Vol. 80 Wednesday, No. 179 September 16, 2015

Pages 55503–55714

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 19:24 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\16SEWS.LOC 16SEWS asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER II Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Email [email protected] Federal Register the day before they are published, unless the Phone 202–741–6000 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Publishing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 80 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Sep 11 2014 19:24 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\16SEWS.LOC 16SEWS asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER III

Contents Federal Register Vol. 80, No. 179

Wednesday, September 16, 2015

Agriculture Department PROPOSED RULES See Animal and Plant Health Inspection Service Air Quality State Implementation Plans; Approvals and See Forest Service Promulgations: Missouri; Control of NOx Emissions from Large Animal and Plant Health Inspection Service Stationary Internal Combustion Engines, 55586 NOTICES Missouri; Designated Facilities and Pollutants; Sewage Privacy Act; Systems of Records, 55588–55590 Sludge Incinerators, 55586–55587 NOTICES Bureau of Consumer Financial Protection Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings: Standardized Permit for RCRA Hazardous Waste Community Bank Advisory Council, 55608 Management Facilities, 55618–55619 Certain New Chemicals; Receipt and Status Information for Centers for Disease Control and Prevention July 2015, 55613–55618 NOTICES Draft National Pollutant Discharge Elimination System Agency Information Collection Activities; Proposals, General Permit for Small Municipal Separate Storm Submissions, and Approvals, 55631–55632 Sewer Systems in New Mexico, 55612–55613 Proposed CERCLA Settlement Agreement for Recovery of Children and Families Administration Past Response Costs: Mobile Smelting Removal Site, Samoa, CA, 55619 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55632 Federal Aviation Administration RULES Civil Rights Commission Airworthiness Directives: NOTICES The Boeing Company, 55505–55512 Meetings: The Boeing Company Airplanes, 55512–55535 Mississippi Advisory Committee, 55592 IFR Altitudes, 55535–55538 South Dakota Advisory Committee, 55593 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coast Guard Flight Plans, 55709–55710 PROPOSED RULES Human Response to Aviation Noise in Protected Natural Safety Zones: Areas Survey, 55709 Lower Mississippi River Miles 95.7 to 96.7; New Orleans, Medical Standards and Certification, 55711 LA, 55583–55586 Meetings: Office of Hazardous Materials Safety, 55710–55711 Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Federal Communications Commission See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Drug Enforcement Administration Submissions, and Approvals, 55620–55621 Meetings: PROPOSED RULES Schedules of Controlled Substances: North American Numbering Council, 55619–55620 Synthetic Cannabinoid MAB-CHMINACA; Temporary Placement into Schedule I, 55565–55568 Federal Energy Regulatory Commission NOTICES NOTICES Final Adjusted Aggregate Production Quotas for Schedule I Combined Filings, 55608–55611 and II Controlled Substances, etc., 55642–55646 Complaints: Internal MISO Generation v. Midcontinent Independent Energy Department System Operator, Inc., 55611–55612 See Federal Energy Regulatory Commission Meetings; Sunshine Act, 55609–55610

Environmental Protection Agency Federal Railroad Administration RULES NOTICES Air Quality State Implementation Plans; Approvals and Agency Information Collection Activities; Proposals, Promulgations: Submissions, and Approvals, 55711–55712 Missouri; Control of NOx Emissions From Large Stationary Internal Combustion Engines, 55545– Federal Reserve System 55548 NOTICES Missouri; Designated Facilities and Pollutants; Sewage Agency Information Collection Activities; Proposals, Sludge Incinerators, 55548–55550 Submissions, and Approvals, 55621–55627

VerDate Sep<11>2014 19:43 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\16SECN.SGM 16SECN asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER IV Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Contents

Changes in Bank Control: Internal Revenue Service Acquisitions of Shares of a Bank or Bank Holding RULES Company, 55627 Basis in Interests in Tax-Exempt Trusts, 55543 Formations of, Acquisitions by, and Mergers of Bank Coordination of Transfer Pricing Rules with Other Code Holding Companies, 55627–55628 Provisions, 55538–55543 PROPOSED RULES Fish and Wildlife Service Treatment of Certain Transfers of Property to Foreign NOTICES Corporations, 55568–55583 Environmental Assessments; Availability, etc.: Draft Habitat Conservation Plan; Paso Robles Phase II; International Trade Administration Hays County, TX, 55636–55638 NOTICES Amended Final Scope Ruling Pursuant to Court Decision: Food and Drug Administration Aluminum Extrusions from the People’s Republic of PROPOSED RULES China, 55593–55594 Food Labeling: Antidumping or Countervailing Duty Investigations, Orders, Guide for Restaurants and Retail Establishments Selling or Reviews: Away-From-Home Foods––Part II (Menu Labeling Large Residential Washers from the Republic of Korea, Requirements in Accordance with the Patient 55595–55596 Protection Affordable Care Act), 55564 Applications for Duty-Free Entry of Scientific Instruments: NOTICES Texas A and M University, 55597 Debarment Orders: Export Trade Certificate of Review: Syed Huda, 55632–55634 California Almond Export Association, LLC, 55594–55595

Forest Service Justice Department NOTICES See Drug Enforcement Administration Environmental Impact Statements; Availability, etc.: Summit Fuels Reduction and Forest Health Project; Sequoia National Forest, CA, 55590–55591 Labor Department Meetings: NOTICES Shasta County Resource Advisory Committee, 55591– Establishing a Minimum Wage for Contractors; Rate Change 55592 in Effect as of January 1, 2016, 55646–55648

General Services Administration Land Management Bureau NOTICES NOTICES Digital Innovation Hack-a-thon Fall 2015, 55628–55630 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 55640–55642 World War One Centennial Commission, 55628 Management and Budget Office Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Fiscal Year 2015 Cost of Hospital and Medical Care See Children and Families Administration Treatment Furnished by the Department of Defense See Food and Drug Administration Medical Treatment Facilities; Certain Rates Regarding See National Institutes of Health Recovery from Tortiously Liable Third Persons, 55648

Homeland Security Department National Archives and Records Administration See Coast Guard NOTICES General Records Schedule: Indian Affairs Bureau Email Managed under a Capstone Approach, 55648– NOTICES 55649 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Endowment for the Humanities Reindeer in Alaska, 55638 RULES Uniform Administrative Requirements, Cost Principles, and Interior Department Audit Requirements for Federal Awards, 55505 See Fish and Wildlife Service NOTICES See Indian Affairs Bureau Meetings: See Land Management Bureau Humanities Panel, 55649–55650 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Foundation on the Arts and the Humanities Claim for Relocation Payments––Residential, DI-381 and See National Endowment for the Humanities Claim for Relocation Payments––Nonresidential, DI- 382, 55639–55640 National Highway Traffic Safety Administration Requests for Nominations: RULES Gateway National Recreation Area Fort Hancock 21st List of Nonconforming Vehicles Decided to be Eligible for Century Advisory Committee, 55638–55639 Importation, 55550–55561

VerDate Sep<11>2014 20:59 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\16SECN.SGM 16SECN asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Contents V

National Institutes of Health Financial Industry Regulatory Authority, Inc., 55671– NOTICES 55672 Agency Information Collection Activities; Proposals, ICE Clear Credit LLC, 55672–55673 Submissions, and Approvals: International Securities Exchange, LLC, 55669–55671 Hazardous Waste Worker Training, 55634–55635 NASDAQ OMX PHLX LLC, 55667–55668, 55692–55698 Meetings: NASDAQ Stock Market, LLC, 55661–55665, 55698–55700 Center for Scientific Review, 55635–55636 NYSE Arca, Inc., 55665–55667, 55674–55683, 55701– National Cancer Institute, 55636 55704 National Center for Complementary and Integrative Health; Amendments, 55635 Small Business Administration National Institute of Biomedical Imaging and NOTICES Bioengineering, 55636 Disaster Declarations: National Institute on Aging, 55634 Louisiana; Amendment 2, 55704–55705 Surrender of License of Small Business Investment National Oceanic and Atmospheric Administration Company, 55705 RULES Fisheries of the Exclusive Economic Zone Off Alaska: Social Security Administration Exchange of Flatfish in the Bering Sea and Aleutian NOTICES Islands Management Area, 55562–55563 Agency Information Collection Activities; Proposals, Fisheries of the Northeastern United States: Submissions, and Approvals, 55705–55707 Northeast Multispecies Fishery; Trip Limit Adjustment for the Common Pool Fishery, 55561–55562 State Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55597–55598 Submissions, and Approvals: Meetings: Application for Consular Report of Birth Abroad of a Pacific Fishery Management Council, 55606–55607 Citizen of the United States of America, 55708–55709 Takes of Marine Mammals Incidental to Specified Culturally Significant Objects Imported for Exhibition: Activities: Fashion and Virtue––Textile Patterns and the Print Wharf Recapitalization Project, 55598–55606 Revolution, 1520–1620, 55709 Jacqueline de Ribes––The Art of Style, 55707–55708 Nuclear Regulatory Commission Jewel City––Art from San Francisco’s Panama–Pacific NOTICES International Exposition, 55708 Guidance: Instrumentation and Controls, 55654–55656 Surface Transportation Board License Amendment Applications: NOTICES Uranerz Energy Corporation; Nichols Ranch In Situ Meetings: Recovery Project, 55650–55654 Rail Energy Transportation Advisory Committee, 55712– Transfer of Licenses: 55713 Perry Nuclear Power Plant, Unit 1, 55656–55661 Operation Exemptions: Western Washington Railroad, LLC––Port of Chehalis, Patent and Trademark Office 55713 NOTICES Requests for Nominations: Transportation Department National Medal of Technology and Innovation See Federal Aviation Administration Nomination Evaluation Committee, 55607–55608 See Federal Railroad Administration See National Highway Traffic Safety Administration Postal Service See Surface Transportation Board NOTICES Meetings; Sunshine Act, 55661 Treasury Department See Internal Revenue Service Presidential Documents NOTICES ADMINISTRATIVE ORDERS Agency Information Collection Activities; Proposals, Trading With the Enemy Act; Continuation of Certain Submissions, and Approvals, 55713–55714 Authorities (Presidential Determination No. 2015–11 of September 11, 2015), 55503 Veterans Affairs Department RULES Securities and Exchange Commission Copayments for Medications in 2015, 55544–55545 NOTICES Applications for Registration as a National Securities Exchange: Reader Aids ISE Mercury, LLC, 55691–55692 Consult the Reader Aids section at the end of this issue for Applications: phone numbers, online resources, finding aids, and notice AlphaClone, Inc., et al., 55683–55691 of recently enacted public laws. Orders Discontinuing Automatic Stay: To subscribe to the Federal Register Table of Contents The Options Clearing Corp., 55668–55669 LISTSERV electronic mailing list, go to http:// Self-Regulatory Organizations; Proposed Rule Changes: listserv.access.gpo.gov and select Online mailing list BATS Global Markets, Inc., BOX Options Exchange LLC, archives, FEDREGTOC-L, Join or leave the list (or change KCG Holdings, Inc., et al., 55700–55701 settings); then follow the instructions.

VerDate Sep<11>2014 19:43 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\16SECN.SGM 16SECN asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER VI Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

2 CFR 3374...... 55505 3 CFR Administrative Orders: Presidential Determinations: No. 2015-11 of September 11, 2015 ...... 55503 14 CFR 39 (4 documents) ...... 55505, 55512, 55521, 55527 95...... 55535 21 CFR Proposed Rules: 11...... 55564 101...... 55564 1308...... 55565 26 CFR 1 (2 documents) ...... 55538, 55543 Proposed Rules: 1...... 55568 33 CFR Proposed Rules: 165...... 55583 38 CFR 17...... 55544 40 CFR 52...... 55545 62...... 55548 Proposed Rules: 52...... 55586 62...... 55586 45 CFR 1174...... 55505 49 CFR 593...... 55550 50 CFR 648...... 55561 679...... 55562

VerDate Sep 11 2014 19:24 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\16SELS.LOC 16SELS asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER 55503

Federal Register Presidential Documents Vol. 80, No. 179

Wednesday, September 16, 2015

Title 3— Presidential Determination No. 2015–11 of September 11, 2015

The President Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act

Memorandum for the Secretary of State [and] the Secretary of the Treasury

Under section 101(b) of Public Law 95–223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination on September 5, 2014 (79 FR 54183, September 10, 2014), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to terminate on September 14, 2015. I hereby determine that the continuation for 1 year of the exercise of those authorities with respect to Cuba is in the national interest of the United States. Therefore, consistent with the authority vested in me by section 101(b) of Public Law 95–223, I continue for 1 year, until September 14, 2016, the exercise of those authorities with respect to Cuba, as implemented by the Cuban Assets Control Regulations, 31 C.F.R. Part 515. The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register.

THE WHITE HOUSE, Washington, September 11, 2015

[FR Doc. 2015–23374 Filed 9–15–15; 8:45 am] Billing code 4811–33

VerDate Sep<11>2014 15:51 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\16SEO0.SGM 16SEO0 asabaliauskas on DSK5VPTVN1PROD with PRESDOCS OB#1.EPS 55505

Rules and Regulations Federal Register Vol. 80, No. 179

Wednesday, September 16, 2015

This section of the FEDERAL REGISTER agency-specific addendum at 2 CFR part of certain fires, an uncontrollable fire contains regulatory documents having general 3374. NEH removed and reserved its that could lead to structural failure. applicability and legal effect, most of which prior regulations about administrative DATES: This AD is effective October 21, are keyed to and codified in the Code of requirements for Federal awards, 45 2015. Federal Regulations, which is published under CFR part 1174, which were rendered 50 titles pursuant to 44 U.S.C. 1510. obsolete by the new provisions. Examining the AD Docket The Code of Federal Regulations is sold by NEH received no comments in You may examine the AD docket on the Superintendent of Documents. Prices of response to its adoption of the interim the Internet at http:// new books are listed in the first FEDERAL final rule. Therefore, 2 CFR part 3374 as www.regulations.gov by searching for REGISTER issue of each week. described in the interim final rule, is and locating Docket No. FAA–2014– adopted with no changes. 0126; or in person at the Docket Management Facility between 9 a.m. Regulatory Findings NATIONAL FOUNDATION ON THE and 5 p.m., Monday through Friday, ARTS AND THE HUMANITIES For the regulatory findings regarding except Federal holidays. The AD docket this rulemaking, please refer to the contains this AD, the regulatory National Endowment for the analysis prepared by OMB in the evaluation, any comments received, and Humanities interim final rule, which is incorporated other information. The address for the herein by reference. 79 FR at 75876. Docket Office (phone: 800–647–5527) is 2 CFR Part 3374 Accordingly, the interim rule adding Docket Management Facility, U.S. 2 CFR part 3374 and amending 45 CFR Department of Transportation, Docket 45 CFR Part 1174 part 1174, which was published at 79 Operations, M–30, West Building RIN 3136–AA35 FR 75871 on December 19, 2014, is Ground Floor, Room W12–140, 1200 adopted as a final rule without change. New Jersey Avenue SE., Washington, Uniform Administrative Requirements, Dated: September 10, 2015. DC 20590. Cost Principles, and Audit Michael P. McDonald, FOR FURTHER INFORMATION CONTACT: Requirements for Federal Awards General Counsel. Rebel Nichols, Aerospace Engineer, Propulsion Branch, ANM–140S, FAA, AGENCY: National Endowment for the [FR Doc. 2015–23186 Filed 9–15–15; 8:45 am] Seattle Aircraft Certification Office, Humanities, National Foundation on the BILLING CODE 7536–01–P Arts and the Humanities. 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6509; fax: ACTION: Final rule. DEPARTMENT OF TRANSPORTATION 425–917–6590; email: rebel.nichols@ SUMMARY: The National Endowment for faa.gov. the Humanities (NEH) has adopted as Federal Aviation Administration SUPPLEMENTARY INFORMATION: final its interim final rule outlining Discussion uniform administrative requirements, 14 CFR Part 39 We issued a notice of proposed cost principles, and audit requirements [Docket No. FAA–2014–0126; Directorate for Federal awards. Identifier 2013–NM–236–AD; Amendment rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would DATES: This rule is effective on 39–18267; AD 2015–19–04] September 16, 2015. apply to all The Boeing Company Model RIN 2120–AA64 757 airplanes. The NPRM published in FOR FURTHER INFORMATION CONTACT: the Federal Register on March 5, 2014 Airworthiness Directives; The Boeing Robert Straughter, Director, Office of (79 FR 12431). The NPRM was Company Grant Management, National prompted by reports of latently failed Endowment for the Humanities, 400 7th AGENCY: Federal Aviation fuel shutoff valves discovered during Street SW., Room, 4060, Washington, Administration (FAA), DOT. fuel filter replacement. The NPRM DC 20506; (202) 606–8237, ACTION: Final rule. proposed to require revising the [email protected] (please include maintenance or inspection program to RIN 3136–AA35 in the subject line of SUMMARY: We are adopting a new include new airworthiness limitations. the message). airworthiness directive (AD) for all The We are issuing this AD to detect and SUPPLEMENTARY INFORMATION: On Boeing Company Model 757 airplanes. correct latent failures of the fuel shutoff December 19, 2014, the Office of This AD was prompted by reports of valve to the engine and APU, which Management and Budget (OMB) latently failed fuel shutoff valves could result in the inability to shut off published an interim final rule that discovered during fuel filter fuel to the engine and APU and, in case implemented for all Federal award- replacement. This AD requires revising of certain fires, an uncontrollable fire making agencies, including NEH, OMB’s the maintenance or inspection program that could lead to structural failure. final guidance on Uniform to include new airworthiness Administrative Requirements, Cost limitations. We are issuing this AD to Record of Ex Parte Communication Principles, and Audit Requirements for detect and correct latent failures of the In preparation of AD actions such as Federal Awards. 79 FR 75871. OMB fuel shutoff valve to the engine and NPRMs and immediately adopted rules, published the uniform rules as 2 CFR auxiliary power unit (APU), which it is the practice of the FAA to obtain part 200. As part of that rulemaking, could result in the inability to shut off technical information and information NEH adopted part 200 through an fuel to the engine and APU and, in case on operational and economic impacts

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55506 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

from design approval holders and considers this issue to be an unsafe shutoff valve actuators on which the aircraft operators. We discussed certain condition. We have determined that, identified unsafe condition exists. comments addressed in this final rule in without the required interim actions, a DHL stated that the proposed AD (79 a teleconference with Airlines for significant number of flights with a fuel FR 12431, March 5, 2014) should make America (A4A) and other members of shutoff valve actuator that is failed it clear that airworthiness limitations the aviation industry. All of the latently in the open valve position will (AWL) numbers 28–AWL–ENG and 28– comments discussed during this occur during the affected fleet life. With AWL–APU do not apply to airplanes teleconference are addressed in this a failed fuel shutoff valve, if certain fire that are equipped with the actuators final rule in response to comments conditions were to occur, or if extreme made by supplier V35840, having part submitted by other commenters. A engine or APU damage were to occur, or number (P/N) AV31–1 (Boeing P/N discussion of this contact can be found if an engine separation event were to S343T003–111), for the engine fuel in the rulemaking docket at http:// occur during flight, the crew procedures shutoff valve and APU fuel shutoff www.regulations.gov by searching for for such an event would not stop the valve. DHL stated that the deficiencies and locating Docket No. FAA–2014– fuel flow to the engine strut and nacelle identified in the NPRM are related to 0126. or APU. The continued flow of fuel potential common mode failures, which affect integral electronic circuit boards Clarification of Certain Terminology could cause an uncontrolled fire or lead to a fuel exhaustion event. that commutate the brushless motor and Throughout the preamble of this final The FAA regulations require all control the position indicating signals rule, commenters may have used the transport airplanes to be fail safe with on some actuators made by supplier terms ‘‘fuel shutoff valve’’ and ‘‘fuel respect to engine or APU fire events, V73760. DHL also stated that fuel spar valve’’ interchangeably. Both terms and the risk due to severe engine or shutoff valve P/N AV31–1 (Boeing P/N refer to the same part. In our responses APU damage events be minimized. S343T003–111) is not susceptible to the to comments, we have used the term Therefore, we require, for each flight, type of deficiency described in the ‘‘fuel shutoff valve.’’ The term ‘‘fuel spar sufficiently operative fire safety systems NPRM because this valve uses brushes valve’’ is more commonly used in so that fires can be detected and and mechanical switches rather than airplane maintenance documentation contained, and fuel to the engine strut electronic circuit boards to commutate and, therefore, we have used that term and nacelle or APU can be shut off in the motor and to control position in figure 1 to paragraph (g) of this AD. the event of an engine or APU fire or indicating signals. UAL stated that the proposed AD (79 severe damage. Comments FR 12431, March 5, 2014) did not We gave the public the opportunity to The FAA airworthiness standards specify which MOV actuator part participate in developing this AD. The require remotely controlled powerplant number the proposed AD applies to. following presents the comments valves to provide indications that the UAL stated that proposed ADs were received on the NPRM (79 FR 12431, valves are in the commanded position. issued for Model 737NG, 757, 767, and March 5, 2014) and the FAA’s response These indications allow the prompt 777 airplanes to replace the MOV to each comment. detection and correction of valve actuator with P/N MA30A1001. UAL failures. We do not allow dispatch with also stated there are known issues with Request To Withdraw the NPRM (79 FR a known inoperative fuel shutoff valve. this MOV actuator part number, and 12431, March 5, 2014) Therefore, we are proceeding with the presumes that the proposed AD is for American Airlines (AA) stated that final rule—not because of the higher- MOV actuator P/N MA30A1001. Boeing’s internal review found that the than-typical failure rate of the particular We agree with the commenters’ issue addressed by the NPRM (79 FR valve actuator involved, but instead requests to limit the applicability 12431, March 5, 2014) is not a safety because the fuel shutoff valve actuator specified in figure 1 and figure 2 to concern, and that Boeing has not can fail in a manner that also defeats the paragraph (g) of this AD to airplanes recommended any interim action on required valve position indication with the actuators on which the this issue. In addition, AA stated that feature. That failure can lead to a large identified unsafe condition exists. Only Boeing is addressing the issue in the number of flights occurring on an two fuel shutoff valve actuator designs long term with a design change to the airplane with a fuel shutoff valve are susceptible to the identified unsafe motor-operated valve (MOV) actuator of actuator failed in the open position condition specified in this final rule, the fuel shutoff valve. AA also noted without the operator being aware of the and it would be unnecessarily that in a previous NPRM for Model 757 failure. Airworthiness limitations burdensome to require the inspections airplanes, it had submitted data containing required inspections are on airplanes that do not have any of the showing the failure of the actuator was intended to limit the number of flights susceptible valves installed. We have unlikely and that coupled with the following latent failure of the fuel changed the Applicability column in likelihood of an erroneous indication shutoff valve. Issuance of an AD is the figure 1 and figure 2 to paragraph (g) of occurring at the same time, the latent appropriate method to correct the this AD to clarify that the limitations hazard was even more improbable. AA unsafe condition. We have not changed apply to Model 757 airplanes on which stated the same analysis applies to this this final rule in this regard. fuel shutoff valve actuator P/N NPRM. We infer that AA is requesting Requests To Revise the Proposed AD MA20A2027 (Boeing P/N S343T003–56) the NPRM be withdrawn. (79 FR 12431, March 5, 2014) To Limit or P/N MA30A1001 (Boeing P/N We disagree with AA’s request to the Applicability Specified in Certain S343T003–66) is installed at the engine withdraw the NPRM (79 FR 12431, Figures and APU fuel shutoff valve positions. March 5, 2014). We have determined that an unsafe condition exists that DHL and United Airlines (UAL) Requests To Change the Initial warrants an interim action until the requested that we revise the proposed Compliance Time for the Operational manufacturer finishes developing a AD (79 FR 12431, March 5, 2014) to Check modification that will address the limit the applicability specified in figure AA and US Airways requested that identified unsafe condition. Boeing did 1 and figure 2 to paragraph (g) of the the compliance time for the initial not formally comment on whether it proposed AD to airplanes with fuel accomplishment of the operational

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55507

check be extended after accomplishing Request To Change Compliance Time airplanes have the same actuator valve the maintenance or inspection program Intervals to Flight Cycles and indication, except that Model 767– revision. US Airways requested that the 400 series airplanes do not have a AA requested that the compliance compliance time intervals be changed to disagreement light. UAL requested that we extend the time be revised to 60 days after specify flight cycles. US Airways stated daily interval for AWL number 28– that it has heard of no evidence accomplishing the maintenance or AWL–ENG to 10 days. UAL stated that suggesting the subject condition is a inspection program revision. AA stated Model 757–200 and –300 series function of time and believes the that the extended time of 60 days is for airplanes and Model 767–400 series condition would likely only occur either publishing the new criteria, for airplanes use the same MOV actuator. at engine or APU start or shutdown. US distribution of cards and manuals/ UAL stated that the interval for Model checklists, and for the initial Airways also stated that it and other 757–200 and –300 series airplanes is compliance time to be taken into operators utilize its airplanes on long- daily while the Model 767–400 series account. AA stated that the 7-day haul trips that span many time zones. airplanes is 10 days. compliance time is not justified by the US Airways stated that, according to a We disagree with the commenters’ failure rates for this safety concern. AA report from the airplane manufacturer requests. For the engine fuel shutoff also stated that the compliance deadline during the fourth quarter of 2013, 68 valve, an interval increase from daily to would therefore become unclear. percent of the operators had a daily every 10 days, or to the later of 100 utilization rate of 3.3 flight cycles, and flight hours or 50 flight cycles, would US Airways requested that the 95.4 percent had a daily utilization rate compliance time be extended to 7 days result in at least 10 times as many of 4.7 flight cycles. flights at risk of an uncontrollable after the 30-day compliance time for the We disagree with the commenter’s maintenance or inspection program engine fire. The daily check has been request. While the failure of the fuel deemed practical because in practice it revision. US Airways stated that shutoff valve is likely associated with accomplishing the initial compliance likely means the flightcrew will need to the cycling of the valve, the purpose of watch a light just above the FUEL time based on completion of adding to the inspections is to minimize the CONTROL switch as they start or shut the maintenance program would make exposure to flights that are initiated down the engine. As AA stated, Model the compliance deadline very difficult with a fuel shutoff valve actuator that is 767–400ER series airplanes do not have to track as making program changes is latently failed in the open position. the disagreement light, so the inspection typically not a closely tracked process. Operators may request approval of an is more complex. As a result, we We partially agree with the AMOC in accordance with the determined it is not practical to require commenters’ requests to extend the provisions specified in paragraph (i)(1) this inspection on a daily basis on initial compliance time for the actions of this AD to change the interval to a Model 767–400ER airplanes. We have specified in figure 1 to paragraph (g) of cycle-based interval, provided it not changed the inspection interval for this AD. We have changed the initial includes at least one check each day for Model 757 airplanes addressed in this compliance time for accomplishing the the engine fuel shutoff valves and that AD. the data substantiate that the request actions specified in figure 1 to Request for Operational Check Relief paragraph (g) of this AD to 10 days. A would provide an acceptable level of compliance time of 10 days is consistent safety. We have not changed this AD in AA requested that any recurring with regulatory actions for other this regard. interval include only the days or flight cycles when the airplane is in revenue affected airplane models and with the Requests To Extend the Repetitive initial compliance time in figure 2 to service, or when an APU is in Inspection Interval for the Engine Fuel operational status. AA stated that the paragraph (g) of this AD. We have Shutoff Valves determined that the initial compliance proposed AD (79 FR 12431, March 5, time for the check represents an AA and UAL requested that the daily 2014) does not account for airplanes in repetitive inspection interval for the appropriate time in which the required routine maintenance or in an out-of- engine fuel spar valve be extended. actions can be performed in a timely service condition. AA also proposed AA requested that we add a choice to manner within the affected fleet, while that a provision for the APU on the the proposed AD (79 FR 12431, March still maintaining an adequate level of minimum equipment list (MEL) be 5, 2014) to allow monitoring the safety. included in the proposed AD. AA stated disagreement light in combination with that once an APU is returned to service In developing an appropriate checking the actuator itself every 100 from the MEL, the ‘‘10 day or 100 flight compliance time, we considered the flight hours or 50 flight cycles, hours/50 cycles whichever occurs later’’ safety implications, parts availability, whichever occurs later. AA stated that interval would be restarted. AA stated and normal maintenance schedules for this means to check the indication and that any task interval in the proposed timely accomplishment of the physically check the closure of the AD should have the mechanism to operational checks. The manufacturer engine and APU fuel spar valve at 100 exclude the elapsed time when the does not expect a large number of flight hours or 50 flight cycles, aircraft or APU is non-operational, since latently failed fuel shutoff valve whichever occurs later, as an alternative the latent failure finding task is not actuators to be discovered. Existing maintenance task. AA stated that Model accumulating time toward a next parts stores are expected to be sufficient, 767–400 series airplanes identified in potential latent failure. and parts can be repositioned in time to the NPRM having Directorate Identifier We partially agree with the support the initial checks. However, 2013–NM–237–AD (79 FR 12420, March commenter’s request. We agree to limit under the provisions of paragraph (i)(1) 5, 2014) are allowed 10 days to inspect operational checks to days when the of this AD, we might consider requests the spar valve actuator arm when it is airplane is in revenue service or when for adjustments to the compliance time fully closed and commanded closed. AA an APU is in operational status because if data are submitted to substantiate that stated that 10 days equates closely to it would be unnecessarily burdensome such an adjustment would provide an 100 flight hours/50 flight cycles. AA to require the inspections on airplanes acceptable level of safety. also stated that Model 757 and 767 that are not in operation. We have

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55508 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

added a note in the Interval column of airworthiness limitation. Allegiant Air indication be inoperative, and the figure 1 and figure 2 to paragraph (g) of also stated that FAA Master Minimum proposed AD requirements should this AD indicating that the operational Equipment List (MMEL), Policy Letter provide the same relief. check for the engine and APU is not 25, Revision 16, dated April 2, 2010 We disagree with providing MEL required on days when the airplane is (PL–25 is designated as MMEL Global relief for an inoperative fuel shutoff not used in revenue service. We have Change GC–164) (http://fsims.faa.gov/ valve indication because MEL relief revised figure 1 to paragraph (g) of this wdocs/policy%20letters/pl-025_ could potentially allow the fuel shutoff AD to include a note stating that the r16.htm) provides allowance for ‘‘other check must be done before further flight personnel’’ to be qualified and valve to be inoperative for up to 10 days once the airplane is returned to revenue authorized to perform certain functions of revenue operation. However, we do service. We have also revised figure 2 to that do not require the use of tools or agree to provide flexibility in regard to paragraph (g) of this AD to state that the test equipment. Allegiant Air stated that verification that the fuel shutoff valve check must be done before further flight this change would eliminate the need actuator is operational. In figure 1 to with an operational APU if it has been for a second approval process (via the paragraph (g) of this AD, we have added 10 or more calendar days since the last POI), while providing an equivalent item D., ‘‘Perform an Inspection to the check. level of safety. Fuel Spar Valve MOV Actuator However, we disagree with restarting We partially agree with the Position,’’ to verify the valve is closing, the 10-day interval once an APU is commenter’s request. We agree that the which can be used when the fuel shutoff returned to service. The interval for the AWL allows either the flightcrew or valve indication does not function operational check of the APU fuel maintenance crew to perform the properly. shutoff valve should not be extended operational check. We consider it to be simply because the APU was out of very important that the expectations as Request To Clarify Recording service for a time. It is likely that this to what must be done to check the Requirements check will be done as a matter of course operation of the fuel shutoff valve, as US Airways requested that we whenever an APU is returned to service. defined in figures 1 and 2 to paragraph provide a more complete explanation of (g) of this AD, be well understood by all Request To Add Requirement To the requirements regarding the parties, and yet we want to provide the Provide Electrical Power Before the documentation of accomplishment of maximum flexibility to operators. the requirements of the proposed AD Operational Check If an operator chooses to have the UAL requested that we add a flightcrew accomplish the check, the (79 FR 12431, March 5, 2014). US requirement to the proposed AD (79 FR POI is in the best position to make sure Airways stated that typically, AD- 12431, March 5, 2014) to provide this check is done properly. However, it mandated actions require electrical power before performing the is also acceptable for an operator to documentation of accomplishment. US operational check required by figure 1 choose to accomplish the check as a Airways stated that it should be made and figure 2 to paragraph (g) of the maintenance action and record clear whether logbook entries would be proposed AD. UAL stated that electrical compliance as specified in section required should the flightcrew perform power is required to perform the check 43.11(a) of the Federal Aviation the required actions in an approved and other maintenance might be Regulations (14 CFR 43.11(a)) without manner, such as part of a procedure underway, which could deactivate POI involvement. In addition, affected checklist. required circuits. operators may apply for approval of an We agree that clarification is We agree with the commenter’s AMOC in accordance with the necessary. This AD requires including request because electrical power is provisions specified in paragraph (i)(1) the information in figure 1 and figure 2 required. In item C.1. of figure 1 and of this AD by submitting data of paragraph (g) of the AD in the item A.2. of figure 2 to paragraph (g) of substantiating that the request would maintenance or inspection program. this AD, we have added an instruction provide an acceptable level of safety. However, the AD does not require to supply electrical power to the We have not changed the AD in this accomplishing the actions specified in airplane using standard practices when regard. figure 1 and figure 2 of paragraph (g) of performing the operational check. Request for Clarification Regarding the the AD. The actions specified in the Request To Allow Flightcrew To Use of the MEL figures in this AD are done, and remain Perform Certain AD Requirement US Airways requested clarification on enforceable, as part of the airworthiness Without Principal Operations Inspector the use of the MEL. US Airways asked limitations of the Instructions for (POI) Approval if operators may still apply the MEL and Continued Airworthiness. Section Allegiant Air requested the proposed be in compliance with the requirements 43.11(a) of the Federal Aviation verbiage that states ‘‘(unless checked by of the proposed AD (79 FR 12431, Regulations (14 CFR 43.11(a)) requires the flightcrew in a manner approved by March 5, 2014) if the SPAR VALVE light maintenance record entries for the principle [sic] operations becomes inoperative. US Airways stated maintenance actions such as the inspector)’’ be revised to ‘‘the the maintenance action specified by the required checks. If an operator elects to operational check can be performed MEL should meet the intent of the have a flightcrew member do the check either as a maintenance action or as a proposed AD (79 FR 12431, March 5, in accordance with the applicable flightcrew action.’’ Allegiant Air stated 2014). US Airways stated that the airworthiness limitation, that same that the proposed AD (79 FR 12431, operational checks in figure 1 to action would be considered an March 5, 2014) allows either the paragraph (g) of the proposed AD are operational task (not maintenance), and flightcrew or maintenance crew to predicated on the SPAR VALVE light therefore 14 CFR 43.11(a) would not perform the operational check. Allegiant being operative. US Airways also stated apply. In that case, operators should Air stated that section 91.403(c) of the that MEL 28–40–2 of the FAA Boeing follow their normal processes for Federal Aviation Regulations (14 CFR B757 Master Minimum Equipment List operational activities, including 91.403(c)) requires the affected operator (MMEL), Revision 30a, dated June 9, necessary POI involvement. We have to accomplish the test provided by the 2014, provides relief should the not changed this AD in this regard.

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55509

Request To Clarify Requirements for switches are moved to the RUN position 12431, March 5, 2014) for correcting the Certain Disagreement Lights during that portion of the operational unsafe condition; and • UAL requested that we clarify certain check. We have not changed this AD in Do not add any additional burden requirements of the proposed AD (79 FR this regard. upon the public than was already 12431, March 5, 2014). UAL stated that, Explanation of Error in the Published proposed in the NPRM (79 FR 12431, in figure 1 to paragraph (g) of the Version of the NPRM (79 FR 12431, March 5, 2014). proposed AD, item C.5.a. and item C.6.a. March 5, 2014) We also determined that these (item C.6.a. and item C.7.a., changes will not increase the economic respectively, in this AD) instruct to The model designation for The Boeing burden on any operator or increase the move the left and right FUEL CONTROL Company Model 757 airplanes is scope of this AD. missing from the SUMMARY section of the switches, respectively, to the RUN Interim Action position, but do not instruct to monitor NPRM (79 FR 12431, March 5, 2014). the left and right SPAR VALVE This information has been added to this We consider this AD interim action. disagreement lights, unlike item C.5.c final rule. The manufacturer is currently and item C.6.c. of the proposed AD. Conclusion developing a modification that will UAL stated that it presumes it is not address the unsafe condition identified required to verify the left and right We reviewed the relevant data, in this AD. Once this modification is SPAR VALVE disagreement lights when considered the comments received, and developed, approved, and available, we the left and right FUEL CONTROL determined that air safety and the might consider additional rulemaking. public interest require adopting this AD switches are moved to the RUN Costs of Compliance position. with the changes described previously, We agree to provide clarification. It is and minor editorial changes. We have We estimate that this AD affects 590 not required to verify the left and right determined that these minor changes: airplanes of U.S. registry. SPAR VALVE disagreement lights when • Are consistent with the intent that We estimate the following costs to the left and right FUEL CONTROL was proposed in the NPRM (79 FR comply with this AD:

ESTIMATED COSTS

Cost per Cost on U.S. Action Labor cost Parts cost product operators

Incorporating Airworthiness Limitation ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $50,150

Authority for This Rulemaking responsibilities among the various § 39.13 [Amended] levels of government. ■ 2. The FAA amends § 39.13 by adding Title 49 of the United States Code For the reasons discussed above, I the following new airworthiness specifies the FAA’s authority to issue certify that this AD: rules on aviation safety. Subtitle I, directive (AD): (1) Is not a ‘‘significant regulatory section 106, describes the authority of action’’ under Executive Order 12866, 2015–19–04 The Boeing Company: the FAA Administrator. Subtitle VII: (2) Is not a ‘‘significant rule’’ under Amendment 39–18267; Docket No. Aviation Programs, describes in more FAA–2014–0126; Directorate Identifier DOT Regulatory Policies and Procedures detail the scope of the Agency’s 2013–NM–236–AD. authority. (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation (a) Effective Date We are issuing this rulemaking under in Alaska, and This AD is effective October 21, 2015. the authority described in Subtitle VII, (4) Will not have a significant (b) Affected ADs Part A, Subpart III, Section 44701: economic impact, positive or negative, ‘‘General requirements.’’ Under that on a substantial number of small entities None. section, Congress charges the FAA with under the criteria of the Regulatory (c) Applicability promoting safe flight of civil aircraft in Flexibility Act. air commerce by prescribing regulations This AD applies to all The Boeing for practices, methods, and procedures List of Subjects in 14 CFR Part 39 Company Model 757–200, –200PF, –200CB, the Administrator finds necessary for and –300 series airplanes, certificated in any Air transportation, Aircraft, Aviation category. safety in air commerce. This regulation safety, Incorporation by reference, is within the scope of that authority Safety. (d) Subject because it addresses an unsafe condition Air Transport Association (ATA) of that is likely to exist or develop on Adoption of the Amendment America Code 28, Fuel. products identified in this rulemaking Accordingly, under the authority (e) Unsafe Condition action. delegated to me by the Administrator, This AD was prompted by reports of the FAA amends 14 CFR part 39 as Regulatory Findings latently failed fuel shutoff valves discovered follows: during fuel filter replacement. We are issuing This AD will not have federalism this AD to detect and correct latent failures implications under Executive Order PART 39—AIRWORTHINESS DIRECTIVES of the fuel shutoff valve to the engine and 13132. This AD will not have a auxiliary power unit (APU), which could substantial direct effect on the States, on ■ result in the inability to shut off fuel to the the relationship between the national 1. The authority citation for part 39 engine and APU and, in case of certain fires, government and the States, or on the continues to read as follows: an uncontrollable fire that could lead to distribution of power and Authority: 49 U.S.C. 106(g), 40113, 44701. structural failure.

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55510 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

(f) Compliance (g) Revision of Maintenance or Inspection (g) of this AD into the Airworthiness Comply with this AD within the Program Limitations Section of the Instructions for Continued Airworthiness. The initial compliance times specified, unless already Within 30 days after the effective date of compliance time for accomplishing the this AD, revise the maintenance or inspection done. actions specified in figure 1 and figure 2 to program, as applicable, to add airworthiness paragraph (g) of this AD is within 10 days limitations Nos. 28–AWL–ENG and 28– after accomplishing the maintenance or AWL–APU, by incorporating the information inspection program revision required by this specified in figure 1 and figure 2 to paragraph paragraph.

FIGURE 1 TO PARAGRAPH (g) OF THIS AD—ENGINE FUEL SHUTOFF VALVE (FUEL SPAR VALVE) POSITION INDICATION OPERATIONAL CHECK

AWL No. Task Interval Applicability Description

28–AWL–ENG ...... ALI DAILY ...... ALL ...... Engine Fuel Shutoff Valve (Fuel Spar Valve) Position INTERVAL NOTE: Not re- APPLICABILITY NOTE: Indication Operational Check. quired on days when the Only applies to airplanes Concern: The fuel spar valve actuator design can re- airplane is not used in with an MA20A2027 sult in airplanes operating with a failed fuel spar revenue service. The (S343T003–56) or valve actuator that is not reported. A latently failed check must be done be- MA30A1001 fuel spar valve actuator could prevent fuel shutoff to fore further flight once (S343T003–66) actuator an engine. In the event of certain engine fires, the the airplane is returned installed at the engine potential exists for an engine fire to be uncontrol- to revenue service fuel spar valve position lable. Perform one of the following checks/inspection of the fuel spar valve position (unless checked by the flightcrew in a manner approved by the principal op- erations inspector). A. Operational check during engine shutdown 1. Do an operational check of the left engine fuel spar valve actuator. a. As the L FUEL CONTROL switch on the quadrant control stand is moved to the CUTOFF position, verify the left SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. b. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing AMM 28–22–11). 2. Do an operational check of the right engine fuel spar valve actuator. a. As the R FUEL CONTROL switch on the quadrant control stand is moved to the CUTOFF position, verify the right SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. b. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing AMM 28–22–11). B. Operational check during engine start 1. Do an operational check of the left engine fuel spar valve actuator. a. As the L FUEL CONTROL switch on the quadrant control stand is moved to the RUN position, verify the left SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. b. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing AMM 28–22–11). 2. Do an operational check of the right engine fuel spar valve actuator. a. As the R FUEL CONTROL switch on the quadrant control stand is moved to the RUN position, verify the right SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. b. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing AMM 28–22–11). C. Operational check without engine operation 1. Supply electrical power to the airplane using stand- ard practices. 2. Make sure all fuel pump switches on the Overhead Panel are in the OFF position.

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55511

FIGURE 1 TO PARAGRAPH (g) OF THIS AD—ENGINE FUEL SHUTOFF VALVE (FUEL SPAR VALVE) POSITION INDICATION OPERATIONAL CHECK—Continued

AWL No. Task Interval Applicability Description

3. If the APU is running, open and collar the L FWD FUEL BOOST PUMP (C00372) circuit breaker on the Main Power Distribution Panel. 4. Make sure LEFT and RIGHT ENG FIRE switches on the Aft Aisle Stand are in the NORMAL (IN) posi- tion. 5. Make sure L and R Engine Start Selector Switches on the Overhead Panel are in the OFF position. 6. Do an operational check of the left engine fuel spar valve actuator. a. Move L FUEL CONTROL switch on the quadrant control stand to the RUN position and wait approxi- mately 10 seconds. NOTE: It is normal under this test condition for the ENG VALVE disagreement light on the quadrant control stand to stay illuminated. b. Move L FUEL CONTROL switch on the quadrant control stand to the CUTOFF position. c. Verify the left SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. d. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing AMM 28–22–11). 7. Do an operational check of the right engine fuel spar valve actuator. a. Move R FUEL CONTROL switch on the quadrant control stand to the RUN position and wait approxi- mately 10 seconds. NOTE: It is normal under this test condition for the ENG VALVE disagreement light on the quadrant control stand to stay illuminated. b. Move R FUEL CONTROL switch on the quadrant control stand to the CUTOFF position. c. Verify the right SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. d. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing AMM 28–22–11). 8. If the L FWD FUEL BOOST PUMP circuit breaker was collared in step 3, remove collar and close. D. Perform an inspection of the fuel spar valve actu- ator position NOTE: This inspection may be most useful whenever the SPAR VALVE light does not function properly. 1. Make sure the L FUEL CONTROL switch on the quadrant control stand is in the CUTOFF position. NOTE: It is not necessary to cycle the FUEL CON- TROL switch to do this inspection. 2. Inspect the left engine fuel spar valve actuator lo- cated in the left rear spar. NOTE: Access is through access panel 551EBX. a. Verify the manual override handle on the engine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any actuator that is not in the CLOSED position (refer to Boeing AMM 28–22–11). 3. Make sure the R FUEL CONTROL switch on the quadrant control stand is in the CUTOFF position. NOTE: It is not necessary to cycle the FUEL CON- TROL switch to do this inspection. 4. Inspect the right engine fuel spar valve actuator lo- cated in the right rear spar. NOTE: Access is through access panel 651EBX. a. Verify the manual override handle on the engine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any actuator that is not in the CLOSED position (refer to Boeing AMM 28–22–11).

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55512 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

FIGURE 2 TO PARAGRAPH (g) OF THIS AD—AUXILIARY POWER UNIT (APU) FUEL SHUTOFF VALVE POSITION INDICATION OPERATIONAL CHECK

AWL No. Task Interval Applicability Description

28–AWL–APU ...... ALI 10 DAYS...... ALL ...... APU Fuel Shutoff Valve Position Indication Oper- ational Check. INTERVAL NOTE: Not re- APPLICABILITY NOTE: Concern: The APU fuel shutoff valve actuator design quired on days when the Only applies to airplanes can result in airplanes operating with a failed APU airplane is not used in with an MA20A2027 fuel shutoff valve actuator that is not reported. A la- revenue service. (S343T003–56) or tently failed APU fuel shutoff valve actuator could Must be done before fur- MA30A1001 prevent fuel shutoff to the APU. In the event of cer- ther flight with an oper- (S343T003–66) actuator tain APU fires, the potential exists for an APU fire to ational APU if it has installed at the APU fuel be uncontrollable. been 10 or more cal- shutoff valve position. Perform the operational check of the APU fuel shutoff endar days since last valve position indication (unless checked by the check. flightcrew in a manner approved by the principal op- erations inspector). A. Do an operational check of the APU fuel shutoff valve position indication. 1. If the APU is running, unload and shut down the APU using standard practices. 2. Supply electrical power to the airplane using stand- ard practices. 3. Make sure the APU FIRE switch on the Aft Aisle Stand is in the NORMAL (IN) position. 4. Make sure there is at least 700 lbs (300 kgs) of fuel in the Left Main Tank. 5. Move APU Selector switch on the Overhead Panel to the ON position and wait approximately 10 sec- onds. 6. Move APU Selector switch on the Overhead Panel to the OFF position. 7. Verify the APU FAULT light on the Overhead Panel illuminates and then goes off. 8. If the test fails (light fails to illuminate), before fur- ther flight requiring APU availability, repair faults as required (refer to Boeing AMM 28–25–11). NOTE: Dispatch may be permitted per MMEL 28–25– 2 if APU is not required for flight.

(h) No Alternative Actions or Intervals (j) Related Information DEPARTMENT OF TRANSPORTATION After accomplishment of the maintenance For more information about this AD, or inspection program revision required by contact Rebel Nichols, Aerospace Engineer, Federal Aviation Administration paragraph (g) of this AD, no alternative Propulsion Branch, ANM–140S, FAA, Seattle actions (e.g., inspections) or intervals may be Aircraft Certification Office, 1601 Lind 14 CFR Part 39 used unless the actions or intervals are Avenue SW., Renton, WA 98057–3356; [Docket No. FAA–2014–0127; Directorate approved as an alternative method of phone: 425–917–6509; fax: 425–917–6590; Identifier 2013–NM–237–AD; Amendment compliance (AMOC) in accordance with the email: [email protected]. 39–18265; AD 2015–19–02] procedures specified in paragraph (i)(1) of this AD. (k) Material Incorporated by Reference RIN 2120–AA64 (i) Alternative Methods of Compliance None. Airworthiness Directives; The Boeing (AMOCs) Issued in Renton, Washington, on Company Airplanes (1) The Manager, Seattle Aircraft September 7, 2015. AGENCY: Federal Aviation Certification Office (ACO) FAA, has the Jeffrey E. Duven, Administration (FAA), DOT. authority to approve AMOCs for this AD, if Manager, Transport Airplane Directorate, ACTION: Final rule. requested using the procedures found in 14 Aircraft Certification Service. CFR 39.19. In accordance with 14 CFR 39.19, [FR Doc. 2015–23120 Filed 9–15–15; 8:45 am] SUMMARY: We are adopting a new send your request to your principal inspector BILLING CODE 4910–13–P airworthiness directive (AD) for all The or local Flight Standards District Office, as Boeing Company Model 767 airplanes. appropriate. If sending information directly This AD was prompted by reports of to the manager of the ACO, send it to the attention of the person identified in latently failed fuel shutoff valves paragraph (j) of this AD. Information may be discovered during fuel filter emailed to: 9-ANM-Seattle-ACO-AMOC- replacement. This AD requires revising [email protected]. the maintenance or inspection program (2) Before using any approved AMOC, to include new airworthiness notify your appropriate principal inspector, limitations. We are issuing this AD to or lacking a principal inspector, the manager detect and correct latent failures of the of the local flight standards district office/ fuel shutoff valve to the engine and certificate holding district office. auxiliary power unit (APU), which

VerDate Sep<11>2014 16:46 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55513

could result in the inability to shut off America (A4A) and other members of address the identified unsafe condition. fuel to the engine and APU and, in case the aviation industry. All of the Boeing did not formally comment on of certain fires, an uncontrollable fire comments discussed during this whether it considers this issue to be an that could lead to structural failure. teleconference are addressed in this unsafe condition. We have determined DATES: This AD is effective October 21, final rule in response to comments that, without the required interim 2015. submitted by other commenters. A actions, a significant number of flights discussion of this contact can be found with a fuel shutoff valve actuator that is Examining the AD Docket in the rulemaking docket at http:// failed latently in the open valve position You may examine the AD docket on www.regulations.gov by searching for will occur during the affected fleet life. the Internet at http:// and locating Docket No. FAA–2014– With a failed fuel shutoff valve, if www.regulations.gov by searching for 0127. certain fire conditions were to occur, or and locating Docket No. FAA–2014– if extreme engine or APU damage were Clarification of Certain Terminology 0127; or in person at the Docket to occur, or if an engine separation Management Facility between 9 a.m. Throughout the preamble of this final event were to occur during flight, the and 5 p.m., Monday through Friday, rule, commenters may have used the crew procedures for such an event except Federal holidays. The AD docket terms ‘‘fuel shutoff valve’’ and ‘‘fuel would not stop the fuel flow to the contains this AD, the regulatory spar valve’’ interchangeably. Both terms engine strut and nacelle or APU. The evaluation, any comments received, and refer to the same part. In our responses continued flow of fuel could cause an other information. The address for the to comments, we have used the term uncontrolled fire or lead to a fuel Docket Office (phone: 800–647–5527) is ‘‘fuel shutoff valve.’’ The term ‘‘fuel spar exhaustion event. Docket Management Facility, U.S. valve’’ is more commonly used in The FAA regulations require all Department of Transportation, Docket airplane maintenance documentation transport airplanes to be fail safe with Operations, M–30, West Building and, therefore, we have used that term respect to engine or APU fire events, Ground Floor, Room W12–140, 1200 in figure 1 and figure 2 to paragraph (g) and the risk due to severe engine or New Jersey Avenue SE., Washington, of this AD. APU damage events to be minimized. DC 20590. Therefore, we require, for each flight, Comments sufficiently operative fire safety systems FOR FURTHER INFORMATION CONTACT: We gave the public the opportunity to so that fires can be detected and Rebel Nichols, Aerospace Engineer, participate in developing this AD. The contained, and fuel to the engine strut Propulsion Branch, ANM–140S, FAA, following presents the comments and nacelle or APU can be shut off in Seattle Aircraft Certification Office, received on the NPRM (79 FR 12420, the event of an engine or APU fire or 1601 Lind Avenue SW., Renton, WA March 5, 2014) and the FAA’s response severe damage. 98057–3356; phone: 425–917–6509; fax: to each comment. The FAA airworthiness standards 425–917–6590; email: rebel.nichols@ require remotely controlled powerplant faa.gov. Requests To Withdraw the NPRM (79 valves to provide indications that the SUPPLEMENTARY INFORMATION: FR 12420, March 5, 2014) valves are in the commanded position. American Airlines (AA) stated that These indications allow the prompt Discussion Boeing’s internal review found that the detection and correction of valve We issued a notice of proposed issue addressed by the NPRM (79 FR failures. We do not allow dispatch with rulemaking (NPRM) to amend 14 CFR 12420, March 5, 2014) is not a safety a known inoperative fuel shutoff valve. part 39 by adding an AD that would concern, and Boeing has not Therefore, we are proceeding with the apply to all The Boeing Company Model recommended any interim action on final rule—not because of the higher- 767 airplanes. The NPRM published in this issue. In addition, AA stated that than-typical failure rate of the particular the Federal Register on March 5, 2014 Boeing is addressing the issue in the valve actuator involved, but instead (79 FR 12420). The NPRM was long term with a design change to the because the fuel shutoff valve actuator prompted by reports of latently failed motor-operated valve (MOV) actuator of can fail in a manner that also defeats the fuel shutoff valves discovered during the fuel shutoff valve. required valve position indication fuel filter replacement. The NPRM All Nippon Airways (ANA) stated it feature. That failure can lead to a large proposed to require revising the agrees with a statement in ‘‘767–FTD– number of flights occurring on an maintenance or inspection program to 28–12003 issued by Boeing’’ indicating airplane with a fuel shutoff valve include new airworthiness limitations. that the combination of the events actuator failed in the open position We are issuing this AD to detect and (engine fire and spar valve failures) is without the operator being aware of the correct latent failures of the fuel shutoff extremely improbable. ANA requested failure. Airworthiness limitations valve to the engine and APU, which clarification of the rationale for the containing required inspections are could result in the inability to shut off proposed intervals. ANA stated that it intended to limit the number of flights fuel to the engine and APU and, in case has operated more than 100 Model 767 following latent failure of the fuel of certain fires, an uncontrollable fire airplanes for approximately 30 years shutoff valve. Issuance of an AD is the that could lead to structural failure. and has never had such failure with the appropriate method to correct the MOVs. unsafe condition. We have not changed Record of Ex Parte Communication We infer that AA and ANA requested this final rule in this regard. In preparation of AD actions such as that the NPRM (79 FR 12420, March 5, NPRMs and immediately adopted rules, 2014) be withdrawn. Request To Revise Applicability of it is the practice of the FAA to obtain We disagree with the commenters’ Certain Requirements technical information and information request to withdraw the NPRM (79 FR Delta Airlines (DAL) and United on operational and economic impacts 12420, March 5, 2014). We have Airlines (UAL) requested that we revise from design approval holders and determined that an unsafe condition the proposed AD (79 FR 12420, March aircraft operators. We discussed certain exists that warrants an interim action 5, 2014) to limit the applicability comments addressed in this final rule in until the manufacturer finishes specified in figure 1, figure 2, and figure a teleconference with Airlines for developing a modification that will 3 to paragraph (g) of the proposed AD

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55514 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

to airplanes with fuel shutoff valve We partially agree with the while avoiding the need for regulatory actuators on which the identified unsafe commenter’s request. We have changed approval to remove the AWL from each condition exists. the initial compliance time to 10 days operator’s maintenance or inspection DAL stated that it would be feasible for accomplishing the actions specified program. In addition, Boeing stated the to implement configuration control to in figure 1, figure 2, and figure 3 to AWLs are permanent actions that affect ensure that part number (P/N) paragraph (g) of this AD. The operators’ planning and scheduling, and MA30A1001 is removed, and does not compliance time of 10 days is consistent that incorporating a temporary AWL get installed in the engine or APU fuel with regulatory actions for other into the operators’ maintenance shutoff valve positions in the future. affected models. We have determined documents or a Boeing maintenance DAL stated it would replace any P/N that the initial compliance time for the planning data (MPD) document will MA30A1001 actuators that are currently inspection represents an appropriate cause confusion among operators. in those locations with actuators of a time in which the required actions can We disagree with the commenter’s different acceptable part number, which be performed in a timely manner within request. During the development of the would, in turn, alleviate the unsafe the affected fleet, while still maintaining NPRM (79 FR 12420, March 5, 2014), we condition given in the NPRM (79 FR an adequate level of safety. discussed the impact of an AWL 12420, March 5, 2014). DAL stated that In developing an appropriate revision versus a repetitive inspection if an operator does not have P/N compliance time, we considered the requirement with Boeing, who, in turn, MA30A1001 installed on any engine or safety implications, parts availability, discussed it with a sample of operators. APU fuel shutoff valve positions, then and normal maintenance schedules for At that time, both Boeing and the that operator would not be required to timely accomplishment of the operators indicated that the addition of adhere to airworthiness limitations 28– operational checks. The operational an AWL was the preferred solution AWL–ENG, 28–AWL–MOV, or 28– check procedures and the access because it would reduce the record AWL–APU. procedures are simple and already keeping required to document AD UAL stated that the proposed AD (79 established. The check itself involves a compliance. Affected operators who FR 12420, March 5, 2014) does not visual inspection of an existing wish to use a repetitive inspection specify which part number of the MOV prominent design feature that is requirement in place of an AWL actuator is applicable to the proposed intended to indicate the position of the revision may apply for approval of an AD. UAL stated that proposed ADs were fuel shutoff valve actuator and is AMOC in accordance with the issued for Model 737NG, 757, 767, and described in existing maintenance provisions specified in paragraph (i)(1) 777 airplanes to replace the MOV documentation. The manufacturer does of this AD by submitting data actuator with P/N MA30A1001. UAL not expect a large number of latently substantiating that the request would also stated that there are issues with the failed valve actuators to be discovered. provide an acceptable level of safety. MOV actuator part number, and Existing parts stores are expected to be We have not changed this AD in this presumes that the proposed AD is for sufficient, and parts can be repositioned regard. MOV actuator P/N MA30A1001. in time to support the initial Request To Extend the Daily Inspection We agree with the commenters’ inspections. However, under the Requirement request. Only two fuel shutoff valve provisions of paragraph (i)(1) of this AD, actuator designs are susceptible to the we might consider requests for UAL asked whether there are any unsafe condition specified in this final adjustments to the compliance time if provisions established by the FAA to rule, and it would be unnecessarily data are submitted to substantiate that extend the daily inspection requirement burdensome to require the inspections such an adjustment would provide an if the reliability data are captured. UAL on airplanes that do not have any of the acceptable level of safety. stated that there is no valid justification susceptible valves installed. We have for this short time limit that creates a changed the Applicability column in Request To Change the Proposed burden on airline operations. figure 1, figure 2, and figure 3 to Requirement for the MOV Actuator We disagree with the commenter’s paragraph (g) of this AD to clarify that Inspection request. Our unsafe condition the limitations apply to Model 767 Boeing requested that the proposed determination is primarily driven by the airplanes having fuel shutoff valve requirement to ‘‘incorporate the MOV potential for a common-cause failure of actuator P/N MA20A2027 (S343T003– actuator inspection into the the valve and its position indication— 56) or P/N MA30A1001 (S343T003–66) Airworthiness Limitations (AWL) and not by a lack of reliability. We are installed at the engine or APU fuel Section of the Instructions for aware that this failure has happened in shutoff valve position, as appropriate. Continued Airworthiness of operator’s service, and we expect that tens of maintenance or inspection programs’’ be thousands of flights will occur with this Request To Change the Initial replaced with an AD requirement to valve failed in the open position Compliance Time for the Operational perform the MOV inspection per the without indicating the failure unless Check specific interval in paragraph (g) of the frequent inspections are made. AA requested that the compliance proposed AD (79 FR 12420, March 5, Fortunately, the effort required to check time for the initial accomplishment of 2014). Boeing stated that the MOV the valve operation is small for most the actions specified in figure 1, figure inspection in paragraph (g) of the airplanes. For Model 767–200 and –300 2, and figure 3 to paragraph (g) of the proposed AD is an interim mitigation series airplanes, we expect that most proposed AD (79 FR 12420, March 5, until a redesigned MOV can be installed airlines will have the flightcrew monitor 2014) be extended from 7 days to 60 in the spar valve locations. Boeing a light near the switch they are using to days. AA stated that more time is stated that including the interval shut down the engine. The total time needed for publishing the new criteria requirement as the required AD action needed should be less than a few and for distribution of cards and would allow installation of the seconds. In addition, new fuel shutoff manuals/checklists. AA stated that the redesigned MOV to be approved as an valve actuators are being developed that 7-day compliance time is not justified alternative method of compliance will allow removal of this requirement by the failure rates for this safety (AMOC) to the AD, and as a terminating once they are installed. Therefore, we concern. action for the repetitive inspections, have no plans to extend the interval

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55515

based on updated reliability data. We AA requested that the repetitive AA stated, Model 767–400ER series have not changed this AD in this regard. inspection interval be extended to ‘‘10 airplanes do not have the disagreement days or 100 flight hours/50 flight cycles, light, so the inspection is more complex. Request for Inspection Relief whichever occurs later.’’ AA requested As a result, regardless of how desirable UAL noted there is no provision in that we revise the proposed AD (79 FR a daily inspection would be, we the proposed AD (79 FR 12420, March 12420, March 5, 2014) to add the choice determined it is not practical to require 5, 2014) to allow a waiver of the daily of monitoring the disagreement light to that inspection on a daily basis on inspection requirements if an airplane is check the indication and physically Model 767–400ER series airplanes. We out of service for any reason or in a check the closure of the valve at ‘‘100 have not changed this AD in this regard. remote station where the daily flight hours/50 cycles whichever occurs As we discussed previously, the inspection cannot be accomplished. Air later’’ as an alternative maintenance reason for this final rule is not simply Do asked if the daily check must be task. AA stated that operators of Model a high valve failure rate in the open done once a day even if the airplane 767–400 series airplanes identified in position, but rather a design error that does not have a flight plan. We infer the the NPRM are allowed 10 days to allows a single failure within a fuel commenters are requesting that we inspect the spar valve actuator arm shutoff valve actuator to affect both the revise the proposed AD to allow when it is fully closed and commanded control of the valve and the indication exceptions to the daily check specified closed. AA stated that the 10 days of the valve’s position. Currently these in figure 1 to paragraph (g) of the equates closely to ‘‘100 flight hours/50 failures are only discovered during fuel proposed AD. cycles.’’ AA also stated that Model 767– filter changes, which occur every 6,000 AA requested that the proposed AD 200, –300, and –400 series airplanes flight hours. ANA’s proposal is to check (79 FR 12420, March 5, 2014) be have the same actuator valve and the system every 6,000 flight hours. A clarified to specify that daily checks indication, except that Model 767–400 dedicated inspection every 6,000 flight only apply when the airplane is in series airplanes do not have a hours would have little impact on the operational revenue service. AA also disagreement light. number of flights at risk. Indication and stated to restart the interval of 10 days ANA stated it has reviewed the NPRM control of the fuel shutoff valve are not or 100 flight hours/50 cycles, whichever (79 FR 12420, March 5, 2014), and is independent because of the design error occurs later, once an APU is returned to disappointed with the intervals of the in the affected valve actuators. For a service from the minimum equipment operational checks because the intervals failed fuel shutoff valve, the valve list. are daily for engine fuel spar valves on indication system erroneously reports We partially agree with the Boeing Model 767–200, –300, and that the valve is opening and closing. If commenters’ requests. We agree to limit –300F series airplanes, and 10 days for no action is taken, we anticipate a inspections to days when the airplane is APU fuel valves; the proposed intervals significant number of flights to occur in revenue service or when the APU is will definitely affect its operations. with a failed open fuel shutoff valve. in operational status because it would ANA stated that it does not have Model Without this AD, our risk assessment be unnecessarily burdensome to require 767–400 airplanes, but that the and the manufacturer’s risk assessment the inspections on airplanes that are not operational effect is the same. ANA predict that tens of thousands of such in operation. In figure 1, figure 2, and suggested a compliance time of ‘‘6,000 flights would occur in the fleet of Model figure 3 to paragraph (g) of this AD, we flight hours or 22 months whichever 767 airplanes. have added a note in the Interval comes first’’ for both engine spar valves In addition to this fuel shutoff valve column to clarify that the operational and APU fuel valves. design error, the affected valves have a check is not required on days when the DAL stated that Model 767–300 and higher-than-typical rate of failure in airplane is not used in revenue service. –400 series airplanes contain similar several failure modes. We have received For figure 1 to paragraph (g) of this AD, systems with respect to engine fuel several reports of valves failed open we also specify that the check of the shutoff. DAL stated that Model 767–300 (discovered only when fuel filters were engine fuel shutoff valve must be done and –400 series airplanes are also changed), valves failed closed before further flight once the airplane is equipped with the same part number for (preventing engine start), and valves returned to revenue service. In figure 2 the MOV actuator. DAL stated that, that spontaneously closed in flight and figure 3 to paragraph (g) of this AD, therefore, the failure modes between the (causing an engine shutdown). Boeing’s we have specified that the check or two airplane models should be long-term solution, a fuel shutoff valve inspection must be done before further identical. DAL stated that since the FAA actuator design change, is intended to flight if it has been 10 or more calendar considers a 10-day interval sufficient for address these issues in addition to days since last check or inspection. Model 767–400 series airplanes, and restoring the independence of the We disagree with restarting the 10-day also for the APU fuel shutoff actuator for actuator control and indication features. cycle once an APU is returned to service all Model 767 airplanes, it proposes to The APU, on the other hand, presents a because the APU fuel shutoff valve change the interval in figure 1 to much lower risk and is needed in flight check should not be extended because paragraph (g) of this proposed AD to 10 on a small number of flights. In the APU was out of service for a time. days. addition, normal APU starting For the APU, it is likely that this test We disagree with the commenters’ procedures include this check on every will be done as a matter of course requests. Increasing the check interval start, so it is likely that this check is whenever it is returned to service. from daily to every 10 days for the AWL already being done on a more frequent task specified in figure 1 to paragraph basis. We have not changed this AD in Request To Extend the Repetitive (g) of this AD would result in 10 times this regard. Interval as many flights at risk of an AA, ANA, DAL, and Japan Airlines uncontrollable engine fire; the daily Request To Justify the Proposed (JAL) requested that the repetitive check has been deemed practical Inspection Interval interval be extended for the actions because in practice it will mean the ANA requested that rationale be specified in figure 1, figure 2, and figure flightcrew will need to watch a light just provided to justify the proposed 3 to paragraph (g) of the proposed AD above the FUEL CONTROL switch as inspection interval, including the (79 FR 12420, March 5, 2014). they start or shut down the engine. As interval differences between the engine

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55516 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

and the APU, and the interval between on the left and right fuel shutoff valve Request To Clarify the Operational Model 767 and Model 777 airplanes. actuators to meet ETOPS maintenance Check Requirements We agree to provide the requested requirements. No additional guidance to Air Do stated that, if the flightcrew rationale. While the potential for the the POIs is necessary. performed the operational check, the problem is the same for Model 767 and maintenance record is usually not Model 777 airplanes, the ability to Request To Expand Inspection To created. The commenter questioned check the system functionality is Confirm Functionality whether this is acceptable, or whether different. Both types of airplanes the flightcrew should record it in the warrant a daily check, but we also DAL requested we expand the flight log. consider the practicality of an inspection at the spar for confirmation UAL requested clarification on inspection. On Model 767–200, –300, of functionality on Model 767–300 whether the flightcrew will not have to and –300F series airplanes, the series airplanes using the same method record compliance for one of the checks flightcrew will need to watch the of inspection and the same auxiliary and that documentation for each disagreement light located just above power unit position as those for the inspection on every airplane need not the FUEL CONTROL switch as they start Boeing Model 767–400 series airplanes. or shut down the engine. Model 777 DAL stated that a check of the actual be made if relying on flightcrew airplanes, like Model 767–400ER series valve position every 10 days would be compliance with the proposed AD. JAL requested that the FAA airplanes, do not have a disagreement a more effective inspection. DAL stated coordinate with Boeing to include an light so the inspection is more time that ‘‘FTD Article 767–FTD–28–12003’’ appropriate check procedure in the consuming. As a result, regardless of (Boeing Fleet Team Digest) states that, how desirable a daily inspection would Normal Procedure (NP) section of the ‘‘The indication showed the valve had flightcrew operating manual (FCOM). be for Model 777 airplanes, we closed when it had failed in the open determined it is not practical to require We find that clarification is necessary. position.’’ DAL stated that the flight This AD requires including the that inspection on a daily basis. deck indication may not accurately In regard to the APU, it is not run on information specified in figure 1, figure reflect functionality. every flight, so a properly functioning 2, and figure 3 of paragraph (g) of the fuel shutoff valve is not needed for We partially agree with the AD in the maintenance or inspection every flight. We decided to require the commenter’s request. We agree to add program; however, the actions specified check every 10 days rather than try to an inspection option for Model 767–300 in the figures in this AD are monitor APU usage. Also, it should be airplanes that is similar to the accomplished, and remain enforceable, noted that this check is part of a normal inspection for Model 767–400ER series as part of the Airworthiness Limitations APU start, so it will likely be done on airplanes. Therefore, for Model 767– of the Instructions for Continued every start; this AD requires that it be 200, –300, and –300F series airplanes, Airworthiness. Section 43.11(a) of the done at least every 10 days. We have not we have added item D. to figure 1 to Federal Aviation Regulations (14 CFR changed this AD in this regard. paragraph (g) of this AD to specify a 43.11(a)) requires maintenance record entries for maintenance actions such as fourth option to perform a daily Request To Provide Instructions for this inspection. If an operator elects to inspection to verify the fuel shutoff Compliance With the Extended have a flightcrew member do an valve is closing. However, we disagree Operations (ETOPS) Requirement inspection in accordance with the with extending the inspection interval UAL requested instructions for applicable airworthiness limitation, that compliance with the ETOPS to 10 days. As stated previously, same action would be considered an requirement that would meet the increasing the inspection interval from operational task—not maintenance— operational check requirements. UAL every day to every 10 days for the AWL and therefore 14 CFR 43.11(a) would not requested that we revise the NPRM (79 task specified in figure 1 to paragraph apply. Regarding JAL’s comment, an FR 12420, March 5, 2014) to clarify (g) of this AD would result in 10 times FCOM is a Boeing document that we whether standardized procedures will as many flights at risk of an neither approve nor control. We have be established for inspectors to make uncontrollable engine fire. not changed this AD with regard to approvals for all affected operators. UAL Request To Add a Requirement To these issues. stated that since the affected airplanes Provide Electrical Power Before the Request To Clarify the Requirements have ETOPS approval, the NPRM Operational Check for Certain Disagreement Lights should provide instructions for compliance with the ETOPS UAL requested that we revise the UAL requested that we clarify the requirements. UAL asked that the FAA proposed AD (79 FR 12420, March 5, requirements in figure 1 to paragraph (g) provide guidance to the principal 2014) to add a requirement to provide of the proposed AD (79 FR 12420, operations inspector (POI) on required electrical power before performing the March 5, 2014). UAL stated that items procedures that would meet the operational check required by figure 3 to C.6.a. and C.7.a. of figure 1 to paragraph operational check requirements. paragraph (g) of the proposed AD. UAL (g) of the proposed AD instruct to move We agree that clarification is needed. stated that electrical power is required the L and R FUEL CONTROL switches, We infer the commenter means that to perform the check, and other respectively, to the RUN position, but checks of the left and right engine fuel do not instruct to monitor the left and maintenance may be done that could shutoff valves are done by different right SPAR VALVE disagreement lights, deactivate required circuits. individuals due to ETOPS maintenance unlike item C.6.c. and item C.7.c. UAL requirements. Since none of the We agree with the commenter’s stated that it presumes it is not required required inspections include actions request because electrical power is to verify the left and right SPAR VALVE that could contribute to an engine required. In figure 1 and figure 3 to disagreement lights when the L and R shutdown, there is no common-cause paragraph (g) of this AD, we have added FUEL CONTROL switches are moved to engine shutdown potential and, a requirement to supply electrical power the RUN position. therefore, no need for different to the airplane using standard practices We agree to provide clarification. It is individuals to perform the inspections when performing the operational check. not required to verify the left and right

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55517

SPAR VALVE disagreement lights when 12420, March 5, 2014) to clarify that it Description column of figure 3 to the L and R FUEL CONTROL switches is not required to cycle the L and R paragraph (g) of this AD, we have added are moved to the RUN position during FUEL CONTROL switches, as specified wording specifying to wait that portion of the operational check. in Boeing Airplane Maintenance ‘‘approximately’’ 10 seconds once the We have not changed this AD in this Manual (AMM) 28–22–00, for the ALI FUEL CONTROL switch is in the RUN regard. task specified in figure 2 to paragraph position or the APU selector switch on Request for Clarification on Applying a (g) of the proposed AD. the overhead panel is in the ON We agree with the commenter’s Minimum Equipment List (MEL) position. request. We have added a note in figure Maintenance Action 2 to paragraph (g) of this AD stating that Conclusion First Air requested clarification of the it is not necessary to cycle the FUEL We reviewed the relevant data, proposed corrective action for an CONTROL switch to do the inspection. considered the comments received, and inoperative indication—specifically, determined that air safety and the whether operators could still apply an Request To Correct a Typographical Error public interest require adopting this AD MEL maintenance action and meet the with the changes described previously intent of the NPRM (79 FR 12420, UAL requested that a typographical and minor editorial changes. We have March 5, 2014). First Air stated that the error be corrected in the NPRM (79 FR determined that these minor changes: operational checks in figure 1 to 12420, March 5, 2014). UAL stated that • Are consistent with the intent that paragraph (g) of the proposed AD for figure 1 to paragraph (g) of the NPRM was proposed in the NPRM (79 FR engine spar valves are predicated on the states, ‘‘Item C.4 instructs to make sure 12420, March 5, 2014) for correcting the SPAR VALVE light being operative. Land R ENG START selector switches unsafe condition; and First Air stated that MEL 28–40–02 on the overhead panel are in the OFF • Do not add any additional burden provides relief should the indication be position.’’ UAL stated that this is a upon the public than was already inoperative. typographical error and the selector proposed in the NPRM (79 FR 12420, We agree that clarification is needed. switches should be L and R ENG START March 5, 2014). We disagree with providing MEL relief selector switches. for an inoperative fuel shutoff valve We agree and have corrected the We also determined that these indication because MEL relief could typographical error in figure 1 to changes will not increase the economic potentially allow the valve to be paragraph (g) of this AD accordingly. burden on any operator or increase the inoperative for up to 10 days of revenue Paragraph C.4. of figure 1 to paragraph scope of this AD. operation. However, we do agree to (g) of this AD, as it appeared in the Interim Action provide flexibility regarding verification NPRM (79 FR 12420, March 5, 2014), that the fuel shutoff valve actuator is has been re-designated as paragraph C.5. We consider this AD interim action. operational. We have added item D. to of figure 1 to paragraph (g) of this AD. The manufacturer is currently figure 1 to paragraph (g) of this AD to developing a modification that will Additional Changes Made to This AD specify a fourth option to perform a address the unsafe condition identified daily inspection to verify the fuel In the Description column of figure 2 in this AD. Once this modification is shutoff valve is closing, which can be to paragraph (g) of this AD, we have developed, approved, and available, we used when the fuel shutoff valve removed the phrase ‘‘refer to Boeing may consider additional rulemaking. indication does not function properly. AMM 28–22–00’’ with regard to Costs of Compliance performing an inspection of the fuel Request for Clarification Regarding the spar valve MOV actuator position. We estimate that this AD affects 450 FUEL CONTROL Switch In paragraph C.7.a. in the Description airplanes of U.S. registry. UAL requested that a statement be column of figure 1 to paragraph (g) of We estimate the following costs to included in the proposed AD (79 FR this AD, and in paragraph A.5. in the comply with this AD:

ESTIMATED COSTS

Cost per Cost on U.S. Action Labor cost Parts cost product operators

Incorporating Airworthiness Limitation ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $38,250

Authority for This Rulemaking air commerce by prescribing regulations the relationship between the national Title 49 of the United States Code for practices, methods, and procedures government and the States, or on the specifies the FAA’s authority to issue the Administrator finds necessary for distribution of power and rules on aviation safety. Subtitle I, safety in air commerce. This regulation responsibilities among the various section 106, describes the authority of is within the scope of that authority levels of government. the FAA Administrator. Subtitle VII: because it addresses an unsafe condition For the reasons discussed above, I Aviation Programs, describes in more that is likely to exist or develop on certify that this AD: detail the scope of the Agency’s products identified in this rulemaking action. (1) Is not a ‘‘significant regulatory authority. action’’ under Executive Order 12866, We are issuing this rulemaking under Regulatory Findings the authority described in Subtitle VII, (2) Is not a ‘‘significant rule’’ under Part A, Subpart III, Section 44701: This AD will not have federalism DOT Regulatory Policies and Procedures ‘‘General requirements.’’ Under that implications under Executive Order (44 FR 11034, February 26, 1979), section, Congress charges the FAA with 13132. This AD will not have a (3) Will not affect intrastate aviation promoting safe flight of civil aircraft in substantial direct effect on the States, on in Alaska, and

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55518 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

(4) Will not have a significant § 39.13 [Amended] this AD to detect and correct latent failures of the fuel shutoff valve to the engine and economic impact, positive or negative, ■ 2. The FAA amends § 39.13 by adding on a substantial number of small entities auxiliary power unit (APU), which could the following new airworthiness result in the inability to shut off fuel to the under the criteria of the Regulatory directive (AD): engine and APU and, in case of certain fires, Flexibility Act. 2015–19–02 The Boeing Company: an uncontrollable fire that could lead to List of Subjects in 14 CFR Part 39 Amendment 39–18265; Docket No. structural failure. FAA–2014–0127; Directorate Identifier (f) Compliance Air transportation, Aircraft, Aviation 2013–NM–237–AD. Comply with this AD within the safety, Incorporation by reference, (a) Effective Date compliance times specified, unless already Safety. This AD is effective October 21, 2015. done. Adoption of the Amendment (b) Affected ADs (g) Revision of Maintenance or Inspection Program None. Accordingly, under the authority Within 30 days after the effective date of delegated to me by the Administrator, (c) Applicability this AD, revise the maintenance or inspection the FAA amends 14 CFR part 39 as This AD applies to all The Boeing program, as applicable, to add airworthiness follows: Company Model 767–200, –300, –300F, and limitation numbers 28–AWL–ENG, 28–AWL– –400ER series airplanes, certificated in any MOV, and 28–AWL–APU, by incorporating PART 39—AIRWORTHINESS category. the information specified in Figure 1, Figure DIRECTIVES 2, and Figure 3 to paragraph (g) of this AD (d) Subject into the Airworthiness Limitations Section of the Instructions for Continued Airworthiness. ■ Joint Aircraft System Component (JASC) 1. The authority citation for part 39 Code 28, Fuel. The initial compliance time for continues to read as follows: accomplishing the actions specified in Figure (e) Unsafe Condition Authority: 49 U.S.C. 106(g), 40113, 44701. 1, Figure 2, and Figure 3 to paragraph (g) of This AD was prompted by reports of this AD is within 10 days after accomplishing latently failed fuel shutoff valves discovered the maintenance or inspection program during fuel filter replacement. We are issuing revision required by this paragraph.

FIGURE 1 TO PARAGRAPH (g) OF THIS AD—ENGINE FUEL SHUTOFF VALVE (FUEL SPAR VALVE) POSITION INDICATION OPERATIONAL CHECK

AWL No. Task Interval Applicability Description

28–AWL–ENG ...... ALI DAILY ...... 767–200, –300, and –300F Engine Fuel Shutoff Valve (Fuel Spar Valve) Position INTERVAL NOTE: The airplanes. Indication Operational Check. operational check is not APPLICABILITY NOTE: Concern: The fuel spar valve actuator design can re- required on days when Applies to airplanes with sult in airplanes operating with a failed fuel spar the airplane is not used an actuator installed at valve actuator that is not reported. A latently failed in revenue service. the engine fuel spar fuel spar valve actuator could prevent fuel shutoff to The check must be done valve position having an engine. In the event of certain engine fires, the before further flight once part number (P/N) potential exists for an engine fire to be uncontrol- the airplane is returned MA20A2027 lable. to revenue service. (S343T003–56) or P/N Perform one of the following checks/inspection of the MA30A1001 fuel spar valve position (unless checked by the (S343T003–66). flightcrew in a manner approved by the principal op- erations inspector): A. Operational Check during engine shutdown. 1. Do an operational check of the left engine fuel spar valve actuator. a. As the L FUEL CONTROL switch on the quadrant control stand is moved to the CUTOFF position, verify the left SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. b. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing airplane maintenance manual (AMM) 28–22–11). 2. Do an operational check of the right engine fuel spar valve actuator. a. As the R FUEL CONTROL switch on the quadrant control stand is moved to the CUTOFF position, verify the right SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. b. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing AMM 28–22–11). B. Operational check during engine start. 1. Do an operational check of the left engine fuel spar valve actuator.

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55519

FIGURE 1 TO PARAGRAPH (g) OF THIS AD—ENGINE FUEL SHUTOFF VALVE (FUEL SPAR VALVE) POSITION INDICATION OPERATIONAL CHECK—Continued

AWL No. Task Interval Applicability Description

a. As the L FUEL CONTROL switch on the quadrant control stand is moved to the RUN (or RICH) posi- tion, verify the left SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. b. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing AMM 28–22–11). 2. Do an operational check of the right engine fuel spar valve actuator. a. As the R FUEL CONTROL switch on the quadrant control stand is moved to the RUN (or RICH) posi- tion, verify the right SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. b. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing AMM 28–22–11). C. Operational check without engine operation. 1. Supply electrical power to the airplane using stand- ard practices. 2. Make sure all fuel pump switches on the Overhead Panel are in the OFF position. 3. If the auxiliary power unit (APU) is running, open and collar the L FWD FUEL BOOST PUMP (C00372) circuit breaker on the Main Power Dis- tribution Panel. 4. Make sure LEFT and RIGHT ENG FIRE switches on the Aft Aisle Stand are in the NORMAL (IN) posi- tion. 5. Make sure L and R ENG START Selector Switches on the Overhead Panel, are in the OFF position. 6. Do an operational check of the left engine fuel spar valve actuator. a. Move L FUEL CONTROL switch on the quadrant control stand to the RUN position and wait approxi- mately 10 seconds. NOTE: It is normal under this test condition for the ENG VALVE disagreement light on the quadrant control stand to stay illuminated. b. Move L FUEL CONTROL switch on the quadrant control stand to the CUTOFF position. c. Verify the left SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. d. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing AMM 28–22–11). 7. Do an operational check of the right engine fuel spar valve actuator. a. Move R FUEL CONTROL switch on the quadrant control stand to the RUN position and wait approxi- mately 10 seconds once the FUEL CONTROL switch is in the RUN position or the APU selector switch on the overhead panel is in the ON position. NOTE: It is normal under this test condition for the ENG VALVE disagreement light on the quadrant control stand to stay illuminated. b. Move R FUEL CONTROL switch on the quadrant control stand to the CUTOFF position. c. Verify the right SPAR VALVE disagreement light on the quadrant control stand illuminates and then goes off. d. If the test fails (light fails to illuminate), before fur- ther flight, repair faults as required (refer to Boeing AMM 28–22–11). 8. If the L FWD FUEL BOOST PUMP circuit breaker was collared in step 3, remove collar and close. D. Perform an inspection of the fuel spar valve actu- ator position.

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55520 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

FIGURE 1 TO PARAGRAPH (g) OF THIS AD—ENGINE FUEL SHUTOFF VALVE (FUEL SPAR VALVE) POSITION INDICATION OPERATIONAL CHECK—Continued

AWL No. Task Interval Applicability Description

NOTE: This inspection may be most useful whenever the SPAR VALVE light does not function properly. 1. Make sure the L FUEL CONTROL switch on the quadrant control stand is in the CUTOFF position. NOTE: It is not necessary to cycle the FUEL CON- TROL switch to do this inspection. 2. Inspect the left engine fuel spar valve actuator lo- cated in the left rear spar. NOTE: The Fuel Spar Valve actuators are located be- hind main gear doors on the rear spar. a. Verify the manual override handle on the engine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any fuel spar valve actuator that is not in the CLOSED position (refer to Boeing AMM 28–22–11). 3. Make sure the R FUEL CONTROL switch on the quadrant control stand is in the CUTOFF position. NOTE: It is not necessary to cycle the FUEL CON- TROL switch to do this inspection. 4. Inspect the right engine fuel spar valve actuator lo- cated in the right rear spar. NOTE: The Fuel Spar Valve actuators are located be- hind main gear doors on the rear spar. a. Verify the manual override handle on the engine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any fuel spar valve actuator that is not in the CLOSED position (refer to Boeing AMM 28–22–11).

FIGURE 2 TO PARAGRAPH (g) OF THIS AD—ENGINE FUEL SHUTOFF VALVE (FUEL SPAR VALVE) ACTUATOR INSPECTION

AWL No. Task Interval Applicability Description

28–AWL–MOV ...... ALI 10 DAYS...... 767–400ER series air- Engine Fuel Shutoff Valve (Fuel Spar Valve) Actuator INTERVAL NOTE: The in- planes. Inspection spection is not required APPLICABILITY NOTE: Concern: The fuel spar valve actuator design can re- on days when the air- Applies to airplanes with sult in airplanes operating with a failed fuel spar plane is not used in rev- an actuator installed at valve actuator that is not reported. A latently failed enue service. The in- the engine fuel spar fuel spar valve actuator would prevent fuel shutoff to spection must be done valve position having an engine. In the event of certain engine fires, the before further flight if it part number (P/N) potential exists for an engine fire to be uncontrol- has been 10 or more MA20A2027 lable. calendar days since last (S343T003–56) or P/N Perform an inspection of the fuel spar valve actuator inspection. MA30A1001 position. (S343T003–66). NOTE: The fuel spar valve actuators are located be- hind main gear doors on the rear spar. 1. Make sure the L FUEL CONTROL switch on the quadrant control stand is in the CUTOFF position. NOTE: It is not necessary to cycle the FUEL CON- TROL switch to do this inspection. 2. Inspect the left engine fuel spar valve actuator lo- cated in the left rear spar. a. Verify the manual override handle on the engine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any fuel spar valve actuator that is not in the CLOSED position (refer to Boeing AMM 28–22–11). 3. Make sure the R FUEL CONTROL switch on the quadrant control stand is in the CUTOFF position. NOTE: It is not necessary to cycle the FUEL CON- TROL switch to do this inspection. 4. Inspect the right engine fuel spar valve actuator lo- cated in the right rear spar. a. Verify the manual override handle on the engine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any fuel spar valve actuator that is not in the CLOSED position (refer to Boeing AMM 28–22–11).

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55521

FIGURE 3 TO PARAGRAPH (g) OF THIS AD—AUXILIARY POWER UNIT (APU) FUEL SHUTOFF VALVE POSITION INDICATION OPERATIONAL CHECK

AWL No. Task Interval Applicability Description

28–AWL–APU ...... ALI 10 DAYS...... ALL ...... APU Fuel Shutoff Valve Position Indication Oper- INTERVAL NOTE: The APPLICABILITY NOTE: ational Check operational check is not Applies to airplanes with Concern: The APU fuel shutoff valve actuator design required on days when an actuator installed at can result in airplanes operating with a failed APU the airplane is not used the APU fuel shutoff fuel shutoff valve actuator that is not reported. A la- in revenue service. The valve position having tently failed APU fuel shutoff valve actuator could operational check must part number (P/N) prevent fuel shutoff to the APU. In the event of cer- be done before further MA20A2027 tain APU fires, the potential exists for an APU fire to flight with an operational (S343T003–56) or be uncontrollable. APU if it has been 10 or MA30A1001 Perform the operational check of the APU fuel shutoff more calendar days (S343T003–66). valve position indication (unless checked by the since last check. flightcrew in a manner approved by the principal op- erations inspector). A. Do an operational check of the APU fuel shutoff valve position indication. 1. If the APU is running, unload and shut down the APU using standard practices. 2. Supply electrical power to the airplane using stand- ard practices. 3. Make sure the APU FIRE switch on the Aft Aisle Stand is in the NORMAL (IN) position. 4. Make sure there is at least 1,000 lbs (500 kgs) of fuel in the Left Main Tank. 5. Move APU Selector switch on the Overhead Panel to the ON position and wait approximately 10 sec- onds once the FUEL CONTROL switch is in the RUN position or the APU selector switch on the overhead panel is in the ON position. 6. Move the APU Selector switch on the Overhead Panel to the OFF position. 7. Verify the APU FAULT light on the Overhead Panel illuminates and then goes off. 8. If the test fails (light fails to illuminate), before fur- ther flight requiring APU availability, repair faults as required (refer to Boeing AMM 28–25–02). NOTE: Dispatch may be permitted per MMEL 28–25– 02 if APU is not required for flight.

(h) No Alternative Actions or Intervals (j) Related Information DEPARTMENT OF TRANSPORTATION After accomplishment of the maintenance For more information about this AD, or inspection program revision required by contact Rebel Nichols, Aerospace Engineer, Federal Aviation Administration paragraph (g) of this AD, no alternative Propulsion Branch, ANM–140S, FAA, Seattle actions (e.g., inspections) or intervals may be Aircraft Certification Office, 1601 Lind 14 CFR Part 39 used unless the actions or intervals are approved as an alternative method of Avenue SW., Renton, WA 98057–3356; [Docket No. FAA–2013–1071; Directorate compliance (AMOC) in accordance with the phone: 425–917–6509; fax: 425–917–6590; Identifier 2013–NM–204–AD; Amendment procedures specified in paragraph (i)(1) of email: [email protected]. 39–18264; AD 2015–19–01] this AD. (k) Material Incorporated by Reference RIN 2120–AA64 (i) Alternative Methods of Compliance None. (AMOCs) Airworthiness Directives; The Boeing (1) The Manager, Seattle Aircraft Issued in Renton, Washington, on Company Airplanes Certification Office (ACO) FAA, has the September 7, 2015. AGENCY: Federal Aviation authority to approve AMOCs for this AD, if Jeffrey E. Duven, Administration (FAA), DOT. requested using the procedures found in 14 Manager, Transport Airplane Directorate, ACTION: Final rule. CFR 39.19. In accordance with 14 CFR 39.19, Aircraft Certification Service. send your request to your principal inspector or local Flight Standards District Office, as [FR Doc. 2015–23119 Filed 9–15–15; 8:45 am] SUMMARY: We are adopting a new appropriate. If sending information directly BILLING CODE 4910–13–P airworthiness directive (AD) for certain to the manager of the ACO, send it to the The Boeing Company Model 777 attention of the person identified in airplanes. This AD was prompted by paragraph (j) of this AD. Information may be reports of latently failed fuel shutoff emailed to: 9-ANM-Seattle-ACO-AMOC- valves discovered during fuel filter [email protected]. replacement. This AD requires revising (2) Before using any approved AMOC, notify your appropriate principal inspector, the maintenance or inspection program or lacking a principal inspector, the manager to include a new airworthiness of the local flight standards district office/ limitation. We are issuing this AD to certificate holding district office. detect and correct latent failures of the

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55522 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

fuel shutoff valve to the engine, which a teleconference with Airlines for crew procedures for such an event could result in the inability to shut off America (A4A) and other members of would not stop the fuel flow to the fuel to the engine and, in case of certain the aviation industry. All of the engine strut and nacelle. The continued engine fires, an uncontrollable fire that comments discussed during this flow of fuel could cause an uncontrolled could lead to wing failure. teleconference that are relevant to this fire or lead to a fuel exhaustion event. DATES: This AD is effective October 21, final rule are addressed in this final rule The FAA regulations require all 2015. in response to comments submitted by transport airplanes to be fail safe with other commenters. A discussion of this respect to engine fire events, and the Examining the AD Docket contact can be found in the rulemaking risk due to severe engine damage events You may examine the AD docket on docket at http://www.regulations.gov by be minimized. Therefore, we require, for the Internet at http:// searching for and locating Docket No. each flight, sufficiently operative fire www.regulations.gov by searching for FAA–2013–1071. safety systems so that fires can be and locating Docket No. FAA–2013– Clarification of Certain Terminology detected and contained, and fuel to the 1071; or in person at the Docket engine strut and nacelle can be shut off Management Facility between 9 a.m. Throughout the preamble of this final in the event of an engine fire or severe and 5 p.m., Monday through Friday, rule, commenters may have used the damage. terms ‘‘fuel shutoff valve’’ and ‘‘fuel except Federal holidays. The AD docket The FAA airworthiness standards spar valve’’ interchangeably. Both terms contains this AD, the regulatory require remotely controlled powerplant refer to the same part. In our responses evaluation, any comments received, and valves to provide indications that the to comments, we have used the term other information. The address for the valves are in the commanded position. ‘‘fuel shutoff valve.’’ The term ‘‘fuel spar Docket Office (phone: 800–647–5527) is These indications allow the prompt valve’’ is more commonly used in Docket Management Facility, U.S. detection and correction of valve airplane maintenance documentation Department of Transportation, Docket failures. We do not allow dispatch with and, therefore, we have used that term Operations, M–30, West Building a known inoperative fuel shutoff valve. in figure 1 to paragraph (g) of this AD. Ground Floor, Room W12–140, 1200 Therefore, we are proceeding with the New Jersey Avenue SE., Washington, Comments final rule—not because of the higher- DC 20590. We gave the public the opportunity to than-typical failure rate of the particular FOR FURTHER INFORMATION CONTACT: participate in developing this AD. The valve actuator involved, but instead Rebel Nichols, Aerospace Engineer, following presents the comments because the fuel shutoff valve actuator Propulsion Branch, ANM–140S, FAA, received on the NPRM (79 FR 1772, can fail in a manner that also defeats the Seattle Aircraft Certification Office, January 10, 2014) and the FAA’s required valve position indication 1601 Lind Avenue SW., Renton, WA response to each comment. feature. That failure can lead to a large 98057–3356; phone: 425–917–6509; fax: number of flights occurring on an 425–917–6590; email: rebel.nichols@ Request To Withdraw the NPRM (79 FR airplane with a fuel shutoff valve faa.gov. 1772, January 10, 2014) actuator failed in the open position SUPPLEMENTARY INFORMATION: American Airlines (AA) stated that without the operator being aware of the Boeing’s internal review found that the failure. An airworthiness limitation Discussion issue addressed by the NPRM (79 FR containing required inspections is We issued a notice of proposed 1772, January 10, 2014) is not a safety intended to limit the number of flights rulemaking (NPRM) to amend 14 CFR concern, and that Boeing has not following latent failure of the fuel part 39 by adding an AD that would recommended any interim action on shutoff valve. Issuance of an AD is the apply to all The Boeing Company Model this issue. In addition, AA stated that appropriate method to correct the 777 airplanes. The NPRM published in Boeing is addressing the issue in the unsafe condition. We have not changed the Federal Register on January 10, long term with a design change to the this AD in this regard. 2014 (79 FR 1772). The NPRM was motor-operated valve (MOV) actuator. Request To Provide Further prompted by reports of latently failed We infer AA is requesting that the Clarification of the Purpose of the fuel shutoff valves discovered during NPRM be withdrawn. NPRM (79 FR 1772, January 10, 2014) fuel filter replacement. The NPRM We disagree with the commenter’s proposed to require revising the request to withdraw the NPRM (79 FR The European Aviation Safety Agency maintenance or inspection program to 1772, January 10, 2014). We have (EASA), which is the Technical Agent include a new airworthiness limitation. determined that an unsafe condition for the Member States of the European We are issuing this AD to detect and exists that warrants an interim action Union, requested that we revise the correct latent failures of the fuel shutoff until the manufacturer finishes NPRM (79 FR 1772, January 10, 2014) to valve to the engine, which could result developing a modification that will add more details on the frequency of in the inability to shut off fuel to the address the identified unsafe condition. valve failure findings, and the engine and, in case of certain engine Boeing did not formally comment on associated root cause driving the fires, an uncontrollable fire that could whether it considers this issue to be an proposed weekly inspection interval lead to wing failure. unsafe condition. We have determined versus the existing maintenance that, without the required interim planning data (MPD) document check Record of Ex Parte Communication actions, a significant number of flights interval of 18,000 flight hours. In preparation of AD actions such as with a fuel shutoff valve actuator that is We agree with EASA’s request to NPRMs and immediately adopted rules, failed latently in the open valve position provide further clarification. As we it is the practice of the FAA to obtain will occur during the affected fleet life. mentioned in a previous comment technical information and information With a failed fuel shutoff valve, if response, the reason for this final rule on operational and economic impacts certain engine fire conditions were to is not simply a high fuel shutoff valve from design approval holders and occur, or if extreme engine damage were failure rate, but is rather a design error aircraft operators. We discussed certain to occur, or if an engine separation that allows a single failure within a fuel comments addressed in this final rule in event were to occur during flight, the shutoff valve to affect both the control

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55523

of the valve and the indication of the failed valve actuators to be discovered. valve every 10 days. However, these valve’s position. Existing parts stores are expected to be repetitive inspections, which are The 18,000-hour check in the MPD sufficient, and parts can be repositioned expected to take less than an hour to document was recommended based on in time to support the initial complete, are required by section the assumption that the indication of inspections. A functioning fuel shutoff 91.403(c) of the Federal Aviation the fuel shutoff valve position would valve is required at dispatch. This Regulations (14 CFR 91.403(c)) once not be affected by failures that affect the position is consistent with the original incorporated into the maintenance or control of the valve. With the intended determination in developing the master inspection program. design, there was not a potential for a minimum equipment list (MMEL) that The cost analysis in AD rulemaking significant number of flights to occur dispatch relief is not allowed for fire- actions typically includes only the costs with a fuel shutoff valve failed open safety-related flammable fluid shutoff associated with complying with an AD. (even if the valve was never checked), valves (other than in a locked, closed In this AD, the required action is the because the indication system was to position for non-required equipment). maintenance or inspection program provide real-time indication of the However, under the provisions of revision, as applicable, to include the valve’s response to commands. paragraph (i)(1) of this AD, we might new airworthiness limitation, and With the design error that exists in the consider requests for an adjustment to accomplishing repetitive actions that are affected fuel shutoff valve actuators, the compliance time if data are specified in the airworthiness limitation indication and control of the valve are submitted to substantiate that such an are not directly required by this AD. The not independent, and if no action is adjustment would provide an acceptable FAA, as a matter of practice, does not taken, we anticipate a significant level of safety. In regard to providing include a cost estimate for these number of flights to occur with a fuel warranty coverage, we cannot comment repetitive actions in an AD because shutoff valve failed open. Without the on Boeing’s behalf on this issue. We these actions are required as part of the issuance of this final rule, our risk have not changed the final rule in this operating rules. Therefore, we have assessment and the manufacturer’s risk regard. made no change to this final rule in this assessment predict that thousands of regard. flights of Model 777 airplanes would be Request for Clarification of Other Requests To Limit the Applicability conducted with latent fuel shutoff valve Affected Airplane Models failures. EASA requested clarification on Air France, AA, Boeing, and KLM In addition to the design error whether similar designs on other Royal Dutch Airlines (KLM) requested described previously, the affected fuel airplanes could exist. EASA stated that that the proposed applicability be shutoff valves have a higher-than- this would be the basis for a design changed to include only Model 777 typical rate of failure in several failure review of parts of similar design. airplanes having line numbers 1 through modes. We have received several reports We agree to provide clarification for 1164 inclusive. of valves failed open (discovered only the commenter. This AD is applicable to Air France and KLM stated that when fuel filters were changed), of certain Model 777 series airplanes only. Boeing Fleet Team Digest 777–FTD–28– valves failed closed (preventing engine Similar AD action is planned for Model 12002, dated January 10, 2014, start), and of valves that spontaneously 737NG, 757, 767, and 787 series indicated that airplanes delivered closed in flight (causing an engine airplanes. At this time, our December 2013 or later incorporate shutdown). Boeing’s long-term solution understanding is that no other AIMS–2 BlockPoint (BP) v 17, which to provide a redesigned MOV actuator is manufacturer’s airplanes are affected by has a new function that avoids latently intended to address these issues in this specific design problem. We have failed fuel shutoff valves. addition to restoring the independence not changed the final rule in this regard. Boeing stated that, beginning with of the actuator control and indication line number 1165, all new production Request To Add Estimated Costs for the airplanes will be delivered with AIMS– features. We have not changed this final Proposed Repetitive Inspections rule in this regard. 2 BP v 17 or later software. Boeing also AA requested that we revise the stated that starting with AIMS–2 BP v Request To Postpone the NPRM (79 FR NPRM (79 FR 1772, January 10, 2014) to 17, all AIMS–2 software versions will 1772, January 10, 2014) include the estimated costs for the include changes to ensure that the Singapore Airlines (SIA) requested repetitive inspections of the MOV correct fuel shutoff valve position is that the FAA consider delaying the actuator of the fuel shutoff valve. AA displayed in the flight deck, and that the release of the final rule until after the stated that the cost included in the software will monitor both the valve Boeing service information is issued and NPRM does not account for the cost of transition and the end state to ensure sufficient model kits are made available. the ongoing inspections. AA stated that the correct position indication. SIA also requested that Boeing provide the NPRM reflects only the first Boeing also requested that the warranty coverage for the post-modified inspection. AA also stated that the proposed applicability be limited to part replacement and warranty coverage annual cost of compliance will be 52 Model 777 airplanes with part number for the man-hours incurred. times greater, or $839,800, if the (P/N) MA20A2027 (S343T003–56) or P/ We disagree with the commenter’s inspection is accomplished weekly. AA N MA30A1001 (S343T003–66) actuators request to postpone releasing the final stated that these costs should be installed at the ‘‘engine fuel spar valve rule. Because this unsafe condition included for operator planning locations.’’ Boeing stated that the failure could exist or develop on Model 777 purposes. mode exists only in actuators having airplanes, an airworthiness limitation We acknowledge the commenter’s these part numbers. Boeing stated that containing repetitive inspections as an concern. In this AD, the required action actuators having P/N MA20A1001–1 interim action is necessary to ensure the is to revise the maintenance or (S343T003–39) might be installed in the safety of the fleet. Issuance of an AD is inspection program, as applicable, to ‘‘fuel spar valve location,’’ and that the appropriate method to correct the include a new airworthiness limitation. actuators having P/N MA20A1001–1 unsafe condition. The added airworthiness limitation (S343T003–39) are not susceptible to In addition, the manufacturer does requires an inspection of the position of the latent failure addressed by the not expect a large number of latently the MOV actuator of the fuel shutoff NPRM (79 FR 1772, January 10, 2014),

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55524 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

and would not benefit from an interval Request To Replace the AWL Revision inventory of actuators at maintenance inspection. Requirement With MOV Actuator stations may be insufficient to replace We agree that the applicability of this Inspections Requirement any failed valves discovered through the AD should be limited. We have changed Boeing requested that the proposed inspections, resulting in grounded paragraph (c) of this AD to include only requirement to incorporate the MOV airplanes, and that ordering new valves Model 777 airplanes having line actuator inspection into the AWL from the vendor generally takes at least numbers 1 through 1164 inclusive. In Section of the Instructions for 30 days. We partially agree with the addition, in figure 1 to paragraph (g) of Continued Airworthiness of the commenter’s request. We retained the this AD, we have changed the operator’s maintenance or inspection 30-day compliance time for revising the Applicability column for Airworthiness program be replaced with an AD maintenance or inspection program, as Limitation (AWL) 28–AWL–MOV to requirement to ‘‘perform the MOV applicable, to include the new AWL. In clarify that the limitation applies to inspection every 10 days.’’ Boeing stated addition, we have changed the initial airplanes with the AIMS–1 system that the MOV inspection is an interim compliance time for accomplishing the having an actuator with P/N mitigation and is required only until a actions specified in figure 1 to MA20A2027 (S343T003–56) or P/N redesigned MOV can be installed in the paragraph (g) of this AD to 10 days. The MA30A1001 (S343T003–66) installed at spar valve locations. Boeing stated that compliance time of 10 days is consistent the engine fuel spar valve position; and including the 10-day test requirement as with other regulatory actions on other airplanes with AIMS–2 BP v 16 and the required AD action would allow affected airplane models. earlier software having an actuator with installation of the redesigned MOV to be We have determined that the initial P/N MA20A2027 (S343T003–56) or P/N approved as an alternative method of compliance time for the inspection MA30A1001 (S343T003–66) installed at compliance (AMOC) to the AD, and as represents an appropriate time in which the engine fuel spar valve position. a terminating action for the repetitive the required actions can be performed in inspections, while avoiding the need for Request for Clarification of the a timely manner within the affected regulatory approval to remove the AWL Proposed Terminating Action fleet, while still maintaining an from each operator’s maintenance or adequate level of safety. In developing AA requested clarification of the inspection program. In addition, Boeing an appropriate compliance time, we proposed terminating action. AA stated stated the AWLs are permanent actions considered the safety implications, parts the NPRM (79 FR 1772, January 10, that affect operators’ planning and availability, and normal maintenance 2014) is an interim action, and no scheduling, and that incorporating a schedules for timely accomplishment of information is provided regarding the temporary AWL into the operators’ the checks. terminating action. AA stated that, if maintenance documents or a Boeing The check itself involves a visual issued, the final rule should contain MPD document will cause confusion inspection of an existing prominent sufficient documentation to clearly among operators. design feature that is intended to establish the effectivity of Model 777 We disagree with the commenter’s indicate the position of the fuel shutoff airplanes subject to the rule, and to request. During the development of the valve actuator. This check is also terminate the inspection program on the NPRM (79 FR 1772, January 10, 2014), described in existing maintenance subject airplanes. AA stated that Boeing we discussed the impact of an AWL documentation. The manufacturer does Fleet Team Digest 777–FTD–28–12002, revision versus a repetitive inspection not expect a large number of latently dated January 10, 2014, among others, requirement with Boeing, who, in turn, failed valve actuators to be discovered. addresses the corrective action plan that discussed it with a sample of operators. Existing parts stores are expected to be is in progress. At that time, both Boeing and the sufficient, and we expect that parts can operators indicated that the addition of We agree to provide clarification be repositioned in time to support the an AWL revision was the preferred initial inspections. However, under the regarding the modification referenced in solution because it would reduce the the NPRM (79 FR 1772, January 10, provisions of paragraph (i) of this AD, record keeping required to document we might consider requests for 2014). Since the issuance of the NPRM, AD compliance. Affected operators who the manufacturer has developed a adjustments to the compliance time if wish to use a repetitive inspection data are submitted to substantiate that modification that addresses the unsafe requirement in place of an AWL may condition identified in this final rule. such an adjustment would provide an apply for approval of an AMOC in acceptable level of safety. However, the service information is not accordance with the provisions available at this time. Since we have specified in paragraph (i)(1) of this AD, Requests To Extend the Interval for the limited the applicability of this AD to by submitting data substantiating that MOV Actuator Inspection exclude all new production airplanes the request would provide an acceptable Aerologic GmbH, Air France, All that are delivered with AIMS–2 BP v 17 level of safety. We have not changed Nippon Airways (ANA), AA, Boeing, or later software, as explained this AD in this regard. FedEx, Japan Airlines Company Ltd. previously, we find that no further (JAL), KLM Royal Dutch Airlines (KLM), change to this AD is necessary in this Request To Extend the Proposed Lufthansa Technik AG (LTK), and regard. Compliance Time Grace Period Lufthansa Cargo AG (LUB) requested For the affected airplanes, there will AA requested that we extend the that we change the interval for the MOV likely be two possible terminating grace period for performing the initial actuator inspection of the engine fuel options—one to replace the fuel shutoff inspection required by the new AWLs. shutoff valve. valve actuator, and another to upgrade AA stated that it is a complicated Aerologic GmbH, Air France, airplanes with AIMS–2 systems to BP v logistical matter to establish a new line Lufthansa LTK, Lufthansa LUB, and 17 to address the unsafe condition. maintenance task at stations throughout KLM stated that the interval should be Because service information for these the world, and that there is a ‘‘learning 25 flight cycles based on a typical modifications is still being developed, curve to acclimate the line maintenance utilization in flight cycles that we have not changed this final rule in organizations to the new task.’’ In corresponds to a one-week interval. The this regard. addition, AA stated that the existing operators stated that the actuator failure

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55525

mode is associated with the cycling of four airplanes daily. SIA also stated that detection systems. For the affected the valve, and the interval should, frequent opening and closing of panels Model 777 airplanes identified in this therefore, be based on flight cycles. to inspect the MOV actuator may final rule, the fuel shutoff valve position AA stated that the ‘‘weekly’’ interval inadvertently disrupt other airplane cannot be checked using available is not defined sufficiently, and that it is systems and result in unintended indications, and a physical inspection of not clear whether this means once every defects. SIA stated that, if operators are the valve actuator itself is necessary to seven days, one time each calendar unable to inspect the airplane within detect the latent failure. Because of the week, or some other interpretation. AA the mandated intervals, or if the work necessary to perform this stated that, for its airline and for many inspection findings require extensive inspection, we determined that a daily other international carriers, this rectification, Boeing or the FAA should interval would be overly burdensome presents a problem when the airplane consider granting operators a ‘‘no and that the 10-day interval would be a continually crosses the International technical objection’’ or an AMOC to more appropriate balance of the risk and Date Line. AA also stated that the allow the airplane to be released to the burden of performing the inspection. interval does not address occurrences service for a restricted period of time. However, affected operators may apply where the airplane is out of service for SIA also stated that it understands for approval of an AMOC in accordance an extended period of time, such as a Boeing is working on a modified MOV with the procedures specified in week or longer. AA stated that it has actuator part number that would resolve paragraph (i)(1) of this AD by submitting strong concerns that the proposed the reliability issue associated with it. data substantiating that the request interval may impede the airline’s ability Boeing requested that the interval be would provide an acceptable level of to function on its current published changed to 10 days. Boeing stated that safety. schedule. AA stated that many it understood the term ‘‘weekly’’ to We also disagree that the performance established flight routings occur on a mean 10 days. of these inspections is likely to cause four-day cycle, and not all stations can We partially agree with the defects in other systems. While be set up to perform the inspection for commenters’ request. We agree with additional defects due to unrelated logistical, personnel, and contractual extending the inspection interval to 10 causes might be discovered during the reasons; therefore, the weekly interval days. Some operators’ route structures visual inspection, the opening of the makes it very difficult to achieve the and maintenance intervals do not align access door and visual inspection of the inspection at available stations. AA with a 7-day interval. Also, several of fuel shutoff valve position is not stated that the inspection, if mandated, the operators routinely cross the expected to cause other system failures. should be on a flight-cycle interval International Date Line, potentially Request To Allow Use of Parts From rather than a calendar schedule, and creating confusion over the application Less Critical Locations suggested a 25-flight-cycle interval to of an interval when expressed as alleviate the ‘‘weekly’’ term ‘‘weekly.’’ The 10-day interval will FedEx requested that a provision be interpretation issue, and to address the provide more operational flexibility and added to the proposed AD (79 FR 1772, adverse impact to airline operations. will not significantly increase the January 10, 2014) to allow the removal JAL and ANA requested that the number of at-risk flights. We have of a working MOV actuator from a less inspection interval be ‘‘25 flight cycles changed paragraph (g) of this AD and critical fuel system valve location and or more, or weekly or more, whichever figure 1 to paragraph (g) of this AD installation in the engine fuel shutoff occurs later.’’ JAL stated that the FAA- accordingly. valve. FedEx stated that this will reduce proposed inspection interval of We also added a note to the Interval the immediate impact of any actuator ‘‘weekly’’ is without detailed column of figure 1 to paragraph (g) of failures discovered by the required information such as the number of this AD to specify that the inspection is inspection. latently failed fuel shutoff valves, failure not required on days when the airplane We disagree with the request. This rates, and so forth. JAL stated that it is not used in revenue service, and that situation is not unique to the MOV understands that it is preferable to the inspection must be done before actuator of the fuel shutoff valve. It is control inspection intervals in flight further flight if it has been 10 or more not our intent in this AD to change cycles for international flights. JAL and calendar days since the last inspection. operational practices used in performing ANA also stated that an average flight However, we disagree with changing maintenance and alterations, or to cycle for a Model 777 airplane might be the interval basis to flight cycles. While change relief provided by the minimum 2.5 flight cycles per day, but that their the failure of the fuel shutoff valve is equipment list (MEL). The removal of a domestic Model 777 flight cycle average likely associated with the cycling of the fully functional part from a less critical is 6 flight cycles per day; therefore, it is valve, the purpose of the inspections is location and its replacement with a non- a burden to inspect the MOV actuators to minimize the exposure to flights that functioning part is considered an at per-flight-cycle-related intervals. are initiated with a valve actuator that alteration and, as such, must meet the ANA stated that it prefers a compliance is latently failed in the open position. airworthiness regulations, which is not time of 18,000 flight cycles, which is To determine the appropriate actions possible in this case. However, if a stated in the MPD document. ANA and intervals to minimize this exposure, failure occurs at a less critical location, stated that they currently perform the we considered the actions necessary to operation in the same exact proposed inspection at 2,000-flight-hour detect the latent failure on each affected configuration may be allowed for a intervals, and while it has experienced airplane model, and then, based on limited time under the MEL. The several fuel valve actuator failures, it those identified actions, determined a decision to allow this type of has not detected any latently failed open minimum practical interval for maintenance action remains with the fuel valve actuators. performing the actions. local Flight Standards organization. SIA requested that the proposed On other Boeing airplane models with Also, it should be noted that the inspection interval be extended to 2,000 designs that allow a check to be installation of certain MOV actuators is flight hours. SIA stated that the performed using available indications, prohibited by FAA AD 2013–05–03, inspections are disruptive, laborious, we determined that a daily check is Amendment 39–17375 (78 FR 17290, and costly to operations, and would appropriate. That interval is similar to March 21, 2013). We have not changed require SIA to inspect at least three to the check interval required for fire this AD in this regard.

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55526 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

Additional Change Made to This AD and minor editorial changes. We have Interim Action In the ‘‘Description’’ column of figure determined that these minor changes: We consider this AD interim action. 1 to paragraph (g) of this AD, we have • Are consistent with the intent that The manufacturer has developed a removed the phrase ‘‘refer to Boeing was proposed in the NPRM (79 FR 1772, modification that addresses the unsafe AMM 28–22–00’’ for performing an January 10, 2014) for correcting the condition for some of the airplanes inspection of the MOV actuator of the unsafe condition; and identified in this AD. Once the service fuel spar valve (i.e., the fuel shutoff • Do not add any additional burden information for the modification is valve). upon the public than was already developed, approved, and available, we might consider additional rulemaking. Conclusion proposed in the NPRM (79 FR 1772, We reviewed the relevant data, January 10, 2014). Costs of Compliance considered the comments received, and We also determined that these We estimate that this AD affects 190 determined that air safety and the changes will not increase the economic airplanes of U.S. registry. public interest require adopting this AD burden on any operator or increase the We estimate the following costs to with the changes described previously, scope of this AD. comply with this AD:

ESTIMATED COSTS

Cost per Cost on Action Labor cost Parts cost product U.S. operators

Incorporating Airworthiness Limitation ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $16,150

Authority for This Rulemaking (2) Is not a ‘‘significant rule’’ under (c) Applicability DOT Regulatory Policies and Procedures This AD applies to The Boeing Company Title 49 of the United States Code (44 FR 11034, February 26, 1979), Model 777–200, –200LR, –300, –300ER, and specifies the FAA’s authority to issue (3) Will not affect intrastate aviation 777F series airplanes, certificated in any rules on aviation safety. Subtitle I, in Alaska, and category, line numbers 1 through 1164 section 106, describes the authority of (4) Will not have a significant inclusive. the FAA Administrator. Subtitle VII: economic impact, positive or negative, Aviation Programs, describes in more on a substantial number of small entities (d) Subject detail the scope of the Agency’s under the criteria of the Regulatory Air Transport Association (ATA) of authority. Flexibility Act. America Code 28, Fuel. We are issuing this rulemaking under List of Subjects in 14 CFR Part 39 (e) Unsafe Condition the authority described in Subtitle VII, Air transportation, Aircraft, Aviation This AD was prompted by reports of Part A, Subpart III, Section 44701: safety, Incorporation by reference, latently failed fuel shutoff valves discovered ‘‘General requirements.’’ Under that Safety. during fuel filter replacement. We are issuing section, Congress charges the FAA with this AD to detect and correct latent failures promoting safe flight of civil aircraft in Adoption of the Amendment of the fuel shutoff valve to the engine, which air commerce by prescribing regulations Accordingly, under the authority could result in the inability to shut off fuel for practices, methods, and procedures delegated to me by the Administrator, to the engine and, in case of certain engine the Administrator finds necessary for the FAA amends 14 CFR part 39 as fires, an uncontrollable fire that could lead to safety in air commerce. This regulation follows: wing failure. is within the scope of that authority because it addresses an unsafe condition PART 39—AIRWORTHINESS (f) Compliance that is likely to exist or develop on DIRECTIVES Comply with this AD within the products identified in this rulemaking compliance times specified, unless already action. ■ 1. The authority citation for part 39 done. continues to read as follows: Regulatory Findings (g) Revision of Maintenance or Inspection Authority: 49 U.S.C. 106(g), 40113, 44701. Program This AD will not have federalism § 39.13 [Amended] Within 30 days after the effective date of implications under Executive Order this AD, revise the maintenance or inspection ■ 2. The FAA amends § 39.13 by adding 13132. This AD will not have a program, as applicable, to add Airworthiness the following new airworthiness substantial direct effect on the States, on Limitation (AWL) 28–AWL–MOV by the relationship between the national directive (AD): incorporating the information specified in government and the States, or on the 2015–19–01 The Boeing Company: figure 1 to paragraph (g) of this AD into the distribution of power and Amendment 39–18264; Docket No. Airworthiness Limitations Section of the responsibilities among the various FAA–2013–1071; Directorate Identifier Instructions for Continued Airworthiness. 2013–NM–204–AD. levels of government. The initial compliance time for accomplishing the actions specified in figure For the reasons discussed above, I (a) Effective Date This AD is effective October 21, 2015. 1 to paragraph (g) of this AD is within 10 certify that this AD: days after accomplishing the maintenance or (1) Is not a ‘‘significant regulatory (b) Affected ADs inspection program revision required by this action’’ under Executive Order 12866, None. paragraph.

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55527

FIGURE 1 TO PARAGRAPH (g) OF THIS AD—AWL FOR ENGINE FUEL SHUTOFF VALVE (FUEL SPAR VALVE) ACTUATOR INSPECTION

AWL No. Task Interval Applicability Description

28–AWL–MOV ...... ALI 10 days...... Airplanes with AIMS–1 Engine Fuel Shutoff Valve (Fuel Spar Valve) MOV Ac- INTERVAL NOTE: Not re- system. tuator Inspection. quired on days when the Airplanes with AIMS–2 Concern: The fuel spar valve actuator design can re- airplane is not used in BlockPoint (BP) v 16 sult in airplanes operating with a failed fuel spar revenue service. and earlier software. valve actuator that is not reported. A latently failed Must be done before fur- APPLICABILITY NOTE: fuel spar valve actuator would prevent fuel shutoff to ther flight if it has been Only applies to airplanes an engine. In the event of certain engine fires, the 10 or more calendar with a fuel spar valve ac- potential exists for an engine fire to be uncontrol- days since last inspec- tuator having part num- lable. tion. ber MA20A2027 Perform an inspection of the fuel spar valve actuator. (S343T003–56) or NOTE: The fuel spar valve actuator is located behind MA30A1001 latch panel 551 DB (left engine) and latch panel 651 (S343T003–66) installed DB (right engine). at the engine fuel spar 1. Make sure both Engine Control Switches are in the valve position. CUTOFF position. NOTE: It is not necessary to cycle the FUEL CON- TROL switch to do this inspection. 2. Inspect the left engine fuel spar valve actuator lo- cated in the left rear spar. a. Verify the manual override handle on the left engine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any fuel spar valve actuator that is not in the CLOSED position (refer to Boeing Air- plane Maintenance Manual, 28–22–02, for guid- ance). 3. Inspect the right engine fuel spar valve actuator lo- cated in the right rear spar. a. Verify the manual override handle on the right en- gine fuel spar valve actuator is in the CLOSED posi- tion. b. Repair or replace any fuel spar valve actuator that is not in the CLOSED position (refer to Boeing Air- plane Maintenance Manual, 28–22–02, for guid- ance).

(h) No Alternative Actions or Intervals (j) Related Information DEPARTMENT OF TRANSPORTATION After accomplishing the maintenance or For more information about this AD, inspection program revision required by contact Rebel Nichols, Aerospace Engineer, Federal Aviation Administration paragraph (g) of this AD, no alternative Propulsion Branch, ANM–140S, FAA, Seattle actions (e.g., inspections) or intervals may be Aircraft Certification Office, 1601 Lind 14 CFR Part 39 used unless the actions or intervals are Avenue SW., Renton, WA 98057–3356; [Docket No. FAA–2014–0194; Directorate approved as an alternative method of phone: 425–917–6509; fax: 425–917–6590; Identifier 2014–NM–022–AD; Amendment compliance (AMOC) in accordance with the email: [email protected]. 39–18266; AD 2015–19–03] procedures specified in paragraph (i)(1) of (k) Material Incorporated by Reference this AD. RIN 2120–AA64 None. (i) Alternative Methods of Compliance Airworthiness Directives; The Boeing (AMOCs) Issued in Renton, Washington, on September 7, 2015. Company Airplanes (1) The Manager, Seattle Aircraft Certification Office (ACO) FAA, has the Jeffrey E. Duven, AGENCY: Federal Aviation authority to approve AMOCs for this AD, if Manager, Transport Airplane Directorate, Administration (FAA), DOT. requested using the procedures found in 14 Aircraft Certification Service. ACTION: Final rule. CFR 39.19. In accordance with 14 CFR 39.19, [FR Doc. 2015–23121 Filed 9–15–15; 8:45 am] SUMMARY: send your request to your principal inspector BILLING CODE 4910–13–P We are adopting a new or local Flight Standards District Office, as airworthiness directive (AD) for all The appropriate. If sending information directly Boeing Company Model 737–600, –700, to the manager of the ACO, send it to the –700C, –800, –900, and –900ER series attention of the person identified in airplanes. This AD was prompted by paragraph (j) of this AD. Information may be reports of latently failed fuel shutoff emailed to: 9-ANM-Seattle-ACO-AMOC- valves discovered during fuel filter [email protected]. replacement. This AD requires revising (2) Before using any approved AMOC, the maintenance or inspection program notify your appropriate principal inspector, to include new airworthiness or lacking a principal inspector, the manager limitations. We are issuing this AD to of the local flight standards district office/ detect and correct latent failures of the certificate holding district office. fuel shutoff valve to the engine, which

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55528 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

could result in the inability to shut off comments addressed in this final rule in for such an event would not stop the fuel to the engine and, in case of certain a teleconference with Airlines for fuel flow to the engine strut and nacelle. engine fires, an uncontrollable fire that America (A4A) and other members of The continued flow of fuel could cause could lead to wing failure. the aviation industry. All of the an uncontrolled fire or lead to a fuel DATES: This AD is effective October 21, comments discussed during this exhaustion event. 2015. teleconference are addressed in this The FAA regulations require all final rule in response to comments transport airplanes to be fail safe with Examining the AD Docket submitted by other commenters. A respect to engine fire events, and the You may examine the AD docket on discussion of this contact can be found risk due to severe engine damage events the Internet at http:// in the rulemaking docket at http:// to be minimized. Therefore, we require, www.regulations.gov by searching for www.regulations.gov by searching for for each flight, sufficiently operative fire and locating Docket No. FAA–2014– and locating Docket No. FAA–2014– safety systems so that fires can be 0194; or in person at the Docket 0194. detected and contained, and that fuel to the engine strut and nacelle can be shut Management Facility between 9 a.m. Clarification of Certain Terminology and 5 p.m., Monday through Friday, off in the event of an engine fire or except Federal holidays. The AD docket Throughout the preamble of this final severe damage. contains this AD, the regulatory rule, commenters may have used the The FAA airworthiness standards evaluation, any comments received, and terms ‘‘fuel shutoff valve’’ and ‘‘fuel require remotely controlled powerplant other information. The address for the spar valve’’ interchangeably. Both terms valves to provide indications that the Docket Office (phone: 800–647–5527) is refer to the same part. In our responses valves are in the commanded position. Docket Management Facility, U.S. to comments, we have used the term These indications allow the prompt Department of Transportation, Docket ‘‘fuel shutoff valve.’’ The term ‘‘fuel spar detection and correction of valve Operations, M–30, West Building valve’’ is more commonly used in failures. We do not allow dispatch with Ground Floor, Room W12–140, 1200 airplane maintenance documentation a known inoperative fuel shutoff valve. New Jersey Avenue SE., Washington, and, therefore, we have used that term Therefore, we are proceeding with this DC 20590. in figure 1 to paragraph (g) of this AD. final rule—not because of the higher- than-typical failure rate of the particular FOR FURTHER INFORMATION CONTACT: Comments valve actuator involved, but instead Rebel Nichols, Aerospace Engineer, We gave the public the opportunity to because the fuel shutoff valve actuator Propulsion Branch, ANM–140S, FAA, participate in developing this AD. The can fail in a manner that also defeats the Seattle Aircraft Certification Office, following presents the comments required valve position indication 1601 Lind Avenue SW., Renton, WA received on the NPRM (79 FR 20834, feature. That failure can lead to a large 98057–3356; phone: 425–917–6509; fax: April 14, 2014) and the FAA’s response number of flights occurring on an 425–917–6590; email: rebel.nichols@ to each comment. airplane with a fuel shutoff valve faa.gov. Request To Withdraw the NPRM (79 FR actuator failed in the open position SUPPLEMENTARY INFORMATION: without the operator being aware of the 20834, April 14, 2014) failure. An airworthiness limitation Discussion American Airlines (AA) requested containing required inspections is We issued a notice of proposed that no further regulatory action be intended to limit the number of flights rulemaking (NPRM) to amend 14 CFR taken. AA stated that it has experienced following latent failure of the fuel part 39 by adding an AD that would only a small number of fuel shutoff shutoff valve. We have not changed this apply to all The Boeing Company Model valve actuator failures. AA stated that AD in this regard. 737–600, –700, –700C, –800, –900, and the combination of failures necessary to –900ER series airplanes. The NPRM produce the catastrophic event Request for Inspection Relief published in the Federal Register on described in the NPRM (79 FR 20834, AirDo, AA, All Nippon Airlines April 14, 2014 (79 FR 20834). The April 14, 2014) includes fuel shutoff (ANA), Delta Airlines (DAL), Southwest NPRM was prompted by reports of valve actuator failure, an erroneous Airlines (SWA), Transavia, and United latently failed fuel shutoff valves position indication, and a fire in the Airlines (UAL) requested clarification of discovered during fuel filter engine compartment. AA also stated the daily check requirement. The replacement. The NPRM proposed to that risk analysis shows the probability commenters stated that the check require revising the maintenance or of this combination occurring is in the applies to airplanes that are in inspection program to include new improbable range of ‘‘10E–11 to 10E– operational revenue status. The airworthiness limitations. We are 16.’’ commenters stated that the proposed issuing this AD to detect and correct We disagree with commenter’s AD (79 FR 20834, April 14, 2014) does latent failures of the fuel shutoff valve request. We have determined that an not account for airplanes in routine to the engine, which could result in the unsafe condition exists that warrants an maintenance or for an out-of-service inability to shut off fuel to the engine interim action until the manufacturer condition. and, in case of certain engine fires, an finishes developing a modification that We infer the commenters are uncontrollable fire that could lead to will address the identified unsafe requesting inspection relief for airplanes wing failure. condition. We have determined that, that are not in service. We agree with without the required interim action, a the commenters’ request. It would be Record of Ex Parte Communication significant number of flights with a fuel unnecessarily burdensome to require In preparation of AD actions such as shutoff valve actuator that is failed in the inspections on airplanes that are not NPRMs and immediately adopted rules, the open valve position will occur being used. We agree with limiting it is the practice of the FAA to obtain during the affected fleet life. If certain inspections to days when the airplane is technical information and information engine fire conditions were to occur, or in revenue service. In the Interval on operational and economic impacts if extreme engine damage were to occur, column of figure 1 to paragraph (g) of from design approval holders and or if an engine separation event were to this AD, we have added a note to clarify aircraft operators. We discussed certain occur during flight, the crew procedures that the operational check is not

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55529

required on days when the airplane is We have added item D. to figure 1 to operational checks for maintenance. Mr. not used in revenue service, but that the paragraph (g) of this AD to specify a Voss stated that showing compliance check must be done before further flight fourth option to perform daily with ADs is almost exclusively a once the airplane is returned to revenue inspections to verify that the fuel maintenance function and should service. shutoff valve is closing. remain a maintenance function to provide compliance continuity. Request To Limit the Applicability Request To Clarify Recording We agree that clarification is UAL requested that we revise the Requirements necessary. This AD requires including proposed AD (79 FR 20834, April 14, Air Do, Ryanair, SWA, Transavia, the information in figure 1 of paragraph 2014) to limit the applicability specified UAL, and Darryl Voss requested that the (g) of this AD in the maintenance or in figure 1 to paragraph (g) of the FAA provide a more complete inspection program. However, this AD proposed AD to airplanes with the valve explanation of the requirements with does not require accomplishing the actuators that have the identified unsafe regard to recording compliance. actions specified in figure 1 of condition. UAL stated the applicability Air Do stated that if the flightcrew paragraph (g) of this AD. The actions applies to valve actuators having part performed the operational check, a specified in the figure in this AD are number (P/N) MA30A1001. UAL stated maintenance record is usually not done, and remain enforceable, as part of that the problem does not apply to other created. The commenter questioned the airworthiness limitations of the existing actuator designs, and will not whether this is acceptable, or whether instructions for continued airworthiness apply to future designs. the flightcrew should record it in the (ICA). Section 14 CFR 43.11(a) of the We agree with the commenter’s flight log. Federal Aviation Regulations (14 CFR request. It would be unnecessarily Ryanair requested that the FAA 43.11(a)) requires maintenance record burdensome to require the inspections explicitly state in the AD that the entries for maintenance actions such as on airplanes that do not have any of the proposed actions may be performed by the required checks. If an operator elects susceptible valves installed. We have maintenance and/or flight operations to have a flightcrew member do the added a note to the Applicability checklists, and that the AD will not check in accordance with the applicable column in figure 1 to paragraph (g) of require the retention of maintenance or airworthiness limitation, that same this AD to clarify that the limitations flight operations records to show action would be considered an apply to Model 737–600, –700, –700C, compliance. Ryanair stated that due to operational task (not maintenance), and –800, –900, and –900ER airplanes the high frequency of the actions in the therefore 14 CFR 43.11(a) would not having actuator P/N MA20A2027 NPRM (79 FR 20834, April 14, 2014) apply. In that case, operators should (Boeing P/N S343T003–56) or P/N and the large number of affected follow their normal processes for MA30A1001 (Boeing P/N S343T003–66) airplanes in its fleet (approximately operational activities, including installed at the engine fuel spar valve 300), the creation, retention, and necessary Principal Operations positions. reforecasting of individual records for Inspector (POI) involvement. We have this activity is not practical. not changed this AD in this regard. Request To Follow the Master Because of the high frequency of Minimum Equipment List (MMEL) in checks resulting from the proposed AD Request To Clarify Inspection Lieu of the Daily Check (79 FR 20834, April 14, 2014), Procedures for Operational Checks AA and Qantas Airways stated that if compounded with the creation, Boeing requested to add a flightcrew the master minimum equipment list distribution, and retention of the inspection procedure during engine (MMEL) is being used, then the daily documentation of the checks, SWA start and engine shutdown. Boeing check should be not required. requested that the FAA specifically state stated that this will provide common AA stated that the Boeing Model 737 in the AD that when the daily check is flight procedures and eliminate each MMEL item 28–22, ‘‘Fuel/Spar Valve performed successfully by flightcrews, operator creating its own test. Closed Lights,’’ allows for the lights to no documentation is required. SWA also DAL requested that the preamble of be inoperative, provided the associated requested that the FAA specifically state the NPRM (79 FR 20834, April 14, 2014) valve is verified to operate normally and in the AD that documentation (i.e., be revised to match the rest of the the crossfeed VALVE OPEN light logbook entry or other type of defect requirements in the NPRM. DAL stated operates normally. AA stated that this report) is required only when a failure that if POI approval is required for item allows the lights to be inoperative is detected by the flightcrew, or when flightcrews to accomplish operational for up to 10 days, and it requested that the check is performed by maintenance checks, then the preamble should a provision be added to state that if this personnel. identify that flightcrews can only MMEL is being used, the daily check is Transavia requested that, if the daily accomplish operational checks not required. check remains, we revise the proposed approved by the inspector. DAL stated Qantas Airways stated that if an AD (79 FR 20834, April 14, 2014) to that the preamble should not associate airplane is dispatched under the MMEL state that the inclusion of the daily the operational check without engine for inoperative SPAR VALVE CLOSED check requirement into a checklist is start to only maintenance crews, and the light(s), then it is not possible to sufficient to show AD compliance and operational checks while starting the accomplish the proposed checks. prevent unwanted paperwork, and that engine or shutting down the engine to We partially agree with the the daily check can be performed by only flightcrews. commenters’ request. We disagree with either maintenance personnel or the UAL requested that standardized providing MMEL relief for an flightcrew. procedures be established by the FAA inoperative fuel shutoff valve indication UAL asked whether the flightcrews aircraft certification office for the POI to because such relief could potentially will be required to record compliance of approve on behalf of all affected allow the fuel shutoff valve to be the operational checks and document operators. inoperative for up to 10 days of revenue each inspection. Darryl Voss requested We disagree with the commenter’s operation. However, we do agree to that we revise the proposed AD (79 FR request to add to this AD a method provide flexibility regarding verification 20834, April 14, 2014) to remove the describing how maintenance actions that the fuel shutoff valve is operational. option to allow flightcrews to perform and operations actions should be

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55530 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

coordinated. The operational Request To Clarify the Operational We disagree with the commenter’s requirements are specified in figure 1 to Check During Engine Start request to reference the FIM instead of paragraph (g) of this AD; how these Qantas stated that it does not believe the AMM. If an operational check fails, requirements are captured in the that paragraph B. of the Description the failed component must be replaced. operations processes to ensure that the column of figure 1 to paragraph (g) of As Boeing stated, the AMM provides instructions for replacing failed maintenance action has been completed the proposed AD (79 FR 20834, April is likely different for each operator. As components. The FIM also refers to the 14, 2014), which specifies to do an the commenter stated, flightcrews can AMM for replacement of the fuel shutoff operational check during engine start, only accomplish operational checks valve actuator after doing some achieves the desired failure detection. approved by the inspector. No change preliminary testing. Operators may Qantas stated that if the test fails (i.e., has been made to the final rule in this consult the FIM for guidance in bright light fails to illuminate), the valve regard. troubleshooting other reasons the light has failed to open; this is different than could fail to illuminate. We have not Request To Provide an Alternative to a valve that has failed to close. Qantas changed this AD in this regard. the Maintenance or Inspection Program stated that the test should identify the Revision in Operational Documents failed actuator in the failure mode, Request To Extend the Repetitive DAL requested that the proposed AD which results in an unsafe condition. Interval for the Operational Checks (79 FR 20834, April 14, 2014) be revised We infer that Qantas is requesting we ANA requested that the repetitive to provide an option for revising the clarify the operational check during interval be revised from daily to 15,000 Boeing Model 737 ‘‘Airplane Normal engine start. We find that clarification is flight hours or 6,000 flight hours, or a Checklist’’ to specify accomplishment of necessary. The check procedure is weekly interval. ANA stated that Boeing one of the required operational checks designed to make sure the fuel shutoff has included these repetitive intervals (operational check during engine start, valve actuator moves to the open in certain maintenance documents. operational check during engine position from the closed position. ANA commented that it has 38 shutdown, or operational check without However, if the fuel shutoff valve airplanes in operation and it has never engine operations) as a ‘‘FIRST FLIGHT actuator had previously failed open, the experienced a latent failure of the MOV OF THE DAY’’ requirement as an actuator would not move the valve and actuator. ANA also stated that the alternative to the maintenance or this check would fail. If this check fails, possibility of the unsafe condition inspection program revision specified in the fuel shutoff valve actuator is either happening is very low. ANA stated that paragraph (g) of the proposed rule. DAL failed in the closed position or has a daily interval is a burden to operators. stated that this option would ensure that failed previously in the open position. DAL requested that the operational operational aircraft are inspected daily, Either way, the failed fuel shutoff valve checks be required at intervals not to provide clear responsibility to the actuator must be replaced. We have not exceed 90 days or 1,400 flight cycles or flightcrew to accomplish the operational changed this AD in this regard. 1,800 flight hours; DAL stated that this is similar to what is proposed by the checks, and remove concern for Request To Add Requirement To original equipment manufacturer. DAL accomplishing the actions during times Provide Electrical Power Before the stated that Airworthiness Limitation when the airplane is not in service. DAL Maintenance Check stated that incorporating this change to Task 28–AWL–MOV, ‘‘Engine Fuel the ‘‘Airplane Normal Checklist’’ will UAL requested we add a requirement Shut-Off Valve (Fuel Spar Valve) simplify compliance procedures while to provide electrical power before Position Indication Operational Check,’’ satisfying the requirements of the accomplishment of the maintenance which was introduced by the proposed proposed rule. check specified by the proposed AD (79 AD (79 FR 20834, April 14, 2014), JAL requested that the FAA FR 20834, April 14, 2014). would require daily operational checks coordinate with Boeing to revise the We agree with the commenter’s of the engine fuel shutoff valve. DAL flightcrew operations manual (FCOM) to request because electrical power is stated that it finds this will be an provide the check of the fuel spar valve required. In item C.1. of figure 1 to onerous operational requirement as it as a normal procedure. JAL stated that paragraph (g) of this AD, we have added does not have maintenance personnel in if an operational check by the flightcrew an instruction to supply electrical all locations where the affected is allowed, the FCOM should be revised power to the airplane using standard airplanes are operated. DAL stated that to provide the normal procedure to practices when performing the for this reason, it will be necessary for perform the fuel spar valve check during operational check. its flightcrews to accomplish the operational checks in order to comply engine start or shutdown. Request To Reference the Fault Qantas Airways suggested that a with the daily requirement specified by Isolation Manual revision to the Boeing Model 737 the proposed AD. Airplane Flight Manual (AFM), Section Boeing requested that figure 1 to DAL also stated that the proposed AD 1 ‘‘Certificate Limitations,’’ or Section 3 paragraph (g) of the proposed AD (79 FR (79 FR 20834, April 14, 2014) does not ‘‘Normal Procedures,’’ might be a more 20834, April 14, 2014) be revised in provide significant information as to appropriate location to allow the order to reference the Fault Isolation how the daily check requirement was flightcrew to monitor valve operations Manual (FIM), instead of the Boeing determined or why it differs so during engine start and/or engine Model 737 Aircraft Maintenance significantly from the compliance shutdown. Manual (AMM), should the operational recommendation established by Boeing. We find that clarification is necessary. check fail. Boeing stated that the faults DAL stated that lacking specific details Changing these documents presupposes are isolated to failed components using of the methodology used by the FAA that every operator will have flightcrews the FIM. The AMM provides and the assumptions made to arrive at perform this task. It is not our intention instructions for removing and replacing a daily check interval hinders the to require flightcrews to perform this identified failed components. Boeing operator’s ability to provide comments task. Individual operators can modify stated that the light could fail to on the appropriateness of this interval. their normal operating procedures to illuminate for reasons other than DAL stated that Boeing has indicated add this requirement. actuator failure. that its numeric safety analysis supports

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55531

a compliance period of 3,000 flight for approval, and implement the revised clear who must accomplish the action in hours for the operational checks. DAL airplane maintenance or inspection this paragraph. DAL stated that also stated that based on current DAL program within 30 days of the effective operators do not control the AWL utilization, accomplishment of daily date. section of the ICA and, therefore, could checks equates to accomplishing the Jim Way requested that operators be not comply with the requirement. DAL check approximately 300 times more given 90 days after the effective date of stated that on Boeing Model 737NG frequently than the interval supported the proposed AD (79 FR 20834, April airplanes, the AWLs are incorporated by the Boeing safety analysis. 14, 2014) to incorporate the actions into Section 9 of the Maintenance JAL requested that the FAA extend specified in figure 1 to paragraph (g) of Planning Document (MPD) by Boeing. the inspection interval to a heavy the proposed AD into the maintenance DAL stated that the action in the NPRM maintenance opportunity. For Model program. Mr. Way stated that single would be one for the original equipment 737–800 airplanes, JAL stated to set the aircraft operators use a vendor to manufacturer to accomplish with a heavy maintenance opportunity (such as provide support for the inspection revision to the MPD, which would then ‘‘C-Check’’ and ‘‘K-Check’’) at program revisions. Mr. Way stated that be incorporated by the operators. DAL approximately 2-year intervals to a 30-day compliance time after the also stated that operators have control of efficiently accomplish the maintenance effective date of the proposed AD is not their continuous airworthiness program. enough time to properly make and maintenance program (CAMP). DAL Qantas Airways requested an interval submit the changes to the FAA’s stated that in the NPRM, it is the intent that can be effectively scheduled in principal maintenance inspector for of the operators to incorporate the AWL aircraft maintenance control programs, approval and implementation. into their CAMP. such as a 7-day interval. We do not agree to revise the We find that clarification is necessary. Jim Way requested a monthly interval compliance time for revising the The requirement in paragraph (g) of this for the operational checks. Mr. Way maintenance or inspection program AD is to change the Airworthiness stated that a daily check is too beyond 30 days. The 30-day compliance Limitations of the ICA for each affected restrictive. time specified in paragraph (g) of this airplane. Once that change is complete, Bradley Most requested that the daily AD is consistent with other regulatory operators will be compelled to change inspection interval be revised to every 2 actions for other affected models in their maintenance program to include calendar days to accommodate similar ADs. However, under the the new requirements of the revised ‘‘international operations, out of station, provisions of paragraph (i)(1) of this AD, Airworthiness Limitations. For Part 121 overnight, etc.’’ Mr. Most stated that the we might consider requests for operators, changes to the CAMP will interval of daily lacks a clear definition. adjustments to the compliance time if become necessary; but for other We disagree with the requests to data are submitted to substantiate that operators, the maintenance program extend the inspection interval. An such an adjustment would provide an may take a different form. We have not increase in the inspection interval from acceptable level of safety. changed the AD in this regard. daily to every other day, to weekly, or to 90 days, would result in 2, 7, or 90 Request To Change the Initial Request To Remove Redundant times as many flights at risk in the event Compliance Time for the Operational Language of an engine fire. The daily inspection Check DAL requested that certain language has been deemed practical because, in AA requested that 30 days be be removed from the proposed AD (79 practice, it will mean the flightcrew will provided for the initial operational FR 20834, April 14, 2014) because it is need to watch a light as they start or check after the airworthiness limitation redundant. DAL stated that paragraph shut down the engine using normal (AWL) has been incorporated into its (h) of the proposed AD can be excluded procedures. An increased interval to maintenance program. AA stated that because it states that no alternative 6,000 flight hours would have no real this will allow for publishing the new actions or intervals can be used unless effect on the unsafe condition since the criteria. approved as an alternative method of fuel filter replacement currently detects We partially agree with AA’s request compliance (AMOC) in accordance with the problem every 6,000 flight hours. In concerning the compliance time for the the procedures specified in paragraph addition, an increased interval of 15,000 initial operational check. We have (i)(1) of the proposed AD. (Paragraph (i) flight hours, or 24 months, would changed the initial compliance time of the proposed AD specifies the similarly not improve safety. We have specified in paragraph (g) of this AD for procedures and requirements for an not changed this AD in this regard. accomplishing the actions specified in AMOC.) figure 1 to paragraph (g) of this AD from We disagree with the commenter’s Request To Revise the Proposed 7 to 10 days. The compliance time of 10 request. It is necessary to include Compliance Time for Revising the days is consistent with other regulatory paragraph (h) of this AD (‘‘No Maintenance or Inspection Program actions for other affected models in Alternative Actions or Intervals’’) Mr. Most requested that the similar ADs. We have determined that because it ensures that changes made compliance time to revise the 10 days for the initial inspection after accomplishment of the maintenance or inspection program be represents an appropriate time in which maintenance or inspection program changed to 120 days after the effective the required actions can be performed in revision, e.g., using new versions of the date of this AD. Mr. Most stated that a timely manner within the affected maintenance or inspection program, are FAA offices are typically requesting 60 fleet, while still maintaining an done only when approval of an AMOC days to review an airplane maintenance adequate level of safety. is obtained from the FAA. We have not or inspection program revision that is changed this AD in this regard. submitted for approval and, in many Request To Clarify Who Must cases, are taking longer. Mr. Most stated Accomplish the Maintenance or Request To Revise the Costs of that the current inspection interval Inspection Program Revision Compliance Paragraph would not allow operators enough time DAL requested that paragraph (g) of DAL stated that the cost estimate to revise the airplane maintenance or the proposed AD (79 FR 20834, April provided in the NPRM (79 FR 20834, inspection program, submit it to FAA 14, 2014) be revised because it is not April 14, 2014) is inaccurate. DAL

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55532 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

stated that the cost reflected in the this AD, either a tolerance should be exist in the regulatory text of the NPRM NPRM is for incorporating the proposed added to the wording, or the word (79 FR 20834, April 14, 2014), as program change into the operator’s ‘‘approximately’’ should be added published. We disagree with combining program only as a revision of the before the phrase ‘‘10 seconds.’’ steps C.2. and C.3 because the engine maintenance or inspection program.’’ We agree with the commenter’s fire switches represent separate actions DAL stated the cost estimate presented request. In item C.4.a. and item C.5.a. for the aft electronic panel and the is flawed in two aspects: It does not (which correspond to items C.3.a. and forward overhead panel. We have not properly account for the cost operators C.4.a. of the NPRM (79 FR 20834, April changed this AD in this regard. will take on in implementing the 14, 2014)) in the Description column of Effect of Winglets on This AD program changes, and it does not figure 1 to paragraph (g) of this AD, we account for the cost of actually have added wording that indicates to Aviation Partners Boeing stated that performing the inspections specified by wait ‘‘approximately’’ 10 seconds after the installation of winglets per the proposed maintenance or inspection moving the ENG 1 and ENG 2 START Supplemental Type Certificate (STC) program changes. LEVER on the CONTROL STAND to the ST00830SE (http://rgl.faa.gov/ We infer that DAL is requesting we IDLE position. We find that this change Regulatory_and_Guidance_Library/ revise the Costs of Compliance will allow flexibility during the rgstc.nsf/0/ paragraph. We acknowledge the operational check, while still 3ed73703f205e3b386257e2f0064f3b1/ commenter’s concern. In this AD, the maintaining an adequate level of safety. $FILE/ST00830SE.pdf) does not affect required action is to revise the Request To Correct Typographical the accomplishment of the maintenance or inspection program, as manufacturer’s service instructions. applicable, to include a new Errors airworthiness limitation. The added Boeing and DAL requested that we Conclusion airworthiness limitation requires an correct a typographical error in the We reviewed the relevant data, inspection of the position of the MOV proposed AD (79 FR 20834, April 14, considered the comments received, and actuator daily. However, these repetitive 2014). Boeing and DAL stated that item determined that air safety and the inspections, which are expected to take A.1. in the Description column of figure public interest require adopting this AD a few seconds to complete, are required 1 to paragraph (g) of the proposed AD, with the changes described previously by section 91.403(c) of the Federal which states to ‘‘do all operational and minor editorial changes. We have Aviation Regulations (14 CFR 91.403(c)) checks . . .,’’ the word ‘‘all’’ should be determined that these minor changes: once incorporated into the maintenance removed because the operational check • Are consistent with the intent that or inspection program. is a singular check. was proposed in the NPRM (79 FR The cost analysis in AD rulemaking We agree with the commenters’ 20834, April 14, 2014) for correcting the actions typically includes only the costs request. We have revised item A.1. in unsafe condition; and associated with complying with the AD. the Description column of figure 1 to • Do not add any additional burden In this AD, the required action is the paragraph (g) of this AD accordingly. upon the public than was already maintenance or inspection program Boeing also requested that certain proposed in the NPRM (79 FR 20834, revision, as applicable, to include the other typographical errors in the April 14, 2014). new airworthiness limitation. proposed AD (79 FR 20834, April 14, Accomplishing repetitive actions that 2014) be corrected to reduce the We also determined that these are specified in the airworthiness possibility of confusion regarding the changes will not increase the economic limitation are not directly required by requirements. Boeing stated that the burden on any operator or increase the this AD. The FAA, as a matter of Description column in figure 1 to scope of this AD. practice, does not include a cost paragraph (g) of the proposed AD Interim Action estimate for these repetitive actions in should be revised as follows: an AD because these actions are • Step B.2. has been skipped, and We consider this AD interim action. required as part of the operating rules. needs to be renumbered. The manufacturer is currently Therefore, we have made no change to • In step B.1.a., the text ‘‘START developing a modification that will this AD in this regard. LEVEL STAND’’ should be changed to address the unsafe condition identified ‘‘START LEVER ON CONTROL in this AD. Once this modification is Request To Clarify Wording for STAND.’’ developed, approved, and available, we Operational Check Without Engine • Steps C.2. and C.3. should be might consider additional rulemaking. Operation combined and renumbered. Costs of Compliance UAL requested we revise the wording • In step C.5.a., the text ‘‘ENG @’’ of the operational check without engine should be changed to ‘‘ENG 2.’’ We estimate that this AD affects 1,244 operation. UAL stated that in item C.3.a. We disagree with the comment. The airplanes of U.S. registry. and item C.4.a. in the Description stated typographical errors for step We estimate the following costs to column of figure 1 to paragraph (g) of B.1.a., step B.2., and step C.5.a., do not comply with this AD:

ESTIMATED COSTS

Cost per Cost on Action Labor cost Parts cost product U.S. operators

Incorporating Airworthiness Limitation ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $105,740

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55533

Authority for This Rulemaking (2) Is not a ‘‘significant rule’’ under (c) Applicability DOT Regulatory Policies and Procedures This AD applies to all The Boeing Title 49 of the United States Code (44 FR 11034, February 26, 1979), Company Model 737–600, –700, –700C, specifies the FAA’s authority to issue (3) Will not affect intrastate aviation –800, –900, and –900ER series airplanes, rules on aviation safety. Subtitle I, in Alaska, and certificated in any category. section 106, describes the authority of (4) Will not have a significant the FAA Administrator. Subtitle VII: economic impact, positive or negative, (d) Subject Aviation Programs, describes in more on a substantial number of small entities Joint Aircraft System Component (JASC) detail the scope of the Agency’s under the criteria of the Regulatory Code 2823, Fuel Selector/Shutoff Valve. authority. Flexibility Act. (e) Unsafe Condition We are issuing this rulemaking under List of Subjects in 14 CFR Part 39 This AD was prompted by reports of the authority described in Subtitle VII, Air transportation, Aircraft, Aviation latently failed fuel shutoff valves discovered Part A, Subpart III, Section 44701: safety, Incorporation by reference, during fuel filter replacement. We are issuing ‘‘General requirements.’’ Under that Safety. this AD to detect and correct latent failures section, Congress charges the FAA with of the fuel shutoff valve to the engine, which promoting safe flight of civil aircraft in Adoption of the Amendment could result in the inability to shut off fuel air commerce by prescribing regulations Accordingly, under the authority to the engine and, in case of certain engine for practices, methods, and procedures delegated to me by the Administrator, fires, an uncontrollable fire that could lead to the Administrator finds necessary for the FAA amends 14 CFR part 39 as wing failure. safety in air commerce. This regulation follows: is within the scope of that authority (f) Compliance because it addresses an unsafe condition PART 39—AIRWORTHINESS Comply with this AD within the that is likely to exist or develop on DIRECTIVES compliance times specified, unless already products identified in this rulemaking done. action. ■ 1. The authority citation for part 39 continues to read as follows: (g) Revision of Maintenance or Inspection Regulatory Findings Program Authority: 49 U.S.C. 106(g), 40113, 44701. Within 30 days after the effective date of This AD will not have federalism § 39.13 [Amended] this AD, revise the maintenance or inspection implications under Executive Order program, as applicable, to add airworthiness ■ 2. The FAA amends § 39.13 by adding 13132. This AD will not have a limitation number 28–AWL–MOV, ‘‘Engine substantial direct effect on the States, on the following new airworthiness Fuel Shutoff Valve (Fuel Spar Valve) Position the relationship between the national directive (AD): Indication Operational Check,’’ by government and the States, or on the 2015–19–03 The Boeing Company: incorporating the information specified in distribution of power and Amendment 39–18266; Docket No. figure 1 to paragraph (g) of this AD into the responsibilities among the various FAA–2014–0194; Directorate Identifier Airworthiness Limitations Section of the 2014–NM–022–AD. levels of government. Instructions for Continued Airworthiness. The initial compliance time for For the reasons discussed above, I (a) Effective Date This AD is effective October 21, 2015. accomplishing the actions specified in 28– certify that this AD: AWL–MOV is within 10 days after (1) Is not a ‘‘significant regulatory (b) Affected ADs accomplishing the maintenance or inspection action’’ under Executive Order 12866, None. program revision required by this paragraph.

FIGURE 1 TO PARAGRAPH (g) OF THIS AD—ENGINE FUEL SHUTOFF VALVE (FUEL SPAR VALVE) POSITION INDICATION OPERATIONAL CHECK

AWL No. Task Interval Applicability Description

28–AWL–MOV ...... ALI DAILY ...... 737–600, –700, –700C, Engine Fuel Shutoff Valve (Fuel Spar Valve) Position INTERVAL NOTE: The –800, –900, and –900ER Indication Operational Check. operational check is not series airplanes. Concern: The fuel spar valve actuator design can re- required on days when APPLICABILITY NOTE: sult in airplanes operating with a failed fuel spar the airplane is not used Only applies to airplanes valve actuator that is not reported. A latently failed in revenue service. The with a fuel spar valve ac- fuel spar valve actuator could prevent fuel shutoff to check must be done be- tuator having part num- an engine. In the event of certain engine fires, the fore further flight once ber MA20A2027 potential exists for an engine fire to be uncontrol- the airplane is returned (S343T003–56) or lable. to revenue service. MA30A1001 Perform one of the following checks of the engine fuel (S343T003–66) installed spar valve position (unless checked by the at the engine fuel spar flightcrew in a manner approved by the principal op- valve positions. erations inspector): A. Operational Check during engine shutdown. 1. Do an operational check of the left engine fuel spar valve actuator. a. As the ENG 1 START LEVER on the CONTROL STAND is moved to the CUTOFF position, verify the SPAR VALVE CLOSED indication light on the OVERHEAD PANEL for No.1 Engine changes from OFF to BRIGHT then DIM. b. If the test fails (bright light fails to illuminate), before further flight, repair faults as required (refer to Boe- ing Aircraft Maintenance Manual (AMM) 28–22–11).

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55534 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

FIGURE 1 TO PARAGRAPH (g) OF THIS AD—ENGINE FUEL SHUTOFF VALVE (FUEL SPAR VALVE) POSITION INDICATION OPERATIONAL CHECK—Continued

AWL No. Task Interval Applicability Description

2. Do an operational check of the right engine fuel spar valve actuator. a. As the ENG 2 START LEVER on the CONTROL STAND is moved to the CUTOFF position, verify the SPAR VALVE CLOSED indication light on the OVERHEAD PANEL for No. 2 Engine changes from OFF to BRIGHT then DIM. b. If the test fails (bright light fails to illuminate), before further flight, repair faults as required (refer to Boe- ing AMM 28–22–11). B. Operational check during engine start. 1. Do an operational check of the left engine fuel spar valve actuator. a. As the ENG 1 START LEVER on the CONTROL STAND is moved to the IDLE position, verify the SPAR VALVE CLOSED indication light on the OVERHEAD PANEL for No. 1 Engine changes from DIM to BRIGHT then OFF. b. If the test fails (bright light fails to illuminate), before further flight, repair faults as required (refer to Boe- ing AMM 28–22–11). 2. Do an operational check of the right engine fuel spar valve actuator. a. As the ENG 2 START LEVER on the CONTROL STAND is moved to the IDLE position, verify the SPAR VALVE CLOSED indication light on the OVERHEAD PANEL for No. 2 Engine changes from DIM to BRIGHT then OFF. b. If the test fails (bright light fails to illuminate), before further flight, repair faults as required (refer to Boe- ing AMM 28–22–11). C. Operational check without engine operation. 1. Supply electrical power to airplane using standard practices. 2. Make sure No. 1 and No. 2 Engine FIRE switches on the Aft Electronic Panel are in the NORMAL (IN) position. 3. Make sure No. 1 and No. 2 Engine Start Switches on the Forward Overhead Panel are in the OFF or AUTO position. 4. Do an operational check to the left engine fuel spar valve actuator. a. Move ENG 1 START LEVER on the CONTROL STAND to the IDLE position and wait approximately 10 seconds. NOTE: It is normal under this test condition for the ENG VALVE CLOSED indication light on the OVER- HEAD PANEL to transition from DIM to BRIGHT and stay BRIGHT. b. Move ENG 1 START LEVER on the CONTROL STAND to the CUTOFF position. c. Verify the SPAR VALVE CLOSED indication light on the OVERHEAD PANEL for No. 1 Engine changes from OFF to BRIGHT then DIM. d. If the test fails (bright light fails to illuminate), before further flight, repair faults as required (refer to Boe- ing AMM 28–22–11). 5. Do an operational check of the right engine fuel spar valve actuator. a. Move ENG 2 START LEVER on the CONTROL STAND to the IDLE position and wait approximately 10 seconds. NOTE: It is normal under this test condition for the ENG VALVE CLOSED indication light on the OVER- HEAD PANEL to transition from DIM to BRIGHT and stay BRIGHT. b. Move ENG 2 START LEVER on the CONTROL STAND to the CUTOFF position.

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55535

FIGURE 1 TO PARAGRAPH (g) OF THIS AD—ENGINE FUEL SHUTOFF VALVE (FUEL SPAR VALVE) POSITION INDICATION OPERATIONAL CHECK—Continued

AWL No. Task Interval Applicability Description

c. Verify the SPAR VALVE CLOSED indication light on the OVERHEAD PANEL for No. 2 Engine changes from OFF to BRIGHT then DIM. d. If the test fails (bright light fails to illuminate), before further flight, repair faults as required (refer to Boe- ing AMM 28–22–11). D. Perform an inspection of the engine fuel spar valve actuator position. NOTE: This inspection may be used whenever the SPAR VALVE light does not function properly. 1. Make sure the L FUEL CONTROL switch on the quadrant control stand is in the CUTOFF position. NOTE: It is not necessary to cycle the FUEL CON- TROL switch to do this inspection. 2. Inspect the left engine fuel spar valve actuator lo- cated in the left rear spar. NOTE: The left engine fuel spar valve actuator is on the left wing front spar outboard of the engine strut. Access is through access panel 521BB on the left wing leading edge. a. Verify the manual override handle on the engine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any engine fuel spar valve actu- ator that is not in the CLOSED position (refer to Boeing AMM 28–22–11). 3. Make sure the R FUEL CONTROL switch on the quadrant control stand is in the CUTOFF position. NOTE: It is not necessary to cycle the FUEL CON- TROL switch to do this inspection. 4. Inspect the right engine fuel spar valve actuator lo- cated in the right rear spar. NOTE: The right engine fuel spar valve actuator is on the right wing front spar outboard of the engine strut. Access is through access panel 621BB on the right wing leading edge. a. Verify the manual override handle on the engine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any engine fuel spar valve actu- ator that is not in the CLOSED position (refer to Boeing AMM 28–22–11).

(h) No Alternative Actions or Intervals or lacking a principal inspector, the manager DEPARTMENT OF TRANSPORTATION After accomplishment of the maintenance of the local flight standards district office/ or inspection program revision required by certificate holding district office. Federal Aviation Administration paragraph (g) of this AD, no alternative (j) Related Information actions (e.g., inspections) or intervals may be 14 CFR Part 95 used unless the actions or intervals are For more information about this AD, approved as an alternative method of contact Rebel Nichols, Aerospace Engineer, [Docket No. 31039; Amdt. No. 522] compliance (AMOC) in accordance with the Propulsion Branch, ANM–140S, FAA, Seattle procedures specified in paragraph (i)(1) of Aircraft Certification Office, 1601 Lind IFR Altitudes; Miscellaneous this AD. Avenue SW., Renton, WA 98057–3356; Amendments (i) Alternative Methods of Compliance phone: 425–917–6509; fax: 425–917–6590; AGENCY: Federal Aviation (AMOCs) email: [email protected]. Administration (FAA), DOT. (1) The Manager, Seattle Aircraft (k) Material Incorporated by Reference Certification Office (ACO) FAA, has the ACTION: Final rule authority to approve AMOCs for this AD, if None. requested using the procedures found in 14 SUMMARY: This amendment adopts Issued in Renton, Washington, on CFR 39.19. In accordance with 14 CFR 39.19, miscellaneous amendments to the send your request to your principal inspector September 7, 2015. required IFR (instrument flight rules) or local Flight Standards District Office, as Jeffrey E. Duven, altitudes and changeover points for appropriate. If sending information directly Manager, Transport Airplane Directorate, certain Federal airways, jet routes, or to the manager of the ACO, send it to the Aircraft Certification Service. direct routes for which a minimum or attention of the person identified in maximum en route authorized IFR paragraph (j) of this AD. Information may be [FR Doc. 2015–23117 Filed 9–15–15; 8:45 am] altitude is prescribed. This regulatory emailed to: 9-ANM-Seattle-ACO-AMOC- BILLING CODE 4910–13–P [email protected]. action is needed because of changes (2) Before using any approved AMOC, occurring in the National Airspace notify your appropriate principal inspector, System. These changes are designed to

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55536 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

provide for the safe and efficient use of the need for this amendment involve Regulatory Policies and Procedures (44 the navigable airspace under instrument matters of flight safety and operational FR 11034; February 26, 1979); and (3) conditions in the affected areas. efficiency in the National Airspace does not warrant preparation of a DATES: Effective 0901 UTC, October 15, System, are related to published regulatory evaluation as the anticipated 2015. aeronautical charts that are essential to impact is so minimal. For the same FOR FURTHER INFORMATION CONTACT: the user, and provide for the safe and reason, the FAA certifies that this Richard A. Dunham, Flight Procedure efficient use of the navigable airspace. amendment will not have a significant Standards Branch (AMCAFS–420), In addition, those various reasons or economic impact on a substantial Flight Technologies and Programs circumstances require making this number of small entities under the Division, Flight Standards Service, amendment effective before the next criteria of the Regulatory Flexibility Act. scheduled charting and publication date Federal Aviation Administration, Mike List of Subjects in 14 CFR Part 95 Monroney Aeronautical Center, 6500 of the flight information to assure its South MacArthur Blvd., Oklahoma City, timely availability to the user. The Airspace, Navigation (air). OK 73169 (Mail Address: P.O. Box effective date of this amendment reflects Issued in Washington, DC on September 25082, Oklahoma City, OK 73125) those considerations. In view of the 11, 2015. telephone: (405) 954–4164. close and immediate relationship John Duncan, SUPPLEMENTARY INFORMATION: This between these regulatory changes and Director, Flight Standards Service. amendment to part 95 of the Federal safety in air commerce, I find that notice Adoption of the Amendment Aviation Regulations (14 CFR part 95) and public procedure before adopting amends, suspends, or revokes IFR this amendment are impracticable and Accordingly, pursuant to the altitudes governing the operation of all contrary to the public interest and that authority delegated to me by the aircraft in flight over a specified route good cause exists for making the Administrator, part 95 of the Federal or any portion of that route, as well as amendment effective in less than 30 Aviation Regulations (14 CFR part 95) is the changeover points (COPs) for days. amended as follows effective at 0901 Federal airways, jet routes, or direct Conclusion UTC, October 15, 2015. routes as prescribed in part 95. The FAA has determined that this PART 95—[AMENDED] The Rule regulation only involves an established The specified IFR altitudes, when body of technical regulations for which ■ 1. The authority citation for part 95 used in conjunction with the prescribed frequent and routine amendments are continues to read as follows: changeover points for those routes, necessary to keep them operationally Authority: 49 U.S.C. 106(g), 40103, 40106, ensure navigation aid coverage that is current. It, therefore—(1) is not a 40113, 40114, 40120, 44502, 44514, 44719, adequate for safe flight operations and ‘‘significant regulatory action’’ under 44721. free of frequency interference. The Executive Order 12866; (2) is not a ■ 2. Part 95 is amended to read as reasons and circumstances that create ‘‘significant rule’’ under DOT follows:

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT [Amendment 522, effective date October 15, 2015]

From To MEA

COLOR ROUTES

§ 95.512 GREEN FEDERAL AIRWAY G12 IS AMENDED TO READ IN PART

ELFEE, AK NDB ...... BORLAND, AK NDB/DME ...... 10000 BORLAND, AK NDB/DME ...... PORT HEIDEN, AK NDB/DME ...... 10000 PORT HEIDEN, AK NDB/DME ...... CHINOOK, AK NDB ...... 2500

§ 95.6001 VICTOR ROUTES—U.S.

§ 95.6002 VOR FEDERAL AIRWAY V2 IS AMENDED TO READ IN PART

*BEEZR, WA FIX ...... ELLENSBURG, WA VORTAC ...... **8000 *9000—MRA **7200—MOCA

§ 95.6006 VOR FEDERAL AIRWAY V6 IS AMENDED TO READ IN PART

DRYER, OH VOR/DME ...... *MOROW, OH FIX ...... 3100 *5000—MCA MOROW, OH FIX, E BND MOROW, OH FIX ...... *HIRES, OH FIX ...... **5000 *3500—MCA HIRES, OH FIX, W BND **2700—MOCA **3000—GNSS MEA

§ 95.6031 VOR FEDERAL AIRWAY V31 IS AMENDED TO READ IN PART

ROCHESTER, NY VOR/DME ...... *AIRCO, NY FIX ...... 4000

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55537

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 522, effective date October 15, 2015]

From To MEA

*6000—MRA

§ 95.6031 VOR FEDERAL AIRWAY V31 IS AMENDED TO DELETE

AIRCO, NY FIX ...... U.S. CANADIAN BORDER ...... *8000 *4000—GNSS MEA

§ 95.6036 VOR FEDERAL AIRWAY V36 IS AMENDED TO DELETE

U.S. CANADIAN BORDER ...... BUFFALO, NY VOR/DME ...... #*6000 *2700—MOCA *3000—GNSS MEA #BUFFALO R–314 UNUSABLE BELOW 6000

§ 95.6077 VOR FEDERAL AIRWAY V77 IS AMENDED TO READ IN PART

*FLOSS, KS FIX ...... HEYDN, KS FIX ...... **5000 *5000—MRA **2900—MOCA

§ 95.6098 VOR FEDERAL AIRWAY V98 IS AMENDED TO DELETE

U.S. CANADIAN BORDER ...... MASSENA, NY VORTAC ...... 2100 MASSENA, NY VORTAC ...... U.S. CANADIAN BORDER ...... #*2100 *2100—GNSS MEA #GNSS MEA ONLY MASSENA R–085 UNUSABLE. GNSS REQUIRED

§ 95.6132 VOR FEDERAL AIRWAY V132 IS AMENDED TO READ IN PART

WAIVE, KS FIX ...... *FLOSS, KS FIX ...... 3300 *5000—MRA *5000—MCA FLOSS, KS FIX, SE BND

§ 95.6164 VOR FEDERAL AIRWAY V164 IS AMENDED TO DELETE

U.S. CANADIAN BORDER ...... *BULGE, NY FIX ...... 3100 *6000—MCA BULGE, NY FIX, S BND BULGE, NY FIX ...... BUFFALO, NY VOR/DME ...... *6000 *2100—MOCA *3000—GNSS MEA

§ 95.6252 VOR FEDERAL AIRWAY V252 IS AMENDED TO DELETE

U.S. CANADIAN BORDER ...... BULGE, NY FIX ...... 3100 BULGE, NY FIX ...... AIRCO, NY FIX ...... *4000 *2400—MOCA

§ 95.6252 VOR FEDERAL AIRWAY V252 IS AMENDED TO READ IN PART

*AIRCO, NY FIX ...... GENESEO, NY VOR/DME ...... **4000 *6000—MRA **2800—MOCA

§ 95.6280 VOR FEDERAL AIRWAY V280 IS AMENDED TO READ IN PART

CHISUM, NM VORTAC ...... *FRAIZ, NM FIX ...... **6500 *7500—MRA **5900—MOCA *FRAIZ, NM FIX ...... DEBRA, NM FIX ...... **7500 *7500—MRA **5900—MOCA DEBRA, NM FIX ...... TEXICO, TX VORTAC. NE BND ...... *6500 SW BND ...... *7500 *5800—MOCA BUHLS, KS FIX ...... STONS, KS FIX ...... *4500 *2900—MOCA STONS, KS FIX ...... HEYDN, KS FIX ...... *5000

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55538 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 522, effective date October 15, 2015]

From To MEA

*2900—MOCA

§ 95.6298 VOR FEDERAL AIRWAY V298 IS AMENDED TO READ IN PART

PERTT, WA FIX ...... YAKIMA, WA VORTAC ...... 6600

§ 95.6426 VOR FEDERAL AIRWAY V426 IS AMENDED TO READ IN PART

CARLETON, MI VORTAC ...... SALFE, OH FIX ...... *4000 *3000—GNSS MEA SALFE, OH FIX ...... AMRST, OH FIX ...... # #UNUSABLE

§ 95.6450 VOR FEDERAL AIRWAY V450 IS AMENDED TO READ IN PART

MUSKEGON, MI VORTAC ...... GIBER, MI FIX ...... *3000 *2400—MOCA GIBER, MI FIX ...... LUGGS, MI FIX ...... *4000 *2400—MOCA LUGGS, MI FIX ...... FLINT, MI VORTAC ...... *3000 *2400—MOCA Airway segment Changeover points From To Distance From

§ 95.8003 VOR FEDERAL AIRWAY CHANGEOVER POINT

V2 IS AMENDED TO ADD CHANGEOVER POINT

SEATTLE, WA VORTAC ...... ELLENSBURG, WA VORTAC ...... 47 SEATTLE.

V198 IS AMENDED TO ADD CHANGEOVER POINT

SEATTLE, WA VORTAC ...... ELLENSBURG, WA VORTAC ...... 47 SEATTLE.

V450 IS AMENDED TO DELETE CHANGEOVER POINT

MUSKEGON, MI VORTAC ...... FLINT, MI VORTAC ...... 54 MUSKEGON

[FR Doc. 2015–23265 Filed 9–15–15; 8:45 am] method rule under section 482 of the Background BILLING CODE 4910–13–P Internal Revenue Code (Code) in conjunction with other provisions of the Regulations under section 482 Code. The text of the temporary published in the Federal Register (33 DEPARTMENT OF THE TREASURY regulations also serves in part as the text FR 5848) on April 16, 1968, provided of the proposed regulations (REG– guidance on methods for applying the Internal Revenue Service 139483–13) published in the Proposed arm’s length standard to evaluate Rules section of this issue of the Federal controlled transactions, including 26 CFR Part 1 Register. This document also contains transfers of tangible and intangible [TD 9738] final regulations that add cross- property, the provision of services, and references in the existing final loans or advances. Subsequent revisions RIN 1545–BM72 regulations under section 482 to and updates of the transfer pricing regulations were published in the Clarification of the Coordination of the relevant sections of these temporary Federal Register on July 8, 1994, Dec. Transfer Pricing Rules With Other regulations. Code Provisions 20, 1995, May 13, 1996, Aug. 26, 2003, DATES: Effective date: These regulations Aug. 4, 2009, Dec. 22, 2011, and Aug. AGENCY: Internal Revenue Service (IRS), are effective on September 14, 2015. 27, 2013 (59 FR 34971, 60 FR 65553, 61 Treasury. Applicability date: For dates of FR 21955, 68 FR 51171, 74 FR 38830, ACTION: Final and temporary applicability, see § 1.482–1T(j)(7)(i). 76 FR 80082, and 78 FR 52854, regulations. respectively). FOR FURTHER INFORMATION CONTACT: SUMMARY: This document contains Frank W. Dunham III, (202) 317–6939 temporary regulations that clarify the (not a toll-free call). coordination of the application of the arm’s length standard and the best SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55539

Explanation of Provisions comparables. See § 1.482–1(c)(2)(i) and pricing rules. In particular, the Treasury I. Overview—Consistent Valuation of (d)(3). For example, if consideration of Department and the IRS are concerned Controlled Transactions for All Code the facts and circumstances reveals about situations in which controlled Purposes synergies among interrelated groups evaluate economically integrated transactions, an aggregate evaluation transactions involving economically Section 482 authorizes the Secretary, under section 482 may provide a more integrated contributions, synergies, and and the regulations under section 482 reliable measure of an arm’s length interrelated value on a separate basis in authorize the IRS, to adjust the results result than a separate evaluation of the a manner that results in a of controlled transactions to clearly transactions. In contrast, an inconsistent misapplication of the best method rule reflect the income of commonly or uncoordinated application of section and fails to reflect an arm’s length controlled taxpayers in accordance with 482 to interrelated controlled result. Taxpayers may assert that, for the arm’s length standard and, in the transactions that are subject to tax under purposes of section 482, separately case of the transfer of intangible different Code and regulatory provisions evaluating interrelated transactions is property (within the meaning of section may lead to inappropriate conclusions. appropriate simply because different 936(h)(3)(B)), so as to be commensurate The best method rule requires a statutes or regulations apply to the with the income attributable to the determination of the arm’s length result transactions (for example, where section intangible. While the determination of of controlled transactions under the 367 and the regulations thereunder arm’s length prices for controlled method, and particular application of apply to one transaction and the general transactions is governed by section 482, that method, that provides the most recognition rules of the Code apply to the tax treatment of controlled reliable measure of an arm’s length another related transaction). These transactions is also governed by other result. Under the regulations, the positions are often combined with Code and regulatory rules applicable to reliability of the measure depends on inappropriately narrow interpretations both controlled and uncontrolled the economics of the controlled of § 1.482–4(b)(6), which provides transactions. Controlled transactions transactions, not their formal character. guidance on when an item is considered always remain subject to section 482 in See, e.g., §§ 1.482–2A(e)(3)(vii) and similar to the other items identified as addition to these generally applicable 1.482–3(c)(3)(ii)(D) (use of sales agent’s constituting intangibles for purposes of provisions. These temporary regulations commission as comparable for reseller’s section 482. The interpretations purport clarify the coordination of section 482 appropriate markup under the resale to have the effect, contrary to the arm’s and the regulations thereunder with price method); §§ 1.482–2A(e)(4)(iv) and length standard, of requiring no such other Code and regulatory 1.482–3(d)(3)(ii)(D) (use of purchasing provisions. compensation for certain value provided agent’s commission as comparable for in controlled transactions despite the The coordination rules in these producer’s appropriate gross profit temporary regulations apply to fact that compensation would be paid if percentage under the cost-plus method); the same value were provided in controlled transactions, including and § 1.482–9(i)(4) and (5), Examples 1 controlled transactions that are subject uncontrolled transactions. and 3 (reference to charges for transfers As discussed in the following portion in whole or part to both sections 367 of property as relevant to the and 482. Transfers of property subject to of this preamble, these temporary determination of a contingent-payment regulations address the aforementioned section 367 that occur between services charge). Realistic alternative controlled taxpayers require a consistent concerns by clarifying the coordination transactions that, on a risk-adjusted of the application of section 482 in and coordinated application of sections basis, reflect arrangements that are 367 and 482 to the controlled transfer of conjunction with other Code and economically equivalent to those in the regulatory provisions in determining the property and any related transactions controlled transactions may provide the between controlled taxpayers. The proper tax treatment of controlled basis for application of unspecified transactions. controlled transactions may include methods to determine the most reliable transfers of property subject to section measure of an arm’s length result in the II. Detailed Explanation of Provisions 367(a) or (e), transfers of intangible controlled transactions. See, e.g., A. Compensation Independent of the property subject to section 367(d) or (e), §§ 1.482–1(f)(2)(ii)(A), 1.482–3(e)(1), and the provision of services that Form or Character of Controlled 1.482–4(d)(1), 1.482–7(g)(8), and 1.482– Transaction—§ 1.482–1T(f)(2)(i)(A) contribute significantly to maintaining, 9(h). Thus, although a taxpayer may exploiting, or further developing the choose among different transactional New § 1.482–1T(f)(2)(i)(A) provides transferred properties. All of the forms—for example, a long-term license, that arm’s length compensation must be transactions (and any elements thereof) research and development services, a consistent with, and must account for must be analyzed and valued on a cost sharing arrangement, or a transfer all of, the value provided between the consistent basis under section 482 in subject to section 367—specified and parties in a controlled transaction, order to achieve the intended purposes unspecified methods applicable to each without regard to the form or character of sections 367 and 482. form will provide consistent arm’s of the transaction. For this purpose, it is The consistent analysis and valuation length results for economically necessary to consider the entire of transactions subject to multiple Code equivalent transactions. arrangement between the parties, as and regulatory provisions is required Based upon taxpayer positions that determined by the contractual terms, under the best method rule described in the IRS has encountered in whether written or imputed in § 1.482–1(c). A best method analysis examinations and controversy, the accordance with the economic under section 482 begins with a Treasury Department and the IRS are substance of the arrangement, in light of consideration of the facts and concerned that certain results reported the actual conduct of the parties. This circumstances related to the functions by taxpayers reflect an asserted form or requirement is consistent with the performed, the resources employed, and character of the parties’ arrangement principles underlying the arm’s length the risks assumed in the actual that involves an incomplete assessment standard, which require arm’s length transaction or transactions among the of relevant functions, resources, and compensation in controlled transactions controlled taxpayers, as well as in any risks and an inappropriately narrow equal to the compensation that would uncontrolled transactions used as analysis of the scope of the transfer have occurred if a similar transaction

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55540 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

had occurred between similarly situated of the arm’s length results, for purposes preamble, under currently applicable uncontrolled taxpayers. See § 1.482– of all relevant Code and regulatory Code or regulatory provisions or judicial 1(b)(1). Accordingly, no inference may provisions. For example, situations in doctrines. be drawn from any provision in the which a coordinated best method Effective/Applicability Date section 482 regulations that any transfer analysis and evaluation may be of value may be made without arm’s necessary include (1) two or more These regulations apply to taxable length compensation. interrelated transactions when either all years ending on or after September 14, such transactions are governed by one 2015. B. Aggregate or Separate Analysis, regulation under section 482 or all such Depending on Economic Special Analyses transactions are governed by one Interrelatedness of Controlled subsection of section 367, (2) two or Certain IRS regulations, including this Transactions, Including Synergies— more interrelated transactions governed one, are exempt from the requirements § 1.482–1T(f)(2)(i)(B) by two or more regulations under of Executive Order 12866, as Section 1.482–1T(f)(2)(i)(B) clarifies section 482, (3) a transfer of property supplemented and reaffirmed by § 1.482–1(f)(2)(i)(A), which provided subject to section 367(a) and an Executive Order 13563. Therefore, a that the combined effect of two or more interrelated transfer of property subject regulatory impact assessment is not separate transactions (whether before, to section 367(d), (4) two or more required. It has been determined that during, or after the year under review) interrelated transactions where section section 553(b) of the Administrative may be considered if such transactions, 367 applies to one transaction and the Procedure Act (5 U.S.C. chapter 5) does taken as a whole, are so interrelated that general recognition rules of the Code not apply to this regulation. For an aggregate analysis of such apply to another interrelated applicability of the Regulatory transactions provides the most reliable transaction, and (5) other circumstances Flexibility Act (5 U.S.C. chapter 6), refer measure of an arm’s length result in which controlled transactions require to the cross-referenced notice of determined under the best method rule analysis under multiple Code and proposed rulemaking published of § 1.482–1(c). Specifically, a new regulatory provisions. elsewhere in this issue of the Federal clause is added to clarify that this Section 1.482–1T(f)(2)(i)(D) provides Register. Pursuant to section 7805(f) of aggregation principle also applies for that it may be necessary to allocate the the Internal Revenue Code, these purposes of an analysis under multiple arm’s length result that was properly regulations have been submitted to the provisions of the Code or regulations. In determined under a coordinated best Chief Counsel for Advocacy of the Small addition, a new sentence elaborates on method analysis described in § 1.482– Business Administration for comment the aggregation principle by noting that 1T(f)(2)(i)(C) among the interrelated on their impact on small business. consideration of the combined effect of transactions. Any such allocation must Drafting Information two or more transactions may be be made using the method that, under appropriate to determine whether the the facts and circumstances, provides The principal author of these overall compensation is consistent with the most reliable measure of an arm’s regulations is Frank W. Dunham III of the value provided, including any length result for each allocated amount. the Office of the Associate Chief synergies among items and services Counsel (International). However, other provided. Finally, § 1.482–1T(f)(2)(i)(B) D. Examples of Coordinated Best personnel from the Treasury does not retain the statement in § 1.482– Method Analysis Under Multiple Code Department and the IRS participated in 1(f)(2)(i)(A) that transactions generally or Regulatory Provisions—§ 1.482– the development of the regulations. will be aggregated only when they 1T(f)(2)(i)(E) List of Subjects in 26 CFR Part 1 involve ‘‘related products or services, as Section 1.482–1T(f)(2)(i)(E) provides defined in § 1.6038A–3(c)(7)(vii).’’ The eleven examples to illustrate the Income taxes, Reporting and eliminated sentence had the unintended guidance in § 1.482–1T(f)(2)(i)(A) recordkeeping requirements. potential to be misconstrued by through (D). Examples 1 through 4 are Amendments to the Regulations taxpayers as limiting the aggregation materially the same as the Examples in analysis pursuant to the best method § 1.482–1(f)(2)(i)(B). The Treasury Accordingly, 26 CFR part 1 is rule. Department and the IRS do not intend amended as follows: for the revisions to those examples to be C. Aggregation and Allocation for PART 1—INCOME TAXES interpreted as substantive. The rest of Purposes of Coordinated Analysis the examples are new. ■ Under Multiple Code or Regulatory Paragraph 1. The authority citation Section 1.482–1T(f)(2)(ii)(B) replaces for part 1 is amended by adding an entry Provisions—§§ 1.482–1T(f)(2)(i)(C) and § 1.482–1(f)(2)(ii)(B). The Example 1.482–1T(f)(2)(i)(D) in numerical order to read in part as included in § 1.482–1T(f)(2)(ii)(B) is follows: Section 1.482–1T(f)(2)(i)(C) provides materially the same as the old example that, for one or more controlled and has been updated to replace the Authority: 26 U.S.C. 7805 * * * Sections 1.482–1 and 1.482–1T are also transactions governed by more than one term ‘‘district director’’ and to include issued under 26 U.S.C. 482. * * * provision of the Code and regulations, a cross-references to Examples 7 and 8 in ■ coordinated best method analysis and § 1.482–1T(f)(2)(i)(E). The Treasury Par. 2. Section 1.482–0 is amended by evaluation of the transactions may be Department and the IRS do not intend revising the entries for § 1.482–1(f)(2)(i) necessary to ensure that the overall for the revisions to this example to be and (f)(2)(ii)(B) to read as follows: value provided (including any interpreted as substantive. § 1.482–0 Outline of regulations under synergies) is properly taken into No inference is intended as to the section 482. account. A coordinated best method application of the provisions amended * * * * * analysis of the transactions includes a by these temporary regulations under consistent consideration of the facts and current law. The IRS may, where § 1.482–1 Allocation of income and circumstances of the functions appropriate, challenge transactions, deductions among taxpayers. performed, resources employed, and including those described in these * * * * * risks assumed, and a consistent measure temporary regulations and this (f) * * *

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55541

(2) * * * the best method rule of § 1.482–1(c). S3 are foreign corporations that are (i) [Reserved] Whether two or more transactions are wholly owned by P. (ii) * * * evaluated separately or in the aggregate Example 1. Aggregation of interrelated (B) [Reserved] depends on the extent to which the licensing, manufacturing, and selling * * * * * transactions are economically activities. P enters into a license agreement with S1 that permits S1 to use a proprietary ■ Par. 3. Section 1.482–1 is amended by interrelated and on the relative reliability of the measure of an arm’s manufacturing process and to sell the output revising paragraphs (f)(2)(i) and from this process throughout a specified (f)(2)(ii)(B) and adding paragraph (j)(7) length result provided by an aggregate analysis of the transactions as compared region. S1 uses the manufacturing process to read as follows: and sells its output to S2, which in turn to a separate analysis of each resells the output to uncontrolled parties in § 1.482–1 Allocation of income and transaction. For example, consideration the specified region. In evaluating whether deductions among taxpayers. of the combined effect of two or more the royalty paid by S1 to P is an arm’s length * * * * * transactions may be appropriate to amount, it may be appropriate to evaluate the (f) * * * determine whether the overall royalty in combination with the transfer (2) * * * compensation in the transactions is prices charged by S1 to S2 and the aggregate (i)(A) through (E) [Reserved]. For consistent with the value provided, profits earned by S1 and S2 from the use of including any synergies among items the manufacturing process and the sale to further guidance see § 1.482– uncontrolled parties of the products 1T(f)(2)(i)(A) through (E). and services provided. produced by S1. (ii) * * * (C) Coordinated best method analysis Example 2. Aggregation of interrelated (B) [Reserved]. For further guidance and evaluation. Consistent with the manufacturing, marketing, and services see § 1.482–1T(f)(2)(ii)(B). principles of paragraphs (f)(2)(i)(A) and activities. S1 is the exclusive Country Z * * * * * (B) of this section, a coordinated best distributor of computers manufactured by P. S2 provides marketing services in connection (j) * * * method analysis and evaluation of two or more controlled transactions to with sales of P computers in Country Z and (7) [Reserved]. For further guidance in this regard uses significant marketing see § 1.482–1T(j)(7). which one or more provisions of the intangibles provided by P. S3 administers the ■ Par. 4. Section 1.482–1T is added to Code or regulations apply may be warranty program with respect to P read as follows: necessary to ensure that the overall computers in Country Z, including value provided, including any maintenance and repair services. In § 1.482–1T Allocation of income and synergies, is properly taken into evaluating whether the transfer prices paid deductions among taxpayers (temporary). account. A coordinated best method by S1 to P, the fees paid by S2 to P for the (a) through (f)(2) [Reserved]. For analysis would include a consistent use of P marketing intangibles, and the consideration of the facts and service fees earned by S2 and S3 are arm’s further guidance see § 1.482–1(a) length amounts, it would be appropriate to through (f)(2). circumstances of the functions perform an aggregate analysis that considers (i) Compensation independent of the performed, resources employed, and the combined effects of these interrelated form or character of controlled risks assumed in the relevant transactions if they are most reliably transaction—(A) In general. All value transactions, and a consistent measure analyzed on an aggregated basis. provided between controlled taxpayers of the arm’s length results, for purposes Example 3. Aggregation and reliability of in a controlled transaction requires an of all relevant statutory and regulatory comparable uncontrolled transactions. The arm’s length amount of compensation provisions. facts are the same as in Example 2. In (D) Allocations of value. In some addition, U1, U2, and U3 are uncontrolled determined under the best method rule taxpayers that carry out functions of § 1.482–1(c). Such amount must be cases, it may be necessary to allocate comparable to those of S1, S2, and S3, consistent with, and must account for one or more portions of the arm’s length respectively, with respect to computers all of, the value provided between the result that was properly determined produced by unrelated manufacturers. R1, parties in the transaction, without under a coordinated best method R2, and R3 constitute a controlled group of regard to the form or character of the analysis described in paragraph taxpayers (unrelated to the P controlled transaction. For this purpose, it is (f)(2)(i)(C) of this section. Any such group) that carry out functions comparable to necessary to consider the entire allocation of the arm’s length result those of S1, S2, and S3 with respect to determined under the coordinated best computers produced by their common arrangement between the parties, as parent. Prices charged to uncontrolled determined by the contractual terms, method analysis must be made using the customers of the R group differ from the whether written or imputed in method that, under the facts and prices charged to customers of U1, U2, and accordance with the economic circumstances, provides the most U3. In determining whether the transactions substance of the arrangement, in light of reliable measure of an arm’s length of U1, U2, and U3, or the transactions of R1, the actual conduct of the parties. See, result for each allocated amount. For R2, and R3, would provide a more reliable e.g., § 1.482–1(d)(3)(ii)(B) (identifying example, if the full value of measure of the arm’s length result, it is contractual terms) and (f)(2)(ii)(A) compensation due in controlled determined that the interrelated R group transactions whose tax treatment is transactions are more reliable than the (regarding reference to realistic wholly independent transactions of U1, U2, alternatives). governed by multiple provisions of the and U3, given the interrelationship of the P (B) Aggregation. The combined effect Code or regulations has been most group transactions. of two or more separate transactions reliably determined on an aggregate Example 4. Non-aggregation of (whether before, during, or after the year basis, then that full value must be transactions that are not interrelated. P under review), including for purposes of allocated in a manner that provides the enters into a license agreement with S1 that an analysis under multiple provisions of most reliable measure of each allocated permits S1 to use a proprietary process for the Code or regulations, may be amount. manufacturing product X and to sell product X to uncontrolled parties throughout a considered if the transactions, taken as (E) Examples. The following examples specified region. P also sells to S1 product Y, a whole, are so interrelated that an illustrate the provisions of this which is manufactured by P in the United aggregate analysis of the transactions paragraph (f)(2)(i). For purposes of the States and unrelated to product X. Product Y provides the most reliable measure of an examples in this paragraph (E), P is a is resold by S1 to uncontrolled parties in the arm’s length result determined under domestic corporation, and S1, S2, and specified region. There is no connection

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55542 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

between product X and product Y other than to their reasonably anticipated benefit shares intangible property related to the Collection the fact that they are both sold in the same from their respective rights to the Business. to S1 for use in future research, development, specified region. In evaluating whether the (iv) P treats the Date X transaction as a and exploitation but continues to perform the royalty paid by S1 to P for the use of the transfer described in section 351 that is same development functions that it did prior manufacturing process for product X and the subject to 367 and treats the Date Y to the exchange, now on behalf of S1, under transfer prices charged for unrelated product transaction as the commencement of a CSA express or implied commitments in Y are arm’s length amounts, it would not be subject to section 482 and § 1.482–7. P takes connection with S1’s use of the intangible appropriate to consider the combined effects the position that the only platform property. P takes the position that a portion of these separate and unrelated transactions. contribution transactions (‘‘PCTs’’) in of the Collection, consisting of computer Example 5. Aggregation of interrelated connection with the Date Y CSA consist of code and related instruction manuals and patents. P owns 10 individual patents that, P’s contribution of the U.S. Business IP rights similar intangible property (Portion 1), was in combination, can be used to manufacture and S1’s contribution of the ROW Business transferrable intangible property and was the and sell a successful product. P anticipates IP rights of which S1 had become the owner subject of the section 351 exchange and that it could earn profits of $25x from the on account of the prior Date X transaction. compensable under section 367(d). P claims patents based on a discounted cash flow (v) Pursuant to paragraph (f)(2)(i)(A) of this that another portion of the Collection analysis that provides a more reliable section, in determining whether an allocation consists of items that either do not constitute measure of the value of the patents exploited of income is appropriate in Year 1 or property for purposes of section 367 or are as a bundle rather than separately. P licenses subsequent years, the Commissioner may not transferrable (Portion 2). P then takes the all 10 patents to S1 to be exploited as a consider the economic substance of the entire position that the value of Portion 2 does not bundle. Evidence of uncontrolled licenses of arrangement between P and S1, including the give rise to income under section 367(d) or similar individual patents indicates that, parties’ actual conduct throughout their gain under section 367(a). exploited separately, each license of each relationship, regardless of the form or (ii) Under paragraphs (f)(2)(i)(A) and (C) of patent would warrant a price of $1x, character of the contractual arrangement the this section, any part of the value in Portion implying a total price for the patents of $10x. parties have expressly adopted. The 2 that is not taken into account in an Under paragraph (f)(2)(i)(B) of this section, in Commissioner determines that the parties’ exchange under section 367 must determining the arm’s length royalty for the formal arrangement fails to reflect the full nonetheless be evaluated under section 482 license of the bundle of patents, it would not scope of the value provided between the and the regulations thereunder to determine be appropriate to use the uncontrolled parties in accordance with the economic arm’s length compensation for any value licenses as comparables for the license of the substance of their arrangement. Therefore, provided to S1. Accordingly, even if P’s bundle of patents, because, unlike the the Commissioner may impute one or more assertion that certain items were either not discounted cash flow analysis, the agreements between P and S1, consistent property or not capable of being transferred uncontrolled licenses considered separately with the economic substance of their were correct, arm’s length compensation is do not reliably reflect the enhancement to arrangement, that fully reflect their nonetheless required for all of the value value resulting from the interrelatedness of respective reasonably anticipated associated with P’s contributions under the the 10 patents exploited as a bundle. commitments in terms of functions section 482 regulations. Alternatively, the Example 6. Consideration of entire performed, resources employed, and risks Commissioner may determine under all the arrangement, including imputed contractual assumed over time. For example, because P facts and circumstances that P’s assertion is terms—(i) P conducts a business (‘‘Business’’) continues after Date Y to perform the incorrect and that the transaction in fact from the United States, with a worldwide Support, employing resources, capabilities, constitutes an exchange of property subject clientele, but until Date X has no foreign and rights not contributed to S1, for the to, and therefore to be taken into account operations. The success of Business benefit of the Business worldwide, the under, section 367. Thus, whether any item significantly depends on intangibles Commissioner may impute another PCT on that P identifies as being within Portion 2 is (including marketing, manufacturing, Date Y pursuant to which P commits to so properly characterized as property under technological, and goodwill or going concern continuing the Support. See § 1.482– section 367 (transferable or otherwise) is value intangibles, collectively the ‘‘IP’’), as 7(b)(1)(ii). The taxpayer may present irrelevant because any value in Portion 2 that well as ongoing support activities performed additional facts that could indicate whether is provided to S1 must be compensated by S1 by P (including related research and this or another alternative agreement best in a manner consistent with the $1000x to development, central marketing, reflects the economic substance of the $1100x interquartile range of the overall manufacturing process enhancement, and underlying transactions and course of value. oversight activities, collectively ‘‘Support’’), conduct, provided that the taxpayer’s Example 8. Arm’s length compensation for to maintain and improve the IP and position fully reflects the value of the entire equivalent provisions of intangibles under otherwise maximize the profitability of arrangement consistent with the realistic sections 351 and 482. P owns the worldwide Business. alternatives principle. rights to manufacturing and marketing (ii) On Date X, Year 1, P contributes the Example 7. Distinguishing provision of intangibles that it uses to manufacture and foreign rights to conduct Business, including value from characterization—(i) P developed market a product in the United States (‘‘US the foreign rights to the IP, to newly a collection of resources, capabilities, and intangibles’’) and the rest of the world incorporated S1. S1, utilizing the IP of which rights (‘‘Collection’’) that it uses on an (‘‘ROW intangibles’’). P transfers all the ROW it is now the owner, commences foreign interrelated basis in ongoing research and intangibles to S1 in an exchange described in operations consisting of local marketing, development of computer code that is used section 351 and retains the US intangibles. manufacturing, and back office activities in to create a successful line of software Immediately after the exchange, P and S1 order to conduct and expand Business in the products. P can continue to use the entered into a CSA described in § 1.482–7(b) foreign market. Collection on such interrelated basis in the that covers all research and development of (iii) Later, on Date Y, Year 1, P and S1 future to further develop computer code and, intangibles conducted by the parties. A enter into a cost sharing arrangement thus, further build on its successful line of realistic alternative that was available to P (‘‘CSA’’) to develop and exploit the rights to software products. Under § 1.482–7(g)(2)(ix), and that would have involved the controlled conduct the Business. Under the CSA, P is P determines that the interquartile range of parties performing similar functions, entitled to the U.S. rights to conduct the the net present value of its own use of the employing similar resources, and assuming Business, and S1 is entitled to the rest-of-the- Collection in future research and similar risks as in the controlled transaction, world (‘‘ROW’’) rights to conduct the development and software product marketing was to transfer all ROW intangibles to S1 Business. P continues after Date Y to perform is between $1000x and $1100x, and this upon entering into the CSA in a platform the Support, employing resources, range provides the most reliable measure of contribution transaction described in capabilities, and rights that as a factual the value to P of continuing to use the § 1.482–7(c), rather than in an exchange matter were not contributed to S1 in the Date Collection on an interrelated basis in future described in section 351 immediately before X transaction, for the benefit of the Business research, development, and exploitation. entering into the CSA. Under paragraph worldwide. Pursuant to the CSA, P and S1 Instead, P enters into an exchange described (f)(2)(i)(A) of this section, the arm’s length share the costs of P’s Support in proportion in section 351 in which it transfers certain compensation for the ROW intangibles must

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55543

correspond to the value provided between a controlled transaction. See §§ 1.482–4 and product X to related and unrelated customers the parties, regardless of the form of the 1.482–9(m). Under paragraph (f)(2)(i)(A) of outside the United States. If the license transaction. Accordingly, the arm’s length this section, the arm’s length compensation between P and S has economic substance, the compensation for the ROW intangibles is the for the services performed by the R&D Team Commissioner ordinarily will not restructure same in both scenarios, and the analysis of for S1 must be consistent with the value the taxpayer’s transaction to treat P as if it the amount to be taken into account under provided to S1, including the value of the had elected to exploit directly the section 367(d) pursuant to §§ 1.367(d)–1T(c) knowhow and any synergies with the and 1.482–4 should include consideration of platform. Under paragraphs (f)(2)(i)(B) and manufacturing process. However, because P the amount that P would have charged for the (C) of this section, the best method analysis could have directly exploited the realistic alternative determined under may determine that the compensation is most manufacturing process and manufactured § 1.482–7(g) (and § 1.482–4, to the extent of reliably determined on an aggregate basis product X itself, this realistic alternative may any make-or-sell rights transferred). See reflecting the interrelated value of the be taken into account under § 1.482–4(d) in §§ 1.482–1(b)(2)(iii) and 1.482–4(g). services and embedded value of the platform determining the arm’s length consideration Example 9. Aggregation of interrelated and knowhow. for the controlled transaction. For examples manufacturing and marketing intangibles (iv) In the alternative, the facts are the of such an analysis, see Examples 7 and 8 in governed by different statutes and same as above, except that P assigns to S1 all paragraph (f)(2)(i)(E) of this section and the regulations. The facts are the same as in or a pertinent portion of the R&D Team and Example in § 1.482–4(d)(2). Example 8 except that P transfers only the the relevant rights in the platform. P takes the ROW intangibles related to manufacturing to position that, although the transferred (iii) through (j)(6) [Reserved]. For S1 in an exchange described in section 351 platform rights must be compensated, the and, upon entering into the CSA, then knowhow does not have substantial value further guidance see § 1.482–1(f)(2)(iii) transfers the ROW intangibles related to independent of the services of any individual through (j)(6). marketing to S1 in a platform contribution on the R&D Team and therefore is not an (7) Certain effective/applicability transaction described in § 1.482–7(c) (rather intangible within the meaning of § 1.482– dates—(i) Paragraphs (f)(2)(i)(A) through than transferring all ROW intangibles only 4(b). In P’s view, S1 owes no compensation upon entering into the CSA or only in a prior to P on account of the R&D Team, as S1 will (E) and (f)(2)(ii)(B) of this section apply exchange described in section 351). The directly bear the cost of the relevant R&D to taxable years ending on or after value of the ROW intangibles that P Team compensation. However, in assembling September 14, 2015. transferred in the two transactions is greater and arranging to assign the relevant R&D (ii) Expiration date. The applicability Team, and thereby making available the in the aggregate, due to synergies among the of paragraphs (f)(2)(i)(A) through (E) and different types of ROW intangibles, than if value of the knowhow to S1, rather than valued as two separate transactions. Under other employees without the knowhow, P is (f)(2)(ii)(B) of this section expires on or paragraph (f)(2)(i)(B) of this section, the arm’s performing services for S1 under imputed before September 14, 2018. length standard requires these synergies to be contractual terms based on the parties’ course taken into account in determining the arm’s of conduct. Therefore, even if P’s position John Dalrymple, length results for the transactions. were correct that the knowhow is not an Deputy Commissioner for Services and Example 10. Services provided using intangible under § 1.482–4(b), a position that Enforcement. intangibles.—(i) P’s worldwide group the Commissioner may challenge, arm’s Approved: September 10, 2015. produces and markets Product X and length compensation is required for all of the Mark J. Mazur, subsequent generations of products, which value that P provides to S1 through the result from research and development interrelated provision of platform rights, Assistant Secretary of the Treasury (Tax performed by P’s R&D Team. Through this knowhow, and services under paragraphs Policy). collaboration with respect to P’s proprietary (f)(2)(i)(A), (B), and (C) of this section. [FR Doc. 2015–23278 Filed 9–14–15; 11:15 am] products, the members of the R&D Team have Example 11. Allocating arm’s length BILLING CODE 4830–01–P individually and as a group acquired compensation determined under an specialized knowledge and expertise subject aggregate analysis—(i) P provides services to to non-disclosure agreements (collectively, S1, which is incorporated in Country A. In ‘‘knowhow’’). connection with those services, P licenses DEPARTMENT OF THE TREASURY (ii) P arranges for the R&D Team to provide intellectual property to S2, which is research and development services to create incorporated in Country B. S2 sublicenses Internal Revenue Service a new line of products, building on the the intellectual property to S1. Product X platform, to be owned and (ii) Under paragraph (f)(2)(i)(B) of this 26 CFR Part 1 exploited by S1 in the overseas market. P section, if an aggregate analysis of the service asserts that the arm’s length charge for the and license transactions provides the most [TD 9729] services is only reimbursement to P of its reliable measure of an arm’s length result, associated R&D Team compensation costs. then an aggregate analysis must be (iii) Even though P did not transfer the performed. Under paragraph (f)(2)(i)(D) of RIN 1545–BJ42 platform or the R&D Team to S1, P is this section, if an allocation of the value that providing value associated with the use of results from such an aggregate analysis is Basis in Interests in Tax-Exempt the platform, along with the value associated necessary, for example, for purposes of Trusts with the use of the knowhow, to S1 by way sourcing the services income that P receives of the services performed by the R&D Team from S1 or determining deductible expenses Correction for S1 using the platform and the knowhow. incurred by S1, then the value determined The R&D Team’s use of intangible property, under the aggregate analysis must be In document 2015–19846, appearing and any other valuable resources, in P’s allocated using the method that provides the on pages 48249 through 48251 in the most reliable measure of the services income provision of services (regardless of whether issue of Wednesday, August 12, 2015, the service effects a transfer of intangible and deductible expenses. make the following correction: property or valuable resources and regardless (ii)(A) [Reserved]. For further of whether the property is relatively high or guidance see § 1.482–1(f)(2)(ii)(A). On page 48249, in the first column, on low value) must be evaluated under the (B) Example. The following example the eighth line from the bottom, under section 482 regulations, including the illustrates this paragraph (f)(2)(ii): the heading ‘‘DATES:’’ ‘‘August 13, 2015’’ regulations specifically applicable to should read ‘‘August 12, 2015’’. controlled services transactions in § 1.482–9, Example. P and S are controlled taxpayers. to ensure that P receives arm’s length P licenses a proprietary process to S for S’s [FR Doc. C1–2015–19846 Filed 9–15–15; 8:45 am] compensation for any value (attributable to use in manufacturing product X. Using its BILLING CODE 1505–01–D such property or services) provided to S1 in sales and marketing employees, S sells

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4700 Sfmt 9990 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55544 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

DEPARTMENT OF VETERANS for each provider to assess if the patient Therefore, VA is extending the copay AFFAIRS is taking any other medications. freeze in this final rule to be effective The commenter further recommended through December 31, 2016. 38 CFR Part 17 that VA should ensure the ability of VA is adding an applicability date RIN 2900–AP15 non-VA providers to easily paragraph to the preamble to clarify that communicate with VA to treat patients, the amendments made by this Copayments for Medications in 2015 monitor prescriptions, and reduce wait rulemaking applied to the copayments times. Normally when VA authorizes discussed herein as of January 1, 2015. AGENCY: Department of Veterans Affairs. care from a non-VA health care This is a clarifying, non-substantive ACTION: Final rule. provider, we require the provider to change. submit medical record information to Based on the rationale set out here SUMMARY: This document adopts as a VA so that we have a complete account and in the interim final rule, VA is final rule, with changes, an interim final of what care and treatment was adopting the provisions of the interim rule amending the Department of provided to a veteran. Many veterans final rule as a final rule with the change Veterans Affairs (VA) medical receive care and services from other to extend the freeze as described above. regulations to freeze the copayments providers that are not authorized by VA, required for certain medications and in these situations, our health care Effect of Rulemaking provided by VA until December 31, providers may not have a complete Title 38 of the Code of Federal 2015. Under that interim final rule, account of the veteran’s care. To the Regulations, as revised by this final copayment amounts were maintained at extent that non-VA providers can and rulemaking, represents VA’s the same rates as they were in 2014 do share information with VA, the risk implementation of its legal authority on (which were $8 for veterans in priority of an adverse event declines, and VA this subject. Other than future groups 2–6 and $9 for veterans in fully supports such efforts. However, amendments to this regulation or priority groups 7 and 8), and would since the effect of the rulemaking is to governing statutes, no contrary guidance have increased based on the temporarily freeze certain copayments or procedures are authorized. All prescription drug component of the and not establish monitoring or existing or subsequent VA guidance Medical Consumer Price Index (CPI–P) communication standards, VA does not must be read to conform with this on January 1, 2016. This final rule make any changes to this rulemaking. rulemaking if possible or, if not extends the current freeze for The commenter also urged VA to possible, such guidance is superseded copayments through December 31, 2016. allow veterans to fill prescriptions by this rulemaking. written by civilian family physicians at DATES: Effective date: This rule is Paperwork Reduction Act effective on September 16, 2015. VA pharmacies to reduce significant Applicability date: The provisions of financial challenges for veterans and to This final rule contains no provisions this final rule shall apply to the maintain consistency with the delivery constituting a collection of information copayments discussed herein as of of pharmaceutical benefits to veterans. under the Paperwork Reduction Act of January 1, 2015. However, this recommendation is 1995 (44 U.S.C. 3501–3521). outside the scope of this rulemaking, FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act which deals only with establishing Kristin Cunningham, Director, Business copayment rates for medications The Secretary hereby certifies that Policy, Chief Business Office (10NB), prescribed by and filled by VA. this final rule will not have a significant Veterans Health Administration, Therefore, VA is not making any economic impact on a substantial Department of Veterans Affairs, 810 changes based on this comment. number of small entities as they are Vermont Avenue NW., Washington, DC One commenter suggested extending defined in the Regulatory Flexibility 20420, (202) 382–2508. (This is not a the freeze for at least an additional two Act, 5 U.S.C. 601–612. This final rule toll-free number.) to three years, to alleviate what the will temporarily freeze the copayments SUPPLEMENTARY INFORMATION: An commenter deemed an ‘‘undue that certain veterans are required to pay interim final rule amending VA’s hardship’’ on veterans caused by for prescription drugs furnished by VA. medical regulations concerning the increased pharmacy copayments. To the This final rule directly affects only copayment required for certain extent that increased pharmacy individuals and will not directly affect medications was published in the copayments have been shown to reduce small entities. Therefore, pursuant to 5 Federal Register on October 27, 2014. utilization of VA pharmacy benefits (as U.S.C. 605(b), this rulemaking is exempt 79 FR 63819. stated in the interim final rule), we from the final regulatory flexibility VA invited interested persons to agree with the commenter that analysis requirements of 5 U.S.C. 604. submit comments on the interim final extending the freeze for at least one rule on or before December 26, 2014, additional year is in the best interest of Executive Orders 12866 and 13563 and we received four comments. All veterans. We would therefore extend the Executive Orders 12866 and 13563 four commenters supported the interim freeze in this final rule to be effective direct agencies to assess the costs and final rule, which maintained copayment through December 31, 2016. This benefits of available regulatory rates for medications at their current extended timeframe would permit the alternatives and, when regulation is levels throughout 2015. One commenter freeze to be in effect all of calendar year necessary, to select regulatory disagreed with part of the rationale for 2016 for the continued benefit of approaches that maximize net benefits the rule. VA explained in the interim veterans, and would allow VA to (including potential economic, final rule that part of the rationale for continue to develop and publish environmental, public health and safety the rule is to reduce the incentive for proposed and final rules to implement effects, and other advantages; veterans to seek care from other health a tiered copayment structure for distributive impacts; and equity). care providers and plans, as medication copayments, which will Executive Order 13563 (Improving fragmentation of care can increase the further align VA’s medication Regulation and Regulatory Review) risk of adverse interactions and harm to copayment structure with other Federal emphasizes the importance of the patient because it is more difficult agencies and the commercial sector. quantifying both costs and benefits,

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55545

reducing costs, harmonizing rules, and rule. Increasing the copayment amount Department of Veterans Affairs, promoting flexibility. Executive Order on January 1, 2015, might have caused approved this document on May 5, 12866 (Regulatory Planning and a significant financial hardship for some 2015, for publication. Review) defines a ‘‘significant veterans and may have decreased List of Subjects in 38 CFR Part 17 regulatory action,’’ requiring review by patient adherence to medical plans, and the Office of Management and Budget could have had other unpredictable Administrative practice and (OMB), unless OMB waives such negative health effects. VA anticipates procedure, Alcohol abuse, Alcoholism, review, as ‘‘any regulatory action that is the same risk for financial hardship and Claims, Day care, Dental health, Drug likely to result in a rule that may: (1) decreased patient adherence if abuse, Foreign relations, Government Have an annual effect on the economy copayments were increased in calendar contracts, Grant programs-health, Grant of $100 million or more or adversely year 2016, and has therefore extended programs-veterans, Health care, Health affect in a material way the economy, a the freeze through December 31, 2016. facilities, Health professions, Health sector of the economy, productivity, Accordingly, the Secretary found that records, Homeless, Medical and dental competition, jobs, the environment, additional advance notice and public schools, Medical devices, Medical public health or safety, or State, local, procedure thereon were impractical, research, Mental health programs, or tribal governments or communities; unnecessary, and contrary to the public Nursing homes, Philippines, Reporting (2) Create a serious inconsistency or interest. In accordance with 5 U.S.C. and recordkeeping requirements, otherwise interfere with an action taken 801(a)(1), VA submitted to the Scholarships and fellowships, Travel or planned by another agency; (3) Comptroller General and to Congress a and transportation expenses, Veterans. Materially alter the budgetary impact of copy of this regulatory action and VA’s Dated: September 10, 2015. entitlements, grants, user fees, or loan Regulatory Impact Analysis. Michael P. Shores, programs or the rights and obligations of Unfunded Mandates recipients thereof; or (4) Raise novel Chief Impact Analyst, Office of Regulation The Unfunded Mandates Reform Act Policy & Management, Office of the General legal or policy issues arising out of legal Counsel, Department of Veterans Affairs. mandates, the President’s priorities, or of 1995 requires, at 2 U.S.C. 1532, that the principles set forth in this Executive agencies prepare an assessment of For the reasons set out in the Order.’’ anticipated costs and benefits before preamble, VA amends 38 CFR part 17 as The economic, interagency, issuing any rule that may result in the follows: budgetary, legal, and policy expenditure by State, local, and tribal implications of this regulatory action governments, in the aggregate, or by the PART 17—MEDICAL have been examined, and it has been private sector, of $100 million or more ■ 1. The authority citation for part 17 determined that it is a significant (adjusted annually for inflation) in any continues to read as follows: regulatory action under Executive Order one year. This final rule will have no 12866 because it is likely to result in a such effect on State, local, and tribal Authority: 38 U.S.C. 501, and as noted in regulatory action that may have an governments, or on the private sector. specific sections. annual effect on the economy of $100 Catalog of Federal Domestic Assistance § 17.110 [Amended] million or more. VA’s impact analysis can be found as a supporting document The Catalog of Federal Domestic ■ 2. Amend § 17.110 in paragraphs at http://www.regulations.gov, usually Assistance numbers and titles for the (b)(1)(i) through (iii) and (b)(2), by within 48 hours after the rulemaking programs affected by this document are removing all references to ‘‘December document is published. Additionally, a as follows: 64.005, Grants to States for 31, 2015’’ and adding in their place copy of the rulemaking and its impact Construction of State Home Facilities; ‘‘December 31, 2016’’. analysis are available on VA’s Web site 64.007, Blind Rehabilitation Centers; [FR Doc. 2015–23162 Filed 9–15–15; 8:45 am] at http://www.va.gov/orpm/, by 64.008, Veterans Domiciliary Care; BILLING CODE 8320–01–P following the link for VA Regulations 64.009, Veterans Medical Care Benefits; Published from FY 2004 through fiscal 64.010, Veterans Nursing Home Care; year to date. 64.011, Veterans Dental Care; 64.012, ENVIRONMENTAL PROTECTION Veterans Prescription Service; 64.013, AGENCY Congressional Review Act Veterans Prosthetic Appliances; 64.014, VA has determined that this Veterans State Domiciliary Care; 64.015, 40 CFR Part 52 regulatory action is considered a major Veterans State Nursing Home Care; rule under the Congressional Review 64.016, Veterans State Hospital Care; [EPA–R07–OAR–2015–0520; FRL–9934–00– Region 7] Act, 5 U.S.C. 801–08, because it may 64.018, Sharing Specialized Medical result in an annual effect on the Resources; 64.019, Veterans Approval and Promulgation of Air economy of $100 million or more. In the Rehabilitation Alcohol and Drug Quality Implementation Plans; State of preamble to the interim final rule (79 FR Dependence; 64.022, Veterans Home Missouri; Control of NO Emissions 63819, 63821), we stated that although X Based Primary Care; and 64.024, VA From Large Stationary Internal this regulatory action may constitute a Homeless Providers Grant and Per Diem Combustion Engines major rule within the meaning of the Program. Congressional Review Act, 5 U.S.C. AGENCY: Environmental Protection 804(2), it was not subject to the 60-day Signing Authority Agency (EPA). delay in effective date applicable to The Secretary of Veterans Affairs, or ACTION: Direct final rule. major rules under 5 U.S.C. 801(a)(3) designee, approved this document and because the Secretary found that good authorized the undersigned to sign and SUMMARY: The Environmental Protection cause existed under 5 U.S.C. 808(2) and submit the document to the Office of the Agency (EPA) is taking direct final made this regulatory action effective on Federal Register for publication action to approve revisions to the State January 1, 2015, consistent with the electronically as an official document of Implementation Plan (SIP) for the State reasons given for the publication of this the Department of Veterans Affairs. of Missouri submitted on October 17, regulatory action as an interim final Robert L. Nabors II, Chief of Staff, 2013. These revisions remove

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55546 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

definitions that were in this rule but comment, EPA recommends that you Lean-burn engine, Maintenance have been moved to the state’s general include your name and other contact operation, Output, Peak load, Permitted definitions rule. The revisions also add information in the body of your capacity factor, Rich-burn engine, text and corrects a wording error found comment and with any disk or CD–ROM Stationary internal combustion engine, in the rule. EPA’s approval of these rule you submit. If EPA cannot read your Stoichiometric air/fuel ration, Unit, and revisions is being done in accordance comment due to technical difficulties Utilization rate. However, in a with the requirements of the Clean Air and cannot contact you for clarification, subsequent SIP revision amendment to Act (CAA). EPA may not be able to consider your 10 C.S.R 10–6.020 submitted by DATES: This direct final rule will be comment. Electronic files should avoid Missouri on March 27, 2014, approved effective November 16, 2015, without the use of special characters, any form by EPA and subsequently published in further notice, unless EPA receives of encryption, and be free of any defects the Federal Register on March 4, 2015 adverse comment by October 16, 2015. or viruses. (80 FR 11577), the state amended the If EPA receives adverse comment, we Docket: All documents in the docket rule to remove the following definitions: will publish a timely withdrawal of the are listed in the www.regulations.gov Engine rating, Peak load, Permitted direct final rule in the Federal Register index. Although listed in the index, capacity factor and Stoichiometric air/ informing the public that the rule will some information is not publicly fuel ratio, because they are obsolete and not take effect. available, i.e., CBI or other information no longer used in Missouri rules. In ADDRESSES: Submit your comments, whose disclosure is restricted by statute. paragraph (3)(E)(1), Missouri is making identified by Docket ID No. EPA–R07– Certain other material, such as a minor administrative correction. In OAR–2015–0520, by one of the copyrighted material, will be publicly subsection (3)(F), Missouri is removing following methods: available only in hard copy form. the term ‘‘kiln’’ and replacing it with the 1. www.regulations.gov. Follow the Publicly available docket materials are term ‘‘engine’’ to clarify the rule, EPA is on-line instructions for submitting available either electronically in not taking action on any provision of comments. www.regulations.gov or at the thie rule related to Startup, Shutdown 2. Email: [email protected]. Environmental Protection Agency, Air and Malfunction (SSM). Any changes to 3. Mail or Hand Delivery: Lachala Planning and Development Branch, these portions of the rule must meet the Kemp, Environmental Protection 11201 Renner Boulevard, Lenexa, requirements of the final SIP Call Agency, Air Planning and Development Kansas 66219. The Regional Office’s related to SSM (June 12, 2015, 80 FR Branch, 11201 Renner Boulevard, official hours of business are Monday 33840). Lenexa, Kansas 66219. through Friday, 8:00 to 4:30 excluding Instructions: Direct your comments to legal holidays. The interested persons II. Have the requirements for approval Docket ID No. EPA–R07–OAR–2015– wanting to examine these documents of a SIP revision been met? 0520. EPA may publish any comment should make an appointment with the office at least 24 hours in advance. The state submission has met the received to its public docket. Do not public notice requirements for SIP submit electronically any information FOR FURTHER INFORMATION CONTACT: submissions in accordance with 40 CFR you consider to be Confidential Lachala Kemp, Environmental 51.102. The submission also satisfied Business Information (CBI) or other Protection Agency, Air Planning and the completeness criteria of 40 CFR part information whose disclosure is Development Branch, 11201 Renner 51, appendix V. In addition, as restricted by statute. Multimedia Boulevard, Lenexa, Kansas 66219 at explained above, the revision meets the submissions (audio, video, etc.) must be 913–551–7214 or by email at substantive SIP requirements of the accompanied by a written comment. [email protected]. CAA, including section 110 and The written comment is considered the SUPPLEMENTARY INFORMATION: implementing regulations. official comment and should include Throughout this document ‘‘we,’’ ‘‘us,’’ discussion of all points you wish to or ‘‘our’’ refer to EPA. This section III. What action is EPA taking? make. EPA will generally not consider provides additional information by comments or comment contents located addressing the following: We are publishing this rule without a outside of the primary submission (i.e. prior proposed rule because we view I. What is being addressed in this on the web, cloud, or other file sharing this as a noncontroversial action and document? anticipate no adverse comment. system). For additional submission II. Have the requirements for approval of a methods, the full EPA public comment SIP revision been met? However, in the ‘‘Proposed Rules’’ policy, information about CBI or III. What action is EPA taking? section of the Federal Register, we are multimedia submissions, and general publishing a separate document that guidance on making effective I. What is being addressed in this will serve as the proposed rule to the comments, please visit http:// document? SIP revision if adverse comments are www2.epa.gov/dockets/commenting- EPA is taking direct final action to received on this direct final rule. We epa-dockets. The www.regulations.gov approve SIP revisions submitted by the will not institute a second comment Web site is an ‘‘anonymous access’’ state of Missouri for 10 CSR 10–6.390, period on this action. Any parties system, which means EPA will not ‘‘Control of NOX Emissions from Large interested in commenting must do so at know your identity or contact Stationary Internal Combustion this time. For further information about information unless you provide it in the Engines,’’ on October 17, 2013. Section commenting on this rule, see the body of your comment. If you send an (2) of the rule is being amended to move ADDRESSES section of this document. If email comment directly to EPA without several definitions from this rule to the EPA receives adverse comment, we will going through www.regulations.gov, state’s general definitions rule 10 C.S.R. publish a timely withdrawal in the your email address will be 10–6.020. The definitions being moved Federal Register informing the public automatically captured and included as to that state’s general definitions rule that this direct final rule will not take part of the comment that is placed in the include: Diesel engine, Dual fuel engine, effect. We will address all public public docket and made available on the Emergency standby engine, Engine comments in any subsequent final rule Internet. If you submit an electronic rating, Higher heating value (HHV), based on the proposed rule.

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55547

Incorporation by Reference • Is not an economically significant circuit by November 16, 2015. Filing a In this rule, EPA is finalizing regulatory action based on health or petition for reconsideration by the regulatory text that includes safety risks subject to Executive Order Administrator of this final rule does not 13045 (62 FR 19885, April 23, 1997); affect the finality of this action for the incorporation by reference. In • accordance with requirements of 1 CFR Is not a significant regulatory action purposes of judicial review nor does it 51.5, EPA is finalizing the incorporation subject to Executive Order 13211 (66 FR extend the time within which a petition by reference of Missouri’s rule 10 C.S.R. 28355, May 22, 2001); for judicial review may be filed, and • Is not subject to requirements of 10–6.390 described in the direct final shall not postpone the effectiveness of Section 12(d) of the National amendments to 40 CFR part 52 set forth such rule or action. Parties with Technology Transfer and Advancement below. EPA has made, and will continue objections to this direct final rule are Act of 1995 (15 U.S.C. 272 note) because to make, these documents generally encouraged to file a comment in application of those requirements would available electronically through response to the parallel notice of be inconsistent with the CAA; and www.regulations.gov and/or in hard • proposed rulemaking for this action Does not provide EPA with the published in the proposed rules section copy at the appropriate EPA office (see discretionary authority to address, as the ADDRESSES section of this preamble of the Federal Register, rather than file appropriate, disproportionate human for more information). an immediate petition for judicial health or environmental effects, using review of this direct final rule, so that Statutory and Executive Order Reviews practicable and legally permissible EPA can withdraw this direct final rule Under the CAA, the Administrator is methods, under Executive Order 12898 and address the comment in the required to approve a SIP submission (59 FR 7629, February 16, 1994). proposed rulemaking. This action may that complies with the provisions of the The SIP is not approved to apply on not be challenged later in proceedings to Act and applicable Federal regulations. any Indian reservation land or in any enforce its requirements. (See section 42 U.S.C. 7410(k); 40 CFR 52.02(a). other area where EPA or an Indian tribe 307(b)(2).) Thus, in reviewing SIP submissions, has demonstrated that a tribe has EPA’s role is to approve state choices, jurisdiction. In those areas of Indian List of Subjects in 40 CFR Part 52 country, the rule does not have tribal provided that they meet the criteria of Environmental protection, Air the CAA. Accordingly, this action implications and will not impose substantial direct costs on tribal pollution control, Incorporation by merely approves state law as meeting reference, Intergovernmental relations, Federal requirements and does not governments or preempt tribal law as specified by Executive Order 13175 (65 Ozone, Reporting and recordkeeping impose additional requirements beyond requirements. those imposed by state law. For that FR 67249, November 9, 2000). reason, this action: The Congressional Review Act, 5 Dated: September 3, 2015. • Is not a significant regulatory action U.S.C. 801 et seq., as added by the Small Becky Weber, subject to review by the Office of Business Regulatory Enforcement Acting Regional Administrator, Region 7. Fairness Act of 1996, generally provides Management and Budget under For the reasons stated in the Executive Orders 12866 (58 FR 51735, that before a rule may take effect, the agency promulgating the rule must preamble, EPA amends 40 CFR part 52 October 4, 1993) and 13563 (76 FR 3821, as set forth below: January 21, 2011); submit a rule report, which includes a • Does not impose an information copy of the rule, to each House of the PART 52—APPROVAL AND collection burden under the provisions Congress and to the Comptroller General PROMULGATION OF of the Paperwork Reduction Act (44 of the United States. EPA will submit a IMPLEMENTATION PLANS U.S.C. 3501 et seq.); report containing this action and other • Is certified as not having a required information to the U.S. Senate, significant economic impact on a the U.S. House of Representatives, and ■ 1. The authority citation for part 52 substantial number of small entities the Comptroller General of the United continues to read as follows: under the Regulatory Flexibility Act (5 States prior to publication of the rule in Authority: 42 U.S.C. 7401 et seq. U.S.C. 601 et seq.); the Federal Register. • Does not contain any unfunded A major rule cannot take effect until Subpart AA—Missouri mandate or significantly or uniquely 60 days after it is published in the affect small governments, as described Federal Register. This action is not a ■ 2. In § 52.1320(c) the table is amended in the Unfunded Mandates Reform Act ‘‘major rule’’ as defined by 5 U.S.C. by revising the entry for 10–6.390 to of 1995 (Pub. L. 104–4); 804(2). read as follows: • Does not have Federalism Under section 307(b)(1) of the CAA, § 52.1320 Identification of Plan. implications as specified in Executive petitions for judicial review of this Order 13132 (64 FR 43255, August 10, action must be filed in the United States * * * * * 1999); Court of Appeals for the appropriate (c) * * *

EPA-APPROVED MISSOURI REGULATIONS

State effective Missouri citation Title date EPA approval date Explanation

Missouri Department of Natural Resources

******* Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55548 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

EPA-APPROVED MISSOURI REGULATIONS—Continued

State effective Missouri citation Title date EPA approval date Explanation

******* 10–6.390 ...... Control of NOX Emissions from Large 10/30/13 9/16/15, [Insert Federal Register cita- Stationary Internal Combustion En- tion]. gines.

*******

* * * * * Instructions: Direct your comments to Certain other material, such as [FR Doc. 2015–23178 Filed 9–15–15; 8:45 am] Docket ID No. EPA–R07–OAR–2015– copyrighted material, will be publicly BILLING CODE 6560–50–P 0543. EPA may publish any comment available only in hard copy form. received to its public docket. Do not Publicly available docket materials are submit electronically any information available either electronically in ENVIRONMENTAL PROTECTION you consider to be Confidential www.regulations.gov or in hard copy at AGENCY Business Information (CBI) or other the Environmental Protection Agency, information whose disclosure is Air Planning and Development Branch, 40 CFR Part 62 restricted by statute. Multimedia 11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office’s [EPA–R07–OAR–2015–0543; FRL–9933–95– submissions (audio, video, etc.) must be Region 7] accompanied by a written comment. official hours of business are Monday The written comment is considered the through Friday, 8:00 a.m. to 4:30 p.m., Approval and Promulgation of Air official comment and should include excluding legal holidays. The interested Quality Implementation Plans for discussion of all points you wish to persons wanting to examine these Designated Facilities and Pollutants; make. EPA will generally not consider documents should make an Missouri; Sewage Sludge Incinerators comments or comment contents located appointment with the office at least 24 outside of the primary submission (i.e. hours in advance. AGENCY: Environmental Protection on the web, cloud, or other file sharing FOR FURTHER INFORMATION CONTACT: Agency (EPA). system). For additional submission Paula Higbee, Environmental Protection ACTION: Direct final rule. methods, the full EPA public comment Agency, Air Planning and Development policy, information about CBI or Branch, 11201 Renner Boulevard, SUMMARY: The Environmental Protection multimedia submissions, and general Lenexa, Kansas 66219 at 913–551–7028 Agency (EPA) is taking direct final guidance on making effective or by email at [email protected]. action to approve revisions to the state comments, please visit http:// SUPPLEMENTARY INFORMATION: plan for designated facilities and www2.epa.gov/dockets/commenting- pollutants developed under sections Throughout this document ‘‘we,’’ ‘‘us,’’ epa-dockets. The www.regulations.gov 111(d) and 129 of the Clean Air Act for or ‘‘our’’ refer to EPA. This section Web site is an ‘‘anonymous access’’ the State of Missouri. This direct final provides additional information by system, which means EPA will not action will amend the state plan to addressing the following: know your identity or contact include a new plan and associated rule I. Background information unless you provide it in the implementing emission guidelines for II. Analysis of State Submittal body of your comment. If you send an Sewage Sludge Incinerators published III. What Action is EPA taking? email comment directly to EPA without in the Federal Register on March 21, going through www.regulations.gov, I. Background 2011. your email address will be The Clean Air Act (CAA) requires that DATES: This direct final rule will be automatically captured and included as state regulatory agencies implement the effective November 16, 2015, without part of the comment that is placed in the emission guidelines and compliance further notice, unless EPA receives public docket and made available on the times using a state plan developed adverse comment by October 16, 2015. Internet. If you submit an electronic under sections 111(d) and 129 of the If EPA receives adverse comment, we comment, EPA recommends that you CAA. Section 111(d) establishes general will publish a timely withdrawal of the include your name and other contact requirements and procedures on state direct final rule in the Federal Register information in the body of your plan submittals for the control of informing the public that the rule will comment and with any disk or CD–ROM designated pollutants. Section 129 not take effect. you submit. If EPA cannot read your requires emission guidelines to be ADDRESSES: Submit your comments, comment due to technical difficulties promulgated for all categories of sewage identified by Docket ID No. EPA–R07– and cannot contact you for clarification, sludge incineration units, including OAR–2015–0543, by one of the EPA may not be able to consider your sewage sludge incineration (SSI) units. following methods: comment. Electronic files should avoid Section 129 mandates that all plan 1. www.regulations.gov. Follow the the use of special characters, any form requirements be at least as protective on-line instructions for submitting of encryption, and be free of any defects and restrictive as the promulgated comments. or viruses. emission guidelines. This includes fixed 2. Email: [email protected] Docket: All documents in the docket final compliance dates, fixed 3. Mail or Hand Delivery: Paula are listed in the www.regulations.gov compliance schedules, and Title V Higbee, Environmental Protection index. Although listed in the index, permitting requirements for all affected Agency, Air Planning and Development some information is not publicly sources. Section 129 also requires that Branch, 11201 Renner Boulevard, available, i.e., CBI or other information state plans be submitted to EPA within Lenexa, Kansas 66219. whose disclosure is restricted by statute. one year after EPA’s promulgation of the

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55549

emission guidelines and compliance • Identification of enforceable State rulemaking will not have a significant times. mechanisms that were selected for economic impact on a substantial On March 21, 2011, the EPA implementing the emission guidelines of number of small entities under the established emission guidelines and Subpart MMMM. Regulatory Flexibility Act (5 U.S.C. 601 compliance times for existing SSI units. • Demonstration of Missouri’s legal et seq.). Because this rulemaking would The emission guidelines and authority to carry out the sections approve pre-existing requirements compliance times are codified at 40 CFR 111(d) and 129 State plan. under state law and does not impose 60, Subpart MMMM. The Missouri plan includes any additional enforceable duty beyond The state is issuing a new rule, 10 documentation that all of these that required by state law, it does not CSR 10–6.191 for SSI to meet its requirements have been met. The contain any unfunded mandate or obligation for this Federal rule. The new emission limits, testing, monitoring, significantly or uniquely affect small rule incorporates by reference the reporting and recordkeeping governments, as described in the Federal rule. The revised state plan is requirements, and other aspects of the Unfunded Mandates Reform Act of 1995 being issued concurrently with this new Federal rule have been adopted by (Pub. L. 104–4). rulemaking. reference. Missouri rule 10 CSR 10– The SIP is not approved to apply on The state originally submitted the 6.191 contains the applicable any Indian reservation land or in any adopted plan and corresponding state requirements for SSI units. The state other area where EPA or an Indian tribe rule to EPA on April 29, 2013. After provided documentation that it has demonstrated that a tribe has submission to EPA, Missouri became complied with the public notice and jurisdiction. In those areas of Indian aware of errors in the state plan and comment requirements of 40 CFR part country, the rule does not have tribal resubmitted a corrected version of the 60 Subpart MMMM. implications and will not impose plan which EPA received on September III. What action is EPA taking? substantial direct costs on tribal governments or preempt tribal law as 20, 2013. EPA has analyzed the Based on the rationale discussed corrected version. specified by Executive Order 13175 (65 above, EPA is approving Missouri’s FR 67249, November 9, 2000). II. Analysis of State Submittal 111(d) plan for Sewage Sludge This action also does not have Incinerators received on September 20, The emission guidelines and Federalism implications because it does 2013. We are publishing this direct final compliance times are codified in 40 CFR not have substantial direct effects on the rule without a prior proposed rule 60, subpart MMMM. State plans must States, on the relationship between the because we view this as a national government and the States, or contain specific information and the noncontroversial action and anticipate on the distribution of power and legal mechanisms necessary to no adverse comment. However, in the responsibilities among the various implement the emission guidelines and ‘‘Proposed Rules’’ section of this levels of government, as specified in compliance times. The requirements are Federal Register, we are publishing a Executive Order 13132 (64 FR 43255, as follows: separate document that will serve as the August 10, 1999). Thus Executive Order • Inventory of affected SSI units, proposed rule to approve the revision to 13132 does not apply to this action. including to the best of the state’s the 111(d) plan. If adverse comments are This action merely approves a state rule knowledge, SSI units that have shut received on this direct final rule. We implementing a Federal standard, and down and are capable of restarting. • will not institute a second comment does not alter the relationship or the Inventory of emissions from period on this action. Any parties distribution of power and affected SSI units in Missouri. • interested in commenting must do so at responsibilities established in the CAA. Compliance schedules for all this time. For further information about This rulemaking also is not subject to affected SSI units with a final commenting on this rule, see the Executive Order 13045, ‘‘Protection of compliance date no later than March ADDRESSES section of this document. Children from Environmental Health 21, 2016 or three (3) years after the If EPA receives adverse comment, we Risks and Safety Risks’’ (62 FR 19885, effective date of state plan approval, will publish a timely withdrawal in the April 23, 1997) because it approves a whichever is earlier. Federal Register informing the public state rule implementing a Federal • Emission limitations, emission that this direct final rule will not take standard. standards, operator training and effect. We will address all public In reviewing SIP submissions, EPA’s qualification requirements, and comments in any subsequent final rule role is to approve state choices, operating limits for affected SSI units based on the proposed rule. provided that they meet the criteria of that are at least as protective as the the CAA. In this context, in the absence emission guidelines contained in Statutory and Executive Order Reviews of a prior existing requirement for the Subpart MMMM. Under Executive Order 12866 (58 FR State to use voluntary consensus • Testing, monitoring, and inspection 51735, October 4, 1993), this action is standards (VCS), EPA has no authority requirements at least as protective as not a ‘‘significant regulatory action’’ and to disapprove a state submission for those in the emission guidelines. therefore is not subject to review under failure to use VCS. It would thus be • Performance testing, reporting and Executive Orders 12866 and 13563 (76 inconsistent with applicable law for recordkeeping requirements at least as FR 3821, January 21, 2011). This action EPA when it reviews a state submission, protective as those in the emission is also not subject to Executive Order to use VCS in place of a state guidelines. 13211, ‘‘Actions Concerning Regulations submission that otherwise satisfies the • Certification that the hearing on the That Significantly Affect Energy Supply, provisions of the CAA. Thus, the State plan was held, a list of witnesses Distribution, or Use’’ (66 FR 28355, May requirements of section 12(d) of the and organizational affiliations, if any, 22, 2001). This action merely approves National Technology Transfer and appearing at the hearing, and a brief state law as meeting Federal Advancement Act of 1995 (15 U.S.C. written summary of each presentation or requirements and imposes no additional 272 note) do not apply. This action does written submission. requirements beyond those imposed by not impose an information collection • Provision for State progress reports state law. Accordingly, the burden under the provisions of the to EPA. Administrator certifies that this Paperwork Reduction Act of 1995 (44

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55550 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

U.S.C. 3501 et seq.). Burden is defined PART 62—APPROVAL AND has decided to be eligible for at 5 CFR 1320.3(b). PROMULGATION OF STATE PLANS importation. This list is published in an The Congressional Review Act, 5 FOR DESIGNATED FACILITIES AND appendix to the agency’s regulations U.S.C. 801 et seq., as added by the Small POLLUTANTS that prescribe procedures for import Business Regulatory Enforcement eligibility decisions. The list has been ■ 1. The authority citation for part 62 Fairness Act of 1996, generally provides revised to add all vehicles that NHTSA continues to read as follows: has decided to be eligible for that before a rule may take effect, the importation since October 1, 2014, and agency promulgating the rule must Authority: 42 U.S.C. 7401 et seq. to remove all previously listed vehicles submit a rule report, which includes a Subpart AA—Missouri that are now more than 25 years old and copy of the rule, to each House of the need no longer comply with all Congress and to the Comptroller General ■ 2. Add § 62.6363 and an undesignated applicable FMVSS to be lawfully of the United States. EPA will submit a center heading to read as follows: imported. NHTSA is required by statute report containing this proposed rule and to publish this list annually in the other required information to the U.S. Air Emissions from Sewage Sludge Federal Register. Incinerator Units Senate, the U.S. House of DATES: The revised list of import eligible Representatives, and the Comptroller § 62.6363 Identification of plan. vehicles is effective on September 16, General of the United States prior to 2015. publication of the rule in the Federal (a) On September 20, 2013, EPA Register. received the Missouri Department of FOR FURTHER INFORMATION CONTACT: Natural Resources (MDNR) section George Stevens, Office of Vehicle Safety A major rule cannot take effect until 111(d)/129 plan for implementation and Compliance, NHTSA, (202) 366–5308. 60 days after it is published in the enforcement of 40 CFR part 60, subpart SUPPLEMENTARY INFORMATION: Under 49 Federal Register. This action is not a MMMM, Emission Guidelines and U.S.C. 30141(a)(1)(A), a motor vehicle ‘‘major rule’’ as defined by 5 U.S.C. Compliance Times for Existing Sewage that was not originally manufactured to 804(2). Sludge Incineration Units. conform to all applicable FMVSS shall Under section 307(b)(1) of the CAA, (b) Identification of sources: The plan be refused admission into the United petitions for judicial review of this applies to existing sewage sludge States unless NHTSA has decided that action must be filed in the United States incineration (SSI) units that: the motor vehicle is substantially Court of Appeals for the appropriate (1) Commenced construction on or similar to a motor vehicle originally circuit by November 16, 2015. Filing a before October 14, 2010, or manufactured for importation into and petition for reconsideration by the (2) Commenced a modification on or sale in the United States, certified under Administrator of this final rule does not before September 21, 2011, primarily to 49 U.S.C. 30115, and of the same model affect the finality of this rule for the comply with Missouri’s plan, and year as the model of the motor vehicle purposes of judicial review nor does it (3) Meets the definition of a SSI unit to be compared, and is capable of being extend the time within which a petition defined in MDNR’s plan readily altered to conform to all for judicial review may be filed, and (c) The effective date of the plan for applicable FMVSS. Where there is no shall not postpone the effectiveness of existing sewage sludge incineration substantially similar U.S.-certified such rule or action. Parties with units is February 5, 2013. motor vehicle, 49 U.S.C. 30141(a)(1)(B) objections to this direct final rule are (1) A revision to Missouri’s 111(d) permits a nonconforming motor vehicle encouraged to file a comment in plan to incorporate state regulation 10 to be admitted into the United States if response to the parallel notice of CSR 10–6.191 Sewage Sludge its safety features comply with, or are proposed rulemaking for this action Incinerators was state effective May 30, capable of being altered to comply with, published in the proposed rules section 2013. The effective date of the amended all applicable FMVSS based on of today’s Federal Register, rather than plan is November 16, 2015. destructive test data or such other file an immediate petition for judicial (2) [Reserved] evidence as the Secretary of review of this direct final rule, so that [FR Doc. 2015–23296 Filed 9–15–15; 8:45 am] Transportation decides to be adequate. EPA can withdraw this direct final rule BILLING CODE 6560–50–P Under 49 U.S.C. 30141(a)(1), import and address the comment in the final eligibility decisions may be made ‘‘on rulemaking. This action may not be the initiative of the Secretary of challenged later in proceedings to DEPARTMENT OF TRANSPORTATION Transportation or on petition of a enforce its requirements. (See section manufacturer or importer registered 307(b)(2).) National Highway Traffic Safety under [49 U.S.C. 30141(c)].’’ The Administration Secretary’s authority to make these List of Subjects in 40 CFR Part 62 decisions has been delegated to NHTSA. 49 CFR Part 593 The agency publishes notices of Environmental protection, Air eligibility decisions as they are made. pollution control, Administrative [Docket No. NHTSA–2015–0087] Under 49 U.S.C. 30141(b)(2), a list of practice and procedure, all vehicles for which import eligibility Intergovernmental relations, Reporting List of Nonconforming Vehicles Decided to be Eligible for Importation decisions have been made must be and recordkeeping requirements, published annually in the Federal Sewage sludge incinerators. AGENCY: National Highway Traffic Register. On October 1, 1996, NHTSA Dated: September 3, 2015. Safety Administration (NHTSA), DOT. added the list as an appendix to 49 CFR Becky Weber, ACTION: Final rule. part 593, the regulations that establish procedures for import eligibility Acting Regional Administrator, Region 7. SUMMARY: This document revises the list decisions (61 FR 51242). As described For the reasons stated in the of vehicles not originally manufactured in the notice, NHTSA took that action preamble, EPA amends 40 CFR part 62 to conform to the Federal Motor Vehicle to ensure that the list is more widely as set forth below: Safety Standards (FMVSS) that NHTSA disseminated to government personnel

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55551

who oversee vehicle imports and to This rule does not impose any change agencies to prepare a written assessment interested members of the public. See 61 that would result in any impacts to the of the costs, benefits and other effects of FR 51242–43. In the notice, NHTSA quality of the human environment. proposed or final rules that include a expressed its intention to annually Accordingly, no environmental Federal mandate likely to result in the revise the list as published in the assessment is required. expenditure by State, local or tribal appendix to include any additional C. Regulatory Flexibility Act governments, in the aggregate, or by the vehicles decided by the agency to be private sector, of more than $100 eligible for importation since the list Pursuant to the Regulatory Flexibility million annually. This rule will not was last published. See 61 FR 51243. Act, we have considered the impacts of result in additional expenditures by The agency stated that issuance of the this rule on small entities (5 U.S.C. Sec. State, local or tribal governments or by document announcing these revisions 601 et seq.). I certify that this rule will any members of the private sector. will fulfill the annual publication not have a significant economic impact Therefore, the agency has not prepared requirements of 49 U.S.C. 30141(b)(2). upon a substantial number of small an economic assessment pursuant to the Ibid. entities within the context of the Unfunded Mandates Reform Act. Regulatory Flexibility Act. The Regulatory Analyses and Notices following is our statement providing the F. Paperwork Reduction Act A. Executive Order 12866, Regulatory factual basis for the certification (5 Under the Paperwork Reduction Act Planning and Review U.S.C. Sec. 605(b)). This rule will not of 1995 (44 U.S.C. 3501 et seq.), a have any significant economic impact person is not required to respond to a Executive Order 12866, ‘‘Regulatory on a substantial number of small collection of information by a Federal Planning and Review’’ (58 FR 51735, businesses because the rule merely agency unless the collection displays a October 4, 1993), provides for making furnishes information by revising the valid OMB control number. This rule determinations about whether a list in the Code of Federal Regulations does not impose any new collection of regulatory action is ‘‘significant’’ and of vehicles for which import eligibility information requirements for which a 5 therefore subject to Office of decisions have previously been made. CFR part 1320 clearance must be Management and Budget (OMB) review Accordingly, we have not prepared a obtained. DOT previously submitted to and to the requirements of the Executive Final Regulatory Flexibility Analysis. OMB and OMB approved the collection Order. The Executive Order defines a of information associated with the ‘‘significant regulatory action’’ as one D. Executive Order 13132, Federalism vehicle importation program in OMB that is likely to result in a rule that may: Executive Order 13132 requires Clearance No. 2127–0002. (1) Have an annual effect on the NHTSA to develop an accountable economy of $100 million or more or process to ensure ‘‘meaningful and G. Civil Justice Reform adversely affects in a material way the timely input by State and local officials Pursuant to Executive Order 12988, economy, a sector of the economy, in the development of regulatory ‘‘Civil Justice Reform,’’ we have productivity, competition, jobs, the policies that have federalism considered whether this rule has any environment, public health or safety, or implications.’’ Executive Order 13132 retroactive effect. We conclude that it State, local, or Tribal governments or defines the term ‘‘Policies that have will not have such an effect. communities; federalism implications’’ to include (2) Create a serious inconsistency or regulations that have ‘‘substantial direct H. Plain Language otherwise interfere with an action taken effects on the States, on the relationship Executive Order 12866 requires each or planned by another agency; between the national government and agency to write all rules in plain (3) Materially alter the budgetary the States, or on the distribution of language. Application of the principles impact of entitlements, grants, user fees, power and responsibilities among the of plain language includes consideration or loan programs or the rights and various levels of government.’’ Under of the following questions: obligations of recipients thereof; or Executive Order 13132, NHTSA may not —Have we organized the material to suit (4) Raise novel legal or policy issues issue a regulation that has federalism the public’s needs? arising out of legal mandates, the implications, that imposes substantial —Are the requirements in the rule President’s priorities, or the principles direct compliance costs, and that is not clearly stated? set forth in the Executive Order. This required by statute, unless the Federal —Does the rule contain technical rule will not have any of these effects government provides the funds language or jargon that is not clear? and was not reviewed under Executive necessary to pay the direct compliance —Would a different format (grouping Order 12866. It is not significant within costs incurred by State and local and order of sections, use of headings, the meaning of the DOT Regulatory governments, or NHTSA consults with paragraphing) make the rule easier to Policies and Procedures. The effect of State and local officials early in the understand? this rule is not to impose new process of developing the regulation. —Would more (but shorter) sections be requirements. Instead it provides a This rule will have no direct effect on better? summary compilation of decisions on the States, on the relationship between —Could we improve clarity by adding import eligibility that have already been the national government and the States, tables, lists, or diagrams? made and does not involve new or on the distribution of power and —What else could we do to make the decisions. This rule will not impose any responsibilities among the various rule easier to understand? additional burden on any person. levels of government as specified in If you wish to do so, please comment Accordingly, the agency believes that Executive Order 13132. Thus, the on the extent to which this final rule the preparation of a regulatory requirements of section 6 of the effectively uses plain language evaluation is not warranted for this rule. Executive Order do not apply to this principles. B. Environmental Impacts rule. I. National Technology Transfer and We have not conducted an evaluation E. The Unfunded Mandates Reform Act Advancement Act of the impacts of this rule under the The Unfunded Mandates Reform Act Under the National Technology and National Environmental Policy Act. of 1995 (Public Law 104–4) requires Transfer and Advancement Act of 1995

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55552 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

(Pub. L. 104–113), ‘‘all Federal agencies United States since the last list was (2) ‘‘VSP’’ eligibility numbers are assigned and departments shall use technical published in September, 2014. to vehicles that are decided to be eligible standards that are developed or adopted In addition, so that the list of vehicles under Sec. 593.7(f), based on a petition from by voluntary consensus standards a manufacturer or registered importer for which import eligibility decisions submitted under Sec. 593.5(a)(1), which bodies, using such technical standards have been made may be included in the establishes that a substantially similar U.S.- as a means to carry out policy objectives next edition of 49 CFR parts 572 to 999, certified vehicle exists. or activities determined by the agencies which is due for revision on October 1, (3) ‘‘VCP’’ eligibility numbers are assigned and departments.’’ 2015, good cause exists to dispense with to vehicles that are decided to be eligible This rule does not require the use of the requirement in 5 U.S.C. 553(d) for under Sec. 593.7(f), based on a petition from any technical standards. the effective date of the rule to be a manufacturer or registered importer delayed for at least 30 days following its submitted under Sec. 593.5(a)(2), which J. Privacy Act publication. establishes that the vehicle has safety features that comply with, or are capable of Anyone is able to search the List of Subjects in 49 CFR Part 593 being altered to comply with, all applicable electronic form of all comments FMVSS. received into any of our dockets by the Imports, Motor vehicle safety, Motor (b) Vehicles for which eligibility decisions name of the individual submitting the vehicles. have been made are listed alphabetically, comment (or signing the comment, if In consideration of the foregoing, Part first by make, then by model, then by model submitted on behalf of an association, 593 of Title 49 of the Code of Federal year. (c) All hyphens used in the Model Year business, labor union, etc.). You may Regulations, Determinations that a column mean ‘‘through’’ (for example, review DOT’s complete Privacy Act vehicle not originally manufactured to ‘‘1995–1999’’ means ‘‘1995 through 1999’’). Statement in the Federal Register conform to the Federal motor vehicle (d) The initials ‘‘MC’’ used in the Make published on April 11, 2000 (Volume safety standards is eligible for column mean ‘‘Motorcycle.’’ 65, Number 70; Pages 19477–78). importation, is amended as follows: (e) The initials ‘‘SWB’’ used in the Model Type column mean ‘‘Short Wheel Base.’’ K. Executive Order 13045, Economically PART 593—[AMENDED] (f) The initials ‘‘LWB’’ used in the Model Significant Rules Disproportionately Typecolumn mean ‘‘Long Wheel Base.’’ Affecting Children ■ 1. The authority citation for part 593 (g) For vehicles with a European country continues to read as follows: of origin, the term ‘‘Model Year’’ ordinarily This rule is not subject to Executive means calendar year in which the vehicle Order 13045 because it is not Authority: 49 U.S.C. 322 and 30141(b); was produced. ‘‘economically significant’’ as defined delegation of authority at 49 CFR 1.95. (h) All vehicles are left-hand-drive (LHD) under Executive Order 12866, and does ■ 2. Appendix A to Part 593 is revised vehicles unless noted as RHD. The initials ‘‘RHD’’ used in the Model Type column not concern an environmental, health, to read as follows: or safety risk that NHTSA has reason to mean ‘‘right-hand-drive.’’ believe may have a disproportionate Appendix A to Part 593—List of (i) For vehicle models that have been determined to be eligible for importation effect on children. Vehicles Determined to be Eligible for Importation based on a petition submitted under Sec. L. Notice and Comment 593.5(a)(1), which establishes that a (a) Each vehicle on the following list is substantially similar U.S.-certified vehicle NHTSA finds that prior notice and preceded by a vehicle eligibility number. The exists, and no specific body style(s) are opportunity for comment are importer of a vehicle admissible under any listed, only the body style(s) of that vehicle unnecessary under 5 U.S.C. 553(b)(3)(B) eligibility decision must enter that number model that were U.S.-certified by the original because this action does not impose any on the HS–7 Declaration Form accompanying manufacturer are eligible for importation. For entry to indicate that the vehicle is eligible example, if the original manufacturer regulatory requirements. This rule for importation. manufactured both sedan and wagon body merely revises the list of vehicles not (1) ‘‘VSA’’ eligibility numbers are assigned styles for the described model, but only originally manufactured to conform to to all vehicles that are decided to be eligible certified the sedan for the U.S. market, the the FMVSS that NHTSA has decided to for importation on the initiative of the wagon body style would not be eligible for be eligible for importation into the Administrator under Sec. 593.8. importation under that determination.

VEHICLES CERTIFIED BY THEIR ORIGINAL MANUFACTURER AS COMPLYING WITH ALL APPLICABLE CANADIAN MOTOR VEHICLE SAFETY STANDARDS

VSA–80 ...... (a) All passenger cars manufactured on or after September 1, 1989, and before September 1, 1996, that, as originally manufactured, are equipped with an automatic restraint system that complies with Federal Motor Vehicle Safety Stand- ard (FMVSS) No. 208; (b) All passenger cars manufactured on or after September 1, 1996, and before September 1, 2002, that, as originally manufactured, are equipped with an automatic restraint system that complies with FMVSS No. 208, and that comply with FMVSS No. 214; (c) All passenger cars manufactured on or after September 1, 2002, and before September 1, 2007, that, as originally manufactured, are equipped with an automatic restraint system that complies with FMVSS No. 208, and that comply with FMVSS Nos. 201, 214, 225, and 401; (d) All passenger cars manufactured on or after September 1, 2007, and before September 1, 2008, that, as originally manufactured, comply with FMVSS Nos. 110, 118, 138, 201, 208, 213, 214, 225, and 401; (e) All passenger cars manufactured on or after September 1, 2008 and before September 1, 2009 that, as originally manufactured, comply with FMVSS Nos. 110, 118, 138, 201, 202a, 206, 208, 213, 214, 225, and 401; (f) All passenger cars manufactured on or after September 1, 2009 and before September 1, 2010 that, as originally manufactured, comply with FMVSS Nos. 118, 138, 201, 202a, 206, 208, 213, 214, 225, and 401; (g) All passenger cars manufactured on or after September 1, 2010 and before September 1, 2011 that, as originally manufactured, comply with FMVSS Nos. 118, 138, 201, 202a, 206, 208, 213, 214, and 225;

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55553

VEHICLES CERTIFIED BY THEIR ORIGINAL MANUFACTURER AS COMPLYING WITH ALL APPLICABLE CANADIAN MOTOR VEHICLE SAFETY STANDARDS—Continued

(h) All passenger cars manufactured on or after September 1, 2011 and before September 1, 2017 that, as originally manufactured, comply with FMVSS Nos. 138, 201, 206, 208, 213, 214, and 225. VSA–81 ...... (a) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less that are less than 25 years old and that were manufactured before September 1, 1991; (b) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less that were manu- factured on and after September 1, 1991, and before September 1, 1993 and that, as originally manufactured, comply with FMVSS Nos. 202 and 208; (c) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less that were manu- factured on or after September 1, 1993, and before September 1, 1998, and that, as originally manufactured, comply with FMVSS Nos. 202, 208, and 216; (d) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less that were manu- factured on or after September 1, 1998, and before September 1, 2002, and that, as originally manufactured, comply with FMVSS Nos. 202, 208, 214, and 216; (e) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less that were manu- factured on or after September 1, 2002, and before September 1, 2007, and that, as originally manufactured, comply with FMVSS Nos. 201, 202, 208, 214, and 216, and, insofar as it is applicable, with FMVSS No. 225; (f) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less manufactured on or after September 1, 2007 and before September 1, 2008, that, as originally manufactured, comply with FMVSS Nos. 110, 118, 201, 202, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; (g) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less manufactured on or after September 1, 2008 and before September 1, 2009, that, as originally manufactured, comply with FMVSS Nos. 110, 118, 201, 202a, 206, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; (h) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less manufactured on or after September 1, 2009 and before September 1, 2011, that, as originally manufactured, comply with FMVSS Nos. 118, 201, 202a, 206, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; (i) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less manufactured on or after September 1, 2011 and before September 1, 2012, that, as originally manufactured, comply with FMVSS Nos. 201, 202a, 206, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 and 225; (j) All multipurpose passenger vehicles, trucks, and buses with a GVWR of 4,536 kg (10,000lb) or less manufactured on or after September 1, 2012 and before September 1, 2017, that, as originally manufactured, comply with FMVSS Nos. 201, 206, 208, 213, 214, and 216, and insofar as they are applicable, with FMVSS Nos. 138 222, and 225; VSA–82 ...... All multipurpose passenger vehicles, trucks, and buses with a GVWR greater than 4,536 kg (10,000 lb) that are less than 25 years old. VSA–83 ...... All trailers and motorcycles less than 25 years old.

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET

Make Model type(s) Body/chassis Model years(s) VSP VSA VCP

Acura ...... Legend ...... 1990–1992 ...... 305 ...... AHLM ...... SPT 16–25 trailer ...... 2012 ...... 55 Alfa Romeo ...... 164 ...... 1991 ...... 76 ...... Alfa Romeo ...... 164 ...... 1994 ...... 156 ...... Alfa Romeo ...... Spider ...... 1992 ...... 503 ...... Alpina ...... B10 Series ...... 1990–1996 ...... 54 Alpina ...... B11 ...... Sedan ...... 1990–1994 ...... 48 Alpina ...... B12 ...... Coupe ...... 1990–1996 ...... 43 Alpina ...... B12 5.0 ...... Sedan ...... 1990–1994 ...... 41 Alpina ...... B5 series (manufactured before ...... 2005–2007 ...... 53 9/1/06). Al-Spaw ...... EMA Mobile Stage Trailer ...... 2009 ...... 42 Aston Martin ...... Vanquish ...... 2002–2004 ...... 430 ...... Aston Martin ...... Vantage ...... 2006–2007 ...... 530 ...... Audi ...... 100 ...... 1990–1992 ...... 317 ...... Audi ...... 100 ...... 1993 ...... 244 ...... Audi ...... A4 ...... 1996–2000 ...... 352 ...... Audi ...... A4, RS4, S4 ...... 8D ...... 2000–2001 ...... 400 ...... Audi ...... A6 ...... 1998–1999 ...... 332 ...... Audi ...... A8 ...... 1997–2000 ...... 337 ...... Audi ...... A8 ...... 2000 ...... 424 ...... Audi ...... A8 Avant Quattro ...... 1996 ...... 238 ...... Audi ...... RS6 & RS Avant ...... 2003 ...... 443 ...... Audi ...... S6 ...... 1996 ...... 428 ...... Audi ...... S8 ...... 2000 ...... 424 ...... Audi ...... TT ...... 2000–2001 ...... 364 ...... Bentley ...... Arnage (manufactured 1/1/01–12/ ...... 2001 ...... 473 ...... 31/01). Bentley ...... Azure (LHD & RHD) ...... 1998 ...... 485 ...... Bimota (MC) ...... DB4 ...... 2000 ...... 397 ...... Bimota (MC) ...... SB6 ...... 1994–1999 ...... 523 ......

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55554 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body/chassis Model years(s) VSP VSA VCP

Bimota (MC) ...... SB8 ...... 1999–2000 ...... 397 ...... BMW ...... 3 Series ...... 1992–1994 ...... 550 ...... BMW ...... 3 Series ...... 1995–1997 ...... 248 ...... BMW ...... 3 Series ...... 1998 ...... 462 ...... BMW ...... 3 Series ...... 1999 ...... 379 ...... BMW ...... 3 Series ...... 2000 ...... 356 ...... BMW ...... 3 Series ...... 2001 ...... 379 ...... BMW ...... 3 Series ...... 2003–2004 ...... 487 ...... BMW ...... 320i ...... 1990–1991 ...... 283 ...... BMW ...... 325i ...... 4-door ...... 1991 ...... 96 ...... BMW ...... 325i ...... 1992–1996 ...... 197 ...... BMW ...... 325iX ...... 1990 ...... 205 ...... BMW ...... 5 Series ...... 1990–1995 ...... 194 ...... BMW ...... 5 Series ...... 1995–1997 ...... 249 ...... BMW ...... 5 Series ...... 1998–1999 ...... 314 ...... BMW ...... 5 Series ...... 2000 ...... 345 ...... BMW ...... 5 Series ...... 2000–2002 ...... 414 ...... BMW ...... 5 Series ...... 2003–2004 ...... 450 ...... BMW ...... 5 Series (manufactured prior to 9/ ...... 2005–2007 ...... 555 ...... 1/2006). BMW ...... 7 Series ...... 1990–1991 ...... 299 ...... BMW ...... 7 Series ...... 1992 ...... 232 ...... BMW ...... 7 Series ...... 1993–1994 ...... 299 ...... BMW ...... 7 Series ...... 1995–1999 ...... 313 ...... BMW ...... 7 Series ...... 1999–2001 ...... 366 ...... BMW ...... 760i ...... 2004 ...... 559 ...... BMW ...... 8 Series ...... 1991–1995 ...... 361 ...... BMW ...... 850 Series ...... 1997 ...... 396 ...... BMW ...... 850i ...... 1990 ...... 10 ...... BMW ...... M3 ...... 2-door convert- 1991 ...... 60 ible. BMW ...... M3 ...... 2006–2010 ...... 571 ...... BMW ...... M3 (manufactured prior to 9/1/06) ...... 2006 ...... 520 ...... BMW ...... X5 (manufactured 1/1/03–12/31/ ...... 2003–2004 ...... 459 ...... 04). BMW ...... Z3 ...... 2002 ...... 568 ...... BMW ...... Z3 ...... 1996–1998 ...... 260 ...... BMW ...... Z3 (European market) ...... 1999 ...... 483 ...... BMW ...... Z4 ...... 2010 ...... 553 ...... BMW ...... Z8 ...... 2000–2001 ...... 350 ...... BMW ...... Z8 ...... 2002 ...... 406 ...... BMW (MC) ...... C1 ...... 2000–2003 ...... 40 BMW (MC) ...... K1 ...... 1990–1993 ...... 228 ...... BMW (MC) ...... K100 ...... 1990–1992 ...... 285 ...... BMW (MC) ...... K1100, K1200 ...... 1993–1998 ...... 303 ...... BMW (MC) ...... K1200 GT ...... 2003 ...... 556 ...... BMW (MC) ...... K75 ...... 1996 ...... 36 BMW (MC) ...... K75S ...... 1990–1995 ...... 229 ...... BMW (MC) ...... R1100 ...... 1994–1997 ...... 231 ...... BMW (MC) ...... R1100 ...... 1998–2001 ...... 368 ...... BMW (MC) ...... R1100 S ...... 2002 ...... 557 ...... BMW (MC) ...... R1100RS ...... 1994 ...... 177 ...... BMW (MC) ...... R1150GS ...... 2000 ...... 453 ...... BMW (MC) ...... R1200C ...... 1998–2001 ...... 359 ...... BMW (MC) ...... R80, R100 ...... 1990–1995 ...... 295 ...... BMW (MC) ...... S1000RR ...... 2011–2012 ...... 563 ...... Buell (MC) ...... All Models ...... 1995–2002 ...... 399 ...... Cadillac ...... DeVille ...... 1994–1999 ...... 300 ...... Cadillac ...... DeVille (manufactured 8/1/99–12/ ...... 2000 ...... 448 ...... 31/00). Cadillac ...... Escalade ...... 2008 ...... 572 ...... Cadillac ...... Seville ...... 1991 ...... 375 ...... Cagiva (MC) ...... Gran Canyon 900 ...... 1999 ...... 444 ...... Carrocerias ...... Cimarron trailer ...... 2006–2007 ...... 37 Chevrolet ...... 400SS ...... 1995 ...... 150 ...... Chevrolet ...... Astro Van ...... 1997 ...... 298 ...... Chevrolet ...... Blazer (plant code of ‘‘K’’ or ‘‘2’’ ...... 1997 ...... 349 ...... in the 11th position of the VIN). Chevrolet ...... Blazer (plant code of ‘‘K’’ or ‘‘2’’ ...... 2001 ...... 461 ...... in the 11th position of the VIN). Chevrolet ...... Camaro ...... 1999 ...... 435 ...... Chevrolet ...... Cavalier ...... 1997 ...... 369 ......

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55555

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body/chassis Model years(s) VSP VSA VCP

Chevrolet ...... Corvette ...... 2007 ...... 544 ...... Chevrolet ...... Corvette ...... 1992 ...... 365 ...... Chevrolet ...... Corvette ...... Coupe ...... 1999 ...... 419 ...... Chevrolet ...... Suburban ...... 2005 ...... 541 ...... Chevrolet ...... Suburban ...... 1990–1991 ...... 242 ...... Chevrolet ...... Tahoe ...... 2000 ...... 504 ...... Chevrolet ...... Tahoe ...... 2001 ...... 501 ...... Chevrolet ...... Trailblazer (manufactured prior to ...... 2007 ...... 514 ...... 9/1/07 for sale in the Kuwaiti market). Chevy ...... Impala ...... 1996 ...... 561 ...... Chrysler ...... Daytona ...... 1992 ...... 344 ...... Chrysler ...... Grand Voyager ...... 1998 ...... 373 ...... Chrysler ...... LHS (Mexican market) ...... 1996 ...... 276 ...... Chrysler ...... Town and Country ...... 1993 ...... 273 ...... Citroen ...... XM ...... 1990–1992 ...... 1 Diamler ...... G Class ...... 463 Chassis ...... 1991 ...... 51 Dodge ...... Durango ...... 2007 ...... 534 ...... Dodge ...... Ram ...... 1994–1995 ...... 135 ...... Dodge ...... Ram 1500 Laramie Crew Cab ...... 2009 ...... 535 ...... Ducati (MC) ...... 600SS ...... 1992–1996 ...... 241 ...... Ducati (MC) ...... 748 ...... 1999–2003 ...... 421 ...... Ducati (MC) ...... 748 Biposto ...... 1996–1997 ...... 220 ...... Ducati (MC) ...... 888 ...... 1993 ...... 500 ...... Ducati (MC) ...... 900 ...... 2001 ...... 452 ...... Ducati (MC) ...... 900SS ...... 1991–1996 ...... 201 ...... Ducati (MC) ...... 916 ...... 1999–2003 ...... 421 ...... Ducati (MC) ...... 996 Biposto ...... 1999–2001 ...... 475 ...... Ducati (MC) ...... 996R ...... 2001–2002 ...... 398 ...... Ducati (MC) ...... MH900E ...... 2001–2002 ...... 524 ...... Ducati (MC) ...... Monster 600 ...... 2001 ...... 407 ...... Ducati (MC) ...... ST4S ...... 1999–2005 ...... 474 ...... E. Lancashine Double Decker Bus ...... Volvo B7L chas- 2000 ...... 59 Coachbuilders sis. Limited. Eagle ...... Vision ...... 1994 ...... 323 ...... Ferrari ...... 348 TB ...... 1992 ...... 86 ...... Ferrari ...... 348 TS ...... 1992 ...... 161 ...... Ferrari ...... 360 ...... 2001 ...... 376 ...... Ferrari ...... 360 ...... Spider & Coupe 2003 ...... 410 ...... Ferrari ...... 360 (manufactured after 9/31/02) ...... 2002 ...... 433 ...... Ferrari ...... 360 (manufactured before 9/1/02) ...... 2002 ...... 402 ...... Ferrari ...... 360 Modena ...... 1999–2000 ...... 327 ...... Ferrari ...... 360 Series ...... 2004 ...... 446 ...... Ferrari ...... 456 ...... 1995 ...... 256 ...... Ferrari ...... 456 GT & GTA ...... 1997–1998 ...... 408 ...... Ferrari ...... 456 GT & GTA ...... 1999 ...... 445 ...... Ferrari ...... 512 TR ...... 1993 ...... 173 ...... Ferrari ...... 550 ...... 2001 ...... 377 ...... Ferrari ...... 550 Marinello ...... 1997–1999 ...... 292 ...... Ferrari ...... 575 ...... 2002–2003 ...... 415 ...... Ferrari ...... 575 ...... 2004–2005 ...... 507 ...... Ferrari ...... 599 (manufactured prior to 9/1/ ...... 2006 ...... 518 ...... 06). Ferrari ...... 612 Scaglietti ...... 2005 ...... 545 ...... Ferrari ...... California (Manufactured for the ...... 2010 ...... 570 ...... European Market). Ferrari ...... Enzo ...... 2003–2004 ...... 436 ...... Ferrari ...... F355 ...... 1995 ...... 259 ...... Ferrari ...... F355 ...... 1996–1998 ...... 355 ...... Ferrari ...... F355 ...... 1999 ...... 391 ...... Ferrari ...... F430 (manufactured prior to 9/1/ ...... 2005–2006 ...... 479 ...... 06). Ferrari ...... F50 ...... 1995 ...... 226 ...... Ford ...... Bronco (manufactured in Ven- ...... 1995–1996 ...... 265 ...... ezuela). Ford ...... Escape (manufactured prior to 9/ ...... 2007 ...... 551 ...... 1/2006). Ford ...... Escort (Nicaraguan market) ...... 1996 ...... 322 ...... Ford ...... Escort RS Cosworth ...... 1994–1995 ...... 9 Ford ...... Explorer (manufactured in Ven- ...... 1991–1998 ...... 268 ...... ezuela).

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55556 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body/chassis Model years(s) VSP VSA VCP

Ford ...... F150 ...... 2000 ...... 425 ...... Ford ...... F–150 Crew Cab (manufactured ...... 2004 ...... 548 ...... for sale in the Mexican market). Ford ...... Mustang ...... 1997 ...... 471 ...... Ford ...... Mustang ...... 1993 ...... 367 ...... Ford ...... Windstar ...... 1995–1998 ...... 250 ...... Freightliner ...... FLD12064ST ...... 1991–1996 ...... 179 ...... Freightliner ...... FTLD112064SD ...... 1991–1996 ...... 178 ...... Gemala ...... Saranaupaya 1600 Double Axle ...... 2001 ...... 58 trailer. GMC ...... Suburban ...... 1992–1994 ...... 134 ...... Harley Davidson FL Series ...... 2010 ...... 528 ...... (MC). Harley Davidson FX, FL, XL & VR Series ...... 2008 ...... 517 ...... (MC). Harley Davidson FX, FL, XL & VR Series ...... 2009 ...... 522 ...... (MC). Harley Davidson FX, FL, XL & VR Series ...... 2004 ...... 422 ...... (MC). Harley Davidson FX, FL, XL & VR Series ...... 2011–2014 ...... 567 ...... (MC). Harley Davidson FX, FL, XL Series ...... 2005 ...... 472 ...... (MC). Harley Davidson FX, FL, XL Series ...... 2006 ...... 491 ...... (MC). Harley Davidson FX, FL, XL Series ...... 1990–1997 ...... 202 ...... (MC). Harley Davidson FX, FL, XL Series ...... 1998 ...... 253 ...... (MC). Harley Davidson FX, FL, XL Series ...... 1999 ...... 281 ...... (MC). Harley Davidson FX, FL, XL Series ...... 2000 ...... 321 ...... (MC). Harley Davidson FX, FL, XL Series ...... 2001 ...... 362 ...... (MC). Harley Davidson FX, FL, XL Series ...... 2002 ...... 372 ...... (MC). Harley Davidson FX, FL, XL Series ...... 2003 ...... 393 ...... (MC). Harley Davidson FX, FL, XL, & VR Series ...... 2007 ...... 506 ...... (MC). Harley Davidson FXSTC Soft Tail Custom ...... 2007 ...... 499 ...... (MC). Harley Davidson VRSCA ...... 2002 ...... 374 ...... (MC). Harley Davidson VRSCA ...... 2003 ...... 394 ...... (MC). Harley Davidson VRSCA ...... 2004 ...... 422 ...... (MC). Hatty ...... 45 ft double axle trailer ...... 1999–2000 ...... 38 Heku ...... 750 KG boat trailer ...... 2005 ...... 33 Hobby ...... Exclusive 650 KMFE Trailer ...... 2002–2003 ...... 29 Honda ...... Accord ...... 1991 ...... 280 ...... Honda ...... Accord ...... 1992–1999 ...... 319 ...... Honda ...... Accord (RHD) ...... sedan & wagon 1994–1997 ...... 451 ...... Honda ...... CRV ...... 2002 ...... 447 ...... Honda ...... CR–V ...... 2005 ...... 489 ...... Honda ...... Prelude ...... 1994–1997 ...... 309 ...... Honda (MC) ...... CB 750 (CB750F2T) ...... 1996 ...... 440 ...... Honda (MC) ...... CBR 250 ...... 1990–1994 ...... 22 Honda (MC) ...... NT700V (Deauville) ...... 2006–2013 ...... 57 Honda (MC) ...... RVF 400 ...... 1994–2000 ...... 358 ...... Honda (MC) ...... VF750 ...... 1994–1998 ...... 290 ...... Honda (MC) ...... VFR 400 ...... 1994–2000 ...... 358 ...... Honda (MC) ...... VFR 400, RVF 400 ...... 1990–1993 ...... 24 Honda (MC) ...... VFR750 ...... 1990 ...... 34 ...... Honda (MC) ...... VFR750 ...... 1991–1997 ...... 315 ...... Honda (MC) ...... VFR800 ...... 1998–1999 ...... 315 ...... Honda (MC) ...... VT600 ...... 1991–1998 ...... 294 ...... Hyundai ...... Elantra ...... 1992–1995 ...... 269 ...... Hyundai ...... XG350 ...... 2004 ...... 494 ...... Ifor Williams ...... LM85G trailer ...... 2005 ...... 49

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55557

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body/chassis Model years(s) VSP VSA VCP

Jaguar ...... Sovereign ...... 1993 ...... 78 ...... Jaguar ...... S-Type ...... 2000–2002 ...... 411 ...... Jaguar ...... XJ8 ...... 2002 ...... 536 ...... Jaguar ...... XJS ...... 1991 ...... 175 ...... Jaguar ...... XJS ...... 1992 ...... 129 ...... Jaguar ...... XJS ...... 1994–1996 ...... 195 ...... Jaguar ...... XJS, XJ6 ...... 1990–1990 ...... 336 ...... Jaguar ...... XK–8 ...... 1998 ...... 330 ...... Jaguar ...... XKR ...... 2005 ...... 560 ...... Jeep ...... Cherokee ...... 1993 ...... 254 ...... Jeep ...... Cherokee (European market) ...... 1991 ...... 211 ...... Jeep ...... Cherokee (LHD & RHD) ...... 1994 ...... 493 ...... Jeep ...... Cherokee (LHD & RHD) ...... 1996 ...... 493 ...... Jeep ...... Cherokee (LHD & RHD) ...... 1995 ...... 180 ...... Jeep ...... Cherokee (LHD) ...... 1997–2001 ...... 515 ...... Jeep ...... Cherokee (RHD) ...... 1997–1998 ...... 516 ...... Jeep ...... Cherokee (Venezuelan market) ...... 1992 ...... 164 ...... Jeep ...... Grand Cherokee ...... 1994 ...... 404 ...... Jeep ...... Grand Cherokee ...... 1997 ...... 431 ...... Jeep ...... Grand Cherokee ...... 2001 ...... 382 ...... Jeep ...... Grand Cherokee (LHD—Japa- ...... 1997 ...... 389 ...... nese market). Jeep ...... Liberty ...... 2005 ...... 505 ...... Jeep ...... Liberty ...... 2002 ...... 466 ...... Jeep ...... Liberty (Mexican market) ...... 2004 ...... 457 ...... Jeep ...... Wrangler ...... 1992 ...... 562 ...... Jeep ...... Wrangler ...... 1993 ...... 217 ...... Jeep ...... Wrangler ...... 1995 ...... 255 ...... Jeep ...... Wrangler ...... 1998 ...... 341 ...... Jeep ...... Wrangler (manufactured for sale ...... 2003 ...... 547 ...... in the Mexican market). Jeep ...... Wrangler (RHD) ...... 2000–2003 ...... 50 Kawasaki (MC) ... EL250 ...... 1992–1994 ...... 233 ...... Kawasaki (MC) ... Ninja ZX–6R ...... 2002 ...... 44 Kawasaki (MC) ... VN1500–P1/P2 series ...... 2003 ...... 492 ...... Kawasaki (MC) ... ZR750 ...... 2000–2003 ...... 537 ...... Kawasaki (MC) ... ZX400 ...... 1990–1997 ...... 222 ...... Kawasaki (MC) ... ZX6, ZX7, ZX9, ZX10, ZX11 ...... 1990–1999 ...... 312 ...... Kawasaki (MC) ... ZX600 ...... 1990–1998 ...... 288 ...... Kawasaki (MC) ... ZZR1100 ...... 1993–1998 ...... 247 ...... Ken-Mex ...... T800 ...... 1990–1996 ...... 187 ...... Kenworth ...... T800 ...... 1992 ...... 115 ...... Komet ...... Standard, Classic & Eurolite trail- ...... 2000–2005 ...... 477 ...... er. KTM (MC) ...... Duke II ...... 1995–2000 ...... 363 ...... Lamborghini ...... Diablo ...... Coupe ...... 1997 ...... 26 Lamborghini ...... Diablo (except 1997 Coupe) ...... 1996–1997 ...... 416 ...... Lamborghini ...... Gallardo (manufactured 1/1/04– ...... 2004 ...... 458 ...... 12/31/04). Lamborghini ...... Gallardo (manufactured 1/1/06–8/ ...... 2006 ...... 508 ...... 31/06). Lamborghini ...... Murcielago ...... Roadster ...... 2005 ...... 476 ...... Land Rover ...... Defender 110 ...... 1993 ...... 212 ...... Land Rover ...... Defender 90 ...... VIN & Body Lim- 1994–1995 ...... 512 ...... ited. Land Rover...... Defender 90 (manufactured be- ...... 1997 ...... 432 ...... fore 9/1/97) and VIN ‘‘SALDV224*VA’’ or ‘‘SALDV324*VA’’. Land Rover ...... Discovery ...... 1994–1998 ...... 338 ...... Land Rover ...... Discovery (II) ...... 2000 ...... 437 ...... Land Rover ...... Range Rover ...... 2004 ...... 509 ...... Land Rover ...... Range Rover ...... 2006 ...... 538 ...... Lexus ...... GS300 ...... 1993–1996 ...... 293 ...... Lexus ...... GS300 ...... 1998 ...... 460 ...... Lexus ...... RX300 ...... 1998–1999 ...... 307 ...... Lexus ...... SC300 ...... 1991–1996 ...... 225 ...... Lexus ...... SC400 ...... 1991–1996 ...... 225 ...... Lincoln ...... Mark VII ...... 1992 ...... 144 ...... M&V ...... Type NS4G31 trailer ...... 2008–2010 ...... 46 Magni (MC) ...... Australia, Sfida ...... 1996–1999 ...... 264 ...... Mazda ...... MPV ...... 2000 ...... 413 ......

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55558 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body/chassis Model years(s) VSP VSA VCP

Mazda ...... MX–5 Miata ...... 1990–1993 ...... 184 ...... Mazda ...... RX–7 ...... 1990–1995 ...... 279 ...... Mazda ...... Xedos 9 ...... 1995–2000 ...... 351 ...... McLaren ...... MP4–12C ...... 2012 ...... 569 ...... Mercedes-Benz .. 190 E ...... 201.028 ...... 1990 ...... 22 ...... Mercedes-Benz .. 190 E ...... 201.036 ...... 1990 ...... 104 ...... Mercedes-Benz .. 190 E ...... 201.024 ...... 1991 ...... 45 ...... Mercedes-Benz .. 190 E ...... 201.028 ...... 1992 ...... 71 ...... Mercedes-Benz .. 190 E ...... 201.018 ...... 1992 ...... 126 ...... Mercedes-Benz .. 190 E ...... 1993 ...... 454 ...... Mercedes-Benz .. 200 E ...... 124.012 ...... 1991 ...... 109 ...... Mercedes-Benz .. 200 E ...... 124.019 ...... 1993 ...... 75 ...... Mercedes-Benz .. 220 E ...... 1993 ...... 168 ...... Mercedes-Benz .. 220 TE ...... Station Wagon .. 1993–1996 ...... 167 ...... Mercedes-Benz .. 230 CE ...... 124.043 ...... 1991 ...... 84 ...... Mercedes-Benz .. 230 CE ...... 123.043 ...... 1992 ...... 203 ...... Mercedes-Benz .. 230 E ...... 124.023 ...... 1990 ...... 19 ...... Mercedes-Benz .. 230 E ...... 124.023 ...... 1991 ...... 74 ...... Mercedes-Benz .. 230 E ...... 124.023 ...... 1993 ...... 127 ...... Mercedes-Benz .. 250 D ...... 1992 ...... 172 ...... Mercedes-Benz .. 250 E ...... 1990–1993 ...... 245 ...... Mercedes-Benz .. 260 E ...... 124.026 ...... 1992 ...... 105 ...... Mercedes-Benz .. 280 E ...... 1993 ...... 166 ...... Mercedes-Benz .. 300 CE ...... 124.051 ...... 1990 ...... 64 ...... Mercedes-Benz .. 300 CE ...... 124.051 ...... 1991 ...... 83 ...... Mercedes-Benz .. 300 CE ...... 124.050 ...... 1992 ...... 117 ...... Mercedes-Benz .. 300 CE ...... 124.061 ...... 1993 ...... 94 ...... Mercedes-Benz .. 300 E ...... 124.031 ...... 1992 ...... 114 ...... Mercedes-Benz .. 300 E 4-Matic ...... 1990–1993 ...... 192 ...... Mercedes-Benz .. 300 SE ...... 126.024 ...... 1990 ...... 68 ...... Mercedes-Benz .. 300 SEL ...... 126.025 ...... 1990 ...... 21 ...... Mercedes-Benz .. 300 SL ...... 129.006 ...... 1992 ...... 54 ...... Mercedes-Benz .. 300 TE ...... 124.090 ...... 1990 ...... 40 ...... Mercedes-Benz .. 300 TE ...... 1992 ...... 193 ...... Mercedes-Benz .. 320 CE ...... 1993 ...... 310 ...... Mercedes-Benz .. 320 SL ...... 1992–1993 ...... 142 ...... Mercedes-Benz .. 350 CLS ...... 2004 ...... 45 Mercedes-Benz .. 400 SE ...... 1992–1994 ...... 296 ...... Mercedes-Benz .. 420 E ...... 1993 ...... 169 ...... Mercedes-Benz .. 420 SE ...... 1990–1991 ...... 230 ...... Mercedes-Benz .. 420 SEC ...... 1990 ...... 209 ...... Mercedes-Benz .. 420 SEL ...... 126.035 ...... 1990 ...... 48 ...... Mercedes-Benz .. 500 E ...... 124.036 ...... 1991 ...... 56 ...... Mercedes-Benz .. 500 SE ...... 1990 ...... 154 ...... Mercedes-Benz .. 500 SE ...... 140.050 ...... 1991 ...... 26 ...... Mercedes-Benz .. 500 SEC ...... 126.044 ...... 1990 ...... 66 ...... Mercedes-Benz .. 500 SEL ...... 1990 ...... 153 ...... Mercedes-Benz .. 500 SEL ...... 126.037 ...... 1991 ...... 63 ...... Mercedes-Benz .. 500 SL ...... 126.066 ...... 1991 ...... 33 ...... Mercedes-Benz .. 500 SL ...... 129.006 ...... 1992 ...... 60 ...... Mercedes-Benz .. 560 SEC ...... 126.045 ...... 1990 ...... 141 ...... Mercedes-Benz .. 560 SEC ...... 1991 ...... 333 ...... Mercedes-Benz .. 560 SEL ...... 126.039 ...... 1990 ...... 89 ...... Mercedes-Benz .. 560 SEL ...... 140 ...... 1991 ...... 469 ...... Mercedes-Benz .. 600 SEC ...... Coupe ...... 1993 ...... 185 ...... Mercedes-Benz .. 600 SEL ...... 140.057 ...... 1993–1998 ...... 271 ...... Mercedes-Benz .. 600 SL ...... 129.076 ...... 1992 ...... 121 ...... Mercedes-Benz .. C 320 ...... 203 ...... 2001–2002 ...... 441 ...... Mercedes-Benz .. C Class ...... 1994–1999 ...... 331 ...... Mercedes-Benz .. C Class ...... 203 ...... 2000–2001 ...... 456 ...... Mercedes-Benz .. C Class (manufactured prior to 9/ W203 ...... 2003–2006 ...... 521 ...... 1/2006). Mercedes-Benz .. CL 500 ...... 1998 ...... 277 ...... Mercedes-Benz .. CL 500 ...... 1999–2001 ...... 370 ...... Mercedes-Benz .. CL 600 ...... 1999–2001 ...... 370 ...... Mercedes-Benz .. CLK 320 ...... 1998 ...... 357 ...... Mercedes-Benz .. CLK Class ...... 1999–2001 ...... 380 ...... Mercedes-Benz .. CLK Class ...... 209 ...... 2002–2005 ...... 478 ...... Mercedes-Benz .. CLS Class (manufactured prior to ...... 2006 ...... 532 ...... 9/1/06). Mercedes-Benz .. E 200 ...... 1994 ...... 207 ...... Mercedes-Benz .. E 200 ...... 1995–1998 ...... 278 ......

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55559

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body/chassis Model years(s) VSP VSA VCP

Mercedes-Benz .. E 220 ...... 1994–1996 ...... 168 ...... Mercedes-Benz .. E 250 ...... 1994–1995 ...... 245 ...... Mercedes-Benz .. E 280 ...... 1994–1996 ...... 166 ...... Mercedes-Benz .. E 320 ...... 1994–1998 ...... 240 ...... Mercedes-Benz .. E 320 ...... Station Wagon .. 1994–1999 ...... 318 ...... Mercedes-Benz .. E 320 ...... 211 ...... 2002–2003 ...... 418 ...... Mercedes-Benz .. E 420 ...... 1994–1996 ...... 169 ...... Mercedes-Benz .. E 500 ...... 1994 ...... 163 ...... Mercedes-Benz .. E 500 ...... 1995–1997 ...... 304 ...... Mercedes-Benz .. E Class ...... W210 ...... 1996–2002 ...... 401 ...... Mercedes-Benz .. E Class ...... 211 ...... 2003–2004 ...... 429 ...... Mercedes-Benz .. E Series ...... 1991–1995 ...... 354 ...... Mercedes-Benz .. G Class ...... 463 Chassis, 2005 ...... 549 ...... LWB. Mercedes-Benz .. G Class LWB ...... 463 Chassis ...... 2006–2007 ...... 527 ...... Mercedes-Benz .. G-Wagon ...... 463 ...... 1996 ...... 11 Mercedes-Benz .. G-Wagon ...... 463 ...... 1997 ...... 15 Mercedes-Benz .. G-Wagon ...... 463 ...... 1998 ...... 16 Mercedes-Benz .. G-Wagon ...... 463 ...... 1999–2000 ...... 18 Mercedes-Benz .. G-Wagon 300 GE LWB ...... 463.228 ...... 1990–1992 ...... 5 Mercedes-Benz .. G-Wagon 300 GE LWB ...... 463.228 ...... 1993 ...... 3 Mercedes-Benz .. G-Wagon 300 GE LWB ...... 463.228 ...... 1994 ...... 5 Mercedes-Benz .. G-Wagon 320 LWB ...... 463 ...... 1995 ...... 6 Mercedes-Benz .. G-Wagon 5 DR LWB ...... 463 ...... 2001 ...... 21 Mercedes-Benz .. G-Wagon LWB ...... 463 5 DR ...... 2002 ...... 392 ...... Mercedes-Benz .. G-Wagon LWB V–8 ...... 463 ...... 1992–1996 ...... 13 Mercedes-Benz .. G-Wagon SWB ...... 463 ...... 2005 ...... 31 Mercedes-Benz .. G-Wagon SWB ...... 463 ...... 1990–1996 ...... 14 Mercedes-Benz .. G-Wagon SWB ...... 463 Cabriolet & 2001–2003 ...... 25 3DR. Mercedes-Benz .. G-Wagon SWB ...... 463 Cabriolet & 2004 ...... 28 3DR. Mercedes-Benz .. G-Wagon SWB (manufactured 463 Cabriolet & 2006 ...... 35 before 9/1/06). 3DR. Mercedes-Benz .. Maybach ...... 2004 ...... 486 ...... Mercedes-Benz .. S 280 ...... 140.028 ...... 1994 ...... 85 ...... Mercedes-Benz .. S 320 ...... 1994–1998 ...... 236 ...... Mercedes-Benz .. S 420 ...... 1994–1997 ...... 267 ...... Mercedes-Benz .. S 500 ...... 1994–1997 ...... 235 ...... Mercedes-Benz .. S 500 ...... 2000–2001 ...... 371 ...... Mercedes-Benz .. S 600 ...... Coupe ...... 1994 ...... 185 ...... Mercedes-Benz .. S 600 ...... 1995–1999 ...... 297 ...... Mercedes-Benz .. S 600 ...... 2000–2001 ...... 371 ...... Mercedes-Benz .. S 600L ...... 1994 ...... 214 ...... Mercedes-Benz .. S Class ...... 2012 ...... 565 ...... Mercedes-Benz .. S Class ...... 140 ...... 1991–1994 ...... 423 ...... Mercedes-Benz .. S Class ...... 1993 ...... 395 ...... Mercedes-Benz .. S Class ...... 1995–1998 ...... 342 ...... Mercedes-Benz .. S Class ...... 1998–1999 ...... 325 ...... Mercedes-Benz .. S Class ...... W220 ...... 1999–2002 ...... 387 ...... Mercedes-Benz .. S Class ...... 220 ...... 2002–2004 ...... 442 ...... Mercedes-Benz .. S Class ...... 2007–2010 ...... 566 ...... Mercedes-Benz .. S Class (manufactured prior to 9/ ...... 2005–2006 ...... 525 ...... 1/2006). Mercedes-Benz .. SE Class ...... 1992–1994 ...... 343 ...... Mercedes-Benz .. SEL Class ...... 140 ...... 1992–1994 ...... 343 ...... Mercedes-Benz .. SL Class ...... 1993–1996 ...... 329 ...... Mercedes-Benz .. SL Class ...... W129 ...... 1997–2000 ...... 386 ...... Mercedes-Benz .. SL Class ...... R230 ...... 2001–2002 ...... 19 Mercedes-Benz .. SL Class (European market) ...... 230 ...... 2003–2005 ...... 470 ...... Mercedes-Benz .. SLK ...... 1997–1998 ...... 257 ...... Mercedes-Benz .. SLK ...... 2000–2001 ...... 381 ...... Mercedes-Benz .. SLK Class (manufactured be- 171 Chassis ...... 2005–2006 ...... 511 ...... tween 8/31/04 and 8/31/06). Mercedes-Benz .. SLR (manufactured prior to 9/1/ ...... 2005–2006 ...... 558 ...... 2006). Mercedes-Benz Sprinter ...... 2001–2005 ...... 468 ...... (truck). Mini ...... Cooper (European market) ...... Convertible ...... 2005 ...... 482 ...... Mitsubishi ...... Outlander ...... 2011 ...... 564 ...... Moto Guzzi (MC) California ...... 2000–2001 ...... 495 ...... Moto Guzzi (MC) California EV ...... 2002 ...... 403 ......

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55560 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body/chassis Model years(s) VSP VSA VCP

Moto Guzzi (MC) Daytona ...... 1993 ...... 118 ...... Moto Guzzi (MC) Daytona RS ...... 1996–1999 ...... 264 ...... MV Agusta (MC) F4 ...... 2000 ...... 420 ...... Nissan ...... GTS & GTR (RHD), a.k.a. ‘‘Sky- R33 ...... 1996–1998 ...... 32 line,’’ manufactured 1/96–6/98. Nissan ...... Pathfinder ...... 1990–1995 ...... 316 ...... Nissan ...... Pathfinder ...... 2002 ...... 412 ...... Plymouth ...... Voyager ...... 1996 ...... 353 ...... Pontiac ...... Firebird Trans Am ...... 1995 ...... 481 ...... Pontiac (MPV) .... Trans Sport ...... 1993 ...... 189 ...... Porsche ...... 911 ...... 1991 ...... 526 ...... Porsche ...... 911 ...... 997 ...... 2009 ...... 542 ...... Porsche ...... 911 ...... 1997–2000 ...... 346 ...... Porsche ...... 911 (996) Carrera ...... 2002–2004 ...... 439 ...... Porsche ...... 911 (996) GT3 ...... 2004 ...... 438 ...... Porsche ...... 911 C4 ...... 1990 ...... 29 ...... Porsche ...... 911 Carrera ...... 1993 ...... 165 ...... Porsche ...... 911 Carrera ...... 1994 ...... 103 ...... Porsche ...... 911 Carrera ...... 1995–1996 ...... 165 ...... Porsche ...... 911 Carrera (manufactured prior Cabriolet ...... 2005–2006 ...... 513 ...... to 9/1/06). Porsche ...... 911 Carrera (manufactured prior ...... 2005–2006 ...... 531 ...... to 9/1/06). Porsche ...... 911 Carrera 2 & Carrera 4 ...... 1992 ...... 52 ...... Porsche ...... 911 Turbo ...... 1992 ...... 125 ...... Porsche ...... 911 Turbo ...... 2001 ...... 347 ...... Porsche ...... 928 ...... 1991–1996 ...... 266 ...... Porsche ...... 928 ...... 1993–1998 ...... 272 ...... Porsche ...... 928 S4 ...... 1990 ...... 210 ...... Porsche ...... 944 S ...... Cabriolet ...... 1990 ...... 97 ...... Porsche ...... 944 S2 (2-door) ...... Hatchback ...... 1990 ...... 152 ...... Porsche ...... 946 Turbo ...... 1994 ...... 116 ...... Porsche ...... Boxster ...... 1997–2001 ...... 390 ...... Porsche ...... Boxster (manufactured before 9/ ...... 2002 ...... 390 ...... 1/02). Porsche ...... Carrera GT ...... 2004–2005 ...... 463 ...... Porsche ...... Carrera Series ...... 964 ...... 1992 ...... 546 ...... Porsche ...... Cayenne ...... 2003–2004 ...... 464 ...... Porsche ...... Cayenne (manufactured prior to ...... 2006 ...... 519 ...... 9/1/06). Porsche ...... Cayenne S ...... 2009 ...... 543 ...... Porsche ...... GT2 ...... 2001 ...... 20 Porsche ...... GT2 ...... 2002 ...... 388 ...... Porsche ...... GT3 RS ...... 2012 ...... 552 ...... Rice ...... Beaufort Double ...... 1991 ...... 529 ...... Rolls Royce ...... Bentley Brooklands ...... 1993 ...... 186 ...... Rolls Royce ...... Bentley Continental R ...... 1990–1993 ...... 258 ...... Rolls Royce ...... Bentley Turbo R ...... 1992–1993 ...... 291 ...... Rolls Royce ...... Bentley Turbo R ...... 1995 ...... 243 ...... Rolls Royce ...... Phantom ...... 2004 ...... 455 ...... Saab ...... 9.3 ...... 2003 ...... 426 ...... Saab ...... 900 SE ...... 1990–1994 ...... 219 ...... Saab ...... 900 SE ...... 1995 ...... 213 ...... Saab ...... 900 SE ...... 1996–1997 ...... 219 ...... Saab ...... 9000 ...... 1994 ...... 334 ...... Smart Car...... Fortwo coupe & cabriolet (incl...... 2002–2004 ...... 27 trim levels passion, pulse, & pure). Smart Car...... Fortwo coupe & cabriolet (incl...... 2005 ...... 30 trim levels passion, pulse, & pure). Smart Car...... Fortwo coupe & cabriolet (incl...... 2006 ...... 34 trim levels passion, pulse, & pure) manufactured before 9/1/ 06. Smart Car...... Fortwo coupe & cabriolet (incl...... 2007 ...... 39 trim levels passion, pulse, & pure) manufactured before 9/1/ 06. Subaru ...... Forester ...... 2006–2007 ...... 510 ...... Suzuki (MC) ...... GSF 750 ...... 1996–1998 ...... 287 ...... Suzuki (MC) ...... GSX1300R, a.k.a. ‘‘Hayabusa’’ ...... 1999–2006 ...... 484 ......

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55561

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET—Continued

Make Model type(s) Body/chassis Model years(s) VSP VSA VCP

Suzuki (MC) ...... GSX1300R, a.k.a. ‘‘Hayabusa’’ ...... 2007–2011 ...... 533 ...... Suzuki (MC) ...... GSX–R 1100 ...... 1990–1997 ...... 227 ...... Suzuki (MC) ...... GSX–R 750 ...... 1990–1998 ...... 275 ...... Suzuki (MC) ...... GSX–R 750 ...... 1999–2003 ...... 417 ...... Thule ...... 3008BL boat trailer ...... 2011 ...... 52 Toyota ...... 4-Runner ...... 1998 ...... 449 ...... Toyota ...... Avalon ...... 1995–1998 ...... 308 ...... Toyota ...... Land Cruiser ...... 1990–1996 ...... 218 ...... Toyota ...... Land Cruiser (manufactured prior IFS 100 series .. 1999–2006 ...... 539 ...... to 9/1/2006). Toyota ...... MR2 ...... 1990–1991 ...... 324 ...... Toyota ...... Previa ...... 1991–1992 ...... 326 ...... Toyota ...... Previa ...... 1993–1997 ...... 302 ...... Toyota ...... RAV4 ...... 2005 ...... 480 ...... Toyota ...... RAV4 ...... 1996 ...... 328 ...... Triumph (MC) ..... Thunderbird ...... 1995–1999 ...... 311 ...... Vespa (MC) ...... ET2, ET4 ...... 2001–2002 ...... 378 ...... Vespa (MC) ...... LX and PX ...... 2004–2005 ...... 496 ...... Volkswagen ...... Bora ...... 1999 ...... 540 ...... Volkswagen ...... Eurovan ...... 1993–1994 ...... 306 ...... Volkswagen ...... Golf ...... 2005 ...... 502 ...... Volkswagen ...... Golf III ...... 1993 ...... 92 ...... Volkswagen ...... GTI (Canadian market) ...... 1991 ...... 149 ...... Volkswagen ...... Jetta ...... 1994–1996 ...... 274 ...... Volkswagen ...... Passat ...... 4-door Sedan .... 1992 ...... 148 ...... Volkswagen ...... Passat ...... Wagon & Sedan 2004 ...... 488 ...... Volkswagen ...... Transporter ...... 1991 ...... 554 ...... Volkswagen ...... Transporter ...... 1990 ...... 251 ...... Volvo ...... 740 GL ...... 1992 ...... 137 ...... Volvo ...... 850 Turbo ...... 1995–1998 ...... 286 ...... Volvo ...... 940 GL ...... 1992 ...... 137 ...... Volvo ...... 940 GL ...... 1993 ...... 95 ...... Volvo ...... 945 GL ...... Wagon ...... 1994 ...... 132 ...... Volvo ...... 960 ...... Sedan & Wagon 1994 ...... 176 ...... Volvo ...... C70 ...... 2000 ...... 434 ...... Volvo ...... S70 ...... 1998–2000 ...... 335 ...... Westfalia ...... 14ft Double Axle Cargo trailer ...... 1994&1997 ...... 56 Yamaha (MC) ..... Drag Star 1100 ...... 1999–2007 ...... 497 ...... Yamaha (MC) ..... FJ1200 (4 CR) ...... 1991 ...... 113 ...... Yamaha (MC) ..... FJR 1300 ...... 2002 ...... 23 Yamaha (MC) ..... R1 ...... 2000 ...... 360 ...... Yamaha (MC) ..... Virago ...... 1990–1998 ...... 301 ......

Authority: 49 U.S.C. 30141(b); 49 CFR DEPARTMENT OF COMMERCE the remainder of the 2015 fishing year. 593.9; delegations of authority at 49 CFR 1.95 The regulations authorize the Regional and 501.8. National Oceanic and Atmospheric Administrator to adjust the trip limits Issued on: September 8, 2015. Administration for common pool vessels in order to Mark R. Rosekind, facilitate harvest of, or prevent 50 CFR Part 648 exceeding, the pertinent common pool Administrator. [Docket No. 150105004–5355–01] quotas during the fishing year. [FR Doc. 2015–23187 Filed 9–15–15; 8:45 am] Increasing the trip limit is intended to BILLING CODE 4910–59–P RIN 0648–XE155 provide additional fishing opportunities and help allow the common pool fishery Fisheries of the Northeastern United to catch its allowable quota for this States; Northeast Multispecies stock. Fishery; Trip Limit Adjustment for the Common Pool Fishery DATES: The trip limit increase is effective September 16, 2015, through AGENCY: National Marine Fisheries April 30, 2016. Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), Liz Commerce. Sullivan, Fishery Management Specialist, 978–282–8493. ACTION: Temporary rule; inseason adjustment. SUPPLEMENTARY INFORMATION: The regulations at § 648.86(o) authorize the SUMMARY: This action increases the trip Regional Administrator (RA) to adjust limit for Gulf of Maine cod for Northeast the possession limits for common pool multispecies common pool vessels for vessels in order to prevent the

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55562 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations

overharvest or underharvest of the ACLs. The catch data used to justify Islands management area to be common pool quotas. On June 15, 2015, increasing the possession and trip limit harvested. we adjusted the possession and trip for GOM cod only recently became DATES: Effective September 16, 2015 limit for Gulf of Maine (GOM) cod to available. The possession and trip limit through 2400 hours, A.l.t., December 31, zero for the remainder of the fishing increase implemented through this 2015. year, out of an abundance of caution, to action allows for increased harvest of reduce the effort that had been directed GOM cod, to help ensure that the FOR FURTHER INFORMATION CONTACT: on cod, to prevent the common pool fishery may achieve the optimum yield Steve Whitney, 907–586–7228. from exceeding its Trimester 1 quota for (OY) for this stock. As a result, the time SUPPLEMENTARY INFORMATION: NMFS the stock, and to avoid triggering the necessary to provide for prior notice and manages the groundfish fishery in the closure of portions of the Gulf of Maine, comment, and a 30-day delay in Bering Sea and Aleutian Islands which is mandatory if 90 percent of the effectiveness, would prevent us from management area (BSAI) according to trimester quota is reached. Although the increasing the possession and trip limit the Fishery Management Plan for zero possession limit was set for the for GOM cod in a timely manner, which Groundfish of the Bering Sea and remainder of the fishing year, this does could prevent the fishery from Aleutian Islands Management Area not prevent the RA from subsequently achieving the OY. This would (FMP) prepared by the North Pacific increasing it to prevent underharvest of undermine management objectives of Fishery Management Council under the stock. the Northeast Multispecies Fishery authority of the Magnuson-Stevens As of August 25, 2015, the common Management Plan and cause Fishery Conservation and Management pool had caught approximately 31 unnecessary negative economic impacts Act. Regulations governing fishing by percent of its sub-annual catch limit to the common pool fishery. There is U.S. vessels in accordance with the FMP (ACL) of GOM cod. To allow the additional good cause to waive the appear at subpart H of 50 CFR part 600 common pool fishery to catch more of delayed effective period because this and 50 CFR part 679. its quota for this stock, effective action relieves restrictions on fishing The 2015 flathead sole, rock sole, and September 16, 2015, the trip limit of vessels by increasing a trip limit. yellowfin sole CDQ reserves specified in GOM cod for all common pool vessels the BSAI are 2,420 metric tons (mt), is increased from 0 lb per trip, to 25 lb Authority: 16 U.S.C. 1801 et seq. 7,535 mt, and 15,993 mt as established (11.3 kg) per trip. Allowing landings of Dated: September 11, 2015. by the final 2015 and 2016 harvest incidentally caught GOM cod up to 25 Emily H. Menashes, specifications for groundfish in the lb (11.3 kg) is projected to prevent Acting Director, Office of Sustainable BSAI (80 FR 11919, March 5, 2015) and overharvest while reducing discards. Fisheries, National Marine Fisheries Service. following revisions (80 FR 38017, July 2, Weekly quota monitoring reports for [FR Doc. 2015–23277 Filed 9–15–15; 8:45 am] 2015 and 80 FR 52673, September 1, the common pool fishery can be found BILLING CODE 3510–22–P 2015). The 2015 flathead sole, rock sole, on our Web site at: http:// and yellowfin sole CDQ ABC reserves www.greateratlantic.fisheries.noaa.gov/ are 4,656 mt, 11,907 mt, and 10,629 mt ro/fso/MultiMonReports.htm. We will DEPARTMENT OF COMMERCE as established by the final 2015 and continue to monitor common pool catch 2016 harvest specifications for through vessel trip reports, dealer- National Oceanic and Atmospheric groundfish in the BSAI (80 FR 11919, reported landings, vessel monitoring Administration March 5, 2015) and following revisions system catch reports, and other (80 FR 38017, July 2, 2015 and 80 FR available information and, if necessary, 50 CFR Part 679 52673, September 1, 2015). we will make additional adjustments to common pool management measures. [Docket No. 141021887–5172–02] The Aleutian Pribilof Islands Community Development Association Classification RIN 0648–XE183 has requested that NMFS exchange 100 This action is required by 50 CFR part Fisheries of the Exclusive Economic mt of flathead sole and 450 mt of rock 648 and is exempt from review under Zone Off Alaska; Exchange of Flatfish sole CDQ reserves for 550 mt of Executive Order 12866. in the Bering Sea and Aleutian Islands yellowfin sole CDQ ABC reserves under The Assistant Administrator for Management Area § 679.31(d). Therefore, in accordance Fisheries, NOAA, finds good cause with § 679.31(d), NMFS exchanges 100 pursuant to 5 U.S.C. 553(b)(B) and 5 AGENCY: National Marine Fisheries mt of flathead sole and 450 mt of rock U.S.C. 553(d)(3) to waive prior notice Service (NMFS), National Oceanic and sole CDQ reserves for 550 mt of and the opportunity for public comment Atmospheric Administration (NOAA), yellowfin sole CDQ ABC reserves in the and the 30-day delayed effectiveness Commerce. BSAI. This action also decreases and period because it would be ACTION: Temporary rule; reallocation. increases the TACs and CDQ ABC impracticable and contrary to the public reserves by the corresponding amounts. interest. SUMMARY: NMFS is exchanging unused Tables 11 and 13 of the final 2015 and The regulations at § 648.86(o) Community Development Quota (CDQ) 2016 harvest specifications for authorize the RA to adjust the Northeast for CDQ acceptable biological catch groundfish in the BSAI (80 FR 11919, multispecies possession and trip limits (ABC) reserves. This action is necessary March 5, 2015) and following revisions for common pool vessels in order to to allow the 2015 total allowable catch (80 FR 38017, July 2, 2015 and 80 FR prevent the overharvest or underharvest of flathead sole, rock sole, and yellowfin 52673, September 1, 2015) are further of the pertinent common pool sub- sole in the Bering Sea and Aleutian revised as follows:

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Rules and Regulations 55563

TABLE 11—FINAL 2015 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS [Amounts are in metric tons]

Pacific ocean perch Flathead sole Rock sole Yellowfin sole Sector Eastern Aleu- Central Aleu- Western Aleu- tian district tian district tian district BSAI BSAI BSAI

TAC ...... 8,000 7,000 9,000 23,975 68,925 149,600 CDQ ...... 856 749 963 2,320 7,085 16,543 ICA ...... 100 75 10 5,000 8,000 5,000 BSAI trawl limited access ...... 704 618 161 0 0 16,165 Amendment 80 ...... 6,340 5,558 7,866 16,655 53,840 111,892 Alaska Groundfish Cooperative ...... 3,362 2,947 4,171 1,708 13,318 44,455 Alaska Seafood Cooperative ...... 2,978 2,611 3,695 14,947 40,522 67,437 Note: Sector apportionments may not total precisely due to rounding.

TABLE 13—FINAL 2015 AND 2016 ABC SURPLUS, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE [Amounts are in metric tons]

2015 flathead 2015 yellowfin 2016 flathead 2016 yellowfin Sector sole 2015 rock sole sole sole 2016 rock sole sole

ABC ...... 66,130 181,700 248,800 63,711 164,800 245,500 TAC ...... 23,975 68,925 149,600 24,250 69,250 149,000 ABC surplus ...... 42,155 112,775 99,200 39,461 95,550 96,500 ABC reserve...... 42,155 112,775 99,200 39,461 95,550 96,500 CDQ ABC reserve ...... 4,756 12,357 10,079 4,222 10,224 10,326 Amendment 80 ABC reserve ...... 37,399 100,418 89,121 35,239 85,326 86,175 Alaska Groundfish Cooperative for 2015 1 ...... 3,836 24,840 35,408 n/a n/a n/a Alaska Seafood Cooperative for 2015 1 .. 33,563 75,578 53,713 n/a n/a n/a 1 The 2016 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2015.

Classification Aleutian Pribilof Islands Community date of this action under 5 U.S.C. Development Association in the BSAI. 553(d)(3). This finding is based upon This action responds to the best Since these fisheries are currently open, the reasons provided above for waiver of available information recently obtained it is important to immediately inform prior notice and opportunity for public from the fishery. The Assistant the industry as to the revised comment. Administrator for Fisheries, NOAA allocations. Immediate notification is This action is required by § 679.20 (AA), finds good cause to waive the necessary to allow for the orderly requirement to provide prior notice and conduct and efficient operation of this and is exempt from review under opportunity for public comment fishery, to allow the industry to plan for Executive Order 12866. pursuant to the authority set forth at 5 the fishing season, and to avoid Authority: 16 U.S.C. 1801 et seq. U.S.C. 553(b)(B) as such requirement is potential disruption to the fishing fleet Dated: September 11, 2015. impracticable and contrary to the public as well as processors. NMFS was unable interest. This requirement is to publish a notice providing time for Emily H. Menashes, impracticable and contrary to the public public comment because the most Acting Director, Office of Sustainable interest as it would prevent NMFS from recent, relevant data only became Fisheries, National Marine Fisheries Service. responding to the most recent fisheries available as of September 8, 2015. [FR Doc. 2015–23276 Filed 9–15–15; 8:45 am] data in a timely fashion and would The AA also finds good cause to BILLING CODE 3510–22–P delay the flatfish exchange by the waive the 30-day delay in the effective

VerDate Sep<11>2014 13:48 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00059 Fmt 4700 Sfmt 9990 E:\FR\FM\16SER1.SGM 16SER1 Lhorne on DSK5TPTVN1PROD with RULES 55564

Proposed Rules Federal Register Vol. 80, No. 179

Wednesday, September 16, 2015

This section of the FEDERAL REGISTER Food and Drug Administration, 5100 offering for sale substantially the same contains notices to the public of the proposed Paint Branch Pkwy., College Park, MD menu items, provide calorie information issuance of rules and regulations. The 20740. Send two self-addressed for standard menu items (including food purpose of these notices is to give interested adhesive labels to assist that office in on display and self-service food), persons an opportunity to participate in the rule making prior to the adoption of the final processing your request. See the provide, upon request, additional rules. SUPPLEMENTARY INFORMATION section for written nutrition information for electronic access to the draft guidance. standard menu items, and comply with Submit electronic comments on the other requirements described in section DEPARTMENT OF HEALTH AND draft guidance to http:// 403(q)(5)(H) of the FD&C Act. The draft HUMAN SERVICES www.regulations.gov. Submit written guidance uses a question and answer comments on the draft guidance to the format and is intended to help Food and Drug Administration Division of Dockets Management (HFA– restaurants and similar retail food 305), Food and Drug Administration, establishments covered by the final rule 21 CFR Parts 11 and 101 5630 Fishers Lane, Rm. 1061, Rockville, comply with the nutrition labeling [Docket No. FDA–2011–F–0172] MD 20852. requirements of the final rule. FOR FURTHER INFORMATION CONTACT: II. Paperwork Reduction Act of 1995 A Labeling Guide for Restaurants and Lynn Szybist, Center for Food Safety Retail Establishments Selling Away- and Applied Nutrition (HFS–820), Food This draft guidance refers to From-Home Foods—Part II (Menu and Drug Administration, 5100 Paint previously approved collections of Labeling Requirements in Accordance Branch Pkwy., College Park, MD 20740, information found in FDA regulations. with the Patient Protection Affordable 240–402–2371. These collections of information are Care Act of 2010); Draft Guidance for SUPPLEMENTARY INFORMATION: subject to review by the Office of Industry; Availability Management and Budget (OMB) under I. Background the Paperwork Reduction Act of 1995 AGENCY: Food and Drug Administration, We are announcing the availability of (44 U.S.C. 3501–3520). The collections HHS. a draft guidance for industry entitled ‘‘A of information in § 101.11(d), (c)(3), and ACTION: Notification of availability. Labeling Guide for Restaurants and (b)(2) have been approved under OMB Retail Establishments Selling Away- Control No. 0910–0783. SUMMARY: The Food and Drug From-Home Foods—Part II (Menu Administration (FDA or we) is III. Comments Labeling Requirements in Accordance announcing the availability of a draft with 21 CFR 101.11); Draft Guidance for Interested persons may submit either guidance for industry entitled ‘‘A Industry.’’ We are issuing the draft electronic comments regarding the draft Labeling Guide for Restaurants and guidance consistent with our good guidance to http://www.regulations.gov Retail Establishments Selling Away- guidance practices regulation (21 CFR or written comments to the Division of From-Home Foods—Part II (Menu 10.115). The draft guidance, when Dockets Management (see ADDRESSES). It Labeling Requirements in Accordance finalized, will represent our current is only necessary to send one set of with 21 CFR 101.11); Draft Guidance for thinking on this topic. It does not create comments. Identify comments with the Industry.’’ The draft guidance, when or confer any rights for or on any person docket number found in brackets in the finalized, will help certain restaurants and does not operate to bind FDA or the heading of this document. Received and similar retail food establishments public. You can use an alternate comments may be seen in the Division comply with the menu labeling approach if it satisfies the requirements of Dockets Management between 9 a.m. requirements, including the of the applicable statutes and and 4 p.m., Monday through Friday, and requirements to provide calorie and regulations. will be posted to the docket at http:// other nutrition information for standard In the Federal Register of December 1, www.regulations.gov. menu items, including food on display 2014 (79 FR 71156), we published a and self-service food. final rule on nutrition labeling of IV. Electronic Access DATES: Although you can comment on standard menu items in restaurants and Persons with access to the Internet any guidance at any time (see 21 CFR similar retail food establishments; the may obtain the draft guidance document 10.115(g)(5)), to ensure that we consider rule is codified at Title 21 of the Code at http://www.fda.gov/FoodGuidances your comment on the draft guidance of Federal Regulations at § 101.11 (21 or http://www.regulations.gov. Use the before we begin work on the final CFR 101.11). The final rule implements FDA Web site listed in the previous version of the guidance, submit either requirements of section 403(q)(5)(H) of sentence to find the most current electronic or written comments on the the Federal Food, Drug, and Cosmetic version of the guidance. draft guidance by November 2, 2015. Act (the FD&C Act) (21 U.S.C. Dated: September 11, 2015. ADDRESSES: Submit written requests for 343(q)(5)(H)), which in general, requires single copies of the draft guidance to the that restaurants and similar retail food Leslie Kux, Office of Nutrition, Labeling, and establishments that are part of a chain Associate Commissioner for Policy. Dietary Supplements (HFS–820), Center with 20 or more locations, doing [FR Doc. 2015–23232 Filed 9–15–15; 8:45 am] for Food Safety and Applied Nutrition, business under the same name, and BILLING CODE 4164–01–P

VerDate Sep<11>2014 21:44 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55565

DEPARTMENT OF JUSTICE regulations for these statutes in title 21 The Administrator transmitted notice of of the Code of Federal Regulations intent to place N-(1-amino-3,3-dimethyl- Drug Enforcement Administration (CFR), chapter II. The CSA and its 1-oxobutan-2-yl)-1-(cyclohexylmethyl)- implementing regulations are designed 1H-indazole-3-carboxamide (hereinafter 21 CFR Part 1308 to prevent, detect, and eliminate the referred to as MAB–CHMINACA) into [Docket No. DEA–421N] diversion of controlled substances and schedule I on a temporary basis to the listed chemicals into the illicit market Assistant Secretary by letter dated May Schedules of Controlled Substances: while ensuring an adequate supply is 14, 2015. The Assistant Secretary Temporary Placement of the Synthetic available for the legitimate medical, responded to this notice by letter dated Cannabinoid MAB–CHMINACA Into scientific, research, and industrial needs June 3, 2015, and advised that based on Schedule I of the United States. Controlled review by the Food and Drug substances have the potential for abuse Administration (FDA), there are AGENCY: Drug Enforcement and dependence and are controlled to currently no investigational new drug Administration, Department of Justice. protect the public health and safety. applications or approved new drug ACTION: Notice of intent. Under the CSA, every controlled applications for MAB–CHMINACA. The substance is classified into one of five Assistant Secretary also stated that HHS SUMMARY: The Administrator of the Drug schedules based upon its potential for has no objection to the temporary Enforcement Administration is issuing abuse, its currently accepted medical placement of MAB–CHMINACA into this notice of intent to temporarily use in treatment in the United States, schedule I of the CSA. The DEA has schedule the synthetic cannabinoid N- and the degree of dependence the drug taken into consideration the Assistant (1-amino-3,3-dimethyl-1-oxobutan-2-yl)- or other substance may cause. 21 U.S.C. Secretary’s comments. MAB– 1-(cyclohexylmethyl)-1H-indazole-3- 812. The initial schedules of controlled CHMINACA is not currently listed in carboxamide (common names, MAB– substances established by Congress are any schedule under the CSA, and no CHMINACA and ADB–CHMINACA) found at 21 U.S.C. 812(c), and the exemptions or approvals are in effect for into schedule I pursuant to the current list of all scheduled substances MAB–CHMINACA under section 505 of temporary scheduling provisions of the is published at 21 CFR part 1308. the FDCA, 21 U.S.C. 355. The DEA has Controlled Substances Act. This action Section 201 of the CSA, 21 U.S.C. 811, found that the control of MAB– is based on a finding by the provides the Attorney General with the CHMINACA in schedule I on a Administrator that the placement of this authority to temporarily place a temporary basis is necessary to avoid an synthetic cannabinoid into schedule I of substance into schedule I of the CSA for imminent hazard to public safety. the Controlled Substances Act is two years without regard to the To find that placing a substance necessary to avoid an imminent hazard requirements of 21 U.S.C. 811(b) if she temporarily into schedule I of the CSA to the public safety. Any final order will finds that such action is necessary to is necessary to avoid an imminent impose the administrative, civil, and avoid imminent hazard to the public hazard to the public safety, the criminal sanctions and regulatory safety. 21 U.S.C. 811(h)(1). In addition, Administrator is required to consider controls applicable to schedule I if proceedings to control a substance are three of the eight factors set forth in controlled substances under the initiated under 21 U.S.C. 811(a)(1), the section 201(c) of the CSA, 21 U.S.C. Controlled Substances Act on the Attorney General may extend the 811(c): the substance’s history and manufacture, distribution, possession, temporary scheduling for up to one current pattern of abuse; the scope, importation, exportation, research, and year. 21 U.S.C. 811(h)(2). duration and significance of abuse; and conduct of instructional activities of this Where the necessary findings are what, if any, risk there is to the public synthetic cannabinoid. made, a substance may be temporarily health. 21 U.S.C. 811(h)(3). scheduled if it is not listed in any other DATES: September 16, 2015. Consideration of these factors includes schedule under section 202 of the CSA, actual abuse, diversion from legitimate FOR FURTHER INFORMATION CONTACT: John 21 U.S.C. 812, or if there is no R. Scherbenske, Office of Diversion channels, and clandestine importation, exemption or approval in effect for the manufacture, or distribution. 21 U.S.C. Control, Drug Enforcement substance under section 505 of the Administration; Mailing Address: 8701 811(h)(3). Federal Food, Drug, and Cosmetic Act A substance meeting the statutory Morrissette Drive, Springfield, Virginia (FDCA), 21 U.S.C. 355. 21 U.S.C. 22152; Telephone: (202) 598–6812. requirements for temporary scheduling 811(h)(1). The Attorney General has may only be placed in schedule I. 21 SUPPLEMENTARY INFORMATION: Any final delegated her scheduling authority U.S.C. 811(h)(1). Substances in schedule order will be published in the Federal under 21 U.S.C. 811 to the I are those that have a high potential for Register and may not be effective prior Administrator of the DEA. 28 CFR abuse, no currently accepted medical to October 16, 2015. 0.100. use in treatment in the United States, Legal Authority Background and a lack of accepted safety for use under medical supervision. 21 U.S.C. The Drug Enforcement Section 201(h)(4) of the CSA, 21 812(b)(1). Administration (DEA) implements and U.S.C. 811(h)(4), requires the enforces titles II and III of the Administrator to notify the Secretary of MAB–CHMINACA Comprehensive Drug Abuse Prevention the Department of Health and Human Available data and information for and Control Act of 1970, as amended. Services (HHS) of the Administrator’s MAB–CHMINACA, summarized below, Titles II and III are referred to as the intention to temporarily place a 1 ‘‘Controlled Substances Act’’ and the substance into schedule I of the CSA. set forth in a memorandum of understanding ‘‘Controlled Substances Import and entered into by the HHS, the Food and Drug Export Act,’’ respectively, and are 1 Because the Secretary of the HHS has delegated Administration (FDA), and the National Institute on collectively referred to as the to the Assistant Secretary for Health of the HHS the Drug Abuse (NIDA), the FDA acts as the lead agency authority to make domestic drug scheduling within the HHS in carrying out the Assistant ‘‘Controlled Substances Act’’ or the recommendations, for purposes of this notice of Secretary’s scheduling responsibilities under the ‘‘CSA’’ for the purpose of this action. intent, all subsequent references to ‘‘Secretary’’ CSA, with the concurrence of NIDA. 50 FR 9518, The DEA publishes the implementing have been replaced with ‘‘Assistant Secretary.’’ As Mar. 8, 1985.

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55566 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

indicate that this synthetic cannabinoid drug market and is being abused for its from emergency departments: however, (SC) has a high potential for abuse, no psychoactive properties. all age groups have been reported by the currently accepted medical use in media as abusing these substances and Factor 4. History and Current Pattern of treatment in the United States, and a related products. Individuals, including Abuse lack of accepted safety for use under minors, are purchasing SCs from the medical supervision. The DEA analysis SCs have been developed over the last Internet, gas stations, convenience is available in its entirety under the tab 30 years as tools for investigating the stores, and head shops. ‘‘Supporting and Related Material’’ of cannabinoid system. SCs were first Smoking mixtures of these substances the public docket of this action at encountered by CBP within the United for the purpose of achieving www.regulations.gov under Docket States in November 2008. Since then, intoxication have resulted in numerous Number DEA–421N. the popularity of SCs and their emergency department visits and calls associated products has increased to poison control centers. As reported Synthetic Cannabinoids steadily as evidenced by law by the American Association of Poison Synthetic cannabinoids are enforcement seizures, public health Control Centers (AAPCC), adverse substances synthesized in laboratories information, and media reports. Amidst effects including severe agitation, that mimic the biological effects of multiple administrative and legislative anxiety, racing heartbeat, high blood delta-9-tetrahydrocannabinol (THC), the actions to place SCs found on the illicit pressure, nausea, vomiting, seizures, main psychoactive ingredient in market into schedule I of the CSA, new tremors, intense hallucinations, marijuana. It is believed SCs were first versions of SCs intended to circumvent psychotic episodes, suicide, and other introduced on the designer drug market current law continue to be encountered. harmful thoughts and/or actions can in several European countries as ‘‘herbal MAB–CHMINACA is a SC that was occur following ingestion of SCs. incense’’ before the initial encounter in encountered following the Presentations at emergency departments the United States by U.S. Customs and hospitalization of 125 individuals directly linked to the abuse of MAB– Border Protection (CBP) in November around the Baton Rouge, Louisiana area CHMINACA have resulted in similar 2008. From 2009 to present, misuse of in October 2014 (see factor 6 of symptoms, including severe agitation, SCs has increased in the United States supporting materials). Since that time, seizures and/or death (see factor 6). with law enforcement encounters multiple overdoses and deaths As discussed previously, it is believed describing plant material laced with SCs involving MAB–CHMINACA have been most abusers of SCs or SC-related intended for human consumption. It has reported. For example, overdose clusters products smoke the product following been demonstrated that the substances attributed to MAB–CHMINACA have application to plant material. Until and the associated designer products are been reported in Shreveport, Louisiana; recently, this was the preferred route of abused for their psychoactive Bryan, Texas; Beaumont, Texas; administration. Law enforcement has properties. With many generations of multiple cities in the State of also begun to encounter new variations SCs being encountered since 2009, Mississippi; Hampton, Virginia; and of SCs in liquid form. It is believed MAB–CHMINACA is one of the latest, Hagerstown, Maryland (see factor 6 of abusers have been applying the liquid to and based upon reports from public supporting materials). Specifically, in hookahs or ‘‘e-cigarettes,’’ which allows health and law enforcement, the misuse April 2015, the largest nationwide the user to administer a vaporized and abuse of this substance is negatively outbreak involving SCs was reported by liquid that can be inhaled. impacting the public health and multiple news outlets. In addition, State Factor 5. Scope, Duration and communities. public health entities have collectively Significance of Abuse The designer drug products laced reported over 2,000 overdoses and at with SCs, including MAB–CHMINACA, least 33 deaths across at least 11 States Following multiple scheduling are often sold under the guise of ‘‘herbal attributed to the misuse of SCs. Of these actions designed to safeguard the public incense’’ or ‘‘potpourri,’’ use various overdoses and deaths, currently from the adverse effects and safety product names, and are routinely available toxicology results have issues associated with SCs, encounters labeled ‘‘not for human consumption.’’ determined that a number of overdoses by law enforcement and health care Additionally, these products are from this most recent cluster were professionals indicate the continued marketed as a ‘‘legal high’’ or ‘‘legal connected to ingestion of MAB– abuse of these substances and their alternative to marijuana’’ and are readily CHMINACA (see factor 6 of supporting associated products. With each action to available over the Internet, in head materials). control SCs, drug manufacturers and shops, or sold in convenience stores. On April 29, 2015, the European suppliers are adapting at an alarmingly There is an incorrect assumption that Monitoring Centre for Drugs and Drug quick pace to design new SCs that these products are safe, and that Addiction (EMCDDA) reported multiple circumvent regulatory controls. Even labeling these products as ‘‘not for outbreaks of intoxications within the before DEA temporarily controlled the human consumption’’ is a legal defense United States resulting from the latest group of SCs, AB–CHMINACA, to criminal prosecution. ingestion of products believed to AB–PINACA, and THJ–2201, on January MAB–CHMINACA is a SC that has contain SCs. EMCDDA further reported 30, 2015, MAB–CHMINACA was pharmacological effects similar to the that MAB–CHMINACA had been already available on the illicit market schedule I hallucinogen THC and other implicated in at least some of those and responsible for overdoses and temporarily and permanently controlled cases. EMCDDA also reported on two deaths (see factor 6 of supporting schedule I substances. MAB– deaths involving MAB–CHMINACA, materials). From October 2014 to the CHMINACA has been shown to cause one in Hungary and the other in Japan. present, multiple overdoses and deaths severe toxicity and adverse health A major concern, as reiterated by have been attributed to the abuse of effects following ingestion, including public health officials and medical MAB–CHMINACA. seizures, excited delirium, professionals, remains the targeting and On October 29, 2014, the State of cardiotoxicity and death. With no direct marketing of SCs and SC- Louisiana issued an emergency rule approved medical use and limited safety containing products to adolescents and adding N-(1-amino-3,3-dimethyl-1- or toxicological information, MAB– youth. This is supported by law oxobutan-2-yl)-1-(cyclohexylmethyl)- CHMINACA has emerged on the illicit enforcement encounters and reports 1H-indazole-3-carboxamide (MAB–

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55567

CHMINACA) to the list of schedule I CHMINACA into schedule I of the safety for use under medical Controlled Dangerous Substances Controlled Dangerous Substances supervision. As required by section section of the Louisiana Administrative section of the Louisiana Administrative 201(h)(4) of the CSA, 21 U.S.C. Code (La. Admin. Code tit. 46, section Code (La. Admin. Code tit. 46, section 811(h)(4), the DEA, through a letter 2704 (2014)), upon the determination 2704 (2014)). From October 2014 to the dated May 14, 2015, notified the that it had a high potential for abuse and present, multiple clusters of overdoses Assistant Secretary of the DEA’s should be scheduled as a controlled involving MAB–CHMINACA and at intention to temporarily this substance substance to avoid an imminent peril to least four deaths attributed to the in schedule I. the public health, safety, and welfare. misuse and abuse of MAB–CHMINACA Conclusion Poison control centers continue to have been reported. (see factor 6 and report the abuse of SCs and their table 3 of supporting materials). Adverse This notice of intent initiates an associated products. These substances health effects reported from use of expedited temporary scheduling action remain a threat to both the short- and MAB–CHMINACA have included: and provides the 30-day notice pursuant long-term public health and safety. seizures, coma, severe agitation, loss of to section 201(h) of the CSA, 21 U.S.C. Exposures to SCs were first reported to motor control, loss of consciousness, 811(h). In accordance with the the AAPCC in 2011. The most alarming difficulty breathing, altered mental provisions of section 201(h) of the CSA, report via the AAPCC was published on status, and convulsions that in some 21 U.S.C. 811(h), the Administrator April 23, 2015. The AAPCC reported a cases resulted in death. considered available data and dramatic spike in poison center Since abusers obtain these drugs information, herein set forth the exposure calls throughout the United through unknown sources, the identity, grounds for his determination that it is States in 2015. The AAPCC reported purity, and quantity of these substances necessary to temporarily schedule 1,512 exposure calls in April 2015, is uncertain and inconsistent, thus MAB–CHMINACA in schedule I of the representing an almost three-fold posing significant adverse health risks CSA, and finds that placement of this increase in exposures to SCs as to users. The SCs encountered on the SC into schedule I of the CSA is compared to the previous largest illicit drug market have no accepted necessary to avoid an imminent hazard monthly tally (657 exposures in January medical use within the United States. to the public safety. 2012) since reporting began in 2011. It Regardless, SC products continue to be Because the Administrator hereby is likely that many of the calls are easily available and abused by diverse finds that it is necessary to temporarily directly attributable to the abuse of populations. Unknown factors including place this SC into schedule I to avoid an MAB–CHMINACA based on its high detailed product analysis and dosage imminent hazard to the public safety, prevalence in drug seizure reports and variations between various packages any subsequent final order temporarily specimen test reports (see factor 6 and and batches present a significant danger scheduling these substances will be table 3 of supporting materials). Further, to an abusing individual. Designer drug effective on the date of publication in exposure calls to the AAPCC from products have been found to vary in the the Federal Register, and will be in within the first five months of 2015 amount and type of SC that plant effect for a period of two years, with a (January 1 to June 1) are greater than the material is laced with, which could be possible extension of one additional total exposure calls involving SCs from one explanation for the numerous year, pending completion of the regular all of 2014. In addition, a majority of emergency department admissions that (permanent) scheduling process. 21 exposure incidents from 2011 to the have been connected to these U.S.C. 811(h) (1) and (2). It is the present resulted in individuals seeking substances. Similar to previous SCs, intention of the Administrator to issue medical attention at health care MAB–CHMINACA has been found on such a final order as soon as possible facilities. plant material. after the expiration of 30 days from the The following information regarding date of publication of this document. Finding of Necessity of Schedule I MAB–CHMINACA was obtained MAB–CHMINACA will then be subject 2 Placement To Avoid Imminent Hazard to the regulatory controls and through NFLIS (queried on May 27, to Public Safety 2015): administrative, civil, and criminal MAB–CHMINACA: NFLIS–451 Based on the data and information sanctions applicable to the manufacture, reports; first encountered in September summarized above, the continued distribution, possession, importation, 2014; locations include Arkansas, uncontrolled manufacture, distribution, exportation, research, and conduct of Indiana, Kansas, Louisiana, Missouri, importation, exportation, and abuse of instructional activities of a schedule I Oklahoma, Texas, Virginia, and MAB–CHMINACA poses an imminent controlled substance. Wisconsin. hazard to the public safety. The DEA is The CSA sets forth specific criteria for not aware of any currently accepted scheduling a drug or other substance. Factor 6. What, if Any, Risk There Is to medical uses for MAB–CHMINACA in Regular scheduling actions in the Public Health the United States. A substance meeting accordance with 21 U.S.C. 811(a) are MAB–CHMINACA was identified in a the statutory requirements for temporary subject to formal rulemaking procedures cluster of 125 subjects that presented to scheduling, 21 U.S.C. 811(h)(1), may done ‘‘on the record after opportunity emergency facilities within the Baton only be placed in schedule I. Substances for a hearing’’ conducted pursuant to Rouge and Shreveport, Louisiana areas in schedule I are those that have a high the provisions of 5 U.S.C. 556 and 557. in October 2014. On October 29, 2014, potential for abuse, no currently 21 U.S.C. 811. The regular scheduling the Louisiana Secretary of the accepted medical use in treatment in the process of formal rulemaking affords Department of Health and Hospitals United States, and a lack of accepted interested parties with appropriate announced the addition of MAB– safety for use under medical process and the government with any supervision. Available data and additional relevant information needed 2 National Forensic Laboratory Information information for MAB–CHMINACA to make a determination. Final System (NFLIS) is a national drug forensic indicate that this substance has a high decisions that conclude the regular laboratory reporting system that systematically collects results from drug chemistry analyses potential for abuse, no currently scheduling process of formal conducted by state and local forensic laboratories accepted medical use in treatment in the rulemaking are subject to judicial in the United States. United States, and a lack of accepted review. 21 U.S.C. 877. Temporary

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55568 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

scheduling orders are not subject to accordingly, this action has not been ACTION: Notice of proposed rulemaking; judicial review. 21 U.S.C. 811(h)(6). reviewed by the Office of Management notice of proposed rulemaking by cross- and Budget. reference to temporary regulation. Regulatory Matters This action will not have substantial Section 201(h) of the CSA, 21 U.S.C. direct effects on the States, on the SUMMARY: This document contains 811(h), provides for an expedited relationship between the national proposed regulations relating to certain temporary scheduling action where government and the States, or on the transfers of property by United States such action is necessary to avoid an distribution of power and persons to foreign corporations. The imminent hazard to the public safety. responsibilities among the various proposed regulations affect United As provided in this subsection, the levels of government. Therefore, in States persons that transfer certain Attorney General may, by order, accordance with Executive Order 13132 property, including foreign goodwill schedule a substance in schedule I on a (Federalism), it is determined that this and going concern value, to foreign temporary basis. Such an order may not action does not have sufficient corporations in nonrecognition be issued before the expiration of 30 federalism implications to warrant the transactions described in section 367 of days from (1) the publication of a notice preparation of a Federalism Assessment. the Internal Revenue Code (Code). The in the Federal Register of the intention proposed regulations also combine to issue such order and the grounds List of Subjects in 21 CFR Part 1308 portions of the existing regulations upon which such order is to be issued, Administrative practice and under section 367(a) into a single and (2) the date that notice of the procedure, Drug traffic control, regulation. In addition, in the Rules and proposed temporary scheduling order is Reporting and recordkeeping Regulations section of this issue of the transmitted to the Assistant Secretary. requirements. Federal Register, temporary regulations 21 U.S.C. 811(h)(1). For the reasons set out above, the DEA are being issued under section 482 to Inasmuch as section 201(h) of the clarify the coordination of the transfer CSA directs that temporary scheduling proposes to amend 21 CFR part 1308 as follows: pricing rules with other Code actions be issued by order and sets forth provisions. The text of those temporary the procedures by which such orders are PART 1308—SCHEDULES OF regulations serves as the text of a to be issued, the DEA believes that the CONTROLLED SUBSTANCES portion of these proposed regulations. notice and comment requirements of the DATES: Written or electronic comments Administrative Procedure Act (APA) at ■ 1. The authority citation for part 1308 and requests for a public hearing must 5 U.S.C. 553, do not apply to this notice continues to read as follows: be received by December 15, 2015. of intent. In the alternative, even ADDRESSES: Send submissions to: assuming that this notice of intent might Authority: 21 U.S.C. 811, 812, 871(b), unless otherwise noted. CC:PA:LPD:PR (REG–139483–13), be subject to section 5 U.S.C. 553, the Internal Revenue Service, Room 5203, Administrator finds that there is good ■ 2. In § 1308.11, add paragraph (h)(25) P.O. Box 7604, Ben Franklin Station, cause to forgo the notice and comment to read as follows: Washington, DC 20044. Submissions requirements of section 553, as any § 1308.11 Schedule I. may be hand-delivered Monday through further delays in the process for Friday between the hours of 8 a.m. and issuance of temporary scheduling orders * * * * * 4 p.m. to CC:PA:LPD:PR (REG–139483– would be impracticable and contrary to (h) * * * 13), Courier’s Desk, Internal Revenue the public interest in view of the (25) N-(1-amino-3,3-dimethyl-1- Service, 1111 Constitution Avenue NW., manifest urgency to avoid an imminent oxobutan-2-yl)-1-(cyclohexylmethyl)- Washington, DC 20224; or sent hazard to the public safety. 1H-indazole-3-carboxamide, its optical, Although the DEA believes this notice positional, and geometric isomers, salts electronically via the Federal of intent to issue a temporary and salts of isomers—7032 (Other eRulemaking Portal at http:// scheduling order is not subject to the names: MAB–CHMINACA; ADB– www.regulations.gov (IRS REG–139483– notice and comment requirements of the CHMINACA) 13). APA, the DEA notes that in accordance Dated: September 10, 2015. FOR FURTHER INFORMATION CONTACT: with 21 U.S.C. 811(h)(4), the Chuck Rosenberg, Concerning the proposed regulations, Ryan A. Bowen, (202) 317–6937; Administrator will take into Acting Administrator. concerning submissions of comments or consideration any comments submitted [FR Doc. 2015–23198 Filed 9–15–15; 8:45 am] by the Assistant Secretary with regard to requests for a public hearing, Regina BILLING CODE 4410–09–P the proposed temporary scheduling Johnson, (202) 317–6901 (not toll-free order. numbers). Further, the DEA believes that this SUPPLEMENTARY INFORMATION: temporary scheduling action is not a DEPARTMENT OF THE TREASURY ‘‘rule’’ as defined by 5 U.S.C. 601(2), Paperwork Reduction Act and, accordingly, is not subject to the Internal Revenue Service The collections of information requirements of the Regulatory contained in the regulations have been Flexibility Act. The requirements for the 26 CFR Part 1 submitted for review and approved by preparation of an initial regulatory the Office of Management and Budget in flexibility analysis in 5 U.S.C. 603(a) are [REG–139483–13] accordance with the Paperwork not applicable where, as here, the DEA Reduction Act of 1995 (44 U.S.C. 3507 is not required by the APA or any other (d)) under control number 1545–0026. RIN 1545–BL87 law to publish a general notice of The collections of information are in proposed rulemaking. Treatment of Certain Transfers of § 1.6038B–1(c)(4) and (d)(1). The Additionally, this action is not a Property to Foreign Corporations collections of information are significant regulatory action as defined mandatory. The likely respondents are by Executive Order 12866 (Regulatory AGENCY: Internal Revenue Service (IRS), domestic corporations. Burdens Planning and Review), section 3(f), and, Treasury. associated with these requirements will

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55569

be reflected in the burden for Form 926. unless the foreign corporation was the property pursuant to section 332. In this Estimates for completing the Form 926 lessee. regard, see § 1.367(e)–2(a)(2), providing can be located in the form instructions. Section 367(a)(3)(C) provides that, that section 367(a) does not apply to a An agency may not conduct or except as provided in regulations liquidation described in section 332 of sponsor, and a person is not required to prescribed by the Secretary, the ATB a U.S. subsidiary into a foreign parent respond to, a collection of information exception will not apply to gain realized corporation. Section 1.367(a)–5T(e) also unless it displays a valid control on an outbound transfer of the assets of provides a cross reference to section number. a foreign branch to the extent that 367(d) for transfers of intangible Books and records relating to a previously deducted losses of the property described in section 351 or collection of information must be branch exceed the taxable income 361. retained as long as their contents might earned by the branch after the losses Sections 1.367(a)–6 and 1.367(a)–6T become material in the administration were incurred (branch loss recapture provide rules for applying the branch of any internal revenue law. Generally, rule). However, any realized gain in the loss recapture rule of section tax returns and tax return information property transferred that exceeds the 367(a)(3)(C). branch losses that must be recaptured are confidential, as required by 26 B. Section 367(d) U.S.C. 6103. under this rule may qualify for the ATB exception. Section 367(d) provides rules for Background Section 367(a)(6) provides that section certain outbound transfers of intangible 367(a)(1) will not apply to an outbound I. Current Law property. Section 367(d)(1) provides transfer of any property that the that, except as provided in regulations, A. Section 367(a) Secretary, in order to carry out the if a U.S. transferor transfers any purposes of section 367(a), designates Section 367(a)(1) provides that if, in intangible property, within the meaning by regulation. of section 936(h)(3)(B), to a foreign connection with any exchange Sections 1.367(a)–2 and 1.367(a)–2T described in section 332, 351, 354, 356, corporation in an exchange described in provide general rules for determining section 351 or 361, section 367(d) (and or 361, a United States person (U.S. whether property is transferred for use transferor) transfers property to a foreign not section 367(a)) applies to such by a transferee foreign corporation in transfer. corporation (outbound transfer), the the active conduct of a trade or business Section 936(h)(3)(B) defines transferee foreign corporation will not, outside of the United States for intangible property broadly to mean for purposes of determining the extent purposes of the ATB exception. to which gain shall be recognized on Sections 1.367(a)–4 and 1.367(a)–4T any: such transfer, be considered to be a provide special rules for determining (i) patent, invention, formula, process, corporation. As a result, under section whether certain property satisfies the design, pattern, or know-how; 367(a)(1), the U.S. transferor recognizes ATB exception, including rules that (ii) copyright, literary, musical, or any gain (but not loss) on the outbound apply to (i) property to be leased by the artistic composition; transfer of the property. Section transferee foreign corporation, (ii) oil (iii) trademark, trade name, or brand 367(a)(2) provides an exception to the and gas working interests, (iii) name; application of section 367(a)(1) for compulsory transfers of property, and (iv) franchise, license, or contract; certain transfers of stock or securities, (iv) property to be sold by the foreign (v) method, program, system, and section 367(a)(3) provides an corporation. Section 1.367(a)–4T also procedure, campaign, survey, study, exception for transfers of certain provides special rules requiring the forecast, estimate, customer list, or property used in a trade or business. recapture of depreciation upon an technical data; or Specifically, section 367(a)(3)(A) outbound transfer of U.S. depreciated (vi) any similar item, which has provides that, except as provided in property and exempting outbound substantial value independent of the regulations prescribed by the Secretary, transfers of property to a FSC (within services of any individual (section the general rule of section 367(a)(1) will the meaning of section 922(a)) from the 936(h)(3)(B) intangible property). not apply to any property transferred to application of paragraphs (a) and (d) of Section 367(d)(2)(A) provides that a a foreign corporation for use by such section 367. U.S. transferor that transfers intangible foreign corporation in the active Sections 1.367(a)–5 and 1.367(a)–5T property subject to section 367(d) is conduct of a trade or business outside address the five categories of property treated as having sold the property in of the United States (ATB exception). ineligible for the ATB exception that are exchange for payments that are Section 367(a)(3)(B) provides that, described in section 367(a)(3)(B) and contingent upon the productivity, use, except as provided in regulations provide narrow exceptions to certain of or disposition of the property. prescribed by the Secretary, certain those categories. Section 1.367(a)–5T(d) Specifically, the U.S. transferor is property is not eligible for the ATB (which addresses foreign currency and treated as receiving amounts that exception. The statute describes five other property denominated in a foreign reasonably reflect the amounts that categories of property that are not currency) allows certain property would have been received annually in eligible for the ATB exception: (i) denominated in the foreign currency of the form of such payments over the Property described in paragraph (1) or the country in which the foreign useful life of such property (section (3) of section 1221(a) (relating to corporation is organized to qualify 367(d)(2)(A)(ii)(I)), or in the case of a inventory and copyrights, etc.); (ii) under the ATB exception if that disposition of the intangible property installment obligations, accounts property was acquired in the ordinary following such transfer (whether direct receivable, or similar property; (iii) course of the business of the U.S. or indirect), at the time of the foreign currency or other property transferor that will be carried on by the disposition (section 367(d)(2)(A)(ii)(II)). denominated in foreign currency; (iv) foreign corporation. Section 1.367(a)– The amounts taken into account under intangible property within the meaning 5T(e) (which addresses intangible section 367(d)(2)(A)(ii) must be of section 936(h)(3)(B); and (v) property property) contains a deadwood commensurate with the income with respect to which the U.S. transferor reference to the application of section attributable to the intangible. Section is a lessor at the time of the transfer, 367(a)(1) to a transfer of intangible 367(d)(2)(A) (flush language).

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55570 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

Section 1.367(d)–1T(b) generally Cong., 2d Sess., at 360 (1984); H.R. Rep. ATB exception under section provides that section 367(d) and No. 432, 98th Cong., 2d Sess., at 1315 367(a)(3)(A). § 1.367(d)–1T apply to the transfer of (1984). Congress identified problems as Under a second interpretation, any intangible property, but not to the arising when ‘‘transferor U.S. companies taxpayers take the position that, transfer of foreign goodwill or going hope to reduce their U.S. taxable although goodwill and going concern concern value, as defined in § 1.367(a)– income by deducting substantial value are section 936(h)(3)(B) intangible 1T(d)(5)(iii) (foreign goodwill research and experimentation expenses property, the foreign goodwill exception exception). Section 1.367(a)–1T(d)(5)(i) associated with the development of the applies. These taxpayers also assert that generally defines ‘‘intangible property,’’ transferred intangible and, by section 367(a)(1) does not apply to for purposes of section 367, as transferring the intangible to a foreign foreign goodwill or going concern value, knowledge, rights, documents, and any corporation at the point of profitability, either because of section 367(d)(1)(A) other intangible item within the to ensure deferral of U.S. tax on the (providing that, except as provided in meaning of section 936(h)(3)(B) that profits generated by the intangible.’’ Id. regulations, section 367(d) and not constitutes property for purposes of The favorable treatment of foreign section 367(a) applies to section section 332, 351, 354, 355, 356, or 361, goodwill and going concern value 936(h)(3)(B) intangible property) or as applicable. The regulation further available under existing law is premised because of the ATB exception. provides that a working interest in oil on statements in the legislative history II. Reasons for Change and gas property will not be considered of section 367(d). ‘‘The committee The Treasury Department and the IRS to be intangible property for purposes of contemplates that, ordinarily, no gain are aware that, in the context of section 367 and the regulations will be recognized on the transfer of outbound transfers, certain taxpayers thereunder. goodwill or going concern value for use Section 1.367(a)–1T(d)(5)(iii) defines attempt to avoid recognizing gain or in an active trade or business.’’ S. Rep. income attributable to high-value ‘‘foreign goodwill or going concern No. 169, 98th Cong., 2d Sess., at 364; value’’ as the residual value of a intangible property by asserting that an H.R. Rep. No. 432, 98th Cong., 2d Sess., inappropriately large share (in many business operation conducted outside of at 1319. The Senate Finance Committee the United States after all other tangible cases, the majority) of the value of the and the House Committee on Ways and property transferred is foreign goodwill and intangible assets have been Means each noted, without explanation, identified and valued. Section 1.367(a)– or going concern value that is eligible that it ‘‘does not anticipate that the for favorable treatment under section 1T(d)(5)(iii) also provides that, for transfer of goodwill or going concern purposes of section 367 and the 367. value developed by a foreign branch to regulations thereunder, the value of a Specifically, the Treasury Department a newly organized foreign corporation right to use a corporate name in a and the IRS are aware that some will result in abuse of the U.S. tax foreign country is treated as foreign taxpayers value the property transferred system.’’ S. Rep. No. 169, 98th Cong., 2d goodwill or going concern value. in a manner contrary to section 482 in Sess., at 362; H.R. Rep. No. 432, 98th In addition to providing the foreign order to minimize the value of the Cong., 2d Sess., at 1317. However, goodwill exception, § 1.367(d)–1T(b) property transferred that they identify as neither section 367 nor its legislative also excepts from section 367(d) section 936(h)(3)(B) intangible property history defines goodwill or going property that is described in § 1.367(a)– for which a deemed income inclusion is concern value of a foreign branch or 5T(b)(2), which, in general, consists of required under section 367(d) and to discusses how goodwill or going copyrights and other items described in maximize the value of the property concern value is attributed to a foreign section 1221(a)(3). Those items, transferred that they identify as exempt branch. however, are not eligible for the ATB from current tax. For example, some exception by reason of § 1.367(a)–5T. D. Taxpayer Interpretations Regarding taxpayers (i) use valuation methods that For purposes of § 1.367(d)–1T, the Foreign Goodwill and Going Concern value items of intangible property on an useful life of intangible property is Value Under Section 367 item-by-item basis, when valuing the limited to 20 years under § 1.367(d)– items on an aggregate basis would 1T(c)(3). In general, taxpayers interpret section achieve a more reliable result under the 367 and the regulations under section arm’s length standard of the section 482 C. Legislative History of Section 367(d) 367(a) and (d) in one of two alternative regulations, or (ii) do not properly Congress amended section 367 in ways when claiming favorable treatment perform a full factual and functional 1984 to create objective statutory rules for foreign goodwill and going concern analysis of the business in which the because, among other reasons, the IRS value. intangible property is employed. was experiencing challenges Under one interpretation, taxpayers The Treasury Department and the IRS administering the prior version of the take the position that goodwill and also are aware that some taxpayers statute. The prior version provided that going concern value are not section broadly interpret the meaning of foreign certain outbound transfers of property 936(h)(3)(B) intangible property and goodwill and going concern value for qualified for tax-free treatment only if therefore are not subject to section purposes of section 367. Specifically, the U.S. transferor established that the 367(d) because section 367(d) applies although the existing regulations under outbound transfer was ‘‘not in only to section 936(h)(3)(B) intangible section 367 define foreign goodwill or pursuance of a plan having as one its property. Under this interpretation, going concern value by reference to a principal purposes the avoidance of taxpayers assert that the foreign business operation conducted outside of Federal income taxes.’’ goodwill exception has no application. the United States, some taxpayers have In amending section 367, Congress Furthermore, these taxpayers assert that asserted that they have transferred also noted that ‘‘specific and unique gain realized with respect to the significant foreign goodwill or going problems exist’’ with respect to outbound transfer of goodwill or going concern value when a large share of that outbound transfers of intangible concern value is not recognized under value was associated with a business property and enacted section 367(d) in the general rule of section 367(a)(1) operated primarily by employees in the substantially its present form to address because the goodwill or going concern United States, where the business these transfers. S. Rep. No 169, 98th value is eligible for, and satisfies, the simply earned income remotely from

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55571

foreign customers. In addition, some tax administration and therefore will § 1.367(d)–1T to take into account the taxpayers take the position that value amend the regulations under section elimination of the foreign goodwill created through customer-facing 367 as described in the Explanation of exception and the revised definition of activities occurring within the United Provisions section of this preamble. intangible property. The proposed States is foreign goodwill or going regulations also eliminate the definition III. Coordination with Section 482 concern value. of foreign goodwill and going concern The Treasury Department and the IRS The temporary regulations under value under existing § 1.367(a)– have concluded that the taxpayer section 482 published in the Rules and 1T(d)(5)(iii) because it is no longer positions and interpretations described Regulations section of this issue of the needed. in this section of the preamble raise Federal Register clarify the In addition, the proposed regulations significant policy concerns and are coordination of the application of the eliminate the existing rule under inconsistent with the expectation, arm’s length standard and the best § 1.367(d)–1T(c)(3) that limits the useful expressed in legislative history, that the method rule in the regulations under life of intangible property to 20 years. transfer of foreign goodwill or going section 482 in conjunction with other When the useful life of the intangible concern value developed by a foreign Code provisions, including section 367, property transferred exceeds 20 years, branch to a foreign corporation was in determining the proper tax treatment the limitation might result in less than unlikely to result in abuse of the U.S. of controlled transactions. The text of all of the income attributable to the tax system. See S. Rep. No. 169, 98th the temporary regulations under section property being taken into account by the Cong., 2d Sess., at 362; H.R. Rep. No. 482 also serves as the text of a portion U.S. transferor. Accordingly, proposed 432, 98th Cong., 2d Sess., at 1317. The of these proposed regulations. The § 1.367(d)–1(c)(3) provides that the Treasury Department and the IRS preamble to the temporary regulations useful life of intangible property is the considered whether the favorable explains the temporary regulations and entire period during which the treatment for foreign goodwill and going the corresponding proposed regulations. exploitation of the intangible property is concern value under current law could Explanation of Provisions reasonably anticipated to occur, as of be preserved while protecting the U.S. the time of transfer. For this purpose, tax base through regulations expressly I. Eliminating the Foreign Goodwill exploitation includes use of the prescribing parameters for the portion of Exception and Limiting the Scope of the intangible property in research and the value of a business that qualifies for ATB Exception development. Consistent with the the favorable treatment. For example, A. In General guidance for cost sharing arrangements regulations could require that, to be in § 1.482–7(g)(2)(ii)(A), if the intangible eligible for the favorable treatment, the The proposed regulations eliminate property is reasonably anticipated to value must have been created by the foreign goodwill exception under contribute to its own further activities conducted outside of the § 1.367(d)–1T and limit the scope of development or to developing other United States through an actual foreign property that is eligible for the ATB intangibles, then the period includes the branch that had been in operation for a exception generally to certain tangible period, reasonably anticipated at the minimum number of years and be property and financial assets. time of the transfer, of exploiting attributable to unrelated foreign Accordingly, under the proposed (including use in research and customers. The Treasury Department regulations, upon an outbound transfer development) such further and the IRS ultimately determined, of foreign goodwill or going concern development. Consequently, depending however, that such an approach would value, a U.S. transferor will be subject on the facts, the cessation of be impractical to administer. In to either current gain recognition under exploitation activity after a specific particular, while the temporary section 367(a)(1) or the tax treatment period of time may or may not be regulations under section 482 that are provided under section 367(d). reasonably anticipated. See, e.g., published in the Rules and Regulations B. Modifications to § 1.367(d)–1T § 1.482–7(g)(4)(viii), Examples 1 section of this issue of the Federal (cessation anticipated after 15 years) Register clarify the proper application Proposed § 1.367(d)–1(b) provides and 7 (cessation not anticipated at any of section 482 in important respects, that section 367(d) and § 1.367(d)–1 determinable date). there will continue to be challenges in apply to an outbound transfer of C. Modifications Relating to the ATB administering the transfer pricing rules intangible property, as defined in Exception whenever the transfer of different types proposed § 1.367(a)–1(d)(5). Proposed of intangible property gives rise to § 1.367(d)–1(b) does not provide an The rules for determining whether significantly different tax consequences. exception for any intangible property. property is eligible for the ATB Given the amounts at stake, as long as Rather, as described in part II. of the exception and whether the property foreign goodwill and going concern Explanation of Provisions section of this satisfies the ATB exception currently value are afforded favorable treatment, preamble, proposed § 1.367(a)–1(d)(5) are found in numerous regulations, taxpayers will continue to have strong modifies the definition of intangible namely §§ 1.367(a)–2, 1.367(a)–2T, incentives to take aggressive transfer property that applies for purposes of 1.367(a)–4, 1.367(a)–4T, 1.367(a)–5, and pricing positions to inappropriately section 367(a) and (d). The modified 1.367(a)–5T (collectively, the ATB exploit the favorable treatment of definition facilitates both the regulations). To make the regulations foreign goodwill and going concern elimination of the foreign goodwill more accessible, the proposed value, however defined, and thereby exception as well as the addition of a regulations combine the ATB erode the U.S. tax base. rule under which U.S. transferors may regulations, other than the depreciation For the reasons discussed in this apply section 367(d) with respect to recapture rule, into a single regulation section of the preamble, the Treasury certain outbound transfers of property under proposed § 1.367(a)–2. The Department and the IRS have that otherwise would be subject to proposed regulations retain a determined that allowing intangible section 367(a) under the U.S. coordination rule pursuant to which a property to be transferred outbound in transferor’s interpretation of section transfer of stock or securities in an a tax-free manner is inconsistent with 936(h)(3)(B). The proposed regulations exchange subject to § 1.367(a)–3 is not the policies of section 367 and sound make certain coordinating changes to subject to § 1.367(a)–2. See § 1.367(a)–

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55572 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

2(a)(1). The proposed regulations make currency; and (iv) certain leased and the IRS have determined that conforming changes to the depreciation tangible property. These four categories §§ 1.367(a)–3 and 1.367(a)–8 (generally recapture rule, which is moved from of property not eligible for the ATB requiring U.S. transferors that own five- § 1.367(a)–4T to § 1.367(a)–4, and the exception include four of the five percent or more of the stock of the branch loss recapture rule, which categories described in existing foreign corporation to enter into a gain remains under §§ 1.367(a)–6 and regulations under §§ 1.367(a)–5 and recognition agreement to avoid 1.367(a)–6T. Although minor wording 1.367–5T. The category for intangible recognizing gain under section 367(a)(1) changes have been made to certain property is not retained because it is not upon the outbound transfer of stock or aspects of the ATB regulations as part of relevant: Intangible property transferred securities) adequately carry out the consolidating them into a single to a foreign corporation pursuant to policy of section 367(a) with respect to regulation, the proposed regulations are section 351 or 361 is not eligible the transfer of stock or securities. not intended to be interpreted as making property under proposed § 1.367(a)–2(b) The proposed regulations modify the substantive changes to the ATB without regard to the application of scope of the term U.S. depreciated regulations except as otherwise proposed § 1.367(a)–2(c). property for purposes of the described in this section of the The proposed regulations also depreciation recapture rule to include preamble. eliminate the exception in existing section 126 property (as defined in Under existing regulations, all § 1.367(a)–5T(d)(2) that allows certain section 1255(a)(2)). property is eligible for the ATB property denominated in the foreign The proposed regulations eliminate exception, unless the property is currency of the country in which the the special rules for outbound transfers specifically excluded. Under this foreign corporation is organized to of property to a FSC, because the FSC structure, taxpayers have an incentive to qualify under the ATB exception if that provisions have been repealed. Tax take the position that certain intangible property was acquired in the ordinary Increase Prevention and Reconciliation property is not described in section course of the business of the U.S. Act of 2005, Pub L. 109–222, § 513, 120 936(h)(3)(B) and therefore not subject to transferor that will be carried on by the Stat. 366 (2006); FSC Repeal and section 367(d) and is instead subject to foreign corporation. The Treasury Extraterritorial Income Exclusion Act of section 367(a) but eligible for the ATB Department and the IRS have 2000, Pub. L. 106–519, § 2, 114 Stat. exception because the intangible determined that removing the exception 2423 (2000). property is not specifically excluded is consistent with the general policy of Finally, the proposed regulations from the ATB exception. The Treasury section 367(a)(3)(B)(iii) to require gain make conforming changes to the Department and the IRS have concluded to be recognized on an outbound reporting requirements under that providing an exclusive list of transfer of foreign currency § 1.6038B–1(c)(4) to take into account property eligible for the ATB exception denominated property. Removing the the proposed regulations under will reduce the incentives for taxpayers exception will preserve the character, § 1.367(a)–2. The proposed regulations to undervalue intangible property source, and amount of gain attributable retain a rule providing relief for certain subject to section 367(d). to section 988 transactions that failures to comply with the reporting Thus, the proposed regulations otherwise could be lost or changed if requirements of section 6038B and the provide that only certain types of such gain were not immediately regulations thereunder for qualification property (as described in the next recognized but instead were reflected under the ATB exception, but that rule paragraph) are eligible for the ATB only in the U.S. transferor’s basis in the is moved to proposed § 1.367(a)–2(j). exception. However, in order for eligible stock of the foreign corporation. II. Treatment of Certain Property as property to satisfy the ATB exception, The general rules for determining Subject to Section 367(d) that property must also be considered whether eligible property is transferred transferred for use in the active conduct for use in the active conduct of a trade Taxpayers take different positions as of a trade or business outside of the or business outside of the United States to whether goodwill and going concern United States. Specifically, proposed are described in proposed § 1.367(a)– value are section 936(h)(3)(B) intangible § 1.367(a)–2(a)(2) provides the general 2(d). Also, paragraphs (e) through (h) of property, as discussed in part I.D. of the rule that an outbound transfer of proposed § 1.367(a)–2 provide special Background section of this preamble. property satisfies the ATB exception if rules for certain property to be leased The proposed regulations do not (i) the property constitutes eligible after the transfer, a working interest in address this issue. However, the property, (ii) the property is transferred oil and gas property, property that is re- proposed regulations under § 1.367(a)– for use by the foreign corporation in the transferred by the transferee foreign 1(b)(5) provide that a U.S. transferor active conduct of a trade or business corporation to another person, and may apply section 367(d) to a transfer of outside of the United States, and (iii) certain compulsory transfers of property, other than certain property certain reporting requirements under property, respectively. The proposed described below, that otherwise would section 6038B are satisfied. regulations also combine existing be subject to section 367(a) under the Under proposed § 1.367(a)–2(b), § 1.367(a)–2T(c) (relating to property U.S. transferor’s interpretation of eligible property is tangible property, that is re-transferred by the foreign section 936(h)(3)(B). Under this rule, a working interests in oil and gas corporation) and a portion of § 1.367(a)– U.S. transferor that takes the position property, and certain financial assets, 4T(d) (relating to property to be sold by that goodwill and going concern value unless the property is also described in the foreign corporation) into proposed are not section 936(h)(3)(B) intangible one of four categories of ineligible § 1.367(a)–2(g), because both of these property may nonetheless apply section property. Proposed § 1.367(a)–2(c) lists existing provisions relate to subsequent 367(d) to goodwill and going concern four categories of property not eligible transfers of property by the foreign value. This rule furthers sound tax for the ATB exception, which, in corporation. See proposed § 1.367(a)– administration by reducing the general, are (i) inventory or similar 2(g)(1) and (2), respectively. Proposed consequences of uncertainty as to property; (ii) installment obligations, § 1.367(a)–2(g)(2) does not retain the whether value is attributable to property accounts receivable, or similar property; portion of existing § 1.367(a)–4T(d) that subject to section 367(a) or property (iii) foreign currency or certain other applies to certain transfers of stock or subject to section 367(d). The property denominated in foreign securities. The Treasury Department application of section 367(d) in lieu of

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55573

section 367(a) is available only for transactions. Proposed § 1.367(a)–1(b)(3) occurring before that date resulting from property that is not eligible property, as provides that, in cases where an entity classification elections made defined in proposed § 1.367(a)–2(b) but, outbound transfer of property subject to under § 301.7701–3 that are filed on or for this purpose, determined without section 367(a) constitutes a controlled after that date. For proposed dates of regard to § 1.367(a)–2(c) (which transaction, as defined in § 1.482– applicability, see § 1.367(a)–1(g)(5), describes four categories of property 1(i)(8), the value of the property –2(k), –4(b), –6(k), –7(j)(2), 1.367(d)–1(j), explicitly excluded from the ATB transferred is determined in accordance and 1.6038B–1(g)(7). No inference is exception). A U.S. transferor must with section 482 and the regulations intended as to the application of the disclose whether it is applying section thereunder. This rule replaces existing provisions proposed to be amended by 367(a) or (d) to a transfer of such § 1.367(a)–1T(b)(3), which includes these proposed regulations under property. See proposed §§ 1.6038B– three rules. current law. The IRS may, where 1(c)(4)(vii) and –1(d)(1)(iv). First, § 1.367(a)–1T(b)(3)(i) provides appropriate, challenge transactions To implement this new rule under that ‘‘the gain required to be recognized under applicable provisions or judicial proposed § 1.367(a)–1(b)(5) and the . . . shall in no event exceed the gain doctrines. removal of the foreign goodwill that would have been recognized on a exception, the proposed regulations taxable sale of those items of property Special Analyses revise the definition of ‘‘intangible if sold individually and without Certain IRS regulations, including this property’’ that applies for purposes of offsetting individual losses against one, are exempt from the requirements sections 367(a) and (d). As revised, the individual gains’’ (emphasis added). of Executive Order 12866, as term means either property described in The Treasury Department and the IRS supplemented and reaffirmed by section 936(h)(3)(B) or property to are concerned that in controlled Executive Order 13563. Therefore, a which a U.S. transferor applies section transactions, taxpayers might have regulatory impact assessment is not 367(d) (in lieu of applying section interpreted the wording ‘‘if sold required. It has been determined that 367(a)). However, for this purpose and individually’’ as inconsistent with section 553(b) and (d) of the consistent with existing regulations, § 1.482–1T(f)(2)(i)(B) (as clarified in Administrative Procedure Act (5 U.S.C. intangible property does not include temporary regulations published chapter 5) does not apply to these property described in section 1221(a)(3) elsewhere in the Rules and Regulations regulations. It is hereby certified that the (generally relating to certain copyrights) section in this issue of the Federal collection of information contained in or a working interest in oil and gas Register), which provides that an this regulation will not have a property. aggregate analysis of transactions may significant economic impact on a The regulations under § 1.367(a)–7 provide the most reliable measure of an substantial number of small entities. (concerning outbound transfers of arm’s length result in certain Accordingly, a regulatory flexibility property subject to section 367(a) in circumstances. analysis is not required. This certain asset reorganizations) use the Second, § 1.367(a)–1T(b)(3)(ii) certification is based on the fact that the term ‘‘section 367(d) property’’ to provides that no loss may be recognized proposed regulations under section describe property that is not subject to by reason of section 367. That rule 367(a) and (d) simplify existing section 367(a) and is therefore not duplicates a loss disallowance rule in regulations, and the regulations under subject to § 1.367(a)–7. The proposed § 1.367(a)–1T(b)(1), which provides that section 6038B make relatively minor regulations modify the definition of section 367(a)(1) denies nonrecognition changes to existing information section 367(d) property in § 1.367(a)– only to transfers of items of property on reporting requirements. Moreover, these 7(f)(11) (which currently defines section which gain is realized and that losses do regulations primarily will affect large 367(d) property as property described in not affect the amount of the gain domestic corporations filing section 936(h)(3)(B)) by reference to the recognized because of section 367(a)(1). consolidated returns. In addition, the new definition of ‘‘intangible property’’ Third, § 1.367(a)–1T(b)(3)(iii) Regulatory Flexibility Act (5 U.S.C. under the proposed regulations. When provides a rule to address a scenario in chapter 6) does not apply to the the Treasury Department and the IRS which ordinary income and capital gain regulations under section 482 that are issue regulations to implement the could exceed the amount described in proposed herein, and published as guidance described in Notice 2012–39 § 1.367(a)–1T(b)(3)(i). Because these temporary regulations in the Rules and (IRB 2012–31) (announcing regulations regulations replace § 1.367(a)– Regulations section of this issue of the to be issued addressing outbound 1T(b)(3)(i), § 1.367(a)–1T(b)(3)(iii) is no Federal Register, because those transfers of intangible property subject longer necessary. regulations do not impose a collection to section 367(d) in certain asset of information requirement on small IV. Proposed Effective/Applicability reorganizations), the definition of entities. Pursuant to section 7805(f) of Dates ‘‘section 367(d) property’’ provided in the Code, these regulations have been section 4.05(3) of the notice will be The proposed regulations are submitted to the Chief Counsel for similarly modified. proposed to apply to transfers occurring Advocacy of the Small Business on or after September 14, 2015 and to Administration for comment on their III. Modifications to § 1.367(a)–1T transfers occurring before September 14, impact on small business. Section 1.482–1T(f)(2)(i) of the 2015 resulting from entity classification temporary regulations published elections made under § 301.7701–3 that Comments and Requests for Public elsewhere in the Rules and Regulations are filed on or after September 14, 2015. Hearing section of this issue of the Federal However, the removal of the exception Before these proposed regulations are Register clarify the coordination of the currently provided in § 1.367(a)– adopted as final regulations, application of the arm’s length standard 5T(d)(2) will apply to transfers consideration will be given to any and the best method rule in the occurring on or after the date that the comments that are submitted timely to regulations under section 482 in rules proposed in this section are the IRS as prescribed in this preamble conjunction with other Code provisions, adopted as final regulations in a under the ADDRESSES heading. The including section 367, in determining Treasury decision published in the Treasury Department and the IRS the proper tax treatment of controlled Federal Register and to transfers request comments on all aspects of the

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55574 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

proposed rules. In particular, comments ■ Par. 2. Section 1.367(a)–0 is added to (g) Property retransferred by the foreign are requested on whether, with respect read as follows: corporation. to the proposed elimination of the (1) General rule. foreign goodwill exception and § 1.367(a)–0 Table of Contents. (2) Exception. (h) Compulsory transfers of property. narrowing of the scope of the ATB This section lists the paragraphs contained in §§ 1.367(a)–1 through (i) [Reserved]. exception, a limited exception should (j) Failure to comply with reporting be provided for certain narrow cases 1.367(a)–8. requirements of section 6038B. where there is limited potential for § 1.367(a)–1 Transfers to foreign (1) Failure to comply. abuse. One such case, for example, corporations subject to section 367(a): In (2) Relief for certain failures to comply that might be a financial services business general. are not willful. that operates in true branch form and for (a) Scope. (k) Effective/applicability dates. which there is regulatory pressure or (b) General rules. (1) In general. (2) Foreign currency exception. compulsion to incorporate the assets of (1) Foreign corporation not considered a the branch in a foreign corporation. corporation for purposes of certain transfers. § 1.367(a)–3 Treatment of transfers of stock (2) Cases in which foreign corporate status or securities to foreign corporations. Comments should discuss how the IRS is not disregarded. (a) In general. would administer any such exception. (3) Determination of value. (1) Overview. With respect to the ATB exception, (b)(4)(i)(A) [Reserved]. (2) Exceptions for certain exchanges of comments are requested as to whether (b)(4)(ii) [Reserved]. stock or securities. the definition of ‘‘financial asset’’ under (5) Treatment of certain property as subject (3) Cross-references. proposed § 1.367(a)–2(b)(3) should be to section 367(d). (b) Transfers of stock or securities of expanded to include other items. With (c) [Reserved]. foreign corporations. respect to the proposed elimination of (d) Definitions. (1) General rule. (d)(1) through (d)(2) [Reserved]. (2) Certain transfers subject to sections the 20-year limitation on the useful life (3) Transfer. of intangible property under § 1.367(d)– 367(a) and (b). (d)(4) [Reserved]. (c) Transfers of stock or securities of 1T(c)(3), comments are requested on (5) Intangible property. domestic corporations. ways to simplify the administration of (6) Operating intangibles. (1) General rule. inclusions that section 367(d) requires (e) Close of taxable year in certain section (2) Ownership presumption. for property with a very long useful life. 368(a)(1)(F) reorganizations. (3) Active trade or business test. All comments will be available at (f) Exchanges under sections 354(a) and (4) Special rules. www.regulations.gov or upon request. A 361(a) in certain section 368(a)(1)(F) (5) Definitions. reorganizations. (6) Reporting requirements of U.S. target public hearing will be scheduled if (1) Rule requested in writing by any person that company. (2) Rule applies regardless of whether a (7) Ownership statements. timely submits written comments. If a continuance under applicable law. (8) Certain transfers in connection with public hearing is scheduled, notice of (g) Effective date of certain sections. performance of services. the date, time, and place for the public (1) In general. (9) Private letter ruling option. hearing will be published in the Federal (g)(2) through (3) [Reserved]. (10) Examples. Register. (4) (11) Effective date. (5) Effective/applicability dates. (d) Indirect stock transfers in certain Drafting Information § 1.367(a)–2 Exceptions for transfers of nonrecognition transfers. The principal author of these property for use in the active conduct of (1) In general. proposed regulations is Ryan Bowen, a trade or business. (2) Special rules for indirect transfers. Office of Associate Chief Counsel (a) Scope and general rule. (3) Examples. (International). However, other (1) Scope. (e) [Reserved]. (2) General rule. (f) Failure to file statements. personnel from the Treasury (b) Eligible property. (1) Failure to file. Department and the IRS participated in (c) Exception for certain property. (2) Relief for certain failures to file that are their development. (1) Inventory. not willful. List of Subjects in 26 CFR Part 1 (2) Installment obligations, etc. (g) Effective/applicability dates. (3) Foreign currency, etc. (1) Rules of applicability. Income taxes, Reporting and (4) Certain leased tangible property. (2) Election. recordkeeping requirements. (d) Active conduct of a trade or business (h) Former 10-year gain recognition outside the United States. agreements. Proposed Amendments to the (1) In general. (i) [Reserved]. Regulations (2) Trade or business. (j) Transition rules regarding certain Accordingly, 26 CFR part 1 is (3) Active conduct. transfers of domestic or foreign stock or proposed to be amended as follows: (4) Outside of the United States. securities after December 16, 1987, and prior (5) Use in the trade or business. to July 20, 1998. PART 1—INCOME TAXES (6) Active leasing and licensing. (1) Scope. (e) Special rules for certain property to be (2) Transfers of domestic or foreign stock ■ Paragraph 1. The authority citation leased. or securities: Additional substantive rules. (1) Leasing business of the foreign (k) [Reserved]. for part 1 continues to read in part as corporation. follows: § 1.367(a)–4 Special rule applicable to U.S. (2) De minimis leasing by the foreign depreciated property. Authority: 26 U.S.C. 7805 * * * corporation. Sections 1.367(a)–1 through 1.367(a)–7 also (3) Aircraft and vessels leased in foreign (a) Depreciated property used in the United issued under 26 U.S.C. 367(a). * * * commerce. States. Section 1.367(d)–1 also issued under 26 (f) Special rules for oil and gas working (1) In general. U.S.C. 367(d). * * * interests. (2) U.S. depreciated property. Section 1.482–1 also issued under 26 (1) In general. (3) Property used within and without the U.S.C. 482. (2) Active use of working interest. United States. Section 1.6038B–1 also issued under 26 (3) Start-up operations. (b) Effective/applicability dates. U.S.C. 6038B. * * * (4) Other applicable rules. § 1.367(a)–5 [Reserved].

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55575

§ 1.367(a)–6 Transfer of foreign branch with (1) Disposition of transferred stock or (3) Examples. previously deducted losses. securities. (q) Examples. (a) through (b)(1) [Reserved]. (2) Disposition of substantially all of the (1) Presumed facts and references. (2) No active conduct exception. assets of the transferred corporation. (2) Examples. (c)(1) [Reserved]. (3) Disposition of certain partnership (r) Effective/applicability date. (2) Gain limitation. interests. (1) General rule. (3) [Reserved]. (4) Disposition of stock of the transferee (2) Applicability to transfers occurring (c)(4) through (j) [Reserved]. foreign corporation. before March 13, 2009. (k) Effective/applicability dates. (5) Deconsolidation. (3) Applicability to requests for relief (6) Consolidation. submitted before November 19, 2014. § 1.367(a)–7 Outbound transfers of property (7) Death of an individual; trust or estate ■ Par. 3. Section 1.367(a)–1 is amended described in section 361(a) or (b). ceases to exist. (a) Scope and purpose. (8) Failure to comply. by revising paragraphs (a), (b)(1) (b) General rule. (9) Gain recognition agreement filed in through (3), (b)(4)(i)(B), (b)(5), (c)(3)(ii), (1) Nonrecognition exchanges enumerated connection with indirect stock transfers and (d) introductory text, (d)(5), (d)(6), and in section 367(a)(1). certain triangular asset reorganizations. (g)(1) and (5) to read as follows: (2) Nonrecognition exchanges not (10) Gain recognition agreement filed enumerated in section 367(a)(1). pursuant to paragraph (k)(14) of this section. § 1.367(a)–1 Transfers to foreign (c) Elective exception. (k) Triggering event exceptions. corporations subject to section 367(a): In (1) Control. (1) Transfers of stock of the transferee general. (2) Gain recognition. foreign corporation to a corporation or (a) Scope. Section 367(a)(1) provides (3) Basis adjustments required for control partnership. the general rule concerning certain group members. (2) Complete liquidation of U.S. transferor transfers of property by a United States (4) Agreement to amend or file a U.S. under sections 332 and 337. person (referred to at times in this income tax return. (3) Transfers of transferred stock or (5) Election and reporting requirements. securities to a corporation or partnership. section as the ‘‘U.S. person’’ or ‘‘U.S. (d) Section 361 exchange followed by (4) Transfers of substantially all of the transferor’’) to a foreign corporation. successive distributions to which section 355 assets of the transferred corporation. Paragraph (b) of this section provides applies. (5) Recapitalizations and section 1036 general rules explaining the effect of (e) Other rules. exchanges. section 367(a)(1). Paragraph (c) of this (1) Section 367(a) property with respect to (6) Certain asset reorganizations. section describes transfers of property which gain is recognized. (7) Certain triangular reorganizations. that are described in section 367(a)(1). (2) Relief for certain failures to comply that (8) Complete liquidation of transferred Paragraph (d) of this section provides corporation. are not willful. definitions that apply for purposes of (3) Anti-abuse rule. (9) Death of U.S. transferor. (4) Certain income inclusions under (10) Deconsolidation. sections 367(a) and (d) and the § 1.367(b)–4. (11) Consolidation. regulations thereunder. Paragraphs (e) (5) Certain gain under § 1.367(a)–6. (12) Intercompany transactions. and (f) of this section provide rules that (f) Definitions. (13) Deemed asset sales pursuant to section apply to certain reorganizations (g) Examples. 338(g) elections. described in section 368(a)(1)(F). (h) Applicable cross-references. (14) Other dispositions or events. Paragraph (g) of this section provides (i) [Reserved]. (l) [Reserved]. dates of applicability. For rules (j) Effective/applicability dates. (m) Receipt of boot in nonrecognition concerning the reporting requirements (1) In general. transactions. (1) Dispositions of transferred stock or under section 6038B for certain transfers (2) Section 367(d) property. of property to a foreign corporation, see § 1.367(a)–8 Gain recognition agreement securities. (2) Dispositions of assets of transferred § 1.6038B–1. requirements. corporation. (b) General rules—(1) Foreign (a) Scope. (n) Special rules for distributions with corporation not considered a (b) Definitions and special rules. respect to stock. corporation for purposes of certain (1) Definitions. (1) Certain dividend equivalent transfers. If a U.S. person transfers (2) Special rules. redemptions treated as dispositions. (c) Gain recognition agreement. property to a foreign corporation in (2) Gain recognized under section connection with an exchange described (1) Terms of agreement. 301(c)(3). (2) Content of gain recognition agreement. (o) Dispositions or other events that in section 351, 354, 356, or 361, then, (3) Description of transferred stock or terminate or reduce the amount of gain pursuant to section 367(a)(1), the foreign securities and other information. subject to the gain recognition agreement. corporation will not be considered to be (4) Basis adjustments for gain recognized. (1) Taxable disposition of stock of the a corporation for purposes of (5) Terms and conditions of a new gain transferee foreign corporation. determining the extent to which gain is recognition agreement. (2) Gain recognized in connection with recognized on the transfer. Section (6) Cross-reference. certain nonrecognition transactions. (d) Filing requirements. 367(a)(1) denies nonrecognition (3) Gain recognized under section treatment only to transfers of items of (1) General rule. 301(c)(3). (2) Special requirements. (4) Dispositions of substantially all of the property on which gain is realized. (3) Common parent as agent for U.S. assets of a domestic transferred corporation. Thus, the amount of gain recognized transferor. (5) Certain distributions or transfers of because of section 367(a)(1) is (e) Signatory. transferred stock or securities to U.S. unaffected by the transfer of items of (1) General rule. persons. property on which loss is realized (but (2) Signature requirement. (6) Dispositions or other event following not recognized). (f) Extension of period of limitations on certain intercompany transactions. (2) Cases in which foreign corporate assessments of tax. (7) Expropriations under foreign law. status is not disregarded. For (1) General rule. (p) Relief for certain failures to file or (2) New gain recognition agreement. failures to comply that are not willful. circumstances in which section (g) Annual certification. (1) In general. 367(a)(1) does not apply to a U.S. (h) Use of security. (2) Procedures for establishing that a transferor’s transfer of property to a (i) [Reserved]. failure to file or failure to comply was not foreign corporation, and thus the foreign (j) Triggering events. willful. corporation is considered to be a

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55576 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

corporation, see §§ 1.367(a)–2, 1.367(a)– any other U.S. transferor that is related purchase or supply contracts, surveys, 3, and 1.367(a)–7. (within the meaning of section 267(b) or studies, and customer lists. (3) Determination of value. In cases in 707(b)(1)) to the U.S. transferor must * * * * * which a U.S. transferor’s transfer of consistently apply this paragraph (b)(5) (g) Effective date of certain sections— property to a foreign corporation to all property described in this (1) In general. Except as specifically constitutes a controlled transaction as paragraph (b)(5) that is transferred to provided to the contrary elsewhere in defined in § 1.482–1(i)(8), the value of one or more foreign corporations these sections, §§ 1.367(a)–1T and the property transferred is determined pursuant to a plan. A U.S. transferor 1.367(a)–6T apply to transfers occurring in accordance with section 482 and the applies the provisions of this paragraph after December 31, 1984. regulations thereunder. (b)(5) in the form and manner set forth (2) and (3) [Reserved]. For further (4)(i)(A) [Reserved]. For further in § 1.6038B–1(d)(1)(iv) and (v). guidance, see § 1.367(a)–1T(g)(2) and guidance, see § 1.367(a)–1T(b)(4)(i)(A). (c)(1) through (3)(i) [Reserved]. For (3). (B) Appropriate adjustments to further guidance, see § 1.367(a)–1T(c)(1) * * * * * earnings and profits, basis, and other through (3)(i). (5) Effective/applicability dates. affected items will be made according to (c)(3)(ii) Transfer of partnership Paragraphs (a), (b)(1), (b)(2), (b)(3), otherwise applicable rules, taking into interest treated as transfer of (b)(5), (d) introductory text, (d)(5), and account the gain recognized under proportionate share of assets—(A) In (d)(6) of this section apply to transfers section 367(a)(1). For purposes of general. If a U.S. person transfers an occurring on or after September 14, applying section 362, the foreign interest as a partner in a partnership 2015, and to transfers occurring before corporation’s basis in the property (whether foreign or domestic) in an September 14, 2015, resulting from received is increased by the amount of exchange described in section 367(a)(1), entity classification elections made gain recognized by the U.S. transferor then that person is treated as having under § 301.7701–3 that are filed on or under section 367(a) and the regulations transferred a proportionate share of the after September 14, 2015. For transfers issued pursuant to that section. To the property of the partnership in an occurring before this section is extent the regulations provide that the exchange described in section 367(a)(1). applicable, see §§ 1.367(a)–1 and U.S. transferor recognizes gain with Accordingly, the applicability of the 1.367(a)–1T as contained in 26 CFR part respect to a particular item of property, exception to section 367(a)(1) provided 1 revised as of April 1, 2015. the foreign corporation increases its in § 1.367(a)–2 is determined with ■ Par. 4. Section 1.367(a)–2 is amended basis in that item of property by the reference to the property of the by: amount of such gain recognized. For partnership rather than the partnership ■ 1. Revising paragraphs (a) through (d). example, §§ 1.367(a)–2, 1.367(a)–3, and interest itself. A U.S. person’s ■ 2. Redesignating paragraph (e)(1) as 1.367(a)–4, provide that gain is proportionate share of partnership paragraph (d)(6) and revising, and recognized with respect to particular property is determined under the rules removing paragraph (e)(2). items of property. To the extent the and principles of sections 701 through ■ 3. Redesignating paragraph (f) as regulations do not provide that gain 761 and the regulations thereunder. paragraph (j), and revising newly recognized by the U.S. transferor is with (c)(3)(ii)(B) through (7) [Reserved]. For redesignated paragraphs (j)(1), (j)(2)(i), respect to a particular item of property, further guidance, see § 1.367(a)– the first sentence of paragraph such gain is treated as recognized with 1T(c)(3)(ii)(B) through (7). (j)(2)(ii)(B), and (j)(3) and (4). ■ respect to items of property subject to * * * * * 4. Adding paragraphs (e) through (i) section 367(a) in proportion to the U.S. (d) Definitions. The following and (k). transferor’s gain realized in such definitions apply for purposes of The revisions and additions read as property, after taking into account gain sections 367(a) and (d) and the follows: recognized with respect to particular regulations thereunder. § 1.367(a)–2 Exceptions for transfers of items of property transferred under any (1) and (2) [Reserved]. For further property for use in the active conduct of a other provision of section 367(a). For guidance, see § 1.367(a)–1T(d)(1) and trade or business. example, § 1.367(a)–6 provides that (2). (a) Scope and general rule—(1) Scope. branch losses must be recaptured by the * * * * * Paragraph (a)(2) of this section provides recognition of gain realized on the (4) [Reserved]. For further guidance, the general exception to section transfer but does not associate the gain see § 1.367(a)–1T(d)(4). 367(a)(1) for certain property transferred with particular items of property. See (5) Intangible property. The term for use in the active conduct of a trade also § 1.367(a)–1(c)(3) for rules ‘‘intangible property’’ means either or business. Paragraph (b) of this section concerning transfers by partnerships or property described in section describes property that is eligible for the of partnership interests. 936(h)(3)(B) or property to which a U.S. exception provided in paragraph (a)(2) * * * * * person applies section 367(d) pursuant of this section. Paragraph (c) of this (b)(4)(ii) [Reserved]. For further to paragraph (b)(5) of this section, but section describes property that is not guidance, see § 1.367(a)–1T(b)(4)(ii). does not include property described in eligible for the exception provided in (5) Treatment of certain property as section 1221(a)(3) or a working interest paragraph (a)(2) of this section. subject to section 367(d). A U.S. in oil and gas property. Paragraph (d) of this section provides transferor may apply section 367(d) and (6) Operating intangibles. An general rules, and paragraphs (e) § 1.367(d)–1, rather than section 367(a) operating intangible is any property through (h) of this section provide and the regulations thereunder, to a described in section 936(h)(3)(B) of a special rules, for determining whether transfer of property to a foreign type not ordinarily licensed or property is used in the active conduct corporation that otherwise would be otherwise transferred in transactions of a trade or business outside of the subject to section 367(a), provided that between unrelated parties for United States. Paragraph (i) of this the property is not eligible property, as consideration contingent upon the section is reserved. Paragraph (j) of this defined in § 1.367(a)–2(b) but licensee’s or transferee’s use of the section provides relief for certain determined without regard to property. Examples of operating failures to comply with the reporting § 1.367(a)–2(c). A U.S. transferor and intangibles may include long-term requirements under paragraph (a)(2)(iii)

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55577

of this section that are not willful. currency, including installment or business, a group of activities must Paragraph (k) of this section provides obligations, futures contracts, forward ordinarily include every operation dates of applicability. The rules of this contracts, accounts receivable, or any which forms a part of, or a step in, a section do not apply to a transfer of other obligation entitling its payee to process by which an enterprise may stock or securities in an exchange receive payment in a currency other earn income or profit. In this regard, one subject to § 1.367(a)–3. than U.S. dollars. or more of such activities may be carried (2) General rule. Except as otherwise (ii) Limitation of gain required to be on by independent contractors under provided in §§ 1.367(a)–4, 1.367(a)–6, recognized. If section 367(a)(1) applies the direct control of the foreign and 1.367(a)–7, section 367(a)(1) does to a transfer of property described in corporation. (However, see paragraph not apply to property transferred by a paragraph (c)(3)(i) of this section, then (d)(3) of this section.) The group of United States person (U.S. transferor) to the gain required to be recognized is activities must ordinarily include the a foreign corporation if— limited to the gain realized as part of the collection of income and the payment of (i) The property constitutes eligible same transaction upon the transfer of expenses. If the activities of the foreign property; property described in paragraph (c)(3)(i) corporation do not constitute a trade or (ii) The property is transferred for use of this section, less any loss realized as business, then the exception provided by the foreign corporation in the active part of the same transaction upon the by this section does not apply, conduct of a trade or business outside transfer of property described in regardless of the level of activities of the United States, as determined paragraph (c)(3)(i) of this section. This carried on by the corporation. The under paragraph (d), (e), (f), (g), or (h) limitation applies in lieu of the rule in following activities are not considered of this section, as applicable; and § 1.367(a)–1(b)(1). No loss is recognized to constitute by themselves a trade or (iii) The U.S. transferor complies with with respect to property described in business for purposes of this section: the reporting requirements of section this paragraph (c)(3). (i) Any activity giving rise to expenses 6038B and the regulations thereunder. (4) Certain leased tangible property. that would be deductible only under (b) Eligible property. Except as Tangible property with respect to which section 212 if the activities were carried provided in paragraph (c) of this the transferor is a lessor at the time of on by an individual; or section, eligible property means— the transfer, unless either the foreign (ii) The holding for one’s own account (1) Tangible property; corporation is the lessee at the time of of investments in stock, securities, land, (2) A working interest in oil and gas the transfer or the foreign corporation or other property, including casual sales property; and will lease the property to third persons. thereof. (3) A financial asset. For purposes of (d) Active conduct of a trade or (3) Active conduct. Whether a trade or this section, a financial asset is— business outside the United States—(1) business is actively conducted by the (i) a cash equivalent; In general. Except as provided in foreign corporation is determined based (ii) a security within the meaning of paragraphs (e), (f), (g), and (h) of this on all the facts and circumstances. In section 475(c)(2), without regard to the section, to determine whether property general, a corporation actively conducts last sentence of section 475(c)(2) is transferred for use by the foreign a trade or business only if the officers (referencing section 1256) and without corporation in the active conduct of a and employees of the corporation carry regard to section 475(c)(4), but trade or business outside of the United out substantial managerial and excluding an interest in a partnership; States, four factual determinations must operational activities. A corporation (iii) a commodities position described be made: may be engaged in the active conduct of in section 475(e)(2)(B), 475(e)(2)(C), or (i) What is the trade or business of the a trade or business even though 475(e)(2)(D); and foreign corporation (see paragraph (d)(2) incidental activities of the trade or (iv) a notional principal contract of this section); business are carried out on behalf of the described in § 1.446–3(c)(1). (ii) Do the activities of the foreign corporation by independent contractors. (c) Exception for certain property. corporation constitute the active In determining whether the officers and Notwithstanding paragraph (b) of this conduct of that trade or business (see employees of the corporation carry out section, property described in paragraph paragraph (d)(3) of this section); substantial managerial and operational (c)(1), (2), (3), or (4) of this section does (iii) Is the trade or business conducted activities, however, the activities of not constitute eligible property. outside of the United States (see independent contractors are (1) Inventory. Stock in trade of the paragraph (d)(4) of this section); and disregarded. On the other hand, the taxpayer or other property of a kind (iv) Is the transferred property used or officers and employees of the which would properly be included in held for use in the trade or business (see corporation are considered to include the inventory of the taxpayer if on hand paragraph (d)(5) of this section)? the officers and employees of related at the close of the taxable year, or (2) Trade or business. Whether the entities who are made available to and property held by the taxpayer primarily activities of the foreign corporation supervised on a day-to-day basis by, and for sale to customers in the ordinary constitute a trade or business is whose salaries are paid by (or course of its trade or business (including determined based on all the facts and reimbursed to the lending related entity raw materials and supplies, partially circumstances. In general, a trade or by), the foreign corporation. See completed goods, and finished business is a specific unified group of paragraph (d)(6) of this section for the products). activities that constitute (or could standard that applies to determine (2) Installment obligations, etc. constitute) an independent economic whether a trade or business that Installment obligations, accounts enterprise carried on for profit. For produces rents or royalties is actively receivable, or similar property, but only example, the activities of a foreign conducted. The rule of this paragraph to the extent that the principal amount selling subsidiary could constitute a (d)(3) is illustrated by the following of any such obligation has not trade or business if they could be example. previously been included by the independently carried on for profit, Example. X, a domestic corporation, and taxpayer in its taxable income. even though the subsidiary acts Y, a foreign corporation not related to X, (3) Foreign currency, etc.—(i) In exclusively on behalf of, and has transfer property to Z, a newly formed foreign general. Foreign currency or other operations fully integrated with, its corporation organized for the purpose of property denominated in foreign parent corporation. To constitute a trade combining the research activities of X and Y.

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55578 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

Z contracts all of its operational and research (6) Active leasing and licensing. For (i) The employees of the foreign activities to Y for an arm’s-length fee. Z’s purposes of paragraph (d)(3) of this corporation perform substantial activities do not constitute the active conduct section, whether a trade or business that managerial and operational activities of of a trade or business. produces rents or royalties is actively leasing aircraft or vessels outside the (4) Outside of the United States. conducted is determined under the United States; and Whether the foreign corporation principles of section 954(c)(2)(A) and (ii) The leased property is conducts a trade or business outside of the regulations thereunder, but without predominantly used outside the United the United States is determined based regard to whether the rents or royalties States, as determined under § 1.954– on all the facts and circumstances. are received from an unrelated party. 2(c)(2)(v). Generally, the primary managerial and See §§ 1.954–2(c) and (d). (f) Special rules for oil and gas operational activities of the trade or (e) Special rules for certain property working interests—(1) In general. A business must be conducted outside the to be leased—(1) Leasing business of the working interest in oil and gas property United States and immediately after the foreign corporation. Except as otherwise will be considered to be transferred for transfer the transferred assets must be provided in this paragraph (e), tangible use in the active conduct of a trade or located outside the United States. Thus, property that will be leased to another business if— the exception provided by this section person by the foreign corporation will (i) The transfer satisfies the conditions would not apply to the transfer of the be considered to be transferred for use of paragraph (f)(2) or (f)(3) of this assets of a domestic business to a by the foreign corporation in an active section; foreign corporation if the domestic trade or business outside the United (ii) At the time of the transfer, the business continued to operate in the States only if— foreign corporation has no intention to United States after the transfer. In such (i) The foreign corporation’s leasing of farm out or otherwise transfer any part a case, the primary operational activities the property constitutes the active of the transferred working interest; and of the business would continue to be conduct of a leasing business, as (iii) During the first three years after conducted in the United States. determined under paragraph (d)(6) of the transfer there are no farmouts or Moreover, the transferred assets would this section; other transfers of any part of the be located in the United States. (ii) The lessee of the property is not transferred working interest as a result However, it is not necessary that every expected to, and does not, use the of which the foreign corporation retains item of property transferred be used property in the United States; and less than a 50-percent share of the outside of the United States. As long as (iii) The foreign corporation has a transferred working interest. the primary managerial and operational need for substantial investment in assets (2) Active use of working interest. A activities of the trade or business are of the type transferred. working interest in oil and gas property conducted outside of the United States (2) De minimis leasing by the foreign that satisfies the conditions in and substantially all of the transferred corporation. Tangible property that will paragraphs (f)(1)(ii) and (iii) of this assets are located outside the United be leased to another person by the section will be considered to be States, incidental items of transferred foreign corporation but that does not transferred for use in the active conduct property located in the United States satisfy the conditions of paragraph (e)(1) of a trade or business if— (i) The U.S. transferor is regularly and may be considered to have been of this section will, nevertheless, be substantially engaged in exploration for transferred for use in the active conduct considered to be transferred for use in and extraction of minerals, either of a trade or business outside of the the active conduct of a trade or business directly or through working interests in United States. if either— (i) The property transferred will be joint ventures, other than by reason of (5) Use in the trade or business. used by the foreign corporation in the the property that is transferred; Whether property is used or held for use active conduct of a trade or business but (ii) The terms of the working interest by the foreign corporation in a trade or will be leased during occasional brief transferred were actively negotiated business is determined based on all the periods when the property would among the joint venturers; facts and circumstances. In general, otherwise be idle, such as an airplane (iii) The working interest transferred property is used or held for use in the leased during periods of excess constitutes at least a five percent foreign corporation’s trade or business if capacity; or working interest; it is— (ii) The property transferred is real (iv) Before and at the time of the (i) Held for the principal purpose of property located outside the United transfer, through its own employees or promoting the present conduct of the States and— officers, the U.S. transferor was trade or business; (A) The property will be used regularly and actively engaged in— (ii) Acquired and held in the ordinary primarily in the active conduct of a (A) Operating the working interest, or course of the trade or business; or trade or business of the foreign (B) Analyzing technical data relating (iii) Otherwise held in a direct corporation; and to the activities of the venture; relationship to the trade or business. (B) Not more than ten percent of the (v) Before and at the time of the Property is considered held in a direct square footage of the property will be transfer, through its own employees or relationship to a trade or business if it leased to others. officers, the U.S. transferor was is held to meet the present needs of that (3) Aircraft and vessels leased in regularly and actively involved in trade or business and not its anticipated foreign commerce. For purposes of decision making with respect to the future needs. Thus, property will not be satisfying paragraph (e)(1) of this operations of the venture, including considered to be held in a direct section, an aircraft or vessel, including decisions relating to exploration, relationship to a trade or business if it component parts such as an engine development, production, and is held for the purpose of providing for leased separately from the aircraft or marketing; and future diversification into a new trade or vessel, that will be leased to another (vi) After the transfer, the foreign business, future expansion of trade or person by the foreign corporation will corporation will for the foreseeable business activities, future plant be considered to be transferred for use future satisfy the requirements of replacement, or future business in the active conduct of a trade or subparagraphs (iv) and (v) of this contingencies. business if— paragraph (f)(2).

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55579

(3) Start-up operations. A working (ii) Each subsequent transferee is determined not to be willful will not be interest in oil and gas property that either a partnership in which the subject to gain recognition under this satisfies the conditions in paragraphs preceding transferor is a general partner section, the taxpayer will be subject to (f)(1)(ii) and (iii) of this section but that or a corporation in which the preceding a penalty under section 6038B if the does not satisfy all the requirements of transferor owns common stock; and taxpayer fails to demonstrate that the paragraph (f)(2) of this section will, (iii) The ultimate transferee is failure was due to reasonable cause and nevertheless, be considered to be considered to use the property in the not willful neglect. See § 1.6038B– transferred for use in the active conduct active conduct of a trade or business 1(b)(1) and (f). The determination of of a trade or business if— outside of the United States, as whether the failure to comply was (i) The working interest was acquired determined by applying paragraph (d), willful under this section has no effect by the U.S. transferor immediately (e), or (f) of this section, as applicable, on any request for relief made under before the transfer and for the specific with respect to the ultimate transferee § 1.6038B 1(f). purpose of transferring it to the foreign rather than the foreign corporation. corporation; (h) Compulsory transfers of property. (ii) * * * (ii) The requirements of paragraphs Property is presumed to be transferred (B) Notice requirement. In addition to (f)(2)(ii) and (iii) of this section are for use in the active conduct of a trade the requirements of paragraph satisfied; and or business outside of the United States, (j)(2)(ii)(A) of this section, the taxpayer (iii) The foreign corporation will for if— must comply with the notice the foreseeable future satisfy the (1) The property was previously in requirements of this paragraph requirements of paragraph (f)(2)(iv) and use in the country in which the foreign (j)(2)(ii)(B). * * * (v) of this section. corporation is organized; and (2) The transfer is either: (3) For illustrations of the application (4) Other applicable rules. A working (i) Legally required by the foreign of the willfulness standard of this interest in oil and gas property that is government as a necessary condition of paragraph (j), see the examples in not described in paragraph (f)(1) of this doing business; or § 1.367(a)–8(p)(3). section may nonetheless qualify for the (ii) Compelled by a genuine threat of exception to section 367(a)(1) contained (4) Paragraph (j) applies to requests immediate expropriation by the foreign in this section depending upon the facts for relief submitted on or after government. and circumstances. November 19, 2014. (i) [Reserved]. (g) Property retransferred by the (j) Failure to comply with reporting (k) Effective/applicability dates—(1) foreign corporation—(1) General rule. requirements of section 6038B—(1) In general. Except as provided in Property will not be considered to be Failure to comply. For purposes of the paragraph (k)(2) of this section, the rules transferred for use in the active conduct exception to the application of section of this section apply to transfers of a trade or business outside of the 367(a)(1) provided in paragraph (a)(2) of occurring on or after September 14, United States if— this section, a failure to comply with the 2015, and to transfers occurring before (i) At the time of the transfer, it is reporting requirements of section 6038B September 14, 2015, resulting from reasonable to believe that, in the and the regulations thereunder (failure entity classification elections made reasonably foreseeable future, the to comply) has the meaning set forth in under § 301.7701–3 that are filed on or foreign corporation will sell or § 1.6038B–1(f)(2). after September 14, 2015. For transfers otherwise dispose of any material (2) Relief for certain failures to occurring before this section is portion of the property other than in the comply that are not willful—(i) In applicable, see §§ 1.367(a)–2, –2T, –4, ordinary course of business; or general. A failure to comply described –4T, –5, and –5T as contained in 26 CFR (ii) Except as provided in paragraph in paragraph (j)(1) of this section will be part 1 revised as of April 1, 2015. (g)(2) of this section, the foreign deemed not to have occurred for corporation receives the property in an purposes of satisfying the requirements (2) Foreign currency exception. exchange described in section 367(a)(1), of this section if the taxpayer Notwithstanding paragraph (c)(3)(i) of and, as part of the same transaction, demonstrates that the failure was not this section, § 1.367(a)–5T(d)(2) as transfers the property to another person. willful using the procedure set forth in contained in 26 CFR part 1 revised as of For purposes of the preceding sentence, this paragraph (j)(2). For this purpose, April 1, 2015, applies to transfers of a subsequent transfer within six months willful is to be interpreted consistent property denominated in a foreign of the initial transfer will be considered with the meaning of that term in the currency occurring before the date that to be part of the same transaction, and context of other civil penalties, which the rules proposed in this section are a subsequent transfer more than six would include a failure due to gross adopted as final regulations in a months after the initial transfer may be negligence, reckless disregard, or willful Treasury decision published in the considered to be part of the same neglect. Whether a failure to comply Federal Register, other than transfers transaction under step-transaction was a willful failure will be determined occurring before that date resulting from principles. by the Director of Field Operations entity classification elections made (2) Exception. Notwithstanding International, Large Business & under § 301.7701–3 that are filed on or paragraph (g)(1)(ii) of this section, International (or any successor to the after that date. property will be considered to be roles and responsibilities of such transferred for use in the active conduct position, as appropriate) (Director) § 1.367(a)–3 [Amended] of a trade or business outside of the based on all the facts and ■ Par. 5. For each section listed in United States if— circumstances. The taxpayer must following the table, remove the language (i) The initial transfer to the foreign submit a request for relief and an corporation is followed by one or more explanation as provided in paragraph in the ‘‘Remove’’ column and add in its subsequent transfers described in (j)(2)(ii)(A) of this section. Although a place the language in the ‘‘Add’’ section 351 or 721; and taxpayer whose failure to comply is column.

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55580 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

Section Remove Add

§ 1.367(a)–3(a)(3), first sentence ...... § 1.367(a)–1T(c) ...... § 1.367(a)–1(c). § 1.367(a)–3(c)(4)(i), last sentence ...... § 1.367(a)–1T(c)(3) ...... § 1.367(a)–1(c)(3). § 1.367(a)–3(c)(4)(iv), first sentence ...... § 1.367(a)–1T(d)(1) ...... § 1.367(a)–1(d)(1). § 1.367(a)–3(c)(3)(i)(A) ...... § 1.367(a)–2T(b)(2) and (3) ...... § 1.367(a)–2(d)(2), (3), and (4). § 1.367(a)–3(c)(3)(ii)(B), last sentence ...... § 1.367(a)–2T(b)(2) and (3) ...... § 1.367(a)–2(d)(2) and (3). § 1.367(a)–3(d)(3) Example 7A(ii), penultimate § 1.367(a)–2T(a)(2) ...... § 1.367(a)–2(a)(2)(iii). sentence. § 1.367(a)–3(d)(3) Example 13(i), penultimate § 1.367(a)–2T(c)(2) ...... § 1.367(a)–2(g)(2). sentence.

■ Par. 6. Section 1.367(a)–4 is revised to transfer the U.S. person had sold the 1245(a)(3)), section 1250 property (as read as follows: property at its fair market value. defined in section 1250(c)), farm land Recapture of depreciation under this (as defined in section 1252(a)(2)), § 1.367(a)–4 Special rule applicable to U.S. paragraph (a) is required regardless of section 1254 property (as defined in depreciated property. whether the exception to section section 1254(a)(3)), or section 126 (a) Depreciated property used in the 367(a)(1) provided by § 1.367(a)–2(a)(2) property (as defined in section United States—(1) In general. A U.S. applies to the transfer of the U.S. 1255(a)(2)); and person that transfers U.S. depreciated depreciated property. However, the (ii) Has been used in the United States property (as defined in paragraph (a)(2) transfer of the U.S. depreciated property or has been described in section of this section) to a foreign corporation may qualify for the exception with 168(g)(4) before its transfer. in an exchange described in section respect to realized gain that is not 367(a)(1), must include in its gross included in ordinary income pursuant (3) Property used within and without income for the taxable year in which the to this paragraph (a). the United States. (i) If U.S. depreciated transfer occurs ordinary income equal to (2) U.S. depreciated property. U.S. property has been used partly within the gain realized that would have been depreciated property subject to the rules and partly without the United States, includible in the transferor’s gross of this paragraph (a) is any property then the amount required to be included income as ordinary income under that— in ordinary income pursuant to this section 617(d)(1), 1245(a), 1250(a), (i) Is either mining property (as paragraph (a) is reduced to an amount 1252(a), 1254(a), or 1255(a), whichever defined in section 617(f)(2)), section determined in accordance with the is applicable, if at the time of the 1245 property (as defined in section following formula:

(ii) For purposes of the fraction in occurring on or after September 14, (2) Gain limitation. The gain required paragraph (a)(3)(i) of this section, the 2015,] and to transfers occurring before to be recognized under paragraph (b)(1) ‘‘full recapture amount’’ is the amount September 14, 2015, resulting from of this section will not exceed the that would otherwise be included in the entity classification elections made aggregate amount of gain realized on the transferor’s income under paragraph under § 301.7701–3 that are filed on or transfer of all branch assets (without (a)(1) of this section. ‘‘U.S. use’’ is the after September 14, 2015. For transfers regard to the transfer of any assets on number of months that the property occurring before this section is which loss is realized but not either was used within the United States applicable, see §§ 1.367(a)–4 and recognized). or qualified as section 38 property by 1.367(a)–4T as contained in 26 CFR part (3) [Reserved]. virtue of section 48(a)(2)(B), and was 1 revised as of April 1, 2015. (c)(4) Transfers of certain intangible subject to depreciation by the transferor property. Gain realized on the transfer of or a related person. ‘‘Total use’’ is the § 1.367(a)–5 [Removed and Reserved] intangible property (computed with total number of months that the ■ Par. 7. Section 1.367(a)–5 is removed reference to the fair market value of the property was used (or available for use), and reserved. intangible property as of the date of the and subject to depreciation, by the ■ Par. 8. Section 1.367(a)–6 is added to transfer) that is an asset of a foreign transferor or a related person. For read as follows: branch is taken into account in purposes of this paragraph (a)(3), computing the limitation on loss property is not considered to have been § 1.367(a)–6 Transfer of foreign branch recapture under paragraph (c)(2) of this with previously deducted losses. in use outside of the United States section. For rules relating to the during any period in which such (a) through (b)(1) [Reserved]. For crediting of gain recognized under this property was, for purposes of section 48 further guidance, see § 1.367(a)–6T(a) section against income deemed to arise or 168, treated as property not used through (b)(1). by operation of section 367(d), see predominantly outside the United States (b)(2) No active conduct exception. § 1.367(d)–1(g)(3). pursuant to the provisions of section The rules of this paragraph (b) apply (d) through (j) [Reserved]. For further 48(a)(2)(B). For purposes of this regardless of whether any of the assets guidance, see § 1.367(a)–6T(d) through paragraph (b)(3) the term ‘‘related of the foreign branch satisfy the active (j). person’’ has the meaning set forth in trade or business exception of (k) Effective/applicability dates. The § 1.367(d)–1(h). § 1.367(a)–2(a)(2). rules of this section apply to transfers (b) Effective/applicability dates. The (c)(1) [Reserved]. For further occurring on or after September 14, rules of this section apply to transfers guidance, see § 1.367(a)–6T(c)(1). 2015, and to transfers occurring before

VerDate Sep<11>2014 21:45 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS EP16SE15.000 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55581

September 14, 2015, resulting from § 1.367(a)–7 Outbound transfers of occurring on or after September 14, entity classification elections made property described in section 361(a) or (b). 2015, and to transfers occurring before under § 301.7701–3 that are filed on or * * * * * September 14, 2015, resulting from after September 14, 2015. For transfers (f) * * * entity classification elections made occurring before this section is (11) Section 367(d) property is under § 301.7701–3 that are filed on or applicable, see §§ 1.367(a)–6T as intangible property as defined in after September 14, 2015. For transfers contained in 26 CFR part 1 revised as of § 1.367(a)–1(d)(5). occurring before this section is April 1, 2015. * * * * * applicable, see § 1.367(a)–7 as contained ■ Par. 9. Section 1.367(a)–7 is amended (j) Effective/applicability dates—(1) In in 26 CFR part 1 revised as of April 1, by: general. Except as provided in 2015. paragraphs (e)(2) and (j)(2) of this ■ 1. Revising paragraph (f)(11). section, this section applies to transfers § 1.367(a)–7 [Amended] ■ 2. Redesignating paragraph (j) as (j)(1) occurring on or after April 18, 2013. ■ Par. 10. For each section listed in the and revising the first sentence, and *** following table, remove the language in adding paragraph (j)(2). (2) Section 367(d) property. The the ‘‘Remove’’ column and add in its The revision and addition read as definition provided in paragraph (f)(11) place the language in the ‘‘Add’’ follows: of this section applies to transfers column.

Section Remove Add

§ 1.367(a)–7(a), sixth sentence ...... § 1.367(a)–6T ...... § 1.367(a)–6. § 1.367(a)–7(c), second sentence ...... § 1.367(a)–2T ...... § 1.367(a)–2. § 1.367(a)–7(c), second sentence ...... § 1.367(a)–4T, 1.367(a)–5T ...... § 1.367(a)–4. § 1.367(a)–7(c), second sentence ...... § 1.367(a)–6T ...... § 1.367(a)–6. § 1.367(a)–7(c)(2)(i)(B) ...... § 1.367(a)–6T ...... § 1.367(a)–6. § 1.367(a)–7(c)(2)(ii)(A)(2) ...... § 1.367(a)–6T ...... § 1.367(a)–6. § 1.367(a)–7(e)(1), third sentence ...... § 1.367(a)–2T ...... § 1.367(a)–2. § 1.367(a)–7(e)(1), third sentence ...... § 1.367(a)–4T, 1.367(a)–5T ...... § 1.367(a)–4. § 1.367(a)–7(e)(1), third sentence ...... § 1.367(a)–6T ...... § 1.367(a)–6. § 1.367(a)–7(e)(1), last sentence ...... § 1.367(a)–1T(b)(4) and § 1.367(a)– § 1.367(a)–1(b)(4). 1(b)(4)(i)(B). § 1.367(a)–7(e)(4)(ii), first and second sen- § 1.367(a)–6T ...... § 1.367(a)–6. tences. § 1.367(a)–7(e)(5), heading ...... § 1.367(a)–6T ...... § 1.367(a)–6. § 1.367(a)–7(e)(5)(i), first sentence ...... § 1.367(a)–6T ...... § 1.367(a)–6. § 1.367(a)–7(e)(5)(ii), first sentence ...... § 1.367(a)–6T ...... § 1.367(a)–6. § 1.367(a)–7(f)(4)(ii) ...... § 1.367(a)–6T ...... § 1.367(a)–6. § 1.367(a)–7(g), last sentence ...... § 1.367(a)–2T ...... § 1.367(a)–2. § 1.367(a)–7(g), Example 1 (ii)(A), last sentence § 1.367(a)–2T ...... § 1.367(a)–2. § 1.367(a)–7(g), Example 2 (ii)(A), last sentence § 1.367(a)–2T ...... § 1.367(a)–2.

§ 1.367(a)–8 [Amended] the ‘‘Remove’’ column and add in its ■ Par. 11. For each section listed in the place the language in the ‘‘Add’’ following table, remove the language in column.

Section Remove Add

§ 1.367(a)–8(b)(1)(xv), first sentence ...... § 1.367(a)–1T(d)(1) ...... § 1.367(a)–1(d)(1). § 1.367(a)–8(b)(1)(xv), second sentence ...... § 1.367(a)–1T(c)(3)(i) ...... § 1.367(a)–1(c)(3)(i). § 1.367(a)–8(c)(3)(viii) ...... § 1.367(a)–1T(c)(3)(i) and § 1.367(a)– § 1.367(a)–1(c)(3)(i) and § 1.367(a)–1(c)(3)(ii). 1T(c)(3)(ii). § 1.367(a)–8(c)(4)(iv) ...... § 1.367(a)–1T(b)(4) ...... § 1.367(a)–1(b)(4). § 1.367(a)–8(j)(3) ...... § 1.367(a)–1T(c)(3)(ii) ...... § 1.367(a)–1(c)(3)(ii).

■ Par. 12. Section 1.367(d)-1 is added to thereunder for the rules that apply to transfer of the intangible property, read as follows: the transfer of any property other than including use without further intangible property. development, use in the further § 1.367(d)–1 Transfers of intangible property to foreign corporations. (c)(1) and (2) [Reserved]. For further development of the intangible property itself (and any exploitation of the (a) [Reserved]. For further guidance, guidance, see § 1.367(d)–1T(c)(1) and further developed intangible property), see § 1.367(d)–1T(a). (2). and use in the development of other (b) Property subject to section 367(d). (3) Useful life. For purposes of this Section 367(d) and the rules of this section, the useful life of intangible intangible property (and any section apply to the transfer of property is the entire period during exploitation of the developed other intangible property, as defined in which exploitation of the intangible intangible property). § 1.367(a)–1(d)(5), by a U.S. person to a property is reasonably anticipated to (c)(4) through (g)(2) [Reserved]. For foreign corporation in an exchange occur, as of the time of transfer. further guidance, see § 1.367(d)–1T(c)(4) described in section 351 or 361. See Exploitation of intangible property through (g)(2). section 367(a) and the regulations includes any direct or indirect use or

VerDate Sep<11>2014 17:29 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55582 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

(g)(2)(i) The intangible property connection with the manufacture or sale sections with respect to that property is transferred constitutes an operating of products in or for use or consumption credited against amounts that would intangible, as defined in § 1.367(a)– in the United States. otherwise be required to be recognized 1(d)(6). (3) Intangible property transferred with respect to that same property (g)(2)(ii) through (iii)(D) [Reserved]. from branch with previously deducted under paragraphs (c) through (f) of this For further guidance, see § 1.367(d)– losses. (i) If income is required to be section in either the current or future 1T(g)(2)(ii) through (iii)(D). recognized under section 904(f)(3) and taxable years. The amount recognized (E) The transferred intangible the regulations thereunder or under under section 904(f)(3) or § 1.367(a)–6 property will be used in the active § 1.367(a)–6 upon the transfer of with respect to the transferred conduct of a trade or business outside intangible property of a foreign branch intangible property is determined in of the United States within the meaning that had previously deducted losses, of § 1.367(a)–2 and will not be used in then the income recognized under those accordance with the following formula:

(ii) For purposes of the formula in § 1.482–1 Allocation of income and under § 1.367(a)–2(a)(2). Provide here a paragraph (g)(3)(i) of this section, the deductions among taxpayers. general description of the business ‘‘loss recapture income’’ is the total [The text of the proposed conducted (or to be conducted) by the amount required to be recognized by the amendments to § 1.482–1 is the same as transferee, including the location of the U.S. transferor pursuant to section the text of § 1.482–1T(f)(2)(i), business, the number of its employees, 904(f)(3) or § 1.367(a)–6. The ‘‘gain from (f)(2)(ii)(B), and (j)(7) published the nature of the business, and copies of intangible property’’ is the total amount elsewhere in this issue of the Federal the most recently prepared balance of gain realized by the U.S. transferor Register]. sheet and profit and loss statement. pursuant to section 904(f)(3) and Property listed within this category may § 1.884–5 [Amended] § 1.367(a)–6 upon the transfer of items be identified by general type. For ■ of property that are subject to section Par. 15. Section 1.884–5 is amended example, upon the transfer of the assets 367(d). ‘‘Gain from intangible property’’ in paragraph (e)(3)(ii)(A) by removing of a manufacturing operation, a does not include gain realized with the citation ‘‘1.367(a)–2T(b)(5),’’ and reasonable description of the property to respect to intangible property by reason adding the citation ‘‘1.367(a)–2(d)(5)’’ in be used in the business might include of an election under paragraph (g)(2) of its place. the categories of office equipment and this section. The ‘‘gain from all branch § 1.1248–8 [Amended] supplies, computers and related assets’’ is the total amount of gain ■ Par. 16. Section 1.1248–8 is amended equipment, motor vehicles, and several realized by the transferor upon the in paragraph (b)(2)(iv)(B)(1)(ii) by major categories of manufacturing transfer of items of property of the removing the citation ‘‘1.367(a)–6T,’’ equipment. However, any property that branch for which gain is realized. is includible in both paragraphs (c)(4)(i) (g)(4) through (i) [Reserved]. For and adding the citation ‘‘1.367(a)–6’’ in its place. and (iii) of this section (property subject further guidance, see § 1.367(d)–1T(g)(4) to depreciation recapture under through (i). § 1.1248(f)–2 [Amended] § 1.367(a)–4(a)) must be identified in the (j) Effective/applicability dates. This ■ Par. 17. Section 1.1248(f)–2 is manner required in paragraph (c)(4)(iii) section applies to transfers occurring on amended in the last sentence of of this section. If property is considered or after September 14, 2015, and to paragraph (e) by removing the citation to be transferred for use in the active transfers occurring before September 14, ‘‘1.367(a)–2T,’’ and adding the citation conduct of a trade or business under a 2015, resulting from entity classification ‘‘1.367(a)–2’’ in its place. special rule in paragraph (e), (f), or (g) elections made under § 301.7701–3 that ■ Par. 18. Section 1.6038B–1 is of § 1.367(a)–2, specify the applicable are filed on or after September 14, 2015. amended by: rule and provide information supporting For transfers occurring before this ■ 1. Removing the citation ‘‘1.367(a)– the application of the rule. section is applicable, see § 1.367(d)–1T 1T(c),’’ in the fourth sentence of (ii) Stock or securities. Describe any as contained in 26 CFR part 1 revised as paragraph (b)(1)(i) and adding the transferred stock or securities, including of April 1, 2015. citation ‘‘1.367(a)–1(c)’’ in its place. the class or type, amount, and ■ Par. 13. Section 1.367(e)–2 is ■ 2. Adding paragraphs (c)(4)(i) through characteristics of the transferred stock or amended by revising paragraph (vii), (c)(5), and (d)(1)(iv) and (vii) securities, as well as the name, address, (b)(3)(iii) to read as follows: ■ 3. Revising the first sentence of place of incorporation, and general § 1.367(e)–2 Distributions described in paragraph (g)(1). description of the corporation issuing ■ section 367(e)(2). 4. Adding paragraph (g)(7). the stock or securities. The additions and revision read as (iii) Depreciated property. Describe * * * * * follows: (b) * * * any property that is subject to (3) * * * § 1.6038B–1 Reporting of certain transfers depreciation recapture under § 1.367(a)– (iii) Other rules. For other rules that to foreign corporations. 4(a). Property within this category must may apply, see sections 381, 897, 1248, * * * * * be separately identified to the same and § 1.482–1(f)(2)(i)(C). (c) * * * extent as was required for purposes of * * * * * (1) through (4) [Reserved]. For further the previously claimed depreciation ■ Par. 14. Section 1.482–1 is amended guidance, see § 1.6038B–1T(c)(1) deduction. Specify with respect to each by revising paragraphs (f)(2)(i) and through (4). such asset the relevant recapture (f)(2)(ii)(B) and adding paragraph (j)(7) (i) Active business property. Describe provision, the number of months that to read as follows: any transferred property that qualifies such property was in use within the

VerDate Sep<11>2014 17:29 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS EP16SE15.001 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55583

United States, the total number of property transferred, including its DEPARTMENT OF HOMELAND months the property was in use, the fair adjusted basis. Generally, each item of SECURITY market value of the property, a schedule intangible property must be separately of the depreciation deduction taken identified, including intangible property Coast Guard with respect to the property, and a described in § 1.367(d)–1(g)(2)(i) or that calculation of the amount of is subject to the rules of section 367(d) 33 CFR Part 165 depreciation required to be recaptured. under § 1.367(a)–1(b)(5). [Docket Number USCG–2015–0677] (iv) Property not transferred for use in the active conduct of a trade or (d)(1)(v) through (d)(1)(vi) [Reserved]. RIN 1625–AA00 business. Describe any property that is For further guidance, see § 1.6038B– eligible property, as defined in 1T(d)(1)(v) through (1)(vi). Safety Zones; Lower Mississippi River Miles 95.7 to 96.7; New Orleans, LA § 1.367(a)–2(b) taking into account the (d)(1)(vii) Coordination with loss application of § 1.367(a)–2(c), that was rules. List any intangible property AGENCY: Coast Guard, DHS. transferred to the foreign corporation subject to section 367(d) the transfer of ACTION: Notice of proposed rulemaking. but not for use in the active conduct of which also gives rise to the recognition a trade or business outside the United of gain under section 904(f)(3) or SUMMARY: The Coast Guard proposes to States (and was therefore not listed §§ 1.367(a)–6 or –6T. Provide a establish two temporary safety zones under paragraph (c)(4)(i) of this section). calculation of the gain required to be from Mile Marker (MM) 95.7 to MM 96.7 above Head of Passes (AHP) on the (v) Property transferred under recognized with respect to such Lower Mississippi River (LMR) on two compulsion. If property qualifies for the property, in accordance with the exception of § 1.367(a)–2(a)(2) under the different dates. These safety zones are provisions of § 1.367(d)–1(g)(4). rules of paragraph (h) of that section, necessary to protect persons and vessels provide information supporting the (d)(1)(viii) through (d)(2) [Reserved]. from potential safety hazards associated claimed application of such exception. For further guidance, see § 1.6038B– with fireworks displays on or over (vi) Certain ineligible property. 1T(d)(1)(viii) through (2). navigable waterways. Entry into these Describe any property that is described * * * * * zones is prohibited unless specifically in § 1.367(a)–2(c) and that therefore authorized by the Captain of the Port cannot qualify under § 1.367(a)–2(a)(2) (g) Effective/applicability dates. (1) New Orleans or a designated regardless of its use in the active Except as provided in paragraphs (g)(2) representative. through (g)(7) of this section, this conduct of a trade or business outside DATES: Comments and related material section applies to transfers occurring on of the United States. The description must be received by the Coast Guard on or after July 20, 1998, except for must be divided into the relevant or before October 1, 2015. transfers of cash made in tax years categories, as follows: ADDRESSES: You may submit comments beginning on or before February 5, 1999 (A) Inventory, etc. Property described identified by docket number using any in § 1.367(a)–2(c)(1); (which are not required to be reported one of the following methods: (B) Installment obligations, etc. under section 6038B), and except for (1) Federal eRulemaking Portal: Property described in § 1.367(a)–2(c)(2); transfers described in paragraph (e) of http://www.regulations.gov. (C) Foreign currency, etc. Property this section, which applies to transfers (2) Fax: 202–493–2251. described in § 1.367(a)–2(c)(3); and that are subject to §§ 1.367(e)–1(f) and (3) Mail or Delivery: Docket (D) Leased property. Property 1.367(e)–2(e). * * * Management Facility (M–30), U.S. described in § 1.367(a)–2(c)(4). * * * * * Department of Transportation, West (vii) Other property that is ineligible Building Ground Floor, Room W12–140, property. Describe any property, other (7) Paragraphs (c)(4)(i) through (vii), 1200 New Jersey Avenue SE., than property described in § 1.367(a)– (c)(5), and (d)(1)(iv) and (vii) of this Washington, DC 20590–0001. Deliveries 2(c), that cannot qualify under section apply to transfers occurring on accepted between 9 a.m. and 5 p.m., § 1.367(a)–2(a)(2) regardless of its use in or after September 14, 2015, and to Monday through Friday, except federal the active conduct of a trade or business transfers occurring before September 14, holidays. The telephone number is 202– outside of the United States and that is 2015, resulting from entity classification 366–9329. See the ‘‘Public Participation not subject to the rules of section 367(d) elections made under § 301.7701–3 that and Request for Comments’’ portion of under § 1.367(a)–1(b)(5). Each item of are filed on or after September 14, 2015. the SUPPLEMENTARY INFORMATION section property must be separately identified. For guidance with respect to paragraphs below for further instructions on (c)(4)(viii) [Reserved]. For further (c)(4), (c)(5), and (d)(1) of this section submitting comments. To avoid guidance, see § 1.6038B–1T(c)(4)(viii). duplication, please use only one of (5) Transfer of foreign branch with before this section is applicable, see these three methods. previously deducted losses. If the §§ 1.6038B–1 and 1.6038B–1T as property transferred is property of a contained in 26 CFR part 1 revised as of FOR FURTHER INFORMATION CONTACT: If foreign branch with previously April 1, 2015. you have questions on this rule, call or email Lieutenant Commander (LCDR) deducted losses subject to §§ 1.367(a)–6 John M. Dalrymple, and –6T, provide the following James Gatz, Sector New Orleans, at (504) Deputy Commissioner for Services and 365–2281 or [email protected]. If information: Enforcement. (i) through (iv) [Reserved]. For further you have questions on viewing or information, see § 1.6038B–1T(c)(5)(i) [FR Doc. 2015–23279 Filed 9–14–15; 11:15 am] submitting material to the docket, call through (iv). BILLING CODE 4830–01–P Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) * * * * * (d)(1) through (1)(iii) [Reserved]. For 366–9826. further guidance, see § 1.6038B–1T(d)(1) SUPPLEMENTARY INFORMATION: through (1)(iii). Table of Acronyms (iv) Intangible property transferred. Provide a description of the intangible BNM Broadcast Notice to Mariners

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55584 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

COTP Captain of the Port the ‘‘SEARCH’’ box and click protect the public, mariners, and vessels DHS Department of Homeland Security ‘‘SEARCH.’’ Click on Open Docket from the hazards associated with a FR Federal Register Folder on the line associated with this barge-based fireworks display on and NPRM Notice of Proposed Rulemaking rulemaking. You may also visit the over the waterway. Docket Management Facility in Room A. Public Participation and Request for D. Discussion of Proposed Rule Comments W12–140 on the ground floor of the Department of Transportation West The Coast Guard proposes two We encourage you to participate in Building, 1200 New Jersey Avenue SE., temporary safety zones on the Lower this rulemaking by submitting Washington, DC 20590, between 9 a.m. Mississippi River, for a duration of one comments and related materials. All and 5 p.m., Monday through Friday, hour each during the evenings of comments received will be posted except Federal holidays. October 10 and 22, 2015. The safety without change to http:// zones will include the entire width of www.regulations.gov and will include 3. Privacy Act the Lower Mississippi River in New any personal information you have Anyone can search the electronic Orleans, LA from mile marker 95.7 to provided. form of comments received into any of mile marker 96.7 AHP. Entry into this 1. Submitting Comments our dockets by the name of the zone is prohibited unless permission individual submitting the comment (or has been granted by the COTP New If you submit a comment, please signing the comment, if submitted on Orleans, or a designated representative. include the docket number for this behalf of an association, business, labor The COTP New Orleans will inform rulemaking, indicate the specific section union, etc.). You may review a Privacy the public through BNMs of the of this document to which each Act notice regarding our public dockets enforcement period for the safety zone comment applies, and provide a reason in the January 17, 2008, issue of the as well as any changes in the planned for each suggestion or recommendation. Federal Register (73 FR 3316). schedule. Mariners and other members You may submit your comments and of the public may also contact Coast material online at http:// 4. Public Meeting Guard Sector New Orleans Command www.regulations.gov, or by fax, mail, or We do not now plan to hold a public Center to inquire about the status of the hand delivery, but please use only one meeting. But you may submit a request safety zone, at (504) 365–2200. of these means. If you submit a for one, using one of the methods comment online, it will be considered specified under ADDRESSES. Please E. Regulatory Analyses received by the Coast Guard when you explain why you believe a public We developed this proposed rule after successfully transmit the comment. If meeting would be beneficial. If we considering numerous statutes and you fax, hand deliver, or mail your determine that one would aid this executive orders related to rulemaking. comment, it will be considered as rulemaking, we will hold one at a time Below we summarize our analyses having been received by the Coast and place announced by a later notice based on a number of these statutes or Guard when it is received at the Docket in the Federal Register. executive orders. Management Facility. We recommend 1. Regulatory Planning and Review that you include your name and a B. Regulatory History and Information mailing address, an email address, or a There is no regulatory history or This proposed rule is not a significant telephone number in the body of your information related to this newly regulatory action under section 3(f) of document so that we can contact you if proposed temporary safety zone. Executive Order 12866, Regulatory Planning and Review, as supplemented we have questions regarding your C. Basis and Purpose submission. by Executive Order 13563, Improving To submit your comment online, go to The legal basis for this proposed rule Regulation and Regulatory Review, and http://www.regulations.gov, type the is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR does not require an assessment of docket number [USCG–2015–0677] in 1.05–1; 6.04–1, 6.04–6, and 160.5; and potential costs and benefits under the ‘‘SEARCH’’ box and click Department of Homeland Security section 6(a)(3) of Executive Order 12866 ‘‘SEARCH.’’ Click on ‘‘Submit a Delegation No. 0170.1, which or under section 1 of Executive Order Comment’’ on the line associated with collectively authorize the Coast Guard 13563. The Office of Management and this rulemaking. to establish and define safety zones. Budget has not reviewed it under those If you submit your comments by mail AFX Pro, a company specializing in Orders. This safety zone will only or hand delivery, submit them in an firework displays, informed the Coast restrict navigation on the Lower unbound format, no larger than 81⁄2 by Guard of two fireworks displays Mississippi River from MM 95.7 to MM 11 inches, suitable for copying and planned for October 2015. Mardi Gras 96.7 AHP, for approximately one hour electronic filing. If you submit World is hosting a private wedding with on October 10, 2015 and one hour on comments by mail and would like to a fireworks display on October 10, 2015, October 22, 2015. Due to the limited know that they reached the Facility, and the Bridgestone Tire Company is scope and short duration of the safety please enclose a stamped, self-addressed sponsoring a fireworks display on zones, the impacts on routine navigation postcard or envelope. We will consider October 22, 2015. The fireworks are expected to be minimal. all comments and material received displays on both dates will be launched 2. Impact on Small Entities during the comment period and may from a barge positioned in the waterway change the rule based on your adjacent to Mardi Gras World, an event The Regulatory Flexibility Act of 1980 comments. venue located at MM 96.2 AHP on the (RFA), 5 U.S.C. 601–612, as amended, Lower Mississippi River, in a high requires federal agencies to consider the 2. Viewing Comments and Documents commercial traffic area near a tight river potential impact of regulations on small To view comments, as well as bend. Therefore, the Coast Guard has entities during rulemaking. The term documents mentioned in this preamble determined that a safety zone is needed ‘‘small entities’’ comprises small as being available in the docket, go to to ensure safe navigation for all those in businesses, not-for-profit organizations http://www.regulations.gov, type the the vicinity of these fireworks displays. that are independently owned and docket number (USCG–2015–0677) in These safety zones are proposed to operated and are not dominant in their

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55585

fields, and governmental jurisdictions Order and determined that this Indian tribes, or on the distribution of with populations of less than 50,000. rulemaking does not have implications power and responsibilities between the This rule may affect the following for federalism. Federal Government and Indian tribes. entities, some of which might be small entities: The owners or operators of 6. Protest Activities 12. Energy Effects vessels intending to transit the safety The Coast Guard respects the First This proposed rule is not a zone area during the periods of Amendment rights of protesters. ‘‘significant energy action’’ under enforcement. The safety zones will not Protesters are asked to contact the Executive Order 13211, Actions have a significant economic impact on person listed in the ‘‘For Further Concerning Regulations That a substantial number of small entities Information Contact’’ section to Significantly Affect Energy Supply, because they are limited in scope and coordinate protest activities so that your Distribution, or Use. will be in effect for a short period of message can be received without 13. Technical Standards time. Before the enforcement periods, jeopardizing the safety or security of the Coast Guard COTP will issue people, places or vessels. This proposed rule does not use technical standards. Therefore, we did maritime advisories widely available to 7. Unfunded Mandates Reform Act waterway users. Deviation from the not consider the use of voluntary safety zone established through this The Unfunded Mandates Reform Act consensus standards. rulemaking may be requested from the of 1995 (2 U.S.C. 1531–1538) requires 14. Environment appropriate COTP and requests will be Federal agencies to assess the effects of We have analyzed this proposed rule considered on a case-by-case basis. their discretionary regulatory actions. In Therefore, the Coast Guard certifies particular, the Act addresses actions under Department of Homeland under 5 U.S.C. 605(b) that this proposed that may result in the expenditure by a Security Management Directive 023–01 rule will not have a significant State, local, or tribal government, in the and Commandant Instruction economic impact on a substantial aggregate, or by the private sector of M16475.lD, which guide the Coast number of small entities. $100,000,000 (adjusted for inflation) or Guard in complying with the National If you think that your business, more in any one year. Though this Environmental Policy Act of 1969 organization, or governmental proposed rule would not result in such (NEPA) (42 U.S.C. 4321–4370f), and jurisdiction qualifies as a small entity an expenditure, we do discuss the have made a preliminary determination and that this rule would have a effects of this rule elsewhere in this that this action is one of a category of significant economic impact on it, preamble. actions that do not individually or please submit a comment (see cumulatively have a significant effect on 8. Taking of Private Property ADDRESSES) explaining why you think it the human environment. This proposed qualifies and how and to what degree This proposed rule would not cause a rule involves establishing a temporary this rule would economically affect it. taking of private property or otherwise safety zone for all waters of the Lower have taking implications under Mississippi River from MM 95.7 to MM 3. Assistance for Small Entities Executive Order 12630, Governmental 96.7 AHP. This proposed rule is Under section 213(a) of the Small Actions and Interference with categorically excluded under section Business Regulatory Enforcement Constitutionally Protected Property 2.B.2, figure 2–1, paragraph (34)(g) of Fairness Act of 1996 (Pub. L. 104–121), Rights. the Instruction because it involves we want to assist small entities in establishment of safety zones. An 9. Civil Justice Reform understanding this proposed rule. If the Environmental analysis and a rule would affect your small business, This proposed rule meets applicable categorical exclusion determination will organization, or governmental standards in sections 3(a) and 3(b)(2) of be made available in the docket as jurisdiction and you have questions Executive Order 12988, Civil Justice indicated under ADDRESSES. We seek concerning its provisions or options for Reform, to minimize litigation, any comments or information that may compliance, please contact the person eliminate ambiguity, and reduce lead to the discovery of a significant listed in the FOR FURTHER INFORMATION burden. environmental impact from this proposed rule. CONTACT, above. The Coast Guard will 10. Protection of Children From not retaliate against small entities that Environmental Health Risks List of Subjects in 33 CFR Part 165 question or complain about this proposed rule or any policy or action of We have analyzed this proposed rule Marine safety, Navigation (water), the Coast Guard. under Executive Order 13045, Reporting and recordkeeping Protection of Children from requirements, Security measures, 4. Collection of Information Environmental Health Risks and Safety Waterways. This proposed rule will not call for a Risks. This rule is not an economically For the reasons discussed in the new collection of information under the significant rule and would not create an preamble, the Coast Guard proposes to Paperwork Reduction Act of 1995 (44 environmental risk to health or risk to amend 33 CFR part 165 as follows: U.S.C. 3501–3520.). safety that might disproportionately affect children. PART 165—REGULATED NAVIGATION 5. Federalism AREAS AND LIMITED ACCESS AREAS A rule has implications for federalism 11. Indian Tribal Governments under Executive Order 13132, This proposed rule does not have ■ 1. The authority citation for part 165 Federalism, if it has a substantial direct tribal implications under Executive continues to read as follows: effect on the States, on the relationship Order 13175, Consultation and Authority: 33 U.S.C. 1231; 50 U.S.C. 191; between the national government and Coordination with Indian Tribal 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; the States, or on the distribution of Governments, because it would not have Department of Homeland Security Delegation power and responsibilities among the a substantial direct effect on one or No. 0170.1. various levels of government. We have more Indian tribes, on the relationship ■ 2. Add § 165.T08–0677 to subpart F analyzed this proposed rule under that between the Federal Government and under the undesignated center heading

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55586 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

Eighth Coast Guard District to read as ENVIRONMENTAL PROTECTION relevant adverse comments, the direct follows: AGENCY final rule will be withdrawn and all public comments received will be § 165.T08–0677 Safety Zones; Lower 40 CFR Part 52 addressed in a subsequent final rule Mississippi River Miles 95.7 to 96.7; New based on this proposed action. EPA will Orleans, LA [EPA–R07–OAR–2015–0520; FRL–9933–99– Region 7] not institute a second comment period (a) Location. The following area is a on this action. Any parties interested in safety zone: All waters of the Lower Approval and Promulgation of Air commenting on this action should do so Mississippi River from mile marker 95.7 Quality Implementation Plans; State of at this time. Please note that if EPA to mile marker 96.7 Above Head of Missouri; Control of NOX Emissions receives adverse comment on part of Passes, New Orleans, LA. From Large Stationary Internal this rule and if that part can be severed Combustion Engines from the remainder of the rule, EPA may (b) Effective date and enforcement adopt as final those parts of the rule that AGENCY: period. This rule is effective and Environmental Protection are not the subject of an adverse enforceable with actual notice on Agency (EPA). comment. For additional information, October 10, 2015 and on October 22, ACTION: Proposed rule. see the direct final rule which is located 2015, for one hour in the evening of in the rules section of this Federal each date. SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve Register. (c) Regulations. (1) In accordance with revisions to the State Implementation List of Subjects in 40 CFR Part 52 the general regulations in § 165.23 of Plan (SIP) for the State of Missouri Environmental protection, Air this part, entry into this zone is submitted on October 17, 2013. These pollution control, Incorporation by prohibited unless specifically revisions remove definitions that were reference, Intergovernmental relations, authorized by the Captain of the Port in this rule but have been moved to the Ozone, Reporting and recordkeeping (COTP) New Orleans or designated state’s general definitions rule. The requirements. personnel. Designated personnel revisions also add text and corrects a include commissioned, warrant and wording error found in the rule. EPA’s Dated: September 3, 2015. petty officers of the U.S. Coast Guard approval of these rule revisions is being Becky Weber, assigned to units under the operational done in accordance with the Acting Regional Administrator, Region 7. control of USCG Sector New Orleans. requirements of the Clean Air Act [FR Doc. 2015–23177 Filed 9–15–15; 8:45 am] For this rule the COTP’s designated (CAA). BILLING CODE 6560–50–P representative is Vessel Traffic Service DATES: Comments on this proposed Lower Mississippi River. action must be received in writing by October 16, 2015. ENVIRONMENTAL PROTECTION (2) Vessels requiring deviation from AGENCY this rule must request permission from ADDRESSES: Submit your comments, the COTP New Orleans or a COTP New identified by Docket ID No. EPA–R07– 40 CFR Part 62 Orleans designated representative. They OAR–2015–0520, by mail to Lachala Kemp, Environmental Protection [EPA–R07–OAR–2015–0543; FRL–9933–94– may be contacted on VHF–FM Channel Region 7] 16 or 67, or through Vessel Traffic Agency, Air Planning and Development Service Lower Mississippi River at 504– Branch, 11201 Renner Boulevard, Approval and Promulgation of Air 365–2415. Lenexa, Kansas 66219. Comments may Quality Implementation Plans for also be submitted electronically or (3) Persons and vessels permitted to Designated Facilities and Pollutants; through hand delivery/courier by Missouri; Sewage Sludge Incinerators deviate from this safety zone regulation following the detailed instructions in and enter the restricted area must transit the ADDRESSES section of the direct final AGENCY: Environmental Protection at the slowest safe speed and comply rule located in the rules section of this Agency (EPA). with all lawful directions issued by the Federal Register. ACTION: Proposed rule. COTP New Orleans or the designated FOR FURTHER INFORMATION CONTACT: representative. Lachala Kemp, Environmental SUMMARY: The Environmental Protection (d) Information broadcasts. The COTP Protection Agency, Air Planning and Agency (EPA) proposes to approve New Orleans or a COTP New Orleans Development Branch, 11201 Renner revisions to the state plan for designated designated representative will inform Boulevard, Lenexa, Kansas 66219 at facilities and pollutants developed the public through broadcast notices to (913) 551–7214 or by email at under sections 111(d) and 129 of the Clean Air Act for the State of Missouri. mariners of the enforcement period for [email protected]. This proposed rule will amend the state the safety zone as well as any changes SUPPLEMENTARY INFORMATION: In the plan to include a new plan and in the planned schedule. final rules section of this Federal Register, EPA is approving the state’s associated rule implementing emission Dated: August 14, 2015. SIP revision as a direct final rule guidelines for Sewage Sludge P.C. Schifflin, without prior proposal because the Incinerators published in the Federal Captain, U.S. Coast Guard, Captain of the Agency views this as a noncontroversial Register on March 21, 2011. Port New Orleans. revision amendment and anticipates no DATES: Comments on this proposed [FR Doc. 2015–23264 Filed 9–15–15; 8:45 am] relevant adverse comments to this action must be received in writing by BILLING CODE 9110–04–P action. A detailed rationale for the October 16, 2015. approval is set forth in the direct final ADDRESSES: Submit your comments, rule. If no relevant adverse comments identified by Docket ID No. EPA–R07– are received in response to this action, OAR–2015–0543, by mail to Paula no further activity is contemplated in Higbee, Environmental Protection relation to this action. If EPA receives Agency, Air Planning and Development

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules 55587

Branch, 11201 Renner Boulevard, revision amendment and anticipates no adopt as final those parts of the rule that Lenexa, Kansas 66219. Comments may relevant adverse comments to this are not the subject of an adverse also be submitted electronically or action. A detailed rationale for the comment. For additional information, through hand delivery/courier by approval is set forth in the direct final see the direct final rule which is located following the detailed instructions in rule. If no relevant adverse comments in the rules section of this Federal the ADDRESSES section of the direct final are received in response to this action, Register. rule located in the rules section of this no further activity is contemplated in List of Subjects in 40 CFR Part 62 Federal Register. relation to this action. If EPA receives FOR FURTHER INFORMATION CONTACT: relevant adverse comments, the direct Environmental protection, Air Paula Higbee, Environmental Protection final rule will be withdrawn and all pollution control, Administrative Agency, Air Planning and Development public comments received will be practice and procedure, Branch, 11201 Renner Boulevard, addressed in a subsequent final rule Intergovernmental relations, Reporting Lenexa, Kansas 66219 at 913–551–7028 based on this proposed action. EPA will and recordkeeping requirements, or by email at [email protected]. not institute a second comment period Sewage sludge incinerators. SUPPLEMENTARY INFORMATION: In the on this action. Any parties interested in Dated: September 3, 2015. final rules section of this Federal commenting on this action should do so Register, EPA is approving the state’s at this time. Please note that if EPA Becky Weber, SIP revision as a direct final rule receives adverse comment on part of Acting Regional Administrator, Region 7. without prior proposal because the this rule and if that part can be severed [FR Doc. 2015–23292 Filed 9–15–15; 8:45 am] Agency views this as a noncontroversial from the remainder of the rule, EPA may BILLING CODE 6560–50–P

VerDate Sep<11>2014 17:11 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4702 Sfmt 9990 E:\FR\FM\16SEP1.SGM 16SEP1 asabaliauskas on DSK7TPTVN1PROD with PROPOSALS 55588

Notices Federal Register Vol. 80, No. 179

Wednesday, September 16, 2015

This section of the FEDERAL REGISTER www.regulations.gov/ identification numbers of animals. The contains documents other than rules or #!docketDetail;D=APHIS-2011-0057 or system contains several modules or proposed rules that are applicable to the in our reading room, which is located in components that maintain information public. Notices of hearings and investigations, room 1141 of the USDA South Building, to support APHIS’ ability to respond to committee meetings, agency decisions and 14th Street and Independence Avenue animal health events. One component rulings, delegations of authority, filing of petitions and applications and agency SW., Washington, DC. Normal reading pertains to the location where livestock statements of organization and functions are room hours are 8 a.m. to 4:30 p.m., are raised or maintained. This examples of documents appearing in this Monday through Friday, except component, the Standardized Premises section. holidays. To be sure someone is there to Identification System (SPIS), is made help you, please call (202) 799–7039 available by APHIS at no cost to States before coming. and Tribes that wish to use it to manage DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Mr. information about livestock and Neil Hammerschmidt, Program locations where livestock are kept as Animal and Plant Health Inspection Manager, Animal Disease Traceability, part of their own animal disease Service VS, APHIS, 4700 River Road Unit 46, traceability programs. The SPIS [Docket No. APHIS–2011–0057] Riverdale, MD 20737–1231; (240) 463– maintains the address of each location 0098. that was issued a premises Privacy Act Systems of Records; SUPPLEMENTARY INFORMATION: The identification number (PIN) to help Animal Disease Traceability Privacy Act of 1974, as amended (5 avoid the issuance of multiple PINs to Information System U.S.C. 552a), requires agencies to the same location. Other modules of the publish in the Federal Register notice of ADTIS maintain records of approved AGENCY: Animal and Plant Health manufacturers of official identification Inspection Service, USDA. new or revised systems of records maintained by the agency. A system of devices and their distribution to ACTION: Notice of a proposed new records is a group of any records under premises. system of records. the control of any agency, from which APHIS will maintain the information system. Premises data in the SPIS will SUMMARY: The Animal and Plant Health information is retrieved by the name of an individual or by some identifying be segregated by State or Tribe and Inspection Service proposes to add a managed by each State or Tribe that system of records to its inventory of number, symbol, or other identifying particular assigned to an individual. elects to use the system. States and records systems subject to the Privacy Tribes will collect the information from Act of 1974, as amended. The system of The Animal and Plant Health Inspection Service (APHIS) of the U.S. the individuals, or the individuals, if records is the Animal Disease authorized users of the system, could Traceability Information System, Department of Agriculture (USDA) is proposing to add a new system of enter the information directly. USDA–APHIS–16. This notice is Data may include personally necessary to meet the requirements of records, entitled Animal Disease Traceability Information System identifiable information on individuals the Privacy Act to publish in the associated with a particular location Federal Register notice of the existence (ADTIS), to maintain records of activities conducted pursuant to APHIS’ where animals are managed (e.g., raised, and character of record systems marketed, assembled, exhibited, treated, maintained by the agency. mission and responsibilities authorized by the Animal Health Protection Act (7 or processed) and on individuals who DATES: Effective Date: This system will U.S.C. 8301 et seq.). use or provide data for the system but be adopted without further notice on APHIS, in cooperation with States, do not manage or hold livestock (non- October 26, 2015 unless modified to Tribes, and producers, safeguards U.S. producer participants), such as APHIS respond to comments received from the animal health through a variety of and State animal health officials, tag public and published in a subsequent activities, including disease control. manufacturers, service providers, and notice. One important part of disease control is veterinarians. This information may Comment Date: Comments must be locating animals that may be infected include the individual’s name, address received, in writing, on or before with or exposed to disease. Animal or comparable location information, October 16, 2015. traceability efforts typically rely on telephone number(s), email address, and ADDRESSES: You may submit comments identification of animals and premises or non-producer participant by either of the following methods: identification of locations where identification number. Individuals who • Federal eRulemaking Portal: Go to animals are managed. While APHIS has have access to the SPIS will be able to http://www.regulations.gov/ some animal traceability requirements see only their own information and not #!docketDetail;D=APHIS-2011-0057. for livestock moved interstate, States that of other users. States and Tribes • Postal Mail/Commercial Delivery: and Tribes may have their own methods will only have access to premises Send your comment to Docket No. or systems for tracing animals moved information associated with their own APHIS–2011–0057, Regulatory Analysis into, within, or from their respective States or Tribes. Routine uses of records and Development, PPD, APHIS, Station jurisdictions. are maintained in the system, including 3A–03.8, 4700 River Road Unit 118, The ADTIS is an information categories of users and the purposes of Riverdale, MD 20737–1238. management system that APHIS utilizes such uses. Supporting documents and any to maintain records of official APHIS may routinely share records comments we receive on this docket identification devices and other with Federal, State, and Tribal animal may be viewed at http:// information associated with official health officials to contain and respond

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55589

to a foreign animal disease event, CATEGORIES OF RECORDS IN THE SYSTEM: systems or programs (whether bioterrorism, or other animal health Records may include some or all of maintained by the agency or another event. APHIS may also share records the following information: Name; street agency or entity) that rely upon the with Federal and State animal health address of premises or business, compromised information; and the officials within the system to obtain including city, State, and postal code; disclosure made to such agencies, feedback regarding the ADTIS and latitude/longitude coordinates or global entities, and persons is reasonably emergency preparedness guidelines, to positioning system coordinates of the necessary to assist in connection with educate and involve them in program premises; telephone number(s); email the agency’s efforts to respond to the development, program requirements, address; type of operation (e.g., suspect, or confirmed, compromise and and standards of conduct, and to production, market, exhibition, or prevent, minimize, or remedy such validate information. Other routine uses slaughter plant); premises identification harm; of records include releases to numbers; non-producer participant (3) To the appropriate agency, appropriate agencies for investigations numbers; and business internet address. whether Federal, State, local, Tribal, or pertaining to violations of law or related foreign, charged with responsibility of to litigation. A complete listing of the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: investigating or prosecuting a violation routine uses of records maintained in The authority for maintenance of this of law or of enforcing, implementing, or this system is included in the document system is the Animal Health Protection complying with a statute, rule, published with this notice. Act (7 U.S.C. 8301 et seq.). regulation, or order issued pursuant thereto, of any record within this system Report on a New System of Records PURPOSE(S): when information available indicates a A report on the new system of The ADTIS is an information violation or potential violation of law, records, required by 5 U.S.C. 552a(r), as management system that the Animal whether civil, criminal, or regulatory in implemented by Office of Management and Plant Health Inspection Service nature, and either arising by general and Budget Circular A–130, was sent to (APHIS) utilizes to maintain records of statute or particular program statute, or the Chairman, Committee on Homeland official identification devices and other by rule, regulation, or court order issued Security and Governmental Affairs, events associated with official pursuant thereto; United States Senate; the Chairman, identification numbers of animals. The (4) To the Department of Justice when Committee on Oversight and premises identification component is the agency, or any component thereof, Government Reform, House of made available at no cost to States and or any employee of the agency in his or Representatives; and the Administrator, Tribes that wish to use it to manage her official capacity, or any employee of Office of Information and Regulatory information about locations where the agency in his or her individual Affairs, Office of Management and livestock are managed as part of their capacity where the Department of Justice has agreed to represent the Budget. own animal disease traceability programs. States and Tribes will collect employee, or the United States, in Done in Washington, DC, this 31st day of the information from the individuals, or litigation, where the agency determines August 2015. the individuals, if authorized users of that litigation is likely to affect the Kevin Shea, the system, may enter the information agency or any of its components, is a Administrator, Animal and Plant Health directly. States and Tribes will only party to litigation or has an interest in Inspection Service. have access to premises information such litigation, and the use of such System name: associated with their States or Tribes. records by the Department of Justice is deemed by the agency to be relevant and Animal Disease Traceability ROUTINE USES OF RECORDS MAINTAINED IN THE necessary to the litigation; provided, Information System (ADTIS), USDA– SYSTEM, INCLUDING CATEGORIES OF USERS AND however, that in each case, the agency APHIS–16. THE PURPOSES OF SUCH USES: determines that disclosure of the In addition to those disclosures records to the Department of Justice is SECURITY CLASSIFICATION: generally permitted under 5 U.S.C. a use of the information contained in None. 552a(b) of the Privacy Act, records the records that is compatible with the maintained in the system may be purpose for which the records were SYSTEM LOCATION: disclosed outside USDA as follows: collected; All components of the ADTIS are (1) As authorized by 7 U.S.C. 8791 (5) For use in a proceeding before a hosted and operated at two U.S. and any amendments thereto, to court or adjudicative body before which Department of Agriculture (USDA) Federal, State, local, and Tribal the agency is authorized to appear, Enterprise Data Centers, the National government animal health officials and when the agency, or any component Information Technology Centers in to veterinarians accredited by APHIS to thereof, or any employee of the agency Kansas City, MO, and Beltsville, MD. perform work for the agency; in his or her official capacity, or any (2) To the extent that disclosure will employee of the agency in his or her CATEGORIES OF INDIVIDUALS COVERED BY THE not violate 7 U.S.C. 8791 and any individual capacity where the agency SYSTEM: amendments thereto, to appropriate has agreed to represent the employee, or Individuals who are the contact agencies, entities, and persons when the the United States, where the agency persons for locations where animals are agency suspects or has confirmed that determines that litigation is likely to managed (i.e., raised, marketed, the security or confidentiality of affect the agency or any of its assembled, exhibited, treated, information in the system of records has components, is a party to litigation or processed, etc.) and other individuals been compromised; the agency has has an interest in such litigation, and who use or provide data for the system determined that as a result of the the agency determines that use of such but do not manage or hold livestock suspected or confirmed compromise, records is relevant and necessary to the (non-producer participants), such as there is a risk of harm to economic or litigation; provided, however, that in APHIS and State animal health officials, property interests, a risk of identity theft each case, the agency determines that tag manufacturers, service providers, or fraud, or a risk of harm to the security disclosure of the records to the court is and veterinarians. of integrity of this system or other a use of the information contained in

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55590 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

the records that is compatible with the SYSTEM MANAGER(S) AND ADDRESS: DEPARTMENT OF AGRICULTURE purpose for which the records were Program Manager, Animal Disease Forest Service collected; Traceability, VS, APHIS, 4700 River (6) To USDA contractors, partner Road Unit 46, Riverdale, MD 20737– Sequoia National Forest, California; agency employees or contractors, or 1231; (301) 851–3539. private industry employed to identify Summit Fuels Reduction and Forest Health Project patterns, trends, or anomalies indicative NOTIFICATION PROCEDURE: of fraud, waste, or abuse. Such AGENCY: Forest Service, USDA. contractors and other parties are bound Any individual may request general ACTION: Notice of intent to prepare an by the nondisclosure provisions of the information regarding this system of environmental impact statement. Privacy Act; and records or information as to whether the (7) To the National Archives and system contains records pertaining to SUMMARY: The Sequoia National Forest Records Administration or to the him/her from the system manager at the (SQF) is planning to prepare an General Services Administration for address above. All inquiries pertaining environmental impact statement (EIS) to records management inspections to this system should be in writing, document and publicly disclose the conducted under 44 U.S.C. 2904 and must name the system of records as set environmental effects of implementing a 2906. forth in the system notice, and must fuels reduction and forest health project contain the individual’s name, within a 10,600 acre project analysis DISCLOSURE TO CONSUMER REPORTING telephone number, address, and email area. The Summit Fuels Reduction and AGENCIES: address. Forest Health Project (Summit Project) None. will encourage a healthy and diverse RECORD ACCESS PROCEDURES: forest ecosystem that is more resilient to POLICIES AND PRACTICES FOR STORING, the effects of wildfire, drought, disease, RETRIEVING, ACCESSING, RETAINING, AND Any individual may obtain and other disturbances. The Summit DISPOSING OF RECORDS IN THE SYSTEM: information from a record in the system Project is located in the wildland-urban STORAGE: that pertains to him or her. Requests for intermix (WUI) of the Greenhorn hard copies of records should be in The electronic master data for the Mountains on the Kern River Ranger writing, and the request must contain ADTIS are stored on USDA servers in District of Sequoia National Forest, the requesting individual’s name, secure facilities at two separate surrounding the Alta Sierra community locations. This redundancy ensures address, name of the system of records, in Kern County, California. The Summit around-the-clock operations. All servers timeframe for the records in question, Project is located in Township 25 South, for the ADTIS are backed up nightly. any other pertinent information to help Ranges 31 and 32 East, Mount Diablo Backup media is taken weekly to an identify the file, and a copy of his/her Base and Meridian. offsite storage facility and stored on photo identification containing a DATES: Comments concerning the scope tape. current address for verification of of the analysis must be received by identification. All inquiries should be September 16, 2015. The draft RETRIEVABILITY: addressed to the Freedom of environmental impact statement is Data can be retrieved by identification Information and Privacy Act Staff, expected January 2016 and the final number assigned to premises, premises Legislative and Public Affairs, APHIS, environmental impact statement is address, and name of contact person for 4700 River Road Unit 50, Riverdale, MD expected June 2016. the premises if provided by the State or 20737–1232. ADDRESSES: Send written comments to Tribe, name of non-producer Kern River Ranger District, Attention: participant, non-producer participant CONTESTING RECORD PROCEDURES: Summit Comments, P.O. Box 9, number, and official animal Any individual may contest Kernville, CA 93238. Comments may also be sent via email to comments- identification numbers. information contained within a record [email protected], or in the system that pertains to him/her SAFEGUARDS: via facsimile to (760) 376–3795. by submitting a written request to the The electronic master data for the system manager at the address above. FOR FURTHER INFORMATION CONTACT: ADTIS is stored on USDA servers in Include the reason for contesting the Steve Anderson, Kern River Ranger secure facilities. The computer room has record and the proposed amendment to District, P.O. Box 9 (105 Whitney Road), safeguards that limit physical access. Kernville, CA 93238 at 760–376–3781. the information with supporting Access to data is limited to users who Individuals who use have Level 2 eAuthentication documentation to show how the record telecommunication devices for the deaf credentials and/or database is inaccurate. (TDD) may call the Federal Information authentication. User roles further limit Rely Service (FIRS) at 1–800–877–8339 RECORD SOURCE CATEGORIES: access to data, and the application between 8 a.m. and 8 p.m. Eastern Time, contains security measures to prevent Information in the ADTIS comes from Monday through Friday. access to unauthorized information. members of the public, either SUPPLEMENTARY INFORMATION: USDA monitors eAuthentication access individuals or businesses, involved in Purpose and Need for Action to ensure authorized and appropriate or supporting the production, use of data. management, or holding of livestock or The purpose of the project is to poultry. provide defensible space around the RETENTION AND DISPOSAL: community of Alta Sierra and nearby APHIS will maintain records in the EXEMPTIONS CLAIMED FOR THE SYSTEM: structures, improve forest health and system indefinitely while the records provide for ecological restoration. There schedule is awaiting approval. The None. is a need to reduce fuels to protect the qualifier is supported under 36 CFR [FR Doc. 2015–23255 Filed 9–15–15; 8:45 am] private properties of the Alta Sierra 120.18. BILLING CODE 3410–34–P community and adjacent forest special

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55591

uses including the recreation residence chipping or other fuels treatments. the public who have commented during tracts of El Monte, Greenhorn Summit, Treatments will vary based on slopes, opportunities for public participation to Kern Park, Shirley Meadows, Slick ground conditions, access and other have any unresolved concerns receive Rock, and Weeping Springs; the Shirley factors. Prescribed fire would be an independent review by the Forest Meadow ski resort; communication introduced within the project analysis Service prior to a final decision being facilities at Cooks Peak; and power area to reduce surface fuels and promote made by the responsible official. Only transmission lines; as well as protecting natural regeneration. Areas selected for those who provided specific written the forest and wildlife habitat from thinning or mastication would favor comments during opportunities for large-scale, severe wildfire effects. Fuels Jeffrey and sugar pines, oak, and other public comment are eligible to file an reduction will provide forest and fuel shade intolerant, fire and drought objection. structure that allows for safe use of tolerant species, to restore the historic It is important that reviewers provide managed fire for resource benefit and species composition. Large snags and their comments at such times and in forest health; and reduce the risks to woody debris would be strategically such manner that they are useful to the firefighting personnel and the public. retained for wildlife habitat. Riparian agency’s preparation of the There is a need to restore the forest areas and meadows would be protected. environmental impact statement. ecosystem by accelerating development Implementation would begin after Therefore, comments should be of mature forest conditions including completion of the environmental review provided prior to the close of the large tree forest structure; by re- process, estimated in 2016, and would comment period and should clearly introducing a fire regime that can be be completed over a 5–10 year period. articulate the reviewer’s concerns and safely managed; by improving wildlife contentions. habitat; shifting tree species Possible Alternatives composition towards historic fire-and In addition to the proposed action, the Comments received in response to drought-adapted oak and pine EIS will evaluate a no action alternative. this solicitation, including the names dominance while reducing fire- and An alternative will be developed that and addresses of those who comment, drought-intolerant fir and cedar; and applies only non-commercial treatments will be part of the public record on this changing stand structure to restore to achieve the purpose and need. The proposed action. Comments submitted natural heterogeneity and resilience to Draft Interim Recommendations for the anonymously will be accepted and disturbance events. Sustained yield of Management of California Spotted Owl considered, however anonymous timber and other forest by products Habitat on National Forest System comments will not provide the Agency remains as part of the multiple-use Lands 29 May 2015 will be included with the ability to provide the mission of the Forest Service. However, and analyzed in an alternative as well. respondent with subsequent fuels reduction, ecological restoration Other alternatives may be identified environmental documents. and movement toward the desired through the interdisciplinary process Dated: September 9, 2015. conditions identified in the Sierra and public participation. Alfred W. Watson, Nevada Forest Plan Amendment are the District Ranger. driving influences that will dictate the Responsible Official end result, with an emphasis on ‘‘what The responsible official is Alfred W. [FR Doc. 2015–23236 Filed 9–15–15; 8:45 am] is left behind’’ rather than ‘‘what is Watson, District Ranger, Sequoia BILLING CODE 3410–11–P taken.’’ Timber harvest may be used as National Forest, P.O. Box 9, Kernville, a tool to improve efficiency and reduce CA 93238. DEPARTMENT OF AGRICULTURE overall costs while moving the forest Nature of Decision To Be Made toward the desired conditions. Forest Service The responsible official will decide Proposed Action whether to adopt and implement the Shasta County Resource Advisory The proposed action will create proposed action, an alternative to the Committee defensible space near communities in proposed action, or take no action with the WUI defense zones; establish and respect to the Summit Fuels Reduction AGENCY: Forest Service, USDA. maintain a pattern of area treatments and Forest Health Project. that can be effective in modifying wild ACTION: Notice of meeting. fire behavior in the WUI threat zones; Scoping Process and result in economically efficient This Notice of Intent initiates the SUMMARY: The Shasta County Resource treatments to reduce hazardous fuels. scoping process which guides the Advisory Committee (RAC) will meet in The Summit Project proposes a development of the EIS. A public Redding, California. The committee is combination of prescribed fire, hand or scoping meeting will be held on authorized under the Secure Rural mechanical thinning to reduce ladder Saturday, October 3, 2015 starting at 10 Schools and Community Self- fuels and the potential for crown fire a.m. at Greenhorn Mountains County Determination Act (the Act) and while increasing forest resilience. Park on Old State Road in Alta Sierra. operates in compliance with the Federal Thinning may include commercial Detailed information on the meeting and Advisory Committee Act. The purpose timber harvest within the 2,500 acre proposed action, including maps, are of the committee is to improve proposed treatment areas. It is expected available on the forest Web site at: collaborative relationships and to that the timber sale volume would be http://www.fs.usda.gov/project/ provide advice and recommendations to less than 5,000 CCF. The proposed ?project=45951. This project is included the Forest Service concerning projects treatment areas include salvage harvest in the Sequoia National Forest’s and funding consistent with Title II of of hazard trees of any size as well as quarterly schedule of proposed actions the Act. Additional RAC information, dead and dying trees; commercial (SOPA). including the meeting agenda and the harvest, using ground skidding, skyline This project will follow the objection meeting summary/minutes can be found or helicopter yarding of trees smaller procedures as directed by 36 CFR 218 at the following Web site: www.fs.usda. than 30 inches diameter at breast height (A) and (B). The objection process gov/main/stnf/workingtogether/advisory (dbh); and hand thinning, mastication, provides an opportunity for members of committees.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55592 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

DATES: The meeting will be held from CONTACT. All reasonable 8339 and providing the Service with the 9:00 a.m. to 3:00 p.m. on October 16, accommodation requests are managed conference call number and conference 2015. on a case by case basis. ID number. All RAC meetings are subject to Dated: September 4, 2015. Member of the public are also invited cancellation. For status of meeting prior David R. Myers, and welcomed to make statements at the to attendance, please contact the person Shasta-Trinity National Forest Supervisor. end of the conference call. In addition, listed under FOR FURTHER INFORMATION members of the public may submit CONTACT. [FR Doc. 2015–23248 Filed 9–15–15; 8:45 am] BILLING CODE 3411–15–P written comments; the comments must ADDRESSES: The meeting will be held at be received in the regional office by USDA Service Center, Shasta-Trinity November 9, 2015. Written comments National Forest Headquarters, 3644 COMMISSION ON CIVIL RIGHTS may be mailed to the Regional Programs Avtech Parkway, Redding, California. Unit, U.S. Commission on Civil Rights, Written comments may be submitted Notice of Public Meeting of the 55 W. Monroe St., Suite 410, Chicago, as described under SUPPLEMENTARY Mississippi Advisory Committee To IL 60615. They may also be faxed to the INFORMATION. All comments, including Vote on Its Advisory Memorandum Commission at (312) 353–8324, or names and addresses when provided, Regarding Civil Rights Concerns emailed to Administrative Assistant, are placed in the record and are Relating to Distribution of Federal Carolyn Allen at [email protected]. available for public inspection and Child Care Subsidies in Mississippi Persons who desire additional copying. The public may inspect information may contact the Regional comments received at USDA Service AGENCY: U.S. Commission on Civil Programs Unit at (312) 353–8311. Center, Shasta-Trinity National Forest Rights. Records and documents discussed Headquarters, 3644 Avtech Parkway, ACTION: Announcement of meeting. Redding, California. Please call ahead to during the meeting will be available for facilitate entry into the building. SUMMARY: Notice is hereby given, public viewing prior to and after the FOR FURTHER INFORMATION CONTACT: pursuant to the provisions of the rules meeting at http://facadatabase.gov/ Lesley Yen, Designated Federal Officer, and regulations of the U.S. Commission committee/meetings.aspx?cid=257 and by phone at 530–275–1587 or via email on Civil Rights (Commission) and the clicking on the ‘‘Meeting Details’’ and at [email protected]. Federal Advisory Committee Act that ‘‘Documents’’ links. Records generated Individuals who use the Mississippi Advisory Committee from this meeting may also be inspected telecommunication devices for the deaf (Committee) will hold a meeting on and reproduced at the Regional (TDD) may call the Federal Information Thursday, October 8, 2015, at 3:00 p.m. Programs Unit, as they become Relay Service (FIRS) at 1–800–877–8339 CDT for the purpose of discussing and available, both before and after the between 8:00 a.m. and 8:00 p.m., voting on an advisory memorandum on meeting. Persons interested in the work Eastern Standard Time, Monday the civil rights concerns relating to of this Committee are directed to the through Friday. potential disparities in the distribution Commission’s Web site, http:// SUPPLEMENTARY INFORMATION: The of federal child care subsidies in www.usccr.gov, or may contact the purpose of the meeting is to: Mississippi on the basis of race or color. Regional Programs Unit at the above 1. Review proposals for Secure Rural The committee previously gathered email or street address. testimony on this topic on April 29, Schools Title II funding, and Agenda 2. Vote on proposals to recommend to 2015, and May 13, 2015. The Committee the Shasta-Trinity National Forest will also discuss and vote on whether to Welcome and Introductions—Susan Supervisor for approval. pursue a project on race and Glisson, Chair The meeting is open to the public. prosecutorial discretion in Mississippi. Discussion and Vote on Childcare The agenda will include time for people This meeting is to serve as a Subsidy Advisory Memorandum— to make oral statements of three minutes rescheduling of the September 8, 2015 Mississippi Advisory Committee or less. Individuals wishing to make an meeting of the committee, which was oral statement should request in writing canceled. Members of the public may Discussion and Vote on Race and by October 15, 2015, to be scheduled on listen to the discussion. This meeting is Prosecutorial Discretion Concept the agenda. Anyone who would like to available to the public through the Paper—Mississippi Advisory bring related matters to the attention of following toll-free call-in number: 888– Committee the committee may file written 427–9376, conference ID: 3969602. Any Open Comment statements with the committee staff interested member of the public may Adjournment before or after the meeting. Written call this number and listen to the comments and requests for time for oral meeting. The conference call operator DATES: The meeting will be held on comments must be sent to Lesley Yen, will ask callers to identify themselves, Thursday, October 8, 2015, at 3:00 p.m. Designated Federal Officer, 14225 the organization they are affiliated with CDT. Holiday Road, Redding, California (if any), and an email address prior to Public Call Information: Dial: 888– 96003; by email to [email protected], or via placing callers into the conference 427–9376; Conference ID: 3969602 facsimile to 530–275–1512. room. Callers can expect to incur Meeting Accommodations: If you are charges for calls they initiate over FOR FURTHER INFORMATION CONTACT: a person requiring reasonable wireless lines, and the Commission will Melissa Mojnaroski, DFO, at 312–353– accommodation, please make requests not refund any incurred charges. Callers 8311 or [email protected]. in advance for sign language will incur no charge for calls they Dated: September 11, 2015. interpreting, assistive listening devices initiate over land-line connections to or other reasonable accommodation for the toll-free telephone number. Persons David Mussatt, Chief, access to the facility or proceedings by with hearing impairments may also Regional Programs Unit. contacting the person listed in the follow the proceedings by first calling [FR Doc. 2015–23224 Filed 9–15–15; 8:45 am] section titled FOR FURTHER INFORMATION the Federal Relay Service at 1–800–977– BILLING CODE 6335–01–P

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4703 Sfmt 9990 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55593

COMMISSION ON CIVIL RIGHTS public viewing as they become available Trade (‘‘CIT’’ or ‘‘Court’’) sustained the at http://www.facadatabase.gov/ Department of Commerce’s (the Agenda and Notice of Public Meeting committee/meetings.aspx?cid=274 and ‘‘Department’’) final results of of the South Dakota Advisory clicking on the ‘‘Meeting Details’’ and redetermination,1 in which the Committee ‘‘Documents’’ links. Records generated Department determined that three dock from this meeting may also be inspected ladder kit models imported by Asia AGENCY: Commission on Civil Rights. and reproduced at the Rocky Mountain Sourcing Corporation (‘‘ASC’’) meet the ACTION: Announcement of meeting. Regional Office, as they become description of excluded finished goods SUMMARY: available, both before and after the kits, and are therefore not covered by Notice is hereby given, 2 pursuant to the provisions of the rules meeting. Persons interested in the work the scope of the Orders, pursuant to the and regulations of the U.S. Commission of this advisory committee are advised CIT’s remand order in Asia Sourcing on Civil Rights (Commission), and the to go to the Commission’s Web site, Corp v. United States, No. 13–00161 Federal Advisory Committee Act www.usccr.gov, or to contact the Rocky (CIT June 30, 2015) (‘‘Remand Order’’). Consistent with the decision of the (FACA), that an orientation and Mountain Regional Office at the above United States Court of Appeals for the planning meeting of the South Dakota phone number, email or street address. Federal Circuit (‘‘CAFC’’) in Timken,3 as Advisory Committee to the Commission Agenda clarified by Diamond Sawblades,4 the will convene at 10:00 a.m. (CDT) on • Welcome and Introductions: Department is notifying the public that Monday, October 5, 2015, via Richard Braunstein, Chair, South Dakota the final judgment in this case is not in teleconference. The purpose of the Advisory Committee: Malee V. Craft, harmony with the Department’s Final orientation meeting is to inform the Regional Director, Rocky Mountain Scope Ruling 5 and is therefore newly appointed members about the Regional Office (RMRO) amending this scope ruling. rules of operation for the advisory • Orientation and Administrative DATES: Effective date: September 8, committee. The purpose of the planning Matters: Malee V. Craft, Designated 2015. meeting is to discuss the draft report, Federal Official (DFO) and Regional Civil Rights Issues in South Dakota: The FOR FURTHER INFORMATION CONTACT: Director, RMRO Brendan Quinn, AD/CVD Operations, Administration of Justice in Rapid City. • Discussion of Draft Report: Civil Office III, Enforcement and Compliance, Members of the public may listen to Rights Issues in South Dakota: The U.S. Department of Commerce, 14th the discussion by dialing the following Administration of Justice in Rapid City Conference Call Toll-Free Number: 1– • Next Steps Street and Constitution Avenue NW., 888–539–3612; Conference ID: 3235417. • Other Civil Rights Issues Washington, DC 20230; telephone: 202– 482–5848. Please be advised that before being DATES: Monday, October 5, 2015, at placed into the conference call, the 10:00 a.m. (CDT) SUPPLEMENTARY INFORMATION: On August operator will ask callers to provide their 31, 2012, the Department received a ADDRESSES: To be held via names, their organizational affiliations scope ruling request from ASC to teleconference: Conference Call Toll- (if any), and an email address (if determine whether its aluminum boat Free Number: 1–888–539–3612, available) prior to placing callers into and dock ladders and strip door Conference ID: 3235417. TDD: Dial the conference room. Callers can expect mounting brackets are subject to the Federal Relay Service 1–800–977–8339 to incur charges for calls they initiate Orders.6 In its March 20, 2013, Final and give the operator the above over wireless lines, and the Commission Scope Ruling, the Department found conference call number and conference will not refund any incurred charges. that dock ladder kit models ASE, ASH, ID. Callers will incur no charge for calls and DJX3–W did not qualify for the FOR FURTHER INFORMATION CONTACT: 7 they initiate over land-line connections finished goods kit exclusion, and thus to the toll-free phone number. Malee V. Craft, DFO, [email protected], Persons with hearing impairments 303–866–1040 1 See Asia Sourcing Corp v. United States, Court Dated: September 11, 2015. No. 13–00161, Slip Op. 15–97 (CIT August 27, may also follow the discussion by first 2015) (‘‘Asia Sourcing’’), which sustained the Final calling the Federal Relay Service (FRS) David Mussatt, Results of Redetermination Pursuant to Court at 1–800–977–8339 and provide the FRS Chief, Regional Programs Unit. Remand, Asia Sourcing Corp v. United States, Court operator with the Conference Call Toll- No. 13–00161 (August 20, 2015) (‘‘Remand [FR Doc. 2015–23230 Filed 9–15–15; 8:45 am] Redetermination’’). Free Number: 1–888–539–3612, BILLING CODE 6335–01–P 2 See Aluminum Extrusions from the People’s Conference ID: 3235417. Members of the Republic of China: Antidumping Duty Order, 76 FR public are invited to make statements at 30650 (May 26, 2011) and Aluminum Extrusions the end of the conference call. In from the People’s Republic of China: Countervailing DEPARTMENT OF COMMERCE Duty Order, 76 FR 30653 (May 26, 2011) (‘‘Orders’’). addition, members of the public may 3 See Timken Co. v. United States, 893 F.2d 337 submit written comments; the International Trade Administration (Fed. Cir. 1990) (‘‘Timken’’). comments must be received in the 4 See Diamond Sawblades Mfrs. Coalition v. [A–570–967; C–570–968] regional office by Thursday, November United States, 626 F.3d 1374 (Fed. Cir. 2010) 5, 2015. Written comments may be (‘‘Diamond Sawblades’’). Aluminum Extrusions From the 5 See Memorandum to Christian Marsh, Deputy mailed to the Rocky Mountain Regional People’s Republic of China: Notice of Assistant Secretary for Antidumping and Office, U.S. Commission on Civil Rights, Court Decision Not in Harmony With Countervailing Duty Operations, ‘‘Final Scope 1961 Stout Street, Suite 13–201, Denver, Ruling on Asia Sourcing Corporation’s Boat and Final Scope Ruling and Notice of Dock Ladders and Strip Door Mounting Brackets,’’ CO 80294, faxed to (303) 866–1050, or Amended Final Scope Ruling Pursuant dated March 20, 2013 (‘‘Final Scope Ruling’’). emailed to Evelyn Bohor at ebohor@ to Court Decision 6 See letter from ASC, ‘‘Aluminum Extrusions usccr.gov. Persons who desire from the People’s Republic of China: Request for additional information may contact the AGENCY: Enforcement and Compliance, Scope Ruling,’’ dated August 31, 2012. Rocky Mountain Regional Office at (303) International Trade Administration, 7 The ‘‘finished goods kit’’ exclusion in the scope Department of Commerce. of the Orders provides: 866–1040. The scope also excludes finished goods Records and documents discussed SUMMARY: On August 27, 2015, the containing aluminum extrusions that are entered during the meeting will be available for United States Court of International Continued

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55594 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

were covered by the scope of the Orders, Asia Sourcing sustaining the an application to amend an Export because they did not contain any non- Department’s decision in the Remand Trade Certificate of Review aluminum extrusion components Redetermination finding that ASC’s (‘‘Certificate’’). This notice summarizes beyond fasteners.8 dock ladder kit models ASE, ASH, and the proposed amendment and requests In its Remand Order, the Court DJX3–W are excluded from the scope of comments relevant to whether the remanded the underlying scope ruling the Orders, constitutes a final decision amended Certificate should be issued. and directed the Department to ‘‘clarify of that court that is not in harmony with FOR FURTHER INFORMATION CONTACT: or reconsider, as appropriate, its the Department’s Final Scope Ruling. Joseph Flynn, Director, Office of Trade inclusion of the ASE, ASH, and DJX3– This notice is published in fulfillment and Economic Analysis, International W dock ladder kit models within the of the publication requirements of Trade Administration, (202) 482–5131 scope of the Orders . . .’’ 9 The Court Timken. Accordingly, the Department (this is not a toll-free number) or email also requested that the Department will continue the suspension of at [email protected]. consider whether the exception to the liquidation of the ASE, ASH, and DJX3– SUPPLEMENTARY INFORMATION: Title III of W dock ladder kits at issue pending ‘‘finished goods kit’’ exclusion in the the Export Trading Company Act of expiration of the period of appeal or, if scope is inapplicable because the non- 1982 (15 U.S.C. Sections 4001–21) (‘‘the appealed, pending a final and aluminum components of the kits at Act’’) authorizes the Secretary of 10 conclusive court decision. issue are not fasteners. Commerce to issue Export Trade In the Remand Redetermination, the Amended Final Determination Certificates of Review. An Export Trade Department reconsidered the record Certificate of Review protects the holder evidence provided by ASC and found Because there is now a final court and the members identified in the that certain components in the three decision with respect to the dock ladder Certificate from State and Federal dock ladder kits at issue (i.e., plastic kits at issue, the Department amends its government antitrust actions and from coated cables included on one model Final Scope Ruling. The Department private treble damage antitrust actions and plastic end caps included in all finds that the scope of the Orders does for the export conduct specified in the three models) were not fasteners.11 not cover the ASE, ASH, and DJX3–W Certificate and carried out in Because all three of the ladder kit dock ladder kits addressed in the compliance with its terms and models under consideration include underlying scope request filed by ASC. conditions. The regulations non-aluminum extrusions components The Department will instruct U.S. implementing Title III are found at 15 other than fasteners (i.e., plastic coated Customs and Border Protection (‘‘CBP’’) CFR part 325 (2015). Section 302(b)(1) cables and/or plastic end caps), and the that the cash deposit rate will be zero of the Export Trade Company Act of Department had determined in the Final percent for Asia Sourcing’s ASE, ASH, 1982 and 15 CFR 325.6(a) require the Scope Ruling that these three kits and DJX3–W dock ladder kits. In the Secretary to publish a notice in the contained all the parts needed to fully event that the CIT’s ruling is not Federal Register identifying the assemble a finished good with no appealed, or if appealed, upheld by the applicant and summarizing its further fabrication,12 we concluded in CAFC, the Department will instruct CBP application. Under 15 CFR 325.6(a), the Remand Redetermination that the to liquidate any unliquidated entries of interested parties may, within twenty three dock ladder kits at issue each ASC’s ASE, ASH, and DJX3–W dock days after the date of this notice, submit qualify for the finished goods kits ladder kits without regard to written comments to the Secretary on exclusion provided by the scope and are antidumping and/or countervailing the application. not subject to the scope of the Orders.13 duties, and to lift suspension of liquidation of such entries. Request for Public Comments Timken Notice This notice is issued and published in In its decision in Timken 14 as accordance with section 516A(c)(1) of Interested parties may submit written clarified by Diamond Sawblades, the the Act. comments relevant to the determination CAFC has held that, pursuant to whether an amended Certificate should Dated: September 8, 2015. be issued. If the comments include any sections 516A(c) and (e) of the Tariff Act Paul Piquado, of 1930, as amended (the ‘‘Act’’), the privileged or confidential business Assistant Secretary for Enforcement and information, it must be clearly marked Department must publish a notice of a Compliance. court decision that is not ‘‘in harmony’’ and a nonconfidential version of the [FR Doc. 2015–23052 Filed 9–15–15; 8:45 am] comments (identified as such) should be with a Department determination and BILLING CODE 3510–DS–P must suspend liquidation of entries included. Any comments not marked as pending a ‘‘conclusive’’ court decision. privileged or confidential business The CIT’s August 27, 2015, judgment in information will be deemed to be DEPARTMENT OF COMMERCE nonconfidential. unassembled in a ‘‘finished goods kit.’’ A finished International Trade Administration An original and five (5) copies, plus goods kit is understood to mean a packaged two (2) copies of the nonconfidential combination of parts that contains, at the time of [Application No. 99–10A005] version, should be submitted no later importation, all of the necessary parts to fully than 20 days after the date of this notice assemble a final finished good and requires no Export Trade Certificate of Review further finishing or fabrication, such as cutting or to: Export Trading Company Affairs, punching, and is assembled ‘‘as is’’ into a finished ACTION: Notice of Application to Amend International Trade Administration, product. the Export Trade Certificate of Review U.S. Department of Commerce, Room See, e.g., Antidumping Duty Order, 76 FR at Issued to California Almond Export 21028, Washington, DC 20230. 30651. Information submitted by any person 8 Association, LLC (‘‘CAEA’’), See Final Scope Ruling at 8. is exempt from disclosure under the 9 See Remand Order at 5. Application No. (99–10A005). 10 Id. Freedom of Information Act (5 U.S.C. 11 See Remand Redetermination at 7–11. SUMMARY: The Office of Trade and 552). However, nonconfidential versions 12 See Final Scope Ruling at 8. Economic Analysis (‘‘OTEA’’) of the of the comments will be made available 13 See Remand Redetermination at 11–12. International Trade Administration, to the applicant if necessary for 14 See Timken, 893 F.2d at 341. Department of Commerce, has received determining whether or not to issue the

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55595

amended Certificate. Comments should SUMMARY: On March 9, 2015, the addition, a complete version of the refer to this application as ‘‘Export Department of Commerce (the Issues and Decision Memorandum can Trade Certificate of Review, application Department) published the preliminary be accessed directly at http:// number 99–10A005.’’ results of the administrative review of enforcement.trade.gov/frn/index.html. the antidumping duty (AD) order on The signed Issues and Decision Summary of the Application large residential washers (LRWs) from Memorandum and the electronic Applicant: California Almond Export the Republic of Korea (Korea).1 The version of the Issues and Decision Association, LLC (‘‘CAEA’’), 4800 Sisk review covers three producers/exporters Memorandum are identical in content. Road, Modesto, CA 95356. of the subject merchandise: Daewoo The Department conducted this Contact: Bill Morecraft, Chairman, Electronics Corporation (Daewoo), LG administrative review in accordance Telephone: (916) 446–8537. Electronics, Inc. (LGE), and Samsung with section 751 of the Tariff Act of Application No.: 99–10A005. Electronics Co., Ltd. (Samsung). The 1930, as amended (the Act). Date Deemed Submitted: August 31, period of review (POR) is August 3, Scope of the Order 2015. 2012, through January 31, 2014. We Proposed Amendment: CAEA seeks to gave interested parties an opportunity to The products covered by the order are amend its Certificate to add the comment on the Preliminary Results. all large residential washers and certain following company as a Member of After reviewing the comments received subassemblies thereof from Korea. The CAEA’s Certificate: California Gold and making corrections to the margin products are currently classifiable under Almonds, Modesto, CA. calculations, where appropriate, we subheadings 8450.20.0040 and CAEA’s proposed amendment of its continue to find that sales of subject 8450.20.0080 of the Harmonized Tariff Export Trade Certificate of Review merchandise to the United States have System of the United States (HTSUS). would result in the following companies been made at prices below normal Products subject to this order may also as Members under the Certificate: value. The final dumping margins for enter under HTSUS subheadings Almonds California Pride, Inc., the reviewed companies are listed 8450.11.0040, 8450.11.0080, Caruthers, CA below in the section entitled ‘‘Final 8450.90.2000, and 8450.90.6000. Baldwin-Minkler Farms, Orland, CA Results of the Review.’’ Although the HTSUS subheadings are Blue Diamond Growers, Sacramento, CA DATES: Effective date: September 16, provided for convenience and customs California Gold Almonds, Modesto, CA 2015. purposes, the written description of the Campos Brothers, Caruthers, CA merchandise subject to this scope is FOR FURTHER INFORMATION CONTACT: Chico Nut Company, Chico, CA dispositive.3 David Goldberger or Reza Karamloo, Del Rio Nut Company, Inc., Livingston, Analysis of Comments Received CA AD/CVD Operations, Office II, Fair Trade Corner, Inc., Chico, CA Enforcement and Compliance, All issues raised in the case and Fisher Nut Company, Modesto, CA International Trade Administration, rebuttal briefs are addressed in the Hilltop Ranch, Inc., Ballico, CA U.S. Department of Commerce, 14th Issues and Decision Memorandum. A Hughson Nut, Inc., Hughson, CA Street and Constitution Avenue NW., list of the issues which parties raised Mariani Nut Company, Winters, CA Washington, DC 20230; telephone: (202) and to which we respond in the Issues Nutco, LLC d.b.a. Spycher Brothers, 482–4136 or (202) 482–4470, and Decision Memorandum is attached Turlock, CA respectively. to this notice as Appendix I. Paramount Farms, Inc., Los Angeles, CA SUPPLEMENTARY INFORMATION: Final Results of the Review P–R Farms, Inc., Clovis, CA Roche Brothers International Family Background Based on our analysis of the Nut Co., Escalon, CA For a complete description of the comments received, we made changes to RPAC Almonds, LLC, Los Banos, CA events that following the publication of the weighted-average dumping margin South Valley Almond Company, LLC, the Preliminary Results, see the Issues calculation for LGE. No party submitted Wasco, CA and Decision Memorandum.2 The Issues comments on the Department’s Sunny Gem, LLC, Wasco, CA and Decision Memorandum is a public preliminary decision to assign Daewoo Western Nut Company, Chico, CA document and is on file electronically and Samsung a margin based on adverse via Enforcement and Compliance’s AD facts available (AFA) for their failure to Dated: September 10, 2015. respond to our request for information.4 Joseph Flynn, and Countervailing Duty (CVD) Centralized Electronic Service System As the facts with respect to these two Director, Office of Trade and Economic (ACCESS). ACCESS is available to respondents remain the same, we made Analysis, International Trade Administration. registered users at http:// no changes to the rate assigned to them [FR Doc. 2015–23223 Filed 9–15–15; 8:45 am] access.trade.gov and in the Central as AFA in these final results.5 BILLING CODE 3510–DR–P Records Unit, room B8024 of the main Therefore, we are assigning the Department of Commerce building. In following weighted-average dumping

DEPARTMENT OF COMMERCE 3 1 See Large Residential Washers From the A full description of the scope of the order is Republic of Korea: Preliminary Results of the contained in the Issues and Decision Memorandum. International Trade Administration Antidumping Duty Administrative Review; 2012– The HTSUS numbers are revised from the numbers previously stated in the scope. See Memorandum to [A–580–868] 2014, 80 FR 12456 (March 9, 2015) (Preliminary Results). The File (MTF) entitled ‘‘Changes to the HTS 2 See memorandum to Paul Piquado, Assistant Numbers to the ACE Case Reference Files for the Large Residential Washers From the Secretary for Enforcement and Compliance, from Antidumping Duty Orders,’’ dated January 6, 2015. Republic of Korea: Final Results of the Gary Taverman, Associate Deputy Assistant 4 See Preliminary Results, 80 FR 12457. Antidumping Duty Administrative Secretary for Antidumping and Countervailing Duty 5 This rate equals the AFA rate of 82.41 percent Review; 2012–2014 Operations, ‘‘Issues and Decision Memorandum for adjusted for export subsidies totaling 3.30 percent the Final Results of the Antidumping Duty assigned to Daewoo in the final determination of AGENCY: Enforcement and Compliance, Administrative Review of Large Residential the CVD investigation of LRWs from Korea. See Washers from the Republic of Korea,’’ dated MTF, entitled ‘‘Source Documentation Relevant to International Trade Administration, concurrently with and adopted by this notice Export Subsidy Adjustments,’’ dated concurrently Department of Commerce. (Issues and Decision Memorandum). with this notice, at Attachment I.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55596 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

margins for the period August 3, 2012, For Daewoo’s and Samsung’s U.S. Notification to Importers through January 31, 2014: 6 sales, we based the assessment rate assigned to the corresponding entries on This notice also serves as a final Weighted- the weighted-average dumping margins reminder to importers of their average listed above. responsibility under 19 CFR 351.402(f) Manufacturer/exporter dumping to file a certificate regarding the margin The Department clarified its reimbursement of antidumping and/or (percent) ‘‘automatic assessment’’ regulation on countervailing duties prior to May 6, 2003.7 If applicable, this Daewoo Electronics Corpora- liquidation of the relevant entries tion ...... 79.11 clarification will apply to entries of subject merchandise during the POR during this review period. Failure to LG Electronics, Inc ...... 1.52 comply with this requirement could Samsung Electronics Co., produced by LGE, for which the Ltd ...... 82.35 company did not know that its result in the Secretary’s presumption merchandise was destined for the that reimbursement of antidumping Disclosure and Public Comment United States. In such instances, we will and/or countervailing duties occurred instruct CBP to liquidate these entries at and the subsequent assessment of We intend to disclose the calculations the all-others rate established in the double antidumping duties. performed within five days of the date less-than fair-value (LTFV) Notification Regarding Administrative of publication of this notice to parties in 8 this proceeding in accordance with 19 investigation, 11.80 percent, if there is Protective Order CFR 351.224(b). no rate for the intermediary involved in the transaction. See Assessment Policy This notice serves as the only Assessment Rates Notice for a full discussion of this reminder to parties subject to Pursuant to section 751(a)(2)(C) of the clarification. administrative protective order (APO) of their responsibility concerning the Act, and 19 CFR 351.212(b)(1), the Cash Deposit Requirements Department determined, and U.S. disposition of proprietary information Customs and Border Protection (CBP) The following deposit requirements disclosed under APO in accordance shall assess, antidumping duties on all will be effective upon publication of the with 19 CFR 351.305(a)(3). Timely appropriate entries of subject notice of final results of administrative written notification of return/ merchandise in accordance with the review for all shipments of the subject destruction of APO materials or final results of this review. The merchandise entered, or withdrawn conversion to judicial protective order is Department intends to issue appropriate from warehouse, for consumption on or hereby requested. Failure to comply assessment instructions directly to CBP after the date of publication, as provided with the regulations and the terms of an 15 days after publication of the final by section 751(a)(2)(C) of the Act: (1) APO is a sanctionable violation. results of this administrative review. The cash deposit rates for Daewoo, LGE, This notice is published in For those sales where LGE reported and Samsung will be equal to the accordance with section 751(a)(1) and the entered value of its U.S. sales, we weighted-average dumping margins 777(i)(1) of the Act. calculated importer-specific ad valorem established in the final results of this duty assessment rates based on the ratio administrative review, as shown above; Dated: September, 8, 2015. of the total amount of antidumping (2) for merchandise exported by Paul Piquado, duties calculated for the examined sales manufacturers or exporters not covered Assistant Secretary for Enforcement and to the total entered value of the in this administrative review but Compliance. examined sales to that importer. For covered in a prior segment of the Appendix I those sales where LGE did not report the proceeding, the cash deposit rate will entered value of its U.S. sales, we continue to be the company-specific rate List of Topics Discussed in the Issues and calculated importer-specific customer- published for the most recently- Decision Memorandum specific per-unit duty assessment rates completed segment; (3) if the exporter is SUMMARY by aggregating the total amount of not a firm covered in this review, a prior BACKGROUND antidumping duties calculated for the review, or the original LTFV MARGIN CALCULATIONS examined sales and dividing this investigation, but the manufacturer is, SCOPE OF THE ORDER amount by the total quantity of those the cash deposit rate will be the rate DISCUSSION OF THE ISSUES sales. To determine whether the duty established for the most recently- 1. Exclusion of Sales of Merchandise assessment rate is de minimis, in completed segment of this proceeding Entered Prior to Date of Suspension accordance with the requirement set for the manufacturer of the 2. Whether Defective Merchandise is forth in 19 CFR 351.106(c)(2), we merchandise; and (4) the cash deposit Outside of the Scope calculated an importer-specific ad rate for all other manufacturers or 3. Exclusion of Re-sales of Defective valorem ratio based on the estimated exporters will continue to be 11.80 Merchandise entered value. Where an importer- percent, the all-others rate determined 4. Exclusion of Potentially Double-Counted specific assessment rate is zero or de in the LTFV investigation.9 These cash U.S. Sales minimis (i.e., less than 0.5 percent), the deposit requirements, when imposed, 5. Methodological Issues in the Differential Department will instruct CBP to shall remain in effect until further Pricing Analysis liquidate these entries without regard to notice. 6. Zeroing antidumping duties pursuant to 19 CFR 7. Monthly Time Periods in Differential 351.106(c)(2). 7 See Antidumping and Countervailing Duty Pricing Analysis Proceedings: Assessment of Antidumping Duties, 68 8. Conducting the Sales-Below-Cost-Test 6 This rate equals the AFA rate of 82.41 percent FR 23954 (May 6, 2003) (Assessment Policy Notice). Based on Level of Trade adjusted for an export subsidy in the amount of 0.06 8 See Large Residential Washers From Mexico and RECOMMENDATION percent assigned to Samsung in the final the Republic of Korea: Antidumping Duty Orders, [FR Doc. 2015–23156 Filed 9–15–15; 8:45 am] determination of the CVD investigation of LRWs 78 FR 11148 (February 15, 2013) (AD Order). from Korea. Id., at Attachment II. 9 Id. BILLING CODE 3510–DS–P

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55597

DEPARTMENT OF COMMERCE that pertinent specifications are those authority of the Magnuson-Stevens ‘‘necessary for the accomplishment of Fishery Conservation and Management International Trade Administration the specific scientific research or Act of 2006, 16 U.S.C. 1891a and the science-related education purposes Fish and Wildlife Coordination Act, 16 Texas A&M University; Notice of described by the applicant,’’ while U.S.C. 661, as amended by the Decision on Application for Duty-Free ‘‘specifications of features (even if Reorganization Plan No. 4 of 1970. Entry of Scientific Instruments guaranteed) which afford greater The NOAA RC requires specific This is a decision pursuant to Section convenience, satisfy personal information on habitat restoration 6(c) of the Educational, Scientific, and preferences, accommodate institutional projects that we fund, as part of routine Cultural Materials Importation Act of commitments or limitations, or assure progress reporting. Recipients of NOAA 1966 (Pub. L. 89–651, as amended by lower costs of acquisition, installation, RC funds submit information such as Pub. L. 106–36; 80 Stat. 897; 15 CFR operation, servicing or maintenance are project location, restoration techniques part 301). Related records can be viewed not pertinent.’’ used, species benefited, acres restored, between 8:30 a.m. and 5:00 p.m. in Accordingly, the applicant has failed stream miles opened to access for Room 3720, U.S. Department of to establish that domestic instruments of diadromous fish, volunteer Commerce, 14th and Constitution Ave. equivalent scientific value to the foreign participation, and other parameters. NW., Washington, DC. instruments for the intended purposes The required information enables Docket Number: 14–035. Applicant: are not available. Therefore, the NOAA to track, evaluate and report on Texas A&M University, 200 Seawolf application is denied. coastal and marine habitat restoration Parkway, Galveston, TX 77553. Dated: September 2, 2015. and demonstrate accountability for Instrument: Wartsila, W8L20 Generator Gregory W. Campbell, federal funds. This information is used set and special purpose tools. Director, Subsidies Enforcement Office, to populate a database of NOAA RC- Manufacturer: Wartsila Ship Power, Enforcement and Compliance. funded habitat restoration. The Finland. Intended use of instrument: [FR Doc. 2015–23048 Filed 9–15–15; 8:45 am] database, with its robust querying capabilities, is instrumental to provide See Application(s) for Duty-Free Entry BILLING CODE 3510–DS–P of Scientific Instruments, 80 FR 31890, accurate and timely responses to NOAA, 31890 (June 4, 2015) (Application Department of Commerce, Notice) (explaining that the instrument DEPARTMENT OF COMMERCE Congressional and constituent inquiries. would ‘‘be used to prepare students to It also facilitates reporting by NOAA on serve as licensed engineering officers in National Oceanic and Atmospheric the Government Performance and the U.S. Merchant Service and for other Administration Results Act ‘‘acres restored’’ careers in demand in the Houston job performance measure. Grant recipients market and elsewhere’’). Submission for OMB Review; are required by the NOAA Grants Comments: No comments have been Comment Request Management Division to submit periodic performance reports and a final received with respect to this The Department of Commerce will report for each award; this collection application. submit to the Office of Management and stipulates the information to be Decision: Application denied. Budget (OMB) for clearance the provided in these reports. Reasons: To qualify for duty-free entry following proposal for collection of under item 851.60, an applicant must information under the provisions of the Since the last extension of this show that no instrument or apparatus of Paperwork Reduction Act (44 U.S.C. collection approved by OMB, the equivalent scientific value for the Chapter 35). database used to track and report on purposes for which the instrument or Agency: National Oceanic and restoration projects has been updated apparatus is intended to be used is Atmospheric Administration (NOAA). and redesigned. The NOAA RC is being manufactured in the United Title: NOAA Restoration Center revising and streamlining the progress States. See 15 CFR 351.1(b)(2) (‘‘Annex Program Progress Report and report form to ensure it aligns with the D of the Agreement provides that Administrative Progress Report. updated database and collects only the scientific instruments and apparatus OMB Control Number: 0648–0472. information we need to effectively track, intended exclusively for education Form Number(s): None. evaluate, and report on restoration purposes or pure scientific research use Type of Request: Regular (revision projects completed with federal funds. by qualified nonprofit institutions shall and extension of a currently approved The NOAA RC has also divided the enjoy duty-free entry if instruments or information collection) information collected into two forms for apparatus of equivalent scientific value Number of Respondents: 130. simplicity. The Performance Report are not being manufactured in the Average Hours per Response: Program Form focuses on tracking project country of importation’’). As explained progress report: semi-annual, 6 hours; implementation, milestones, in the Application Notice, ‘‘Marine annual, 9.75 hours; administrative performance measures, monitoring, and Diesel engines of different design but in progress report: semi-annual, 2.75 expenditures. The Administrative Form the same general category to that being hours; annual, 5.5 hours. only applies to recipients with an award donated are available in the US.’’ Burden Hours: 1,824. that will implement multiple projects. It Application Notice, 80 FR at 31890. Needs and Uses: This request is for collects information on the Therefore, the Wartsila, W8L20 revision and extension of a currently administration of the award, the number Generator set and special purpose tools approved information collection. of projects supported by the award, and do not qualify for duty-free entry under The NOAA Restoration Center (NOAA award expenditures. item 851.60. RC) provides technical and financial Affected Public: Not-for-profit The Applicant states that no assistance to identify, develop, institutions; state, local and tribal domestically produced engine was implement, and evaluate community- government. offered as a donation, but this is not a driven habitat restoration projects. Frequency: Semi-annual and annual. pertinent specification, as defined in 15 Awards are made as grants or Respondent’s Obligation: Required to CFR 301.2(s). Section 301.2(s) provides cooperative agreements under the obtain or retain benefits.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55598 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

This information collection request Environmental Policy Act, are also mammal or marine mammal stock in the may be viewed at reginfo.gov. Follow available at the same site. In case of wild [Level A harassment]; or (ii) has the instructions to view Department of problems accessing these documents, the potential to disturb a marine Commerce collections currently under please call the contact listed above (see mammal or marine mammal stock in the review by OMB. FOR FURTHER INFORMATION CONTACT). wild by causing disruption of behavioral Written comments and Background patterns, including, but not limited to, recommendations for the proposed migration, breathing, nursing, breeding, information collection should be sent Sections 101(a)(5)(A) and (D) of the feeding, or sheltering [Level B within 30 days of publication of this MMPA (16 U.S.C. 1361 et seq.) direct harassment].’’ notice to OIRA_Submission@ the Secretary of Commerce to allow, Summary of Request omb.eop.gov or fax to (202) 395–5806. upon request by U.S. citizens who engage in a specified activity (other than Dated: September 11, 2015. On January 28, 2015, we received a commercial fishing) within a specified request from the Navy for authorization Sarah Brabson, area, the incidental, but not intentional, to take marine mammals incidental to NOAA PRA Clearance Officer. taking of small numbers of marine pile driving in association with the [FR Doc. 2015–23256 Filed 9–15–15; 8:45 am] mammals, providing that certain Wharf C–2 recapitalization project at BILLING CODE 3510–22–P findings are made and the necessary Naval Station Mayport, Florida (NSM). prescriptions are established. That request was modified on April 17 The incidental taking of small and the Navy submitted a revised DEPARTMENT OF COMMERCE numbers of marine mammals may be version of the request on July 24, 2015, allowed only if NMFS (through which we deemed adequate and National Oceanic and Atmospheric authority delegated by the Secretary) Administration complete. In-water work associated with finds that the total taking by the the project is expected to be completed RIN 0648–XE056 specified activity during the specified within the one-year timeframe of the time period will (i) have a negligible IHA. Takes of Marine Mammals Incidental to impact on the species or stock(s) and (ii) The use of both vibratory and impact Specified Activities; Taking Marine not have an unmitigable adverse impact pile driving is expected to produce Mammals Incidental to a Wharf on the availability of the species or underwater sound at levels that have the Recapitalization Project stock(s) for subsistence uses (where potential to result in behavioral relevant). Further, the permissible AGENCY: National Marine Fisheries harassment of marine mammals. Two methods of taking and requirements species of marine mammal have the Service (NMFS), National Oceanic and pertaining to the mitigation, monitoring Atmospheric Administration (NOAA), potential to be affected by the specified and reporting of such taking must be set activities: Bottlenose dolphin (Tursiops Commerce. forth, either in specific regulations or in ACTION: Notice; issuance of an incidental truncatus truncatus) and Atlantic an authorization. spotted dolphin (Stenella frontalis). harassment authorization. The allowance of such incidental These species may occur year-round in taking under section 101(a)(5)(A), by SUMMARY: the action area. However, we have In accordance with the harassment, serious injury, death, or a determined that incidental take of regulations implementing the Marine combination thereof, requires that spotted dolphins is not reasonably Mammal Protection Act (MMPA) as regulations be established. likely and do not authorize such take. amended, notification is hereby given Subsequently, a Letter of Authorization This is expected to be the second and that we have issued an incidental may be issued pursuant to the final year of in-water work associated harassment authorization (IHA) to the prescriptions established in such with the Wharf C–2 project. This is the U.S. Navy (Navy) to incidentally harass regulations, providing that the level of second such IHA, following the IHA marine mammals during construction taking will be consistent with the issued effective from September 1, 2014, activities associated with a wharf findings made for the total taking through August 31, 2015 (78 FR 71566; recapitalization project at Naval Station allowable under the specific regulations. November 29, 2013). Please note that Mayport, FL. Under section 101(a)(5)(D), NMFS may the previous IHA was initially issued DATES: This authorization is effective authorize such incidental taking by with effective dates from December 1, from September 8, 2015, through harassment only, for periods of not more 2013, through November 30, 2014. September 7, 2016. than one year, pursuant to requirements However, no work was conducted FOR FURTHER INFORMATION CONTACT: Ben and conditions contained within an during this period and the effective Laws, Office of Protected Resources, IHA. The establishment of prescriptions dates were changed to those stated NMFS, (301) 427–8401. through either specific regulations or an above (79 FR 27863; May 15, 2014). SUPPLEMENTARY INFORMATION: authorization requires notice and opportunity for public comment. Description of the Specified Activity Availability NMFS has defined ‘‘negligible An electronic copy of the Navy’s impact’’ in 50 CFR 216.103 as ‘‘. . . an Overview application and supporting documents, impact resulting from the specified Wharf C–2 is a single level, general as well as a list of the references cited activity that cannot be reasonably purpose berthing wharf constructed in in this document, may be obtained by expected to, and is not reasonably likely 1960. The wharf is one of NSM’s two visiting the Internet at: to, adversely affect the species or stock primary deep-draft berths and is one of www.nmfs.noaa.gov/pr/permits/ through effects on annual rates of the primary ordnance handling wharfs. incidental/construction.htm. A recruitment or survival.’’ Except with The wharf is a diaphragm steel sheet memorandum describing our adoption respect to certain activities not pertinent pile cell structure with a concrete apron, of the Navy’s Environmental here, section 3(18) of the MMPA defines partial concrete encasement of the Assessment (2013) and our associated ‘‘harassment’’ as: ‘‘. . . any act of piling and an asphalt paved deck. The Finding of No Significant Impact, pursuit, torment, or annoyance which (i) wharf is currently in poor condition due prepared pursuant to the National has the potential to injure a marine to advanced deterioration of the steel

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55599

sheeting and lack of corrosion channel (see Figure 2–2 of the Navy’s Comment: The Commission protection, and this structural application). Wharf C–2 is located in the recommends that we require the Navy to deterioration has resulted in the northeastern corner of the Mayport conduct empirical sound measurements institution of load restrictions within 60 turning basin. of installation of the polymeric piles ft of the wharf face. The purpose of this using a vibratory hammer and, Detailed Description of Activities project is to complete necessary repairs opportunistically, of installation of any to Wharf C–2. Please refer to Appendix In order to rehabilitate Wharf C–2, the other piles that are driven with an A of the Navy’s application for photos Navy plans to install a new steel king impact hammer on those days that of existing damage and deterioration at pile/sheet pile (SSP) bulkhead, sound measurements of the polymeric the wharf, and to Appendix B for a consisting of large vertical king piles piles are made. contractor schematic of the project plan. with paired steel sheet piles driven Response: In the previous incidental harassment authorization, we required Dates and Duration between and connected to the ends of the king piles. Over the course of the the Navy to conduct empirical in-water The total project was expected to entire project, the Navy will install and in-air sound measurements of (1) require a maximum of fifty days of in- approximately 120 single sheet piles installation of the various types of piles water vibratory pile driving work over a and 119 king piles (all steel) to support using a vibratory and impact hammer twelve-month period, with an the bulkhead wall, as well as fifty and (2) ambient underwater sound. The additional twenty days of impact pile polymeric (plastic) fender piles. The Navy collected empirical in-water and driving included in the specified SSP wall is anchored at the top and in-air data during vibratory pile driving activity as a contingency for a total of filled behind the wall before a concrete of the king and sheet piles. The seventy days in-water pile driving. cap is formed along the top and outside polymeric piles have yet to be installed, Based on work completed to date and in face to tie the entire structure together and impact driving was not necessary consideration of the number of piles yet and provide a berthing surface for during the first year of activities. The to be driven and pile production rates vessels. The new bulkhead will be initial requirement was made under the to date, the Navy estimates that designed for a fifty-year service life. expectation that all work would be remaining work may require 47 days in The most recent project update conducted within the one-year total. indicated that installation of timeframe of that IHA; however, project Specific Geographic Region approximately seventy percent of steel delays have forced the extension of work into a second year, necessitating piles (84 of 120 sheet piles and 81 of NSM is located in northeastern the Navy’s request for a second IHA. 119 king piles) has been completed. We Florida, at the mouth of the St. Johns Both NMFS and the Navy place great River and adjacent to the Atlantic Ocean include here as a contingency the value on site-specific acoustic (see Figures 2–1 and 2–2 of the Navy’s installation of 25 percent of steel piles. measurements to facilitate more application). The St. Johns River is the All fifty plastic fender piles will be accurate analyses of future projects. longest river in Florida, with the final installed during the period of validity of However, the Navy’s allocated funds for 35 mi flowing through the city of the IHA. acoustic measurements at Wharf C2 Jacksonville. This portion of the river is All piles will be driven by vibratory were necessarily spent in fulfillment of significant for commercial shipping and hammer, although impact pile driving obligations under the Year 1 IHA. As military use. At the mouth of the river, may be used as a contingency in cases described, all pile driving (including near the action area, the Atlantic Ocean when vibratory driving is not sufficient polymeric piles) was intended to be is the dominant influence and typical to reach the necessary depth. In the accomplished during one year, but salinities are above 30 ppm. Outside the unlikely event that impact driving is delays have resulted in the extension of river mouth, in nearshore waters, required, either impact or vibratory the project timeline. It is the Navy’s moderate oceanic currents tend to flow driving could occur on a given day, but intention to gather acoustic southward parallel to the coast. Sea concurrent use of vibratory and impact measurements during polymeric pile surface temperatures range from around drivers will not occur. Including the driving for this project and acoustic 16 °C in winter to 28 °C in summer. installation of 25 percent of steel piles measurements of polymeric pile driving The specific action area consists of as a contingency, the Navy estimates in Year 2 will be accomplished as the NSM turning basin, an area of that 47 in-water work days may be circumstances permit. However, due to approximately 2,000 by 3,000 ft required to complete pile driving the aforementioned funding limitations, containing ship berthing facilities at activity, including ten days for vibratory we cannot include this as an IHA sixteen locations along wharves around driving of plastic piles, seventeen days requirement. the basin perimeter. The basin was for contingency vibratory driving of constructed during the early 1940s by steel piles, and twenty days for Description of Marine Mammals in the dredging the eastern part of Ribault Bay contingency impact driving, if Area of the Specified Activity (at the mouth of the St. Johns River), necessary. There are four marine mammal with dredge material from the basin species which may inhabit or transit Comments and Responses used to fill parts of the bay and other through the waters nearby NSM at the low-lying areas in order to elevate the We published a notice of receipt of mouth of the St. Johns River and in land surface. The basin is currently the Navy’s application and proposed nearby nearshore Atlantic waters. These maintained through regular dredging at IHA in the Federal Register on August include the bottlenose dolphin, Atlantic a depth of 50 ft, with depths at the 5, 2015 (80 FR 46545). We received a spotted dolphin, North Atlantic right berths ranging from 30–50 ft. The letter from the Marine Mammal whale (Eubalaena glacialis), and turning basin, connected to the St. Johns Commission, which provided the humpback whale (Megaptera River by a 500-ft-wide entrance channel, following recommendation. In addition, novaeangliae). Multiple additional will largely contain sound produced by we received a letter from the U.S. cetacean species occur in South Atlantic project activities, with the exception of Department of the Interior, stating they waters but would not be expected to sound propagating east into nearshore had no comments on the proposed occur in shallow nearshore waters of the Atlantic waters through the entrance authorization. action area. Table 1 lists the marine

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55600 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

mammal species with expected (www.nmfs.noaa.gov/pr/species/ resource_assessments.html (accessed potential for occurrence in the vicinity mammals) for generalized species July 16, 2015). We provided additional of NSM during the project timeframe accounts and to the Navy’s Marine information for marine mammals with and summarizes key information Resource Assessment for the potential for occurrence in the area of regarding stock status and abundance. Charleston/Jacksonville Operating Area, the specified activity in our Federal Taxonomically, we follow Committee which documents and describes the Register notice of proposed on Taxonomy (2014). Please see NMFS’ marine resources that occur in Navy authorization (August 5, 2015; 80 FR Stock Assessment Reports (SAR), operating areas of the Southeast (DoN, 46545). For reasons discussed in detail available at www.nmfs.noaa.gov/pr/sars, 2008). The document is publicly in the notice of proposed authorization, for more detailed accounts of these available at www.navfac.navy.mil/ right whales and humpback whales are stocks’ status and abundance. Please products_and_services/ev/products_ unlikely to occur in the project area and also refer to NMFS’ Web site and_services/marine_resources/marine_ are not considered further.

TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF NSM

ESA/MMPA Stock abundance (CV, Relative occurrence; status; Annual Species Stock N , most recent PBR 3 season of Strategic min M/SI 4 abundance survey) 2 occurrence (Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales) Family Balaenidae

North Atlantic right Western North Atlantic .. E/D; Y 465 (n/a; 2013) ...... 0.9 4.75 Rare inshore, regular whale. near/offshore; Nov- Apr. Humpback whale ...... Gulf of Maine ...... E/D; Y 823 (n/a; 2008) ...... 2.7 10.15 Rare; Fall-Spring.

Superfamily Odontoceti (toothed whales, dolphins, and porpoises) Family Delphinidae

Common bottlenose dol- Western North Atlantic -; N 77,532 (0.4; 56,053; 561 45.1 Rare; year-round. phin. Offshore. 2011). Common bottlenose dol- Western North Atlantic -/D; Y 9,173 (0.46; 6,326; 63 2.6–16.5 Possibly common 7; Jan- phin. Coastal, Southern Mi- 2010–11). Mar. gratory. Common bottlenose dol- Western North Atlantic -/D; Y 1,219 (0.67; 730; 2010– 7 unk Possibly common 7; phin. Coastal, Northern 11). year-round. Florida. Common bottlenose dol- Jacksonville Estuarine -; Y 412 6 (0.06; unk; 1994– undet. unk Possibly common 7; phin. System 5. 97). year-round. Atlantic spotted dolphin Western North Atlantic .. -; N 44,715 (0.43; 31,610; 316 0 Rare; year-round. 2011). 1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality ex- ceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any spe- cies or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For killer whales, the abundance values represent direct counts of individually identifiable animals; therefore there is only a single abundance estimate with no associ- ated CV. For certain stocks, abundance estimates are actual counts of animals and there is no associated CV. The most recent abundance sur- vey that is reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the esti- mate. 3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be re- moved from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). 4 These values, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, subsistence hunting, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value. 5 Abundance estimates for these stocks are greater than eight years old and are therefore not considered current. PBR is considered undeter- mined for these stocks, as there is no current minimum abundance estimate for use in calculation. We nevertheless present the most recent abundance estimates and PBR values, as these represent the best available information for use in this document. 6 This abundance estimate is considered an overestimate because it includes non- and seasonally-resident animals. 7 Bottlenose dolphins in general are common in the project area, but it is not possible to readily identify them to stock. Therefore, these three stocks are listed as possibly common as we have no information about which stock commonly only occurs.

Potential Effects of the Specified construction activities on marine stock and its habitat, paying particular Activity on Marine Mammals and Their mammals and their habitat. attention to rookeries, mating grounds, Habitat and areas of similar significance, and on Mitigation Our Federal Register notice of the availability of such species or stock proposed authorization (August 5, 2015; In order to issue an IHA under section for taking for certain subsistence uses. 80 FR 46545) provides a general 101(a)(5)(D) of the MMPA, NMFS must Measurements from similar pile background on sound relevant to the set forth the permissible methods of driving events were coupled with specified activity as well as a detailed taking pursuant to such activity, and practical spreading loss to estimate description of marine mammal hearing other means of effecting the least zones of influence (ZOI; see Estimated and of the potential effects of these practicable impact on such species or Take by Incidental Harassment); these

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55601

values were used to develop mitigation be aware of and communicate the construction.htm), developed by the measures for pile driving activities at presence of marine mammals in the Navy in agreement with NMFS, for full NSM. The ZOIs effectively represent the project area but outside the shutdown details of the monitoring protocols. mitigation zone that will be established zone and thus prepare for potential The following additional measures around each pile to prevent Level A shutdowns of activity. However, the apply to visual monitoring: harassment to marine mammals, while primary purpose of disturbance zone (1) Monitoring will be conducted by providing estimates of the areas within monitoring is for documenting incidents qualified observers, who will be placed which Level B harassment might occur. of Level B harassment; disturbance zone at the best vantage point(s) practicable In addition to the specific measures monitoring is discussed in greater detail to monitor for marine mammals and described later in this section, the Navy later (see Monitoring and Reporting). implement shutdown/delay procedures will conduct briefings between Nominal radial distances for when applicable by calling for the construction supervisors and crews, disturbance zones are shown in Table 2. shutdown to the hammer operator. marine mammal monitoring team, and Given the size of the disturbance zone Qualified observers are typically trained Navy staff prior to the start of all pile for vibratory pile driving, it is biologists, with the following minimum driving activity, and when new impossible to guarantee that all animals qualifications: personnel join the work, in order to would be observed or to make • Visual acuity in both eyes explain responsibilities, communication comprehensive observations of fine- (correction is permissible) sufficient for procedures, marine mammal monitoring scale behavioral reactions to sound, and discernment of moving targets at the protocol, and operational procedures. only a portion of the zone (e.g., what water’s surface with ability to estimate may be reasonably observed by visual target size and distance; use of Monitoring and Shutdown for Pile observers stationed within the turning binoculars may be necessary to correctly Driving basin) will be observed. identify the target; The following measures will apply to In order to document observed • Advanced education in biological the Navy’s mitigation through shutdown incidents of harassment, monitors science, wildlife management, and disturbance zones: record all marine mammal observations, mammalogy, or related fields (bachelor’s Shutdown Zone—For all pile driving regardless of location. The observer’s degree or higher is required); activities, the Navy will establish a location, as well as the location of the • Experience and ability to conduct shutdown zone intended to contain the pile being driven, is known from a GPS. field observations and collect data area in which SPLs equal or exceed the The location of the animal is estimated according to assigned protocols (this 180 dB rms acoustic injury criteria. The as a distance from the observer, which may include academic experience); purpose of a shutdown zone is to define is then compared to the location from • Experience or training in the field an area within which shutdown of the pile. It may then be estimated identification of marine mammals, activity will occur upon sighting of a whether the animal was exposed to including the identification of marine mammal (or in anticipation of an sound levels constituting incidental behaviors; animal entering the defined area), thus harassment on the basis of predicted • Sufficient training, orientation, or preventing injury of marine mammals distances to relevant thresholds in post- experience with the construction (as described previously, serious injury processing of observational and acoustic operation to provide for personal safety or death are unlikely outcomes even in data, and a precise accounting of during observations; the absence of mitigation measures). observed incidences of harassment • Writing skills sufficient to prepare a Modeled radial distances for shutdown created. This information may then be report of observations including but not zones are shown in Table 2. However, used to extrapolate observed takes to limited to the number and species of a minimum shutdown zone of 15 m reach an approximate understanding of marine mammals observed; dates and (which is larger than the maximum actual total takes. times when in-water construction predicted injury zone) will be Monitoring Protocols—Monitoring activities were conducted; dates and established during all pile driving will be conducted before, during, and times when in-water construction activities, regardless of the estimated after pile driving activities. In addition, activities were suspended to avoid zone. Vibratory pile driving activities observers shall record all incidents of potential incidental injury from are not predicted to produce sound marine mammal occurrence, regardless construction sound of marine mammals exceeding the 180-dB Level A of distance from activity, and shall observed within a defined shutdown harassment threshold, but these document any behavioral reactions in zone; and marine mammal behavior; precautionary measures are intended to concert with distance from piles being and prevent the already unlikely possibility driven. Observations made outside the • Ability to communicate orally, by of physical interaction with shutdown zone will not result in radio or in person, with project construction equipment and to further shutdown; that pile segment will be personnel to provide real-time reduce any possibility of acoustic completed without cessation, unless the information on marine mammals injury. For impact driving of steel piles, animal approaches or enters the observed in the area as necessary. if necessary, the radial distance of the shutdown zone, at which point all pile For this project, we waive the shutdown will be established at 40 m. driving activities will be halted. requirement for advanced education, as Disturbance Zone—Disturbance zones Monitoring will take place from fifteen the observers will be personnel hired by are the areas in which SPLs equal or minutes prior to initiation through the engineering contractor that may not exceed 160 and 120 dB rms (for impulse thirty minutes post-completion of pile have backgrounds in biological science and continuous sound, respectively). driving activities. Pile driving activities or related fields. These observers will be Disturbance zones provide utility for include the time to install or remove a required to watch the Navy’s Marine monitoring conducted for mitigation single pile or series of piles, as long as Species Awareness Training video and purposes (i.e., shutdown zone the time elapsed between uses of the shall receive training sufficient to monitoring) by establishing monitoring pile driving equipment is no more than achieve all other qualifications listed protocols for areas adjacent to the thirty minutes. Please see the above (where relevant). shutdown zones. Monitoring of Monitoring Plan (www.nmfs.noaa.gov/ (2) Prior to the start of pile driving disturbance zones enables observers to pr/permits/incidental/ activity, the shutdown zone will be

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55602 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

monitored for fifteen minutes to ensure the degree to which, the successful Monitoring and Reporting that it is clear of marine mammals. Pile implementation of the measure is In order to issue an IHA for an driving will only commence once expected to minimize adverse impacts activity, section 101(a)(5)(D) of the observers have declared the shutdown to marine mammals, (2) the proven or MMPA states that NMFS must set forth zone clear of marine mammals; animals likely efficacy of the specific measure to ‘‘requirements pertaining to the will be allowed to remain in the minimize adverse impacts as planned; monitoring and reporting of such shutdown zone (i.e., must leave of their and (3) the practicability of the measure taking’’. The MMPA implementing own volition) and their behavior will be for applicant implementation. regulations at 50 CFR 216.104 (a)(13) monitored and documented. The Any mitigation measure(s) we indicate that requests for incidental take shutdown zone may only be declared prescribe should be able to accomplish, authorizations must include the clear, and pile driving started, when the have a reasonable likelihood of suggested means of accomplishing the entire shutdown zone is visible (i.e., accomplishing (based on current necessary monitoring and reporting that when not obscured by dark, rain, fog, science), or contribute to the will result in increased knowledge of etc.). In addition, if such conditions accomplishment of one or more of the the species and of the level of taking or should arise during impact pile driving general goals listed below: impacts on populations of marine that is already underway, the activity mammals that are expected to be will be halted. (1) Avoidance or minimization of (3) If a marine mammal approaches or injury or death of marine mammals present in the proposed action area. enters the shutdown zone during the wherever possible (goals 2, 3, and 4 may Any monitoring requirement we course of pile driving operations, contribute to this goal). prescribe should improve our understanding of one or more of the activity will be halted and delayed until (2) A reduction in the number (total following: either the animal has voluntarily left number or number at biologically • Occurrence of marine mammal and been visually confirmed beyond the important time or location) of species in action area (e.g., presence, shutdown zone or fifteen minutes have individual marine mammals exposed to abundance, distribution, density). passed without re-detection of the stimuli expected to result in incidental • Nature, scope, or context of likely animal. Monitoring will be conducted take (this goal may contribute to 1, marine mammal exposure to potential throughout the time required to drive a above, or to reducing takes by stressors/impacts (individual or pile. behavioral harassment only). cumulative, acute or chronic), through Soft Start (3) A reduction in the number (total better understanding of: (1) Action or The use of a soft start procedure is number or number at biologically environment (e.g., source believed to provide additional important time or location) of times any characterization, propagation, ambient protection to marine mammals by individual marine mammal would be noise); (2) Affected species (e.g., life warning or providing a chance to leave exposed to stimuli expected to result in history, dive patterns); (3) Co- the area prior to the hammer operating incidental take (this goal may contribute occurrence of marine mammal species at full capacity, and typically involves to 1, above, or to reducing takes by with the action; or (4) Biological or a requirement to initiate sound from the behavioral harassment only). behavioral context of exposure (e.g., age, hammer at reduced energy followed by (4) A reduction in the intensity of calving or feeding areas). a waiting period. This procedure is exposure to stimuli expected to result in • Individual responses to acute repeated two additional times. It is incidental take (this goal may contribute stressors, or impacts of chronic difficult to specify the reduction in to 1, above, or to reducing the severity exposures (behavioral or physiological). energy for any given hammer because of of behavioral harassment only). • How anticipated responses to variation across drivers and, for impact (5) Avoidance or minimization of stressors impact either: (1) Long-term hammers, the actual number of strikes at adverse effects to marine mammal fitness and survival of an individual; or reduced energy will vary because (2) Population, species, or stock. habitat, paying particular attention to • operating the hammer at less than full the prey base, blockage or limitation of Effects on marine mammal habitat power results in ‘‘bouncing’’ of the passage to or from biologically and resultant impacts to marine hammer as it strikes the pile, resulting mammals. important areas, permanent destruction • in multiple ‘‘strikes.’’ For impact of habitat, or temporary disturbance of Mitigation and monitoring driving, we require an initial set of three habitat during a biologically important effectiveness. strikes from the impact hammer at time. The Navy’s planned monitoring and reduced energy, followed by a thirty- reporting is also described in their second waiting period, then two (6) For monitoring directly related to Marine Mammal Monitoring Plan, on subsequent three strike sets. Soft start mitigation, an increase in the the Internet at www.nmfs.noaa.gov/pr/ will be required at the beginning of each probability of detecting marine permits/incidental/construction.htm. day’s impact pile driving work and at mammals, thus allowing for more Visual Marine Mammal Observations any time following a cessation of impact effective implementation of the pile driving of thirty minutes or longer. mitigation. The Navy will collect sighting data We have carefully evaluated the Based on our evaluation of the Navy’s and behavioral responses to Navy’s proposed mitigation measures proposed measures, as well as any other construction for marine mammal and considered their effectiveness in potential measures that may be relevant species observed in the region of past implementation to determine to the specified activity, we have activity during the period of activity. All whether they are likely to effect the least determined that the planned mitigation observers will be trained in marine practicable impact on the affected measures provide the means of effecting mammal identification and behaviors marine mammal species and stocks and the least practicable impact on marine and are required to have no other their habitat. Our evaluation of potential mammal species or stocks and their construction-related tasks while measures included consideration of the habitat, paying particular attention to conducting monitoring. The Navy will following factors in relation to one rookeries, mating grounds, and areas of monitor the shutdown zone and another: (1) The manner in which, and similar significance. disturbance zone before, during, and

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55603

after pile driving, with observers located the marine mammals to the observation All anticipated takes would be by at the best practicable vantage points. point; Level B harassment resulting from Based on our requirements, the Navy • Description of implementation of vibratory and impact pile driving and will implement the following mitigation measures (e.g., shutdown or involving temporary changes in procedures for pile driving: delay); behavior. The planned mitigation and • MMOs will be located at the best • Locations of all marine mammal monitoring measures are expected to vantage point(s) in order to properly see observations; and minimize the possibility of injurious or the entire shutdown zone and as much • Other human activity in the area. lethal takes such that take by Level A of the disturbance zone as possible. harassment, serious injury, or mortality • During all observation periods, Reporting is considered discountable. However, it observers will use binoculars and the A draft report will be submitted to is unlikely that injurious or lethal takes naked eye to search continuously for NMFS within ninety days of the would occur even in the absence of the marine mammals. planned mitigation and monitoring • completion of marine mammal If the shutdown zones are obscured monitoring, or sixty days prior to the measures. If a marine mammal responds to a by fog or poor lighting conditions, pile requested date of issuance of any future stimulus by changing its behavior (e.g., driving at that location will not be IHA for projects at the same location, through relatively minor changes in initiated until that zone is visible. whichever comes first. The report will locomotion direction/speed or Should such conditions arise while include marine mammal observations vocalization behavior), the response impact driving is underway, the activity pre-activity, during-activity, and post- may or may not constitute taking at the will be halted. activity during pile driving days, and • The shutdown and disturbance individual level, and is unlikely to will also provide descriptions of any zones around the pile will be monitored affect the stock or the species as a behavioral responses to construction for the presence of marine mammals whole. However, if a sound source activities by marine mammals and a before, during, and after any pile driving displaces marine mammals from an complete description of all mitigation or removal activity. important feeding or breeding area for a shutdowns and the results of those Individuals implementing the prolonged period, impacts on animals or actions and an extrapolated total take monitoring protocol will assess its on the stock or species could potentially estimate based on the number of marine effectiveness using an adaptive be significant (e.g., Lusseau and Bejder, mammals observed during the course of approach. Monitoring biologists will use 2007; Weilgart, 2007). Given the many construction. A final report must be their best professional judgment uncertainties in predicting the quantity submitted within thirty days following throughout implementation and seek and types of impacts of sound on resolution of comments on the draft improvements to these methods when marine mammals, it is common practice report. deemed appropriate. Any modifications to estimate how many animals are likely to protocol will be coordinated between Monitoring Results From Previously to be present within a particular NMFS and the Navy. Authorized Activities distance of a given activity, or exposed to a particular level of sound. In Data Collection The Navy complied with the practice, depending on the amount of We require that observers use mitigation and monitoring required information available to characterize approved data forms. Among other under the previous authorization for the daily and seasonal movement and pieces of information, the Navy will Wharf C–2 project. Marine mammal distribution of affected marine record detailed information about any monitoring occurred before, during, and mammals, it can be difficult to implementation of shutdowns, after each pile driving event. During the distinguish between the number of including the distance of animals to the course of these activities, the Navy did individuals harassed and the instances pile and description of specific actions not exceed the take levels authorized of harassment and, when duration of the that ensued and resulting behavior of under the IHA. The Navy has activity is considered, it can result in a the animal, if any. In addition, the Navy summarized monitoring results to date take estimate that overestimates the will attempt to distinguish between the in their application, and the required number of individuals harassed. In number of individual animals taken and monitoring report is available to the particular, for stationary activities, it is the number of incidences of take. We public on the Internet at more likely that some smaller number of require that, at a minimum, the www.nmfs.noaa.gov/pr/permits/ individuals may accrue a number of following information be collected on incidental/construction.htm. incidences of harassment per individual the sighting forms: Estimated Take by Incidental than for each incidence to accrue to a • Date and time that monitored Harassment new individual, especially if those activity begins or ends; individuals display some degree of • Construction activities occurring Except with respect to certain residency or site fidelity and the during each observation period; activities not pertinent here, section impetus to use the site (e.g., because of • Weather parameters (e.g., percent 3(18) of the MMPA defines foraging opportunities) is stronger than cover, visibility); ‘‘harassment’’ as: ‘‘. . .any act of the deterrence presented by the • Water conditions (e.g., sea state, pursuit, torment, or annoyance which (i) harassing activity. tide state); has the potential to injure a marine The turning basin is not important • Species, numbers, and, if possible, mammal or marine mammal stock in the habitat for marine mammals, as it is a sex and age class of marine mammals; wild [Level A harassment]; or (ii) has man-made, semi-enclosed basin with • Description of any observable the potential to disturb a marine frequent industrial activity and regular marine mammal behavior patterns, mammal or marine mammal stock in the maintenance dredging. The small area of including bearing and direction of wild by causing disruption of behavioral ensonification extending out of the travel, and if possible, the correlation to patterns, including, but not limited to, turning basin into nearshore waters is SPLs; migration, breathing, nursing, breeding, also not believed to be of any particular • Distance from pile driving activities feeding, or sheltering [Level B importance, nor is it considered an area to marine mammals and distance from harassment].’’ frequented by marine mammals.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55604 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Bottlenose dolphins may be observed at the Mayport turning basin and applicable sound thresholds for any time of year in estuarine and associated nearshore waters that may determining effects to marine mammals nearshore waters of the action area, but result from pile driving during before describing the information used sightings of other species are rare. construction activities associated with in estimating the sound fields, the Therefore, behavioral disturbances that the project described previously in this available marine mammal density or could result from anthropogenic sound document. abundance information, and the method associated with these activities are In order to estimate the potential of estimating potential incidents of take expected to affect only a relatively small incidents of take that may occur in detail in our Federal Register notice number of individual marine mammals, incidental to the specified activity, we of proposed authorization (August 5, although those effects could be must first estimate the extent of the 2015; 80 FR 46545). All calculated recurring over the life of the project if sound field that may be produced by the distances to and the total area the same individuals remain in the activity and then consider in encompassed by the marine mammal project vicinity. The Navy has requested combination with information about authorization for the incidental taking of marine mammal density or abundance sound thresholds are provided in Table small numbers of bottlenose dolphins in in the project area. We described 2.

TABLE 2—DISTANCES TO RELEVANT UNDERWATER SOUND THRESHOLDS AND AREAS OF ENSONIFICATION

Pile type Method Threshold Distance Area (m) (sq km) 1

Steel (sheet and king piles) ...... Vibratory ...... Level A harassment (180 dB) ...... n/a 0 Level B harassment (120 dB) ...... 7,356 2.9 Impact ...... Level A harassment (180 dB) ...... 40 0.004 Level B harassment (160 dB) ...... 858 0.67 Polymeric (plastic fender piles) ...... Vibratory ...... Level A harassment (180 dB) ...... n/a 0 Level B harassment (120 dB) ...... 1,585 0.88 Impact ...... Level A harassment (180 dB) ...... n/a 0 Level B harassment (160 dB) ...... 3.4 0.00004 1 Areas presented take into account attenuation and/or shadowing by land. Calculated distances to relevant thresholds cannot be reached in most directions form source piles. Please see Figures 6–1 through 6–3 in the Navy’s application.

The Mayport turning basin does not present within the relevant area, and facing entrance channel, the radial represent open water, or free field, thus incidentally taken; distances to thresholds are not generally conditions. Therefore, sounds would • An individual can only be taken reached. attenuate as per the confines of the once during a 24-h period; and, There are a number of reasons why basin, and may only reach the full • There will be 27 total days of estimates of potential incidents of take estimated distances to the harassment vibratory driving (seventeen days for may be conservative, assuming that thresholds via the narrow, east-facing steel piles and ten days for plastic piles) available density or abundance entrance channel. Distances shown in and twenty days of impact pile driving. estimates and estimated ZOI areas are Table 2 are estimated for free-field • Exposures to sound levels at or accurate. We assume, in the absence of conditions, but areas are calculated per above the relevant thresholds equate to information supporting a more refined the actual conditions of the action area. take, as defined by the MMPA. conclusion, that the output of the See Figures 6–1 through 6–3 of the The estimation of marine mammal calculation represents the number of Navy’s application for a depiction of takes typically uses the following individuals that may be taken by the areas in which each underwater sound calculation: specified activity. In fact, in the context of stationary activities such as pile threshold is predicted to occur at the Exposure estimate = (n * ZOI) * days project area due to pile driving. driving and in areas where resident of total activity animals may be present, this number Marine Mammal Densities and Take Where: more realistically represents the number Calculation n = density estimate used for each species/ of incidents of take that may accrue to For all species, the best scientific season a smaller number of individuals. While information available was considered ZOI = sound threshold ZOI area; the area pile driving can occur any day for use in the marine mammal take encompassed by all locations where the throughout the in-water work window, assessment calculations. Density value SPLs equal or exceed the threshold being and the analysis is conducted on a per evaluated for the Atlantic spotted dolphin is from day basis, only a fraction of that time recent density estimates produced by n * ZOI produces an estimate of the (typically a matter of hours on any given Roberts et al. (2015); we use the highest abundance of animals that could be day) is actually spent pile driving. The relevant seasonal density value (spring). present in the area for exposure, and is potential effectiveness of mitigation Density for bottlenose dolphins is rounded to the nearest whole number measures in reducing the number of derived from site-specific surveys before multiplying by days of total takes is typically not quantified in the conducted by the Navy; it is not activity. take estimation process. For these currently possible to identify observed The ZOI impact area is estimated reasons, these take estimates may be individuals to stock. using the relevant distances in Table 2, conservative. The following assumptions are made taking into consideration the possible The quantitative exercise described when estimating potential incidents of affected area with attenuation due to the above indicates that no incidents of take: constraints of the basin. Because the Level A harassment would be expected, • All marine mammal individuals basin restricts sound from propagating independent of the implementation of potentially available are assumed to be outward, with the exception of the east- required mitigation measures. The

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55605

twenty days of contingency impact days; because the ZOI for impact driving consider only the former here. See Table driving considered here could include of steel piles subsumes the ZOI for 3 for total estimated incidents of take. either steel or plastic piles on any of the impact driving of plastic piles, we

TABLE 3—CALCULATIONS FOR INCIDENTAL TAKE ESTIMATION

Authorized Total author- Species n (animals/km 2) Activity n * ZOI 1 takes 2 ized takes

Bottlenose dolphin ...... 4.15366 ...... Impact driving (steel) ...... 3 60 304 3 Vibratory driving (steel) ...... 12 204 Vibratory driving (plastic) ...... 4 40 Atlantic spotted dolphin ...... 0.005402 (spring) ...... Impact driving (steel) ...... 0 0 0 Vibratory driving (steel) ...... 0 0 Vibratory driving (plastic) ...... 0 0 1 See Table 2 for relevant ZOIs. The product of this calculation is rounded to the nearest whole number. 2 The product of n * ZOI is multiplied by the total number of activity-specific days to estimate the number of takes. 3 It is impossible to estimate from available information which stock these takes may accrue to.

Analyses and Determinations mitigation measures. Specifically, reported injuries or mortality to marine vibratory hammers will be the primary mammals, and no known long-term Negligible Impact Analysis method of installation (impact driving is adverse consequences from behavioral NMFS has defined ‘‘negligible included only as a contingency and is harassment. Repeated exposures of impact’’ in 50 CFR 216.103 as ‘‘. . . an not expected to be required), and this individuals to levels of sound that may impact resulting from the specified activity does not have the potential to cause Level B harassment are unlikely activity that cannot be reasonably cause injury to marine mammals due to to result in hearing impairment or to expected to, and is not reasonably likely the relatively low source levels significantly disrupt foraging behavior. to, adversely affect the species or stock produced (less than 180 dB) and the Thus, even repeated Level B harassment through effects on annual rates of lack of potentially injurious source of some small subset of the overall stock recruitment or survival.’’ A negligible characteristics. Impact pile driving is unlikely to result in any significant impact finding is based on the lack of produces short, sharp pulses with realized decrease in viability for the likely adverse effects on annual rates of higher peak levels and much sharper affected individuals, and thus would recruitment or survival (i.e., population- rise time to reach those peaks. If impact not result in any adverse impact to the level effects). An estimate of the number driving is necessary, implementation of stock as a whole. Level B harassment of Level B harassment takes alone is not soft start and shutdown zones will be reduced to the level of least enough information on which to base an significantly reduces any possibility of practicable impact through use of impact determination. In addition to injury. Given sufficient ‘‘notice’’ mitigation measures described herein considering estimates of the number of through use of soft start (for impact and, if sound produced by project marine mammals that might be ‘‘taken’’ driving), marine mammals are expected activities is sufficiently disturbing, through behavioral harassment, we to move away from a sound source that animals are likely to simply avoid the consider other factors, such as the likely is annoying prior to its becoming turning basin while the activity is nature of any responses (e.g., intensity, potentially injurious. Environmental occurring. duration), the context of any responses conditions in the confined and In summary, this negligible impact (e.g., critical reproductive time or protected Mayport turning basin mean analysis is founded on the following location, migration), as well as the that marine mammal detection ability factors: (1) The possibility of injury, number and nature of estimated Level A by trained observers is high, enabling a serious injury, or mortality may harassment takes, the number of high rate of success in implementation reasonably be considered discountable; estimated mortalities, and effects on of shutdowns to avoid injury. (2) the anticipated incidents of Level B habitat. Effects on individuals that are taken harassment consist of, at worst, Pile driving activities associated with by Level B harassment, on the basis of temporary modifications in behavior; (3) the wharf construction project, as reports in the literature as well as the absence of any significant habitat outlined previously, have the potential monitoring from other similar activities, within the project area, including to disturb or displace marine mammals. will likely be limited to reactions such known areas or features of special Specifically, the specified activities may as increased swimming speeds, significance for foraging or result in take, in the form of Level B increased surfacing time, or decreased reproduction; (4) the presumed efficacy harassment (behavioral disturbance) foraging (if such activity were occurring) of the planned mitigation measures in only, from underwater sounds generated (e.g., Thorson and Reyff, 2006; HDR, reducing the effects of the specified from pile driving. Potential takes could Inc., 2012). Most likely, individuals will activity to the level of least practicable occur if individuals of these species are simply move away from the sound impact. In addition, these stocks are not present in the ensonified zone when source and be temporarily displaced listed under the ESA, although coastal pile driving is happening. from the areas of pile driving, although bottlenose dolphins are designated as No injury, serious injury, or mortality even this reaction has been observed depleted under the MMPA. In is anticipated given the nature of the primarily only in association with combination, we believe that these activities and measures designed to impact pile driving. The pile driving factors, as well as the available body of minimize the possibility of injury to activities analyzed here are similar to, or evidence from other similar activities, marine mammals. The potential for less impactful than, numerous other demonstrate that the potential effects of these outcomes is minimized through construction activities conducted in San the specified activity will have only the construction method and the Francisco Bay and in the Puget Sound short-term effects on individuals. The implementation of the planned region, which have taken place with no specified activity is not expected to

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55606 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

impact rates of recruitment or survival although the largest area of suitability for adoption by NMFS in and will therefore not result in ensonification is predicted to extend up order to assess the impacts to the human population-level impacts. to 7.5 km offshore from NSM, estuarine environment of issuance of an IHA to Based on the analysis contained dolphins are generally considered as the Navy. Also in compliance with herein of the likely effects of the restricted to inshore waters and only 1– NEPA and the CEQ regulations, as well specified activity on marine mammals 2 km offshore. In summary, JES as NOAA Administrative Order 216–6, and their habitat, and taking into dolphins are (1) known to form two NMFS has reviewed the Navy’s EA, consideration the implementation of the groups and exhibit strong site fidelity determined it to be sufficient, and planned monitoring and mitigation (i.e., individuals do not generally range adopted that EA and signed a Finding measures, we find that the total marine throughout the recognized overall JES of No Significant Impact (FONSI) on mammal take from the Navy’s wharf stock range); (2) would not occur at all November 20, 2013. construction activities will have a in a significant portion of the larger ZOI We have reviewed the Navy’s negligible impact on the affected marine extending offshore from NSM; and (3) application for a renewed IHA for mammal species or stocks. the specified activity will be stationary ongoing construction activities for 2015–16 and results of required marine Small Numbers Analysis within an enclosed basin not recognized as an area of any special significance mammal monitoring. Based on that As described previously, of the 304 that would serve to attract or aggregate review, we have determined that the incidents of behavioral harassment dolphins. We therefore believe that the proposed action is very similar to that predicted to occur for bottlenose estimated numbers of takes, were they considered in the previous IHA. In dolphin, we have no information to occur, likely represent repeated addition, no significant new allowing us to parse those predicted exposures of a much smaller number of circumstances or information relevant to incidents amongst the three stocks of bottlenose dolphins and that these environmental concerns have been bottlenose dolphin that may occur in estimated incidents of take represent identified. Thus, we have determined the project area. Therefore, we assessed small numbers of bottlenose dolphins. that the preparation of a new or the total number of predicted incidents Based on the analysis contained supplemental NEPA document is not of take against the best abundance herein of the likely effects of the necessary, and, after review of public estimate for each stock, as though the specified activity on marine mammals comments, reaffirm our 2013 FONSI. total would occur for the stock in and their habitat, and taking into The 2013 NEPA documents are question. For two of the bottlenose consideration the implementation of the available for review at dolphin stocks, the total predicted mitigation and monitoring measures, we www.nmfs.noaa.gov/pr/permits/ number of incidents of take authorized find that small numbers of marine incidental/construction.htm. would be considered small— mammals will be taken relative to the Authorization approximately three percent for the populations of the affected species or southern migratory stock and less than stocks. As a result of these determinations, 25 percent for the northern Florida we have issued an IHA to the Navy for coastal stock—even if each estimated Impact on Availability of Affected conducting the described construction taking occurred to a new individual. Species for Taking for Subsistence Uses activities in Mayport, FL, for one year This is an extremely unlikely scenario There are no relevant subsistence uses from the date of issuance, provided the as, for bottlenose dolphins in estuarine of marine mammals implicated by this previously described mitigation, and nearshore waters, there is likely to action. Therefore, we have determined monitoring, and reporting requirements be some overlap in individuals present that the total taking of affected species are incorporated. day-to-day. or stocks would not have an unmitigable The total number of authorized takes Dated: September 9, 2015. adverse impact on the availability of Donna S. Wieting, for bottlenose dolphins, if assumed to such species or stocks for taking for Director, Office of Protected Resources, accrue solely to new individuals of the subsistence purposes. JES stock, is higher relative to the total National Marine Fisheries Service. stock abundance, which is currently Endangered Species Act (ESA) [FR Doc. 2015–23174 Filed 9–15–15; 8:45 am] considered unknown. However, these No marine mammal species listed BILLING CODE 3510–22–P numbers represent the estimated under the ESA are expected to be incidents of take, not the number of affected by these activities. Therefore, DEPARTMENT OF COMMERCE individuals taken. That is, it is highly we have determined that section 7 likely that a relatively small subset of consultation under the ESA are not National Oceanic and Atmospheric JES bottlenose dolphins would be required. Administration harassed by project activities. JES bottlenose dolphins range from National Environmental Policy Act RIN 0648–XE177 Cumberland Sound at the Georgia- (NEPA) Florida border south to approximately In compliance with the National Pacific Fishery Management Council; Palm Coast, Florida, an area spanning Environmental Policy Act of 1969 (42 Public Meeting over 120 linear km of coastline and U.S.C. 4321 et seq.), as implemented by AGENCY: National Marine Fisheries including habitat consisting of complex the regulations published by the Service (NMFS), National Oceanic and inshore and estuarine waterways. JES Council on Environmental Quality (40 Atmospheric Administration (NOAA), dolphins, divided by Caldwell (2001) CFR parts 1500–1508), the Navy Commerce. into Northern and Southern groups, prepared an Environmental Assessment ACTION: Notice; public meeting. show strong site fidelity and, although (EA) to consider the direct, indirect and members of both groups have been cumulative effects to the human SUMMARY: The Pacific Fishery observed outside their preferred areas, it environment resulting from the pier Management Council’s (Pacific Council) is likely that the majority of JES maintenance project. NMFS made the Groundfish Management Team (GMT) dolphins would not occur within waters Navy’s EA available to the public for will hold a work session that is open to ensonified by project activities. Further, review and comment, in relation to its the public.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55607

DATES: The GMT meeting will be held DEPARTMENT OF COMMERCE • The committee functions solely as Monday, October 5, 2015, at 1 p.m. until an advisory body under the FACA. business for the day is completed. The Patent and Trademark Office Members are appointed to the GMT meeting will reconvene Tuesday, [Docket No.: PTO–C–2015–0054] approximately 12-member committee October 6 through Friday, October 9, for a term of three years. At the 2015, from 8:30 a.m. until business for National Medal of Technology and conclusion of the three-year term, a each day has been completed. Innovation Nomination Evaluation member may be eligible for appointment Committee to one additional term, pending ADDRESSES: The meeting will be held at advisory committee needs. Selection of the Pacific Council Office, Large AGENCY: United States Patent and membership is made in accordance with Conference Room, 7700 NE Ambassador Trademark Office, Commerce. applicable Department of Commerce Place, Suite 101, Portland, OR 97220– ACTION: Notice and request for guidelines. 1384, telephone: (503) 820–2280. nominations for the National Medal of • Members are responsible for Council address: Pacific Council, Technology and Innovation Nomination reviewing nominations and making 7700 NE Ambassador Place, Suite 101, Evaluation Committee. recommendations for the Nation’s Portland, OR 97220–1384. highest honor for technological SUMMARY: The Department of Commerce innovation, awarded periodically by the FOR FURTHER INFORMATION CONTACT: Ms. (United States Patent and Trademark President of the United States. Members Kelly Ames, Pacific Council; telephone: Office) is requesting nominations of of the committee must have an (503) 820–2426. individuals to serve on the National understanding of, and experience in, Medal of Technology and Innovation developing and utilizing technological SUPPLEMENTARY INFORMATION: The Nomination Evaluation Committee. The innovation and/or be familiar with the primary purpose of the GMT meeting United States Patent and Trademark education, training, employment and will be to develop recommendations for Office will consider all timely management of technological consideration by the Pacific Council at nominations received in response to this manpower. its November 13–19, 2015 meeting in notice as well as from other sources. • The Department is seeking Garden Grove, CA. Specific agenda DATES: To ensure full consideration, additional nominations of candidates topics include the development of the nominations must be postmarked, faxed from small, medium-sized, and large 2017–18 harvest specifications and or electronically transmitted no later businesses and academia, with expertise management measures including stock than October 16, 2015. in sub-sectors of the technology assessments and rebuilding analyses. enterprise, including: Medical The GMT may also address other ADDRESSES: Nominations must be submitted to, Program Manager, Innovations/Bioengineering and groundfish agenda items scheduled for Biomedical Technology; Technology the November Council meeting. No National Medal of Technology and Innovation Program, United States Management/Computing/IT/ management actions will be decided by Manufacturing Innovation; Patent and Trademark Office, P.O. Box the GMT. Public comment will be Technological Manpower/Workforce 1450, Alexandria, Virginia 22313–1450. accommodated if time allows, at the Training/Education. Under the FACA, Nominations also may be submitted via discretion of the GMT Chair. membership on a committee must be fax: (571) 273–9821 or by electronic balanced in background and expertise. Although non-emergency issues not mail to: [email protected]. contained in the meeting agenda may be In order to maximize the balance of FOR FURTHER INFORMATION CONTACT: John background and expertise on the current discussed, those issues may not be the Palafoutas, Program Manager, National subject of formal action during these committee, nominations of individuals Medal of Technology and Innovation with backgrounds in the following areas meetings. Action will be restricted to Program, United States Patent and those issues specifically listed in this are particularly sought: Computer Trademark Office, P.O. Box 1450, science, information technology, and document and any issues arising after Alexandria, Virginia 22313–1450, publication of this document that medicine. telephone (571) 272–9821, or electronic • Committee members generally are require emergency action under section mail: [email protected]. Chief Executive Officers or former Chief 305(c) of the Magnuson-Stevens Fishery SUPPLEMENTARY INFORMATION: Executive Officers; former winners of Conservation and Management Act, the National Medal of Technology and provided the public has been notified of Background Innovation; presidents or distinguished the intent to take final action to address The National Medal of Technology faculty of universities; or senior the emergency. and Innovation Nomination Evaluation executives of non-profit organizations. Special Accommodations Committee was established in As such, they not only offer the stature accordance with the Federal Advisory of their positions but also possess The meetings are physically Committee Act (FACA) (Title 5, United intimate knowledge of the forces accessible to people with disabilities. States Code, Appendix 2). The following determining future directions for their Requests for sign language provides information about the organizations and industries. The interpretation or other auxiliary aids committee and membership: committee as a whole is balanced in should be directed to Mr. Kris • Committee members are appointed representing geographical, professional, Kleinschmidt at (503) 820–2425 at least by and serve at the discretion of the and diverse interests. 5 days prior to the meeting date. Secretary of Commerce. The committee provides advice to the Secretary on the Nomination Information Dated: September 11, 2015. implementation of Section 12 of the • Nominees must be United States Tracey L. Thompson, Stevenson-Wydler Technology citizens, must be able to fully Acting Deputy Director, Office of Sustainable Innovation Act of 1980, Public Law 96– participate in meetings pertaining to the Fisheries, National Marine Fisheries Service. 480 (15 U.S.C. 3711), as amended by review and selection of finalists for the [FR Doc. 2015–23261 Filed 9–15–15; 8:45 am] Public Law 110–69, Title I, § 1003, National Medal of Technology and BILLING CODE 3510–22–P August 9, 2007. Innovation, and must uphold the

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55608 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

confidential nature of an independent the Bureau’s Web site matters related to the Bureau’s functions peer review and competitive selection (www.consumerfinance.gov). (4) The under the Dodd-Frank Act. process. Bureau may close to the public a portion II. Agenda • The United States Patent and of any meeting, for confidential Trademark Office is committed to equal discussion. If the Bureau closes a The Community Bank Advisory opportunity in the workplace and seeks meeting or any portion of a meeting, the Council will discuss consumer a broad-based and diverse committee Bureau will issue, at least annually, a challenges in payments. membership. summary of the Council’s activities Persons who need a reasonable • Committee members are Special during such closed meetings or portions accommodation to participate should Government Employees within the of meetings. contact [email protected], meaning of Section 202 of Title 18, DATES: The meeting date is Wednesday, 202–435–9EEO, 1–855–233–0362, or United States Code. Each member will September 30, 3 p.m. to 4:30 p.m. 202–435–9742 (TTY) at least ten be required to file a confidential Eastern Daylight Time. business days prior to the meeting or financial disclosure form within thirty ADDRESSES: The meeting location is event to request assistance. The request (30) days of appointment. 5 CFR Consumer Financial Protection Bureau, must identify the date, time, location, 2634.201(b). 1275 First Street NE., Washington, DC and title of the meeting or event, the Dated: September 10, 2015. 20002. nature of the assistance requested, and Michelle K. Lee, contact information for the requester. FOR FURTHER INFORMATION CONTACT: CFPB will strive to provide, but cannot Under Secretary of Commerce for Intellectual Crystal Dully, Consumer Advisory Property and Director of the United States guarantee that accommodation will be Board & Councils, External Affairs, 1275 provided for late requests. Patent and Trademark Office. First Street NE., Washington, DC 20002; [FR Doc. 2015–23253 Filed 9–15–15; 8:45 am] _ Individuals who wish to attend the telephone: 202–435–9588; CFPB CAB Community Bank Advisory Council BILLING CODE 3510–16–P [email protected]. meeting must RSVP to cfpb_caband SUPPLEMENTARY INFORMATION: [email protected] by noon, BUREAU OF CONSUMER FINANCIAL I. Background Tuesday, September 29, 2015. Members of the public must RSVP by the due date PROTECTION Section 1014(a) of the Dodd-Frank and must include ‘‘CBAC’’ in the subject Wall Street Reform and Consumer line of the RSVP. Community Bank Advisory Council Protection Act (http://www.sec.gov/ Meeting about/laws/wallstreetreform-cpa.pdf) III. Availability AGENCY: Bureau of Consumer Financial (Dodd-Frank Act) provides: ‘‘The The Council’s agenda will be made Protection. Director shall establish a Community available to the public on Monday, ACTION: Notice of public meeting. Bank Advisory Board to advise and September 14, 2015, via consult with the Bureau in the exercise consumerfinance.gov. Individuals SUMMARY: This notice sets forth the of its functions under the Federal should express in their RSVP if they announcement of a public meeting of consumer financial laws, and to provide require a paper copy of the agenda. the Community Bank Advisory Council information on emerging practices in A recording and transcript of this (CBAC or Council) of the Consumer the consumer financial products or meeting will be available after the Financial Protection Bureau (Bureau). services industry, including regional meeting on the CFPB’s Web site The notice also describes the functions trends, concerns, and other relevant consumerfinance.gov. of the Council. Notice of the meeting is information.’’ 12 U.S.C. 5494. permitted by Section 9 of the CBAC (a) The purpose of the Council is Dated: September 11, 2015. Charter and is intended to notify the outlined in Section 1014(a) of the Dodd- Christopher D’Angelo, public of this meeting. Specifically, Frank Act (http://www.sec.gov/about/ Chief of Staff, Bureau of Consumer Financial Section 9(d) of the CBAC Charter states: laws/wallstreetreform-cpa.pdf), which Protection. (1) Each meeting of the Council shall states that the Council shall ‘‘advise and [FR Doc. 2015–23281 Filed 9–15–15; 8:45 am] be open to public observation, to the consult with the Bureau in the exercise BILLING CODE 4810–AM–P extent that a facility is available to of its functions under the Federal accommodate the public, unless the consumer financial laws’’ and ‘‘provide Bureau, in accordance with paragraph information on emerging practices in DEPARTMENT OF ENERGY (4) of this section, determines that the the consumer financial products or meeting shall be closed. The Bureau services industry, including regional Federal Energy Regulatory also will make reasonable efforts to trends, concerns, and other relevant Commission make the meetings available to the information.’’ (b) To carry out the public through live recording. (2) Notice Council’s purpose, the scope of its Combined Notice of Filings #2 of the time, place and purpose of each activities shall include providing Take notice that the Commission meeting, as well as a summary of the information, analysis, and received the following electric rate proposed agenda, shall be published in recommendations to the Bureau. The filings: the Federal Register not more than 45 Council will generally serve as a vehicle Docket Numbers: ER13–1667–001; or less than 15 days prior to the for market intelligence and expertise for ER14–964–002; ER14–965–002. scheduled meeting date. Shorter notice the Bureau. Its objectives will include Applicants: Battery Utility of Ohio, may be given when the Bureau identifying and assessing the impact on LLC, Pleasant Valley Wind, LLC, Border determines that the Council’s business consumers and other market Winds Energy, LLC. so requires; in such event, the public participants of new, emerging, and Description: Notice of Change in will be given notice at the earliest changing products, practices, or Status of Battery Utility of Ohio, LLC, et practicable time. (3) Minutes of services. (c) The Council will also be al. meetings, records, reports, studies, and available to advise and consult with the Filed Date: 9/9/15. agenda of the Council shall be posted on Director and the Bureau on other Accession Number: 20150909–5169.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55609

Comments Due: 5 p.m. ET 9/30/15. clicking on the links or querying the government in the Sunshine Act (Pub. Docket Numbers: ER15–2630–000. docket number. L. 94–409), 5 U.S.C. 552b: Applicants: Southern California Any person desiring to intervene or AGENCY HOLDING MEETING: Federal Edison Company. protest in any of the above proceedings Energy Regulatory Commission. Description: Section 205(d) Rate must file in accordance with Rules 211 Filing: Amendments to GIA and Service and 214 of the Commission’s DATE AND TIME: September 17, 2015 Agreement to be effective 9/10/2015. Regulations (18 CFR 385.211 and 10:00 a.m. Filed Date: 9/9/15. 385.214) on or before 5:00 p.m. Eastern Accession Number: 20150909–5140. PLACE: Room 2C, 888 First Street NE., Comments Due: 5 p.m. ET 9/30/15. time on the specified comment date. Washington, DC 20426. Protests may be considered, but Docket Numbers: ER15–2631–000. STATUS: Open. Applicants: Odell Wind Farm, LLC. intervention is necessary to become a party to the proceeding. Description: Baseline eTariff Filing: MATTERS TO BE CONSIDERED: Agenda. Application for Market-Based Rate eFiling is encouraged. More detailed Note—Items listed on the agenda may Tariff, Blanket Approval and Waivers to information relating to filing be deleted without further notice. be effective 11/9/2015. requirements, interventions, protests, Filed Date: 9/9/15. service, and qualifying facilities filings CONTACT PERSON FOR MORE INFORMATION: Accession Number: 20150909–5152. can be found at: http://www.ferc.gov/ Kimberly D. Bose, Secretary, Telephone Comments Due: 5 p.m. ET 9/30/15. docs-filing/efiling/filing-req.pdf. For (202) 502–8400. Docket Numbers: ER15–2632–000. other information, call (866) 208–3676 For a recorded message listing items Applicants: Arizona Public Service (toll free). For TTY, call (202) 502–8659. struck from or added to the meeting, call Company. (202) 502–8627. Description: Section 205(d) Rate Dated: September 9, 2015. Filing: Rate Schedule No. 217 Exhibit B Nathaniel J. Davis, Sr., This is a list of matters to be Revisions to be effective 11/10/2015. Deputy Secretary. considered by the Commission. It does Filed Date: 9/9/15. [FR Doc. 2015–23181 Filed 9–15–15; 8:45 am] not include a listing of all documents Accession Number: 20150909–5153. BILLING CODE 6717–01–P relevant to the items on the agenda. All Comments Due: 5 p.m. ET 9/30/15. public documents, however, may be Docket Numbers: ER15–2633–000. viewed on line at the Commission’s Applicants: Entergy Services, Inc. DEPARTMENT OF ENERGY Web site at http://www.ferc.gov using Description: Section 205(d) Rate the eLibrary link, or may be examined Filing: Entergy Services, Inc., Service Federal Energy Regulatory in the Commission’s Public Reference Agreements to be effective 11/8/2015. Commission Filed Date: 9/9/15. Room. Accession Number: 20150909–5156. Sunshine Act Meeting Notice Comments Due: 5 p.m. ET 9/30/15. The filings are accessible in the The following notice of meeting is Commission’s eLibrary system by published pursuant to section 3(a) of the 1019TH—MEETING [Regular meeting; September 17, 2015; 10:00 a.m.]

Item No. Docket No. Company

ADMINISTRATIVE

A–1 ...... AD02–1–000 ...... Agency Business Matters. A–2 ...... AD02–7–000 ...... Customer Matters, Reliability, Security and Market Operations. A–3 ...... AD15–14–000 ...... Winter 2015–2016 Operations and Market Performance in Regional Transmission Or- ganizations and Independent System Operators. ER14–2242–001 ...... Old Dominion Electric Cooperative. ER15–623–004, ER15–623–005, ER15– PJM Interconnection, L.L.C. 623–006, ER15–623–007. ER15–1825–000 ...... California Independent System Operator Corp. ER15–2208–000 ...... ISO New England Inc. ER15–2256–000 ...... Midcontinent Independent System Operator, Inc. ER15–2260–001 ...... PJM Interconnection, L.L.C. ER15–2377–000 ...... Southwest Power Pool, Inc. ER14–2419–003 ...... ISO New England Inc. EL14–22–000 ...... California Independent System Operator Corp. EL14–45–001 ...... Duke Energy Corporation v. PJM Interconnection, L.L.C. EL14–52–001, EL14–52–002 ...... ISO New England. EL15–29–003, EL15–29–004 ...... PJM Interconnection, L.L.C.

ELECTRIC

E–1 ...... RM15–24–000 ...... Settlement Intervals and Shortage Pricing in Markets Operated by Regional Trans- mission Organizations and Independent System Operators. E–2 ...... RM15–23–000 ...... Collection of Connected Entity Data from Regional Transmission Organizations and Independent System Operators. E–3 ...... RM15–25–000 ...... Availability of Certain North American Electric Reliability Corporation Databases to the Commission. E–4 ...... RM15–4–000 ...... Disturbance Monitoring and Reporting Requirements Reliability Standard.

VerDate Sep<11>2014 19:04 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55610 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

1019TH—MEETING—Continued [Regular meeting; September 17, 2015; 10:00 a.m.]

Item No. Docket No. Company

E–5 ...... RM15–9–000 ...... Protection System, Automatic Reclosing, and Sudden Pressure Relaying Maintenance Reliability Standard. E–6 ...... RM15–8–000 ...... Relay Performance During Stable Power Swings Reliability Standard. E–7 ...... ER14–2952–003, ER14–2952–004, ER14– Midcontinent Independent System Operator, Inc. 1243–004, ER14–1725–001, ER14– 2180–001. E–8 ...... ER15–2237–000 ...... Kanstar Transmission, LLC. E–9 ...... ER15–2236–000 ...... Midwest Power Transmission Arkansas, LLC. E–10 ...... EL15–65–000 ...... Southline Transmission, L.L.C., SU FERC, L.L.C. E–11 ...... QM15–2–001 ...... Northern States Power Company, a Minnesota corporation. E–12 ...... EF15–9–000 ...... Bonneville Power Administration. E–13 ...... EL14–38–001 ...... Sunflower Electric Power Corporation v. Kansas Municipal Energy Agency and South- west Power Pool, Inc. E–14 ...... RM13–18–000 ...... Statement of Policy on Electric Transmission Rates of Return on Equity. E–15 ...... ER05–6–118 ...... Midwest Independent Transmission System Operator, Inc. ER10–2283–000, ER10–2283–001 ...... Midwest Independent Transmission System Operator, Inc. EL04–135–120 ...... Midwest Independent Transmission System Operator, Inc., PJM Interconnection, LLC. EL02–111–139 ...... Midwest Independent Transmission System Operator, Inc., PJM Interconnection, LLC. EL03–212–134 ...... Ameren Services Company. E–16 ...... ER15–1809–000 ...... ATX Southwest, LLC.

MISCELLANEOUS

M–1 ...... RM14–2–001 ...... Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Pub- lic Utilities.

GAS

G–1 ...... OR12–4–001 ...... Enterprise Products Partners L.P. and Enbridge Inc. G–2 ...... OR15–6–000 ...... Seaway Crude Pipeline Company LLC.

HYDRO

H–1 ...... Omitted. H–2 ...... P–5–100 ...... Confederated Salish and Kootenai Tribes Energy Keepers, Incorporated.

CERTIFICATES

C–1 ...... CP15–133–000 ...... Columbia Gas Transmission, LLC. CP15–146–000 ...... Mountaineer Gas Company. C–2 ...... CP15–109–000 ...... Columbia Gulf Transmission, LLC.

Issued: September 10, 2015. will not be telecast through the Capitol Applicants: SunE Solar XVII Project3, Kimberly D. Bose, Connection service. LLC. Secretary. [FR Doc. 2015–23324 Filed 9–14–15; 11:15 am] Description: Application for BILLING CODE 6717–01–P Authorization Under Section 203 of the A free webcast of this event is available Federal Power Act and Request for through www.ferc.gov. Anyone with Internet Waivers, Confidential Treatment, access who desires to view this event can do DEPARTMENT OF ENERGY Expedited Action and Shortened so by navigating to www.ferc.gov’s Calendar Comment Period of SunE Solar XVII of Events and locating this event in the Federal Energy Regulatory Project3, LLC. Calendar. The event will contain a link to its Commission Filed Date: 9/8/15. webcast. The Capitol Connection provides Accession Number: 20150908–5302. technical support for the free webcasts. It Combined Notice of Filings #1 Comments Due: 5 p.m. ET 9/29/15. also offers access to this event via television in the DC area and via phone bridge for a fee. Take notice that the Commission Take notice that the Commission If you have any questions, visit received the following electric corporate received the following electric rate www.CapitolConnection.org or contact filings: filings: Danelle Springer or David Reininger at 703– Docket Numbers: EC14–112–001. Docket Numbers: ER14–1097–001. 993–3100. Applicants: Talen Energy Applicants: Entergy Arkansas, Inc. Immediately following the conclusion of Corporation. Description: Compliance filing: EAI the Commission Meeting, a press briefing Description: Motion of Talen Energy Compliance Filing of Executed WDS will be held in the Commission Meeting Corporation to Amend Mitigation Plan Agreements to be effective 1/1/2015. Room. Members of the public may view this and Request for Extended Comment Filed Date: 9/8/15. briefing in the designated overflow room. Period. Accession Number: 20150908–5270. This statement is intended to notify the Filed Date: 9/8/15. Comments Due: 5 p.m. ET 9/29/15. public that the press briefings that follow Accession Number: 20150908–5278. Docket Numbers: ER15–2455–001. Commission meetings may now be viewed Comments Due: 5 p.m. ET 9/29/15. Applicants: Koch Energy Services, remotely at Commission headquarters, but Docket Numbers: EC15–204–000. LLC.

VerDate Sep<11>2014 19:04 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55611

Description: Tariff Amendment: Description: Section 205(d) Rate Comments Due: 5 p.m. ET 9/21/15. Supplement to Application for Market- Filing: 3051 Empire District and Kansas Docket Numbers: RP15–1261–000. Based Rate Authorization to be effective Gas and Electric Interconnection Applicants: Gulf South Pipeline 10/1/2015. Agreement to be effective 12/31/9998. Company, LP. Filed Date: 9/8/15. Filed Date: 9/9/15. Description: § 4(d) Rate Filing: Neg Accession Number: 20150908–5267. Accession Number: 20150909–5047. Rate Agmt Filing (BP 30442) to be Comments Due: 5 p.m. ET 9/29/15. Comments Due: 5 p.m. ET 9/30/15. effective 9/5/2015. Docket Numbers: ER15–2623–000. The filings are accessible in the Filed Date: 9/8/15. Applicants: Nevada Power Company. Commission’s eLibrary system by Accession Number: 20150908–5237. Description: Section 205(d) Rate clicking on the links or querying the Comments Due: 5 p.m. ET 9/21/15. Filing: Rate Schedule No. 149 & 150 docket number. The filings are accessible in the NPC/DesertLink O&M and LSA together Any person desiring to intervene or Commission’s eLibrary system by HAE to be effective 1/1/9998. protest in any of the above proceedings clicking on the links or querying the Filed Date: 9/8/15. must file in accordance with Rules 211 docket number. Accession Number: 20150908–5261. and 214 of the Commission’s Any person desiring to intervene or Comments Due: 5 p.m. ET 9/29/15. Regulations (18 CFR 385.211 and protest in any of the above proceedings must file in accordance with Rules 211 Docket Numbers: ER15–2624–000. 385.214) on or before 5:00 p.m. Eastern and 214 of the Commission’s Applicants: Ameren Illinois time on the specified comment date. Regulations (18 CFR § 385.211 and Company. Protests may be considered, but § 385.214) on or before 5:00 p.m. Eastern Description: Tariff Cancellation: intervention is necessary to become a time on the specified date(s). Protests Notices of Cancellation for Rate party to the proceeding. may be considered, but intervention is Schedule Nos. 100, 101, and 102 to be eFiling is encouraged. More detailed necessary to become a party to the effective 7/13/2015. information relating to filing proceeding. Filed Date: 9/8/15. requirements, interventions, protests, eFiling is encouraged. More detailed Accession Number: 20150908–5264. service, and qualifying facilities filings information relating to filing Comments Due: 5 p.m. ET 9/29/15. can be found at: http://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For requirements, interventions, protests, Docket Numbers: ER15–2625–000. other information, call (866) 208–3676 service, and qualifying facilities filings Applicants: Nevada Power Company. (toll free). For TTY, call (202) 502–8659. can be found at: http://www.ferc.gov/ Description: Section 205(d) Rate docs-filing/efiling/filing-req.pdf. For Dated: September 9, 2015. Filing: Rate Schedule No. 117 1st other information, call (866) 208–3676 Amded Restated Agr. NPC/SPPC/Great Nathaniel J. Davis, Sr., (toll free). For TTY, call (202) 502–8659. Basin South to be effective 1/1/9998. Deputy Secretary. Dated: September 9, 2015. Filed Date: 9/8/15. [FR Doc. 2015–23180 Filed 9–15–15; 8:45 am] Nathaniel J. Davis, Sr., Accession Number: 20150908–5269. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 9/29/15. Deputy Secretary. Docket Numbers: ER15–2626–000. [FR Doc. 2015–23206 Filed 9–15–15; 8:45 am] Applicants: ISO New England Inc. DEPARTMENT OF ENERGY BILLING CODE 6717–01–P Description: ISO New England Inc. submits correction of zonal location for Federal Energy Regulatory the Holliston resource. Commission DEPARTMENT OF ENERGY Filed Date: 9/8/15. Combined Notice of Filings Federal Energy Regulatory Accession Number: 20150908–5271. Commission Comments Due: 5 p.m. ET 9/29/15. Take notice that the Commission has Docket Numbers: ER15–2627–000. received the following Natural Gas [Docket No. EL15–99–000] Applicants: Midcontinent Pipeline Rate and Refund Report filings: Internal MISO Generation v. Independent System Operator, Inc. Filings Instituting Proceedings Midcontinent Independent System Description: Notice of Termination of Operator, Inc.; Notice of Complaint the Transmission Interconnection Docket Numbers: PR15–38–001. Agreement of Midcontinent Applicants: SourceGas Distribution Take notice that on September 4, Independent System Operator, Inc. LLC. 2015, pursuant to sections 206 and 306 Description: Submits tariff filing per Filed Date: 9/8/15. of the Federal Power Act (FPA), 16 284.123(b), (e), (g): Amended Statement Accession Number: 20150908–5274. U.S.C. 824(e) and 825(e) and Rules 206 of Operating Conditions to be effective Comments Due: 5 p.m. ET 9/29/15. and 212 of the Federal Energy 6/1/2015; Filing Type: 1270. Regulatory Commission’s (Commission) Docket Numbers: ER15–2628–000. Filed Date: 8/31/15. Applicants: ISO New England Inc., Accession Number: 20150831–5314. Rules of Practice and Procedures, 18 New England Power Pool Participants Comments Due: 5 p.m. ET 9/21/15. CFR 385.206, and 18 CFR 385.212 Committee. 284.123(g) Protests Due: 5 p.m. ET (2015), Internal MISO Generation 1 Description: Section 205(d) Rate 9/21/15. (Complainant) filed a complaint against Midcontinent Independent Filing: Revisions to Market Rule 1 Docket Numbers: RP15–1260–000. System Operator, Inc. (MISO or Related to Resource Auditing to be Applicants: Pine Prairie Energy Respondent) and a motion for interim effective 12/1/2015. Center, LLC. Filed Date: 9/9/15. Description: § 4(d) Rate Filing: Pine relief and Order No. 602–A. Accession Number: 20150909–5046. Prairie Energy Center, LLC—Filing of Complainant alleges that: (1) MISO’s Comments Due: 5 p.m. ET 9/30/15. Tariff Modifications to be effective 10/ 1 ‘‘Internal MISO Generation’’ is comprised of Docket Numbers: ER15–2629–000. 19/2015. EDF Renewable Energy, Inc., E.ON Climate & Applicants: Southwest Power Pool, Filed Date: 9/8/15. Renewables North America, LLC and Invenergy Inc. Accession Number: 20150908–5109. LLC.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55612 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

refusal to require generation external to ENVIRONMENTAL PROTECTION permit record will be accepted at the MISO to pay the M2 Milestone Payment AGENCY public meetings. Public notice of the in order to be studied by MISO and (2) extension of the public comment period [FRL–9934–02–Region 6] MISO’s refusal to identify the terms and and rescheduling of the public meetings conditions that will be in the service Draft National Pollutant Discharge will also be provided in The Sun News, agreement with external generation is Elimination System (NPDES) General Albuquerque Journal, The Santa Fe New unjust, unreasonable and unduly Permit for Small Municipal Separate Mexican, and The Farmington Daily discriminatory and preferential, as more Storm Sewer Systems in New Mexico Times prior to or concurrent with fully explained in the Complaint. (NMR040000) today’s notice. El Paso Urbanized Area Meeting: Complainant certifies that a copy of AGENCY: Environmental Protection Date and Time: Monday November 16, the complaint and motion has been Agency (EPA). 2015 from 1:00 p.m.–2:30 p.m. MST served on the contacts for the MISO as ACTION: Notice of extension of public Location: New Mexico State University listed on the Commission’s list of comment period and rescheduling of Dona Ana Community College-Sunland Corporate Officials on its Web site. public meetings. Park Campus Any person desiring to intervene or to Room 102—Auditorium protest this filing must file in SUMMARY: On July 30, 2015, the 3365 McNutt Rd accordance with Rules 211 and 214 of Environmental Protection Agency (EPA) Sunland Park, NM 88063 the Commission’s Rules of Practice and Region 6 published a request for Las Cruces Urbanized Area Meeting: Procedure (18 CFR 385.211 and comments on a draft National Pollutant Date and Time: Monday November 16, 385.214). Protests will be considered by Discharge Elimination System (NPDES) 2015 from 6:00 p.m.–7:30 p.m. MST the Commission in determining the general permit for storm water Location: New Mexico State University appropriate action to be taken, but will discharges from small municipal Dona Ana Community College-East not serve to make protestants parties to separate storm sewer systems (MS4s) Mesa Campus located within the State of New Mexico the proceeding. Any person wishing to Student Resource Building except MS4s located in Indian lands, 2800 N. Sonoma Ranch Blvd. become a party must file a notice of Los Alamos County, the Middle Rio Las Cruces, NM 88003 intervention or motion to intervene, as Grande Sub-Watersheds described in Los Lunas Urbanized Area Meeting: appropriate. The Respondent’s answer Appendix A of the NPDES permit No. Date and Time: Tuesday November 17, and all interventions, or protests must NMR04A000, or within the area of 2015 from 6:00 p.m.–7:30 p.m. MST be filed on or before the comment date. another MS4 permit. This proposed Location: Holiday Inn Express Belen The Respondent’s answer, motions to permit offers discharge authorization to 2110 Camino del Llano intervene, and protests must be served regulated small MS4s within the Belen, NM 87002 on the Complainants. boundaries of the Bureau of the Census- Santa Fe Urbanized Area Meeting: The Commission encourages designated 2000 and 2010 Farmington, Date and Time: Wednesday November electronic submission of protests and Santa Fe, Los Lunas, Las Cruces and El 18, 2015 from 6:00 p.m.–7:30 p.m. interventions in lieu of paper using the Paso Urbanized Areas and any other MST ‘‘eFiling’’ link at http://www.ferc.gov. small MS4s in the State of New Mexico Location: The Lodge at Santa Fe Persons unable to file electronically designated by the Director as needing a 750 N. St. Francis Dr. should submit an original and 5 copies MS4 permit, other than those primarily Santa Fe, NM 87501 of the protest or intervention to the located in Los Alamos. This permit is Farmington Urbanized Area Meeting: Federal Energy Regulatory Commission, intended to replace the expired general Date and Time: Thursday November 19, permit NMR040000. In the July 30, 888 First Street NE., Washington, DC 2015 at 6:00 p.m.–7:30 p.m. MST 2015, Federal Register notice, the 20426. Location: Courtyard Farmington Director also provided notice of public 560 Scott Ave This filing is accessible on-line at meetings to be held regarding the Farmington, NM 87401 http://www.ferc.gov, using the proposed general permit reissuance. Proposed Documents: The proposed ‘‘eLibrary’’ link and is available for EPA Region 6 is announcing today an general permit and fact sheet which sets review in the Commission’s Public extension of the public comment period forth principal facts and the significant Reference Room in Washington, DC. from October 28, 2015, to December 18, factual, legal, and policy questions There is an ‘‘eSubscription’’ link on the 2015, and rescheduling of public considered in the development of the Web site that enables subscribers to meetings from the week of September proposed general permit, may be receive email notification when a 14, 2015, to the week of November 16, obtained via the Internet at http:// document is added to a subscribed 2015. epa.gov/region6/water/npdes/sw/sms4/ docket(s). For assistance with any FERC DATES: Written comments must now be index.htm. A backup copy is also Online service, please email submitted in writing to EPA on or before available at the New Mexico [email protected], or call December 18, 2015. Environment Department Web site at (866) 208–3676 (toll free). For TTY, call New Locations and Dates for Public https://www.env.nm.gov/swqb/WQA/ (202) 502–8659. Meetings: EPA is rescheduling the five Notice/. To obtain hard copies of these informational public meetings Comment Date: 5:00 p.m. Eastern documents or any other information in announced in the July 30, 2015, Federal Time on September 24, 2015. the administrative record, please contact Register notice. The new locations and Ms. Evelyn Rosborough using the Dated: September 9, 2015. dates for the five informal public contact information provided below. Nathaniel J. Davis, Sr., meetings are listed below. The public How do I comment on this proposal? Deputy Secretary. meetings will include a presentation on [FR Doc. 2015–23182 Filed 9–15–15; 8:45 am] the proposed general permit and a Comment Submittals: Submit your question and answer session. Written, comments, by one of the following BILLING CODE 6717–01–P but not oral, comments for the official methods:

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55613

• Email: [email protected]. instructions for submitting comments. accordance with procedures set forth in • Mail: Ms. Evelyn Rosborough, U.S. Do not submit electronically any 40 CFR part 2. Environmental Protection Agency, information you consider to be 2. Tips for preparing your comments. Region 6, 1445 Ross Avenue, Dallas, Confidential Business Information (CBI) When preparing and submitting your Texas 75202–2733. or other information whose disclosure is comments, see the commenting tips at Administrative Record: The proposed restricted by statute. http://www.epa.gov/dockets/ general permit and other related • Mail: Document Control Office comments.html. documents in the administrative record (7407M), Office of Pollution Prevention II. What action is the Agency taking? are on file and may be inspected any and Toxics (OPPT), Environmental time between 8:00 a.m. and 4:30 p.m., Protection Agency, 1200 Pennsylvania This document provides receipt and Monday through Friday, excluding legal Ave. NW., Washington, DC 20460–0001. status reports, which cover the period holidays, at the addresses listed for • Hand Delivery: To make special from July 1, 2015 to July 30, 2015, and submission of comments. It is arrangements for hand delivery or consists of the PMNs and TMEs both recommended that you write or call to delivery of boxed information, please pending and/or expired, and the NOCs the contact above for an appointment, so follow the instructions at http:// to manufacture a new chemical that the the record(s) will be available at your www.epa.gov/dockets/contacts.html. Agency has received under TSCA convenience. Additional instructions on section 5 during this time period. FOR FURTHER INFORMATION CONTACT: Ms. commenting or visiting the docket, III. What is the Agency’s authority for Evelyn Rosborough, U.S. Environmental along with more information about taking this action? Protection Agency, Region 6, 1445 Ross dockets generally, is available at Under TSCA, 15 U.S.C. 2601 et seq., Avenue, Dallas, Texas 75202–2733. http://www.epa.gov/dockets. EPA classifies a chemical substance as Telephone: (214) 655–7515. Email FOR FURTHER INFORMATION CONTACT: For either an ‘‘existing’’ chemical or a address: [email protected]. technical information contact: Jim ‘‘new’’ chemical. Any chemical Dated: September 2, 2015. Rahai, IMD (7407M), Office of Pollution substance that is not on EPA’s TSCA William K. Honker, Prevention and Toxics, Environmental Inventory is classified as a ‘‘new Director, Water Quality Protection Division, Protection Agency, 1200 Pennsylvania chemical,’’ while those that are on the EPA Region 6. Ave. NW., Washington, DC 20460–0001; TSCA Inventory are classified as an [FR Doc. 2015–23175 Filed 9–15–15; 8:45 am] telephone number: (202) 564–8593; ‘‘existing chemical.’’ For more BILLING CODE 6560–50–P email address: [email protected]. information about the TSCA Inventory For general information contact: The go to: http://www.epa.gov/opptintr/ TSCA–Hotline, ABVI–Goodwill, 422 newchems/pubs/inventory.htm. ENVIRONMENTAL PROTECTION South Clinton Ave., Rochester, NY Anyone who plans to manufacture or AGENCY 14620; telephone number: (202) 554– import a new chemical substance for a 1404; email address: TSCA-Hotline@ non-exempt commercial purpose is [EPA–HQ–OPPT–2015–0502; FRL–9933–34] epa.gov. required by TSCA section 5 to provide Certain New Chemicals; Receipt and SUPPLEMENTARY INFORMATION: EPA with a PMN, before initiating the Status Information for July 2015 activity. Section 5(h)(1) of TSCA I. General Information authorizes EPA to allow persons, upon AGENCY: Environmental Protection A. Does this action apply to me? application, to manufacture (includes Agency (EPA). import) or process a new chemical ACTION: Notice. This action is directed to the public substance, or a chemical substance in general. As such, the Agency has not subject to a significant new use rule SUMMARY: EPA is required under the attempted to describe the specific (SNUR) issued under TSCA section 5(a), Toxic Substances Control Act (TSCA) to entities that this action may apply to. for ‘‘test marketing’’ purposes, which is publish in the Federal Register a notice Although others may be affected, this referred to as a test marketing of receipt of a premanufacture notice action applies directly to the submitter exemption, or TME. For more (PMN); an application for a test of the PMNs addressed in this action. information about the requirements marketing exemption (TME), both applicable to a new chemical go to: pending and/or expired; and a periodic B. What should I consider as I prepare my comments for EPA? http://www.epa.gov/oppt/newchems. status report on any new chemicals Under TSCA sections 5(d)(2) and under EPA review and the receipt of 1. Submitting CBI. Do not submit this 5(d)(3), EPA is required to publish in notices of commencement (NOC) to information to EPA through the Federal Register a notice of receipt manufacture those chemicals. This regulations.gov or email. Clearly mark of a PMN or an application for a TME document covers the period from July 1, the part or all of the information that and to publish in the Federal Register 2015 to July 30, 2015. you claim to be CBI. For CBI periodic status reports on the new DATES: Comments identified by the information in a disk or CD–ROM that chemicals under review and the receipt specific PMN number or TME number, you mail to EPA, mark the outside of the of NOCs to manufacture those must be received on or before October disk or CD–ROM as CBI and then chemicals. 16, 2015. identify electronically within the disk or ADDRESSES: Submit your comments, CD–ROM the specific information that IV. Receipt and Status Reports identified by docket identification (ID) is claimed as CBI. In addition to one For the PMNs received by EPA during number EPA–HQ–OPPT–2015–0502, complete version of the comment that this period, Table 1 provides the and the specific PMN number or TME includes information claimed as CBI, a following information (to the extent that number for the chemical related to your copy of the comment that does not such information is not claimed as CBI): comment, by one of the following contain the information claimed as CBI The EPA case number assigned to the methods: must be submitted for inclusion in the PMN; the date the PMN was received by • Federal eRulemaking Portal: http:// public docket. Information so marked EPA; the projected end date for EPA’s www.regulations.gov. Follow the online will not be disclosed except in review of the PMN; the submitting

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55614 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

manufacturer/importer; the potential to indicate that the information information provided in the table is uses identified by the manufacturer/ provided in the table is the specific generic information because the specific importer in the PMN; and the chemical information provided by the submitter, information provided by the submitter identity. As used in the table, (S) is used and (G) is used to indicate that the was claimed as CBI.

TABLE 1—STATUS OF THE 85 PMNS RECEIVED FROM JULY 1 TO JULY 30, 2015

Projected Case No. Received notice end Manufacturer Chemical use Chemical identity date date importer

P–15–0564 ..... 7/1/2015 9/29/2015 CBI ...... (G) Polymer intermediate (G) Graft copolymer of polyolefin and polyamide. used in extrusion and moulding. P–15–0565 ..... 7/1/2015 9/29/2015 CBI ...... (G) Chemical inter- (G) Polymeric products of reactions of epoxy with mediate. organic acid and acrylic monomers, partially neutralized with dimethyl ethanolamine. P–15–0566 ..... 7/1/2015 9/29/2015 Allnex USA, Inc (S) Thickener for water- (G) Alkanedioic acid, polymer with substituted borne industrial coat- carbomonocycles, alkyl substituted alkanediol, ings. substituted alkanoic acid, and substituted alkanediamine, substituted alkanamine-blocked, compds. with alkylamine. P–15–0567 ..... 7/1/2015 9/29/2015 CBI ...... (G) UV cured coatings (G) Urethane acrylate. and inks. P–15–0568 ..... 7/1/2015 9/29/2015 DIC International (G) Adhesives ...... (G) Alicyclic polycarboxylic acid, polymer with alkyl (USA) LLC. methacrylate, alkyldiol, alkyldioic acid, polyalkyleneoxide, alkoxy methacrylate, aro- matic heterocyclic diketone, aromatic diisocyanate, heterocyclic ketone and dialkyleneglycol. P–15–0569 ..... 7/1/2015 9/29/2015 OMG Americas, (S) Wetting and disper- (G) Polyethylene glycol-,alkyl, amine-functionalized Inc. sion additive for paint polyurethane. and coating industry. P–15–0569 ..... 7/1/2015 9/29/2015 OMG Americas, (S) Wetting and Disper- (G) Polyethylene glycol-,alkyl, amine-functionalized Inc. sion additive for pig- polyurethane. ment manufacturers. P–15–0570 ..... 7/1/2015 9/29/2015 OMG Americas, (S) Wetting and Disper- (G) Polyethylene glycol-, fatty acid-, alkyl amine- Inc. sion additive for pig- functionalised polyurethane. ment manufacturers. P–15–0571 ..... 7/2/2015 9/30/2015 CBI ...... (S) Raw material used in (G) Potassium salt of organic acid. the manufacture of lu- bricants. P–15–0572 ..... 7/2/2015 9/30/2015 CBI ...... (S) Raw material used in (G) Mixed salts of organic acid. the manufacture of lu- bricants. P–15–0573 ..... 7/6/2015 10/4/2015 XF Technologies (S) Chemical inter- (S) 2-furancarboxyaldehyde, 5-(chloromethyl)- mediate for xF produc- tion. P–15–0574 ..... 7/7/2015 10/5/2015 CBI ...... (G) Separation mem- (G) 1,3-Isobenzofurandione, 5,5′-[2,2,2-trifluoro-1- brane. (trifluoromethyl) ethylidene]bis-, polymer with ar- omatic amines. P–15–0575 ..... 7/7/2015 10/5/2015 CBI ...... (G) Monomer for a poly- (G) Substituted [1,1′-biphenyl]. mer. P–15–0576 ..... 7/7/2015 10/5/2015 CBI...... (S) Additive/deflocculant (S) Modified acrylic polymer. for water-based deco- rative and industrial paints. P–15–0580 ..... 7/7/2015 10/5/2015 CBI ...... (G) Coating ...... (G) Cycloaliphatic epoxy. P–15–0581 ..... 7/7/2015 10/5/2015 CBI ...... (G) Oilfield chemical ad- (G) L-amino acid, homopolymer, carboxylate. ditive. P–15–0582 ..... 7/8/2015 10/6/2015 CBI ...... (G) Intermediate ...... (G) Doped Zirconium Oxide. P–15–0583 ..... 7/8/2015 10/6/2015 CBI ...... (G) Lubricant additive ..... (G) Butanedioic acid, alkyl amine, dimethylbutyl ester. P–15–0584 ..... 7/8/2015 10/6/2015 The Lewis (S) Foaming agent in in- (S) Amides, coco, n,n-bis(2-hydroxypropyl). Chemical dustrial or hard surface Company. cleaners. P–15–0585 ..... 7/9/2015 10/7/2015 CBI...... (S) Additive/deflocculant (S) Modified acrylic polymer. for water-based deco- rative and industrial paints. P–15–0586 ..... 7/9/2015 10/7/2015 Bostik, Inc...... (G) Adhesive ...... (G) Polyurethane. P–15–0587 ..... 7/9/2015 10/7/2015 Bostik, Inc...... (G) Adhesive ...... (G) Polyurethane polyol. P–15–0588 ..... 7/10/2015 10/8/2015 CBI ...... (G) Component of inkjet (G) Alkenoic acid, polymer with substituted ink. heteromonocycle, substituted carbomonocycle, 2-alkyl-2-hydroxyalkyl-1,3-alkanediol 1- alkylalkenyl carbomonocycle, alkali metal salt.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55615

TABLE 1—STATUS OF THE 85 PMNS RECEIVED FROM JULY 1 TO JULY 30, 2015—Continued

Projected Case No. Received notice end Manufacturer Chemical use Chemical identity date date importer

P–15–0589 ..... 7/10/2015 10/8/2015 CBI...... (G) Component of inkjet (S) 2-Propenoic acid, polymer with 2- ink. (chloromethyl)oxirane, ethenylbenzene, 2-ethyl- 2-(hydroxymethyl)-1,3-propanediol and (1- methylethenyl)benzene, potassium sodium salt. P–15–0590 ..... 7/10/2015 10/8/2015 CBI ...... (G) Component in an (G) 2-Propenoic acid, 2-methyl-, methyl ester, electrodeposition coat- polymer with butyl 2-propenoate, 2- ing. oxiranylmethyl 2-methyl-2-propenoate and 1,2- propanediol mono(2-methyl-2-propenoate), tert- Bu ethaneperoxoate-initiated, reaction products with dihydroxyalkyl sulfide, carboxylic acid salt. P–15–0591 ..... 7/10/2015 10/8/2015 CBI ...... (G) Component in an (G) 2-Propenoic acid, 2-methyl-, methyl ester, electrodeposition coat- polymer with butyl 2-propenoate, 2- ing. oxiranylmethyl 2-methyl-2-propenoate and 1,2- propanediol mono(2-methyl-2-propenoate), tert- Bu ethaneperoxoate-initiated, reaction products with hydroxyalkyl amine, carboxylic acid salt. P–15–0592 ..... 7/10/2015 10/8/2015 CBI ...... (G) Component in an (G) 2-Propenoic acid, 2-methyl-, methyl ester, electrodeposition coat- polymer with butyl 2-propenoate, ing. ethenylbenzene, 2-oxiranylmethyl 2-methyl-2- propenoate and 1,2-propanediol mono(2-methyl- 2-propenoate), tert-Bu ethaneperoxoate-initiated, reaction products with dihydroxyalkyl sulfide, carboxylic acid salt. P–15–0593 ..... 7/10/2015 10/8/2015 CBI ...... (G) Component in an (G) 2-Propenoic acid, 2-methyl-, methyl ester, electrodeposition coat- polymer with butyl 2-propenoate, ing. ethenylbenzene, 2-oxiranylmethyl 2-methyl-2- propenoate and 1,2-propanediol mono(2-methyl- 2-propenoate), tert-Bu ethaneperoxoate-initiated, reaction products with hydroxyalkyl amine, car- boxylic acid salt. P–15–0594 ..... 7/10/2015 10/8/2015 CBI ...... (G) Component in an (G) 2-Propenoic acid, 2-methyl-, methyl ester, electrodeposition coat- polymer with butyl 2-propenoate, 2- ing. oxiranylmethyl 2-methyl-2-propenoate and 1,2- propanediol mono(2-methyl-2-propenoate), tert- Bu ethaneperoxoate-initiated, reaction products with dihydroxyalkyl sulfide, carboxylic acid salt. P–15–0595 ..... 7/10/2015 10/8/2015 CBI ...... (G) Component in an (G) 2-Propenoic acid, 2-methyl-, methyl ester, electrodeposition coat- polymer with butyl 2-propenoate, 2- ing. oxiranylmethyl 2-methyl-2-propenoate and 1,2- propanediol mono(2-methyl-2-propenoate), tert- Bu ethaneperoxoate-initiated, reaction products with hydroxyalkyl amine, carboxylic acid salt. P–15–0596 ..... 7/10/2015 10/8/2015 CBI ...... (G) Intermediate ...... (G) Methyl alkaryl methyl hydrogen cyclosiloxanes. P–15–0597 ..... 7/10/2015 10/8/2015 CBI ...... (S) Dispersing agent for (G) Polyethylene glycol alkyl ether, sodium salt. use in paints, pig- ments, and coatings. P–15–0598 ..... 7/13/2015 10/11/2015 Allnex USA, Inc (S) Automotive basecoat. (G) Substituted alkanoic acid, polymer with sub- stituted polypropylene, substituted carbomonocyle, dialkyl carbonate, alkanediol and substituted carbopolycycle, compd. with dialkylamino alkanol. P–15–0599 ..... 7/13/2015 10/11/2015 CBI ...... (G) Adhesive ...... (G) Hetero substituted alkyl acrylate polymer. P–15–0600 ..... 7/14/2015 10/12/2015 CBI ...... (G) Plastics additive ...... (G) Poly(hydroxyalkanoate). P–15–0601 ..... 7/14/2015 10/12/2015 CBI ...... (G) Fluid loss control ad- (G) Acrylic-humic acid-based polymer. ditive. P–15–0602 ..... 7/14/2015 10/12/2015 CBI...... (G) Conductive material (G) Copolymer of tetrafluoroethene and Perfluorosulfonylvinylether. P–15–0603 ..... 7/14/2015 10/12/2015 CBI...... (G) Conductive material (G) Copolymer of tetrafluoroethene and Perfluorosulfonylvinylether. P–15–0605 ..... 7/14/2015 10/12/2015 Sasol Chemicals (S) Chemical inter- (S) Alkenes, C18–22, mixed with polyethylene, (USA) LLC. mediate for pour point oxidized, hydrolyzed, distn. residues, from C16– depressant production. 18 alcs. manuf. P–15–0605 ..... 7/14/2015 10/12/2015 Sasol Chemicals (S) Formulation of (S) Alkenes, C18–22, mixed with polyethylene, (USA) LLC. defoamers used in the oxidized, hydrolyzed, distn. residues, from C16– production of paper. 18 alcs. manuf. P–15–0606 ..... 7/14/2015 10/12/2015 Sasol Chemicals (S) Chemical inter- (S) Alkenes, C18–22, mixed with polyethylene, (USA) LLC. mediate for pour point oxidized, hydrolyzed, distn. residues, from C20– depressant production. 22 alcs. manuf. P–15–0607 ..... 7/14/2015 10/12/2015 CBI ...... (G) Initiator for polym- (G) 1,2,4,5,7,8-Hexoxonane, 3,6,9-trimethyl-,3,6,9- erization. tris(alkyl) derivs.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55616 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

TABLE 1—STATUS OF THE 85 PMNS RECEIVED FROM JULY 1 TO JULY 30, 2015—Continued

Projected Case No. Received notice end Manufacturer Chemical use Chemical identity date date importer

P–15–0608 ..... 7/15/2015 10/13/2015 CBI ...... (G) Tackifying compo- (G) Modified rosin polyol ester. nent of hot melt adhe- sive and traffic mark- ing formulations. P–15–0610 ..... 7/15/2015 10/13/2015 H.B. Fuller Com- (G) Industrial Adhesive .. (G) Aliphatic isocyanate with polyalkylene car- pany. bonate diol and 2-hea. P–15–0611 ..... 7/15/2015 10/13/2015 H.B. Fuller Com- (G) Industrial Adhesive .. (G) Aliphatic isocyanate with polyalkylene car- pany. bonate diol and 4-hba. P–15–0612 ..... 7/15/2015 10/13/2015 BrandWatch (S) Additive for brand (S) Sulfur thulium ytterbium yttrium oxide. Technologies. protection and anti- counterfeiting inks and polymers. P–15–0613 ..... 7/15/2015 10/13/2015 BrandWatch (S) Additive for brand (S) Gadolinium sulfur ytterbium yttrium oxide, Technologies. protection and anti- erbium- and thulium-doped. counterfeiting inks and polymers. P–15–0614 ..... 7/15/2015 10/13/2015 BrandWatch (S) Additive for brand (S) Neodymium sulfur yttrium oxide. Technologies. protection and anti- counterfeiting inks and polymers. P–15–0615 ..... 7/15/2015 10/13/2015 BrandWatch (S) Additive for brand (S) Erbium gadolinium neodymium sulfur ytterbium Technologies. protection and anti- yttrium oxide. counterfeiting inks and polymers. P–15–0616 ..... 7/15/2015 10/13/2015 BrandWatch (S) Additive for brand (S) Erbium gadolinium sulfur ytterbium yttrium Technologies. protection and anti- oxide. counterfeiting inks and polymers. P–15–0617 ..... 7/15/2015 10/13/2015 BrandWatch (S) Additive for brand (S) Erbium gadolinium ytterbium oxide. Technologies. protection and anti- counterfeiting inks and polymers. P–15–0618 ..... 7/15/2015 10/13/2015 BrandWatch (S) Additive for brand (S) Erbium gadolinium sulfur ytterbium oxide. Technologies. protection and anti- counterfeiting inks and polymers. P–15–0619 ..... 7/16/2015 10/14/2015 CBI ...... (S) Tackifier in traffic (G) Modified rosin polyol esters. striping preform formu- lations. P–15–0620 ..... 7/17/2015 10/15/2015 CBI ...... (G) Catalyst ...... (G) Doped zirconium oxide. P–15–0621 ..... 7/17/2015 10/15/2015 CBI ...... (G) Additive for plastics .. (G) Aromatic polyester. P–15–0623 ..... 7/17/2015 10/15/2015 CBI ...... (G) Epoxy hardener ...... (G) Nutshell liquid, polymer with alkylenediamine and formaldehyde, reaction products with phe- nol, 4,4′-(1-methylethylidene)bis-, polymer with 2-(chloromethyl)oxirane and fatty acids, poly- mers with polyalkylenepolyamine. P–15–0624 ..... 7/17/2015 10/15/2015 CBI ...... (S) Wetting and dis- (S) Modified urethane polymer. persing additive in in- dustrial and architec- tural coatings. P–15–0625 ..... 7/21/2015 10/19/2015 CBI ...... (G) Construction material (G) Naturally occurring minerals, reaction products with hetero substituted alkyl acrylate polymer. P–15–0625 ..... 7/21/2015 10/19/2015 CBI ...... (S) Construction fill ...... (G) Naturally occurring minerals, reaction products with hetero substituted alkyl acrylate polymer. P–15–0626 ..... 7/21/2015 10/19/2015 CBI ...... (G) Construction material (G) Naturally occurring minerals, reaction products with hetero substituted alkyl acrylate polymer. P–15–0627 ..... 7/21/2015 10/19/2015 CBI ...... (G) Construction material (G) Naturally occurring minerals, reaction products with hetero substituted alkyl acrylate polymer. P–15–0628 ..... 7/21/2015 10/19/2015 CBI ...... (G) Construction material (G) Naturally occurring minerals, reaction products with hetero substituted alkyl acrylate polymer. P–15–0630 ..... 7/22/2015 10/20/2015 CBI ...... (S) Epoxy curing agent.. (G) 2-Ethylhexanoic acid, compound with alkyamino cyclohexane. P–15–0632 ..... 7/22/2015 10/20/2015 CBI ...... (S) Salt for polymer ...... (G) Mixed amine salt. P–15–0633 ..... 7/23/2015 10/21/2015 Firmenich, Inc ... (G) As part of a fra- (S) 1(2H)-Naphthalenone,4-ethyloctahydro-8-meth- grance formula (dis- yl. persive use). P–15–0634 ..... 7/23/2015 10/21/2015 Firmenich, Inc. .. (G) As part of a fra- (S) Reaction mass of (3E)-4-(2,6,6- grance formula. trimethylcyclohex-1 or 2-en-1-yl)but-3-en-2-one and 4-(dodecylsulfanyl)-4-(2,6,6- trimethylcyclohex-1 or 2 -en-1-yl)butan-2-one.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55617

TABLE 1—STATUS OF THE 85 PMNS RECEIVED FROM JULY 1 TO JULY 30, 2015—Continued

Projected Case No. Received notice end Manufacturer Chemical use Chemical identity date date importer

P–15–0635 ..... 7/23/2015 10/21/2015 CBI ...... (G) In electronics, adhe- (G) Polymer of an aromatic olefin and one or more sives, and coatings substituted aromatic olefins. manufacture, or derivitized for these applications. P–15–0637 ..... 7/24/2015 10/22/2015 Takasago ...... (S) Fragrance in house- ((S) Cyclopropanemethanol, a,1-dimethyl-2-(1- hold products. phenylethyl)-. P–15–0637 ..... 7/24/2015 10/22/2015 Takasago ...... (S) Fragrance in a fine (S) Cyclopropanemethanol, a,1-dimethyl-2-(1- fragrance. phenylethyl)-. P–15–0637 ..... 7/24/2015 10/22/2015 Takasago ...... (S) Fragrance in con- (S) Cyclopropanemethanol, a,1-dimethyl-2-(1- sumer products. phenylethyl)-. P–15–0638 ..... 7/24/2015 10/22/2015 Cardolite Cor- (G) 100% Solids Epoxy (G) Cashew nutshell liquid polymer with poration. hardener for water epichlorhydrin, formaldehyde, phenol, amines borne epoxy coating and glycol. formulations. P–15–0645 ..... 7/27/2015 10/25/2015 CBI ...... (G) UV cured coatings (G) Urethane acrylate. and inks. P–15–0646 ..... 7/27/2015 10/25/2015 Gelest ...... (S) Research ...... (S) Silane, (3-chloropropyl)diethoxymethyl-. P–15–0646 ..... 7/27/2015 10/25/2015 Gelest ...... (S) Conversion to an (S) Silane, (3-chloropropyl)diethoxymethyl-. aminofunctional organosilane at Gelest for export—subject of GLS226. P–15–0647 ..... 7/27/2015 10/25/2015 Gelest ...... (S) Research...... (S) Propanamine, 3-(diethoxymethylsilyl)-N-[3- (diethoxymethylsilyl)propyl]-N-methyl-. P–15–0647 ..... 7/27/2015 10/25/2015 Gelest ...... (S) Specialty adhesion (S) Propanamine, 3-(diethoxymethylsilyl)-N-[3- promoter—to be car- (diethoxymethylsilyl)propyl]-N-methyl-. ried out in an Asian country. P–15–0648 ..... 7/27/2015 10/25/2015 CBI ...... (G) Raw material ...... (G) Alkylamino alcohol. P–15–0649 ..... 7/28/2015 10/26/2015 CBI ...... (G) Additive, open, non- (G) Polyether modified epoxy resin. dispersive use. P–15–0651 ..... 7/28/2015 10/26/2015 CBI ...... (G) Additive, open, non- (G) Siloxanes and silicones, di methyl, polyether dispersive use. modified. P–15–0652 ..... 7/28/2015 10/26/2015 CBI ...... (G) Polymer for coatings (G) Amine salted polyurethane. P–15–0653 ..... 7/28/2015 10/26/2015 CBI ...... (G) Coating ...... (G) Cycloaliphatic epoxide. P–15–0654 ..... 7/29/2015 10/27/2015 CBI ...... (G) Coating ...... (G) Cycloaliphatic epoxide. P–15–0655 ..... 7/29/2015 10/27/2015 CBI ...... (S) Epoxy curing agent.. (G) 2-Ethylhexanoic acid, compound with alkyamino cyclohexane. P–15–0655 ..... 7/29/2015 10/27/2015 CBI ...... (S) Epoxy curing agent .. (G) 2-Ethylhexanoic acid, compound with cyclo- hexylamine. P–15–0657 ..... 7/30/2015 10/28/2015 CBI ...... (G) Intermediate ...... (G) Allyl triazine oligomer.

For the NOCs received by EPA during EPA; the commencement date provided submitter, and (G) is used to indicate this period, Table 2 provides the by the submitter in the NOC; and the that the information provided in the following information (to the extent that chemical identity. As used in the table, table is generic information because the such information is not claimed as CBI): (S) is used to indicate that the specific information provided by the The EPA case number assigned to the information provided in the table is the submitter was claimed as CBI. NOC; the date the NOC was received by specific information provided by the

TABLE 2—STATUS OF THE 23 NOCS RECEIVED FROM JULY 1, 2015 TO JULY 10, 2015

Commence- Case No. Received date ment date Chemical identity

P–07–0621 ..... 7/10/2015 6/28/2015 (G) Butanedioic acid, 2,3-dihydroxy-, mixed diesters, (2r, 3r)-rel-. P–09–0516 ..... 7/30/2015 7/23/2015 (G) Fatty acids, c16-18 and c18-unsatd., polymer with alkyldioic acid, cycloalkylamine, ar- omatic diol, c18-unsatd. fatty acid dimers, epichlorohydrin, aromatic acid and triethylenetetramine. P–12–0414 ..... 7/15/2015 7/9/2015 (S) 2-Propenoic acid, (2-ethyl-2-methyl-1,3-dioxolan-4-yl)methyl ester. P–13–0252 ..... 7/24/2015 7/9/2015 (S) Mixture of 4,7-methano-1h-inden-5-ol, octahydro-2,4,5-trimethyl-. P–13–0252 ..... 7/24/2015 7/9/2015 (S) Mixture of 4,7-methano-1h-inden-5-ol, octahydro-3,4,5-trimethyl-. P–13–0752 ..... 7/2/2015 7/1/2015 (G) Substituted polyethylene glycol monomethy ether. P–14–0669 ..... 7/6/2015 7/1/2015 (G) Polyamine carboxyalkyl derivatives, sodium salts. P–14–0804 ..... 7/10/2015 7/9/2015 (S) Phosphoric acid, sodium titanium (4+) salt (3:1:2). P–15–0189 ..... 7/16/2015 6/29/2015 (G) Alkane carboxylic acid ester with alkanepolyol.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55618 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

TABLE 2—STATUS OF THE 23 NOCS RECEIVED FROM JULY 1, 2015 TO JULY 10, 2015—Continued

Commence- Case No. Received date ment date Chemical identity

P–15–0192 ..... 7/7/2015 6/21/2015 (G) Isocyanated alkyl trialkoxysilane, reaction products with epoxy modified cyclohexyl trialkoxysilane and mixed metal oxides. P–15–0193 ..... 7/7/2015 6/21/2015 (G) Isocyanated alkyl trialkoxysilane, reaction products with epoxy modified cyclohexyl trialkoxysilane and mixed metal oxides. P–15–0201 ..... 7/7/2015 6/21/2015 (G) Methacrylate alkyl trialkoxysilane, reaction products with mixed metal oxides. P–15–0204 ..... 7/7/2015 6/21/2015 (G) Isocyanated alkyl trialkoxysilane, reaction products with epoxy modified cyclohexyl trialkoxy silane and mixed metal oxides. P–15–0253 ..... 7/7/2015 6/9/2015 (G) Organometallic, reaction product with titanium salt, zirconium metallocene and silica. P–15–0263 ..... 7/14/2015 6/22/2015 (G) Ethylene vinyl acetate polymer. P–15–0273 ..... 7/13/2015 7/8/2015 (S) Glycolipids, sophorose-contg., candida bombicola-fermented, from d-glucose and mahua madhuca longifolia fats and glyceridic oils. P–15–0281 ..... 7/13/2015 7/10/2015 (G) Alkyl substituted alkanoic acid, polymer with substituted carbomonocycle, alkyl sub- stituted alkenoate, alkanediol mono-alkyl substituted alkenoate and alkenoic acid, sub- stituted alkyl ester, alkylperoxoate-initiated, compds. with alkylamino alkanol. P–15–0328 ..... 7/17/2015 6/18/2015 (G) Aluminum calcium oxide salt. P–15–0330 ..... 7/30/2015 7/18/2015 (G) Diphenylcyclic siloxane. P–15–0332 ..... 7/10/2015 7/7/2015 (G) Linear siloxane. P–15–0337 ..... 7/27/2015 7/15/2015 (G) Amino silane. P–15–0338 ..... 7/22/2015 7/14/2015 (S) Decanedioic acid, 1,10-diisotridecyl ester. P–15–0370 ..... 7/7/2015 7/4/2015 (G) Alcohols, polymers with dicarboxylic acid, alcohols, alkenedioic acid, dicarboxylic acids, alkanoic acid esters.

Authority: 15 U.S.C. 2601 et seq. collection of information unless it Docket Center is 202–566–1744. For Dated: September 9, 2015. displays a currently valid OMB control additional information about EPA’s Chi Tran, Acting, number. public docket, visit http://www.epa.gov/ Director, Information Management Division, DATES: Comments must be submitted on dockets. Office of Pollution Prevention and Toxics. or before November 16, 2015. Pursuant to section 3506(c)(2)(A) of [FR Doc. 2015–23297 Filed 9–15–15; 8:45 am] ADDRESSES: Submit your comments, the PRA, the EPA is soliciting comments BILLING CODE 6560–50–P referencing by Docket ID No. EPA–HQ– and information to enable it to: (i) RCRA–2015–0605, online using Evaluate whether the proposed www.regulations.gov (our preferred collection of information is necessary ENVIRONMENTAL PROTECTION method), by email to rcra-docket@ for the proper performance of the AGENCY epa.gov, or by mail to: EPA Docket functions of the Agency, including whether the information will have [EPA–HQ–RCRA–2015–0605, FRL–9934–18– Center, Environmental Protection OSWER] Agency, Mail Code 28221T, 1200 practical utility; (ii) evaluate the Pennsylvania Ave. NW., Washington, accuracy of the Agency’s estimate of the Agency Information Collection DC 20460. burden of the proposed collection of Activities; Proposed Collection; EPA’s policy is that all comments information, including the validity of Comment Request; Standardized received will be included in the public the methodology and assumptions used; Permit for RCRA Hazardous Waste docket without change including any (iii) enhance the quality, utility, and Management Facilities personal information provided, unless clarity of the information to be the comment includes profanity, threats, collected; and (iv) minimize the burden AGENCY: Environmental Protection information claimed to be Confidential of the collection of information on those Agency (EPA). Business Information (CBI) or other who are to respond, including through ACTION: Notice. information whose disclosure is the use of appropriate automated SUMMARY: The Environmental Protection restricted by statute. electronic, mechanical, or other Agency (EPA) is planning to submit an FOR FURTHER INFORMATION CONTACT: Jeff technological collection techniques or information collection request (ICR), Gaines, Office of Resource Conservation other forms of information technology, Standardized Permit for RCRA and Recovery, (5303P), Environmental e.g., permitting electronic submission of Hazardous Waste Management Facilities Protection Agency, 1200 Pennsylvania responses. The EPA will consider the (EPA ICR No. 1935.05, OMB Control No. Ave. NW., Washington, DC 20460; comments received and amend the ICR 2050–0182) to the Office of Management telephone number: 703–308–8655; fax as appropriate. The final ICR package and Budget (OMB) for review and number: 703–308–8617; email address: will then be submitted to OMB for approval in accordance with the [email protected]. review and approval. At that time, the Paperwork Reduction Act (PRA) (44 SUPPLEMENTARY INFORMATION: EPA will issue another Federal Register U.S.C. 3501 et seq.). Before doing so, the Supporting documents which explain notice to announce the submission of EPA is soliciting public comments on in detail the information the EPA will the ICR to OMB and the opportunity to specific aspects of the proposed be collecting are available in the public submit additional comments to OMB. information collection as described docket for this ICR. The docket can be Abstract: Under the authority of below. This is a proposed extension of viewed online at www.regulations.gov sections 3004, 3005, 3008 and 3010 of the ICR, which is currently approved or in person at the EPA Docket Center, the Resource Conservation and through January 31, 2016. An Agency WJC West, Room 3334, 1301 Recovery Act (RCRA), as amended, EPA may not conduct or sponsor and a Constitution Ave. NW., Washington, revised the RCRA hazardous waste person is not required to respond to a DC. The telephone number for the permitting program to allow a

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55619

‘‘standardized permit’’. The ENVIRONMENTAL PROTECTION 94105; phone: (415) 972–3904; fax: (417) standardized permit is available to AGENCY 947–3570; email: helmlinger.andrew@ epa.gov. facilities that generate hazardous waste [FRL–9934–01–Region 9] and routinely manage the waste on-site SUPPLEMENTARY INFORMATION: Parties to in non-thermal units such as tanks, Mobile Smelting Removal Site, Samoa, the Proposed Settlement: Alpert & containers, and containment buildings. CA; Notice of Proposed CERCLA Alpert Iron and Metal; BNSF Railway In addition, the standardized permit is Settlement Agreement for Recovery of Co.; City of Burbank; City of Glendale; available to facilities that receive Past Response Costs City of Pasadena; Los Angeles Dept. of hazardous waste generated off-site by a Power and Water; Sacramento AGENCY: Environmental Protection generator under the same ownership as Municipal Utility District; Southern Agency (EPA). the receiving facility, and then store or California Edison; and, THUMS Long non-thermally treat the hazardous waste ACTION: Notice; request for comment. Beach Co. in containers, tanks, or containment SUMMARY: In accordance with Section Dated: September 3, 2015. buildings. The RCRA standardized 122(i) of the Comprehensive Enrique Manzanilla, permit consists of two components: A Environmental Response, Compensation Director, Superfund Division, U.S. EPA, uniform portion that is included in all and Liability Act of 1980, as amended Region IX. cases, and a supplemental portion that (CERCLA), 42 U.S.C. 9622(i), notice is [FR Doc. 2015–23172 Filed 9–15–15; 8:45 am] the Director of a regulatory agency hereby given of a proposed BILLING CODE 6560–50–P includes at his or her discretion. The administrative settlement with nine uniform portion consists of terms and settling parties for recovery of response conditions, relevant to the unit(s) at the costs concerning the Mobile Smelting FEDERAL COMMUNICATIONS permitted facility, and is established on Removal Site in Mojave, California. The COMMISSION a national basis. The Director, at his or settlement is entered into pursuant to [CC Docket No. 92–237; DA 15–995] her discretion, may also issue a Section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1), and it requires the settling supplemental portion on a case-by-case Next Meeting of the North American parties to reimburse EPA $72,830.77 in basis. The supplemental portion Numbering Council imposes site-specific permit terms and response costs that EPA incurred at the conditions that the Director determines site. The settlement includes a covenant AGENCY: Federal Communications necessary to institute corrective action not to sue the settling parties pursuant Commission. to Sections 106 or 107(a) of CERCLA, 42 under section 264.101 (or State ACTION: Notice. U.S.C. 9606 or 9607(a). For thirty (30) equivalent), or otherwise necessary to days following the date of publication of SUMMARY: In this document, the protect human health and the this Notice in the Federal Register, the Commission released a public notice environment. Owners and operators Agency will receive written comments announcing the meeting and agenda of have to comply with the terms and relating to the settlement. The Agency the North American Numbering Council conditions in the supplemental portion, will consider all comments received and (NANC). The intended effect of this in addition to those in the uniform may modify or withdraw its consent to action is to make the public aware of the portion. the settlement if comments received NANC’s next meeting and agenda. Form Numbers: None. disclose facts or considerations that DATES: Wednesday, September 30, 2015, Respondents/affected entities: Entities indicate the proposed settlement is 10:00 a.m. potentially affected by this action are inappropriate, improper, or inadequate. ADDRESSES: Requests to make an oral The Agency’s response to any comments Business or other for-profit. statement or provide written comments received will be available for public to the NANC should be sent to Carmell Respondent’s obligation to respond: inspection at 75 Hawthorne Street, San Weathers, Competition Policy Division, voluntary (40 CFR 270.275). Francisco, CA 94105. Wireline Competition Bureau, Federal Estimated number of respondents: DATES: Pursuant to Section 122(i) of Communications Commission, Portals 866. CERCLA, EPA will receive written II, 445 12th Street SW., Room 5–C162, Frequency of response: On occasion. comments relating to this proposed Washington, DC 20554. settlement until October 16, 2015. FOR FURTHER INFORMATION CONTACT: Total estimated burden: 13,948 hours. ADDRESSES: The proposed settlement is Carmell Weathers at (202) 418–2325 or Burden is defined at 5 CFR 1320.03(b). available for public inspection at EPA [email protected]. The fax Total estimated cost: $1,220,213, Region IX, 75 Hawthorne Street, San number is: (202) 418–1413. The TTY which includes $640,724 annualized Francisco, California. A copy of the number is: (202) 418–0484. labor costs and $579,489 annualized proposed settlement may be obtained SUPPLEMENTARY INFORMATION: This is a capital or O&M costs. from J. Andrew Helmlinger, EPA Region summary of the Commission’s Changes in Estimates: The burden IX, 75 Hawthorne Street, ORC–3, San document in CC Docket No. 92–237; DA hours are likely to stay substantially the Francisco, CA 94105, telephone number 15–995, released September 2, 2015. same. 415–972–3904. Comments should The complete text in this document is reference the Mobile Smelting Removal available for public inspection and Dated: September 8, 2015. Site, Mojave, California and should be copying during normal business hours Barnes Johnson, addressed to Mr. Helmlinger at the in the FCC Reference Information Director, Office of Resource Conservation and above address. Center, Portals II, 445 12th Street SW., Recovery. FOR FURTHER INFORMATION CONTACT: J. Room CY–A257, Washington, DC 20554. [FR Doc. 2015–23282 Filed 9–15–15; 8:45 am] Andrew Helmlinger, Assistant Regional It is available on the Commission’s Web BILLING CODE 6560–50–P Counsel (ORC–3), Office of Regional site at http://www.fcc.gov. The North Counsel, U.S. EPA Region IX, 75 American Numbering Council (NANC) Hawthorne Street, San Francisco, CA has scheduled a meeting to be held

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55620 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Wednesday, September 30, 2015, from 13. Report of the Internet Protocol DATES: Written PRA comments should 10:00 a.m. until 2:00 p.m. The meeting Issue Management Group (IP IMG) be submitted on or before November 16, will be held at the Federal 14. Summary of Action Items 2015. If you anticipate that you will be Communications Commission, Portals 15. Public Comments and submitting comments, but find it II, 445 12th Street SW., Room TW–C305, Participation (maximum 5 minutes per difficult to do so within the period of Washington, DC. This meeting is open speaker) time allowed by this notice, you should to members of the general public. The 16. Other Business advise the contact listed below as soon FCC will attempt to accommodate as Adjourn no later than 2:00 p.m. as possible. *The Agenda may be modified at the many participants as possible. The ADDRESSES: Direct all PRA comments to public may submit written statements to discretion of the NANC Chairman with the approval of the DFO. Cathy Williams, FCC, via email PRA@ the NANC, which must be received two fcc.gov and to [email protected]. Federal Communications Commission. business days before the meeting. In FOR FURTHER INFORMATION CONTACT: For addition, oral statements at the meeting Marilyn Jones, additional information about the by parties or entities not represented on Attorney, Wireline Competition Bureau. information collection, contact Cathy the NANC will be permitted to the [FR Doc. 2015–23268 Filed 9–15–15; 8:45 am] Williams at (202) 418–2918. extent time permits. Such statements BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: will be limited to five minutes in length OMB Control No.: 3060–1028. by any one party or entity, and requests Title: International Signaling Point to make an oral statement must be FEDERAL COMMUNICATIONS Code (ISPC). COMMISSION received two business days before the Form No.: N/A. meeting. [OMB 3060–1028] Type of Review: Extension of a People with Disabilities: To request currently approved collection. materials in accessible formats for Information Collection Being Reviewed Respondents: Business or other for- people with disabilities (braille, large by the Federal Communications profit. print, electronic files, audio format), Commission Under Delegated Number of Respondents: 20 send an email to [email protected] or call Authority respondents; 20 responses. the Consumer and Governmental Affairs Estimated Time per Response: 333 Bureau at 202–418–0530 (voice), 202– AGENCY: Federal Communications Commission. hours (20 minutes). 418–0432 (tty). Reasonable Frequency of Response: On occasion accommodations for people with ACTION: Notice and request for comments. reporting requirement. disabilities are available upon request. Obligation To Respond: Required to Include a description of the SUMMARY: As part of its continuing effort obtain or retain benefits. The statutory accommodation you will need, to reduce paperwork burdens, and as authority for this collection is contained including as much detail as you can. required by the Paperwork Reduction in 47 U.S.C. 151, 154(i)–(j), 201–205, Also include a way we can contact you Act (PRA) of 1995 (44 U.S.C. 3501– 211, 214, 219–220, 303(r), and 403. if we need more information. Please 3520), the Federal Communications Total Annual Burden: 7 hours. allow at least five days advance notice; Commission (FCC or the Commission) Annual Cost Burden: None. last minute requests will be accepted, invites the general public and other Privacy Act Impact Assessment: N/A. but may be impossible to fill. Federal agencies to take this Nature and Extent of Confidentiality: Proposed Agenda: Wednesday, opportunity to comment on the In general, there is no need for September 30, 2015, 10:00 a.m.* following information collection. confidentiality with this collection of 1. Announcements and Recent News Comments are requested concerning: information. 2. Approval of Transcript—June 4, whether the proposed collection of This collection will be submitted as 2015 information is necessary for the proper an extension (no change in reporting or 3. Report of the North American performance of the functions of the recordkeeping requirements) after this Numbering Plan Administrator Commission, including whether the 60-day comment period to Office of (NANPA) information shall have practical utility; Management and Budget (OMB) in order 4. Report of the National Thousands the accuracy of the Commission’s to obtain the full three year clearance. Block Pooling Administrator (PA) burden estimate; ways to enhance the An International Signaling Point Code 5. Report of the Numbering Oversight quality, utility, and clarity of the (ISPC) is a unique, seven-digit code Working Group (NOWG) information collected; ways to minimize synonymously used to identify the 6. Report of the North American the burden of the collection of signaling network of each international Numbering Plan Billing and Collection information on the respondents, carrier. The ISPC has a unique format (NANP B&C) Agent including the use of automated that is used at the international level for 7. Report of the Billing and Collection collection techniques or other forms of signaling message routing and Working Group (B&C WG) information technology; and ways to identification of signaling points. The 8. Report of the North American further reduce the information Commission receives ISPC applications Portability Management LLC (NAPM collection burden on small business from international carriers on the LLC) concerns with fewer than 25 employees. electronic, Internet-based International 9. Report of the Local Number The FCC may not conduct or sponsor Bureau Filing System (IBFS). After Portability Administration Working a collection of information unless it receipt of the ISPC application, the Group (LNPA WG) displays a currently valid control Commission assigns the ISPC code to 10. Report of the Future of Numbering number. No person shall be subject to each applicant (international carrier) Working Group (FoN WG) any penalty for failing to comply with free of charge on a first-come, first- 11. Status of the Industry Numbering a collection of information subject to the served basis. The collection of this Committee (INC) activities PRA that does not display a valid Office information is required to assign a 12. Status of the ATIS All-IP of Management and Budget (OMB) unique identification code to each Transititon Initiatives control number. international carrier and to facilitate

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55621

communication among international Constitution Avenue NW., Washington, proposed information collection, carriers by their use of the ISPC code on DC 20551. including the validity of the the shared signaling network. The All public comments are available methodology and assumptions used; Commission informs the International from the Board’s Web site at http:// c. Ways to enhance the quality, Telecommunications Union (ITU) of its www.federalreserve.gov/apps/foia/ utility, and clarity of the information to assignment of ISPCs to international proposedregs.aspx as submitted, unless be collected; carriers on an ongoing basis. modified for technical reasons. d. Ways to minimize the burden of information collection on respondents, Federal Communications Commission. Accordingly, your comments will not be including through the use of automated Marlene H. Dortch, edited to remove any identifying or contact information. Public comments collection techniques or other forms of Secretary, Office of the Secretary. may also be viewed electronically or in information technology; and [FR Doc. 2015–23273 Filed 9–15–15; 8:45 am] paper form in Room 3515, 1801 K Street e. Estimates of capital or start-up costs BILLING CODE 6712–01–P (between 18th and 19th Streets NW.) and costs of operation, maintenance, Washington, DC 20006 between 9:00 and purchase of services to provide a.m. and 5:00 p.m. on weekdays. information. FEDERAL RESERVE SYSTEM Additionally, commenters may send a Proposal To Approve Under OMB copy of their comments to the OMB Delegated Authority the Extension for Proposed Agency Information Desk Officer, Shagufta Ahmed, Office of Collection Activities; Comment Three Years, With Revision, of the Information and Regulatory Affairs, Following Report Request Office of Management and Budget, New 1. Report title: Capital Assessments AGENCY: Board of Governors of the Executive Office Building, Room 10235, and Stress Testing information Federal Reserve System. 725 17th Street NW., Washington, DC collection. SUMMARY: On June 15, 1984, the Office 20503 or by fax to (202) 395–6974. Agency form number: FR Y–14A/Q/ of Management and Budget (OMB) FOR FURTHER INFORMATION CONTACT : A M. delegated to the Board of Governors of copy of the PRA OMB submission, OMB control number: 7100–0341. the Federal Reserve System (Board) its including the proposed reporting form Effective Dates: December 31, 2015, approval authority under the Paperwork and instructions, supporting statement, March 31, 2016, and June 30, 2016. Reduction Act (PRA), to approve of and and other documentation will be placed Frequency: Annually, semi-annually, assign OMB numbers to collection of into OMB’s public docket files, once quarterly, and monthly. information requests and requirements approved. These documents will also be Reporters: Any top-tier bank holding conducted or sponsored by the Board. made available on the Federal Reserve company (BHC) (other than a foreign Board-approved collections of Board’s public Web site at: http:// banking organization), that has $50 information are incorporated into the www.federalreserve.gov/apps/ billion or more in total consolidated official OMB inventory of currently reportforms/review.aspx or may be assets, as determined based on: (i) The approved collections of information. requested from the agency clearance average of the BHC’s total consolidated Copies of the PRA Submission, officer, whose name appears below. assets in the four most recent quarters supporting statements and approved Federal Reserve Board Clearance as reported quarterly on the BHC’s collection of information instruments Officer, Nuha Elmaghrabi, Office of the Consolidated Financial Statements for are placed into OMB’s public docket Chief Data Officer, Board of Governors Bank Holding Companies (FR Y–9C) files. The Federal Reserve may not of the Federal Reserve System, (OMB No. 7100–0128); or (ii) the conduct or sponsor, and the respondent Washington, DC 20551 (202) 452–3884. average of the BHC’s total consolidated is not required to respond to, an Telecommunications Device for the Deaf assets in the most recent consecutive information collection that has been (TDD) users may contact (202) 263– quarters as reported quarterly on the extended, revised, or implemented on or 4869, Board of Governors of the Federal BHC’s FR Y–9Cs, if the BHC has not after October 1, 1995, unless it displays Reserve System, Washington, DC 20551. filed an FR Y–9C for each of the most a currently valid OMB number. SUPPLEMENTARY INFORMATION: recent four quarters. Reporting is DATES: Comments must be submitted on required as of the first day of the quarter or before November 16, 2015. Request for Comment on Information immediately following the quarter in Collection Proposal ADDRESSES: You may submit comments, which it meets this asset threshold, identified by FR Y–14A/Q/M, by any of The following information collection, unless otherwise directed by the Federal the following methods: which is being handled under this Reserve. • Agency Web site: http:// delegated authority, has received initial Estimated annual reporting hours: FR www.federalreserve.gov. Follow the Board approval and is hereby published Y–14A: Summary, 65,142 hours; Macro instructions for submitting comments at for comment. At the end of the comment scenario, 2,046 hours; Operational Risk, http://www.federalreserve.gov/apps/ period, the proposed information 396 hours; Regulatory capital foia/proposedregs.aspx . collection, along with an analysis of transitions, 759 hours; Regulatory • Federal eRulemaking Portal: http:// comments and recommendations capital instruments, 660 hours; Retail www.regulations.gov. Follow the received, will be submitted to the Board repurchase, 1,320 hours; and Business instructions for submitting comments. for final approval under OMB delegated plan changes, 330 hours. FR Y–14Q: • Email: regs.comments@ authority. Comments are invited on the Securities, 1,716 hours; Retail, 2,112 federalreserve.gov. Include OMB following: hours; Pre-provision net revenue number in the subject line of the a. Whether the proposed collection of (PPNR), 93,852 hours; Wholesale, message. information is necessary for the proper 20,064 hours; Trading, 69,336 hours; • FAX: (202) 452–3819 or (202) 452– performance of the Federal Reserve’s Regulatory capital transitions, 3,036 3102. functions; including whether the hours; Regulatory capital instruments, • Mail: Robert deV. Frierson, information has practical utility; 6,864 hours; Operational risk, 6,600 Secretary, Board of Governors of the b. The accuracy of the Federal hours; Mortgage Servicing Rights (MSR) Federal Reserve System, 20th Street and Reserve’s estimate of the burden of the Valuation, 1,152 hours; Supplemental,

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55622 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

528 hours; and Retail Fair Value Though the Federal Reserve intends supplement two of the portfolio and Option/Held for Sale (Retail FVO/HFS), to share the information collected under loan-level collections. 1,408 hours; Counterparty, 18,288 the FR Y–14 with the Department of Current Actions: The Federal Reserve hours; and Balances, 2,112 hours; FR Y– Treasury’s Office of Financial Research, proposes revising several schedules of 14M: 1st lien mortgage, 173,040 hours; such sharing shall not be deemed a the FR Y–14A/Q/M effective December Home equity, 166,860 hours; and Credit waiver of any privilege applicable to 31, 2015, March 31, 2016, and June 31, card, 110,160 hours. FR Y–14 On-going such information, including but not 2016, as noted. automation revisions, 15,840 hours. FR limited to any confidential status (12 The proposal would add an Y–14 Attestation implementation, U.S.C. 1821(t); 12 U.S.C. 1828(x)). attestation requirement for Large Institution Supervision Coordinating 43,200 hours; and On-going audit and Abstract: The data collected through Committee (LISCC) respondents, revise review, 23,040 hours. the FR Y–14A/Q/M schedules provide the reports to reflect recent changes to Estimated average hours per response: the Federal Reserve with the additional the regulatory capital rules and to the FR Y–14A: Summary, 987 hours; Macro information and perspective needed to capital plan rule, and modify other scenario, 31 hours; Operational Risk, 12 help ensure that large BHCs have strong, elements of the FR Y–14A/Q/M reports hours; Regulatory capital transitions, 23 firm-wide risk measurement and to improve consistency of reported data hours; Regulatory capital instruments, management processes supporting their across firms, address industry concerns, 20 hours; Retail Repurchase, 20 hours; internal assessments of capital adequacy and Business Plan Changes, 10 hours. and improve supervisory modeling. and that their capital resources are The proposal also provides notice to FR Y–14Q: Securities, 13 hours; Retail, sufficient given their business focus, 16 hours; PPNR, 711 hours; Wholesale, the public that the Office of Financial activities, and resulting risk exposures. Research (OFR) of the Department of 152 hours; Trading, 1,926 hours; The annual Comprehensive Capital Treasury has requested access to the FR Regulatory capital transitions, 23 hours; Analysis and Review (CCAR) exercise is Y–14A/Q/M reports for use in Regulatory capital instruments, 52 also complemented by other Federal connection with its statutory mandate hours; Operational risk, 50 hours; MSR Reserve supervisory efforts aimed at ‘‘to evaluate and report on stress tests,’’ Valuation, 24 hours; Supplemental, 4 enhancing the continued viability of and that the Board plans to share the FR hours; and Retail FVO/HFS, 16 hours; large BHCs, including continuous Y–14A/Q/M reports with the OFR in Counterparty, 508 hours; and Balances, monitoring of BHCs’ planning and light of the assurances of confidentiality 16 hours; FR Y–14M: 1st lien mortgage, management of liquidity and funding from the OFR. 515 hours; Home equity, 515 hours; and resources and regular assessments of Credit card, 510 hours. FR Y–14 On- credit, market and operational risks, and Proposed Revision to the FR Y–14A/Q/ Going automation revisions, 480 hours. associated risk management practices. M FR Y–14 Attestation Implementation, Information gathered in this data The Federal Reserve proposes to add 4,800 hours; and On-going audit and collection is also used in the an attestation requirement for the FR Y– review, 2,560 hours. supervision and regulation of these 14A/Q/M reports for all LISCC Number of respondents: 33. financial institutions. In order to fully respondents. As proposed, the General description of report: The FR evaluate the data submissions, the attestation would be effective beginning Y–14 series of reports are authorized by Federal Reserve may conduct follow up June 30, 2016. section 165 of the Dodd-Frank Act, discussions with or request responses to The Federal Reserve relies on BHCs to which requires the Federal Reserve to follow up questions from respondents, report accurate data on the FR Y–14A/ ensure that certain BHCs and nonbank as needed. Q/M reports. The FR Y–14A/Q/M financial companies supervised by the The Capital Assessments and Stress reports are integral to the Federal Federal Reserve are subject to enhanced Testing information collection consists Reserve’s supervisory stress tests, as the risk-based and leverage standards in of the FR Y–14A, Q, and M reports. The Federal Reserve uses financial data order to mitigate risks to the financial semi-annual FR Y–14A collects reported by a BHC to assess whether the stability of the United States (12 U.S.C. information on the stress tests BHC has the capital necessary to absorb 5365). Additionally, section 5 of the conducted by BHCs, including losses under stress. In previous CCAR Bank Holding Company Act authorizes quantitative projections of balance and DFAST (Dodd-Frank Act Stress the Federal Reserve to issue regulations sheet, income, losses, and capital across Test) cycles, the Federal Reserve has and conduct information collections a range of macroeconomic scenarios, found that, while respondents generally with regard to the supervision of BHCs and qualitative information on report in accordance with the (12 U.S.C. 1844). methodologies used to develop internal instructions, material inaccuracies have As these data are collected as part of projections of capital across scenarios.1 been identified in reported information. the supervisory process, they are subject The quarterly FR Y–14Q and the Material inaccuracies in reported to confidential treatment under monthly FR Y–14M are used to support information indicate deficiencies in a exemption 8 of the Freedom of supervisory stress test models and for BHCs’ internal control environment. Information Act (FOIA) (5 U.S.C. continuous monitoring efforts. The Deficiencies in a BHC’s internal control 552(b)(8)). In addition, commercial and quarterly FR Y–14Q collects granular environment affect not only the financial information contained in these data on BHCs’ various asset classes, accuracy of a BHC’s reported data, but information collections may be exempt including loans, securities and trading also the strength and credibility of the from disclosure under exemption 4 of assets, and PPNR for the reporting BHC’s capital planning process. Under FOIA (5 U.S.C. 552(b)(4)), if disclosure period. The monthly FR Y–14M the Federal Reserve’s capital plan and would likely have the effect of (1) comprises three retail loan- and stress test rules, a BHC is required to impairing the government’s ability to portfolio-level collections, and one estimate projected revenues, losses, obtain the necessary information in the detailed address matching collection to reserves, and pro forma capital levels future, or (2) causing substantial harm to under expected and stressed conditions. the competitive position of the 1 BHCs that must re-submit their capital plan An effective internal control respondent. Such exemptions would be generally also must provide a revised FR Y–14A in environment enables a BHC to measure, made on a case-by-case basis. connection with their resubmission. monitor, and aggregate its risks, and

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55623

appropriately estimate losses under a define the scope and content of items internal controls. This publication stressful environment. All respondents that must be reported, and specify that defines effective controls as those to the FR Y–14A/Q/M reports should the reports must be filed in accordance practices necessary to provide meet the Federal Reserve’s expectations with U.S. generally accepted accounting reasonable assurance as to the accuracy for internal controls. principles (GAAP). The instructions of financial information. Thus, a CFO The Federal Reserve proposes to further state that respondents should (or equivalent senior officer) that attests require the chief financial officer (CFO) maintain financial records in such a to the existence of effective controls is or an equivalent senior officer 2 of a manner and scope to ensure the FR Y– attesting that the controls include LISCC respondent to make an attestation 14A/Q/M reports reflect a fair practices necessary to provide regarding the collection. The CFO or presentation of the BHCs’ financial reasonable assurance as to the accuracy equivalent senior officer is proposed as condition and assessment of of the data. the signatory because the CFO (or performance under stressed scenarios. The proposed attestation also would equivalent senior officer) is a senior Second, for actual data, the CFO (or require the CFO (or equivalent officer) officer with primary business line equivalent senior officer) of a LISCC of a LISCC respondent to attest that responsibility for internal controls. This respondent would be required to attest internal controls are audited annually requirement is proposed in order to that he or she is responsible for the by internal audit or compliance staff encourage large firms to improve their internal controls over the reporting of and are assessed regularly by systems for developing data necessary these data, and that the data reported management. The proposed requirement for the stress tests and CCAR. The are materially correct to the best of his for an annual internal audit aligns with requirement is similar to the attestation or her knowledge. The CFO would also the annual nature of the CCAR cycle requirement for internal controls over be required to attest that the controls are and the expectations for an annual audit financial reporting required under the effective and include those practices of internal controls over financial Sarbanes-Oxley Act of 2002.3 necessary to provide reasonable reporting in the context of annual The Federal Reserve has described its assurance as to the accuracy of these financial statements. Through an audit supervisory expectations for internal data. The CFO would be required to of internal controls over the Y–14 series, controls in several publications. For attest that the controls are audited internal audit or compliance function instance, as described in the August annually by internal audit or would provide reliable assurance 2013 paper Capital Planning at Large compliance staff, and are assessed regarding the effectiveness of internal Bank Holding Companies: Supervisory regularly by management of the named controls. The proposed requirement for Expectations and Range of Current institution. Last, the CFO would be regular assessments by management is 4 Practice, a BHC’s internal control required to agree to report material consistent with the Federal Reserve’s framework should address its entire weaknesses in these internal controls expectations for all firms. capital planning process, including the and any material errors or omissions in Last, the proposed attestation would risk measurement and management the data submitted to the Federal require the CFO (or equivalent officer) systems used to produce input data, the Reserve promptly as they are identified. of a LISCC respondent to attest that, to models and other techniques used to The proposed attestation requires the the best of his or her knowledge the data generate loss and revenue estimates; the CFO (or equivalent senior officer) to reported are materially accurate, and to aggregation and reporting framework attest that the controls are effective. The promptly report any material used to produce reports to management Committee of Sponsoring Organizations weaknesses in internal controls and any and boards; and the process for making (COSO) of the Treadway Commission, a material errors or omissions in the capital adequacy decisions. The paper joint initiative of five private sector submitted data. Material weaknesses are also highlighted the key role of internal organizations representing executives those weaknesses which would result in audit in evaluating the capital planning within accounting, internal audit and a material misstatement of the FR Y– process and all its components. finance,6 has developed a framework for 14A/Q/M data. BHCs should have a policy in place Additionally, it outlines several establishing and assessing internal for determining materiality in the components to ensure the integrity of controls. This framework is outlined in context of management’s attestation that reported information, including robust the publication titled Internal Control— information systems. data is materially accurate and Integrated Framework.7 Known as the The attestation would include two management’s attestation that internal parts. First, for projected data reported COSO report, this publication provides controls over the FR Y–14A/Q/M on the FR Y–14A/Q and for actual data a suitable and available framework for reports are effective. This policy should reported on the FR Y–14A/Q/M reports, purposes of establishing and assessing include a robust analysis of all relevant the CFO (or equivalent senior officer) of quantitative and qualitative Instructions outlining Federal Reserve expectations a LISCC respondent would be required related to the methodology for projected considerations, including, but not to attest that the reports have been information can be found in CCAR Summary limited to, the size and effect of the prepared in conformance with the Instructions and Guidance. Those instructions are omission or misstatement on firms’ instructions issued by the Federal not included in the proposed attestation. projected regulatory capital ratios in Reserve System.5 The instructions 6 The Committee of Sponsoring Organizations of stressed scenarios. Qualitative factors the Treadway Commission (COSO) is a joint initiative of five private sector organizations may result in a conclusion that a small 2 ‘‘An equivalent senior officer’’ refers to a senior including the American Accounting Association, change in regulatory capital ratios is officer who functions as the CFO but carries a the American Institute of Certified Public considered material. Those different title. Accountants, The Association of Accountants and circumstances might include the repeat 3 Pub. L. 107–204, 116 Stat. 745 (July 30, 2002). Finance Professionals in Business, and the Institute 4 See Board of Governors of the Federal Reserve of Internal Auditors. occurrence of errors and omissions, the System (2013), Capital Planning at Large Bank 7 The Committee of Sponsoring Organizations proximity of a firm’s regulatory capital Holding Companies: Supervisory Expectations and (COSO) of the Treadway Commission has published ratios to minimum capital requirements, Range of Current Practice (Washington: Board of Internal Control—Integrated Framework. Known as and whether errors and omissions could Governors, August), www.federalreserve.gov/ the COSO report, this publication provides a bankinforeg/bcreg20130819a1.pdf. suitable and available framework for purposes of change a knowledgeable person’s view 5 Instructions for actual and projected information establishing and assessing internal controls. http:// of the adequacy of internal controls over are the FR Y–14A/Q/M report from instructions. www.coso.org/ic.htm. the capital adequacy process.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55624 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

The LISCC respondents may be attestation requirement may be revisited instead of the CFO or equivalent officer, required to enhance certain systems and in a future proposal.10 but determined that the CRO would not processes in order to meet the The Federal Reserve has considered be the appropriate signatory. Under attestation requirement, such as these comments in developing the industry standards, the CRO does not enhancing information technology attestation included in this proposal. have primary business line infrastructure and adding or modifying First, the FR Y–14 reports are responsibility for internal controls and internal control frameworks and data sufficiently mature to support the is therefore not an appropriate governance committees to include attestation. Since the initial proposal of individual to be a signatory of the accountability and escalation processes, attestation to the FR Y–14 in July 2012, attestation.13 as well as to increase the frequency of BHCs have completed the FR Y–14A/Q/ Proposed Revisions to the FR Y–14A audits of internal controls over the FR M reports for over two years, and have Y–14A/Q/M reports. The Federal generally been able to report the The proposed revisions to the FR Y– Reserve believes such enhancements are requested information in accordance 14A consist of clarifying instructions, essential for a BHC’s own risk with the instructions. Further, the scale adding and removing schedules, adding, aggregation and risk management. In and pace of the revisions to the reports deleting, and modifying existing data order to allow sufficient time for such have slowed, and more time is provided items, and altering the as-of dates. These modifications, the attestation would be between finalization of proposed proposed changes would (1) increase effective June 30, 2016. This effective changes to the FR Y–14 and the effective consistency between the FR Y–14A and date is consistent with the six month date of those changes.11 The Federal FR Y–9C, FFIEC 101, and FFIEC 102; (2) period previously requested by industry Reserve continues to improve the FAQ adjust the collection in accordance with participants to implement changes to process in order to provide responses to revisions to the capital plan and stress information infrastructure processes. commenters’ questions in a timely test rules recently proposed by the An estimate of the associated increase manner. For instance, the Federal Federal Reserve, which among other in burden is reflected in the updated Reserve has been incorporating the most modifications would remove the burden estimates. This estimate material FAQ responses into the requirement to calculate tier 1 common accounts for the burden associated with instructions on a quarterly basis. capital and the tier 1 common ratio; (3) the initial implementation of Further, the Federal Reserve is shift the as-of dates by one quarter in modifications to existing systems and conducting a large-scale review of its accordance with the modifications to processes prior to the effective date as instructions and incorporating the capital plan and stress test rules that well as burden associated with ongoing numerous relevant historical FAQs into were finalized October 27, 2014 (79 FR requirements, particularly the annual the instructions.12 This review is 64026); and (4) modify and expand the audit, and is an average across expected to be completed by the supporting documentation applicable respondents. However, the finalization of this proposal. Regarding requirements. Federal Reserve requests feedback from unanswered FAQs, the Federal Reserve Schedule A (Summary) the industry regarding the specific intends to approach unanswered FAQs burden increases necessary to meet the related to the Y–14A/Q/M reports in the Revisions to Schedule A.1.c.1 attestation requirement. same manner as unanswered questions (General RWA) This schedule would be The Federal Reserve invited comment related to the Y–9C report. As long as removed in accordance with the on a proposal to add an attestation to a firm has a reasonable and timely proposed revisions to the capital plan the FR Y–14 submission in July 2012, process for identifying questions and and stress test rules to eliminate use of but did not finalize an attestation submitting FAQs, the firm makes a good the tier 1 common ratio (to the extent requirement in light of concerns faith effort to reasonably interpret the finalized) 14, effective December 31, expressed by commenters.8 Specifically, instructions while awaiting a response, 2015. However, in order to mitigate commenters expressed concerns and the firm, in fact, follows that operational issues and allow for regarding the maturity of the data process, the Federal Reserve would not appropriate time to adjust internal collection, given the recent expect to penalize a firm for incorrect system to accommodate changes this implementation of the reports, the scale reporting on the 14A/Q/M reports. schedule would remain part of the and pace of revisions to the reports, and The Federal Reserve considered technical instructions for the CCAR the fact that firms were not receiving comments regarding the appropriateness 2016 submission. timely answers to questions posed of an attestation regarding projected Revisions to Schedule A.1.c.2 through the Frequently Asked Questions data, and whether the CRO should be (Standardized RWA) This schedule (FAQ) process. Regarding the substance the correct person to attest. Given that would be modified to increase of the attestation, commenters the projected data are estimates of future consistency with the FR Y–9C and the questioned whether the attestation values under different stressed FFIEC 102. Specifically, the items of the would be appropriate for projected scenarios, the proposed attestation existing market risk-weighted asset information, and whether the chief risk would not require a BHC to attest to the portion would be replaced with the officer (CRO) would be the appropriate accuracy of projected data. Instead, it appropriate items from the FFIEC 102 person to provide the attestation. Last, would require the BHC to attest that it and the remaining items would be made commenters argued that the proposed has prepared the FR Y–14A/Q/M in to align with FR Y–9C Schedule HC–R effective date would not provide conformance with the instructions. In Part II. These changes would be sufficient time to implement the addition, the Federal Reserve effective June 30, 2016. necessary controls.9 In the final notice considered whether to permit the CRO Revisions to Schedule A.1.d (Capital) adopting other proposed changes to the to provide the proposed attestation, The Federal Reserve proposes removing FR Y–14A/Q/M, the Federal Reserve acknowledged commenters’ concerns 10 See 77 FR 60695. 13 See Institute of Internal Auditors position 11 See 79 FR 59264 and the effective dates within paper The Three Lines of Defense in Effective Risk regarding attestation, and noted that the this notice. Management and Controls (January 2013); and 12 This approach is consistent with the approach COSO publication, Leveraging COSO Across the 8 See 77 FR 40051. undertaken in 2013. See 78 FR 38033 and 78 FR Three Lines of Defense, (July 2015). 9 See 77 FR 60695. 59934. 14 80 FR 43637 (July 23, 2015).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55625

certain items related to tier 1 common ad-hoc basis, and this proposal is Schedules A.1–A.10 (Retail) capital in accordance with the proposed intended to formalize the collection. The Federal Reserve proposes revisions to the capital plan and stress This schedule would be effective restricting the loan population of this 15 test rules (to the extent finalized), December 31, 2015. schedule to accrual loans, which would effective December 31, 2015. However, accurately reflect the intention of the in order to mitigate operational issues, Appendix A (Supporting Documentation) schedule and be responsive to industry these items would remain part of the comments. These changes would be technical instructions for the CCAR The Federal Reserve proposes effective December 31, 2015. 2016 submission. Additionally, the modifying the supporting Schedules A.8 and A.9 (Retail— Federal Reserve proposes adding one documentation requirements to align item that captures the aggregate non- International Small Business and U.S. with the documentation expectations significant investments in the capital of Small Business) outlined in the CCAR 2015 Summary unconsolidated financial institutions in Instructions and Guidance. Specifically, The Federal Reserve proposes the form of common stock and breaking the appendix would be revised to excluding non-purpose loans and loans out two items related to deferred tax require BHCs to provide the following for purchasing and carrying securities assets into the amount before valuation supporting documentation: Policies and from this schedule. This change, along allowances and the associated valuation procedures (including a model risk with accompanying changes to FR allowance. The additional information Y-14Q Schedules H.1 and M, would management policy), mapping of from these changes would result in two ensure that non-purpose commercial estimation methodologies to FR Y–14A existing items converting to derived loans and loans for purchasing or line items, model inventory, and items based on the additional carrying securities are treated methodology documentation. Required information. consistently across institutions. These methodology documentation will Revisions to Schedule A.2.b (Retail changes would be effective December Repurchase) Because this information is include: Methodology and process 31, 2015. utilized in the supervisory models, the overview; model technical documents; schedule would be separated from FR model validation documents; audit Schedule B (Securities) Y–14A Schedule A to be its own semi- reports; documentation describing the For schedule B.1 (Securities 1) the annual schedule of the FR Y–14A. For review, challenge, aggregation, and Federal Reserve proposes (1) requiring the two reported as-of dates, this finalization of results; and information to be reported in the schedule would be due seven calendar documentation describing the Security Description 2 or Security days after the FR Y–9C, similar to the methodology for developing the Description 3 items in cases where an FR Y–14Q. This change would be consolidated pro forma financials. The internal identifier is reported for a effective June 30, 2016. Federal Reserve proposes to maintain security or where the security type Deletion of Schedule A.2.c (ASC 310– the more specific documentation Other is assigned in order to increase 30) This schedule would be removed to requirements on categories of exposures consistency across institutions; (2) add reduce reporting burden, effective June and risk areas in other sections of the ‘‘Appropriation-Backed’’ to the list of 30, 2016. appendix without change. The appendix options for the Municipal Bond security Revisions to Schedule A.7.c (PPNR would also note that the Federal Reserve type in order to capture the unique Metrics) In order to fully align the expects to provide additional detail characteristics of this bond type; and (3) schedule with the stress scenarios, the relating to these requirements, and as remove debt issued by the Student Loan beta information would be collected well as suggested organization and Marketing Association as a U.S. according to the scenario instead of the metadata tags, through the CCAR Government or Agency debt current ‘‘normal environment’’ instructions. organization in accordance with recent requirement, effective December 31, developments in the student loan 2015. Proposed Revisions to the FR Y–14Q financing market. Additionally, the The proposed revisions to the FR Y– Federal Reserve proposes removing Schedule D.4 (Regulatory Capital schedule B.2 in order to reduce 14Q consist of clarifying instructions, Transitions—Standardized RWA) reporting burden. These changes would adding a schedule, and adding, deleting As with the changes to Schedule be effective December 31, 2015. A.1.c.2, the Federal Reserve proposes and redefining existing data items. Schedule C.3 (Regulatory Capital modifying this schedule in accordance These proposed changes would provide Instruments—Issuances During with FFIEC 102 and FR Y–9C Schedule additional information to enhance Quarter) HC–R. These changes would be effective supervisory models, be responsive to December 31, 2015. Additionally, the industry comments, and shift the All of the proposed changes to this Federal Reserve proposes removing special as-of dates for Schedules F and schedule are only applicable to projected year six from the projection L by one quarter in accordance with the subordinated debt instruments. period in accordance with the shift in modifications to the capital plan and The Federal Reserve proposes (1) the CCAR as-of date. stress test rules that were finalized adding an item that collects the October 27, 2014 (79 FR 64026). The currency in which the instrument is Proposed Schedule F (Business Plan Federal Reserve has conducted a denominated to be able to account for Changes) thorough review of proposed changes changes in exchange rates; (2) adding The Federal Reserve proposes adding and believes that because the proposed options to the Index item for Canadian a schedule that collects the effects of an item additions and modifications to the Dealer’s Offer Rate, Australian Bill Bank intended business plan change on a FR Y–14Q request information are Swap, and UK Libor as well as 1M, 3M, respondent’s asset, liability, and capital currently collected by respondents in and 6M maturities for all reference rates projections. This information has been their regular course of business as well as require respondents to specify collected in previous CCAR cycles on an reporting burden will be minimized. A the index used when Other is reported summary of the proposed changes by in order to accurately calculate 15 80 FR 43637 (July 23, 2015). schedule is provided below. contractual expenses; (3) restrict the

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55626 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

reporting of BHC-provided identifiers to Schedules H.1 and H.2 (Corporate Loan of the schedule and be responsive to only cases in which a CUSIP or ISIN and Commercial Real Estate) industry comments, which is in identifier is unavailable; and (4) adding The Federal Reserve proposes (1) conjunction with proposed changes to options to identify coupons that ‘‘step expanding the loan population to FR Y–14Q Schedules A.8, A.9, and M. up’’ or transition from fixed to floating include loans that were disposed during Schedule L (Counterparty) as well as items to identify the date on the reporting period as well as adding The Federal Reserve proposes (1) which the contractual terms change, the the item Disposition Flag that collects adding the item Stressed Discount reset coupon, and the spread over index, the disposition method in order to Factor to Schedule L.2 in order to also to more accurately calculate capture the difference in loan consistently capture this information as contractual expenses. These changes characteristics; (2) expanding the incorporated into respondents expected would be effective December 31, 2015, options of the Participation Flag item for and would require a separate one-time exposure profiles; (2) changing the agent, participant, and inclusion in the submission of all subordinated debt counterparties that are reported on Shared National Credit report in order instruments for the effective date in Schedule L.4 from the top 10 by credit to effectively identify syndicated loans; order to ensure the proposed valuation adjustment (CVA) to the top (3) adding the item Leveraged Loan Flag information is accurately captured for 10 by sensitivity to the risk factor in that identifies leveraged loans across all the associated subordinated debt each section of the schedule as well as wholesale loans, not only loans reported instrument. add several risk factors to this schedule, through the Shared National Credit Additionally, the Federal Reserve which would provide more material Program report, for a more accurate proposes adding items to collect details information for the same estimated reflection of the associated risk on swaps that are matched to ongoing burden; (3) modifying the characteristics of such loans; and (4) subordinated debt instruments in order reporting requirements for Schedules adding the item Participation Interest to capture the effect of these swaps on L.5 and L.6 so that the top 25 that captures the percent of the subordinated debt interest expenses. counterparties are reported by exposure commitment held by the respondent for Specifically, the Federal Reserve amount for the CCAR as of quarter, participated or syndicated loans to help proposes (1) adding items to capture the which would create consistency in the match loans across institutions. The details of interest rate swaps matched to reporting of counterparties across latter three items along with subordinated debt—issue date, maturity quarters, and replacing L.5.1.a, L.5.2.a, clarifications to the SNC Internal Credit date, notional amount, fixed payment L.6.1.a, and L.6.2.a with a requirement ID would allow the Federal Reserve to rate, payment index, and payment for separate submissions and an item better match loans between FR Y–14Q spread over index; (2) adding items to identifying the submission; (4) on Schedule H and the Shared National capture the details of foreign exchange Schedule L.4 combining the Credit report and to explore methods to swaps matched to subordinated debt— counterparty and reference spread utilize both reports. These changes currency denomination of the portions as well as the CCC and below would be effective March 31, 2016. instrument, currency of the payment, rating categories of the Credit Spreads notional amount, and exchange rate; Schedule H.1 (Corporate Loan) section in an effort to reduce reporting and (3) adding items that collect the The Federal Reserve proposes (1) burden; (5) adding an item to Schedules unamortized discounts, premiums and L.1 through L.4 that requires the fees, the fair value of the swap, and the eliminating the restriction to the loan population of legally binding reporting of a Legal Entity Identifier for carrying value of the swap as well as an each counterparty, as available, in order item that reconciles the carrying value commitments, which would align the schedule with the FR Y–9C definition of to more accurately identify and match to the FR Y–9C. These changes would counterparties throughout Schedule L; be effective June 30, 2016, and would corporate loans; (2) adding five categories to the Credit Facility Purpose and (6) changing or adding the Industry require a separate one-time submission item on Schedules L.1 through L.6 to of all subordinated debt instruments for item to capture non-purpose margin loans, non-purpose loans collateralized require respondents to report a North the effective date in order to ensure the American Industry Classification proposed information is accurately by securities for other purposes, dealer floorplan, equipment leasing, and bridge System code to more accurately identify captured for the associated subordinated the industry of the counterparty. These debt instrument. financing in order to more accurately require such loans to be reported as changes would be effective December Schedule D.4 (Regulatory Capital wholesale loans; (3) adding two 31, 2015. Transitions—Standardized RWA) categories to the Credit Facility Type Schedule M (Balances) item to identify fronting exposures and As with the changes to FR Y–14A Along with proposed changes to FR Schedule A.1.c.2, the Federal Reserve swinglines to appropriately capture their unique characteristics in Y–14Q Schedules A.8, A.9, and H.1, the proposes modifying this schedule in Federal Reserve proposes modifying accordance with FFIEC 102 and FR Y– supervisory modeling; and (4) adding two items—Syndicated Loan Flag and items such that non-purpose 9C Schedule HC–R. These changes commercial loans and loans for would be effective December 31, 2015. Target Hold—that capture the status of the credit and the share of the credit purchasing or carrying securities are Schedule G (PPNR) that the respondent intends to retain reported in the commercial loan line The Federal Reserve proposes upon clearing of the deal in order to items, regardless of whether they are eliminating the deposit funding assign credit risk throughout the graded or scored. This change would be threshold and requiring submissions syndication process. These changes effective December 31, 2015. from all respondents. Currently nearly would be effective March 31, 2016. Proposed Revisions to the FR Y–14M all respondents are required to submit Additionally, effective December 31, this schedule, and this modification 2015, the Federal Reserve proposes (5) Schedule A (First Lien) would create consistency in analysis expanding the loan population to The Federal Reserve proposes (1) and supervisory modeling across include non-purpose loans that are not adding two items—Serviced by Others respondents. graded to accurately reflect the intention Flag and Reporting As of Month—in an

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55627

effort to be responsive to industry FR Y–14M Schedule B (Home Equity Board of Governors of the Federal Reserve comments regarding the delayed Loan and Home Equity Line) System, September 11, 2015. reporting of loans that are serviced-by- Michael J. Lewandowski, others; and (2) adding two options to the What is the most efficient and cost- Associate Secretary of the Board. Mortgage Insurance Company item to effective manner to collect the [FR Doc. 2015–23250 Filed 9–15–15; 8:45 am] more consistently identify companies information related to the performance BILLING CODE 6210–01–P within and across respondents. These of a first lien that is related to a junior changes would be effective December lien reported on FR Y–14M Schedule B? 31, 2015. What standards could be established FEDERAL RESERVE SYSTEM that would make this item easier to Schedule B (Home Equity) report (e.g. use of credit bureau scores Formations of, Acquisitions by, and as proxy, use of external vendors to Mergers of Bank Holding Companies The Federal Reserve proposes (1) procure data, establish threshold limits adding two items—Serviced by Others The companies listed in this notice if the junior lien portfolio is below a Flag and Reporting As of Month—in an have applied to the Board for approval, certain limit)? effort to be responsive to industry pursuant to the Bank Holding Company comments regarding the delayed Board of Governors of the Federal Reserve Act of 1956 (12 U.S.C. 1841 et seq.) reporting of loans that are serviced-by- System, September 11, 2015. (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes others; and (2) adding the item Payment Michael Lewandowski, and regulations to become a bank Type at the End of Draw Period and an Associate Secretary of the Board. holding company and/or to acquire the option to the Modification Type item to [FR Doc. 2015–23267 Filed 9–15–15; 8:45 am] assets or the ownership of, control of, or capture the differing risk characteristics BILLING CODE 6210–01–P the power to vote shares of a bank or based on payment type set on the loan bank holding company and all of the after the draw period has ended. These banks and nonbanking companies changes would be effective December FEDERAL RESERVE SYSTEM owned by the bank holding company, 31, 2015. including the companies listed below. Change in Bank Control Notices; Notice of Intent To Share Information The applications listed below, as well Acquisitions of Shares of a Bank or as other related filings required by the The Office of Financial Research Bank Holding Company Board, are available for immediate (OFR) of the Department of Treasury has inspection at the Federal Reserve Bank The notificants listed below have requested access to the FR Y–14A/Q/M indicated. The applications will also be applied under the Change in Bank reports for use in connection with its available for inspection at the offices of Control Act (12 U.S.C. 1817(j)) and statutory mandate ‘‘to evaluate and the Board of Governors. Interested § 225.41 of the Board’s Regulation Y (12 report on stress tests.’’ The current FR persons may express their views in CFR 225.41) to acquire shares of a bank Y–14 collections indicate that the writing on the standards enumerated in or bank holding company. The factors collected data will be kept confidential. the BHC Act (12 U.S.C. 1842(c)). If the that are considered in acting on the Through this proposal, the Board is proposal also involves the acquisition of notices are set forth in paragraph 7 of a nonbanking company, the review also providing notice that OFR will have the Act (12 U.S.C. 1817(j)(7)). includes whether the acquisition of the access to the FR Y–14A/Q/M reports. nonbanking company complies with the The OFR has provided assurances that The notices are available for standards in section 4 of the BHC Act it will maintain the confidentiality of immediate inspection at the Federal Reserve Bank indicated. The notices (12 U.S.C. 1843). Unless otherwise this information, including that it would noted, nonbanking activities will be limit access to the data to authorized also will be available for inspection at the offices of the Board of Governors. conducted throughout the United States. staff and that any publication by the Unless otherwise noted, comments Interested persons may express their OFR using the reports would not regarding each of these applications contain confidential information. views in writing to the Reserve Bank must be received at the Reserve Bank indicated for that notice or to the offices Request for Additional Feedback indicated or the offices of the Board of of the Board of Governors. Comments Governors not later than October 13, Respondents have previously must be received not later than October 2015. expressed concern, either through 1, 2015. A. Federal Reserve Bank of industry groups or the Federal Reserve’s A. Federal Reserve Bank of Atlanta Philadelphia (William Lang, Senior Vice Frequently Asked Questions process, (Chapelle Davis, Assistant Vice President) 100 North 6th Street, regarding the cost and burden of President) 1000 Peachtree Street NE., Philadelphia, Pennsylvania 19105– collecting the information related to the Atlanta, Georgia 30309: 1521: 1. Riverview Financial Corporation, Performance of First Lien item of FR Y– 1. 4580 Trust (Shveta S. Raju and Halifax, Pennsylvania; to acquire The 14M Schedule B. As such, respondents Asha J. Shah, co-trustees), 3490 Trust Citizens National Bank of Meyersdale, either have been unable to report this (Deep J. Shah and Asha J. Shah, co- Meyersdale, Pennsylvania. information or have been doing so trustees); 2764 Trust (Deep J. Shah and B. Federal Reserve Bank of St. Louis inconsistently. During the 60 day public Shveta S. Raju, co-trustees); and Deep J. (Yvonne Sparks, Community comment period, the Federal Reserve is Shah, all of Duluth, Georgia, to join the Development Officer) P.O. Box 442, St. requesting industry feedback on the Shah Family control group, which Louis, Missouri 63166–2034: item below. If respondents are controls voting shares of Touchmark 1. The Farmers and Merchants concerned about providing this Bancshares, Inc., and thereby indirectly Bankshares, Inc., Stuttgart, Arkansas; to information in a public comment letter, controls voting shares of Touchmark acquire 100 percent of the voting shares the Federal Reserve recommends that National Bank, both in Alpharetta, of Bankshares of Fayetteville, Inc., and responses be submitted anonymously. Georgia. thereby indirectly acquire voting shares

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55628 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

of The Bank of Fayetteville, both in Commission. Comments must be • Approval of Budget Request for CY Fayetteville, Arkansas. received by 5:00 p.m., (EDT), Friday, 2016 • Board of Governors of the Federal Reserve October 9, 2015 and may be provided by Discussion of recommendations to System, September 11, 2015. email to daniel.dayton@ be made to the Congress and the Michael J. Lewandowski, worldwar1centennial.gov. President Requests to comment at the meeting • World War 1 Washington Memorial Associate Secretary of the Board. must be received by 5:00 p.m. (EDT), Report [FR Doc. 2015–23249 Filed 9–15–15; 8:45 am] Friday, October 9, 2015. Written • Fund Raising Report BILLING CODE 6210–01–P comments may be provided to Mr. • Education Report Dayton at daniel.dayton@ • Set next meeting worldwar1centennial.gov until Friday, Dated: September 10, 2015. GENERAL SERVICES October 9, 2015. Please contact Mr. ADMINISTRATION Daniel S. Dayton, Dayton at the email address above to Designated Federal Official, World War I [Notice–WWICC–2015–03; Docket No. 2015– obtain meeting materials. Centennial Commission. 0006; Sequence 3] SUPPLEMENTARY INFORMATION: [FR Doc. 2015–23247 Filed 9–15–15; 8:45 am] World War One Centennial Background BILLING CODE 6820–95–P Commission; Notification of Upcoming The World War One Centennial Public Advisory Meeting Commission was established by Public GENERAL SERVICES AGENCY: World War One Centennial Law 112–272, as a commission to ADMINISTRATION Commission. ensure a suitable observance of the centennial of World War I, to provide [Notice–ID–2015–01; Docket No. 2015–0002; ACTION: Meeting notice. for the designation of memorials to the Sequence 24] SUMMARY: Notice of this meeting is being service of members of the United States GSA’s Digital Innovation Hack-a-thon provided according to the requirements Armed Forces in World War I, and for Fall 2015 of the Federal Advisory Committee Act, other purposes. 5 U.S.C. App. 10(a)(2). This notice Under this authority, the Committee AGENCY: GSA IT, Digital Services provides the schedule and agenda for will plan, develop, and execute Division, General Services the October 14, 2015 meeting of the programs, projects, and activities to Administration (GSA). World War One Centennial Commission commemorate the centennial of World ACTION: Notice. (the Commission). The meeting will be War I, encourage private organizations held via teleconference. and State and local governments to SUMMARY: The purpose of this notice is to announce a software programming DATES: Effective: September 16, 2015. organize and participate in activities Meeting Date and Location: The commemorating the centennial of World and data innovation competition hosted meeting will be held on Wednesday, War I, facilitate and coordinate activities by GSA IT’s Digital Services Division October 14, 2015 starting at 10:00 a.m. throughout the United States relating to that will be held on Friday, October 16, Eastern Daylight Time (EDT), and the centennial of World War I, serve as 2015. The competition details can be ending no later than 12:00 p.m., (EDT). a clearinghouse for the collection and viewed at http://open.gsa.gov/Digital- The meeting will be held via dissemination of information about Innovation-Hackathon-Fall2015. The teleconference, which will originate at events and plans for the centennial of goal of this competition is to ask the the office of the Commission at 1776 G World War I, and develop public and academia to develop smart Street NW., Suite 107, Washington, DC recommendations for Congress and the technology solutions in the form of an 20006. President for commemorating the application, application programming Access to this location is via entrance centennial of World War I. The interface (API), and/or data mashup that to the right of the entrance to 1777 F Commission does not have an has the capability to provide GSA with Street NW., Washington, DC. This appropriation and operated solely on key insights and recommendations for location is handicapped accessible. The donated funds. future enhancements. GSA will meeting will be open to the public and Contact Daniel S. Dayton at challenge software developers, will also be available telephonically. daniel.dayton@ designers, engineers, data scientists, and Persons attending in person are worldwar1centennial.gov to register to subject matter experts (SMEs) to create requested to refrain from using perfume, comment during the meeting’s 30 a solution using publicly available GSA cologne, and other fragrances (see minute public comment period. data. http://www.access-board.gov/about/ Registered speakers/organizations will DATES: Registration for this event will policies/fragrance.htm for more be allowed 5 minutes and will need to close Tuesday, October 13, 2015, at information). Persons wishing to listen provide written copies of their 11:59 p.m. Eastern Standard Time to the proceedings may dial 712–432– presentations. Requests to comment, (EST). The competition will be open on 1001 and enter access code 474845614. together with presentations for the Friday, October 16, 2015, from 9:00 a.m. Note this is not a toll-free number. meeting must be received by 5:00 p.m. until 4:30 p.m. Eastern Standard Time FOR FURTHER INFORMATION CONTACT: Eastern Standard Time (EDT), October (EST), on-site registration at GSA will Daniel S. Dayton, Designated Federal 9, 2015. Please contact Mr. Dayton at the begin at 8:30 a.m. (EST). Officer, World War 1 Centennial email address above to obtain meeting ADDRESSES: Registration: Registration Commission, 701 Pennsylvania Avenue materials. for this event will be accomplished NW., 123, Washington, DC 20004–2608, Agenda: Wednesday October 14, 2015 online at the following link: http:// telephone number 202–380–0725 (note: Old Business: open.gsa.gov/Digital-Innovation- this is not a toll-free number). • Approval of minutes of previous Hackathon-Fall2015. The event space is Written Comments may be submitted meetings limited to the first 120 people; once to the Commission and will be made • Public Comment Period registration is complete, participants part of the permanent record of the New Business: will receive a confirmation email.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55629

Event Location: 1800 F Street NW., publicly available datasets in advance of citizen or permanent resident of the Washington, DC 20405, Conference the event. Event information will be United States. Center. A government-issued ID shall be posted on the following page, http:// Participants may not be a Federal required to gain access into the open.gsa.gov/Digital-Innovation- entity or Federal employee acting building. All participants must enter Hackathon-Fall2015, and will be within the scope of employment. through the main entrance located on updated as necessary. Hackathon However, an individual or entity shall 18th Street. projects may include the following: not be deemed ineligible to win prize FOR FURTHER INFORMATION CONTACT: Ms. • Green House Gas (GHG) Reduction money because the individual or entity Cindy A. Smith at [email protected] Visualization—The Office of used Federal facilities or consulted with or 816–823–5291. Governmentwide Policy (OGP) has been Federal employees during a competition if the facilities and employees are made SUPPLEMENTARY INFORMATION: working to create an analytical available to all individuals and entities Purpose: In this competition, framework and tool to support agencies in meeting the goals outlined in a recent participating in the competition on an participants are asked to develop a equitable basis. technology-driven solution using Executive Order 13693 ‘Planning for Federal Sustainability in the Next Pre-determined teams of up to 5 publicly available GSA data that allows members are welcome to include a an agency to identify opportunities for Decade’, regarding greenhouse gas emission reductions. The model stand-alone or mix of private industry, improvements and transparency. As non-profit, and academia. Modification such, GSA challenges the participants to currently uses several variables to help agencies examine how increasing their to team make-up may occur based on create a solution using GSA data that team skill make-up at the direction of could be replicated across government use of E–85 capable vehicles and replacing gas-powered vehicles with E– the competition host. to every agency, using their own data. Participants agree to assume any and 85 capable vehicles would affect their GSA will provide electronic links to all risks and waive claims against the total greenhouse gas emissions. Skills publicly available datasets through the federal government and its related desired include database coding ability competition details Web page. The entities, except in the case of willful (e.g., SQL language), analytical research, datasets will also be available through misconduct, for any injury, death, and experience using data visualization Data.gov. damage, or loss of property, revenue, or Details of Challenge: Design and software. • profits, whether direct, indirect, or create a digital interactive solution in Data Center Consolidation Mashup consequential, arising from the form of an application, application and Tool—Multiple stakeholders participation in this competition, programming interface (API), and/or including the White House, Congress, whether the injury, death, damage, or data mashup that utilizes federal data and government agencies share a loss arose through negligence or collected by GSA. The technology common interest in better utilizing otherwise. Participants also agree to solution should be innovative! GSA government data centers. This has led to obtain liability insurance or does not want an analysis tool that tells multiple report generation from demonstrate financial responsibility, to what is already known. This should be multiple sources to better understand cover a third party for death, bodily a forward-thinking solution that power consumption and data center injury, property damage, or loss enhances transparency. utilization and efficiency. The purpose resulting from an activity carried out in The solution should be a data-driven of this challenge is to mashup different connection with participation in this solution to provide meaningful insights datasets into visualization and competition, with the Federal that can help drive smarter decisions by application for all stakeholders to Government named as an additional federal employees. The ultimate goal is utilize. Skills desired include web and insured under the registered to help federal agencies use data to its application developers, user experience participant’s insurance policy and fullest, share data with all agencies, and (UX) designers, data scientists, and data registered participants agreeing to become more transparent to the center SMEs. indemnify the Federal Government • American public. Travel Challenge 2.0 App against third party claims for damages The solution should accomplish two Development—As a continuation of a arising from or related to the tasks: Travel Challenge held in 2014, GSA is competition activities, and the Federal 1. Visually display or transmit data in looking for developers to take the Travel Government for damage or loss to a way that will enhance the way GSA Application to the next level. Developed Government property resulting from works; and in Python code, this tool is close to such an activity. 2. Through analysis of the data, production quality and needs some As GSA is under a strict duty not to identify relationships, if they exist, and finishing code and design ideas. Skills give preferential treatment to any provide valuable insights that could be desired include Python developers and private organization or individual, gained through improved data UX designers. participants must agree to take diligent collection efforts. Eligibility for Challenge: Eligibility to care to avoid the appearance of Coders, designers, engineers, data participate in the GSA Digital Government endorsement of scientists, SMEs from industry, and Innovation Hackathon Fall 2015 edition competition participation and academia are all invited! Pre- and win a prize is limited to entities/ submission. Participants must agree not determined teams are welcome to individuals— to refer to GSA’s use of your submission include a stand-alone or mix of private 1. That have registered to participate (be it product or service) in any industry, non-profit, and academia. in the competition and complied with commercial advertising or similar Modification to team make-up may the rules of the competition as promotions in a manner that could occur based on team skill make-up at explained in this posting; and reasonably imply (in the judgment of a the direction of the competition host. 2. That have been incorporated in and reasonable person) that the GSA or the Cash prizes will be awarded to the best maintain a primary place of business in federal government endorses, prefers, projects. the United States, and in the case of an sponsors, or has an affiliation with Data: Participants will be provided all individual, whether participating singly participants’ products or services. final project ideas, existing code, and or in a group, the participant must be a Participants agree that GSA’s

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55630 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

trademarks, logos, service marks, trade updated with additional data from other Valuable Information And Insights names, or the fact that GSA awarded a agencies; and Regarding Data/Weight 20% prize to a participant, shall not be used 10. The solver must provide by the participant to imply direct GSA recommendations to enhance Description—The solver provides endorsement of participant or Government insights through recommendations for additional data participant’s submission. Both improvements in data collection. elements to be collected by the government. The solver identifies gaps participants and GSA may list the other The winner(s) of the competition will, party’s name in a publicly available in consideration of the prize(s) to be in the data and utilizes external data customer or other list so long as the awarded, grant to GSA a perpetual, non- sources and research to aid the name is not displayed in a more exclusive, royalty-free license to use any government in setting future data prominent fashion than any other third- and all intellectual property to the collection policies. party name. winning entry for any governmental Challenge Goal and Objectives Prizes: GSA may award up to three purpose, including the right to permit team prizes but no more than $1,000 to such use by any other agency or Goal: Design and build an each member of a winning team. GSA is agencies of the Federal Government. All application, API, and/or data mashup not required to award all prizes if the other rights of the winning entrant will while using GSA data that solves one of judges determine that a smaller number be retained by the winner of the three GSA business problems provided of entries meet the scope and competition. requirements laid out for this at the Hackathon. competition, or if the agency plans to Scope: Any federal data and Objectives: only use code from a smaller number of information that is publicly available is included in the scope of this challenge. —Utilize GSA data to create an entries. application, API, and/or data mashup. Participants can win no more than Final project ideas, existing code, and $1,000 per person. Funding for this GSA public datasets will be provided in —Provide GSA a better understanding Digital Innovation Hackathon Fall 2015 advance of the event. of use and needs of current and future edition award will come from GSA. Judges: There will be three judges, data assets. Prizes will be awarded to the winner(s) each with expertise in government-wide —Post all open source solutions on of the competition via Electronic Funds policy, travel, information technology, the GSA open source code site for future Transfer (EFT), within 60 days of and/or acquisition. Judges will award a use by the government developer announcement of the winner(s). score to each submission. The winner(s) community and GSA. Requirements: The final solution of the competition will be decided Registration: Registration for this should be open source code and placed based on the highest average overall on a GSA site to be specified to score. Judges will only participate in event will be accomplished online at the participants the day of the event. ‘‘Open judging submissions for which they do following link: http://open.gsa.gov/ source’’ refers to a program in which the not have any conflicts of interest. Digital-Innovation-Hackathon-Fall2015. source code is available to the general Judging Criteria: A panel of judges It shall remain open until Tuesday, public for use and/or modification from will assess each solution based on October 13, 2015, at 11:59 p.m., Eastern its original design free of charge. In technical competence and capabilities, Standard Time (EST) or until the 120- order to be Open Source Initiative use of GSA data to provide effective person registration capacity is reached. Certified, the solution must meet the outcomes, creativity/innovation, and Once registration is complete, you shall following ten criteria: valuable information and insights. receive a confirmation email. 1. The author or holder of the license Submissions will be judged based on All participants are required to check of the source code cannot collect the following metrics: in with Security upon arriving at the royalties on the distribution of the Criteria Technical Cmpetence and GSA Central Office Building, 1800 F program; Street NW., Washington, DC 20405. A 2. The distributed program must make Capabilities/Weight 50% government- issued ID is required to the source code accessible to the user; Description—The solution addresses 3. The author must allow gain access into the building. All the primary goals of the Hackathon. It is modifications and derivations of the participants must enter through the a finished product that can provide work under the program’s original main entrance located on 18th Street. insightful analysis and show GSA how name; Proceed through Security and follow 4. No person, group, or field of to enhance/improve existing functions, share data across GSA and more the posted signs to the Conference endeavor can be denied access to the Center, Rooms 1459, 1460, and 1461. program; efficiently utilize existing applications. Check in at the registration table on 5. The rights attached to the program Use of Data To Provide Effective Friday, October 16, 2015, begins at 8:30 must not depend on the program being Outcomes/Weight 20% part of a particular software a.m., Eastern Standard Time (EST). All distribution; Description—The solution displays in participants must stop here to sign the 6. The licensed software cannot place a way that is easy to understand, required form shown below: restrictions on other software that is visually appealing, and will help drive • Gratuitous Service Agreement. distributed with it; understanding of current trends as well 7. The solution must be an online, as recommendations. Dated: September 10, 2015. Kris Rowley, interactive solution that meets the goals Creativity/Innovation/Weight 10% and objectives provided in this Director, Enterprise Information & Data document; Description—The solution exceeds Mgmt. Ofc. 8. The solution must include any internal capability that GSA has for [FR Doc. 2015–23246 Filed 9–15–15; 8:45 am] documentation of all data sources used; analysis of data through its BILLING CODE 6820–34–P 9. The solution must include a incorporation of creative design description of how the solution can be elements and innovative capabilities.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4703 Sfmt 9990 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55631

DEPARTMENT OF HEALTH AND and Budget, Washington, DC 20503 or and Territorial Epidemiologists HUMAN SERVICES by fax to (202) 395–5806. Written approved a position statement in 2012 comments should be received within 30 that recommends increased focus on B. Centers for Disease Control and days of this notice. canis, and urges CDC to support the Prevention development of a human diagnostic Proposed Project [30 Day–15–15AIS] assay. CDC Burden of Canine Brucellosis The purpose of this information Agency Forms Undergoing Paperwork Information Collection—New—National collection request is to estimate the Reduction Act Review Center for Emerging and Zoonotic burden of canine brucellosis in the Infectious Diseases, Centers for Disease United States, which will aid in the The Centers for Disease Control and Control and Prevention (CDC). determination of the level of public Prevention (CDC) has submitted the health importance of human B. canis following information collection request Background and Brief Description infections, and the potential for to the Office of Management and Budget Canine brucellosis is a bacterial transmission of brucellosis from dogs. (OMB) for review and approval in infection caused by the organism An estimate of disease burden in dogs accordance with the Paperwork Brucella canis. Few seroprevalence will provide an idea of potential Reduction Act of 1995. The notice for studies have been done to estimate the transmission between dogs and humans, the proposed information collection is prevalence of canine brucellosis, most and determine the need for future published to obtain comments from the of which were conducted over 25 years human public health studies, which is public and affected agencies. ago. Two recent reports from Oklahoma Written comments and suggestions critical during this time of scarce and Wisconsin describe increasing resources. from the public and affected agencies prevalence in dogs; however, the Veterinary diagnostic laboratories concerning the proposed collection of national burden is not known. B. canis throughout the United States will be information are encouraged. Your is also pathogenic to humans, although solicited to provide information on the comments should address any of the human infections are thought to be rare quantity of test requests and positive following: (a) Evaluate whether the in the United States. proposed collection of information is Unlike Brucella abortus, B. melitensis, results for Brucella spp. in canines, necessary for the proper performance of and B. suis, B. canis is not classified as outsourcing of clinical testing, state- the functions of the agency, including a select agent. As a result, laboratory wide policies for reporting of positive whether the information will have identification of the organism in results, and policies for human practical utility; (b) Evaluate the humans does not require reporting to exposure to clinical specimens or accuracy of the agencies estimate of the the Laboratory Response Network. isolates. burden of the proposed collection of Brucella species-specific data are not The laboratories were identified information, including the validity of collected in the Nationally Notifiable through multiple sources: A review of the methodology and assumptions used; Disease Surveillance System at CDC, the Animal and Plant Health Inspection (c) Enhance the quality, utility, and and there are no validated Brucella Service-approved Brucella diagnostic clarity of the information to be canis serological tests to diagnose laboratories, the National Animal Health collected; (d) Minimize the burden of disease in humans. For these reasons, Laboratory Network laboratories, the the collection of information on those there are no national estimates of B. American Association of Veterinary who are to respond, including through canis prevalence in humans or canines. Laboratory Diagnosticians (AAVLD), the use of appropriate automated, Additionally, canine infections with and an internet search. electronic, mechanical, or other other Brucella species have been The outcomes of this information technological collection techniques or reported in the literature. Zoonotic collection are to assess the burden of other forms of information technology, transmission is a concern with all disease in the animal host (dogs, in this e.g., permitting electronic submission of Brucella species pathogenic to humans, case), as well as evaluate the knowledge responses; and (e) Assess information and at least one human infection with and practices of occupational exposures collection costs. B. suis related to canine contact has to the organism. The information To request additional information on been reported. Neither the prevalence of collected will be used to guide a longer the proposed project or to obtain a copy canine brucellosis nor the potential risk term strategy for identification of human of the information collection plan and of zoonotic spread to humans is known. cases, understanding risk factors and instruments, call (404) 639–7570 or There has been interest in human activities associated with zoonotic send an email to [email protected]. Written brucellosis caused by B. canis among transmission, and eventually validation comments and/or suggestions regarding the public health community. However, of a human diagnostic assay. These the items contained in this notice the degree of public health importance strategies will be implemented using should be directed to the Attention: of human B. canis infections has not yet other mechanisms. CDC Desk Officer, Office of Management been ascertained. The Council of State The total annual burden is 139 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Veterinary diagnostic laboratory staff ...... Burden of Canine Brucellosis Information 119 1 1 Collection. Non-responders (over estimation) ...... Telephone script ...... 119 1 5/60

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55632 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

ESTIMATED ANNUALIZED BURDEN HOURS—Continued

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

Other laboratories...... Burden of Canine Brucellosis Information 10 1 1 Collection.

Total

Leroy A. Richardson, Corrective Action Documentation are subject to a penalty are allowed to Chief, Information Collection Review Office, Process. provide reasonable cause justifications Office of Scientific Integrity, Office of the OMB No.: 0970–0215. as to why a penalty should not be Associate Director for Science, Office of the imposed or may develop and implement Director, Centers for Disease Control and Description: 42 U.S.C. 612 (Section corrective compliance procedures to Prevention. 412 of the Social Security Act as eliminate the source of the penalty. [FR Doc. 2015–23226 Filed 9–15–15; 8:45 am] amended by Public Law 104–193, the Finally, there is an annual report, which BILLING CODE 4163–18–P Personal Responsibility and Work Opportunity Reconciliation Act of 1996 requires the Tribes to describe program (PRWORA)), mandates that federally characteristics. All of the above DEPARTMENT OF HEALTH AND recognized Indian Tribes with an requirements are currently approved by HUMAN SERVICES approved Tribal TANF program collect OMB and the Administration for and submit to the Secretary of the Children and Families is simply Administration for Children and Department of Health and Human proposing to extend them without any Families Services data on the recipients served changes. Submission for OMB Review; by the Tribes’ programs. This Respondents: Indian Tribes. Comment Request information includes both aggregated and disaggregated data on case Title: Tribal TANF Data Report, TANF characteristics and individual Annual Report, and Reasonable Cause/ characteristics. In addition, Tribes that

ANNUAL BURDEN ESTIMATES

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

Final Tribal TANF Data Report ...... 70 4 451 126,280 Tribal TANF Annual Report ...... 70 1 40 2,800 Tribal TANF Reasonable Cause/Corrective ...... 70 1 60 4,200

Estimated Total Annual Burden Office of Management and Budget, SUMMARY: The U.S. Food and Drug Hours: 133,280. Paperwork Reduction Project, Fax: 202– Administration (FDA or Agency) is _ Additional Information: Copies of the 395–7285, Email: OIRA SUBMISSION@ issuing an order under the Federal proposed collection may be obtained by OMB.EOP.GOV, Attn: Desk Officer for Food, Drug, and Cosmetic Act (the writing to the Administration for the Administration for Children and FD&C Act) permanently debarring Syed Families. Huda from providing services in any Children and Families, Office of capacity to a person that has an Planning, Research and Evaluation, 370 Robert Sargis, approved or pending drug product L’Enfant Promenade, SW., Washington, Reports Clearance Officer. application. FDA bases this order on a DC 20447, Attn: ACF Reports Clearance [FR Doc. 2015–23179 Filed 9–15–15; 8:45 am] finding that Mr. Huda was convicted of Officer. All requests should be BILLING CODE 4184–01–P two felonies under Federal law for identified by the title of the information conduct relating to the regulation of a collection. Email address: drug product. Mr. Huda was given [email protected]. DEPARTMENT OF HEALTH AND notice of the proposed permanent HUMAN SERVICES OMB Comment: OMB is required to debarment and an opportunity to make a decision concerning the Food and Drug Administration request a hearing within the timeframe collection of information between 30 prescribed by regulation. Mr. Huda and 60 days after publication of this failed to respond. Mr. Huda’s failure to [Docket No. FDA–2014–N–2102] document in the Federal Register. respond constitutes a waiver of his right Therefore, a comment is best assured of Syed Huda: Debarment Order to a hearing concerning this action. having its full effect if OMB receives it DATES: This order is effective September within 30 days of publication. Written AGENCY: Food and Drug Administration, 16, 2015. comments and recommendations for the HHS. ADDRESSES: Submit applications for proposed information collection should special termination of debarment to the ACTION: Notice. be sent directly to the following: Division of Dockets Management (HFA–

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55633

305), Food and Drug Administration, Commonwealth of Virginia. Some of the has an approved or pending drug 5630 Fishers Lane, Rm. 1061, Rockville, drugs and devices that Mr. Huda product application. The proposal was MD 20852. acquired were not approved by the FDA based on the finding, under section FOR FURTHER INFORMATION CONTACT: for use on patients in the United States. 306(a)(2)(B) of the FD&C Act, that Mr. Kenny Shade (ELEM–4144) Division of Mr. Huda admitted that the drugs sold Huda was convicted of felonies under Enforcement, Office of Enforcement and by Gallant Pharma were prescription Federal law for conduct related to the Import Operations, Office of Regulatory only; and were misbranded in that, regulation of a drug product. The Affairs, Food and Drug Administration, among other things, they did not bear proposal also offered Mr. Huda an 12420 Parklawn Dr., Rockville, MD adequate directions for use and were not opportunity to request a hearing, 20857, 301–796–4640. subject to an exemption from that providing him 30 days from the date of requirement; and they were receipt of the letter in which to file the SUPPLEMENTARY INFORMATION: accompanied by non-FDA approved request, and advised him that failure to I. Background packaging and inserts. The drugs request a hearing constituted a waiver of Section 306(a)(2)(B) of the FD&C Act Gallant Pharma sold also lacked the the opportunity for a hearing and of any (21 U.S.C. 335a(a)(2)(B)) requires FDA-required pedigree, which protects contentions concerning this action. The debarment of an individual if FDA finds patient health by tracking each sale, proposal was received on May 26, 2015. that the individual has been convicted purchase, or trade of a drug from the Mr. Huda failed to respond within the of a felony under Federal law for time of manufacturing to delivery to the timeframe prescribed by regulation and conduct relating to the regulation of any patient. has, therefore, waived his opportunity Immediately after establishing Gallant drug product under the FD&C Act. for a hearing and has waived any Pharma’s presence in the Eastern On May 16, 2014, the U.S. District contentions concerning his debarment District of Virginia, on or about Court for the Eastern District of Virginia (21 CFR part 12). September 25, 2009, Mr. Huda received entered judgment against Mr. Huda for a cease and desist letter from a law firm II. Findings and Order one count of importation contrary to on behalf of Medicis, the exclusive Therefore, the Director, Office of law, in violation of 18 U.S.C. 545 and authorized marketer of RESTYLANE Enforcement and Import Operations, 2, one count of introducing misbranded and PERLANE in the United States and Office of Regulatory Affairs, under drugs into interstate commerce, in Canada. The letter informed Gallant section 306(a)(2)(B) of the FD&C Act, violation of 21 U.S.C. 331(a), 333(a)(2), Pharma that its marketing of these drugs under authority delegated to him (Staff and 18 U.S.C. 2, one count of violated the FD&C Act and could subject Manual Guide 1410.35), finds that Syed unlicensed wholesale distribution of Gallant Pharma to substantial criminal Huda has been convicted of felonies prescription drugs, in violation of 21 and civil penalties. The letter included under Federal law for conduct relating U.S.C. 331(t), 333(b)(1)(D), 353(e)(2)(A), Gallant Pharma’s marketing materials, to the regulation of a drug product. and 18 U.S.C. 2, and one count of wire which falsely claimed that Gallant As a result of the foregoing finding, fraud, in violation of 18 U.S.C. 1343. Pharma had been ‘‘strictly working with Syed Huda is permanently debarred FDA’s finding that debarment is the current FDA rules and regulations from providing services in any capacity appropriate is based on the felony for almost 10 years.’’ to a person with an approved or convictions referenced herein. The Mr. Huda personally solicited orders pending drug product application under factual basis for this conviction is as on behalf of Gallant Pharma, and on or sections 505, 512, or 802 of the FD&C follows: Mr. Huda was a cofounder and about October 19, 2010, he sold 10 vials Act (21 U.S.C. 355, 360b, or 382), or co-owner of Gallant Pharma of misbranded TAXOTERE to a under section 351 of the Public Health International Inc. (Gallant Pharma), physician in Oceanside, CA, in Service Act (42 U.S.C. 262), effective between August 2009 and August 2013. exchange for $2450, thereby causing (see DATES)(see section 201(dd), Gallant was a company dedicated to the misbranded drugs to travel in interstate 306(c)(1)(B), and 306(c)(2)(A)(ii) of the illegal importation and sale of commerce from the Eastern District of FD&C Act (21 U.S.C. 321(dd), misbranded and non-FDA approved Virginia. Mr. Huda was aware of several 335a(c)(1)(B), and 335a(c)(2)(A)(ii)). Any chemotherapy drugs and injectable occasions in which physicians person with an approved or pending cosmetic drugs and devices in the complained after receiving drugs with drug product application who United States. packaging and inserts written in knowingly employs or retains as a As cofounder and co-owner of Gallant language other than English, and he consultant or contractor, or otherwise Pharma, Mr. Huda was primarily authorized a price reduction upon uses the services of Syed Huda, in any responsible for the United States based receiving such complaints. capacity during his debarment, will be portion of the conspiracy, including: (1) Between August 2009 and August subject to civil money penalties (section Identifying a drop shipper willing to 2013, Gallant Pharma received illegal 307(a)(6) of the FD&C Act (21 U.S.C. accept illegal importations of behalf of proceeds of at least $12,400,000 from 335b(a)(6))). If Mr. Huda provides Gallant Pharma, (2) locating space for the sale of misbranded and non-FDA services in any capacity to a person with Gallant Pharma to store misbranded and approved drugs and devices in the an approved or pending drug product non-FDA approved drugs and devices, United States. Mr. Huda admitted that application during his period of (3) establishing relationships with he was an organizer or leader of this debarment he will be subject to civil customers in the Washington, DC criminal activity and that his actions money penalties (section 307(a)(7) of the metropolitan area, (4) interviewing and were in all respects knowing, voluntary, FD&C Act. In addition, FDA will not hiring sales representatives in other and intentional, and did not occur by accept or review any abbreviated new parts of the United States, and (5) accident, mistake, or for another drug applications from Syed Huda establishing merchant accounts with innocent reason. during his period of debarment (section credit card processors, for receipt of As a result of his conviction, on May 306(c)(1)(B) of the FD&C Act. illegal proceeds via wire transfer into 20, 2015, FDA sent Mr. Huda a notice Any application by Mr. Huda for Canadian bank accounts. Gallant by certified mail proposing to special termination of debarment under Pharma was not licensed as a permanently debar him from providing section 306(d)(4) of the FD&C Act prescription drug wholesaler by the services in any capacity to a person that should be identified with Docket No.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55634 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

FDA–2014–N–2102 and sent to the DEPARTMENT OF HEALTH AND of Environmental Health Sciences Division of Dockets Management (see HUMAN SERVICES (NIEHS), National Institutes of Health ADDRESSES). All such submissions are to (NIH). National Institutes of Health be filed in four copies. The public SUPPLEMENTARY INFORMATION: This availability of information in these Proposed Collection; 60-Day Comment request for OMB review and approval of submissions is governed by 21 CFR the information collection is required by 10.20. Request; Hazardous Waste Worker Training regulation 42 CFR part 65(a)(6). The Publicly available submissions may National Institute of Environmental be seen in the Division of Dockets AGENCY: National Institutes of Health, Health Sciences (NIEHS) was given Management between 9 a.m. and 4 p.m., HHS. major responsibility for initiating a Monday through Friday. ACTION: Notice. worker safety and health training Dated: September 10, 2015. program under Section 126 of the Leslie Kux, SUMMARY: In compliance with the Superfund Amendments and requirement of Section 3506(c)(2)(A) of Associate Commissioner for Policy. Reauthorization Act of 1986 (SARA) for the Paperwork Reduction Act of 1995, hazardous waste workers and [FR Doc. 2015–23204 Filed 9–15–15; 8:45 am] for opportunity for public comment on BILLING CODE 4164–01–P emergency responders. A network of proposed data collection projects, the non-profit organizations that are (NIEHS), the National Institutes of committed to protecting workers and DEPARTMENT OF HEALTH AND Health (NIH) will publish periodic their communities by delivering high- HUMAN SERVICES summaries of proposed projects to be quality, peer-reviewed safety and health submitted to the Office of Management curricula to target populations of National Institutes of Health and Budget (OMB) for review and hazardous waste workers and approval. emergency responders has been National Institute on Aging; Notice of Written comments and/or suggestions developed. In twenty-eight years (FY Closed Meeting from the public and affected agencies 1987–2015), the NIEHS Worker Training are invited to address one or more of the Pursuant to section 10(d) of the program has successfully supported 20 following points: (1) Whether the primary grantees that have trained more Federal Advisory Committee Act, as proposed collection of information is amended (5 U.S.C. App.), notice is than 3.3 million workers across the necessary for the proper performance of country and presented over 194,000 hereby given of the following meeting. the function of the agency, including The meeting will be closed to the classroom and hands-on training whether the information will have courses,which have accounted for public in accordance with the practical utility; (2) The accuracy of the provisions set forth in sections nearly 39 million contact hours of actual agency’s estimate of the burden of the training. Generally, the grant will 552b(c)(4) and 552b(c)(6), title 5 U.S.C., proposed collection of information, as amended. The grant applications and initially be for one year, and subsequent including the validity of the continuation awards are also for one the discussions could disclose methodology and assumptions used; (3) confidential trade secrets or commercial year at a time. Grantees must submit a The quality, utility, and clarity of the separate application to have the support property such as patentable material, information to be collected; and and personal information concerning continued for each subsequent year. (4) Minimize the burden of the Grantees are to provide information in individuals associated with the grant collection of information on those who applications, the disclosure of which accordance with S65.4 (a), (b), (c) and are to respond, including the use of 65.6(a) on the nature, duration, and would constitute a clearly unwarranted appropriate automated, electronic, invasion of personal privacy. purpose of the training, selection mechanical, or other technological criteria for trainees’ qualifications and Name of Committee: National Institute on collection techniques or other forms of Aging Special Emphasis Panel; Synaptic competency of the project director and information technology. staff, cooperative agreements in the case Plasticity in Alzheimer’s Disease. DATES: Comments regarding this Date: November 6, 2015. of joint applications, the adequacy of Time: 12:00 p.m. to 5:00 p.m. information collection are best assured training plans and resources, including Agenda: To review and evaluate grant of having their full effect if received budget and curriculum, and response to applications. within 60 days of the date of this meeting training criteria in OSHA’s Place: National Institute on Aging, publication. Hazardous Waste Operations and Gateway Building, 2C212, 7201 Wisconsin ADDRESSES: To obtain a copy of the data Emergency Response Regulations (29 Avenue, Bethesda, MD 20892, (Telephone collection plans and instruments, CFR 1910.120). As a cooperative Conference Call). Contact Person: Maurizio Grimaldi, MD, submit comments in writing, or request agreement, there are additional Ph.D., Scientific Review Officer, National more information on the proposed requirements for the progress report Institute On Aging, National Institutes Of project, contact: Joseph T. Hughes, Jr., section of the application. Grantees are Health, 7201 Wisconsin Avenue, Room Director, Worker Training Program, to provide their information in hard 2c218, Bethesda, MD 20892, 301–496–9374, Division of Extramural Research and copy as well as enter information into [email protected]. Training, NIEHS, P.O. Box 12233, the WTP Grantee Data Management (Catalogue of Federal Domestic Assistance Research Triangle Park, NC 27709 or System. The information collected is Program Nos. 93.866, Aging Research, call non-toll-free number (919) 541– used by the Director through officers, National Institutes of Health, HHS) 0217 or Email your request, including employees, experts, and consultants to your address to: [email protected]. evaluate applications based on technical Dated: September 10, 2015. Formal requests for additional plans and merit to determine whether to make Melanie J. Gray, instruments must be requested in awards. Frequency of Response: Program Analyst, Office of Federal Advisory writing. Proposed Collection: Hazardous Biannual. Affected Public: Non-profit Committee Policy. Waste Worker Training—42 CFR part organizations. Type of Respondents: [FR Doc. 2015–23229 Filed 9–15–15; 8:45 am] 65, 0925–0348, Expiration Date 12/31/ Grantees. The annual reporting burden BILLING CODE 4140–01–P 2015 –EXTENSION, National Institute is as follows: Estimated Number of

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55635

Respondents: 20; Estimated Number of respondents is estimated at: $18,200. OMB approval is requested for 3 Responses per Respondent: 2; Average There are no Capital Costs, Operating years. There are no costs to respondents Burden Hours Per Response: 14; and Costs and/or Maintenance Costs to other than their time. The total Estimated Total Annual Burden Hours report. estimated annualized burden hours are Requested: 560. The annualized cost to 560.

ESTIMATED ANNUALIZED BURDEN HOURS

Number of Average time Type of respondent Number of responses per per response Total annual respondents respondent ( in hours) burden hour

Grantees ...... 20 2 14 560

Dated: September 1, 2015. as amended. The grant applications and Name of Committee: Center for Scientific Joellen M. Austin, the discussions could disclose Review Special Emphasis Panel; PAR Panel: NRCS Palliative Care and Survivorship. Associate Director for Management, NIEHS, confidential trade secrets or commercial Date: October 9, 2015. NIH. property such as patentable material, Time: 8:30 a.m. to 7 p.m. [FR Doc. 2015–23201 Filed 9–15–15; 8:45 am] and personal information concerning Agenda: To review and evaluate grant BILLING CODE 4140–01–P individuals associated with the grant applications. applications, the disclosure of which Place: The Dupont Circle Hotel, 1500 New would constitute a clearly unwarranted Hampshire Avenue NW., Washington, DC DEPARTMENT OF HEALTH AND invasion of personal privacy. 20036. HUMAN SERVICES Contact Person: Karin F. Helmers, Ph.D., Name of Committee: Center for Scientific Scientific Review Officer, Center for Review Special Emphasis Panel; PAR–15– National Institutes of Health Scientific Review, National Institutes of 156: Mutant Mouse Informatics Center. Health, 6701 Rockledge Drive, Room 3166, Date: October 1, 2015. National Center for Complementary & MSC 7770, Bethesda, MD 20892, (301) 254– Time: 11:30 a.m. to 1:30 p.m. 9975, [email protected]. Integrative Health; Amended; Notice of Agenda: To review and evaluate grant Name of Committee: Biobehavioral and Meeting applications. Behavioral Processes Integrated Review Place: National Institutes of Health, 6701 Group; Child Psychopathology and Notice is hereby given of a change in Rockledge Drive, Bethesda, MD 20892, the meeting of the National Advisory Developmental Disabilities Study Section. (Telephone Conference Call). Date: October 15–16, 2015. Council for Complementary and Contact Person: Raj K. Krishnaraju, Ph.D., Time: 8 a.m. to 5 p.m. Integrative Health, October 2, 2015, 8:30 Scientific Review Officer, Center for Agenda: To review and evaluate grant a.m. to October 2, 2015, 03:35 p.m., Scientific Review, National Institutes of applications. National Institutes of Health, Building Health, 6701 Rockledge Drive, Room 6190, Place: The William F. Bolger Center, 9600 31, 31 Center Drive, Conference Room Bethesda, MD 20892, (301) 435–1047, Newbridge Drive, Potomac, MD 20854. 10, Bethesda, MD 20892 which was [email protected]. Contact Person: Jane A. Doussard- published in the Federal Register on Name of Committee: Risk, Prevention and Roosevelt, Ph.D., Scientific Review Officer, September 8, 2015, 80 FR 53814. Health Behavior Integrated Review Group; Center for Scientific Review, National Behavioral Medicine, Interventions and Institutes of Health, 6701 Rockledge Drive, This meeting notice is amended to Outcomes Study Section. Room 3184, MSC 7848, Bethesda, MD 20892, change the time of the OPEN SESSION Date: October 5–6, 2015. (301) 435–4445, [email protected]. from 10 a.m. to 9:30 a.m. (ET). The Time: 8 a.m. to 5 p.m. Name of Committee: Population Sciences meeting is partially Closed to the public. Agenda: To review and evaluate grant and Epidemiology Integrated Review Group; Dated: September 11, 2015. applications. Neurological, Aging and Musculoskeletal Place: Hotel Monaco Baltimore, 2 North Michelle Trout, Epidemiology Study Section. Charles St., Baltimore, MD 20724. Date: October 15–16, 2015. Program Analyst, Office of Federal Advisory Contact Person: Lee S. Mann, Ph.D., Time: 8:30 a.m. to 2 p.m. Committee Policy. Scientific Review Officer, Center for Agenda: To review and evaluate grant [FR Doc. 2015–23252 Filed 9–15–15; 8:45 am] Scientific Review, National Institutes of applications. BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Room 3224, Place: Melrose Hotel, 2430 Pennsylvania MSC 7808, Bethesda, MD 20892, (301) 435– Ave. NW., Washington, DC 20037. 0677, [email protected]. Contact Person: Heidi B. Friedman, Ph.D., DEPARTMENT OF HEALTH AND Name of Committee: Risk, Prevention and Scientific Review Officer, Center for HUMAN SERVICES Health Behavior Integrated Review Group; Scientific Review, National Institutes of Social Psychology, Personality and Health, 6701 Rockledge Drive, Room 1012A, National Institutes of Health Interpersonal Processes Study Section. MSC 7770, Bethesda, MD 20892, (301) 435– Date: October 8–9, 2015. 1721, [email protected]. Center for Scientific Review; Notice of Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Closed Meetings Agenda: To review and evaluate grant Review Special Emphasis Panel; Drug applications. Discovery and Mechanisms of Antimicrobial Pursuant to section 10(d) of the Place: Renaissance Washington DC, Resistance Study Section. Federal Advisory Committee Act, as Dupont Circle, 1143 New Hampshire Avenue Date: October 15, 2015. amended (5 U.S.C. App.), notice is NW., Washington, DC 20037. Time: 8:30 a.m. to 6:30 p.m. Contact Person: Marc Boulay, Ph.D., Agenda: To review and evaluate grant hereby given of the following meetings. Scientific Review Officer, Center for applications. The meetings will be closed to the Scientific Review, National Institutes of Place: Residence Inn Bethesda, 7335 public in accordance with the Health, 6701 Rockledge Drive, Room 3110, Wisconsin Avenue, Bethesda, MD 20814. provisions set forth in sections MSC 7808, Bethesda, MD 20892, (301) 300– Contact Person: Neerja Kaushik-Basu, 552b(c)(4) and 552b(c)(6), title 5 U.S.C., 6541, [email protected]. Ph.D., Scientific Review Officer, Center for

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55636 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Scientific Review, National Institutes of DEPARTMENT OF HEALTH AND and personal information concerning Health, 6701 Rockledge Drive, Room 3198, HUMAN SERVICES individuals associated with the grant MSC 7808, Bethesda, MD 20892, (301) 435– applications, the disclosure of which 1742, [email protected]. National Institutes of Health would constitute a clearly unwarranted Name of Committee: Center for Scientific invasion of personal privacy. National Institute of Biomedical Review Special Emphasis Panel; PAR13–213: Name of Committee: National Cancer Outcome Measures for Use in Treatment Imaging and Bioengineering; Notice of Closed Meeting Institute, Special Emphasis Panel, R13 Trials for Individuals with Intellectual and Conference Grant Review. Developmental Disabilities. Pursuant to section 10(d) of the Date: October 15, 2015. Date: October 16, 2015. Federal Advisory Committee Act, as Time: 12:30 p.m. to 5:00 p.m. Time: 3 p.m. to 3:30 p.m. amended (5 U.S.C. App.), notice is Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. hereby given of the following meeting. Place: National Cancer Institute, Shady applications. The meeting will be closed to the Place: The William F. Bolger Center, 9600 Grove, 9609 Medical Center Drive, Room public in accordance with the 7W556, Rockville, MD 20850, (Telephone Newbridge Drive, Potomac, MD 20854. provisions set forth in sections Conference Call). Contact Person: Jane A. Doussard- 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Contact Person: Bratin K. Saha, Ph.D., Roosevelt, Ph.D., Scientific Review Officer, as amended. The grant applications and Scientific Review Officer, Program Center for Scientific Review, National the discussions could disclose Coordination and Referral Branch, Division Institutes of Health, 6701 Rockledge Drive, confidential trade secrets or commercial of Extramural Activities, National Cancer Room 3184, MSC 7848, Bethesda, MD 20892, property such as patentable material, Institute, NIH, 9609 Medical Center Drive, (301) 435–4445, [email protected]. and personal information concerning Room 7W556, Rockville, MD 20850, 240– 276–6342, [email protected]. Name of Committee: Center for Scientific individuals associated with the grant Review Special Emphasis Panel; Clinical and applications, the disclosure of which Name of Committee: National Cancer Translational Imaging Applications. would constitute a clearly unwarranted Institute, Special Emphasis Panel, NCI R21/ Date: October 20, 2015. invasion of personal privacy. R03 Omnibus SEP–9. Time: 10 a.m. to 5 p.m. Date: November 3, 2015. Agenda: To review and evaluate grant Name of Committee: National Institute of Time: 8:00 a.m. to 4:00 p.m. Biomedical Imaging and Bioengineering applications. Agenda: To review and evaluate grant Special Emphasis Panel; P41 BTRC Review applications. Place: National Institutes of Health, 6701 (2016/01). Place: Residence Inn Bethesda Downtown, Rockledge Drive, Bethesda, MD 20892. Date: October 27–29, 2015. 7335 Wisconsin Avenue, Bethesda, MD Contact Person: Eileen W. Bradley, DSC, Time: 6:00 p.m. to 12:00 p.m. 20814. Chief, SBIB IRG, Center for Scientific Review, Agenda: To review and evaluate grant Contact Person: Timothy C. Meeker, Ph.D., National Institutes of Health, 6701 Rockledge applications. Scientific Review Officer, Resources and Drive, Room 5100, MSC 7854, Bethesda, MD Place: The Constitution Inn, 150 Third Training Review Branch, Division of 20892, (301) 435–1179, [email protected]. Avenue, Charlestown, MA 02129. Extramural Activities, National Cancer Contact Person: Manana Sukhareva, Ph.D., Name of Committee: Center for Scientific Institute, NIH, 9609 Medical Center Drive, Scientific Review Officer, National Institute Review Special Emphasis Panel; Catalytic Room 7W606, Bethesda, MD 20892–9750, of Biomedical Imaging and Bioengineering, 240–276–6464, [email protected]. and Regulatory Mechanisms of Enzymes. National Institutes of Health, 6707 Date: October 20, 2015. Democracy Boulevard, Suite 959, Bethesda, (Catalogue of Federal Domestic Assistance Time: 12:30 p.m. to 1:30 p.m. MD 20892, 301–451–3397, Program Nos. 93.392, Cancer Construction; Agenda: To review and evaluate grant [email protected]. 93.393, Cancer Cause and Prevention applications. Research; 93.394, Cancer Detection and Dated: September 10, 2015. Diagnosis Research; 93.395, Cancer Place: Marriott Wardman Park Washington David Clary, Treatment Research; 93.396, Cancer Biology DC Hotel, 2660 Woodley Road, NW., Research; 93.397, Cancer Centers Support; Washington, DC 20008. Program Analyst, Office of Federal Advisory Committee Policy. 93.398, Cancer Research Manpower; 93.399, Contact Person: James W. Mack, Ph.D., Cancer Control, National Institutes of Health, [FR Doc. 2015–23227 Filed 9–15–15; 8:45 am] Scientific Review Administrator, Center for HHS) Scientific Review, National Institutes of BILLING CODE 4140–01–P Dated: September 10, 2015. Health, 6701 Rockledge Drive, Room 4154, Melanie J. Gray, MSC 7806, Bethesda, MD 20892, (301) 435– 2037, [email protected]. DEPARTMENT OF HEALTH AND Program Analyst, Office of Federal Advisory HUMAN SERVICES Committee Policy. (Catalogue of Federal Domestic Assistance [FR Doc. 2015–23228 Filed 9–15–15; 8:45 am] Program Nos. 93.306, Comparative Medicine; National Institutes of Health BILLING CODE 4140–01–P 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, National Cancer Institute; Notice of 93.846–93.878, 93.892, 93.893, National Closed Meetings Institutes of Health, HHS) Pursuant to section 10(d) of the DEPARTMENT OF THE INTERIOR Dated: September 11, 2015. Federal Advisory Committee Act, as Fish and Wildlife Service Carolyn Baum, amended (5 U.S.C. App.), notice is Program Analyst, Office of Federal Advisory hereby given of the following meetings. The meetings will be closed to the [FWS–R2–ES–2015–0069; Committee Policy. FXES11130200000–156–FF02ENEH00] [FR Doc. 2015–23251 Filed 9–15–15; 8:45 am] public in accordance with the provisions set forth in sections BILLING CODE 4140–01–P Draft Environmental Assessment and 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Draft Habitat Conservation Plan; Paso as amended. The grant applications and Robles Phase II; Hays County, Texas the discussions could disclose confidential trade secrets or commercial AGENCY: Fish and Wildlife Service, property such as patentable material, Interior.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55637

ACTION: Notice of availability; request enter FWS–R2–ES–2015–0069, which is implementation of the dHCP, including for public comments. the docket number for this notice. On the measures that will be implemented the left side of the screen, under the to minimize and mitigate, to the SUMMARY: We, the U.S. Fish and Document Type heading, click on the maximum extent practicable, the Wildlife Service (Service), make Notices link to locate this document and impacts of the incidental take of the available the draft Environmental submit a comment. covered species. Assessment (dEA) for the Paso Robles • By hard copy: Submit comments by Phase II draft Habitat Conservation Plan U.S. mail or hand-delivery to: Public Proposed Action (dHCP). Carma Paso Robles, LLC Comments Processing, Attn: FWS–R2– The proposed action is the issuance of (applicant), has applied to the Service ES–2015–0069; Division of Policy, an ITP by the Service for the covered for an incidental take permit (ITP; TE– Performance, and Management activities in the permit area, pursuant to 60266B–0) under the Endangered Programs; U.S. Fish and Wildlife section 10(a)(1)(B) of the Act for a Species Act of 1973, as amended (Act). Service, MS: BPHC; 5275 Leesburg Pike; period of 10 years. The ITP would cover The requested permit would authorize Falls Church, VA 22041–3803. ‘‘take’’ of the covered species associated incidental take of the federally listed We request that you send comments with the clearing and construction of a golden-cheeked warbler as a result of by only the methods described above. residential development within the activities associated with the applicant’s We will post all information received on permit area. proposed clearing and construction of a http://www.regulations.gov. This To meet the requirements of a section residential development (covered generally means that we will post any 10(a)(1)(B) ITP, the applicant has activities). personal information you provide us developed and proposes to implement DATES: To ensure consideration, written (see the Public Availability of its dHCP, which describes the comments must be received or Comments section for more conservation measures the applicant has postmarked on or before November 16, information). agreed to undertake to minimize and mitigate for the impacts of the proposed 2015. Comments submitted FOR FURTHER INFORMATION CONTACT: incidental take of the covered species to electronically using the Federal Adam Zerrenner, Field Supervisor, by the maximum extent practicable, and eRulemaking Portal (see ADDRESSES) U.S. mail at U.S. Fish and Wildlife ensures that incidental take will not must be received by 11:59 p.m. Eastern Service, 10711 Burnet Road, Suite 200, appreciably reduce the likelihood of the Time on the closing date. Any Austin, TX 78758 or by phone at (512) survival and recovery of these species in comments that we receive after the 490–0057. closing date may not be considered. the wild. SUPPLEMENTARY INFORMATION: We make The applicant proposes to mitigate ADDRESSES: Availability of Documents: available the dEA for the Paso Robles with the purchase of 114.4 acres of high- Internet: You may obtain copies of all Phase II dHCP. Carma Paso Robles, LLC quality habitat, likely from a Service- of the documents on the Internet at the (applicant), has applied to the Service approved habitat conservation bank. Service’s Web site at http:// for an incidental take permit (ITP; TE– www.fws.gov/southwest/es/ 60266B–0) under the Endangered Alternatives AustinTexas/. Species Act (Act) of 1973, as amended. We considered two alternatives to the U.S. Mail: A limited number of CD– The requested permit, which would be proposed action: ROM and printed copies of the draft EA in effect for a period of 10 years, if 1. No Action—No ITP would be and draft HCP are available, by request, granted, would authorize incidental take issued. Therefore, the applicant would from Mr. Adam Zerrenner, Austin of the federally listed golden-cheeked not implement the conservation Ecological Services Field Office, 10711 warbler (Setophaga [= Dendroica] measures described in the HCP. Burnet Road, Suite 200, Austin, TX chrysoparia; GCWA). The proposed take 2. Higher Mitigation Alternative— 78758–4460; telephone 512–490–0057; would occur on 114.4 acres of the 376- This alternative is similar to the fax 512–490–0974. Please note that your acre Paso Robles Phase II development Proposed Action in that the Service request is in reference to the Paso (permit area) in Hays County, Texas, as would issue an ITP for the proposed Robles Phase II HCP (TE–60266B–0). a result of activities associated with the project. However, the HCP under this The ITP application is available by applicant’s proposed clearing and alternative would be modified to mail from the Regional Director, U.S. construction of a residential increase the number of GCWA habitat Fish and Wildlife Service, P.O. Box development (covered activities). conservation credits the applicant 1306, Room 6034, Albuquerque, NM In accordance with the requirements would purchase to 359.6 acres. All other 87103. of the National Environmental Policy aspects of the proposed project and the In-Person: Copies of the draft EA and Act of 1969 (NEPA) (42 U.S.C. 4321 et HCP would remain the same. draft HCP are also available for public seq.), we advise the public that: inspection and review at the following 1. We have gathered the information Public Availability of Comments locations, by appointment and written necessary to determine impacts and Written comments we receive become request only, 8 a.m. to 4:30 p.m.: formulate alternatives for the dEA part of the public record associated with • U.S. Fish and Wildlife Service, 500 related to potential issuance of an ITP this action. Before including your Gold Avenue SW., Room 6034, to the applicant; and address, phone number, email address, Albuquerque, NM 87102. 2. The applicant has developed a or other personal identifying • U.S. Fish and Wildlife Service, dHCP as part of the application for an information in your comment, you 10711 Burnet Road, Suite 200, Austin, ITP, which describes the measures the should be aware that your entire TX 78758. applicant has agreed to take to minimize comment—including your personal Comment submission: You may and mitigate the effects of incidental identifying information—may be made submit written comments by one of the take of GCWAs to the maximum extent publicly available at any time. While following methods: practicable pursuant to section you can request in your comment that • Electronically: Go to the Federal e- 10(a)(1)(B) of the Act. we withhold your personal identifying Rulemaking Portal: http:// The dEA considers the direct, information from public review, we www.regulations.gov. In the Search box, indirect, and cumulative effects of cannot guarantee that we will be able to

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55638 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

do so. We will not consider anonymous You may review the information may be made publicly available at any comments. All submissions from collection request online at http:// time. While you can ask us in your organizations or businesses, and from www.reginfo.gov. Follow the comment to withhold your personal individuals identifying themselves as instructions to review Department of the identifying information from public representatives or officials of Interior collections under review by review, we cannot guarantee that we organizations or businesses, will be OMB. will be able to do so. made available for public disclosure in SUPPLEMENTARY INFORMATION: III. Data their entirety. I. Abstract OMB Control Number: 1076–0047. Authority The Bureau of Indian Affairs (BIA) is Title: Reindeer in Alaska, 25 CFR 243. We provide this notice under section seeking renewal of the approval for the Brief Description of Collection: There 10(c) of the Act and its implementing information collection conducted under are four forms associated with this regulations (50 CFR 17.22 and 17.32) 25 CFR part 243, Reindeer in Alaska, information collection: Sale Permit for and NEPA and its implementing which is used to monitor and regulate Alaska Reindeer, Sale Report for Alaska regulations (40 CFR 1506.6). the possession and use of Alaskan Reindeer, Special Use Permit for Alaska Dated: June 10, 2015. reindeer by non-Natives in Alaska. The Reindeer, and Special Use Reindeer Joy E. Nicholopoulos, information to be provided includes an Report. Responses are required to obtain or retain a benefit. Acting Regional Director, Southwest Region, applicant’s name and address, and U.S. Fish and Wildlife Service. where an applicant will keep the Type of Review: Extension without Editorial Note: This document was reindeer. The applicant must fill out an change of currently approved collection. received at the Federal Register on application for a permit to get a reindeer Respondents: Non-Natives who wish September 11, 2015. for any purpose, and is required to to possess Alaskan reindeer. report on the status of reindeer annually Number of Respondents: 4 per year, [FR Doc. 2015–23242 Filed 9–15–15; 8:45 am] on average (1 respondent for the Sale BILLING CODE 4310–55–P or when a change occurs, including changes prior to the date of the annual Permit for Alaska Reindeer, 1 report. This information collection respondent for the Sale Report Form for Alaska Reindeer, 1 respondent for the DEPARTMENT OF THE INTERIOR utilizes four forms. A response is required to obtain and/or retain a Special Use Permit for Alaskan Bureau of Indian Affairs benefit. Reindeer, and 1 respondent for the Special Use Reindeer Report). [156A2100DD/AAKC001030/ II. Request for Comments Frequency of Response: Once a year, A0A501010.999900 253G] On June 30, 2015, BIA published a on average. Renewal of Agency Information notice announcing the renewal of this Estimated Time per Response: 5 Collection for Reindeer in Alaska information collection and provided a minutes for the Sale Permit and Report 60-day comment period in the Federal forms; and 10 minutes for the Special AGENCY: Bureau of Indian Affairs, Register (80 FR 37294). There were no Use Permit and Report forms, on Interior. comments received in response to this average. ACTION: Notice of submission to OMB. notice. Estimated Total Annual Hour Burden: The BIA requests your comments on 30 minutes. SUMMARY: In compliance with the this collection concerning: (a) The Estimated Total Annual Non-Hour Paperwork Reduction Act of 1995, the necessity of this information collection Dollar Cost: $2.24 (for postage and Bureau of Indian Affairs (BIA) is for the proper performance of the stamp). submitting to the Office of Management functions of the agency, including Elizabeth K. Appel, and Budget (OMB) a request for whether the information will have approval for the collection of Director, Office of Regulatory Affairs and practical utility; (b) The accuracy of the Collaborative Action—Indian Affairs. information titled ‘‘Reindeer in Alaska.’’ agency’s estimate of the burden (hours This information collection is currently [FR Doc. 2015–23239 Filed 9–15–15; 8:45 am] and cost) of the collection of BILLING CODE 4337–15–P authorized by OMB Control Number information, including the validity of 1076–0047, which expires September the methodology and assumptions used; 30, 2015. (c) Ways we could enhance the quality, DEPARTMENT OF THE INTERIOR DATES: Interested persons are invited to utility, and clarity of the information to submit comments on or before October be collected; and (d) Ways we could [NPS–NERO–GATE–18890; PPNEGATEB0, 16, 2015. minimize the burden of the collection of PPMVSCS1Z.Y00000] ADDRESSES: You may submit comments the information on the respondents. on the information collection to the Request for Nominations for the Please note that an agency may not Gateway National Recreation Area Fort Desk Officer for the Department of the conduct or sponsor, and an individual Interior at the Office of Management and Hancock 21st Century Advisory need not respond to, a collection of Committee Budget, by facsimile to (202) 395–5806 information unless it has a valid OMB _ or you may send an email to: OIRA Control Number. AGENCY: National Park Service, Interior. [email protected]. Please send a It is our policy to make all comments ACTION: Request for nominations. copy of your comments to: Mr. Keith available to the public for review at the Kahklen, Natural Resources Manager, location listed in the ADDRESSES section. SUMMARY: The National Park Service, Bureau of Indian Affairs, P.O. Box Before including your address, phone U.S. Department of the Interior, is 21647, Juneau, Alaska 99802–6147; number, email address or other seeking nominations for individuals to email: [email protected]; facsimile: personally identifiable information in be considered for appointment to the (907) 586–7120. your comment, you should be aware Gateway National Recreation Area Fort FOR FURTHER INFORMATION CONTACT: Mr. that your entire comment—including Hancock 21st Century Advisory Keith Kahklen, phone: (907) 586–7618. your personal identifying information— Committee. The purpose of the

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55639

Committee is to advise the Secretary of The National Park Service is now DEPARTMENT OF THE INTERIOR the Interior, through the Director of the seeking nominations from members National Park Service, on the representing the following categories or Office of the Secretary development of a reuse plan and on municipalities: The natural resource [156D0102DM; DLSN0000.000000; matters relating to future uses of the community, the real estate community, DS62400000; DX62401] Fort Hancock Historic Landmark the education community, the scientific District, located within the Sandy Hook community, the historic preservation Renewal of Information Collection: Unit of Gateway National Recreation community, the Borough of Highlands, OMB Control Number 1084–0010, Area. the Borough of Sea Bright, the Borough Claim for Relocation Payments— DATES: Written nominations must be of Rumson, and the Monmouth County Residential, DI–381 and Claim for received by October 16, 2015. Freeholders. Relocation Payments—Nonresidential, DI–382 ADDRESSES: Send nominations to: Members are appointed to 3-year Gateway National Recreation Area, terms, and will serve without AGENCY: Office of Acquisition and Office of the Superintendent, 210 New compensation. The Committee expects Property Management, Office of the York Avenue, Staten Island, New York to meet approximately 4 to 6 times a Secretary, Department of the Interior. 10305, or email at ACTION: Notice and request for [email protected]. year. Members are expected to make every effort to attend all meetings. comments. FOR FURTHER INFORMATION CONTACT: John Members may not appoint deputies or Warren, External Affairs Officer, SUMMARY: In compliance with the alternates. Gateway National Recreation Area, Paperwork Reduction Act of 1995, the Sandy Hook Unit, 26 Hudson Road, All those interested in membership, Office of Acquisition and Property Highlands, New Jersey 07732, or email including current members whose terms Management has submitted a request for at [email protected]. are expiring, must follow the same renewal of approval of this information The telephone number is (732) 872– nomination process. Nominations collection to the Office of Management 5908. should describe and document the and Budget (OMB), and requests public SUPPLEMENTARY INFORMATION: The proposed member’s qualifications for comments on this submission. Gateway National Recreation Area Fort membership to the Committee, and DATES: OMB has up to 60 days to Hancock Historic Landmark District is should include his or her name, title, approve or disapprove the information established by authority of the Secretary address, telephone, email, and fax collection request, but may respond of the Interior under 16 U.S.C. 1a–2(c), number. after 30 days; therefore, public and in accordance with the Federal Committee members will be selected comments should be submitted to OMB Advisory Committee Act (5 U.S.C. based on the following criteria: (1) by October 16, 2015, in order to be Appendix 2). Ability to collaborate, (2) ability to assured of consideration. The Committee provides advice on ADDRESSES: Send your written the development of a specific reuse plan understand NPS management and policy, and (3) connection with local comments by facsimile (202) 395–5806 and on matters relating to the future _ communities. or email (OIRA Submission@ uses of the Fort Hancock Historic omb.eop.gov) to the Office of Landmark District within the Sandy Individuals who are federally Information and Regulatory Affairs, Hook Unit of Gateway National registered lobbyists are ineligible to Office of Management and Budget, Recreation Area. The Committee serve on FACA and non-FACA boards, Attention: Department of the Interior provides advice to the National Park committees, or councils in an individual Desk Officer (1084–0010). Also, please Service on developing a plan for the capacity. The term ‘‘individual send a copy of your comments to Mary reuse of more than 30 historic buildings capacity’’ refers to individuals who are Heying, Department of the Interior, that the NPS has determined are excess appointed to exercise their own Office of Acquisition and Property to its needs and eligible for lease under individual best judgement on behalf of Management, 1849 C St. NW., MS 4262 16 U.S.C. 1 et seq., particularly 16 the government, such as when they are MIB, Washington, DC 20240, fax (202) U.S.C. 1a–2(k), and 16 U.S.C. 470h–3, or designated Special Government 513–7645 or by email to mary_heying@ under agreement through appropriate ios.doi.gov. authorities. Employees, rather than being appointed The Committee consists of to represent a particular interest. FOR FURTHER INFORMATION CONTACT: representatives from among, but not Dated: August 10, 2015. Requests for additional information on limited to, the following interest groups Alma Ripps, this proposed information collection or to represent a range of interests its Relocation Forms should be directed Chief, Office of Policy. concerned with the management of Fort to the contact information provided in Hancock Park and its impact on the [FR Doc. 2015–22558 Filed 9–15–15; 8:45 am] the ADDRESSES section above. You may local area: The natural resource BILLING CODE 4310–EE–P also review the information collection community, the business community, request online at http:// the cultural resource community, the www.reginfo.gov/public/do/PRAMain. real estate community, the recreation SUPPLEMENTARY INFORMATION: community, the education community, the scientific community, and I. Abstract hospitality organizations. The This notice is for renewal of an Committee will also include existing information collection. representatives from the following Public law 91–646, Uniform municipalities: Borough of Highlands, Relocation Assistance and Real Property Borough of Sea Bright, Middletown Acquisition Policies Act of 1970, as Township, Borough of Rumson, and amended, requires each Federal agency Monmouth County Freeholders. acquiring real estate interests to provide

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55640 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

relocation benefits to individuals and (b) The accuracy of the agency’s DEPARTMENT OF THE INTERIOR businesses displaced as a result of the estimate of the burden of the collection acquisition. Form DI–381, Claim For and the validity of the methodology and Bureau of Land Management Relocation Payments—Residential, and assumptions used; [LLWO320000 L13300000.PP0000 12X] DI–382, Claim For Relocation (c) Ways to enhance the quality, Payments—Nonresidential, permit the utility, and clarity of the information to Renewal of Approved Information applicant to present allowable moving Collection; OMB Control No. 1004– be collected; and expenses and certify occupancy status, 0121 after having been displaced because of (d) Ways to minimize the burden of Federal acquisition of their real the collection of information on those AGENCY: Bureau of Land Management, property. who are to respond, including through Interior. As required under 5 CFR 1320.8(d), a the use of appropriate automated, ACTION: 60-Day Notice and request for Federal Register notice soliciting electronic, mechanical, or other comments. comments on the collection of collection techniques or other forms of SUMMARY: In compliance with the information was published on April 8, information technology. Paperwork Reduction Act, the Bureau of 2015 (80 FR 18863). No comments were ‘‘Burden’’ means the total time, effort, Land Management (BLM) is announcing received. This notice provides the or financial resources expended by its intention to request approval to public with an additional 30 days in persons to generate, maintain, retain, continue the collection of information which to comment on the following regarding leases of solid minerals other information collection activity. disclose, or provide information to or for a federal agency. This includes the than coal and oil shale. The Office of II. Data time needed to review instructions; to Management and Budget (OMB) has develop, acquire, install and utilize assigned control number 1004–0121 to (1) Title: Claim for Relocation this information collection. Payments—Residential, DI–381 and technology and systems for the purpose DATES: Claim for Relocation Payments— of collecting, validating and verifying Please submit comments on the Nonresidential, DI–382. information, processing and proposed information collection by November 16, 2015. OMB Control Number: 1084–0010. maintaining information, and disclosing Current Expiration Date: September and providing information; to train ADDRESSES: Comments may be 30, 2015. personnel and to be able to respond to submitted by mail, fax, or electronic Type of Review: Renewal of an mail. a collection of information, to search Mail: U.S. Department of the Interior, existing collection. data sources, to complete and review Affected Entities: Individuals and Bureau of Land Management, 1849 C the collection of information; and to Street NW., Room 2134LM, Attention: businesses who are displaced because of transmit or otherwise disclose the Federal acquisitions of their real Jean Sonneman, Washington, DC 20240. information. property. Fax: To Jean Sonneman at 202–245– All written comments, with names 0050. Frequency of response: As needed. _ (2) Annual reporting and record and addresses, will be available for Electronic mail: Jean Sonneman@ keeping burden. public inspection. If you wish us to blm.gov. Please indicate ‘‘Attn: 1004–0121’’ Estimated Number of Annual withhold your personal information, regardless of the form of your Responses: 24. you must prominently state at the comments. Total Annual Reporting per beginning of your comment what Respondent: 50 minutes. personal information you want us to FOR FURTHER INFORMATION CONTACT: Total Annual Burden Hours: 20 withhold. We will honor your request to Vince Vogt, at 202–912–7125. Persons hours. the extent allowable by law. If you wish who use a telecommunication device for (3) Description of the need and use of to view any comments received, you the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– the information: The information may do so by scheduling an required is obtained through application 800–877–8339, to leave a message for appointment with the Office of made by the displaced person or Mr. Vogt. Acquisition and Property Management business to the funding agency for SUPPLEMENTARY INFORMATION: OMB at the contact information provided in determination as to the specific amount regulations at 5 CFR 1320, which ADDRESSES section. A valid picture of monies due under the law. The forms, the implement provisions of the Paperwork through which application is made, identification is required for entry into Reduction Act, 44 U.S.C. 3501–3521, require specific information since the the Department of the Interior, 1849 C require that interested members of the Uniform Relocation Assistance and Real Street NW., Washington, DC 20240. public and affected agencies be given an Property Acquisition Act allows for An agency may not conduct or opportunity to comment on information various amounts based upon each actual sponsor, and a person is not required to collection and recordkeeping activities circumstance. Failure to make respond to, a collection of information (see 5 CFR 1320.8(d) and 1320.12(a)). application to the agency would unless it displays a currently valid This notice identifies an information eliminate any basis for payment of Office of Management and Budget collection that the BLM plans to submit claims. control number. to OMB for approval. The Paperwork Reduction Act provides that an agency III. Request for Comments Dated: September 4, 2015. may not conduct or sponsor a collection The Department of the Interior invites Debra E. Sonderman, of information unless it displays a comments on: Director, Office of Acquisition and Property currently valid OMB control number. (a) Whether the collection of Management. Until OMB approves a collection of information is necessary for the proper [FR Doc. 2015–23200 Filed 9–15–15; 8:45 am] information, you are not obligated to performance of the functions of the BILLING CODE 4334–63–P respond. agency, including whether the The BLM will request a 3-year term of information will have practical utility; approval for this information collection

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55641

activity. Comments are invited on: (1) Title: Leasing of Solid Minerals Other • Oversee and manage the leasing of The need for the collection of Than Coal and Oil Shale (43 CFR parts solid minerals other than coal or oil information for the performance of the 3500, 3580, and 3590). shale. functions of the agency; (2) the accuracy OMB Control Number: 1004–0121. Forms: of the agency’s burden estimates; (3) Abstract: This control number enables Form 3504–1, Personal Bond and Power ways to enhance the quality, utility and the BLM to fulfill its responsibilities of Attorney; clarity of the information collection; and regarding prospecting permits, Form 3504–3, Bond under Lease; (4) ways to minimize the information exploration licenses, leases, the Form 3504–4, Statewide or Nationwide collection burden on respondents, such exchange of leases, use permits, and the Personal Mineral Bond; as use of automated means of collection regulation of mining activities for solid Form 3510–1, Prospecting Application of the information. A summary of the minerals other than coal or oil shale. and Permit; public comments will accompany our The information activities currently Form 3510–2, Phosphate or Sodium Use submission of the information collection approved under control number 1004– Permit; and requests to OMB. 0121 include requirements that an Form 3520–7, Lease. Before including your address, phone applicant, a permittee or a lessee submit Frequency of Collection: On occasion. number, email address, or other information that enables the BLM to: Description of Respondents: personal identifying information in your • Determine if applicants, permittees, Applicants for, and holders of, the comment, you should be aware that and lessees meet qualification criteria; following items in connection with solid minerals other than coal or oil your entire comment—including your • Assure compliance with various shale: personal identifying information—may other legal requirements relating to the • Prospecting permits; be made publicly available at any time. leasing of solid minerals other than coal • Exploration licenses; While you can ask us in your comment or oil shale; • Leases; and • to withhold your personal identifying Gather data needed to determine • Use permits. information from public review, we the environmental impacts of Estimated Annual Responses: 473. cannot guarantee that we will be able to developing solid leasable minerals other Estimated Annual Burden Hours: do so. than coal or oil shale; 16,346. The following information is provided • Maintain accurate leasing records; The following table itemizes the for the information collection: and estimated burden hours:

D. Total hours A. Type of response and 43 CFR 3500 citation B. Number of C. Hours per (column B × responses response column C)

Request for Effective Date (3501) ...... 10 1 10 Qualification Requirements/Individuals or Households (3502) ...... 3 2 6 Qualification Requirements/Private Sector (3502) ...... 47 2 94 Areas Avail. For Leasing/Applicants (3503) ...... 50 2 100 Areas Avail. For Leasing/State, Local Government (3503) ...... 1 2 2 Areas Avail. For Leasing/Education or Associations (3503) ...... 2 2 4 Fees, Rental, Royalty, and Bonds (3504) ...... 40 4 160 Prospecting Permits/Application (3505) ...... 50 10 500 Prospecting Permits/Amendments (3505) ...... 10 5 50 Prospecting Permits/Exploration Plan (3505) ...... 25 400 10,000 Prospecting Permits/Extension (3505) ...... 5 40 200 Exploration Licenses (3506) ...... 4 10 40 Preference Right Lease Applications (3507) ...... 2 300 600 Competitive Leasing (3508) ...... 5 20 100 Fractional and Future Interest Lease Applications (3509) ...... 1 80 80 Noncompetitive Leasing: Fringe Acreage Leases and Lease Modifications (3510) ...... 10 20 200 Lease Terms and Conditions (Lease Renewals or Adjustments) (3511) ...... 40 2 80 Assignments and Subleases (3512) ...... 30 6 180 Waiver, Suspension or Reduction of Rental and Minimum Royalties (3513) ...... 2 100 200 Lease Relinquishments and Cancellations (3514) ...... 10 40 400 Mineral Lease Exchanges (3515) ...... 1 40 40 Use Permits (3516) ...... 1 10 10 Hardrock Mineral Development Contracts; Processing and Milling Arrangements (3517) ...... 1 20 20 Gold, Silver, or Quicksilver in Confirmed Private Land Grants (3581) ...... 1 20 20 Shasta and Trinity Units of the Whiskeytown-Shasta-Trinity National Recreation Area (3583) 1 20 20 White Mountains National Recreation Area, Alaska (3585) ...... 1 20 20 Plans and Maps/Plans (3592) ...... 5 300 1,500 Plans and Maps/Modifications (3592) ...... 10 150 1,500 Bore Holes and Samples (3593) ...... 25 2 50 Production Records (3597) ...... 80 2 160

Totals ...... 473 ...... 16,346

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55642 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Jean Sonneman, substances have the potential for abuse establishment and maintenance of Bureau of Land Management, Information and dependence and are controlled to reserve stocks. The DEA did not receive Collection Clearance Officer, Bureau of Land protect the public health and safety. any comments related to the proposal Management. Section 306 of the CSA (21 U.S.C. not to adjust the 2015 assessment of [FR Doc. 2015–23257 Filed 9–15–15; 8:45 am] 826) requires the Attorney General to annual needs for ephedrine, BILLING CODE 4310–84–P establish aggregate production quotas pseudoephedrine, and for each basic class of controlled phenylpropanolamine. substance listed in schedules I and II In accordance with 21 CFR 1303.13, DEPARTMENT OF JUSTICE and for ephedrine, pseudoephedrine, the DEA has taken into consideration and phenylpropanolamine. This the above comments along with the Drug Enforcement Administration responsibility has been delegated to the relevant 2014 year-end inventories, Administrator of the DEA. 28 CFR initial 2015 manufacturing and import [Docket No. DEA–418F] 0.100(b). quotas, 2015 export requirements, actual and projected 2015 sales, research and Final Adjusted Aggregate Production Background Quotas for Schedule I and II Controlled product development requirements, and The DEA established the initial 2015 Substances and Assessment of the additional quota applications aggregate production quotas for Annual Needs for the List I Chemicals received. Upon consideration of the controlled substances in schedules I and Ephedrine, Pseudoephedrine, and above, the Administrator determined II and the assessment of annual needs Phenylpropanolamine for 2015 that the proposed adjusted 2015 for the list I chemicals ephedrine, aggregate production quotas for AGENCY: Drug Enforcement pseudoephedrine, and dihydroetorphine, ethylmorphine, Administration, Department of Justice. phenylpropanolamine on September 8, etorphine HCl, racemethorphan, ACTION: Final order. 2014. 79 FR 53216. That notice stated racemorphan, methylphenidate, and that the DEA could adjust, as needed, oxycodone (for sale) required additional SUMMARY: This final order establishes the established aggregate production consideration and hereby further adjusts the final adjusted 2015 aggregate quotas and assessment of annual needs the proposed 2015 aggregate production production quotas for controlled in accordance with 21 CFR 1303.13 and quotas for these substances. Regarding substances in schedules I and II of the 21 CFR 1315.13. The proposed adjusted codeine (for sale), fentanyl, gamma Controlled Substances Act and the 2015 aggregate production quotas for hydroxybutric acid, hydrocodone (for assessment of annual needs for the list controlled substances in schedules I and sale), methadone, methadone I chemicals ephedrine, II and assessment of annual needs for intermediate, morphine (for pseudoephedrine, and the list I chemicals ephedrine, conversion), oripavine, oxymorphone phenylpropanolamine. pseudoephedrine, and (for conversion), and oxymorphone (for phenylpropanolamine were DATES: This order is effective September sale) the Administrator hereby subsequently published in the Federal 16, 2015. determines that the proposed adjusted Register on July 8, 2015, 80 FR 39156, 2015 aggregate production quotas for FOR FURTHER INFORMATION CONTACT: John in consideration of the outlined criteria. these substances as published in the R. Scherbenske, Office of Diversion All interested persons were invited to Federal Register on July 8, 2015, 80 FR Control, Drug Enforcement comment on or object to the proposed 39156, are sufficient to meet the current Administration, 8701 Morrissette Drive, adjusted 2015 aggregate production 2015 estimated medical, scientific, Springfield, Virginia 22152; Telephone: quotas and assessment of annual needs research, and industrial needs of the (202) 598–6812. on or before August 7, 2015. United States and to provide for SUPPLEMENTARY INFORMATION: Analysis for Final Adjusted 2015 adequate reserve stock. As described in the previously Legal Authority Aggregate Production Quotas and published notice establishing the 2015 Assessment of Annual Needs The Drug Enforcement aggregate production quotas and Administration (DEA) implements and Consideration has been given to the assessment of annual needs, the DEA enforces titles II and III of the criteria outlined in the July 8, 2015, has specifically considered that Comprehensive Drug Abuse Prevention notice of proposed adjusted aggregate inventory allowances granted to and Control Act of 1970, as amended. 21 production quotas and assessment of individual manufacturers may not U.S.C. 801–971. Titles II and III are annual needs, 80 FR 39156, in always result in the availability of referred to as the ‘‘Controlled accordance with 21 CFR 1303.13 and 21 sufficient quantities to maintain an Substances Act’’ and the ‘‘Controlled CFR 1315.13. Five companies submitted adequate reserve stock pursuant to 21 Substances Import and Export Act,’’ timely comments regarding twelve U.S.C. 826(a), as intended. See 21 CFR respectively, and are collectively schedule I and II controlled substances. 1303.24. This would be concerning if a referred to as the ‘‘Controlled These comments suggested that the natural disaster or other unforeseen Substances Act’’ or the ‘‘CSA’’ for the proposed adjusted aggregate production event resulted in substantial disruption purposes of this action. The DEA quotas for codeine (for sale), fentanyl, to the amount of controlled substances publishes the implementing regulations gamma hydroxybutric acid, available to provide for legitimate for these statutes in title 21 of the Code hydrocodone (for sale), methadone, public need. As such, the DEA included of Federal Regulations (CFR), chapter II. methadone intermediate, in all schedule II aggregate production The CSA and its implementing methylphenidate, morphine (for quotas, and certain schedule I aggregate regulations are designed to prevent, conversion), oripavine, oxycodone (for production quotas, an additional 25% of detect, and eliminate the diversion of sale), oxymorphone (for conversion), the estimated medical, scientific, and controlled substances and listed and oxymorphone (for sale) were research needs as part of the amount chemicals into the illicit market while insufficient to provide for the estimated necessary to ensure the establishment providing for the legitimate medical, medical, scientific, research, and and maintenance of reserve stocks. The scientific, research, and industrial needs industrial needs of the United States, for final established aggregate production of the United States. Controlled export requirements, and for the quotas will reflect these included

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55643

amounts. This action will not affect the disruption to the amount of controlled aggregate production quotas for the ability of manufacturers to maintain substances available to provide for following schedule I and II controlled inventory allowances as specified by legitimate public need, as determined substances and the 2015 assessment of regulation. The DEA expects that by the DEA. The DEA does not annual needs for the list I chemicals maintaining this reserve in certain anticipate utilizing the reserve in the ephedrine, pseudoephedrine, and established aggregate production quotas absence of these circumstances. phenylpropanolamine, expressed in will mitigate adverse public effects if an Pursuant to the above, the grams of anhydrous acid or base, as unforeseen event results in substantial Administrator hereby finalizes the 2015 follows:

Final adjusted Basic class 2015 quotas (g)

Schedule I

(1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (UR–144) ...... 25 [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (XLR11) ...... 25 [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone (THJ–2201) ...... 15 1-(1,3-Benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone) ...... 25 1-(1,3-Benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone) ...... 25 1-(1-Phenylcyclohexyl)pyrrolidine ...... 10 1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (AM2201) ...... 45 1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (AM694) ...... 45 1-[1-(2-Thienyl)cyclohexyl]piperidine ...... 15 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH–200) ...... 45 1-Butyl-3-(1-naphthoyl)indole (JWH–073) ...... 45 1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR–18 and RCS–8) ...... 45 1-Hexyl-3-(1-naphthoyl)indole (JWH–019) ...... 45 1-Methyl-4-phenyl-4-propionoxypiperidine ...... 2 1-Pentyl-3-(1-naphthoyl)indole (JWH–018 and AM678) ...... 45 1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH–203) ...... 45 1-Pentyl-3-(2-methoxyphenylacetyl)indole (JWH–250) ...... 45 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH–398) ...... 45 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH–122) ...... 45 1-Pentyl-3-[(4-methoxy)-benzoyl]indole (SR–19, RCS–4) ...... 45 1-Pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH–081) ...... 45 2-(2,5-Dimethoxy-4-n-propylphenyl)ethanamine (2C–P) ...... 30 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C–E) ...... 30 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C–D) ...... 30 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C–N) ...... 30 2-(2,5-Dimethoxyphenyl)ethanamine (2C–H) ...... 30 2-(4-Bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B–NBOMe; 2C–B–NBOMe; 25B; Cimbi-36) ...... 25 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C–C) ...... 30 2-(4-Chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C–NBOMe; 2C–C–NBOMe; 25C; Cimbi-82) ...... 25 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C–I) ...... 30 2-(4-Iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I–NBOMe; 2C–I–NBOMe; 25I; Cimbi-5) ...... 15 2-(Methylamino)-1-phenylpentan-1-one (pentedrone) ...... 15 2,5-Dimethoxy-4-ethylamphetamine (DOET) ...... 25 2,5-Dimethoxy-4-n-propylthiophenethylamine ...... 25 2,5-Dimethoxyamphetamine ...... 25 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C–T–2) ...... 30 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C–T–4) ...... 30 3,4,5-Trimethoxyamphetamine ...... 25 3,4-Methylenedioxyamphetamine (MDA) ...... 55 3,4-Methylenedioxymethamphetamine (MDMA) ...... 50 3,4-Methylenedioxy-N-ethylamphetamine (MDEA) ...... 40 3,4-Methylenedioxy-N-methylcathinone (methylone) ...... 50 3,4-Methylenedioxypyrovalerone (MDPV) ...... 35 3-Fluoro-N-methylcathinone (3–FMC) ...... 25 3-Methylfentanyl ...... 2 3-Methylthiofentanyl ...... 2 4-Bromo-2,5-dimethoxyamphetamine (DOB) ...... 25 4-Bromo-2,5-dimethoxyphenethylamine (2–CB) ...... 25 4-Fluoro-N-methylcathinone (4–FMC) ...... 25 4-Methoxyamphetamine ...... 100 4-Methyl-2,5-dimethoxyamphetamine (DOM) ...... 25 4-Methylaminorex ...... 25 4-Methyl-N-ethylcathinone (4–MEC) ...... 25 4-Methyl-N-methylcathinone (mephedrone) ...... 45 4-Methyl-a-pyrrolidinopropiophenone (4-MePPP) ...... 25 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol ...... 68 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP–47,497 C8-homolog) ...... 53 5-Methoxy-3,4-methylenedioxyamphetamine ...... 25 5-Methoxy-N,N-diisopropyltryptamine ...... 25 5-Methoxy-N,N-dimethyltryptamine ...... 25 Acetyl-alpha-methylfentanyl ...... 2

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55644 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Final adjusted Basic class 2015 quotas (g)

Acetyldihydrocodeine ...... 2 Acetylmethadol ...... 2 Allylprodine ...... 2 Alphacetylmethadol ...... 2 alpha-Ethyltryptamine ...... 25 Alphameprodine ...... 2 Alphamethadol ...... 2 alpha-Methylfentanyl ...... 2 alpha-Methylthiofentanyl ...... 2 alpha-Methyltryptamine (AMT) ...... 25 alpha-Pyrrolidinobutiophenone (a-PBP) ...... 25 alpha-Pyrrolidinopentiophenone (a-PVP) ...... 25 Aminorex ...... 25 Benzylmorphine ...... 2 Betacetylmethadol ...... 2 beta-Hydroxy-3-methylfentanyl ...... 2 beta-Hydroxyfentanyl ...... 2 Betameprodine ...... 2 Betamethadol ...... 4 Betaprodine ...... 2 Bufotenine ...... 3 Cathinone ...... 70 Codeine methylbromide ...... 5 Codeine-N-oxide ...... 305 Desomorphine ...... 25 Diethyltryptamine ...... 25 Difenoxin ...... 11,000 Dihydromorphine ...... 3,990,000 Dimethyltryptamine ...... 35 Dipipanone ...... 5 Fenethylline ...... 5 gamma-Hydroxybutyric acid ...... 70,250,000 Heroin ...... 50 Hydromorphinol ...... 2 Hydroxypethidine ...... 2 Ibogaine ...... 5 Lysergic acid diethylamide (LSD) ...... 35 Marihuana ...... 658,000 Mescaline ...... 25 Methaqualone ...... 10 Methcathinone ...... 25 Methyldesorphine ...... 5 Methyldihydromorphine ...... 2 Morphine methylbromide ...... 5 Morphine methylsulfonate ...... 5 Morphine-N-oxide ...... 350 N-(1-Adamantyl)-1-pentyl-1H-indazole-3-carboxamide (AKB48) ...... 25 N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (ADB–PINACA) ...... 25 N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB–FUBINACA) ...... 25 N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (AB–CHMINACA) ...... 15 N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (AB–PINACA) ...... 15 N,N-Dimethylamphetamine ...... 25 Naphthylpyrovalerone (naphyrone) ...... 25 N-Benzylpiperazine ...... 25 N-Ethyl-1-phenylcyclohexylamine ...... 5 N-Ethylamphetamine ...... 24 N-Hydroxy-3,4-methylenedioxyamphetamine ...... 24 Noracymethadol ...... 2 Norlevorphanol ...... 52 Normethadone ...... 2 Normorphine ...... 40 Para-fluorofentanyl ...... 5 Parahexyl ...... 5 Phenomorphan ...... 2 Pholcodine ...... 5 Psilocybin ...... 30 Psilocyn ...... 30 Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (5-fluoro-PB–22; 5F–PB–22) ...... 25 Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB–22; QUPIC) ...... 25 Tetrahydrocannabinols ...... 511,250 Thiofentanyl ...... 2 Tilidine ...... 25

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55645

Final adjusted Basic class 2015 quotas (g)

Trimeperidine ...... 2

Schedule II

1-Phenylcyclohexylamine ...... 5 1-Piperidinocyclohexanecarbonitrile ...... 5 4-Anilino-N-phenethyl-4-piperidine (ANPP) ...... 2,687,500 Alfentanil ...... 17,750 Alphaprodine ...... 3 Amobarbital ...... 25,125 Amphetamine (for conversion) ...... 21,875,000 Amphetamine (for sale) ...... 37,500,000 Carfentanil ...... 19 Cocaine ...... 275,000 Codeine (for conversion) ...... 50,000,000 Codeine (for sale) ...... 63,900,000 Dextropropoxyphene ...... 45 Dihydrocodeine ...... 226,375 Dihydroetorphine ...... 3 Diphenoxylate (for conversion) ...... 75,000 Diphenoxylate (for sale) ...... 1,337,500 Ecgonine ...... 174,375 Ethylmorphine ...... 5 Etorphine hydrochloride ...... 3 Fentanyl ...... 2,300,000 Glutethimide ...... 3 Hydrocodone (for conversion) ...... 137,500 Hydrocodone (for sale) ...... 99,625,000 Hydromorphone ...... 7,000,000 Isomethadone ...... 5 Levo-alphacetylmethadol (LAAM) ...... 4 Levomethorphan ...... 30 Levorphanol ...... 7,125 Lisdexamfetamine ...... 29,750,000 Meperidine ...... 6,250,000 Meperidine Intermediate-A ...... 6 Meperidine Intermediate-B ...... 32 Meperidine Intermediate-C ...... 6 Metazocine ...... 19 Methadone (for sale) ...... 31,875,000 Methadone Intermediate ...... 34,375,000 Methamphetamine ...... 2,061,375

[1,250,000 grams of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 750,000 grams for methamphetamine mostly for conversion to a schedule III product; and 61,375 grams for methamphetamine (for sale)]

Methylphenidate ...... 96,750,000 Morphine (for conversion) ...... 91,250,000 Morphine (for sale) ...... 62,500,000 Nabilone ...... 18,750 Noroxymorphone (for conversion) ...... 17,500,000 Noroxymorphone (for sale) ...... 1,475,000 Opium (powder) ...... 112,500 Opium (tincture) ...... 687,500 Oripavine ...... 35,000,000 Oxycodone (for conversion) ...... 8,350,000 Oxycodone (for sale) ...... 141,375,000 Oxymorphone (for conversion) ...... 29,000,000 Oxymorphone (for sale) ...... 7,750,000 Pentobarbital ...... 35,000,000 Phenazocine ...... 6 Phencyclidine ...... 38 Phenmetrazine ...... 3 Phenylacetone ...... 9,375,000 Racemethorphan ...... 5 Racemorphan ...... 3 Remifentanil ...... 4,200 Secobarbital ...... 215,003 Sufentanil ...... 6,255 Tapentadol ...... 12,500,000 Thebaine ...... 125,000,000

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55646 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Final adjusted Basic class 2015 quotas (g)

List I Chemicals

Ephedrine (for conversion) ...... 1,000,000 Ephedrine (for sale) ...... 4,000,000 Phenylpropanolamine (for conversion) ...... 44,800,000 Phenylpropanolamine (for sale) ...... 8,500,000 Pseudoephedrine (for conversion) ...... 7,000 Pseudoephedrine (for sale) ...... 224,500,000

Aggregate production quotas for all before such rate is to take effect. See 79 engaging in notice-and-comment other schedule I and II controlled FR 9851. rulemaking, the Department published a substances included in 21 CFR 1308.11 Pursuant to Executive Order 13658 Final Rule on October 7, 2014 to and 1308.12 remain at zero. and its implementing regulations at 29 implement the Executive Order. See 79 Dated: September 10, 2015. CFR part 10, notice is hereby given that FR 60634. The final regulations, set Chuck Rosenberg, beginning January 1, 2016, the forth at 29 CFR part 10, established Executive Order minimum wage rate standards and procedures for Acting Administrator. that generally must be paid to workers implementing and enforcing the [FR Doc. 2015–23199 Filed 9–15–15; 8:45 am] performing work on or in connection minimum wage protections of the BILLING CODE 4410–09–P with covered contracts is $10.15 per Order. hour. Notice is also hereby given that, The Executive Order and its beginning January 1, 2016, the required implementing regulations require the DEPARTMENT OF LABOR minimum cash wage that generally must Secretary to determine the applicable be paid to tipped employees performing minimum wage rate to be paid to Office of the Secretary work on or in connection with covered workers performing work on or in Establishing a Minimum Wage for contracts is $5.85 per hour. connection with covered contracts on an Contractors, Notice of Rate Change in DATES: This notice is effective on annual basis, beginning January 1, 2016. Effect as of January 1, 2016 September 16, 2015. See 79 FR 9851; 29 CFR 10.1(a)(2), FOR FURTHER INFORMATION CONTACT: 10.5(a)(2), 10.12(a). Sections 2(a) and (b) AGENCY: Wage and Hour Division, Robert Waterman, Acting Director, of the Order establish the methodology Department of Labor. Division of Regulations, Legislation, and that the Secretary must use to determine ACTION: Notice. Interpretation, Wage and Hour Division, the annual inflation-based increases to the minimum wage rate. See 79 FR U.S. Department of Labor, Room S– SUMMARY: The Wage and Hour Division 9851. These provisions, which are 3502, 200 Constitution Avenue NW., (WHD) of the U.S. Department of Labor implemented in 29 CFR 10.5(b), explain Washington, DC 20210; telephone: (202) (the Department) is issuing this notice to that the applicable minimum wage 693–0406 (this is not a toll-free announce the applicable minimum determined by the Secretary for each number). Copies of this notice may be wage rate to be paid to workers calendar year shall be: performing work on or in connection obtained in alternative formats (Large (i) Not less than the amount in effect with Federal contracts covered by Print, Braille, Audio Tape, or Disc), on the date of such determination; Executive Order 13658, beginning upon request, by calling (202) 693–0023 (ii) Increased from such amount by January 1, 2016. (not a toll-free number). TTY/TTD the annual percentage increase in the Executive Order 13658, Establishing a callers may dial toll-free (877) 889–5627 Consumer Price Index for Urban Wage Minimum Wage for Contractors (the to obtain information or request Earners and Clerical Workers (CPI–W) Executive Order or the Order), was materials in alternative formats. (United States city average, all items, signed by President Barack Obama on SUPPLEMENTARY INFORMATION: not seasonally adjusted), or its successor February 12, 2014, and raised the hourly I. Executive Order 13658 Background publication, as determined by the minimum wage paid by contractors to and Requirements for Determining Bureau of Labor Statistics (BLS); and workers performing work on covered Annual Increases to the Minimum (iii) Rounded to the nearest multiple Federal contracts to: $10.10 per hour, of $0.05. Wage Rate beginning January 1, 2015; and Section 2(b) of the Executive Order beginning January 1, 2016, and annually Executive Order 13658 was signed by further provides that, in calculating the thereafter, an amount determined by the President Barack Obama on February annual percentage increase in the CPI Secretary of Labor (the Secretary) in 12, 2014, and raised the hourly for purposes of determining the new accordance with the methodology set minimum wage paid by contractors to minimum wage rate, the Secretary shall forth in the Order. See 79 FR 9851. The workers performing work on or in compare such CPI for the most recent Secretary’s determination of the connection with covered Federal month, quarter, or year available (as Executive Order minimum wage rate contracts to $10.10 per hour, beginning selected by the Secretary prior to the also affects the minimum hourly cash January 1, 2015; and beginning January first year for which a minimum wage is wage that must be paid to tipped 1, 2016, and annually thereafter, an in effect) with the CPI for the same employees performing work on or in amount determined by the Secretary month in the preceding year, the same connection with covered contracts pursuant to the Order. See 79 FR 9851. quarter in the preceding year, or the beginning January 1, 2016. See 79 FR The Executive Order directed the preceding year, respectively. See 79 FR 9851–52. The Secretary is required to Secretary to issue regulations to 9851. In order to calculate the annual provide notice to the public of the new implement the Order’s requirements. percentage increase in the CPI, the minimum wage rate at least 90 days See 79 FR 9852. Accordingly, after Department elected in its Final Rule

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55647

implementing the Executive Order to the employee must equal at least the III. The 2016 Executive Order compare such CPI for the most recent difference between the cash wage paid Minimum Cash Wage for Tipped year available with the CPI for the and the Executive Order minimum Employees preceding year. See 29 CFR wage; if the employee does not receive As noted above, section 3 of the 10.5(b)(2)(iii). In its Final Rule, the sufficient tips, the contractor must Executive Order requires contractors to Department explained that it decided to increase the cash wage paid so that the pay tipped employees covered by the compare the CPI–W for the most recent cash wage in combination with the tips Order performing on or in connection year available (instead of using the most received equals the Executive Order with covered contracts an hourly cash recent month or quarter, as allowed by minimum wage. Id. wage of at least $4.90, beginning January the Order) with the CPI–W for the II. The 2016 Executive Order Minimum 1, 2015, provided the employees receive preceding year, in order ‘‘to minimize Wage Rate sufficient tips to equal the Executive the impact of seasonal fluctuations on Order minimum wage rate under section the Executive Order minimum wage In accordance with the methodology 2 of the Order when combined with the rate.’’ 79 FR 60666. set forth in the Executive Order and Once a determination has been made summarized above, the Department cash wage. See 79 FR 9851–52; 29 CFR with respect to the new minimum wage must first determine the annual 10.28(a). Section 3 of the Executive rate to be paid to workers performing percentage increase in the CPI–W Order also provides a methodology to be work on or in connection with covered (United States city average, all items, utilized each year in determining the contracts, the Executive Order and its not seasonally adjusted) as published by amount of the minimum hourly cash implementing regulations require the BLS in order to determine the new wage that must be paid to tipped Secretary to notify the public of the Executive Order minimum wage rate. In employees performing on or in applicable minimum wage rate on an calculating the annual percentage connection with covered contracts. annual basis at least 90 days before any increase in the CPI, the Department Pursuant to the Order, in each new minimum wage is to take effect. must compare the CPI–W for the most succeeding year, beginning January 1, See 79 FR 9851; 29 CFR 10.5(a)(2), recent year available with the CPI–W for 2016, the required cash wage increases 10.12(c)(1). The regulations explain that the preceding year. The Department by $0.95 (or a lesser amount if the Administrator of the Department’s therefore compares the percentage necessary) until it reaches 70 percent of Wage and Hour Division (the change in the CPI–W between the most the Executive Order minimum wage Administrator) will publish an annual recent year (i.e., the most recent four rate. For subsequent years, the cash notice in the Federal Register stating quarters) and the prior year (i.e., the four wage for tipped employees will be 70 the applicable minimum wage rate at quarters preceding the most recent percent of the Executive Order least 90 days before any new minimum year). The current Executive Order minimum wage rate rounded to the wage is to take effect. See 29 CFR minimum wage rate must then be nearest $0.05. 10.12(c)(2)(i). Additionally, the increased by the resulting annual In order to determine the minimum regulations state that the Administrator percentage change and rounded to the hourly cash wage that must be paid to will provide notice of the Executive nearest multiple of $0.05. tipped employees performing on or in Order minimum wage rate on Wage In order to determine the Executive connection with covered contracts Determinations OnLine (WDOL), http:// Order minimum wage rate beginning beginning January 1, 2016, the www.wdol.gov, or any successor site; on January 1, 2016, the Department Department first calculated that 70 all wage determinations issued under therefore calculated the CPI–W for the percent of the new Executive Order the Davis-Bacon Act (DBA), 40 U.S.C. most recent year by averaging the CPI– minimum wage rate of $10.15 is $7.11. 3141 et seq., and the Service Contract W for the four most recent quarters, The Executive Order provides that the Act (SCA), 41 U.S.C. 6701 et seq.; and which consist of the first two quarters current minimum hourly cash wage of by other means the Administrator of 2015 and the last two quarters of 2014 $4.90 must increase by the lesser of deems appropriate. See 29 CFR (i.e., July 2014 through June 2015). The $0.95 or the amount necessary for the 10.12(c)(2)(ii)–(iv). Department then compared that data to hourly cash wage to equal 70 percent of Section 3 of the Executive Order the average CPI–W for the preceding the applicable Executive Order requires contractors to pay tipped year, which consists of the first two minimum wage. Because $0.95 is less employees covered by the Order quarters of 2014 and the last two than $2.21 (the amount necessary for the performing on or in connection with quarters of 2013 (i.e., July 2013 through hourly cash wage to reach 70 percent of covered contracts an hourly cash wage June 2014). Based on this methodology, $10.15), the hourly cash wage must of at least $4.90, beginning on January the Department determined that the increase by $0.95. 1, 2015, provided the employees receive annual percentage increase in the CPI– The new minimum hourly cash wage sufficient tips to equal the Executive W (United States city average, all items, that must generally be paid to tipped Order minimum wage rate under section not seasonally adjusted) was 0.345%. workers performing on or in connection 2 of the Order when combined with the The Department then applied that with covered contracts beginning cash wage. See 79 FR 9851–52; 29 CFR annual percentage increase of 0.345% to January 1, 2016 is therefore $5.85 per 10.28(a). The Order further provides the current Executive Order hourly hour. that, in each succeeding year, beginning minimum wage rate of $10.10, which IV. Appendices January 1, 2016, the required cash wage resulted in a wage rate of $10.13 must increase by $0.95 (or a lesser (($10.10 × .00345) + $10.10); however, Appendix A to this notice provides a amount if necessary) until it reaches 70 pursuant to the Executive Order, that comprehensive chart of the CPI–W data percent of the Executive Order rate must be rounded to the nearest published by BLS that the Department minimum wage. Id. For subsequent multiple of $0.05. The new Executive utilized to calculate the new Executive years, the cash wage for tipped Order minimum wage rate that must Order minimum wage rate based on the employees will be 70 percent of the generally be paid to workers performing methodology explained herein. Executive Order minimum wage on or in connection with covered Appendix B to this notice sets forth an rounded to the nearest $0.05. Id. At all contracts beginning January 1, 2016 is updated version of the Executive Order times, the amount of tips received by therefore $10.15 per hour. 13658 poster that the Department

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55648 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

published with its Final Rule, reflecting remain in effect until further notice. You may contact NARA’s GRS Team the updated wage rates that will be in Previously published outpatient (within Records Management Services effect beginning January 1, 2016. See 79 medical and dental, and cosmetic in the National Records Management FR 60732–33. Pursuant to 29 CFR 10.29, surgery rates remain in effect until Program, Office of the Chief Records contractors are required to notify all further notice. Pharmacy rates are Officer) with general questions about workers performing on or in connection updated periodically. A full disclosure the GRS at [email protected]. with a covered contract of the of the rates is posted on Defense Health Your agency’s records officer may applicable minimum wage rate under Agency’s Uniform Business Office Web contact the NARA appraiser or records the Executive Order. Contractors with site: http://www.tricare.mil/ocfo/mcfs/ analyst with whom your agency employees covered by the Fair Labor ubo/mhs_rates.cfm. normally works for support in carrying Standards Act who are performing on or out this transmittal and the revised Shaun Donovan, in connection with a covered contract portions of the GRS. We have posted a may satisfy the notice requirement by Director, Office Management and Budget. list of the appraisal and scheduling displaying the poster set forth in [FR Doc. 2015–23254 Filed 9–15–15; 8:45 am] work group and regional contacts on our Appendix B in a prominent or BILLING CODE P Web site at http://www.archives.gov/ accessible place at the worksite. records-mgmt/appraisal/index.html. Dated: September 9, 2015. SUPPLEMENTARY INFORMATION: NATIONAL ARCHIVES AND RECORDS David Weil, What is GRS Transmittal 25? Wage and Hour Administrator. ADMINISTRATION GRS Transmittal 25 is the issuing Appendix A [NARA–2015–062] memo for newly-revised portions of the Appendix B [FR Doc. 2015–23235 Filed 9–15–15; 8:45 am] Records Management; General General Records Schedule (GRS). We are completely rewriting the GRS over BILLING CODE 4510–27–P Records Schedule (GRS); GRS Transmittal 25; Email Managed Under the course of a five-year project. We a Capstone Approach published the master plan for that project in 2013 under records OFFICE OF MANAGEMENT AND AGENCY: National Archives and Records management memo AC 02.2013 (http:// BUDGET Administration (NARA) www.archives.gov/records-mgmt/ Fiscal Year 2015 Cost of Hospital and ACTION: Notice of new General Records memos/ac02-2013.html). We have Medical Care Treatment Furnished by Schedule (GRS) Transmittal 25 changed some details in the plan, but its the Department of Defense Medical major outlines remain solid. Transmittal SUMMARY: Treatment Facilities; Certain Rates NARA is issuing a new 23 was the first installment of the new Regarding Recovery From Tortiously General Records Schedule (GRS) via GRS; Transmittal 24 was the second. Liable Third Persons GRS Transmittal 25. The GRS provides GRS Transmittal 25 issues additions to agencies with mandatory disposition the GRS that we have made since we AGENCY: Executive Office of the instructions for administrative records published GRS Transmittal 24 in August President, Office of Management and common to several or all Federal 2015. However, schedules published in Budget. agencies. Transmittal 25 announces GRS Transmittal 24 are still active. ACTION: Notice. changes we have made to the GRS since we published Transmittal 24 in August What does Transmittal 25 contain and how do I use it? SUMMARY: By virtue of the authority 2015. We are concurrently vested in the President by Section 2(a) disseminating Transmittal 25 (the memo GRS Transmittal 25 contains one new of Pub. B. 87–603 (76 Stat. 593; 42 and the accompanying records schedule schedule: GRS 6.1, Email Managed U.S.C. 2652), and delegated to the and FAQ document) directly to each under a Capstone Approach, and an Director of the Office of Management agency’s records management official accompanying frequently-asked- and Budget (OMB) by the President and have posted it on NARA’s Web site. questions (FAQ) document. Transmittal through Executive Order No. 11541 of DATES: This transmittal is effective the 25 does not supersede GRS Transmittal July 1, 1970, the rates referenced below date it publishes in the Federal 24; you should use it in concert with are hereby established. These rates are Register. Transmittal 24, which publishes all for use in connection with the recovery other GRSs. from tortiously liable third persons for ADDRESSES: You can find this Why does this transmittal not republish the cost of inpatient medical services transmittal on NARA’s Web site at all previously approved GRS schedules furnished by military treatment facilities http://www.archives.gov/records-mgmt/ as have previous transmittals? through the Department of Defense. grs/. You can download the complete They are the same rates as the Adjusted current GRS, in PDF format, from We issued Transmittal 24 just a few Standardized Amounts inpatient third NARA’s Web site at http:// weeks ago, on August 18, 2015. Because party reimbursement rates that became www.archives.gov/records-mgmt/ that transmittal superseded a effective October 1, 2014, for billing grs.html (however, please remember in considerable number of old GRS items, medical insurers, but require a different this case to download both Transmittal we permitted agencies six months in approval authority for the purpose of 24 and 25 if you want the complete which to take certain actions required to billing for tort liability. The rates have GRS). update their manuals. Transmittal 24 been established in accordance with the FOR FURTHER INFORMATION CONTACT: For needs to remain a separate publication requirements of OMB Circular A–25, more information about this notice or to until that six months has elapsed so that requiring reimbursement of the full cost obtain paper copies of the GRS, contact agencies can be clear on the of all services provided. The Fiscal Year Kimberly Keravuori, External Policy responsibilities arising from that 2015 Inpatient Medical Rates referenced Program Manager, at regulation_ document. We will incorporate the new are effective upon publication of this [email protected], or by telephone at schedule from Transmittal 25, along notice in the Federal Register and will 301.837.3151. with the schedules contained in

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55649

Transmittal 24, into the next transmittal under the National Foundation on the 6. DATE: October 8, 2015. for a complete set as usual. Arts and Humanities Act of 1965. TIME: 8:30 a.m. to 5:00 p.m. ROOM: 4002. What GRS items does Transmittal 25 DATES: See SUPPLEMENTARY INFORMATION section for meeting dates. This meeting will discuss rescind? applications for the Humanities ADDRESSES: The meetings will be held at None. Transmittal 25 covers records Constitution Center at 400 7th Street Initiatives at Community Colleges grant never before scheduled by the GRS. SW., Washington, DC 20506. See program, submitted to the Division of Education Programs. How do I cite new GRS items? SUPPLEMENTARY INFORMATION for meeting 7. DATE: October 9, 2015. room numbers. When you send records to a Federal TIME: 8:30 a.m. to 5:00 p.m. Records Center for storage, you should FOR FURTHER INFORMATION CONTACT: ROOM: 4002. cite the records’ legal authority—the Lisette Voyatzis, Committee This meeting will discuss ‘‘DAA’’ number—in the ‘‘Disposition Management Officer, 400 7th Street applications for the Humanities Authority’’ column of the table. For SW., Room 4060, Washington, DC Initiatives at Community Colleges grant other references, use the schedule and 20506; (202) 606–8322; evoyatzis@ program, submitted to the Division of item number. For example, cite ‘‘DAA– neh.gov. Hearing-impaired individuals Education Programs. GRS–2014–0001–0001 (GRS 6.1, item who prefer to contact us by phone may 8. DATE: October 15, 2015. 010).’’ use NEH’s TDD terminal at (202) 606– TIME: 8:30 a.m. to 5:00 p.m. 8282. ROOM: P002. Do I have to take any action to SUPPLEMENTARY INFORMATION: Pursuant This meeting will discuss implement these GRS changes? to section 10(a)(2) of the Federal applications on the subjects of If your agency has chosen to use the Advisory Committee Act (5 U.S.C. American Studies: Folkways and Capstone approach to managing email, App.), notice is hereby given of the Popular Culture, for the Humanities you may use GRS 6.1 provided your following meetings: Collections and Reference Resources agency submits NA–1005 for NARA 1. DATE: October 1, 2015. grant program, submitted to the Division review. An agency may not implement TIME: 8:30 a.m. to 5:00 p.m. of Preservation and Access. GRS 6.1 until NARA reviews and ROOM: P002. 9. DATE: October 20, 2015. approves the agency’s NA–1005 This meeting will discuss TIME: 8:30 a.m. to 5:00 p.m. submission. Submit form NA–1005 to applications on the subject of U.S. ROOM: P002. [email protected]. History and Culture: Social History, for This meeting will discuss NARA regulations (36 CFR the Humanities Collections and applications on the subjects of New 1226.12(a)) require agencies to Reference Resources grant program, World Archeology and Cultures, for the disseminate GRS changes within six submitted to the Division of Humanities Collections and Reference months of receipt. Preservation and Access. Resources grant program, submitted to If you do not have an already existing 2. DATE: October 5, 2015. the Division of Preservation and Access. agency-specific disposition authority TIME: 8:30 a.m. to 5:00 p.m. 10. DATE: October 21, 2015. but wish to apply a retention period that ROOM: 4002. TIME: 8:30 a.m. to 5:00 p.m. differs from that specified in the GRS, This meeting will discuss ROOM: 4002. you must create a records schedule in applications for the Humanities This meeting will discuss the Electronic Records Archives and Initiatives at Community Colleges grant applications on the subjects of Arts and submit it to NARA for approval. program, submitted to the Division of Culture for Media Projects: Production Education Programs. Grants, submitted to the Division of Dated: September 10, 2015. 3. DATE: October 6, 2015. Public Programs. David S. Ferriero, TIME: 8:30 a.m. to 5:00 p.m. 11. DATE: October 22, 2015. Archivist of the United States. ROOM: P002. TIME: 8:30 a.m. to 5:00 p.m. [FR Doc. 2015–23245 Filed 9–15–15; 8:45 am] This meeting will discuss ROOM: Virtual Panel. BILLING CODE 7515–01–P applications on the subject of U.S. This meeting will discuss History and Culture: Colonial Era to applications on the subject of U.S. Early 1900s, for the Humanities History and Culture: African American Collections and Reference Resources Studies, for the Humanities Collections NATIONAL FOUNDATION ON THE grant program, submitted to the Division and Reference Resources grant program, ARTS AND THE HUMANITIES of Preservation and Access. submitted to the Division of 4. DATE: October 6, 2015. Preservation and Access. National Endowment for the TIME: 8:30 a.m. to 5:00 p.m. 12. DATE: October 22, 2015. Humanities ROOM: 4002. TIME: 8:30 a.m. to 5:00 p.m. Meetings of Humanities Panel This meeting will discuss ROOM: Conference Call. applications for the Humanities This meeting will discuss AGENCY: National Endowment for the Initiatives at Community Colleges grant applications for Enduring Questions: Humanities. program, submitted to the Division of Pilot Course Grants, submitted to the ACTION: Notice of meetings. Education Programs. Division of Education Programs. 5. DATE: October 8, 2015. 13. DATE: October 22, 2015. SUMMARY: The National Endowment for TIME: 8:30 a.m. to 5:00 p.m. TIME: 8:30 a.m. to 5:00 p.m. the Humanities will hold seventeen ROOM: P002. ROOM: 4002. meetings of the Humanities Panel, a This meeting will discuss This meeting will discuss federal advisory committee, during applications on the subject of Literature, applications on the subjects of World October, 2015. The purpose of the for the Humanities Collections and Arts and Culture, for Museums, meetings is for panel review, discussion, Reference Resources grant program, Libraries, and Cultural Organizations: evaluation, and recommendation of submitted to the Division of Implementation Grants, submitted to the applications for financial assistance Preservation and Access. Division of Public Programs.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55650 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

14. DATE: October 27, 2015. application from Uranerz Energy I. Background TIME: 8:30 a.m. to 5:00 p.m. Corporation (Uranerz) for amendment of ROOM: P002. Source Materials License SUA–1597 for The NRC has received, by letter dated This meeting will discuss the Nichols Ranch Uranium Project. The May 8, 2014 (Package ADAMS applications on the subject of American amendment would authorize the Accession No. ML14164A274), an Studies: Media Studies, for the recovery of uranium by in situ leach application to amend Uranerz’s Source Humanities Collections and Reference (ISL) extraction techniques from the Materials License SUA–1597 for the Resources grant program, submitted to Jane Dough Unit. The amendment Nichols Ranch Uranium Project in the Division of Preservation and Access. request contains sensitive unclassified Campbell and Johnson Counties, 15. DATE: October 28, 2015. non-safeguards information (SUNSI). Wyoming. The proposed amendment TIME: 8:30 a.m. to 5:00 p.m. DATES: A request for a hearing or would authorize the recovery of ROOM: 4002. petition for leave to intervene must be uranium by ISL extraction techniques This meeting will discuss filed by November 16, 2015. Any from the Jane Dough Unit. This applications on the subject of History, potential party as defined in § 2.4 of application contains Sensitive for Media Projects: Production Grants, Title 10 of the Code of Federal Unclassified Non-Safeguards submitted to the Division of Public Regulations (10 CFR), who believes Information (SUNSI). Uranerz revised Programs. access to SUNSI is necessary to respond its May 8, 2014, application on October 16. DATE: October 29, 2015. to this notice must request document 29, 2014 (ADAMS Accession No. TIME: 8:30 a.m. to 5:00 p.m. access by September 28, 2015. ML14309A118); April 13, 2015 ROOM: Virtual Meeting. ADDRESSES: Please refer to Docket ID (ADAMS Accession No. ML15118A063); This meeting will discuss NRC–2015–0199 when contacting the and June 26, 2015 (ADAMS Accession applications on the subject of NRC about the availability of No. ML15182A013). Linguistics, for the Humanities information regarding this document. An NRC administrative review found Collections and Reference Resources You may obtain publicly-available the application acceptable for a grant program, submitted to the Division information related to this document technical review (ADAMS Accession of Preservation and Access. using any of the following methods: No. ML15189A458). Prior to approving 17. DATE: October 29, 2015. • Federal Rulemaking Web site: Go to the amendment request, the NRC will TIME: 8:30 a.m. to 5:00 p.m. http://www.regulations.gov and search need to make the findings required by ROOM: 4002. for Docket ID NRC–2015–0199. Address the Atomic Energy Act of 1954, as This meeting will discuss questions about NRC dockets to Carol amended (the Act), and the NRC’s applications on the subject History, for Gallagher; telephone: 301–415–3463; regulations. The NRC’s findings will be Media Projects: Production Grants, email: [email protected]. For documented in a safety evaluation submitted to the Division of Public technical questions, contact the report and an environmental Programs. Because these meetings will individuals listed in the FOR FURTHER assessment. The environmental include review of personal and/or INFORMATION CONTACT section of this assessment will be the subject of a proprietary financial and commercial document. subsequent notice in the Federal information given in confidence to the • NRC’s Agencywide Documents Register. agency by grant applicants, the meetings Access and Management System will be closed to the public pursuant to (ADAMS): You may obtain publicly- II. Opportunity To Request a Hearing sections 552b(c)(4) and 552b(c)(6) of available documents online in the and Petition for Leave To Intervene Title 5, U.S.C., as amended. I have made ADAMS Public Documents collection at Within 60 days after the date of this determination pursuant to the http://www.nrc.gov/reading-rm/ publication of this notice, any person(s) authority granted me by the Chairman’s adams.html. To begin the search, select whose interest may be affected by this Delegation of Authority to Close ‘‘ADAMS Public Documents’’ and then action may file a request for a hearing Advisory Committee Meetings dated select ‘‘Begin Web-based ADAMS and a petition to intervene with respect July 19, 1993. Search.’’ For problems with ADAMS, to issuance of the amendment to the Dated: September 10, 2015. please contact the NRC’s Public subject facility operating license. Lisette Voyatzis, Document Room (PDR) reference staff at Requests for a hearing and a petition for Committee Management Officer. 1–800–397–4209, 301–415–4737, or by leave to intervene shall be filed in email to [email protected]. The [FR Doc. 2015–23205 Filed 9–15–15; 8:45 am] accordance with the NRC’s ‘‘Agency ADAMS accession number for each BILLING CODE 7536–01–P Rules of Practice and Procedure’’ in 10 document referenced in this document CFR part 2. Interested person(s) should (if that document is available in consult a current copy of 10 CFR 2.309, ADAMS) is provided the first time that which is available at the NRC’s PDR. NUCLEAR REGULATORY a document is referenced. COMMISSION • The NRC’s regulations are accessible NRC’s PDR: You may examine and electronically from the NRC Library on [Docket No. 040–09067; NRC–2015–0199] purchase copies of public documents at the NRC’s Web site at http:// the NRC’s PDR, Room O1–F21, One www.nrc.gov/reading-rm/doc- Uranerz Energy Corporation; Nichols White Flint North, 11555 Rockville collections/cfr/. If a request for a hearing Ranch In Situ Recovery Project Pike, Rockville, Maryland 20852. or petition for leave to intervene is filed FOR FURTHER INFORMATION CONTACT: AGENCY: Nuclear Regulatory within 60 days, the Commission or a Commission. David D. Brown, Office of Nuclear presiding officer designated by the Material Safety and Safeguards, U.S. ACTION: License amendment application; Commission or by the Chief Nuclear Regulatory Commission, Administrative Judge of the Atomic opportunity to request a hearing and to Washington, DC 20555–0001; telephone: petition for leave to intervene; order. Safety and Licensing Board Panel will 301–415–7677; email: David.Brown@ rule on the request and/or petition. The SUMMARY: The U.S. Nuclear Regulatory nrc.gov. Secretary or the Chief Administrative Commission (NRC) has received an SUPPLEMENTARY INFORMATION: Judge of the Atomic Safety and

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55651

Licensing Board will issue a notice of will set the time and place for any hearing or petition to intervene, and hearing or an appropriate order. prehearing conferences and evidentiary documents filed by interested As required by 10 CFR 2.309, a hearings, and the appropriate notices governmental entities participating petition for leave to intervene shall set will be provided. under 10 CFR 2.315(c), must be filed in forth, with particularity, the interest of Petitions for leave to intervene must accordance with the NRC’s E-Filing rule the petitioner in the proceeding and be filed no later than 60 days from the (72 FR 49139; August 28, 2007). The E- how that interest may be affected by the date of publication of this notice. Filing process requires participants to results of the proceeding. The petition Requests for hearing, petitions for leave submit and serve all adjudicatory must specifically explain the reasons to intervene, and motions for leave to documents over the internet, or in some why intervention should be permitted, file new or amended contentions that cases to mail copies on electronic with particular reference to the are filed after the 60-day deadline will storage media. Participants may not following general requirements: (1) The not be entertained absent a submit paper copies of their filings name, address, and telephone number of determination by the presiding officer unless they seek an exemption in the requestor or petitioner; (2) the that the filing demonstrates good cause accordance with the procedures nature of the requestor’s/petitioner’s by satisfying the three factors in 10 CFR described below. right under the Act to be made a party 2.309(c)(1)(i)–(iii). To comply with the procedural to the proceeding; (3) the nature and A State, local governmental body, requirements of E-Filing, at least 10 extent of the requestor’s/petitioner’s Federally-recognized Indian Tribe, or days prior to the filing deadline, the property, financial, or other interest in agency thereof, may submit a petition to participant should contact the Office of the proceeding; and (4) the possible the Commission to participate as a party the Secretary by email at effect of any decision or order which under 10 CFR 2.309(h)(1). The petition [email protected], or by telephone may be entered in the proceeding on the should state the nature and extent of the at 301–415–1677, to request (1) a digital requestor’s/petitioner’s interest. The petitioner’s interest in the proceeding. identification (ID) certificate, which petition must also include the specific The petition should be submitted to the allows the participant (or its counsel or contentions that the requestor/petitioner Commission by November 16, 2015. The representative) to digitally sign seeks to have litigated at the proceeding. petition must be filed in accordance documents and access the E-Submittal Each contention must consist of a with the filing instructions in the server for any proceeding in which it is specific statement of the issue of law or ‘‘Electronic Submission (E-Filing)’’ participating; and (2) advise the fact to be raised or controverted. In section of this document, and should Secretary that the participant will be addition, the requestor/petitioner shall meet the requirements for petitions for submitting a request or petition for provide a brief explanation of the bases leave to intervene set forth in this hearing (even in instances in which the for the contention and a concise section, except that under 10 CFR participant, or its counsel or statement of the alleged facts or expert 2.309(h)(2) a State, local governmental representative, already holds an NRC- opinion that support the contention and body, or Federally-recognized Indian issued digital ID certificate). Based upon on which the requestor/petitioner Tribe, or agency thereof does not need this information, the Secretary will intends to rely in proving the contention to address the standing requirements in establish an electronic docket for the at the hearing. The requestor/petitioner 10 CFR 2.309(d) if the facility is located hearing in this proceeding if the must also provide references to those within its boundaries. A State, local Secretary has not already established an specific sources and documents of governmental body, Federally- electronic docket. which the petitioner is aware and on recognized Indian Tribe, or agency Information about applying for a which the requestor/petitioner intends thereof may also have the opportunity to digital ID certificate is available on the to rely to establish those facts or expert participate under 10 CFR 2.315(c). NRC’s public Web site at http:// opinion. The petition must include If a hearing is granted, any person www.nrc.gov/site-help/e-submittals/ sufficient information to show that a who does not wish, or is not qualified, getting-started.html. System genuine dispute exists with the to become a party to the proceeding requirements for accessing the E- applicant on a material issue of law or may, in the discretion of the presiding Submittal server are detailed in the fact. Contentions shall be limited to officer, be permitted to make a limited NRC’s ‘‘Guidance for Electronic matters within the scope of the appearance pursuant to the provisions Submission,’’ which is available on the amendment under consideration. The of 10 CFR 2.315(a). A person making a agency’s public Web site at http:// contention must be one which, if limited appearance may make an oral or www.nrc.gov/site-help/e- proven, would entitle the requestor/ written statement of position on the submittals.html. Participants may petitioner to relief. A requestor/ issues, but may not otherwise attempt to use other software not listed petitioner who fails to satisfy these participate in the proceeding. A limited on the Web site, but should note that the requirements with respect to at least one appearance may be made at any session NRC’s E-Filing system does not support contention will not be permitted to of the hearing or at any prehearing unlisted software, and the NRC Meta participate as a party. conference, subject to the limits and System Help Desk will not be able to Those permitted to intervene become conditions as may be imposed by the offer assistance in using unlisted parties to the proceeding, subject to any presiding officer. Persons desiring to software. limitations in the order granting leave to make a limited appearance are If a participant is electronically intervene, and have the opportunity to requested to inform the Secretary of the submitting a document to the NRC in participate fully in the conduct of the Commission by November 16, 2015. accordance with the E-Filing rule, the hearing with respect to resolution of participant must file the document that person’s admitted contentions, III. Electronic Submissions (E-Filing) using the NRC’s online, Web-based including the opportunity to present All documents filed in NRC submission form. In order to serve evidence and to submit a cross- adjudicatory proceedings, including a documents through the Electronic examination plan for cross-examination request for hearing, a petition for leave Information Exchange System, users of witnesses, consistent with NRC to intervene, any motion or other will be required to install a Web regulations, policies, and procedures. document filed in the proceeding prior browser plug-in from the NRC’s Web The Atomic Safety and Licensing Board to the submission of a request for site. Further information on the Web-

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55652 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

based submission form, including the express mail, or expedited delivery admissible contention under 10 CFR installation of the Web browser plug-in, service to the Office of the Secretary, 2.309. Requests for access to SUNSI is available on the NRC’s public Web Sixteenth Floor, One White Flint North, submitted later than 10 days after site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, publication of this notice will not be submittals.html. Maryland 20852, Attention: Rulemaking considered absent a showing of good Once a participant has obtained a and Adjudications Staff. Participants cause for the late filing, addressing why digital ID certificate and a docket has filing a document in this manner are the request could not have been filed been created, the participant can then responsible for serving the document on earlier. submit a request for hearing or petition all other participants. Filing is C. The requester shall submit a letter for leave to intervene. Submissions considered complete by first-class mail requesting permission to access SUNSI should be in Portable Document Format as of the time of deposit in the mail, or to the Office of the Secretary, U.S. (PDF) in accordance with NRC guidance by courier, express mail, or expedited Nuclear Regulatory Commission, available on the NRC’s public Web site delivery service upon depositing the Washington, DC 20555–0001, Attention: at http://www.nrc.gov/site-help/e- document with the provider of the Rulemakings and Adjudications Staff, submittals.html. A filing is considered service. A presiding officer, having and provide a copy to the Associate complete at the time the documents are granted an exemption request from General Counsel for Hearings, submitted through the NRC’s E-Filing using E-Filing, may require a participant Enforcement and Administration, Office system. To be timely, an electronic or party to use E-Filing if the presiding of the General Counsel, Washington, DC filing must be submitted to the E-Filing officer subsequently determines that the 20555–0001. The expedited delivery or system no later than 11:59 p.m. Eastern reason for granting the exemption from courier mail address for both offices is: Time on the due date. Upon receipt of use of E-Filing no longer exists. U.S. Nuclear Regulatory Commission, a transmission, the E-Filing system Documents submitted in adjudicatory 11555 Rockville Pike, Rockville, time-stamps the document and sends proceedings will appear in the NRC’s Maryland 20852. The email address for the submitter an email notice electronic hearing docket which is the Office of the Secretary and the confirming receipt of the document. The available to the public at http:// Office of the General Counsel are E-Filing system also distributes an email ehd1.nrc.gov/ehd/, unless excluded [email protected] and notice that provides access to the pursuant to an order of the Commission, [email protected], respectively.1 document to the NRC’s Office of the or the presiding officer. Participants are The request must include the following General Counsel and any others who requested not to include personal information: have advised the Office of the Secretary privacy information, such as social (1) A description of the licensing that they wish to participate in the security numbers, home addresses, or action with a citation to this Federal proceeding, so that the filer need not home phone numbers in their filings, Register notice; serve the documents on those unless an NRC regulation or other law (2) The name and address of the participants separately. Therefore, requires submission of such potential party and a description of the applicants and other participants (or information. However, in some potential party’s particularized interest their counsel or representative) must instances, a request to intervene will that could be harmed by the action apply for and receive a digital ID require including information on local identified in C.(1); and certificate before a hearing request/ residence in order to demonstrate a (3) The identity of the individual or petition to intervene is filed so that they proximity assertion of interest in the entity requesting access to SUNSI and can obtain access to the document via proceeding. With respect to copyrighted the requester’s basis for the need for the the E-Filing system. works, except for limited excerpts that information in order to meaningfully A person filing electronically using serve the purpose of the adjudicatory participate in this adjudicatory the NRC’s adjudicatory E-Filing system filings and would constitute a Fair Use proceeding. In particular, the request may seek assistance by contacting the application, participants are requested must explain why publicly-available NRC Meta System Help Desk through not to include copyrighted materials in versions of the information requested the ‘‘Contact Us’’ link located on the their submission. would not be sufficient to provide the NRC’s public Web site at http:// basis and specificity for a proffered www.nrc.gov/site-help/e- Order Imposing Procedures for Access contention. submittals.html, by email to to Sensitive Unclassified Non- D. Based on an evaluation of the [email protected], or by a toll- Safeguards Information for Contention information submitted under paragraph free call at 1–866–672–7640. The NRC Preparation C.(3) the NRC staff will determine Meta System Help Desk is available within 10 days of receipt of the request between 8 a.m. and 8 p.m., Eastern Uranerz Energy Corporation, Docket No. 040–09067, Nichols Ranch In Situ whether: Time, Monday through Friday, (1) There is a reasonable basis to Recovery Project, Campbell and Johnson excluding Federal government holidays. believe the petitioner is likely to Counties, Wyoming Participants who believe that they establish standing to participate in this have a good cause for not submitting A. This Order contains instructions NRC proceeding; and documents electronically must file an regarding how potential parties to this (2) The requestor has established a exemption request, in accordance with proceeding may request access to legitimate need for access to SUNSI. 10 CFR 2.302(g), with their initial paper documents containing SUNSI. E. If the NRC staff determines that the filing requesting authorization to B. Within 10 days after publication of requestor satisfies both D.(1) and D.(2) continue to submit documents in paper this notice of hearing and opportunity to above, the NRC staff will notify the format. Such filings must be submitted petition for leave to intervene, any requestor in writing that access to by: (1) First class mail addressed to the potential party who believes access to Office of the Secretary of the SUNSI is necessary to respond to this 1 While a request for hearing or petition to Commission, U.S. Nuclear Regulatory notice may request such access. A intervene in this proceeding must comply with the filing requirements of the NRC’s ‘‘E-Filing Rule,’’ Commission, Washington, DC 20555– ‘‘potential party’’ is any person who the initial request to access SUNSI under these 0001, Attention: Rulemaking and intends to participate as a party by procedures should be submitted as described in this Adjudications Staff; or (2) courier, demonstrating standing and filing an paragraph.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55653

SUNSI has been granted. The written G. Review of Denials of Access. If challenges to the NRC staff notification will contain instructions on (1) If the request for access to SUNSI determinations are filed, these how the requestor may obtain copies of is denied by the NRC staff after a procedures give way to the normal the requested documents, and any other determination on standing and need for process for litigating disputes conditions that may apply to access to access, the NRC staff shall immediately concerning access to information. The those documents. These conditions may notify the requestor in writing, briefly availability of interlocutory review by include, but are not limited to, the stating the reason or reasons for the the Commission of orders ruling on signing of a Non-Disclosure Agreement denial. such NRC staff determinations (whether or Affidavit, or Protective Order 2 setting (2) The requester may challenge the granting or denying access) is governed forth terms and conditions to prevent by 10 CFR 2.311.3 the unauthorized or inadvertent NRC staff’s adverse determination by I. The Commission expects that the disclosure of SUNSI by each individual filing a challenge within 5 days of NRC staff and presiding officers (and who will be granted access to SUNSI. receipt of that determination with: (a) F. Filing of Contentions. Any The presiding officer designated in this any other reviewing officers) will contentions in these proceedings that proceeding; (b) if no presiding officer consider and resolve requests for access are based upon the information received has been appointed, the Chief to SUNSI, and motions for protective as a result of the request made for Administrative Judge, or if he or she is orders, in a timely fashion in order to SUNSI must be filed by the requestor no unavailable, another administrative minimize any unnecessary delays in later than 25 days after the requestor is judge, or an administrative law judge identifying those petitioners who have granted access to that information. with jurisdiction pursuant to 10 CFR standing and who have propounded However, if more than 25 days remain 2.318(a); or (c) officer if that officer has contentions meeting the specificity and between the date the petitioner is been designated to rule on information basis requirements in 10 CFR part 2. granted access to the information and access issues. Attachment 1 to this Order summarizes the deadline for filing all other H. Review of Grants of Access. A the general target schedule for contentions (as established in the notice party other than the requester may processing and resolving requests under of hearing or opportunity for hearing), challenge an NRC staff determination these procedures. the petitioner may file its SUNSI granting access to SUNSI whose release It is so ordered. contentions by that later deadline. This would harm that party’s interest Dated at Rockville, Maryland, this 8th day provision does not extend the time for independent of the proceeding. Such a of September, 2015. filing a request for a hearing and challenge must be filed with the Chief petition to intervene, which must Administrative Judge within 5 days of For the Nuclear Regulatory Commission. comply with the requirements of 10 CFR the notification by the NRC staff of its Richard J. Laufer, 2.309. grant of access. Acting, Secretary of the Commission.

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING

Day Event/Activity

0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in- structions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu- lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in- forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in- formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc- essing (preparation of redactions or review of redacted documents). 25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec- tive order.

2 Any motion for Protective Order or draft Non- yet been designated, within 30 days of the deadline staff determinations (because they must be served Disclosure Affidavit or Agreement for SUNSI must for the receipt of the written access request. on a presiding officer or the Commission, as be filed with the presiding officer or the Chief 3 Requesters should note that the filing applicable), but not to the initial SUNSI request Administrative Judge if the presiding officer has not requirements of the NRC’s E-Filing Rule (72 FR submitted to the NRC staff under these procedures. 49139; August 28, 2007) apply to appeals of NRC

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55654 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued

Day Event/Activity

A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.

[FR Doc. 2015–23184 Filed 9–15–15; 8:45 am] see ‘‘Obtaining Information and B. Submitting Comments BILLING CODE 7590–01–P Submitting Comments’’ in the Please include Docket ID NRC–2015– SUPPLEMENTARY INFORMATION section of 0211 in the subject line of your this document. comment submission, in order to ensure NUCLEAR REGULATORY that the NRC is able to make your COMMISSION FOR FURTHER INFORMATION CONTACT: Michael S. Jones, Office of New comment submission available to the [NRC–2015–0211] Reactors, U.S. Nuclear Regulatory public in this docket. Commission, Washington, DC 20555– The NRC cautions you not to include Instrumentation and Controls 0001; telephone: 301–415–0189, email: identifying or contact information that you do not want to be publicly AGENCY: [email protected]. Nuclear Regulatory disclosed in your comment submission. Commission. SUPPLEMENTARY INFORMATION: The NRC posts all comment ACTION: Standard review plan-draft submissions at http:// section revision; request for comment. I. Obtaining Information and Submitting Comments www.regulations.gov as well as entering the comment submissions into ADAMS. SUMMARY: The U.S. Nuclear Regulatory A. Obtaining Information Commission (NRC) is soliciting public The NRC does not routinely edit comment submissions to remove comments on proposed changes to the Please refer to Docket ID NRC–2015– ‘‘Standard Review Plan for the Review identifying or contact information. 0211 when contacting the NRC about If you are requesting or aggregating of Safety Analysis Reports for Nuclear the availability of information regarding comments from other persons for Power Plants: LWR Edition,’’ (NUREG– this document. You may obtain submission to the NRC, then you should 0800) for changes to 33 individual publicly-available information related to inform those persons not to include sections of Chapter 7, ‘‘Instrumentation this action by the following methods: identifying or contact information that and Controls,’’ as listed in the table in • Federal Rulemaking Web site: Go to they do not want to be publicly Section IV of this notice entitled, http://www.regulations.gov and search disclosed in their comment submission. Availability of Documents. for Docket ID NRC–2015–0211. Your request should state that the NRC DATES: Comments must be filed no later • NRC’s Agencywide Documents does not routinely edit comment than November 16, 2015. Comments submissions to remove such information Access and Management System received after this date will be before making the comment (ADAMS): You may obtain publicly- considered, if it is practical to do so, but submissions available to the public or available documents online in the the Commission is able to ensure entering the comment submissions into ADAMS Public Documents collection at consideration only for comments ADAMS. received on or before this date. http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select II. Further Information ADDRESSES: You may submit comments ‘‘ADAMS Public Documents’’ and then by any of the following methods (unless The NRC seeks public comment on select ‘‘Begin Web-based ADAMS this document describes a different the proposed draft revisions of Standard Search.’’ For problems with ADAMS, method for submitting comments on a Review Plan (SRP) sections of Chapter please contact the NRC’s Public specific subject): 7 listed above. These sections have been • Federal Rulemaking Web site: Go to Document Room (PDR) reference staff at developed to assist the NRC staff review http://www.regulations.gov and search 1–800–397–4209, 301–415–4737, or by the design of instrumentation and for Docket ID NRC–2015–0211. Address email to [email protected]. The controls and auxiliary systems under questions about NRC dockets to Carol ADAMS accession number for each parts 50 and 52 of Title 10 of the Code Gallagher; telephone: 301–415–3463; document referenced (if it available in of Federal Regulations (10 CFR). The email: [email protected]. For ADAMS) is provided the first time that revisions to these SRP sections reflect technical questions, contact the a document is referenced. In addition, no changes in staff position; rather they for the convenience of the reader, individual listed in the FOR FURTHER clarify the original intent of these SRP instructions about accessing materials INFORMATION CONTACT section of this sections using plain language document. referenced in this document are throughout in accordance with the • Mail comments to: Cindy Bladey, provided in the ‘‘Availability of NRC’s Plain Writing Action Plan. Office of Administration, Mail Stop: Documents’’ section. Additionally, these revisions reflect OWFN–12–H8, U.S. Nuclear Regulatory • NRC’s PDR: You may examine and operating experience, lessons learned, Commission, Washington, DC 20555– purchase copies of public documents at updates to NRC guidance, and address 0001. the NRC’s PDR, Room O1–F21, One the applicability of regulatory treatment For additional direction on accessing White Flint North, 11555 Rockville of non-safety systems, where information and submitting comments, Pike, Rockville, Maryland 20852. appropriate.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55655

Following the NRC staff’s evaluation issue finality provisions of 10 CFR part any issue finality provisions under 10 of public comments, the NRC intends to 52. CFR part 52. Neither the Backfit Rule finalize the proposed revisions of the 2. The NRC staff has no intention to nor the issue finality provisions under subject SRP Sections in ADAMS and impose the SRP positions on existing 10 CFR part 52—with certain post them on the NRC’s public Web site licensees either now or in the future. exclusions—were intended to apply to at http://www.nrc.gov/reading-rm/doc- The NRC staff does not intend to every NRC action that substantially collections/nuregs/staff/sr0800/. The impose or apply the positions described changes the expectations of current and SRP is guidance for the NRC staff. The in the draft SRP to existing licenses and future applicants. The exceptions to the SRP is not a substitute for the NRC regulatory approvals. Hence, the general principle are applicable regulations, and compliance with the issuance of a final SRP—even if whenever an applicant references a 10 SRP is not required. considered guidance within the purview CFR part 52 license (e.g., an early site of the issue finality provisions in 10 III. Backfitting and Issue Finality permit) and/or NRC regulatory approval CFR part 52—would not need to be (e.g., a design certification rule) with Issuance of these draft SRP sections, evaluated as if it were a backfit or as specified issue finality provisions. The if finalized, would not constitute being inconsistent with issue finality NRC staff does not, at this time, intend backfitting as defined in 10 CFR 50.109 provisions. If, in the future, the NRC to impose the positions represented in (the Backfit Rule) or otherwise be staff seeks to impose a position in the the draft SRP in a manner that is inconsistent with the issue finality SRP on holders of already issued inconsistent with any issue finality provisions in 10 CFR part 52. The NRC’s licenses in a manner that does not provisions. If, in the future, the staff position is based upon the following provide issue finality as described in the seeks to impose a position in the draft considerations: applicable issue finality provision, then SRP in a manner that does not provide 1. The draft SRP positions, if the staff must make the showing as set issue finality as described in the finalized, would not constitute forth in the Backfit Rule or address the applicable issue finality provision, then backfitting, inasmuch as the SRP is criteria for avoiding issue finality as the staff must address the criteria for internal guidance to NRC staff. described in the applicable issue finality avoiding issue finality as described in The SRP provides internal guidance provision. to the NRC staff on how to review an 3. Backfitting and issue finality do the applicable issue finality provision. application for NRC regulatory approval not—with limited exceptions not IV. Availability of Documents in the form of licensing. Changes in applicable here—protect current or internal staff guidance are not matters future applicants. The documents identified in Table 1 for which either nuclear power plant Applicants and potential applicants below are available to interested persons applicants or licensees are protected are not, with certain exceptions, through one or more of the following under either the Backfit Rule or the protected by either the Backfit Rule or methods, as indicated.

TABLE 1—STANDARD REVIEW PLAN (SRP) CHAPTER 7 SECTIONS BEING REVISED

Proposed revision SRP Section Current revision ADAMS ADAMS Redline ADAMS Accession No. Accession No. Accession No.

SRP 7.0, ‘‘Instrumentation and Controls—Overview of Re- Revision 6, ML100740146 ...... Revision 7, ML15159B042 ..... ML14303A149 view Process’’. SRP 7.1, ‘‘Instrumentation and Controls—Introduction’’ ...... Revision 5, ML070550076 ...... Revision 6, ML15159B068 ..... ML14303A153 Table 7–1, ‘‘Table 7–1 Regulatory Requirements, Accept- Revision 5, ML070460342 ...... Revision 6, ML15159B203 ..... ML14303A447 ance Criteria, and Guidelines for Instrumentation and Control Systems Important to Safety’’. SRP 7.2, ‘‘Reactor Trip System’’ ...... Revision 5, ML070550083 ...... Revision 6, ML15159B086 ..... ML14303A403 SRP 7.3, ‘‘Engineered Safety Features Systems’’ ...... Revision 5, ML070560004 ...... Revision 6, ML15159B099 ..... ML14303A408 SRP 7.4, ‘‘Safe Shutdown Systems’’ ...... Revision 5, ML070550085 ...... Revision 6, ML15159B122 ..... ML14303A411 SRP 7.5, ‘‘Information Systems Important to Safety’’ ...... Revision 5, ML070550086 ...... Revision 6, ML15159B138 ..... ML14303A413 SRP 7.6, ‘‘Interlock Systems Important to Safety’’ ...... Revision 5, ML070460348 ...... Revision 6, ML15159B156 ..... ML14303A416 SRP 7.7, ‘‘Control Systems’’ ...... Revision 5, ML070670042 ...... Revision 6, ML15159B161 ..... ML14303A428 SRP 7.8, ‘‘Diverse Instrumentation and Control Systems’’ ... Revision 5, ML070650035 ...... Revision 6, ML15159B171 ..... ML14303A432 SRP 7.9, ‘‘Data Communication Systems’’ ...... Revision 5, ML070650036 ...... Revision 6, ML15159B177 ..... ML14303A435 App. 7.0–A, ‘‘Review Process for Digital Instrumentation Revision 5, ML070660258 ...... Revision 6, ML15159A199 ..... ML14302A297 and Control Systems’’. App. 7.1–A, ‘‘Acceptance Criteria and Guidelines for Instru- Revision 5, ML070660170 ...... Revision 6, ML15159A207 ..... ML14302A299 mentation and Controls Systems Important to Safety’’. App. 7.1–B, ‘‘Guidance for Evaluation of Conformance to Revision 5, ML070550087 ...... Revision 6, ML15159A226 ..... ML14302A300 IEEE Std 279’’. App. 7.1–C, ‘‘Guidance for Evaluation of Conformance to Revision 5, ML070550088 ...... Revision 6, ML15159A337 ..... ML14302A303 IEEE Std 603’’. App. 7.1–D, ‘‘Guidance for Evaluation of the Application of Initial Issuance, ML070660327 Revision 1, ML15159A491 ..... ML14302A309 IEEE Std 7–4.3.2’’. BTP 7–1, ‘‘Guidance on Isolation of Low-Pressure Systems Revision 5, ML070460345 ...... Revision 6, ML15159A540 ..... ML14302A385 from the High-Pressure Reactor Coolant System’’. BTP 7–2, ‘‘Guidance on Requirements of Motor-Operated Revision 5, ML070550090 ...... Revision 6, ML15159A592 ..... ML14302A459 Valves in the Emergency Core Cooling System Accumu- lator Lines’’. BTP 7–3, ‘‘Guidance on Protection System Trip Point Revision 5, ML070550091 ...... Revision 6, ML15159A638 ..... ML14303A079 Changes for Operation with Reactor Coolant Pumps Out of Service’’.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55656 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

TABLE 1—STANDARD REVIEW PLAN (SRP) CHAPTER 7 SECTIONS BEING REVISED—Continued

Proposed revision SRP Section Current revision ADAMS ADAMS Redline ADAMS Accession No. Accession No. Accession No.

BTP 7–4, ‘‘Guidance on Design Criteria for Auxiliary Revision 5, ML070550093 ...... Revision 6, ML15159A672 ..... ML14303A088 Feedwater Systems’’. BTP 7–5, ‘‘Guidance on Spurious Withdrawals of Single Revision 5, ML070550094 ...... Revision 6, ML15159A681 ..... ML14303A109 Control Rods in Pressurized Water Reactors’’. BTP 7–6, ‘‘Guidance on Design of Instrumentation and Revision 5, ML070550095 ...... Revision 6, ML15209A319 ..... ML15209A455 Controls Provided to Accomplish Changeover from Injec- tion to Recirculation Mode’’. BTP 7–8, ‘‘Guidance for Application of Regulatory Guide Revision 5, ML070550096 ...... Revision 6, ML15159A699 ..... ML14303A143 1.22’’. BTP 7–9, ‘‘Guidance on Requirements for Reactor Protec- Revision 5, ML070550084 ...... Revision 6, ML15209A459 ..... ML15209A571 tion System Anticipatory Trips’’. BTP 7–10, ‘‘Guidance on Application of Regulatory Guide Revision 5, ML070550082 ...... Revision 6, ML15159A726 ..... ML14302A397 1.97’’. BTP 7–11, ‘‘Guidance on Application and Qualification of Revision 5, ML070550080 ...... Revision 6, ML15159A769 ..... ML14302A401 Isolation Devices’’. BTP 7–12, ‘‘Guidance on Establishing and Maintaining In- Revision 5, ML070550078 ...... Revision 6, ML15159A799 ..... ML14302A404 strument Setpoints’’. BTP 7–13, ‘‘Guidance on Cross-Calibration of Protection Revision 5, ML070550077 ...... Revision 6, ML15159A809 ..... ML14302A410 System Resistance Temperature Detectors’’. BTP 7–14, ‘‘Guidance on Software Reviews for Digital Revision 5, ML070670183 ...... Revision 6, ML15159A946 ..... ML14302A467 Computer-Based Instrumentation and Control Systems’’. BTP 7–17, ‘‘Guidance on Self-Test and Surveillance Test Revision 5, ML070550075 ...... Revision 6, ML15159A959 ..... ML14302A477 Provisions’’. BTP 7–18, ‘‘Guidance on the Use of Programmable Logic Revision 5, ML070550073 ...... Revision 6, ML15159A982 ..... ML14302A488 Controllers in Digital Computer-Based Instrumentation and Control Systems’’. BTP 7–19, ‘‘Guidance for Evaluation of Diversity and De- Revision 6, ML110550791 ...... Revision 7, ML15159A996 ..... ML14302A495 fense-in-Depth in Digital Computer-Based Instrumentation and Control Systems’’. BTP 7–21, ‘‘Guidance on Digital Computer Real-Time Per- Revision 5, ML070550070 ...... Revision 6, ML15159B011 ..... ML14303A112 formance’’.

The NRC may post materials related NUCLEAR REGULATORY DATES: Comments must be filed by to these documents, including public COMMISSION October 16, 2015. A request for a hearing must be filed by October 6, comments, on the Federal rulemaking [Docket No. 50–440; NRC–2015–0212] Web site at http://www.regulations.gov 2015. Any potential party as defined in under Docket ID NRC–2015–0211. The Perry Nuclear Power Plant, Unit 1; § 2.4 of Title 10 of the Code of Federal Federal rulemaking Web site allows you Consideration of Approval of Transfer Regulations (10 CFR), who believes to receive alerts when changes or of License and Conforming access to SUNSI is necessary to respond additions occur in a docket folder. To Amendment to this notice must request document subscribe: (1) Navigate to the docket access by September 28, 2015. AGENCY: Nuclear Regulatory folder (NRC–2015–0211); (2) click the ADDRESSES: You may submit comments Commission. ‘‘Sign up for Email Alerts’’ link; and (3) by any of the following methods (unless ACTION: Application for direct transfer of enter your email address and select how this document describes a different license; opportunity to comment, frequently you would like to receive method for submitting comments on a request a hearing, and petition for leave emails (daily, weekly, or monthly). specific subject): to intervene; order. • Federal Rulemaking Web site: Go to Dated at Rockville, Maryland, this 3rd day http://www.regulations.gov and search of September, 2015. SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is for Docket ID NRC–2015–0212. Address For the Nuclear Regulatory Commission. considering approval of an application questions about NRC dockets to Carol Kimyata Morgan Butler, filed by FirstEnergy Nuclear Operating Gallagher; telephone: 301–415–3463; Acting Chief, New Reactor Rulemaking and Company (FENOC) on June 30, 2015. email: [email protected]. For Guidance Branch, Division of Advanced The application seeks NRC approval of technical questions contact the Reactors and Rulemaking, Office of New the direct transfer of the leased interests individual listed in the FOR FURTHER Reactors. in NPF–58 for Perry Nuclear Power INFORMATION CONTACT section of this [FR Doc. 2015–23185 Filed 9–15–15; 8:45 am] Plant, Unit 1, from the current holder, document. BILLING CODE 7590–01–P the Ohio Edison Company (OE), to • Email comments to: FirstEnergy Nuclear Generation, LLC [email protected]. If you do not (FENGen). The NRC is also considering receive an automatic email reply amending the facility operating license confirming receipt, then contact us at for administrative purposes to reflect 301–415–1677. the proposed transfer. The application • Fax comments to: Secretary, U.S. contains sensitive unclassified non- Nuclear Regulatory Commission at 301– safeguards information (SUNSI). 415–1101.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55657

• Mail comments to: Secretary, U.S. you do not want to be publicly to reflect the transfer action involves no Nuclear Regulatory Commission, disclosed in your comment submission. significant hazards consideration. No Washington, DC 20555–0001, ATTN: The NRC will post all comment contrary determination has been made Rulemakings and Adjudications Staff. submissions at http:// with respect to this specific license • Hand deliver comments to: 11555 www.regulations.gov as well as enter the amendment application. In light of the Rockville Pike, Rockville, Maryland comment submissions into ADAMS. generic determination reflected in 10 20852, between 7:30 a.m. and 4:15 p.m. The NRC does not routinely edit CFR 2.1315, no public comments with (Eastern Time) Federal workdays; comment submissions to remove respect to significant hazards telephone: 301–415–1677. identifying or contact information. considerations are being solicited, For additional direction on obtaining If you are requesting or aggregating notwithstanding the general comment information and submitting comments, comments from other persons for procedures contained in 10 CFR 50.91. see ‘‘Obtaining Information and submission to the NRC, then you should III. Opportunity to Comment Submitting Comments’’ in the inform those persons not to include SUPPLEMENTARY INFORMATION section of identifying or contact information that Within 30 days from the date of this document. they do not want to be publicly publication of this notice, persons may FOR FURTHER INFORMATION CONTACT: disclosed in their comment submission. submit written comments regarding the Kimberly Green, Office of Nuclear Your request should state that the NRC license transfer application, as provided Reactor Regulation, telephone: 301– does not routinely edit comment for in 10 CFR 2.1305. The Commission 415–1627, email: Kimberly.Green@ submissions to remove such information will consider and, if appropriate, nrc.gov; U.S. Nuclear Regulatory before making the comment respond to these comments, but such Commission, Washington DC 20555– submissions available to the public or comments will not otherwise constitute 0001. entering the comment into ADAMS. part of the decisional record. Comments should be submitted as described in the SUPPLEMENTARY INFORMATION: II. Introduction ADDRESSES section of this document. The NRC is considering the issuance I. Obtaining Information and IV. Opportunity To Request a Hearing of an order under 10 CFR 50.80 Submitting Comments and Petition for Leave To Intervene approving the direct transfer of Perry A. Obtaining Information Nuclear Power Plant, Unit 1, NPF–58, to Within 20 days from the date of Please refer to Docket ID NRC–2015– the extent currently held by OE. The publication of this notice, any person(s) 0212 when contacting the NRC about transfer would be to FENGen. The NRC whose interest may be affected by the the availability of information for this is also considering amending the facility Commission’s action on the application action. You may obtain publicly- operating license for administrative may request a hearing and intervention available information related to this purposes to reflect the proposed via electronic submission through the action by any of the following methods: transfer. NRC’s E-filing system. Requests for a • Federal rulemaking Web site: Go to Following approval of the proposed hearing and petitions for leave to http://www.regulations.gov and search direct transfer of control of the license, intervene should be filed in accordance for Docket ID NRC–2015–0212. FENGen would acquire 12.58 percent of with the Commission’s rules of practice • NRC’s Agencywide Documents OE’s ownership interest in the facility. set forth in Subpart C ‘‘Rules of General Access and Management System No physical changes to the Perry Applicability: Hearing Requests, (ADAMS): You may obtain publicly- Nuclear Power Plant, Unit 1, or Petitions to Intervene, Availability of available documents online in the operational changes are being proposed Documents, Selection of Specific ADAMS Public Documents collection at in the application. Hearing Procedures, Presiding Officer http://www.nrc.gov/reading-rm/ The NRC’s regulations at 10 CFR Powers, and General Hearing adams.html. To begin the search, select 50.80 state that no license, or any right Management for NRC Adjudicatory ‘‘ADAMS Public Documents’’ and then thereunder, shall be transferred, directly Hearings,’’ of 10 CFR part 2. In select ‘‘Begin Web-based ADAMS or indirectly, through transfer of control particular, such requests and petitions Search.’’ For problems with ADAMS, of the license, unless the Commission must comply with the requirements set please contact the NRC’s Public gives its consent in writing. The forth in 10 CFR 2.309, which is Document Room (PDR) reference staff at Commission will approve an available at the NRC’s PDR, located at 1–800–397–4209, 301–415–4737, or by application for the direct transfer of a O1F21, 11555 Rockville Pike (first email to [email protected]. The license if the Commission determines floor), Rockville, Maryland 20852. The Application for Order Consenting to that the proposed transferee is qualified NRC regulations are accessible Transfer of Licenses and Approving to hold the license, and that the transfer electronically from the NRC Library on Conforming License Amendments is is otherwise consistent with applicable the NRC’s public Web site at http:// available in ADAMS under Accession provisions of law, regulations, and www.nrc.gov/reading-rm/doc- No. ML15181A366. orders issued by the Commission. collections/cfr/. • NRC’s PDR: You may examine and Before issuance of the proposed As required by 10 CFR 2.309, a purchase copies of public documents at conforming license amendment, the request for hearing or petition for leave the NRC’s PDR, Room O1–F21, One Commission will have made findings to intervene must set forth with White Flint North, 11555 Rockville required by the Atomic Energy Act of particularity the interest of the Pike, Rockville, Maryland 20852. 1954, as amended (the Act), and the petitioner in the proceeding and how Commission’s regulations. that interest may be affected by the B. Submitting Comments As provided in 10 CFR 2.1315, unless results of the proceeding. The hearing Please include Docket ID NRC–2015– otherwise determined by the request or petition must specifically 0212, facility name, unit number, Commission with regard to a specific explain the reasons why intervention application date, and subject in your application, the Commission has should be permitted, with particular comment submission. determined that any amendment to the reference to the following general The NRC cautions you not to include license of a utilization facility, which requirements: (1) The name, address, identifying or contact information that does no more than conform the license and telephone number of the requestor

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55658 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

or petitioner; (2) the nature of the will set the time and place for any (72 FR 49139; August 28, 2007). The E- requestor’s/petitioner’s right under the prehearing conferences and evidentiary Filing process requires participants to Act to be made a party to the hearings, and the appropriate notices submit and serve all adjudicatory proceeding; (3) the nature and extent of will be provided. documents over the internet, or in some the requestor’s/petitioner’s property, Requests for hearing, petitions for cases to mail copies on electronic financial, or other interest in the leave to intervene, and motions for leave storage media. Participants may not proceeding; and (4) the possible effect of to file contentions after the deadline in submit paper copies of their filings any decision or order which may be 10 CFR 2.309(b) will not be entertained unless they seek an exemption in entered in the proceeding on the absent a determination by the presiding accordance with the procedures requestor’s/petitioner’s interest. The officer that the new or amended filing described below. hearing request or petition must also demonstrates good cause by satisfying To comply with the procedural include the specific contentions that the the three factors in 10 CFR 2.309(c)(1). requirements of E-Filing, at least 10 requestor/petitioner seeks to have A State, local governmental body, days prior to the filing deadline, the litigated at the proceeding. Federally-recognized Indian Tribe, or participant should contact the Office of For each contention, the requestor/ agency thereof may submit a petition to the Secretary by email at petitioner must provide a specific the Commission to participate as a party [email protected], or by telephone statement of the issue of law or fact to under 10 CFR 2.309(h)(1). The petition at 301–415–1677, to request (1) a digital be raised or controverted, as well as a should state the nature and extent of the identification (ID) certificate, which brief explanation of the basis for the petitioner’s interest in the proceeding. allows the participant (or its counsel or contention. Additionally, the requestor/ The petition should be submitted to the representative) to digitally sign petitioner must demonstrate that the Commission by October 6, 2015. The documents and access the E-Submittal issue raised by each contention is petition must be filed in accordance server for any proceeding in which it is within the scope of the proceeding and with the filing instructions in Section IV participating; and (2) advise the is material to the findings that the NRC of this document, and should meet the Secretary that the participant will be must make to support the granting of a requirements for petitions for leave to submitting a request or petition for license amendment in response to the intervene set forth in this section, hearing (even in instances in which the application. The hearing request or except that under § 2.309(h)(2) a State, participant, or its counsel or petition must also include a concise local governmental body, or Federally- representative, already holds an NRC- statement of the alleged facts or expert recognized Indian Tribe, or agency issued digital ID certificate). Based upon opinion that support the contention and thereof does not need to address the this information, the Secretary will on which the requestor/petitioner standing requirements in 10 CFR establish an electronic docket for the intends to rely at the hearing, together 2.309(d) if the facility is located within hearing in this proceeding if the with references to those specific sources its boundaries. A State, local Secretary has not already established an and documents. The hearing request or governmental body, Federally- electronic docket. petition must provide sufficient recognized Indian Tribe, or agency Information about applying for a information to show that a genuine thereof may also have the opportunity to digital ID certificate is available on the dispute exists with the applicant on a participate under 10 CFR 2.315(c). NRC’s public Web site at http:// material issue of law or fact, including If a hearing is granted, any person www.nrc.gov/site-help/e-submittals/ references to specific portions of the who does not wish, or is not qualified, getting-started.html. System application for amendment that the to become a party to the proceeding requirements for accessing the E- petitioner disputes and the supporting may, in the discretion of the presiding Submittal server are detailed in the reasons for each dispute. If the officer, be permitted to make a limited NRC’s ‘‘Guidance for Electronic requestor/petitioner believes that the appearance pursuant to the provisions Submission,’’ which is available on the application for amendment fails to of 10 CFR 2.315(a). A person making a agency’s public Web site at http:// contain information on a relevant matter limited appearance may make an oral or www.nrc.gov/site-help/e- as required by law, the requestor/ written statement of position on the submittals.html. Participants may petitioner must identify each failure and issues, but may not otherwise attempt to use other software not listed the supporting reasons for the participate in the proceeding. A limited on the Web site, but should note that the requestor’s/petitioner’s belief. Each appearance may be made at any session NRC’s E-Filing system does not support contention must be one which, if of the hearing or at any prehearing unlisted software, and the NRC Meta proven, would entitle the requestor/ conference, subject to the limits and System Help Desk will not be able to petitioner to relief. A requestor/ conditions as may be imposed by the offer assistance in using unlisted petitioner who does not satisfy these presiding officer. Persons desiring to software. requirements for at least one contention make a limited appearance are If a participant is electronically will not be permitted to participate as a requested to inform the Secretary of the submitting a document to the NRC in party. Commission by November 16, 2015. accordance with the E-Filing rule, the Those permitted to intervene become participant must file the document parties to the proceeding, subject to any V. Electronic Submissions (E-Filing) using the NRC’s online, Web-based limitations in the order granting leave to All documents filed in NRC submission form. In order to serve intervene, and have the opportunity to adjudicatory proceedings, including a documents through the Electronic participate fully in the conduct of the request for hearing, a petition for leave Information Exchange System, users hearing with respect to resolution of to intervene, any motion or other will be required to install a Web that person’s admitted contentions, document filed in the proceeding prior browser plug-in from the NRC’s Web including the opportunity to present to the submission of a request for site. Further information on the Web- evidence and to submit a cross- hearing or petition to intervene, and based submission form, including the examination plan for cross-examination documents filed by interested installation of the Web browser plug-in, of witnesses, consistent with NRC governmental entities participating is available on the NRC’s public Web regulations, policies, and procedures. under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e- The Atomic Safety and Licensing Board accordance with the NRC’s E-Filing rule submittals.html.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55659

Once a participant has obtained a and Adjudications Staff. Participants intends to participate as a party by digital ID certificate and a docket has filing a document in this manner are demonstrating standing and filing an been created, the participant can then responsible for serving the document on admissible contention under 10 CFR submit a request for hearing or petition all other participants. Filing is 2.309. Requests for access to SUNSI for leave to intervene. Submissions considered complete by first-class mail submitted later than 10 days after should be in Portable Document Format as of the time of deposit in the mail, or publication of this notice will not be (PDF) in accordance with NRC guidance by courier, express mail, or expedited considered absent a showing of good available on the NRC’s public Web site delivery service upon depositing the cause for the late filing, addressing why at http://www.nrc.gov/site-help/e- document with the provider of the the request could not have been filed submittals.html. A filing is considered service. A presiding officer, having earlier. complete at the time the documents are granted an exemption request from C. The requester shall submit a letter submitted through the NRC’s E-Filing using E-Filing, may require a participant requesting permission to access SUNSI system. To be timely, an electronic or party to use E-Filing if the presiding to the Office of the Secretary, U.S. filing must be submitted to the E-Filing officer subsequently determines that the Nuclear Regulatory Commission, system no later than 11:59 p.m. Eastern reason for granting the exemption from Washington, DC 20555–0001, Attention: Time on the due date. Upon receipt of use of E-Filing no longer exists. Rulemakings and Adjudications Staff, a transmission, the E-Filing system Documents submitted in adjudicatory and provide a copy to the Associate time-stamps the document and sends proceedings will appear in the NRC’s General Counsel for Hearings, the submitter an email notice electronic hearing docket which is Enforcement and Administration, Office confirming receipt of the document. The available to the public at http:// of the General Counsel, Washington, DC E-Filing system also distributes an email ehd1.nrc.gov/ehd/, unless excluded 20555–0001. The expedited delivery or notice that provides access to the pursuant to an order of the Commission, courier mail address for both offices is: document to the NRC’s Office of the or the presiding officer. Participants are U.S. Nuclear Regulatory Commission, General Counsel and any others who requested not to include personal 11555 Rockville Pike, Rockville, have advised the Office of the Secretary privacy information, such as social Maryland 20852. The email address for that they wish to participate in the security numbers, home addresses, or the Office of the Secretary and the proceeding, so that the filer need not home phone numbers in their filings, Office of the General Counsel are serve the documents on those unless an NRC regulation or other law [email protected] and participants separately. Therefore, requires submission of such [email protected], respectively.1 applicants and other participants (or information. However, in some The request must include the following their counsel or representative) must instances, a request to intervene will information: apply for and receive a digital ID require including information on local (1) A description of the licensing certificate before a hearing request/ residence in order to demonstrate a action with a citation to this Federal petition to intervene is filed so that they proximity assertion of interest in the Register notice; can obtain access to the document via proceeding. With respect to copyrighted (2) The name and address of the the E-Filing system. works, except for limited excerpts that potential party and a description of the A person filing electronically using serve the purpose of the adjudicatory potential party’s particularized interest the NRC’s adjudicatory E-Filing system filings and would constitute a Fair Use that could be harmed by the action may seek assistance by contacting the application, participants are requested identified in C.(1); and NRC Meta System Help Desk through not to include copyrighted materials in (3) The identity of the individual or the ‘‘Contact Us’’ link located on the their submission. entity requesting access to SUNSI and NRC’s public Web site at http:// The Commission will issue a notice or the requester’s basis for the need for the www.nrc.gov/site-help/e- order granting or denying a hearing information in order to meaningfully submittals.html, by email to request or intervention petition, participate in this adjudicatory [email protected], or by a toll- designating the issues for any hearing proceeding. In particular, the request free call at 1–866–672–7640. The NRC that will be held and designating the must explain why publicly-available Meta System Help Desk is available Presiding Officer. A notice granting a versions of the information requested between 8 a.m. and 8 p.m., Eastern hearing will be published in the Federal would not be sufficient to provide the Time, Monday through Friday, Register and served on the parties to the basis and specificity for a proffered excluding government holidays. hearing. contention. Participants who believe that they For further details with respect to this D. Based on an evaluation of the have a good cause for not submitting application, see the application dated information submitted under paragraph documents electronically must file an June 30, 2015. C.(3) the NRC staff will determine exemption request, in accordance with within 10 days of receipt of the request Order Imposing Procedures for Access 10 CFR 2.302(g), with their initial paper whether: to Sensitive Unclassified Non- filing requesting authorization to (1) There is a reasonable basis to Safeguards Information for Contention continue to submit documents in paper believe the petitioner is likely to Preparation format. Such filings must be submitted establish standing to participate in this by: (1) First class mail addressed to the A. This Order contains instructions NRC proceeding; and Office of the Secretary of the regarding how potential parties to this (2) The requestor has established a Commission, U.S. Nuclear Regulatory proceeding may request access to legitimate need for access to SUNSI. Commission, Washington, DC 20555– documents containing SUNSI. E. If the NRC staff determines that the 0001, Attention: Rulemaking and B. Within 10 days after publication of requestor satisfies both D.(1) and D.(2) Adjudications Staff; or (2) courier, this notice of hearing and opportunity to express mail, or expedited delivery petition for leave to intervene, any 1 While a request for hearing or petition to service to the Office of the Secretary, potential party who believes access to intervene in this proceeding must comply with the filing requirements of the NRC’s ‘‘E-Filing Rule,’’ Sixteenth Floor, One White Flint North, SUNSI is necessary to respond to this the initial request to access SUNSI under these 11555 Rockville Pike, Rockville, notice may request such access. A procedures should be submitted as described in this Maryland 20852, Attention: Rulemaking ‘‘potential party’’ is any person who paragraph.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55660 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

above, the NRC staff will notify the comply with the requirements of 10 CFR If challenges to the NRC staff requestor in writing that access to 2.309. determinations are filed, these SUNSI has been granted. The written G. Review of Denials of Access. procedures give way to the normal notification will contain instructions on (1) If the request for access to SUNSI process for litigating disputes how the requestor may obtain copies of is denied by the NRC staff after a concerning access to information. The the requested documents, and any other determination on standing and need for availability of interlocutory review by conditions that may apply to access to access, the NRC staff shall immediately the Commission of orders ruling on notify the requestor in writing, briefly those documents. These conditions may such NRC staff determinations (whether include, but are not limited to, the stating the reason or reasons for the denial. granting or denying access) is governed signing of a Non-Disclosure Agreement by 10 CFR 2.311.3 or Affidavit, or Protective Order 2 setting (2) The requester may challenge the forth terms and conditions to prevent NRC staff’s adverse determination by I. The Commission expects that the filing a challenge within 5 days of the unauthorized or inadvertent NRC staff and presiding officers (and receipt of that determination with: (a) disclosure of SUNSI by each individual any other reviewing officers) will The presiding officer designated in this who will be granted access to SUNSI. consider and resolve requests for access proceeding; (b) if no presiding officer to SUNSI, and motions for protective F. Filing of Contentions. Any has been appointed, the Chief orders, in a timely fashion in order to contentions in these proceedings that Administrative Judge, or if he or she is minimize any unnecessary delays in are based upon the information received unavailable, another administrative identifying those petitioners who have as a result of the request made for judge, or an administrative law judge standing and who have propounded SUNSI must be filed by the requestor no with jurisdiction pursuant to 10 CFR contentions meeting the specificity and later than 25 days after the requestor is 2.318(a); or (c) officer if that officer has basis requirements in 10 CFR part 2. granted access to that information. been designated to rule on information However, if more than 25 days remain access issues. Attachment 1 to this Order summarizes between the date the petitioner is H. Review of Grants of Access. A the general target schedule for granted access to the information and party other than the requester may processing and resolving requests under the deadline for filing all other challenge an NRC staff determination these procedures. contentions (as established in the notice granting access to SUNSI whose release It is so ordered. of hearing or opportunity for hearing), would harm that party’s interest Dated at Rockville, Maryland, this 8th day the petitioner may file its SUNSI independent of the proceeding. Such a of September, 2015. contentions by that later deadline. This challenge must be filed with the Chief provision does not extend the time for Administrative Judge within 5 days of For the Nuclear Regulatory Commission. filing a request for a hearing and the notification by the NRC staff of its Richard J. Laufer, Acting, petition to intervene, which must grant of access. Secretary of the Commission.

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING

Day Event/activity

0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in- structions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu- lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in- forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in- formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc- essing (preparation of redactions or review of redacted documents). 25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec- tive order.

2 Any motion for Protective Order or draft Non- yet been designated, within 30 days of the deadline staff determinations (because they must be served Disclosure Affidavit or Agreement for SUNSI must for the receipt of the written access request. on a presiding officer or the Commission, as be filed with the presiding officer or the Chief 3 Requesters should note that the filing applicable), but not to the initial SUNSI request Administrative Judge if the presiding officer has not requirements of the NRC’s E-Filing Rule (72 FR submitted to the NRC staff under these procedures. 49139; August 28, 2007) apply to appeals of NRC

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55661

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued

Day Event/activity

A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.

[FR Doc. 2015–23183 Filed 9–15–15; 8:45 am] SECURITIES AND EXCHANGE comments it received on the proposed BILLING CODE 7590–01–P COMMISSION rule change. The text of those statements may be examined at the [Release No. 34–75876; File No. SR– places specified in Item IV below. The NASDAQ–2015–105] Exchange has prepared summaries, set POSTAL SERVICE Self-Regulatory Organizations; The forth in sections A, B, and C below, of NASDAQ Stock Market LLC; Notice of the most significant parts of such Temporary Emergency Committee of Filing and Immediate Effectiveness of statements. the Board of Governors; Sunshine Act Proposed Rule Change To Amend A. Self-Regulatory Organization’s Meeting Nasdaq Rules 7014 and 7018, Statement of the Purpose of, and Pertaining to Credits, Rebates, and Fee Statutory Basis for, the Proposed Rule DATES AND TIMES: September 17, 2015, Caps Change at 11:45 a.m. September 10, 2015. 1. Purpose PLACE: Washington, DC. Pursuant to Section 19(b)(1) of the Nasdaq is proposing to amend Rule STATUS: Closed. Securities Exchange Act of 1934 (the 7014 to increase a rebate it provides ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 under the NBBO Program. Currently, the MATTERS TO BE CONSIDERED: notice is hereby given that, on Exchange provides a rebate per share Thursday, September 17, 2015, at 11:45 September 1, 2015, The NASDAQ Stock executed with respect to all other a.m. Market LLC (‘‘Nasdaq’’ or the displayed orders (other than Designated ‘‘Exchange’’) filed with the Securities Retail Orders, as defined in Rule 7018) 1. Strategic Issues. and Exchange Commission in securities priced at $1 or more per (‘‘Commission’’) a proposed rule change 2. Personnel and Compensation Matters. share that provide liquidity and as described in Items I, II, and III below, establish the NBBO. The rebate is in 3. Financial Matters. which Items have been prepared by the addition to any rebate or credit payable 4. Pricing. Exchange. The Commission is under Rule 7018(a) and the ISP and 5. Governors’ Executive Session— publishing this notice to solicit QMM Program under Rule 7014. To comments on the proposed rule change Discussion of prior agenda items qualify for a $0.0004 per share executed from interested persons. and Board governance. rebate in New York Stock Exchange I. Self-Regulatory Organization’s (‘‘NYSE’’)-listed securities (‘‘Tape A’’) or GENERAL COUNSEL CERTIFICATION: The Statement of the Terms of Substance of a $0.0002 per share executed rebate in General Counsel of the United States the Proposed Rule Change Nasdaq-listed securities (‘‘Tape C’’) and Postal Service has certified that the in securities listed on exchanges other meeting may be closed under the Nasdaq is proposing to amend Nasdaq than Nasdaq and NYSE (‘‘Tape B’’) Government in the Sunshine Act. Rule 7014, concerning the Exchange’s (collectively, the ‘‘Tapes’’), a member Market Quality Incentive Programs, and firm must either (1) execute shares of CONTACT PERSON FOR MORE INFORMATION: Nasdaq Rule 7018, governing fees and liquidity provided in all securities Requests for information about the credits assessed for execution and through one or more of its Nasdaq meeting should be addressed to the routing of securities. Market Center MPIDs that represents Secretary of the Board, Julie S. Moore, The text of the proposed rule change 0.5% or more of Consolidated Volume 3 at 202–268–4800. is available at nasdaq.cchwallstreet.com during the month, or (2) add NOM at Nasdaq principal office, and at the Julie S. Moore, Market Maker liquidity, as defined in Commission’s Public Reference Room. Chapter XV, Section 2 of the Nasdaq Secretary, Board of Governors. [FR Doc. 2015–23313 Filed 9–14–15; 11:15 am] II. Self-Regulatory Organization’s Statement of the Purpose of, and 3 Consolidated Volume is defined as the total BILLING CODE 7710–12–P consolidated volume reported to all consolidated Statutory Basis for, the Proposed Rule transaction reporting plans by all exchanges and Change trade reporting facilities during a month in equity securities, excluding executed orders with a size of In its filing with the Commission, less than one round lot. For purposes of calculating Nasdaq included statements concerning Consolidated Volume and the extent of a member’s the purpose of, and basis for, the trading activity, expressed as a percentage of or proposed rule change and discussed any ratio to Consolidated Volume, the date of the annual reconstitution of the Russell Investments Indexes shall be excluded from both total 1 15 U.S.C. 78s(b)(1). Consolidated Volume and the member’s trading 2 17 CFR 240.19b–4. activity. See Rule 7018(a).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55662 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Options Market rules, in Penny Pilot Options 8 of 1.40% or more of national in Penny Pilot Options and/or Non- Options and/or Non-Penny Pilot customer volume in multiply-listed Penny Pilot Options of 1.40% or more Options above 0.90% of total industry equity and ETF options classes in a of national customer volume in customer equity and ETF option ADV month as pursuant to Chapter XV, multiply-listed equity and ETF options contracts per day in a month. The Section 2 of the Nasdaq Options Market classes in a month as pursuant to Exchange is proposing to increase the (‘‘NOM’’) rules or adds 8 million shares Chapter XV, Section 2 of the Nasdaq rebate available in Tape B securities of non-displayed liquidity (excluding Options Market rules. As a consequence from $0.0002 per share executed to RPI Orders). The Exchange provides this of the two proposed changes to these $0.0004 per share executed. credit in Tape C securities under Rule credits, a member firm that would have Nasdaq also proposes to amend Rule 7018(a)(1), in Tape A securities under qualified for the $0.0033 per share 7018 to add a new credit tier for certain Rule 7018(a)(2) and in Tape B securities executed credit will now instead qualify displayed quotes and orders, modify under Rule 7018(a)(3). The Exchange is for a higher per share executed credit. qualification criteria that a member firm proposing to eliminate the criteria that The Exchange is proposing to must meet to receive certain credits the member firm either adds Customer eliminate certain fee caps under Rule under the rule, eliminate a credit and/or Professional liquidity in Penny 7018 as well. Currently, under Rule provided for displayed Designated Pilot Options and/or Non-Penny Pilot 7018(a)(2) the Exchange assesses a Retail Orders (‘‘DRO’’),4 eliminate Options of 1.40% or more of national charge of $0.0015 per share executed for certain fee caps applied to Orders that customer volume in multiply-listed DOT or LIST Orders in Tape A employ the DOT and LIST Order routing equity and ETF options classes in a securities that execute in the NYSE strategies, and decrease the charge month as pursuant to Chapter XV, opening or re-opening process, but assessed for a LIST Order in a security Section 2 of the NOM rules applied to limits the charge assessed member firms listing on a venue other than Nasdaq or each of the Tapes under Rules to no more than $5,000 per month when NYSE. 7018(a)(1)–(3). The Exchange is also combined with the LIST orders that The Exchange is proposing to add a proposing to delete superfluous text execute in the NYSEArca and new credit of $0.0030 per share concerning exclusion of RPI Orders 9 NYSEAmex opening or re-opening executed for displayed quotes and from counting toward the remaining process if member adds Customer and/ orders (other than Supplemental Orders requirement that the member firm add or Professional liquidity in Penny Pilot or Designated Retail Orders) that at least 8 million shares of non- Options and/or Non-Penny Pilot provide liquidity under Rules displayed liquidity. The Exchange notes Options of 1.40% or more of national 7018(a)(1), (2) and (3). To qualify for the that the RPI program, which was customer volume in multiply-listed credit, a member firm must have shares adopted as a pilot program to attract equity and ETF options classes in a of liquidity provided in all securities retail order flow to the Exchange and month as pursuant to Chapter XV, through one or more of its Nasdaq allow such order flow to receive Section 2 of the Nasdaq Options Market Market Center MPIDs that represent potential price improvement, expired on Rules. The Exchange is eliminating the 10 0.575% or more of Consolidated December 31, 2014 and therefore language concerning the cap and the Volume during the month, including rendered the exclusion under Rules criteria required to qualify for the fee shares of liquidity provided with 7018(a)(1)–(3) moot. cap. The Exchange is also proposing to respect to securities that are listed on The Exchange is also proposing to eliminate the fee caps applied to charges exchanges other than Nasdaq or NYSE eliminate the $0.0033 per share for LIST Orders in Tape B securities that that represent 0.15% or more of executed credit provided to member execute in the NYSEArca and Consolidated Volume. firms for displayed DROs for each of the NYSEAmex opening or re-opening The Exchange is proposing to modify Tapes under Rules 7018(a)(1)–(3). In a related change, the Exchange is processes under Rule 7018(a)(3). Under the criteria required to receive a credit the rule, such orders are assessed a for non-displayed orders (other than eliminating the criteria a member firm must satisfy to receive a $0.0034 per charge of $0.0005 per share executed. Supplemental Orders) that provide Currently, the Exchange limits the total liquidity. Currently, the Exchange share executed credit provided to member firms for displayed DROs in charges assessed a member firm for all provides a $0.0025 per share executed LIST Orders that execute in the credit for midpoint orders if the member securities of each of the Tapes under Rules 7018(a)(1)–(3). Currently, to NYSEArca opening or re-opening firm provides an average daily volume process, to no more than $10,000 per of 5 million or more shares through receive the $0.0034 per share executed credit a member firm must add month. The Exchange is proposing to midpoint orders during the month and eliminate this fee cap. In addition, the 5 Customer and/or Professional liquidity either adds Customer and/or Exchange provides a second fee cap 6 Professional liquidity in Penny Pilot under the rule. This fee cap limits the 7 average quoted spreads in all classes in the Pilot, Options and/or Non- Penny Pilot which may result in customers and other market total charges assessed for LIST Orders in participants to trade options at better prices. See Tape B securities that execute in the 4 A Designated Retail Order is an agency or NASDAQ Options Rules, Chapter XV, Sec. 2(1). NYSEArca and NYSEAmex opening or riskless principal order that meets the criteria of 8 Id. re-opening processes when combined FINRA Rule 5320.03 and that originates from a 9 RPI Order, or Retail Price Improvement Order, natural person and is submitted to Nasdaq by a was defined by former Nasdaq Rule 4780(a)(3) as an with DOT or LIST orders that execute in member that designates it pursuant to this rule, order consisting of non-displayed liquidity on the NYSE opening process or reopening provided that no change is made to the terms of the Nasdaq that is priced better than the protected process to no more than $5,000 per order with respect to price or side of market and NBBO by at least $0.001 and that is identified as month. To be eligible for this fee cap, a the order does not originate from a trading such. algorithm or any other computerized methodology. 10 See Securities Exchange Act Release No. 73182 member firm must add Customer and/or See Rule 7018. (September 23, 2014), 79 FR 57995 (September 26, Professional liquidity in Penny Pilot 5 As defined by NASDAQ Options Rules, Chapter 2014) (SR–NASDAQ–2014–094) (extending the Options and/or Non-Penny Pilot XV. pilot program through December 31, 2014); see also Options of 1.40% or more of national 6 Id. Securities Exchange Act Release No. 75252 (June 7 The Penny Pilot allows market participants to 22, 2015), 80 FR 36865 (June 26, 2015) (SR– customer volume in multiply-listed quote in penny increments in certain series of NASDAQ–2015–024) (removing rule text relating to equity and ETF options classes in a option classes and is designed to narrow the the expired pilot). month as pursuant to Chapter XV,

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55663

Section 2 of the Nasdaq Options Market robust as price setting in non-Tape B reasonable because there is no longer an Rules. The Exchange is proposing to securities. Nasdaq believes the proposed RPI program on Nasdaq. Consequently, eliminate this fee cap. As a consequence change is equitable and not unfairly removing the text will help avoid any of these two changes, member firms will discriminatory because the $0.0004 per market participant confusion created by be assessed the $0.0005 per share share executed rebate under the NBBO referencing a now-defunct program. The executed charge for every share Program is available to all members on Exchange also believes that these executed in the opening or re-opening an equal basis and provides a rebate for proposed changes are equitable and not processes of NYSEArca and activity that improves the Exchange’s unfairly discriminatory because they NYSEAmex. market quality through increased will be applied uniformly to all market Lastly, the Exchange is proposing to activity and by encouraging the setting participants and to securities of all three decrease a charge assessed for LIST of the NBBO. In this regard, the NBBO Tapes. As such, all member firms Orders that executes in the NYSEArca Program encourages higher levels of transacting in midpoint orders will have closing process. Currently, Nasdaq liquidity provision into the price the opportunity to receive the credit, assesses a charge of $0.0010 per share discovery process and is consistent with regardless of their participation on executed for a LIST Order that executes the overall goals of enhancing market NOM. in the NYSEArca closing process. The quality. The Exchange believes the proposed Exchange is proposing to reduce the Nasdaq believes that the proposed changes to the credits provided for charge from $0.0010 per share executed new credit of $0.0030 per share displayed DROs under Rules 7018(a)(1)– to $0.0005 per share executed. executed provided to a member firm for (3) are reasonable because they displayed quotes and orders (other than eliminate a lower credit, which did not 2. Statutory Basis Supplemental Orders or Designated have qualification criteria, and Nasdaq believes that the proposed Retail Orders) is reasonable because it eliminate the criteria needed to qualify rule change is consistent with the provides incentive to member firms to for a higher credit. As such, the provisions of Section 6 of the Act,11 in improve the market for all participants proposed changes have the effect of general, and with Sections 6(b)(4) and by requiring certain levels of monthly increasing the credit provided to a 6(b)(5) of the Act,12 in particular, in that Consolidated Volume in shares of member firm entering displayed DROs it provides for the equitable allocation liquidity provided in all securities that would not have qualified under the of reasonable dues, fees and other through one or more of its Nasdaq deleted qualification criteria. Making charges among members and issuers and Market Center MPIDs. A significant the higher credit available to all market other persons using any facility or level of the required Consolidated participants may encourage more system which Nasdaq operates or Volume must be in shares of liquidity activity in DROs, thus increasing the controls and is designed to prevent provided with respect to securities that level of retail order liquidity available in fraudulent and manipulative acts and are listed on exchanges other than Nasdaq. Retail orders are likely to reflect practices, to promote just and equitable Nasdaq or NYSE. As a consequence, the long-term investment intentions and principles of trade, to foster cooperation Exchange is both providing an incentive therefore promote price discovery and and coordination with persons engaged to member firms to improve the market dampen volatility to the benefit of all in regulating, clearing, settling, in terms of liquidity in securities of all market participants. The change is processing information with respect to, Tapes with an additional requirement consistent with an equitable allocation and facilitating transactions in that a certain amount of that liquidity be of fees and is not unfairly securities, to remove impediments to in Tape B securities, the levels of which discriminatory because it broadens the and perfect the mechanism of a free and Nasdaq has determined to increase availability of credit used as a means to open market and a national market relative to securities of the other Tapes encourage greater retail participation in system, and, in general, to protect on Nasdaq. Such improvement liquidity Nasdaq. Because the presence of retail investors and the public interest; and generally benefits the investing public. orders in the Nasdaq market has the are not designed to permit unfair Nasdaq believes that the proposed potential to benefit all market discrimination between customers, change is consistent with an equitable participants, it is therefore equitable and issuers, brokers, or dealers. allocation of fees and is not unfairly not unfairly discriminatory to provide The Exchange believes that the discriminatory because the Exchange financial incentives with respect to such proposed change to amend Rule 7014(g) will provide the credit to any member orders. Lastly, the Exchange believes is reasonable because it provides an firm that qualifies under the criteria. In that these proposed changes are opportunity for members that qualify to addition, the Exchange notes that the equitable and not unfairly receive a higher per share executed proposed change is consistent with the discriminatory because all members that rebate for all other displayed orders Exchange’s approach of providing add displayed DROs will receive a (other than Designated Retail Orders, as credits in return for certain market- higher credit than under the current defined in Rule 7018) in Tape B improving activity that benefits all rule, which was previously only securities priced at $1 or more per share market participants. available if a member firm also provided that provide liquidity and establish the Nasdaq believes that the proposed certain levels of volume on NOM. NBBO. Thus the rebate provides changes to the criteria required to The Exchange believes that the incentive to members to provide receive a $0.0025 per share executed proposed elimination of the fee caps aggressively priced orders in Tape B credit for midpoint orders under Nasdaq applicable to DOT and LIST Orders securities that improve the market by Rules 7018(a)(1)–(3) are reasonable participating in the opening or re- setting the NBBO. Increasing the Tape B because the Exchange has determined opening processes of the exchanges rebate is reflective of the Exchange’s that removing the criteria may better under Rules 7018(a)(2)–(3) are desire to improve the market on Nasdaq promote the use of midpoint and non- reasonable because Nasdaq has in Tape B securities in terms of setting displayed orders on the Exchange, determined that restricting fee liability the NBBO, which is currently not as which provide market-improving for DOT and LIST orders is not liquidity to all market participants. The warranted at this time. The Exchange 11 15 U.S.C. 78f. Exchange believes that the removal of notes that it incurs fees in routing DOT 12 15 U.S.C. 78f(b)(4) and (5). the rule text referencing RPI Orders is and LIST orders for execution and,

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55664 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

consequently, Nasdaq does not reflects this competitive environment incentive or adopt an alternative recapture those fees from routing DOT because it is designed, in part, to incentive. Such changes are reflective of and LIST orders once a member firm increase credits and reduce charges for robust competition among exchanges qualifies for the cap. Therefore, members that enhance the quality of and other market venues. In sum, if the elimination of the fee caps will help the Nasdaq’s market. changes proposed herein are Exchange recapture some of the costs it B. Self-Regulatory Organization’s unattractive to market participants it is incurs routing DOT and LIST orders, Statement on Burden on Competition likely that Nasdaq will lose market while maintaining the relatively low share as a result. As such, the Exchange charge for use of Nasdaq’s routing Nasdaq does not believe that the does not believe the proposed changes functionality. Moreover, the Exchange proposed rule changes will result in any will place a burden on competition. has determined that the market in DOT burden on competition that is not and LIST Orders is sufficiently robust to necessary or appropriate in furtherance C. Self-Regulatory Organization’s not warrant a capped fee. The Exchange of the purposes of the Act, as Statement on Comments on the also believes that the proposed amended.13 Nasdaq notes that it Proposed Rule Change Received From elimination of the fee caps is equitable operates in a highly competitive market Members, Participants or Others and not unfairly discriminatory because in which market participants can Written comments were neither all member firms that enter DOT or LIST readily favor competing venues if they solicited nor received. orders that participate in the opening or deem fee levels at a particular venue to III. Date of Effectiveness of the re-opening processes of NYSE, be excessive, or rebate opportunities Proposed Rule Change and Timing for NYSEArca and NYSEAmex will be available at other venues to be more assessed a per share executed charge for favorable. In such an environment, Commission Action all such orders executed thereon. Nasdaq must continually adjust its fees The foregoing change has become The Exchange believes the proposed to remain competitive with other effective pursuant to Section reduction in the charge assessed for exchanges and with alternative trading 19(b)(3)(A)(ii) of the Act.14 At any time LIST Orders that execute in the systems that have been exempted from within 60 days of the filing of the NYSEArca closing process is reasonable compliance with the statutory standards proposed rule change, the Commission because the Exchange has determined to applicable to exchanges. Because summarily may temporarily suspend provide an additional incentive, in the competitors are free to modify their own such rule change if it appears to the form of a reduced charge, to member fees in response, and because market Commission that such action is firms to enter LIST Orders on the participants may readily adjust their necessary or appropriate in the public Exchange that receive execution in the order routing practices. [sic] interest, for the protection of investors, NYSEArca closing process. The With regard to the proposed changes, or otherwise in furtherance of the Exchange also believes that the the Exchange is increasing a rebate in an purposes of the Act. proposed reduction in the charge effort to improve market quality. assessed for LIST Orders that execute in Similarly, the Exchange is providing a IV. Solicitation of Comments the NYSEArca closing process is new credit to incentivize member firms Interested persons are invited to equitable and not unfairly to add liquidity in the market. Such submit written data, views, and discriminatory because all members that changes may foster competition among arguments concerning the foregoing, enter LIST Orders NYSEArca-listed exchanges and other market venues to including whether the proposed rule securities that are executed in the provide similar incentives, which change is consistent with the Act. NYSEArca closing process will receive would benefit all market participants. Comments may be submitted by any of the lower charge. The Exchange notes The Exchange notes that it is the following methods: that, although it currently charges a eliminating fee caps, which the higher rate for LIST Orders in Exchange has determined is not Electronic Comments NYSEAmex securities that execute in economically warranted at this juncture. • Use the Commission’s Internet the NYSEAmex closing process, it As a consequence, member firms will comment form (http://www.sec.gov/ believes the proposed fee does not pay for all executed shares under the rules/sro.shtml); or discriminate unfairly because the respective charges and not for a limited • Send an email to rule-comments@ Exchange is providing incentive to number. The Exchange is also sec.gov. Please include File Number SR– market participants to improve the effectively reducing requirements to NASDAQ–2015–105 on the subject line. market on Nasdaq in LIST Orders in receive certain credits and reduced fees Paper Comments NYSEArca securities. The Exchange in an effort to make such reduced fees notes that LIST orders may provide and credits more attainable, which in • Send paper comments in triplicate liquidity to Nasdaq prior to executing in turn would improve the market to the to Secretary, Securities and Exchange the closing cross of another exchange, extent more member firms meet the Commission, 100 F Street NE., thereby improving liquidity on Nasdaq. remaining criteria required to receive Washington, DC 20549–1090. Finally, Nasdaq notes that it operates such reduced fees and credits. The All submissions should refer to File in a highly competitive market in which Exchange must weigh the costs of Number SR–NASDAQ–2015–105. This market participants can readily favor offering incentives to market file number should be included on the competing venues if they deem fee participants against the desired benefit subject line if email is used. To help the levels at a particular venue to be the Exchange seeks to achieve. To the Commission process and review your excessive. In such an environment, extent these incentives achieve these comments more efficiently, please use Nasdaq must continually adjust its fees goals, the Exchange may from time to only one method. The Commission will to remain competitive with other time adjust the level of incentive to pare post all comments on the Commission’s exchanges and with alternative trading back the level of incentive. Conversely, Internet Web site (http://www.sec.gov/ systems that have been exempted from to the extent the incentive is not rules/sro.shtml). Copies of the compliance with the statutory standards effective, the Exchange may increase the submission, all subsequent applicable to exchanges. Nasdaq believes that the proposed rule change 13 15 U.S.C. 78f(b)(8). 14 15 U.S.C. 78s(b)(3)(A)(ii).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55665

amendments, all written statements solicit comments on the proposed rule Penny Pilot issues or (ii) an ADV of with respect to the proposed rule change from interested persons. 200,000 contracts combined from all change that are filed with the orders in Penny Pilot Issues,5 and at I. Self-Regulatory Organization’s Commission, and all written least 100,000 of those contracts have to Statement of the Terms of Substance of communications relating to the be from Posted Orders in Penny Pilot the Proposed Rule Change proposed rule change between the Issues; and Commission and any person, other than The Exchange proposes to amend the • Super Tier II: a Market Maker must those that may be withheld from the NYSE Arca Options Fee Schedule (‘‘Fee meet an ADV of 200,000 contracts from public in accordance with the Schedule’’). The Exchange proposes to Market Maker orders in all issues, and provisions of 5 U.S.C. 552, will be implement the fee change effective at least 110,000 of those contracts have available for Web site viewing and September 1, 2015. The text of the to be from Posted Orders from both printing in the Commission’s Public proposed rule change is available on the Penny Pilot and non-Penny Pilot issues. Reference Room, 100 F Street NE., Exchange’s Web site at www.nyse.com, The Exchange is proposing to replace Washington, DC 20549, on official at the principal office of the Exchange, the existing thresholds that are based on business days between the hours of and at the Commission’s Public static ADV of contracts traded with 10:00 a.m. and 3:00 p.m. Copies of such Reference Room. market share criteria, specifically filing will also be available for II. Self-Regulatory Organization’s percentages of total industry customer inspection and copying at the principal Statement of the Purpose of, and equity and exchange traded fund 6 office of the Exchange. All comments Statutory Basis for, the Proposed Rule (‘‘ETF’’) option ADV. The Exchange received will be posted without change; Change believes this modification would enable the Commission does not edit personal Market Makers to achieve the Posting identifying information from In its filing with the Commission, the Tiers more consistently, despite submissions. You should submit only self-regulatory organization included monthly or seasonal fluctuations in information that you wish to make statements concerning the purpose of, industry volume. The Exchange is not available publicly. All submissions and basis for, the proposed rule change proposing to adjust the source of the should refer to File Number SR– and discussed any comments it received qualifying volume for each Posting Tier. NASDAQ–2015–105 and should be on the proposed rule change. The text Specifically, the Exchange proposes the submitted on or before October 7, 2015. of those statements may be examined at market share requirements to achieve the places specified in Item IV below. For the Commission, by the Division of each Posting Tier as follows: The Exchange has prepared summaries, • Select Tier: a Market Maker would Trading and Markets, pursuant to delegated set forth in sections A, B, and C below, 15 have to achieve at least 0.25% of Total authority. of the most significant parts of such Robert W. Errett, Industry Customer Equity and ETF statements. option ADV from Market Maker Posted Deputy Secretary. Orders in both Penny Pilot and non- [FR Doc. 2015–23213 Filed 9–15–15; 8:45 am] A. Self-Regulatory Organization’s Statement of the Purpose of, and Penny Pilot issues; BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule • Super Tier: a Market Maker would Change have to achieve either (i) at least 0.65% of Total Industry Customer Equity and SECURITIES AND EXCHANGE 1. Purpose ETF option ADV from Market Maker COMMISSION The purpose of this filing is to modify Posted Orders in both Penny Pilot and the criteria used for Lead Market Makers non-Penny Pilot issues or (ii) at least [Release No. 34–75881; File No. SR– and Market Makers (collectively, 1.60% of Total Industry Customer NYSEArca–2015–75] ‘‘Market Makers’’) to qualify for the Equity and ETF option ADV from all orders in Penny Pilot Issues, all account Self-Regulatory Organizations; NYSE Monthly Posting Credit Tiers For types, with at least 0.80% of Total Arca, Inc.; Notice of Filing and Executions in Penny Pilot Issues and Industry Customer Equity and ETF Immediate Effectiveness of Proposed SPY (the ‘‘Posting Tiers’’). The option ADV from Posted Orders in Rule Change Amending the NYSE Arca Exchange proposes to implement the fee Penny Pilot Issues; 7 Options Fee Schedule change effective September 1, 2015. and Currently, Market Makers qualify for • Super Tier II: a Market Maker must September 10, 2015. the Posting Tiers by achieving certain achieve at least 1.60% of Total Industry 1 volume-based criteria based on average Customer Equity and ETF option ADV Pursuant to Section 19(b)(1) of the electronic executions per day.4 The Securities Exchange Act of 1934 (the 5 Unlike the Select Tier and Super Tier II, in 2 3 Posting Tiers include the Select, Super ‘‘Act’’) and Rule 19b–4 thereunder, and Super II tiers and the volume calculating the Super Tier, the Exchange will notice is hereby given that, on requirements to achieve each are as include the ADV of the Market Maker’s affiliate(s). 6 The volume thresholds are based on Market September 1, 2015, NYSE Arca, Inc. (the follows: ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with Makers’ volume transacted electronically as a • Select Tier: a Market Maker must percentage of total industry Customer equity and the Securities and Exchange meet an Average Daily Volume (‘‘ADV’’) ETF options volumes as reported by the Options Commission (the ‘‘Commission’’) the of 30,000 contracts from Market Maker Clearing Corporation (the ‘‘OCC’’). Total industry proposed rule change as described in Posted Orders in both Penny Pilot and customer equity and ETF option volume is Items I, II, and III below, which Items comprised of those equity and ETF contracts that non-Penny Pilot issues; clear in the Customer account type at OCC and does have been prepared by the self- • Super Tier: a Market Maker must not include contracts that clear in either the Firm regulatory organization. The meet either (i) an ADV of 80,000 or Market Maker account type at OCC or contracts Commission is publishing this notice to contracts from Market Maker Posted overlying a security other than an equity or ETF security. See OCC Monthly Statistics Reports, Orders in both Penny Pilot and non- available here, http://www.theocc.com/webapps/ 15 17 CFR 200.30–3(a)(12). monthly-volume-reports. 1 15 U.S.C. 78s(b)(1). 4 The Exchange notes that there is a posting credit 7 As is the case today, in calculating the Super 2 15 U.S.C. 78a. associated with a Base Tier for which there is no Tier, the Exchange will include the ADV of the 3 17 CFR 240.19b–4. volume requirement. Market Maker’s affiliate(s).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55666 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

from Market Maker orders in all issues, The Exchange also believes that the C. Self-Regulatory Organization’s and at least 0.90% of Total Industry proposed change to the qualification Statement on Comments on the Customer Equity and ETF option ADV criteria is reasonable, equitable, and not Proposed Rule Change Received From from Posted Orders from both Penny unfairly discriminatory, as the Posting Members, Participants or Others Pilot and non-Penny Pilot issues. Credits are intended to encourage No written comments were solicited The Exchange is not proposing any quoting at the National Best Bid and or received with respect to the proposed changes to the amount of the Posting Offer (‘‘NBBO’’) which in turn benefits rule change. Credits for any of the tiers. both Customers and non-Customers by III. Date of Effectiveness of the 2. Statutory Basis having narrower spreads available for Proposed Rule Change and Timing for The Exchange believes that the execution. Commission Action proposed rule change is consistent with For these reasons, the Exchange The foregoing rule change is effective Section 6(b) of the Act,8 in general, and believes that the proposal is consistent upon filing pursuant to Section furthers the objectives of Sections with the Act. 19(b)(3)(A) 12 of the Act and 6(b)(4) and (5) of the Act,9 in particular, 13 B. Self-Regulatory Organization’s subparagraph (f)(2) of Rule 19b–4 because it provides for the equitable Statement on Burden on Competition thereunder, because it establishes a due, allocation of reasonable dues, fees, and fee, or other charge imposed by the other charges among its members, In accordance with Section 6(b)(8) of Exchange. issuers and other persons using its the Act,11 the Exchange does not believe At any time within 60 days of the facilities and does not unfairly that the proposed rule change will filing of such proposed rule change, the discriminate between customers, impose any burden on competition that Commission summarily may issuers, brokers or dealers. is not necessary or appropriate in temporarily suspend such rule change if The Exchange believes that modifying furtherance of the purposes of the Act. it appears to the Commission that such the qualification criteria for Market action is necessary or appropriate in the Maker Posting Credit Tiers is Instead, the Exchange believes that the proposed change would encourage public interest, for the protection of reasonable, equitable, and not unfairly investors, or otherwise in furtherance of discriminatory because it makes the competition, including by attracting a wider variety of business to the the purposes of the Act. If the Posting Tiers more consistently Commission takes such action, the Exchange, which would make the achievable as the Tiers will be less Commission shall institute proceedings Exchange a more competitive venue for, dependent on fluctuations in overall under Section 19(b)(2)(B) 14 of the Act to among other things, order execution and industry volume. The Exchange believes determine whether the proposed rule price discovery. In addition, by modifying the Posting Tiers based on change should be approved or achieving percentages of market share is adjusting the qualifications to a market disapproved. also not unfairly discriminatory as it is share basis rather than per contract based on the amount of business volume levels, the Exchange believes IV. Solicitation of Comments conducted on the Exchange and the proposed change encourages Interested persons are invited to therefore rewards similar efforts month- competition without undue burden by submit written data, views and to-month, while not resulting in being based on a share of overall arguments concerning the foregoing, windfalls during periods of heavy business rather than a static volume including whether the proposed rule volumes, or penalizing firms focused on amount. change is consistent with the Act. trading at NYSE Arca during months of Moreover, because the proposed Comments may be submitted by any of overall lower volumes. change continues to base the Posting the following methods: The Exchange believes modifying the Tiers on the amount of business Posting Tiers based on achieving Electronic Comments conducted on the Exchange, it would percentages of market share is • Use the Commission’s Internet apply equally to similarly-situated reasonable, equitable, and not unfairly comment form (http://www.sec.gov/ discriminatory because the Exchange Marker Makers and would not impose a rules/sro.shtml); or utilizes this criterion as a basis for disparate burden on competition either • Send an email to rule-comments@ determining posting credits to other among or between classes of market sec.gov. Please include File Number SR– market participants and this criterion is participants. NYSEArca–2015–75 on the subject line. commonly used for this purpose by The Exchange notes that it operates in Paper Comments 10 competing exchanges. a highly competitive market in which • market participants can readily favor Send paper comments in triplicate 8 15 U.S.C. 78f(b). competing venues. In such an to Secretary, Securities and Exchange 9 Commission, 100 F Street NE., 15 U.S.C. 78f(b)(4) and (5). environment, the Exchange must 10 Washington, DC 20549–1090. See, e.g., Fee Schedule, available here, continually review, and consider https://www.nyse.com/publicdocs/nyse/markets/ All submissions should refer to File _ _ _ _ adjusting, its fees and credits to remain arca-options/NYSE Arca Options Fee Number SR–NYSEArca–2015–75. This Schedule.pdf (Customer and Professional Customer competitive with other exchanges. For file number should be included on the Monthly Posting Credit Tiers and Qualifications for the reasons described above, the Executions in Penny Pilot Issues and Customer and subject line if email is used. To help the Exchange believes that the proposed Professional Customer Posting Credit Tiers in Non Commission process and review your Penny Pilot Issues, both based on percentage of rule change reflects this competitive comments more efficiently, please use Total Industry Customer Equity and ETF Option environment. ADV); NASDAQ Options Market fee schedule, only one method. The Commission will available at, http://www.nasdaqtrader.com/ post all comments on the Commission’s Micro.aspx?id=optionsPricing (NOM Market Maker (Market Maker and Non-BATS Market Maker Penny Internet Web site (http://www.sec.gov/ Rebate to Add Liquidity in Penny Pilot Options Pilot Add Volume Tiers Market Maker and Non- based on total industry customer equity and ETF BATS Market Maker Non Penny Pilot Add Volume option ADV contracts per day in a month); BATS Tiers, both based on percentage of total 12 15 U.S.C. 78s(b)(3)(A). Options Exchange fee schedule, available at, consolidated monthly volume calculated). 13 17 CFR 240.19b–4(f)(2). http://www.batsoptions.com/support/fee_schedule/ 11 15 U.S.C. 78f(b)(8). 14 15 U.S.C. 78s(b)(2)(B).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55667

rules/sro.shtml). Copies of the The Commission is publishing this simultaneously decrease the credit from submission, all subsequent notice to solicit comments on the $0.0005 to $0.0000 per share executed amendments, all written statements proposed rule change from interested for other non-displayed orders that with respect to the proposed rule persons. provide liquidity. change that are filed with the I. Self-Regulatory Organization’s 2. Statutory Basis Commission, and all written communications relating to the Statement of the Terms of Substance of The Exchange believes that the proposed rule change between the the Proposed Rule Change proposed rule change is consistent with Commission and any person, other than The Exchange proposes to amend the the provisions of Section 6 of the Act,3 those that may be withheld from the Exchange’s Pricing Schedule under in general, and with Section 6(b)(4) and public in accordance with the Section VIII, entitled ‘‘NASDAQ OMX 6(b)(5) of the Act,4 in particular, in that provisions of 5 U.S.C. 552, will be PSX FEES,’’ with respect to execution it provides for the equitable allocation available for Web site viewing and and routing of orders in securities of reasonable dues, fees and other printing in the Commission’s Public priced at $1 or more per share. charges among members and issuers and Reference Room, 100 F Street NE., While the changes proposed herein other persons using any facility or Washington, DC 20549, on official are effective upon filing, the Exchange system which the Exchange operates or business days between the hours of has designated that the amendments be controls, and is not designed to permit 10:00 a.m. and 3:00 p.m. Copies of such operative on September 1, 2015. unfair discrimination between filing also will be available for The text of the proposed rule change customers, issuers, brokers, or dealers. inspection and copying at the principal is available on the Exchange’s Web site The proposed changes to the charge office of the Exchange. All comments at http:// and credits in the fee schedule under received will be posted without change; nasdaqomxphlx.cchwallstreet.com/, at the Exchange’s Pricing Schedule under the Commission does not edit personal the principal office of the Exchange, and Section VIII are reflective of the identifying information from at the Commission’s Public Reference Exchange’s ongoing efforts to use submissions. You should submit only Room. pricing incentive programs to attract information that you wish to make order flow to the Exchange and improve available publicly. All submissions II. Self-Regulatory Organization’s market quality. The goal of these pricing should refer to File Number SR– Statement of the Purpose of, and incentives is to provide meaningful NYSEArca–2015–75 and should be Statutory Basis for, the Proposed Rule incentives for members to increase their submitted on or before October 7, 2015. Change participation on the Exchange. The Exchange believes that the slight For the Commission, by the Division of In its filing with the Commission, the Trading and Markets, pursuant to delegated Exchange included statements decrease in the charge to a member authority.15 concerning the purpose of and basis for organization entering an order that Robert W. Errett, the proposed rule change and discussed executes in PSX from $0.0027 to Deputy Secretary. any comments it received on the $0.0026 per share executed in securities proposed rule change. The text of these on exchanges other than Nasdaq and [FR Doc. 2015–23214 Filed 9–15–15; 8:45 am] NYSE is reasonable because it provides BILLING CODE 8011–01–P statements may be examined at the places specified in Item IV below. The such member organizations with a Exchange has prepared summaries, set modest benefit of entering orders on the SECURITIES AND EXCHANGE forth in sections A, B, and C below, of PSX System of securities listed on COMMISSION the most significant aspects of such exchanges other than Nasdaq and NYSE statements. and should incentivize more [Release No. 34–75889; File No. SR–Phlx– participants in the market. 2015–78] A. Self-Regulatory Organization’s Phlx also believes that this proposed Statement of the Purpose of, and rule changes is consistent with an Self-Regulatory Organizations; Statutory Basis for, the Proposed Rule equitable allocation of fees and are not NASDAQ OMX PHLX LLC; Notice of Change unfairly discriminatory because it is Filing and Immediate Effectiveness of uniformly available to all members Proposed Rule Change Relating to the 1. Purpose entering order that execute on PSX for Exchange’s Pricing Schedule Under The purpose of the proposed rule securities listed on exchanges other than Section VIII With Respect to Execution change is to amend a charge and certain Nasdaq and NYSE and affects all such and Routing of Orders in Securities credits for order execution and routing members equally and in the same way. Priced at $1 or More Per Share applicable to the use of the order The Exchange is also proposing to September 10, 2015. execution and routing services of the increase the non-displayed order credit Pursuant to Section 19(b)(1) of the NASDAQ OMX PSX System (‘‘PSX’’) by for non-displayed orders from $0.0020 Securities Exchange Act of 1934 member organizations for all securities to $0.0023 per share executed for all (‘‘Act,’’) 1 and Rule 19b–4 2 thereunder, traded at $1 or more per share. orders with midpoint pegging that notice is hereby given that, on The Exchange proposes to slightly provide liquidity, but simultaneously September 1, 2015, NASDAQ OMX decrease the charge to a member decrease the credit from $0.0005 to PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed organization entering an order that $0.0000 per share executed for other with the Securities and Exchange executes in PSX from $0.0027 to non-displayed orders that provide Commission (‘‘Commission’’) the $0.0026 per share executed in securities liquidity. The Exchange believes the proposed rule change as described in on exchanges other than Nasdaq and proposed change to increase the credit Items I, II, and III, below, which Items NYSE. for all non-displayed orders with have been prepared by the Exchange. Phlx also proposes to increase the midpoint pegging that provide liquidity credit for non-displayed orders from is reasonable because it provides 15 17 CFR 200.30–3(a)(12). $0.0020 to $0.0023 per share executed 1 15 U.S.C. 78s(b)(1). for all orders with midpoint pegging 3 15 U.S.C. 78f. 2 17 CFR 240.19b–4. that provide liquidity, but 4 15 U.S.C. 78f(b)(4) and (5).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55668 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

member organizations with a credit exchanges. These adjustments are Paper Comments designed to incentivize increased reflective of the intent to increase the • Send paper comments in triplicate midpoint liquidity on PSX. order flow on the Exchange. For these to Secretary, Securities and Exchange Additionally, the Exchange believes reasons, the Exchange does not believe Commission, 100 F Street NE., providing a greater credit will act as an that the proposed changes will impair Washington, DC 20549–1090. incentive for members to increase their the ability of members or competing All submissions should refer to File participation on the Exchange. The order execution venues to maintain Number SR–Phlx–2015–78. This file Exchange believes that the proposed their competitive standing in the number should be included on the change to decrease to the credit for other financial markets. Moreover, because subject line if email is used. To help the non-displayed orders that provide there are numerous competitive Commission process and review your liquidity is reasonable because the alternatives to the use of the Exchange, comments more efficiently, please use Exchange no longer needs to provide an it is likely that the Exchange will lose only one method. The Commission will incentive for members to provide market share as a result of the changes post all comments on the Commission’s liquidity in other non-displayed orders. if they are unattractive to market Internet Web site (http://www.sec.gov/ The Exchange also believes the participants. rules/sro.shtml). Copies of the proposed change will incentivize greater Accordingly, Phlx does not believe submission, all subsequent use of midpoint orders over other non- that the proposed rule changes will amendments, all written statements displayed orders and thus increase the impair the ability of members or with respect to the proposed rule activity at the midpoint on the market, competing order execution venues to change that are filed with the which, is beneficial to all members. maintain their competitive standing in Commission, and all written The Exchange believes that the the financial markets. communications relating to the proposed rule changes to non-displayed proposed rule change between the order credits are consistent with an C. Self-Regulatory Organization’s Commission and any person, other than equitable allocation of fees and are not Statement on Comments on the those that may be withheld from the unfairly discriminatory because they are Proposed Rule Change Received From public in accordance with the uniformly available to all members and Members, Participants, or Others affect all members equally and in the provisions of 5 U.S.C. 552, will be same way. No written comments were either available for Web site viewing and solicited or received. printing in the Commission’s Public B. Self-Regulatory Organization’s Reference Room, 100 F Street NE., Statement on Burden on Competition III. Date of Effectiveness of the Washington, DC 20549, on official Proposed Rule Change and Timing for business days between the hours of The Exchange does not believe that Commission Action the proposed rule change will result in 10:00 a.m. and 3:00 p.m. Copies of such any burden on competition that is not The foregoing rule change has become filing also will be available for necessary or appropriate in furtherance effective pursuant to Section inspection and copying at the principal of the purposes of the Act, as amended.5 19(b)(3)(A)(ii) of the Act.6 At any time office of the Exchange. All comments Phlx notes that it operates in a highly within 60 days of the filing of the received will be posted without change; competitive market in which market proposed rule change, the Commission the Commission does not edit personal participants can readily favor dozens of summarily may temporarily suspend identifying information from different competing exchanges and such rule change if it appears to the submissions. You should submit only alternative trading systems if they deem Commission that such action is information that you wish to make charges at a particular venue to be necessary or appropriate in the public available publicly. All submissions excessive, or credit opportunities interest, for the protection of investors, should refer to File Number SR–Phlx– available at other venues to be more or otherwise in furtherance of the 2015–78 and should be submitted on or favorable. In such an environment, the purposes of the Act. If the Commission before October 7, 2015. Exchange must continually adjust its takes such action, the Commission shall For the Commission, by the Division of charges and credits to remain institute proceedings to determine Trading and Markets, pursuant to delegated competitive with other exchanges. whether the proposed rule should be authority.7 Because competitors are free to modify approved or disapproved. Robert W. Errett, their own charges and credits in Deputy Secretary. IV. Solicitation of Comments response, and because market [FR Doc. 2015–23218 Filed 9–15–15; 8:45 am] participants may readily adjust their Interested persons are invited to BILLING CODE 8011–01–P order routing practices, the Exchange submit written data, views, and believes that the degree to which arguments concerning the foregoing, changes to charges and credits in this including whether the proposed rule SECURITIES AND EXCHANGE market may impose any burden on change is consistent with the Act. COMMISSION competition is extremely limited. Comments may be submitted by any of [Release No. 75886] In this instance, the slight decrease to the following methods: the charge to member organizations Securities Exchange Act of 1934; In the entering orders in the PSX System and Electronic Comments Matter of the Options Clearing to credits for non-displayed orders with • Use the Commission’s Internet Corporation; Order Discontinuing the midpoint pegging that provide liquidity Automatic Stay and for other non-displayed orders that comment form (http://www.sec.gov/ provide liquidity do not impose a rules/sro.shtml); or September 10, 2015. burden on competition because • Send an email to rule-comments@ This matter comes before the Exchange membership is optional and is sec.gov. Please include File Number SR– Commission on the Options Clearing the subject of competition from other Phlx–2015–78 on the subject line. Corporation’s (‘‘OCC’’) motion to lift the

5 15 U.S.C. 78f(b)(8). 6 15 U.S.C. 78s(b)(3)(A)(ii). 7 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55669

automatic stay of the approval, through such as OCC, is a compelling public products. The text of the proposed rule delegated authority, of OCC’s plan for interest. The Commission also believes change is available on the Exchange’s raising additional capital (‘‘Capital that the concerns raised by the Web site (http://www.ise.com), at the Plan’’) to support its function as a Petitioners regarding potential monetary principal office of the Exchange, and at systemically important financial market and competitive harm do not currently the Commission’s Public Reference utility. On January 26, 2015, the justify maintaining the stay during the Room. Commission issued a notice of filing of pendency of the Commission’s review. the proposed rule change regarding the Nor does the Commission believe that II. Self-Regulatory Organization’s Capital Plan.1 After consideration of the lifting the stay precludes meaningful Statement of the Purpose of, and record in the proposed rule change, the review of the Approval Order. Statutory Basis for, the Proposed Rule Division of Trading and Markets, for the For the reasons stated above, it is Change Commission pursuant to delegated hereby: In its filing with the Commission, the authority, issued an order approving Ordered that the automatic stay of self-regulatory organization included (‘‘Approval Order’’) the Capital Plan on delegated action pursuant to statements concerning the purpose of, March 6, 2015.2 Commission Rule of Practice 431(e) 5 is and basis for, the proposed rule change BATS Global Markets, Inc. (‘‘BATS’’), hereby discontinued, and that OCC’s and discussed any comments it received BOX Options Exchange LLC (‘‘BOX’’), Motion to Lift Stay of the staff’s action on the proposed rule change. The text KCG Holdings, Inc. (‘‘KCG’’), Miami in approving by delegated authority File of these statements may be examined at International Securities Exchange, LLC No. SR–OCC–2015–02 6 is granted. the places specified in Item IV below. (‘‘MIAX’’), and Susquehanna The order approving such proposed The self-regulatory organization has International Group, LLP (‘‘SIG’’) rule change shall remain in effect. prepared summaries, set forth in (collectively ‘‘Petitioners’’) each filed By the Commission. sections A, B and C below, of the most petitions for review of the Approval Robert W. Errett, significant aspects of such statements. Order, challenging the action taken by Deputy Secretary. delegated authority. The filing of the A. Self-Regulatory Organization’s [FR Doc. 2015–23241 Filed 9–15–15; 8:45 am] petitions automatically stayed the Statement of the Purpose of, and Approval Order pursuant to BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule Commission Rule of Practice 431(e).3 Change The Commission has entered a separate SECURITIES AND EXCHANGE 1. Purpose Order Granting the Petitions for Review COMMISSION On June 6, 2013 the ISE implemented and Scheduling Filing of Statements.4 In response to the automatic stay [Release No. 34–75874; File No. SR–ISE– a temporary Managed Data Access imposed by the filing of the petitions to 2015–25] Service program that established a new review the Approval Order, OCC filed a pricing and distribution model for the Motion to Lift the Stay on April 2, 2015, Self-Regulatory Organizations; sale of a number of real-time market 3 citing the public policy reasons for International Securities Exchange, data products. The Exchange extended implementing the Capital Plan. The LLC; Notice of Filing and Immediate this program for an additional six month 4 Petitioners responded, arguing that Effectiveness of Proposed Rule period on December 20, 2013, and then continuing the automatic stay is Change To Amend the Schedule of on September 17, 2014 instituted appropriate in light of the important Fees another temporary program on the same policy and competition issues raised by terms for a one year period set to expire September 10, 2015. on August 31, 2015.5 The Exchange now the Approval Order. Pursuant to Section 19(b)(1) of the The Commission finds that it is in the proposes to extend its current Managed Securities Exchange Act of 1934 (the Data Access Service program for an public interest to lift the stay during the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 pendency of the Commission’s review. additional one year period ending notice is hereby given that on August August 31, 2016 so that the Exchange Under the circumstances of this case, 27, 2015, the International Securities the Commission believes, on balance, can continue to provide this alternative Exchange, LLC (the ‘‘Exchange’’ or the delivery option for ISE data feeds.6 that strengthening the capitalization of a ‘‘ISE’’) filed with the Securities and systemically important clearing agency, Managed Data Access Service is a Exchange Commission the proposed pricing and administrative option rule change, as described in Items I and 1 Securities Exchange Act Release No. 74136 (January 26, 2015), 80 FR 5171 (January 30, 2015) II below, which items have been 3 See Securities Exchange Act Release No. 69806 (SR–OCC–2015–02). prepared by the self-regulatory (June 20, 2013), 78 FR 38424 (June 26, 2013) (ISE– 2 Order Approving Proposed Rule Change organization. The Commission is 2013–39). The Exchange also offers a similar Concerning a Proposed Capital Plan for Raising publishing this notice to solicit Managed Data Access Service program for its Additional Capital That Would Support the Options comments on the proposed rule change Implied Volatility and Greeks Feed. See Securities Clearing Corporation’s Function as a Systemically Exchange Act Release No. 65678 (November 3, Important Financial Market Utility, Securities from interested persons. 2011), 76 FR 70178 (November 10, 2011) (ISE– Exchange Act Release No. 74452 (March 6, 2015), 2011–67). This filing does not apply to the Managed 80 FR 13058 (March 12, 2015) (SR–OCC–2015–02). I. Self-Regulatory Organization’s Data Access Service program for the Implied The Capital Plan was previously filed as an advance Statement of the Terms of Substance of Volatility and Greeks Feed, which is a permanent notice pursuant to Section 806(e)(1) of the Payment, the Proposed Rule Change program. Clearing, and Settlement Supervision Act of 2010. 4 See Securities Exchange Act Release No. 71230 See 12 U.S.C. 5465(e)(1). The Commission issued a The ISE proposes to amend its (January 2, 2014), 79 FR 1405 (January 8, 2014) notice of no objection to the advance notice on Schedule of Fees to extend its Managed (ISE–2013–74). February 26, 2015. See Securities Exchange Act Data Access Service program for the sale 5 See Securities Exchange Act Release No. 73276 Release No. 74387 (February 26, 2015), 80 FR 12215 of a number of real-time market data (October 1, 2014), 79 FR 60545 (October 7, 2014) (March 6, 2015) (SR–OCC–2014–813). (ISE–2014–41). 3 17 CFR 201.431(e). 6 The current Managed Data Access Service 5 4 See Order Granting Petitions for Review and See supra note 4. program provides an alternative delivery option for Scheduling Filing of Statements, Securities 6 See supra note 2. the Real-time Depth of Market Raw Data Feed Exchange Act Release No. 75885 (September 10, 1 15 U.S.C. 78s(b)(1). (‘‘Depth Feed’’), the Order Feed, the Top Quote 2015). 2 17 CFR 240.19b–4. Feed, and the Spread Feed.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55670 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

whereby the ISE assesses fees to user.12 For each of the above ISE data constrained in pricing the Managed Data Managed Data Access Distributors,7 who feeds, Market Data Access Distributors Access Service as these services are redistribute market data to Managed are subject to a minimum fee, which is entirely optional, and firms may choose Data Access Recipients.8 Managed Data $5,000 per month for the Depth Feed, whether or not to purchase proprietary Access Distributors are required to $3,000 per month for each of the Top ISE market data products or to utilize monitor the delivery of the data Quote Feed and Spread Feed, and any specific pricing alternative. retransmitted to their clients, and must $2,000 per month for the Order Feed. Moreover, the program will continue to agree to reformat, redisplay and/or alter The Exchange is not proposing to provide an opportunity for all the data feeds prior to retransmission make any changes to the fees currently distributors and subscribers, both without affecting the integrity of the charged under the Managed Data Access Professional and Non-Professional, to data feeds and without rendering any of Service program. access the ISE data feeds at a potentially the feeds inaccurate, unfair, lower cost. uninformative, fictitious, misleading, or 2. Statutory Basis discriminatory. The Exchange believes that the B. Self-Regulatory Organization’s The current fees for the Managed Data proposed rule change is consistent with Statement on Burden on Competition Access Service are as follows: the requirements of the Securities In accordance with Section 6(b)(8) of The Exchange charges a fee to each Exchange Act of 1934 (the ‘‘Act’’),13 and the Act,17 the Exchange does not believe Managed Data Access Distributor of the rules and regulations thereunder that the proposed rule change will $2,500 per month for the Depth Feed, that are applicable to a national impose any burden on intermarket or $1,500 for each of the Top Quote Feed securities exchange, including the intramarket competition that is not and Spread Feed, and $1,000 per month requirements of Section 6(b) of the necessary or appropriate in furtherance for the Order Feed. The Exchange also Act.14 In particular, the proposal is of the purposes of the Act. To the charges a fee for each IP address at consistent with Section 6(b)(5) of the contrary, the Exchange believes that the Managed Data Access Recipients that Act,15 because is designed to promote proposed rule change will promote receive market data redistributed by a just and equitable principles of trade, competition as it extends a program that Managed Data Access Distributor, which remove impediments to and perfect the provides an attractive alternative is $750 per month for the Depth Feed, mechanisms of a free and open market delivery model for ISE market data that $500 per month for each of the Top and a national market system and, in is similar to programs in place on other Quote Feed and Spread Feed, and $350 general, to protect investors and the options exchanges. The vigor of per month for the Order Feed.9 In public interest. The Exchange believes competition for market data is addition, the Exchange charges a that the proposed program is consistent significant and the Exchange believes controlled device fee for each controlled with the protection of investors and the that this proposal clearly evidences device permitted to access market data public interest as the Exchange already such competition. ISE proposes to redistributed by a Managed Data Access runs a Managed Data Access Service continue to offer this optional Managed Distributor to a Market Data Access program, and is merely proposing to Access Data Service in order to keep Recipient that is a Professional user,10 extend this program for an additional pace with changes in the industry and which is $50 per month for the Depth one year period. The Exchange evolving customer needs. Feed, $20 per month for the Top Quote established the Managed Data Access Feed, $25 per month for the Spread C. Self-Regulatory Organization’s Service as a temporary program in order Statement on Comments on the Feed, and $10 per month for the Order to gauge the level of interest in this new Feed.11 Finally, the Exchange charges a Proposed Rule Change Received From pricing and distribution model, and Members, Participants, or Others controlled device fee of $5 per month now wishes to extend this temporary for each controlled device permitted to program so that it may continue to offer The Exchange has not solicited, and access information in the Depth Feed an attractive program that competes does not intend to solicit, comments on redistributed by a Managed Data Access with programs offered by other options this proposed rule change. The Distributor to a Market Data Access exchanges.16 The Exchange is Exchange has not received any Recipient that is a Non-Professional unsolicited written comments from 12 There is no controlled device fee for Non- members or other interested parties. 7 A Managed Data Access Distributor redistributes Professional users of the Top Quote Feed, Spread ISE data feeds and permits access to the information Feed, or Order Feed. A ‘‘Non-Professional user’’ is III. Date of Effectiveness of the in those data feeds through a controlled device. A an authorized end-user of the ISE data feeds who Proposed Rule Change and Timing for Managed Data Access Distributor can also is a natural person and who is neither: (a) Commission Action redistribute a data feed solution to specific IP Registered or qualified with the Securities and addresses, including an Application Programming Exchange Commission, the Commodities Futures Because the proposed rule change Interface (‘‘API’’) or similar automated delivery Trading Commission, any state securities agency, does not (i) significantly affect the solutions, with only limited entitlement controls any securities exchange or association, or any protection of investors or the public (e.g., usernames and/or passwords) to a recipient of commodities or futures contract market or the information. association; (b) engaged as an ‘‘investment advisor’’ interest; (ii) impose any significant 8 A Managed Data Access Recipient is a as that term is defined Section 202(a)(11) of the burden on competition; and (iii) become subscriber to the Managed Data Access Distributor Investment Advisers Act of 1940 (whether or not operative for 30 days from the date on who receives a reformatted data feed in a controlled registered or qualified under that act); nor (c) which it was filed, or such shorter time device or at a specific IP address. Market Data employed by a bank or other organization exempt Access Recipients may be Professional or Non- from registration under Federal and/or state as the Commission may designate if Professional users. securities laws to perform functions that would consistent with the protection of 9 This fee is charged per IP address, which covers require him/her to be so registered or qualified if both primary and back-up IP addresses at a he/she were to perform such functions for an Exchange Act Release Nos. 63276 (November 8, Managed Data Access Recipient. organization not so exempt. 2010), 75 FR 69717 (November 15, 2010) (SR– 10 A ‘‘Professional user’’ is an authorized end-user 13 15 U.S.C. 78f. NASDAQ–2010–138); and 69182 (March 19, 2013), of the ISE data feeds that has not qualified as a Non- 14 15 U.S.C. 78f(b). 78 FR 18378 (March 26, 2013) (SR–PHLX–2013–28). Professional user. 15 15 U.S.C. 78f(b)(5). ISE also offers managed data access service on a 11 A controlled device is any device that a 16 A number of other exchanges have adopted permanent basis for the ISE Implied Volatility and distributor of an ISE data feed permits to access the managed data access services to distribute their Greeks Feed. See supra note 3. information in that data feed. proprietary market data. See e.g. Securities 17 15 U.S.C. 78f(b)(8).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55671

investors and the public interest, the and Exchange Commission, 100 F Street SECURITIES AND EXCHANGE proposed rule change has become NE., Washington, DC 20549–1090. COMMISSION effective pursuant to Section 19(b)(3)(A) of the Act 18 and Rule 19b–4(f)(6) All submissions should refer to File [Release No. 34–75875; File No. SR–FINRA– thereunder.19 Number SR–ISE–2015–25. This file 2015–026] number should be included on the The Exchange has asked the Self-Regulatory Organizations; Commission to waive the 30-day subject line if email is used. To help the Commission process and review your Financial Industry Regulatory operative delay so that the proposal may Authority, Inc.; Notice of Designation become operative immediately upon comments more efficiently, please use only one method. The Commission will of a Longer Period for Commission filing. The Exchange stated that waiver Action on a Proposed Rule Change To post all comments on the Commission’s of the operative delay will permit the Require an Indicator When a TRACE Internet Web site (http://www.sec.gov/ Exchange to continue to provide access Report Does Not Reflect a Commission to subscribers interested in the Managed rules/sro.shtml). Copies of the or Mark-Up/Mark-Down Data Access Service program. The submission, all subsequent Commission believes that waiving the amendments, all written statements September 10, 2015. 30-day operative delay is consistent with respect to the proposed rule On July 20, 2015, Financial Industry with the protection of investors and the change that are filed with the Regulatory Authority, Inc. (‘‘FINRA’’) public interest. Therefore, the Commission, and all written filed with the Securities and Exchange Commission hereby waives the communications relating to the Commission (‘‘Commission’’), pursuant operative delay and designates the proposed rule change between the to Section 19(b)(1) of the Securities proposed rule change operative upon Commission and any person, other than Exchange Act of 1934 (‘‘Act’’) 1 and Rule filing.20 those that may be withheld from the 19b–4 thereunder,2 a proposed rule At any time within 60 days of the public in accordance with the change to amend FINRA Rule 6730 filing of the proposed rule change, the provisions of 5 U.S.C. 552, will be (Transaction Reporting) to require an Commission summarily may available for Web site viewing and indicator when the TRACE report does temporarily suspend such rule change if printing in the Commission’s Public not reflect a commission or mark-up/ it appears to the Commission that such Reference Room, 100 F Street NE., mark-down. The proposed rule change action is necessary or appropriate in the Washington, DC 20549 on official was published for comment in the public interest, for the protection of Federal Register on August 7, 2015.3 business days between the hours of investors, or otherwise in furtherance of The Commission has received two 10:00 a.m. and 3:00 p.m. Copies of such the purposes of the Act. If the comment letters regarding the proposed filing also will be available for Commission takes such action, the rule change.4 Commission shall institute proceedings inspection and copying at the principal Section 19(b)(2) of the Act 5 provides to determine whether the proposed rule office of the Exchange. All comments that, within 45 days of the publication should be approved or disapproved. received will be posted without change; of the notice of the filing of a proposed the Commission does not edit personal IV. Solicitation of Comments rule change, or within such longer identifying information from period up to 90 days as the Commission Interested persons are invited to submissions. You should submit only may designate if it finds such longer submit written data, views, and information that you wish to make period to be appropriate and publishes arguments concerning the foregoing, available publicly. All submissions its reasons for so finding, or as to which including whether the proposed rule should refer to File Number SR–ISE– the self-regulatory organization change is consistent with the Act. 2015–25, and should be submitted on or consents, the Commission shall either Comments may be submitted by any of before October 7, 2015. approve the proposed rule change, the following methods: For the Commission, by the Division of disapprove the proposed rule change, or Electronic Comments Trading and Markets, pursuant to delegated institute proceedings to determine whether the proposed rule change • authority.21 Use the Commission’s Internet should be disapproved. The comment form (http://www.sec.gov/ Commission is extending this 45-day Robert W. Errett, rules/sro.shtml); or time period. • Send an email to rule-comments@ Deputy Secretary. The Commission finds that it is sec.gov. Please include File Number SR– [FR Doc. 2015–23210 Filed 9–15–15; 8:45 am] appropriate to designate a longer period ISE–2015–25 on the subject line. BILLING CODE 8011–01–P within which to take action on the Paper Comments proposed rule change so that it has • sufficient time to consider the proposed Send paper comments in triplicate rule change and issues raised in the to Brent J. Fields, Secretary, Securities comment letters. Accordingly, the Commission, pursuant to Section 18 15 U.S.C. 78s(b)(3)(A). 19 17 CFR 240.19b–4(f)(6). As required under Rule 1 19b–4(f)(6)(iii), the Exchange provided the 15 U.S.C.78s(b)(1). Commission with written notice of its intent to file 2 17 CFR 240.19b–4. the proposed rule change, along with a brief 3 See Securities Exchange Act Release No. 75588 description and the text of the proposed rule (August 3, 2015), 80 FR 47546. change, at least five business days prior to the date 4 See letter from Sean Davy, Managing Director, of filing of the proposed rule change, or such Securities Industry and Financial Markets shorter time as designated by the Commission. Association, to Elizabeth M. Murphy, Secretary, 20 For purposes only of waiving the 30-day Commission, dated August 27, 2015 and letter from operative delay, the Commission has also Michael Nicholas, Chief Executive Officer, Bond considered the proposed rule’s impact on Dealers of America, to Secretary, Commission, efficiency, competition, and capital formation. See dated August 28, 2015. 15 U.S.C. 78c(f). 21 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78s(b)(2).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55672 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

19(b)(2) of the Act,6 designates Initial Rule Filing. The Commission is Additionally, in Amendment No. 1, November 5, 2015 as the date by which publishing this notice to solicit ICC added clarifying language regarding the Commission should either approve comments on Amendments No. 1 and 2 how the Risk Factor specific WWR loss or disapprove or institute proceedings to from interested persons and is thresholds are determined. The determine whether to disapprove the approving the proposed rule change, as proposed revisions clarify that the risk proposed rule change (File Number modified by Amendments No. 1 and 2, enhancements described in the Initial FINRA–2015–026). on an accelerated basis. Rule Filing will apply to all products For the Commission, by the Division of cleared by ICC within the Sovereign and II. Description of the Proposed Rule Banking 5 sectors. ICC represented that, Trading and Markets, pursuant to delegated Change authority.7 should it decide to expand its product Robert W. Errett, A. Description of the Initial Rule Filing offering to include credit default swap contracts on its Clearing Participant Deputy Secretary. In the Initial Rule Filing, ICC names, it will specifically file a separate [FR Doc. 2015–23211 Filed 9–15–15; 8:45 am] proposed changes to the ICC Risk proposed rule change with the BILLING CODE 8011–01–P Management Framework to incorporate Commission regarding the applicability risk model enhancements related to the of the GWWR framework to such General Wrong Way Risk (‘‘GWWR’’) contracts. ICC has also updated its stress SECURITIES AND EXCHANGE methodology. More specifically, ICC testing methodology to include COMMISSION proposed changing the ICC Risk additional analysis related to Clearing Management Framework to extend the [Release No. 34–75887; File No. SR–ICC– Participant WWR exposures. 2015–009] GWWR framework to the portfolio level. Currently, there exists no Clearing C. Description of Amendment No. 2 Self-Regulatory Organizations; ICE Participant-level cumulative GWWR On September 8, 2015, ICC filed Clear Credit LLC; Notice of Filing of requirement incorporated in the Jump- Amendment No. 2 to the proposed rule Amendments No. 1 and 2 and Order to-Default calculations. The change. ICC stated that the purpose of Granting Accelerated Approval of uncollateralized WWR exposure of a the amendment was to provide further Proposed Rule Change, as Modified by Risk Factor needs to exceed its clarity regarding the risk enhancements Amendments No. 1 and 2, To Revise corresponding WWR threshold in order described in the Initial Rule Filing. In the ICC Risk Management Framework to trigger WWR collateralization. Amendment No. 2, ICC revised its Risk According to ICC, the proposed September 10, 2015. Management Framework to include enhancement is introduced to account specific language regarding the jump-to- I. Introduction for the potential accumulation of default requirement related to the On May 28, 2015, ICE Clear Credit portfolio WWR through Risk Factor exposure to single name (‘‘SN’’) risk LLC (‘‘ICC’’) filed with the Securities specific WWR exposures. ICC asserts factors (‘‘RFs’’), which reflect outright and Exchange Commission that under the proposed approach, if the and index-derived single name (‘‘Commission’’), pursuant to Section cumulative uncollateralized exposure positions. Additionally, ICC added 19(b)(1) of the Securities Exchange Act exceeds a pre-determined portfolio language clarifying that the GWWR of 1934 (‘‘Act’’) 1 and Rule 19b–4 GWWR threshold, the amount above the analysis is applied to all cleared SN RFs thereunder,2 a proposed rule change to threshold is collateralized. within the Sovereign and Banking make revisions to the ICC Risk B. Description of Amendment No. 1 sectors, is applicable to post index- decomposition positions and reflects the Management Framework (SR–ICC– On September 1, 2015, ICC filed combined exposure resulting from 2015–009). The proposed rule change Amendment No. 1 to the proposed rule outright and index-derived SN was published for comment in the change. ICC stated that the purpose of 3 positions. ICC also added language Federal Register on June 12, 2015. The the amendment was to provide further regarding the determination of Commission did not receive comments clarity regarding the risk enhancements correlation parameters needed for on the proposed rule change. On July described in the Initial Rule Filing. ICC GWWR computations, specifically the 27, 2015, the Commission extended the proposed to revise its Risk Management quantification of loss-given-default time period in which to either approve, Framework to include specific language resulting from correlated defaults. disapprove, or institute proceedings to regarding the pre-determined portfolio Finally, ICC updated its Stress Testing determine whether to disapprove the GWWR threshold. Specifically, ICC Framework to include additional proposed rule change to September 10, added clarifying language setting the 4 analysis related to GWWR exposures for 2015. On September 1, 2015, ICC filed minimum and maximum value of the Clearing Participants’ portfolios. As Amendment No. 1 to the proposed rule parameter. According to ICC, the value further described in the Stress Testing change. On September 8, 2015, ICC filed of the parameter must be greater than, Framework, a portfolio of highly Amendment No. 2 to the proposed rule or equal to, the value of the greatest Risk correlated RFs is created and is further change. As discussed below, Factor specific WWR threshold level. subjected to additional stress testing Amendments No. 1 and 2 are intended ICC stated that the parameter is further analyses to uncover pockets of increased to provide further clarification to the constrained not to exceed the sum of the risk due to adverse market realizations minimum value and the value of the 6 Id. for the highly correlated factors. ICC has average of all Risk Factor-specific WWR 7 17 CFR 200.30–3(a)(31). also represented that it intends to thresholds (excluding the greatest Risk 1 15 U.S.C. 78s(b)(1). submit a separate filing regarding its 2 Factor specific WWR threshold). ICC 17 CFR 240.19b–4. Stress Testing Framework, which 3 proposes to set the initial GWWR global Securities Exchange Act Release No. 34–75119 contains the aforementioned enhanced (Jun. 8, 2015), 80 FR 33573 (Jun. 12, 2015) (SR–ICC– parameter equal to the minimum value, stress testing analyses. 2015–009) (hereinafter referred to as the ‘‘Initial the greatest Risk Factor specific WWR Rule Filing’’). 4 Securities Exchange Act Release No. 34–75529 threshold, and will not increase the 5 ICC stated that the Banking sector attribution (Jul. 27, 2015), 80 FR 45688 (Jul. 31, 2015) (SR–ICC– parameter value prior to March 31, follows the Bloomberg Industry Classification 2015–009). 2016. system (BICS).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55673

III. Discussion and Commission believes that the modifications by change that are filed with the Findings Amendments No. 1 and 2 to the Initial Commission, and all written Section 19(b)(2)(C) of the Act 6 directs Rule Filing are designed to promote the communications relating to the the Commission to approve a proposed prompt and accurate clearance and proposed rule change between the rule change of a self-regulatory settlement of securities transactions and Commission and any person, other than organization if the Commission finds derivative agreements, contracts and those that may be withheld from the that such proposed rule change is transactions cleared by ICC and, in public in accordance with the consistent with the requirements of the general, to protect investors and the provisions of 5 U.S.C. 552, will be Act and the rules and regulations public interest, consist with Section available for Web site viewing and 12 thereunder applicable to such self- 17A(b)(3)(F) of the Act. Further, the printing in the Commission’s Public regulatory organization. Section Commission believes that the Reference Room, 100 F Street NE., 17A(b)(3)(F) of the Act 7 requires, among modifications are reasonably designed Washington, DC 20549, on official to meet the financial resource other things, that the rules of a clearing business days between the hours of requirements of Rule 17Ad–22(b)(3).13 agency are designed to promote the 10:00 a.m. and 3:00 p.m. Copies of such prompt and accurate clearance and As interested persons received an opportunity to submit written data, filings will also be available for settlement of securities transactions inspection and copying at the principal and, to the extent applicable, derivative views and arguments concerning the office of ICE Clear Credit and on ICE agreements, contracts, and transactions Initial Rule Filing for a period of 21 Clear Credit’s Web site at https:// and, in general, to protect investors and days after its publication in the Federal the public interest. Register, and Amendments No. 1 and 2 www.theice.com/clear-credit/regulation. The Commission finds that ICC’s include detail that serves to clarify the All comments received will be posted proposed revisions to its Risk Initial Rule Filing, the Commission without change; the Commission does Management Framework are consistent finds good cause, pursuant to Section not edit personal identifying with the requirements of Section 17A of 19(b)(2)(C)(iii) of the Act,14 to approve information from submissions. You the Act 8 and regulations thereunder the proposed rule change, as modified should submit only information that applicable to it, including the standards by Amendments No. 1 and 2, prior to you wish to make available publicly. All under Rule 17Ad–22.9 The proposed the thirtieth day after the date of submissions should refer to File revisions are intended to enhance ICC’s publication of notice of Amendments Number SR–ICC–2015–009 and should risk policies and are expected to impose No. 1 and 2 in the Federal Register. be submitted on or before October 7, more conservative initial margin V. Solicitation of Comments 2015. requirements to account for the potential accumulation of portfolio Interested persons are invited to VI. Conclusion WWR through Risk Factor specific submit written data, views, and WWR exposures, which ICC represents arguments concerning the foregoing, On the basis of the foregoing, the will enhance its available financial including whether the proposed rule Commission finds that the proposed resources. The Commission therefore change is consistent with the Act. rule change is consistent with the believes that the proposal is designed to Comments may be submitted by any of requirements of the Act and in promote the prompt and accurate the following methods: particular with the requirements of 15 clearance and settlement of securities Electronic Comments Section 17A of the Act and the rules transactions and derivative agreements, • and regulations thereunder. contracts and transactions cleared by Use the Commission’s Internet comment form (http://www.sec.gov/ It is therefore ordered, pursuant to ICC and, in general, to protect investors 16 rules/sro.shtml); or Section 19(b)(2) of the Act, that the and the public interest, consist with • proposed rule change (SR–ICC–2015– 10 Send an email to rule-comments@ Section 17A(b)(3)(F) of the Act. 009), as modified by Amendments No. Further, the Commission believes that sec.gov. Please include File Number SR– 1 and 2, be, and hereby is, approved on the proposal is reasonably designed to ICC–2015–009 on the subject line. an accelerated basis.17 meet the financial resource Paper Comments 11 requirements of Rule 17Ad–22(b)(3). • Send paper comments in triplicate Robert W. Errett, IV. Accelerated Approval of Proposed to Secretary, Securities and Exchange Deputy Secretary. Rule Change as Modified by Commission, 100 F Street NE., [FR Doc. 2015–23216 Filed 9–15–15; 8:45 am] Amendments No. 1 and 2 Washington, DC 20549–1090. BILLING CODE 8011–01–P As discussed above, Amendments No. All submissions should refer to File 1 and 2 are intended to provide further Number SR–ICC–2015–009. This file clarity and specificity regarding the number should be included on the proposed rule change. Specifically, the subject line if email is used. To help the amendments provide further details Commission process and review your regarding how ICC determines certain comments more efficiently, please use relevant parameters in its GWWR only one method. The Commission will framework and describe enhancements post all comments on the Commission’s to ICC’s stress testing to monitor GWWR Internet Web site (http://www.sec.gov/ exposures. The Commission therefore rules/sro.shtml). Copies of the submission, all subsequent 6 15 U.S.C. 78s(b)(2)(C). amendments, all written statements 15 15 U.S.C. 78q–1. 7 15 U.S.C. 78q–1(b)(3)(F). with respect to the proposed rule 16 15 U.S.C. 78s(b)(2). 8 15 U.S.C. 78q–1. 17 In approving the proposed rule change, the 9 17 CFR 240.17Ad–22. 12 15 U.S.C. 78q-1(b)(3)(F). Commission considered the proposed rule change’s 10 15 U.S.C. 78q–1(b)(3)(F). 13 17 CFR 240.17Ad–22(b)(3). impact on efficiency, competition and capital 11 17 CFR 240.17Ad–22(b)(3). 14 15 U.S.C. 78s(b)(2)(C)(iii). formation. 15 U.S.C. 78c(f).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00086 Fmt 4703 Sfmt 9990 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55674 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

SECURITIES AND EXCHANGE Gold Fund (the ‘‘Fund’’), a series of the Gold Trust; 13 SPDR Gold Trust COMMISSION Global Gold Currency Trust (Trust’’), (formerly, streetTRACKS Gold Trust); under NYSE Arca Equities Rule 8.201.4 iShares Silver Trust; 14 and iShares [Release No. 34–75900; File No. SR– 15 NYSEArca–2015–76] Under NYSE Arca Equities Rule 8.201, COMEX Gold Trust. Prior to their the Exchange may propose to list and/ listing on the Exchange, the Self-Regulatory Organizations; NYSE or trade pursuant to unlisted trading Commission approved listing of the Arca, Inc.; Notice of Filing of Proposed privileges (‘‘UTP’’) ‘‘Commodity-Based streetTRACKS Gold Trust on the New Rule Change To List and Trade Shares Trust Shares.’’ 5 York Stock Exchange (‘‘NYSE’’) 16 and listing of iShares COMEX Gold Trust of the Global Currency Gold Fund The Fund will not be registered as an Under NYSE Arca Equities Rule 8.201 and iShares Silver Trust on the investment company under the American Stock Exchange LLC.17 In 6 September 11, 2015. Investment Company Act of 1940 and addition, the Commission has approved Pursuant to section 19(b)(1) 1 of the is not required to register under such trading of the streetTRACKS Gold Trust Securities Exchange Act of 1934 (the act. and iShares Silver Trust on the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 The Sponsor of the Fund and the Exchange pursuant to UTP.18 notice is hereby given that, on August Trust will be WGC USA Asset Operation of the Fund 28, 2015, NYSE Arca, Inc. (the Management Company, LLC (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with ‘‘Sponsor’’).7 BNY Mellon Asset Gold bullion typically is priced and the Securities and Exchange Servicing, a division of The Bank of traded throughout the world in U.S. dollars. The Fund has been established Commission (the ‘‘Commission’’) the New York Mellon, will be the Fund’s as an alternative to traditional dollar- proposed rule change as described in administrator (‘‘Administrator’’), Items I and II below, which Items have based gold investing. Although transfer agent (‘‘Transfer Agent’’) and been prepared by the self-regulatory investors will purchase shares of the custodian (‘‘Custodian’’) and will not be organization. The Commission is Fund with U.S. dollars, the Fund is affiliated with the Trust, the Fund or the publishing this notice to solicit designed to provide investors with the comments on the proposed rule change Sponsor. economic effect of holding gold in terms from interested persons. The Commission has previously of a specific basket of major, non-U.S. approved listing on the Exchange under currencies, such as the euro, Japanese I. Self-Regulatory Organization’s NYSE Arca Equities Rules 5.2(j)(5) and yen and British pound (each, a Statement of the Terms of Substance of 8.201 of other precious metals and gold- ‘‘Reference Currency’’), rather than the the Proposed Rule Change based commodity trusts, including the U.S. dollar. Specifically, the Fund will The Exchange proposes to list and Merk Gold Trust; 8 ETFS Gold Trust,9 seek to track the performance of the trade shares of the Global Currency Gold ETFS Platinum Trust 10 and ETFS Global Gold Index (ex-USD), less Fund Fund under NYSE Arca Equities Rule Palladium Trust (collectively, the expenses. The Global Gold Index (ex- 8.201. The text of the proposed rule ‘‘ETFS Trusts’’); 11APMEX Physical–1 USD), or the ‘‘Index’’, represents the change is available on the Exchange’s oz. Gold Redeemable Trust; 12 Sprott daily performance of a long position in Web site at www.nyse.com, at the physical gold and a short position in principal office of the Exchange, and at 19 4 On August 28, 2015, the Trust filed with the each of the Reference Currencies. The the Commission’s Public Reference Commission a registration statement on Form S–1 Room. under the Securities Act of 1933 (‘‘1933 Act’’) 13 Securities Exchange Act Release No. 61496 relating to the Fund (File No. 333–206640) (February 4, 2010), 75 FR 6758 (February 10, 2010) II. Self-Regulatory Organization’s (‘‘Registration Statement’’). The description of the (SR–NYSEArca–2009–113). Statement of the Purpose of, and operation of the Trust and the Fund herein is based, 14 See Securities Exchange Act Release No. 58956 Statutory Basis for, the Proposed Rule in part, on the Registration Statement. (November 14, 2008), 73 FR 71074 (November 24, Change 5 Commodity-Based Trust Shares are securities 2008) (SR–NYSEArca–2008–124) (approving listing issued by a trust that represent investors’ discrete on the Exchange of the iShares Silver Trust)). In its filing with the Commission, the identifiable and undivided beneficial ownership 15 See Securities Exchange Act Release No.56224 self-regulatory organization included interest in the commodities deposited into the (August 8, 2007), 72 FR 45850 (August 15, 2007) (SR–NYSEArca–2007–76) (approving listing on the statements concerning the purpose of, Trust. 6 15 U.S.C. 80a–1. Exchange of the streetTRACKS Gold Trust); and basis for, the proposed rule change 7 The Trust will be a Delaware statutory trust Securities Exchange Act Release No. 56041 (July 11, and discussed any comments it received consisting of multiple series, each of which will 2007), 72 FR 39114 (July 17, 2007) (SR–NYSEArca– 2007–43) (order approving listing on the Exchange issue common units of beneficial interest, which on the proposed rule change. The text of iShares COMEX Gold Trust). represent units of fractional undivided beneficial of those statements may be examined at 16 interest in and ownership of such series. The term See Securities Exchange Act Release No. 50603 the places specified in Item IV below. of the Trust and each series will be perpetual (October 28, 2004), 69 FR 64614 (November 5, 2004) The Exchange has prepared summaries, (unless terminated earlier in certain circumstances). (SR–NYSE–2004–22) (order approving listing of streetTRACKS Gold Trust on NYSE). set forth in sections A, B, and C below, The trustee for the Fund’s trust (‘‘Trustee’’) will be 17 See Securities Exchange Act Release Nos. of the most significant parts of such Delaware Trust Company, the sole trustee with respect to the Fund. 51058 (January 19, 2005), 70 FR 3749 (January 26, statements. 2005) (SR–Amex–2004–38) (order approving listing 8 Securities Exchange Act Release No. 71378 of iShares COMEX Gold Trust on the American A. Self-Regulatory Organization’s (January 23, 2014), 79 FR 4786 (January 29, 2014) Stock Exchange LLC); 53521 (March 20, 2006), 71 Statement of the Purpose of, and (SR–NYSEArca–2013–137). FR 14967 (March 24, 2006) (SR–Amex–2005–72) 9 Securities Exchange Act Release No. 59895 (May Statutory Basis for, the Proposed Rule (approving listing on the American Stock Exchange 8, 2009), 74 FR 22993 (May 15, 2009) (SR– LLC of the iShares Silver Trust). Change NYSEArca–2009–40). 18 See Securities Exchange Act Release Nos. 10 Securities Exchange Act Release No. 61219 1. Purpose 53520 (March 20, 2006), 71 FR 14977 (March 24, (December 22, 2009), 74 FR 68886 (December 29, 2006) (SR–PCX–2005–117) (approving trading on The Exchange proposes to list and 2009) (SR–NYSEArca–2009–95). the Exchange pursuant to UTP of the iShares Silver trade (‘‘Shares’’) of the Global Currency 11 Securities Exchange Act Release No. 61220 Trust); 51245 (February 23, 2005), 70 FR 10731 (December 22, 2009), 74 FR 68895 (December 29, (March 4, 2005) (SR–PCX–2004–117) (approving 2009) (SR–NYSEArca–2009–94). trading on the Exchange of the streetTRACKS Gold 1 15 U.S.C. 78s(b)(1). 12 Securities Exchange Act Release No 66930 Trust pursuant to UTP). 2 15 U.S.C. 78a. (May 7, 2012), 77 FR 27817 (May 11, 2012) (SR– 19 ‘‘Gold’’ means gold bullion meeting the 3 17 CFR 240.19b–4. NYSEArca–2012–18). requirements of London Good Delivery Standards.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55675

Index is designed to measure daily gold first is the change in the price of Gold Fund will deliver Gold.23 In this bullion returns as though an investor measured in U.S. dollars from the prior manner, the value of the Gold held by had invested in Gold in terms of the Business Day. This drives the value of the Fund will be adjusted to reflect the Reference Currencies reflected in the the Fund’s Gold holdings measured in daily change in the value of the Index. (The Index is described in more U.S. dollars up (as Gold prices increase) Reference Currencies against the U.S. detail below under the heading or down (as Gold prices fall). The dollar. The Gold Delivery Agreement ‘‘Description of the Index’’.) second is the change in the value of the requires Gold ounces equal to the value The U.S. dollar value of an Reference Currencies against the U.S. of the Gold Delivery Amount to be investment in Shares of the Fund would dollar from the prior Business Day. This delivered to the custody account of the therefore be expected to increase when drives the value of the Fund’s Gold Fund or Gold Delivery Provider, as both the price of Gold goes up and the holdings measured in the Reference applicable. value of the U.S. dollar increases against Currencies up (when the value of the The Fund does not intend to enter the value of the Reference Currencies (as U.S. dollar against the Reference into any other Gold transactions other weighted in the Index). Conversely, the Currencies increases) or down (when than with the Gold Delivery Provider as U.S. dollar value of an investment the value of the U.S. dollar against the described in the Gold Delivery would be expected to decrease when the Reference Currencies declines). The Agreement (except that the Fund may price of Gold goes down and the value value of Gold and the Reference sell Gold to cover Fund expenses), and of the U.S. dollar decreases against the Currencies are based on publicly the Fund does not intend to hold any value of the Reference Currencies (as available, transparent prices—for Gold, Reference Currency or enter into any currency transactions. weighted in the Index). If Gold increases the LBMA Gold Price PM (defined and the value of the U.S. dollar below), for currencies, the WM Reuters Description of the Index decreases against the value of the rates. Reference Currencies, or vice versa, the The Index is maintained and net impact of these changes will Because the Fund generally will hold calculated by a major third-party data determine the value of the Shares of the only Gold bullion (and not U.S. dollars and index provider (the ‘‘Index Fund on a daily basis.20 or the Reference Currencies), the Provider’’). The Index Provider has The Fund is a passive investment economic impact of changes to the value licensed the Index to the Sponsor for vehicle and is designed to track the of the Reference Currencies against the use in connection with the Trust and performance of the Index regardless of: U.S. dollar from day to day is reflected the Fund. The Index Provider will not (i) The value of Gold or any Reference in the Fund by moving an amount of be affiliated with the Fund’s trust, the Currency; (ii) market conditions; and Gold ounces of equivalent value in or Fund, the Sponsor, the trustee for the (iii) whether the Index is increasing or out of the Fund. Therefore, the Fund Fund’s trust, the Administrator, the decreasing in value. The Fund’s will seek to track the performance of the Transfer Agent, the Custodian or Gold holdings generally will consist entirely Index by entering into a transaction Delivery Provider. The Index Provider is of Gold. Substantially all of the Fund’s each Business Day with the Gold not affiliated with a broker-dealer. The Gold holdings will be delivered by Delivery Provider pursuant to which Index Provider has adopted policies and Authorized Participants (defined below) Gold is moved in or out of the Fund.22 procedures designed to prevent the in exchange for Fund Shares. The Fund The terms of this transaction are set spread of material non-public will not hold any of the Reference forth in a written contract between the information about the Index and Currencies. The Fund generally will not Fund and the Gold Delivery Provider maintains ‘‘fire walls’’ around the hold U.S. dollars (except from time to referred to as the ‘‘Gold Delivery personnel who have access to time in very limited amounts to pay Agreement.’’ Pursuant to the terms of information concerning changes and expenses). The Fund’s Gold holdings the Gold Delivery Agreement, the Fund adjustments to the Index. The description of the strategy and will not be managed and the Fund will will deliver Gold to, or receive Gold methodology underlying the Index, not have any investment discretion. from, the Gold Delivery Provider each which will be identified and described The Fund’s net asset value (‘‘NAV’’) Business Day. The amount of Gold in the Registration Statement, is based will go up or down each Business Day transferred will be equivalent to the based primarily on two factors.21 The on rules formulated by the Index Fund’s profit or loss as if the Fund had Provider (the ‘‘Index Rules’’). The Index exchanged the Reference Currencies, in Rules, which will be described in the London Good Delivery Standards are the the proportion in which they are specifications for weight dimensions, fineness (or Registration Statement, will govern the purity), identifying marks and appearance set forth reflected in the Index, for U.S. dollars in calculation and constitution of the in ‘‘The Good Delivery Rules for Gold and Silver an amount equal to the Fund’s declared Index and other decisions and actions Bars’’ published by the London Bullion Markets holdings of Gold on such day. If there related to its maintenance. The Index is Association (‘‘LBMA’’). is a currency gain (i.e., the value of the described as a ‘‘notional’’ or ‘‘synthetic’’ 20 For additional information regarding the gold U.S. dollar against the Reference bullion market, gold futures exchanges, and portfolio or strategy because there is no regulation of the global gold market, see, e.g., Currencies increases), the Fund will actual portfolio of assets to which any Securities Exchange Act Release Nos. 59895 (May receive Gold. If there is a currency loss person is entitled or in which any 8, 2009), 74 FR 22993 (May 15, 2009) (SR– (i.e., the value of the U.S. dollar against NYSEArca–2009–40) (order approving Exchange person has any ownership interest. The listing and trading of the ETFS Gold Trust); and the Reference Currencies decreases), the Index references certain assets (i.e., 66627 (March 20, 2012), 77 FR 27817 (May 11, Gold and the Reference Currencies), the 2012) (SR–NYSEArca–2012–18) (order approving 22 The Gold Delivery Provider will be a national performance of which will be used as a Exchange listing and trading of the APMEX banking association. The Gold Delivery Provider reference point for calculating the daily Physical-1 oz. Gold Redeemable Trust). will be chartered and subject to regulation by the 21 A Business Day with respect to the Fund is any Office of the Comptroller of the Currency, a bureau performance of the Index (the ‘‘Index day the Exchange is open for trading. A Business of the United States Department of the Treasury and Day with respect to the Index generally is any day will be a member of the Federal Reserve System. 23 If the applicable currency exchange rates did on which (i) LBMA Gold prices are established and The Gold Delivery Provider will not be affiliated not change from one day to the next, or the net (ii) banks are scheduled to be open in the principal with the Trust, the Fund, the Sponsor, the Trustee, impact of such changes was zero, then the Fund financial center of the jurisdiction in which each the Administrator, the Transfer Agent, the would neither deliver nor receive Gold pursuant to Reference Currency is the lawful currency. Custodian or the Index Provider (defined below). the Gold Delivery Agreement.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55676 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Level’’). The Index seeks to track the platform, methodology and the overall franc (‘‘CHF’’), the Canadian dollar daily performance of a long position in administration and governance for the (‘‘CAD’’) and the New Zealand dollar physical Gold and a short position in LBMA Gold Price. (‘‘NZD’’) (each of which is measured each of the Reference Currencies (as As noted herein, the term ‘‘Reference against U.S. dollars). The three most weighted in the Index). If the Gold Price Currencies’’ refers to the major, non- heavily weighted currencies referenced (as defined below) increases and the U.S. currencies referenced by the Index. in the Index and their respective Reference Currencies depreciate against Each Reference Currency is expressed in weights as of April 20, 2015 were the the U.S. dollar, the Index Level will terms of a number of foreign currency euro (approximately 38%), yen increase. Conversely, if the Gold Price units relative to one U.S. dollar (e.g., a (approximately 26%) and GBP decreases and the Reference Currencies number of Japanese yen per one U.S. (approximately 13%). appreciate against the U.S. dollar, the dollar) or in terms of a number of U.S. dollars per one unit of the reference Index values generally are calculated Index Level will decrease. In certain using the published WMR Spot Rate cases, the appreciation of the Gold Price currency (e.g., a number of U.S. dollars per one euro). (‘‘Spot Rate’’) as of 4:00 p.m., London or the depreciation of one or more of the time associated with each Reference Reference Currencies may be offset by The Index weights its exposure to each Reference Currency based on the Currency, subject to adjustments as the appreciation of one or more of the described below (though other rates may Reference Currencies or the Triennial Central Bank Survey of foreign exchange turnover (the ‘‘FX Liquidity be used if the Spot Rate is delayed or depreciation of the Gold Price, as Survey’’) as conducted by the Monetary unavailable). The ‘‘Spot Rate’’ is the rate applicable. The net impact of these and Economic Department of the Bank at which a Reference Currency can be changes determines the Index Level on of International Settlements (‘‘BIS’’). exchanged for U.S. dollars on an a daily basis. Every three years, the BIS reviews immediate basis, subject to the The Index values Gold on a daily turnover in the foreign exchange applicable settlement cycle. Thus, if an basis using the ‘‘Gold Price.’’ The Gold markets and publishes its preliminary investor wanted to convert U.S. dollars Price generally is the LBMA Gold Price results in September and final results in into euros, the investor could enter into PM (though other sources may be used December. The BIS last published its FX a spot transaction at the Spot Rate if the LBMA Gold Price PM is delayed Liquidity Survey in September 2013. (subject to the bid/ask) and would or unavailable). The ‘‘LBMA Gold The Index references the summary receive euros in a number of days, Price’’ means the price per troy ounce results of the most recent FX Liquidity depending on the settlement cycle of of Gold stated in U.S. dollars as set via Survey to determine which currencies that currency. Generally, the settlement an electronic auction process run twice are Reference Currencies and the weight of a ‘‘spot’’ transaction is two currency daily at 10:30 a.m. and 3:00 p.m., of those Reference Currencies in the business days (except in the case of London time each Business Day as Index. The most liquid Reference Canadian dollars, which settle on the calculated and administered by ICE Currencies are more heavily weighted in next business day). The following table Benchmark Administration Limited the Index. sets forth the Reference Currencies (each (‘‘IBA’’) and published by LBMA on its The Index currently references of which is measured against U.S. Web site. The ‘‘LBMA Gold Price PM’’ European Union euro (‘‘euro’’ or dollars), the applicable ‘‘Reuters Page’’ is the 3:00 p.m. LBMA Gold Price. IBA, ‘‘EUR’’), the Japanese yen (‘‘JPY’’ or for each Spot Rate referenced by the an independent specialist benchmark yen’’), the British pound (‘‘GBP’’), the Index and the market convention for administrator, provides the price Australian dollar (‘‘AUD’’), the Swiss quoting such currency.

Reference currency 24 Reuters page Market convention for quotation

EUR/USD ...... USDEURFIX=WM ...... Number of USD per one EUR. USD/JPY ...... USDJPYFIX=WM ...... Number of JPY per one USD. GBP/USD ...... USDGBPFIX=WM ...... Number of USD per one GBP. AUD/USD ...... USDAUDFIX=WM ...... Number of USD per one AUD. USD/CHF ...... USDCHFFIX=WM ...... Number of CHF per one USD. USD/CAD ...... USDCADFIX=WM ...... Number of CAD per one USD. USD/HKD ...... USDHKDFIX=WM ...... Number of HKD per one USD. USD/SEK ...... USDSEKFIX=WM ...... Number of SEK per one USD. NZD/USD ...... USDNZDFIX=WM ...... Number of USD per one NZD. USD/NOK ...... USDNOKFIX=WM ...... Number of NOK per one USD.

Settlement in most spot currency days after the trade date. A ‘‘tomorrow- Index values are calculated using a transactions is two currency business next trade’’ arises when a person does tomorrow next forward rate which is not want to settle the transaction and combined with the Spot Rate. 24 The Index is governed by an Index rule that receive the currency within that In general, the Index is calculated by provides that only the currencies that constitute the timeframe. A ‘‘tomorrow next forward the Index Provider each Business Day, top 90% of currencies based on FX turnover as point’’ or ‘‘t/n forward point’’ is the unless there is a ‘‘Market Disruption described in the triennial BIS FX Liquidity Survey number of basis points associated with Event’’ or ‘‘Extraordinary Event’’ as are included in the Index. After the 2007 BIS FX Liquidity Survey, HKD, SEK and NOK were in the rolling a currency position that would described below. Index because they were in the top 90% of FX otherwise settle ‘‘tomorrow’’ so that the The Gold Delivery Agreement turnover. As of the 2013 BIS FX Liquidity Survey, position would settle on the ‘‘next’’ day. however, the Index was rebalanced and these three Since the Index does not take actual The Fund has entered into a written currencies dropped out because they were no longer contract with the Gold Delivery in the top 90% of FX turnover. After the release of delivery of the Reference Currencies, the 2016 BIS FX Liquidity Survey, and the Provider. Subject to the terms of the subsequent rebalancing of the Index, the currencies that are in the top 90% of FX turnover based on Gold Delivery Agreement, on a daily that appear in the Index will be those currencies the results of the 2016 BIS FX Liquidity Survey. basis, the Gold Delivery Provider will (i)

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55677

calculate the Gold Delivery Amount and performed if such holdings had been example, market conditions or other (ii) deliver Gold ounces equal to the denominated in the Reference events which result in a material U.S. dollar value of the Gold Delivery Currencies instead of the U.S. dollar. limitation in, or a suspension of, the Amount into or out of the Fund. The This amount is referred to as the ‘‘Net trading of physical Gold generally Gold Delivery Amount is the amount of FX PnL Amount.’’ would be considered Market Disruption Gold ounces to be delivered into or out The Net FX PnL Amount is converted Events, as would material disruptions or of the Fund on a daily basis to reflect into a number of ounces of Gold based delays in the determination or price movements in the Reference on the next available Gold Price and is publication of the LBMA Gold Price PM. Currencies against the U.S. dollar from adjusted downward by a small amount Similarly, market conditions which the prior Business Day (assuming no to reflect the market cost to the Gold prevent, restrict or delay the Gold Market Disruption Event or Delivery Provider of effectuating the Delivery Provider’s ability to convert a Extraordinary Event has occurred or is transactions that allow it to provide the Reference Currency to U.S. dollars or continuing as described in more detail Fund with the Gold Delivery Amount deliver a Reference Currency through below). (which amount is based on each customary channels generally would be The starting point for the calculation Business Day’s changing size of the considered Market Disruption Events, as of the Gold Delivery Amount is the Fund’s Gold holdings, changing gold would material disruptions or delays in daily change in the exchange rate of the prices, and changing prices of the the determination or publication of the Reference Currencies, in their respective Reference Currencies). The resultant Spot Rate. The occurrence of a Market Index weights, against the U.S. dollar. total is the Gold Delivery Amount. Disruption Event for five consecutive The Gold Delivery Amount is If the Gold Delivery Amount is a Business Days generally would be calculated, in simplest terms, by positive number (meaning that the Fund considered an Extraordinary Event for applying this rate to the dollar value of has experienced a currency gain on the the Index and Fund. Gold bullion held by the Fund. The notional currency short positions), the result of this calculation is an amount Gold Delivery Provider will transfer to Consequences of a Market Disruption or in U.S. dollars which reflects how the the Fund’s custody account an amount Extraordinary Event Fund’s Gold holdings would have of Gold (in ounces) equal to the U.S. On any Business Day in which a performed if such holdings had been dollar value of the Gold Delivery Market Disruption Event or denominated in the Reference Amount. If the Gold Delivery Amount is Extraordinary Event has occurred or is Currencies instead of the U.S. dollar. a negative number (meaning that the continuing, the Index Provider generally This dollar amount is converted into a Fund has experienced a currency loss will not calculate the Index and the number of ounces of Gold based on the on the notional currency short Gold Delivery Provider generally will published price of Gold, which amount positions), the Fund will transfer to the not calculate the Net FX PnL of the is the Gold Delivery Amount for the Gold Delivery Provider’s custody Fund or the Gold Delivery Amount. As Fund. account an amount of Gold (in ounces) a result, on these days the Fund may Specifically, the Gold Delivery equal to the U.S. dollar value of the temporarily suspend the acceptance of Provider will determine the effect of Gold Delivery Amount. orders to create or redeem Creation changes in the daily value of the The Gold Delivery Agreement also Units of Fund Shares and the Gold Reference Currencies against the U.S. specifies how the amount of Gold Delivery Provider generally will not dollar by calculating the change in the representing a Creation Unit 25 is deliver Gold ounces equal in value to Spot Rate of the Reference Currencies in determined and delivered in creation the Gold Delivery Amount to or from their respective Index weights against and redemption transactions, as the Fund. In addition, the Fund may use the U.S. dollar from the prior Business described further below under the alternate pricing sources to calculate Day. The Gold Delivery Provider may heading ‘‘Creation and Redemption of NAV during the occurrence of any use other rates if the Spot Rate is Fund Shares.’’ Market Disruption or Extraordinary delayed or unavailable as set forth in the event.26 Gold Delivery Agreement. The resultant Market Disruption and Extraordinary U.S. dollar amount is referred to as the Events The London Gold Bullion Market ‘‘FX PnL per Ounce.’’ The Gold Delivery From time to time, unexpected events Although the market for physical gold Provider generally will make this may cause the calculation of the Index is global, most over-the-counter, or calculation shortly after the Reference and/or the operation of the Fund to be ‘‘OTC’’, trades are cleared through Currency prices are published at the disrupted. These events are expected to London. In addition to coordinating ‘‘WMR FX Fixing Time,’’ which is be relatively rare. Though expected to market activities, the LBMA acts as the generally at 4:00 p.m., London Time. be rare, there can be no guarantee these principal point of contact between the The FX PnL per Ounce is then events will not occur. These events are market and its regulators. A primary multiplied by the number of Shares referred to as either ‘‘Market Disruption function of the LBMA is its involvement outstanding on such Business Day Events’’ or ‘‘Extraordinary Events’’ in the promotion of refining standards (without giving effect to any creation or depending largely on their significance by maintenance of the ‘‘London Good redemption orders accepted for such and potential impact to the Index and Delivery Lists,’’ which are the lists of Business Day) and the amount of Gold Fund. Market Disruption Events and LBMA accredited melters and assayers (in ounces) associated with each Share. Extraordinary Events include of gold. The LBMA also coordinates For these purposes Gold is valued at the disruptions in the trading of Gold or the market clearing and vaulting, promotes Gold Price (i.e., the LBMA Gold Price Reference Currencies, delays or good trading practices and develops PM, though the Gold Delivery Provider disruptions in the publication of the standard documentation. may use other sources if the LBMA Gold LBMA Gold Price or the Spot Rate and The term ‘‘loco London’’ refers to gold Price PM is delayed or unavailable, as unusual market or other events. For bars physically held in London that set forth in the Gold Delivery Agreement). This calculation produces 25 A Creation Unit is a block of 25,000 Shares. 26 The Exchange may suspend trading in the an amount in U.S. dollars equal to how Multiple blocks of 25,000 Shares are called Shares in the event the Sponsor suspends the right the Fund’s Gold holdings would have ‘‘Creation Units.’’ of redemptions.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55678 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

meet the specifications for weight, available after the auction on the IBA’s Authorized Participants (as described dimensions, fineness (or purity), Web site. below) creating and redeeming Shares. identifying marks (including the assay The LBMA Gold Price replaced the In determining the Fund’s NAV, the stamp of a LBMA acceptable refiner) widely used ‘‘London Gold Fix’’ as of Administrator generally will value the and appearance set forth in ‘‘The Good March 20, 2015. Gold held by the Fund based on the Delivery Rules for Gold and Silver Bars’’ The Gold Futures Markets LBMA Gold Price PM for an ounce of published by the LBMA. Gold bars Gold (though other sources may be used meeting these requirements are known Although the Fund will not invest in if the LBMA Gold Price PM is delayed as ‘‘London Good Delivery Bars.’’ All of gold futures information about the gold or unavailable). Although the Fund will the gold held by the Fund will be futures market is relevant as such not hold the Reference Currencies, the London Good Delivery Bars meeting the markets contribute to, and provide Gold Delivery Provider generally will specifications for weight, dimensions, evidence of, the liquidity of the overall value the Reference Currencies based on fineness (or purity), identifying marks market for Gold. the rates in effect as of the WMR FX and appearance of gold bars as set forth The most significant gold futures Fixing Time, which is generally at 4:00 in ‘‘The Good Delivery Rules for Gold exchange is COMEX, part of the CME p.m., London Time (though other prices and Silver Bars’’ published by the Group, Inc., which began to offer trading may be used if the 4:00 p.m. rate is LBMA. in gold futures contracts in 1974. delayed or unavailable). The The unit of trade in London is the troy TOCOM (Tokyo Commodity Exchange) Administrator will also determine the ounce, whose conversion between is another significant futures exchange NAV per Share, which equals the NAV grams is: 1,000 grams = 32.1507465 troy and has been trading gold since 1982. of the Fund, divided by the number of ounces and 1 troy ounce = 31.1034768 Trading on these exchanges is based on outstanding Shares. Unless there is a grams. A London Good Delivery Bar is fixed delivery dates and transaction Market Disruption Event or acceptable for delivery in settlement of sizes for the futures and options Extraordinary Event, NAV generally will a transaction on the OTC market. contracts traded. Trading costs are be calculated as of 4:00 p.m., London Typically referred to as 400-ounce bars, negotiable. As a matter of practice, only time. a London Good Delivery Bar must a small percentage of the futures market contain between 350 and 430 fine troy turnover ever comes to physical Creation and Redemption of Shares ounces of gold, with a minimum delivery of the gold represented by the The Fund expects to create and fineness (or purity) of 995 parts per contracts traded. Both exchanges permit redeem Shares but only in Creation 1,000 (99.5%), be of good appearance trading on margin. Both COMEX and Units (a Creation Unit equals a block of and be easy to handle and stack. The TOCOM operate through a central 25,000 Shares or more). The creation fine gold content of a gold bar is clearance system and in each case, the and redemption of Creation Units calculated by multiplying the gross clearing organization acts as a requires the delivery to the Fund (or the weight of the bar (expressed in units of counterparty for each member for distribution by the Fund in the case of 0.025 troy ounces) by the fineness of the clearing purposes. Gold futures redemptions) of the amount of Gold and bar. contracts also are traded on the any cash, if any, represented by the Shanghai Gold Exchange and the Creation Units being created or The LBMA Gold Price Shanghai Futures Exchange. redeemed. The total amount of Gold and IBA hosts a physically settled, The global gold markets are overseen cash, if any, required for the creation of electronic and tradeable auction process and regulated by both governmental and Creation Units will be based on the that provides a market-based platform self-regulatory organizations. In combined NAV of the number of for buyers and sellers to trade physical addition, certain trade associations have Creation Units being created or spot Gold. The final auction price is established rules and protocols for redeemed. The initial amount of Gold used and published to the market as the market practices and participants. required for deposit with the Fund to ‘‘LBMA Gold Price benchmark.’’ The create Shares is 10,000 ounces per Net Asset Value LBMA Gold Price is set twice daily at Creation Unit. The number of ounces of 10:30 a.m., London time and 3:00 p.m., The Administrator will determine the Gold required to create a Creation Unit London time in three currencies: U.S. NAV of Shares of the Fund each or to be delivered upon redemption of dollars, euro and British pounds. The Business Day, unless there is a Market a Creation Unit will gradually decrease LBMA Gold Price is a widely used Disruption Event or Extraordinary over time. This is because the Shares benchmark for the physical spot price of Event. The NAV of Shares of the Fund comprising a Creation Unit will Gold and is quoted by various financial is the aggregate value of the Fund’s represent a decreasing amount of Gold information sources. assets (which include gold payable, but due to the sale of the Fund’s Gold to pay Participants in the IBA auction not yet delivered, to the Fund) less its the expenses. Creation Units may be process submit anonymous bids and liabilities (which include accrued but created or redeemed only by offers which are published on screen unpaid fees and expenses). The NAV of ‘‘Authorized Participants’’ (as described and in real-time. Throughout the the Fund will be calculated based on the below), who may be required to pay a auction process, aggregated Gold bids price of Gold per ounce applied against transaction fee for each order to create and offers are updated in real-time with the number of ounces of Gold owned by or redeem Creation Units as will be set the imbalance calculated and the price the Fund. The number of ounces of Gold forth in the Registration Statement. updated every 45 seconds until the buy held by the Fund is adjusted up or Authorized Participants may sell to and sell orders are matched. When the down on a daily basis to reflect the U.S. other investors all or part of the Shares net volume of all participants falls dollar value of currency gains or losses included in the Creation Units they within a pre-determined tolerance the based on changes in the value of the purchase from the Fund. auction is deemed complete and the Reference Currencies against the U.S. applicable LBMA Gold Price is dollar. The number of ounces of Gold Creation Procedures—Authorized published. Information about the held by the Fund also reflects the Participants auction process (such as aggregated bid amount of Gold delivered into (or out Authorized Participants are the only and offer volumes) will be immediately of) the Fund on a daily basis by persons that may place orders to create

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55679

and redeem Creation Units. To become does not reflect creation order leased or loaned under any an Authorized Participant, a person transactions (see the section herein circumstances. must enter into a Participant Agreement. entitled ‘‘The Gold Delivery The Custodian will use commercially All Gold bullion must be delivered to Agreement’’), the Creation Unit Gold reasonable efforts to complete the the Fund and distributed by the Fund in Delivery Amount is required to reflect transfer of Gold to the Fund’s allocated unallocated form through credits and the Gold Delivery Amount associated account prior to the time by which the debits between an Authorized with such creation order. This amount Administrator is to credit the Creation Participant’s unallocated account is determined on the Business Day Unit to the Authorized Participant’s (‘‘Authorized Participant Unallocated following the date such creation order is DTC account; if, however, such transfers Account’’) and the Fund’s unallocated accepted. Finally, because the have not been completed by such time, account (‘‘Fund Unallocated Account’’) additional Gold submitted in the number of Creation Units ordered (except for Gold delivered to or from the connection with the creation order will will be delivered against receipt of the Gold Delivery Provider pursuant to the increase the amount of Gold subject to Gold deposit amount in the Fund’s Gold Delivery Agreement). All Gold the Gold Delivery Agreement, the unallocated account, and all bullion must be of at least a minimum Creation Unit Gold Delivery Amount Shareholders will be exposed to the fineness (or purity) of 995 parts per reflects the notional cost to the Gold risks of unallocated Gold to the extent 1,000 (99.5%) and otherwise conform to Delivery Provider of resizing (i.e., of that Gold deposit amount until the the rules, regulations practices and increasing) its Gold positions so that it Custodian completes the allocation customs of the LBMA, including the can fulfill its obligations under the Gold process. specifications for a London Good Delivery Agreement. Redemption Procedures—Authorized An Authorized Participant who places Delivery Bar. Participants On any Business Day, an Authorized a purchase order is responsible for Participant may place an order with the crediting its Authorized Participant The procedures by which an Fund to create one or more Creation Unallocated Account with the required Authorized Participant can redeem one Units. Purchase orders must be placed Gold deposit amount by the end of the or more Creation Units mirror the by 10:00 a.m., Eastern time (‘‘E.T.’’) or second Business Day in London procedures for the creation of Creation the close of regular trading on NYSE following the purchase order date. Upon Units. On any Business Day, an Arca, whichever is earlier. The day on receipt of the Gold deposit amount, the Authorized Participant may place an which the Fund receives a valid Custodian, after receiving appropriate order with the Fund to redeem one or purchase order is the purchase order instructions from the Authorized more Creation Units. Redemption orders date. By placing a purchase order, an Participant and the Fund, will transfer must be placed by 10:00 a.m. or the Authorized Participant agrees to deposit on the third Business Day following the close of regular trading on NYSE Arca, Gold with the Fund, or a combination purchase order date the Gold deposit whichever is earlier. A redemption of Gold and cash, if any, as described amount from the Authorized Participant order so received is effective on the date below.27 Prior to the delivery of Unallocated Account to the Fund it is received in satisfactory form by the Creation Units for a purchase order, the Unallocated Account and the Fund. An Authorized Participant may Authorized Participant must also have Administrator will direct the Depository be required to pay a transaction fee per wired to the Fund the non-refundable Trust Company (‘‘DTC’’) to credit the order to create or redeem Creation Units as will be set forth in the Registration transaction fee due for the purchase number of Creation Units ordered to the Statement. order. Authorized Participant’s DTC account. The redemption distribution from the The total deposit of Gold (and cash, The expense and risk of delivery, Fund consists of a credit in the amount if any) required to create each Creation ownership and safekeeping of Gold of the Creation Unit Gold Delivery Unit is referred to as the ‘‘Creation Unit until such Gold has been received by Amount to the Authorized Participant Gold Delivery Amount.’’ The Creation the Fund will be borne solely by the Unallocated Account of the redeeming Unit Gold Delivery Amount is the Authorized Participant. If Gold is to be Authorized Participant. The Creation number of ounces of Gold required to be delivered other than as described above, Unit Delivery Amount for redemptions delivered to the Fund by an Authorized the Sponsor is authorized to establish is the number of ounces of Gold held by Participant in connection with a such procedures and to appoint such the Fund associated with the Shares creation order for a single Creation custodians and establish such custody being redeemed plus, or minus, the cash Unit.28 The Creation Unit Gold Delivery accounts as the Sponsor determines to redemption amount (if any). The Amount will be determined on the be desirable. Sponsor anticipates that in the ordinary Business Day following the date such Acting on standing instructions given course of the Fund’s operations there creation order is accepted. It is by the Fund, the Custodian will transfer will be no cash distributions made to calculated by multiplying the number of the Gold deposit amount from the Fund Authorized Participants upon Shares in a Creation Unit by the number Unallocated Account to the Fund’s redemptions. In addition, because the of ounces of Gold (at the LBMA Gold allocated account by allocating to the allocated account specific bars of Gold Gold to be paid out in connection with Price PM) associated with Fund Shares from unallocated bars which the the redemption order will decrease the on the Business Day the creation order Custodian holds or instructing a amount of Gold subject to the Gold is accepted. In addition, because the subcustodian to allocate specific bars of Delivery Agreement, the Creation Unit Gold Delivery Amount for the Fund Gold from unallocated bars held by or Gold Delivery Amount reflects the cost for the subcustodian. The Gold bars in to the Gold Delivery Provider of resizing 27 The Sponsor anticipates that in the ordinary course of the Fund’s operations cash generally will an allocated Gold account are specific to (i.e., decreasing) its positions so that it not be part of any Creation Unit. that account and are identified by a list can fulfill its obligations under the Gold 28 The ‘‘Creation Unit Gold Delivery Amount’’ is which shows, for each Gold bar, the Delivery Agreement. also used to refer to the number of ounces of Gold refiner, assay or fineness, serial number The redemption distribution due from to be paid by the Fund to an Authorized Participant in connection with the redemption of a Creation and gross and fine weight. Gold held in the Fund is delivered to the Authorized Unit. See ‘‘Redemption Procedures—Authorized the Fund’s allocated account is the Participant on the third Business Day Participants’’ herein. property of the Fund and is not traded, following the redemption order date if,

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55680 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

by 9:00 a.m., E.T. on such third practical purposes, not feasible to delayed information regarding the spot Business Day, the Fund’s DTC account process. price of Gold and last sale prices of Gold has been credited with the Creation futures, as well as information about Secondary Market Trading Units to be redeemed. If the news and developments in the gold Administrator’s DTC account has not While the Fund’s investment market. Reuters and Bloomberg also been credited with all of the Creation objective is for the Shares to reflect the offer a professional service to Units to be redeemed by such time, the performance of Gold bullion in terms of subscribers for a fee that provides redemption distribution is delivered to the Reference Currencies reflected in the information on Gold prices directly the extent of whole Creation Units Index, less the expenses of the Fund, the from market participants. Complete real- received. Any remainder of the Shares may trade in the secondary time data for Gold futures and options redemption distribution is delivered on market at prices that are lower or higher prices traded on the COMEX are the next Business Day to the extent of relative to their NAV per Share. The available by subscription from Reuters remaining whole Creation Units amount of the discount or premium in and Bloomberg. There are a variety of received if the Administrator receives the trading price relative to the NAV per other public Web sites providing the fee applicable to the extension of the Share may be influenced by non- information on gold, ranging from those redemption distribution date which the concurrent trading hours between the specializing in precious metals to sites Administrator may, from time to time, NYSE Arca and the COMEX, London, maintained by major newspapers. In determine and the remaining Creation Zurich and Singapore. While the Shares addition, the LBMA Gold Price is Units to be redeemed are credited to the will trade on NYSE Arca until 8:00 p.m., publicly available at no charge at Administrator’s DTC account by 9:00 E.T., liquidity in the global gold market www.lbma.org.uk. a.m., E.T. on such next Business Day. will be reduced after the close of the In addition, Reuters and Bloomberg, Any further outstanding amount of the COMEX at 1:30 p.m., E.T. As a result, for example, provide at no charge on redemption order will be cancelled. The during this time, trading spreads, and their Web sites delayed information Administrator is also authorized to the resulting premium or discount, on regarding the spot price of each deliver the redemption distribution the Shares may widen. Reference Currency, as well as notwithstanding that the Creation Units Fund Expenses information about news and to be redeemed are not credited to the developments in the currency markets. Administrator’s DTC account by 9:00 The Sponsor will receive an annual Reuters and Bloomberg also offer a a.m., Eastern time (‘‘E.T.’’) on the third fee equal to 0.50% of the daily NAV of professional service to subscribers for a Business Day following the redemption the Fund. In return the Sponsor will be fee that provides information on order date if the Authorized Participant responsible for the payment of the currency transactions directly from has collateralized its obligation to ordinary fees and expenses of the Fund, market participants. Complete real-time deliver the Creation Units through including the Administrator’s fee, the data for currency transactions are DTC’s book entry system on such terms Custodian’s fee, the Gold Delivery available by subscription from Reuters as the Sponsor and the Administrator Provider’s fee, and the Index Provider’s and Bloomberg. There are a variety of may from time to time agree upon. fee. This will be the case regardless of other public Web sites providing whether the ordinary expenses of the The Custodian transfers the information about the Reference Fund exceed 0.50% of the daily NAV of redemption Gold amount from the Currencies and currency transactions, the Fund. The Sponsor’s fee is expected Fund’s allocated account to the Fund’s ranging from those specializing in to be the only ordinary recurring unallocated account and, thereafter, to currency trading to sites maintained by expense of the Fund. the redeeming Authorized Participant’s major newspapers. Availability of Information Regarding Authorized Participant Unallocated Availability of Information Account. Gold and Reference Currency Prices The Fund Web site will provide an The Fund may, in its discretion, Currently, the Consolidated Tape Plan intraday indicative value (‘‘IIV’’) per suspend the right of redemption, or does not provide for dissemination of share for the Shares updated every 15 postpone the redemption settlement the spot price of a commodity, such as seconds, as calculated by the Exchange date for: (1) Any period during which gold, or the spot price of the Reference or a third party financial data provider NYSE Arca is closed other than Currencies, over the Consolidated Tape. during the Exchange’s Core Trading customary weekend or holiday closings, However, there will be disseminated Session (9:30 a.m. to 4:00 p.m., E.T. The or trading on NYSE Arca is suspended over the Consolidated Tape the last sale IIV will be calculated based on the or restricted; (2) any period during price for the Shares, as is the case for amount of Gold required for creations which an emergency exists as a result of all equity securities traded on the and redemptions and (i) a price of Gold which delivery, disposal or evaluation Exchange (including exchange-traded derived from updated bids and offers of Gold is not reasonably practicable; or funds). In addition, there is a indicative of the spot price of Gold, and (3) such other period as the Fund or considerable amount of information (ii) intra-day exchange rates for each Sponsor determines to be necessary for about gold and currency prices and gold Reference Currency against the U.S. the protection of the Shareholders. and currency markets available on dollar.29 The Fund will reject a redemption public Web sites and through The Fund Web site will also order if (i) the order is not in proper professional and subscription services. provide the Creation Basket Deposit and form as described in the Participant Investors may obtain on a 24-hour the NAV of the Fund as calculated each Agreement, (ii) the fulfillment of the basis gold pricing information based on Business Day by the Sponsor. order, in the opinion of its counsel, the spot price for an ounce of Gold and In addition, the Web site for the Fund might be unlawful, (iii) the order would pricing information for the Reference will contain the following information, have adverse tax consequences to the Currencies from various financial on a per Share basis, for the Fund: (a) Fund or its Shareholders or (iv) information service providers, such as 29 The IIV on a per Share basis disseminated circumstances outside the control of the Reuters and Bloomberg. during the Core Trading Session should not be Administrator, the Sponsor or the Reuters and Bloomberg, for example, viewed as a real-time update of the NAV, which is Custodian make the redemption, for all provide at no charge on their Web sites calculated once a day.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55681

The mid-point of the bid-ask price 30 at Arca Equities Rule 7.6, Commentary .03, rule.31 The Exchange will halt trading in the close of trading in relation to the the minimum price variation (‘‘MPV’’) the Shares if the NAV of the Trust is not NAV as of the time the NAV is for quoting and entry of orders in equity calculated or disseminated daily. The calculated (‘‘Bid/Ask Price’’), and a securities traded on the NYSE Arca Exchange may halt trading during the calculation of the premium or discount Marketplace is $0.01, with the exception day in which an interruption occurs to of such price against such NAV; and (b) of securities that are priced less than the dissemination of the IIV, as data in chart format displaying the $1.00 for which the MPV for order entry described above. If the interruption to frequency distribution of discounts and is $0.0001. the dissemination of the IIV persists premiums of the Bid/Ask Price against Further, NYSE Arca Equities Rule past the trading day in which it occurs, the NAV, within appropriate ranges, for 8.201 sets forth certain restrictions on the Exchange will halt trading no later each of the four previous calendar ETP Holders acting as registered Market than the beginning of the trading day quarters. The Web site for the Fund will Makers in the Shares to facilitate following the interruption. also provide the Fund’s prospectus, as surveillance. Pursuant to NYSE Arca Surveillance well as the two most recent reports to Equities Rule 8.201(g), an ETP Holder stockholders. Finally, the Fund Web site acting as a registered Market Maker in The Exchange represents that trading will provide the last sale price of the the Shares is required to provide the in the Shares will be subject to the Shares as traded in the U.S. market. In Exchange with information relating to existing trading surveillances, addition, the Exchange will make its trading in the underlying gold, administered by the Financial Industry available over the Consolidated Tape related futures or options on futures, or Regulatory Authority (‘‘FINRA’’) on quotation information, trading volume, any other related derivatives. behalf of the Exchange, which are closing prices and NAV for the Shares Commentary .04 of NYSE Arca Equities designed to detect violations of from the previous day. The LBMA Gold Rule 6.3 requires an ETP Holder acting Exchange rules and applicable federal Price is publicly available at no charge as a registered Market Maker, and its securities laws.32 The Exchange at www.lbma.org.uk. The Index value affiliates, in the Shares to establish, represents that these procedures are will be calculated daily using the daily maintain and enforce written policies adequate to properly monitor Exchange LBMA Gold Price PM and the Spot Rate and procedures reasonably designed to trading of the Shares in all trading as of 4:00 p.m., London time. The Index prevent the misuse of any material sessions and to deter and detect value will be available from major nonpublic information with respect to violations of Exchange rules and federal market data vendors. The FX PnL per such products, any components of the securities laws applicable to trading on Ounce, the Net FX PnL Amount, and the related products, any physical asset or the Exchange. The surveillances referred Gold Delivery Amount will be available commodity underlying the product, to above generally focus on detecting from the Fund’s Web site. applicable currencies, underlying securities trading outside their normal indexes, related futures or options on patterns, which could be indicative of Criteria for Initial and Continued Listing futures, and any related derivative manipulative or other violative activity. The Fund will be subject to the instruments (including the Shares). When such situations are detected, criteria in NYSE Arca Equities Rule As a general matter, the Exchange has surveillance analysis follows and 8.201(e) for initial and continued listing regulatory jurisdiction over its ETP investigations are opened, where of the Shares. Holders and their associated persons, appropriate, to review the behavior of A minimum of 100,000 Shares will be which include any person or entity all relevant parties for all relevant required to be outstanding at the start of controlling an ETP Holder. A subsidiary trading violations. trading. The minimum number of shares or affiliate of an ETP Holder that does FINRA, on behalf of the Exchange, required to be outstanding is business only in commodities or futures will communicate as needed regarding comparable to requirements that have contracts would not be subject to trading in the Shares with other markets been applied to previously listed shares Exchange jurisdiction, but the Exchange and other entities that are members of of the Sprott Physical Gold Trust, ETFS could obtain information regarding the the ISG, and FINRA, on behalf of the Trusts, streetTRACKS Gold Trust, the activities of such subsidiary or affiliate Exchange, may obtain trading iShares COMEX Gold Trust, and the through surveillance sharing agreements information regarding trading in the iShares Silver Trust. The Exchange with regulatory organizations of which Shares from such markets and other believes that the anticipated minimum such subsidiary or affiliate is a member. entities. In addition, the Exchange may number of Shares outstanding at the With respect to trading halts, the obtain information regarding trading in start of trading is sufficient to provide Exchange may consider all relevant the Shares from markets and other adequate market liquidity. factors in exercising its discretion to entities that are members of ISG or with halt or suspend trading in the Shares. Trading Rules which the Exchange has in place a Trading on the Exchange in the Shares comprehensive surveillance sharing The Exchange deems the Shares to be may be halted because of market agreement.33 equity securities, thus rendering trading conditions or for reasons that, in the Also, pursuant to NYSE Arca Equities in the Fund subject to the Exchange’s view of the Exchange, make trading in Rule 8.201(g), the Exchange is able to existing rules governing the trading of the Shares inadvisable. These may obtain information regarding trading in equity securities. Trading in the Shares include: (1) The extent to which the Shares and the underlying gold, gold on the Exchange will occur in conditions in the underlying gold futures contracts, options on gold accordance with NYSE Arca Equities market have caused disruptions and/or futures, or any other gold derivative, Rule 7.34(a). The Exchange has lack of trading, or (2) whether other through ETP Holders acting as appropriate rules to facilitate unusual conditions or circumstances transactions in the Shares during all detrimental to the maintenance of a fair 31 See NYSE Arca Equities Rule 7.12. trading sessions. As provided in NYSE and orderly market are present. In 32 FINRA surveils trading on the Exchange addition, trading in Shares will be pursuant to a regulatory services agreement. The 30 Exchange is responsible for FINRA’s performance The bid-ask price of the Trust is determined subject to trading halts caused by using the highest bid and lowest offer on the under this regulatory services agreement. Consolidated Tape as of the time of calculation of extraordinary market volatility pursuant 33 For a list of the current members of ISG, see the closing day NAV. to the Exchange’s ‘‘circuit breaker’’ www.isgportal.org.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55682 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

registered Market Makers, in connection 2. Statutory Basis charge at www.lbma.org.uk. The Fund’s with such ETP Holders’ proprietary or The basis under the Act for this Web site will also provide the Fund’s customer trades through ETP Holders proposed rule change is the requirement prospectus, as well as the two most which they effect on any relevant under section 6(b)(5) 34 that an exchange recent reports to stockholders. In market. In addition, the Exchange also have rules that are designed to prevent addition, the Exchange will make has a general policy prohibiting the fraudulent and manipulative acts and available over the Consolidated Tape distribution of material, non-public practices, to promote just and equitable quotation information, trading volume, information by its employees. principles of trade, to remove closing prices and NAV for the Shares from the previous day. Information Bulletin impediments to, and perfect the mechanism of a free and open market The proposed rule change is designed Prior to the commencement of and, in general, to protect investors and to perfect the mechanism of a free and trading, the Exchange will inform its the public interest. open market and, in general, to protect ETP Holders in an Information Bulletin The Exchange believes that the investors and the public interest in that of the special characteristics and risks proposed rule change is designed to it will facilitate the listing and trading associated with trading the Shares. prevent fraudulent and manipulative of an additional type of exchange-traded Specifically, the Information Bulletin acts and practices in that the Shares will product that will enhance competition will discuss the following: (1) The be listed and traded on the Exchange among market participants, to the procedures for purchases and pursuant to the initial and continued benefit of investors and the marketplace. redemptions of Shares in Baskets listing criteria in NYSE Arca Equities As noted above, the Exchange has in (including noting that Shares are not Rule 8.201. The Exchange has in place place surveillance procedures relating to individually redeemable); (2) NYSE surveillance procedures that are trading in the Shares and may obtain Arca Equities Rule 9.2(a), which adequate to properly monitor trading in information via ISG from other imposes a duty of due diligence on its the Shares in all trading sessions and to exchanges that are members of ISG or ETP Holders to learn the essential facts deter and detect violations of Exchange with which the Exchange has entered relating to every customer prior to rules and applicable federal securities into a comprehensive surveillance trading the Shares; (3) how information laws. The Exchange may obtain sharing agreement. In addition, as noted regarding the IIV is disseminated; (4) the information via ISG from other above, investors will have ready access requirement that ETP Holders deliver a exchanges that are members of ISG or to information regarding gold pricing. prospectus to investors purchasing with which the Exchange has entered newly issued Shares prior to or B. Self-Regulatory Organization’s into a comprehensive surveillance Statement on Burden on Competition concurrently with the confirmation of a sharing agreement. transaction; (5) the possibility that The proposed rule change is designed The Exchange does not believe that trading spreads and the resulting to promote just and equitable principles the proposed rule change will impose premium or discount on the Shares may of trade and to protect investors and the any burden on competition that is not widen as a result of reduced liquidity of public interest in that there is a necessary or appropriate in furtherance gold trading during the Core and Late considerable amount of gold price and of the purposes of the Act. The Trading Sessions after the close of the gold market information available on Exchange believes the proposed rule major world gold markets; and (6) public Web sites and through change will enhance competition by trading information. For example, the professional and subscription services. accommodating Exchange trading of an Information Bulletin will advise ETP Investors may obtain on a 24-hour basis additional exchange-traded product Holders, prior to the commencement of gold pricing information based on the relating to physical gold. trading, of the prospectus delivery spot price for an ounce of gold from requirements applicable to the Fund. various financial information service C. Self-Regulatory Organization’s The Exchange notes that investors providers. Investors may obtain gold Statement on Comments on the purchasing Shares directly from the pricing information based on the spot Proposed Rule Change Received from Fund (by delivery of the Creation Basket price for an ounce of gold from various Members, Participants, or Others Deposit) will receive a prospectus. ETP financial information service providers. No written comments were solicited Holders purchasing Shares from the Current spot prices also are generally or received with respect to the proposed Fund for resale to investors will deliver available with bid/ask spreads from gold rule change. a prospectus to such investors. bullion dealers. In addition, the Fund’s In addition, the Information Bulletin Web site will provide pricing III. Date of Effectiveness of the will reference that the Fund is subject information for gold spot prices and the Proposed Rule Change and Timing for to various fees and expenses as will be Shares. Market prices for the Shares will Commission Action described in the Registration Statement. be available from a variety of sources Within 45 days of the date of The Information Bulletin will also including brokerage firms, information reference the fact that there is no publication of this notice in the Federal Web sites and other information service Register or within such longer period regulated source of last sale information providers. The NAV of the Fund will be regarding physical gold, that the up to 90 days (i) as the Commission may published by the Sponsor on each day designate if it finds such longer period Commission has no jurisdiction over the that the NYSE Arca is open for regular trading of gold as a physical commodity, to be appropriate and publishes its trading and will be posted on the Fund’s reasons for so finding or (ii) as to which and that the CFTC has regulatory Web site. The IIV relating to the Shares jurisdiction over the trading of gold the self-regulatory organization will be widely disseminated by one or consents, the Commission will: futures contracts and options on gold more major market data vendors at least futures contracts. every 15 seconds during the Core (A) by order approve or disapprove The Information Bulletin will also Trading Session. In addition, the LBMA the proposed rule change, or discuss any relief, if granted, by the Gold Price is publicly available at no (B) institute proceedings to determine Commission or the staff from any rules whether the proposed rule change under the Act. 34 15 U.S.C. 78f(b)(5). should be disapproved.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55683

IV. Solicitation of Comments For the Commission, by the Division of request a hearing by writing to the Trading and Markets, pursuant to delegated Commission’s Secretary and serving Interested persons are invited to authority.35 applicants with a copy of the request, submit written data, views, and Brent J. Fields, personally or by mail. Hearing requests arguments concerning the foregoing, Secretary. should be received by the Commission including whether the proposed rule [FR Doc. 2015–23284 Filed 9–15–15; 8:45 am] by 5:30 p.m. on October 2, 2015, and change is consistent with the Act. BILLING CODE 8011–01–P should be accompanied by proof of Comments may be submitted by any of service on applicants, in the form of an the following methods: affidavit, or for lawyers, a certificate of SECURITIES AND EXCHANGE service. Pursuant to rule 0–5 under the Electronic Comments COMMISSION Act, hearing requests should state the • Use the Commission’s Internet [Investment Company Act Release No. IC– nature of the writer’s interest, any facts comment form (http://www.sec.gov/ 31820; 812–14474] bearing upon the desirability of a rules/sro.shtml); or hearing on the matter, the reason for the • AlphaClone, Inc., et al.; Notice of request, and the issues contested. Send an email to rule-comments@ Application Persons who wish to be notified of a sec.gov. Please include File Number SR– hearing may request notification by NYSEArca–2015–76 on the subject line. September 11, 2015. writing to the Commission’s Secretary. AGENCY: Securities and Exchange ADDRESSES: Secretary, Securities and Paper Comments Commission (‘‘Commission’’). Exchange Commission, 100 F Street NE., • Send paper comments in triplicate ACTION: Notice of an application for an Washington, DC 20549–1090; to Secretary, Securities and Exchange order under section 6(c) of the Applicants: AlphaClone, One Market Commission, 100 F Street NE., Investment Company Act of 1940 (the Street, Steuart Towar, Suite 1208, San Washington, DC 20549–1090. ‘‘Act’’) for an exemption from sections Francisco, California 94105; The Trust 2(a)(32), 5(a)(1), 22(d), and 22(e) of the and Quasar, 615 East Michigan Street, All submissions should refer to File Act and rule 22c–1 under the Act, under 4th Floor, Milwaukee, Wisconsin 53202. Number SR–NYSEArca–2015–76. This sections 6(c) and 17(b) of the Act for an FOR FURTHER INFORMATION CONTACT: file number should be included on the exemption from sections 17(a)(1) and James D. McGinnis, Attorney/Advisor, subject line if email is used. To help the 17(a)(2) of the Act, and under section at (202) 551–3025, or Melissa R. Harke, Commission process and review your 12(d)(1)(J) for an exemption from Branch Chief, at (202) 551–6722 sections 12(d)(1)(A) and 12(d)(1)(B) of comments more efficiently, please use (Division of Investment Management, the Act. only one method. The Commission will Chief Counsel’s Office). post all comments on the Commission’s SUMMARY: Summary of Application: SUPPLEMENTARY INFORMATION: The Internet Web site (http://www.sec.gov/ Applicants request an order that would following is a summary of the rules/sro.shtml). Copies of the permit (a) series of certain open-end application. The complete application submission, all subsequent management investment companies to may be obtained via the Commission’s amendments, all written statements issue shares (‘‘Shares’’) redeemable in Web site by searching for the file with respect to the proposed rule large aggregations only (‘‘Creation number, or for an applicant using the change that are filed with the Units’’); (b) secondary market Company name box, at http:// Commission, and all written transactions in Shares to occur at www.sec.gov/search/search.htm or by communications relating to the negotiated market prices rather than at calling (202) 551–8090. proposed rule change between the net asset value (‘‘NAV’’); (c) certain Applicants’ Representations Commission and any person, other than series to pay redemption proceeds, those that may be withheld from the under certain circumstances, more than 1. The Trust is a Delaware statutory public in accordance with the seven days after the tender of Shares for trust and is registered under the Act as provisions of 5 U.S.C. 552, will be redemption; (d) certain affiliated an open-end management investment available for Web site viewing and persons of the series to deposit company with multiple series. Each printing in the Commission’s Public securities into, and receive securities series will operate as an exchange Reference Room, 100 F Street NE., from, the series in connection with the traded fund (‘‘ETF’’). Washington, DC 20549 on official purchase and redemption of Creation 2. AlphaClone will be the investment business days between the hours of Units; and (e) certain registered adviser to the new series of the Trust (‘‘Initial Fund’’). Each Adviser (as 10:00 a.m. and 3:00 p.m. Copies of such management investment companies and defined below) will be registered as an filing also will be available for unit investment trusts outside of the same group of investment companies as investment adviser under the inspection and copying at the principal Investment Advisers Act of 1940 office of the Exchange. All comments the series to acquire Shares. Applicants: AlphaClone, Inc. (‘‘Advisers Act’’). The Adviser may received will be posted without change; (‘‘AlphaClone’’), ETF Series Solutions enter into sub-advisory agreements with the Commission does not edit personal (‘‘Trust’’) and Quasar Distributors, LLC one or more investment advisers to act identifying information from (‘‘Quasar’’). as sub-advisers to particular Funds submissions. You should submit only Filing Dates: The application was (each, a ‘‘Sub-Adviser’’). Any Sub- information that you wish to make filed on May 26, 2015, and amended on Adviser will either be registered under available publicly. All submissions August 18, 2015. the Advisers Act or will not be required should refer to File Number SR– Hearing or Notification of Hearing: An to register thereunder. NYSEArca–2015–76, and should be order granting the requested relief will 3. The Trust will enter into a submitted on or before October 7, 2015. be issued unless the Commission orders distribution agreement with one or more a hearing. Interested persons may distributors. Each distributor for a Fund will be a broker-dealer (‘‘Broker’’) 35 17 CFR 200.30–3(a)(12). registered under the Securities

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55684 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Exchange Act of 1934 (‘‘Exchange Act’’) Foreign Funds, Component Securities The information provided on the Web and will act as distributor and principal and Depositary Receipts 3 representing site will be formatted to be reader- underwriter (‘‘Distributor’’) for one or Component Securities. Each Fund may friendly. more of the Funds. No Distributor will also invest up to 20% of its assets in 8. A Fund will utilize either a be affiliated with any national securities certain index futures, options, options replication or representative sampling exchange, as defined in Section 2(a)(26) on index futures, swap contracts or strategy to track its Underlying Index. A of the Act (‘‘Exchange’’). The Distributor other derivatives, as related to its Fund using a replication strategy will for each Fund will comply with the respective Underlying Index and its invest in the Component Securities of terms and conditions of the requested Component Securities, cash and cash its Underlying Index in the same order. Quasar, a Delaware limited equivalents, other investment approximate proportions as in such liability company and broker-dealer companies, as well as in securities and Underlying Index. A Fund using a registered under the Exchange Act, will other instruments not included in its representative sampling strategy will act as the initial Distributor of the Underlying Index but which the Adviser hold some, but not necessarily all of the Funds. believes will help the Fund track its Component Securities of its Underlying 4. Applicants request that the order Underlying Index. A Fund may also Index. Applicants state that a Fund apply to the Initial Fund and any engage in short sales in accordance with using a representative sampling strategy additional series of the Trust, and any its investment objective. will not be expected to track the other open-end management investment 7. Each Trust may issue Funds that performance of its Underlying Index company or series thereof, that may be seek to track Underlying Indexes with the same degree of accuracy as created in the future (‘‘Future Funds’’ constructed using 130/30 investment would an investment vehicle that and together with the Initial Fund, strategies (‘‘130/30 Funds’’) or other invested in every Component Security ‘‘Funds’’), each of which will operate as long/short investment strategies (‘‘Long/ of the Underlying Index with the same an ETF and will track a specified index Short Funds’’). Each Long/Short Fund weighting as the Underlying Index. comprised of domestic or foreign equity will establish (i) exposures equal to Applicants expect that each Fund will and/or fixed income securities (each, an approximately 100% of the long have an annual tracking error relative to ‘‘Underlying Index’’). Any Future Fund positions specified by the Long/Short the performance of its Underlying Index will (a) be advised by AlphaClone or an Index 4 and (ii) exposures equal to of less than 5%. entity controlling, controlled by, or approximately 100% of the short 9. Each Fund will be entitled to use under common control with positions specified by the Long/Short its Underlying Index pursuant to either AlphaClone (each, an ‘‘Adviser’’) and Index. Each 130/30 Fund will include a licensing agreement with the entity (b) comply with the terms and strategies that: (i) Establish long that compiles, creates, sponsors or conditions of the application.1 positions in securities so that total long maintains the Underlying Index (each, an ‘‘Index Provider’’) or a sub-licensing 5. Each Fund will hold certain exposure represents approximately arrangement with the Adviser, which securities, currencies, other assets, and 130% of a Fund’s net assets; and (ii) will have a licensing agreement with other investment positions (‘‘Portfolio simultaneously establish short positions such Index Provider.6 A ‘‘Self-Indexing Holdings’’) selected to correspond in other securities so that total short Fund’’ is a Fund for which an affiliated generally to the performance of its exposure represents approximately 30% person, as defined in section 2(a)(3) of Underlying Index. The Underlying of such Fund’s net assets. Each Business the Act (‘‘Affiliated Person’’), or an Indexes will be comprised solely of Day, for each Long/Short Fund and 130/ affiliated person of an Affiliated Person equity and/or fixed income securities 30 Fund, the Adviser will provide full (‘‘Second-Tier Affiliate’’), of the Trust or issued by one or more of the following portfolio transparency on the Fund’s a Fund, of the Adviser, of any Sub- categories of issuers: (i) Domestic publicly available Web site (‘‘Web site’’) issuers and (ii) non-domestic issuers Adviser to or promoter of a Fund, or of by making available the Fund’s Portfolio the Distributor (each, an ‘‘Affiliated meeting the requirements for trading in Holdings (defined below) before the U.S. markets. Other Funds will be based Index Provider’’) will serve as the Index commencement of trading of Shares on Provider. In the case of Self-Indexing on Underlying Indexes that will be the Listing Exchange (defined below).5 comprised solely of foreign and Funds, an Affiliated Index Provider will create a proprietary, rules-based domestic, or solely foreign, equity and/ The actual pools delivered generally are determined or fixed income securities (‘‘Foreign two days prior to settlement date. methodology to create Underlying 7 Funds’’). 3 Depositary receipts representing foreign Indexes (each an ‘‘Affiliated Index’’). 6. Applicants represent that each securities (‘‘Depositary Receipts’’) include Fund will invest at least 80% of its American Depositary Receipts and Global able to disclose at the beginning of the Business Day Depositary Receipts. The Funds may invest in the portfolio that will form the basis for the NAV assets (excluding securities lending Depositary Receipts representing foreign securities calculation at the end of the Business Day. collateral) in the component securities in which they seek to invest. Depositary Receipts 6 The licenses for the Self-Indexing Funds will of its respective Underlying Index are typically issued by a financial institution (a specifically state that the Affiliated Index Provider ‘‘depositary bank’’) and evidence ownership (as defined below), or in case of a sub-licensing (‘‘Component Securities’’) and TBA interests in a security or a pool of securities that 2 agreement, the Adviser, must provide the use of the Transactions, and in the case of have been deposited with the depositary bank. A Affiliated Indexes (as defined below) and related Fund will not invest in any Depositary Receipts that intellectual property at no cost to the Trust and the 1 All existing entities that intend to rely on the the Adviser or any Sub-Adviser deems to be illiquid Self-Indexing Funds. requested order have been named as applicants. or for which pricing information is not readily 7 The Affiliated Indexes may be made available to Any other existing or future entity that available. No affiliated person of a Fund, the registered investment companies, as well as subsequently relies on the order will comply with Adviser or any Sub-Adviser will serve as the separately managed accounts of institutional the terms and conditions of the order. A Fund of depositary bank for any Depositary Receipts held by investors and privately offered funds that are not Funds (as defined below) may rely on the order a Fund. deemed to be ‘‘investment companies’’ in reliance only to invest in Funds and not in any other 4 Underlying Indexes that include both long and on section 3(c)(1) or 3(c)(7) of the Act for which the registered investment company. short positions in securities are referred to as Adviser acts as adviser or subadviser (‘‘Affiliated 2 A ‘‘to-be-announced transaction’’ or ‘‘TBA ‘‘Long/Short Indexes.’’ Accounts’’) as well as other such registered Transaction’’ is a method of trading mortgage- 5 Under accounting procedures followed by each investment companies, separately managed backed securities. In a TBA Transaction, the buyer Fund, trades made on the prior Business Day (‘‘T’’) accounts and privately offered funds for which it and seller agree upon general trade parameters such will be booked and reflected in NAV on the current does not act either as adviser or subadviser as agency, settlement date, par amount and price. Business Day (T+1). Accordingly, the Funds will be (‘‘Unaffiliated Accounts’’). The Affiliated Accounts

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55685

Except with respect to the Self-Indexing Advisers Act, written policies and of whether the Affiliated Index Provider Funds, no Index Provider is or will be procedures designed to prevent is a type of affiliate specified in Item 10. an Affiliated Person, or a Second-Tier violations of the Advisers Act and the 14. To the extent the Self-Indexing Affiliate, of a Trust or a Fund, of the rules thereunder. These include policies Funds transact with an Affiliated Person Adviser, of any Sub-Adviser to or and procedures designed to minimize of the Adviser or Sub-Adviser, such promoter of a Fund, or of the potential conflicts of interest among the transactions will comply with the Act, Distributor. Self-Indexing Funds and the Affiliated the rules thereunder and the terms and 10. Applicants recognize that Self- Accounts, such as cross trading policies, conditions of the requested order. In Indexing Funds could raise concerns as well as those designed to ensure the this regard, each Self-Indexing Fund’s regarding the ability of the Affiliated board of directors or trustees (‘‘Board’’) equitable allocation of portfolio Index Provider to manipulate the will periodically review the Self- transactions and brokerage Underlying Index to the benefit or Indexing Fund’s use of an Affiliated commissions. In addition, AlphaClone detriment of the Self-Indexing Fund. Index Provider. Subject to the approval Applicants further recognize the will adopt policies and procedures as of the Self-Indexing Fund’s Board, the potential for conflicts that may arise required under section 204A of the Adviser, Affiliated Persons of the with respect to the personal trading Advisers Act, which are reasonably Adviser (‘‘Adviser Affiliates’’) and activity of personnel of the Affiliated designed in light of the nature of its Affiliated Persons of any Sub-Adviser Index Provider who have knowledge of business to prevent the misuse, in (‘‘Sub-Adviser Affiliates’’) may be changes to an Underlying Index prior to violation of the Advisers Act or the authorized to provide custody, fund the time that information is publicly Exchange Act or the rules thereunder, of accounting and administration and disseminated. material non-public information by the transfer agency services to the Self- 11. Applicants propose that each Self- ETS Securities or an associated person Indexing Funds. Any services provided Indexing Fund will post on its Web site, (‘‘Inside Information Policy’’). Any other by the Adviser, Adviser Affiliates, Sub- on each day the Fund is open, including Adviser or Sub-Adviser will be required Adviser and Sub-Adviser Affiliates will any day when it satisfies redemption to adopt and maintain a similar Inside be performed in accordance with the requests as required by Section 22(e) of Information Policy. In accordance with provisions of the Act, the rules under the Act (a ‘‘Business Day’’), before the Code of Ethics 9 and Inside the Act and any relevant guidelines commencement of trading of Shares on Information Policy of the Adviser and from the staff of the Commission. the Listing Exchange, the identities and any Sub-Adviser, personnel of those Applications for prior orders granted to quantities of the Portfolio Holdings that entities with knowledge about the Self-Indexing Funds have received relief will form the basis for the Fund’s composition of the Portfolio Deposit 10 to operate such funds on the basis 12 calculation of its NAV at the end of the will be prohibited from disclosing such discussed above. Business Day. Applicants believe that information to any other person, except 15. The Shares of each Fund will be requiring Self-Indexing Funds to purchased and redeemed in Creation as authorized in the course of their maintain full portfolio transparency will Units and generally on an in-kind basis. employment, until such information is also provide an additional mechanism Except where the purchase or made public. In addition, an Index for addressing any such potential redemption will include cash under the conflicts of interest. Provider will not provide any limited circumstances specified below, 12. In addition, Applicants do not information relating to changes to an purchasers will be required to purchase believe the potential for conflicts of Underlying Index’s methodology for the Creation Units by making an in-kind interest raised by the Adviser’s use of inclusion of component securities, the deposit of specified instruments the Underlying Indexes in connection inclusion or exclusion of specific (‘‘Deposit Instruments’’), and with the management of the Self component securities, or methodology shareholders redeeming their Shares Indexing Funds and the Affiliated for the calculation or the return of will receive an in-kind transfer of Accounts will be substantially different component securities, in advance of a specified instruments (‘‘Redemption from the potential conflicts presented by public announcement of such changes Instruments’’).13 On any given Business an adviser managing two or more by the Index Provider.11 The Adviser Day, the names and quantities of the registered funds. Both the Act and the will also include under Item 10.C of Part instruments that constitute the Deposit Advisers Act contain various 2 of its Form ADV a discussion of its Instruments and the names and protections to address conflicts of relationship to any Affiliated Index quantities of the instruments that interest where an adviser is managing Provider and any material conflicts of two or more registered funds and these interest resulting therefrom, regardless 12 See, e.g., FFI Advisors, LLC, et al., Investment protections will also help address these Company Act Release No. 31669 (June 15, 2015) (notice) and 31713 (July 13, 2015) (order); Diamond conflicts with respect to the Self- 9 The Adviser has also adopted or will adopt a Hill Capital Management, Inc., et al., Investment Indexing Funds.8 code of ethics pursuant to Rule 17j–1 under the Act Company Act Release No. 31433 (January 28, 2015) 13. Each Adviser and any Sub- and Rule 204A–1 under the Advisers Act, which (notice) and 31472 (February 24, 2015) (order); ETF Adviser has adopted or will adopt, contains provisions reasonably necessary to prevent Securities Advisors LLC, et al., Investment Access Persons (as defined in Rule 17j–1) from Company Act Release No. 31346 (November 24, pursuant to Rule 206(4)–7 under the engaging in any conduct prohibited in Rule 17j–1 2014) (notice) and 31395 (December 22, 2014) (‘‘Code of Ethics’’). (order). and the Unaffiliated Accounts, like the Funds, 10 The instruments and cash that the purchaser is 13 The Funds must comply with the federal would seek to track the performance of one or more required to deliver in exchange for the Creation securities laws in accepting Deposit Instruments Underlying Index(es) by investing in the Units it is purchasing are referred to as the and satisfying redemptions with Redemption constituents of such Underlying Indexes or a ‘‘Portfolio Deposit.’’ Instruments, including that the Deposit Instruments representative sample of such constituents of the 11 In the event that an Adviser or Sub-Adviser and Redemption Instruments are sold in Underlying Index. Consistent with the relief serves as the Affiliated Index Provider for a Self- transactions that would be exempt from registration requested from section 17(a), the Affiliated Indexing Fund, the terms ‘‘Affiliated Index under the Securities Act of 1933 (‘‘Securities Act’’). Accounts will not engage in Creation Unit Provider’’ or ‘‘Index Provider,’’ with respect to that In accepting Deposit Instruments and satisfying transactions with a Fund. Self-Indexing Fund, will be limited to the redemptions with Redemption Instruments that are 8 See, e.g., Rule 17j–1 under the Act and Section employees of the applicable Adviser or Sub-Adviser restricted securities eligible for resale pursuant to 204A under the Advisers Act and Rules 204A–1 that are responsible for creating, compiling and rule 144A under the Securities Act, the Funds will and 206(4)–7 under the Advisers Act. maintaining the relevant Underlying Index. comply with the conditions of rule 144A.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55686 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

constitute the Redemption Instruments Participant, the Fund determines to Company (‘‘DTC’’) (‘‘DTC Participant’’), will be identical, unless the Fund is require the purchase or redemption, as which, in either case, has signed a Rebalancing (as defined below). In applicable, to be made entirely in participant agreement with the addition, the Deposit Instruments and cash; 19 (d) if, on a given Business Day, Distributor. The Distributor will be the Redemption Instruments will each the Fund requires all Authorized responsible for transmitting the orders correspond pro rata to the positions in Participants purchasing or redeeming to the Funds and will furnish to those the Fund’s portfolio (including cash Shares on that day to deposit or receive placing such orders confirmation that positions) 14 except: (a) In the case of (as applicable) cash in lieu of some or the orders have been accepted, but bonds, for minor differences when it is all of the Deposit Instruments or applicants state that the Distributor may impossible to break up bonds beyond Redemption Instruments, respectively, reject any order which is not submitted certain minimum sizes needed for solely because: (i) Such instruments are in proper form. transfer and settlement; (b) for minor not eligible for transfer through either 18. Each Business Day, before the differences when rounding is necessary the NSCC or DTC (defined below); or (ii) open of trading on the Exchange on to eliminate fractional shares or lots that in the case of Foreign Funds holding which Shares are primarily listed are not tradeable round lots; 15 (c) TBA non-U.S. investments, such instruments (‘‘Listing Exchange’’), each Fund will Transactions, short positions, are not eligible for trading due to local cause to be published through the NSCC derivatives and other positions that trading restrictions, local restrictions on the names and quantities of the cannot be transferred in kind 16 will be securities transfers or other similar instruments comprising the Deposit excluded from the Deposit Instruments circumstances; or (e) if the Fund permits Instruments and the Redemption and the Redemption Instruments; 17(d) an Authorized Participant to deposit or Instruments, as well as the estimated to the extent the Fund determines, on a receive (as applicable) cash in lieu of Cash Amount (if any), for that day. The given Business Day, to use a some or all of the Deposit Instruments list of Deposit Instruments and representative sampling of the Fund’s or Redemption Instruments, Redemption Instruments will apply portfolio; 18 or (e) for temporary periods, respectively, solely because: (i) Such until a new list is announced on the to effect changes in the Fund’s portfolio instruments are, in the case of the following Business Day, and there will as a result of the rebalancing of its purchase of a Creation Unit, not be no intra-day changes to the list Underlying Index (any such change, a available in sufficient quantity; (ii) such except to correct errors in the published ‘‘Rebalancing’’). If there is a difference instruments are not eligible for trading list. Each Listing Exchange will between the NAV attributable to a by an Authorized Participant or the disseminate, every 15 seconds during Creation Unit and the aggregate market investor on whose behalf the regular Exchange trading hours, through value of the Deposit Instruments or Authorized Participant is acting; or (iii) the facilities of the Consolidated Tape Redemption Instruments exchanged for a holder of Shares of a Foreign Fund Association, an amount for each Fund the Creation Unit, the party conveying holding non-U.S. investments would be stated on a per individual Share basis instruments with the lower value will subject to unfavorable income tax representing the sum of (i) the estimated also pay to the other an amount in cash treatment if the holder receives Cash Amount and (ii) the current value equal to that difference (the ‘‘Cash redemption proceeds in kind.20 of the Deposit Instruments. Amount’’). 17. Creation Units will consist of 19. Transaction expenses, including 16. Purchases and redemptions of specified large aggregations of Shares operational processing and brokerage Creation Units may be made in whole or (e.g., 25,000 Shares) as determined by costs, will be incurred by a Fund when in part on a cash basis, rather than in the Adviser, and it is expected that the investors purchase or redeem Creation kind, solely under the following initial price of a Creation Unit will Units in-kind and such costs have the circumstances: (a) To the extent there is range from $1 million to $10 million. potential to dilute the interests of the a Cash Amount; (b) if, on a given All orders to purchase Creation Units Fund’s existing shareholders. Each Business Day, the Fund announces must be placed with the Distributor by Fund will impose purchase or before the open of trading that all or through an ‘‘Authorized Participant’’ redemption transaction fees purchases, all redemptions or all which is either (1) a ‘‘Participating (‘‘Transaction Fees’’) in connection with purchases and redemptions on that day Party,’’ i.e., a Broker or other participant effecting such purchases or redemptions will be made entirely in cash; (c) if, in the Continuous Net Settlement of Creation Units. In all cases, such upon receiving a purchase or System of the NSCC, a clearing agency Transaction Fees will be limited in redemption order from an Authorized registered with the Commission, or (2) accordance with requirements of the a participant in The Depository Trust Commission applicable to management 14 The portfolio used for this purpose will be the investment companies offering same portfolio used to calculate the Fund’s NAV for 19 In determining whether a particular Fund will redeemable securities. Since the the Business Day. sell or redeem Creation Units entirely on a cash or Transaction Fees are intended to defray 15 A tradeable round lot for a security will be the in-kind basis (whether for a given day or a given standard unit of trading in that particular type of order), the key consideration will be the benefit that the transaction expenses as well as to security in its primary market. would accrue to the Fund and its investors. For prevent possible shareholder dilution 16 This includes instruments that can be instance, in bond transactions, the Adviser may be resulting from the purchase or transferred in kind only with the consent of the able to obtain better execution than Share redemption of Creation Units, the original counterparty to the extent the Fund does purchasers because of the Adviser’s size, experience not intend to seek such consents. and potentially stronger relationships in the fixed Transaction Fees will be borne only by 21 17 Because these instruments will be excluded income markets. Purchases of Creation Units either such purchasers or redeemers. The from the Deposit Instruments and the Redemption on an all cash basis or in-kind are expected to be Distributor will be responsible for Instruments, their value will be reflected in the neutral to the Funds from a tax perspective. In delivering the Fund’s prospectus to determination of the Cash Amount (as defined contrast, cash redemptions typically require selling below). portfolio holdings, which may result in adverse tax those persons acquiring Shares in 18 A Fund may only use sampling for this purpose consequences for the remaining Fund shareholders Creation Units and for maintaining if the sample: (i) Is designed to generate that would not occur with an in-kind redemption. performance that is highly correlated to the As a result, tax consideration may warrant in-kind 21 Where a Fund permits an in-kind purchaser to performance of the Fund’s portfolio; (ii) consists redemptions. substitute cash-in-lieu of depositing one or more of entirely of instruments that are already included in 20 A ‘‘custom order’’ is any purchase or the requisite Deposit Instruments, the purchaser the Fund’s portfolio; and (iii) is the same for all redemption of Shares made in whole or in part on may be assessed a higher Transaction Fee to cover Authorized Participants on a given Business Day. a cash basis in reliance on clause (e)(i) or (e)(ii). the cost of purchasing such Deposit Instruments.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55687

records of both the orders placed with individually redeemable and will applicants request an order that would it and the confirmations of acceptance disclose that the owners of Shares may permit the Funds to register as open-end furnished by it. In addition, the acquire those Shares from the Fund or management investment companies and Distributor will maintain a record of the tender such Shares for redemption to issue Shares that are redeemable in instructions given to the applicable the Fund in Creation Units only. The Creation Units only. Applicants state Fund to implement the delivery of its Funds will provide copies of their that investors may purchase Shares in Shares. annual and semi-annual shareholder Creation Units and redeem Creation 20. Shares of each Fund will be listed reports to DTC Participants for Units from each Fund. Applicants and traded individually on an distribution to beneficial owners of further state that because Creation Units Exchange. It is expected that one or Shares. may always be purchased and redeemed more member firms of an Exchange will at NAV, the price of Shares on the Applicants’ Legal Analysis be designated to act as a market maker secondary market should not vary (each, a ‘‘Market Maker’’) and maintain 1. Applicants request an order under materially from NAV. a market for Shares trading on the section 6(c) of the Act for an exemption Exchange. Prices of Shares trading on an from sections 2(a)(32), 5(a)(1), 22(d), and Section 22(d) of the Act and Rule 22c– Exchange will be based on the current 22(e) of the Act and rule 22c–1 under 1 under the Act bid/offer market. Transactions involving the Act, under section 12(d)(1)(J) of the 4. Section 22(d) of the Act, among the sale of Shares on an Exchange will Act for an exemption from sections other things, prohibits a dealer from be subject to customary brokerage 12(d)(1)(A) and (B) of the Act, and selling a redeemable security that is commissions and charges. under sections 6(c) and 17(b) of the Act currently being offered to the public by 21. Applicants expect that purchasers for an exemption from sections 17(a)(1) or through an underwriter, except at a of Creation Units will include and 17(a)(2) of the Act. current public offering price described institutional investors and arbitrageurs. 2. Section 6(c) of the Act provides that in the prospectus. Rule 22c–1 under the Market Makers, acting in their roles to the Commission may exempt any Act generally requires that a dealer provide a fair and orderly secondary person, security or transaction, or any selling, redeeming or repurchasing a market for the Shares, may from time to class of persons, securities or redeemable security do so only at a time find it appropriate to purchase or transactions, from any provision of the price based on its NAV. Applicants state redeem Creation Units. Applicants Act, if and to the extent that such that secondary market trading in Shares expect that secondary market exemption is necessary or appropriate will take place at negotiated prices, not purchasers of Shares will include both in the public interest and consistent at a current offering price described in institutional and retail investors.22 The with the protection of investors and the a Fund’s prospectus, and not at a price price at which Shares trade will be purposes fairly intended by the policy based on NAV. Thus, purchases and disciplined by arbitrage opportunities and provisions of the Act. Section 17(b) sales of Shares in the secondary market created by the option continually to of the Act authorizes the Commission to will not comply with section 22(d) of purchase or redeem Shares in Creation exempt a proposed transaction from the Act and rule 22c–1 under the Act. Units, which should help prevent section 17(a) of the Act if evidence Applicants request an exemption under Shares from trading at a material establishes that the terms of the section 6(c) from these provisions. discount or premium in relation to their transaction, including the consideration 5. Applicants assert that the concerns NAV. to be paid or received, are reasonable sought to be addressed by section 22(d) 22. Shares will not be individually and fair and do not involve of the Act and rule 22c–1 under the Act redeemable, and owners of Shares may overreaching on the part of any person with respect to pricing are equally acquire those Shares from the Fund, or concerned, and the proposed satisfied by the proposed method of tender such Shares for redemption to transaction is consistent with the pricing Shares. Applicants maintain that the Fund, in Creation Units only. To policies of the registered investment while there is little legislative history redeem, an investor must accumulate company and the general provisions of regarding section 22(d), its provisions, enough Shares to constitute a Creation the Act. Section 12(d)(1)(J) of the Act as well as those of rule 22c–1, appear to Unit. Redemption requests must be provides that the Commission may have been designed to (a) prevent placed through an Authorized exempt any person, security, or dilution caused by certain riskless- Participant. A redeeming investor may transaction, or any class or classes of trading schemes by principal pay a Transaction Fee, calculated in the persons, securities or transactions, from underwriters and contract dealers, (b) same manner as a Transaction Fee any provisions of section 12(d)(1) if the prevent unjust discrimination or payable in connection with purchases of exemption is consistent with the public preferential treatment among buyers, Creation Units. interest and the protection of investors. and (c) ensure an orderly distribution of 23. Neither the Trust nor any Fund investment company shares by will be advertised or marketed or Sections 5(a)(1) and 2(a)(32) of the Act eliminating price competition from otherwise held out as a traditional open- 3. Section 5(a)(1) of the Act defines an dealers offering shares at less than the end investment company or a ‘‘mutual ‘‘open-end company’’ as a management published sales price and repurchasing fund.’’ Instead, each such Fund will be investment company that is offering for shares at more than the published marketed as an ‘‘ETF.’’ All marketing sale or has outstanding any redeemable redemption price. materials that describe the features or security of which it is the issuer. 6. Applicants believe that none of method of obtaining, buying or selling Section 2(a)(32) of the Act defines a these purposes will be thwarted by Creation Units, or Shares traded on an redeemable security as any security, permitting Shares to trade in the Exchange, or refer to redeemability, will other than short-term paper, under the secondary market at negotiated prices. prominently disclose that Shares are not terms of which the owner, upon its Applicants state that (a) secondary presentation to the issuer, is entitled to market trading in Shares does not 22 Shares will be registered in book-entry form receive approximately a proportionate involve a Fund as a party and will not only. DTC or its nominee will be the record or share of the issuer’s current net assets, result in dilution of an investment in registered owner of all outstanding Shares. Beneficial ownership of Shares will be shown on or the cash equivalent. Because Shares Shares, and (b) to the extent different the records of DTC or the DTC Participants. will not be individually redeemable, prices exist during a given trading day,

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55688 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

or from day to day, such variances occur creations and redemptions of Creation concerns about undue influence by a as a result of third-party market forces, Units in-kind. fund of funds over underlying funds, such as supply and demand. Therefore, excessive layering of fees and overly Section 12(d)(1) applicants assert that secondary market complex fund structures. Applicants transactions in Shares will not lead to 10. Section 12(d)(1)(A) of the Act believe that the requested exemption is discrimination or preferential treatment prohibits a registered investment consistent with the public interest and among purchasers. Finally, applicants company from acquiring securities of an the protection of investors. contend that the price at which Shares investment company if such securities 14. Applicants believe that neither a trade will be disciplined by arbitrage represent more than 3% of the total Fund of Funds nor a Fund of Funds opportunities created by the option outstanding voting stock of the acquired Affiliate would be able to exert undue continually to purchase or redeem company, more than 5% of the total influence over a Fund.24 To limit the Shares in Creation Units, which should assets of the acquiring company, or, control that a Fund of Funds may have help prevent Shares from trading at a together with the securities of any other over a Fund, applicants propose a material discount or premium in investment companies, more than 10% condition prohibiting a Fund of Funds relation to their NAV. of the total assets of the acquiring Adviser or Sponsor, any person company. Section 12(d)(1)(B) of the Act Section 22(e) controlling, controlled by, or under prohibits a registered open-end common control with a Fund of Funds 7. Section 22(e) of the Act generally investment company, its principal Adviser or Sponsor, and any investment prohibits a registered investment underwriter and any other broker-dealer company and any issuer that would be company from suspending the right of from knowingly selling the investment an investment company but for sections redemption or postponing the date of company’s shares to another investment 3(c)(1) or 3(c)(7) of the Act that is payment of redemption proceeds for company if the sale will cause the advised or sponsored by a Fund of more than seven days after the tender of acquiring company to own more than Funds Adviser or Sponsor, or any a security for redemption. Applicants 3% of the acquired company’s voting person controlling, controlled by, or state that settlement of redemptions for stock, or if the sale will cause more than under common control with a Fund of Foreign Funds will be contingent not 10% of the acquired company’s voting Funds Adviser or Sponsor (‘‘Fund of only on the settlement cycle of the stock to be owned by investment Funds Advisory Group’’) from United States market, but also on companies generally. controlling (individually or in the current delivery cycles in local markets 11. Applicants request an exemption aggregate) a Fund within the meaning of to permit registered management for underlying foreign securities held by section 2(a)(9) of the Act. The same investment companies and unit a Foreign Fund. Applicants state that prohibition would apply to any Fund of investment trusts (‘‘UITs’’) that are not the delivery cycles currently practicable Funds Sub-Adviser, any person advised or sponsored by the Adviser, for transferring Redemption Instruments controlling, controlled by or under and not part of the same ‘‘group of to redeeming investors, coupled with common control with the Fund of investment companies,’’ as defined in local market holiday schedules, may Funds Sub-Adviser, and any investment section 12(d)(1)(G)(ii) of the Act as the require a delivery process of up to company or issuer that would be an Funds (such management investment fourteen (14) calendar days. investment company but for sections Accordingly, with respect to Foreign companies are referred to as ‘‘Investing 3(c)(1) or 3(c)(7) of the Act (or portion Funds only, applicants hereby request Management Companies,’’ such UITs of such investment company or issuer) relief under section 6(c) from the are referred to as ‘‘Investing Trusts,’’ advised or sponsored by the Fund of requirement imposed by section 22(e) to and Investing Management Companies Funds Sub-Adviser or any person allow Foreign Funds to pay redemption and Investing Trusts are collectively controlling, controlled by or under proceeds within fourteen calendar days referred to as ‘‘Funds of Funds’’), to common control with the Fund of following the tender of Creation Units acquire Shares beyond the limits of Funds Sub-Adviser (‘‘Fund of Funds for redemption.23 section 12(d)(1)(A) of the Act; and the 8. Applicants believe that Congress Funds, and any principal underwriter Sub-Advisory Group’’). 15. Applicants propose other adopted section 22(e) to prevent for the Funds, and/or any Broker conditions to limit the potential for unreasonable, undisclosed or registered under the Exchange Act, to undue influence over the Funds, unforeseen delays in the actual payment sell Shares to Funds of Funds beyond including that no Fund of Funds or of redemption proceeds. Applicants the limits of section 12(d)(1)(B) of the Fund of Funds Affiliate (except to the propose that allowing redemption Act. extent it is acting in its capacity as an payments for Creation Units of a Foreign 12. Each Investing Management investment adviser to a Fund) will cause Fund to be made within fourteen Company will be advised by an a Fund to purchase a security in an calendar days would not be inconsistent investment adviser within the meaning offering of securities during the with the spirit and intent of section of section 2(a)(20)(A) of the Act (the existence of an underwriting or selling 22(e). Applicants suggest that a ‘‘Fund of Funds Adviser’’) and may be syndicate of which a principal redemption payment occurring within sub-advised by investment advisers underwriter is an Underwriting Affiliate fourteen calendar days following a within the meaning of section (‘‘Affiliated Underwriting’’). An redemption request would adequately 2(a)(20)(B) of the Act (each, a ‘‘Fund of ‘‘Underwriting Affiliate’’ is a principal afford investor protection. Funds Sub-Adviser’’). Any investment 9. Applicants are not seeking relief adviser to an Investing Management underwriter in any underwriting or from section 22(e) with respect to Company will be registered under the 24 A ‘‘Fund of Funds Affiliate’’ is a Fund of Funds Foreign Funds that do not effect Advisers Act. Each Investing Trust will Adviser, Fund of Funds Sub-Adviser, Sponsor, be sponsored by a sponsor (‘‘Sponsor’’). promoter, and principal underwriter of a Fund of 23 Applicants acknowledge that no relief obtained 13. Applicants submit that the Funds, and any person controlling, controlled by, from the requirements of section 22(e) will affect proposed conditions to the requested or under common control with any of those entities. any obligations Applicants may otherwise have A ‘‘Fund Affiliate’’ is an investment adviser, under rule 15c6–1 under the Exchange Act relief adequately address the concerns promoter, or principal underwriter of a Fund and requiring that most securities transactions be settled underlying the limits in sections any person controlling, controlled by or under within three business days of the trade date. 12(d)(1)(A) and (B), which include common control with any of these entities.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55689

selling syndicate that is an officer, cash management purposes. To ensure a more, or in excess of 25% of the director, member of an advisory board, Fund of Funds is aware of the terms and outstanding shares of one or more Fund of Funds Adviser, Fund of Funds conditions of the requested order, the Affiliated Funds making that investor a Sub-Adviser, employee or Sponsor of Fund of Funds will enter into an Second-Tier Affiliate of the Funds. the Fund of Funds, or a person of which agreement with the Fund (‘‘FOF 20. Applicants request an exemption any such officer, director, member of an Participation Agreement’’). The FOF from sections 17(a)(1) and 17(a)(2) of the advisory board, Fund of Funds Adviser Participation Agreement will include an Act pursuant to sections 6(c) and 17(b) or Fund of Funds Sub-Adviser, acknowledgement from the Fund of of the Act to permit persons that are employee or Sponsor is an affiliated Funds that it may rely on the order only Affiliated Persons of the Funds, or person (except that any person whose to invest in the Funds and not in any Second-Tier Affiliates of the Funds, relationship to the Fund is covered by other investment company. solely by virtue of one or more of the section 10(f) of the Act is not an 18. Applicants also note that a Fund following: (a) holding 5% or more, or in Underwriting Affiliate). may choose to reject a direct purchase excess of 25%, of the outstanding 16. Applicants do not believe that the of Shares in Creation Units by a Fund Shares of one or more Funds; (b) an proposed arrangement will involve of Funds. To the extent that a Fund of affiliation with a person with an excessive layering of fees. The board of Funds purchases Shares in the ownership interest described in (a); or directors or trustees of any Investing secondary market, a Fund would still (c) holding 5% or more, or more than Management Company, including a retain its ability to reject any initial 25%, of the shares of one or more majority of the directors or trustees who investment by a Fund of Funds in Affiliated Funds, to effectuate purchases are not ‘‘interested persons’’ within the excess of the limits of section and redemptions ‘‘in-kind.’’ meaning of section 2(a)(19) of the Act 12(d)(1)(A) by declining to enter into a 21. Applicants assert that no useful (‘‘disinterested directors or trustees’’), FOF Participation Agreement with the purpose would be served by prohibiting will find that the advisory fees charged Fund of Funds. such affiliated persons from making ‘‘in- under the contract are based on services kind’’ purchases or ‘‘in-kind’’ Sections 17(a)(1) and (2) of the Act provided that will be in addition to, redemptions of Shares of a Fund in rather than duplicative of, services 19. Sections 17(a)(1) and (2) of the Act Creation Units. Both the deposit provided under the advisory contract of generally prohibit an affiliated person of procedures for ‘‘in-kind’’ purchases of any Fund in which the Investing a registered investment company, or an Creation Units and the redemption Management Company may invest. In affiliated person of such a person, from procedures for ‘‘in-kind’’ redemptions of addition, under condition B.5., a Fund selling any security to or purchasing any Creation Units will be effected in of Funds Adviser, or a Fund of Funds’ security from the company. Section exactly the same manner for all trustee or Sponsor, as applicable, will 2(a)(3) of the Act defines ‘‘affiliated purchases and redemptions, regardless waive fees otherwise payable to it by the person’’ of another person to include (a) of size or number. There will be no Fund of Funds in an amount at least any person directly or indirectly discrimination between purchasers or equal to any compensation (including owning, controlling or holding with redeemers. Deposit Instruments and fees received pursuant to any plan power to vote 5% or more of the Redemption Instruments for each Fund adopted by a Fund under rule 12b–1 outstanding voting securities of the will be valued in the identical manner under the Act) received from a Fund by other person, (b) any person 5% or more as those Portfolio Holdings currently the Fund of Funds Adviser, trustee or of whose outstanding voting securities held by such Fund and the valuation of Sponsor or an affiliated person of the are directly or indirectly owned, the Deposit Instruments and Fund of Funds Adviser, trustee or controlled or held with the power to Redemption Instruments will be made Sponsor, other than any advisory fees vote by the other person, and (c) any in an identical manner regardless of the paid to the Fund of Funds Adviser, person directly or indirectly controlling, identity of the purchaser or redeemer. trustee or Sponsor or its affiliated controlled by or under common control Applicants do not believe that ‘‘in-kind’’ person by a Fund, in connection with with the other person. Section 2(a)(9) of purchases and redemptions will result the investment by the Fund of Funds in the Act defines ‘‘control’’ as the power in abusive self-dealing or overreaching, the Fund. Applicants state that any sales to exercise a controlling influence over but rather assert that such procedures charges and/or service fees charged with the management or policies of a will be implemented consistently with respect to shares of a Fund of Funds company, and provides that a control each Fund’s objectives and with the relationship will be presumed where will not exceed the limits applicable to general purposes of the Act. Applicants one person owns more than 25% of a a fund of funds as set forth in NASD believe that ‘‘in-kind’’ purchases and company’s voting securities. The Funds Conduct Rule 2830.25 redemptions will be made on terms 17. Applicants submit that the may be deemed to be controlled by the reasonable to Applicants and any proposed arrangement will not create an Adviser or an entity controlling, affiliated persons because they will be overly complex fund structure. controlled by or under common control valued pursuant to verifiable objective Applicants note that no Fund will with the Adviser and hence affiliated standards. The method of valuing persons of each other. In addition, the acquire securities of any investment Portfolio Holdings held by a Fund is Funds may be deemed to be under company or company relying on section identical to that used for calculating common control with any other 3(c)(1) or 3(c)(7) of the Act in excess of ‘‘in-kind’’ purchase or redemption registered investment company (or the limits contained in section values and therefore creates no series thereof) advised by an Adviser or 12(d)(1)(A) of the Act, except to the opportunity for affiliated persons or an entity controlling, controlled by or extent permitted by exemptive relief Second-Tier Affiliates of applicants to under common control with an Adviser from the Commission permitting the effect a transaction detrimental to the (an ‘‘Affiliated Fund’’). Any investor, Fund to purchase shares of other other holders of Shares of that Fund. including Market Makers, owning 5% or investment companies for short-term Similarly, applicants submit that, by holding in excess of 25% of the Trust or using the same standards for valuing 25 Any references to NASD Conduct Rule 2830 such Funds, may be deemed affiliated Portfolio Holdings held by a Fund as are include any successor or replacement FINRA rule persons of the Trust or such Funds. In used for calculating ‘‘in-kind’’ to NASD Conduct Rule 2830. addition, an investor could own 5% or redemptions or purchases, the Fund

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55690 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

will ensure that its NAV will not be Applicants’ Conditions Advisory Group or the Fund of Funds’ adversely affected by such securities Applicants agree that any order of the Sub-Advisory Group, each in the transactions. Applicants also note that Commission granting the requested aggregate, becomes a holder of more the ability to take deposits and make relief will be subject to the following than 25 percent of the outstanding redemptions ‘‘in-kind’’ will help each conditions: voting securities of a Fund, it will vote Fund to track closely its Underlying its Shares of the Fund in the same Index and therefore aid in achieving the A. ETF Relief proportion as the vote of all other Fund’s objectives. 1. The requested relief to permit ETF holders of the Fund’s Shares. This operations will expire on the effective condition does not apply to the Fund of 22. Applicants also seek relief under Funds’ Sub-Advisory Group with sections 6(c) and 17(b) from section date of any Commission rule under the Act that provides relief permitting the respect to a Fund for which the Fund of 17(a) to permit a Fund that is an Funds’ Sub-Adviser or a person affiliated person, or an affiliated person operation of index-based ETFs. 2. As long as a Fund operates in controlling, controlled by or under of an affiliated person, of a Fund of reliance on the requested order, the common control with the Fund of Funds to sell its Shares to and redeem Shares of such Fund will be listed on an Funds’ Sub-Adviser acts as the its Shares from a Fund of Funds, and to Exchange. investment adviser within the meaning engage in the accompanying in-kind 3. Neither the Trust nor any Fund will of section 2(a)(20)(A) of the Act. 26 transactions with the Fund of Funds. be advertised or marketed as an open- 2. No Fund of Funds or Fund of Applicants state that the terms of the end investment company or a mutual Funds Affiliate will cause any existing transactions are fair and reasonable and fund. Any advertising material that or potential investment by the Fund of do not involve overreaching. Applicants describes the purchase or sale of Funds in a Fund to influence the terms note that any consideration paid by a Creation Units or refers to redeemability of any services or transactions between Fund of Funds for the purchase or will prominently disclose that Shares the Fund of Funds or Fund of Funds redemption of Shares directly from a are not individually redeemable and Affiliate and the Fund or a Fund Fund will be based on the NAV of the that owners of Shares may acquire those Affiliate. Fund.27 Applicants believe that any Shares from the Fund and tender those 3. The board of directors or trustees of proposed transactions directly between Shares for redemption to a Fund in an Investing Management Company, the Funds and Funds of Funds will be Creation Units only. including a majority of the disinterested consistent with the policies of each 4. The Web site, which is and will be directors or trustees, will adopt Fund of Funds. The purchase of publicly accessible at no charge, will procedures reasonably designed to Creation Units by a Fund of Funds contain, on a per Share basis for each ensure that the Fund of Funds Adviser directly from a Fund will be Fund, the prior Business Day’s NAV and and Fund of Funds Sub-Adviser are accomplished in accordance with the the market closing price or the midpoint conducting the investment program of investment restrictions of any such of the bid/ask spread at the time of the the Investing Management Company without taking into account any Fund of Funds and will be consistent calculation of such NAV (‘‘Bid/Ask consideration received by the Investing with the investment policies set forth in Price’’), and a calculation of the Management Company or a Fund of the Fund of Funds’ registration premium or discount of the market Funds Affiliate from a Fund or Fund statement. Applicants also state that the closing price or Bid/Ask Price against such NAV. Affiliate in connection with any services proposed transactions are consistent 5. Each Self-Indexing Fund, Long/ or transactions. with the general purposes of the Act and Short Fund and 130/30 Fund will post 4. Once an investment by a Fund of are appropriate in the public interest. on the Web site on each Business Day, Funds in the securities of a Fund before commencement of trading of exceeds the limits in section 26 Although applicants believe that most Funds of Shares on the Exchange, the Fund’s 12(d)(1)(A)(i) of the Act, the Board of Funds will purchase Shares in the secondary market and will not purchase Creation Units Portfolio Holdings. the Fund, including a majority of the directly from a Fund, a Fund of Funds might seek 6. No Adviser or any Sub-Adviser to directors or trustees who are not to transact in Creation Units directly with a Fund a Self-Indexing Fund, directly or ‘‘interested persons’’ within the that is an affiliated person of a Fund of Funds. To indirectly, will cause any Authorized meaning of Section 2(a)(19) of the Act the extent that purchases and sales of Shares occur (‘‘non-interested Board members’’), will in the secondary market and not through principal Participant (or any investor on whose transactions directly between a Fund of Funds and behalf an Authorized Participant may determine that any consideration paid a Fund, relief from Section 17(a) would not be transact with the Self-Indexing Fund) to by the Fund to the Fund of Funds or a necessary. However, the requested relief would acquire any Deposit Instrument for the Fund of Funds Affiliate in connection apply to direct sales of Shares in Creation Units by with any services or transactions: (i) Is a Fund to a Fund of Funds and redemptions of Self-Indexing Fund through a those Shares. Applicants are not seeking relief from transaction in which the Self-Indexing fair and reasonable in relation to the Section 17(a) for, and the requested relief will not Fund could not engage directly. nature and quality of the services and apply to, transactions where a Fund could be benefits received by the Fund; (ii) is deemed an affiliated person, or an affiliated person B. Section 12(d)(1) Relief within the range of consideration that of an affiliated person of a Fund of Funds because an Adviser or an entity controlling, controlled by 1. The members of a Fund of Funds’ the Fund would be required to pay to or under common control with an Adviser provides Advisory Group will not control another unaffiliated entity in connection investment advisory services to that Fund of Funds. (individually or in the aggregate) a Fund with the same services or transactions; 27 Applicants acknowledge that the receipt of within the meaning of section 2(a)(9) of and (iii) does not involve overreaching compensation by (a) an affiliated person of a Fund of Funds, or an affiliated person of such person, for the Act. The members of a Fund of on the part of any person concerned. the purchase by the Fund of Funds of Shares of a Funds’ Sub-Advisory Group will not This condition does not apply with Fund or (b) an affiliated person of a Fund, or an control (individually or in the aggregate) respect to any services or transactions affiliated person of such person, for the sale by the a Fund within the meaning of section between a Fund and its investment Fund of its Shares to a Fund of Funds, may be prohibited by Section 17(e)(1) of the Act. The FOF 2(a)(9) of the Act. If, as a result of a adviser(s), or any person controlling, Participation Agreement also will include this decrease in the outstanding voting controlled by or under common control acknowledgment. securities of a Fund, the Fund of Funds’ with such investment adviser(s).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55691

5. The Fund of Funds Adviser, or a comparable period of time in less than six years thereafter, the first trustee or Sponsor of an Investing Trust, underwritings other than Affiliated two years in an easily accessible place. as applicable, will waive fees otherwise Underwritings or to a benchmark such 10. Before approving any advisory payable to it by the Fund of Funds in as a comparable market index; and (iii) contract under section 15 of the Act, the an amount at least equal to any whether the amount of securities board of directors or trustees of each compensation (including fees received purchased by the Fund in Affiliated Investing Management Company pursuant to any plan adopted by a Fund Underwritings and the amount including a majority of the disinterested under rule 12b–l under the Act) purchased directly from an directors or trustees, will find that the received from a Fund by the Fund of Underwriting Affiliate have changed advisory fees charged under such Funds Adviser, or trustee or Sponsor of significantly from prior years. The contract are based on services provided the Investing Trust, or an affiliated Board will take any appropriate actions that will be in addition to, rather than person of the Fund of Funds Adviser, or based on its review, including, if duplicative of, the services provided trustee or Sponsor of the Investing appropriate, the institution of under the advisory contract(s) of any Trust, other than any advisory fees paid procedures designed to ensure that Fund in which the Investing to the Fund of Funds Adviser, or trustee purchases of securities in Affiliated Management Company may invest. or Sponsor of an Investing Trust, or its Underwritings are in the best interest of These findings and their basis will be affiliated person by the Fund, in shareholders of the Fund. fully recorded in the minute books of connection with the investment by the 8. Each Fund will maintain and the appropriate Investing Management Fund of Funds in the Fund. Any Fund preserve permanently in an easily Company. of Funds Sub-Adviser will waive fees accessible place a written copy of the 11. Any sales charges and/or service otherwise payable to the Fund of Funds procedures described in the preceding fees charged with respect to shares of a Sub-Adviser, directly or indirectly, by condition, and any modifications to Fund of Funds will not exceed the the Investing Management Company in such procedures, and will maintain and limits applicable to a fund of funds as an amount at least equal to any preserve for a period of not less than six set forth in NASD Conduct Rule 2830. compensation received from a Fund by years from the end of the fiscal year in 12. No Fund will acquire securities of the Fund of Funds Sub-Adviser, or an which any purchase in an Affiliated an investment company or company affiliated person of the Fund of Funds Underwriting occurred, the first two relying on section 3(c)(1) or 3(c)(7) of Sub-Adviser, other than any advisory years in an easily accessible place, a the Act in excess of the limits contained fees paid to the Fund of Funds Sub- written record of each purchase of in section 12(d)(1)(A) of the Act, except Adviser or its affiliated person by the securities in Affiliated Underwritings to the extent the Fund acquires Fund, in connection with the once an investment by a Fund of Funds securities of another investment investment by the Investing in the securities of the Fund exceeds the company pursuant to exemptive relief Management Company in the Fund limit of section 12(d)(1)(A)(i) of the Act, from the Commission permitting the made at the direction of the Fund of setting forth from whom the securities Fund to acquire securities of one or Funds Sub-Adviser. In the event that the were acquired, the identity of the more investment companies for short- Fund of Funds Sub-Adviser waives fees, underwriting syndicate’s members, the term cash management purposes. the benefit of the waiver will be passed terms of the purchase, and the For the Commission, by the Division of through to the Investing Management information or materials upon which Investment Management, under delegated Company. authority. 6. No Fund of Funds or Fund of the Board’s determinations were made. 9. Before investing in a Fund in Brent J. Fields, Funds Affiliate (except to the extent it Secretary. is acting in its capacity as an investment excess of the limit in section [FR Doc. 2015–23270 Filed 9–15–15; 8:45 am] adviser to a Fund) will cause a Fund to 12(d)(1)(A), a Fund of Funds and the purchase a security in any Affiliated applicable Trust will execute a FOF BILLING CODE 8011–01–P Underwriting. Participation Agreement stating, 7. The Board of a Fund, including a without limitation, that their respective boards of directors or trustees and their SECURITIES AND EXCHANGE majority of the non-interested Board COMMISSION members, will adopt procedures investment advisers, or trustee and reasonably designed to monitor any Sponsor, as applicable, understand the [Release No. 34–75884; File No. 10–221] purchases of securities by the Fund in terms and conditions of the order, and an Affiliated Underwriting, once an agree to fulfill their responsibilities ISE Mercury, LLC; Notice of Filing of investment by a Fund of Funds in the under the order. At the time of its Application for Registration as a securities of the Fund exceeds the limit investment in Shares of a Fund in National Securities Exchange Under of section 12(d)(1)(A)(i) of the Act, excess of the limit in section Section 6 of the Securities Exchange including any purchases made directly 12(d)(1)(A)(i), a Fund of Funds will Act of 1934 notify the Fund of the investment. At from an Underwriting Affiliate. The September 10, 2015. such time, the Fund of Funds will also Board will review these purchases On September 29, 2014, ISE Mercury, transmit to the Fund a list of the names periodically, but no less frequently than LLC (‘‘ISE Mercury’’ or ‘‘Applicant’’) of each Fund of Funds Affiliate and annually, to determine whether the submitted to the Securities and Underwriting Affiliate. The Fund of purchases were influenced by the Exchange Commission (‘‘Commission’’) Funds will notify the Fund of any investment by the Fund of Funds in the a Form 1 application under the changes to the list of the names as soon Fund. The Board will consider, among Securities Exchange Act of 1934 other things: (i) Whether the purchases as reasonably practicable after a change (‘‘Exchange Act’’), seeking registration were consistent with the investment occurs. The Fund and the Fund of as a national securities exchange under objectives and policies of the Fund; (ii) Funds will maintain and preserve a Section 6 of the Exchange Act.1 On June how the performance of securities copy of the order, the FOF Participation purchased in an Affiliated Underwriting Agreement, and the list with any 1 On September 9, 2015, the Commission issued compares to the performance of updated information for the duration of an order granting the Applicant exemptive relief, comparable securities purchased during the investment and for a period of not Continued

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55692 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

26, 2015, ISE Mercury submitted Room. Interested persons are invited to SECURITIES AND EXCHANGE Amendment No. 1 to its Form 1 submit written data, views, and COMMISSION application. arguments concerning ISE Mercury’s The Commission is publishing this Form 1, including whether the [Release No. 34–75890; File No. SR–Phlx– notice to solicit comments on ISE application is consistent with the 2015–76] Mercury’s Form 1 application, as Exchange Act. Self-Regulatory Organizations; amended. The Commission will take Comments may be submitted by any NASDAQ OMX PHLX LLC; Notice of any comments it receives into of the following methods: Filing of and Immediate Effectiveness consideration in making its of Proposed Rule Change Regarding determination about whether to grant Electronic Comments NASDAQ Last Sale Plus ISE Mercury’s request to be registered as • Use the Commission’s Internet a national securities exchange. The September 10, 2015. Commission will grant the registration if comment form (http://www.sec.gov/ rules/sro.shtml); or Pursuant to Section 19(b)(1) of the it finds that the requirements of the Securities Exchange Act of 1934 • Exchange Act and the rules and Send an email to rule-comments@ (‘‘Act’’),1 and Rule 19b–4 thereunder,2 regulations thereunder with respect to sec.gov. Please include File Number 10– notice is hereby given that on August 2 ISE Mercury are satisfied. 221 on the subject line. 28, 2015, NASDAQ OMX PHLX LLC The Applicant’s Form 1 application, Paper Comments (‘‘Phlx’’ or ‘‘Exchange’’) filed with the as amended, provides detailed Securities and Exchange Commission information on how ISE Mercury • Send paper comments in triplicate (‘‘SEC’’ or ‘‘Commission’’) the proposed proposes to satisfy the requirements of to Brent J. Fields, Secretary, Securities rule change as described in Items I, II, the Exchange Act. The Form 1 and Exchange Commission, 100 F Street and III, below, which Items have been application also provides that ISE NE., Washington, DC 20549–1090. prepared by the Exchange. The Mercury would operate a fully Commission is publishing this notice to automated electronic trading platform All submissions should refer to File solicit comments on the proposed rule for the trading of listed options and Number 10–221. This file number change from interested persons. would not maintain a physical trading should be included on the subject line floor. It also provides that liquidity if email is used. To help the I. Self-Regulatory Organization’s would be derived from orders to buy Commission process and review your Statement of the Terms of Substance of and orders to sell submitted to ISE comments more efficiently, please use the Proposed Rule Change Mercury electronically by its registered only one method. The Commission will The Exchange proposes to amend broker-dealer members, as well as from post all comments on the Commission’s Chapter VIII of NASDAQ OMX PSX quotes submitted electronically by Internet Web site (http://www.sec.gov/ Fees, entitled PSX Last Sale Data Feeds market makers. Further, the Form 1 rules/other.shtml). Copies of the and NASDAQ Last Sale Plus Data Feeds application states that ISE Mercury submission, all subsequent (‘‘PSX Chapter VIII’’), with language would be wholly-owned by its parent amendments, all written statements indicating the fees for NASDAQ Last company, International Securities with respect to ISE Mercury’s Form 1 Sale Plus (‘‘NLS Plus’’), a Exchange Holdings, Inc. (‘‘ISE filed with the Commission, and all comprehensive data feed offered by Holdings’’), which also is the parent written communications relating to the NASDAQ OMX Information LLC.3 company of two existing national application between the Commission The text of the proposed rule change securities exchanges, ISE and ISE and any person, other than those that is available on the Exchange’s Web site Gemini, LLC. may be withheld from the public in at http:// A more detailed description of the accordance with the provisions of 5 manner of operation of ISE Mercury’s nasdaqomxphlx.cchwallstreet.com, at U.S.C. 552, will be available for Web the principal office of the Exchange, and proposed system can be found in site viewing and printing in the Exhibit E to ISE Mercury’s Form 1 at the Commission’s Public Reference Commission’s Public Reference Room, Room. application. The proposed rulebook for 100 F Street NE., Washington, DC the proposed exchange can be found in 20549, on official business days II. Self-Regulatory Organization’s Exhibit B to ISE Mercury’s Form 1 between the hours of 10:00 a.m. and Statement of the Purpose of, and application, and the governing 3:00 p.m. All comments received will be Statutory Basis for, the Proposed Rule documents for both ISE Mercury and posted without change; the Commission Change ISE Holdings can be found in Exhibit A does not edit personal identifying In its filing with the Commission, the and Exhibit C to ISE Mercury’s Form 1 information from submissions. You Exchange included statements application, respectively. A listing of should submit only information that concerning the purpose of and basis for the officers and directors of ISE Mercury you wish to make publicly available. All the proposed rule change and discussed can be found in Exhibit J to ISE submissions should refer to File any comments it received on the Mercury’s Form 1 application. Number 10–221 and should be ISE Mercury’s Form 1 application, proposed rule change. The text of these submitted on or before November 2, statements may be examined at the including all of the Exhibits referenced 2015. above, is available online at places specified in Item IV below. The www.sec.gov/rules/other.shtml as well For the Commission, by the Division of Exchange has prepared summaries, set Trading and Markets, pursuant to delegated as in the Commission’s Public Reference forth in sections A, B, and C below, of authority.3 the most significant aspects of such Brent J. Fields, subject to certain conditions, in connection with the statements. filing of its Form 1 application. See Securities Secretary. Exchange Act Release No. 75867. Because the [FR Doc. 2015–23220 Filed 9–15–15; 8:45 am] 1 15 U.S.C. 78s(b)(1). Applicant’s Form 1 application was incomplete 2 17 CFR 240.19b–4. BILLING CODE 8011–01–P without the exemptive relief, the date of filing of 3 NASDAQ OMX Information LLC is a subsidiary such application is September 9, 2015. of The NASDAQ OMX Group, Inc. (‘‘NASDAQ 2 15 U.S.C. 78s(a). 3 17 CFR 200.30–3(a)(57). OMX’’).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55693

A. Self-Regulatory Organization’s NLS Plus allows data distributors to convenience of market data users and Statement of the Purpose of, and access last sale products offered by each vendors, and ultimately the investing Statutory Basis for, the Proposed Rule of NASDAQ OMX’s three equity public. In that role, the function of Change exchanges. NLS Plus includes all NASDAQ OMX Information LLC is transactions from all of NASDAQ analogous to that of other market data 1. Purpose OMX’s equity markets, as well as vendors, and it has no competitive The purpose of this proposal is to FINRA/NASDAQ TRF data that is advantage over other market data amend PSX Chapter VIII(b) with included in the current NLS product. In vendors. NASDAQ OMX Information language indicating the fees for NLS addition, NLS Plus features total cross- LLC distributes no data that is not Plus. NLS Plus allows data distributors market volume information at the issue equally available to all market data to access the three last sale products level, thereby providing redistribution vendors. For example, NASDAQ OMX offered by each of NASDAQ OMX’s of consolidated volume information Information LLC receives data from the three U.S. equity markets.4 Thus, in (‘‘consolidated volume’’) from the exchange that is available to other offering NLS Plus, NASDAQ OMX securities information processors market data vendors, with the same Information LLC is acting as a (‘‘SIPs’’) for Tape A, B, and C information distributed to NASDAQ redistributor of last sale products securities.7 Thus, NLS Plus covers all OMX Information LLC at the same time already offered by NASDAQ, BX, and securities listed on NASDAQ and New it is distributed to other vendors (that is, PSX and volume information provided York Stock Exchange (‘‘NYSE’’) (now NASDAQ OMX Information LLC has by the securities information processors under the Intercontinental Exchange neither a speed nor an information 5 for Tape A, B, and C. This proposal is (‘‘ICE’’) umbrella), as well as U.S. differential). Through this structure, being filed by the Exchange to indicate ‘‘regional’’ exchanges such as NYSE NASDAQ OMX Information LLC the fees for the NLS Plus data feed MKT, NYSE Arca, and BATS (also performs precisely the same functions offering and in light of the recent known as BATS/Direct Edge).8 As noted as Bloomberg, Thomson Reuters, and 6 approval order regarding NLS Plus. in the NLS Plus Approval Order, the dozens of other market data vendors; Exchange is filing this separate proposal and the contents of the NLS Plus data 4 The NASDAQ OMX U.S. equity markets include regarding the NLS Plus fee structure, on stream are similar in nature to what is The NASDAQ Stock Market (‘‘NASDAQ’’), distributed by other exchanges. NASDAQ OMX BX (‘‘BX’’), and NASDAQ OMX PSX. PSX (‘‘PSX’’) (together known as the ‘‘NASDAQ NLS Plus is currently codified in The Exchange believes that market OMX equity markets’’). PSX will shortly file NASDAQ Rule 7039(d) and PSX data distributors may use the NLS Plus companion proposals regarding data feeds similar 9 data feed to feed stock tickers, portfolio to NLS Plus. NASDAQ’s last sale product, NASDAQ Chapter VIII(b), in a manner similar to products of other markets.10 NLS Plus is trackers, trade alert programs, time and Last Sale, includes last sale information from the sale graphs, and other display systems. FINRA/NASDAQ Trade Reporting Facility offered, as noted, through NASDAQ (‘‘FINRA/NASDAQ TRF’’), which is jointly OMX Information LLC, which is a The contents of NLS Plus are set forth operated by NASDAQ and the Financial Industry in PSX Chapter VIII(b).11 Specifically, Regulatory Authority (‘‘FINRA’’). See Securities subsidiary of NASDAQ OMX Group, Inc. that is separate and apart from The subsection (b) states that NASDAQ Last Exchange Act Release No. 71350 (January 17, 2014), Sale Plus is a comprehensive data feed 79 FR 4218 (January 24, 2014) (SR–FINRA–2014– NASDAQ Stock Market LLC. NASDAQ 002). For proposed rule changes submitted with OMX Information LLC combines produced by NASDAQ OMX respect to NASDAQ Last Sale, BX Last Sale, and Information LLC that provides last sale PSX Last Sale, see, e.g., Securities Exchange Act publicly available data from the three filed last sale products of the NASDAQ data as well as consolidated [sic] Release Nos. 57965 (June 16, 2008), 73 FR 35178, volume of NASDAQ OMX equity (June 20, 2008) (SR–NASDAQ–2006–060) (order OMX equity markets and from the markets (NASDAQ, BX, and PSX) and approving NASDAQ Last Sale data feeds pilot); network processors for the ease and 61112 (December 4, 2009), 74 FR 65569, (December the NASDAQ/FINRA Trade Reporting 10, 2009) (SR–BX–2009–077) (notice of filing and 2015–047) (notice of filing and immediate Facility (‘‘TRF’’). NASDAQ Last Sale immediate effectiveness regarding BX Last Sale data Plus also reflects cumulative volume feeds); and 62876 (September 9, 2010), 75 FR effectiveness regarding NASDAQ Last Sale Plus in 56624, (September 16, 2010) (SR–Phlx–2010–120) BX Rule 7039(b)) (the ‘‘NLS Plus on BX filing’’). real-time trading activity across all U.S. (notice of filing and immediate effectiveness NLS Plus, which is codified in NASDAQ Rule exchanges for Tape C securities and 15- regarding PSX Last Sale data feeds). 7039(d) and PSX Chapter VIII(b), has been offered minute delayed information for Tape A 5 Tape A and Tape B securities are disseminated since 2010 via NASDAQ OMX Information LLC. NLS Plus is described online at http:// and Tape B securities. NLS Plus also pursuant to the Security Industry Automation contains the following data elements: Corporation’s (‘‘SIAC’’) Consolidated Tape nasdaqtrader.com/content/technicalsupport/ Association Plan/Consolidated Quotation System, specifications/dataproducts/ Trade Price, Trade Size, Sale Condition or CTA/CQS (‘‘CTA’’). Tape C securities are NLSPlusSpecification.pdf; and the annual Modifiers, Cumulative Consolidated disseminated pursuant to the NASDAQ Unlisted administrative and other fees for NLS Plus are Market Volume, End of Day Trade Trading Privileges (‘‘UTP’’) Plan. noted at http://nasdaqtrader.com/ Trader.aspx?id=DPUSdata#ls. Summary, Adjusted Closing Price, IPO 6 See Securities Exchange Act Release Nos. 75257 7 (June 22, 2015), 80 FR 36862 (June 26, 2015) (SR– This reflects real-time trading activity for Tape Information, and Bloomberg ID. NASDAQ–2015–055) (order approving proposed C securities and 15-minute delayed information for Additionally, pertinent regulatory rule change regarding NASDAQ Last Sale Plus in Tape A and Tape B securities. information such as Market Wide 8 NASDAQ Rule 7039(d)) (the ‘‘NLS Plus Approval Registered U.S. exchanges are listed at http:// Circuit Breaker, Reg SHO Short Sale Order’’); 74972 (May 15, 2015), 80 FR 29370 (May www.sec.gov/divisions/marketreg/ 21, 2015) (SR–NASDAQ–2015–055) (notice of filing mrexchanges.shtml. Price Test Restricted Indicator, Trading of proposed rule change regarding NASDAQ Last 9 See supra note 6. Sale Plus) (the ‘‘NLS Plus notice’’); and 75600 10 See Securities Exchange Act Release No. 73918 11 PSX Chapter VIII(b) is similar to NASDAQ Rule (August 4, 2015), 80 FR 57968 (August 10, 2015) (December 23, 2014), 79 FR 78920 (December 31, 7039(d). The contents of NLS Plus in large part (SR–NASDAQ–2015–088) (notice of filing and 2014) (SR–BATS–2014–055; SR–BYX–2014–030; mimic those of NLS, which is set forth in NASDAQ immediate effectiveness regarding NASDAQ Last SR–EDGA–2014–25; SR–EDGX–2014–25) (order Rule 7039(a)–(c). Similar to NLS, NLS Plus offers Sale Plus fees in NASDAQ Rule 7039(d)) (the ‘‘NLS approving market data product called BATS One data for all U.S. equities via two separate data Plus Fees Approval Order’’) [sic]. See also Feed being offered by four affiliated exchanges). See channels: The first data channel reflects NASDAQ, Securities Exchange Act Release Nos. 75763 also Securities Exchange Act Release No. 73553 BX, and PSX trades with real-time consolidated (August 26, 2015) (SR–Phlx–2015–72) (notice of (November 6, 2014), 79 FR 67491 (November 13, [sic] volume for NASDAQ-listed securities; and the filing and immediate effectiveness regarding 2014) (SR–NYSE–2014–40) (order granting approval second data channel reflects NASDAQ, BX, and NASDAQ Last Sale Plus in PSX Chapter VIII(b)) to establish the NYSE Best Quote & Trades (‘‘BQT’’) PSX trades with delayed consolidated volume for (the ‘‘NLS Plus on PSX filing’’); and 75709 (August Data Feed). These exchanges have likewise NYSE, NYSE MKT, NYSE Arca and BATS-listed 14, 2015), 80 FR 50671 (August 20, 2015) (SR–BX– instituted fees for their products. securities.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55694 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Action, Symbol Directory, Adjusted Last Sale, firms that receive NLS Plus believes that this consolidation fee, Closing Price, and End of Day Trade would also be liable for such fees.15 while in addition to the current NLS Summary are included.12 NLS Plus may The Exchange notes that the proposed Plus fee in place, would not be material be received by itself or in combination fee structure is designed to ensure that to firms. with NASDAQ Basic. The Exchange vendors could compete with the The Exchange believes that the now proposes to add into PSX Chapter Exchange by creating a product similar proposed NLS Plus fee is a simple VIII(b) the fees associated with NLS to NLS Plus.16 The proposed fee codification of the existing NLS PLS Plus. structure reflects the current annual [sic] fee into PSX Chapter VIII, as administrative cost as well as the discussed, with the addition of a The Fees incremental cost of the aggregation and monthly data consolidation fee, and as Firms that receive an NLS Plus feed consolidation function (generally such meets the requirements of the Act. today are liable for annual known as the ‘‘consolidation function’’) 2. Statutory Basis administration fees for applicable for NLS Plus, and would not be lower NASDAQ equity exchanges: $1,000 for than the cost to a vendor creating a The Exchange believes that the NASDAQ, $1,000 for BX, and $1,000 for competing product, including the cost proposed rule change is consistent with 20 PSX.13 In addition, firms that receive of receiving the underlying data feeds. the provisions of Section 6 of the Act, NLS Plus are liable for NLS or NASDAQ The proposed fee structure for NLS Plus in general, and with Sections 6(b)(4) and 21 Basic fees.14 Finally, firms will pay a would enable a vendor to receive the (5) of the Act, in particular, in that it data consolidation fee of $350 per underlying data feeds and offer a similar provides for the equitable allocation of month. product on a competitive basis and with reasonable dues, fees, and other charges Accordingly, proposed PSX Chapter no greater cost than the Exchange.17 among its members, issuers and other VIII states the following at sections The proposed fee structure is persons using its facilities, and does not (b)(1) through (b)(3): reasonable and proper. First, the unfairly discriminate between (1) Firms that receive NLS Plus shall proposed administration fee is customers, issuers, brokers or dealers. pay the annual administration fees for essentially a codification of the current The Exchange is codifying the fees NLS, BX Last Sale, and PSX Last Sale, administration fee vis a vis NASDAQ, regarding the NLS Plus data offering and and a data consolidation fee of $350 per BX and PSX. Second, NLS Plus the consolidation fee, as discussed, into month. recipients would also be liable for fees sections (b)(1) through (b)(3) of PSX (2) Firms that receive NLS Plus would if the Exchange adopts user fees for BX Chapter VIII. either be liable for NLS fees or NASDAQ Last Sale and/or PSX Last Sale. To that The Exchange believes that the Basic fees. proposed fees offered to firms that elect (3) In the event that NASDAQ OMX end, the Exchange notes that it has filed separate proposals to adopt NLS Plus in to receive NLS Plus are reasonable, BX and/or NASDAQ OMX PHLX adopt equitable and not unfairly user fees for BX Last Sale and/or PSX the BX Last Sale and PSX Last Sale provisions,18 and will file separate fee discriminatory. These fees are proposals that would, like this filing, be reasonable because they are, as 12 The overwhelming majority of these data discussed, simply a codification of the elements and messages are exactly the same as, and expected to reflect an administrative fee in fact are sourced from, NLS, BX Last Sale, and component and a consolidation existing fee structure, with an addition PSX Last Sale. Only two data elements component. Third, firms receive NLS of the above-discussed consolidation (consolidated volume and Bloomberg ID) are Plus by itself or in conjunction with fee, into existing PSX Chapter VIII. The sourced from other publicly accessible or obtainable proposed fee structure would apply resources. The Reg SHO Short Sale Price Test NASDAQ Basic.19 Accordingly, firms Restricted Indicator message is disseminated intra- would either be liable for NLS fees or equally to all firms that choose to avail day when a security has a price drop of 10% or NASDAQ Basic fees. Fourth, the themselves of the NLS Plus data feed, more from the adjusted prior day’s NASDAQ Exchange proposes that NLS Plus and no firm is required to use NLS Plus. Official Closing Price. Trading Action indicates the Moreover, the Exchange believes that current trading status of a security to the trading includes [sic] a specific monthly $350 community, and indicates when a security is data consolidation fee. This fee is the consolidation fee, while in addition halted, paused, released for quotation, and released designed to recoup the monthly to the current NLS Plus fee, would not for trading. Symbol Directory is disseminated at the consolidation costs emanating from the be material to firms. The consolidation start of each trading day for all active NASDAQ and fee would, however, enable the non-NASDAQ-listed security symbols. Adjusted aggregation and consolidation of the Closing Price is disseminated at the start of each data and data streams that make up the Exchange to recoup the monthly trading day for all active symbols in the NASDAQ NLS Plus data feed. Such consolidated consolidation cost emanating from the system. End of Day Trade Summary is disseminated costs include, for example, the costs of aggregation and consolidation of the at the close of each trading day, as a summary for data and data streams that make up the all active NASDAQ- and non-NASDAQ-listed combining the feeds, adding the securities. IPO Information reflects IPO general Bloomberg ID, and combining the NLS Plus data feed. Such consolidated administrative messages from the UTP and CTA consolidated sale info. The Exchange costs include, for example, the monthly Level 1 feeds for Initial Public Offerings for all costs of combining the feeds, adding the NASDAQ- and non-NASDAQ-listed securities. For 15 Bloomberg ID, and creating the additional information, see NLS Plus Approval BX Last Sale and PSX Last Sale currently are Order. not fee liable, as noted in BX Rule 7039 and PSX consolidated sale info. The proposed fee 13 For current fees, see http://nasdaqtrader.com/ Chapter VIII, respectively. structure would be equitable and not Trader.aspx?id=DPUSdata#ls. Annual 16 For discussion in addition to this proposal, see unfairly discriminatory because it administrative fees are in BX Rule 7035, NASDAQ NLS Plus Approval Order. would apply equally to all firms that 17 See also footnote 24 in the NLS Plus notice, Rule 7035, and PSX Chapter VIII. choose to use NLS Plus. 14 User fees for NLS and NASDAQ Basic are in wherein NASDAQ indicated that it expects that the NASDAQ Rules 7039 and 7047. User fees for BX fee structure for NLS Plus will reflect an amount The Exchange believes that the Last Sale are in BX Rule 7039 (currently there is no that is no less than the cost to a market data vendor proposed fees are also consistent with fee liability), and for PSX Last Sale are in PSX to obtain all the underlying feeds, plus an amount the investor protection objectives of Chapter VIII (currently there is no fee liability). As to be determined that would reflect the value of the Section 6(b)(5) of the Act 22 in that they currently described in NASDAQ Rule 7047, aggregation and consolidation function. NASDAQ Basic provides two sets of data elements: 18 BX Rule 7039 and PSX Chapter VIII. (1) The best bid and offer on the NASDAQ Stock 19 As provided in NASDAQ Rule 7047, NASDAQ 20 15 U.S.C. 78f. Market for each U.S. equity security; and (2) the last Basic provides the information contained in NLS, 21 15 U.S.C. 78f(b)(4) and (5). sale information currently provided by NLS. together with NASDAQ’s best bid and best offer. 22 15 U.S.C. 78f(b)(5).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55695

are designed to promote just and pay for) additional market data based on their Accordingly, any findings of the court equitable principles of trade, to remove own internal analysis of the need for such with respect to that product may not be impediments to a free and open market data.24 relevant to the product at issue in this and national market system, and in By removing unnecessary regulatory filing. general to protect investors and the restrictions on the ability of exchanges Moreover, fee liable data products public interest. Specifically, the to sell their own data, Regulation NMS such as NLS Plus are a means by which proposed fee structure will codify the advanced the goals of the Act and the exchanges compete to attract order flow, fees regarding the NLS Plus data principles reflected in its legislative and this proposal simply codifies the offering into sections (b)(1) through history. If the free market should relevant fee structure into an Exchange (b)(3) of PSX Chapter VIII, which helps determine whether proprietary data is rule. To the extent that exchanges are to assure proper enforcement of the rule sold to BDs at all, it follows that the successful in such competition, they and investor protection. The Exchange price at which such data is sold should earn trading revenues and also enhance believes also that the proposal facilitates be set by the market as well. the value of their data products by transactions in securities, removes The decision of the United States increasing the amount of data they are impediments to and perfects the Court of Appeals for the District of able to provide. Conversely, to the mechanism of a free and open market Columbia Circuit in NetCoalition v. extent that exchanges are unsuccessful, and a national market system, and, in SEC, 615 F.3d 525 (D.C. Cir. 2010) the inputs needed to add value to data general, protects investors and the (‘‘NetCoalition I’’), upheld the products are diminished. Accordingly, public interest by codifying into a rule Commission’s reliance upon the need to compete for order flow the fee liability for an additional means competitive markets to set reasonable places substantial pressure upon by which investors may access and equitably allocated fees for market exchanges to keep their fees for both information about securities data. ‘‘In fact, the legislative history executions and data reasonable. transactions, namely NLS Plus, thereby indicates that the Congress intended B. Self-Regulatory Organization’s providing investors with additional that the market system ‘evolve through Statement on Burden on Competition options for accessing information that the interplay of competitive forces as may help to inform their trading unnecessary regulatory restrictions are The Exchange does not believe that decisions. removed’ and that the SEC wield its the proposed rule change will impose The Exchange notes that the regulatory power ‘in those situations any burden on competition not Commission has recently approved data where competition may not be necessary or appropriate in furtherance products on several exchanges that are sufficient,’ such as in the creation of a of the purposes of the Act. The similar to NLS Plus, and specifically ‘consolidated transactional reporting proposed fee structure is designed to determined that the fee-liable approved system.’ NetCoalition I, at 535 (quoting ensure a fair and reasonable use of data products were consistent with the H.R. Rep. No. 94–229, at 92 (1975), as Exchange resources by allowing the Act.23 NLS Plus simply provides market reprinted in 1975 U.S.C.C.A.N. 321, Exchange to recoup costs while participants with an additional option 323). The court agreed with the continuing to offer its data products at for receiving market data that has Commission’s conclusion that competitive rates to firms. already been the subject of a proposed ‘‘Congress intended that ‘competitive The market for data products is rule change and that is available from forces should dictate the services and extremely competitive and firms may myriad market data vendors. practices that constitute the U.S. freely choose alternative venues and In adopting Regulation NMS, the national market system for trading data vendors based on the aggregate fees Commission granted SROs and broker- equity securities.’ ’’ 25 assessed, the data offered, and the value dealers (‘‘BDs’’) increased authority and The Court in NetCoalition I, while provided. This rule proposal does not flexibility to offer new and unique upholding the Commission’s conclusion burden competition, which continues to market data to the public. It was that competitive forces may be relied offer alternative data products and, like 27 believed that this authority would upon to establish the fairness of prices, the Exchange, set fees, but rather expand the amount of data available to nevertheless concluded that the record reflects the competition between data consumers, and also spur innovation in that case did not adequately support feed vendors and will further enhance and competition for the provision of the Commission’s conclusions as to the such competition. As described, NLS market data. The Exchange believes that competitive nature of the market for Plus competes directly with existing the NLS Plus market data product is NYSE Arca’s data product at issue in similar products and potential products precisely the sort of market data product that case. As explained below in the of market data vendors. NASDAQ OMX that the Commission envisioned when it Exchange’s Statement on Burden on Information LLC was constructed adopted Regulation NMS. The Competition, however, the Exchange specifically to establish a level playing Commission concluded that Regulation believes that there is substantial field with market data vendors and to NMS—by deregulating the market in evidence of competition in the preserve fair competition between them. proprietary data—would itself further marketplace for data that was not in the Therefore, NASDAQ OMX Information the Act’s goals of facilitating efficiency record in the NetCoalition I case, and LLC receives NLS, BX Last Sale, and and competition: that the Commission is entitled to rely PSX Last Sale from each NASDAQ [E]fficiency is promoted when broker- upon such evidence in concluding fees OMX-operated exchange in the same dealers who do not need the data beyond the are the product of competition, and manner, at the same speed, and prices, sizes, market center identifications of therefore in accordance with the the NBBO and consolidated last sale relevant statutory standards.26 amended paragraph (A) of Section 19(b)(3) of the information are not required to receive (and Act, 15 U.S.C. 78s(b)(3), to make it clear that all pay for) such data. The Commission also exchange fees, including fees for market data, may 24 See Securities Exchange Act Release No. 51808 be filed by exchanges on an immediately effective believes that efficiency is promoted when (June 9, 2005), 70 FR 37496 (June 29, 2005). basis. See also NetCoalition v. SEC, 715 F.3d 342 broker-dealers may choose to receive (and 25 NetCoalition I, at 535. (D.C. Cir. 2013) (‘‘NetCoalition II’’) (finding no 26 It should also be noted that Section 916 of the jurisdiction to review Commission’s non- 23 See supra note 10 regarding BATS One and Dodd-Frank Wall Street Reform and Consumer suspension of immediately effective fee changes). NYSE BQT. Protection Act of 2010 (‘‘Dodd-Frank Act’’) has 27 See, e.g., supra note 10.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55696 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

reflecting the same fees as for all market costs of designing, maintaining, and products is, in turn, a product of the data vendors. Therefore, NASDAQ operating the exchange’s transaction value of the products in making Information LLC has no competitive execution platform and the cost of profitable trading decisions. If the cost advantage with respect to these last sale regulating the exchange to ensure its fair of the product exceeds its expected products and NASDAQ commits to operation and maintain investor value, the BD will choose not to buy it. maintaining this level playing field in confidence. The total return that a Moreover, as a BD chooses to direct the future. In other words, NASDAQ trading platform earns reflects the fewer orders to a particular exchange, will continue to disseminate separately revenues it receives from both products the value of the product to that BD the underlying last sale products to and the joint costs it incurs. Moreover, decreases, for two reasons. First, the avoid creating a latency differential the operation of the exchange is product will contain less information, between NASDAQ OMX Information characterized by high fixed costs and because executions of the BD’s trading LLC and other market data vendors, and low marginal costs. This cost structure activity will not be reflected in it. to avoid creating a pricing advantage for is common in content and content Second, and perhaps more important, NASDAQ OMX Information LLC. distribution industries such as software, the product will be less valuable to that NLS Plus joins the existing market for where developing new software BD because it does not provide proprietary last sale data products that typically requires a large initial information about the venue to which it is currently competitive and inherently investment (and continuing large is directing its orders. Data from the contestable because there is fierce investments to upgrade the software), competing venue to which the BD is competition for the inputs necessary to but once the software is developed, the directing orders will become the creation of proprietary data and incremental cost of providing that correspondingly more valuable. strict pricing discipline for the software to an additional user is Similarly, in the case of products such proprietary products themselves. typically small, or even zero (e.g., if the as NLS Plus that are distributed through Numerous exchanges compete with software can be downloaded over the market data vendors, the vendors each other for listings, trades, and internet after being purchased).28 It is provide price discipline for proprietary market data itself, providing virtually costly to build and maintain a trading data products because they control the limitless opportunities for entrepreneurs platform, but the incremental cost of primary means of access to end users. who wish to produce and distribute trading each additional share on an Vendors impose price restraints based their own market data. This proprietary existing platform, or distributing an upon their business models. For data is produced by each individual additional instance of data, is very low. example, vendors such as Bloomberg exchange, as well as other entities, in a Market information and executions are and Reuters that assess a surcharge on vigorously competitive market. each produced jointly (in the sense that data they sell may refuse to offer Similarly, with respect to the FINRA/ the activities of trading and placing proprietary products that end users will NASDAQ TRF data that is a component orders are the source of the information not purchase in sufficient numbers. of NLS and NLS Plus, allowing that is distributed) and are each subject Internet portals, such as Google, impose exchanges to operate TRFs has to significant scale economies. In such a discipline by providing only data that permitted them to earn revenues by cases, marginal cost pricing is not will enable them to attract ‘‘eyeballs’’ providing technology and data in feasible because if all sales were priced that contribute to their advertising support of the non-exchange segment of at the margin, an exchange would be revenue. Retail BDs, such as Schwab the market. This revenue opportunity unable to defray its platform costs of and Fidelity, offer their customers has also resulted in fierce competition providing the joint products. Similarly, proprietary data only if it promotes between the two current TRF operators, data products cannot make use of TRF trading and generates sufficient with both TRFs charging extremely low trade reports without the raw material of commission revenue. Although the trade reporting fees and rebating the the trade reports themselves, and business models may differ, these majority of the revenues they receive therefore necessitate the costs of vendors’ pricing discipline is the same: from core market data to the parties operating, regulating,29 and maintaining They can simply refuse to purchase any reporting trades. a trade reporting system, costs that must proprietary data product that fails to Transaction execution and proprietary be covered through the fees charged for provide sufficient value. Exchanges, data products are complementary in that use of the facility and sales of associated TRFs, and other producers of market data is both an input and a data. proprietary data products must byproduct of the execution service. In An exchange’s BD customers view the understand and respond to these fact, market data and trade execution are costs of transaction executions and of varying business models and pricing a paradigmatic example of joint data as a unified cost of doing business disciplines in order to market products with joint costs. The decision with the exchange. A BD will direct proprietary data products successfully. whether and on which platform to post orders to a particular exchange only if Moreover, the Exchange believes that an order will depend on the attributes the expected revenues from executing products such as NLS Plus can enhance of the platform where the order can be trades on the exchange exceed net order flow by providing more posted, including the execution fees, transaction execution costs and the cost widespread distribution of information data quality and price, and distribution of data that the BD chooses to buy to about transactions in real time, thereby of its data products. Without trade support its trading decisions (or those of encouraging wider participation in the executions, exchange data products its customers). The choice of data market by investors with access to the cannot exist. Moreover, data products internet or television. Conversely, the are valuable to many end users only 28 See William J. Baumol and Daniel G. Swanson, value of such products to distributors insofar as they provide information that ‘‘The New Economy and Ubiquitous Competitive and investors decreases if order flow end users expect will assist them or Price Discrimination: Identifying Defensible Criteria falls, because the products contain less their customers in making trading of Market Power,’’ Antitrust Law Journal, Vol. 70, content. decisions. No. 3 (2003). Competition among trading platforms 29 It should be noted that the costs of operating The costs of producing market data the FINRA/NASDAQ TRF borne by NASDAQ can be expected to constrain the include not only the costs of the data include regulatory charges paid by NASDAQ to aggregate return each platform earns distribution infrastructure, but also the FINRA. from the sale of its joint products, but

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55697

different platforms may choose from a proprietary data products, and many BDs to produce proprietary products range of possible, and equally currently do or have announced plans to cooperatively in a manner never before reasonable, pricing strategies as the do so, including NASDAQ, NYSE, possible. Multiple market data vendors means of recovering total costs. The NYSE MKT, NYSE Arca, and BATS/ already have the capability to aggregate Exchange pays rebates to attract orders, Direct Edge. data and disseminate it on a profitable charges relatively low prices for market Any ATS or BD can combine with any scale, including Bloomberg and information and charges relatively high other ATS, BD, or multiple ATSs or BDs Thomson Reuters. In Europe, Cinnober prices for accessing posted liquidity. to produce joint proprietary data aggregates and disseminates data from Other platforms may choose a strategy products. Additionally, order routers over 40 brokers and multilateral trading of paying lower liquidity rebates to and market data vendors can facilitate facilities.30 attract orders, setting relatively low single or multiple BDs’ production of In the case of TRFs, the rapid entry of prices for accessing posted liquidity, proprietary data products. The potential several exchanges into this space in and setting relatively high prices for sources of proprietary products are 2006–2007 following the development market information. Still others may virtually limitless. Notably, the and Commission approval of the TRF provide most data free of charge and potential sources of data include the structure demonstrates the rely exclusively on transaction fees to BDs that submit trade reports to TRFs contestability of this aspect of the recover their costs. Finally, some and that have the ability to consolidate market.31 Given the demand for trade platforms may incentivize use by and distribute their data without the reporting services that is itself a by- providing opportunities for equity involvement of FINRA or an exchange- product of the fierce competition for ownership, which may allow them to operated TRF. transaction executions—characterized charge lower direct fees for executions The fact that proprietary data from notably by a proliferation of ATSs and and data. ATSs, BDs, and vendors can by-pass BDs offering internalization—any supra- In this environment, there is no SROs is significant in two respects. competitive increase in the fees economic basis for regulating maximum First, non-SROs can compete directly associated with trade reporting or TRF prices for one of the joint products in an with SROs for the production and sale data would shift trade report volumes industry in which suppliers face of proprietary data products, as BATS from one of the existing TRFs to the competitive constraints with regard to and NYSE Arca did before registering as other 32 and create incentives for other the joint offering. Such regulation is exchanges by publishing proprietary TRF operators to enter the space. unnecessary because an ‘‘excessive’’ book data on the internet. Second, Alternatively, because BDs reporting to price for one of the joint products will because a single order or transaction TRFs are themselves free to consolidate ultimately have to be reflected in lower report can appear in a core data product, the market data that they report, the prices for other products sold by the an SRO proprietary product, and/or a market for over-the-counter data itself, firm, or otherwise the firm will non-SRO proprietary product, the data separate and apart from the markets for experience a loss in the volume of its available in proprietary products is execution and trade reporting services— sales that will be adverse to its overall exponentially greater than the actual is fully contestable. profitability. In other words, an increase number of orders and transaction Moreover, consolidated data provides in the price of data will ultimately have reports that exist in the marketplace. two additional measures of pricing to be accompanied by a decrease in the Indeed, in the case of NLS Plus, the data discipline for proprietary data products cost of executions, or the volume of both provided through that product appears that are a subset of the consolidated data data and executions will fall. both in (i) real-time core data products stream. First, the consolidated data is The level of competition and offered by the SIPs for a fee, (ii) free SIP widely available in real-time at $1 per contestability in the market is evident in data products with a 15-minute time month for non-professional users. the numerous alternative venues that delay, and (iii) individual exchange data Second, consolidated data is also compete for order flow, including products, and finds a close substitute in available at no cost with a 15- or 20- eleven SRO markets, as well as last-sale products of competing venues. minute delay. Because consolidated internalizing BDs and various forms of In addition to the competition and data contains marketwide information, alternative trading systems (‘‘ATSs’’), price discipline described above, the it effectively places a cap on the fees including dark pools and electronic market for proprietary data products is assessed for proprietary data (such as communication networks (‘‘ECNs’’). also highly contestable because market last sale data) that is simply a subset of Each SRO market competes to produce entry is rapid, inexpensive, and the consolidated data. The mere transaction reports via trade executions, profitable. The history of electronic availability of low-cost or free and two FINRA-regulated TRFs compete trading is replete with examples of consolidated data provides a powerful to attract internalized transaction entrants that swiftly grew into some of form of pricing discipline for reports. It is common for BDs to further the largest electronic trading platforms proprietary data products that contain and exploit this competition by sending and proprietary data producers: data elements that are a subset of the their order flow and transaction reports Archipelago, Bloomberg Tradebook, consolidated data, by highlighting the to multiple markets, rather than Island, RediBook, Attain, TracECN, optional nature of proprietary products. providing them all to a single market. BATS Trading and BATS/Direct Edge. A In this environment, a super- Competitive markets for order flow, proliferation of dark pools and other competitive increase in the fees charged executions, and transaction reports ATSs operate profitably with for either transactions or data has the provide pricing discipline for the inputs fragmentary shares of consolidated of proprietary data products. market volume. 30 See http://www.cinnober.com/boat-trade- The large number of SROs, TRFs, BDs, Regulation NMS, by deregulating the reporting. and ATSs that currently produce market for proprietary data, has 31 The low cost exit of two TRFs from the market proprietary data or are currently capable increased the contestability of that is also evidence of a contestable market, because of producing it provides further pricing market. While BDs have previously new entrants are reluctant to enter a market where exit may involve substantial shut-down costs. discipline for proprietary data products. published their proprietary data 32 It should be noted that the FINRA/NYSE TRF Each SRO, TRF, ATS, and BD is individually, Regulation NMS has, in recent weeks, received reports for almost currently permitted to produce encourages market data vendors and 10% of all over-the-counter volume in NMS stocks.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55698 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

potential to impair revenues from both Comments may be submitted by any of SECURITIES AND EXCHANGE products. ‘‘No one disputes that the following methods: COMMISSION competition for order flow is ‘fierce’.’’ Electronic Comments [Release No. 34–75882; File No. SR– NetCoalition I at 539. The existence of NASDAQ–2015–110] fierce competition for order flow • Use the Commission’s Internet implies a high degree of price sensitivity comment form (http://www.sec.gov/ Self-Regulatory Organizations; The on the part of BDs with order flow, since rules/sro.shtml); or NASDAQ Stock Market LLC; Notice of they may readily reduce costs by • Send an email to rule-comments@ Filing and Immediate Effectiveness of directing orders toward the lowest-cost Proposed Rule Change to Amend sec.gov. Please include File Number SR– trading venues. A BD that shifted its NASDAQ Rules 7015(b) and (g) to Phlx–2015–76 on the subject line. order flow from one platform to another Modify Port Fees in response to order execution price Paper Comments differentials would both reduce the September 10, 2015. value of that platform’s market data and • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the reduce its own need to consume data to Secretary, Securities and Exchange Securities Exchange Act of 1934 from the disfavored platform. If a Commission, 100 F Street NE., (‘‘Act’’),1 and Rule 19b–4 thereunder,2 platform increases its market data fees, Washington, DC 20549–1090. notice is hereby given that, on the change will affect the overall cost of September 3, 2015, The NASDAQ Stock All submissions should refer to File doing business with the platform, and Market LLC (‘‘NASDAQ’’ or Number SR–Phlx–2015–76. This file affected BDs will assess whether they ‘‘Exchange’’) filed with the Securities number should be included on the can lower their trading costs by and Exchange Commission (‘‘SEC’’ or subject line if email is used. To help the directing orders elsewhere and thereby ‘‘Commission’’) the proposed rule lessening the need for the more Commission process and review your change as described in Items I, II, and expensive data. Similarly, increases in comments more efficiently, please use III below, which Items have been the cost of NLS Plus would impair the only one method. The Commission will prepared by the Exchange. The willingness of distributors to take a post all comments on the Commission’s Commission is publishing this notice to product for which there are numerous Internet Web site (http://www.sec.gov/ solicit comments on the proposed rule alternatives, impacting NLS Plus data rules/sro.shtml). Copies of the change from interested persons. submission, all subsequent revenues, the value of NLS Plus as a tool I. Self-Regulatory Organization’s for attracting order flow, and ultimately, amendments, all written statements with respect to the proposed rule Statement of the Terms of Substance of the volume of orders routed and the the Proposed Rule Change value of other data products. change that are filed with the Commission, and all written The Exchange proposes to reduce the C. Self-Regulatory Organization’s communications relating to the fee charged for FIX Trading Ports under Statement on Comments on the proposed rule change between the Rule 7015(b) and certain other ports Proposed Rule Change Received From Commission and any person, other than under Rule 7015(g) in light of the Members, Participants, or Others those that may be withheld from the Exchange removing recently-upgraded No written comments were either public in accordance with the hardware supporting the ports, which solicited or received. provisions of 5 U.S.C. 552, will be was the basis for an increased fee. The available for Web site viewing and Exchange will implement the proposed III. Date of Effectiveness of the printing in the Commission’s Public new fees on September 1, 2015. Proposed Rule Change and Timing for Reference Room, 100 F Street NE., The text of the proposed rule change Commission Action Washington, DC 20549, on official is below; proposed new language is The foregoing rule change has become business days between the hours of underlined; proposed deletions are in effective pursuant to Section 10:00 a.m. and 3:00 p.m. Copies of the brackets. 19(b)(3)(A)(ii) of the Act.33 At any time filing also will be available for * * * * * inspection and copying at the principal within 60 days of the filing of the 7015. Access Services proposed rule change, the Commission office of the Exchange. All comments summarily may temporarily suspend received will be posted without change; The following charges are assessed by such rule change if it appears to the the Commission does not edit personal Nasdaq for connectivity to systems Commission that such action is identifying information from operated by NASDAQ, including the necessary or appropriate in the public submissions. You should submit only Nasdaq Market Center, the FINRA/ interest, for the protection of investors, information that you wish to make NASDAQ Trade Reporting Facility, and or otherwise in furtherance of the available publicly. FINRA’s OTCBB Service. The following purposes of the Act. If the Commission All submissions should refer to File fees are not applicable to the NASDAQ takes such action, the Commission shall Number SR–Phlx–2015–76 and should Options Market LLC. For related options institute proceedings to determine be submitted on or before October 7, fees for Access Services refer to Chapter whether the proposed rule should be 2015. XV, Section 3 of the Options Rules. approved or disapproved. (a) No change. For the Commission, by the Division of (b) Financial Information Exchange IV. Solicitation of Comments Trading and Markets, pursuant to delegated (FIX) authority.34 Interested persons are invited to submit written data, views, and Robert W. Errett, Ports Price Deputy Secretary. arguments concerning the foregoing, FIX Trading Port ...... $550[75]/port/ including whether the proposed rule [FR Doc. 2015–23219 Filed 9–15–15; 8:45 am] month. change is consistent with the Act. BILLING CODE 8011–01–P 1 15 U.S.C. 78s(b)(1). 33 15 U.S.C. 78s(b)(3)(A)(ii). 34 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55699

Ports Price (c)—(f) No change. (g) Other Port Fees FIX Port for Services $500/port/month. Other than Trading.

REMOTE MULTI-CAST ITCH WAVE PORTS

Recurring Description Installation fee monthly fee

MITCH Wave Port at Secaucus, NJ ...... $2,500 $7,500 MITCH Wave Port at Weehawken, NJ ...... 2,500 7,500 MITCH Wave Port at Mahwah, NJ ...... 5,000 12,500

The following port fees shall apply in A. Self-Regulatory Organization’s As a consequence, the Exchange has connection with the use of other trading Statement of the Purpose of, and determined that the risk associated with telecommunication protocols: Statutory Basis for, the Proposed Rule keeping the FPGA technology in terms • $550[75] per month for each port Change of potential disruption to trading ® outweighs the benefit provided in terms pair, other than Multicast ITCH data 1. Purpose feed pairs, for which the fee is $1,000 of increased performance. Additionally, NASDAQ is proposing to amend per month for software-based NASDAQ would like to conduct NASDAQ Rules 7015(b) and (g) to TotalView-ITCH or $2,500 per month additional testing and further review of modify the monthly fee it charges for for combined software- and hardware- the implementation before ports used to enter orders in the based TotalView-ITCH, and TCP ITCH reintroducing the offering. Accordingly, NASDAQ Market Center for the trading data feed pairs, for which the fee is $750 the Exchange is reverting the affected of equities, in connection with the use per month. ports back to the hardware used prior to of FIX and other trading • the FPGA hardware as a precautionary An additional $200 per month for telecommunication protocols.3 measure and concurrently reducing the each port used for entering orders or NASDAQ recently increased fees for FIX monthly fees for those ports to their pre- quotes over the Internet. Ports under Rule 7015(b) and for ports upgrade levels. • An additional $600 per month for with certain other protocols under Rule each port used for market data delivery 7015(g).4 NASDAQ increased the fees to 2. Statutory Basis over the Internet. offset costs associated with upgrading NASDAQ believes that the proposed rule change is consistent with the Dedicated OUCH Port Infrastructure these ports with new field- programmable gate array (‘‘FPGA’’) provisions of Section 6 of the Act,6 in The Dedicated OUCH Port technology, which is a hardware- general, and with Section 6(b)(5) of the Infrastructure subscription allows a delivery mechanism that provides Act 7 in particular, in that the proposal member firm to assign up to 30 of its improved performance in terms of is designed to prevent fraudulent and OUCH ports to a dedicated server predictability.5 The Exchange manipulative acts and practices, to infrastructure for its exclusive use. A implemented the new FPGA hardware promote just and equitable principles of Dedicated OUCH Port Infrastructure and increased the related port fees on trade, to foster cooperation and subscription is available to a member August 3, 2015. coordination with persons engaged in firm for a fee of $5,000 per month, NASDAQ recently completed internal regulating, clearing, settling, processing which is in addition to the standard fees testing of future functionality related to information with respect to, and assessed for each OUCH port. A one- the trading systems and through this facilitating transactions in securities, to time installation fee of $5,000 is testing identified a potential unforeseen remove impediments to and perfect the assessed subscribers for each Dedicated risk, which could cause a disruption to mechanism of a free and open market OUCH Port Server subscription. trading with the FPGA updated ports. and a national market system, and, in (h)—(i) No change. general, to protect investors and the 3 Under Rule 7015(g), the Exchange assesses public interest. The Exchange believes * * * * * certain port fees that apply in connection with the that removing the FPGA hardware and use of other trading telecommunication protocols. II. Self-Regulatory Organization’s NASDAQ charges a $575 per month, per port pair reverting back to the hardware used Statement of the Purpose of, and fee for OUCH and RASH protocol ports, $1,000 per prior to the FPGA upgrade will further Statutory Basis for, the Proposed Rule month, per port pair for software-based TotalView- perfect the NASDAQ market and serve Change ITCH, $2,500 per month, per port pair for combined to protect investors because the change software- and hardware-based TotalView-ITCH, and $750 per month, per port pair for TCP ITCH data is designed to minimize a newly- In its filing with the Commission, the feed pairs. Under the rule, the Exchange also identified risk of a market disruption Exchange included statements assesses an additional $200 per month for each port caused by a technical issue within the concerning the purpose of and basis for used for entering orders or quotes over the Internet Exchange’s control to eliminate. The the proposed rule change and discussed and an additional $600 per month for each port Exchange determined that the risk, any comments it received on the used for market data delivery over the Internet. 4 See Securities Exchange Act Release No. 75557 while unlikely to occur, would be proposed rule change. The text of these (July 30, 2015), 80 FR 46640 (August 5, 2015) (SR– disruptive to trading and consequently statements may be examined at the NASDAQ–2015–086). outweighs the benefit it provided. places specified in Item IV below. The 5 FPGA hardware is able to process more data The Exchange believes the proposed Exchange has prepared summaries, set packets during peak market conditions without the rule change is consistent with Section introduction of variable queuing latency, which forth in sections A, B, and C below, of improves the predictability of telecommunications the most significant aspects of such ports over non-FPGA hardware and thereby adds 6 15 U.S.C. 78f. statements. value to the user. 7 15 U.S.C. 78f(b)(5).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55700 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

6(b)(4) of the Act 8 in that it provides for C. Self-Regulatory Organization’s those that may be withheld from the the equitable allocation of reasonable Statement on Comments on the public in accordance with the dues, fees and other charges among Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be members and issuers and other persons Members, Participants or Others available for Web site viewing and using any facility or system which the No written comments were either printing in the Commission’s Public Exchange operates or controls, and it solicited or received. Reference Room, 100 F Street NE., does not unfairly discriminate between Washington, DC 20549, on official III. Date of Effectiveness of the customers, issuers, brokers or dealers. business days between the hours of Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of such The Exchange believes that the Commission Action proposed reduction in port fees under filing also will be available for Rules 7015(b) and (g) to their pre-FPGA The foregoing rule change has become inspection and copying at the principal effective pursuant to Section office of the Exchange. All comments upgrade levels is reasonable because 9 NASDAQ is removing the upgraded 19(b)(3)(A)(ii) of the Act. received will be posted without change; At any time within 60 days of the hardware from the ports, the cost of the Commission does not edit personal filing of the proposed rule change, the identifying information from which was the basis for increasing the Commission summarily may fees. In addition, applying the lower submissions. You should submit only temporarily suspend such rule change if information that you wish to make fees will allow NASDAQ to keep the fee it appears to the Commission that such in line with its realized capital and available publicly. All submissions action is: (i) Necessary or appropriate in should refer to File Number SR– operating expenditures, which will be the public interest; (ii) for the protection NASDAQ–2015–110 and should be lower going forward based on the of investors; or (iii) otherwise in submitted on or before October 7, 2015. operation of the ports with the pre- furtherance of the purposes of the Act. upgrade hardware. The Exchange If the Commission takes such action, the For the Commission, by the Division of believes that the proposed reduction of Commission shall institute proceedings Trading and Markets, pursuant to delegated the fees to their prior levels is both to determine whether the proposed rule authority.10 equitably allocated and not unfairly should be approved or disapproved. Robert W. Errett, discriminatory because it will apply IV. Solicitation of Comments uniformly to all market participants that Deputy Secretary. Interested persons are invited to subscribe to FIX Ports under Rule [FR Doc. 2015–23212 Filed 9–15–15; 8:45 am] submit written data, views and 7015(b), and OUCH and RASH Ports arguments concerning the foregoing, BILLING CODE 8011–01–P under Rule 7015(g) based on the number including whether the proposed rule of such ports subscribed. Accordingly, change is consistent with the Act. SECURITIES AND EXCHANGE market participants will be assessed the Comments may be submitted by any of COMMISSION fees in place prior to the increase and the following methods: will have the same hardware supported by those fees. Electronic Comments [Release No. 75885] • Use the Commission’s Internet B. Self-Regulatory Organization’s comment form (http://www.sec.gov/ In the Matter of BATS Global Markets, Statement on Burden on Competition rules/sro.shtml); or Inc.; BOX Options Exchange LLC; KCG • Holdings, Inc.; Miami International NASDAQ does not believe that the Send an email to rule-comments@ Securities Exchange, LLC; proposed rule change will result in any sec.gov. Please include File Number SR– NASDAQ–2015–110 on the subject line. Susquehanna International Group, burden on competition that is not LLP; Order Granting Petitions for necessary or appropriate in furtherance Paper Comments Review and Scheduling Filing of of the purposes of the Act, as amended. • Send paper comments in triplicate Statements The Exchange believes that the proposal to Secretary, Securities and Exchange is irrelevant to competition because it is Commission, 100 F Street NE., September 10, 2015. not driven by, and will have no impact Washington, DC 20549–1090. This matter comes before the on, competition. Specifically, the All submissions should refer to File Commission on petition to review the Exchange is reverting fees to their prior, Number SR–NASDAQ–2015–110. This approval, through delegated authority, lower levels in light of the Exchange file number should be included on the of the Options Clearing Corporation’s removing upgraded hardware that was subject line if email is used. To help the (‘‘OCC’’) plan for raising additional the basis for the fee increase. Reverting Commission process and review your capital (‘‘Capital Plan’’) to support its the fees to their lower levels will keep comments more efficiently, please use function as a systemically important the fees assessed in line with the only one method. The Commission will financial market utility. On January 26, Exchange’s expenditures at this juncture post all comments on the Commission’s 2015, the Commission issued a notice of associated with offering the ports. As Internet Web site (http://www.sec.gov/ filing of the proposed rule change such, the Exchange does not believe the rules/sro.shtml). Copies of the regarding the Capital Plan.1 After proposed change will have any impact submission, all subsequent consideration of the record in the on competition, as market participants amendments, all written statements proposed rule change, the Division of will be assessed the same fee for their with respect to the proposed rule Trading and Markets, for the ports with the same hardware that was change that are filed with the Commission pursuant to delegated in place prior to the fee increase. Commission, and all written authority, issued an order approving communications relating to the proposed rule change between the 10 17 CFR 200.30–3(a)(12). Commission and any person, other than 1 Securities Exchange Act Release No. 74136 (January 26, 2015), 80 FR 5171 (January 30, 2015) 8 15 U.S.C. 78f(b)(4). 9 15 U.S.C. 78s(b)(3)(A)(ii). (SR–OCC–2015–02).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55701

(‘‘Approval Order’’) the Capital Plan on SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s March 6, 2015.2 COMMISSION Statement of the Purpose of, and the BATS Global Markets, Inc. (‘‘BATS’’), Statutory Basis for, the Proposed Rule BOX Options Exchange LLC (‘‘BOX’’), [Release No. 34–75888; File No. SR– Change KCG Holdings, Inc. (‘‘KCG’’), Miami NYSEArca–2015–74] 1. Purpose International Securities Exchange, LLC (‘‘MIAX’’), and Susquehanna Self-Regulatory Organizations; NYSE The Commission has approved listing and trading on the Exchange of shares International Group, LLP (‘‘SIG’’) Arca, Inc.; Notice of Filing of Proposed (‘‘Shares’’) of the Market Vectors Short (collectively ‘‘Petitioners’’) each filed Rule Regarding a Change to the petitions for review of the Approval High Yield Municipal Index ETF Reference Index Relating to the Market (‘‘Fund’’) under NYSE Arca Equities Order, challenging the action taken by Vectors Short High Yield Municipal delegated authority.3 Rule 5.2(j)(3), which governs the listing Index ETF and trading of Investment Company The Commission finds that the 4 Petitioners are aggrieved by the September 10, 2015. Units (‘‘Units’’). Shares of the Fund are currently listed and traded on the Approval Order and pursuant to Rule Pursuant to Section 19(b)(1) 1 of the 431 of the Rules of Practice, the Exchange. Securities Exchange Act of 1934 The Fund is a series of the Market Petitioners’ petitions for review of the (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Vectors ETF Trust. Van Eck Associates Approval Order are granted. Further, the Corporation is the investment adviser Commission hereby establishes that any notice is hereby given that, on August (‘‘Adviser’’) for the Fund. Van Eck party or other person may file a written 26, 2015, NYSE Arca, Inc. (‘‘Exchange’’ Securities Corporation is the Fund’s statement in support of or in opposition or ‘‘NYSE Arca’’) filed with the Securities and Exchange Commission distributor (‘‘Distributor’’). Van Eck to the Approval Order on or before Associates Corporation also is the October 7, 2015. This will provide an (‘‘Commission’’) the proposed rule change as described in Items I and II administrator for the Fund (the opportunity for the Commission to ‘‘Administrator’’). The Bank of New receive additional comment and below, which Items have been prepared by the self-regulatory organization. The York Mellon is the custodian of the information to help it more fully assess Fund’s assets and provides transfer Commission is publishing this notice to the issues raised. The Commission has agency and fund accounting services to solicit comments on the proposed rule issued a separate order addressing the the Fund. 4 automatic stay. change from interested persons. As described in the Release, the For the reasons stated above, it is I. Self-Regulatory Organization’s investment objective of the Fund is to hereby: Statement of the Terms of Substance of seek to replicate as closely as possible, Ordered that the petitions of BATS, the Proposed Rule Change before fees and expenses, the price and BOX, KCG, MIAX, and SIG for review of yield performance of the Barclays the staff’s action in approving by The Exchange proposes to reflect a Municipal High Yield Short Duration delegated authority File No. SR–OCC– change to the reference index relating to Index (the ‘‘Short High Yield Index’’ or 5 2015–02 are GRANTED; and the Market Vectors Short High Yield ‘‘Index’’).5 The Index is a market size It is further ordered that any party or Municipal Index ETF. Shares of the weighted index composed of publicly other person may file a statement in Fund are currently listed and traded on traded municipal bonds that cover the support of or in opposition to the action the Exchange under NYSE Arca Equities U.S. dollar denominated high yield made pursuant to delegated authority on Rule 5.2(j)(3). The text of the proposed short-term tax-exempt bond market. The or before October 7, 2015. rule change is available on the majority of the Index’s constituents are The order approving such proposed Exchange’s Web site at www.nyse.com, from the revenue sector, with some rule change shall remain in effect. constituents being from the general at the principal office of the Exchange, obligation sector. The revenue sector is By the Commission. and at the Commission’s Public divided into industry sectors that Robert W. Errett, Reference Room. Deputy Secretary. II. Self-Regulatory Organization’s 4 See Securities Exchange Act Release No. 71232 [FR Doc. 2015–23240 Filed 9–15–15; 8:45 am] Statement of the Purpose of, and (January 3, 2014), 79 FR 1662 (January 9, 2014 (SR– BILLING CODE P NYSEArca–2013–118) (order approving listing and Statutory Basis for, the Proposed Rule trading of shares of the Market Vectors Short High Change Yield Municipal Index ETF) (‘‘Order’’). See also, 2 Order Approving Proposed Rule Change Securities Exchange Act Release No. 70871 Concerning a Proposed Capital Plan for Raising In its filing with the Commission, the (November 14, 2013), 78 FR 69503 (November 19, Additional Capital That Would Support the Options 2013) (SR–NYSEArca–2013–118) (notice of Clearing Corporation’s Function as a Systemically self-regulatory organization included proposed rule change relating to listing and trading Important Financial Market Utility, Securities statements concerning the purpose of, of shares of the Market Vectors Short High Yield Exchange Act Release No. 74452 (March 6, 2015), and basis for, the proposed rule change Municipal Index ETF) (‘‘Notice’’ and, together with 80 FR 13058 (March 12, 2015) (SR–OCC–2015–02). and discussed any comments it received the Order, the ‘‘Release’’). The Capital Plan was previously filed as an advance 5 As described in the Release, the Exchange notice pursuant to Section 806(e)(1) of the Payment, on the proposed rule change. The text submitted a proposed rule change to permit listing Clearing, and Settlement Supervision Act of 2010. of those statements may be examined at and trading of Shares of the Fund because the Index See 12 U.S.C. 5465(e)(1). The Commission issued a the places specified in Item IV below. did not meet all of the ‘‘generic’’ listing notice of no objection to the advance notice on requirements of Commentary .02(a) to NYSE Arca February 26, 2015. See Securities Exchange Act The Exchange has prepared summaries, Equities Rule 5.2(j)(3) applicable to the listing of Release No. 74387 (February 26, 2015), 80 FR 12215 set forth in sections A, B, and C below, Units based on fixed income securities indexes. The (March 6, 2015) (SR–OCC–2014–813). of the most significant parts of such Index met all such requirements except for those set 3 Under Commission Rule of Practice 430 any statements. forth in Commentary .02(a)(2). Commentary aggrieved party may seek review of an action made .02(a)(2) to NYSE Arca Equities Rule 5.2(j)(3) by delegated authority. See 17 CFR 201.430. provides that components that in the aggregate 4 See Order Discontinuing the Automatic Stay, account for at least 75% of the weight of the index 1 15 U.S.C. 78s(b)(1). Securities Exchange Act Release No. 75886 or portfolio each shall have a minimum original (September 10, 2015). 2 15 U.S.C. 78a. principal amount outstanding of $100 million or 5 See supra note 2. 3 17 CFR 240.19b–4. more.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55702 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

consist of but may not be limited to million and be issued as part of a issued as part of a transaction of at least electric, health care, transportation, transaction of at least $100 million.7 $75 million. education, water and sewer, resource • 25% weight in Muni High Yield/ Remarketed issues are not allowed in recovery, leasing and special tax. The Under $100 Million Deal Size Index. To the benchmark. All bonds must have a Index is calculated using a market value be included in the Muni High Yield/ fixed rate, a dated-date (i.e., the date weighting methodology, provided the Under $100 Million Deal Size Index, when interest begins to accrue) after allocation to issuers from the territories bonds must be unrated or rated Ba1/BB+ December 31, 1990 and a nominal of the United States, including: Puerto or lower by at least two of the following maturity of 1 to 12 years. Taxable Rico, Guam, the U.S. Virgin Islands, rating agencies if all three rate the bond: municipal bonds, bonds with floating American Samoa and the Northern Moody’s, S&P and Fitch. If only two of rates and derivatives are excluded from Mariana Islands, each individually does the three agencies rate the security, the the Short High-Yield Index. not exceed 8%. The market value of lower rating is used to determine index The composition of the Revised Index each bond over the limit is adjusted on eligibility. If only one of the three will be rebalanced monthly. Interest and agencies rates a security, the rating must a pro-rata basis.6 principal payments earned by the be Ba1/BB+ or lower. Bonds in the Muni component securities will be held in the The Index Provider is proposing to High Yield/Under $100 Million Deal Revised Index without a reinvestment slightly revise the Index methodology as Size Index must have an outstanding return until month end when they are described in the Release as follows. The par value of at least $3 million and be removed from the Revised Index. revised Short High-Yield Index issued as part of a transaction of under Total returns will be calculated based (‘‘Revised Index’’) will have a targeted $100 million but over $20 million.8 on the sum of price changes, gain/loss 40% weight in the Muni High Yield/ • 25% weight in Muni Baa-Rated/ on repayments of principal, and $100 Million Deal Size Index (reduced $100 Million Deal Size Index. To be coupons received or accrued, expressed from 50% weight). In addition, the included in the Muni Baa-Rated/$100 as a percentage of beginning market Revised Index will have a 10% weight Million Deal Size Index, bonds must value. The Revised Index will be in the Muni A-Rated Index, which is have a Barclays credit quality calculated and will be available once a comprised of investment grade classification between Baa1/BBB+ and day. components, as described below. The Baa3/BBB-. Barclays credit quality The Exchange is submitting this Revised Index will continue to have a classification is based on the three proposed rule change because the 25% weight in the Muni High Yield/ rating agencies, Moody’s, S&P and Revised Index does not meet all of the Under $100 Million Deal Size Index and Fitch. If two of the three agencies rate ‘‘generic’’ listing requirements of a 25% weight in the Muni Baa-Rated/ the bond equivalently, then that rating Commentary .02(a) to NYSE Arca $100 Million Deal Size Index, as is used. If all three rate the bond Equities Rule 5.2(j)(3) applicable to the described in the Release. differently, the middle rating is used. If listing of Units based on fixed income The Revised Index will be comprised only two of the three agencies rate the securities indexes. The Revised Index security, the lower rating is used to of four total return, market size meets all such requirements except for determine index eligibility. If only one weighted benchmark indexes with target those set forth in Commentary of the three agencies rates a security, the 10 weights as follows: .02(a)(2). Specifically, as of June 30, rating must be Baa1/BBB+, Baa2/BBB, 2015, 30.10% of the weight of the • 40% weight in Muni High Yield/ or Baa3/BBB-. The bonds must have an Revised Index components have a $100 Million Deal Size Index. To be outstanding par value of at least $7 minimum original principal amount included in the Muni High Yield/$100 million and be issued as part of a outstanding of $100 million or more. Million Deal Size Index, bonds must be transaction of at least $100 million.9 As of June 30, 2015, 69.73% of the unrated or rated Ba1/BB+ or lower by at • 10% weight in Muni A-Rated Index. weight of the Revised Index components least two of the following rating To be included in the Muni A-Rated was composed of individual maturities agencies if all three rate the bond: Index, bonds must have a Barclays that were part of an entire municipal Moody’s Investors Service, Inc. credit quality classification between A1/ bond offering with a minimum original (‘‘Moody’s’’), Standard & Poor’s, Inc. A+ and A3/A-. The Barclays credit principal amount outstanding of $100 (‘‘S&P’’) and Fitch, Inc. (‘‘Fitch’’). If only quality classification is based on the million or more for all maturities of the two of the three agencies rate the three rating agencies, Moody’s, S&P and offering. In addition, the total dollar security, the lower rating is used to Fitch. If two of the three agencies rate amount outstanding of issues in the determine index eligibility. If only one the bond equivalently, then that rating Revised Index was approximately of the three agencies rates a security, the is used. If all three rate the bond $224.6 billion and the average dollar rating must be Ba1/BB+ or lower. Bonds differently, the middle rating is used. If amount outstanding of issues in the in the Muni High Yield/$100 Million only two of the three agencies rate the Index was approximately $23.7 million. Deal Size Index must have an security, the lower rating is used to Further, the most heavily weighted outstanding par value of at least $3 determine index eligibility. If only one component represents 2.44% of the of the three agencies rates a security, the weight of the Revised Index and the five 6 The Index is published by Barclays Capital, Inc. rating must be A1/A+, A2/A, or A3/A¥. most heavily weighted components (‘‘Index Provider’’). The Index Provider is a The bonds must have an outstanding represent 9.47% of the weight of the registered broker-dealer and has implemented a fire par value of at least $7 million and be 11 wall with respect to its relevant personnel regarding Revised Index. Therefore, the access to information concerning the composition and/or changes to the Index. In addition, the Index 7 As described in the Release, currently 50% of 10 Commentary .02(a)(2) to NYSE Arca Equities Provider is affiliated with a broker-dealer and has the Index weight is in the Muni High Yield/$100 Rule 5.2(j)(3) provides that components that in the implemented a fire wall with respect to its broker- Million Deal Size Index. aggregate account for at least 75% of the weight of dealer affiliate regarding access to information 8 The 25% weighting in the Muni High Yield/ the index or portfolio each shall have a minimum concerning the composition and/or changes to the Under $100 Million Deal Size Index is identical to original principal amount outstanding of $100 Index. The Index Provider and its broker-dealer such weighting as set forth in the Release. million or more. affiliate have implemented procedures designed to 9 The 25% weighting in the Muni Baa-Rated/$100 11 Commentary .02(a)(4) to NYSE Arca Equities prevent the use and dissemination of material, non- Million Deal Size Index is identical to such Rule 5.2(j)(3) provides that no component fixed- public information regarding the Index. weighting as set forth in the Release. income security (excluding Treasury Securities and

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55703

Exchange believes that, notwithstanding equity securities, trading hours, trading revised Index methodology, there will that the Index does not satisfy the halts, surveillance, and the Information be a 40% weight in the Muni High criterion in NYSE Arca Equities Rule Bulletin to Equity Trading Permit Yield/$100 Million Deal Size Index 5.2(j)(3), Commentary .02(a)(2), the Holders (‘‘ETP Holders’’), as set forth in (reduced from 50% weight). In addition, Revised Index is sufficiently broad- Exchange rules applicable to Units and the Revised Index will have a 10% based to deter potential manipulation, prior Commission orders approving the weight in the Muni A-Rated Index, given that it is composed of generic listing rules applicable to the which is comprised of investment grade approximately 9,481 issues and 900 listing and trading of Units.14 components. The Revised Index will unique issuers. In addition, the Revised The current value of the Revised continue to have a 25% weight in the Index securities are sufficiently liquid to Index will be widely disseminated by Muni High Yield/Under $100 Million deter potential manipulation in that a one or more major market data vendors Deal Size Index and a 25% weight in the substantial portion (69.73%) of the at least once per day, as required by Muni Baa-Rated/$100 Million Deal Size Revised Index weight is composed of NYSE Arca Equities Rule 5.2(j)(3), Index, as described in the Release. maturities that are part of a minimum Commentary .02 (b)(ii). The IIV for Therefore, the benchmark indexes original principal amount outstanding Shares of the Fund will be disseminated would include a higher overall of $100 million or more, and in view of by one or more major market data percentage in investment grade and, the substantial total dollar amount vendors, updated at least every 15 specifically, higher rated investment outstanding and the average dollar seconds during the Exchange’s Core grade municipal issues, than under the amount outstanding of Revised Index Trading Session, as required by NYSE current Index methodology. The issues, as referenced above. Arca Equities Rule 5.2(j)(3), Exchange believes that, as with the In addition, the average daily notional Commentary .02 (c). current Index, the Revised Index will be trading volume for Revised Index The Adviser represents that there is sufficiently broad-based to deter components for the period from June 30, no change to the Fund’s investment potential manipulation, and the Revised 2014 to June 30, 2015 was objective. The Fund will continue to Index components will be sufficiently approximately $323.6 million and the comply with all initial and continued liquid to deter potential manipulation in sum of the notional trading volumes for listing requirements under NYSE Arca that a substantial portion (69.73%) of the same period was $82.2 billion. Equities Rule 5.2(j)(3). the Revised Index weight will be The Revised Index value, calculated Except for the changes noted above, composed of maturities that are part of and disseminated at least once daily, as all other facts presented and a minimum original principal amount well as the components of the Revised representations made in the Release outstanding of $100 million or more. In Index and their percentage weighting, remain unchanged. addition, because 90% of the Revised will be available from major market data All terms referenced but not defined Index weight will consist of the same vendors. In addition, the portfolio of herein are defined in the Release. benchmark index weightings as securities held by the Fund will be 2. Statutory Basis described in the Release, there will disclosed daily on the Fund’s Web site continue to be substantial total dollar at www.marketvectorsetfs.com. The basis under the Act for this amount outstanding and average dollar The Exchange represents that: (1) proposed rule change is the requirement 15 amount outstanding of Revised Index except for Commentary .02(a)(2) to under Section 6(b)(5) that an issues. As with the current Index, the NYSE Arca Equities Rule 5.2(j)(3), the exchange have rules that are designed to Revised Index value, calculated and Shares of the Fund currently satisfy all prevent fraudulent and manipulative disseminated at least once daily, as well of the generic listing standards under acts and practices, to promote just and as the components of the Revised Index NYSE Arca Equities Rule 5.2(j)(3); (2) equitable principles of trade, to remove and their respective percentage the continued listing standards under impediments to, and perfect the weightings, will be available from major NYSE Arca Equities Rules 5.2(j)(3) and mechanism of a free and open market market data vendors. In addition, the 5.5(g)(2) applicable to Units shall apply and, in general, to protect investors and portfolio of securities held by the Fund to the Shares; and (3) the Trust is the public interest. will be disclosed on the Fund’s Web The Exchange believes that the required to comply with Rule 10A–3 site. The IIV for Shares of the Fund will 12 proposed rule change is designed to under the Act for the initial and be disseminated by one or more major prevent fraudulent and manipulative continued listing of the Shares. In market data vendors, updated at least acts and practices, and is designed to addition, the Exchange represents that every 15 seconds during the Exchange’s promote just and equitable principles of the Shares will comply with all other Core Trading Session. requirements applicable to Units trade and to protect investors and the The proposed rule change is designed including, but not limited to, public interest, in that the Adviser to perfect the mechanism of a free and requirements relating to the represents that there is no change to the open market and, in general, to protect dissemination of key information such Fund’s investment objective. Under the investors and the public interest in that as the value of the Index and the the Fund will continue to comply with applicable Intraday Indicative Value several major market data vendors display and/or all initial and continued listing 13 make widely available IIVs taken from the (‘‘IIV’’), rules governing the trading of Consolidated Tape Association (‘‘CTA’’) or other requirements under NYSE Arca Equities data feeds. Rule 5.2(j)(3). As noted above, the GSE Securities, as defined therein) shall represent 14 See, e.g., Securities Exchange Act Release Nos. Revised Index meets all such more than 30% of the weight of the index or 55783 (May 17, 2007), 72 FR 29194 (May 24, 2007) requirements except for those set forth portfolio, and the five most heavily weighted (SR–NYSEArca–2007–36) (order approving NYSE 16 component fixed-income securities in the index or Arca generic listing standards for Units based on a in Commentary .02(a)(2). Specifically, portfolio shall not in the aggregate account for more fixed income index); 44551 (July 12, 2001), 66 FR as of as of June 30, 2015, 30.10% of the than 65% of the weight of the index or portfolio. 37716 (July 19, 2001) (SR–PCX–2001–14) (order weight of the Revised Index components 12 17 CFR 240.10A–3. approving generic listing standards for Units and have a minimum original principal 13 The IIV will be widely disseminated by one or Portfolio Depositary Receipts); 41983 (October 6, amount outstanding of $100 million or more major market data vendors at least every 15 1999), 64 FR 56008 (October 15, 1999) (SR–PCX– seconds during the Exchange’s Core Trading 98–29) (order approving rules for listing and trading more. In addition, the total dollar Session of 9:30 a.m. to 4:00 p.m., Eastern time. of Units). Currently, it is the Exchange’s understanding that 15 15 U.S.C. 78f(b)(5). 16 See note 10, supra.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55704 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

amount outstanding of issues in the C. Self-Regulatory Organization’s public in accordance with the Revised Index was approximately Statement on Comments on the provisions of 5 U.S.C. 552, will be $224.6 billion and the average dollar Proposed Rule Change Received From available for Web site viewing and amount outstanding of issues in the Members, Participants, or Others printing in the Commission’s Public Index was approximately $23.7 million. No written comments were solicited Reference Section, 100 F Street NE., Further, the most heavily weighted or received with respect to the proposed Washington, DC 20549 on official component represents 2.44% of the rule change. business days between 10 a.m. and 3 weight of the Revised Index and the five p.m. Copies of the filing will also be most heavily weighted components III. Date of Effectiveness of the available for inspection and copying at represent 9.47% of the weight of the Proposed Rule Change and Timing for the NYSE’s principal office and on its Revised Index.17 Therefore, the Commission Action Internet Web site at www.nyse.com. All Exchange believes that, notwithstanding Within 45 days of the date of comments received will be posted that the Index does not satisfy the publication of this notice in the Federal without change; the Commission does criterion in NYSE Arca Equities Rule Register, or such later date up to 90 not edit personal identifying 5.2(j)(3), Commentary .02(a)(2), the days from the date of publication (i) as information from submissions. You Revised Index is sufficiently broad- the Commission may designate if it should submit only information that based to deter potential manipulation, finds such longer period to be you wish to make available publicly. All given that it is composed of appropriate and publishes its reasons submissions should refer to File approximately 9,481issues and 900 for so finding or (ii) as to which the self- Number SR–NYSEArca-2015–74 and unique issuers. In addition, the Revised regulatory organization consents, the should be submitted on or before Index securities are sufficiently liquid to Commission will: October 7, 2015. deter potential manipulation in that a (A) by order approve or disapprove For the Commission, by the Division of substantial portion (69.73%) of the the proposed rule change, or Trading and Markets, pursuant to delegated 18 Revised Index weight is composed of (B) institute proceedings to determine authority. maturities that are part of a minimum whether the proposed rule change Robert W. Errett, original principal amount outstanding should be disapproved. Deputy Secretary. of $100 million or more, and in view of IV. Solicitation of Comments [FR Doc. 2015–23217 Filed 9–15–15; 8:45 am] the substantial total dollar amount BILLING CODE 8011–01–P outstanding and the average dollar Interested persons are invited to amount outstanding of Revised Index submit written data, views, and issues, as referenced above. arguments concerning the foregoing, SMALL BUSINESS ADMINISTRATION including whether the proposed rule In addition, the average daily notional change is consistent with the Act. [Disaster Declaration #14371 and #14372] trading volume for Revised Index Comments may be submitted by any of components for the period from June 30, the following methods: Louisiana Disaster Number LA–00009 2014 to June 30, 2015 was Electronic Comments AGENCY: U.S. Small Business approximately $323.6 million and the Administration. sum of the notional trading volumes for • Use the Commission’s Internet ACTION: Amendment 2. the same period was $82.2 billion. comment form (http://www.sec.gov/ The Revised Index value, calculated rules/sro.shtml); or SUMMARY: This is an amendment of the and disseminated at least once daily, as • Send an email to rule-comments@ Presidential declaration of a major well as the components of the Revised sec.gov. Please include File Number SR– disaster for Public Assistance Only for Index and their percentage weighting, NYSEArca-2015–74 on the subject line. the State of LOUISIANA (FEMA–4228– will be available from major market data Paper Comments DR), dated 07/13/2015. vendors. In addition, the portfolio of Incident: Severe Storms and Flooding. • securities held by the Fund will be Send paper comments in triplicate Incident Period: 05/18/2015 through disclosed daily on the Fund’s Web site to Brent J. Fields, Secretary, Securities 06/20/2015. at www.marketvectorsetfs.com. and Exchange Commission, 100 F Street Effective Date: 09/04/2015. NE., Washington, DC 20549–1090. Physical Loan Application Deadline The Adviser represents that there is All submissions should refer to File Date: 09/11/2015. no change to the Fund’s investment Number SR–NYSEArca-2015–74. This Economic Injury (EIDL) Loan objective. Except for the changes noted file number should be included on the Application Deadline Date: 04/13/2016. above, all other representations made in subject line if email is used. To help the ADDRESSES: Submit completed loan the Release remain unchanged. Commission process and review your applications to: U.S. Small Business B. Self-Regulatory Organization’s comments more efficiently, please use Administration, Processing and Statement on Burden on Competition only one method. The Commission will Disbursement Center, 14925 Kingsport post all comments on the Commission’s Road, Fort Worth, TX 76155. The Exchange does not believe that Internet Web site (http://www.sec.gov/ FOR FURTHER INFORMATION CONTACT: A. the proposed rule change will impose rules/sro.shtml). Copies of the Escobar, Office of Disaster Assistance, any burden on competition that is not submission, all subsequent U.S. Small Business Administration, necessary or appropriate in furtherance amendments, all written statements 409 3rd Street SW., Suite 6050, of the purposes of the Act. The with respect to the proposed rule Washington, DC 20416. proposed changes will accommodate change that are filed with the SUPPLEMENTARY INFORMATION: The notice continued listing and trading of an issue Commission, and all written of the President’s major disaster of Managed Fund Shares that holds communications relating to the declaration for Private Non-Profit municipal securities. proposed rule change between the organizations in the State of Commission and any person, other than 17 See note 11, supra. those that may be withheld from the 18 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55705

LOUISIANA, dated 07/13/2015, is United States Small Business recommendations on the information hereby amended to include the Administration. collection(s) to the OMB Desk Officer following areas as adversely affected by Dated: September 10, 2015. and SSA Reports Clearance Officer at the disaster. Javier E. Saade, the following addresses or fax numbers. Associate Administrator for Investment. Primary Parish: West Feliciana. (OMB) All other information in the original [FR Doc. 2015–23196 Filed 9–15–15; 8:45 am] declaration remains unchanged. BILLING CODE P Office of Management and Budget, Attn: Desk Officer for SSA, Fax: 202– (Catalog of Federal Domestic Assistance 395–6974, Email address: OIRA_ Numbers 59002 and 59008) SMALL BUSINESS ADMINISTRATION [email protected]. Joseph P. Loddo, Surrender of License of Small (SSA) Acting Associate Administrator for Disaster Business Investment Company Assistance. Social Security Administration, OLCA, Attn: Reports Clearance Director, [FR Doc. 2015–23194 Filed 9–15–15; 8:45 am] Pursuant to the authority granted to 3100 West High Rise, 6401 Security BILLING CODE 8025–01–P the United States Small Business Administration under the Small Blvd., Baltimore, MD 21235, Fax: 410– Business Investment Act of 1958, under 966–2830, Email address: SMALL BUSINESS ADMINISTRATION Section 309 of the Act and Section [email protected]. 107.1900 of the Small Business Or you may submit your comments Surrender of License of Small online through www.regulations.gov, Business Investment Company Administration Rules and Regulations (13 CFR 107.1900) to function as a small referencing Docket ID Number [SSA– Pursuant to the authority granted to business investment company under the 2015–0053]. the United States Small Business Small business Investment Company I. The information collections below Administration under the Small License No. 10/10–0192 issued to are pending at SSA. SSA will submit Business Investment Act of 1958, under Tamarack Mezzanine Partners, L.P., said them to OMB within 60 days from the Section 309 of the Act and Section license is hereby declared null and void. date of this notice. To be sure we 107.1900 of the Small Business United States Small Business consider your comments, we must Administration Rules and Regulations Administration. receive them no later than November 16, (13 CFR 107.1900) to function as a small Dated: September 10, 2015. 2015. Individuals can obtain copies of business investment company under the Javier E. Saade, the collection instruments by writing to Small business Investment Company Associate Administrator for Investment. the above email address. License No. 09/79–0454 issued to [FR Doc. 2015–23195 Filed 9–15–15; 8:45 am] 1. Farm Self-Employment Questionnaire—20 CFR 404.1082(c) & Emergence Capital Partners SBIC, L.P., BILLING CODE P said license is hereby declared null and 404.1095—0960–0061. SSA collects the void. information on Form SSA–7156 on a voluntary and as-needed basis to United States Small Business SOCIAL SECURITY ADMINISTRATION Administration. determine the existence of an [Docket No: SSA–2015–0053] Dated: September 10, 2015. agriculture trade or business, which may affect the monthly benefit, or Javier E. Saade, Agency Information Collection insured status of the applicant. SSA Associate Administrator for Investment. Activities: Proposed Request and requires the existence of a trade or [FR Doc. 2015–23197 Filed 9–15–15; 8:45 am] Comment Request business before determining if an BILLING CODE P The Social Security Administration individual or partnership may have net (SSA) publishes a list of information earnings from self-employment. When an applicant indicates self-employment SMALL BUSINESS ADMINISTRATION collection packages requiring clearance by the Office of Management and as a farmer, SSA uses the SSA–7165 to Surrender of License of Small Budget (OMB) in compliance with obtain the information we need to Business Investment Company Public Law 104–13, the Paperwork determine the existence of an Reduction Act of 1995, effective October agricultural trade or business, and Pursuant to the authority granted to 1, 1995. This notice includes revisions subsequent covered earnings for Social the United States Small Business and extensions of OMB-approved Security entitlement purposes. As part Administration under the Small information collections. of the application process, we conduct Business Investment Act of 1958, under SSA is soliciting comments on the a personal interview, either face-to-face Section 309 of the Act and Section accuracy of the agency’s burden or via telephone, and document the 107.1900 of the Small Business estimate; the need for the information; interview using Form SSA–7165. The Administration Rules and Regulations its practical utility; ways to enhance its respondents are applicants for Social (13 CFR 107.1900) to function as a small quality, utility, and clarity; and ways to Security benefits, whose entitlement business investment company under the minimize burden on respondents, depends on workers having covered Small business Investment Company including the use of automated earnings from self-employment as License No. 02/02–5495 issued to collection techniques or other forms of farmers. Jardine Capital Corporation., said information technology. Mail, email, or Type of Request: Revision of an OMB- license is hereby declared null and void. fax your comments and approved information collection.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55706 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

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

SSA–7156 ...... 47,500 1 10 7,917

2. Pain Report Child—20 CFR SSI applicants or claimants in self-help symptoms on claimants’ ability to 404.1512 and 416.912—0960–0540. situations, with a convenient way to function, for purposes of determining Before SSA can make a disability record information regarding claimants’ disability under the Act. The determination for a child, we require pain or other symptoms. The State respondents are applicants for, or evidence from Supplemental Security disability determination services claimants of, SSI payments. Income (SSI) applicants or claimants to adjudicators and administrative law Type of Request: Revision of an OMB- prove their disability. Form SSA–3371– judges use the information from Form BK provides disability interviewers, and SSA–3371–BK to assess the effects of approved information collection.

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

SSA–3371 ...... 250,000 1 15 62,500

3. Internet Request for Replacement of (e.g., lost, stolen, mutilated), an Number Network (N8NN) and visits to Forms SSA–1099/SSA–1042S—20 CFR individual may use SSA’s automated local Social Security field offices (FO). 401.45—0960–0583. Title II telephone application to request a The respondents are Title II beneficiaries use Forms SSA–1099 and replacement SSA–1099 or SSA–1042S. beneficiaries who wish to request a SSA–1042S, Social Security Benefit SSA uses the information from the replacement SSA–1099 or SSA–1042S Statement, to determine (1) if their automated telephone requests to verify via the Internet or telephone. Social Security benefits are taxable, and the identity of the requestor and to Type of Request: Revision of an OMB- (2) the amount they need to report to the provide replacement copies of the Internal Revenue Service. In cases forms. The automated telephone options approved information collection. where the original forms are unavailable reduce requests to the National 800

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

Automated Telephone Requestors ...... 206,424 1 2 6,881 N8NN ...... 483,021 1 3 24,151 Calls to local FOs ...... 810,448 1 3 40,522 Other (program service centers) ...... 78,375 1 3 3,919

Totals ...... 1,578,268 ...... 75,473

II. SSA submitted the information 1. Employment Relationship individuals seeking to establish their collections below to OMB for clearance. Questionnaire—20 CFR 404.1007— status as employees, and their alleged Your comments regarding the 0960–0040. When SSA needs employers. information collections would be most information to determine a worker’s Note: This is a correction notice. SSA employment status for the purpose of useful if OMB and SSA receive them 30 published this information collection as maintaining a worker’s earning records, days from the date of this publication. a revision on July 17, 2015, at 80 FR To be sure we consider your comments, the agency uses Form SSA–7160–F4 to determine the existence of an employer- 42600. Since we are not revising the we must receive them no later than Privacy Act Statement, this is now an October 16, 2015. Individuals can obtain employee relationship. We use the information to develop the employment extension of an OMB-approved copies of the OMB clearance packages information collection. by writing to OR.Reports.Clearance@ relationship; specifically to determine whether a beneficiary is self-employed Type of Request: Extension of an ssa.gov. or an employee. The respondents are OMB-approved information collection.

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

Individuals ...... 8,000 1 25 3,333 Businesses ...... 7,200 1 25 3,000

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55707

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

State/Local Government ...... 800 1 25 333

Totals ...... 16,000 ...... 6,666

2. Testimony by Employees and the information, records, or testimony of an interest to provide the testimony; and Production of Records and Information agency employee in a legal proceeding (4) provide the date, time, and place for in Legal Proceedings—20 CFR 403.100– when the agency is not a party. The the testimony. Respondents are 403.155—0960–0619. Regulations at 20 request, which respondents submit in individuals or entities who request CFR 403.100–403.155 of the Code of writing to the Commissioner, must (1) testimony from SSA employees in Federal Regulations establish SSA’s fully set out the nature and relevance of connection with a legal proceeding. policies and procedures for an the sought testimony; (2) explain why individual, organization, or government the information is not available by other Type of Request: Extension of an entity to request official agency means; (3) explain why it is in SSA’s OMB-approved information collection.

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

20 CFR 403.100–403.155 ...... 100 1 60 100

3. Notification of a Social Security individual’s SSN to an employer. information. The majority of individuals Number (SSN) To An Employer for Mailing this information to the who take advantage of this option are in Wage Reporting—20 CFR 422.103(a)— employer: (1) Ensures the employer has the United States with exchange visitor 0960–0778. Individuals applying for the correct SSN for the individual; (2) and student visas; however, we allow employment must provide a Social allows SSA to receive correct earnings any applicant for an SSN to use the Security Number, or indicate they have information for wage reporting SSA–132. The respondents are applied for one. However, when an purposes; and (3) reduces the delay in individuals applying for an initial SSN individual applies for an initial SSN, the initial SSN assignment and delivery who ask SSA to mail confirmation of there is a delay between the assignment of the SSN information directly to the their application or the SSN to their of the number and the delivery of the employer. It also enables SSA to verify employers. SSN card. At an individual’s request, the employer as a safeguard for the Type of Request: Revision of an OMB- SSA uses Form SSA–132 to send the applicant’s personally identifiable approved information collection.

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

SSA–132 ...... 298,953 1 2 9,965

Dated: September 11, 2015. 27, 1978, the Foreign Affairs Reform and 2016, and at possible additional Naomi R. Sipple, Restructuring Act of 1998 (112 Stat. exhibitions or venues yet to be Reports Clearance Officer, Social Security 2681, et seq.; 22 U.S.C. 6501 note, et determined, is in the national interest. Administration. seq.), Delegation of Authority No. 234 of I have ordered that Public Notice of [FR Doc. 2015–23275 Filed 9–15–15; 8:45 am] October 1, 1999, Delegation of Authority these Determinations be published in BILLING CODE 4191–02–P No. 236–3 of August 28, 2000 (and, as the Federal Register. appropriate, Delegation of Authority No. FOR FURTHER INFORMATION CONTACT: 257 of April 15, 2003), I hereby For further information, including a list of DEPARTMENT OF STATE determine that the objects to be included in the exhibition ‘‘Jacqueline the imported objects, contact the Office [Public Notice: 9273] de Ribes: The Art of Style,’’ imported of Public Diplomacy and Public Affairs from abroad for temporary exhibition in the Office of the Legal Adviser, U.S. Culturally Significant Objects Imported Department of State (telephone: 202– for Exhibition Determinations: within the United States, are of cultural significance. The objects are imported 632–6471; email: ‘‘Jacqueline de Ribes: The Art of [email protected]). The mailing Style’’ Exhibition pursuant to loan agreements with the foreign owners or custodians. I also address is U.S. Department of State, L/ SUMMARY: Notice is hereby given of the determine that the exhibition or display PD, SA–5, Suite 5H03, Washington, DC following determinations: Pursuant to of the exhibit objects at The 20522–0505. the authority vested in me by the Act of Metropolitan Museum of Art, New York, October 19, 1965 (79 Stat. 985; 22 U.S.C. New York, from on or about November 2459), Executive Order 12047 of March 17, 2015, until on or about February 21,

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55708 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

Dated: September 10, 2015. Dated: Septemeber 10, 2015. OCS/PMO), U.S. Department of State, Kelly Keiderling, Kelly Keiderling, SA–17, 10th Floor, Washington, DC Principal Deputy Assistant Secretary, Bureau Principal Deputy Assistant Secretary, Bureau 20036 or at mailto:[email protected]. of Educational and Cultural Affairs, of Educational and Cultural Affairs, SUPPLEMENTARY INFORMATION: Department of State. Department of State. • Title of Information Collection: [FR Doc. 2015–23258 Filed 9–15–15; 8:45 am] [FR Doc. 2015–23259 Filed 9–15–15; 8:45 am] Application for Consular Report of Birth BILLING CODE 4710–05–P BILLING CODE 4710–05–P Abroad of a Citizen of the United States of America. • OMB Control Number: 1405–0011. DEPARTMENT OF STATE DEPARTMENT OF STATE • Type of Request: Extension. [Public Notice: 9270] • Originating Office: Bureau of [Public Notice: 9274] Consular Affairs, Overseas Citizens 60-Day Notice of Proposed Information Services (CA/OCS). Culturally Significant Objects Imported Collection: Application for Consular • Form Number: DS–2029. • for Exhibition Determinations: ‘‘Jewel Report of Birth Abroad of a Citizen of Respondents: Parents or legal City: Art from San Francisco’s the United States of America guardians of United States citizen Panama-Pacific International children born overseas. ACTION: Notice of request for public • Exposition’’ Exhibition Estimated Number of Respondents: comment. 71,275. • Estimated Number of Responses: SUMMARY: Notice is hereby given of the SUMMARY: The Department of State is 71,275. following determinations: Pursuant to seeking Office of Management and • Average Time per Response: 20 the authority vested in me by the Act of Budget (OMB) approval for the minutes. October 19, 1965 (79 Stat. 985; 22 U.S.C. information collection described below. • Total Estimated Burden Time: 2459), Executive Order 12047 of March In accordance with the Paperwork 23,758 hours. 27, 1978, the Foreign Affairs Reform and Reduction Act of 1995, we are • Frequency: On Occasion. requesting comments on this collection Restructuring Act of 1998 (112 Stat. • Obligation To Respond: Voluntary. from all interested individuals and 2681, et seq.; 22 U.S.C. 6501 note, et We are soliciting public comments to organizations. The purpose of this seq.), Delegation of Authority No. 234 of permit the Department to: notice is to allow 60 days for public October 1, 1999, Delegation of Authority • Evaluate whether the proposed comment preceding submission of the No. 236–3 of August 28, 2000 (and, as information collection is necessary for collection to OMB. appropriate, Delegation of Authority No. the proper functions of the Department. 257 of April 15, 2003), I hereby DATES: The Department will accept • Evaluate the accuracy of our determine that the objects to be comments from the public up to estimate of the time and cost burden for included in the exhibition ‘‘Jewel City: November 16, 2015. this proposed collection, including the Art from San Francisco’s Panama- ADDRESSES: validity of the methodology and Pacific International Exposition,’’ You may submit comments by any of assumptions used. imported from abroad for temporary the following methods: • Enhance the quality, utility, and exhibition within the United States, are • Web: Persons with access to the clarity of the requests for information to of cultural significance. The objects are Internet may comment on this notice by be collected. imported pursuant to loan agreements going to • Minimize the reporting burden on with the foreign owners or custodians. www.Regulations.gov. You can search those who are to respond, including the I also determine that the exhibition or for the document by entering Docket use of automated collection techniques display of the exhibit objects at the Fine Number: DOS–2015–0030 in the search or other forms of information field. Then click the ‘‘Comment Now’’ Arts Museums of San Francisco, de technology. button and complete the comment form. Young Museum, San Francisco, Please note that comments submitted • Email: [email protected]. in response to this Notice are public California, from on or about October 17, • Regular Mail: Send written 2015, until on or about January 10, record. Before including any detailed comments to: U.S. Department of State, personal information, you should be 2016, and at possible additional CA/OCS/PMO, SA–17, 10th Floor, aware that your comments as submitted, exhibitions or venues yet to be Washington, DC 20036. including your personal information, determined, is in the national interest. • Fax: 202–736–9111. will be available for public review. I have ordered that Public Notice of • Hand Delivery or Courier: U.S. Abstract of proposed collection: The these Determinations be published in Department of State, CA/OCS/PMO, 600 DS–2029, Application for Consular the Federal Register. 19th St. NW., 10th Floor, Washington, Report of Birth Abroad of a Citizen of FOR FURTHER INFORMATION CONTACT: For DC 20036. the United States of America, is used by further information, including a list of You must include the DS form citizens of the United States to report number (if applicable), information the imported objects, contact the Office the birth of a child while overseas. The collection title, and the OMB control of Public Diplomacy and Public Affairs information collected on this form will number in any correspondence. in the Office of the Legal Adviser, U.S. be used to certify the acquisition of U.S. Department of State (telephone: 202– FOR FURTHER INFORMATION CONTACT: citizenship at birth of a person born 632–6471; email: Direct requests for additional abroad. 22 U.S.C. 2705 and 22 CFR information regarding the collection 50.5–50.7 provide authority for the [email protected]). The mailing listed in this notice, including requests Department to use this form. address is U.S. Department of State, L/ for copies of the proposed collection Methodology: An application for a PD, SA–5, Suite 5H03, Washington, DC instrument and supporting documents, Consular Report of Birth Abroad is 20522–0505. to Kaye Shaw, Bureau of Consular normally made in the consular district Affairs, Overseas Citizens Services (CA/ in which the birth occurred. The parent

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55709

respondents will complete the form and Dated: September 10, 2015. of the collected information. The agency present it to a United States Consulate Kelly Keiderling, will summarize and/or include your or Embassy, who will examine the Principal Deputy Assistant Secretary, Bureau comments in the request for OMB’s documentation and enter the of Educational and Cultural Affairs, clearance of this information collection. information provided into the Department of State. FOR FURTHER INFORMATION CONTACT: Department of State American Citizen [FR Doc. 2015–23260 Filed 9–15–15; 8:45 am] Ronda Thompson at (202) 267–1416, or Services (ACS) electronic database. BILLING CODE 4710–05–P by email at: [email protected]. Dated: August 28, 2015. SUPPLEMENTARY INFORMATION: Michelle Bernier-Toth, OMB Control Number: 2120–0744. Managing Director, Bureau of Consular DEPARTMENT OF TRANSPORTATION Title: Human Response to Aviation Affairs, Department of State. Noise in Protected Natural Areas Federal Aviation Administration [FR Doc. 2015–23263 Filed 9–15–15; 8:45 am] Survey. Form Numbers: There are no FAA BILLING CODE 4710–06–P Agency Information Collection forms associated with this request. Activities: Requests for Comments; Type of Review: Extension without Clearance of Renewed Approval of DEPARTMENT OF STATE change of an information collection. Information Collection: Human Background: The Federal Register [Public Notice: 9272] Response to Aviation Noise in Notice with a 60-day comment period Protected Natural Areas Survey Culturally Significant Objects Imported soliciting comments on the following for Exhibition Determinations: AGENCY: Federal Aviation collection of information was published ‘‘Fashion and Virtue: Textile Patterns Administration (FAA), DOT. on June 22, 2015 (80 FR 35693). The and the Print Revolution, 1520–1620’’ ACTION: Notice and request for data from this research are critically Exhibition comments. important for establishing the scientific basis for air tour management policy SUMMARY: Notice is hereby given of the SUMMARY: In accordance with the decisions in the National Parks as following determinations: Pursuant to Paperwork Reduction Act of 1995, FAA mandated by the National Parks Air the authority vested in me by the Act of invites public comments about our Tour Management Act of 2000 October 19, 1965 (79 Stat. 985; 22 U.S.C. intention to request the Office of (NPATMA). The research expands on 2459), Executive Order 12047 of March Management and Budget (OMB) previous aircraft noise dose-response 27, 1978, the Foreign Affairs Reform and approval to renew an information work by using a wider variety of survey Restructuring Act of 1998 (112 Stat. collection. The Federal Register Notice methods, by including different site 2681, et seq.; 22 U.S.C. 6501 note, et with a 60-day comment period soliciting types and visitor experiences from those seq.), Delegation of Authority No. 234 of comments on the following collection of previously measured, and by increasing October 1, 1999, Delegation of Authority information was published on June 22, site type replication. No. 236–3 of August 28, 2000 (and, as 2015. This research is important for Respondents: Approximately 16,800 appropriate, Delegation of Authority No. establishing the scientific basis for air visitors to National Parks annually. 257 of April 15, 2003), I hereby tour management policy decisions in Frequency: Information is collected determine that the objects to be the National Parks as mandated by the on occasion. included in the exhibition ‘‘Fashion and National Parks Air Tour Management Estimated Average Burden per Virtue: Textile Patterns and the Print Act of 2000. Response: 15 minutes. Revolution, 1520–1620,’’ imported from DATES: Written comments should be Estimated Total Annual Burden: abroad for temporary exhibition within submitted by October 16, 2015. 4,200 hours annually. the United States, are of cultural ADDRESSES: Interested persons are Issued in Washington, DC, on September 9, significance. The objects are imported invited to submit written comments on 2015. pursuant to loan agreements with the the proposed information collection to Ronda Thompson, foreign owners or custodians. I also the Office of Information and Regulatory FAA Information Collection Clearance determine that the exhibition or display Affairs, Office of Management and Officer, IT Enterprises Business Services of the exhibit objects at The Budget. Comments should be addressed Division, ASP–110. Metropolitan Museum of Art, New York, to the attention of the Desk Officer, [FR Doc. 2015–23192 Filed 9–15–15; 8:45 am] New York, from on or about October 20, Department of Transportation/FAA, and BILLING CODE 4910–13–P 2015, until on or about January 10, sent via electronic mail to oira_ 2016, and at possible additional [email protected], or faxed to exhibitions or venues yet to be (202) 395–6974, or mailed to the Office DEPARTMENT OF TRANSPORTATION determined, is in the national interest. of Information and Regulatory Affairs, I have ordered that Public Notice of Office of Management and Budget, Federal Aviation Administration these Determinations be published in Docket Library, Room 10102, 725 17th Agency Information Collection the Federal Register. Street NW., Washington, DC 20503. Activities: Requests for Comments; FOR FURTHER INFORMATION CONTACT: For Public Comments Invited: You are Clearance of Renewed Approval of further information, including a list of asked to comment on any aspect of this Information Collection: Flight Plans the imported objects, contact the Office information collection, including (a) of Public Diplomacy and Public Affairs Whether the proposed collection of AGENCY: Federal Aviation in the Office of the Legal Adviser, U.S. information is necessary for FAA’s Administration (FAA), DOT. Department of State (telephone: 202– performance; (b) the accuracy of the ACTION: Notice and request for 632–6471; email: estimated burden; (c) ways for FAA to comments. [email protected]). The mailing enhance the quality, utility and clarity address is U.S. Department of State, L/ of the information collection; and (d) SUMMARY: In accordance with the PD, SA–5, Suite 5H03, Washington, DC ways that the burden could be Paperwork Reduction Act of 1995, FAA 20522–0505. minimized without reducing the quality invites public comments about our

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55710 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

intention to request the Office of collection of information was published Kelley, Assistant International Management and Budget (OMB) on June 22, 2015 (80 FR 35697). Title 49 Standards Coordinator, Pipeline and approval to renew an information U.S.C., paragraph 40103(b) authorizes Hazardous Materials Safety collection. Flight plan information is regulations governing the flight of Administration, PHH–10, 1200 New used to govern the flight of aircraft for aircraft. 14 CFR 91 prescribes Jersey Ave. SE., Washington, DC 20590, the protection and identification of requirements for filing domestic and telephone (202) 366–8553, Email: aircraft, property, and persons on the international flight plans. Information is [email protected]. ground. The Federal Register Notice collected to provide services to aircraft with a 60-day comment period soliciting inflight and protection of persons/ SUPPLEMENTARY INFORMATION: comments on the following collection of property on the ground. Participants are requested to register by information was published on June 22, Respondents: Approximately 300,000 using the following email address: 9- 2015. A comment was received air carriers, operators and pilots. [email protected]. suggesting that the original effective Frequency: Information is collected Please include your name, organization, date of October 1, 2015 for the removal on occasion. email address, and indicate whether you of form 7233–1 from public use is too Estimated Average Burden per will be attending in person or soon to acclimate respondents to the Response: 1–3 minutes. participating via conference call. process change. FAA has revised the Estimated Total Annual Burden: Conference call connection information effective date to October 1, 2016 for the 225,966 hours. will be provided to those who register civilian burden for flight plan Issued in Washington, DC on September 9, and indicate that they will participate information, both domestic and 2015. via conference call. international to be collected via form Ronda Thompson, We are committed to providing equal 7233–4, FAA International Flight Plan. FAA Information Collection Clearance access to this meeting for all DATES: Written comments should be Officer, IT Enterprises Business Services participants. If you need alternative submitted by October 16, 2015. Division, ASP–110. formats or other reasonable ADDRESSES: [FR Doc. 2015–23190 Filed 9–15–15; 8:45 am] Interested persons are accommodations, please call (202) 267– invited to submit written comments on BILLING CODE 4910–13–P 9432 or email 9-AWA-ASH-ADG- the proposed information collection to [email protected] with your request by the Office of Information and Regulatory close of business on September 20, Affairs, Office of Management and DEPARTMENT OF TRANSPORTATION 2015. Budget. Comments should be addressed Federal Aviation Administration to the attention of the Desk Officer, Information and viewpoints provided Department of Transportation/FAA, and Office of Hazardous Materials Safety by stakeholders are requested as the sent via electronic mail to United States delegation prepares for [email protected], or faxed AGENCY: Federal Aviation the International Civil Aviation to (202) 395–6974, or mailed to the Administration, DOT. Organization’s Dangerous Goods Panel Office of Information and Regulatory ACTION: Notice of public meeting. meeting to be held October 19–October Affairs, Office of Management and SUMMARY: 30, 2015, in Montreal, Canada. Budget, Docket Library, Room 10102, In preparation for the Papers relevant to this ICAO DGP 725 17th Street NW., Washington, DC International Civil Aviation meeting can be viewed at the following 20503. Organization’s (ICAO) Dangerous Goods Public Comments Invited: You are Panel (DGP) meeting to be held October Web page: http://www.icao.int/safety/ asked to comment on any aspect of this 19–October 30, 2015, in Montreal, DangerousGoods/Pages/ information collection, including (a) Canada, the Federal Aviation DGPMeetingbyGrp.aspx Whether the proposed collection of Administration’s (FAA) Office of A panel of representatives from the information is necessary for FAA’s Hazardous Materials Safety and the FAA and PHMSA will be present. The Pipeline and Hazardous Materials Safety performance; (b) the accuracy of the meetings are intended to be informal, Administration’s (PHMSA) Office of estimated burden; (c) ways for FAA to non-adversarial, and to facilitate the enhance the quality, utility and clarity Hazardous Materials Safety announce a public meeting. public comment process. No individual of the information collection; and (d) will be subject to questioning by any DATES: The public meeting will be held ways that the burden could be other participant. Government minimized without reducing the quality on Thursday, October 8, 2015 from 9 a.m. until 12 p.m. representatives on the panel may ask of the collected information. The agency questions to clarify statements. Unless ADDRESSES: The public meeting will be will summarize and/or include your otherwise stated, any statement made held at FAA Headquarters (FOB 10A), comments in the request for OMB’s during the meetings by a panel member clearance of this information collection. 8th Floor Conference Rooms (8A, 8B, & 8C), 800 Independence Avenue SW., should not be construed as an official FOR FURTHER INFORMATION CONTACT: position of the US government. Ronda Thompson at (202) 267–1416, or Washington, DC 20591. by email at: [email protected]. FOR FURTHER INFORMATION CONTACT: The meeting will be open to all SUPPLEMENTARY INFORMATION: OMB Questions regarding the meeting can be persons, subject to the capacity of the Control Number: 2120–0026. directed to Ms. Janet McLaughlin, meeting room and phone lines available Title: Flight Plans. Director, Office of Hazardous Materials for those participating via conference Form Numbers: FAA form 7233–1, Safety, ADG–1, Federal Aviation call. Every effort will be made to 7233–4. Administration, 800 Independence accommodate all persons wishing to Type of Review: Extension without Avenue SW., Washington, DC 20591; attend. The FAA and PHMSA will try to change of an information collection. telephone (202) 267–9432, Email: 9- accommodate all speakers, subject to Background: The Federal Register [email protected]. time constraints. Notice with a 60-day comment period Questions in advance of the meeting for soliciting comments on the following PHMSA can be directed to Mr. Shane

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55711

Issued in Washington, DC, on September 3, Public Comments Invited: You are Issued in Washington, DC on September 9, 2015. asked to comment on any aspect of this 2015. Jonathan Carter, information collection, including (a) Ronda Thompson, Deputy Director, Office of Hazardous Whether the proposed collection of FAA Information Collection Clearance Materials Safety. information is necessary for FAA’s Officer, IT Enterprises Business Services Division, ASP–110. [FR Doc. 2015–23188 Filed 9–15–15; 8:45 am] performance; (b) the accuracy of the BILLING CODE 4910–13–P estimated burden; (c) ways for FAA to [FR Doc. 2015–23191 Filed 9–15–15; 8:45 am] enhance the quality, utility and clarity BILLING CODE 4910–13–P of the information collection; and (d) DEPARTMENT OF TRANSPORTATION ways that the burden could be DEPARTMENT OF TRANSPORTATION Federal Aviation Administration minimized without reducing the quality of the collected information. The agency Federal Railroad Administration Agency Information Collection will summarize and/or include your [Docket No. FRA–2015–0007–N–24] Activities: Request for Comments; comments in the request for OMB’s Revision of an Existing Information clearance of this information collection. Proposed Agency Information Collection: Medical Standards and The FAA is seeking comments only Collection Activities; Comment Certification with regard to the burden associated Request AGENCY: Federal Aviation with the information collection activity AGENCY: Federal Railroad Administration (FAA), DOT. under OMB Control Number 2120–0034. Administration (FRA), Department of As such, any comments received that Transportation (DOT). ACTION: Notice and request for cite this notice but are outside of the comments. ACTION: Notice and Request for scope of the collection activity under Comments. SUMMARY: In accordance with the OMB Control Number 2120–0034 will not be addressed. SUMMARY: In compliance with the Paperwork Reduction Act of 1995 and Paperwork Reduction Act of 1995, this Office of Management and Budget FOR FURTHER INFORMATION CONTACT: notice announces that the renewal (OMB) regulations, the FAA invites Ronda Thompson at (202) 267–1416, or Information Collection Requests (ICRs) public comments about our intention to by email at: [email protected]. abstracted below are being forwarded to request OMB approval to revise an the Office of Management and Budget SUPPLEMENTARY INFORMATION: existing information collection. The (OMB) for review and comment. The Federal Register Notice with a 60-day OMB Control Number: 2120–0034. ICRs describes the nature of the comment period soliciting comments on Title: Medical Standards and information collection and its expected the following collection of information Certification. burden. The Federal Register notice was published on June 22, 2015. The with a 60-day comment period soliciting Form Numbers: FAA forms 8500–7, information collected is used to comments on the following collections 8500–8, and 8500–14. determine if applicants are medically of information was published on June qualified to perform the duties Type of Review: Revision of an 22, 2015. associated with the class of airman existing information collection. DATES: Comments must be submitted on medical certificate sought. The FAA Background: The Federal Register or before October 16, 2015. intends to revise the information it is FOR FURTHER INFORMATION CONTACT: collecting via FAA form 8500–8, in part, Notice with a 60-day comment period Mr. to respond to recommendations made in soliciting comments on the following Robert Brogan, Office of Planning and an April 2014 General Services collection of information was published Evaluation Division, RRS–21, Federal Administration report entitled ‘‘FAA on June 22, 2015 (80 FR 35695). The Railroad Administration, 1200 New Should Improve Usability of its Online Secretary of Transportation collects this Jersey Ave. SE., Mail Stop 25, Application System and Clarity of the information under the authority of 49 Washington, DC 20590 (Telephone: Pilot’s Medical Form.’’ This change will U.S.C. 40113; 44701; 44510; 44702; (202) 493–6292), or Ms. Kimberly have a negligible effect on the estimated 44703; 44709; 45303; and 80111. The Toone, Office of Information time to complete form 8500–8. airman medical certification program is Technology, RAD–20, Federal Railroad implemented by Title 14 Code of Administration, 1200 New Jersey Ave. DATES: Comments should be submitted SE., Mail Stop 35, Washington, DC by October 16, 2015. Federal Regulations (CFR) parts 61 and 67 (14 CFR parts 61 and 67). The FAA 20590 (Telephone: (202) 493–6132). (These telephone numbers are not toll- ADDRESSES: Interested persons are determines if applicants are medically free.) invited to submit written comments on qualified to perform the duties SUPPLEMENTARY INFORMATION: the proposed information collection to associated with the class of airman The the Office of Information and Regulatory Paperwork Reduction Act of 1995 medical certificate sought. Affairs, Office of Management and (PRA), Public Law 104–13, sec. 2, 109 Budget. Comments should be addressed Respondents: Approximately 396,782 Stat. 163 (1995) (codified as revised at to the attention of the Desk Officer, applicants for airman medical 44 U.S.C. 3501–3520), and its Department of Transportation/FAA, and certificates. implementing regulations, 5 CFR part sent via electronic mail to Frequency: Information is collected 1320, require Federal agencies to issue _ oira [email protected], or faxed on occasion. two notices seeking public comment on to (202) 395–6974, or mailed to the information collection activities before Office of Information and Regulatory Estimated Average Burden per OMB may approve paperwork packages. Affairs, Office of Management and Response: 1.5 hours. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, Budget, Docket Library, Room 10102, Estimated Total Annual Burden: 1320.8(d)(1), and 1320.12. On June 22, 725 17th Street NW., Washington, DC 572,673 hours. 2015, FRA published a 60-day notice in 20503. the Federal Register soliciting comment

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55712 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

on ICR that the agency is seeking OMB Order) to require that the National A comment to OMB is best assured of approval. See 80 FR 35712. FRA Railroad Passenger Corporation having its full effect if OMB receives it received no comments in response to (Amtrak) take actions to control within 30 days of publication of this this notice. passenger train speed at certain notice in the Federal Register. Before OMB decides whether to locations on main line track in the Authority: 44 U.S.C. 3501–3520. approve these proposed collections of Northeast Corridor (as defined by 49 information, it must provide 30 days for U.S.C. 24905(c)(1)(A)). Amtrak was Corey Hill, public comment. 44 U.S.C. 3507(b); 5 required to immediately implement Executive Officer. CFR 1320.12(d). Federal law requires code changes to its Automatic Train [FR Doc. 2015–23225 Filed 9–15–15; 8:45 am] OMB to approve or disapprove Control (ATC) System to enforce the BILLING CODE 4910–06–P paperwork packages between 30 and 60 passenger train speed limit ahead of the days after the 30 day notice is curve at Frankford Junction in published. 44 U.S.C. 3507 (b)-(c); 5 CFR Philadelphia, Pennsylvania, where a DEPARTMENT OF TRANSPORTATION 1320.12(d); see also 60 FR 44978, 44983, fatal accident occurred on May 12, 2015. Aug. 29, 1995. OMB believes that the 30 Amtrak was also required to identify all Surface Transportation Board day notice informs the regulated other curves on the Northeast Corridor [STB Docket No. EP 670 (Sub-No. 1)] community to file relevant comments where there is a significant reduction and affords the agency adequate time to (more than 20 miles per hour (mph)) Notice of Rail Energy Transportation digest public comments before it from the maximum authorized approach Advisory Committee Meeting renders a decision. 60 FR 44983, Aug. speed to those curves for passenger AGENCY: Surface Transportation Board, 29, 1995. Therefore, respondents should trains. Amtrak was then required to DOT. submit their respective comments to develop and comply with an FRA- OMB within 30 days of publication to approved action plan to modify its ACTION: Notice of Rail Energy best ensure having their full effect. 5 existing ATC System or other signal Transportation Advisory Committee CFR 1320.12(c); see also 60 FR 44983, systems (or take alternative operational meeting. Aug. 29, 1995. actions) to enable enforcement of SUMMARY: Notice is hereby given of a The summary below describes the passenger train speeds at the identified meeting of the Rail Energy nature of the information collection curves. Amtrak also had to install Transportation Advisory Committee requests (ICRs) and the expected additional wayside passenger train (RETAC), pursuant to the Federal burden. The revised request is being speed limit signage at appropriate Advisory Committee Act (FACA), 5 submitted for clearance by OMB as locations on its Northeast Corridor right- U.S.C. app. 2 § 10(a)(2). required by the PRA. of-way. FRA is continuing this DATES: The meeting will be held on Title: Railroad Locomotive Safety Emergency Order in full force and Standards and Event Recorders. Thursday, October 1, 2015, at 9:00 a.m. effect, and is now seeking regular E.D.T. OMB Control Number: 2130–0004. clearance for the information collection ADDRESSES: The meeting will be held in Abstract: The Locomotive Inspection associated with this Emergency Order. requires railroads to inspect, repair, and Type of Request: Extension with the Hearing Room on the first floor of maintain locomotives and event Change of a Currently Approved the Board’s headquarters at 395 E Street recorders so that they are safe, free of Information Collection. SW., Washington, DC 20423. defects, and can be placed in service Affected Public: Businesses FOR FURTHER INFORMATION CONTACT: without peril to life. Crashworthy (Railroads). Michael Higgins (202) 245–0284; locomotive event recorders provide FRA Form(s): N/A. [email protected]. with verifiable factual information about Annual Estimated Burden: 245 hours. [Assistance for the hearing impaired is how trains are maintained and operated, Addressee: Send comments regarding available through the Federal and are used by FRA and State these information collections to the Information Relay Service (FIRS) at: inspectors for part 229 rule Office of Information and Regulatory (800) 877–8339]. enforcement. The information garnered Affairs, Office of Management and SUPPLEMENTARY INFORMATION: RETAC from crashworthy event recorders is also Budget, 725 Seventeenth Street NW., was formed in 2007 to provide advice used by railroads to monitor railroad Washington, DC, 20503, Attention: FRA and guidance to the Board and to serve operations and by railroad employees Desk Officer. Comments may also be as a forum for discussion of emerging (locomotive engineers, train crews, sent via email to OMB at the following issues related to the transportation of dispatchers) to improve train handling, address: oira_submissions@ energy resources by rail, including coal, and promote the safe and efficient omb.eop.gov. ethanol, and other biofuels. operation of trains throughout the Comments are invited on the Establishment of a Rail Energy Transp. country, based on a surer knowledge of following: Whether the proposed Advisory Comm., EP 670 (STB served different control inputs. collections of information are necessary July 17, 2007). The purpose of this Type of Request: Extension with for the proper performance of the meeting is to continue discussions Change of a Currently Approved functions of the Department, including regarding issues such as rail Information Collection. whether the information will have performance, capacity constraints, Affected Public: Businesses practical utility; the accuracy of the infrastructure planning and (Railroads). Department’s estimates of the burden of development, and effective coordination Form(s): FRA F 6180.49A. the proposed information collections; among suppliers, carriers, and users of Annual Estimated Burden: 2,087,543 ways to enhance the quality, utility, and energy resources. Potential agenda items hours. clarity of the information to be for this meeting include a performance Title: FRA Emergency Order No. 31, collected; and ways to minimize the measures review, industry segment Notice No. 1. burden of the collections of information updates by RETAC members, a OMB Control Number: 2130–0611. on respondents, including the use of presentation on the outlook for U.S. coal Abstract: On May 21, 2015, FRA automated collection techniques or consumption, and a roundtable issued Emergency Order No. 31 (EO or other forms of information technology. discussion.

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices 55713

The meeting, which is open to the milepost 10.2 in Curtis, Lewis County, with the Paperwork Reduction Act of public, will be conducted in accordance Wash. 1995, Public Law 104–13, on or after the with the Federal Advisory Committee WWRR states that neither the date of publication of this notice. Act, 5 U.S.C. app. 2; Federal Advisory sublicense agreement between WWRR DATES: Comments should be received on Committee Management regulations, 41 and CCRM nor the license agreement or before October 16, 2015 to be assured CFR pt. 102–3; RETAC’s charter; and between CCRM and the Port contain any of consideration. Board procedures. Further provision that prohibits WWRR from ADDRESSES: Send comments regarding communications about this meeting may interchanging traffic with a third party the burden estimate, or any other aspect be announced through the Board’s Web or that limits WWRR’s ability to of the information collection, including site at WWW.STB.DOT.GOV. interchange with a third party. WWRR suggestions for reducing the burden, to Written Comments: Members of the also states that the Port has provided its (1) Office of Information and Regulatory public may submit written comments to consent to the sublicense agreement. Affairs, Office of Management and RETAC at any time. Comments should The parties may consummate the Budget, Attention: Desk Officer for be addressed to RETAC, c/o Michael transaction on or after September 30, Treasury, New Executive Office Higgins, Surface Transportation Board, 2015, the effective date of this Building, Room 10235, Washington, DC 395 E Street SW., Washington, DC exemption (30 days after the verified 20503, or email at OIRA_Submission@ 20423–0001 or Michael.Higgins@ notice was filed). OMB.EOP.gov and (2) Treasury PRA stb.dot.gov. WWRR certifies that the projected Clearance Officer, 1750 Pennsylvania annual revenues as a result of this Ave. NW., Suite 8140, Washington, DC Authority: 49 U.S.C. 721; 49 U.S.C. 11101; transaction will not result in WWRR’s 49 U.S.C. 11121. 20220, or email at [email protected]. becoming a Class I or Class II rail carrier FOR FURTHER INFORMATION CONTACT: Decided: September 11, 2015. and will not exceed $5 million. Copies of the submission(s) may be By the Board, Rachel D. Campbell, If the verified notice contains false or obtained by email at [email protected] Director, Office of Proceedings. misleading information, the exemption or the entire information collection Tia Delano, is void ab initio. Petitions to revoke the request may be found at Clearance Clerk. exemption under 49 U.S.C. 10502(d) www.reginfo.gov. [FR Doc. 2015–23234 Filed 9–15–15; 8:45 am] may be filed at any time. The filing of SUPPLEMENTARY INFORMATION: BILLING CODE 4915–01–P a petition to revoke will not automatically stay the effectiveness of Internal Revenue Service (IRS) the exemption. Petitions to stay must be DEPARTMENT OF TRANSPORTATION filed by September 23, 2015 (at least OMB Number: 1545–1241. seven days prior to the date the Type of Review: Extension without Surface Transportation Board exemption becomes effective). change of a previously approved An original and 10 copies of all collection. Title: TD 8395—Special Valuation [Docket No. FD 35922] pleadings, referring to Docket No. FD 35922, must be filed with the Surface Rules. Abstract: Section 2701 of the Internal Western Washington Railroad, LLC— Transportation Board, 395 E Street SW., Revenue Code allows various elections Operation Exemption—Port of Washington, DC 20423–0001. In by family members who make gifts of Chehalis addition, a copy of each pleading must common stock or partnership interests be served on applicant’s representative, and retain senior interest. The elections Western Washington Railroad, LLC W. Karl Hansen, Stinson Leonard Street affect the value of the gifted interests (WWRR) has filed a verified notice of LLP, 150 South Fifth Street, Suite 2300, and the retained interests. Regulations exemption under 49 CFR 1150.41 to Minneapolis, MN 55402. relating to chapter 14 of the Internal operate, pursuant to a sublicense Board decisions and notices are 1 Revenue Code, as enacted in the agreement dated May 6, 2014, with the available on our Web site at Omnibus Budget Reconciliation Act of Chehalis-Centralia Railroad & Museum ‘‘WWW.STB.DOT.GOV.’’ (CCRM), a noncarrier excursion train 1990, Public Law 101–508, 104 Stat. operator, approximately 10.2 miles of Decided: September 11, 2015. 1388, provides special valuation rules rail line owned by the Port of Chehalis By the Board, Rachel D. Campbell, for purposes of Federal estate and gift (the Port) between milepost 0.0 at the Director, Office of Proceedings. taxes imposed under chapter 1 and 12 junction with the City of Tacoma’s rail Tia Delano, of the Code. In addition, these line (Tacoma Rail milepost 67.0) and Clearance Clerk. regulations provide rules involving [FR Doc. 2015–23266 Filed 9–15–15; 8:45 am] lapsing rights and other transactions 1 This notice was originally filed on July 13, 2015. BILLING CODE 4915–01–P that are treated as completed transfers On July 27, 2015, in order to clarify the nature of under chapter 14. the rights being acquired, WWRR filed a redacted Affected Public: Individuals or and an unredacted version of the agreement. On the Households. same date, WWRR filed a motion for protective DEPARTMENT OF THE TREASURY order pursuant to 49 CFR 1104.14(b) to allow the Estimated Annual Burden Hours: 496. filing under seal of the unredacted agreement. In a Submission for OMB Review; OMB Number: 1545–1952. decision served on August 12, 2015, the Board Comment Request Type of Review: Extension without granted the motion for a protective order. On the change of a previously approved same date, the Board also served a decision to hold AGENCY: Department of the Treasury. collection. the proceeding in abeyance, and directed WWRR to file supplemental information by September 1, ACTION: Notice. Title: Revenue Procedure 2005–50— 2015, to inform the Board why it postponed seeking Automatic Consent for Eligible Board authorization to operate on the Line and The Department of the Treasury will Educational Institution to Change whether the parties need Board authorization for submit the following information Reporting Methods. any agreements incorporated into the sublicense agreement by reference. The supplemental collection requests to the Office of Abstract: This revenue procedure information was submitted to the Board on August Management and Budget (OMB) for prescribes how an eligible educational 31, 2015. review and clearance in accordance institution may obtain automatic

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES 55714 Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

consent from the Service to change its Affected Public: Private Sector: Not- Dated: September 10, 2015. method of reporting under section for-profit institutions. Dawn D. Wolfgang, 6050S of the Code and the Income Tax Estimated Annual Burden Hours: 300. Treasury PRA Clearance Officer. Regulations. [FR Doc. 2015–23209 Filed 9–15–15; 8:45 am] BILLING CODE 4830–01–P

VerDate Sep<11>2014 18:18 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00127 Fmt 4703 Sfmt 9990 E:\FR\FM\16SEN1.SGM 16SEN1 asabaliauskas on DSK7TPTVN1PROD with NOTICES i

Reader Aids Federal Register Vol. 80, No. 179 Wednesday, September 16, 2015

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 9 CFR Presidential Documents 2 CFR Proposed Rules: Executive orders and proclamations 741–6000 25...... 54407 54...... 54460 The United States Government Manual 741–6000 200...... 54407 79...... 54460 910...... 53235 Other Services 101...... 53475 1800...... 54701 116...... 53475 Electronic and on-line services (voice) 741–6020 2000...... 54223 317...... 54442 Privacy Act Compilation 741–6064 3374...... 55505 Public Laws Update Service (numbers, dates, etc.) 741–6043 10 CFR 3 CFR Ch. I ...... 54223 ELECTRONIC RESEARCH Proclamations: 72...... 53961 9309...... 53443 Proposed Rules: World Wide Web 9310...... 53445 51...... 53266 9311...... 53447 73...... 53478 Full text of the daily Federal Register, CFR and other publications 9312...... 53449 429...... 52676 is located at: www.fdsys.gov. 9313...... 53451 430 ...... 52850, 54443, 54444, 9314...... 53453 Federal Register information and research tools, including Public 55038 9315...... 53455 Inspection List, indexes, and Code of Federal Regulations are 431...... 52676 9316...... 53695 located at: www.ofr.gov. 745...... 53933 9317...... 55213 E-mail 9318...... 55217 12 CFR 9319...... 55219 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1282...... 53392 an open e-mail service that provides subscribers with a digital Executive Orders: form of the Federal Register Table of Contents. The digital form 13705...... 54405 13 CFR 13706...... 54697 of the Federal Register Table of Contents includes HTML and 127...... 55019 PDF links to the full text of each document. Administrative Orders: To join or leave, go to http://listserv.access.gpo.gov and select Notices: 14 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list Notice of September 23...... 54713 (or change settings); then follow the instructions. 10, 2015 ...... 55013 25 ...... 52615, 55221, 55226, Presidential Determinations: 55228 PENS (Public Law Electronic Notification Service) is an e-mail No. 2015-11 of service that notifies subscribers of recently enacted laws. 39 ...... 52935, 52937, 52939, September 11, 52941, 52946, 52948, 52953, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 2015 ...... 55503 52955, 55229, 55232, 55235, and select Join or leave the list (or change settings); then follow 55505, 55512, 55521, 55527 5 CFR the instructions. 71...... 54417 FEDREGTOC-L and PENS are mailing lists only. We cannot 1653...... 52605 95...... 55535 respond to specific inquiries. 5801...... 54223 97 ...... 53694, 53696, 53700, 53702 Reference questions. Send questions and comments about the 6 CFR Federal Register system to: [email protected] Proposed Rules: Proposed Rules: 39 ...... 53024, 53028, 53030, The Federal Register staff cannot interpret specific documents or 5...... 53019 53480, 55045, 55273 regulations. 46...... 53933 71...... 55049, 55275 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 73...... 54444 longer appears in the Federal Register. This information can be 7 CFR 91...... 53033 found online at http://bookstore.gpo.gov/. 271...... 53240 1230...... 53933 272...... 54410 15 CFR FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 273...... 53240, 54410 274...... 53240 730...... 52959 52605–52934...... 1 275...... 53240 732...... 52959 52935–53234...... 2 301...... 53457 734...... 52959 53235–53456...... 3 319...... 55015, 55016 736...... 52959 1205...... 53243 53457–53690...... 4 738...... 52959 1218...... 53257 740...... 52959, 52962 53691–54222...... 8 1784...... 52606 742...... 52959 54223–54406...... 9 1980...... 53457 743...... 52959 54407–54700...... 10 3550...... 54713 744...... 52959, 52963 54701–55014...... 11 Proposed Rules: 746...... 52959 55015–55216...... 14 1c ...... 53933 747...... 52959 55217–55502...... 15 51...... 53021 748...... 52959 55503–55714...... 16 504...... 53021 750...... 52959 989...... 53022 752...... 52959 1205...... 53265 754...... 52959

VerDate Sep 11 2014 19:30 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\16SECU.LOC 16SECU asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER ii Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Reader Aids

756...... 52959 Proposed Rules: 40 CFR 46 CFR 758...... 52959 46...... 53933 9...... 53000 35...... 54418 760...... 52959 29 CFR 52 ...... 52627, 52630, 53001, 39...... 54418 762...... 52959 53467, 53735, 53739, 54237, 503...... 52637, 52638 764...... 52959 552...... 55029 54723, 54725, 55030, 55266, Proposed Rules: 4000...... 54980 766...... 52959 55267, 55545 401...... 54484 4001...... 54980 768...... 52959 62...... 55548 403...... 54484 4022...... 55249 770...... 52959 63...... 54728 404...... 54484 772...... 52959 4043...... 54980 180 ...... 53469, 54242, 54248, 774...... 52959 4044...... 55249 54729 47 CFR 4204...... 54980 Proposed Rules: 271...... 55032 0...... 53747 27...... 53933 4206...... 54980 721...... 53000 4231...... 54980 2...... 53747 Proposed Rules: 11...... 53747 16 CFR Proposed Rules: 9...... 53756 15...... 53747 Proposed Rules: 21...... 53933 22...... 53756 18...... 53747 312...... 53482 26...... 53933 43...... 52641 315...... 53272 30 CFR 51...... 54146 73...... 53747 456...... 53274 7...... 52984 52 ...... 52701, 52710, 53086, 74...... 53747 1211...... 53036 18...... 52984 53484, 53757, 54468, 54471, 76...... 53747, 54252 1251...... 54417 44...... 52984 54739, 54744, 55055, 55279, 78...... 53747 46...... 52984 55281, 55586 80...... 53747 17 CFR 48...... 52984 60...... 54146 90...... 53747 170...... 55022 49...... 52984 61...... 54146 95...... 53747 Proposed Rules: 56...... 52984 62...... 55586 97...... 53747 240...... 55182 57...... 52984 63...... 54146 Proposed Rules: 70...... 52984 70...... 55061 19 CFR 71...... 52984 0...... 52714 85...... 53756 1...... 52714 207...... 52617 72...... 52984 86...... 53756 74...... 52984 2...... 52714 20 CFR 97...... 55061 15...... 52714, 52715 75...... 52984 131...... 55063 Proposed Rules: 18...... 52714 90...... 52984 174...... 54257 404...... 55050 54...... 53088, 53757 Proposed Rules: 180...... 54257 416...... 55050 73...... 52715 75...... 53070 271...... 55077 431...... 53933 74...... 52715 600...... 53756 31 CFR 21 CFR 1033...... 53756 48 CFR Proposed Rules: 1036...... 53756 Ch. I...... 53436, 53440 1...... 55237 Ch. X...... 52680 520...... 53458 1037...... 53756 1...... 53753 1039...... 53756 524...... 53458 32 CFR 2...... 53753 1042...... 53756 3...... 53753 558...... 53458 199...... 55250 1308...... 54715 1065...... 53756 4...... 53439, 53753 Proposed Rules: 1066...... 53756 6...... 53753 Proposed Rules: 219...... 53933 1068...... 53756 11...... 55564 7...... 53436, 53753 15...... 54256 33 CFR 8...... 53753 41 CFR 9...... 53753 101...... 54446, 55564 100 ...... 52620, 52993, 52996, 1308...... 55565 60-1...... 54934 10...... 53753 52999, 53463 12...... 53753 22 CFR 117 ...... 52622, 52999, 53000, 42 CFR 13...... 53753 53463, 53464, 54236, 55030, 22...... 53704, 55242 52i ...... 53739 15...... 53753 55256 Proposed Rules: Proposed Rules: 16...... 53753 147...... 54718 17...... 53753 171...... 54256 154...... 54418 88...... 54746 205...... 53483 405...... 55284 19...... 53753 155...... 54418 22...... 53753 225...... 53933 156...... 54418 413...... 53087 431...... 55284 23...... 53436 24 CFR 165 ...... 52622, 52625, 53263, 25...... 53753 53465, 54721, 55257 447...... 55284 960...... 53709 482...... 55284 28...... 53753 Proposed Rules: 982...... 52619 483...... 55284 30...... 53753 100...... 55277 3280...... 53712 485...... 55284 31...... 53439 165...... 53754, 55583 3282...... 53712 488...... 55284 35...... 53439 3285...... 53712 334...... 55052 42...... 53753 50...... 53753 34 CFR 43 CFR 26 CFR 52 ...... 53436, 53439, 53753 Proposed Rules: Proposed Rules: 53...... 53753 1 ...... 52972, 52976, 53732, 3160...... 54760 97...... 53933 1842...... 52642 54374, 55243, 55538, 55643 3170...... 54760 1852...... 52642 54...... 54374 36 CFR Proposed Rules: 44 CFR 49 CFR 1 ...... 52678, 53058, 53068, 7...... 55259 64...... 52633 55568 105...... 54418 38 CFR 67...... 53007 28...... 54447 107...... 54418 17...... 55544 171...... 54418 45 CFR 27 CFR Proposed Rules: 571...... 54733 24...... 55246 16...... 53933 1174...... 55505 577...... 55035 70...... 55246 Proposed Rules: 591...... 53011 39 CFR 46...... 53933 592...... 53011 28 CFR 961...... 54722 92...... 54172 593...... 55550 2...... 52982 966...... 54722 690...... 53933 830...... 54736

VerDate Sep 11 2014 19:30 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\16SECU.LOC 16SECU asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Reader Aids iii

Proposed Rules: 537...... 53756 50 CFR 54255, 54440, 54737, 55562 11...... 53933 583...... 53756 20...... 52645, 52663 Proposed Rules: 271...... 55285 1011...... 53758 622...... 53263, 53473 17 ...... 52717, 55286, 55304 512...... 53756 1034...... 53758 648 ...... 53015, 54737, 55561 85...... 55078 523...... 53756 1102...... 53758 660...... 53088, 54507 534...... 53756 1104...... 53758 660...... 53015 535...... 53756 1115...... 53758 679 ...... 52673, 54253, 54254,

VerDate Sep 11 2014 19:30 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\16SECU.LOC 16SECU asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER iv Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Reader Aids

in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List August 11, 2015 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

VerDate Sep 11 2014 19:30 Sep 15, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\16SECU.LOC 16SECU asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER