Vol. 80 Monday, No. 225 November 23, 2015

Pages 72899–73086

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 80, No. 225

Monday, November 23, 2015

Agriculture Department Pesticide Petitions Filed for Residues of Pesticide See Food and Nutrition Service Chemicals in or on Various Commodities, 72941–72943 NOTICES Army Department CERCLA Administrative Settlement: NOTICES Bremerton Auto Wrecking/Gorst Creek Landfill Site, Port Exclusive Patent Licenses: Orchard, WA, 72967–72968 MalarVx, Inc., 72954 Meetings: Association of American Pesticide Control Officials/State Centers for Medicare & Medicaid Services FIFRA Issues Research and Evaluation Group Full NOTICES Committee, 72966 Agency Information Collection Activities; Proposals, Senior Executive Service Performance Review Board; Submissions, and Approvals, 72968–72969 Membership, 72966–72967

Children and Families Administration NOTICES Federal Aviation Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 72969–72970 Meetings: RTCA Program Management Committee, 73036–73037 Civil Rights Commission NOTICES Federal Communications Commission Meetings: RULES Washington State Advisory Committee, 72947 Unlicensed Use of TV Band and 600 MHz Band Spectrum, 73044–73086 Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau Federal Emergency Management Agency See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Meetings: See National Telecommunications and Information Technical Mapping Advisory Council, 72981–72982 Administration NOTICES Federal Energy Regulatory Commission Privacy Act; Systems of Records, 72947–72948 NOTICES Defense Department Applications: See Army Department GB Energy Park, LLC, 72961–72962 Certificate Amendments: Employee Benefits Security Administration Paiute Pipeline Co., 72956–72957 NOTICES Combined Filings, 72956, 72959–72965 Agency Information Collection Activities; Proposals, Filings: Submissions, and Approvals, 72990–72995 Indiana Municipal Power Agency, 72964–72965 The City of Independence, MO, 72961 Energy Department Meetings: See Federal Energy Regulatory Commission Collection of Connected Entity Data from Regional NOTICES Transmission Organizations and Independent System Applications to Export Liquefied Natural Gas: Operators; Technical Conference, 72962–72963 Sabine Pass Liquefaction, LLC, 72955–72956 Petitions for Declaratory Orders: Medallion Pipeline Co., LLC, 72960 Environmental Protection Agency Records Governing Off-the-Record Communications, 72958– RULES 72959 Addition of 1-Bromopropane; Community Right-to-Know Requests for Blanket Authorizations: Toxic Chemical Release Reporting, 72906–72913 Tennessee Gas Pipeline Co., LLC, 72957–72958 Air Quality State Implementation Plans; Approvals and Texas Gas Transmission, LLC, 72964 Promulgations: Virginia; Prevention of Significant Deterioration; Federal Highway Administration Plantwide Applicability Limits for Greenhouse Gases, NOTICES 72903–72906 Fish and Wildlife Service Long Range Transportation Plan PROPOSED RULES for Service-Managed Lands, 73037 Air Quality State Implementation Plans; Approvals and Promulgations: Colorado, Montana, North Dakota, and South Dakota; Federal Railroad Administration 2008 Ozone NAAQS Interstate Transport, 72937– NOTICES 72940 Petition for Waiver of Compliance, 73037–73038

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Federal Reserve System Housing and Urban Development Department NOTICES NOTICES Changes in Bank Control: Annual Factors for Determining Public Housing Agency Acquisitions of Shares of a Bank or Bank Holding Administrative Fees for the Section 8 Housing Choice Company, 72968 Voucher, Mainstream, and Moderate Rehabilitation Programs, 72983–72984 Fish and Wildlife Service Meetings: NOTICES Manufactured Housing Consensus Committee, Structure Agency Information Collection Activities; Proposals, and Design Subcommittee; Teleconference, 72982– Submissions, and Approvals: 72983 National Wildlife Refuge Visitor Check-In Permit and Use Report, 72984–72985 Industry and Security Bureau NOTICES Meetings: Food and Drug Administration Emerging Technology and Research Advisory Committee, RULES 72949 Medical Devices: Regulations and Procedures Technical Advisory Gastroenterology-Urology Devices; Classification of the Committee, 72949 Prostate Lesion Documentation System, 72899–72901 NOTICES Interior Department Guidance: See Fish and Wildlife Service Over-the-Counter Sunscreens—Safety and Effectiveness See Geological Survey Data, 72975–72976 See Land Management Bureau Sunscreen Innovation Act; Nonprescription Sunscreen See National Park Service Drug Products—Content and Format of Data See Reclamation Bureau Submissions, 72973–72975 Sunscreen Innovation Act; Section 586C(c) Advisory Internal Revenue Service Committee Process, 72972–72973 NOTICES Sunscreen Innovation Act; Withdrawal of a 586A Request Publication of the Tier 2 Tax Rates, 73039 or Pending Request, 72970–72971 Meetings: International Trade Administration Orthopaedic and Rehabilitation Devices Panel of the NOTICES Medical Devices Advisory Committee, 72971–72972 Investigations; Determinations, Modifications, and Rulings, etc.: Food and Nutrition Service Crystalline Silicon Photovoltaic Cells, Whether or not NOTICES Assembled into Modules, from the People’s Republic Agency Information Collection Activities; Proposals, of China, 72950 Submissions, and Approvals: Review of Supplemental Nutrition Assistance Program/ International Trade Commission Medicaid Eligibility Technology Integration, 72946– NOTICES 72947 Complaints: Uniform Grant Application Package for Discretionary Certain Arrowheads with Deploying Blades and Grant Programs, 72945–72946 Components Thereof, 72990 Certain Woven Textile Fabrics and Products Containing Foreign-Trade Zones Board Same, 72989 NOTICES Proposed Production Activities: Labor Department BMW Manufacturing Co., LLC; Spartanburg, SC, 72948 See Employee Benefits Security Administration Land Management Bureau Geological Survey PROPOSED RULES NOTICES Onshore Oil and Gas Operations; Federal and Indian Oil Agency Information Collection Activities; Proposals, and Gas Leases; Site Security; Measurement of Oil; and Submissions, and Approvals, 72985–72986 Measurement of Gas, 72943–72944 NOTICES Health and Human Services Department Realty Actions: See Centers for Medicare & Medicaid Services Change of Use for Recreation and Public Purposes Act See Children and Families Administration Lease N–63293–01, Clark County, NV, 72986–72987 See Food and Drug Administration See National Institutes of Health National Aeronautics and Space Administration NOTICES NOTICES Meetings: Meetings: President’s Advisory Council on Faith-based and NASA Aerospace Safety Advisory Panel, 72995 Neighborhood Partnerships, 72976 National Highway Traffic Safety Administration Homeland Security Department RULES See Federal Emergency Management Agency Final Theft Data; Motor Vehicle Theft Prevention Standard, See Transportation Security Administration 72929–72936

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National Institutes of Health Postal Service NOTICES RULES Meetings: International Service Changes: Center for Scientific Review, 72976–72979 Bonaire, Sint Eustatius, and Saba, Curacao, Netherlands Draft National Toxicology Program Technical Reports, Antilles, 72901–72902 72979–72980 National Heart, Lung, and Blood Institute, 72976 Railroad Retirement Board National Institute of Diabetes and Digestive and Kidney NOTICES Diseases, 72980 Agency Information Collection Activities; Proposals, National Institute of Neurological Disorders and Stroke, Submissions, and Approvals, 72998–72999 72980–72981 National Toxicology Program Board of Scientific Reclamation Bureau Counselors; Amendment, 72977 NOTICES Office of the Director, 72978 Environmental Impact Statements; Availability, etc.: Coordinated Long-Term Operation of the Central Valley Project and State Water Project, 72987–72988 National Oceanic and Atmospheric Administration NOTICES Securities and Exchange Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 72953 Agency Information Collection Activities; Proposals, Environmental Impact Statements; Availability, etc.: Submissions, and Approvals, 73015–73016 Fisheries of the Northeastern United States; Northeast Self-Regulatory Organizations; Proposed Rule Changes: Multispecies Fishery Management Plan; Scoping BATS Exchange, Inc., 73024–73025 Process, 72951–72953 BATS Y-Exchange, Inc., 73026–73027 Meetings: EDGA Exchange, Inc., 73009–73011 Caribbean Fishery Management Council, 72950–72951 EDGX Exchange, Inc., 72999–73006, 73032–73033 Fisheries of the Gulf of Mexico; Southeast Data, International Securities Exchange, LLC, 73034–73035 Assessment, and Review, 72953–72954 NASDAQ OMX BX, Inc., 73006–73009 NASDAQ OMX PHLX LLC, 73019–73024 National Park Service National Securities Clearing Corp., 73028–73031 The NASDAQ Stock Market LLC, 73011–73019 NOTICES Trading Suspension Orders: Meetings: African Copper Corp., Genmed Holding Corp., and Boston Harbor Islands National Recreation Area Advisory Yanglin Soybean, Inc., 73031–73032 Council, 72987 Small Business Administration National Telecommunications and Information NOTICES Administration Agency Information Collection Activities; Proposals, Submissions, and Approvals, 73035–73036 NOTICES Meetings: Transportation Department Multistakeholder Process to Promote Collaboration on See Federal Aviation Administration Vulnerability Research Disclosure; Location Change, See Federal Highway Administration 72954 See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Nuclear Regulatory Commission Administration NOTICES NOTICES Guidance: Agency Information Collection Activities; Proposals, Ultimate Heat Sink for Nuclear Power Plants, 72996– Submissions, and Approvals: 72997 Exemptions for Air Taxi Operations, 73039 Meetings: Advisory Committee on Reactor Safeguards Transportation Security Administration Subcommittee on Planning and Procedures, 72996 NOTICES Advisory Committee on Reactor Safeguards Agency Information Collection Activities; Proposals, Subcommittee on Power Uprates, 72997–72998 Submissions, and Approvals: Advisory Committee on Reactor Safeguards Aircraft Repair Station Security, 72982 Subcommittee on Reliability and Probabilistic Risk Assessment, 72995–72996 Treasury Department See Internal Revenue Service Pipeline and Hazardous Materials Safety Administration Veterans Affairs Department RULES NOTICES Hazardous Materials: Agency Information Collection Activities; Proposals, Editorial Corrections and Clarifications, 72914–72929 Submissions, and Approvals: Dependents’ Request for Change of Program or Place of Postal Regulatory Commission Training, 73039–73040 NOTICES Requirement to Present Certain Health Information for a New Postal Products, 72998 Service Dog, 73040–73041

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Loan Guaranty—Net Value Percentage Update, 73041 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. Separate Parts In This Issue To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Part II listserv.access.gpo.gov and select Online mailing list Federal Communications Commission, 73044–73086 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

21 CFR 876...... 72899 39 CFR 20...... 72901 40 CFR 52...... 72903 372...... 72906 Proposed Rules: 52...... 72937 180...... 72941 43 CFR Proposed Rules: 3160...... 72943 3170...... 72943 47 CFR 2...... 73044 15...... 73044 27...... 73044 74...... 73044 95...... 73044 49 CFR 171...... 72914 172...... 72914 173...... 72914 175...... 72914 176...... 72914 177...... 72914 178...... 72914 180...... 72914 541...... 72929

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Rules and Regulations Federal Register Vol. 80, No. 225

Monday, November 23, 2015

This section of the FEDERAL REGISTER generally referred to as postamendments FDA will classify the device by written contains regulatory documents having general devices, are classified automatically by order within 120 days. This applicability and legal effect, most of which statute into class III without any FDA classification will be the initial are keyed to and codified in the Code of rulemaking process. These devices classification of the device. Federal Regulations, which is published under remain in class III and require In accordance with section 513(f)(1) of 50 titles pursuant to 44 U.S.C. 1510. premarket approval, unless and until the FD&C Act, FDA issued an order on The Code of Federal Regulations is sold by the device is classified or reclassified April 22, 2010, classifying the prostate the Superintendent of Documents. Prices of into class I or II, or FDA issues an order mechanical imager into class III, new books are listed in the first FEDERAL finding the device to be substantially because it was neither substantially REGISTER issue of each week. equivalent, in accordance with section equivalent to a device that was 513(i) of the FD&C Act, to a predicate introduced or delivered for introduction device that does not require premarket into interstate commerce for commercial DEPARTMENT OF HEALTH AND approval. The Agency determines distribution before May 28, 1976, nor a HUMAN SERVICES whether new devices are substantially device which was subsequently equivalent to predicate devices by reclassified into class I or class II. On Food and Drug Administration means of premarket notification May 21, 2010, Artann Laboratories, Inc., procedures in section 510(k) of the submitted a request for classification of 21 CFR Part 876 FD&C Act (21 U.S.C. 360(k)) and part the prostate mechanical imager under [Docket No. FDA–2015–N–3720] 807 (21 CFR part 807) of the regulations. section 513(f)(2) of the FD&C Act. The Section 513(f)(2) of the FD&C Act, as manufacturer recommended that the Medical Devices; Gastroenterology- amended by section 607 of the Food and device be classified into class II (Ref. 1). Urology Devices; Classification of the Drug Administration Safety and In accordance with section 513(f)(2) of Prostate Lesion Documentation Innovation Act (Pub. L. 112–144), the FD&C Act, FDA reviewed the System provides two procedures by which a request for de novo classification in person may request FDA to classify a order to classify the device under the AGENCY: Food and Drug Administration, device under the criteria set forth in criteria for classification set forth in HHS. section 513(a)(1). Under the first section 513(a)(1). FDA classifies devices ACTION: Final order. procedure, the person submits a into class II if general controls by premarket notification under section themselves are insufficient to provide SUMMARY: The Food and Drug 510(k) of the FD&C Act for a device that reasonable assurance of safety and Administration (FDA) is classifying the has not previously been classified and, effectiveness, but there is sufficient prostate lesion documentation system within 30 days of receiving an order information to establish special controls into class II (special controls). The classifying the device into class III to provide reasonable assurance of the special controls that will apply to the under section 513(f)(1) of the FD&C Act, safety and effectiveness of the device for device are identified in this order and the person requests a classification its intended use. After review of the will be part of the codified language for under section 513(f)(2). Under the information submitted in the request, the prostate lesion documentation second procedure, rather than first FDA determined that the device can be system classification. The Agency is submitting a premarket notification classified into class II with the classifying the device into class II under section 510(k) of the FD&C Act establishment of special controls. FDA (special controls) in order to provide a and then a request for classification believes these special controls, in reasonable assurance of safety and under the first procedure, the person addition to general controls, will effectiveness of the device. determines that there is no legally provide reasonable assurance of the DATES: This order is effective November marketed device upon which to base a safety and effectiveness of the device. 23, 2015. The classification was determination of substantial Therefore, on April 27, 2012, FDA applicable on April 27, 2012. equivalence and requests a classification issued an order to the requestor FOR FURTHER INFORMATION CONTACT: under section 513(f)(2) of the FD&C Act. classifying the device into class II. FDA Robert J. De Luca, Center for Devices If the person submits a request to is codifying the classification of the and Radiological Health, Food and Drug classify the device under this second device by adding 21 CFR 876.2050. Administration, 10903 New Hampshire procedure, FDA may decline to Following the effective date of this Ave., Bldg. 66, Rm. G214, Silver Spring, undertake the classification request if final classification order, any firm MD, 20993–0002, 301–796–6551, FDA identifies a legally marketed device submitting a premarket notification [email protected]. that could provide a reasonable basis for (510(k)) for a prostate lesion SUPPLEMENTARY INFORMATION: review of substantial equivalence with documentation system will need to the device or if FDA determines that the comply with the special controls named I. Background device submitted is not of ‘‘low- in this final order. The device is In accordance with section 513(f)(1) of moderate risk’’ or that general controls assigned the generic name prostate the Federal Food, Drug, and Cosmetic would be inadequate to control the risks lesion documentation system, and it is Act (the FD&C Act) (21 U.S.C. and special controls to mitigate the risks identified as a prescription device 360c(f)(1)), devices that were not in cannot be developed. intended for use in producing an image commercial distribution before May 28, In response to a request to classify a of the prostate as an aid in documenting 1976 (the date of enactment of the device under either procedure provided prostate abnormalities previously Medical Device Amendments of 1976), by section 513(f)(2) of the FD&C Act, identified during a digital rectal

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examination. The device uses pressure stiffness. The device is limited to use as FDA has identified the following risks sensors and image reconstruction a documentation tool and is not to health associated specifically with software to produce a prostate image intended for diagnostic purposes or for this type of device and the measures that highlights regional differences in influencing any clinical decisions. required to mitigate these risks in intraprostatic tissue elasticity or table 1.

TABLE 1—PROSTATE LESION DOCUMENTATION SYSTEM RISKS AND MITIGATION MEASURES

Identified risks Mitigation measures

Failure to consistently produce an accurate image ...... Performance Testing (non-clinical and clinical) Software Verification, Validation, and Hazard Analysis Labeling Misinterpretation of displayed images ...... Labeling User error ...... Labeling Microbial contamination from reusable components ...... Labeling Validation of Reprocessing Methods and Instructions Adverse tissue reaction ...... Biocompatibility Testing Electromagnetic incompatibility ...... Electromagnetic Compatibility Testing Electrical injury ...... Electrical Safety Testing Thermal injury ...... Thermal Safety Testing Mechanical injury ...... Mechanical Safety Testing

FDA believes that the measures set from premarket notification p.m., Monday through Friday; it is also forth in the following special controls, requirements. Persons who intend to available electronically at http:// in combination with the general market this type of device must submit www.regulations.gov. controls, address these risks to health to FDA a premarket notification, prior to 1. DEN100016: De novo request per and provide reasonable assurance of the marketing the device, which contains section 513(f)(2) of the FD&C Act safety and effectiveness: information about the prostate lesion from Artann Laboratories, Inc., • Non-clinical and clinical documentation system they intend to dated May 21, 2010. performance testing must demonstrate market. the accuracy and reproducibility of the List of Subjects in 21 CFR Part 876 constructed image. II. Environmental Impact • Appropriate analysis/testing must We have determined under 21 CFR Medical devices. validate electromagnetic compatibility, 25.34(b) that this action is of a type that Therefore, under the Federal Food, electrical safety, thermal safety, and does not individually or cumulatively Drug, and Cosmetic Act and under mechanical safety. have a significant effect on the human authority delegated to the Commissioner • Appropriate software verification, environment. Therefore, neither an of Food and Drugs, 21 CFR part 876 is validation, and hazard analysis must be environmental assessment nor an amended as follows: performed. environmental impact statement is • All elements of the device that may required. PART 876—GASTROENTEROLOGY– contact the patient must be UROLOGY DEVICES demonstrated to be biocompatible. III. Paperwork Reduction Act of 1995 • Methods and instructions for This final administrative order ■ 1. The authority citation for 21 CFR reprocessing of any reusable establishes special controls that refer to part 876 continues to read as follows: components must be properly validated. previously approved collections of • Authority: 21 U.S.C. 351, 360, 360c, 360e, The labeling must include specific information found in other FDA 360j, 360l, 371. information needed to ensure proper regulations. These collections of use of the device. information are subject to review by the ■ 2. Add § 876.2050 to subpart C to read Prostate lesion documentation Office of Management and Budget as follows: systems are prescription devices (OMB) under the Paperwork Reduction restricted to patient use only upon the Act of 1995 (44 U.S.C. 3501–3520). The § 876.2050 Prostate lesion documentation system. authorization of a practitioner licensed collections of information in part 807, by law to administer or use the device; subpart E, regarding premarket (a) Identification. A prostate lesion see 21 CFR 801.109 (Prescription notification submissions have been documentation system is a prescription devices). approved under OMB control number device intended for use in producing an Section 510(m) of the FD&C Act 0910–0120, and the collections of image of the prostate as an aid in provides that FDA may exempt a class information in 21 CFR part 801, documenting prostate abnormalities II device from the premarket notification regarding labeling have been approved previously identified during a digital requirements under section 510(k) if under OMB control number 0910–0485. rectal examination. The device uses FDA determines that premarket pressure sensors and image notification is not necessary to provide IV. Reference reconstruction software to produce a reasonable assurance of the safety and The following reference has been prostate image that highlights regional effectiveness of the device. For this type placed on display in the Division of differences in intraprostatic tissue of device, FDA has determined that Dockets Management (HFA–305), Food elasticity or stiffness. The device is premarket notification is necessary to and Drug Administration, 5630 Fishers limited to use as a documentation tool provide reasonable assurance of the Lane, Rm. 1061, Rockville, MD 20852, and is not intended for diagnostic safety and effectiveness of the device. and is available for viewing by purposes or for influencing any clinical Therefore, this device is not exempt interested persons between 9 a.m. and 4 decisions.

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(b) Classification. Class II (special DATES: Effective date: January 17, 2016. 2 Conditions for Mailing controls). The special controls for this FOR FURTHER INFORMATION CONTACT: 210 Global Express Guaranteed device are: Paula Rabkin at 202–268–2537. (1) Non-clinical and clinical * * * * * performance testing must demonstrate SUPPLEMENTARY INFORMATION: The ® 213 Prices and Postage Payment the accuracy and reproducibility of the United States Postal Service gives Methods constructed image. notice that on October 22, 2015, the (2) Appropriate analysis/testing must Postal Service filed with the Postal * * * * * validate electromagnetic compatibility, Regulatory Commission a notice of a 213.5 Destinating Countries and Price electrical safety, thermal safety, and minor classification change to add Groups mechanical safety. Bonaire, Sint Eustatius, and Saba to the (3) Appropriate software verification, Mail Classification Schedule (MCS). The * * * * * validation, and hazard analysis must be Commission concurred with the notice Exhibit 213.5 performed. in its Order No. 2808, issued on (4) All elements of the device that November 9, 2015. Documents are Destinating Countries and Price Groups may contact the patient must be available at www.prc.gov, Docket No. * * * * * demonstrated to be biocompatible. MC2016–10. Consequently, the Postal [Add a listing for Bonaire, Sint (5) Methods and instructions for Service will revise IMM sections 213.5, Eustatius, and Saba to read as follows:] reprocessing of any reusable 292.45, 293.45, the Index of Countries components must be properly validated. and Localities, the Country Price Groups Country GXG Price (6) The labeling must include specific and Weight Limits, and the Individual group information needed to ensure proper Country Listings, to add a new listing use of the device. for Bonaire, Sint Eustatius, and Saba ***** Dated: November 16, 2015. and to modify Curac¸ao’s listing. Bonaire, Sint Eustatius, and Leslie Kux, List of Subjects in 39 CFR Part 20 Saba ...... 7 Associate Commissioner for Policy. Foreign relations, International postal ***** [FR Doc. 2015–29632 Filed 11–20–15; 8:45 am] services. BILLING CODE 4164–01–P * * * * * Accordingly, 39 CFR part 20 is amended as follows: 290 Commercial Services POSTAL SERVICE * * * * * PART 20—[AMENDED] 39 CFR Part 20 292 International Priority Airmail ■ 1. The authority citation for 39 CFR (IPA) Service International Service Changes— part 20 continues to read as follows: * * * * * Bonaire, Sint Eustatius, and Saba, Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– Curac¸ao, Netherlands Antilles 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 292.4 Mail Preparation 401, 403, 404, 407, 414, 416, 3001–3011, AGENCY: Postal ServiceTM. * * * * * 3201–3219, 3403–3406, 3621, 3622, 3626, ACTION: Final rule. 3632, 3633, and 5001. 292.45 IPA Foreign Office of Exchange Codes and Price Groups SUMMARY: At the request of the ■ 2. Revise the following sections of designated operator for Bonaire, Sint Mailing Standards of the United States * * * * * Eustatius, and Saba, the Postal Service Postal Service, International Mail Exhibit 292.45a is adding this country to Mailing Manual (IMM), as follows: IPA Foreign Office of Exchange Codes Standards of the United States Postal * * * * * Service, International Mail Manual and Price Groups (IMM®), to reflect these islands’ status Mailing Standards of the United States [Add a separate listing for Bonaire, as special municipalities of the Postal Service, International Mail Sint Eustatius, and Saba and remove Netherlands with their own designated Manual (IMM) Bonaire, Saba, and Sint Eustatius from operator. * * * * * Curac¸ao’s listing as follows:].

Price Country labeling name Foreign office of exchange code group

******* Bonaire, Sint Eustatius, and Saba ...... BON 17

******* Curac¸ao ...... CUR 17

*******

293 International Surface Air Lift 293.4 Mail Preparation 293.45 ISAL Foreign Office of (ISAL) Service * * * * * Exchange Codes and Price Groups * * * * * * * * * *

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Exhibit 293.45a Bonaire, Saba, and Sint Eustatius from ISAL Foreign Office of Exchange Codes Curac¸ao’s listing as follows:] and Price Groups [Add a separate listing for Bonaire, Sint Eustatius, and Saba and remove

Price Country labeling name Foreign office of exchange code group

******* Bonaire, Sint Eustatius, and Saba ...... BON 17

******* Curac¸ao ...... CUR 17

*******

* * * * * Curac¸ao [Revise the listing for Sint Eustatius as follows:] Index of Countries and Localities * * * * * * * * * * [Delete the listings for ‘‘Netherlands Sint Eustatius (Bonaire, Sint Eustatius, [Revise the listing for Bonaire as Antilles (Curac¸ao)’’ and ‘‘Netherlands and Saba) follows:] Antilles (Sint Maarten)’’] * * * * * * * * * * Bonaire (Bonaire, Sint Eustatius, and Country Price Groups and Weight Saba) [Revise the listing for Saba as follows:] Limits * * * * * [Revise the listing for Curac¸ao as Saba (Bonaire, Sint Eustatius, and Saba) [Add a new listing for Bonaire, Sint follows:] * * * * * Eustatius, and Saba as follows:]

Global ex- Priority mail express inter- Priority mail international First-class mail inter- press guar- national national and first- anteed class package inter- Max. PMI flat rate national service Country Wt. Max. PMEI flat Price Max. envelopes (lbs.) Price Wt. rate enve- group Wt. and boxes Max. Wt. Price group group (lbs.) lopes price (lbs.) price Price (ozs./ group 1 group 2 group lbs.) 3

******* Bonaire, Sint Eustatius, and Saba...... 7 70 9 66 8 9 44 8 9 3.5/4

*******

* * * * * Note: Coins; banknotes; currency Curac¸ao notes, including paper money; securities Country Conditions for Mailing Individual Country Listings of any kind payable to bearer; traveler’s * * * * * checks; platinum, gold, and silver; * * * * * precious stones; jewelry; watches; and [Add a new individual country listing Priority Mail Express International for Bonaire, Sint Eustatius, and Saba, other valuable articles are prohibited in which is identical to the current listing Priority Mail Express International * * * * * shipments to Bonaire, Sint Eustatius, for Curac¸ao, except for the following [Change the area served as follows:] differences:] and Saba. * * * * * Area Served: Bonaire, Sint Eustatius, and Saba [Change the country code as follows:] All Country Conditions for Mailing Country Code: BQ * * * * * * * * * * [Change the area served as follows:] We will publish an appropriate Priority Mail Express International amendment to 39 CFR part 20 to reflect Area Served: these changes. * * * * * All Stanley F. Mires, Customs Forms Required (123) * * * * * Attorney, Federal Compliance. * * * * * [Revise the heading for Curac¸ao’s [FR Doc. 2015–29720 Filed 11–20–15; 8:45 am] [Revise the Note as follows:] Individual Country Listing to read:] BILLING CODE 7710–12–P

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ENVIRONMENTAL PROTECTION May 12, 2014 SIP submittal. The 12, 2014 submittal incorporates PAL AGENCY revision incorporates PAL provisions for provisions into Virginia’s PSD program, GHGs into Virginia’s PSD program. consistent with EPA’s Tailoring Rule 40 CFR Part 52 In a June 3, 2010 final rulemaking Step 3. [EPA–R03–OAR–2015–0274; FRL–9937–25– action, EPA promulgated regulations On June 23, 2014, the United States Region 3] known as ‘‘the Tailoring Rule,’’ which Supreme Court, in Utility Air Regulatory phased in permitting requirements for Group v. Environmental Protection Approval and Promulgation of Air GHG emissions from stationary sources Agency,3 issued a decision addressing Quality Implementation Plans; Virginia; under the CAA PSD and title V the Tailoring Rule and the application Prevention of Significant Deterioration; permitting programs. See 75 FR 31514. of PSD permitting requirements to GHG Plantwide Applicability Limits for For Step 1 of the Tailoring Rule, which emissions. The Supreme Court said that Greenhouse Gases began on January 2, 2011, PSD or title the EPA may not treat GHGs as an air V requirements applied to sources of pollutant for purposes of determining AGENCY: Environmental Protection GHG emissions only if the sources were whether a source is a major source Agency (EPA). subject to PSD or title V ‘‘anyway’’ due required to obtain a PSD permit. The ACTION: Final rule. to their emissions of non-GHG Court also said that the EPA could pollutants. These sources are referred to continue to require that PSD permits, SUMMARY: The Environmental Protection as ‘‘anyway sources.’’ Step 2 of the otherwise required based on emissions Agency (EPA) is approving a May 12, Tailoring Rule, which began on July 1, of pollutants other than GHGs, contain 2014 State Implementation Plan (SIP) 2011, applied the PSD and title V limitations on GHG emissions based on revision submitted for the permitting requirements under the CAA the application of Best Available Commonwealth of Virginia by the to sources that were classified as major, Control Technology (BACT). The Virginia Department of Environmental and, thus, required to obtain a permit, Supreme Court decision effectively Quality (VADEQ). This revision adds based solely on their potential GHG upheld PSD permitting requirements for Plantwide Applicability Limit (PAL) emissions and to modifications of GHG emissions under Step 1 of the provisions for Greenhouse Gases (GHGs) otherwise major sources that required a Tailoring Rule for ‘‘anyway sources’’ to Virginia’s Prevention of Significant PSD permit because they increased only and invalidated PSD permitting Deterioration (PSD) program. This GHGs above applicable levels in the requirements for Step 2 sources. action is being taken under the Clean EPA regulations. Subsequently, on May In accordance with the Supreme Air Act (CAA). 13, 2011, EPA took final action to Court decision, on April 10, 2015, the DATES: This final rule is effective on approve a revision to Virginia’s PSD U.S. Court of Appeals for the District of December 23, 2015. SIP, incorporating preconstruction Columbia Circuit (D.C. Circuit) issued ADDRESSES: EPA has established a permitting requirements for major an amended judgment vacating the docket for this action under Docket ID stationary sources and major regulations that implemented Step 2 of Number EPA–R03–OAR–2015–0274. All modifications of GHGs, consistent with the Tailoring Rule, but not the documents in the docket are listed in the Federal PSD requirements at the regulations that implement Step 1 of the the www.regulations.gov Web site. time. See 76 FR 27898. Tailoring Rule.4 The amended judgment Although listed in the electronic docket, In a June 12, 2012 final rulemaking preserves, without the need for some information is not publicly action entitled ‘‘Prevention of additional rulemaking by the EPA, the available, i.e., confidential business Significant Deterioration and Title V application of the BACT requirement to information (CBI) or other information Greenhouse Gas Tailoring Rule Step 3 GHG emissions from sources that are whose disclosure is restricted by statute. and GHG Plantwide Applicability required to obtain a PSD permit based Certain other material, such as Limits’’ 1 (hereafter, Tailoring Rule Step on emissions of pollutants other than copyrighted material, is not placed on 3), EPA promulgated a number of GHGs (i.e., the ‘‘anyway’’ sources). The the Internet and will be publicly streamlining measures intended to D.C. Circuit’s judgment vacated the available only in hard copy form. improve the administration of GHG PSD regulations at issue in the litigation, Publicly available docket materials are permitting programs. Included in that including 40 CFR 51.166(b)(48)(v), ‘‘to available electronically through rulemaking were provisions to allow the extent they require a stationary www.regulations.gov or may be viewed sources to obtain GHG PALs on a carbon source to obtain a PSD permit if 2 during normal business hours at the Air dioxide equivalent (CO2e) basis, rather greenhouse gases are the only pollutant Protection Division, U.S. Environmental than strictly on a mass basis. A PAL is (i) that the source emits or has the Protection Agency, Region III, 1650 an emissions limitation for a single potential to emit above the applicable Arch Street, Philadelphia, Pennsylvania pollutant expressed in tons per year major source thresholds, or (ii) for 19103. Copies of the State submittal are (tpy) that is enforceable as a practical which there is a significant emissions available at the Virginia Department of matter and is established source-wide in increase from a modification.’’ 5 Environmental Quality, 629 East Main accordance with specific criteria. See 40 EPA may need to take additional steps Street, Richmond, Virginia 23219. CFR 52.21(aa)(2)(v). PALs offer an to revise federal PSD rules in light of the FOR FURTHER INFORMATION CONTACT: alternative method for determining Supreme Court decision and recent D.C. David Talley, (215) 814–2117, or by major New Source Review (NSR) Circuit judgment. In addition, EPA email at [email protected]. applicability: If a source can maintain anticipates that many states will revise its overall emissions of the PAL their existing SIP-approved PSD SUPPLEMENTARY INFORMATION: pollutant below the PAL level, the programs. EPA is not expecting states to I. Background source can make a change without have revised their existing PSD program triggering PSD review. Virginia’s May On June 5, 2015 (80 FR 32078), EPA 3 published a notice of proposed See 134 S.Ct. 2427. 1 See 77 FR 41051. 4 Coalition for Responsible Regulation v. EPA, rulemaking (NPR) for the 2 CO2e is defined as the mass of the specific GHG D.C. Cir., No. 09–1322, 06/26/20, judgment entered Commonwealth of Virginia. In the NPR, (in tons), multiplied by its Global Warming for No. 09–1322 on 04/10/2015. EPA proposed approval of Virginia’s Potential, as codified in 40 CFR part 98. 5 Id.

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regulations at this juncture. However, is being added to the SIP. The voluntary environmental assessment; (2) EPA is evaluating PSD program amendments are consistent with the are prepared independently of the submissions to assure that the state’s GHG PAL provisions of 40 CFR 52.21 as assessment process; (3) demonstrate a program correctly addresses GHGs promulgated by EPA on July 12, 2012. clear, imminent and substantial danger consistent with both decisions. See 77 FR 41072–41075. These to the public health or environment; or Virginia’s currently approved PSD SIP provisions were effective in Virginia on (4) are required by law. continues to require that PSD permits March 13, 2014. Other specific On January 12, 1998, the (otherwise required based on emissions requirements of the May 12, 2014 SIP Commonwealth of Virginia Office of the of pollutants other than GHGs) contain submittal and the rationale for EPA’s Attorney General provided a legal limitations on GHG emissions based on approval are explained in the NPR and opinion that states that the Privilege the application of BACT when sources will not be restated here. No comments law, Va. Code Sec. 10.1–1198, precludes emit or increase GHGs in the amount of were received on the NPR. granting a privilege to documents and 75,000 tpy, measured as CO2e. Although information ‘‘required by law,’’ Virginia’s SIP may also currently III. Final Action including documents and information contain provisions that are no longer EPA is approving VADEQ’s May 12, ‘‘required by Federal law to maintain necessary in light of the D.C. Circuit’s 2014 SIP submittal as a revision to the program delegation, authorization or judgment or the Supreme Court Virginia SIP. approval,’’ since Virginia must ‘‘enforce decision, this does not prevent EPA IV. Incorporation by Reference Federally authorized environmental from approving the submission programs in a manner that is no less addressed in this rule. This rulemaking In this rulemaking action, EPA is stringent than their Federal counterparts action does not add any GHG permitting finalizing regulatory text that includes . . . .’’ The opinion concludes that requirements that are inconsistent with incorporation by reference. In ‘‘[r]egarding § 10.1–1198, therefore, either decision. accordance with requirements of 1 CFR documents or other information needed Likewise, the GHG PAL provisions 51.5, the EPA is finalizing the for civil or criminal enforcement under being approved in this action include incorporation by reference of the one of these programs could not be some provisions that may no longer be VADEQ rules regarding GHG PALs privileged because such documents and appropriate in light of both the D.C. discussed in section II of this preamble. information are essential to pursuing Circuit judgment and the Supreme EPA has made, and will continue to enforcement in a manner required by Court decision. Since the Supreme make, these documents generally Federal law to maintain program Court has determined that sources and available electronically through delegation, authorization or approval.’’ modifications may not be defined as www.regulations.gov, or they may be Virginia’s Immunity law, Va. Code ‘‘major’’ solely on the basis of the level viewed at the appropriate EPA office Sec. 10.1–1199, provides that ‘‘[t]o the of GHGs emitted or increased, PALs for (see the ADDRESSES section of this extent consistent with requirements GHGs may no longer have value in some preamble for more information). imposed by Federal law,’’ any person situations where a source might have V. General Information Pertaining to making a voluntary disclosure of triggered PSD based on GHG emissions SIP Submittals From the information to a state agency regarding alone. However, PALs for GHGs may Commonwealth of Virginia a violation of an environmental statute, still have a role to play in determining regulation, permit, or administrative whether a modification that triggers PSD In 1995, Virginia adopted legislation order is granted immunity from for a pollutant other than GHGs should that provides, subject to certain administrative or civil penalty. The also be subject to BACT for GHGs. These conditions, for an environmental Attorney General’s January 12, 1998 provisions, like the other GHG assessment (audit) ‘‘privilege’’ for opinion states that the quoted language provisions discussed previously, may be voluntary compliance evaluations renders this statute inapplicable to revised at some future time. However, performed by a regulated entity. The enforcement of any Federally authorized these provisions do not add new legislation further addresses the relative programs, since ‘‘no immunity could be requirements for sources or burden of proof for parties either afforded from administrative, civil, or modifications that only emit or increase asserting the privilege or seeking criminal penalties because granting GHGs above the major source threshold disclosure of documents for which the such immunity would not be consistent or the 75,000 tpy GHG level in 40 CFR privilege is claimed. Virginia’s with Federal law, which is one of the 52.21(b)(49)(iv). Rather, the PAL legislation also provides, subject to criteria for immunity.’’ provisions provide increased flexibility certain conditions, for a penalty waiver Therefore, EPA has determined that to sources that wish to address their for violations of environmental laws Virginia’s Privilege and Immunity GHG emissions in a PAL. Since this when a regulated entity discovers such statutes will not preclude the flexibility may still be valuable to violations pursuant to a voluntary Commonwealth from enforcing its PSD sources in at least one context described compliance evaluation and voluntarily program consistent with the Federal above, EPA is approving these discloses such violations to the requirements. In any event, because provisions as a revision to the Virginia Commonwealth and takes prompt and EPA has also determined that a state SIP at this juncture. appropriate measures to remedy the audit privilege and immunity law can violations. Virginia’s Voluntary affect only state enforcement and cannot II. Summary of SIP Revision Environmental Assessment Privilege have any impact on Federal The revision includes amendments to Law, Va. Code Sec. 10.1–1198, provides enforcement authorities, EPA may at 9VAC5–85: ‘‘Permits for Stationary a privilege that protects from disclosure any time invoke its authority under the Sources of Pollutants Subject to documents and information about the CAA, including, for example, sections Regulation.’’ Specifically, 9VAC5–85– content of those documents that are the 113, 167, 205, 211 or 213, to enforce the 40: ‘‘Prevention of Significant product of a voluntary environmental requirements or prohibitions of the state Deterioration Area Permit Actions,’’ and assessment. The Privilege Law does not plan, independently of any state 9VAC5–85–50: ‘‘Definitions’’ are being extend to documents or information enforcement effort. In addition, citizen amended. Additionally, 9VAC5–85–55: that: (1) Are generated or developed enforcement under section 304 of the ‘‘Actual plantwide applicability limits,’’ before the commencement of a CAA is likewise unaffected by this, or

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any, state audit privilege or immunity • is not subject to requirements of action must be filed in the United States law. Section 12(d) of the National Court of Appeals for the appropriate Technology Transfer and Advancement circuit by January 22, 2016. Filing a VI. Statutory and Executive Order Act of 1995 (15 U.S.C. 272 note) because petition for reconsideration by the Reviews application of those requirements would Administrator of this final rule does not A. General Requirements be inconsistent with the CAA; and affect the finality of this action for the • does not provide EPA with the purposes of judicial review nor does it Under the CAA, the Administrator is discretionary authority to address, as extend the time within which a petition required to approve a SIP submission appropriate, disproportionate human for judicial review may be filed, and that complies with the provisions of the health or environmental effects, using shall not postpone the effectiveness of CAA and applicable Federal regulations. practicable and legally permissible such rule or action. This action 42 U.S.C. 7410(k); 40 CFR 52.02(a). methods, under Executive Order 12898 pertaining to Virginia’s PSD program Thus, in reviewing SIP submissions, (59 FR 7629, February 16, 1994). may not be challenged later in EPA’s role is to approve state choices, The SIP is not approved to apply on proceedings to enforce its requirements. provided that they meet the criteria of any Indian reservation land as defined (See section 307(b)(2).) the CAA. Accordingly, this action in 18 U.S.C. 1151 or in any other area merely approves state law as meeting where EPA or an Indian tribe has List of Subjects in 40 CFR Part 52 Federal requirements and does not demonstrated that a tribe has impose additional requirements beyond jurisdiction. In those areas of Indian Environmental protection, Air those imposed by state law. For that country, the rule does not have tribal pollution control, Carbon monoxide, reason, this action: implications and will not impose Incorporation by reference, • Is not a ‘‘significant regulatory substantial direct costs on tribal Intergovernmental relations, Nitrogen action’’ subject to review by the Office governments or preempt tribal law as dioxide, Ozone, Particulate matter, of Management and Budget under specified by Executive Order 13175 (65 Reporting and recordkeeping Executive Order 12866 (58 FR 51735, FR 67249, November 9, 2000). requirements, Sulfur oxides, Volatile October 4, 1993); organic compounds. • B. Submission to Congress and the does not impose an information Comptroller General Dated: October 28, 2015. collection burden under the provisions Shawn M. Garvin, The Congressional Review Act, 5 of the Paperwork Reduction Act (44 Regional Administrator, Region III. U.S.C. 3501 et seq.); U.S.C. 801 et seq., as added by the Small • is certified as not having a Business Regulatory Enforcement 40 CFR part 52 is amended as follows: significant economic impact on a Fairness Act of 1996, generally provides substantial number of small entities that before a rule may take effect, the PART 52—APPROVAL AND under the Regulatory Flexibility Act (5 agency promulgating the rule must PROMULGATION OF U.S.C. 601 et seq.); submit a rule report, which includes a IMPLEMENTATION PLANS copy of the rule, to each House of the • does not contain any unfunded Congress and to the Comptroller General ■ mandate or significantly or uniquely 1. The authority citation for part 52 of the United States. EPA will submit a affect small governments, as described continues to read as follows: report containing this action and other in the Unfunded Mandates Reform Act required information to the U.S. Senate, Authority: 42 U.S.C. 7401 et seq. of 1995 (Pub. L. 104–4); • the U.S. House of Representatives, and Subpart VV—Virginia does not have Federalism the Comptroller General of the United implications as specified in Executive States prior to publication of the rule in ■ Order 13132 (64 FR 43255, August 10, the Federal Register. A major rule 2. In § 52.2420, the table in paragraph 1999); cannot take effect until 60 days after it (c) is amended by revising the entries • is not an economically significant is published in the Federal Register. under Chapter 85 for Sections 5–85–40 regulatory action based on health or This action is not a ‘‘major rule’’ as and 5–85–50 and adding an entry for safety risks subject to Executive Order defined by 5 U.S.C. 804(2). Section 5–85–55 to read as follows: 13045 (62 FR 19885, April 23, 1997); § 52.2420 Identification of plan. • is not a significant regulatory action C. Petitions for Judicial Review subject to Executive Order 13211 (66 FR Under section 307(b)(1) of the CAA, * * * * * 28355, May 22, 2001); petitions for judicial review of this (c) * * *

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

Explanation State citation Title/subject State effective EPA approval date [former SIP date citation]

*******

9 VAC 5, Chapter 85 Permits for Stationary Sources of Pollutants Subject to Regulation

*******

Part III Prevention of Significant Deterioration Permit Actions

5–85–40 ...... Prevention of Significant Deterioration Area Permit 03/13/14 11/23/15 [Insert Federal Actions. Register citation].

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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued

Explanation State citation Title/subject State effective EPA approval date [former SIP date citation]

5–85–50 ...... Definitions ...... 03/13/14 11/23/15 [Insert Federal Register citation]. 5–85–55 ...... Actual plantwide applicability limits (PALs) ...... 03/13/14 11/23/15 [Insert Federal Added. Register citation].

*******

* * * * * the National Toxicology Program in FOR FURTHER INFORMATION CONTACT: [FR Doc. 2015–29680 Filed 11–20–15; 8:45 am] their 13th Report on Carcinogens as Daniel R. Bushman, Environmental BILLING CODE 6560–50–P ‘‘reasonably anticipated to be a human Analysis Division, Office of Information carcinogen.’’ The EPA has determined Analysis and Access (2842T), that 1-bromopropane meets the EPCRA Environmental Protection Agency, 1200 ENVIRONMENTAL PROTECTION section 313(d)(2)(B) criteria because it Pennsylvania Ave. NW., Washington, AGENCY can reasonably be anticipated to cause DC 20460; telephone number: 202–566– cancer in humans. 0743; fax number: 202–566–0677; email: 40 CFR Part 372 DATES: This final rule is effective [email protected], for specific [EPA–HQ–TRI–2015–0011; FRL–9937–12– November 30, 2015, and shall apply for information on this notice. For general OEI] the reporting year beginning January 1, information on EPCRA section 313, RIN 2025–AA41 2016 (reports due July 1, 2017). contact the Emergency Planning and ADDRESSES: The EPA has established a Community Right-to-Know Hotline, toll Addition of 1-Bromopropane; docket for this action under Docket ID free at (800) 424–9346 (select menu Community Right-to-Know Toxic No. EPA–HQ–TRI–2015–0011. All option 3) or (703) 412–9810 in Virginia Chemical Release Reporting documents in the docket are listed on and Alaska or toll free, TDD (800) 553– the http://www.regulations.gov Web 7672, http://www.epa.gov/superfund/ AGENCY: Environmental Protection contacts/infocenter/. Agency (EPA). site. Although listed in the index, some ACTION: Final rule. information is not publicly available, SUPPLEMENTARY INFORMATION: e.g., Confidential Business Information SUMMARY: The Environmental Protection (CBI) or other information whose I. General Information Agency (EPA) is adding 1- disclosure is restricted by statute. A. Does this notice apply to me? bromopropane to the list of toxic Certain other material, such as chemicals subject to reporting under copyrighted material, is not placed on You may be potentially affected by section 313 of the Emergency Planning the Internet and will be publicly this action if you manufacture, process, and Community Right-to-Know Act available only in hard copy form. or otherwise use 1-bromopropane. (EPCRA) of 1986 and section 6607 of the Publicly available docket materials are Potentially affected categories and Pollution Prevention Act (PPA) of 1990. available electronically through http:// entities may include, but are not limited 1-Bromopropane has been classified by www.regulations.gov. to:

Category Examples of potentially affected entities

Industry ...... Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*, 211112*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191, 511199, 512220, 512230*, 519130*, 541712*, or 811490*. *Exceptions and/or limitations exist for these NAICS codes. Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221118, 221121, 221122, 221330 (Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (corresponds to SIC 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (corresponds to SIC 4953, Refuse Systems). Federal Government ...... Federal facilities.

This table is not intended to be entities listed in the table have To determine whether your facility exhaustive, but rather provides a guide exemptions and/or limitations regarding would be affected by this action, you for readers regarding entities likely to be coverage, and other types of entities not should carefully examine the affected by this action. Some of the listed in the table could also be affected. applicability criteria in part 372 subpart

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B of Title 40 of the Code of Federal • The chemical is known to cause or peer review and several opportunities Regulations. If you have questions can be reasonably anticipated to cause, for public comment. regarding the applicability of this action because of: B. What was the EPA’s rationale for to a particular entity, consult the person Æ Its toxicity, proposing to list 1-bromopropane? listed in the preceding FOR FURTHER Æ its toxicity and persistence in the As the EPA stated in the proposed INFORMATION CONTACT section. environment, or Æ rule (80 FR 20189, April 15, 2015), the II. Introduction its toxicity and tendency to NTP RoC document undergoes bioaccumulate in the environment, a significant scientific review and public A. What is the statutory authority for significant adverse effect on the this final rule? comment and mirrors the review the environment of sufficient seriousness, EPA has historically done to assess This rule is issued under EPCRA in the judgment of the Administrator, to chemicals for listing under EPCRA section 313(d) and section 328, 42 warrant reporting under this section. section 313 on the basis of U.S.C. 11023 et seq. EPCRA is also The EPA often refers to the section carcinogenicity. The conclusions referred to as Title III of the Superfund 313(d)(2)(A) criterion as the ‘‘acute regarding the potential for chemicals in Amendments and Reauthorization Act human health effects criterion;’’ the the NTP RoC to cause cancer in humans of 1986. section 313(d)(2)(B) criterion as the are based on established sound B. What is the background for this ‘‘chronic human health effects scientific principles. The EPA believes action? criterion;’’ and the section 313(d)(2)(C) that the NTP RoC is an excellent and criterion as the ‘‘environmental effects reliable source of information on the Section 313 of EPCRA, 42 U.S.C. criterion.’’ potential for chemicals covered therein 11023, requires certain facilities that The EPA published in the Federal to cause cancer in humans. Based on the manufacture, process, or otherwise use Register of November 30, 1994 (59 FR EPA’s review of the data contained in listed toxic chemicals in amounts above 61432), a statement clarifying its the 13th NTP RoC (Reference (Ref.) 1) reporting threshold levels to report their interpretation of the section 313(d)(2) for 1-bromopropane, the Agency agreed environmental releases and other waste and (d)(3) criteria for modifying the that 1-bromopropane can reasonably be management quantities of such section 313 list of toxic chemicals. anticipated to cause cancer. Therefore, chemicals annually. These facilities the EPA determined that the evidence must also report pollution prevention III. Summary of Proposed Rule was sufficient for listing 1- and recycling data for such chemicals, A. What chemical did the EPA propose bromopropane on the EPCRA section pursuant to section 6607 of the PPA, 42 to add to the EPCRA section 313 list of 313 toxic chemical list pursuant to U.S.C. 13106. Congress established an toxic chemicals? EPCRA section 313(d)(2)(B) based on initial list of toxic chemicals that the available carcinogenicity data for 1- comprised 308 individually listed As discussed in the proposed rule (80 bromopropane as presented in the 13th chemicals and 20 chemical categories. FR 20189, April 15, 2015), the EPA RoC (Ref. 2). EPCRA section 313(d) authorizes the proposed to add 1-bromopropane to the EPA to add or delete chemicals from the EPCRA section 313 list of toxic IV. What comments did the EPA receive list and sets criteria for these actions. chemicals. 1-Bromopropane had been on the proposed rule? EPCRA section 313(d)(2) states that the classified as ‘‘reasonably anticipated to The EPA received four comments on EPA may add a chemical to the list if be a human carcinogen’’ by the National the proposed rule to add 1- any of the listing criteria in Section Toxicology Program (NTP) in its 13th bromopropane to the EPCRA section 313(d)(2) are met. Therefore, to add a Report on Carcinogens (RoC) document. 313 chemical list. Three of the chemical, the EPA must demonstrate In addition, based on a review of the comments were supportive of the EPA’s that at least one criterion is met, but available production and use proposed addition of 1-bromopropane need not determine whether any other information, the EPA determined that 1- while one commenter objected to the criterion is met. Conversely, to remove bromopropane is expected to be addition. The commenters that a chemical from the list, EPCRA section manufactured, processed, or otherwise supported the proposed rule included 313(d)(3) dictates that the EPA must used in quantities that would exceed the two anonymous comments from the demonstrate that none of the listing EPCRA section 313 reporting general public (Refs. 3 and 4) and a criteria in Section 313(d)(2)(A)-(C) are thresholds. The NTP is an interagency comment from the Halogenated Solvents met. The EPCRA section 313(d)(2)(A)– program within the Department of Industry Alliance, Inc. (HSIA) (Ref. 5). (C) criteria are: Health and Human Services (DHHS) Members of the HSIA include The Dow • The chemical is known to cause or headquartered at the National Institute Chemical Company, INEOS Chlor can reasonably be anticipated to cause of Environmental Health Sciences Americas, Inc., Occidental Chemical, significant adverse acute human health (NIEHS) of the National Institutes of and Axiall Corporation. The commenter effects at concentration levels that are Health (NIH). As part of the NTP’s who objected to the addition was the reasonably likely to exist beyond facility cancer evaluation work, it periodically Albemarle Corporation (Ref. 6). The site boundaries as a result of publishes the RoC document which most significant comments are continuous, or frequently recurring, contains cancer classifications from the summarized and responded to below. releases. NTP’s most recent chemical evaluations The complete set of comments and the • The chemical is known to cause or as well as the classifications from EPA’s responses can be found in the can reasonably be anticipated to cause previous versions of the RoC. There is response to comment document in the in humans: an extensive review process for the RoC docket for this rulemaking (Ref. 7). Note Æ Cancer or teratogenic effects, or which includes evaluations by scientists that in some of the comments 1- Æ serious or irreversible— from the NTP, other Federal health bromopropane is referred to as nPB, D Reproductive dysfunctions, research and regulatory agencies which is the acronym for the alternative D neurological disorders, (including the EPA), and chemical name n-propyl bromide. D heritable genetic mutations, or nongovernmental institutions. The RoC The HSIA (Ref. 5) stated that the D other chronic health effects. review process also includes external proposed rule presented substantial

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evidence to support the conclusion that the rule. The EPA considers the benefits bromopropane as ‘‘reasonably 1-bromopropane is known to cause or of reporting under this rule to be anticipated to be a human carcinogen.’’ can reasonably be anticipated to cause primarily reflected by the purposes The conclusions of the NTP 13th RoC cancer in humans. The HSIA also noted served by reporting of information for 1-bromopropane were consistent that other published studies indicate under EPCRA section 313. The EPA with how the EPA would consider the that 1-bromopropane is neurotoxic, may believes the benefits provided by the carcinogenicity data available for 1- cause reproductive dysfunction, and is information to be reported under this bromopropane. Therefore, for the acutely or chronically toxic. The HSIA rule outweigh the costs. purposes of listing 1-bromopropane on concluded that clearly, the scientific With regard to laundry services (such the EPCRA section 313 chemical list, literature supports the addition of 1- as dry cleaners) these facilities are not the EPA concluded that 1- bromopropane to the list of chemicals subject to reporting under EPCRA bromopropane can reasonably be subject to reporting under EPCRA section 313. Even if such facilities were anticipated to cause cancer in humans. section 313. subject to reporting, listing a chemical Since the listing of 1-bromopropane EPA agrees with the commenter’s under EPCRA section 313 does not under EPCRA section 313 is based on statement that the EPA provided require covered facilities to update or the available cancer data, the EPA is not substantial evidence to support the replace any equipment. EPCRA section responding to the comments from conclusion that 1-bromopropane is 313 only requires the reporting of Albemarle Corporation on the HAP known to cause or can reasonably be release and waste management listing petition that dealt with issues of anticipated to cause cancer in humans. information, it does not impose any emissions, exposure, risk values, and The EPA also agrees with the restrictions on the use of chemicals. risk assessment. commenter’s conclusion that the The majority of comments provided While not specific to the materials the scientific literature supports the by the Albemarle Corporation (Ref. 6) EPA cited to support the addition of 1- addition of 1-bromopropane to the are the same comments they submitted bromopropane to the EPCRA section EPCRA section 313 chemical list. The in response to the ‘‘Receipt of a 313 chemical list, there were some EPA acknowledges that there may be complete petition’’ to add 1- comments on the cancer data for 1- other toxicological effects that may also bromopropane to the Hazardous Air bromopropane in the materials that the be a basis for listing. However, the EPA Pollutant (HAP) List (80 FR 6676, Albemarle Corporation submitted in believes the available cancer data are February 6, 2015). The only comments response to the HAP listing petition sufficient for adding 1-bromopropane to submitted by the Albemarle Corporation (Ref. 6). Specifically, these comments the EPCRA section 313 chemical list. specific to the EPA’s proposed rule to are contained in sections 2.2 and 2.3 of The first anonymous commenter (Ref. add 1-bromopropane to the EPCRA the document ‘‘Comments on the 3) supported the addition of 1- section 313 chemical list were provided Petition to Add n-Propyl Bromide to the bromopropane to the EPCRA section in a letter from Charles R. Nestrud of the List of Hazardous Air Pollutants 313 list and cited additional toxicity law firm Chisenhall, Nestrud & Julian, Regulated under § 112 of the Clean Air information, neurotoxicity and P.A. dated June 10, 2015 (Nestrud Act’’ prepared by the Gradient reproductive toxicity, as being of letter). The EPA is providing responses Corporation (Gradient Corp.). Since concern. to all of the comments in the Nestrud these comments dealt with the toxic EPA agrees that 1-bromopropane letter. endpoint (cancer) that is the basis for should be added to the EPCRA section The vast majority of the comments the addition of 1-bromopropane to the 313 chemical list. The EPA also submitted by the Albemarle Corporation EPCRA section 313 chemical list, the acknowledges that there may be other on the HAP listing petition dealt with EPA has addressed these comments as toxicological effects (such as issues of emissions, exposure, risk well. neurotoxicity) that may also be a basis values, and risk assessment, which are In the Nestrud letter, the commenter for listing. However, the available not relevant to the proposed addition of stated that: cancer data are sufficient for adding 1- 1-bromopropane to the EPCRA section bromopropane to the EPCRA section 313 chemical list since the addition is The comments prepared by Albemarle and its consultants demonstrate that the technical 313 chemical list. based on hazard and not risk. The information submitted to support the The second anonymous commenter addition of 1-bromopropane to the Proposed Rule is out of date, incorrect, and (Ref. 4) supported the listing of 1- EPCRA section 313 chemical list is insufficient to support the Proposed Rule. bromopropane as long as the benefits based on the cancer hazard evaluation Furthermore, when all toxicological data is substantially outweigh the costs. The carried out by the NTP and reviewed by considered, and current emission data is commenter also expressed concern that the EPA to ensure its consistency with considered, the weight of the evidence does there may be ‘‘significant costs to local the EPA Guidelines for Carcinogen Risk not support adding 1-bromopropane to the businesses, i.e., laundry services, that Assessment (Ref. 9). Consistent with the list of toxic chemicals. have to update or replace their EPA guidelines (Ref. 9), the NTP 13th EPA disagrees that the information equipment as well as significant costs RoC (Ref. 2) evaluates the scientific submitted to support the proposed rule and time spent in order to comply with literature and publicly available, peer- to add 1-bromopropane to the EPCRA the rule.’’ reviewed technical reports of human section 313 chemical list is ‘‘out of date, EPA’s cost-benefit analysis was and laboratory studies to evaluate incorrect, and insufficient to support the contained in the economic analysis for whether substances are possible human Proposed Rule.’’ The EPA provided the proposed rule ‘‘Economic Analysis carcinogens. The NTP RoC does not information from the NTP 13th RoC of the Proposed Rule to add 1- present a quantitative assessment of the which was released on October 2, 2014 Bromopropane to the EPCRA Section risks of cancer associated with a given (Ref. 2). The EPA’s evaluation of the 313 List of Toxic Chemicals’’ (Ref. 8), chemical. Rather, it indicates the data used to support the findings for 1- which was reference 8 in the proposed potential hazard associated with bromopropane was conducted shortly rule (80 FR 20189, April 15, 2015). The chemicals but does not establish the after the release of the 13th RoC and economic analysis contains a exposure conditions that would pose completed on November 3, 2014 (Ref. quantitative estimate of the costs and a cancer risks to individuals. In the 13th 1). The EPA’s economic analysis of the qualitative discussion of the benefits of RoC, the NTP classified 1- potential costs of the proposed rule

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including the estimate of the number of The toxicity screen is used to identify indicated in the economic analysis, the facilities expected to file reports was chemicals for further consideration and does EPA estimates that 140 reports (126 completed on February 17, 2015 (Ref. 8). not reflect a final determination for listing a Form Rs and 14 Form As) from 23 chemical under EPCRA section 313. Such a The EPA notes that the commenter did determination can only be made after a different industry sectors will be filed not provide any comments specific to hazard assessment is conducted (See Unit for 1-bromopropane. Therefore, the EPA the EPA’s evaluation of the NTP 13th 11.3. of this preamble). has determined that there is sufficient RoC data and findings for 1- production and use of 1-bromopropane (59 FR 61433, November 30, 1994) bromopropane (Ref. 1), which was such that reports will be filed. As reference 6 in the proposed rule (80 FR EPA did not screen 1-bromopropane previously noted, the commenter 20189, April 15, 2015), or specific to the for addition, but rather conducted a provided no specific comments on the NTP 13th RoC materials prepared for 1- hazard evaluation of the available EPA’s economic analysis. Certain spray bromopropane (Refs. 10 and 11), which cancer data and based on the adhesives industries may be required to were references 5 and 7 in the proposed classification by the NTP in their 13th report under EPCRA section 313, but rule (80 FR 20189, April 15, 2015), or RoC as ‘‘reasonably anticipated to be a dry cleaning facilities are not a covered on the EPA’s economic analysis for the human carcinogen’’ and our review of industry sector and thus are not addition of 1-bromopropane (Ref. 8), that data, concluded 1-bromopropane required to file reports under EPCRA which was reference 8 in the proposed should be added to the EPCRA section section 313. While it has been the EPA’s rule (80 FR 20189, April 15, 2015). It is, 313 chemical list. As noted in the policy to focus on the addition of therefore, unclear which technical proposed rule, the EPA reviewed the chemicals for which reports are information that the EPA submitted to data used by the NTP to make this expected to be filed, it is not a statutory support the proposed rule that the determination and agreed with the requirement. As the EPA noted in the commenter believes is out of date, NTP’s classification (Ref. 1), which was 2010 proposed rule for the addition of incorrect, or insufficient to support the reference 6 in the proposed rule (80 FR 16 NTP carcinogens to the EPCRA proposed rule. Comments regarding the 20189, April 15, 2015). As the EPA section 313 chemical list: available cancer data and relevance of noted in the 1994 chemical expansion rule, cancer is an extreme toxic effect: Section 313(d)(2) of EPCRA provides EPA emissions data are discussed in other the discretion to add chemicals to the TRI list responses below. In some cases the effects are extreme, such when there is sufficient evidence to establish The Nestrud letter also provided as cancer or death. any of the listing criteria. EPA can add a comments concerning screening criteria (59 FR 61433, November 30, 1994) chemical that meets one criterion regardless of its production volume. that the EPA had used in a previous If the EPA had conducted a toxicity rulemaking: screen like that used in the 1994 (75 FR 17336, April 6, 2010) In its 1994 rulemaking EPA identified chemical expansion rule, the available The Nestrud letter also commented on certain criteria it had developed to evaluate cancer data would have been sufficient the issue of conducting a hazard chemicals for additions to the list of toxic to classify 1-bromopropane as a high evaluation to support the listing of 1- chemicals. This included a toxicity and priority for listing. In fact, the NTP’s 6th bromopropane to the EPCRA section production volume screen, and a hazard 313 list: evaluation based on the initial screen. RoC was a primary source reviewed for Addition of Certain Chemicals; Toxic chemicals for potential addition (59 FR Hazard Evaluation. Based on the results of Chemical Release Reporting; Community 1789, January 12, 1994). As previously the screen, EPA should conduct a Hazard Right-to-Know; Final Rule (59 FR No. 229; noted, the commenter did not provide Evaluation for 1-bromopropane. The attached Doc. No. 94–29376, November 30, 1994; any comments specifically on the NTP’s comments submitted to EPA as part of the OPPTS–400082B. classification of 1-bromopropane as nPB Petition demonstrate that the weight of Toxicity Screen. Through the toxicity ‘‘reasonably anticipated to be a human the evidence is not sufficient to add 1- screen a chemical is assigned a ‘‘high bromopropane to the list of toxic chemicals. priority,’’ ‘‘medium priority,’’ or ‘‘low carcinogen’’ in the 13th RoC, nor did In particular, the individual lifetime cancer priority.’’ The attached comments submitted they provide any comments on the risk at maximally impacted census receptors to EPA as part of the nPB Petition EPA’s evaluation of the NTP cancer data near the facilities that use 1-bromopropane is demonstrate that there is insufficient toxicity and classification (Ref. 1), as provided less than 1 in 1 million for all the facilities information to support assigning a ‘‘high in reference 6 of the proposed rule (80 identified by EPA in the nPB Petition, with priority,’’ or ‘‘medium priority’’ to nPB. FR 20189, April 15, 2015). the exception of a narrow tube manufacturing facility, for which the maximum individual The information that the commenter The Nestrud letter also commented on the issue of a production volume screen: lifetime cancer risk is less than 1 in 100,000. cited regarding the criteria the EPA Other than STC, there are no identified identified for evaluating chemicals for Production Volume Screen. When use of populations that would have a lifetime addition to the EPCRA section 313 the chemical is less than the reporting cancer risks from exposure to nPB in excess chemical list are the criteria the EPA thresholds, the chemical is ‘‘not considered of 1 in 1 million. used for its 1994 chemical expansion further.’’ The attached comments submitted Accordingly, there is no information that rulemaking to evaluate large numbers of to EPA as part of the nPB Petition would support adding 1-bromopropane to the demonstrate that there are no facilities in the list of toxic chemicals. chemicals for potential addition. These dry cleaning or spray adhesives industries The commenter states that the EPA screening criteria are not the criteria that use more 1-bromopropane than the used to determine whether or not a reporting threshold of 10,000 pounds (5 should conduct a ‘‘Hazard Evaluation’’ chemical can be added to the EPCRA tons). Although the nPB Petition identified for 1-bromopropane, but that is exactly section 313 chemical list, that criteria is one facility in the metal cleaning industry what the EPA did. The EPA’s hazard established under EPCRA section that used more 1-bromopropane than the evaluation included the NTP’s 313(d)(2). As the EPA noted in the 1994 reporting threshold of 10,000 pounds (5 classification of 1-bromopropane as chemical expansion rule: tons), that facility reported its use of nPB ‘‘reasonably anticipated to be a human pursuant to its Title V Air Permit. carcinogen’’ (Refs. 2 and 10) and the A toxicity screen is a limited review of readily available toxicity data that is used for Reference 8 in the proposed rule was EPA’s review of the data used by the a preliminary categorization of a chemical the economic analysis for the addition NTP to support that classification (Ref. during the process of selecting candidates for of 1-bromopropane to the EPCRA 1). As noted in the proposed rule, the possible listing under EPCRA section 313. section 313 chemical list (Ref. 8). As NTP conducted an extensive review

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(including public comment and peer assessments (59 FR 61432), EPA does not not relying on the data for alveolar/ review) of the cancer data for 1- believe that an exposure assessment is bronchiolar adenomas and carcinomas bromopropane in making the necessary or appropriate for determining in B6C3F1 mice for characterizing whether 1-bromopropane meets the criteria classification for the NTP 13th RoC. The of EPCRA section 313(d)(2)(B). cancer risks in humans from exposure to EPA’s review of that information, as 1-bromopropane. While the EPA discussed in reference 6 of the proposed (80 FR 20189, April 15, 2015) convened a technical workshop on the rule, concluded that: The EPA disagrees with the state-of-the-science for chemically- conclusion of the commenter that there The conclusions of the NTP RoC for 1- induced mouse lung tumors, there was bromopropane were consistent with how the is no information that would support no consensus on the relevance of this Agency would consider the carcinogenicity adding 1-bromopropane to the EPCRA tumor to humans (Ref. 12). Rather, one data available for 1-bromopropane. section 313 chemical list. In fact, it is of the workshop outcomes included the Therefore, it would be appropriate for the the EPA’s position that there are future application of the information Agency, for the purposes of listing 1- extensive cancer data that support this discussed during the workshop to bromopropane on the Toxics Release addition as discussed and referenced in develop a mode of action framework on Inventory, to conclude that 1-bromopropane the proposed rule. a chemical by chemical basis. As stated can reasonably be anticipated to cause cancer In the comments the Albemarle in humans. in the EPA Guidelines for Carcinogen Corporation submitted on the HAP Risk Assessment (Ref. 9): (80 FR 20189, April 15, 2015) listing petition (Ref. 6), the report by The default option is that positive effects EPA believes the cancer data for 1- Gradient Corp. included section ‘‘2.2 Human Relevance of the Petitioner’s in animal cancer studies indicate that the bromopropane sufficiently support agent under study can have carcinogenic listing under EPCRA section Inhalation Unit Risk Factor.’’ In that potential in humans. Thus, if no adequate 313(d)(2)(B). None of the information section, issues regarding the cancer data human or mode of action data are present, concerning the cancer data that the for 1-bromopropane were raised. These positive effects in animal cancer studies are commenter submitted in their response issues include the petitioners’ use of a basis for assessing the carcinogenic hazard to the petition to add 1-bromopropane alveolar/bronchiolar adenomas and to humans. to the hazardous air pollutant (HAP) list carcinomas in B6C3F1 mice for their The NTP monograph for 1- changes the EPA’s conclusion with risk assessment. The commenter took bromopropane (Ref. 10) discussed the regard to the potential for 1- issue with the petitioners’ suggestion issue of mode of action in the section on bromopropane to cause cancer in that ‘‘there are no reasons to assume that mechanistic considerations: the mode, or modes, of action by which humans. Responses to the specific 5.3 Mechanistic considerations comments on certain portions of the tumors are induced by nPB are not relevant to man.’’ The commenter stated The biological events associated with hazard evaluation are addressed in other that the petitioners’ supporting chemically induced cancer are not responses. information lacked an analysis of the completely understood even for chemicals With regard to the commenter’s human relevance of the mouse lung that have been extensively studied and are conclusions concerning the cancer risks known to cause cancer in humans (e.g., tumors or any other cancer endpoint from facilities identified in the HAP benzene and arsenic) (Guyton et al. 2009). It and cited recommendations in the petition, this information is not relevant is important to recognize that chemicals can EPA’s Guidelines for Carcinogen Risk to the addition of 1-bromopropane to act through multiple toxicity pathways and Assessment for collecting relevant the EPCRA section 313 chemical list. mechanisms to induce cancer or other health information on the mode of action. The effects, and the relative importance of the The EPA did not base the proposed commenter stated that alveolar/ various pathways may vary with life stage, addition of 1-bromopropane to the bronchiolar adenomas and carcinomas genetic background, and dose. Thus, it is EPCRA section 313 chemical list on any have been reviewed and debated for a unlikely that for any chemical a single exposure or risk evaluation. 1- number of chemical compounds and mechanism or mode of action will fully Bromopropane meets the EPCRA section were the subject of a 2014 technical explain the multiple biological alterations and toxicity pathways that can cause normal 313(d)(2)(B) listing criteria based on the workshop sponsored by the EPA. The cancer data alone and there are no cells to transform and ultimately form a commenter also provided summaries of tumor. statutory requirements to consider relevant information that they claim are exposure or risk under EPCRA section Although no studies were identified that available for 1-bromopropane to explore were specifically designed to investigate 313(d)(2)(B). While the statutory criteria mode of action questions. The possible modes of action for 1- of EPCRA section 313(d)(2)(B) do not commenter concluded that there is bromopropane-induced carcinogenesis, the require consideration of exposure or evidence that the mode of action for the available data indicate that metabolic risk, the EPA has a policy concerning endpoint selected to predict risks for 1- activation, genetic damage, and oxidative when it may be appropriate to consider bromopropane may not be relevant for stress from glutathione depletion are potential exposures when adding humans. The commenter stated that, important factors. As discussed in the chemicals under EPCRA section previous section, these factors were linked to considering the state-of-the-science several of the primary non-neoplastic toxic 313(d)(2)(B). As the EPA stated in the surrounding this health endpoint, the proposed rule: effects of 1-bromopropane, including EPA should not rely on the data for immunosuppression, neurotoxicity, EPA considers chemicals that can alveolar/bronchiolar adenomas and reproductive toxicity, and hepatotoxicity. reasonably be anticipated to cause cancer to carcinomas in B6C3F1 mice for Other factors that have been associated with have moderately high to high chronic characterizing cancer risks in humans carcinogenesis and may be relevant for 1- toxicity. EPA does not believe that it is from exposure to 1-bromopropane. bromopropane are discussed and include appropriate to consider exposure for As the EPA previously noted, the immune-response modulation, altered cell chemicals that are moderately high to highly proposed addition of 1-bromopropane to signaling and gene expression, inflammation, toxic based on a hazard assessment when the EPCRA section 313 chemical list is and cytotoxicity and compensatory cell determining if a chemical can be added for proliferation. chronic effects pursuant to EPCRA section based on hazard alone and not on any 313(d)(2)(B) (see 59 FR 61440–61442). consideration of exposures or potential (Ref. 10, page 40) Therefore, in accordance with EPA’s risks. For the purposes of listing under After considering the mode of action standard policy on the use of exposure EPCRA section 313(d)(2)(B), the EPA is issues, the NTP classified 1-

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bromopropane as ‘‘reasonably were not identified (see reference 6 in studies cited by the commenter in their anticipated to be a human carcinogen.’’ the proposed rule). The EPA Guidelines assessment of the mutagenicity data for The EPA believes that this classification for Carcinogen Risk Assessment 1-bromopropane were cited by the NTP is consistent with how the data would reference the NTP criteria for assessing in their monograph for 1-bromopropane be evaluated under the EPA’s individual studies in the assessment of (Ref. 10). Also, the commenter focused Guidelines for Carcinogen Risk carcinogenicity, stating ‘‘(c)riteria for on the mutagenicity data for 1- Assessment (Ref. 9). the technical adequacy of animal bromopropane, but the data on the In the comments the Albemarle carcinogenicity studies have been mutagenicity of the metabolites of 1- Corporation submitted on the HAP published and should be used as bromopropane are an important part of listing petition, the report by Gradient guidance to judge the acceptability of the assessment as well. The summarized Corp. included section ‘‘2.3 Human individual studies, e.g., NTP, 1984 . . .’’ results of the unpublished study Relevance of NTP Results.’’ In that (pages 2–16). provided by the commenter do not section, issues regarding the cancer data While the EPA acknowledges that change the conclusion regarding the for 1-bromopropane were raised. The uncertainties exist when evaluating any mutagenicity of 1-bromopropane and its commenter stated that the petitioners agent, the EPA agrees with NTP’s metabolites. cited NTP results for the mouse and rat assessment of the data and conclusions bioassays as evidence of the potential regarding the carcinogenicity of 1- V. Summary of Final Rule carcinogenic activity of 1-bromopropane bromopropane. Indeed, according to the The EPA is finalizing the addition of (Ref. 13). The commenter claims that the EPA’s Guidelines for Carcinogen Risk 1-bromopropane to the EPCRA section petitioner did not consider potential Assessment (Ref. 9) ‘‘The default option 313 list of toxic chemicals. The EPA has uncertainties that the commenter is that positive effects in animal cancer determined that 1-bromopropane meets believes are found in the underlying studies indicate that the agent under the listing criteria under EPCRA section mutagenicity, genotoxicity, and study can have carcinogenic potential in 313(d)(2)(B) based on the available carcinogenicity data for 1- humans. Thus, if no adequate human or carcinogenicity data. bromopropane. The commenter claimed mode of action data are present, positive that this was not consistent with the effects in animal cancer studies are a VI. References EPA’s cancer guidelines, which basis for assessing the carcinogenic The EPA has established an official recommend evaluating the weight of hazard to humans.’’ The EPA believes public docket for this action under evidence prior to determining the that the evaluation of the available data Docket ID No. EPA–HQ–TRI–2015– carcinogenic potential of a chemical are consistent with the EPA’s guidelines 0011. The public docket includes substance. The commenter went on to including the EPA’s ‘‘Supplemental information considered by the EPA in summarize information from studies guidance for assessing susceptibility developing this action, including the they believe show potential from early-life exposure to carcinogens documents listed below, which are uncertainties that are apparent in the (Final)’’ (Ref. 14). electronically or physically located in toxicological information for 1- The NTP in its monograph of 1- the docket. In addition, interested bromopropane. bromopropane (Ref. 10), which parties should consult documents that Since the publication of the NTP supported the 13th RoC listing (Ref. 2), are referenced in the documents that the bioassay cited by the commenter (Ref. concluded the following: EPA has placed in the docket, regardless 13), the NTP published its 13th RoC Studies in vivo show that 1-bromopropane of whether these referenced documents (Ref. 2). In this report, the NTP can covalently bind to protein in exposed are electronically or physically located concluded that there is sufficient rats and occupationally exposed workers. in the docket. For assistance in locating evidence of carcinogenicity for 1- The available data provide some support that documents that are referenced in bromopropane based on (1) skin tumors 1-bromopropane is genotoxic as it induced documents that the EPA has placed in in male rats, (2) tumors of the large mutations in bacterial and mammalian cells the docket, but that are not intestine in female and male rats, and and DNA damage in human cells. There is electronically or physically located in limited evidence that DNA damage was (3) lung tumors in female mice. The the docket, please consult the person report also cited malignant induced in leukocytes from 1-bromopropane- exposed workers. 1-Bromopropane did not listed in the above FOR FURTHER mesothelioma of the abdominal cavity induce chromosomal damage in exposed INFORMATION CONTACT section. For and pancreatic islet tumors in male rats rodents (micronucleus induction assay) or convenience, the docket also includes and skin tumors (squamous-cell gene-cell mutations (dominant lethal all of the Federal Register documents papilloma, keratoacanthoma, and basal- mutation assay). Several known or postulated cited in this action. cell adenoma or carcinoma) in female metabolites of 1-bromopropane have been rats as supporting evidence. The NTP’s identified as mutagens and two, glycidol and 1. USEPA, OEI, 2014. Memorandum from monograph for 1-bromopropane propylene oxide (proposed), were shown to Jocelyn Hospital, Toxicologist, Analytical Support Branch to Sandra addresses all of the data issues that the cause chromosomal and DNA damage in cultured mammalian cells. Both metabolites Gaona, Acting Chief, Analytical Support commenter raised (Ref. 10). caused chromosomal damage in cells from Branch. November 3, 2014. Subject: According to the EPA’s Guidelines for rodents exposed in vivo, and propylene Review of National Toxicology Program Carcinogen Risk Assessment (Ref. 9), an oxide induced DNA damage in cells from (NTP) Cancer Classification Data for 1- agent can be classified as ‘‘Likely to Be exposed workers. Three other 1- bromopropane. Carcinogenic to Humans’’ if it ‘‘has bromopropane metabolites (a-bromohydrin, 2. NTP, 2014. National Toxicology Program. tested positive in animal experiments in 3-bromo-1-propanol, and 1-bromo-2- Report on Carcinogens, Thirteenth more than one species, sex, strain, site, propanol) were mutagenic or caused DNA Edition. Released October 2, 2014. U.S. or exposure route, with or without damage in bacteria. Department of Health and Human evidence of carcinogenicity in humans.’’ The EPA agrees with the NTP’s Services, Public Health Service, National Toxicology Program, Research Triangle Inconsistencies between how the data conclusions regarding the mutagenicity Park, NC 27709. (http:// were interpreted by the NTP and how of 1-bromopropane and its metabolites. ntp.niehs.nih.gov/pubhealth/roc/roc13/ that same data might be interpreted With the exception of the summary index.html). under the EPA’s Guidelines for information provided by the commenter 3. Anonymous public comment. April 15, Carcinogen Risk Assessment (Ref. 9) for one unpublished study, all of the 2015. EPA–HQ–TRI–2015–0011–0048.

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4. Anonymous public comment. April 16, VII. What are the statutory and 1320.5(b) and 1320.6(a), an Agency may 2015. EPA–HQ–TRI–2015–0011–0049. Executive Order reviews associated not conduct or sponsor, and a person is 5. Comment submitted by Faye Graul, with this action? not required to respond to, a collection Executive Director, Halogenated Solvents of information unless it displays a Industry Alliance Incorporated (HSIA). Additional information about these Re: Docket ID No. EPA–HQ–TRI–2015– statutes and Executive Orders can be currently valid OMB control number. 0011. June 15, 2015. EPA–HQ–TRI– found at http://www2.epa.gov/laws- The OMB control numbers relevant to 2015–0011–0051. regulations/laws-and-executive-orders. the EPA’s regulations are listed in 40 6. Comment submitted by Niomi CFR part 9, 48 CFR chapter 15, and Krzystowczyk, Vice President, Health, A. Executive Order 12866: Regulatory displayed on the information collection Safety and Environment, Albemarle Planning and Review and Executive instruments (e.g., forms, instructions). Corporation. Re: Proposed Rule: Order 13563: Improving Regulation and Addition of 1-Bromopropane; Regulatory Review C. Regulatory Flexibility Act (RFA), as Community Right-to-Know Toxic Amended by the Small Business Chemical Release Reporting; Docket ID This action is not a significant Regulatory Enforcement Fairness Act of No. EPA–HQ–TRI–2015–0011 [FRL– regulatory action and was therefore not 1996 (SBREFA), 5 U.S.C. 601 et seq. 9925–29–OEI, 80 FR 20189 (April 15, submitted to the Office of Management 2015). June 10, 2015. EPA–HQ–TRI– and Budget (OMB) for review. I certify that this action will not have 2015–0011–0050. a significant economic impact on a 7. USEPA, OEI, 2015. Response to Comments B. Paperwork Reduction Act substantial number of small entities Received on the April 15, 2015, Federal Register Proposed Rule (80 FR 20189): This action does not contain any new under the RFA. The small entities Addition of 1-Bromopropane; information collection requirements that subject to the requirements of this Community Right-to-Know Toxic require additional approval by the action are small manufacturing Chemical Release Reporting. U.S. Office of Management and Budget facilities. The Agency has determined Environmental Protection Agency Office (OMB) under the Paperwork Reduction that of the 140 entities estimated to be of Environmental Information, Office of Act (PRA). OMB has previously impacted by this action, 136 are small Information Analysis and Access. August businesses; no small governments or 20, 2015. approved the information collection 8. USEPA, OEI, 2015. Economic Analysis of activities contained in the existing small organizations are expected to be the Proposed Rule to add 1- regulations and has assigned OMB affected by this action. All 136 small Bromopropane to the EPCRA Section 313 control numbers 2025–0009 and 2050– businesses affected by this action are List of Toxic Chemicals. February 17, 0078. Currently, the facilities subject to estimated to incur annualized cost 2015. the reporting requirements under impacts of less than 1%. Facilities 9. USEPA, 2005. Guidelines for Carcinogen EPCRA 313 and PPA 6607 may use eligible to use Form A (those meeting Risk Assessment. Risk Assessment either the EPA Toxic Chemicals Release the appropriate activity threshold which Forum, U.S. Environmental Protection have 500 pounds per year or less of Agency, Washington, DC, March 2005. Inventory Form R (EPA Form 1B9350– EPA/630/P–03/001F. 1), or the EPA Toxic Chemicals Release reportable amounts of the chemical) will 10. NTP, 2013. Report on Carcinogens Inventory Form A (EPA Form 1B9350– have a lower burden. Thus, this action Monograph on 1-Bromopropane. Office 2). The Form R must be completed if a is not expected to have a significant of the Report on Carcinogens, Division of facility manufactures, processes, or adverse economic impact on a the National Toxicology Program, otherwise uses any listed chemical substantial number of small entities. A National Institute of Environmental above threshold quantities and meets more detailed analysis of the impacts on Health Sciences, U.S. Department of certain other criteria. For the Form A, small entities is located in the EPA’s Health and Human Services. NIH economic analysis support document Publication No. 13–5982, September 25, the EPA established an alternative 2013. threshold for facilities with low annual (Ref. 8). 11. NTP, 2014. National Toxicology Program. reportable amounts of a listed toxic D. Unfunded Mandates Reform Act Report on Carcinogens, Thirteenth chemical. A facility that meets the Edition, Profile for 1-Bromopropane. appropriate reporting thresholds, but This action does not contain an Released October 2, 2014. U.S. estimates that the total annual unfunded mandate of $100 million or Department of Health and Human reportable amount of the chemical does more as described in UMRA, 2 U.S.C. Services, Public Health Service, National 1531–1538, and does not significantly or Toxicology Program, Research Triangle not exceed 500 pounds per year, can Park, NC 27709. take advantage of an alternative uniquely affect small governments. This 12. USEPA, 2014. Summary Report of the manufacture, process, or otherwise use action is not subject to the requirements State-of-the-Science Workshop on threshold of 1 million pounds per year of UMRA because it contains no Chemically-induced Mouse Lung of the chemical, provided that certain regulatory requirements that might Tumors: Applications to Human Health conditions are met, and submit the significantly or uniquely affect small Assessments. National Center for Form A instead of the Form R. In governments. Small governments are Environmental Assessment, Washington, addition, respondents may designate the not subject to the EPCRA section 313 DC, December 2014. EPA/600/R–14/002. reporting requirements. The EPA’s 13. NTP, 2011. Technical Report on the specific chemical identity of a substance Toxicology and Carcinogenesis Studies as a trade secret pursuant to EPCRA economic analysis indicates that the of 1-Bromopropane (CAS No. 106–94–5) section 322, 42 U.S.C. 11042, 40 CFR total cost of this action is estimated to in F344/N Rats and B6C3F1 Mice part 350. be $531,002 in the first year of reporting (Inhalation Studies). Toxicity Report OMB has approved the reporting and (Ref. 8). Series No. 564. NIH Publication No. 11– recordkeeping requirements related to E. Executive Order 13132 (Federalism) 5906. Department of Health and Human Forms A and R, supplier notification, Services, Public Health Service, Research and petitions under OMB Control This action does not have federalism Triangle Park, NC. number 2025–0009 (EPA Information implications. It will not have substantial 14. USEPA, 2005. Supplemental guidance for assessing susceptibility from early-life Collection Request (ICR) No. 1363) and direct effects on the States, on the exposure to carcinogens (Final). Risk those related to trade secret designations relationship between the national Assessment Forum, Washington, DC, under OMB Control 2050–0078 (EPA government and the States, or on the March 2005. EPA/630/R–03/003F. ICR No. 1428). As provided in 5 CFR distribution of power and

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responsibilities among the various J. Executive Order 12898: Federal K. Congressional Review Act (CRA) levels of government. Actions To Address Environmental This action is subject to the CRA, and F. Executive Order 13175: Consultation Justice in Minority Populations and Low-Income Populations the EPA will submit a rule report to and Coordination With Indian Tribal each House of the Congress and to the Governments The EPA believes the human health or Comptroller General of the United This action does not have tribal environmental risk addressed by this States. This action is not a ‘‘major rule’’ implications, as specified in Executive action will not have potential as defined by 5 U.S.C. 804(2). Order 13175. This action relates to toxic disproportionately high and adverse List of Subjects in 40 CFR Part 372 chemical reporting under EPCRA human health or environmental effects section 313, which primarily affects on minority, low-income or indigenous Environmental protection, private sector facilities. Thus, Executive populations. The results of this Community right-to-know, Reporting Order 13175 does not apply to this evaluation are contained below. and recordkeeping requirements, and action. This action does not address any Toxic chemicals. G. Executive Order 13045: Protection of human health or environmental risks Dated: November 9, 2015. Children From Environmental Health and does not affect the level of Risks and Safety Risks Gina McCarthy, protection provided to human health or Administrator. The EPA interprets Executive Order the environment. This action adds an 13045 as applying only to those additional chemical to the EPCRA For the reasons set forth in the regulatory actions that concern section 313 reporting requirements. By preamble, the EPA amends 40 CFR part environmental health or safety risks that adding a chemical to the list of toxic 372 as follows: the EPA has reason to believe may chemicals subject to reporting under disproportionately affect children, per section 313 of EPCRA, the EPA would PART 372—TOXIC CHEMICAL the definition of ‘‘covered regulatory be providing communities across the RELEASE REPORTING: COMMUNITY action’’ in section 2–202 of the United States (including minority RIGHT-TO-KNOW Executive Order. This action is not populations and low income subject to Executive Order 13045 populations) with access to data which ■ 1. The authority citation for part 372 because it does not concern an continues to read as follows: environmental health risk or safety risk. they may use to seek lower exposures and consequently reductions in Authority: 42 U.S.C. 11023 and 11048. H. Executive Order 13211: Actions chemical risks for themselves and their Concerning Regulations That children. This information can also be ■ 2. In § 372.65, paragraph (a) is Significantly Affect Energy Supply, used by government agencies and others amended by adding in the table the Distribution, or Use to identify potential problems, set entry for ‘‘1-Bromopropane’’ in This action is not subject to Executive priorities, and take appropriate steps to alphabetical order and in paragraph (b) Order 13211, because it is not a reduce any potential risks to human by adding in the table the entry for ‘‘106–94–5’’ in numerical order to read significant regulatory action under health and the environment. Therefore, as follows: Executive Order 12866. the informational benefits of the action I. National Technology Transfer and will have a positive impact on the § 372.65 Chemicals and chemical Advancement Act human health and environmental categories to which this part applies. impacts of minority populations, low- * * * * * This rulemaking does not involve income populations, and children. technical standards. (a) * * *

Chemical name CAS No. Effective date

******* 1-Bromopropane ...... 106–94–5 1/1/16

*******

* * * * * (b) ** *

CAS No. Chemical name Effective date

******* 106–94–5 ...... 1-Bromopropane ...... 1/1/16

*******

* * * * * [FR Doc. 2015–29799 Filed 11–20–15; 8:45 am] BILLING CODE 6560–50–P

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DEPARTMENT OF TRANSPORTATION contact information, and similar errors. Organization’s Technical Instructions In this final rule, we are correcting (ICAO TI) for the Safe Transport of Pipeline and Hazardous Materials typographical errors, incorrect Dangerous Goods by Air. The text at the Safety Administration references to the Code of Federal end of paragraph (c), applicable to Regulations (CFR) and international transportation by highway prior to or 49 CFR Parts 171, 172, 173, 175, 176, standards citations, inconsistent use of after transportation by aircraft, states a 177, 178 and 180 terminology, misstatements of certain ‘‘motor vehicle must be placarded in regulatory requirements, and [Docket No. PHMSA–2015–0103 (HM–260)] accordance with subpart F of part 172’’, inadvertent omissions of information, but does not reference that part 172 RIN 2137–AF11 and making revisions to clarify the belongs to Subchapter C. In this final regulations. Of the corrections and rule, we are revising paragraph (c) to Hazardous Materials: Editorial clarifications made in this final rule, a make this clarification. Corrections and Clarifications (RRR) significant number originate from three recent final rules under the following Part 172 AGENCY: Pipeline and Hazardous dockets: PHMSA–2009–0063 (HM–250) Materials Safety Administration [79 FR 40590]; PHMSA–2009–0095 Section 172.101 (PHMSA), DOT. (HM–224F)] [79 FR 46012]; and This section prescribes the purpose ACTION: Final rule. PHMSA–2013–0260 (HM–215M) [80 FR and instructions for use of the § 172.102 1075]. Because these amendments do SUMMARY: This final rule corrects not impose new requirements, notice Hazardous Materials Table (HMT). We editorial errors, makes minor regulatory and public comment are unnecessary. are making a number of editorial changes and, in response to requests for corrections to several entries in the clarification, improves the clarity of II. Section-by-Section Review HMT. The editorial corrections are as certain provisions in the Hazardous The following is a section-by-section follows: Materials Regulations. The intended summary of the minor editorial • In a final rule published under effect of this rule is to enhance the corrections and clarifications made in Docket Number PHMSA–2012–0080 accuracy and reduce misunderstandings this final rule. of the regulations. The amendments (HM–244E) [77 FR 60935], the entry for contained in this rule are non- Part 171 ‘‘Aminophenols (o-; m-; p-), UN2512’’ substantive changes and do not impose Section 171.22 was amended to correct a publication new requirements. error in Column (2). In making the This section prescribes the correction, the text in Columns (3) DATES: This regulation is effective authorization and conditions for use of December 23, 2015. through (10B) was inadvertently international standards and regulations. removed and left blank. This final rule FOR FURTHER INFORMATION CONTACT: The wording at the end of paragraph corrects that error by reinstating the text Aaron Wiener, Standards and (f)(4) applicable to shipping paper in Columns (3) through (10B) for Rulemaking Division, (202) 366–8553, retention, states ‘‘§ 172.201(e) of this UN2512 as it read on prior to the HM– Pipeline and Hazardous Materials Safety part’’, which incorrectly assigns it to 49 Administration, U.S. Department of CFR part 171. As § 172.201(e), is not in 244E rulemaking October 5, 2012. Transportation, 1200 New Jersey part 171, in this final rule, the text is Amendments to Column (1) Symbols Avenue SE., 2nd Floor, Washington, DC revised to read ‘‘§ 172.201(e) of this 20590–0001. subchapter.’’ • For the entry ‘‘Environmentally hazardous substances, solid, n.o.s, SUPPLEMENTARY INFORMATION: Section 171.23 UN3077,’’ the symbol ‘‘G’’ is added to I. Background Section 171.23 prescribes II. Section-by-Section Review Column (1) as it was inadvertently III. Regulatory Analyses and Notices requirements for specific materials and removed when the entry was amended A. Statutory/Legal Authority for the packagings transported under various in a final rule published under Docket Rulemaking international standards. Paragraph Number PHMSA 2011–0158 (HM–233C) B. Executive Orders 12866 and 13563 and (a)(4)(ii) contains a grammatical error [79 FR 15033]. DOT Regulatory Policies and Procedures stating the word ‘‘drive’’ instead of • C. Executive Order 13132 ‘‘device.’’ In this final rule, we are For the entry ‘‘Self-heating solid, D. Executive Order 13175 correcting this grammatical error. organic, n.o.s, UN3088,’’ the symbol E. Regulatory Flexibility Act, Executive Additionally, the text in the middle of ‘‘G’’ is added to Column (1) as it was Order 13272, and DOT Policies and paragraph (a)(5), applicable to cylinders inadvertently removed when the entry Procedures not equipped with pressure relief was amended in a final rule published F. Executive Order 13563 Improving devices, states the cylinders must be under Docket Number PHMSA 2011– Regulation and Regulatory Review G. Paperwork Reduction Act ‘‘tested and marked in accordance with 0158 (HM–233C) [79 FR 15033]. H. Regulatory Identifier Number (RIN) part 178 of this subchapter and otherwise conforms to the requirements Amendments to Column (2) Hazardous I. Unfunded Mandates Reform Act Materials Descriptions and Proper J. Environmental Assessment of part 173 for the gas involved’’, but K. Privacy Act does not reference that part 173 belongs Shipping Names to subchapter C. In this final rule, we I. Background • For the entry ‘‘N-Aminoethyl are revising (a)(5) to make this piperazine, UN2815,’’ the space The Pipeline and Hazardous Materials clarification. Safety Administration (PHMSA) between ‘‘N-Aminoethyl’’ and annually reviews the Hazardous Section 171.24 ‘‘piperazine’’ is removed to read ‘‘N- Materials Regulations (HMR; 49 CFR Section 171.24 provides additional Aminoethylpiperazine’’ as the space parts 171–180) to identify typographical requirements for the use of the was inadvertently introduced in the errors, outdated addresses or other International Civil Aviation HM–215M final rule.

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• For the entry ‘‘Ammonia solutions, Column (5) is removed for consistency Amendments to Column (9) Quantity relative density less than 0.880 at 15 with ‘‘Batteries, containing sodium, Limitations degrees C in water, with more than 35 UN3292,’’ as amended in the HM–215M • For the entry ‘‘Self-heating solid, percent but not more than 50 percent final rule. organic, n.o.s, UN3088, PG III,’’ the ammonia, UN2073,’’ the plural • In a final rule published under Quantity Limitation in Column (9A) is ‘‘solutions’’ is revised to read ‘‘solution’’ Docket Number PHMSA–2013–0041 revised to read ‘‘25 kg’’ as it was consistent with the International (HM–215K, HM–215L, HM–218G and inadvertently changed when the entry Maritime Dangerous Goods (IMDG) was amended in a final rule published Code, the ICAO TI, the United Nations HM–219) [77 FR 65453], PHMSA under Docket Number PHMSA 2011– Recommendations on the Transport of revised the HMT entry ‘‘Petroleum sour 0158 (HM–233C) [79 FR 15033]. Dangerous Goods (UN Model crude oil, flammable, toxic, UN3494,’’ • For the entry ‘‘Self-heating solid, Regulations). that had been erroneously placed • For the entry ‘‘Ammonia solutions, between the Packing Group II and III organic, n.o.s, UN3088, PG III,’’ the relative density between 0.880 and 0.957 petroleum oil entries under NA1270. In Quantity Limitation in Column (9B) is at 15 degrees C in water, with more than making the correction, the Packing revised to read ‘‘100 kg’’ as it was 10 percent but not more than 35 percent Group II and III entries for UN3494 were inadvertently changed when the entry ammonia, UN2672,’’ the plural inadvertently omitted. This final rule was amended in a final rule published under Docket Number PHMSA 2011– ‘‘solutions’’ is revised to read ‘‘solution’’ corrects that error by reinstating the 0158 (HM–233C) [79 FR 15033]. as it was inadvertently changed when Packing Group II and III entries for • For the entry ‘‘Self-reactive solid the entry was amended in a final rule UN3494. published under Docket Number type B, UN3222,’’ the Quantity PHMSA 2011–0158 (HM–233C) [79 FR Amendments to Column (6) Label Codes Limitation in Columns (9A) and (9B) are revised to read ‘‘Forbidden.’’ When this 15033]. • For ‘‘Organometallic substance, • For the entry ‘‘Batteries, dry, entry was revised in a final rule liquid, water-reactive, UN3398,’’ the containing potassium hydroxide solid, published under Docket Number Class 3 subsidiary hazard code is electric storage, UN3028,’’ the phrase PHMSA 2011–0142 (HM–219) [78 FR ‘‘electric storage’’ was inadvertently removed from the Packing Group II and 14702], Columns (9A) and (9B) were changed from italicized to non-italicized III entries. These subsidiary hazard inadvertently revised from ‘‘Forbidden’’ text in the HM–215M final rule. In this codes were inadvertently added when to ‘‘(1)’’ and ‘‘(2)’’ respectively. This final rule, the italicized text is the entries were revised in the HM–215 entry was subsequently revised in a reinstated. final rule. Federal Register correction document • For the entry ‘‘Environmentally (78 FR 17874), but due to a publication Amendments to Column (7) Special error it was not transitioned into the hazardous substances, solid, n.o.s, Provisions UN3077,’’ the plural ‘‘substances’’ is printed or electronic versions of the revised to read ‘‘substance’’ as it was • For the entry ‘‘Combustible liquid, CFR. In this rulemaking, PHMSA is inadvertently changed when the entry n.o.s., NA1993,’’ special provision T4 is reinstating the correct quantity was amended in a final rule published removed. Special Provisions T1 and T4 limitation notation of ‘‘Forbidden’’ in under Docket Number PHMSA 2011– are both currently assigned to this entry; Columns (9A) and (9B) for this entry. 0158 (HM–233C) [79 FR 15033]. however, only one portable tank code Amendments to Column (10) Vessel • For the entry ‘‘Paint, corrosive, should be listed as both cannot be used Stowage Requirements flammable (including paint, lacquer, when building and constructing a • Two entries exist for enamel, stain, shellac solutions, portable tank. Special provision T1 is varnish, polish, liquid filler, and liquid ‘‘Trinitrobenzene, dry or wetted with listed correctly. Special provision T4 less than 30 percent water, by mass, lacquer base), UN3470,’’ the word was inadvertently added when ‘‘solutions’’ was inadvertently added to UN0214.’’ One entry indicates ‘‘4’’ in amending the entry in a final rule the italicized text in the HM–215M final Column (10A) and the other ‘‘04’’. In published under Docket Number RSPA– rule. In this final rule, the word this final rule both entries are removed 2000–7702 (HM–215D) [66 FR 33316]. ‘‘solutions’’ is removed. and the correct entry with ‘‘04’’ in • For the entry ‘‘Printing ink, • For the entries ‘‘Lithium ion Column (10A) is re-added. flammable or Printing ink related batteries including lithium ion polymer • For the PG III entry for ‘‘Oxidizing material (including printing ink thinning batteries, UN3480’’ and ‘‘Lithium metal solid, corrosive, n.o.s, UN3085,’’ the or reducing compound), flammable, batteries including lithium alloy Vessel Stowage in Column (10B) is UN1210,’’ the first instance of the word batteries, UN3090,’’ special provision corrected from ‘‘F56’’ to read ‘‘56’’ as ‘‘flammable’’ was inadvertently changed A54 is added in Column (7). Special the ‘‘F’’ was inadvertently added when from italicized to non-italicized text in provision A54 was inadvertently the entry was revised in the HM–215M the HM–215M final rule. In this final removed when these entries were final rule. rule, the italicized text is reinstated. revised in the HM–215M final rule. Section 172.102 • For the entry ‘‘Trinitrobenzene, wetted with not less than 30 percent Amendments to Column (8B) Non-Bulk Section 172.102 lists special water, by mass, UN1354,’’ the word Packaging Authorizations provisions applicable to the transportation of specific hazardous ‘‘wetted’’ was inadvertently changed • from non-italicized to italicized text in For the entry ‘‘Self-heating solid, materials. Special provisions contain the HM–215M final rule. In this final organic, n.o.s, UN3088, PG III,’’ the packaging requirements, prohibitions, rule, the non-italicized text is reinstated. packaging authorization is revised to and exceptions applicable to particular read ‘‘213’’ as it was inadvertently quantities or forms of hazardous Amendments to Column (5) Packing changed when the entry was amended materials. In a final rule published Group in a final rule published under Docket under Docket Number PHMSA 2011– • For the entry ‘‘Cells, containing Number PHMSA 2011–0158 (HM–233C) 0158 (HM–233C) [79 FR 15033], sodium, UN3292,’’ the Packing Group in [79 FR 15033]. PHMSA incorporated DOT–SP 12825 to

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the entry in the HMT for ‘‘UN2990, Life- paragraph numbering of § 173.421 were Section 173.185 saving appliances, self-inflating,’’ by not amended in the HM–250 Section 173.185 sets forth packaging adding a new special provision 338 in rulemaking. In this final rule, PHMSA is requirements and certain conditional Column 7. The special permit was revising paragraph (b) to reflect the exceptions for the transport of lithium limited only to transport by motor appropriate paragraphs of § 173.421. batteries. The HM–224F final rule vehicle; however, the special provision Section 173.8 revised this section in its entirety. This was added without the modal final rule makes thirteen editorial limitation. Therefore, in this final rule, This section provides exceptions for corrections and clarifications to PHMSA is revising special provision non-specification packagings used in § 173.185 as follows: 338 to clarify applicability to motor intrastate transportation. Paragraph (a) 1. Paragraph (b)(4)(i) is revised to vehicle only. clarify that the outer packaging In the HM–250 final rule, the of § 173.8, authorizes transport of non- requirement only applies to lithium paragraphs contained in § 173.421 were specification bulk packaging by an cells or batteries contained in renumbered. The HM–215M rulemaking intrastate motor carrier until July 1, equipment when an outer packaging is subsequently added special provision 2000. In this final rule, we are removing used. 369, but did not incorporate the and reserving paragraph (a) as this transition date has expired. 2. In paragraph (b)(4)(iii) applicable to paragraph renumbering of § 173.421. In spare lithium cells or batteries packed this final rule, PHMSA is revising Section 173.25 with equipment the word ‘‘ion’’ is special provision 369 to reflect the removed to clarify that this requirement appropriate paragraphs of § 173.421 This section provides requirements applies not only to lithium ion cells and along with some grammatical revisions. for packages utilizing overpacks. In the batteries, but also to lithium metal cells Section 172.202 HM–250 final rule, paragraph (a)(4) was and batteries. This editorial revision revised to require the ‘‘OVERPACK’’ clarifies the intent discussed in the HM– Section 172.202 establishes marking for Class 7 (radioactive) requirements for shipping descriptions 224 final rule preamble on 79 FR 46019 material when a Type A, Type B(U), (third column). on shipping papers. In paragraph (d), Type B(M) or industrial package is the example for a technical name in 3. In paragraph (b)(5), the reference to required. Paragraph (a)(4) was (b)(4) is replaced with (b)(3)(iii) as (b)(4) association with the basic description is subsequently revised in the HM–215M in a sequence that is no longer does not contain UN performance final rule by specifying the minimum packaging requirements. authorized under the HMR. In this final size requirement for the ‘‘OVERPACK’’ rule, the sequence is revised by placing 4. Paragraph (c) is revised to clarify marking. In making the HM–215M that the UN performance packaging the identification number at the revision the requirement added in the beginning of the sequence. requirements in both paragraphs HM–250 final rule was inadvertently (b)(3)(ii) and (b)(3)(iii) do not apply to Section 172.203 omitted. We are revising paragraph any packages containing smaller lithium Section 172.203 prescribes additional (a)(4) to include the requirements added cells and batteries meeting the shipping paper requirements for ‘‘n.o.s.’’ in both the HM–250 and HM–215 final conditions of paragraph (c) including and generic shipping descriptions. The rules. packages that contain lithium metal cells and batteries packed with, or example in paragraph (k)(1) for Section 173.127 ‘‘UN2924’’ is missing the Class 8 contained in equipment. Previous to the subsidiary risk. In this final rule, the Section 173.127 provides a definition revision in this final rule, paragraph (c) subsidiary risk is added to the example. and criteria for the assignment of excepted smaller lithium cells and batteries from the UN performance Section 172.502 packing groups for Division 5.1 oxidizers. In the HM–215M final rule, packaging requirements in paragraphs Section 172.502 specifies prohibited PHMSA authorized an alternative test (b)(3)(ii) and (b)(4) of this section. While and permissive placarding for assigning packing groups to Division the original intent was to except all requirements. In this final rule, 5.1 oxidizing solids. Due to an incorrect smaller lithium cells and batteries from paragraph (b)(3), applicable to use of a regulatory instruction, the paragraph the UN performance packaging, a safety sign or safety slogan (e.g., ‘‘Drive (b)(2) was inadvertently removed. In potential conflict was identified with regard to smaller lithium cells and Safely’’ or ‘‘Drive Carefully’’), is this final rule, PHMSA is reinstating the batteries packed with equipment removed as the transitional provision is paragraph (b)(2) text. expired. because the requirements in Section 173.156 (b)(3)(iii)(A) and (B) indicate that such Section 172.704 batteries must meet the Packing Group Section 172.704 specifies the Section 173.156 prescribes exceptions II performance requirements as requirements for hazardous materials for limited quantity and ORM material. specified in paragraph (b)(3)(ii). Because training. In this final rule, the expired In a final rule published under Docket the requirements of (b)(3)(iii) were not transitional provision in paragraph Number PHMSA–2013–0041 (HM– specifically excepted in paragraph (c), (e)(2), applicable to training for railway 215K, HM–215L, HM–218G and HM– this caused confusion leading some employees, is removed. 219) [78 FR 65454], paragraph (b)(2)(vi) offerors and carriers to inquire if smaller Part 173 was removed which was the last lithium cells and batteries packed with paragraph in the section. As a result, the equipment are subject to the UN Section 173.4 preceding paragraph (b)(2)(v) became performance packaging requirements. This section provides requirements the last paragraph in the section and As a result, in this final rule, we are for shipments of small quantities by presently ends with ‘‘; and’’ instead of revising paragraph (c) to clarify smaller highway and rail. In the HM–250 final a period. In this rule, we are replacing lithium cells and batteries are excepted rule, the paragraphs contained in ‘‘and’’ at the end of paragraph (b)(2)(v) from the entirety of UN performance § 173.421 were renumbered. Multiple with a period and adding ‘‘and’’ to the packaging requirements in paragraphs sections referencing the previous end of paragraph (b)(2)(iv). (b)(3)(ii) and (b)(3)(iii) while also

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removing the reference to (b)(4) because ‘‘cell’’ is marked on a package was revised for consistency with the UN it does not contain UN performance containing lithium ‘‘cells,’’ meaning that Model Regulations. In making the packaging requirements. word ‘‘battery’’ is used to describe revision, the square-on-point marking 5. In paragraph (c)(1)(v) applicable to packages containing both lithium cells graphic ‘‘UN3373’’ was inadvertently markings for lithium metal batteries, and batteries. This differs from removed. In this final rule, the graphic incorrect references to paragraphs (c)(3)(i)(A), which requires an indication is reinstated in paragraph (a)(5). (c)(1)(ii) and (c)(1)(iii) are replaced with that the package contains ‘‘lithium correct references to paragraphs metal’’ or ‘‘lithium ion’’ cells or Section 173.302 (c)(1)(iii) and (c)(1)(iv). batteries, as appropriate. As discussed This section specifies requirements 6. Paragraph (c)(2) is revised to clarify in the HM–224F preamble (79 FR 46022, for the filling of cylinders with non- that for lithium batteries packed with third column) we stated the lithium- liquefied (permanent) compressed gases. equipment, either the package battery handling label that is required In the HM–215M final rule, PHMSA containing the batteries may be for air transport may be used by all adopted the provisions in UN Model individually drop tested, or the modes provided it conveys the Regulations for the transportation of completed package containing both the information required by the HMR. The adsorbed gases in cylinders. PHMSA batteries and equipment may be present air transportation requirements amended the title of this section and subjected to the 1.2 meter drop test. for the lithium battery handling marking paragraph (a) to include and specify This is consistent with intent of the in both the HMR and the ICAO only requirements for the transportation of HM–224F final rule to align the require use of the word ‘‘battery’’ (even adsorbed gases. Due to a regulatory provisions of the HMR with the for packages containing cells). Therefore instruction error, the revisions to provisions prescribed in Packing a ‘‘lithium battery handling marking’’ paragraph (a) were not included in the Instruction(s) 966 and 969 of the 2013– that would be compliant when CFR. In this final rule, PHMSA is 2014 edition of the ICAO TI. transporting lithium cells by air would adding the revisions to paragraph (a) as 7. Paragraph (c)(3) is revised to not satisfy the hazard communication intended in the HM–215M final rule as eliminate redundant requirements for requirement for other modes that published in 80 FR 1161, instruction air transportation by moving marking require an indication the package number 48. requirements from paragraph (c)(4)(i) to contains ‘‘cells’’. As a result, we are paragraph (c)(3). This revision clarifies revising (c)(3)(i)(A) to clarify that the Section 173.309 that all four of the documentation word ‘‘battery’’ may be used to satisfy Section 173.309 prescribes requirements in (c)(3)(ii)(A)–(D) [now the marking requirements of packages (c)(3)(iii)(A)–(D)] are applicable to air requirements for fire extinguishers. In containing ‘‘cells.’’ the HM–215M final rule, provisions for shipments. This revision also clarifies 9. Paragraph (c)(3)(i)(A) applicable to that for air transport both the markings transporting large fire extinguishers marking requirements for excepted unpackaged were added in a new prescribed in (c)(3)(i)(A)–(D) and the air lithium batteries is revised to clarify handling mark are not required. paragraph (e). Paragraph (e)(2) requires that a package must be marked with an that the valves must be protected in Paragraph (c)(3)(i) is revised to clarify indication that it contains ‘‘lithium that the marking requirements accordance with § 173.301(c)(2)(i), (ii), metal’’ and/or ‘‘lithium ion’’ batteries (iii) or (v). The references to § 173.301(c) prescribed in (c)(3)(i)(A)–(D) are and is not limited to one or the other applicable for transport by highway, are incorrect as the applicable type and for consistency with (c)(4)(i)(C) requirements are located in rail, and vessel and may be alternatively [now (c)(3)(ii)(C)], which contains the satisfied by use of the air handling § 173.301b(c). In this final rule, PHMSA text ‘‘and/or.’’ is revising paragraph (e)(2) to correctly mark. In addition, by consolidating the 10. Paragraph (c)(4)(ii) [now (c)(4)(iii)] small battery hazard communication reference § 173.301b(c)(2)(i), (ii), (iii) or is revised by removing the redundant (v). requirements in paragraph (c)(3), it is documentation requirements already clarified that the handling marking is required in paragraph (c)(3). Section 173.314 not required for a package containing 11. Paragraph (c)(4)(v) [now (c)(4)(vi)], button cell batteries installed in is revised to clarify that it does not This section prescribes requirements equipment (including circuit boards), or apply to lithium cells or batteries for transporting compressed gases in no more than four lithium cells or two packed with or contained in equipment. tank cars and multi-unit tank cars. In lithium batteries installed in the When transported by air, for small paragraph (k)(2), the basic description equipment. Although this particular lithium cells or batteries packed with or for chlorine is in a sequence that is no exception is unchanged in paragraph contained in equipment, the quantity longer authorized under the HMR. In (c)(3), there was some confusion on the limitations are prescribed in (c)(4)(iii) this final rule, the sequence is revised part of shippers and carriers as to [now (c)(4)(iv]. by placing the identification number at whether the exception was also 12. In paragraph (e)(3), the reference the beginning of the sequence. intended to apply to air shipments as to (b)(4) is replaced with (b)(3)(iii) as Section 173.334 there was previously no clear exception (b)(4) does not contain UN performance from the requirement in paragraph (c)(4) packaging requirements. Section 173.334 prescribes packaging to apply the air handling mark for 13. Paragraph (f)(3)(iii) is revised by and filling requirements for organic batteries installed in equipment. removing the word ‘‘large’’ from the phosphates mixed with compressed gas. 8. As required by the previous phrase ‘‘single large battery’’ as the term In paragraph (b), the word ‘‘education’’ paragraph (c)(4)(i)(C) [now (c)(3)(ii)(C)], ‘‘large’’ refers to the package, not the is replaced with the word ‘‘eduction,’’ the asterisk on the air handling mark battery. as originally intended. must be replaced with the phrase Section 173.417 ‘‘lithium ion battery’’ and/or ‘‘Lithium Section 173.199 metal battery.’’ Consistent with the This section prescribes the packaging Section 173.417 discusses authorized ICAO TI, there is no requirement in the requirements and exceptions for fissile materials packages. The HM–250 previous paragraph (c)(4)(i)(C) [now Category B infectious substances. In the final rule removed paragraph (b)(3) (c)(3)(ii)(C)], to indicate that the word HM–215M final rule, paragraph (a)(5) leaving the preceding paragraph (b)(2)

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ending with ‘‘; or’’. In this final rule, referencing the previous paragraph Section 176.905 ‘‘;or’’ is replaced with a period (‘‘.’’). numbering of § 173.421 were not Section 176.905 prescribes specific amended in the HM–250 rulemaking. In Section 173.420 requirements for motor vehicles or this final rule, PHMSA is revising mechanical equipment powered by Section 173.420 prescribes the paragraph (a) to reflect the appropriate internal combustion engines that are transport conditions for uranium paragraphs of § 173.421. offered for transportation and hexafluoride. The HM–250 final rule Section 173.436 transported by vessel. In the HM–215M removed and reserved paragraph final rule, PHMSA aligned the (a)(2)(ii) which ended in ‘‘; or’’. In this This section contains exempt material conditions for exception from the rule, the word ‘‘or’’ is added to the end activity concentrations and exempt subchapter in paragraph (i) with those of the preceding paragraph (a)(2)(i). In consignment activity limits for recently adopted by the IMO. Due to an addition, in this rule, paragraph (d)(2) is radionuclides. In the HM–250 final rule, incorrect regulatory instruction, the amended to correct an error made in footnote b, which provides a list of paragraph (i) introductory text was HM–215M by replacing references to parent nuclides and their progeny listed inadvertently removed. In this final §§ 173.421(a)(1) and (a)(4) with in secular equilibrium was amended. rule, PHMSA is reinstating the §§ 173.421(a) and (d). For the entry ‘‘RA–226,’’ Bi–214 was paragraph (i) introductory text. listed twice. In this final rule, PHMSA Section 173.422 is removing the duplicate progeny entry Part 177 Section 173.422 prescribes additional of Bi–214 from footnote b. Section 177.838 requirements for excepted packages containing Class 7 (radioactive) Part 175 Section 177.838 prescribes specific materials. Paragraph (c) requires the Section 175.10 loading and unloading requirements for reporting of decontamination in Class 4 (flammable solid) materials, Section 175.10 specifies the Class 5 (oxidizing) materials, and accordance with §§ 174.750, 175.700(b), conditions for which passengers, crew or 176.710 dependent on the mode of Division 4.2 (pyrophoric liquid) members, or an operator may carry materials when carried by public transportation. In a final rule published hazardous materials aboard a passenger under Docket Number RSPA–02–11654 highway. In this final rule, PHMSA is aircraft. In the HM–224F final rule, revising the section heading by (HM–228) [71 FR 14586], the reporting Watt-hours were adopted in place of requirements in § 175.700(b) were replacing the word ‘‘pyroforic’’ with the ‘‘equivalent lithium content,’’ as the correct spelling ‘‘pyrophoric.’’ In moved to § 175.705. In this final rule, measure of power (or size) of a lithium PHMSA is revising paragraph (c) by addition, paragraph (g) of § 177.838 is ion cell or battery (see 79 FR 46012 and revised to clarify that the limitation that replacing the reference to § 175.700(b) 46015). In paragraph (a)(17)(v), with § 175.705. a motor vehicle may only contain 45.4 applicable to wheelchairs or other kg (100 pounds) or less net mass of Section 173.423 mobility aids powered by lithium ion material described as ‘‘Smokeless Section 173.423 prescribes batteries the phrase ‘‘equivalent lithium powder for small arms, Division 4.1’’ requirements for multiple hazard content’’ was inadvertently retained. We also includes ‘‘Black powder for small limited quantity Class 7 materials. In the are revising § 175.10(a)(17)(v)(D) and (E) arms, Division 4.1’’. This clarification HM–250 final rule, the paragraphs by replacing references to equivalent will provide consistency with the contained in § 173.421 were lithium content with Watt-hours. The requirements and limitations of renumbered. Multiple sections revision states that the battery must not §§ 173.170 and 173.171 which referencing the previous paragraph exceed 300 Watt-hours and that a respectively authorize Black powder for numbering of § 173.421 were not maximum of one spare battery not small arms that has been classed in amended in the HM–250 rulemaking. In exceeding 300 Watt-hours or two spares Division 1.1 and Smokeless powder for this final rule, PHMSA is revising not exceeding 160 Watt-hours each may small arms that has been classed as paragraph (a)(2) to reflect the be carried. Division 1.3 or Division 1.4 to be appropriate paragraphs of § 173.421. Part 176 reclassed as a Division 4.1 material for domestic transportation by highway, Section 173.426 Section 176.104 provided certain conditions are met. Section 173.426 prescribes Section 176.104 prescribes Sections 173.170 and 173.171 further requirements for excepted packages for requirements for loading and unloading provide, respectively, that the total articles containing natural uranium or Class 1 materials. Paragraph (c)(3) quantity of the re-classed black powder thorium. In the HM–250 final rule, the contains a grammatical error stating the or smokeless powder in one motor paragraphs contained in § 173.421 were word ‘‘hoods’’ instead of ‘‘hooks.’’ In vehicle may not exceed 45.4 kg (100 renumbered. Multiple sections this final rule, we are correcting this pounds) net mass. referencing the previous paragraph grammatical error. Part 178 numbering of § 173.421 were not Section 176.116 amended in the HM–250 rulemaking. In Section 178.71 this final rule, PHMSA is revising Section 176.116 prescribes the general Section 178.71 prescribes paragraph (c) to reflect the appropriate stowage conditions for Class 1 explosive specifications for UN pressure paragraphs of § 173.421. materials. Paragraph (e)(3) contains a receptacles. We are revising paragraph reference to the Class A60 standard that (p)(15) to correct a typographical error Section 173.428 is defined in 46 CFR 72.05–10(a)(1). by replacing the ‘‘1’’ in ‘‘1SO 11114–1’’ This section provides transport However, 46 CFR 72.05–10(a)(1) does with an ‘‘I’’ to read ‘‘ISO 11114–1’’ . requirements for empty Class 7 not exist and, therefore, does not (radioactive) materials packaging. In the provide the definition for the Class A60 Section 178.801 HM–250 final rule, the paragraphs standard. In this final rule, the citation Section 178.801 sets forth contained in § 173.421 were is corrected to read 46 CFR 72.05– recordkeeping requirements for IBC renumbered. Multiple sections 10(c)(1). packaging manufacturers, design type

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testers, and periodic retesters. In C. Executive Order 13132 or technological information used to paragraph (l)(2), subparagraph (vii) was This final rule has been analyzed in support regulatory action; consider how inadvertently skipped when the accordance with the principles and to best promote retrospective analysis to paragraph was revised in a final rule criteria in Executive Order 13132 modify, streamline, expand, or repeal published under Docket Number (‘‘Federalism’’). This final rule does not existing rules that are outmoded, PHMSA–2013–0041 (HM–215K, HM– adopt any regulation that: (1) Has ineffective, insufficient, or excessively 215L, HM–218G and HM–219) [77 FR substantial direct effects on the states, burdensome. 65453]. We are revising paragraph (l)(2) the relationship between the national A complete review of the existing to correct the subparagraph numbering government and the states, or the HMR led to the identification of various sequence. distribution of power and minor errors in the HMR. The correction of these errors will Part 180 responsibilities among the various levels of government; or (2) imposes clarify current text while maintaining Section 180.213 substantial direct compliance costs on the intent of the regulations affected. state and local governments. PHMSA is This final rule is designed to address This section prescribes requirements not aware of any state, local, or Indian those errors by making non-substantive for requalification markings for tribe requirements that would be changes to the HMR such as editorial cylinders. We are revising paragraph preempted by correcting editorial errors changes, spelling corrections, removal (f)(1) to correct the reference to and making minor regulatory changes. of transitional requirements that are no § 173.309(b) to read ‘‘§ 173.309(a).’’ This final rule does not have sufficient longer applicable and formatting modifications. This final rule corrects III. Regulatory Analyses and Notices federalism impacts to warrant the preparation of a federalism assessment. these errors but does not require the A. Statutory/Legal Authority for This application of Executive Order 13563. D. Executive Order 13175 Rulemaking The final rule does however clarify the This final rule has been analyzed in regulatory text thus improving the This final rule is published under accordance with the principles and regulations. authority of 49 U.S.C. 5103(b), which criteria contained in Executive Order G. Paperwork Reduction Act authorizes the Secretary of 13175 (‘‘Consultation and Coordination Transportation to prescribe regulations with Indian Tribal Governments’’). This final rule imposes no new for the safe transportation, including Because this final rule does not have information collection requirements. security, of hazardous material in tribal implications, does not impose H. Regulation Identifier Number (RIN) intrastate, interstate, and foreign substantial direct compliance costs on commerce. The purpose of this final Indian tribal governments, and does not A regulation identifier number (RIN) rule is to remove inadvertent errors in preempt tribal law, the funding and is assigned to each regulatory action the hazardous materials table, consultation requirements of Executive listed in the Unified Agenda of Federal grammatical and typographical errors, Order 13175 do not apply, and a tribal Regulations. The Regulatory Information and, in response to requests for summary impact statement is not Service Center publishes the Unified clarification, improve the clarity of required. Agenda in April and October of each year. The RIN number contained in the certain provisions in the Hazardous E. Regulatory Flexibility Act, Executive Materials Regulations. The changes heading of this document can be used Order 13272, and DOT Procedures and to cross-reference this action with the made in this final rule are considered Policies non-substantive and this is published as Unified Agenda. This final rule will not have a a direct final rule. I. Unfunded Mandates Reform Act significant economic impact on a B. Executive Orders 12866 and 13563 substantial number of small entities. This rule does not impose unfunded and DOT Regulatory Policies and This rule makes minor editorial changes mandates under the Unfunded Procedures that will not impose any new Mandates Reform Act of 1995. It does requirements on persons subject to the not result in costs of $141.3 million or This final rule is not considered a HMR; thus, there are no direct or more to either state, local, or tribal significant regulatory action under indirect adverse economic impacts for governments, in the aggregate, or to the section 3(f) of Executive Order 12866 small units of government, businesses, private sector, and is the least and, therefore, was not reviewed by the or other organizations. burdensome alternative that achieves Office of Management and Budget. This the objectives of the rule. rule is not significant under the F. Executive Order 13563 Improving Regulatory Policies and Procedures of Regulation and Regulatory Review J. Environmental Assessment the Department of Transportation (44 FR Executive Order 13563 supplements The National Environmental Policy 11034). Additionally, E.O. 13563 and reaffirms the principles, structures, Act of 1969 (NEPA), as amended (42 supplements and reaffirms E.O. 12866, and definitions governing regulatory U.S.C. 4321–4347), and implementing stressing that, to the extent permitted by review that were established in regulations by the Council on law, an agency rulemaking action must Executive Order 12866 Regulatory Environmental Quality (40 CFR part be based on benefits that justify its Planning and Review of September 30, 1500) require Federal agencies to costs, impose the least burden, consider 1993. In addition, Executive Order consider the consequences of Federal cumulative burdens, maximize benefits, 13563 specifically requires agencies to: actions and prepare a detailed statement use performance objectives, and assess (1) Involve the public in the regulatory on actions that significantly affect the available alternatives. This final rule process; (2) promote simplification and quality of the human environment. does not impose new or revised harmonization through interagency The purpose of this rulemaking is to requirements for hazardous materials coordination; (3) identify and consider correct editorial errors, make minor shippers or carriers; therefore, it is not regulatory approaches that reduce regulatory changes and, in response to necessary to prepare a regulatory impact burden and maintain flexibility; and (4) requests for clarification, improve the analysis. ensure the objectivity of any scientific clarity of certain provisions in the HMR.

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The intended effect of this rule is to 49 CFR Part 177 (4) * * * enhance the accuracy and reduce Hazardous materials transportation, (ii) In addition to other requirements misunderstandings of the regulations. Loading and unloading, Segregation and of this subchapter, the maximum filling The amendments contained in this rule separation. density, service pressure, and pressure are non-substantive changes and do not relief device for each cylinder conform impose new requirements. Therefore, 49 CFR Part 178 to the requirements of this part for the PHMSA has determined that the Hazardous materials transportation, gas involved; and implementation of this final rule will Incorporation by reference, Motor * * * * * not have any significant impact on the vehicle safety, Packaging and (5) Cylinders not equipped with quality of the human environment. containers, Reporting and recordkeeping pressure relief devices: A DOT K. Privacy Act requirements. specification or a UN cylinder 49 CFR Part 180 manufactured, inspected, tested and Anyone is able to search the marked in accordance with part 178 of electronic form of all comments Hazardous materials transportation, this subchapter and otherwise conforms received into any of our dockets by the Incorporation by reference, Motor to the requirements of part 173 of this name of the individual submitting the carriers, Motor vehicle safety, Packaging subchapter for the gas involved, except comment (or signing the comment, if and containers, Railroad safety, that the cylinder is not equipped with submitted on behalf of an association, Reporting and recordkeeping a pressure relief device may be filled business, labor union, etc.). You may requirements. with a gas and offered for transportation review DOT’s complete Privacy Act In consideration of the foregoing, and transported for export if the Statement in the Federal Register PHMSA is amending 49 CFR Chapter I following conditions are met: published on April 11, 2000 (65 FR as follows: 19477), which may be viewed at * * * * * http://www.dot.gov/privacy. PART 171—GENERAL INFORMATION, ■ 4. In § 171.24, revise paragraph (c) to REGULATIONS, AND DEFINITIONS read as follows: List of Subjects § 171.24 Additional requirements for the 49 CFR Part 171 ■ 1. The authority citation for part 171 continues to read as follows: use of the ICAO Technical Instructions. Exports, Hazardous materials * * * * * transportation, Hazardous waste, Authority: 49 U.S.C. 5101–5128, 44701; Pub. L. 101–410 section 4 (28 U.S.C. 2461 (c) Highway transportation. For Imports, Incorporation by reference, note); Pub. L. 104–134, section 31001; 49 transportation by highway prior to or Reporting and recordkeeping CFR 1.81 and 1.97. after transportation by aircraft, a requirements. ■ 2. In § 171.22, revise paragraph (f)(4) shipment must conform to the 49 CFR Part 172 to read as follows: applicable requirements of part 177 of this subchapter, and the motor vehicle Education, Hazardous materials § 171.22 Authorization and conditions for must be placarded in accordance with transportation, Hazardous waste, the use of international standards and subpart F of part 172 of this subchapter. Incorporation by reference, Labeling, regulations. * * * * * Markings, Packaging and containers, * * * * * Reporting and recordkeeping (f) * * * PART 172—HAZARDOUS MATERIALS requirements. (4) Each person who provides for TABLE, SPECIAL PROVISIONS, 49 CFR Part 173 transportation or receives for HAZARDOUS MATERIALS transportation (see §§ 174.24, 175.30, COMMUNICATIONS, EMERGENCY Hazardous materials transportation, 176.24 and 177.817 of this subchapter) RESPONSE INFORMATION, AND Incorporation by reference, Packaging a shipping paper must retain a copy of TRAINING REQUIREMENTS and containers, Radioactive materials, the shipping paper or an electronic Reporting and recordkeeping image thereof that is accessible at or ■ 5. The authority citation for part 172 requirements, Uranium. through its principal place of business continues to read as follows: 49 CFR Part 175 in accordance with § 172.201(e) of this subchapter. Authority: 49 U.S.C. 5101–5128, 44701; 49 Air carriers, Hazardous materials CFR 1.81, 1.96 and 1.97. * * * * * transportation, Incorporation by ■ ■ 3. In § 171.23, revise paragraphs 6. In § 172.101, the Hazardous reference, Radioactive materials, Materials Table is amended by removing Reporting and recordkeeping (a)(4)(ii) and (a)(5) introductory text to read as follows: the entries under ‘‘[REMOVE]’’, adding requirements. entries under ‘‘[ADD]’’, and revising 49 CFR Part 176 § 171.23 Requirements for specific entries under [REVISE]’’ in the materials and packagings transported appropriate alphabetical sequence to Hazardous materials transportation, under the ICAO Technical Instructions, read as follows: Incorporation by reference, Maritime IMDG Code, Transport Canada TDG carriers, Radioactive materials, Regulations, or the IAEA Regulations. § 172.101 Purpose and use of hazardous Reporting and recordkeeping * * * * * materials table. requirements. (a) * * * * * * * *

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(8) (9) (10) Packaging (§ 173.* * *) Quantity limitations Vessel stowage Sym- Hazardous materials Hazard Identification Label Special (see §§ 173.27 and bols descriptions and proper class or No. PG codes provisions 175.75) shipping names division (§ 172.102) Excep- tions Non-bulk Bulk Passenger Cargo air- Location Other aircraft/rail craft only

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

[REMOVE] ......

******* N-Aminoethyl piperazine ...... 8 UN2815 III 8 IB3, T4, TP1 154 203 241 5 L 60 L A 12, 25

******* Ammonia solutions, relative 2.2 UN2073 2.2 N87 306 304 314, 315 Forbidden 150 kg E 40, 52, density less than 0.880 at 57 15 degrees C in water, with more than 35 percent but not more than 50 per- cent ammonia. Ammonia solutions, relative 8 UN2672 III 8 336, IB3, IP8, 154 203 241 5L 60L A 40, 52, density between 0.880 and T7, TP1 85 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia.

******* Batteries, dry, containing po- 8 UN3028 8 237 None 213 None 25 kg 230 kg A 52 tassium hydroxide solid, electric storage.

******* Environmentally hazardous 9 UN3077 III 9 8,146, 335, 155 213 240 No Limit No Limit A ...... substances, solid, n.o.s. A112, B54, B120, IB8, IP3, N20, N91, T1, TP33

******* Paint, corrosive, flammable 8 UN3470 II 8, 3 367, IB2, T7, 154 202 243 1 L 30 L B 40 (including paint, lacquer, TP2, TP8, enamel, stain, shellac solu- TP28 tions, varnish, polish, liquid filler, and liquid lacquer base).

******* Printing ink, flammable or 3 UN1210 I 3 367, T11, 150 173 243 1 L 30 L E ...... Printing ink related material TP1, TP8 (including printing ink thinning or reducing com- pound), flammable. II 3 149, 367, IB2, 150 173 242 5 L 60 L B ...... T4, TP1, TP8 III 3 367, B1, IB3, 150 173 242 60 L 220 L A ...... T2, TP1

******* Trinitrobenzene, dry or 1.1D UN0214 II 1.1D None 62 None Forbidden Forbidden 4 25 wetted with less than 30 percent water, by mass. Trinitrobenzene, dry or 1.1D UN0214 II 1.1D None 62 None Forbidden Forbidden 04 25 wetted with less than 30 percent water, by mass. Trinitrobenzene, wetted with 4.1 UN1354 I 4.1 23, A2, A8, None 211 None 0.5 kg 0.5 kg E 28, 36 not less than 30 percent A19, N41 water, by mass.

*******

******* [ADD] ......

******* N-Aminoethylpiperazine ...... 8 UN2815 III 8 IB3, T4, TP1 154 203 241 5 L 60 L A 12, 25

******* Ammonia solution, relative 2.2 UN2073 2.2 N87 306 304 314, 315 Forbidden 150 kg E 40, 52, density less than 0.880 at 57 15 degrees C in water, with more than 35 percent but not more than 50 per- cent ammonia. Ammonia solution, relative 8 UN2672 III 8 336, IB3, IP8, 154 203 241 5L 60L A 40, 52, density between 0.880 and T7, TP1 85 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia.

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(8) (9) (10) Packaging (§ 173.* * *) Quantity limitations Vessel stowage Sym- Hazardous materials Hazard Identification Label Special (see §§ 173.27 and bols descriptions and proper class or No. PG codes provisions 175.75) shipping names division (§ 172.102) Excep- tions Non-bulk Bulk Passenger Cargo air- Location Other aircraft/rail craft only

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

******* Batteries, dry, containing po- 8 UN3028 8 237 None 213 None 25 kg 230 kg A 52 tassium hydroxide solid, electric storage.

******* G ...... Environmentally hazardous 9 UN3077 III 9 8, 146, 335, 155 213 240 No Limit No Limit A ...... substance, solid, n.o.s. 384 A112, B54, B120, IB8, IP3, N20, N91, T1, TP33

******* Paint, corrosive, flammable 8 UN3470 II 8, 3 367, IB2, T7, 154 202 243 1 L 30 L B 40 (including paint, lacquer, TP2, TP8, enamel, stain, shellac, var- TP28 nish, polish, liquid filler, and liquid lacquer base).

******* Printing ink, flammable or 3 UN1210 I 3 367, T11, 150 173 243 1 L 30 L E ...... Printing ink related material TP1, TP8 (including printing ink thinning or reducing com- pound), flammable. II 3 149, 367, IB2, 150 173 242 5 L 60 L B ...... T4, TP1, TP8 III 3 367, B1, IB3, 150 173 242 60 L 220 L A ...... T2, TP1

******* Trinitrobenzene, dry or 1.1D UN0214 II 1.1D None 62 None Forbidden Forbidden 04 25 wetted with less than 30 percent water, by mass. Trinitrobenzene, wetted with 4.1 UN1354 I 4.1 23, A2, A8, None 211 None 0.5 kg 0.5 kg E 28, 36 not less than 30 percent A19, N41 water, by mass.

******* [REVISE] ......

******* + ...... Aminophenols (o-; m-; p-) ..... 6.1 UN2512 III 6.1 IB8, IP3, T1, 153 213 240 100 kg 200 kg A ...... TP33

******* Cells, containing sodium ...... 4.3 UN3292 ...... 4.3 189 189 189 25 kg No limit A ......

******* D G .... Combustible liquid, n.o.s...... Comb liq NA1993 III None IB3, T1, TP1 150 203 241 60 L 220 L A ......

******* Lithium ion batteries including 9 UN3480 ...... 9 A51, A54 185 185 185 5 kg 35 kg A ...... lithium ion polymer bat- teries.

******* Lithium metal batteries in- 9 UN3090 ...... 9 A54 185 185 185 Forbidden 35 kg A ...... cluding lithium alloy bat- teries.

******* G ...... Organometallic substance, 4.3 UN3398 I 4.3 T13, TP2, None 201 244 Forbidden 1 L D 13, 40, liquid, water-reactive. TP7, TP36, 52, 148 TP47 II 4.3 IB1, IP2, T7, None 202 243 1 L 5 L D 13, 40, TP2, TP7, 52, 148 TP36, TP47 III 4.3 IB2, IP4, T7, None 203 242 5 L 60 L E 13, 40, TP2, TP7, 52, 148 TP36, TP47

******* G ...... Oxidizing solid, corrosive, 5.1 UN3085 I 5.1, 8 62 None 211 242 1 kg 15 kg D 13, 56, n.o.s. 58, 138 II 5.1, 8 62, IB6, IP2, 152 212 242 5 kg 25 kg B 13, 34, T3, TP33 56, 58, 138 III 5.1, 8 62, IB8, IP3, 152 213 240 25 kg 100 kg B 13, 34, T1, TP33 56, 58, 138

******* I ...... Petroleum sour crude oil, 3 UN3494 I 3, 6.1 343, T14, None 201 243 Forbidden 30 L D 40 flammable, toxic. TP2, TP13

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(8) (9) (10) Packaging (§ 173.* * *) Quantity limitations Vessel stowage Sym- Hazardous materials Hazard Identification Label Special (see §§ 173.27 and bols descriptions and proper class or No. PG codes provisions 175.75) shipping names division (§ 172.102) Excep- tions Non-bulk Bulk Passenger Cargo air- Location Other aircraft/rail craft only

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

II 3, 6.1 343, IB2, T7, 150 202 243 1 L 60 L D 40 TP2 III 3, 6.1 343, IB3, T4, 150 203 242 60 L 220 L C 40 TP1

******* G ...... Self-heating solid, organic, 4.2 UN3088 II 4.2 IB6, IP2, T3, None 212 241 15 kg 50 kg C ...... n.o.s. TP33 III 4.2 IB8, IP3, T1, None 213 241 25 kg 100 kg C ...... TP33, B116

******* G ...... Self-reactive solid type B ...... 4.1 UN3222 II 4.1 53 151 224 None Forbidden Forbidden D 25, 52, 53, 127

*******

* * * * * 369 In accordance with § 173.2a, such as ‘‘contains’’ or ‘‘containing,’’ ■ 7. In § 172.102, in paragraph (c)(1), this radioactive material in an excepted and/or the percentage of the technical revise special provisions 338 and 369 to package possessing corrosive properties constituent may also be used. For read as follows: is classified in Class 8 with a radioactive example: ‘‘UN 1993, Flammable liquids, material subsidiary risk. Uranium n.o.s. (contains Xylene and Benzene), 3, § 172.102 Special Provisions. hexafluoride may be classified under II’’. * * * * * this entry only if the conditions of * * * * * (c)*** §§ 173.420(a)(4) and (a)(6), 173.420(d), (1) * * * 173.421(b) and (d), and, for fissile- ■ 9. In § 172.203, revise paragraph (k)(1) 338 Life Saving appliances, self- excepted material, the conditions of to read as follows: inflating transported by motor vehicle 173.453 are met. In addition to the provisions applicable to the transport of § 172.203 Additional description only between an U.S. Coast Guard requirements. approved inflatable life raft servicing Class 8 substances, the provisions of facility and a vessel are only subject to §§ 173.421(c), and 173.443(a) apply. In * * * * * the following requirements: addition, packages shall be legibly and (k)*** a. Prior to repacking into the life- durably marked with an identification (1) If a hazardous material is a of the consignor, the consignee, or both. saving appliance, an installed inflation mixture or solution of two or more No Class 7 label is required to be cylinder must successfully meet and hazardous materials, the technical displayed. The consignor shall be in pass all inspection and test criteria and names of at least two components most possession of a copy of each applicable standards of the raft manufacturer and predominately contributing to the the vessel Flag State requirements for certificate when packages include fissile material excepted by competent hazards of the mixture or solution must cylinders installed as part of life-saving be entered on the shipping paper as appliances, self-inflating (UN2990) used authority approval. When a required by paragraph (k) of this section. on marine vessels. Additionally, each consignment is undeliverable, the For example, ‘‘UN 2924, Flammable cylinder must be visually inspected in consignment shall be placed in a safe liquid, corrosive, n.o.s., 3 (8), II accordance with CGA pamphlet, CGA location and the appropriate competent C–6 (incorporated by reference, see authority shall be informed as soon as (contains Methanol, Potassium § 171.7). A current copy of CGA possible and a request made for hydroxide)’’. pamphlet, CGA C–6 must be available at instructions on further action. If it is * * * * * the facility servicing the life-saving evident that a package of radioactive appliance. material, or conveyance carrying § 172.502 [Amended] b. An installed inflation cylinder that unpackaged radioactive material, is ■ 10. In § 172.502, remove paragraph requires recharging must be filled in leaking, or if it is suspected that the (b)(3). accordance with § 173.301(l). package, or conveyance carrying unpackaged material, may have leaked, ■ 11. In § 172.704, revise paragraph c. Every installed inflation cylinder, (e)(2) to read as follows: as associated equipment of the life- the requirements of § 173.443(e) apply. saving appliance, must be packed * * * * * § 172.704 Training requirements. ■ 8. In § 172.202, revise paragraph (d) to within the protective packaging of the * * * * * life raft and the life raft itself must read as follows: (e) * * * otherwise be in compliance with § 172.202 Description of hazardous § 173.219. material on shipping papers. (2) A railroad maintenance-of-way d. The serial number for each cylinder * * * * * employee or railroad signalman, who must be recorded as part of the life- (d) Technical and chemical group does not perform any function subject to saving appliance service record by the names may be entered in parentheses the requirements of this subchapter, is U.S. Coast Guard-approved servicing between the proper shipping name and not subject to the training requirements facility. hazard class or following the basic of paragraphs (a)(2), (a)(4), or (a)(5) of * * * * * description. An appropriate modifier, this section.

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PART 173—SHIPPERS—GENERAL (B) Any material which exhibits a (2) Each person who manufactures REQUIREMENTS FOR SHIPMENTS mean pressure rise time less than the lithium cells or batteries must create a AND PACKAGINGS pressure rise time of a 1:1 perchloric record of satisfactory completion of the acid (50 percent)/cellulose mixture. testing required by this paragraph prior ■ 12. The authority citation for part 173 (ii) Packing Group II, any material to offering the lithium cell or battery for continues to read as follows: which exhibits a mean pressure rise transport and must: Authority: 49 U.S.C. 5101–5128, 44701; 49 time less than or equal to the pressure (i) Maintain this record for as long as CFR 1.81, 1.96 and 1.97. rise time of a 1:1 aqueous sodium that design is offered for transportation ■ chlorate solution (40 percent)/cellulose and for one year thereafter; and 13. In § 173.4, revise paragraph (b) to mixture and the criteria for Packing (ii) Make this record available to an read as follows: Group I are not met. authorized representative of the Federal, § 173.4 Small quantities for highway and (iii) Packing Group III, any material state or local government upon request. rail. which exhibits a mean pressure rise (3) Except for cells or batteries * * * * * time less than or equal to the pressure meeting the requirements of paragraph (b) A package containing a Class 7 rise time of a 1:1 nitric acid (65 (c) of this section, each lithium cell or (radioactive) material also must conform percent)/cellulose mixture and the battery must: (i) Incorporate a safety venting device to the requirements of § 173.421(a) criteria for Packing Group I and II are or be designed to preclude a violent through (e), § 173.424(a) through (g), or not met. ■ rupture under conditions normally § 173.426(a) through (c) as applicable. 17. In § 173.156, revise paragraphs (b)(2)(iv) and (v) to read as follows: incident to transport; * * * * * (ii) Be equipped with effective means § 173.156 Exceptions for limited quantity of preventing external short circuits; § 173.8 [Amended] and ORM. ■ and 14. In § 173.8, remove and reserve * * * * * (iii) Be equipped with an effective paragraph (a). (b) * * * means of preventing dangerous reverse ■ 15. In § 173.25, revise paragraph (a)(4) (2) * * * current flow (e.g., diodes or fuses) if a to read as follows: (iv) The package conforms to the battery contains cells, or a series of cells general packaging requirements of that are connected in parallel. § 173.25 Authorized packagings and subpart B of this part; and overpacks. (b) Packaging. (1) Each package (v) The maximum net quantity of offered for transportation containing (a) * * * hazardous material permitted on one (4) The overpack is marked with the lithium cells or batteries, including palletized unit is 250 kg (550 pounds). lithium cells or batteries packed with, or word ‘‘OVERPACK’’ when specification ■ 18. Revise § 173.185 to read as contained in, equipment, must meet all packagings are required, or for Class 7 follows: (radioactive) material when a Type A, applicable requirements of subpart B of Type B(U), Type B(M) or industrial § 173.185 Lithium cells and batteries. this part. (2) Lithium cells or batteries, package is required. The ‘‘OVERPACK’’ As used in this section, lithium cell(s) including lithium cells or batteries marking is not required when the or battery(ies) includes both lithium packed with, or contained in, required markings representative of metal and lithium ion chemistries. equipment, must be packaged in a each package type contained in the Equipment means the device or apparatus for which the lithium cells or manner to prevent: overpack are visible from outside of the (i) Short circuits; overpack. The lettering on the batteries will provide electrical power (ii) Movement within the outer ‘‘OVERPACK’’ marking must be at least for its operation. package; and 12 mm (0.5 inches) high. (a) Classification. (1) Each lithium cell (iii) Accidental activation of the (i) Transitional exception. A marking or battery must be of the type proven to equipment. in conformance with the requirements meet the criteria in part III, sub-section (3) For packages containing lithium of this paragraph in effect on December 38.3 of the UN Manual of Tests and cells or batteries offered for 31, 2014, may continue to be used until Criteria (IBR; see § 171.7 of this transportation: December 31, 2016. subchapter). Lithium cells and batteries (i) The lithium cells or batteries must (ii) For domestic transportation, an are subject to these tests regardless of be placed in non-metallic inner overpack marked prior to January 1, whether the cells used to construct the packagings that completely enclose the 2017 and in conformance with the battery are of a tested type. cells or batteries, and separate the cells requirements of this paragraph in effect (i) Cells and batteries manufactured or batteries from contact with on December 31, 2014, may continue in according to a type meeting the equipment, other devices, or conductive service until the end of its useful life. requirements of sub-section 38.3 of the materials (e.g., metal) in the packaging. * * * * * UN Manual of Tests and Criteria, (ii) The inner packagings containing ■ 16. In § 173.127, paragraph (b)(2) is Revision 3, Amendment 1 or any lithium cells or batteries must be placed added to read as follows: subsequent revision and amendment in one of the following packagings applicable at the date of the type testing meeting the requirements of part 178, § 173.127 Class 5, Division 5.1—Definition may continue to be transported, unless subparts L and M, of this subchapter at and assignment of packing groups. otherwise provided in this subchapter. the Packing Group II level: * * * * * (ii) Cell and battery types only (A) Metal (4A, 4B, 4N), wooden (4C1, (b) * * * meeting the requirements of the UN 4C2, 4D, 4F), fiberboard (4G), or solid (2) The packing group of a Division Manual of Tests and Criteria, Revision plastic (4H1, 4H2) box; 5.1 material which is a liquid shall be 3, are no longer valid. However, cells (B) Metal (1A2, 1B2, 1N2), plywood assigned using the following criteria: and batteries manufactured in (1D), fiber (1G), or plastic (1H2) drum; (i) Packing Group I for: conformity with such types before July (C) Metal (3A2, 3B2) or plastic (3H2) (A) Any material which 2003 may continue to be transported if jerrican. spontaneously ignites when mixed with all other applicable requirements are (iii) When packed with equipment, cellulose in a 1:1 ratio; or fulfilled. lithium cells or batteries must:

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(A) Be placed in inner packagings that provisions in paragraphs (b)(1) and (2) (A) At least 6 mm (0.25 inch) in completely enclose the cell or battery, of this section and the requirements of height on packages having a gross then placed in an outer packaging. The part 178, subparts P and Q, of this weight of 30 kg (66 pounds) or less, completed package for the cells or subchapter at the Packing Group II level: except that smaller font may be used as batteries must meet the Packing Group (i) Metal (50A, 50B, 50N); necessary when package dimensions so II performance requirements as (ii) Rigid plastic (50H); require. specified in paragraph (b)(3)(ii) of this (iii) Wooden (50C, 50D, 50F); (B) At least 12 mm (0.5 inch) in height section; or (iv) Rigid fiberboard (50G). on packages having a gross weight of (c) Exceptions for smaller cells or (B) Be placed in inner packagings that more than 30 kg (66 pounds). batteries. Other than as specifically completely enclose the cell or battery, (vi) Except when lithium cells or then placed with equipment in a stated below, a package containing lithium cells or batteries, or lithium batteries are packed with, or contained package that meets the Packing Group II in, equipment, each package must not performance requirements as specified cells or batteries packed with, or exceed 30 kg (66 pounds) gross weight. in paragraph (b)(3)(ii) of this section. contained in, equipment, that meets the (4) When lithium cells or batteries are conditions of this paragraph is excepted (2) Packaging. Except when lithium contained in equipment: from the requirements in subparts C cells or batteries are contained in (i) The outer packaging, when used, through H of part 172 of this subchapter equipment, each package, or the must be constructed of suitable material and the UN performance packaging completed package when packed with of adequate strength and design in requirements in paragraphs (b)(3)(ii) and equipment, must be capable of relation to the capacity and intended (iii) of this section under the following withstanding a 1.2 meter drop test, in use of the packaging, unless the lithium conditions and limitations. any orientation, without damage to the cells or batteries are afforded equivalent (1) Size limits. (i) The Watt-hour (Wh) cells or batteries contained in the protection by the equipment in which rating may not exceed 20 Wh for a package, without shifting of the contents they are contained; lithium ion cell or 100 Wh for a lithium that would allow battery-to-battery (or (ii) Equipment must be secured ion battery. After December 31, 2015, cell-to-cell) contact, and without release against movement within the outer each lithium ion battery subject to this of the contents of the package. packaging and be packed so as to provision must be marked with the (3) Hazard communication. Except for prevent accidental operation during Watt-hour rating on the outside case. a package containing button cell transport; and (ii) The lithium content may not batteries installed in equipment (iii) Any spare lithium cells or exceed 1 g for a lithium metal cell or 2 (including circuit boards), or no more batteries packed with the equipment g for a lithium metal battery. than four lithium cells or two lithium must be packaged in accordance with (iii) Except when lithium metal cells batteries installed in the equipment: paragraph (b)(3) of this section. or batteries are packed with or (i) For transportation by highway, rail (5) Lithium batteries that weigh 12 kg contained in equipment in quantities and vessel, the outer package must be (26.5 pounds) or more and have a not exceeding 5 kg net weight, the outer marked with the information in the strong, impact-resistant outer casing and package that contains lithium metal following paragraphs (c)(3)(i)(A) to (D), assemblies of such batteries, may be cells or batteries must be marked: or the handling marking in paragraph packed in strong outer packagings; in ‘‘PRIMARY LITHIUM BATTERIES— (c)(3)(ii) of this section: protective enclosures (for example, in FORBIDDEN FOR TRANSPORT (A) An indication that the package fully enclosed or wooden slatted crates); ABOARD PASSENGER AIRCRAFT’’ or contains ‘‘Lithium metal’’ and/or or on pallets or other handling devices, ‘‘LITHIUM METAL BATTERIES— ‘‘Lithium ion’’ cells or batteries, as instead of packages meeting the UN FORBIDDEN FOR TRANSPORT appropriate, or alternatively, the word performance packaging requirements in ABOARD PASSENGER AIRCRAFT’’, or ‘‘batteries’’ may be used for packages paragraphs (b)(3)(ii) and (b)(3)(iii) of this labeled with a ‘‘CARGO AIRCRAFT containing cells; section. Batteries or battery assemblies ONLY’’ label specified in § 172.448 of (B) An indication that the package is must be secured to prevent inadvertent this subchapter. to be handled with care and that a movement, and the terminals may not (iv) For transportation by highway or flammable hazard exists if the package support the weight of other rail only, the lithium content of the cell is damaged; superimposed elements. Batteries or and battery may be increased to 5 g for battery assemblies packaged in a lithium metal cell or 25 g for a lithium (C) An indication that special accordance with this paragraph are not metal battery and 60 Wh for a lithium procedures must be followed in the permitted for transportation by ion cell or 300 Wh for a lithium ion event the package is damaged, to passenger-carrying aircraft, and may be battery provided the outer package is include inspection and repacking if transported by cargo aircraft only if marked: ‘‘LITHIUM BATTERIES— necessary; approved by the Associate FORBIDDEN FOR TRANSPORT (D) A telephone number for additional Administrator. ABOARD AIRCRAFT AND VESSEL.’’ information. (6) Except for transportation by (v) The marking specified in (ii) For transportation by air, the outer aircraft, the following rigid large paragraphs (c)(1)(iii) and (iv) of this package must be marked with the packagings are authorized for a single section must have a background of following handling marking, which is battery, including for a battery contrasting color, and the letters in the durable, legible, and displayed on a contained in equipment, meeting marking must be: background of contrasting color:

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(A) The marking must be not less than replaced by a telephone number for event the package is damaged, to 120 mm (4.7 inches) wide by 110 mm additional information. include inspection and repacking if (4.3 inches) high except markings of 105 (iii) Each shipment of one or more necessary; and packages marked in accordance with mm (4.1 inches) wide by 74 mm (2.9 (D) A telephone number for additional this paragraph must be accompanied by inches) high may be used on a package information. containing lithium batteries when the a document that includes the following: (4) Air transportation. (i) For package is too small for the larger mark; (A) An indication that the package contains ‘‘lithium metal’’ or ‘‘lithium transportation by aircraft, lithium cells (B) The symbols and letters must be ion’’ cells or batteries, as appropriate; and batteries may not exceed the limits black and the border must be red; and (B) An indication that the package is in the following table. The limits on the (C) The ‘‘*’’ must be replaced by the to be handled with care and that a maximum number of batteries and words ‘‘Lithium ion battery’’ and/or flammable hazard exists if the package maximum net quantity of batteries in ‘‘Lithium metal battery’’ as appropriate is damaged; the following table may not be and the ‘‘xxx-xxx-xxxx’’ must be (C) An indication that special combined in the same package: procedures must be followed in the

Lithium metal Lithium metal Lithium metal Lithium ion Lithium ion Lithium ion cells and/or cells with a batteries with cells and/or cells with a batteries with batteries with lithium con- a lithium con- batteries with Watt-hour a Watt-hour Contents a lithium tent more tent more a Watt-hour rating more rating more content not than 0.3 g than 0.3 g rating not than 2.7 Wh than 2.7 Wh more than but not more but not more more than but not more but not more 0.3 g than 1g than 2 g 2.7 Wh than 20 Wh than 100 Wh

Maximum number of cells/batteries per package .. No Limit 8 cells 2 batteries No Limit 8 cells 2 batteries. Maximum net quantity (mass) per package ...... 2.5 kg n/a n/a 2.5 kg n/a n/a.

(ii) When packages required to bear lithium cells or batteries in the requirements in paragraphs (b)(3)(ii) of the handling marking in paragraph completed package must not exceed 5 this section when the package displays (c)(3)(ii) are placed in an overpack, the kg. both the lithium battery handling handling marking must either be clearly (v) Each person who prepares a marking and the Class 9 label. This visible through the overpack, or the package for transport containing lithium paragraph does not apply to batteries or handling marking must also be affixed cells or batteries, including cells or cells packed with or contained in on the outside of the overpack, and the batteries packed with, or contained in, equipment. overpack must be marked with the word equipment in accordance with the (d) Lithium cells or batteries shipped ‘‘OVERPACK’’. conditions and limitations in this (iii) Each shipment with packages paragraph, must receive adequate for disposal or recycling. A lithium cell required to bear the handling marking instruction on these conditions and or battery, including a lithium cell or must include an indication on the air limitations, commensurate with their battery contained in equipment, that is waybill of compliance with this responsibilities. transported by motor vehicle to a paragraph (c)(4) (or the applicable ICAO (vi) A package that exceeds the permitted storage facility or disposal Packing Instruction), when an air number or quantity (mass) limits in the site, or for purposes of recycling, is waybill is used. table shown in (c)(4) is subject to all excepted from the testing and record (iv) For lithium batteries packed with, applicable requirements of this keeping requirements of paragraph (a) or contained in, equipment, the number subchapter, except that a package and the specification packaging of batteries in each package is limited to containing no more than 2.5 kg lithium requirements of paragraph (b)(3) of this the minimum number required to power metal cells or batteries or 10 kg lithium section, when packed in a strong outer the piece of equipment, plus two spares, ion cells or batteries is not subject to the packaging conforming to the and the total net quantity (mass) of the UN performance packaging requirements of §§ 173.24 and 173.24a.

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A lithium cell or battery that meets the the potential of producing a dangerous size, packaging, and hazard evolution of heat, fire, or short circuit communication conditions in paragraph (e.g., those being returned to the (c)(1)–(3) of this section is excepted manufacturer for safety reasons) may be from subparts C through H of part 172 transported by highway, rail or vessel of this subchapter. only, and must be packaged as follows: (e) Low production runs and (1) Each cell or battery must be placed prototypes. Low production runs (i.e., in individual, non-metallic inner annual production runs consisting of packaging that completely encloses the not more than 100 lithium cells or cell or battery; batteries), or prototype lithium cells or batteries transported for purposes of (2) The inner packaging must be testing, are excepted from the testing surrounded by cushioning material that and record keeping requirements of is non-combustible, non-conductive, paragraph (a) of this section provided: and absorbent; and (1) Except as provided in paragraph (3) Each inner packaging must be (e)(3) of this section, each cell or battery individually placed in one of the (i) Transitional exception—A marking is individually packed in a non-metallic following packagings meeting the in conformance with the requirements inner packaging, inside an outer applicable requirements of part 178, of this paragraph in effect on December packaging, and is surrounded by subparts L, M, P and Q of this 31, 2014, may continue to be used until cushioning material that is non- subchapter at the Packing Group I level: December 31, 2016. combustible and non-conductive; (ii) For domestic transportation, a (2) The inner packages containing (i) Metal (4A, 4B, 4N), wooden (4C1, 4C2, 4D, 4F), or solid plastic (4H2) box; packaging marked prior to January 1, lithium cells or batteries are packed in 2017 and in conformance with the (ii) Metal (1A2, 1B2, 1N2), plywood one of the following packagings that requirements of this paragraph in effect (1D), or plastic (1H2) drum; or meet the requirements of part 178, on December 31, 2014, may continue in subparts L and M at Packing Group I (iii) For a single battery or for a single service until the end of its useful life. level. battery contained in equipment, the * * * * * (i) Metal (4A, 4B, 4N), wooden (4C1, following rigid large packagings are ■ 4C2, 4D, 4F), or solid plastic (4H2) box; authorized: 20. In § 173.302, revise paragraph (a) (ii) Metal (1A2, 1B2, 1N2), plywood to read as follows: (1D), or plastic (1H2) drum. (A) Metal (50A, 50B, 50N); (3) Lithium batteries that weigh 12 kg (B) Rigid plastic (50H); § 173.302 Filling of cylinders with (26.5 pounds) or more and have a nonliquefied (permanent) compressed (C) Plywood (50D); and gases or adsorbed gases. strong, impact-resistant outer casing or assemblies of such batteries, may be (4) The outer package must be marked (a) General requirements. (1) A packed in strong outer packagings, in with an indication that the package cylinder filled with a non-liquefied protective enclosures (for example, in contains a ‘‘Damaged/defective lithium compressed gas (except gas in solution) fully enclosed or wooden slatted crates), ion battery’’ and/or ‘‘Damaged/defective must be offered for transportation in or on pallets or other handling devices, lithium metal battery’’ as appropriate. accordance with the requirements of instead of packages meeting the UN (g) Approval. A lithium cell or battery this section and § 173.301. In addition, performance packaging requirements in that does not conform to the provisions a DOT specification cylinder must meet paragraphs (b)(3)(ii) and (b)(3)(iii) of this of this subchapter may be transported the requirements in §§ 173.301a, section. The battery or battery assembly only under conditions approved by the 173.302a and 173.305, as applicable. UN must be secured to prevent inadvertent Associate Administrator. pressure receptacles must meet the movement, and the terminals may not ■ 19. In § 173.199, revise paragraph requirements in §§ 173.301b and support the weight of other (a)(5) to read as follows: 173.302b, as applicable. Where more superimposed elements; than one section applies to a cylinder, (4) Irrespective of the limit specified § 173.199 Category B infectious the most restrictive requirements must in column (9B) of the § 172.101 substances. be followed. Hazardous Materials Table, the battery (a) * * * (2) Adsorbed gas. A cylinder filled or battery assembly prepared for with an adsorbed gas must be offered for (5) The following square-on-point transport in accordance with this transportation in accordance with the mark must be displayed on the outer paragraph may have a mass exceeding requirements of paragraph (d) of this packaging on a background of 35 kg gross weight when transported by section, § 173.301, and § 173.302c. UN contrasting color. The width of the line cargo aircraft; and cylinders must meet the requirements in forming the border must be at least 2 (5) Batteries or battery assemblies §§ 173.301b and 173.302b, as mm (0.08 inches) and the letters and packaged in accordance with this applicable. Where more than one numbers must be at least 6 mm (0.24 paragraph are not permitted for section applies to a cylinder, the most inches) high. The size of the mark must transportation by passenger-carrying restrictive requirements must be be such that no side of the diamond is aircraft, and may be transported by followed. cargo aircraft only if approved by the less than 50 mm (1.97 inches) in length Associate Administrator prior to as measured from the outside of the * * * * * transportation. lines forming the border. The proper ■ 21. In § 173.309, revise paragraph (f) Damaged, defective, or recalled shipping name ‘‘Biological substances, (e)(2) to read as follows: cells or batteries. Lithium cells or Category B’’ must be marked on the § 173.309 Fire extinguishers. batteries, that have been damaged or outer packaging adjacent to the identified by the manufacturer as being diamond-shaped mark in letters that are * * * * * defective for safety reasons, that have at least 6 mm (0.24 inches) high. (e) * * *

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(2) The valves are protected in § 173.422 [Amended] Th-229 Ra-225, Ac-225, Fr-221, At- accordance with § 173.301b(c)(2)(i), (ii), ■ 26. Amend § 173.422, in paragraph 217, Bi-213, Po-213, Pb-209 (iii) or (v); and (c), to remove the reference Th-nat Ra-228, Ac-228, Th-228, Ra- * * * * * to‘‘175.700(b)’’ and add the reference 224, Rn-220, Po-216, Pb-212, Bi-212, Tl- ■ 22. In § 173.314, revise paragraph ‘‘175.705’’ in its place. 208 (0.36), Po-212 (0.64) (k)(2) to read as follows: ■ 27. In § 173.423, revise paragraph Th-234 Pa-234m (a)(2) to read as follows: U-230 Th-226, Ra-222, Rn-218, Po-214 § 173.314 Compressed gases in tank cars U-232 Th-228, Ra-224, Rn-220, Po- and multi-unit tank cars. § 173.423 Requirements for multiple 216, Pb-212, Bi-212, Tl-208 (0.36), Po- * * * * * hazard limited quantity Class 7 (radioactive) 212 (0.64) (k) * * * materials. U-235 Th-231 (2) DOT105J500W tank cars may be (a) * * * U-238 Th-234, Pa-234m used as authorized packagings, as (2) Packaged to conform with the U-nat Th-234, Pa-234m, U-234, Th- prescribed in this subchapter for requirements specified in § 173.421(a) 230, Ra-226, Rn-222, Po-218, Pb-214, Bi- transporting ‘‘UN 1017, Chlorine, 2.3 through (e) or § 173.424(a) through (g), 214, Po-214, Pb-210, Bi-210, Po-210 (8), Poison Inhalation Hazard, Zone B, as appropriate; and Np-237 Pa-233 RQ,’’ if the tank cars meet all DOT * * * * * Am-242m Am-242 specification requirements, and the tank ■ 28. In § 173.426, revise paragraph (c) Am-243 Np-239 cars are equipped with combination to read as follows: * * * * * safety relief valves with a start-to- discharge pressure of 360 psi, rather § 173.426 Excepted packages for articles PART 175—CARRIAGE BY AIRCRAFT than the 356 psi. The start-to-discharge containing natural uranium or thorium. ■ 31. The authority citation for part 175 pressure setting must be marked on the * * * * * continues to read as follows: pressure relief device in conformance (c) The conditions specified in with applicable provisions of the AAR § 173.421 (b), (c) and (d) are met; and Authority: 49 U.S.C. 5101–5128; 44701; 49 Specification for Tank Cars (IBR, see * * * * * CFR 1.81 and 1.97. § 171.7 of this subchapter). ■ 29. In § 173.428, revise paragraph (a) ■ 32. In § 175.10 revise paragraphs * * * * * to read as follows: (a)(17)(v)(D) and (E) to read as follows: § 173.334 [Amended] § 173.428 Empty Class 7 (radioactive) § 175.10 Exceptions for passengers, ■ 23. Amend § 173.334 in paragraph (b) materials packaging. crewmembers, and air operators. to remove the word ‘‘education’’ and * * * * * (a) * * * add the word ‘‘eduction’’ in its place. (a) The packaging meets the (17) * * * ■ 24. In § 173.417, revise paragraph requirements of § 173.421 (b), (c), and (v) * * * (b)(2) to read as follows: (e) of this subpart; (D) The battery must not exceed 300 * * * * * Watt-hour (Wh); and § 173.417 Authorized fissile materials ■ 30. In § 173.436, revise footnote (b) (E) A maximum of one spare battery packages. following the table to read as follows: not exceeding 300 Wh or two spares not * * * * * exceeding 160 Wh each may be carried; (b) * * * § 173.436 Exempt material activity * * * * * (2) Type B(U) or Type B(M) packaging concentrations and exempt consignment that also meets the applicable activity limits for radionuclides. PART 176—CARRIAGE BY VESSEL requirements for fissile material * * * * * packaging in Section VI of the b Parent nuclides and their progeny ■ 33. The authority citation for part 176 International Atomic Energy Agency included in secular equilibrium are continues to read as follows: ‘‘Regulations for the Safe Transport of listed as follows: Authority: 49 U.S.C. 5101–5128; 49 CFR Radioactive Material, SSR–6,’’ and for Sr-90 Y-90 1.81 and 1.97. which the foreign Competent Authority Zr-93 Nb-93m § 176.104 [Amended] certificate has been revalidated by the Zr-97 Nb-97 U.S. Competent Authority in accordance Ru-106 Rh-106 ■ 34. Amend 176.104 in paragraph (c)(3) with § 173.473. These packagings are Ag-108m Ag-108 to remove the word ‘‘hoods’’ and add authorized only for import and export Cs-137 Ba-137m the word ‘‘hooks’’ in its place. shipments. Ce-144 Pr-144 § 176.116 [Amended] Ba-140 La-140 * * * * * ■ 35. Amend § 176.116 in paragraph ■ Bi-212 Tl-208 (0.36), Po-212 (0.64) 25. In § 173.420, revise paragraphs (e)(3) to remove the reference ‘‘46 CFR Pb-210 Bi-210, Po-210 (a)(2)(i) and (d)(2) to read as follows: 72.05–10(a)(1)’’ and add the reference Pb-212 Bi-212, Tl-208 (0.36), Po-212 ‘‘46 CFR 72.05–10(c)(1)’’ in its place. § 173.420 Uranium hexafluoride (fissile, (0.64) fissile excepted and non-fissile). ■ 36. In § 176.905, revise paragraph (i) Rn-222 Po-218, Pb-214, Bi-214, Po- to read as follows: (a) * * * 214 (2) * * * Ra-223 Rn-219, Po-215, Pb-211, Bi- § 176.905 Stowage of motor vehicles or (i) American National Standard N14.1 211, Tl-207 mechanical equipment. in effect at the time the packaging was Ra-224 Rn-220, Po-216, Pb-212, Bi- * * * * * manufactured; or 212, Tl-208 (0.36), Po-212 (0.64), (i) Exceptions. A vehicle or * * * * * Ra-226 Rn-222, Po-218, Pb-214, Bi- mechanical equipment is excepted from (d) * * * 214, Po-214, Pb-210, Bi-210, Po-210 the requirements of this subchapter if (2) The conditions of §§ 173.24, Ra-228 Ac-228 any of the following are met: 173.24a, and 173.421(a) and (d) are met. Th-228 Ra-224, Rn-220, Po-216, Pb- (1) The vehicle or mechanical * * * * * 212, Bi-212, Tl-208 (0.36), Po-212 (0.64) equipment has an internal combustion

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engine using liquid fuel that has a § 177.838 Class 4 (flammable solid) DEPARTMENT OF TRANSPORTATION flashpoint less than 38 °C (100 °F), the materials, Class 5 (oxidizing) materials, and fuel tank is empty, installed batteries are Division 4.2 (pyrophoric liquid) materials. National Highway Traffic Safety protected from short circuit, and the * * * * * Administration engine is run until it stalls for lack of (g) A motor vehicle may only contain fuel; 45.4 kg (100 pounds) or less net mass of 49 CFR Part 541 (2) The vehicle or mechanical material described as ‘‘Smokeless [Docket No. NHTSA–2015–0067] equipment has an internal combustion powder for small arms, Division 4.1’’ or engine using liquid fuel that has a ‘‘Black powder for small arms, Division Final Theft Data; Motor Vehicle Theft flashpoint of 38 °C (100 °F) or higher, 4.1.’’ Prevention Standard the fuel tank contains 450 L (119 * * * * * AGENCY: gallons) of fuel or less, installed National Highway Traffic batteries are protected from short Safety Administration (NHTSA), PART 178—SPECIFICATIONS FOR Department of Transportation. circuit, and there are no fuel leaks in PACKAGINGS any portion of the fuel system; ACTION: Publication of 2013 final theft data. (3) The vehicle or mechanical ■ 39. The authority citation for part 178 equipment is stowed in a hold or continues to read as follows: SUMMARY: This document publishes the compartment designated by the Authority: 49 U.S.C. 5101–5128; 49 CFR final data on thefts of model year (MY) administration of the country in which 1.81 and 1.97. 2013 passenger motor vehicles that the vessel is registered as specially occurred in calendar year (CY) 2013, designed and approved for vehicles and § 178.71 [Amended] including theft rates for existing mechanical equipment and there are no ■ 40. Amend § 178.71 in paragraph passenger motor vehicle lines signs of leakage from the battery, engine, (p)(15) to remove the phrase ‘‘1SO manufactured in model year (MY) 2013. fuel cell, compressed gas cylinder or 11114–1’’ and add the phrase ‘‘ISO DATES: Effective date: November 23, accumulator, or fuel tank, as 11114–1’’ in its place. 2015. appropriate. For vehicles with batteries connected and fuel tanks containing § 178.801 [Amended] FOR FURTHER INFORMATION CONTACT: Ms. gasoline transported by U.S. vessels, see Deborah Mazyck, Office of International 46 CFR 70.10–1 and 90.10–38; ■ 41. In § 178.801, redesignate Policy, Fuel Economy and Consumer (4) The vehicle or mechanical paragraphs (l)(2)(viii) through (xi) as Programs, NHTSA, 1200 New Jersey equipment is electrically powered solely (l)(2)(vii) through (x). Avenue SE., Washington, DC 20590. Ms. Mazyck’s telephone number is (202) by wet electric storage batteries PART 180—CONTINUING (including non-spillable batteries) or 366–4139. Her fax number is (202) 493– QUALIFICATION AND MAINTENANCE 2990. sodium batteries and the installed OF PACKAGINGS batteries are protected from short SUPPLEMENTARY INFORMATION: NHTSA circuit; administers a program for reducing ■ 42. The authority citation for part 180 motor vehicle theft. The central feature (5) The vehicle or mechanical continues to read as follows: equipment is equipped with liquefied of this program is the Federal Motor petroleum gas or other compressed gas Authority: 49 U.S.C. 5101–5128; 49 CFR Vehicle Theft Prevention Standard, 49 fuel tanks, the tanks are completely 1.81 and 1.97. CFR part 541. The standard specifies performance requirements for inscribing emptied of liquefied or compressed gas ■ 43. In § 180.213, revise paragraph and affixing vehicle identification and the positive pressure in the tank (f)(1) to read as follows: does not exceed 2 bar (29 psig), the fuel numbers (VINs) onto certain major shut-off or isolation valve is closed and § 180.213 Requalification markings. original equipment and replacement parts of high-theft lines of passenger secured, and installed batteries are * * * * * protected from short circuit; or motor vehicles. (f) * * * The agency is required by 49 U.S.C. (6) The vehicle or mechanical 33104(b)(4) to periodically obtain, from equipment is powered by a fuel cell (1) For designation of the 5-year the most reliable source, accurate and engine, the engine is protected from volumetric expansion test, 10-year timely theft data and publish the data inadvertent operation by closing fuel volumetric expansion test for UN for review and comment. To fulfill this supply lines or by other means, and the cylinders and cylinders conforming to statutory mandate, NHTSA has fuel supply reservoir has been drained § 180.209(f) and (h), or 12-year published theft data annually beginning and sealed. volumetric expansion test for fire extinguishers conforming to § 173.309(a) with MYs 1983/84. Continuing to fulfill * * * * * of this subchapter and cylinders the section 33104(b)(4) mandate, this PART 177—CARRIAGE BY PUBLIC conforming to § 180.209(e) and (g), the document reports the final theft data for HIGHWAY marking is as illustrated in paragraph CY 2013, the most recent calendar year (d) of this section. for which data are available. In calculating the 2013 theft rates, ■ 37. The authority citation for part 177 * * * * * NHTSA followed the same procedures it continues to read as follows: Issued in Washington, DC, on November used in calculating the MY 2012 theft Authority: 49 U.S.C. 5101–5128; sec. 112 17, 2015 under authority delegated in 49 CFR rates. (For 2012 theft data calculations, of Pub. L. 103–311, 108 Stat. 1673, 1676 part 1.97. see 79 FR 70115). As in all previous (1994); sec. 32509 of Pub. L. 112–141, 126 Marie Therese Dominguez, reports, NHTSA’s data were based on Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97. Administrator, Pipeline and Hazardous information provided to NHTSA by the ■ 38. In § 177.838, revise the section Materials Safety Administration. National Crime Information Center heading and paragraph (g) to read as [FR Doc. 2015–29683 Filed 11–20–15; 8:45 am] (NCIC) of the Federal Bureau of follows: BILLING CODE 4910–60–P Investigation. The NCIC is a government

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system that receives vehicle theft in CY/MY 2012. The final theft rate for The overall trend using increments of information from nearly 23,000 criminal MY 2013 passenger vehicles stolen in five years show a marked decrease in justice agencies and other law calendar year 2013 increased to 1.1562 passenger motor vehicle thefts over a enforcement authorities throughout the thefts per thousand vehicles produced, 20-year (1993–2013) period. United States. The NCIC data also an increase of 2.37 percent from the rate Specifically, the MY 2013 theft rate include reported thefts of self-insured of 1.1294 thefts per thousand vehicles (1.16 thefts per thousand vehicles) is and uninsured vehicles, not all of which experienced by MY 2012 vehicles in CY 70.85 percent lower than the CY/MY are reported to other data sources. 2012. 1993 rate (3.98 thefts per thousand The 2013 theft rate for each vehicle vehicles), 54.33 percent lower than the line was calculated by dividing the For MY 2013 vehicles, out of a total CY/MY 1998 rate (2.54 thefts per number of reported thefts of MY 2013 of 211 vehicle lines, ten lines had a theft thousand vehicles), 36.96 percent lower vehicles of that line stolen during rate higher than 3.5826 per thousand than the CY/MY 2003 rate (1.84 thefts calendar year 2013 by the total number vehicles, the established median theft per thousand vehicles) and 31.36 of vehicles in that line manufactured for rate for MYs 1990/1991. (See 59 FR percent lower than the CY/MY 2008 rate MY 2013, as reported to the 12400, March 16, 1994). Of the ten (1.69 thefts per thousand vehicles). Environmental Protection Agency vehicle lines with a theft rate higher Overall, as indicated by Figure 1, theft (EPA). than 3.5826, nine are passenger car rates have continued to show a The final 2013 theft data show a slight lines, one is a multipurpose passenger downward trend since CY/MY 1993, increase in the vehicle theft rate when vehicle line, and none are light-duty with periods of very moderate increases compared to the theft rate experienced truck lines. from one year to the next.

On Thursday, August 6, 2015, NHTSA The agency received written theft rate of 0.1346 is now ranked No. published the preliminary theft rates for comments from Volkswagen Group of 56 with a theft rate of 1.3444. CY 2013 passenger motor vehicles in the America, Inc., informing the agency that The following list represents Federal Register (80 FR 46930). The the production volumes listed for the NHTSA’s final calculation of theft rates agency tentatively ranked each of the Audi A3 and the Audi A4/A5 was for all 2013 passenger motor vehicle MY 2013 vehicle lines in descending incorrect. In response to this comment, lines. This list is intended to inform the order of theft rate. The public was the production volume for the Audi A3 requested to comment on the accuracy and the Audi A4/A5 have been public of calendar year 2013 motor of the data and to provide final corrected and the final theft data has vehicle thefts of model year 2013 production figures for individual been revised accordingly. As a result of vehicles and does not have any effect on vehicle lines. As a result of the the correction, the Audi A4/A5 the obligations of regulated parties adjustments, some of the final theft rates previously ranked No. 22 with a theft under 49 U.S.C. Chapter 331, Theft and rankings of vehicle lines changed rate of 2.4792 is now ranked No. 100 Prevention. from those published in the August with a theft rate of 0.7510 and the Audi BILLING CODE 4910–59–P 2015 notice. A3 previously ranked No. 178 with a

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FINAL REPORT OF THEFT RATES FOR MODEL YEAR 2013 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2013

Manufacturer Make/Model (line) Thefts 2013 Production Theft Rate (Mfr's) 2013 (per 1,000 vehicles produced) 1 MERCEDES-BENZ CL-CLASS 3 583 5.1458 2 CHRYSLER DODGE CHARGER 399 78,134 5.1066 3 TOYOTA YARIS 97 20,951 4.6299 4 GENERAL MOTORS CHEVROLET IMPALA 577 127,237 4.5348 5 CHRYSLER DODGE CHALLENGER 224 50,824 4.4074 6 MASERATI QUATTROPORTE 1 227 4.4053 7 BMW M6 5 1,290 3.8760 8 GENERAL MOTORS CHEVROLET CAPTIVA 134 35,894 3.7332 9 NISSAN MAXIMA 166 44,854 3.7009 10 BMW M5 12 3,261 3.6799 11 CHRYSLER DODGE AVENGER 396 112,843 3.5093 12 CHRYSLER 300 210 62,182 3.3772 13 PORSCHE PANAMERA 20 5,957 3.3574 14 MERCEDES-BENZ S-CLASS 42 12,782 3.2859 15 GENERAL MOTORS CHEVROLET CAMARO 258 85,584 3.0146 16 NISSAN INFINITI FX37/FX50 41 13,669 2.9995 17 AUDI AUDIS8 3 1,015 2.9557 18 HONDA ACURAZDX 1 354 2.8249 19 FORD MOTOR CO MUSTANG 214 75,914 2.8190 20 NISSAN VERSA 151 56,410 2.6768 21 CHRYSLER 200 340 133,344 2.5498 22 MAZDA MAZDA2 37 14,926 2.4789 23 MERCEDES-BENZ CLS-CLASS 14 5,821 2.4051 24 BMW 6 16 7,196 2.2235 25 NISSAN GT-R 3 1,410 2.1277 26 GENERAL MOTORS CHEVROLET CRUZE 433 207,657 2.0852 27 KIA FORTE 108 53,267 2.0275 28 BMW Z4 4 1,982 2.0182 29 KIA OPTIMA 346 172,977 2.0003 30 MAZDA MAZDA6 23 11,568 1.9882 31 AUDI AUDIA? 13 6,626 1.9620 32 HYUNDAI ACCENT 174 90,149 1.9301 33 MAZDA MAZDA5 27 14,196 1.9019 34 NISSAN INFINITI G37 109 57,330 1.9013 35 MAZDA MAZDA3 196 103,558 1.8927

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36 MITSUBISHI LANCER 32 16,958 1.8870 37 AUDI AUDIS7 2 1,106 1.8083 38 TOYOTA COROLLA 566 313,314 1.8065 39 GENERAL MOTORS CHEVROLET MALIBU 373 211,357 1.7648 40 NISSAN ALTIMA 693 393,800 1.7598 41 FORD MOTOR CO TAURUS 159 90,753 1.7520 42 KIA RIO 117 68,364 1.7114 43 GENERAL MOTORS CHEVROLET SPARK 65 38,612 1.6834 44 VOLKSWAGEN cc 54 32,257 1.6741 45 BMW 7 20 12,059 1.6585 46 AUDI AUDI S6 3 1,809 1.6584 47 AUDI AUDIA8 9 5,635 1.5972 48 FORD MOTOR CO LINCOLNMKS 26 17,203 1.5114 49 GENERAL MOTORS BUICK LACROSSE 82 54,416 1.5069 50 GENERAL MOTORS CHEVROLET SONIC 141 94,250 1.4960 51 HYUNDAI GENESIS 70 49,177 1.4234 52 FORD MOTOR CO FOCUS 332 234,537 1.4156 53 MERCEDES-BENZ E-CLASS 70 50,159 1.3956 54 GENERAL MOTORS CHEVROLET CORVETTE 18 12,917 1.3935 55 VOLKSWAGEN PASSAT 176 128,931 1.3651 56 AUDI AUDIA3 5 3,719 1.3444 57 FORD MOTOR CO FUSION 342 256,170 1.3351 58 VOLKSWAGEN JETTA 222 176,130 1.2604 59 TOYOTA CAMRY 353 280,399 1.2589 60 GENERAL MOTORS CADILLAC ATS 49 39,386 1.2441 61 HYUNDAI SONATA 388 313,346 1.2382 62 NISSAN 370Z 8 6,485 1.2336 63 GENERAL MOTORS CADILLAC CTS 41 33,340 1.2298 64 HONDA PILOT 53 43,762 1.2111 65 CHRYSLER JEEP PATRIOT 43 35,620 1.2072 66 TOYOTA SCIONtC 24 19,927 1.2044 67 MERCEDES-BENZ SL-CLASS 12 10,053 1.1937 68 MITSUBISHI OUTLANDER 35 29,764 1.1759 69 MERCEDES-BENZ C- CLASS 113 96,191 1.1747 70 SUZUKI SX4 8 6,897 1.1599 71 HYUNDAI ELANTRA 469 411,249 1.1404 72 CHRYSLER DODGE JOURNEY 96 84,725 1.1331 73 BMW 5 65 58,063 1.1195 74 FORD MOTOR CO FIESTA 73 67,095 1.0880 75 GENERAL MOTORS BUICK REGAL 21 19,437 1.0804 76 NISSAN NV 200 CARGO VAN 6 5,650 1.0619 77 SUZUKI GRAND VITARA 3 2,841 1.0560 78 NISSAN SENTRA 160 155,196 1.0310

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79 KIA SOUL 153 150,943 1.0136 80 AUDI AUDI S4/S5 12 12,087 0.9928 81 MERCEDES-BENZ GLK-CLASS 30 32,138 0.9335 82 VOLKSWAGEN TIGUAN 31 33,475 0.9261 83 GENERAL MOTORS CADILLAC XTS 38 41,913 0.9066 84 FORD MOTOR CO LINCOLNMKZ 24 26,677 0.8997 85 TOYOTA SCIONiQ 3 3,397 0.8831 86 FORD MOTOR CO ESCAPE 265 310,054 0.8547 87 TOYOTA VENZA 44 51,487 0.8546 88 KIA SPORTAGE 37 43,754 0.8456 89 HONDA ACURA TSX 13 15,474 0.8401 90 NISSAN X TERRA 11 13,167 0.8354 91 KIA SORENTO 84 101,314 0.8291 92 SUBARU LEGACY 37 45,052 0.8213 93 HONDA ILX 21 25,790 0.8143 94 TOYOTA AVALON 63 77,779 0.8100 95 PORSCHE BOXSTER 5 6,259 0.7988 96 NISSAN FRONTIER PICKUP 42 53,113 0.7908 97 CHRYSLER DODGE DART 95 120,478 0.7885 98 JAGUAR LAND ROVER XF 7 8,983 0.7792 99 TOYOTA LEXUSIS 10 13,082 0.7644 100 AUDI AUDIA4/A5 36 47,939 0.7510 101 FIAT 500 38 51,721 0.7347 102 MAZDA CX-9 16 21,923 0.7298 103 PORSCHE 911 7 9,805 0.7139 104 CHRYSLER JEEP COMPASS 15 21,037 0.7130 105 FORD MOTOR CO EDGE 162 230,853 0.7017 106 BMW 3 81 115,498 0.7013 107 VOLKSWAGEN GOLF 15 21,455 0.6991 108 GENERAL MOTORS CADILLAC SRX 35 50,569 0.6921 109 NISSAN PATHFINDER 56 81,205 0.6896 110 FORD MOTOR CO FLEX 22 32,053 0.6864 111 NISSAN ROGUE 131 192,204 0.6816 112 JAGUAR LAND ROVER XJ 4 5,880 0.6803 113 BMW X3 24 35,324 0.6794 114 GENERAL MOTORS GMC TERRAIN 73 108,263 0.6743 115 HONDA CROSSTOUR 11 16,818 0.6541 116 NISSAN CUBE 4 6,181 0.6471 117 VOLVO XC60 13 20,618 0.6305 118 TOYOTA TACOMA PICKUP 108 172,009 0.6279 119 HYUNDAI EQUUS 2 3,187 0.6275 120 HONDA ACCORD 231 372,134 0.6207 121 MERCEDES-BENZ SLK-CLASS 3 4,842 0.6196

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122 VOLKSWAGEN BEETLE 29 47,776 0.6070 123 CHRYSLER JEEP WRANGLER 93 154,513 0.6019 124 HONDA ACURAMDX 15 25,269 0.5936 125 VOLVO S60 15 25,583 0.5863 126 TOYOTA SIENNA 77 131,431 0.5859 127 VOLKSWAGEN GTI 10 17,173 0.5823 128 AUDI AUDIALLROAD 4 6,966 0.5742 129 GENERAL MOTORS BUICK VERANO 29 50,556 0.5736 130 FORD MOTOR CO LINCOLNMKX 23 40,203 0.5721 131 SUBARU BRZ 7 12,358 0.5664 132 SUBARU IMPREZA 50 88,295 0.5663 133 AUDI AUDIQ5 16 28,566 0.5601 134 SUZUKI KIZASHI 1 1,805 0.5540 135 SUBARU XV CROSS TREK 26 48,547 0.5356 136 HYUNDAI TUCSON 30 56,509 0.5309 137 HONDA CIVIC 189 361,723 0.5225 138 MAZDA CX-5 28 54,087 0.5177 139 SUBARU OUTBACK 60 118,349 0.5070 140 NISSAN MURANO 18 35,506 0.5070 141 HONDA CR-Z 2 4,032 0.4960 142 SUBARU FORESTER 21 42,779 0.4909 143 HYUNDAI VELOSTER 25 51,682 0.4837 144 HONDA ACURA TL 11 24,361 0.4515 145 FORD MOTOR CO C-MAX 25 55,763 0.4483 146 GENERAL MOTORS CHEVROLET EQUINOX 115 259,361 0.4434 147 TOYOTA HIGHLANDER 74 170,215 0.4347 148 VOLVO C30 1 2,331 0.4290 149 MERCEDES-BENZ SMART FORTWO 6 14,179 0.4232 150 AUDI AUDTA6 8 19,268 0.4152 151 TOYOTA LEXUSRX 56 136,263 D.4110 152 HYUNDAI SANTA FE 45 110,159 0.4085 153 MASERATI GRANTURISMO 1 2,553 0.3917 154 BENTLEY MOTORS CONTINENTAL 1 2,713 0.3686 155 HONDA CR-V 102 278,583 0.3661 156 JAGUAR LAND ROVER LAND ROVER EVOQUE 5 14,367 0.3480 157 BMW 1 3 8,704 0.3447 158 TOYOTA FJCRUISER 4 12,066 0.3315 159 GENERAL MOTORS CHEVROLET VOLT 9 27,484 0.3275 160 BMW MINI COOPER 24 73,871 0.3249 161 TOYOTA RAV4 71 224,601 0.3161 162 HONDA FIT 25 80,291 0.3114 163 TOYOTA SCIONxD 3 10,112 0.2967 164 TOYOTA SCIONxB 5 17,136 0.2918

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165 HONDA INSIGHT 2 6,882 0.2906 166 BMW M3 1 3,560 0.2809 167 TOYOTA LEXUSLS 3 10,967 0.2735 168 TOYOTA PRIUS 64 236,411 0.2707 169 NISSAN JUKE 13 49,105 0.2647 170 NISSAN QUEST VAN 3 11,559 0.2595 171 BMW X1 4 16,976 0.2356 172 TOYOTA LEXUSES 21 90,063 0.2332 173 TOYOTA LEXUSCT 4 17,423 0.2296 174 VOLVO C70 1 4,380 0.2283 175 VOLKSWAGEN EOS 1 4,775 0.2094 176 HONDA ACURARDX 8 44,480 0.1799 177 GENERAL MOTORS BUICK ENCORE 5 28,615 0.1747 178 FORD MOTOR CO TRANSIT CONNECT 7 49,064 0.1427 179 TEL SA MODELS 2 17,813 0.1123 180 HYUNDAI AZERA 1 13,556 0.0738 181 NISSAN LEAF 1 26,167 0.0382 182 ASTON MARTIN DB9 0 128 0.0000 183 ASTON MARTIN V8VANTAGE 0 236 0.0000 184 AUDI AUDIRS5 0 1,545 0.0000 185 AUDI AUDITT 0 2,192 0.0000 186 BENTLEY MOTORS MULSANNE 0 234 0.0000 187 BUGATTI VEYRON 0 6 0.0000 188 BYDMOTORS E6 0 32 0.0000 189 CHRYSLER DODGE VIPER 0 852 0.0000 190 CODA CODA 0 37 0.0000 191 FERRARI 458 ITALIA 0 1,239 0.0000 192 FERRARI CALIFORNIA 0 504 0.0000 193 FERRARI FF 0 103 0.0000 194 FERRARI F12BERLINETTA 0 56 0.0000 195 JAGUAR LAND ROVER LAND ROVER LR2 0 3,689 0.0000 196 JAGUAR LAND ROVER XK 0 1,461 0.0000 197 LAMBORGHINI AVENTADOR 0 155 0.0000 198 LAMBORGHINI GALLARDO 0 449 0.0000 199 LOTUS EVORA 0 170 0.0000 200 MAZDA MX-5MIATA 0 5,697 0.0000 201 MCLAREN MP4-12C 0 412 0.0000 202 MERCEDES-BENZ SLS-CLASS 0 228 0.0000 203 MITSUBISHI I-MIEV 0 1,435 0.0000 204 NISSAN INFINITI EX37 0 1,894 0.0000 205 NTSSAN TNFTNTTT M35h/M37/M56 0 9,494 0.0000 206 ROLLS ROYCE GHOST 0 605 0.0000 207 ROLLS ROYCE PHANTOM 0 254 0.0000

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Issued in Washington, DC, under authority delegated in 49 CFR 1.95. Raymond R. Posten, Associate Administrator for Rulemaking. [FR Doc. 2015–29701 Filed 11–20–15; 8:45 am] BILLING CODE 4910–59–C

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Proposed Rules Federal Register Vol. 80, No. 225

Monday, November 23, 2015

This section of the FEDERAL REGISTER material, is not placed on the Internet or organize comments by referencing a contains notices to the public of the proposed and will be publicly available only in Code of Federal Regulations (CFR) part issuance of rules and regulations. The the hard copy form. Publicly available or section number. purpose of these notices is to give interested docket materials are available either • Explain why you agree or disagree; persons an opportunity to participate in the electronically through http:// suggest alternatives and substitute rule making prior to the adoption of the final language for your requested changes. rules. www.regulations.gov or in hard copy at EPA Region 8, Office of Partnership and • Describe any assumptions and Regulatory Assistance, Air Program, provide any technical information and/ 1595 Wynkoop Street, Denver, Colorado or data that you used. ENVIRONMENTAL PROTECTION • AGENCY 80202–1129. The EPA requests that you If you estimate potential costs or contact the individual listed in the FOR burdens, explain how you arrived at 40 CFR Part 52 FURTHER INFORMATION CONTACT section to your estimate in sufficient detail to view the hard copy of the docket. The allow for it to be reproduced. [EPA–R08–OAR–2015–0670; FRL–9937–26– • Provide specific examples to Region 8] Regional Office’s official hours of business are Monday through Friday, illustrate your concerns and suggest 8:00 a.m.–4:00 p.m., excluding federal alternatives. Approval and Promulgation of Air • Quality Implementation Plans; 2008 holidays. An electronic copy of the Explain your views as clearly as Ozone NAAQS Interstate Transport for state’s SIP compilation is also available possible, avoiding the use of profanity Colorado, Montana, North Dakota and at http://www.epa.gov/region8/air/ or personal threats. • Make sure to submit your South Dakota sip.html. comments by the comment period AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: deadline identified. Agency (EPA). Adam Clark, Air Program, U.S. Environmental Protection Agency, II. Background ACTION: Proposed rule. Region 8, Mailcode 8P–AR, 1595 On March 12, 2008, the EPA revised SUMMARY: The Environmental Protection Wynkoop, Denver, Colorado 80202– the levels of the primary and secondary Agency (EPA) is proposing to approve 1129, (303) 312–7104, clark.adam@ 8-hour ozone standards from 0.08 parts State Implementation Plan (SIP) epa.gov. per million (ppm) to 0.075 ppm (73 FR submissions from the states of Colorado, SUPPLEMENTARY INFORMATION: 16436). The CAA requires states to Montana, North Dakota and South submit, within three years after Dakota that are intended to demonstrate I. General Information promulgation of a new or revised that the SIP for each respective state What should I consider as I prepare my standard, SIPs meeting the applicable meets certain interstate transport comments for the EPA? ‘‘infrastructure’’ elements of sections requirements of the Clean Air Act (Act 110(a)(1) and (2). One of these 1. Submitting Confidential Business or CAA) for the 2008 8-hour ozone applicable infrastructure elements, CAA Information (CBI). Do not submit CBI to National Ambient Air Quality Standards section 110(a)(2)(D)(i), requires SIPs to the EPA through www.regulations.gov or (NAAQS). These submissions address contain ‘‘good neighbor’’ provisions to email. Clearly mark the part or all of the the requirement that each SIP contain prohibit certain adverse air quality information that you claim to be CBI. adequate provisions prohibiting air effects on neighboring states due to For CBI information in a disk or CD emissions that will have certain adverse interstate transport of pollution. There ROM that you mail to the EPA, mark the air quality effects in other states. The are four sub-elements within CAA outside of the disk or CD ROM as CBI EPA is proposing to approve these SIPs section 110(a)(2)(D)(i). This action and then identify electronically within for all four states as containing adequate addresses the first two sub-elements of the disk or CD ROM the specific provisions to ensure that air emissions the good neighbor provisions, at CAA information that is claimed as CBI. In in the states do not significantly section 110(a)(2)(D)(i)(I). These sub- addition to one complete version of the contribute to nonattainment or interfere elements require that each SIP for a new comment that includes information with maintenance of the 2008 8-hour or revised standard contain adequate claimed as CBI, a copy of the comment ozone NAAQS in any other state. provisions to prohibit any source or that does not contain the information other type of emissions activity within DATES: Comments must be received on claimed as CBI must be submitted for or before December 23, 2015. the state from emitting air pollutants inclusion in the public docket. that will ‘‘contribute significantly to ADDRESSES: The EPA has established a Information so marked will not be nonattainment’’ or ‘‘interfere with docket for this action under Docket disclosed except in accordance with maintenance’’ of the applicable air Identification Number EPA–R08–OAR– procedures set forth in 40 CFR part 2. quality standard in any other state. We 2015–0670. All documents in the docket 2. Tips for Preparing Your Comments. note that the EPA has addressed the are listed on the http:// When submitting comments, remember interstate transport requirements of www.regulations.gov Web site. Although to: CAA section 110(a)(2)(D)(i)(I) for the listed in the index, some information • Identify the rulemaking by docket eastern portion of the United States in may not be publicly available, i.e., number and other identifying several past regulatory actions.1 We Confidential Business Information or information (subject heading, Federal

other information the disclosure of Register date and page number). 1 • NOX SIP Call, 63 FR 57371 (October 27, 1998); which is restricted by statute. Certain Follow directions—The agency may Clean Air Interstate Rule (CAIR), 70 FR 25172 (May other material, such as copyrighted ask you to respond to specific questions Continued

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most recently promulgated the Cross- would exclude increasingly larger NAAQS.11 The moderate area State Air Pollution Rule (CSAPR), percentages of total transport. For attainment date for the 2008 ozone which addressed CAA section example, at a five percent threshold, the standard is July 11, 2018. In order to 110(a)(2)(D)(i)(I) in the eastern portion majority of interstate pollution transport demonstrate attainment by this of the United States.2 CSAPR addressed affecting downwind receptors would be attainment deadline, states will use multiple NAAQS, but did not address excluded.6 In addition, the EPA 2015 through 2017 ambient ozone data. the 2008 8-hour ozone standard.3 determined that it was important to use Therefore, 2017 is an appropriate future In CSAPR, the EPA used detailed air a relatively lower one-percent threshold year to model for the purpose of quality analyses to determine whether because there are adverse health examining interstate transport for the an eastern state’s contribution to impacts associated with ambient ozone 2008 8-hour ozone NAAQS. The EPA downwind air quality problems was at even at low levels.7 The EPA also used photochemical air quality or above specific thresholds. If a state’s determined that a lower threshold such modeling to project ozone contribution did not exceed the as 0.5 percent would result in relatively concentrations at air quality monitoring specified air quality screening modest increases in the overall sites to 2017 and estimated state-by- threshold, the state was not considered percentages of fine particulate matter state ozone contributions to those 2017 ‘‘linked’’ to identified downwind and ozone pollution transport captured concentrations. This modeling used the nonattainment and maintenance relative to the amounts captured at the Comprehensive Air Quality Model with receptors and was therefore not one-percent level. The EPA determined Extensions (CAMx version 6.11) to considered to significantly contribute or that a ‘‘0.5 percent threshold could lead model the 2011 base year, and the 2017 interfere with maintenance of the to emission reduction responsibilities in future base case emissions scenarios to standard in those downwind areas. If a additional states that individually have identify projected nonattainment and state exceeded that threshold, the state’s a very small impact on those receptors— maintenance sites with respect to the emissions were further evaluated, taking an indicator that emission controls in 2008 8-hour ozone NAAQS in 2017. The into account both air quality and cost those states are likely to have a smaller EPA used nationwide state-level ozone considerations, to determine what, if air quality impact at the downwind source apportionment modeling (CAMx any, emissions reductions might be receptor. We are not convinced that Ozone Source Apportionment necessary. For the reasons stated below, selecting a threshold below one percent Technology/Anthropogenic Precursor we believe it is appropriate to use the is necessary or desirable.’’ 8 Culpability Analysis technique) to same approach we used in CSAPR to In the final CSAPR, the EPA quantify the contribution of 2017 base establish an air quality screening determined that one percent was a case nitrogen oxides (NOX) and volatile threshold for the evaluation of interstate reasonable choice considering the organic compounds (VOC) emissions transport requirements for the 2008 8- combined downwind impact of multiple from all sources in each state to the hour ozone standard.4 upwind states in the eastern United 2017 projected receptors. The air quality In CSAPR, the EPA proposed an air States, the health effects of low levels of model runs were performed for a quality screening threshold of one fine particulate matter and ozone modeling domain that covers the 48 percent of the applicable NAAQS and pollution, and the EPA’s previous use of contiguous United States and adjacent requested comment on whether one a one-percent threshold in CAIR. The portions of Canada and Mexico. The percent was appropriate.5 The EPA EPA used a single ‘‘bright line’’ air NODA and the supporting technical evaluated the comments received and quality threshold equal to one percent of support documents have been included ultimately determined that one percent the 1997 8-hour ozone standard, or 0.08 in the docket for this SIP action. was an appropriately low threshold ppm.9 The projected contribution from The modeling data released in the because there were important, even if each state was averaged over multiple August 4, 2015 NODA is the most up- relatively small, contributions to days with projected high modeled to-date information the EPA has identified nonattainment and ozone, and then compared to the one- developed to inform our analysis of maintenance receptors from multiple percent threshold. We concluded that upwind state linkages to downwind air upwind states. In response to this approach for setting and applying quality problems. For purposes of commenters who advocated a higher or the air quality threshold for ozone was evaluating these four states’ interstate lower threshold than one percent, the appropriate because it provided a robust transport SIPs with respect to the 2008 EPA compiled the contribution metric, was consistent with the 8-hour ozone standard, the EPA is modeling results for CSAPR to analyze approach for fine particulate matter proposing that states whose the impact of different possible used in CSAPR, and because it took into contributions are less than one percent thresholds for the eastern United States. account, and would be applicable to, to downwind nonattainment and The EPA’s analysis showed that the one- any future ozone standards below 0.08 maintenance receptors are considered percent threshold captures a high ppm.10 non-significant. percentage of the total pollution The modeling indicates that the transport affecting downwind states, III. EPA’s Analysis relevant contributions from Colorado, while the use of higher thresholds On August 4, 2015, the EPA issued a Montana, North Dakota, and South Notice of Data Availability (NODA) Dakota are all below the one-percent 12, 2005); Cross-State Air Pollution Rule (CSAPR), containing air quality modeling data screening threshold of 0.75 ppb.12 76 FR 48208 (August 8, 2011). that applies the CSAPR approach to Colorado’s largest contribution to any 2 76 FR 48208. contribution projections for the year projected downwind nonattainment site 3 CSAPR addressed the 1997 8-hour ozone, and 2017 for the 2008 8-hour ozone the 1997 and 2006 fine particulate matter NAAQS. is 0.36 ppb, and its largest contribution 4 Note that EPA has not done an assessment to to any projected downwind determine the applicability of the one-percent 6 See also Air Quality Modeling Final Rule screening threshold for western states that Technical Support Document, Appendix F, 11 See 80 FR 46271 (August 4, 2015) (Notice of contribute above the one percent threshold. There Analysis of Contribution Thresholds. Availability of the Environmental protection may be additional considerations that may impact 7 76 FR 48208, 48236–37. Agency’s Updated Ozone Transport Modeling Data regulatory decisions regarding potential linkages in 8 Id. for the 2008 Ozone National Ambient Air Quality the west identified by the modeling. 9 Id. Standard (NAAQS)). 5 75 FR 45210, 45237 (August 2, 2010). 10 Id. 12 Id. at 46276, Table 3.

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maintenance-only site is 0.34 ppb. quantification of the distance to other 2015 NODA.15 Based on that modeling Montana’s largest contribution to any nonattainment areas or the amount of data, we are proposing to approve projected downwind nonattainment site ozone emission reductions within the Montana’s SIP as meeting the CAA is 0.15 ppb, and its largest contribution state and over what timeframe. section 110(a)(2)(D)(i)(I) requirements to any projected downwind Moreover, Colorado suggests that it need for the 2008 ozone NAAQS. maintenance-only site is 0.17 ppb. not perform a more detailed technical C. North Dakota North Dakota’s largest contribution to analysis until the EPA provides any projected downwind nonattainment guidance specific to the development of In its March 8, 2013 submission, the site is 0.14 ppb, and its largest SIPs to address interstate transport as to State of North Dakota concluded that it contribution to any projected downwind the 2008 ozone NAAQS. As the did not significantly contribute to maintenance-only site is 0.28 ppb. Supreme Court recently affirmed in EPA nonattainment or interfere with South Dakota’s largest contribution to v. EME Homer City Generation, L.P., the maintenance in other states with respect any projected downwind nonattainment EPA is not obligated to provide any to the 2008 8-hour ozone NAAQS. North site is 0.08 ppb, and its largest information, guidance, or specific Dakota based this conclusion in part on contribution to any projected downwind metrics before a state must undertake to the results of the modeling conducted maintenance-only site is 0.12 ppb. fulfill its obligation to address interstate for CSAPR, which included analysis of These values are all below the one- transport in its SIP. 134 S.Ct. 1584, 1601 North Dakota’s downwind contributions percent screening threshold of 0.75 ppb, (2014). for ozone (for the 1997 ozone NAAQS). and therefore there are no identified Despite the state’s incomplete North Dakota noted that the CSAPR modeling predicted the State’s largest linkages between any of these four technical analysis, the modeling contribution to any projected downwind respective states and 2017 downwind released in the EPA’s August 4, 2015 nonattainment site to be 0.2 ppb, and projected nonattainment and NODA confirms Colorado’s conclusion the largest contribution to any projected maintenance sites. that the State does not significantly downwind maintenance-only site to be contribute to nonattainment or interfere IV. State Submissions and EPA’s 0.1 ppb. As further evidence that North with maintenance of the 2008 ozone Assessment Dakota neither contributes significantly standard in any other state.14 Based on Each of the four states addressed in to nonattainment nor interferes with the modeling data and the information this proposed rulemaking made a maintenance in other states, the State provided in Colorado’s submission, we submission certifying the adequacy of noted that its point-source NOX their existing SIP to implement the 2008 are proposing to approve Colorado’s SIP emissions were ‘‘steadily declining’’ 8-hour ozone NAAQS. Colorado as meeting the CAA section between 2002 and 2011, with more submitted its certification on December 110(a)(2)(D)(i)(I) requirements for the reductions expected as a result of 31, 2012; Montana submitted its 2008 8-hour ozone standard. regional haze actions. certification on January 3, 2013; North B. Montana The EPA notes that the modeling Dakota submitted its certification on North Dakota relies upon was March 8, 2013; and South Dakota In its January 3, 2013 submission, the conducted by the EPA in 2011, for submitted its certification on May 30, State of Montana concluded that it did purposes of evaluating upwind state 2013. All of these 2008 ozone not significantly contribute to contributions and downwind air quality infrastructure SIPs are included in the nonattainment or interfere with problems as to a prior, less-stringent docket for this action. Each submission maintenance in other states with respect ozone NAAQS, and that the modeling included an analysis of the respective to the 2008 8-hour ozone NAAQS. evaluated a 2012 compliance year. SIP’s adequacy with regard to the Montana based this conclusion on the Accordingly, the fact that this modeling interstate transport requirements of existing permitting programs to which showed downwind contribution less section 110(a)(2)(D)(i)(I). current and future Montana ozone than one percent of the 2008 ozone sources are subject, as well as certain A. Colorado NAAQS is not necessarily dispositive of federal requirements such as applicable North Dakota’s obligations under In its December 31, 2012 submission, maximum achievable control section 110(a)(2)(D)(i)(I). However, as the State of Colorado concluded that it technology (MACT) and new source discussed above, the EPA has conducted did not significantly contribute to performance standard (NSPS) more updated modeling subsequent to nonattainment or interfere with requirements. While Montana did not the State’s SIP submission that confirms maintenance in other states with respect provide information or analysis the underlying conclusion of our 2011 to the 2008 8-hour ozone NAAQS. explaining why the existing permitting modeling, and of North Dakota’s SIP Colorado based this conclusion on the programs support their conclusion that submission: North Dakota does not distance from the state to downwind emissions from within the state do not significantly contribute to 2008 ozone nonattainment areas and the contribute to downwind air quality nonattainment or interfere with overall decrease in ozone emissions problems, and the EPA does not agree maintenance of the 2008 8-hour ozone within Colorado. The EPA has that permitting programs alone are standard in any other state. determined that distance is a relevant necessarily sufficient to show non- Accordingly, we are proposing to factor for an interstate transport contribution or non-interference at a approve North Dakota’s SIP as meeting technical analysis because pollutant level that satisfies 110(a)(2)(D)(i)(I), the the CAA section 110(a)(2)(D)(i)(I) dispersion increases as distance EPA concurs with Montana’s overall 13 requirements for the 2008 8-hour ozone increases. Colorado did not provide a conclusion that the State does not standard. detailed analysis supporting its significantly contribute to conclusion, including any nonattainment or interfere with D. South Dakota maintenance of the 2008 8-hour ozone In its May 30, 2013 submission, the 13 Memorandum from William T. Harnett entitled NAAQS in any other state based on the State of South Dakota concluded that it ‘‘Guidance on SIP Elements Required Under EPA’s modeling data from the August 4, Sections 110(a)(1) and (2) for the 2006 24-Hour Fine did not significantly contribute to Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),’’ September 25, 2009. 14 Id. 15 Id.

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nonattainment or interfere with contribute to nonattainment or interfere affect small governments, as described maintenance in other states with respect with maintenance of the 2008 ozone in the Unfunded Mandates Reform Act to the 2008 8-hour ozone NAAQS. The standard in any other state. Based on of 1995 (Pub. L. 104–4); State explained that its conclusion was this modeling data and the information • Does not have Federalism ‘‘based on South Dakota’s emissions and analysis provided in South Dakota’s implications as specified in Executive inventory,’’ and provided further submission, we are proposing to Order 13132 (64 FR 43255, August 10, supporting information in an approve South Dakota’s SIP as meeting attachment including (1) demographic the CAA section 110(a)(2)(D)(i)(I) 1999); and geographic data; (2) an inventory of requirements for the 2008 8-hour ozone • Is not an economically significant emissions and locational data on 85 standard. regulatory action based on health or major Title V sources within South safety risks subject to Executive Order V. Proposed Action Dakota that ‘‘potentially could impact 13045 (62 FR 19885, April 23, 1997); 16 The EPA is proposing to approve the air quality in neighboring states’’; (3) • Is not a significant regulatory action topographical, distance, and following submittals as meeting the interstate transport requirements of subject to Executive Order 13211 (66 FR meteorological information (including 28355, May 22, 2001); windrose graphs); and (4) explanations CAA section 110(a)(2)(D)(i)(I) for the • for why this information suggests that 2008 8-hour ozone NAAQS: Colorado’s Is not subject to requirements of the impact of South Dakota’s emissions December 31, 2012 submission; Section 12(d) of the National on four nearby nonattainment areas is Montana’s January 3, 2013 submission; Technology Transfer and Advancement minimal.17 Separately, South Dakota North Dakota’s March 8, 2013 Act of 1995 (15 U.S.C. 272 note) because noted plans to install controls to reduce submission; and South Dakota’s May 30, application of those requirements would NOX emissions by 70 percent from the 2013 submission. The EPA is proposing be inconsistent with the Clean Air Act; largest source of ozone-forming this approval based on the information and and analysis provided by each state, as pollution in the State (Otter Tail’s Big • Does not provide the EPA with the 18 well as the modeling in EPA’s August 4, Stone power plant), as well as plans discretionary authority to address, as to install controls on Black Hills 2015 NODA that confirms each state’s conclusion that its SIP contains appropriate, disproportionate human Power’s Ben French facility, the State’s health or environmental effects, using third highest emitter of NO at the time adequate provisions to ensure that in- X practicable and legally permissible of the submission. state air emissions will not contribute The EPA notes that South Dakota’s significantly to nonattainment or methods, under Executive Order 12898 analysis focuses solely on potential interfere with maintenance of the 2008 (59 FR 7629, February 16, 1994). impacts to the designated ozone NAAQS in any other state. This In addition, the SIP does not apply on nonattainment areas closest to South action is being taken under section 110 any Indian reservation land or in any Dakota, and does not appear to address of the CAA. other area where the EPA or an Indian the potential for either significant VI. Statutory and Executive Order tribe has demonstrated that a tribe has contribution to nonattainment areas Reviews jurisdiction. In those areas of Indian located further away, or interference country, the proposed rule does not Under the Clean Air Act, the with any maintenance of the standard in have tribal implications and will not areas that might currently be in Administrator is required to approve a SIP submission that complies with the impose substantial direct costs on tribal attainment. Even if a state does not governments or preempt tribal law as significantly contribute to the most provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); specified by Executive Order 13175 (65 physically proximate nonattainment FR 67249, November 9, 2000). areas, other factors may cause emissions 40 CFR 52.02(a). Thus, in reviewing SIP from the state to affect nonattainment submissions, the EPA’s role is to List of Subjects in 40 CFR Part 52 areas that are farther away. Furthermore, approve state actions, provided that because prong 1 and 2 concern air- they meet the criteria of the Clean Air Environmental protection, Air quality impacts in different areas, even Act. Accordingly, this proposed action pollution control, Carbon monoxide, a state that does not significantly merely approves state law provisions as Incorporation by reference, contribute to nonattainment may still meeting federal requirements and does Intergovernmental relations, Lead, interfere with maintenance of the not propose additional requirements Nitrogen dioxide, Ozone, Particulate standard in areas currently attaining. beyond those imposed by state law. For matter, Reporting and recordkeeping that reason, this action: requirements, Sulfur oxides, Volatile Nonetheless, as discussed above, the • modeling in the EPA’s NODA confirms Is not a significant regulatory action organic compounds. subject to review by the Office of South Dakota’s underlying conclusion Authority: 42 U.S.C. 7401 et seq. that the State does not significantly Management and Budget under Executive Orders 12866 (58 FR 51735, Dated: November 10, 2015. 16 The State provided emissions inventories for October 4, 1993) and 13563 (76 FR 3821, Shaun L. McGrath, January 21, 2011); seven such potentially impacted ‘‘neighboring Regional Administrator, Region 8. states’’—North Dakota, Minnesota, Iowa, Nebraska, • Does not impose an information Colorado, Wyoming, and Montana. collection burden under the provisions [FR Doc. 2015–29681 Filed 11–20–15; 8:45 am] 17 Specifically, the State’s submission discussed of the Paperwork Reduction Act (44 BILLING CODE 6560–50–P potential impacts on (1) Sublette County, Wyoming U.S.C. 3501 et seq.); (the only nonattainment area in a State bordering • South Dakota); (2) northeastern Colorado (the Is certified as not having a ‘‘closest ozone non-attainment area to South significant economic impact on a Dakota’’); and (3) Sheyboygan County, Wisconsin substantial number of small entities and Chicago, Illinois (the ‘‘non-attainment areas under the Regulatory Flexibility Act (5 . . . closest to the east side of South Dakota’’). U.S.C. 601 et seq.); 18 The EPA notes that these controls have been • installed in the time since South Dakota made this Does not contain any unfunded submission. mandate or significantly or uniquely

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ENVIRONMENTAL PROTECTION I. General Information factors, may have atypical or disproportionately high and adverse AGENCY A. Does this action apply to me? human health impacts or environmental 40 CFR Part 180 You may be potentially affected by effects from exposure to the pesticides this action if you are an agricultural discussed in this document, compared [EPA–HQ–OPP–2015–0032; FRL–9936–73] producer, food manufacturer, or to the general population. pesticide manufacturer. The following Receipt of Several Pesticide Petitions list of North American Industrial II. What action is the Agency taking? Filed for Residues of Pesticide Classification System (NAICS) codes is EPA is announcing its receipt of Chemicals In or On Various not intended to be exhaustive, but rather several pesticide petitions filed under Commodities provides a guide to help readers section 408 of the Federal Food, Drug, determine whether this document and Cosmetic Act (FFDCA), 21 U.S.C. AGENCY: Environmental Protection 346a, requesting the establishment or Agency (EPA). applies to them. Potentially affected entities may include: modification of regulations in 40 CFR ACTION: Notice of filing of petitions and • Crop production (NAICS code 111). part 180 for residues of pesticide request for comment. • Animal production (NAICS code chemicals in or on various food 112). commodities. The Agency is taking SUMMARY: This document announces the • Food manufacturing (NAICS code public comment on the requests before Agency’s receipt of several initial filings 311). responding to the petitioners. EPA is not of pesticide petitions requesting the • Pesticide manufacturing (NAICS proposing any particular action at this establishment or modification of code 32532). time. EPA has determined that the regulations for residues of pesticide If you have any questions regarding pesticide petitions described in this chemicals in or on various commodities. the applicability of this action to a document contain the data or DATES: Comments must be received on particular entity, consult the person information prescribed in FFDCA or before December 23, 2015. listed under FOR FURTHER INFORMATION section 408(d)(2), 21 U.S.C. 346a(d)(2); ADDRESSES: Submit your comments, CONTACT for the division listed at the however, EPA has not fully evaluated identified by docket identification (ID) end of the pesticide petition summary of the sufficiency of the submitted data at number and the pesticide petition interest. this time or whether the data support number (PP) of interest as shown in the B. What should I consider as I prepare granting of the pesticide petitions. After body of this document, by one of the my comments for EPA? considering the public comments, EPA following methods: intends to evaluate whether and what • Federal eRulemaking Portal: http:// 1. Submitting CBI. Do not submit this action may be warranted. Additional www.regulations.gov. Follow the online information to EPA through data may be needed before EPA can instructions for submitting comments. regulations.gov or email. Clearly mark make a final determination on these Do not submit electronically any the part or all of the information that pesticide petitions. information you consider to be you claim to be CBI. For CBI Pursuant to 40 CFR 180.7(f), a Confidential Business Information (CBI) information in a disk or CD–ROM that summary of each of the petitions that or other information whose disclosure is you mail to EPA, mark the outside of the are the subject of this document, restricted by statute. disk or CD–ROM as CBI and then prepared by the petitioner, is included • Mail: OPP Docket, Environmental identify electronically within the disk or in a docket EPA has created for each Protection Agency Docket Center (EPA/ CD–ROM the specific information that rulemaking. The docket for each of the DC), (28221T), 1200 Pennsylvania Ave. is claimed as CBI. In addition to one petitions is available at http:// NW., Washington, DC 20460–0001. complete version of the comment that www.regulations.gov. • Hand Delivery: To make special includes information claimed as CBI, a As specified in FFDCA section arrangements for hand delivery or copy of the comment that does not 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is delivery of boxed information, please contain the information claimed as CBI publishing notice of the petition so that follow the instructions at http:// must be submitted for inclusion in the the public has an opportunity to www.epa.gov/dockets/contacts.html. public docket. Information so marked comment on this request for the Additional instructions on commenting will not be disclosed except in establishment or modification of or visiting the docket, along with more accordance with procedures set forth in regulations for residues of pesticides in information about dockets generally, is 40 CFR part 2. or on food commodities. Further available at http://www.epa.gov/ 2. Tips for preparing your comments. information on the petition may be dockets. When preparing and submitting your obtained through the petition summary comments, see the commenting tips at referenced in this unit. FOR FURTHER INFORMATION CONTACT: http://www.epa.gov/dockets/ Susan Lewis, Registration Division (RD) comments.html. Amended Tolerances (7505P), main telephone number: (703) 3. Environmental justice. EPA seeks to PP 5E8399. (EPA–HQ–OPP–2015– 305–7090; email address: achieve environmental justice, the fair 0658). IR–4 Project Headquarters, [email protected]. The mailing treatment and meaningful involvement Rutgers, The State University of New address for each contact person is: of any group, including minority and/or Jersey, 500 College Road East, Suite 201 Office of Pesticide Programs, low-income populations, in the W, Princeton, NJ 08540, proposes upon Environmental Protection Agency, 1200 development, implementation, and establishment of tolerances referenced Pennsylvania Ave. NW., Washington, enforcement of environmental laws, above under ‘‘New Tolerances’’ to DC 20460–0001. As part of the mailing regulations, and policies. To help remove existing tolerances in 40 CFR address, include the contact person’s address potential environmental justice 180.568 for residues of the herbicide, name, division, and mail code. The issues, the Agency seeks information on flumioxazin 2-[7-fluoro-3,4-dihydro3- division to contact is listed at the end any groups or segments of the oxo-4-(2-proponyl)-2H-1,4-benzoxazin- of each pesticide petition summary. population who, as a result of their 6-yl]-4,5,6,7-tetrahydro-1Hisoindole- SUPPLEMENTARY INFORMATION: location, cultural practices, or other 1,3(2H)-dione in or on the raw

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agricultural commodities: Cabbage at tolerance for indirect or inadvertent requirement of a tolerance for residues 0.02 ppm; cabbage, Chinese, napa at residues of the insecticide, of N,N-dimethyldodecanamide (CAS 0.02 ppm, fruit, pome group 11 at 0.02 Cyclaniliprole, in or on all food Reg. No. 3007–53–2) when used as an ppm, fruit, stone, group 12 at 0.02 ppm, commodities that do not have inert ingredient (solvent) in pesticide garlic at 0.02 ppm, grape at 0.02 ppm, tolerances. In the Federal Register of formulations applied to growing crops nut, tree group 14 at 0.02 ppm, okra at May 6, 2015, (80 FR 18327) (FRL–9924– or raw agricultural commodities after 0.02 ppm, onion, bulb at 0.02 ppm, 00), EPA issued a document pursuant to harvest under 40 CFR 180.910. The pistachio 0.02 ppm shallot bulb at 0.02 FFDCA section 408(d)(3), 21 U.S.C. petitioner believes no analytical method ppm, strawberry at 0.07 ppm and 346a(d)(3), announcing the filing of a is needed because it is not required for vegetable, fruiting group 8 at 0.02 ppm. pesticide petition (PP 4F8253) by ISK an exemption from the requirement of a Adequate enforcement methodology Biosciences Corporation requesting that tolerance. Contact: RD. (gas chromatography/nitrogen- that 40 CFR part 180 be amended by 5. PP IN–10839. (EPA–HQ–OPP– phosphorus detection (GC/NPD) establishing tolerances on various 2015–0697). Technology Sciences method, Valent Method RM30–A–3) is agricultural commodities for residues of Group, 1150 18th St. NW., Suite 1000, available to enforce the tolerance the insecticide, Cyclaniliprole. That Washington, DC 20036, on behalf of expression. Contact: RD. petition (PP 4F8253) has since been Doosan Corporation, 864 B/5F. 864–1, amended to also request an exemption lui-dong. Yeongtong-gu, Suwon-si, New Tolerances from the requirement of a tolerance for Gyeonggi-do, 443–284, Republic of 1. PP 5E8399. (EPA–HQ–OPP–2015– indirect or inadvertent residues of all Korea, requests to establish an 0658). Interregional Research Project food commodities which the EPA does exemption from the requirement of a Number 4 (IR–4), IR–4 Project not established tolerances. The tolerance for residues of Headquarters, Rutgers, The State analytical method Liquid monoethanolamine (CAS Reg. No. 141– University of New Jersey, 500 College Chromatography-MS/MS is available to 43–5) when used as an inert ingredient Road East, Suite 201 W, Princeton, NJ EPA for the detection and measurement (solvent) in pesticide formulations 08540, requests to establish tolerances of the pesticide residues. Contact: RD. applied to growing crops or raw in 40 CFR 180.568 for residues of the 2. PP IN–10791. (EPA–HQ–OPP– agricultural commodities after harvest herbicide, flumioxazin 2-[7-fluoro-3,4- 2015–0660). Technology Sciences under 40 CFR 180.910. The petitioner dihydro3-oxo-4-(2-proponyl)-2H-1,4- Group, 1150 18th St. NW., Suite 1000, believes no analytical method is needed benzoxazin-6-yl]-4,5,6,7-tetrahydro- Washington, DC 20036, on behalf of because it is not required for an 1Hisoindole-1,3(2H)-dione in or on the Stepan Company, 22 West Frontage exemption from the requirement of a raw agricultural commodities: Berry, Road, Northfield, IL 60093, requests to tolerance. Contact: RD. low growing, subgroup 13–07G at 0.07 establish an exemption from the 6. PP IN–10841. (EPA–HQ–OPP– parts per million (ppm); Brassica, head requirement of a tolerance for residues 2015–0719). Eastman Chemical and stem, subgroup 5A at 0.02 ppm, of N,N-dimethyl 9-decenamide (CAS Company, Inc., 200 South Wilcox Drive, caneberry, subgroup 13–07A at 0.40, Reg. No. 1356964–77–6) when used as Kingsport, TN 37660–5280, requests to citrus oil at 0.1 ppm, clover, forage at an inert ingredient (surfactant or establish an exemption from the 0.02 ppm, clover, hay at 0.15 ppm; fruit, solvent) in pesticide formulations requirement of a tolerance for residues citrus group 10–10 at 0.02 ppm, fruit, applied to growing crops or raw of N-butyl-3-hydroxybutyrate (CAS Reg. pome group 11–10 at 0.02 ppm, fruit, agricultural commodities after harvest No. 53605–94–0) and isopropyl-3- small vine climbing, except fuzzy under 40 CFR 180.910. The petitioner hydroxybutyrate (CAS Reg. No. 54074– kiwifruit, subgroup 13–07F at 0.02 ppm, believes no analytical method is needed 94–1) when used as inert ingredients fruit, stone, group 12–12 at 0.02 ppm, because it is not required for an (solvents) in pesticide formulations nut, tree group 14–12 at 0.02 ppm, exemption from the requirement of a applied to growing crops or raw onion, bulb subgroup 3–07A at 0.02 tolerance. Contact: RD. agricultural commodities after harvest ppm and vegetable, fruiting group 8–10 3. PP IN–10805. (EPA–HQ–OPP– under 40 CFR 180.910, applied to ppm at 0.02. Adequate enforcement 2015–0723). Technology Sciences animals under 40 CFR 180.930, and methodology (gas chromatography/ Group, 1150 18th St. NW., Suite 1000, when used in antimicrobial nitrogen-phosphorus detection (GC/ Washington, DC 20036, on behalf of formulations (food-contact surface NPD) method, Valent Method RM30–A– Stepan Company, 22 West Frontage sanitizing solutions) under 40 CFR 3) is available to enforce the tolerance Road, Northfield, IL 60093, requests to 180.940(a). The petitioner believes no expression. Contact: RD. establish an exemption from the analytical method is needed because it 2. PP 5E8401. (EPA–HQ–OPP–2015– requirement of a tolerance for residues is not required for an exemption from 0705). Syngenta Crop Protection, LLC, of N,N-dimethyltetradecanamide (CAS the requirement of a tolerance. Contact: P.O. Box 18300, Greensboro, NC 27409– Reg. No. 3015–65–4) when used as an RD 8300, requests to establish a tolerance in inert ingredient (solvent) in pesticide 7. PP IN–10843. (EPA–HQ–OPP– 40 CFR part 180 for residues of the formulations applied to growing crops 2015–0718). BASF Corporation, 26 insecticide, Thiamethoxam, in or on or raw agricultural commodities after Davis Drive, Research Triangle Park, NC banana at 0.04 parts per million (ppm). harvest under 40 CFR 180.910. The 27709, requests to establish an The HPLC/UV or MS detection method petitioner believes no analytical method exemption from the requirement of a is used to measure and evaluate the is needed because it is not required for tolerance for residues of propenoic acid, chemical Thiamethoxam and the an exemption from the requirement of a 2-methyl-, polymers with tert-Bu metabolite, CGA–322704. Contact: RD. tolerance. Contact: RD. acrylate, Me methacrylate, polyethylene 4. PP IN–10806. (EPA–HQ–OPP– glycol methacrylate C16–C18-alkyl New Tolerance Exemptions 2015–0720). Technology Sciences ethers and vinylpyrrolidone, tert-Bu 2- 1. PP 4F8253. (EPA–HQ–OPP–2014– Group, 1150 18th St. NW., Suite 1000, ethylhexaneperoxoate-initiated, 0679). ISK Biosciences Corporation, Washington, DC 20036, on behalf of compds. with 2-amino-2-methyl-1- 7470 Auburn Road, Suite A Concord, Stepan Company, 22 West Frontage propanol (CAS Reg. No. 1515872–09–9) OH 44077, requests to establish an Road, Northfield, IL 60093, requests to when used as an inert ingredient in exemption from the requirement of a establish an exemption from the pesticide formulations under 40 CFR

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180.960. The petitioner believes no the comment period for the proposed proposed rule would update and replace analytical method is needed because it rule pertaining to oil measurement the requirements found in Onshore Oil is not required for an exemption from (Order 4). It also announces the times and Gas Order No. 3, Site Security, with the requirement of a tolerance. Contact: and locations of three public meetings new regulations that would be codified RD. to take public input on the proposed in the Code of Federal Regulations 8. PP IN–10853. (EPA–HQ–OPP– rules. (CFR) through the amendment of 43 2015–0717). Technology Sciences DATES: The comment period for the CFR part 3160 and the addition of two Group, 1150 18th St. NW., Suite 1000, proposed rules published July 13, 2015 new subparts—43 CFR subparts 3170 Washington, DC 20036, on behalf of (80 FR 40768), September 11, 2015 (80 and 3173. The proposed rule to replace Jeneil Biosurfactant Company, 400 N. FR 54760), and October 13, 2015 (80 FR Onshore Order 3 initially had a 60-day Dekora Woods Blvd. Saukville, WI 61646) are extended. Send your public comment period that closed on 53080, requests to establish an comments on the three proposed rules September 11, 2015, but that comment exemption from the requirement of a to the BLM on or before December 14, period was extended until October 9, tolerance for residues of 2-phenylethyl 2015. The BLM need not consider, or 2015 (80 FR 54760). The proposed rule acetate (CAS Reg. No. 103–45–7) when include in the administrative record for includes provisions intended to ensure used as an inert ingredient (solvent) in the final rule, comments that it receives that oil and gas produced from Federal pesticide formulations applied to after the close of the comment period or and Indian oil and gas leases are growing crops or raw agricultural comments delivered to an address other properly and securely handled, so as to commodities after harvest under 40 CFR than those listed below (see ADDRESSES). ensure accurate measurement, 180.910. The petitioner believes no The BLM intends to hold three public production accountability, and royalty analytical method is needed because it meetings on December 1, 3, and 8, 2015, payments, and to prevent theft and loss. is not required for an exemption from to accept public comment on the On September 30, 2015, the BLM the requirement of a tolerance. Contact: proposed rules. For the times and published in the Federal Register RD. locations of the meetings, please see the ‘‘Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Authority: 21 U.S.C. 346a. SUPPLEMENTARY INFORMATION section below. Measurement of Oil; Proposed Rule’’ (80 Dated: November 13, 2015. FR 58952). This proposed rule would Daniel J. Rosenblatt, ADDRESSES: Mail: U.S. Department of update and replace the existing Acting Director, Registration Division, Office the Interior, Director (630), Bureau of requirements of Order 4, Measurement of Pesticide Programs. Land Management, Mail Stop 2134 LM, of Oil, with new regulations that would 1849 C St. NW., Washington, DC 20240, [FR Doc. 2015–29808 Filed 11–20–15; 8:45 am] be codified in the CFR through the Attention: 1004–AE15, 1004–AE16, or BILLING CODE 6560–50–P amendment of 43 CFR part 3160 and the 1004–AE17. Personal or messenger addition of a new subpart—43 CFR delivery: Bureau of Land Management, subpart 3174. It would strengthen the 20 M Street SE., Room 2134 LM, BLM’s policies governing production DEPARTMENT OF THE INTERIOR Attention: Regulatory Affairs, accountability by updating its minimum Washington, DC 20003. Federal Bureau of Land Management standards for oil measurement to reflect eRulemaking Portal: http:// changes in technology and industry www.regulations.gov. Follow the 43 CFR Parts 3160 and 3170 practices. The comment period on the instructions at this Web site. proposed rule to replace Order 4 [15X.LLWO300000.L13100000.NB0000] FOR FURTHER INFORMATION CONTACT: currently expires on November 30, Michael Wade, BLM Colorado State 2015. RIN 1004–AE15, RIN 1004–AE16, RIN 1004– Office, at 303–239–3737 (Order 3); Mike AE17 On October 13, 2015, the BLM McLaren, BLM Pinedale (WY) Field published in the Federal Register Onshore Oil and Gas Operations; Office, at 307–367–5389 (Order 4); or ‘‘Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Richard Estabrook, BLM Ukiah (CA) Federal and Indian Oil and Gas Leases; Site Security; Measurement of Oil; and Field Office, at 707–468–4052 (Order 5). Measurement of Gas; Proposed Rule’’ Measurement of Gas For questions relating to regulatory (80 FR 61646). This proposed rule process issues, please contact Faith would update and replace the existing AGENCY: Bureau of Land Management, Bremner, BLM Washington Office, at requirements of Order 5, Measurement Interior. 202–912–7441 (all three Orders). of Gas, with new regulations that would ACTION: Proposed rules; reopening and Persons who use a telecommunications be codified in the CFR through the extension of public comment periods. device for the deaf (TDD) may call the amendment of 43 CFR part 3160 and the Federal Information Relay Service addition of a new subpart—43 CFR SUMMARY: In July, September, and (FIRS) at 1–800–877–8339 to contact the subpart 3175. This proposed rule would October, 2015, the Bureau of Land above individuals during normal strengthen the BLM’s policies governing Management (BLM) published three business hours. FIRS is available 24 production accountability by updating separate proposed rules in the Federal hours a day, 7 days a week to leave a its minimum standards for gas Register that would update and replace message or question for the above measurement to reflect changes in its existing oil and gas rules and individuals. You will receive a reply technology and industry practices. The standards for site security (Onshore Oil during normal business hours. comment period on the proposed rule to and Gas Order (Order) No. 3), oil SUPPLEMENTARY INFORMATION: replace Order 5 expires on December 14, measurement (Order No. 4), and gas 2015. measurement (Order No. 5) at onshore Background Since publication of these proposals, oil and gas facilities located on Federal On July 13, 2015, the BLM published the BLM has received a number of and Indian (except Osage Tribe) lands. in the Federal Register ‘‘Onshore Oil requests that the comment periods for This document reopens the comment and Gas Operations; Federal and Indian these proposed rules be reopened or period for the proposed rule pertaining Oil and Gas Leases; Site Security; extended, as appropriate, in order to to site security (Order 3) and extends Proposed Rule’’ (80 FR 40768). That provide additional opportunities for the

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public to provide input. In response to Additional information about the 2. Those that include citations to, and these requests, the BLM is: (1) meetings can be found on the BLM’s analyses of, the applicable laws and Reopening the comment period on Web site. regulations. Order 3 from the date of publication of Public Comment Procedures The BLM is not obligated to consider this Notice until December 14, 2015, If you wish to comment, you may or include in the Administrative Record and (2) Extending the comment period for the rule comments received after the on Order 4 until December 14, 2015. As submit your comments by any one of close of the comment period (see DATES) result, the comment periods on all three several methods: • or comments delivered to an address Proposed Rules will close on December Mail: You may mail comments to other than those listed above (see 14, 2015. U.S. Department of the Interior, Director (630), Bureau of Land Management, ADDRESSES). Comments will be available Public Outreach Meeting Mail Stop 2134LM, 1849 C Street NW., for public review at the address listed The BLM will also be holding three Washington, DC 20240, Attention: under ADDRESSES during regular hours public meetings on the proposed rules 1004–AE15 (for Site Security), 1004– (7:45 a.m. to 4:15 p.m.), Monday to replace Orders 3, 4, and 5. Those AE16 (for Oil Measurement), or 1004– through Friday, except holidays. meetings will be held at the following AE17 (for Gas Measurement). Before including your address, • Personal or messenger delivery: dates, times, and locations: telephone number, email address, or Bureau of Land Management, 20 M • Date/Time: December 1, 2015/1:00 other personal identifying information Street SE., Room 2134 LM, Attention: p.m. in your comment, be advised that your Regulatory Affairs, Washington, DC Location: Double Tree by Hilton, 501 20003. entire comment—including your Camino Del Rio, Durango, CO 81301, • Federal eRulemaking Portal: http:// personal identifying information—may (970) 259–6580 be made publicly available at any time. • www.regulations.gov. Follow the Date/Time: December 3, 2015/1:00 instructions at this Web site. While you can ask in your comment to p.m. Please make your comments as withhold from public review your Location: Renaissance Oklahoma City specific as possible by confining them to personal identifying information, we Convention Center Hotel, 10 N issues directly related to the content of cannot guarantee that we will be able to Broadway Avenue, Oklahoma City, OK the proposed rule, and explain the basis do so. 73102, (405) 228–8000 for your comments. The comments and Amanda C. Leiter, • Date/Time: December 8, 2015/1:00 recommendations that will be most p.m. useful and likely to influence agency Deputy Assistant Secretary for Land and Location: Astoria Hotel and Event decisions are: Minerals Management. Center, 363 15th St W., Dickinson, ND 1. Those supported by quantitative [FR Doc. 2015–29820 Filed 11–20–15; 8:45 am] 58601, (701) 456–5000 information or studies; and BILLING CODE 4310–84–P

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Notices Federal Register Vol. 80, No. 225

Monday, November 23, 2015

This section of the FEDERAL REGISTER collection techniques or other forms of program, FNS will decide whether the contains documents other than rules or information technology. uniform grant application package will proposed rules that are applicable to the Comments may be sent to: Lael meet the needs of that grant program. If public. Notices of hearings and investigations, Lubing, Food and Nutrition Service, FNS decides to use the uniform grant committee meetings, agency decisions and U.S. Department of Agriculture, 3101 application package, FNS will note in rulings, delegations of authority, filing of petitions and applications and agency Park Center Drive, Room 732, the grant solicitation that applicants statements of organization and functions are Alexandria, VA 22302. Comments may must use the uniform grant application examples of documents appearing in this also be submitted via fax to the attention package and that the information section. of Lael Lubing at 703–605–0363 or via collection has already been approved by email to [email protected]. OMB. If FNS decides not to use the Comments will also be accepted through uniform grant application package or DEPARTMENT OF AGRICULTURE the Federal eRulemaking Portal. Go to determines that it needs grant http://www.regulations.gov, and follow applicants to provide additional Food and Nutrition Service the online instructions for submitting information not contained in the comments electronically. uniform package, then FNS will publish Agency Information Collection All responses to this notice will be a notice soliciting comments on its Activities: Proposed Collection; summarized and included in the request proposal to collect different or Comment Request: Uniform Grant for Office of Management and Budget additional information before making Application Package for Discretionary approval. All comments will be a matter the grant solicitation. Grant Programs of public record. The uniform grant application AGENCY: Food and Nutrition Service FOR FURTHER INFORMATION CONTACT: package will include general (FNS), USDA. Requests for additional information or information and instructions; a ACTION: Notice. copies of this information collection checklist; a requirement for the program should be directed to Lael Lubing at narrative statement describing how the SUMMARY: In accordance with the 703–305–2048. grant objectives will be reached; the Paperwork Reduction Act of 1995, this SUPPLEMENTARY INFORMATION: Standard Form (SF) 424 series that notice invites the general public and Title: Uniform Grant Application request basic information, budget other public agencies to comment on Package for Discretionary Grant information, and a disclosure of this proposed information collection. Programs. lobbying activities certification. The This collection is a revision of a Form Number: SF–424 Form Family. proposed information collection currently approved collection. OMB Number: 0584–0512. covered by this notice is related to the The purpose of the Uniform Grant Expiration Date: August 31, 2016. requirements for the program narrative Application Package for Discretionary Type of Request: Revision of a statement. The requirements for the Grant Programs is to provide a currently approved collection. program narrative statement are based standardized format for the Abstract: FNS has a number of on the requirements for program development of all Requests for discretionary grant programs. narrative statements described in 2 CFR Applications for discretionary grant (Consistent with the definition in 2 CFR part 200, Appendix I, and will apply to programs released by the Food and part 200, the term ‘‘grant’’ as used in all types of grantees—State and Local Nutrition Service (FNS) Agency and to this notice includes cooperative governments, Indian Tribal allow for a more expeditious OMB agreements.) The authorities for these organizations, Non-Profit organizations, clearance process. grants vary and will be cited as part of Institutions of Higher Education, and DATES: Written comments must be each grant application solicitation. The For-Profit organizations. The received on or before January 22, 2016. purpose of the revision to the currently information collection burden related to ADDRESSES: Comments are invited on: approved collection for the Uniform the SF–424 series, and the lobbying (a) Whether the proposed collection of Grant Application Package for certification forms have been separately information is necessary for the proper Discretionary Grant Programs is to approved by OMB. performance of the functions of the continue the authority for the Affected Public: State and local agency, including whether the established uniform grant application governments, Indian Tribal information shall have practical utility; package and to update the number of organizations, Non-Profit organizations, (b) the accuracy of the agency’s estimate collection burden hours. The uniform Institutions of Higher Education, and of the burden of the proposed collection collection package is useable for all of For-Profit organizations. of information, including the validity of FNS’ discretionary grant programs to Estimated Number of Respondents: the methodology and assumptions that collect information from grant 1,594. were used; (c) ways to enhance the applicants that are needed to evaluate quality, utility, and clarity of the and rank applicants and protect the Number of Responses per information to be collected; and (d) integrity of the grantee selection Respondent: 18.03. ways to minimize the burden of the process. All FNS discretionary grant Estimated Total Annual Responses: collection of information on those who programs will be eligible, but not 28,742. are to respond, including use of required, to use the uniform grant Hours per Response: 3.94 Average. appropriate automated, electronic, application package. Before soliciting Estimated Total Annual Burden on mechanical, or other technological applications for a discretionary grant Respondents: 113,137.

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Annual grant opportunities Estimated Number of Frequency of Total annual Estimated time total annual respondents responses responses per response burden hours

Pre-Award Annual Total Reporting Burden 950 1 950 60 57,000

Annual post award reporting burden totals

Number of Frequency of Total annual Estimated time Estimated respondents responses responses per response total annual burden hours

Post-Award Total Reporting Burden ...... 644 38 24,472 2 .26 55,307

Grand Total Annual Reporting Burden 1,594 15 .95 25,422 4 .42 112,307

Number of Annual number Estimated Hours per Total burden recordkeepers records per total annual recordkeeper respondent records

Post Award Recordkeeping Total Burden Estimates ...... 332 10 3,320 0 .25 830

Grand Total ...... 1,594 18 .03 28,742 3 .94 113,137

Dated: November 16, 2015. were used; (c) ways to enhance the Title: Review of Supplemental Audrey Rowe, quality, utility, and clarity of the Nutrition Assistance Program/Medicaid Administrator, Food and Nutrition Service. information to be collected; and (d) Eligibility Technology Integration. [FR Doc. 2015–29695 Filed 11–20–15; 8:45 am] ways to minimize the burden of the Form Number: N/A. BILLING CODE 3410–30–P collection of information on those who OMB Number: 0584–NEW. are to respond, including use of Expiration Date: Not Yet Determined. appropriate automated, electronic, Type of Request: New information DEPARTMENT OF AGRICULTURE mechanical, or other technological collection request. collection techniques or other forms of Food and Nutrition Service Abstract: The Supplemental Nutrition information technology. Assistance Program (SNAP), (The Food Agency Information Collection Comments may be sent to: Sasha and Nutrition Act of 2008 [As Amended Activities: Proposed Collection; Gersten-Paal, Food and Nutrition Through Pub. L. 113–128, Enacted July Comment Request—Review of Service, U.S. Department of Agriculture, 22, 2014]) provides nutrition assistance Supplemental Nutrition Assistance 3101 Park Center Drive, Room 812, benefits to millions of eligible, low- Program/Medicaid Eligibility Alexandria, VA 22302. Comments may income individuals and families Technology Integration also be submitted via fax to the attention nationwide. SNAP is administered by of Sasha Gersten-Paal at 703–305–2454 FNS, but operates at the State and local AGENCY: Food and Nutrition Service or via email to Sasha.Gersten-Paal@ level. States have varying degrees of (FNS), USDA. fns.usda.gov. Comments will also be integration across their health and ACTION: Notice. accepted through the Federal human service programs. To meet eRulemaking Portal. Go to http:// statutory requirements of the Patient SUMMARY: In accordance with the www.regulations.gov, and follow the Protection and Affordable Care Act Paperwork Reduction Act of 1995, this online instructions for submitting (Pub. L. 111–148), many States have notice invites the general public and comments electronically. altered their technical platforms and other public agencies to comment on All written comments will be open for business processes. In order to assess this proposed information collection. public inspection at the office of the how these changes may have positively This is a new collection for the purpose Food and Nutrition Service during or negatively impacted SNAP, FNS of identifying best practices and regular business hours (8:30 a.m. to 5:00 proposes to collect information on State informing future FNS policy decisions p.m., Monday through Friday) at 3101 agency structure, staffing, and pertaining to State eligibility system Park Center Drive, Room 1014 operations; eligibility system and integration. Alexandria, Virginia 22302. business process functions; application DATES: Written comments must be All responses to this notice will be procedures; the nature of relationships received on or before January 22, 2016. summarized and included in the request and connections between Medicaid and ADDRESSES: Comments are invited on: for Office of Management and Budget SNAP; and other details relevant to (a) Whether the proposed collection of approval. All comments will be a matter understanding how clients engage State information is necessary for the proper of public record. systems and ways in which their access performance of the functions of the to SNAP can be enhanced. Specifically, agency, including whether the FOR FURTHER INFORMATION CONTACT: this information collection will be information shall have practical utility; Requests for additional information or undertaken through administration of a (b) the accuracy of the agency’s estimate copies of this information collection voluntary Integration/Operations Survey of the burden of the proposed collection should be directed to Jennifer McNabb to 50 States, the District of Columbia, of information, including the validity of at 703–305–2142. Guam, and the U.S. Virgin Islands. the methodology and assumptions that SUPPLEMENTARY INFORMATION: Based on previous experience, we

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anticipate a 60 percent response rate (32 Members of the public are entitled to COMMERCE/DEPT–5, Freedom of of 53 State SNAP directors). make comments during the open period Information Act and Privacy Act Affected Public: 53 State, Local and at the end of the meeting. Members of Request Records. Tribal Government Agencies: the public may also submit written Respondent group identified includes comments. The comments must be SUMMARY: The Department of Commerce approximately 32 State SNAP directors received in the Western Regional Office publishes this notice to announce the who will complete 1 survey annually of the Commission by January 15, 2016. effective date of a Privacy Act System of which will take approximately 45 The address is Western Regional Office, Records notice entitled Notice of minutes each to complete. U.S. Commission on Civil Rights, 300 N. Amendment to: COMMERCE/DEPT–5, Estimated Total Annual Number of Los Angeles Street, Suite 2010, Los Freedom of Information Act and Privacy Respondents: 32. Angeles, CA 90012. Persons wishing to Act Request Records. Estimated Total Annual Number of email their comments may do so by DATES: The system of records Responses per Respondent: 1. sending them to Peter Minarik, Regional amendment becomes effective on Estimated Total Annual Responses: Director, Western Regional Office, at November 23, 2015. 32. [email protected]. Persons who ADDRESSES: For a copy of the system of Estimated Time per Response: .75 desire additional information should records please mail requests to: Michael hours per respondent. contact the Western Regional Office, at J. Toland, Freedom of Information and Estimated Total Annual Burden on (213) 894–3437, (or for hearing impaired Privacy Act Officer, Office of Privacy Respondents: 24 burden hours. TDD 913–551–1414), or by email to and Open Government, 1401 [email protected]. Hearing-impaired Dated: November 16, 2015. Constitution Ave. NW., Room 52010, persons who will attend the meeting Washington, DC 20230. Audrey Rowe, and require the services of a sign Administrator, Food and Nutrition Service. FOR FURTHER INFORMATION CONTACT: language interpreter should contact the Michael J. Toland, Freedom of [FR Doc. 2015–29697 Filed 11–20–15; 8:45 am] Regional Office at least ten (10) working Information and Privacy Act Officer, BILLING CODE 3410–30–P days before the scheduled date of the Office of Privacy and Open Government, meeting. 1401 Constitution Ave. NW., Room Records and documents discussed 52010, Washington, DC 20230. COMMISSION ON CIVIL RIGHTS during the meeting will be available for public viewing prior to and after the SUPPLEMENTARY INFORMATION: On Notice of Public Meeting of the meeting at http://facadatabase.gov/ October 9, 2015 (80 FR 61162), the Washington State Advisory Committee committee/meetings.aspx?cid=299 and Department of Commerce published and for the Purpose To Discuss clicking on the ‘‘Meeting Details’’ and sought comment on a notice in the Recommendations Regarding School ‘‘Documents’’ links. Records generated Federal Register, entitled ‘‘Notice of Integration from this meeting may also be inspected Proposed Amendment to Privacy Act and reproduced at the Western Regional System of Records: COMMERCE/DEPT– AGENCY: U.S. Commission on Civil Office, as they become available, both 5, Freedom of Information Act and Rights. before and after the meeting. Persons Privacy Act Request Records.’’ Data ACTION: Announcement of meeting. interested in the work of this Committee elements for this system of records were are directed to the Commission’s Web provided in the October 9, 2015, notice SUMMARY: Notice is hereby given, site, http://www.usccr.gov, or may and are not repeated here. No comments pursuant to the provisions of the rules contact the Western Regional Office at were received in response to the request and regulations of the U.S. Commission the above email or street address. for comments. By this notice, the on Civil Rights (Commission) and the Agenda: Department of Commerce is adopting Federal Advisory Committee Act 3:00 p.m.—Committee discussion on the proposed changes to the system as (FACA) that a meeting of the school integration final without changes effective Washington State Advisory Committee 4:00 p.m.—Public comment November 23, 2015. (Committee) to the Commission will be Adjournment Dated: November 17, 2015. held on Tuesday, December 15, 2015, DATES: Tuesday, November 17, 2015 Michael J. Toland, for the purpose to discuss FOR FURTHER INFORMATION CONTACT: recommendations regarding school Department of Commerce, Freedom of Peter Minarik, DFO, at (213) 894–3437 Information and Privacy Act Officer. integration. or [email protected]. This meeting is available to the public [FR Doc. 2015–29834 Filed 11–20–15; 8:45 am] through the following toll-free call-in Dated: November 17, 2015. BILLING CODE 3510–17–P number: 888–503–8169, conference ID: David Mussatt, 145200. Any interested member of the Chief, Regional Programs Coordination Unit. DEPARTMENT OF COMMERCE public may call this number and listen [FR Doc. 2015–29741 Filed 11–20–15; 8:45 am] to the meeting. Callers can expect to BILLING CODE 6335–01–P [Docket No. 150911845–5999–02] incur charges for calls they initiate over wireless lines, and the Commission will Privacy Act of 1974, Altered System of not refund any incurred charges. Callers DEPARTMENT OF COMMERCE Records will incur no charge for calls they [Docket No. 150806686–5999–02] AGENCY: National Oceanic and initiate over land-line connections to Atmospheric Administration, U.S. the toll-free telephone number. Persons Privacy Act System of Records, Department of Commerce. with hearing impairments may also Amended System of Records ACTION: Notice of Proposed Amendment follow the proceedings by first calling to Privacy Act System of Records: the Federal Relay Service at 1–800–977– AGENCY: U.S. Department of Commerce, COMMERCE/NOAA–16, Crab Economic 8339 and providing the Service with the Office of the Secretary. Data Report (EDR) for BSAI off the Coast conference call number and conference ACTION: Notice of Amendment to of Alaska. ID number. Privacy Act System of Records:

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SUMMARY: The Department of Commerce DATES: The system of records becomes status materials and components and publishes this notice to announce the effective on November 23, 2015. specific finished products described in effective date of a Privacy Act System of ADDRESSES: For a copy of the system of the submitted notification (as described Records notice entitled ‘‘Notice of records please mail requests to: Sarah below) and subsequently authorized by Proposed Amendment to Privacy Act Brabson, NOAA Office of the Chief the FTZ Board. System of Records: COMMERCE/ Information Officer, Room 9856, 1315 Production under FTZ procedures NOAA–16, Crab Economic Data Report East-West Highway, Silver Spring, MD could exempt BMWMC from customs (EDR) for BSAI off the Coast of Alaska.’’ 20910. duty payments on the foreign status DATES: The system of records becomes FOR FURTHER INFORMATION CONTACT: effective on November 23, 2015. materials and components used in Sarah Brabson, NOAA Office of the export production. On its domestic ADDRESSES: For a copy of the system of Chief Information Officer, Room 9856, sales, BMWMC would be able to choose records please mail requests to: Sarah 1315 East-West Highway, Silver Spring, the duty rates during customs entry Brabson, NOAA Office of the Chief MD 20910. Information Officer, Room 9856, 1315 procedures that apply to stamped body SUPPLEMENTARY INFORMATION: On parts and lithium-ion batteries (duty East-West Highway, Silver Spring, MD October 9, 2015 (80 FR 61160), the 20910. rates: 2.5% and 3.4%, respectively) for Department of Commerce published a the foreign status materials and FOR FURTHER INFORMATION CONTACT: notice in the Federal Register, entitled components noted below and in the Patsy A. Bearden, NMFS Alaska Region, ‘‘Notice of Privacy Act System of existing scope of authority. Customs Suite 401, 709 West Ninth Street, P.O. Records: COMMERCE/NOAA–11, Box 21668, Juneau, Alaska 99802. Contact Information for Members of the duties also could possibly be deferred or reduced on foreign status production SUPPLEMENTARY INFORMATION: On Public Requesting or Providing October 9, 2015 (80 FR 61157), the Information Related to NOAA’s equipment. Department of Commerce published a Mission,’’ requesting comments on a The materials and components notice in the Federal Register, entitled proposed new system of records. No sourced from abroad include: Lithium- ‘‘Notice of Proposed Amendment to comments were received in response to ion cell modules; polyester fleece vent Privacy Act System of Records: the request for comments. By this pads (HTSUS Subheadings 5911.90); COMMERCE/NOAA–16, Crab Economic notice, the Department of Commerce is water heater units with sensors; trunk Data Report (EDR) for BSAI off the Coast adopting the proposed system as final lid spindle drives; dynamic stability/ of Alaska,’’ requesting comments on without changes effective November 23, variable damper control devices; engine proposed amendments to the system of 2015. support/liquid filled mounts; TV video records. No comments were received in Dated: November 17, 2015. monitors; TV receiver modules response to the request for comments. Michael J. Toland, assemblies; trunk lid noise suppression By this notice, the Department of Freedom of Information and Privacy Act filters; night vision modules; and heads Commerce is adopting the proposed Officer, Department of Commerce. up display modules (duty rate ranges changes to the system as final without [FR Doc. 2015–29831 Filed 11–20–15; 8:45 am] from free to 5.0%). Inputs classified changes effective November 23, 2015. BILLING CODE 3510–22–P within HTSUS Subheading 5911.90 will Dated: November 17, 2015. be admitted to Subzone 38A under Michael J. Toland, privileged foreign status (19 CFR Freedom of Information and Privacy Act DEPARTMENT OF COMMERCE 146.41), thereby precluding inverted Officer, Department of Commerce. tariff benefits on such items. [FR Doc. 2015–29830 Filed 11–20–15; 8:45 am] Foreign-Trade Zones Board Public comment is invited from BILLING CODE 3510–22–P [B–79–2015] interested parties. Submissions shall be Notification of Proposed Production addressed to the FTZ Board’s Executive DEPARTMENT OF COMMERCE Activity; BMW Manufacturing Co., LLC, Secretary at the address below. The closing period for their receipt is [Docket No.: 150902800–5999–02] Subzone 38A (Motor Vehicle Body Parts and Lithium-Ion Batteries), January 4, 2016. Privacy Act of 1974, New System of Spartanburg, South Carolina A copy of the notification will be Records BMW Manufacturing Co., LLC available for public inspection at the Office of the Executive Secretary, AGENCY: National Oceanic and (BMWMC), operator of Subzone 38A, Atmospheric Administration, U.S. submitted a notification of proposed Foreign-Trade Zones Board, Room Department of Commerce. production activity to the FTZ Board for 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., ACTION: Notice of Privacy Act System of its facility in Spartanburg, South Records: COMMERCE/NOAA–11, Carolina. The notification conforming to Washington, DC 20230–0002, and in the Contact Information for Members of the the requirements of the regulations of ‘‘Reading Room’’ section of the FTZ Public Requesting or Providing the FTZ Board (15 CFR 400.22) was Board’s Web site, which is accessible Information Related to NOAA’s Mission. received on October 27, 2015. via www.trade.gov/ftz. BMWMC already has authority to For further information, contact Pierre SUMMARY: The Department of Commerce produce passenger sedans, coupes, sport Duy at [email protected] or (202) publishes this notice to announce the utility vehicles, and related bodies. The 482–1378. effective date of a Privacy Act System of current request would add new finished Records notice entitled ‘‘Notice of products (stamped body parts, lithium- Dated: November 16, 2015. Privacy Act System of Records: ion batteries) and foreign-status Andrew McGilvray, COMMERCE/NOAA–11, Contact materials and components to the scope Executive Secretary. Information for Members of the Public of authority. Pursuant to 15 CFR [FR Doc. 2015–29811 Filed 11–20–15; 8:45 am] Requesting or Providing Information 400.14(b), additional FTZ authority BILLING CODE 3510–DS–P Related to NOAA’s Mission.’’ would be limited to the specific foreign-

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DEPARTMENT OF COMMERCE materials prior to the meeting to Ms. Closed Session Springer via email. Bureau of Industry and Security The Assistant Secretary for 8. Discussion of matters determined to Administration, with the concurrence of be exempt from the provisions Emerging Technology and Research the delegate of the General Counsel, relating to public meetings found in Advisory Committee; Notice of formally determined on February 25, 5 U.S.C. app. 2 §§ 10(a)(1) and Partially Closed Meeting 2015, pursuant to Section l0(d) of the 10(a)(3). The Emerging Technology and Federal Advisory Committee Act, as The open session will be accessible Research Advisory Committee (ETRAC) amended, that the portion of the via teleconference to 25 participants on will meet on December 10, 2015, 8:45 meeting dealing with matters the of a first come, first serve basis. To join the a.m., Room 3884, at the Herbert C. which would be likely to frustrate conference, submit inquiries to Ms. Hoover Building, 14th Street between significantly implementation of a Yvette Springer at Yvette.Springer@ Pennsylvania and Constitution Avenues proposed agency action as described in bis.doc.gov no later than December 1, NW., Washington, DC. The Committee 5 U.S.C. 552b(c) (9) (B) shall be exempt 2015. advises the Office of the Assistant from the provisions relating to public A limited number of seats will be Secretary for Export Administration on meetings found in 5 U.S.C. app. 2 emerging technology and research §§ 10(a)1 and 10(a) (3). The remaining available for the public session. activities, including those related to portions of the meeting will be open to Reservations are not accepted. To the deemed exports. the public. extent that time permits, members of the For more information, call Yvette public may present oral statements to Agenda Springer at (202) 482–2813. the Committee. The public may submit written statements at any time before or Open Session Dated: November 18, 2015. after the meeting. However, to facilitate 1. Welcome and Opening Remarks Yvette Springer, 2. Update and discussion of new Export the distribution of public presentation Committee Liaison Officer. materials to the Committee members, Control Reform Initiative Activities: [FR Doc. 2015–29814 Filed 11–20–15; 8:45 am] BIS definitions rule-fundamental the Committee suggests that presenters BILLING CODE 3510–JT–P research and technology Regulatory forward the public presentation and Policy Division, Bureau of materials prior to the meeting to Ms. Industry and Security DEPARTMENT OF COMMERCE Springer via email. 3. Issues involving Academic The Assistant Secretary for Institutions/Scientific Institution on Bureau of Industry and Security Administration, with the concurrence of Export Controls the delegate of the General Counsel, 4. Reports from ETRAC Committee Regulations and Procedures Technical formally determined on February 24, Advisory Committee; Notice of members of their assigned 2015, pursuant to Section 10(d) of the categories in reviewing the Export Partially Closed Meeting Federal Advisory Committee Act, as Administration Regulation; amended (5 U.S.C. app. 2 § (10)(d)), that discussion on one or two emerging The Regulations and Procedures the portion of the meeting dealing with ‘‘dual-use-potential’’ technologies. Technical Advisory Committee (RPTAC) Review of technologies and decide will meet December 8, 2015, 9:00 a.m., pre-decisional changes to the Commerce those to pursue for the next meeting Room 3884, in the Herbert C. Hoover Control List and U.S. export control 5. Comments and question from the Building, 14th Street between policies shall be exempt from the Public Constitution and Pennsylvania Avenues provisions relating to public meetings NW., Washington, DC. The Committee found in 5 U.S.C. app. 2 §§ 10(a)(1) and Closed Session advises the Office of the Assistant 10(a)(3). The remaining portions of the 6. Discussion of matters determined to Secretary for Export Administration on meeting will be open to the public. be exempt from the provisions implementation of the Export For more information, call Yvette Administration Regulations (EAR) and relating to public meetings found in Springer at (202) 482–2813. 5 U.S.C. app. 2 §§ 10(a)(1) and provides for continuing review to l0(a)(3). update the EAR as needed. Dated: November 18, 2015. Yvette Springer, The open sessions will be accessible Agenda via teleconference to 25 participants on Committee Liaison Officer. a first come, first serve basis. To join the Public Session [FR Doc. 2015–29817 Filed 11–20–15; 8:45 am] conference, submit inquiries to Ms. 1. Opening remarks by the Chairman BILLING CODE 3510–JT–P Yvette Springer at Yvette.Springer@ 2. Opening remarks by the Bureau of bis.doc.gov no later than, December 3, Industry and Security 2015. A limited number of seats will be 3. Discussion/Workshop: Wassenaar available for the public session. Arrangement 2013 Plenary Reservations are not accepted. To the Agreements Implementation: extent that time permits, members of the Intrusion and Surveillance Items— public may present oral statements to overview of US CERT program; the Committee. The public may submit presentations by manufacturing and written statements at any time before or financial sectors after the meeting. However, to facilitate 4. Presentation of papers or comments the distribution of public presentation by the Public materials to the Committee members, 5. Regulations update the Committee suggests that presenters 6. Working group reports forward the public presentation 7. Automated Export System update

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DEPARTMENT OF COMMERCE Electric (Yixing) MAGI Solar Power requirements of Timken. Accordingly, Technology Co., Ltd. (‘‘Dongfang the Department will continue the International Trade Administration Electric’’), and Sumec Hardware & Tools suspension of liquidation of the subject [A–570–979] Co., Ltd. (‘‘Sumec Hardware’’). merchandise pending the expiration of DATES: Effective Date: October 15, 2015. the period of appeal, or if appealed, Crystalline Silicon Photovoltaic Cells, FOR FURTHER INFORMATION CONTACT: Jeff pending a final and conclusive court Whether or Not Assembled Into Pedersen, AD/CVD Operations, Office decision. Modules, From the People’s Republic IV, Enforcement and Compliance— Amended Final Determination of China: Notice of Court Decision Not International Trade Administration, Because there is now a final court in Harmony With Final Determination U.S. Department of Commerce, 14th decision with respect to this case, the of Investigation and Notice of Street and Constitution Avenue NW., Department is amending its Amended Final Determination of Washington, DC, 20230; telephone (202) Investigation Final Determination with Investigation Pursuant to Court 482–2769. Decision respect to granting separate rates to SUPPLEMENTARY INFORMATION: Tianwei New Energy, Dongfang Electric, AGENCY: Enforcement and Compliance, Background and Sumec Hardware. We have found International Trade Administration, that Tianwei New Energy, Dongfang Subsequent to the publication of the Department of Commerce. Electric, and Sumec Hardware do not SUMMARY: On October 5, 2015, the Amended Final Determination, meet the criteria for a separate rate. United States Court of International SolarWorld Americas, Inc. filed a Accordingly, these companies are part Trade (‘‘CIT’’) issued its final judgment complaint with the CIT challenging, in of the PRC-wide entity. Additionally, in Jiangsu Jiasheng Photovoltaic part, the Department’s determination the Department will instruct U.S. Technology Co., Ltd. v. United States that certain separate-rate applicants Customs and Border Protection to Consol. Court No. 13–000121 sustaining were eligible for a separate rate. collect cash deposits from Tianwei New the Department of Commerce’s (‘‘the On June 6, 2014, the United States Energy, Dongfang Electric, and Sumec Department’’) final results of remand requested a voluntary remand to Hardware at the cash deposit rate redetermination.2 Consistent with the reconsider and reevaluate its applicable to the PRC-wide entity, decision of the United States Court of determination to grant a separate rate to effective October 15, 2015. The current Appeals for the Federal Circuit four specific respondents: Tianwei New cash deposit rate applicable to the PRC- (‘‘CAFC’’) in Timken Co. v. United Energy, Dongfang Electric, Sumec wide entity is 238.95 percent.5 States, 893 F.2d 337 (Fed. Cir. 1990) Hardware, and Ningbo ETDZ Holdings This notice is issued and published in (‘‘Timken’’), as clarified by Diamond Ltd. (‘‘Ningbo ETDZ’’). On November accordance with sections 516A(e)(1), Sawblades Mfrs. Coalition v. United 20, 2014, the CIT granted the 735(d), and 777(i)(1) of the Act. States, 626 F.3d 1374 (Fed. Cir. 2010) Department’s request for a voluntary (‘‘Diamond Sawblades’’), the remand. Dated: November 17, 2015. Department is notifying the public that On April 20, 2015, the Department Paul Piquado, the final judgment in this case is not in issued its Remand Results, in which the Assistant Secretary for Enforcement and harmony with the Department’s Final Department determined that Tianwei Compliance. Determination and Amended Final New Energy, Dongfang Electric, and [FR Doc. 2015–29804 Filed 11–20–15; 8:45 am] Determination in the antidumping duty Sumec Hardware did not meet the BILLING CODE 3510–DS–P investigation of crystalline silicon criteria for a separate rate, but that photovoltaic cells, whether or not Ningbo ETDZ did meet the criteria for assembled into modules (‘‘solar cells’’), a separate rate. DEPARTMENT OF COMMERCE from the People’s Republic of China On October 5, 2015, the Court issued (‘‘PRC’’),3 and is amending its its decision in Jiangsu II sustaining the National Oceanic and Atmospheric determination with respect to granting Department’s Remand Results.4 Administration separate rates to three specific RIN 0648–XE320 respondents: Tianwei New Energy Timken Notice (Chengdu) PV Module Co., Ltd. In its decision in Timken, 893 F.2d at Caribbean Fishery Management (‘‘Tianwei New Energy’’), Dongfang 341, as clarified by Diamond Sawblades, Council; Public Meeting the CAFC held that, pursuant to section 1 See Jiangsu Jiasheng Photovoltaic Technology 516A(e) of the Tariff Act of 1930, as AGENCY: National Marine Fisheries Co., Ltd. v. United States, Consol. Court No. 13– amended (‘‘the Act’’), the Department Service (NMFS), National Oceanic and 00012, Slip Op. 15–113 (CIT October 5, 2015) Atmospheric Administration (NOAA), (‘‘Jiangsu II’’). must publish a notice of a court 2 See Final Results of Redetermination Pursuant decision that is not ‘‘in harmony’’ with Commerce. to Court Order, Jiangsu Jiasheng Photovoltaic a Department determination and must ACTION: Notice of a public meeting. Technology Co., Ltd. v. United States, Consol. Court suspend liquidation of entries pending No. 13–00012 (April 20, 2015) (‘‘Remand Results’’). a ‘‘conclusive’’ court decision. The CIT’s SUMMARY: The Caribbean Fishery 3 See Crystalline Silicon Photovoltaic Cells, Management Council’s (Council) Whether or Not Assembled into Modules, from the October 5, 2015, judgment sustaining People’s Republic of China: Final Determination of the Department’s Remand Results to not Scientific and Statistical Committee Sales at Less Than Fair Value, and Affirmative grant separate rates to Tianwei New Final Determination of Critical Circumstances, in Energy, Dongfang Electric, and Sumec 5 Although the Department noted in the Remand Part, 77 FR 63791 (October 17, 2012) (‘‘Final Results that the cash deposit rate applicable to the Determination’’); Crystalline Silicon Photovoltaic Hardware, constitutes a final decision of PRC-wide entity is 249.96 percent, the current cash Cells, Whether or Not Assembled Into Modules, that court that is not in harmony with deposit rate, after adjusting for subsidies, is 238.95 From the People’s Republic of China: Amended the Department’s Investigation Final percent. See Crystalline Silicon Photovoltaic Cells, Final Determination of Sales at Less Than Fair Determination. This notice is published Whether or Not Assembled Into Modules, From the Value, and Antidumping Duty Order, 77 FR 73018 People’s Republic of China: Final Results of (December 7, 2012) (‘‘Amended Final in fulfillment of the publication Antidumping Duty Administrative Review and Determination’’) (collectively, ‘‘Investigation Final Final Determination of No Shipments; 2012–2013, Determination’’). 4 See Jiangsu II. 80 FR 40998, 41002 n.50 (July 14, 2015).

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(SSC) will meet in San Juan, Puerto auxiliary aids, please contact Mr. • Fax to (978) 465–3116. Rico. Miguel A. Rolo´n, Executive Director, Requests for copies of the DATES: The meetings will be held on Caribbean Fishery Management Council, Amendment 22 scoping document and December 8–10, 2015. See 270 Mun˜ oz Rivera Avenue, Suite 401, other information should be directed to SUPPLEMENTARY INFORMATION for specific San Juan, Puerto Rico, 00918–1903, Thomas A. Nies, Executive Director, dates and times. telephone (787) 766–5926, at least 5 New England Fishery Management days prior to the meeting date. Council, 50 Water Street, Mill 2, ADDRESSES: The meetings will be held at Dated: November 18, 2015. Newburyport, MA 01950, telephone the Caribbean Fishery Management (978) 465–0492. The scoping document ˜ Tracey L. Thompson, Council Headquarters, 270 Munoz is accessible electronically via the Acting Deputy Director, Office of Sustainable Rivera Avenue, Suite 401, San Juan, Internet at http://www.nefmc.org. Puerto Rico 00918. Fisheries, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2015–29783 Filed 11–20–15; 8:45 am] Thomas A. Nies, Executive Director, BILLING CODE 3510–22–P Caribbean Fishery Management Council, New England Fishery Management ˜ 270 Munoz Rivera Avenue, Suite 401, Council, (978) 465–0492. San Juan, Puerto Rico 00918–1903; telephone: (787) 766–5926. DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: The National Oceanic and Atmospheric Background Caribbean Fishery Management Administration The New England Fishery Council’s SSC will hold a three-day RIN 0648–XE308 Management Council, working through meeting to discuss the items contained its public participatory committee and in the following agenda: Fisheries of the Northeastern United meeting processes, anticipates the December 8, 2015, 9 a.m.–5 p.m. States; Northeast Multispecies Fishery development of an amendment that may be analyzed through an environmental Æ Call to Order Management Plan; Notice of Intent To Æ Prepare an Environmental Impact impact statement (EIS), dependent on Island-Based Fishery Management: addressing applicable criteria in the Choosing Species to be Included for Statement; Scoping Process; Request for Comments Council on Environmental Quality Federal Management Within Each regulations and guidance for Island Group AGENCY: National Marine Fisheries implementing the National • Review Draft List of Species Selected Service (NMFS), National Oceanic and Environmental Policy Act (NEPA). for Management—Review Atmospheric Administration (NOAA), Amendment 22 to the Northeast Æ Puerto Rico Commerce. Multispecies Fishery Management Plan Æ St. Croix ACTION: Notice; intent to prepare an (FMP) is anticipated to consider criteria Æ St. Thomas/St. John environmental impact statement and that would restrict access to the directed • Next Steps in Developing Island initiate scoping process; request for whiting fishery based on past Based comments. Æ Action 2—Species Complexes— participation by vessels in the fishery and possibly other factors through the SERO Update SUMMARY: The New England Fishery • SEDAR 46 U. S. Caribbean Data- establishment of a limited entry Management Council announces its program. Amendment 22 would also Limited Species Workshop Update intention to prepare, in cooperation Æ determine limits and fishery regulations Data Review—SEFSC with NMFS, an environmental impact Æ Alternative Methods for that would apply to qualifying and non- statement in accordance with the qualifying vessels. Establishing Reference Points National Environmental Policy Act. An Æ Review Methods SEFSC The small-mesh multispecies fishery environmental impact statement may be is managed through a set of exemptions December 9, 2015, 9 a.m.–5 p.m. necessary to provide analytical support from the requirements of the ‘‘large- • for Amendment 22 to the Northeast mesh’’ multispecies fishery. The current SEDAR 46 U. S. Caribbean Data- Multispecies Fishery Management Plan, Limited Species Workshop Update small-mesh exemptions under the FMP which would set criteria for a limited were first established in Amendment 5 (continued) entry program for the small-mesh Æ Data Review—SEFSC in 1994. Amendment 5 prevented Æ multispecies (whiting) fishery. This fishing with mesh smaller than the Alternative Methods for notice is to alert the interested public of Establishing Reference Points established minimum size in Gulf of Æ the scoping process and potential Maine/Georges Bank Regulated Mesh Review Methods SEFSC development of a draft environmental • Next Steps in Developing Island Areas, unless exempted fisheries could impact statement and to outline be established that reduce the bycatch of Based opportunity for public participation in Æ Action 3—Reference Points regulated multispecies to less than 5 that process. Æ Other Needed Actions percent of the total weight of fish on Æ 5 year CFMC Research Plan DATES: Written and electronic scoping board. Since that time, experimental comments must be received on or before and exempted fisheries for small-mesh December 10, 2015, 9 a.m.—12 p.m. 5 p.m., local time, January 7, 2016. multispecies in this area have evolved • Finalize 5 year CFMC Research Plan ADDRESSES: Written scoping comments through cooperative experimentation, • Review average landings relative to on Amendment 22 may be sent by any gear research, and gear technologies that ACLs and proposed closures of the following methods: significantly reduce bycatch of non- • Email to the following address: target species, especially regulated Special Accommodations [email protected]; multispecies. These meetings are physically • Mail to Thomas A. Nies, Executive A number of amendments and accessible to people with disabilities. Director, New England Fishery framework adjustments revised For more information or request for sign Management Council, 50 Water Street, management of the small-mesh fishery, language interpretation and other Mill 2, Newburyport, MA 01950; or including the relationships between

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retention limits and net mesh size, Years 2015–2017 (http:// attending one of the four scoping created and then modified a seasonal www.nefmc.org/library/2015–2017- meetings for this amendment. Scoping raised footrope trawl fishery in Cape whiting-specifications), taken in consists of identifying the range of Cod Bay, made minor modifications to response to an operational assessment actions, alternatives, and impacts to be several related measures, and created a that updated the stock status and to considered. At this time in the process, raised footrope trawl whiting fishery in make a correction to the northern red the Council believes that the the inshore Gulf of Maine. Using a hake accountability measure. The alternatives considered in Amendment September 9, 1996, control date, the operational assessment determined that 22 would consider limited access Council developed and submitted overfishing of northern red hake was criteria based on a vessel’s history in the Amendment 12 to establish limited occurring in 2013 (http:// fishery and possibly other factors, as access criteria during 1999. Due to s3.amazonaws.com/nefmc.org/SAFE- well as limits and fishing restrictions concerns about equity and overfishing, Report-for-Fishing-Year-2013.pdf), a that would apply to qualifying and non- the limited access criteria in this situation that the Council addressed by qualifying vessels. After the scoping amendment were disapproved (See the changing the ABC and reducing process is completed, the Council will final rule (65 FR 6766; March 29, 2000) northern red hake possession limits. begin development of Amendment 22 for Amendment 12 here: http:// The assessment detected a large 2013 and will prepare an EIS to analyze the www.greateratlantic.fisheries.noaa.gov/ year class, but its size was imprecise impacts of the range of alternatives sfd/multifr/65FR16765.pdf). and it would not enter the fishery until under consideration. In 2006, the Council held new 2015–2016. Because this large year class Impacts may be direct, indirect, or scoping hearings for an second limited could cause excessive discards with the cumulative. The Council will hold entry amendment, which at the time reduced northern red hake possession public hearings to receive comments on was known as Amendment 15 (http:// limits, a new operational red hake the draft amendment and on the www.greateratlantic.fisheries.noaa.gov/ assessment was requested and presented analysis of its impacts presented in the sfd/multifr/65FR16765.pdf) and began to the Council in September 2015. The Draft EIS. In addition to soliciting development of limited access Council is considering adjusting the red comment on this notice, the public will alternatives using March 25, 2003, hake specifications based on that have the opportunity to comment on the control date and fishery data (dealer and update. measures and alternatives being VTR) through 2005. Extensive analyses Amendment 22 considered by the Council through were completed through May 2007 by public meetings and public comment The purpose of Amendment 22 is to Whiting Advisors and the Small Mesh periods consistent with NEPA, the implement measures that would prevent Multispecies Committee to develop and Magnuson-Stevens Act, and the unrestrained increases in fishing effort evaluate alternatives. Concerns were Administrative Procedure Act. The by new entrants to the fishery. The need raised, and potential solutions following scoping meetings have been for the amendment is to reduce the generated, to address ‘‘historic’’ whiting scheduled. The Council will take and potential for a rapid escalation of the fisheries that had lost access in the mid- discuss scoping comments on this 2000s due to groundfish restrictions small-mesh multispecies fishery, amendment at the following public and/or changes in availability of small- possibly causing overfishing and having meetings: mesh multispecies. Between the 2006 a negative effect on red hake and 1. Tuesday, December 1, 2015; 5:30 scoping hearings and May 2007, whiting markets. The outcome of both p.m.; Holiday Inn by the Bay, 88 Spring substantial progress was made to would have negative effects on fishery Street, Portland, ME 04101; (207) 775– analyze the fishery and develop participants. The amendment is alternatives, but the Council intended to ensure that catches of the 2311. encountered data, enforcement, and small-mesh multispecies and other non- 2. Monday, December 7, 2015; 7 p.m.; compliance problems that compromised target species will be at or below MA DMF of Marine Fisheries; any approach that could be taken. specifications, reducing the potential for Annisquam River Marine Fisheries Because these issues could not be causing accountability measures to be Station; 30 Emerson Ave; Gloucester, resolved in a timely manner, the triggered and resulting closure of the MA 01930; (978) 282–0308. Council took up higher priority issues in directed fishery. 3. Monday, December 14, 2015; 7 2008 and work on the amendment was The Council’s Small-Mesh p.m.; Fairfield Inn & Suites, 185 discontinued. Many of the issues that Multispecies Committee and the MacArthur Drive, New Bedford, MA were raised at that time have not been Council will be identifying the goals 02740; (774) 634–2000. resolved. and objectives for Amendment 22 4. Monday, December 21, 2015; 7 Amendment 19 (http:// following the scoping period and will p.m.; Montauk Playhouse Community s3.amazonaws.com/nefmc.org/Final_ then develop alternatives to meet the Center Foundation; 240 Edgemere St., Amendment_19.pdf) was approved and purpose and need of the action. Montauk, New York 11954; (631) 668– implemented on April 4, 2013 (http:// Following input from these Council 1124 s3.amazonaws.com/nefmc.org/ bodies and the public, the Council will 5. Webinar; Thursday, December 17, amend19final_rule.pdf), establishing select a range of alternatives to consider 2015; 3–5 p.m. allowable biological catch limited access criteria as well as limits Register to participate: https:// specifications, annual catch limits, and and fishing restrictions for qualifying attendee.gotowebinar.com/register/ accountability measures individually for and non-qualifying vessels. 5272201506328155394; Call in info: northern and southern stocks of whiting Toll: +1 (914) 614–3221; Access Code: (silver and offshore hakes) and red hake. Public Comment 539–710–362. These limits were set using a benchmark All persons affected by or otherwise Special Accommodations stock assessment conducted in 2010 interested in small-mesh multispecies (http://www.nefsc.noaa.gov/ management are invited to participate in The meetings are accessible to people publications/crd/crd1101/). determining the scope and significance with physical disabilities. Requests for The most recent action was a of issues to be analyzed by submitting sign language interpretation or other Specifications Document for Fishing written comments (see ADDRESSES) or by auxiliary aids should be directed to

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Thomas A. Nies (see ADDRESSES) at least U.S. Congress passed the Coastal Zone Dated: November 18, 2015. five days prior to this meeting date. Management Act of 1972 (CZMA), 16 Sarah Brabson, Authority: 16 U.S.C. 1801 et seq. U.S.C. 1451 et. seq. The CZMA NOAA PRA Clearance Officer. authorized a federal program to Dated: November 18, 2015. [FR Doc. 2015–29750 Filed 11–20–15; 8:45 am] encourage coastal states and territories BILLING CODE 3510–08–P Emily H. Menashes, to develop comprehensive coastal Acting Director, Office of Sustainable management programs. The CZMA has Fisheries, National Marine Fisheries Service. been reauthorized on several occasions, DEPARTMENT OF COMMERCE [FR Doc. 2015–29795 Filed 11–20–15; 8:45 am] most recently with the enactment of the BILLING CODE 3510–22–P Coastal Zone Protection Act of 1996. National Oceanic and Atmospheric (CZMA as amended). The program is Administration administered by the Secretary of RIN 0648–XE300 DEPARTMENT OF COMMERCE Commerce, who in turn has delegated this responsibility to the National National Oceanic and Atmospheric Fisheries of the Gulf of Mexico; Oceanic and Atmospheric Administration Southeast Data, Assessment, and Administration’s (NOAA) National Review (SEDAR); Public Meeting Submission for OMB Review; Ocean Services (NOS). AGENCY: National Marine Fisheries Comment Request The coastal zone management grants provide funds to states and territories to: Service (NMFS), National Oceanic and The Department of Commerce will implement federally-approved coastal Atmospheric Administration (NOAA), submit to the Office of Management and management programs; complete Commerce. Budget (OMB) for clearance the information for the Coastal Zone ACTION: Notice of SEDAR 45 post- following proposal for collection of Management Program (CZMP) workshop webinar for Gulf of Mexico information under the provisions of the Performance Management System; Vermilion Snapper. Paperwork Reduction Act (44 U.S.C. develop program assessments multi-year SUMMARY: The SEDAR 45 assessment of Chapter 35). strategies to enhance their programs Agency: National Oceanic and the Gulf of Mexico Vermilion Snapper within priority areas under Section 309 will consist of one in-person workshop Atmospheric Administration (NOAA). of the CZMA; submit documentation as Title: Coastal Zone Management and a series of webinars. See described in the CZMA Section 306a on Program Administration Grants, SUPPLEMENTARY INFORMATION. the approved coastal zone management Performance Reports, Amendments and DATES: programs; submit requests to update The SEDAR 45 post-workshop Routine Program Changes, Section 306A their federally-approved programs webinar will be held from 1 p.m. to 3 and Section 309 Requirements, and through amendments or program p.m. on December 8, 2015. Section 6217 Coastal Nonpoint changes; and develop and submit state ADDRESSES: Pollution Program. coastal nonpoint pollution control Meeting address: The meeting will be OMB Control Number: 0648–0119. programs (CNP) as required under held via webinar. The webinar is open Form Number(s): None. to members of the public. Those Type of Request: Regular (revision Section 6217 of the Coastal Zone Act Reauthorization Amendments. interested in participating should and extension of a currently approved FOR Revision: The CZMP Performance contact Julie A. Neer at SEDAR (see information collection). FURTHER INFORMATION CONTACT) to Number of Respondents: 34. Measurement System has been revised request an invitation providing webinar Average Hours Per Response: Coastal to reduce the number of measures on access information. Please request Zone Management Performance which state programs are required to webinar invitations at least 24 hours in Tracking, 25 hours; performance report, resulting in an overall decrease advance of each webinar. reports: Year 1, Sections A and B, 35 in reporting burden for the performance SEDAR address: 4055 Faber Place hours; Year 2, Section A, 10 hours; Year measurement system. The assessment Drive, Suite 201, North Charleston, SC 3, Section A, 5 hours; Section C, 2 process under CZMA Section 309 has 29405. hours; amendments and program change also been refined to rely more on readily documentation, 20 hours; Section 306a available existing data and allow states FOR FURTHER INFORMATION CONTACT: Julie Application Checklist and to more quickly focus their assessments A. Neer, SEDAR Coordinator; (843) 571– documentation, 5 hours; Section 309 on high-priority enhancement areas. 4366; email: [email protected] Strategy & Assessment Document Affected Public: State, local and tribal SUPPLEMENTARY INFORMATION: The Gulf Preparation, 260 hours; Section 309 governments. of Mexico, South Atlantic, and Caribbean Fishery Management Competitive Funding—Section A Semi- Frequency: Annually, semi-annually Councils, in conjunction with NOAA annual Performance Report on Project and on occasion. Implementation and Section 305 Fisheries and the Atlantic and Gulf Respondent’s Obligation: Required to Section A Semi-Annual Performance States Marine Fisheries Commissions obtain or retain benefits. Report, 2 hours each; Coastal Nonpoint have implemented the Southeast Data, Pollution Control Program Document This information collection request Assessment and Review (SEDAR) Preparation and Section 305 Program may be viewed at reginfo.gov. Follow process, a multi-step method for Development Document, 1 hour each. the instructions to view Department of determining the status of fish stocks in Burden Hours: 9,144. Commerce collections currently under the Southeast Region. SEDAR is a multi- Needs and Uses: This request is for review by OMB. step process including: (1) Data/ revision and extension of a currently Written comments and Assessment Workshop, and (2) a series approved information collection. recommendations for the proposed of webinars. The product of the Data/ In 1972, in response to intense information collection should be sent Assessment Workshop is a report which pressure on United States (U.S) coastal within 30 days of publication of this compiles and evaluates potential resources, and because of the notice to OIRA_Submission@ datasets and recommends which importance of U.S. coastal areas, the omb.eop.gov or fax to (202) 395–5806. datasets are appropriate for assessment

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analyses, and describes the fisheries, Dated: November 18, 2015. refer to NTIA’s Web site, http:// evaluates the status of the stock, Tracey L. Thompson, www.ntia.doc.gov/other-publication/ estimates biological benchmarks, Acting Deputy Director, Office of Sustainable 2015/multistakeholder-process- projects future population conditions, Fisheries, National Marine Fisheries Service. cybersecurity-vulnerabilities, for the and recommends research and [FR Doc. 2015–29782 Filed 11–20–15; 8:45 am] most current information. monitoring needs. Participants for BILLING CODE 3510–22–P Dated: November 18, 2015. SEDAR Workshops are appointed by the Kathy D. Smith, Gulf of Mexico, South Atlantic, and Caribbean Fishery Management DEPARTMENT OF COMMERCE Chief Counsel, National Telecommunications and Information Administration. Councils and NOAA Fisheries Southeast National Telecommunications and [FR Doc. 2015–29810 Filed 11–20–15; 8:45 am] Regional Office, HMS Management Information Administration Division, and Southeast Fisheries BILLING CODE 3510–60–P Science Center. Participants include Multistakeholder Process To Promote data collectors and database managers; Collaboration on Vulnerability stock assessment scientists, biologists, Research Disclosure DEPARTMENT OF THE ARMY and researchers; constituency AGENCY: National Telecommunications representatives including fishermen, and Information Administration, U.S. Intent To Grant an Exclusive License environmentalists, and NGO’s; Department of Commerce. of U.S. Government-Owned Patents International experts; and staff of ACTION: Notice of open meeting, location Councils, Commissions, and state and change. AGENCY: Department of the Army, DoD. federal agencies. SUMMARY: ACTION: Notice. The items of discussion in the This notice announces a change in the location of a public Assessment Process webinars are as meeting of the multistakeholder process SUMMARY: In accordance with 35 U.S.C. follows: concerning the collaboration between 209 (e) and 37 CFR 404.7 (a)(1)(i), 1. Using datasets and initial security researchers and software and announcement is made of the intent to assessment analysis recommended from system developers and owners to grant an exclusive, royalty-bearing, the In-person Workshop, panelists will address security vulnerability revocable license to US Provisional employ assessment models to evaluate disclosure. Patent Application 62/131,444, filed stock status, estimate population DATES: The meeting will be held on March 11, 2015, entitled, ‘‘A method for benchmarks and management criteria, December 2, 2015, from 10:30 a.m. to developing malaria sporozoites in vitro’’ and project future conditions. 4:30 p.m., Eastern Time. See to MalarVx, Inc., a for profit 2. Participants will recommend the Supplementary Information for details. corporation, having a principal place of most appropriate methods and ADDRESSES: The meeting will be held at business at 307 Westlake Avenue North, configurations for determining stock the Washington Marriott at Metro Suite 200, Seattle, WA 98109. Center, 775 12th Street NW., status and estimating population ADDRESSES: Commander, U.S. Army Washington, DC 20005. parameters. Medical Research and Materiel FOR FURTHER INFORMATION CONTACT: Although non-emergency issues not Command, ATTN: Command Judge Allan Friedman, National contained in this agenda may come Advocate, MCMR–JA, 504 Scott Street, Telecommunications and Information before this group for discussion, those Administration, U.S. Department of Fort Detrick, MD 21702–5012. issues may not be the subject of formal Commerce, 1401 Constitution Avenue FOR FURTHER INFORMATION CONTACT: For action during this meeting. Action will NW., Room 4725, Washington, DC licensing issues, Mr. Barry Datlof, Office be restricted to those issues specifically 20230; telephone (202) 482–4281; email; of Research & Technology Assessment, identified in this notice and any issues [email protected]. Please direct (301) 619–0033. For patent issues, Ms. arising after publication of this notice media inquiries to NTIA’s Office of Elizabeth Arwine, Patent Attorney, (301) that require emergency action under Public Affairs, (202) 482–7002; email 619–7808, both at telefax (301) 619– section 305(c) of the Magnuson-Stevens [email protected]. 5034. Fishery Conservation and Management SUPPLEMENTARY INFORMATION: On Act, provided the public has been November 16, 2015, the National SUPPLEMENTARY INFORMATION: Anyone notified of the intent to take final action Telecommunications and Information wishing to object to the grant of this to address the emergency. Administration published in the license can file written objections along Federal Register a notice announcing a Special Accommodations with supporting evidence, if any, within public meeting of the multistakeholder 15 days from the date of this The meeting is physically accessible process concerning the collaboration publication. Written objections are to be to people with disabilities. Requests for between security researchers and filed with the Command Judge Advocate sign language interpretation or other software and system developers and (see ADDRESSES). auxiliary aids should be directed to the owners to address security vulnerability Brenda S. Bowen, Council office (see ADDRESSES) at least disclosure to be held at the 20 F Street 10 business days prior to each NW Conference Center, 20 F Street NW., Army Federal Register Liaison Officer. workshop. Washington, DC 20001. See 80 FR 70760 [FR Doc. 2015–29778 Filed 11–20–15; 8:45 am] (November 16, 2015). The meeting will BILLING CODE 3710–08–P Note: The times and sequence now be held at the Washington Marriott specified in this agenda are subject to at Metro Center, 775 12th Street NW., change. Washington, DC 20005. All other Authority: 16 U.S.C. 1801 et seq. information regarding this public meeting remains unchanged. Please

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DEPARTMENT OF ENERGY The Application was filed under section • Addendum to Environmental 3 of the Natural Gas Act (NGA). Review Documents Concerning Exports [FE Docket No. 15–171–LNG] Additional details can be found in of Natural Gas From the United States, Sabine Pass’s Application, posted on the 79 FR 48132 (Aug. 15, 2014);2 and Sabine Pass Liquefaction, LLC; • Application for Blanket Authorization DOE/FE Web site at: http://energy.gov/ Life Cycle Greenhouse Gas To Export Liquefied Natural Gas to fe/downloads/sabine-pass-liquefaction- Perspective on Exporting Liquefied Non-Free Trade Agreement Nations on llc-fe-dkt-no-15-171-lng Natural Gas From the United States, 79 3 a Short-Term Basis DATES: Protests, motions to intervene or FR 32260 (June 4, 2014). notices of intervention, as applicable, Parties that may oppose this AGENCY: Office of Fossil Energy, DOE. requests for additional procedures, and Application should comment in their ACTION: Notice of application. written comments are to be filed using responses on these issues. procedures detailed in the Public The National Environmental Policy SUMMARY: The Office of Fossil Energy Comment Procedures section no later Act (NEPA), 42 U.S.C. 4321 et seq., (FE) of the Department of Energy (DOE) than 4:30 p.m., Eastern time, December requires DOE to give appropriate gives notice of receipt of an application 23, 2015. consideration to the environmental (Application), filed on November 6, effects of its proposed decisions. Sabine 2015, by Sabine Pass Liquefaction, LLC ADDRESSES: Electronic Filing by email: fergas@ Pass states that no changes to the (Sabine Pass), requesting blanket hq.doe.gov Liquefaction Project facilities would be authorization to export liquefied natural Regular Mail: U.S. Department of required for the short-term exports gas (LNG) in an amount up to the Energy (FE–34), Office of Regulation requested in the Application. No final equivalent of 600 billion cubic feet (Bcf) and International Engagement, Office of decision will be issued in this of natural gas on a cumulative basis over Fossil Energy, P.O. Box 44375, proceeding until DOE has met its a two-year period commencing on the Washington, DC 20026–4375. environmental responsibilities. earlier of the date of first short-term Hand Delivery or Private Delivery Interested persons will be provided 30 export or January 15, 2016. The LNG Services (e.g., FedEx, UPS, etc.): U.S. days from the date of publication of this would be exported from the Sabine Pass Department of Energy (FE–34), Office of Notice in which to submit comments, Liquefaction Project (Liquefaction Regulation and International protests, motions to intervene, notices of Project) located in Cameron Parish, Engagement, Office of Fossil Energy, intervention, or motions for additional Louisiana, to any country with the Forrestal Building, Room 3E–042, 1000 procedures. capacity to import LNG via ocean-going Independence Avenue SW., Public Comment Procedures carrier and with which trade is not Washington, DC 20585. prohibited by U.S. law or policy. To In response to this Notice, any person FOR FURTHER INFORMATION CONTACT: date, Sabine Pass has been granted long- Larine Moore or Ben Nussdorf, U.S. may file a protest, comments, or a term, multi-contract authorization under Department of Energy (FE–34), Office motion to intervene or notice of DOE/FE Order No. 2961–A to export of Regulation and International intervention, as applicable. Interested LNG in a volume equivalent to 803 Bcf Engagement, Office of Fossil Energy, parties will be provided 30 days from per year of natural gas from the Forrestal Building, Room 3E–042, the date of publication of this Notice in Liquefaction Project to non-FTA 1000 Independence Avenue SW., which to submit comments, protests, countries, for a 20-year term.1 Sabine Washington, DC 20585, (202) 586– motions to intervene, or notices of Pass states that, in anticipation of the 9478; (202) 586–7893. intervention. start of liquefaction operations at the Cassandra Bernstein, U.S. Department of Any person wishing to become a party Liquefaction Project, it requests this Energy (GC–76), Office of the to the proceeding must file a motion to blanket authorization to engage in short- Assistant General Counsel for intervene or notice of intervention. The term exports of LNG produced both Electricity and Fossil Energy, filing of comments or a protest with prior to commercial operations as well Forrestal Building, 1000 respect to the Application will not serve as subsequent to commercial operations Independence Avenue SW., to make the commenter or protestant a if and when appropriate market Washington, DC 20585, (202) 586– party to the proceeding, although opportunities arise. According to Sabine 9793. protests and comments received from Pass, the requested blanket persons who are not parties will be authorization will provide enhanced SUPPLEMENTARY INFORMATION: considered in determining the operational flexibility and the ability to DOE/FE Evaluation appropriate action to be taken on the export produced LNG cargoes that may Application. All protests, comments, be rejected by customers under long- The Application will be reviewed motions to intervene, or notices of term contracts. Sabine Pass seeks to pursuant to section 3 of the NGA, as intervention must meet the export this LNG on its own behalf and amended, and the authority contained requirements specified by the as agent for other parties who will hold in DOE Delegation Order No. 00– regulations in 10 CFR part 590. title to the LNG at the time of export. 002.00N (July 11, 2013) and DOE Filings may be submitted using one of Redelegation Order No. 00–006.02 (Nov. the following methods: (1) emailing the 1 See App. at 2–3 & n.6 (describing the various 17, 2014). In reviewing this Application, filing to [email protected], with FE DOE/FE authorizations granted for the first four DOE will consider domestic need for the Docket No. 15–171–LNG in the title liquefaction trains comprising Stages 1 and 2 of the natural gas, as well as any other issues line; (2) mailing an original and three Liquefaction Project). In addition, on April 20, determined to be appropriate, including 2015, Sabine Pass submitted an application to DOE/ FE requesting long-term, multi-contract whether the arrangement is consistent 2 The Addendum and related documents are authorization to export up to the equivalent of an with DOE’s policy of promoting available at: http://energy.gov/fe/draft-addendum- additional 203 Bcf per year of natural gas from the competition in the marketplace by environmental-review-documents-concerning- Liquefaction Project to non-FTA countries for a 20- allowing commercial parties to freely exports-natural-gas-united-states. year term. That application is currently pending in 3 The Life Cycle Greenhouse Gas Report is FE Docket No. 15–63–LNG. See id. at 3 & n.8. negotiate their own trade arrangements. available at: http://energy.gov/fe/life-cycle- Protests, motions to intervene, notices of Additionally, DOE will consider the greenhouse-gas-perspective-exporting-liquefied- intervention, and written comments are invited. following environmental documents: natural-gas-united-states.

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paper copies of the filing to the Office DEPARTMENT OF ENERGY clicking on the links or querying the of Regulation and International docket number. Engagement at the address listed in Federal Energy Regulatory Any person desiring to intervene or ADDRESSES; or (3) hand delivering an Commission protest in any of the above proceedings original and three paper copies of the must file in accordance with Rules 211 Combined Notice of Filings #2 filing to the Office of Regulation and and 214 of the Commission’s International Engagement at the address Take notice that the Commission Regulations (18 CFR 385.211 and listed in ADDRESSES. All filings must received the following electric rate 385.214) on or before 5:00 p.m. Eastern include a reference to FE Docket No. filings: time on the specified comment date. 15–171–LNG. Please Note: If submitting Docket Numbers: ER12–678–007. Protests may be considered, but a filing via email, please include all Applicants: Midcontinent intervention is necessary to become a related documents and attachments Independent System Operator, Inc. party to the proceeding. (e.g., exhibits) in the original email Description: Compliance filing: 2015– eFiling is encouraged. More detailed information relating to filing correspondence. Please do not include 11–16_VLR RSG Compliance Filing to requirements, interventions, protests, any active hyperlinks or password be effective 9/1/2012. service, and qualifying facilities filings protection in any of the documents or Filed Date: 11/16/15. Accession Number: 20151116–5161. can be found at: http://www.ferc.gov/ attachments related to the filing. All docs-filing/efiling/filing-req.pdf. For electronic filings submitted to DOE Comments Due: 5 p.m. ET 12/7/15. Docket Numbers: ER16–331–000. other information, call (866) 208–3676 must follow these guidelines to ensure (toll free). For TTY, call (202) 502–8659. that all documents are filed in a timely Applicants: Alabama Power manner. Any hardcopy filing submitted Company. Dated: November 16, 2015. greater in length than 50 pages must Description: Compliance filing: Nathaniel J. Davis, Sr., also include, at the time of the filing, a Compliance Filing for Docket Nos. Deputy Secretary. ER15–1950 and ER15–2564 to be digital copy on disk of the entire [FR Doc. 2015–29759 Filed 11–20–15; 8:45 am] effective 11/17/2015. submission. BILLING CODE 6717–01–P Filed Date: 11/16/15. A decisional record on the Accession Number: 20151116–5081. Application will be developed through Comments Due: 5 p.m. ET 12/7/15. DEPARTMENT OF ENERGY responses to this notice by parties, Docket Numbers: ER16–332–000. including the parties’ written comments Applicants: PJM Interconnection, Federal Energy Regulatory and replies thereto. Additional L.L.C. Commission procedures will be used as necessary to Description: Informational Filing [Docket No. CP14–509–002] achieve a complete understanding of the Pursuant to Schedule 2 of the PJM facts and issues. If an additional Interconnection, L.L.C. Open-Access Paiute Pipeline Company; Notice of procedure is scheduled, notice will be Transmission Tariff, of C.P. Crane LLC. Amendment of Certificate provided to all parties. If no party Filed Date: 11/4/15. requests additional procedures, a final Accession Number: 20151104–5258. Take notice that on November 6, Opinion and Order may be issued based Comments Due: 5 p.m. ET 11/25/15. 2015, Paiute Pipeline Company (Paiute), on the official record, including the Docket Numbers: ER16–333–000. P.O. Box 94197, Las Vegas, Nevada Application and responses filed by Applicants: PJM Interconnection, 89193–4197, filed an application in parties pursuant to this notice, in L.L.C. Docket No. CP14–509–002, requesting to accordance with 10 CFR 590.316. Description: § 205(d) Rate Filing: amend its certificate of public Revisions to the RAA Schedule 8.1 re: convenience and necessity that was The Application is available for FRR Requirements to be effective 1/16/ issued by the Commission in an order inspection and copying in the Office of 2016. on May 14, 2015 (Order). The Order Regulation and International Filed Date: 11/16/15. authorized Paiute to construct, and Engagement docket room, Room 3E– Accession Number: 20151116–5092. operate certain pipeline and associated 042, 1000 Independence Avenue SW., Comments Due: 5 p.m. ET 12/7/15. facilities for its 2015 Elko Area Washington, DC 20585. The docket Docket Numbers: ER16–334–000. Expansion Project (Project) located in room is open between the hours of 8:00 Applicants: Midcontinent Elko County, Nevada, and directed a.m. and 4:30 p.m., Monday through Independent System Operator, Inc. Paiute to make certain rate and tariff Friday, except Federal holidays. The Description: § 205(d) Rate Filing: compliance filings and to restate its Application and any filed protests, 2015–11–16_SA 2868 NSP Briggs Road– rates based on the cost of service motions to intervene or notice of N. Madison T–TIA to be effective 10/30/ findings in the Order. Paiute is interventions, and comments will also 2015. requesting to amend its certificate to be available electronically by going to Filed Date: 11/16/15. update: (1) Its estimated capital costs; the following DOE/FE Web address: Accession Number: 20151116–5154. (2) its rate of return and depreciation; http://www.fe.doe.gov/programs/ Comments Due: 5 p.m. ET 12/7/15. and (3) the period of actual operating gasregulation/index.html. Docket Numbers: ER16–335–000. and maintenance (O&M) expenses used Applicants: Startrans IO, LLC. to calculate rates, all as more fully set Issued in Washington, DC, on November Description: § 205(d) Rate Filing: 2016 forth in the application, which is on file 17, 2015. TRBAA Update Filing to be effective with the Commission and open to John A. Anderson, 1/1/2016. public inspection. Director, Office of Regulation and Filed Date: 11/16/15. Paiute states that it expects to place International Engagement, Office of Oil and Accession Number: 20151116–5162. the Project in service on or after Natural Gas. Comments Due: 5 p.m. ET 12/7/15. December 15, 2015. We note that if [FR Doc. 2015–29791 Filed 11–20–15; 8:45 am] The filings are accessible in the Paiute chooses to commence Project BILLING CODE 6450–01–P Commission’s eLibrary system by service before the Commission has acted

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on its amendment application, its rates The Commission strongly encourages Manager, Regulatory, Tennessee Gas will no longer be subject to change by electronic filings of comments, protests Pipeline Company, L.L.C., 1001 means of an amendment to its certificate and interventions in lieu of paper using Louisiana Street, Houston, Texas 77002, pursuant to section 7 of the Natural Gas the ‘‘eFiling’’ link at http:// by telephone at: 713–420–5535, or by Act (NGA). Accordingly, in that event, www.ferc.gov. Persons unable to file email at Ben_Carranza@ the Commission would have to electronically should submit an original kindermorgan.com; or Debbie Kalisek, terminate this proceeding, without and 5 copies of the protest or Regulatory Analyst, Tennessee Gas prejudice to Paiute filing a general rate intervention to the Federal Energy Pipeline Company, L.L.C., 1001 case under section 4 of the NGA. Regulatory Commission, 888 First Street Louisiana Street, Houston, Texas 77002, This filing may also be viewed on the NE., Washington, DC 20426. See, 18 by telephone at 713–420–3292, or by web at http://www.ferc.gov using the CFR 385.2001(a)(1)(iii) and the email at Debbie_kalisek@ ‘‘eLibrary’’ link. Enter the docket instructions on the Commission’s Web kindermorgan.com. number excluding the last three digits in site under the ‘‘e-Filing’’ link. Any person may, within 60 days after the docket number field to access the Comment Date: 5:00 p.m. Eastern the issuance of the instant notice by the document. For assistance, contact FERC Time on November 27, 2015. Commission, file pursuant to Rule 214 at [email protected] or call of the Commission’s Procedural Rules Dated: November 17, 2015. (18 CFR 385.214) a motion to intervene toll-free, (886) 208–3676 or TYY, (202) Nathaniel J. Davis, Sr., 502–8659. or notice of intervention. Any person Deputy Secretary. Any questions regarding this filing to intervene or the Commission’s application should be directed to Mark [FR Doc. 2015–29753 Filed 11–20–15; 8:45 am] staff may, pursuant to section 157.205 of A. Litwin, Vice President/General BILLING CODE 6717–01–P the Commission’s Regulations under the Manager, Paiute Pipeline Company, P.O. NGA (18 CFR 157.205) file a protest to the request. If no protest is filed within Box 94197, Las Vegas, Nevada 89193– DEPARTMENT OF ENERGY 4197 or by calling 702–364–3195. the time allowed therefore, the proposed activity shall be deemed to be There are two ways to become Federal Energy Regulatory authorized effective the day after the involved in the Commission’s review of Commission time allowed for protest. If a protest is this project. First, any person wishing to filed and not withdrawn within 30 days obtain legal status by becoming a party [Docket No. CP16–15–000] after the time allowed for filing a to the proceedings for this project Tennessee Gas Pipeline Company, protest, the instant request shall be should, on or before the comment date L.L.C.; Notice of Request Under treated as an application for stated below, file with the Federal Blanket Authorization authorization pursuant to section 7 of Energy Regulatory Commission, 888 the NGA. First Street NE., Washington, DC 20426, Take notice that on November 4, Pursuant to section 157.9 of the a motion to intervene in accordance 2015, Tennessee Gas Pipeline Company, Commission’s rules, 18 CFR 157.9, with the requirements of the L.L.C., (Tennessee), located at 1001 within 90 days of this Notice the Commission’s Rules of Practice and Louisiana Street, Houston, Texas 77002, Commission staff will either: complete Procedure (18 CFR 385.214 or 385.211) filed in Docket No. CP16–15–000, a its environmental assessment (EA) and and the Regulations under the NGA (18 prior notice request pursuant to sections place it into the Commission’s public CFR 157.10). A person obtaining party 157.205, and 157.216(b)(2) of the record (eLibrary) for this proceeding; or status will be placed on the service list Federal Energy Regulatory issue a Notice of Schedule for maintained by the Secretary of the Commission’s regulations under the Environmental Review. If a Notice of Commission and will receive copies of Natural Gas Act (NGA), seeking Schedule for Environmental Review is all documents filed by the applicant and authorization to abandon two inactive issued, it will indicate, among other by all other parties. A party must submit supply laterals located in St. Mary’s milestones, the anticipated date for the 7 copies of filings made with the Parish, Louisiana, extending into state Commission staff’s issuance of the final Commission and must mail a copy to waters of Louisiana. Specifically, Line environmental impact statement (FEIS) the applicant and to every other party in No. 519A–100 consists of approximately or EA for this proposal. The filing of the the proceeding. Only parties to the 20 miles of 10-inch-diameter pipeline of EA in the Commission’s public record proceeding can ask for court review of which 6.67 miles will be removed and for this proceeding or the issuance of a Commission orders in the proceeding. 13.3 miles will be abandoned in place. Notice of Schedule for Environmental However, a person does not have to Line No. 519A–200 consists of Review will serve to notify federal and intervene in order to have comments approximately 1.5 miles of 6-inch- state agencies of the timing for the considered. The second way to diameter of pipeline and will be completion of all necessary reviews, and participate is by filing with the abandoned in place all as more fully set the subsequent need to complete all Secretary of the Commission, as soon as forth in the application, which is on file federal authorizations within 90 days of possible, an original and two copies of with the Commission and open to the date of issuance of the Commission comments in support of or in opposition public inspection. The filing may also staff’s FEIS or EA. to this project. The Commission will be viewed on the web at http:// Persons who wish to comment only consider these comments in www.ferc.gov using the ‘‘eLibrary’’ link. on the environmental review of this determining the appropriate action to be Enter the docket number excluding the project should submit an original and taken, but the filing of a comment alone last three digits in the docket number two copies of their comments to the will not serve to make the filer a party field to access the document. For Secretary of the Commission. to the proceeding. The Commission’s assistance, contact FERC at Environmental commenter’s will be rules require that persons filing [email protected] or call placed on the Commission’s comments in opposition to the project toll-free, (866) 208–3676 or TTY, (202) environmental mailing list, will receive provide copies of their protests only to 502–8659. copies of the environmental documents, the party or parties directly involved in Any questions regarding the Request and will be notified of meetings the protest. should be directed to Ben J. Carranza, associated with the Commission’s

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environmental review process. DEPARTMENT OF ENERGY communication, and may request that Environmental commenter’s will not be the Commission place the prohibited required to serve copies of filed Federal Energy Regulatory communication and responses thereto documents on all other parties. Commission in the decisional record. The Commission will grant such a request However, the non-party commentary, [Docket No. RM98–1–000] will not receive copies of all documents only when it determines that fairness so filed by other parties or issued by the Records Governing Off-the-Record requires. Any person identified below as Commission (except for the mailing of Communications; Public Notice having made a prohibited off-the-record environmental documents issued by the communication shall serve the Commission) and ill not have the right This constitutes notice, in accordance document on all parties listed on the to seek court review of the with 18 CFR 385.2201(b), of the receipt official service list for the applicable Commission’s final order. of prohibited and exempt off-the-record proceeding in accordance with Rule communications. 2010, 18 CFR 385.2010. The Commission strongly encourages Order No. 607 (64 FR 51222, Exempt off-the-record electronic filings of comments, protests, September 22, 1999) requires communications are included in the and interventions via the internet in lieu Commission decisional employees, who decisional record of the proceeding, of paper. See 18 CFR 385.2001(a)(1)(iii) make or receive a prohibited or exempt unless the communication was with a and the instructions on the off-the-record communication relevant cooperating agency as described by 40 Commission’s Web site (www.ferc.gov) to the merits of a contested proceeding, CFR 1501.6, made under 18 CFR under the ‘‘e-Filing’’ link. Persons to deliver to the Secretary of the 385.2201(e)(1)(v). unable to file electronically should Commission, a copy of the The following is a list of off-the- submit an original and 5 copies of the communication, if written, or a record communications recently protest or intervention to the Federal summary of the substance of any oral received by the Secretary of the Energy regulatory Commission, 888 communication. Commission. The communications First Street NE., Washington, DC 20426. Prohibited communications are listed are grouped by docket numbers in included in a public, non-decisional file ascending order. These filings are Dated: November 16, 2015. associated with, but not a part of, the available for electronic review at the Nathaniel J. Davis, Sr., decisional record of the proceeding. Commission in the Public Reference Deputy Secretary. Unless the Commission determines that Room or may be viewed on the [FR Doc. 2015–29762 Filed 11–20–15; 8:45 am] the prohibited communication and any Commission’s Web site at http:// BILLING CODE 6717–01–P responses thereto should become a part www.ferc.gov using the eLibrary link. of the decisional record, the prohibited Enter the docket number, excluding the off-the-record communication will not last three digits, in the docket number be considered by the Commission in field to access the document. For reaching its decision. Parties to a assistance, please contact FERC Online proceeding may seek the opportunity to Support at FERCOnlineSupport@ respond to any facts or contentions ferc.gov or toll free at (866)208–3676, or made in a prohibited off-the-record for TTY, contact (202)502–8659.

Docket No. File date Presenter or requester

Prohibited: 1. CP15–554–000 ...... 11–2–2015 Mary Louise Fisher. 2. CP14–554–000, CP15–16–000, CP15–17– 11–13–2015 Susan VanBrunt. 000. 3. EL15–18–000, EL15–67–000 ...... 11–17–2015 FERC Staff.1 Exempt: 1. P–1256–000 ...... 10–29–2015 FERC Staff.2 2. CP15–517–000 ...... 10–29–2015 FERC Staff.3 3. CP15–138–000 ...... 10–29–2015 US Representative Lou Barletta. 4. P–1256–031 ...... 10–30–2015 US Senators.4 5. CP14–96–000 ...... 11–4–2015 State of New York Assemblywoman Sandy Galef. 6. CP15–521–000 ...... 11–5–2015 FERC Staff.5 7. CP15–517–000 ...... 11–5–2015 FERC Staff.6 8. CP13–492–000 ...... 11–5–2015 FERC Staff.7 9. CP15–554–000 ...... 11–9–2015 State of Virginia Senator R. Creigh Deeds. 10. CP15–555–000 ...... 11–10–2015 US Representative Charles W. Dent. 1 Email dated November 17, 2015 forwarding letter from Linden VFT, LLC. 2 Email dated October 23, 2015. 3 Minutes from October 22, 2015 conference call between FERC, ICF, Gulf South, and Perennial regarding Coastal Bend Header Project. 4 Ben Sasse and Deb Fischer. 5 Meeting Summary from October 29, 2015 call with applicant and agencies regarding Gulf LNG Liquefaction Project. 6 Phone Memorandum dated November 4, 2015 with Arturo Vale (US Fish and Wildlife Service). 7 Memo forwarding letter dated October 29, 2015 from US Bureau of Reclamation.

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Dated: November 17, 2015. Applicants: TC Offshore LLC. Comments Due: 5 p.m. ET 11/24/15. Nathaniel J. Davis, Sr., Description: § 4(d) Rate Filing: Docket Numbers: RP16–188–000. Deputy Secretary. Positive Negative Transporter’s Use to Applicants: Gulf South Pipeline [FR Doc. 2015–29755 Filed 11–20–15; 8:45 am] be effective 12/12/2015. Company, LP. BILLING CODE 6717–01–P Filed Date: 11/12/15. Description: § 4(d) Rate Filing: Rate Accession Number: 20151112–5011. Case Settlement Amendments 5 to be Comments Due: 5 p.m. ET 11/24/15. effective 11/1/2015. DEPARTMENT OF ENERGY Docket Numbers: RP16–181–000. Filed Date: 11/12/15. Applicants: QEP Marketing Company, Accession Number: 20151112–5257. Federal Energy Regulatory Inc., QEP Energy Company, Inc. Comments Due: 5 p.m. ET 11/24/15. Commission Description: Joint Petition of QEP Docket Numbers: RP16–189–000. Marketing Company, Inc. and QEP Combined Notice of Filings Applicants: Gulf South Pipeline Energy Company, Inc. for Temporary Company, LP. Take notice that the Commission has Waiver of Capacity Release Regulations, Description: § 4(d) Rate Filing: Cap received the following Natural Gas Policies and Related Tariff Provisions, Rel Neg Rate Agmt (Petro 41455 to BP Pipeline Rate and Refund Report filings: and Request for Shortened Comment 45463) to be effective 11/1/2015. Period and Expedited Treatment. Filed Date: 11/13/15. Filings Instituting Proceedings Filed Date: 11/10/15. Accession Number: 20151113–5021. Docket Numbers: RP16–175–000. Accession Number: 20151110–5202. Comments Due: 5 p.m. ET 11/25/15. Applicants: Talen Energy Marketing, Comments Due: 5 p.m. ET 11/18/15. Docket Numbers: RP16–190–000. LLC, TransCanada Power Marketing, Docket Numbers: RP16–182–000. Applicants: Gulf South Pipeline Ltd., TransCanada Facility USA, Inc. Applicants: Transcontinental Gas Company, LP. Description: Joint Petition for Limited Pipe Line Company. Description: § 4(d) Rate Filing: Cap Waiver of Talen Energy Marketing, LLC Description: § 4(d) Rate Filing: GSS Rel Neg Rate Agmt (FPL 41618 to et. al. for Authorization Under Section LSS Tracker Filing 11/12/15 to be Tenaska 44471) to be effective 11/1/ 203 of the FPA and Request for Limited effective 11/1/2015. 2015. Waivers. Filed Date: 11/12/15. Filed Date: 11/13/15. Filed Date: 11/6/15. Accession Number: 20151112–5151. Accession Number: 20151113–5022. Accession Number: 20151106–5199. Comments Due: 5 p.m. ET 11/24/15. Comments Due: 5 p.m. ET 11/25/15. Comments Due: 5 p.m. ET 11/18/15. Docket Numbers: RP16–183–000. Docket Numbers: RP16–191–000. Docket Numbers: RP16–176–000. Applicants: Iroquois Gas Applicants: Gulf South Pipeline Applicants: Horizon Pipeline Transmission System, L.P. Company, LP. Company, L.L.C. Description: § 4(d) Rate Filing: 11/12/ Description: § 4(d) Rate Filing: Cap Description: § 4(d) Rate Filing: Main 15 Negotiated Rates—Freepoint Rel Neg Rate Agmt (EOG 34687 to Line Generation Negotiated Rate to be Commodiities LLC (RTS) 7250–15 to be Tenaska 44471, Trans LA 45387) to be effective 12/9/2015. Filed Date: 11/9/15. effective 11/11/2015. effective 11/1/2015. Accession Number: 20151109–5072. Filed Date: 11/12/15. Filed Date: 11/13/15. Comments Due: 5 p.m. ET 11/23/15. Accession Number: 20151112–5178. Accession Number: 20151113–5025. Comments Due: 5 p.m. ET 11/24/15. Comments Due: 5 p.m. ET 11/25/15. Docket Numbers: RP16–177–000. Applicants: Enable Mississippi River Docket Numbers: RP16–184–000. Docket Numbers: RP16–192–000. Transmission, L. Applicants: Cameron Interstate Applicants: Gulf South Pipeline Description: § 4(d) Rate Filing: Pipeline, LLC. Company, LP. Negotiated Rate Filing to Amend LER Description: § 4(d) Rate Filing: Description: § 4(d) Rate Filing: Cap 5680’s Attachment A_11_9_15 to be Cameron Interstate Pipeline Revised Rel Neg Rate Agmt (Atlanta Gas to effective 11/9/2015. Sections 8.10, 9.0 and 10.0 to be Various eff 11–1–15) to be effective 11/ Filed Date: 11/9/15. effective 12/31/2015. 1/2015. Accession Number: 20151109–5123. Filed Date: 11/12/15. Filed Date: 11/13/15. Comments Due: 5 p.m. ET 11/23/15. Accession Number: 20151112–5186. Accession Number: 20151113–5026. Docket Numbers: RP16–178–000. Comments Due: 5 p.m. ET 11/24/15. Comments Due: 5 p.m. ET 11/25/15. Applicants: Southern Natural Gas Docket Numbers: RP16–185–000. Docket Numbers: RP16–193–000. Company, L.L.C. Applicants: Natural Gas Pipeline Applicants: Gulf South Pipeline Description: § 4(d) Rate Filing: Company of America. Company, LP. Negotiated Rate Filing—MGAG to be Description: § 4(d) Rate Filing: Salem Description: § 4(d) Rate Filing: Cap effective 12/10/2015. Negotiated Rate Filing to be effective Rel Neg Rate Agmt (Encana 37663 to BP Filed Date: 11/9/15. 12/1/2015. 454409, 45470) to be effective 11/1/ Accession Number: 20151109–5179. Filed Date: 11/12/15. 2015. Comments Due: 5 p.m. ET 11/23/15. Accession Number: 20151112–5200. Filed Date: 11/13/15. Docket Numbers: RP16–179–000. Comments Due: 5 p.m. ET 11/24/15. Accession Number: 20151113–5027. Applicants: Gulf South Pipeline Docket Numbers: RP16–186–000. Comments Due: 5 p.m. ET 11/25/15. Company, LP. Applicants: Enable Gas Transmission, Docket Numbers: RP16–194–000. Description: § 4(d) Rate Filing: Rate LLC. Applicants: Pine Prairie Energy Case Settlement Amendments 4 to be Description: § 4(d) Rate Filing: Center, LLC. effective 11/1/2015. Negotiated Rate Filing—December Description: § 4(d) Rate Filing: Pine Filed Date: 11/10/15. 2015—AECC 9537 to be effective 12/1/ Prairie Energy Center, LLC—Proposed Accession Number: 20151110–5148. 2015. Revisions to FERC Gas Tariff to be Comments Due: 5 p.m. ET 11/23/15. Filed Date: 11/12/15. effective 12/14/2015. Docket Numbers: RP16–180–000. Accession Number: 20151112–5224. Filed Date: 11/13/15.

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Accession Number: 20151113–5089. Any person desiring to protest in any Persons unable to file electronically Comments Due: 5 p.m. ET 11/25/15. of the above proceedings must file in should submit an original and 5 copies Docket Numbers: RP16–195–000. accordance with Rule 211 of the of the protest or intervention to the Applicants: Discovery Gas Commission’s Regulations (18 CFR Federal Energy Regulatory Commission, Transmission LLC. § 385.211) on or before 5:00 p.m. Eastern 888 First Street NE., Washington, DC Description: § 4(d) Rate Filing: 2016 time on the specified comment date. 20426. HMRE Filing to be effective 1/1/2016. The filings are accessible in the This filing is accessible on-line at Filed Date: 11/13/15. Commission’s eLibrary system by http://www.ferc.gov, using the Accession Number: 20151113–5096. clicking on the links or querying the ‘‘eLibrary’’ link and is available for Comments Due: 5 p.m. ET 11/25/15. docket number. review in the Commission’s Public Docket Numbers: RP16–196–000. eFiling is encouraged. More detailed Reference Room in Washington, DC. Applicants: Southern Natural Gas information relating to filing There is an ‘‘eSubscription’’ link on the Company, L.L.C. requirements, interventions, protests, Web site that enables subscribers to Description: Operational Transactions service, and qualifying facilities filings receive email notification when a Report of Southern Natural Gas can be found at: http://www.ferc.gov/ document is added to a subscribed Company, L.L.C. docs-filing/efiling/filing-req.pdf. For docket(s). For assistance with any FERC Filed Date: 11/13/15. other information, call (866) 208–3676 Online service, please email Accession Number: 20151113–5137. (toll free). For TTY, call (202) 502–8659. [email protected], or call (866) 208–3676 (toll free). For TTY, call Comments Due: 5 p.m. ET 11/25/15. Dated: November 16, 2015. Any person desiring to intervene or (202) 502–8659. Nathaniel J. Davis, Sr., Comment Date: 5:00 p.m. Eastern time protest in any of the above proceedings Deputy Secretary. on December 7, 2015. must file in accordance with Rules 211 [FR Doc. 2015–29761 Filed 11–20–15; 8:45 am] and 214 of the Commission’s Dated: November 16, 2015. Regulations (18 CFR § 385.211 and BILLING CODE 6717–01–P Nathaniel J. Davis, Sr., § 385.214) on or before 5:00 p.m. Eastern Deputy Secretary. time on the specified comment date. DEPARTMENT OF ENERGY [FR Doc. 2015–29764 Filed 11–20–15; 8:45 am] Protests may be considered, but BILLING CODE 6717–01–P intervention is necessary to become a Federal Energy Regulatory party to the proceeding. Commission DEPARTMENT OF ENERGY Filings in Existing Proceedings [Docket No. OR16–4–000] Docket Numbers: RP15–785–001. Federal Energy Regulatory Medallion Pipeline Company, LLC; Applicants: ANR Pipeline Company. Commission Notice of Petition for Declaratory Order Description: Compliance filing Combined Notice of Filings Compliance to 2015 DTCA Settlement to Take notice that on November 6, be effective 5/1/2013. 2015, pursuant to Rule 207(a)(2) of the Take notice that the Commission has Filed Date: 11/10/15. Federal Energy Regulatory received the following Natural Gas Accession Number: 20151110–5038. Commission’s (Commission) Rules of Pipeline Rate and Refund Report filings: Comments Due: 5 p.m. ET 11/23/15. Practice and Procedure, 18 CFR Filings Instituting Proceedings Docket Numbers: RP13–751–002. 385.207(a)(2) (2015), Medallion Pipeline Applicants: Algonquin Gas Company, LLC, filed a petition for a Docket Numbers: RP16–197–000. Transmission, LLC. declaratory order seeking confirmation Applicants: Natural Gas Pipeline Description: Compliance filing and approval of general rate structure Company of America. Reservation Charge Crediting and service terms for further expansion Description: § 4(d) Rate Filing: City of Compliance Filing to be effective 12/31/ of Wolfcamp Connector crude oil Perryville to be effective 12/1/2015. Filed Date: 11/16/15. 9998. pipeline system, all as more fully Filed Date: 11/13/15. Accession Number: 20151116–5103. explained in the petition. Comments Due: 5 p.m. ET 11/30/15. Accession Number: 20151113–5104. Any person desiring to intervene or to Comments Due: 5 p.m. ET 11/25/15. Docket Numbers: RP16–198–000. protest this filing must file in Applicants: Natural Gas Pipeline Docket Numbers: RP16–123–001. accordance with Rules 211 and 214 of Company of America. Applicants: Transcontinental Gas the Commission’s Rules of Practice and Description: § 4(d) Rate Filing: Town Pipe Line Company. Procedure (18 CFR 385.211, 385.214). of Corning to be effective 12/1/2015. Description: Tariff Amendment: Protests will be considered by the Filed Date: 11/16/15. DPEs—Piedmont—2nd Correction Commission in determining the Accession Number: 20151116–5104. Filing to be effective 12/1/2015. appropriate action to be taken, but will Comments Due: 5 p.m. ET 11/30/15. Filed Date: 11/13/15. not serve to make protestants parties to Any person desiring to intervene or Accession Number: 20151113–5213. the proceeding. Any person wishing to protest in any of the above proceedings Comments Due: 5 p.m. ET 11/25/15. become a party must file a notice of must file in accordance with Rules 211 Docket Numbers: RP16–148–001. intervention or motion to intervene, as and 214 of the Commission’s Applicants: Texas Eastern appropriate. Such notices, motions, or Regulations (18 CFR 385.211 and Transmission, LP. protests must be filed on or before the § 385.214) on or before 5:00 p.m. Eastern Description: Tariff Amendment: Errata comment date. Anyone filing a motion time on the specified comment date. Filing for TETLP 2015 ASA Filing to intervene or protest must serve a copy Protests may be considered, but RP16–148–000 to be effective 12/1/ of that document on the Petitioner. intervention is necessary to become a 2015. The Commission encourages party to the proceeding. Filed Date: 11/16/15. electronic submission of protests and Accession Number: 20151116–5000. interventions in lieu of paper using the Filings in Existing Proceedings Comments Due: 5 p.m. ET 11/23/15. ‘‘eFiling’’ link at http://www.ferc.gov. Docket Numbers: RP15–1303–001.

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Applicants: Empire Pipeline, Inc. Any person desiring to intervene or to DEPARTMENT OF ENERGY Description: Compliance filing RP15– protest this filing must file in 1303 Compliance Filing to be effective accordance with Rules 211 and 214 of Federal Energy Regulatory 11/1/2015. the Commission’s Rules of Practice and Commission Filed Date: 11/16/15. Procedure (18 CFR 385.211, 385.214). [Project No. 13642–003] Accession Number: 20151116–5193. Protests will be considered by the Comments Due: 5 p.m. ET 11/30/15. Commission in determining the GB Energy Park, LLC; Notice of Any person desiring to protest in any appropriate action to be taken, but will Application Accepted for Filing and of the above proceedings must file in not serve to make protestants parties to Soliciting Motions To Intervene and accordance with Rule 211 of the the proceeding. Any person wishing to Protests Commission’s Regulations (18 CFR become a party must file a notice of 385.211) on or before 5:00 p.m. Eastern Take notice that the following intervention or motion to intervene, as hydroelectric application has been filed time on the specified comment date. appropriate. Such notices, motions, or The filings are accessible in the with the Commission and is available protests must be filed on or before the Commission’s eLibrary system by for public inspection. a. Type of Application: Unconstructed clicking on the links or querying the comment date. On or before the comment date, it is not necessary to Major Project. docket number. b. Project No.: 13642–003. eFiling is encouraged. More detailed serve motions to intervene or protests on persons other than the Applicant. c. Date filed: October 1, 2015. information relating to filing d. Applicant: GB Energy Park, LLC. requirements, interventions, protests, The Commission encourages e. Name of Project: Gordon Butte service, and qualifying facilities filings electronic submission of protests and Pumped Storage Project. can be found at: http://www.ferc.gov/ interventions in lieu of paper using the f. Location: Approximately 3 miles docs-filing/efiling/filing-req.pdf. For ‘‘eFiling’’ link at http://www.ferc.gov. west of the City of Martinsdale, Meagher other information, call (866) 208–3676 Persons unable to file electronically County, Montana. The proposed project (toll free). For TTY, call (202) 502–8659. should submit an original and 5 copies would not occupy any federal lands. Dated: November 17, 2015. of the protest or intervention to the g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)—825(r). Nathaniel J. Davis, Sr., Federal Energy Regulatory Commission, h. Applicant Contact: Carl. E. 888 First Street NE., Washington, DC Deputy Secretary. Borgquist, President, GB Energy Park, 20426. [FR Doc. 2015–29776 Filed 11–20–15; 8:45 am] LLC, 209 Wilson Avenue, P.O. Box 309, BILLING CODE 6717–01–P This filing is accessible on-line at Bozeman, MT 59771; (406) 585–3006; http://www.ferc.gov, using the [email protected]. ‘‘eLibrary’’ link and is available for i. FERC Contact: Mike Tust, (202) DEPARTMENT OF ENERGY review in the Commission’s Public 502–6522 or [email protected]. Reference Room in Washington, DC. j. Deadline for filing motions to Federal Energy Regulatory intervene and protests: 60 days from the Commission There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to issuance date of this notice. [Docket No. TS15–2–000] receive email notification when a The Commission strongly encourages electronic filing. Please file motions to document is added to a subscribed The City of Independence, Missouri; intervene and protests using the docket(s). For assistance with any FERC Notice of Filing Commission’s eFiling system at http:// Online service, please email www.ferc.gov/docs-filing/efiling.asp. For Take notice that on August 19, 2015, [email protected], or call assistance, please contact FERC Online pursuant to 18 CFR 35.28(e)(2) and (866) 208–3676 (toll free). For TTY, call Support at FERCOnlineSupport@ 358.1(d) and Rules 101(e) and 207 of the (202) 502–8659. ferc.gov, (866) 208–3676 (toll free), or Federal Energy Regulatory Comment Date: 5:00 p.m. Eastern (202) 502–8659 (TTY). In lieu of Commission’s (Commission) Rules of electronic filing, please send a paper 1 Time on December 8, 2015. Practice and Procedure, the City of copy to: Secretary, Federal Energy Dated: November 17, 2015. Independence, Missouri filed a petition Regulatory Commission, 888 First Street requesting that the Commission waive Nathaniel J. Davis, Sr., NE., Washington, DC 20426. The first reciprocity-based standards of conduct Deputy Secretary. page of any filing should include docket and Open Access Same-Time [FR Doc. 2015–29757 Filed 11–20–15; 8:45 am] number P–13642–003. Information System (OASIS) BILLING CODE 6717–01–P The Commission’s Rules of Practice requirements that might otherwise require all intervenors filing documents apply under Order Nos. 889 2 and 717.3 with the Commission to serve a copy of that document on each person on the 1 18 CFR 385.101(e), 385.207. official service list for the project. 2 Open Access Same-Time Information System (formerly Real-Time Information Networks) and Further, if an intervenor files comments Standards of Conduct, Order No. 889, 61 FR 21,737 or documents with the Commission (May 10, 1996), FERC Stats. & Regs. ¶ 31,035 (1996), relating to the merits of an issue that clarified, 76 FERC ¶ 61,009 (1996), modified, Order may affect the responsibilities of a No. 889–A, 62 FR 12,484 (Mar. 14, 1997), FERC Stats. & Regs. ¶ 31,049 (1997), reh’g denied, Order particular resource agency, they must No. 889–B, 62 FR 64,715 (Dec. 9, 1997), 81 FERC also serve a copy of the document on Order No. 717–A, 74 FR 54,463 (Oct. 22, 2009), ¶ 61,253 (1997), aff’d in part and remanded in part that resource agency. sub nom. Transmission Access Policy Study Grp. v. FERC Stats. & Regs. ¶ 31,297 (2009), clarified, Order No. 717–B, 74 FR 60,153 (Nov. 20, 2009), 129 FERC k. This application has been accepted, FERC, 225 F.3d 667 (D.C. Cir. 2000), aff’d sub nom. but is not ready for environmental New York v. FERC, 535 U.S. 1 (2002). ¶ 61,123 (2009), on reh’g, Order No. 717–C, 75 FR 3 Standards of Conduct for Transmission 20,909 (Apr. 22, 2010), 131 FERC ¶ 61,045 (2010), analysis at this time. Providers, Order No. 717, 73 FR 63,796 (Oct. 27, on reh’g and clarification, Order No. 717–D, 76 FR l. Project Description: The Gordon 2008), FERC Stats. & Regs. ¶ 31,280 (2008), on reh’g, 20,838 (Apr. 14, 2011), 135 FERC ¶ 61,017 (2011). Butte Pumped Storage Project would

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consist of the following new facilities: motions to intervene must be received Filed Date: 11/9/15. (1) A manually operated head gate on an on or before the specified comment date Accession Number: 20151109–5000. existing irrigation canal that provides for the particular application. Comments Due: 5 p.m. ET 11/23/15. initial fill and annual make-up water to All filings must (1) bear in all capital Any person desiring to intervene or the lower reservoir from the existing letters the title ‘‘MOTION TO protest in any of the above proceedings irrigation canal; (2) a 3,000-foot-long, INTERVENE’’ or ‘‘PROTEST’’; (2) set must file in accordance with Rules 211 1,000-foot-wide upper reservoir created forth in the heading the name of the and 214 of the Commission’s by a 60-foot-high, 7,500-foot-long applicant and the project number of the Regulations (18 CFR § 385.211 and concrete-faced rockfill dam; (3) a application to which the filing § 385.214) on or before 5:00 p.m. Eastern reinforced concrete intake/outlet responds; (3) furnish the name, address, time on the specified comment date. structure at the upper reservoir with six and telephone number of the person Protests may be considered, but gated intake bays converging into a protesting or intervening; and (4) intervention is necessary to become a central 18-foot-diameter, 750-foot-long otherwise comply with the requirements party to the proceeding. vertical shaft; (4) an 18-foot-diameter, of 18 CFR 385.2001 through 385.2005. 3,000-foot-long concrete and steel-lined Agencies may obtain copies of the Filings in Existing Proceedings penstock tunnel leading from the upper application directly from the applicant. Docket Numbers: RP11–1898–002. reservoir to the lower reservoir; (5) a A copy of any protest or motion to Applicants: Centra Pipelines 2,300-foot-long, 1,900-foot-wide lower intervene must be served upon each Minnesota Inc. reservoir created by a combination of representative of the applicant specified Description: Compliance filing excavation and two 60-foot-high, 500- in the particular application. Revised Statement of Rates to be and 750-foot-long concrete-faced rockfill A copy of all other filings in reference effective 11/1/2015. dams; (6) a partially buried 338-foot- to this application must be accompanied Filed Date: 11/5/15. long, 109-foot-wide, 74-foot-high by proof of service on all persons listed Accession Number: 20151105–5071. reinforced concrete and steel in the service list prepared by the Comments Due: 5 p.m. ET 11/17/15. powerhouse with four 100-megawatt Commission in this proceeding, in Any person desiring to protest in any (MW) ternary Pelton turbine/pump/ accordance with 18 CFR 4.34(b) and of the above proceedings must file in generators; (7) a 600-foot-long, 200-foot- 385.2010. accordance with Rule 211 of the wide substation at the powerhouse site Dated: November 16, 2015. Commission’s Regulations (18 CFR with 13.8- kilovolt (kV) to 230-kV step- § 385.211) on or before 5:00 p.m. Eastern Nathaniel J. Davis, Sr., up transformers; (8) a 5.7-mile-long, time on the specified comment date. 230-kV transmission line; (9) a Deputy Secretary. The filings are accessible in the substation with a 230-kV to 500-kV step- [FR Doc. 2015–29765 Filed 11–20–15; 8:45 am] Commission’s eLibrary system by up transformer, connecting to an BILLING CODE 6717–01–P clicking on the links or querying the existing non-project 500-kV docket number. transmission line; and (11) appurtenant eFiling is encouraged. More detailed facilities. The project is estimated to DEPARTMENT OF ENERGY information relating to filing provide 1,300 gigawatt-hours annually. requirements, interventions, protests, Federal Energy Regulatory No federal lands are included in the service, and qualifying facilities filings Commission project. can be found at: http://www.ferc.gov/ m. A copy of the application is Combined Notice Of Filings docs-filing/efiling/filing-req.pdf. For available for review at the Commission other information, call (866) 208–3676 in the Public Reference Room or may be Take notice that the Commission has (toll free). For TTY, call (202) 502–8659. viewed on the Commission’s Web site at received the following Natural Gas Dated: November 9, 2015. http://www.ferc.gov using the Pipeline Rate and Refund Report filings: ‘‘eLibrary’’ link. Enter the docket Nathaniel J. Davis, Sr., number excluding the last three digits in Filings Instituting Proceedings Deputy Secretary. the docket number field to access the Docket Numbers: RP16–172–000. [FR Doc. 2015–29760 Filed 11–20–15; 8:45 am] document. For assistance, contact FERC Applicants: Transcontinental Gas BILLING CODE 6717–01–P Online Support. A copy is also available Pipe Line Company. for inspection and reproduction at the Description: § 4(d) Rate Filing: Rate address in item h above. Schedule FTP (Actual Tariff Records) to DEPARTMENT OF ENERGY Register online at http:// be effective 1/1/2016. www.ferc.gov/docs-filing/ Filed Date: 11/5/15. Federal Energy Regulatory esubscription.asp to be notified via Accession Number: 20151105–5054. Commission email of new filings and issuances Comments Due: 5 p.m. ET 11/17/15. [Docket No. RM15–23–000] related to this or other pending projects. Docket Numbers: RP16–173–000. For assistance, contact FERC Online Applicants: Gulf South Pipeline Collection of Connected Entity Data Support. Company, LP. from Regional Transmission n. Anyone may submit a protest or a Description: § 4(d) Rate Filing: Rate Organizations and Independent motion to intervene in accordance with Case Settlement Amendments 3 to be System Operators; Notice of Technical the requirements of Rules of Practice effective 11/1/2015. Conference and Procedure, 18 CFR 385.210, .211, Filed Date: 11/5/15. 1 and .214. In determining the appropriate Accession Number: 20151105–5189. By order dated November 10, 2015, action to take, the Commission will Comments Due: 5 p.m. ET 11/17/15. the Commission directed staff to consider all protests or other comments Docket Numbers: RP16–174–000. convene a technical conference filed, but only those who file a motion Applicants: Paiute Pipeline Company. 1 Collection of Connected Entity Data from to intervene in accordance with the Description: Compliance filing Regional Transmission Organizations and Commission’s Rules may become a Compliance Filing—CP14–509 to be Independent System Operators, 153 FERC ¶ 61,162 party to the proceeding. Any protests or effective 12/15/2015. (2015).

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regarding the Notice of Proposed The conference is open to the public. Filed Date: 11/17/15. Rulemaking on the Collection of Commission conferences are accessible Accession Number: 20151117–5135. Connected Entity Data from Regional under section 508 of the Rehabilitation Comments Due: 5 p.m. ET 12/8/15. Transmission Organizations and Act of 1973. For accessibility Docket Numbers: ER16–341–000. Independent System Operators (NOPR) accommodations please send an email Applicants: RE Astoria LLC. issued on September 17, 2015. This to [email protected] or call toll free Description: Baseline eTariff Filing: NOPR proposes to amend the 1–866–208–3372 (voice) or 202–502– Application for MBR to be effective Commission’s regulations to require 8659 (TTY); or send a fax to 202–208– 1/18/2016. each regional transmission organization 2106 with the required Filed Date: 11/17/15. (RTO) and independent system operator accommodations. Accession Number: 20151117–5145. (ISO) to electronically deliver to the For more information about this Comments Due: 5 p.m. ET 12/8/15. Commission, on an ongoing basis, data technical conference, please contact The filings are accessible in the required from its market participants Kathryn Kuhlen, 202–502–6855, Commission’s eLibrary system by that would (i) identify the market [email protected]; Jamie Marcos, clicking on the links or querying the participants by means of a common 202–502–6628, [email protected]; docket number. alpha-numeric identifier; (ii) list their or David Pierce, 202–502–6454, Any person desiring to intervene or ‘‘Connected Entities,’’ which includes [email protected]. protest in any of the above proceedings entities that have certain ownership, Dated: November 17, 2015. must file in accordance with Rules 211 employment, debt, or contractual Nathaniel J. Davis, Sr., and 214 of the Commission’s relationships to the market participants, Deputy Secretary. Regulations (18 CFR 385.211 and as specified in the NOPR; and (iii) [FR Doc. 2015–29756 Filed 11–20–15; 8:45 am] 385.214) on or before 5:00 p.m. Eastern describe in brief the nature of the time on the specified comment date. BILLING CODE 6717–01–P relationship of each Connected Entity. Protests may be considered, but The Commission also postponed the intervention is necessary to become a due date for comments on the NOPR DEPARTMENT OF ENERGY party to the proceeding. until 45 days after the technical eFiling is encouraged. More detailed conference. Therefore, comments will Federal Energy Regulatory information relating to filing now be due on January 22, 2016. Commission requirements, interventions, protests, Take notice that such conference will service, and qualifying facilities filings be held on December 8, 2015, at the Combined Notice of Filings #2 can be found at: http://www.ferc.gov/ Commission’s headquarters at 888 First Take notice that the Commission docs-filing/efiling/filing-req.pdf. For Street NE., Washington, DC 20426 received the following electric rate other information, call (866) 208–3676 between 10:00 am and 1:00 pm (Eastern filings: (toll free). For TTY, call (202) 502–8659. Time) in the Commission Meeting Dated: November 17, 2015. Room. The technical conference will be Docket Numbers: ER16–337–000. Nathaniel J. Davis, Sr., led by Commission staff and may be Applicants: AEP Texas North attended by one or more Company. Deputy Secretary. Description: § 205(d) Rate Filing: Commissioners. Those who would like [FR Doc. 2015–29752 Filed 11–20–15; 8:45 am] TNC-Rattlesnake Power SUA to be to submit questions related to the NOPR BILLING CODE 6717–01–P effective 10/30/2015. for staff to address during the technical Filed Date: 11/17/15. conference should email their questions Accession Number: 20151117–5100. DEPARTMENT OF ENERGY to [email protected] no later than Comments Due: 5 p.m. ET 12/8/15. December 1, 2015. Additional Docket Numbers: ER16–338–000. Federal Energy Regulatory information regarding the conference Applicants: Southern California Commission program will be provided in a Edison Company. subsequent supplemental notice of Description: § 205(d) Rate Filing: Combined Notice of Filings #1 technical conference. Service Agreement with Pristine Sun Take notice that the Commission The technical conference will be Fund 9, LLC to be effective 1/17/2016. received the following electric rate webcast, but not be transcribed. The free Filed Date: 11/17/15. webcast will allow persons to listen to Accession Number: 20151117–5107. filings: the technical conference, but not Comments Due: 5 p.m. ET 12/8/15. Docket Numbers: ER11–4633–003. participate. Anyone with internet access Docket Numbers: ER16–339–000. Applicants: Madison Gas & Electric who wants to listen to the conference Applicants: PJM Interconnection, Company. can do so by navigating to the Calendar L.L.C. Description: Supplement to June 29, of Events at www.ferc.gov and locating Description: § 205(d) Rate Filing: 2015 Triennial Market Based Rate filing the technical conference in the Revisions to OATT and OA re eMarket of Madison Gas & Electric Company. Calendar. The technical conference will to Markets Gateway Change to be Filed Date: 11/16/15. contain a link to its webcast. The effective 1/18/2016. Accession Number: 20151116–5269. Capitol Connection provides technical Filed Date: 11/17/15. Comments Due: 5 p.m. ET 12/7/15. support for the webcast and offers the Accession Number: 20151117–5118. Docket Numbers: ER16–89–002. option of listening to the meeting via Comments Due: 5 p.m. ET 12/8/15. Applicants: Jether Energy Research, phone-bridge for a fee. If you have any Docket Numbers: ER16–340–000. LTD. questions, visit Applicants: Midcontinent Description: Tariff Amendment: 2nd www.CapitolConnection.org or call 703– Independent System Operator, Inc. Amended MBR Application to be 993–3100. The webcast will be available Description: § 205(d) Rate Filing: effective 12/14/2015. on the Calendar of Events on the 2015–11–17_SA 2869 ATC Briggs Rd–N. Filed Date: 11/16/15. Commission’s Web site www.ferc.gov for Madison T–TIA to be effective 10/30/ Accession Number: 20151116–5210. three months after the conference. 2015. Comments Due: 5 p.m. ET 12/7/15.

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Docket Numbers: ER16–336–000. Natural Gas Act for authorization to EA in the Commission’s public record Applicants: Pure Energy, Inc. abandon certain facilities located on the for this proceeding or the issuance of a Description: Compliance filing: Pure Bay Junop/Bay Round 8-inch pipeline Notice of Schedule for Environmental Energy eTariff Filing to be effective 11/ in Terrebonne Parish, Louisiana and Review will serve to notify federal and 17/2015. Louisiana State waters. Specifically, state agencies of the timing for the Filed Date: 11/17/15. Texas Gas proposes to abandon by sale completion of all necessary reviews, and Accession Number: 20151117–5071. to Energy Properties, Inc approximately the subsequent need to complete all Comments Due: 5 p.m. ET 12/8/15. 14.72 miles of 8.625-inch-diameter federal authorizations within 90 days of Take notice that the Commission pipeline, including ancillary auxiliary the date of issuance of the Commission received the following electric facilities and appurtenances. Texas Gas staff’s FEIS or EA. reliability filings: does not propose any removal of the Persons who wish to comment only Docket Numbers: RR15–11–001. Facilities in order to effectuate the on the environmental review of this Applicants: North American Electric abandonment, all as more fully set forth project should submit an original and Reliability Corporation. in the application which is on file with two copies of their comments to the Description: Compliance Filing of the the Commission and open to public Secretary of the Commission. North American Electric Reliability inspection. The filing may also be Environmental commenter’s will be Corporation and Request for Approval viewed on the web at http:// placed on the Commission’s of Amended Compliance and www.ferc.gov using the ‘‘eLibrary’’ link. environmental mailing list, will receive Certification Committee Charter. Enter the docket number excluding the copies of the environmental documents, Filed Date: 11/17/15. last three digits in the docket number and will be notified of meetings Accession Number: 20151117–5054. field to access the document. For associated with he Commission’s Comments Due: 5 p.m. ET 12/8/15. assistance, contact FERC at environmental review process. The filings are accessible in the [email protected] or call Environmental commenter’s will not be Commission’s eLibrary system by toll-free, (866) 208–3676 or TTY, (202) required to serve copies of filed clicking on the links or querying the 502–8659. documents on all other parties. docket number. Any questions regarding this However, the non-party commentary, Any person desiring to intervene or Application should be directed to Kathy will not receive copies of all documents protest in any of the above proceedings D. Fort, Manager, Certificates and filed by other parties or issued by the must file in accordance with Rules 211 Tariffs, Texas Gas Transmission, LLC, Commission (except for the mailing of 610 West 2nd Street, Owensboro, and 214 of the Commission’s environmental documents issued by the Kentucky 42301, by calling (270) 688– Regulations (18 CFR 385.211 and Commission) and will not have the right 6825, or by email at 385.214) on or before 5:00 p.m. Eastern to seek court review of the [email protected]. Commission’s final order. time on the specified comment date. Any person may, within 60 days after Protests may be considered, but the issuance of the instant notice by the The Commission strongly encourages intervention is necessary to become a Commission, file pursuant to Rule 214 electronic filings of comments, protests, party to the proceeding. of the Commission’s Procedural Rules and interventions via the internet in lieu eFiling is encouraged. More detailed (18 CFR 385.214) a motion to intervene of paper. See 18 CFR 385.2001(a) (1) (iii) information relating to filing or notice of intervention. Any person and the instructions on the requirements, interventions, protests, filing to intervene or the Commission’s Commission’s Web site (www.ferc.gov) service, and qualifying facilities filings staff may, pursuant to section 157.205 of under the ‘‘e-Filing’’ link. Persons can be found at: http://www.ferc.gov/ the Commission’s Regulations under the unable to file electronically should docs-filing/efiling/filing-req.pdf. For NGA (18 CFR 157.205) file a protest to submit original and 5 copies of the other information, call (866) 208–3676 the request. If no protest is filed within protest or intervention to the Federal (toll free). For TTY, call (202) 502–8659. the time allowed therefore, the proposed Energy Regulatory Commission, 888 Dated: November 17, 2015. activity shall be deemed to be First Street NE., Washington, DC 20426. Nathaniel J. Davis, Sr., authorized effective the day after the Dated: November 17, 2015. Deputy Secretary. time allowed for protest. If a protest is Nathaniel J. Davis, Sr., [FR Doc. 2015–29751 Filed 11–20–15; 8:45 am] filed and not withdrawn within 30 days Deputy Secretary. after the time allowed for filing a BILLING CODE 6717–01–P [FR Doc. 2015–29754 Filed 11–20–15; 8:45 am] protest, the instant request shall be treated as an application for BILLING CODE 6717–01–P DEPARTMENT OF ENERGY authorization pursuant to section 7 of the NGA. DEPARTMENT OF ENERGY Federal Energy Regulatory Pursuant to section 157.9 of the Commission Commission’s rules, 18 CFR 157.9, Federal Energy Regulatory within 90 days of this Notice the Commission [Docket No. CP16–16–000] Commission staff will either: complete its environmental assessment (EA) and Texas Gas Transmission, LLC; Notice [EL16–14–000] of Request Under Blanket place it into the Commission’s public Authorization record (eLibrary) for this proceeding; or Indiana Municipal Power Agency; issue a Notice of Schedule for Notice of Filing Take notice that on November 6, 2015 Environmental Review. If a Notice of Texas Gas Transmission, LLC (Texas Schedule for Environmental Review is Take notice that on November 13, Gas), 9 Greenway Plaza, Suite 28000 issued, it will indicate, among other 2015, Indiana Municipal Power Agency Houston, Texas 77046 filed a prior milestones, the anticipated date for the submitted an application for proposed notice request pursuant to sections Commission staff’s issuance of the final revenue requirement for reactive supply 157.205 and 157.216(b) of the environmental impact statement (FEIS) service from its 24.95 percent interest in Commission’s regulations under the or EA for this proposal. The filing of the Gibson Unit No. 5.

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Any person desiring to intervene or to Accession Number: 20151113–5255. Filed Date: 11/13/15. protest this filing must file in Comments Due: 5 p.m. ET 12/4/15. Accession Number: 20151113–5212. accordance with Rules 211 and 214 of Take notice that the Commission Comments Due: 5 p.m. ET 12/4/15. the Commission’s Rules of Practice and received the following electric rate Procedure (18 CFR 385.211, 385.214). filings: Docket Numbers: ER16–329–000. Protests will be considered by the Docket Numbers: ER12–2068–009; Applicants: Sky River Asset Holdings, Commission in determining the ER15–1471–003; ER10–2460–009; LLC. appropriate action to be taken, but will ER10–2461–009; ER12–2159–005; Description: Tariff Cancellation: Sky not serve to make protestants parties to ER12–682–010; ER10–2463–009; ER15– River Asset Holdings, LLC Cancellation the proceeding. Any person wishing to 1672–002; ER11–2201–013; ER10–2464– of MBR Tariff to be effective 11/16/ become a party must file a notice of 006; ER10–1821–010; ER13–1139–012; 2015. intervention or motion to intervene, as ER13–1585–006; ER12–2205–006; Filed Date: 11/13/15. appropriate. Such notices, motions, or ER10–2465–005; ER11–2657–006; Accession Number: 20151113–5214. protests must be filed on or before the ER13–17–007; ER14–2630–005; ER12– Comments Due: 5 p.m. ET 12/4/15. comment date. On or before the 919–004; ER12–1311–009; ER10–2466– comment date, it is not necessary to 010; ER11–4029–009. Docket Numbers: ER16–330–000. serve motions to intervene or protests Applicants: Blue Sky East, LLC, Blue Applicants: Midcontinent on persons other than the Applicant. Sky West, LLC, Canandaigua Power Independent System Operator, Inc. The Commission encourages Partners, LLC, Canandaigua Power electronic submission of protests and Description: Request for Waiver of Partners II, LLC, Canadian Hills Wind, Midcontinent Independent System interventions in lieu of paper using the LLC, Erie Wind, LLC, Evergreen Wind ‘‘eFiling’’ link at http://www.ferc.gov. Operator, Inc. Power, LLC, Evergreen Wind Power II, Filed Date: 11/13/15. Persons unable to file electronically LLC, Evergreen Wind Power III, LLC, should submit an original and 5 copies First Wind Energy Marketing, LLC, Accession Number: 20151113–5266. of the protest or intervention to the Goshen Phase II LLC, Imperial Valley Comments Due: 5 p.m. ET 12/4/15. Federal Energy Regulatory Commission, Solar 1, LLC, Longfellow Wind, LLC, Take notice that the Commission 888 First Street, NE., Washington, DC Meadow Creek Project Company LLC, received the following electric 20426. Milford Wind Corridor Phase I, LLC, reliability filings: This filing is accessible on-line at Milford Wind Corridor Phase II, LLC, http://www.ferc.gov, using the Niagara Wind Power, LLC, Regulus Docket Numbers: RD16–1–000. ‘‘eLibrary’’ link and is available for Solar, LLC, Rockland Wind Farm LLC, Applicants: North American Electric review in the Commission’s Public Stetson Holdings, LLC, Stetson Wind II, Reliability Corporation. Reference Room in Washington, DC. LLC, Vermont Wind, LLC. Description: Petition of the North There is an ‘‘eSubscription’’ link on the Description: Notice of Non-Material American Electric Reliability Web site that enables subscribers to Change in Status of Blue Sky East, LLC, Corporation for Approval of Proposed receive email notification when a et al. Reliability Standard MOD–031–2. document is added to a subscribed Filed Date: 11/13/15. Filed Date: 11/13/15. docket(s). For assistance with any FERC Accession Number: 20151113–5271. Accession Number: 20151113–5279. Online service, please email Comments Due: 5 p.m. ET 12/4/15. Comments Due: 5 p.m. ET 12/16/15. [email protected], or call Docket Numbers: ER15–1582–002. (866) 208–3676 (toll free). For TTY, call Applicants: 65HK 8me LLC. The filings are accessible in the (202) 502–8659. Description: Notice of Non-Material Commission’s eLibrary system by Comment Date: 5:00 p.m. Eastern Change in Status of 65HK 8me LLC. clicking on the links or querying the Time on December 4, 2015. Filed Date: 11/13/15. docket number. Dated: November 16, 2015. Accession Number: 20151113–5216. Any person desiring to intervene or Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 12/4/15. protest in any of the above proceedings Deputy Secretary. Docket Numbers: ER15–1914–002. must file in accordance with Rules 211 [FR Doc. 2015–29763 Filed 11–20–15; 8:45 am] Applicants: 87RL 8me LLC. and 214 of the Commission’s BILLING CODE 6717–01–P Description: Notice of Non-Material Regulations (18 CFR 385.211 and Change in Status of 87RL 8me LLC. 385.214) on or before 5:00 p.m. Eastern Filed Date: 11/13/15. time on the specified comment date. DEPARTMENT OF ENERGY Accession Number: 20151113–5217. Protests may be considered, but Comments Due: 5 p.m. ET 12/4/15. intervention is necessary to become a Federal Energy Regulatory Docket Numbers: ER16–327–000. party to the proceeding. Commission Applicants: EDF Trading North eFiling is encouraged. More detailed America, LLC. Combined Notice of Filings #1 information relating to filing Description: § 205(d) Rate Filing: requirements, interventions, protests, Take notice that the Commission Compliance 2015 to be effective 11/16/ service, and qualifying facilities filings received the following exempt 2015. can be found at: http://www.ferc.gov/ wholesale generator filings: Filed Date: 11/13/15. docs-filing/efiling/filing-req.pdf. For Docket Numbers: EG16–21–000. Accession Number: 20151113–5211. other information, call (866) 208–3676 Applicants: Central Antelope Dry Comments Due: 5 p.m. ET 12/4/15. (toll free). For TTY, call (202) 502–8659. Ranch C LLC. Docket Numbers: ER16–328–000. Dated: November 16, 2015. Description: Notice of Self- Applicants: Cogentrix Virginia Certification of Exempt Wholesale Financing Holding Company. Nathaniel J. Davis, Sr., Generator (EWG) Status of Central Description: Baseline eTariff Filing: Deputy Secretary. Antelope Dry Ranch C LLC. MBR Application to be effective 1/12/ [FR Doc. 2015–29758 Filed 11–20–15; 8:45 am] Filed Date: 11/13/15. 2016. BILLING CODE 6717–01–P

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ENVIRONMENTAL PROTECTION decision-making process. You are 7. Marijuana and pesticides use AGENCY invited and encouraged to attend the 8. Bee kill reporting meetings and participate as appropriate. 9. Laboratory Issues [EPA–HQ–OPP–2015–0086; FRL–9937–08] Potentially affected entities may a. Update on persistent herbicide AAPCO/SFIREG Full Committee; include, but are not limited to persons Solid Phase Extraction (SPE) Notice of Public Meeting who are or may be required to conduct method testing of chemical substances under the b. Contaminants in formulation AGENCY: Environmental Protection Federal Food, Drug and Cosmetics Act samples Agency (EPA). (FFDCA), or the Federal Insecticide, 10. Adjusting time allocations for ACTION: Notices. Fungicide, and Rodenticide Act (FIFRA) pesticide inspections and those who sell, distribute or use 11. Federal inspector credentials, SUMMARY: The Association of American pesticides, as well as any non- program-specific training Pesticide Control Officials (AAPCO)/ government organization. If you have requirements State FIFRA Issues Research and any questions regarding the III. How can I request to participate in Evaluation Group (SFIREG), Full applicability of this action to a this meeting? Committee will hold a 2-day meeting, particular entity please consult the beginning on December 7, 2015, and person in this notice listed under FOR This meeting is open for the public to ending December 8, 2015. This notice FURTHER INFORMATION CONTACT. attend. You may attend the meeting announces the location and times for without further notification. B. How can I get copies of this document the meeting and sets forth topics that Authority: 7 U.S.C. 136 et seq. may be included in the agenda. This and other related information? notice also announces the The docket for this action, identified Dated: November 17, 2015. discontinuation of SFIREG meeting by docket identification (ID) number Jacqueline E. Mosby, announcements via the Federal EPA–HQ–OPP–2015–0086, is available Director, Field and External Affairs Division, Register. Future meeting at http://www.regulations.gov or at the Office of Pesticide Protection. announcements will be made at the Office of Pesticide Programs Regulatory [FR Doc. 2015–29803 Filed 11–20–15; 8:45 am] following Web site: www2.epa.gov/ Public Docket (OPP Docket) in the BILLING CODE 6560–50–P pesticides. Environmental Protection Agency DATES: The meeting will be held on Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 ENVIRONMENTAL PROTECTION Monday, December 7, 2015, from 8:00 AGENCY a.m. to 4:00 p.m. and from 8:00 a.m. to Constitution Ave. NW., Washington DC 20460–0001. The Public Reading Room 12:00 p.m. on Tuesday, December 8, [FRL–9939–22–OARM] 2015. is open from 8:30 a.m. to 4:30 p.m., To request accommodation for a Monday through Friday, excluding legal Senior Executive Service Performance disability you should please contact the holidays. The telephone number for the Review Board; Membership person listed in this notice under FOR Public Reading Room is (202) 566–1744, FURTHER INFORMATON CONTACT. Please and the telephone number for the OPP AGENCY: U.S. Environmental Protection contact EPA at least 10 days prior to the Docket is (703) 305–5805. Please review Agency (EPA). meeting, to give EPA as much time as the visitor instructions and additional ACTION: Notice. possible to process your request. information about the docket available at http://www.epa.gov/dockets. SUMMARY: Notice is hereby given of the ADDRESSES: The meeting will be held at membership of the U.S. Environmental II. Background EPA, One Potomac Yard (South Bldg.), Protection Agency (EPA) Performance First Floor, South Conference Room, This section sets forth topics that may Review Board for 2015. 2777 Crystal Dr., Arlington, VA. be on the agenda of this meeting. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: 1. Discussion of the Certification and Karen D. Higginbotham, Director, Yvette S. Hopkins, Field and External Training (C&T) rule Executive Resources Division, 3606A, Affairs Division, Rm. 7506P, Office of a. Soil fumigation category and its Office of Human Resources, Office of Pesticide Programs, Environmental role in certification and training Administration and Resources Protection Agency, 1200 Pennsylvania trends (state vs. federal vs. industry Management, U.S. Environmental Ave. NW., Washington, DC 20460–0001; oversight) Protection Agency, 1200 Pennsylvania telephone number: (703) 308–1090; fax b. Potential problems Avenue NW., Washington, DC 20460 number: (703) 305–5884; email address: 2. Awarded Worker Protection (WPS) (202) 564–7287. [email protected] or Amy grants Bamber, SFIREG Executive Secretary, at a. Guidance on how SFIREG should SUPPLEMENTARY INFORMATION: Section [email protected]. interact with these grantees 4314(c)(1) through (5) of Title 5, U.S.C., requires each agency to establish in SUPPLEMENTARY INFORMATION: b. Grants for conducting meeting and establishing a group similar to accordance with regulations prescribed I. General Information CTAG for WPS by the Office of Personnel Management, one or more SES performance review A. Does this action apply to me? c. Developing educational materials 3. WPS inspection guidance document boards. This board shall review and You may be potentially affected by 4. Pesticide Safety and Education evaluate the initial appraisal of a senior this action if you are interested in Program (PSEP) funding update executive’s performance by the pesticide regulation issues affecting (Goal 1) supervisor, along with any States and any discussion between EPA 5. Joint Working Committee’s proposed recommendations to the appointment and SFIREG on FIFRA field Managed Pollinator Protection authority relative to the performance of implementation issues related to human Plans (MP3) effectiveness metrics the senior executive. health, environmental exposure to 6. Drones [unmanned aerial vehicles Members of the 2015 EPA pesticides, and insight into EPA’s (UAV)] and pesticides Performance Review Board are:

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Richard Albright, Director, Office of Administration and Resources Donna Vizian, Principal Deputy Environmental Cleanup, Region 10 Management Assistant Administrator, Office of John Armstead, Director, Land and Karen D. Higginbotham (Ex-Officio), Administration and Resources Chemicals Division, Region 3 Director, Executive Resources Management Beverly Banister, Director, Air, Division, Office of Human Resources, Anna Wood, Director, Air Quality Pesticides and Toxics Management Office of Administration and Policy Division, Office of Air and Division, Region 4 Resources Management Radiation Amy Battaglia, Director, Office of Randy Hill, Deputy Assistant Jeffery Wells, Deputy Director, Office of Program Accountability and Administrator, Office of International Information Analysis and Access, Resources Management, Office of and Tribal Affairs Office of Environmental Information Research and Development W. Barnes Johnson, Director, Office of Christopher Zarba, Director, Science Denise Benjamin-Sirmons, Director, Resource Conservation and Recovery, Advisory Board Staff Office, Office of Office of Diversity, Advisory Office of Solid Waste and Emergency the Administrator Committee Management and Response Dated: November 13, 2015. Outreach, Office of Administration Richard Karl, Director, Superfund and Resources Managment Division, Region 5 Karl Brooks, Jerry Blancato, Director, Office of Michael Kenyon, Assistant Regional Acting Assistant Administrator, Office of Science Information Management, Administrator for Administration and Administration and Resources Management. Office of Research and Development Resources Management, Region 1 [FR Doc. 2015–29801 Filed 11–20–15; 8:45 am] David Bloom, Acting Chief Financial Richard Keigwin, Director, Special BILLING CODE 6560–50–P Officer, Office of the Chief Financial Review and Reregistration Division, Officer Office of Chemical Safety and Michael Brincks, Assistant Regional Pollution Prevention ENVIRONMENTAL PROTECTION Administrator for Policy & Jeff Lape, Deputy Director, Office of AGENCY Management, Region 7 Science and Technology, Office of [FRL–9939–21–Region 10] Jeanne Briskin, Research Program Water Manager, Office of Research and David Lloyd, Director, Office of Proposed CERCLA Administrative Development Brownfields and Land Revitalization, Settlement; Bremerton Auto Wrecking/ Karl Brooks, Acting Assistant Office of Solid Waste and Emergency Gorst Creek Landfill Site, Port Orchard, Administrator, Office of Response and Compliance Assurance Washington Administration and Resources Robert McKinney, Senior Agency Managment Information Security Officer, Office of AGENCY: Environmental Protection Rebecca Clark, Deputy Director, Office Environmental Information Agency (EPA). of Ground Water and Drinking Water, Rebecca Moser, Deputy Director, Office ACTION: Notice of proposed settlement; Office of Water of Information Collection, Office of request for public comment. Sam Coleman, Deputy Regional Environment Information Administrator, Region 6 Aracely Nunez-Mattocks, Chief of Staff, SUMMARY: Notice is hereby given of a Barbara A. Cunningham, Deputy Office of Inspector General proposed administrative settlement for Director, Office of Pollution Elise Packard, Associate General payment of response costs at the Prevention and Toxics (Management), Counsel, Civil Rights and Finance Bremerton Auto Wrecking/Gorst Creek Office of Chemical Safety and Law, Office of General Counsel Landfill Site in Port Orchard, Pollution Prevention Michelle Pirzadeh, Deputy Washington with the United States Rafael DeLeon, Deputy Director, Office Administrator, Region 10 Department of the Navy and the ST of Site Remediation Enforcement, John Reeder, Deputy Chief of Staff, Trust. The payment of response costs Office of Enforcement and Office of the Administrator will fund implementation of a response Compliance Assurance Christopher Robbins, Acting Principal action currently estimated to cost Alfred P. Dufour, Senior Research Deputy Assistant Administrator, approximately $27,605,000. The Microbiologist, Office of Research and Office of Research and Development proposed settlement will provide the Development Carol Ann Siciliano, Associate General settling parties with a release of liability Alan Farmer, Director, Resource Counsel, Cross-Cutting Issues, Office subject to certain rights reserved by the Conservation and Recovery Act of General Counsel Agency. The proposed settlement has Division, Region 4 Stefan Silzer, Director, Office of been reviewed by the Department of John Filippelli, Director, Clean Air and Financial Management, Office of the Justice. Sustainability Division, Region 2 Chief Financial Officer For thirty (30) days following the date Karen Flournoy, Director, Water, Walker Smith, Director, Office of Global of publication of this notice, the Agency Wetlands and Pesticides Division, Affairs and Policy, Office of will receive written comments relating Region 7 International and Tribal Affairs to the settlement. The Agency will Michael Flynn, Director, Office of Allyn Stern, Regional Counsel, Region consider all comments received and Radiation and Indoor Air, Office of 10, Office of Enforcement and may modify or withdraw its consent to Air and Radiation Compliance Assurance the settlement if comments received Joyce Frank, Principal Deputy Associate Alexis Strauss, Deputy Regional disclose facts or considerations which Administrator for Congressional and Administrator, Region 9 indicate that the settlement is Intergovernmental Relations, Office of Susan Studlien, Director, Office of inappropriate, improper, or inadequate. the Administrator Environmental Stewardship, Region 1 The Agency’s response to any comments Velveta Golightly-Howell, (Ex-Officio), Kevin Teichman, Senior Science received will be available for public Director, Office of Civil Rights, Office Advisor, Office of Research and inspection at the Environmental of the Administrator Development Protection Agency (EPA) Region 10 Angela Freeman, Deputy Director, Debra Thomas, Deputy Regional offices, located at 1200 Sixth Avenue, Office of Human Resources, Office of Administrator, Region 8 Seattle, Washington 98101.

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DATES: Comments must be submitted on waste removal, the creek ravine will be DEPARTMENT OF HEALTH AND or before December 23, 2015. restored to provide proper hydrological HUMAN SERVICES ADDRESSES: The proposed settlement is and ecological functions, including available for public inspection at the restoration of fish habitat and migration. Centers for Medicare & Medicaid U.S. EPA Region 10 offices, located at The response action is expected to take Services 1200 Sixth Avenue, Seattle, Washington approximately one-year and will cost an [Document Identifiers: CMS–10400] 98101. A copy of the proposed estimated $27,605,000. The proposed settlement may be obtained from Teresa settlement will provide the settling Agency Information Collection Luna, Regional Hearing Clerk, U.S. EPA parties with a release of liability subject Activities: Proposed Collection; Region 10, Mail Stop ORC–113, 1200 to certain rights reserved by the Agency. Comment Request Sixth Avenue, Suite 900, Seattle, Dated: November 16, 2015. AGENCY: Centers for Medicare & Washington 98101; (206) 553–1632. Medicaid Services. Comments should reference the Richard Albright, Bremerton Auto Wrecking/Gorst Creek Director, Office of Environmental Cleanup. ACTION: Notice. Landfill in Port Orchard, Washington, [FR Doc. 2015–29798 Filed 11–20–15; 8:45 am] SUMMARY: The Centers for Medicare & EPA Docket No. CERCLA–10–2016– BILLING CODE 6560–50–P Medicaid Services (CMS) is announcing 0041 and should be addressed to an opportunity for the public to Alexander Fidis, Assistant Regional comment on CMS’ intention to collect Counsel, U.S. EPA Region 10, Mail Stop information from the public. Under the ORC–113, 1200 Sixth Avenue, Suite FEDERAL RESERVE SYSTEM Paperwork Reduction Act of 1995 (the 900, Seattle, Washington 98101. PRA), federal agencies are required to FOR FURTHER INFORMATION CONTACT: Change in Bank Control Notices; publish notice in the Federal Register Alexander Fidis, Assistant Regional Acquisitions of Shares of a Bank or concerning each proposed collection of Counsel, U.S. EPA Region 10, Mail Stop Bank Holding Company information (including each proposed ORC–113, 1200 Sixth Avenue, Suite extension or reinstatement of an existing 900, Seattle, Washington 98101; (206) The notificants listed below have collection of information) and to allow 553–4710. applied under the Change in Bank 60 days for public comment on the SUPPLEMENTARY INFORMATION: In Control Act (12 U.S.C. 1817(j)) and proposed action. Interested persons are accordance with Section 122(i) of the § 225.41 of the Board’s Regulation Y (12 invited to send comments regarding our Comprehensive Environmental CFR 225.41) to acquire shares of a bank burden estimates or any other aspect of Response, Compensation and Liability or bank holding company. The factors this collection of information, including Act (CERCLA), 42 U.S.C. 9622(i), EPA is that are considered in acting on the any of the following subjects: (1) The providing notice of a proposed notices are set forth in paragraph 7 of necessity and utility of the proposed administrative settlement for payment the Act (12 U.S.C. 1817(j)(7)). information collection for the proper of response costs at the Bremerton Auto The notices are available for performance of the agency’s functions; Wrecking/Gorst Creek Landfill Site in immediate inspection at the Federal (2) the accuracy of the estimated Port Orchard, Washington with the Reserve Bank indicated. The notices burden; (3) ways to enhance the quality, following settlement parties: The United also will be available for inspection at utility, and clarity of the information to States Department of the Navy and the the offices of the Board of Governors. be collected; and (4) the use of ST Trust. The Bremerton Auto Interested persons may express their automated collection techniques or Wrecking/Gorst Creek Landfill Site is a views in writing to the Reserve Bank other forms of information technology to triangular shaped parcel of indicated for that notice or to the offices minimize the information collection approximately 5.7 acres located within of the Board of Governors. Comments burden. a ravine through which Gorst Creek must be received not later than DATES: Comments must be received by flows. To create the landfill Gorst Creek December 8, 2015. January 22, 2016. was channeled through a 24-inch steel A. Federal Reserve Bank of Kansas ADDRESSES: When commenting, please culvert placed at the bottom of the City (Dennis Denney, Assistant Vice reference the document identifier or ravine. From 1968 until 1989, waste was President) 1 Memorial Drive, Kansas OMB control number. To be assured disposed in the creek ravine on top of City, Missouri 64198–0001: consideration, comments and the culvert. The weight of the waste has recommendations must be submitted in crushed the culvert in at least two 1. Floyd C. Eaton, Jr. Heritage any one of the following ways: locations and diminished flow capacity. Bancshares Stock Trust and Floyd 1. Electronically. You may send your The diminished flow capacity causes Charles Eaton Jr., both of Auburn, comments electronically to http:// Gorst Creek to impound upstream of the Kansas, as Trustee, and James A. www.regulations.gov. Follow the landfill, resulting in water seeping Klausman Heritage Bancshares Stock instructions for ‘‘Comment or through and flowing over the surface of Trust and James Albert Klausman, both Submission’’ or ‘‘More Search Options’’ the landfill. During periods of heavy of Topeka, Kansas, as Trustee; to retain to find the information collection precipitation erosion of the landfill voting shares of Heritage Bancshares document(s) that are accepting disperses waste material and debris into Inc., and thereby indirectly retain voting comments. the downstream reaches of Gorst Creek. shares of Heritage Bank, both in Topeka, 2. By regular mail. You may mail The landfill is estimated to contain Kansas. written comments to the following approximately 150,000 cubic yards of Board of Governors of the Federal Reserve address: CMS, Office of Strategic waste. System, November 18, 2015. Operations and Regulatory Affairs, The Agency is proposing to enter into Division of Regulations Development, an administrative agreement with the Michael J. Lewandowski, Attention: Document Identifier/OMB settling parties to fund a response action Associate Secretary of the Board. Control Number ___ Room C4–26–05, to remove and properly dispose of waste [FR Doc. 2015–29771 Filed 11–20–15; 8:45 am] 7500 Security Boulevard, Baltimore, disposed in the creek ravine. Following BILLING CODE 6210–01–P Maryland 21244–1850.

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To obtain copies of a supporting and Education Reconciliation Act, DEPARTMENT OF HEALTH AND statement and any related forms for the Public Law 111–152, enacted on March HUMAN SERVICES proposed collection(s) summarized in 30, 2010 (collectively, ‘‘Affordable Care this notice, you may make your request Act’’), expand access to health Administration for Children and using one of following: insurance for individuals and Families 1. Access CMS’ Web site address at employees of small businesses through http://www.cms.hhs.gov/ the establishment of new Affordable Submission for OMB Review; PaperworkReductionActof1995. Insurance Exchanges (Exchanges), Comment Request 2. Email your request, including your including the Small Business Health Title: Job Search Assistance (JSA) address, phone number, OMB number, Options Program (SHOP). and CMS document identifier, to Strategies Evaluation. [email protected]. As directed by the rule Establishment OMB No.: 0970–0440. of Exchanges and Qualified Health 3. Call the Reports Clearance Office at Description: The Administration for Plans; Exchange Standards for (410) 786–1326. Children and Families (ACF) is Employers (77 FR 18310) (Exchange FOR FURTHER INFORMATION CONTACT: proposing a data collection activity as Reports Clearance Office at (410) 786– rule), each Exchange will assume part of the Job Search Assistance (JSA) 1326. responsibilities related to the Strategies Evaluation. The JSA certification and offering of Qualified SUPPLEMENTARY INFORMATION: evaluation aims to determine which JSA Health Plans (QHPs). To offer insurance strategies are most effective in moving Contents through an Exchange, a health insurance TANF applicants and recipients into issuer must have its health plans This notice sets out a summary of the work. The impact study will randomly certified as QHPs by the Exchange. A use and burden associated with the assign individuals to contrasting JSA QHP must meet certain minimum following information collections. More approaches and then compare their certification standards, such as network detailed information can be found in employment and earnings to determine adequacy, inclusion of Essential each collection’s supporting statement their relative effectiveness. The Community Providers (ECPs), and non- and associated materials (see implementation study will describe discrimination. The Exchange is ADDRESSES). services participants receive under each CMS–10400 Establishment of responsible for ensuring that QHPs meet approach as well as provide operational Qualified Health Plans and these minimum certification standards lessons gathered directly from American Health Benefit Exchanges as described in the Exchange rule under practitioners. 45 CFR 155 and 156, based on the Under the PRA (44 U.S.C. 3501– Two data collection efforts have been Affordable Care Act, as well as other 3520), federal agencies must obtain previously approved for JSA, including standards determined by the Exchange. approval from the Office of Management one for data collection activities to and Budget (OMB) for each collection of The reporting requirements and data document program implementation, to information they conduct or sponsor. collection in the Exchange rule address administer a staff survey and to collect The term ‘‘collection of information’’ is Federal requirements that various baseline information of program defined in 44 U.S.C. 3502(3) and 5 CFR entities must meet with respect to the participants. These collection activities 1320.3(c) and includes agency requests establishment and operation of an will continue under this new request. or requirements that members of the Exchange; minimum requirements that health insurance issuers must meet with This Federal Register Notice provides public submit reports, keep records, or the opportunity to comment on a provide information to a third party. respect to participation in a State based or Federally-facilitated Exchange; and proposed new information collection Section 3506(c)(2)(A) of the PRA activity for JSA: A follow-up survey for requirements that employers must meet requires federal agencies to publish a JSA participants approximately 6 with respect to participation in the 60-day notice in the Federal Register months after program enrollment. concerning each proposed collection of SHOP and compliance with other information, including each proposed provisions of the Affordable Care Act. The purpose of the survey is to extension or reinstatement of an existing Form Number: CMS–10400 (OMB follow-up with study participants and collection of information, before Control Number: 0938–1156); document their job search assistance submitting the collection to OMB for Frequency: Monthly, Annually; Affected services and experiences including their approval. To comply with this Public: Private Sector; Number of receipt of job search assistance services, requirement, CMS is publishing this Respondents: 11,004; Number of their knowledge and skills for notice. Responses: 11,485; Total Annual Hours: conducting a job search, the nature of 55,774.5. (For policy questions their job search process, including tools Information Collection regarding this collection contact Leigha and services used to locate employment, 1. Type of Information Collection Basini at 301–492–4380). and their search outputs and outcomes, Request: Revision of a currently such as the number of applications approved collection; Title of Dated: November 17, 2015. submitted, interviews attended, offers Information Collection: Establishment of William N. Parham, III, received and jobs obtained. In addition, Qualified Health Plans and American Director, Paperwork Reduction Staff, Office the survey will provide an opportunity Health Benefit Exchanges; Use: The of Strategic Operations and Regulatory for respondents to provide contact data Patient Protection and Affordable Care Affairs. for possible longer-term follow-up. Act, Public Law 111–148, enacted on [FR Doc. 2015–29725 Filed 11–20–15; 8:45 am] Respondents: JSA study participants March 23, 2010, and the Health Care BILLING CODE 4120–01–P and program staff.

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EXISTING ANNUAL BURDEN ESTIMATES

Annual Number of re- Average bur- Instrument Total number number of sponses per den hours per Annual burden of respondents respondents respondent response hours

Baseline Information Form ...... 8,000 4,000 1 0.2 800 Implementation Study Site Visits ...... 150 75 1 1 75 JSA Staff Survey ...... 440 220 1 0.33 73

Total Previously Approved Annual Burden: 948.

PROPOSED NEW ANNUAL BURDEN ESTIMATES

Annual Number of re- Average bur- Instrument Total number number sponses per den hours per Annual burden of respondents of respondents respondent response hours

6 Month Follow-Up Survey ...... 6,400 3,200 1 0.333 1,066 Participant Contact Update Form ...... 1,200 600 1 0.083 50 Tracking Surveys...... 2,800 1,400 5 0.167 1,169

Estimated Total NEW Annual Burden DEPARTMENT OF HEALTH AND request under section 586A or a pending Hours: 2285. HUMAN SERVICES request is withdrawn. Additional Information: Copies of the DATES: Food and Drug Administration Although you can comment on proposed collection may be obtained by any guidance at any time (see 21 CFR writing to the Administration for [Docket No. FDA–2015–D–4012] 10.115(g)(5)), to ensure that the Agency Children and Families, Office of considers your comment on this draft Planning, Research and Evaluation, 370 Sunscreen Innovation Act; Withdrawal guidance before it begins work on the of a 586A Request or Pending L’Enfant Promenade SW., Washington, final version of the guidance, submit Request; Draft Guidance for Industry; DC 20447, Attn: OPRE Reports either electronic or written comments Availability Clearance Officer. All requests should on the draft guidance by January 22, be identified by the title of the AGENCY: Food and Drug Administration, 2016. information collection. Email address: HHS. ADDRESSES: You may submit comments [email protected]. ACTION: Notice. as follows: OMB Comment: OMB is required to SUMMARY: The Food and Drug Electronic Submissions make a decision concerning the Administration (FDA or Agency) is collection of information between 30 Submit electronic comments in the announcing the availability of a draft and 60 days after publication of this following way: guidance for industry entitled • document in the Federal Register. ‘‘Sunscreen Innovation Act: Withdrawal Federal eRulemaking Portal: http:// Therefore, a comment is best assured of of a 586A Request or Pending Request.’’ www.regulations.gov. Follow the having its full effect if OMB receives it This draft guidance provides instructions for submitting comments. within 30 days of publication. Written recommendations for the process for Comments submitted electronically, comments and recommendations for the withdrawing a 586A request submitted including attachments, to http:// proposed information collection should under the Federal Food, Drug, and www.regulations.gov will be posted to be sent directly to the following: Cosmetic Act (the FD&C Act), as the docket unchanged. Because your Office of Management and Budget, amended by the Sunscreen Innovation comment will be made public, you are Paperwork Reduction Project, Email: Act (SIA), and withdrawing a pending solely responsible for ensuring that your comment does not include any [email protected], request, as defined by the SIA. The confidential information that you or a Attn: Desk Officer for the recommendations in this guidance third party may not wish to be posted, Administration for Children and apply to 586A requests and pending such as medical information, your or Families. requests that seek a determination from FDA of whether a nonprescription anyone else’s Social Security number, or Robert Sargis, sunscreen active ingredient, or a confidential business information, such ACF Reports Clearance Officer. combination of nonprescription as a manufacturing process. Please note that if you include your name, contact [FR Doc. 2015–29749 Filed 11–20–15; 8:45 am] sunscreen active ingredients, is information, or other information that BILLING CODE 4184–07–P generally recognized as safe and effective (GRASE) for use under identifies you in the body of your specified conditions and should be comments, that information will be included in the over-the-counter (OTC) posted on http://www.regulations.gov. sunscreen drug monograph. We are • If you want to submit a comment issuing this draft guidance under the with confidential information that you SIA, which directs FDA to issue do not wish to be made available to the guidance on various topics, including public, submit the comment as a guidance on the process by which a written/paper submission and in the

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manner detailed (see ‘‘Written/Paper Docket: For access to the docket to ingredient for which a 586A or pending Submissions’’ and ‘‘Instructions’’). read background documents or the request had been previously submitted electronic and written/paper comments and withdrawn. Written/Paper Submissions received, go to http:// This draft guidance is being issued Submit written/paper submissions as www.regulations.gov and insert the consistent with FDA’s good guidance follows: docket number, found in brackets in the practices regulation (21 CFR 10.115). • Mail/Hand delivery/Courier (for heading of this document, into the The draft guidance, when finalized, will written/paper submissions): Division of ‘‘Search’’ box and follow the prompts represent the current thinking of FDA Dockets Management (HFA–305), Food and/or go to the Division of Dockets on the withdrawal of 586A requests and and Drug Administration, 5630 Fishers Management, 5630 Fishers Lane, Rm. pending requests under the SIA. It does Lane, Rm. 1061, Rockville, MD 20852. • 1061, Rockville, MD 20852. not establish any rights for any person For written/paper comments Submit written requests for single and is not binding on FDA or the public. submitted to the Division of Dockets copies of this draft guidance to the You can use an alternative approach if Management, FDA will post your Division of Drug Information, Center for it satisfies the requirements of the comment, as well as any attachments, Drug Evaluation and Research, Food applicable statutes and regulations. except for information submitted, and Drug Administration, 10001 New marked and identified, as confidential, Hampshire Ave., Hillandale Building, II. Electronic Access if submitted as detailed in 4th Floor, Silver Spring, MD 20993– Persons with access to the Internet ‘‘Instructions.’’ 0002. Send one self-addressed adhesive may obtain the draft guidance at either Instructions: All submissions received label to assist that office in processing http://www.fda.gov/Drugs/Guidance must include the Docket No. FDA– your requests. See the SUPPLEMENTARY ComplianceRegulatoryInformation/ 2015–D–4012 for ‘‘Sunscreen INFORMATION section for electronic Guidances/default.htm or http:// Innovation Act: Withdrawal of a 586A access to the draft guidance document. www.regulations.gov. Request or Pending Request; Draft Guidance for Industry.’’ Received FOR FURTHER INFORMATION CONTACT: III. Paperwork Reduction Act of 1995 Kristen Hardin, Center for Drug comments will be placed in the docket This draft guidance contains and, except for those submitted as Evaluation and Research, Food and Drug Administration, 10903 New collections of information that are ‘‘Confidential Submissions,’’ publicly exempt from the Paperwork Reduction viewable at http://www.regulations.gov Hampshire Ave., Bldg. 22, Rm. 5443, Act of 1995 (44 U.S.C. 3501–3520) or at the Division of Dockets Silver Spring, MD 20993, 240–402– (PRA). Section 586D(a)(1)(C) of the Management between 9 a.m. and 4 p.m., 4246. FD&C Act (21 U.S.C 360fff–4(a)(1)(C)) Monday through Friday. SUPPLEMENTARY INFORMATION: • Confidential Submissions—To states that the PRA shall not apply to submit a comment with confidential I. Background collections of information made for information that you do not wish to be FDA is announcing the availability of purposes of guidance under section made publicly available, submit your a draft guidance for industry entitled 586D(a). comments only as a written/paper ‘‘Sunscreen Innovation Act: Withdrawal Dated: November 16, 2015. submission. You should submit two of a 586A Request or Pending Request.’’ Leslie Kux, copies total. One copy will include the This draft guidance provides Associate Commissioner for Policy. information you claim to be confidential background information on the [FR Doc. 2015–29634 Filed 11–20–15; 8:45 am] with a heading or cover note that states sunscreen OTC monograph process and BILLING CODE 4164–01–P ‘‘THIS DOCUMENT CONTAINS the new procedures under the SIA (Pub. CONFIDENTIAL INFORMATION’’. The L. 113–195, enacted November 26, Agency will review this copy, including 2014), for reviewing 586A requests DEPARTMENT OF HEALTH AND the claimed confidential information, in (requests made under section 586A of HUMAN SERVICES its consideration of comments. The the FD&C Act (21 U.S.C. 360fff–1) and second copy, which will have the pending requests for nonprescription Food and Drug Administration claimed confidential information sunscreen active ingredients (the SIA redacted/blacked out, will be available process). This draft guidance provides [Docket No. FDA–2015–N–0001] for public viewing and posted on http:// recommendations for the general Orthopaedic and Rehabilitation www.regulations.gov. Submit both withdrawal process for 586A requests Devices Panel of the Medical Devices copies to the Division of Dockets and pending requests. At certain stages Advisory Committee; Notice of Meeting Management. If you do not wish your of the SIA process, a sponsor who name and contact information to be submitted the 586A request or pending AGENCY: Food and Drug Administration, made publicly available, you can request might seek to have it HHS. provide this information on the cover withdrawn, or a request may be ACTION: Notice. sheet and not in the body of your withdrawn due to the sponsor’s failure comments and you must identify this to act on the request and failure to This notice announces a forthcoming information as ‘‘confidential.’’ Any respond to communications from FDA. meeting of a public advisory committee information marked as ‘‘confidential’’ This draft guidance addresses the of the Food and Drug Administration will not be disclosed except in expected effect of a withdrawal on key (FDA). The meeting will be open to the accordance with 21 CFR 10.20 and other phases of the SIA process, including public. applicable disclosure law. For more withdrawals made prior to or after the Name of Committee: Orthopaedic and information about FDA’s posting of initial eligibility determination, the Rehabilitation Devices Panel of the comments to public dockets, see 80 FR submission of safety and efficacy data, Medical Devices Advisory Committee. 56469, September 18, 2015, or access the filing determination, or the GRASE General Function of the Committee: the information at: http://www.fda.gov/ determination. This draft guidance also To provide advice and regulatoryinformation/dockets/ discusses the submission of a new 586A recommendations to the Agency on default.htm. request for the same sunscreen FDA’s regulatory issues.

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Date and Time: The meeting will be Procedure: Interested persons may DEPARTMENT OF HEALTH AND held on Friday, February 19, 2016, from present data, information, or views, HUMAN SERVICES 8 a.m. to 6 p.m. orally or in writing, on issues pending Location: Hilton Washington, DC/ before the committee. Written Food and Drug Administration North, Salons A, B, C, and D, 620 Perry submissions may be made to the contact [Docket No. FDA–2015–D–3990] Pkwy., Gaithersburg, MD 20877. The person on or before February 12, 2016. hotel telephone number is 301–977- Oral presentations from the public will Sunscreen Innovation Act: Section 8900. be scheduled between approximately 1 586C(c) Advisory Committee Process; Contact Person: Sara Anderson, p.m. and 2 p.m. Those individuals Draft Guidance for Industry; Center for Devices and Radiological Availability Health, Food and Drug Administration, interested in making formal oral Bldg. 66, Rm.1643, 10903 New presentations should notify the contact AGENCY: Food and Drug Administration, Hampshire Ave., Silver Spring, MD person and submit a brief statement of HHS. the general nature of the evidence or 20993, [email protected], 301 ACTION: Notice of availability. 796–7047, or FDA Advisory Committee arguments they wish to present, the Information Line, 1–800–741–8138 names and addresses of proposed SUMMARY: The Food and Drug (301–443–0572 in the Washington, DC participants, and an indication of the Administration (FDA or Agency) is area). A notice in the Federal Register approximate time requested to make announcing the availability of a draft about last minute modifications that their presentation on or before February guidance for industry entitled impact a previously announced 4, 2016. Time allotted for each ‘‘Sunscreen Innovation Act: Section advisory committee meeting cannot presentation may be limited. If the 586C(c) Advisory Committee Process.’’ always be published quickly enough to number of registrants requesting to This draft guidance explains the process provide timely notice. Therefore, you speak is greater than can be reasonably by which FDA intends to carry out the should always check the Agency’s Web accommodated during the scheduled section of the Federal Food, Drug, and site at http://www.fda.gov/ open public hearing session, FDA may Cosmetic Act (the FD&C Act), as AdvisoryCommittees/default.htm and conduct a lottery to determine the amended by the Sunscreen Innovation scroll down to the appropriate advisory speakers for the scheduled open public Act (SIA), which governs the convening committee meeting link, or call the hearing session. The contact person will of advisory committees and the number advisory committee information line to notify interested persons regarding their of requests to be considered per learn about possible modifications request to speak by February 5, 2016. meeting. The recommendations in this before coming to the meeting. draft guidance apply to 586A requests Agenda: The Committee will discuss Persons attending FDA’s advisory submitted under the FD&C Act and to the premarket application for the DIAM committee meetings are advised that the pending requests as defined by the SIA Spinal Stabilization System. The DIAM Agency is not responsible for providing that seek a determination from FDA on Spinal Stabilization System is indicated access to electrical outlets. whether a nonprescription sunscreen for skeletally mature patients that have FDA welcomes the attendance of the active ingredient, or a combination of low back pain (with or without public at its advisory committee nonprescription sunscreen active radicular pain) with current episode meetings and will make every effort to ingredients, is generally recognized as lasting less than 1 year in duration safe and effective for use under secondary to moderate lumbar accommodate persons with disabilities. If you require accommodations due to a specified conditions and should be degenerative disc disease (DDD) at a included in the over-the-counter (OTC) single level from L2–L5. DDD is disability, please contact AnnMarie Williams at 301–796–5966 at least 7 sunscreen drug monograph. The SIA confirmed radiographically with one or describes specific circumstances under days in advance of the meeting. more of the following factors: (1) which FDA is ‘‘not’’ required to convene Patients must have greater than 2 FDA is committed to the orderly or submit requests to the millimeters of decreased disc height conduct of its advisory committee Nonprescription Drugs Advisory compared to the adjacent level; (2) meetings. Please visit our Web site at Committee (NDAC). We are issuing this scarring/thickening of the ligamentum http://www.fda.gov/ draft guidance pursuant to the SIA, flavum, annulus fibrosis, or facet joint AdvisoryCommittees/ which directs FDA to issue four capsule; or (3) herniated nucleus AboutAdvisoryCommittees/ guidances on various topics, including pulposus. The DIAM device is ucm111462.htm for procedures on this draft guidance. implanted via a minimally invasive public conduct during advisory posterior approach. DATES: Although you can comment on FDA intends to make background committee meetings. any guidance at any time (see 21 CFR material available to the public no later Notice of this meeting is given under 10.115(g)(5)), to ensure that the Agency than 2 business days before the meeting. the Federal Advisory Committee Act (5 considers your comment on this draft If FDA is unable to post the background U.S.C. app. 2). guidance before it begins work on the final version of the guidance, submit material on its Web site prior to the Dated: November 13, 2015. meeting, the background material will either electronic or written comments be made publicly available at the Jill Hartzler Warner, on the draft guidance by January 22, location of the advisory committee Associate Commissioner for Special Medical 2016. Programs. meeting, and the background material ADDRESSES: You may submit comments will be posted on FDA’s Web site after [FR Doc. 2015–29768 Filed 11–20–15; 8:45 am] as follows: the meeting. Background material is BILLING CODE 4164–01–P available at http://www.fda.gov/ Electronic Submissions AdvisoryCommittees/Calendar/ Submit electronic comments in the default.htm. Scroll down to the following way: appropriate advisory committee meeting • Federal eRulemaking Portal: http:// link. www.regulations.gov. Follow the

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instructions for submitting comments. its consideration of comments. The 586A of the FD&C Act (21 U.S.C. 360fff– Comments submitted electronically, second copy, which will have the 1)) and for sponsors of pending requests including attachments, to http:// claimed confidential information (as defined by section 586(6) of the www.regulations.gov will be posted to redacted/blacked out, will be available FD&C Act (21 U.S.C. 360fff (6))) to the docket unchanged. Because your for public viewing and posted on http:// follow in requesting an NDAC meeting. comment will be made public, you are www.regulations.gov. Submit both This draft guidance also explains how solely responsible for ensuring that your copies to the Division of Dockets FDA intends to process these requests comment does not include any Management. If you do not wish your and describes the factors the Agency confidential information that you or a name and contact information to be may consider in determining whether third party may not wish to be posted, made publicly available, you can and when to refer such requests to the such as medical information, your or provide this information on the cover NDAC. anyone else’s Social Security number, or sheet and not in the body of your This draft guidance is being issued confidential business information, such comments and you must identify this consistent with FDA’s good guidance as a manufacturing process. Please note information as ‘‘confidential.’’ Any practices regulation (21 CFR 10.115). that if you include your name, contact information marked as ‘‘confidential’’ The draft guidance, when finalized, will information, or other information that will not be disclosed except in represent the current thinking of FDA identifies you in the body of your accordance with 21 CFR 10.20 and other on the process by which the Agency comments, that information will be applicable disclosure law. For more will carry out section 586C(c) of the SIA posted on http://www.regulations.gov. information about FDA’s posting of (Pub. L. 113–195). It does not establish • If you want to submit a comment comments to public dockets, see 80 FR any rights for any person and is not with confidential information that you 56469, September 18, 2015, or access binding on FDA or the public. You can do not wish to be made available to the the information at: http://www.fda.gov/ use an alternative approach if it satisfies public, submit the comment as a regulatoryinformation/dockets/ the requirements of the applicable written/paper submission and in the default.htm. statutes and regulations. manner detailed (see ‘‘Written/Paper Docket: For access to the docket to II. Electronic Access Submissions’’ and ‘‘Instructions’’). read background documents or the Persons with access to the Internet Written/Paper Submissions electronic and written/paper comments received, go to http:// may obtain the document at either Submit written/paper submissions as www.regulations.gov and insert the http://www.fda.gov/Drugs/Guidance follows: docket number, found in brackets in the ComplianceRegulatoryInformation/ • Mail/Hand delivery/Courier (for heading of this document, into the Guidances/default.htm or http:// written/paper submissions): Division of ‘‘Search’’ box and follow the prompts www.regulations.gov. Dockets Management (HFA–305), Food and/or go to the Division of Dockets and Drug Administration, 5630 Fishers III. Paperwork Reduction Act of 1995 Management, 5630 Fishers Lane, Rm. Lane, Rm. 1061, Rockville, MD 20852. This draft guidance contains • For written/paper comments 1061, Rockville, MD 20852. Submit written requests for single collections of information that are submitted to the Division of Dockets copies of this draft guidance to the exempt from the Paperwork Reduction Management, FDA will post your Division of Drug Information, Center for Act of 1995 (44 U.S.C. 3501–3520) comment, as well as any attachments, Drug Evaluation and Research, Food (PRA). Section 586D(a)(1)(C) of the SIA except for information submitted, and Drug Administration, 10001 New states that the PRA shall not apply to marked and identified, as confidential, Hampshire Ave., Hillandale Building, collections of information made for if submitted as detailed in 4th Floor, Silver Spring, MD 20993– purposes of guidance under section ‘‘Instructions.’’ 586D(a). Instructions: All submissions received 0002. Send one self-addressed adhesive Dated: November 16, 2015. must include the Docket No. FDA– label to assist that office in processing 2015–D–3990 for ‘‘Sunscreen your requests. See the SUPPLEMENTARY Leslie Kux, Innovation Act: Section 586C(c) INFORMATION section for electronic Associate Commissioner for Policy. Advisory Committee Process; Draft access to the draft guidance document. [FR Doc. 2015–29635 Filed 11–20–15; 8:45 am] Guidance for Industry.’’ Received FOR FURTHER INFORMATION CONTACT: BILLING CODE 4164–01–P comments will be placed in the docket Kristen Hardin, Center for Drug and, except for those submitted as Evaluation and Research, Food and ‘‘Confidential Submissions,’’ publicly Drug Administration, 10903 New DEPARTMENT OF HEALTH AND viewable at http://www.regulations.gov Hampshire Ave., Bldg. 22, Rm. 5443, HUMAN SERVICES Silver Spring, MD 20993, 240–402– or at the Division of Dockets Food and Drug Administration Management between 9 a.m. and 4 p.m., 4246. Monday through Friday. SUPPLEMENTARY INFORMATION: [Docket No. FDA–2015–D–4033] • Confidential Submissions—To submit a comment with confidential I. Background Sunscreen Innovation Act: information that you do not wish to be FDA is announcing the availability of Nonprescription Sunscreen Drug made publicly available, submit your a draft guidance for industry entitled Products—Content and Format of Data comments only as a written/paper ‘‘Sunscreen Innovation Act: Section Submissions; Draft Guidance for submission. You should submit two 586C(c) Advisory Committee Process.’’ Industry; Availability copies total. One copy will include the This draft guidance provides AGENCY: Food and Drug Administration, information you claim to be confidential background information on the HHS. with a heading or cover note that states sunscreen OTC monograph process, as ACTION: Notice of availability. ‘‘THIS DOCUMENT CONTAINS well as on the Agency’s intended CONFIDENTIAL INFORMATION.’’ The process for convening the NDAC. It also SUMMARY: The Food and Drug Agency will review this copy, including recommends procedures for sponsors of Administration (FDA or Agency) is the claimed confidential information, in 586A requests (submitted under section announcing the availability of a draft

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guidance for industry entitled Dockets Management (HFA–305), Food ‘‘Search’’ box and follow the prompts ‘‘Nonprescription Sunscreen Drug and Drug Administration, 5630 Fishers and/or go to the Division of Dockets Products—Content and Format of Data Lane, Rm. 1061, Rockville, MD 20852. Management, 5630 Fishers Lane, Rm. Submissions to Support a GRASE • For written/paper comments 1061, Rockville, MD 20852. Determination Under the Sunscreen submitted to the Division of Dockets Submit written requests for single Innovation Act’’. This draft guidance Management, FDA will post your copies of the draft guidance to the addresses FDA’s current thinking on comment, as well as any attachments, Division of Drug Information, Center for how we will determine whether a except for information submitted, Drug Evaluation and Research, Food sponsor’s submission of safety and marked and identified, as confidential, and Drug Administration, 10001 New efficacy data is sufficiently complete to if submitted as detailed in Hampshire Ave., Hillandale Building, support a substantive review and ‘‘Instructions’’. 4th Floor, Silver Spring, MD 20993– determination under the Sunscreen Instructions: All submissions received 0002. Send one self-addressed adhesive Innovation Act (SIA) that an active must include the Docket No. FDA– label to assist that office in processing ingredient is or is not generally 2015–D–4033 for ‘‘Nonprescription your requests. See the SUPPLEMENTARY recognized as safe and effective Sunscreen Drug Products—Content and INFORMATION section for electronic (GRASE) for use in nonprescription Format of Data Submissions; Draft access to the draft guidance document. sunscreen products. This guidance is Guidance for Industry; Availability’’. FOR FURTHER INFORMATION CONTACT: being issued in accordance with the Received comments will be placed in Kristen Hardin, Center for Drug SIA. the docket and, except for those Evaluation and Research, Food and submitted as ‘‘Confidential DATES: Although you can comment on Drug Administration, 10903 New Submissions,’’ publicly viewable at Hampshire Ave., Bldg. 22, Rm. 5443, any guidance at any time (see 21 CFR http://www.regulations.gov or at the Silver Spring, MD 20993, 240–402– 10.115(g)(5)), to ensure that the Agency Division of Dockets Management 4246. considers your comment on this draft between 9 a.m. and 4 p.m., Monday guidance before it begins work on the through Friday. SUPPLEMENTARY INFORMATION: final version of the guidance, submit • Confidential Submissions—To I. Background either electronic or written comments submit a comment with confidential on the draft guidance by January 22, information that you do not wish to be FDA is announcing the availability of 2016. made publicly available submit your a draft guidance for industry entitled ADDRESSES: You may submit comments comments only as a written/paper ‘‘Nonprescription Sunscreen Drug as follows: submission. You should submit two Products—Content and Format of Data copies total. One copy will include the Submissions to Support a GRASE Electronic Submissions information you claim to be confidential Determination Under the Sunscreen Submit electronic comments in the with a heading or cover note that states Innovation Act’’. following way: ‘‘THIS DOCUMENT CONTAINS This draft guidance is being issued in • Federal eRulemaking Portal: http:// CONFIDENTIAL INFORMATION’’. The accordance with the SIA (21 U.S.C. Ch. www.regulations.gov. Follow the Agency will review this copy, including 9 Sub. 5 Part I), enacted November 26, instructions for submitting comments. the claimed confidential information, in 2014, which amended the Federal Food, Comments submitted electronically, its consideration of comments. The Drug, and Cosmetic Act (the FD&C Act). including attachments, to http:// second copy, which will have the Section 586D(a)(1)(A)(i) of the FD&C Act www.regulations.gov will be posted to claimed confidential information (21 U.S.C. 360fff–4(a)(1)(A)(i)), as added the docket unchanged. Because your redacted/blacked out, will be available by the SIA, directs FDA to issue comment will be made public, you are for public viewing and posted on http:// guidance on the format and content of solely responsible for ensuring that your www.regulations.gov. Submit both information submitted to FDA in comment does not include any copies to the Division of Dockets support of a request for a determination confidential information that you or a Management. If you do not wish your whether a sunscreen active ingredient or third party may not wish to be posted, name and contact information to be combination of active ingredients is such as medical information, your or made publicly available, you can GRASE and not misbranded for use in anyone else’s Social Security number, or provide this information on the cover nonprescription sunscreen products. confidential business information, such sheet and not in the body of your The information in this guidance is as a manufacturing process. Please note comments and you must identify this intended to help sponsors and that if you include your name, contact information as ‘‘confidential.’’ Any manufacturers prepare a GRASE data information, or other information that information marked as ‘‘confidential’’ submission that is sufficiently complete identifies you in the body of your will not be disclosed except in (including being formatted in a manner comments, that information will be accordance with 21 CFR 10.20 and other that enables FDA to determine its posted on http://www.regulations.gov. applicable disclosure law. For more completeness) to enable FDA to conduct • If you want to submit a comment information about FDA’s posting of a substantive GRASE review, as with confidential information that you comments to public dockets, see 80 FR required by section 586B(b)(2) of the do not wish to be made available to the 56469, September 18, 2015, or access FD&C Act (21 U.S.C. 360fff–2(b)(2)). public submit the comment as a written/ the information at: http://www.fda.gov/ This draft guidance is being issued paper submission and in the manner regulatoryinformation/dockets/ consistent with FDA’s good guidance detailed (see ‘‘Written/Paper default.htm. practices regulation (21 CFR 10.115). Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to The draft guidance, when finalized, will read background documents or the represent the current thinking of FDA Written/Paper Submissions electronic and written/paper comments on the format and content of GRASE Submit written/paper submissions as received, go to http:// data submissions under the SIA. It does follows: www.regulations.gov and insert the not establish any rights for any person • Mail/Hand delivery/Courier (for docket number, found in brackets in the and is not binding on FDA or the public. written/paper submissions): Division of heading of this document, into the You can use an alternative approach if

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it satisfies the requirements of the either electronic or written comments information that you do not wish to be applicable statutes and regulations. on the draft guidance by January 22, made publicly available, submit your 2016. comments only as a written/paper II. The Paperwork Reduction Act of submission. You should submit two 1995 ADDRESSES: You may submit comments as follows: copies total. One copy will include the This guidance contains collections of information you claim to be confidential information that are exempt from the Electronic Submissions with a heading or cover note that states Paperwork Reduction Act of 1995 (PRA) Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS (44 U.S.C. 3501–3520). Section following way: CONFIDENTIAL INFORMATION.’’ The 586D(a)(1)(C) of the FD&C Act (21 • Federal eRulemaking Portal: http:// Agency will review this copy, including U.S.C. 360fff–4(a)(1)(C)) states that the www.regulations.gov. Follow the the claimed confidential information, in PRA shall not apply to information instructions for submitting comments. its consideration of comments. The collected under this guidance. Comments submitted electronically, second copy, which will have the III. Electronic Access including attachments, to http:// claimed confidential information www.regulations.gov will be posted to redacted/blacked out, will be available Persons with access to the Internet the docket unchanged. Because your for public viewing and posted on http:// may obtain the document at either comment will be made public, you are www.regulations.gov. Submit both http://www.fda.gov/Drugs/ solely responsible for ensuring that your copies to the Division of Dockets GuidanceComplianceRegulatory comment does not include any Management. If you do not wish your Information/Guidances/default.htm or confidential information that you or a name and contact information to be http://www.regulations.gov. third party may not wish to be posted, made publicly available, you can Dated: November 16, 2015. such as medical information, your or provide this information on the cover Leslie Kux, anyone else’s Social Security number, or sheet and not in the body of your confidential business information, such Associate Commissioner for Policy. comments and you must identify this as a manufacturing process. Please note information as ‘‘confidential.’’ Any [FR Doc. 2015–29637 Filed 11–20–15; 8:45 am] that if you include your name, contact BILLING CODE 4164–01–P information marked as ‘‘confidential’’ information, or other information that will not be disclosed except in identifies you in the body of your accordance with 21 CFR 10.20 and other comments, that information will be DEPARTMENT OF HEALTH AND applicable disclosure law. For more posted on http://www.regulations.gov. HUMAN SERVICES • If you want to submit a comment information about FDA’s posting of comments to public dockets, see 80 FR Food and Drug Administration with confidential information that you do not wish to be made available to the 56469, September 18, 2015, or access [Docket No. FDA–2015–D–4021] public, submit the comment as a the information at: http://www.fda.gov/ written/paper submission and in the regulatoryinformation/dockets/ Over-the-Counter Sunscreens: Safety manner detailed (see ‘‘Written/Paper default.htm. and Effectiveness Data; Draft Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to Guidance for Industry; Availability read background documents or the Written/Paper Submissions AGENCY: electronic and written/paper comments Food and Drug Administration, Submit written/paper submissions as HHS. received, go to http:// follows: www.regulations.gov and insert the ACTION: • Notice of availability. Mail/Hand delivery/Courier (for docket number, found in brackets in the written/paper submissions): Division of SUMMARY: heading of this document, into the The Food and Drug Dockets Management (HFA–305), Food Administration (FDA or Agency) is ‘‘Search’’ box and follow the prompts and Drug Administration, 5630 Fishers and/or go to the Division of Dockets announcing the availability of a draft Lane, Rm. 1061, Rockville, MD 20852. guidance for industry entitled ‘‘Over- • Management, 5630 Fishers Lane, Rm. For written/paper comments 1061, Rockville, MD 20852. the-Counter Sunscreens: Safety and submitted to the Division of Dockets Effectiveness Data.’’ This draft guidance Management, FDA will post your Submit written requests for single addresses FDA’s current thinking about comment, as well as any attachments, copies of the draft guidance to the the safety and effectiveness data needed except for information submitted, Division of Drug Information, Center for to determine whether a nonprescription marked and identified, as confidential, Drug Evaluation and Research, Food sunscreen active ingredient or if submitted as detailed in and Drug Administration, 10001 New combination of active ingredients ‘‘Instructions.’’ Hampshire Ave., Hillandale Building, evaluated under the Sunscreen Instructions: All submissions received 4th Floor, Silver Spring, MD 20993– Innovation Act (SIA) is generally must include the Docket No. FDA– 0002. Send one self-addressed adhesive recognized as safe and effective 2015–D–4021 for‘‘Over-the-Counter label to assist that office in processing (GRASE) and not misbranded when Sunscreens: Safety and Effectiveness your requests. See the SUPPLEMENTARY used under specified conditions. The Data; Draft Guidance for Industry; INFORMATION section for electronic guidance also addresses FDA’s current Availability.’’ Received comments will access to the draft guidance document. thinking about an approach to safety- be placed in the docket and, except for FOR FURTHER INFORMATION CONTACT: related final formulation testing that it those submitted as ‘‘Confidential anticipates adopting in the future. Kristen Hardin, Center for Drug Submissions,’’ publicly viewable at Evaluation and Research, Food and DATES: Although you can comment on http://www.regulations.gov or at the Drug Administration, 10903 New any guidance at any time (see 21 CFR Division of Dockets Management Hampshire Ave., Bldg. 22, Rm. 5443, 10.115(g)(5)), to ensure that the Agency between 9 a.m. and 4 p.m., Monday Silver Spring, MD 20993–0002, 240– considers your comment on this draft through Friday. 402–4246. guidance before it begins work on the • Confidential Submissions—To final version of the guidance, submit submit a comment with confidential SUPPLEMENTARY INFORMATION:

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I. Background made for purposes of guidance under for any additional information about the FDA is announcing the availability of that subsection. President’s Advisory Council meeting at a draft guidance for industry entitled [email protected]. III. Electronic Access Agenda: Opening and Welcome from ‘‘Over-the-Counter Sunscreens: Safety Persons with access to the Internet the Chairperson and Executive Director and Effectiveness Data.’’ This draft may obtain the draft guidance at either for the President’s Advisory Council for guidance addresses FDA’s current http://www.fda.gov/Drugs/Guidance Faith-based and Neighborhood thinking regarding the safety and ComplianceRegulatoryInformation/ Partnership; Updates for three working effectiveness data needed to determine Guidances/default.htm or http:// groups; Deliberation of whether a nonprescription sunscreen www.regulations.gov. recommendations (if necessary); active ingredient or combination of Conclusion from Chairperson and active ingredients evaluated under the Dated: November 16, 2015. Leslie Kux, Executive Director. SIA is GRASE and not misbranded Public Comment: There will be an when used under specified conditions. Associate Commissioner for Policy. opportunity for public comment at the The guidance also addresses FDA’s [FR Doc. 2015–29636 Filed 11–20–15; 8:45 am] end of the meeting. Comments and current thinking about an approach to BILLING CODE 4164–01–P questions can be sent in advance to safety-related final formulation testing [email protected]. that it anticipates adopting in the future. FDA is issuing this guidance in partial DEPARTMENT OF HEALTH AND Dated: November 17, 2015. implementation of the SIA (Pub. L. 113– HUMAN SERVICES Ben O’Dell, 195), enacted November 26, 2014, Associate Director for Center for Faith-based which amended the Federal Food, Drug, Meeting Notice for the President’s and Neighborhood Partnerships at U.S. and Cosmetic Act (the FD&C Act). Advisory Council on Faith-Based and Department of Health and Human Services. Among other things, the SIA established Neighborhood Partnerships [FR Doc. 2015–29826 Filed 11–20–15; 8:45 am] BILLING CODE 4154–07–P new procedures and review time lines In accordance with section 10(a)(2) of for FDA to determine whether a the Federal Advisory Committee Act nonprescription sunscreen active (Pub. L. 92–463), the President’s DEPARTMENT OF HEALTH AND ingredient or combination of active Advisory Council on Faith-based and HUMAN SERVICES ingredients is GRASE and not Neighborhood Partnerships announces misbranded when used under the the following webinar: National Institutes of Health conditions specified in a final sunscreen Name: President’s Advisory Council order (GRASE determination) (21 U.S.C. on Faith-based and Neighborhood National Heart, Lung, and Blood 360fff–1, –2, and –3). The SIA also Partnerships Council Meetings. Institute; Amended Notice of Meeting directed FDA to issue four guidances on Time and Date: Wednesday, Notice is hereby given of a change in various topics, including this guidance December 9th, 2015 3:00 p.m.–4:30 p.m. (21 U.S.C. 360ffff–4). Many of the safety the meeting of the National Heart, Lung, (EST). and Blood Institute Special Emphasis topics addressed in this guidance were Public Webinar: The meeting will be Panel, December 7, 2015, 8:00 a.m. discussed at a public Nonprescription available to the public through a through December 8, 2015, 5:00 p.m., Drug Advisory Committee meeting held webinar system. Register to participate The William F. Bolger Center, 9600 September 4 and 5, 2014 (http:// in the conference call on Wednesday, Newbridge Drive, Potomac, MD, 20854 www.fda.gov/AdvisoryCommittees/ December 9th at the Web site https:// which was published in the Federal CommitteesMeetingMaterials/Drugs/ attendee.gotowebinar.com/register/ Register on November 12, 2015, 2015– NonprescriptionDrugsAdvisory 831474153301651458. Committee/ucm380890.htm). Status: Open to the public, limited 28656. Dr. Joyce’s December 7–8, 2015 ZHL1 This draft guidance is being issued only by space available. Conference call meeting has been rescheduled to consistent with FDA’s good guidance limited only by lines available. practices regulation (21 CFR 10.115). Purpose: The Council brings together January 4–5, 2016, at 8:00 a.m. The The draft guidance, when finalized, will leaders and experts in fields related to meeting is closed to the public. represent the current thinking of FDA the work of faith-based and Dated: November 17, 2015. on ‘‘Over-the-Counter Sunscreens: neighborhood organizations in order to: Michelle Trout, Safety and Effectiveness Data; Draft Identify best practices and successful Program Analyst, Office of Federal Advisory Guidance for Industry; Availability.’’ It modes of delivering social services; Committee Policy. does not establish any rights for any evaluate the need for improvements in [FR Doc. 2015–29735 Filed 11–20–15; 8:45 am] person and is not binding on FDA or the the implementation and coordination of BILLING CODE 4140–01–P public. You can use an alternative public policies relating to faith-based approach if it satisfies the requirements and other neighborhood organizations; of the applicable statutes and and make recommendations for changes DEPARTMENT OF HEALTH AND regulations. in policies, programs, and practices. The HUMAN SERVICES charge for this Council focuses on steps II. The Paperwork Reduction Act of the government should take to reduce National Institutes of Health 1995 poverty and inequality and create Center for Scientific Review; Notice of This guidance contains collections of opportunity for all, including changes in Closed Meetings information that are exempt from the policies, programs, and practices that Paperwork Reduction Act of 1995 (PRA) affect the delivery of services by faith- Pursuant to section 10(d) of the (44 U.S.C. 3501–3520). Section based and community organizations and Federal Advisory Committee Act, as 586D(a)(1)(C) of the FD&C Act (21 the needs of low-income and other amended (5 U.S.C. App.), notice is U.S.C. 360fff–4(a)(1)(C)) as amended by underserved persons. hereby given of the following meetings. the SIA states that the PRA shall not Contact Person for Additional The meetings will be closed to the apply to collections of information Information: Please contact Ben O’Dell public in accordance with the

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provisions set forth in sections Board of Scientific Counselors (BSC) Place: National Institutes of Health, 6701 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., meeting and requesting comments. The Rockledge Drive, Bethesda, MD 20892 as amended. The grant applications and deadline for written public comment (Telephone Conference Call). Contact Person: Barna Dey, Ph.D., the discussions could disclose submission has been changed to January Scientific Review Officer, Center for confidential trade secrets or commercial 8, 2016. Persons submitting comments Scientific Review, National Institutes of property such as patentable material, for the BSC meeting are encouraged to Health, 6701 Rockledge Drive, Room 3184, and personal information concerning send them by November 30, 2015, to Bethesda, MD 20892, 301–451–2796, bdey@ individuals associated with the grant facilitate review by the BSC and NTP mail.nih.gov. applications, the disclosure of which staff prior to the meeting. NTP is Name of Committee: Center for Scientific would constitute a clearly unwarranted extending the written public comment Review Special Emphasis Panel; PAR13–061: invasion of personal privacy. period beyond the BSC meeting to Tuberculosis and HIV Co-Infections. provide additional opportunity for the Date: December 8, 2015. Name of Committee: Center for Scientific Time: 12:00 p.m. to 2:30 p.m. Review Special Emphasis Panel; Member public to comment on two draft Agenda: To review and evaluate grant Conflict: Transporters and Receptors. concepts, Mountaintop Removal applications. Date: December 10, 2015. Mining: Impacts on Health in the Place: National Institutes of Health, 6701 Time: 1:00 p.m. to 2:30 p.m. Surrounding Community and Rockledge Drive, Bethesda, MD 20892 Agenda: To review and evaluate grant Systematic Review on Fluoride and (Virtual Meeting). applications. Developmental Toxicity. All other Contact Person: Eduardo A. Montalvo, Place: National Institutes of Health, 6701 Ph.D., Scientific Review Officer, Center for Rockledge Drive, Bethesda, MD 20892 information in the original notice has not changed. Information about the Scientific Review, National Institutes of (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 5108, Contact Person: Richard D Crosland, Ph.D., meeting and registration is available at MSC 7852, Bethesda, MD 20892, (301) 435– Scientific Review Officer, Center for http://ntp.niehs.nih.gov/go/165. 1168, [email protected]. Scientific Review, National Institutes of DATES: Meeting: December 1–2, 2015; it Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4190, begins at 8:00 a.m. Eastern Standard Review Special Emphasis Panel; Member MSC 7850, Bethesda, MD 20892, 301–435– Time (EST) on December 1 and at 10:00 Conflict: AIDS and AIDS Related Research. 1220, [email protected]. a.m. on December 2 and continues each Date: December 9, 2015. Name of Committee: Center for Scientific day until adjournment. Written Public Time: 1:00 p.m. to 5:00 p.m. Review Special Emphasis Panel; Member Comment Submission: Deadline is Agenda: To review and evaluate grant Conflict: Molecular Neurodevelopment and applications. Injury. January 8, 2016. Place: National Institutes of Health, 6701 Date: December 11, 2015. Dated: November 17, 2015. Rockledge Drive, Bethesda, MD 20892 Time: 1:00 p.m. to 4:00 p.m. John R. Bucher, (Telephone Conference Call). Agenda: To review and evaluate grant Contact Person: Robert Freund, Ph.D., applications. Associate Director, National Toxicology Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Program. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 [FR Doc. 2015–29734 Filed 11–20–15; 8:45 am] Health, 6701 Rockledge Drive, Room 5216, (Virtual Meeting). BILLING CODE 4140–01–P MSC 7852, Bethesda, MD 20892, 301–435– Contact Person: Carol Hamelink, Ph.D., 1050, [email protected]. Scientific Review Officer, Center for Name of Committee: Center for Scientific Scientific Review, National Institutes of DEPARTMENT OF HEALTH AND Review Special Emphasis Panel; Member Health, 6701 Rockledge Drive, Room 4192, HUMAN SERVICES Conflict: AIDS and AIDS Related Research. MSC 7850, Bethesda, MD 20892, (301) 213– Date: December 10, 2015. 9887, [email protected]. National Institutes of Health Time: 12:00 p.m. to 3:00 p.m. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; Center for Scientific Review; Notice of applications. 93.333, Clinical Research, 93.306, 93.333, Closed Meetings Place: National Institutes of Health, 6701 93.337, 93.393–93.396, 93.837–93.844, Rockledge Drive, Bethesda, MD 20892 93.846–93.878, 93.892, 93.893, National Pursuant to section 10(d) of the (Telephone Conference Call). Institutes of Health, HHS) Federal Advisory Committee Act, as Contact Person: Eduardo A. Montalvo, Ph.D., Scientific Review Officer, Center for Dated: November 17, 2015. amended (5 U.S.C. App.), notice is hereby given of the following meetings. Scientific Review, National Institutes of Sylvia Neal, The meetings will be closed to the Health, 6701 Rockledge Drive, Room 5108, MSC 7852, Bethesda, MD 20892, (301) 435– Program Analyst, Office of Federal Advisory public in accordance with the Committee Policy. 1168, [email protected]. provisions set forth in sections [FR Doc. 2015–29732 Filed 11–20–15; 8:45 am] Name of Committee: Center for Scientific 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Special Emphasis Panel; BILLING CODE 4140–01–P as amended. The grant applications and Multidisciplinary Studies of HIV/AIDS and the discussions could disclose Aging. confidential trade secrets or commercial Date: December 11, 2015. DEPARTMENT OF HEALTH AND property such as patentable material, Time: 11:00 a.m. to 5:00 p.m. HUMAN SERVICES and personal information concerning Agenda: To review and evaluate grant applications. National Institutes of Health individuals associated with the grant applications, the disclosure of which Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 National Toxicology Program Board of would constitute a clearly unwarranted (Virtual Meeting). Scientific Counselors; Announcement invasion of personal privacy. Contact Person: Robert Freund, Ph.D., of Meeting; Request for Comments; Name of Committee: Center for Scientific Scientific Review Officer, Center for Amended Notice Review Special Emphasis Panel; Member Scientific Review, National Institutes of Conflict: AIDS and AIDS Related Research. Health, 6701 Rockledge Drive, Room 5216, SUMMARY: This notice amends Federal Date: December 8, 2015. MSC 7852, Bethesda, MD 20892, 301–435– Register notice 80 FR 61831, published Time: 1:00 p.m. to 4:00 p.m. 1050, [email protected]. October 14, 2015, announcing the Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance National Toxicology Program (NTP) applications. Program Nos. 93.306, Comparative Medicine;

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93.333, Clinical Research, 93.306, 93.333, agenda and any additional information for would constitute a clearly unwarranted 93.337, 93.393–93.396, 93.837–93.844, the meeting will be posted when available. invasion of personal privacy. 93.846–93.878, 93.892, 93.893, National OMB’s ‘‘Mandatory Information Institutes of Health, HHS) Requirements for Federal Assistance Program Name of Committee: Center for Scientific Announcements’’ (45 FR 39592, June 11, Review Special Emphasis Panel Application Dated: November 17, 2015. 1980) requires a statement concerning the Re-review: Auditory System. Natasha M. Copeland, official government programs contained in Date: December 8, 2015. Program Analyst, Office of Federal Advisory the Catalog of Federal Domestic Assistance. Time: 12:00 p.m. to 3:00 p.m. Committee Policy. Normally NIH lists in its announcements the Agenda: To review and evaluate grant applications. [FR Doc. 2015–29738 Filed 11–20–15; 8:45 am] number and title of affected individual Place: National Institutes of Health, 6701 BILLING CODE 4140–01–P programs for the guidance of the public. Because the guidance in this notice covers Rockledge Drive, Bethesda, MD 20892 virtually every NIH and Federal research (Telephone Conference Call). Contact Person: Lynn E. Luethke, Ph.D., DEPARTMENT OF HEALTH AND program in which DNA recombinant molecule techniques could be used, it has Scientific Review Officer, Center for HUMAN SERVICES been determined not to be cost effective or Scientific Review, National Institutes of in the public interest to attempt to list these Health, 6701 Rockledge Drive, Room 5166, National Institutes of Health programs. Such a list would likely require MSC 7844, Bethesda, MD 20892, (301) 806– several additional pages. In addition, NIH 3323, [email protected]. Office of the Director, National could not be certain that every Federal Name of Committee: Center for Scientific Institutes of Health; Notice of Meeting program would be included as many Federal Review Special Emphasis Panel Member agencies, as well as private organizations, Conflict: Biobehavioral Regulation, Learning Pursuant to section 10(a) of the both national and international, have elected and Ethology. Federal Advisory Committee Act, as to follow the NIH Guidelines. In lieu of the Date: December 14, 2015. amended (5 U.S.C. App.), notice is individual program listing, NIH invites Time: 8:00 a.m. to 7:00 p.m. hereby given of a meeting of the readers to direct questions to the information Agenda: To review and evaluate grant Recombinant DNA Advisory Committee. address above about whether individual applications. The meeting will be open to the programs listed in the Catalog of Federal Place: National Institutes of Health, 6701 public, with attendance limited to space Domestic Assistance are affected. Rockledge Drive, Bethesda, MD 20892, available. Individuals who plan to (Catalogue of Federal Domestic Assistance (Virtual Meeting). attend and need special assistance, such Program Nos. 93.14, Intramural Research Contact Person: Biao Tian, Ph.D., Scientific as sign language interpretation or other Training Award; 93.22, Clinical Research Review Officer, Center for Scientific Review, Loan Repayment Program for Individuals National Institutes of Health, 6701 Rockledge reasonable accommodations, should Drive, Room 3089B, MSC 7848, Bethesda, notify the Contact Person listed below from Disadvantaged Backgrounds; 93.232, Loan Repayment Program for Research MD 20892, (301) 402–4411, tianbi@ in advance of the meeting. Generally; 93.39, Academic Research csr.nih.gov. Name of Committee: Recombinant DNA Enhancement Award; 93.936, NIH Acquired (Catalogue of Federal Domestic Assistance Advisory Committee. Immunodeficiency Syndrome Research Loan Program Nos. 93.306, Comparative Medicine; Date: December 4, 2015. Repayment Program; 93.187, Undergraduate 93.333, Clinical Research, 93.306, 93.333, Time: 8:30 a.m. to 5:00 p.m. Scholarship Program for Individuals from 93.337, 93.393–93.396, 93.837–93.844, Agenda: The NIH Recombinant DNA Disadvantaged Backgrounds, National 93.846–93.878, 93.892, 93.893, National Advisory Committee (RAC) will review and Institutes of Health, HHS). Institutes of Health, HHS) discuss selected human gene transfer Dated: November 17, 2015. Dated: November 17, 2015. protocols and related data management activities. For more information, please check Carolyn Baum, Sylvia Neal, the meeting agenda at OSP Web site, OBA Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory Meetings Page (available at the following Committee Policy. Committee Policy. URL: https://auth.osp.od.nih.gov/office- [FR Doc. 2015–29736 Filed 11–20–15; 8:45 am] [FR Doc. 2015–29731 Filed 11–20–15; 8:45 am] biotechnology-activities/event/2015–12–04– BILLING CODE 4140–01–P BILLING CODE 4140–01–P 130000–2015–12–04–220000/rac-meeting. Place: National Institutes of Health, Building 35, Conference Room 620/630, 9000 Rockville Pike, Bethesda, MD 20892. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Contact Person: Gene Rosenthal, Ph.D., HUMAN SERVICES HUMAN SERVICES Biotechnology Program Advisor, Office of Biotechnology Activities, Office of the National Institutes of Health National Institutes of Health Director, National Institutes of Health, Rockledge 1, Room 750, Bethesda, MD 20892, Center for Scientific Review; Notice of Center for Scientific Review; Notice of 301–496–9838. Closed Meetings Closed Meetings This notice is being published less than 15 Pursuant to section 10(d) of the Pursuant to section 10(d) of the days prior to the meeting due to the timing limitations imposed by the review and Federal Advisory Committee Act, as Federal Advisory Committee Act, as funding cycle. amended (5 U.S.C. App.), notice is amended (5 U.S.C. App.), notice is In the interest of security, NIH has hereby given of the following meetings. hereby given of the following meetings. instituted stringent procedures for entrance The meetings will be closed to the The meetings will be closed to the onto the NIH campus. All visitor vehicles, public in accordance with the public in accordance with the including taxicabs, hotel, and airport shuttles provisions set forth in sections provisions set forth in sections will be inspected before being allowed on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., campus. Visitors will be asked to show one as amended. The grant applications and as amended. The grant applications and form of identification (for example, a the discussions could disclose the discussions could disclose government-issued photo ID, driver’s license, or passport) and to state the purpose of their confidential trade secrets or commercial confidential trade secrets or commercial visit. property such as patentable material, property such as patentable material, Information is also available on the and personal information concerning and personal information concerning Institute’s/Center’s home page: http:// individuals associated with the grant individuals associated with the grant oba.od.nih.gov/rdna/rdna.html, where an applications, the disclosure of which applications, the disclosure of which

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would constitute a clearly unwarranted Scientific Review, National Institutes of Webcast: The URL for viewing invasion of personal privacy. Health, 6701 Rockledge Drive, Room 5220, webcast will be provided to those who MSC 7852, Bethesda, MD 20892, 301–443– register. Name of Committee: Center for Scientific 5779, [email protected]. Review Special Emphasis Panel; HIV/AIDS FOR FURTHER INFORMATION CONTACT: Dr. R03 and R36 applications. This notice is being published less than 15 Yun Xie, NTP Designated Federal days prior to the meeting due to the timing Date: December 1, 2015. Official, Office of Liaison, Policy, and Time: 11:00 a.m. to 3:00 p.m. limitations imposed by the review and funding cycle. Review, DNTP, NIEHS, P.O. Box 12233, Agenda: To review and evaluate grant MD K2–03, Research Triangle Park, NC applications. (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, 6701 Program Nos. 93.306, Comparative Medicine; 27709. Phone: (919) 541–3436, Fax: Rockledge Drive, Bethesda, MD 20892 93.333, Clinical Research, 93.306, 93.333, (301) 451–5455, Email: [email protected]. (Virtual Meeting). 93.337, 93.393–93.396, 93.837–93.844, Hand Delivery/Courier: 530 Davis Drive, Contact Person: Mark P. Rubert, Ph.D., 93.846–93.878, 93.892, 93.893, National Room 2161, Morrisville, NC 27560. Scientific Review Officer, Center for Institutes of Health, HHS) SUPPLEMENTARY INFORMATION: Meeting Scientific Review, National Institutes of Dated: November 17, 2015. and Registration: The meeting is open to Health, 6701 Rockledge Drive, Room 5218, the public with time set aside for oral MSC 7852, Bethesda, MD 20892, 301–435– Natasha M. Copeland, 1775, [email protected]. Program Analyst, Office of Federal Advisory public comment; attendance at the This notice is being published less than 15 Committee Policy. NIEHS is limited only by the space days prior to the meeting due to the timing [FR Doc. 2015–29737 Filed 11–20–15; 8:45 am] available. Registration to attend the limitations imposed by the review and BILLING CODE 4140–01–P meeting in-person and/or view webcast funding cycle. is by February 16, 2016, at http:// Name of Committee: Center for Scientific ntp.niehs.nih.gov/go/36051. Registration Review Special Emphasis Panel; Member DEPARTMENT OF HEALTH AND is required to view the webcast; the URL Conflict: AIDS and AIDS Related Research. HUMAN SERVICES for the webcast will be provided in the Date: December 2–3, 2015. email confirming registration. Visitor Time: 10:00 a.m. to 6:00 p.m. National Institutes of Health and security information for those Agenda: To review and evaluate grant attending in-person is available at applications. Draft National Toxicology Program http://www.niehs.nih.gov/about/ Place: National Institutes of Health, 6701 Technical Reports; Availability of Rockledge Drive, Bethesda, MD 20892 visiting/index.cfm. Individuals with Documents; Request for Comments; disabilities who need accommodation to (Virtual Meeting). Notice of Meeting Contact Person: Kenneth A. Roebuck, participate in this event should contact Ph.D., Scientific Review Officer, Center for SUMMARY: The National Toxicology Dr. Yun Xie at phone: (919) 541–3436 or Scientific Review, National Institutes of Program (NTP) announces the email: [email protected]. TTY users Health, 6701 Rockledge Drive, Room 5106, availability of two draft NTP Technical should contact the Federal TTY Relay MSC 7852, Bethesda, MD 20892, (301) 435– Service at (800) 877–8339. Requests 1166, [email protected]. Reports (TRs) scheduled for peer review: Antimony trioxide and TRIM® should be made at least five business This notice is being published less than 15 VX. The peer review meeting is open to days in advance of the event. days prior to the meeting due to the timing The preliminary agenda and draft TRs limitations imposed by the review and the public. Registration is requested for both public attendance and oral should be posted on the NTP Web site funding cycle. (http://ntp.niehs.nih.gov/go/36051) by Name of Committee: Center for Scientific comment and required to access the webcast. Information about the meeting January 5, 2016. Additional information Review Special Emphasis Panel; Member will be posted when available or may be Conflict: AIDS and AIDS Related Research. and registration are available at http:// Date: December 3–4, 2015. ntp.niehs.nih.gov/go/36051. requested in hardcopy, see FOR FURTHER INFORMATION CONTACT. Following the Time: 10:00 a.m. to 5:00 p.m. DATES: Agenda: To review and evaluate grant meeting, a report of the peer review will applications. Meeting: February 16, 2016, 9:00 a.m. be prepared and made available on the Place: National Institutes of Health, 6701 to approximately 4:00 p.m. Eastern NTP Web site. Individuals are Rockledge Drive, Bethesda, MD 20892 Standard Time (EST). encouraged to access the meeting Web (Virtual Meeting). Document Availability: Draft TRs page to stay abreast of the most current Contact Person: Jingsheng Tuo, Ph.D., should be available by January 5, 2016, information. Scientific Review Officer, Center for at http://ntp.niehs.nih.gov/go/36051. Request for Comments: The NTP Scientific Review, National Institutes of Written Public Comment Health, 6701 Rockledge Drive, Room 5207, invites written and oral public Submissions: Deadline is February 2, comments on the draft TRs. The Bethesda, MD 20892, 301–451–8754, tuoj@ 2016. nei.nih.gov. deadline for submission of written Registration for Oral Comments: comments is February 2, 2016, to enable This notice is being published less than 15 Deadline is February 9, 2016. days prior to the meeting due to the timing review by the peer review panel and limitations imposed by the review and Registration for Meeting and/or to NTP staff prior to the meeting. funding cycle. View Webcast: Deadline is February 16, Registration to provide oral comments is Name of Committee: Center for Scientific 2016. Registration to view the meeting by February 9, 2016, at http:// Review Special Emphasis Panel; Program via the webcast is required. ntp.niehs.nih.gov/go/36051. Public Project: Host Restriction Factors for HIV. ADDRESSES: comments and any other Date: December 4, 2015. Meeting Location: Rodbell correspondence on the draft TRs should Time: 1:00 p.m. to 4:00 p.m. Auditorium, Rall Building, NIEHS, 111 be sent to the FOR FURTHER INFORMATION Agenda: To review and evaluate grant T.W. Alexander Drive, Research CONTACT. Persons submitting written applications. Place: National Institutes of Health, 6701 Triangle Park, NC 27709. comments should include their name, Rockledge Drive, Bethesda, MD 20892 Meeting Web page: The draft TRs, affiliation, mailing address, phone, (Telephone Conference Call). preliminary agenda, registration, and email, and sponsoring organization (if Contact Person: Shiv A. Prasad, Ph.D., other meeting materials will be at any) with the document. Written Scientific Review Officer, Center for http://ntp.niehs.nih.gov/go/36051. comments received in response to this

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notice will be posted on the NTP Web Health Service (PHS) Act, as amended. Contact Person: Najma Begum, Ph.D., site, and the submitter will be identified The panel is governed by the Federal Scientific Review Officer, Review Branch, by name, affiliation, and/or sponsoring Advisory Committee Act, as amended (5 DEA, NIDDK, National Institutes of Health, organization. U.S.C. Appendix 2), which sets forth Room 749, 6707 Democracy Boulevard, Public comment at this meeting is Bethesda, MD 20892–5452, (301) 594–8894, standards for the formation and use of [email protected]. welcome, with time set aside for the advisory committees. presentation of oral comments on the (Catalogue of Federal Domestic Assistance Dated: November 17, 2015. draft TRs. In addition to in-person oral Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; comments at the NIEHS, public John R. Bucher, Associate Director, NTP. 93.848, Digestive Diseases and Nutrition comments can be presented by Research; 93.849, Kidney Diseases, Urology teleconference line. There will be 50 [FR Doc. 2015–29733 Filed 11–20–15; 8:45 am] and Hematology Research, National Institutes lines for this call; availability is on a BILLING CODE 4140–01–P of Health, HHS) first-come, first-served basis. The lines Dated: November 17, 2015. will be open from 9:00 a.m. until David Clary, approximately 4:00 p.m. EDT on DEPARTMENT OF HEALTH AND February 16, 2016, although oral HUMAN SERVICES Program Analyst, Office of Federal Advisory comments will be received only during Committee Policy. National Institutes of Health the formal public comment periods [FR Doc. 2015–29739 Filed 11–20–15; 8:45 am] BILLING CODE 4140–01–P indicated on the preliminary agenda. National Institute of Diabetes and The access number for the Digestive and Kidney Diseases; Notice teleconference line will be provided to of Closed Meetings registrants by email prior to the meeting. DEPARTMENT OF HEALTH AND HUMAN SERVICES Each organization is allowed one time Pursuant to section 10(d) of the slot for each draft TR. At least 7 minutes Federal Advisory Committee Act, as National Institutes of Health will be allotted to each time slot, and if amended (5 U.S.C. App.), notice is time permits, may be extended to 10 hereby given of the following meetings. National Institute of Neurological minutes at the discretion of the chair. The meetings will be closed to the Disorders and Stroke; Notice of Persons wishing to make an oral public in accordance with the Meetings presentation are asked to register online provisions set forth in sections at http://ntp.niehs.nih.gov/go/36051 by 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the February 9, 2016, indicate whether they as amended. The grant applications and Federal Advisory Committee Act, as will present comments in-person or via the discussions could disclose amended (5 U.S.C. App.), notice is the teleconference line. If possible, oral confidential trade secrets or commercial hereby given of the National Advisory public commenters should send a copy property such as patentable material, Neurological Disorders and Stroke of their slides and/or statement or and personal information concerning Council. talking points at that time. Written individuals associated with the grant The meeting will be open to the statements can supplement and may applications, the disclosure of which public as indicated below, with expand the oral presentation. would constitute a clearly unwarranted attendance limited to space available. Registration for in-person oral invasion of personal privacy. Individuals who plan to attend and comments will also be available at the Name of Committee: National Institute of need special assistance, such as sign meeting, although time allowed for language interpretation or other presentation by on-site registrants may Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; PAR–14–301: reasonable accommodations, should be less than that for registered speakers NIDDK Central Repositories Sample Access notify the Contact Person listed below and will be determined by the number from Clinical Trials (X01). in advance of the meeting. of speakers who register on-site. Date: February 1, 2016. The meeting will be closed to the Background Information on NTP Peer Time: 11:00 a.m. to 1:00 p.m. Review Panels: NTP panels are Agenda: To review and evaluate grant public in accordance with the technical, scientific advisory bodies applications. provisions set forth in sections established on an ‘‘as needed’’ basis to Place: National Institutes of Health, Two 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provide independent scientific peer Democracy Plaza, 6707 Democracy as amended. The grant applications and review and advise the NTP on agents of Boulevard, Bethesda, MD 20892 (Telephone the discussions could disclose public health concern, new/revised Conference Call). confidential trade secrets or commercial toxicological test methods, or other Contact Person: Najma Begum, Ph.D., property such as patentable materials, Scientific Review Officer, Review Branch, issues. These panels help ensure and personal information concerning DEA, NIDDK, National Institutes of Health, individuals associated with the grant transparent, unbiased, and scientifically Room 749, 6707 Democracy Boulevard, rigorous input to the program for its use Bethesda, MD 20892–5452, (301) 594–8894, applications, the disclosure of which in making credible decisions about [email protected]. would constitute a clearly unwarranted human hazard, setting research and Name of Committee: National Institute of invasion of personal privacy. testing priorities, and providing Diabetes and Digestive and Kidney Diseases Name of Committee: National Advisory information to regulatory agencies about Special Emphasis Panel; RFA–DK–15–017: Neurological Disorders and Stroke Council. alternative methods for toxicity Adherence Studies in Adolescents with CKD Date: February 4–5, 2016. screening. The NTP welcomes or Urological Diseases (R01). Open: February 4, 2016, 8:00 a.m. to 3:30 nominations of scientific experts for Date: February 8, 2016. p.m. upcoming panels. Scientists interested Time: 11:00 a.m. to 2:00 p.m. Agenda: Report by the Director, NINDS; Agenda: To review and evaluate grant Report by the Director, Division of in serving on an NTP panel should applications. Extramural Research; and Administrative and provide current curriculum vitae to the Place: National Institutes of Health, Two Program Developments. FOR FURTHER INFORMATION CONTACT. The Democracy Plaza, 6707 Democracy Place: National Institutes of Health, authority for NTP panels is provided by Boulevard, Bethesda, MD 20892 (Telephone Building 31, C Wing, Conference Room 10, 42 U.S.C. 217a; section 222 of the Public Conference Call). 31 Center Drive, Bethesda, MD 20892.

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Closed: February 4, 2016, 3:30 p.m. to 5:00 Mapping Advisory Council (TMAC) will a.m. and December 10, 2015 from p.m. meet via conference call on December 9 11:00–11:20 a.m. EST. Speakers are Agenda: To review and evaluate grant and 10, 2015. The meeting will be open requested to limit their comments to no applications. to the public. more than two minutes. Each public Place: National Institutes of Health, Building 31, C Wing, Conference Room 10, DATES: The TMAC will meet via comment period will not exceed 20 31 Center Drive, Bethesda, MD 20892. conference call on Wednesday, minutes. Please note that the public Closed: February 5, 2016, 8:00 a.m. to December 9 from 10:00 a.m. to 5:30 p.m. comment periods may end before the 11:00 a.m. Eastern Standard Time (EST), and on time indicated, following the last call Agenda: To review and evaluate grant Thursday, December 10, 2015 from for comments. Contact the individual applications. 10:00 a.m. to 4:30 p.m. EST. Please note listed below to register as a speaker by Place: National Institutes of Health, that the meeting will close early if the close of business on Friday, December 4, Building 31, C Wing, Conference Room 10, TMAC has completed its business. 2015. 31 Center Drive, Bethesda, MD 20892. Contact Person: Robert Finkelstein, Ph.D., ADDRESSES: For information on how to FOR FURTHER INFORMATION CONTACT: Director, Division of Extramural Research, access to the conference call, Mark Crowell, Designated Federal National Institute of Neurological Disorders information on services for individuals Officer for the TMAC, FEMA, 1800 and Stroke, NIH, 6001 Executive Blvd., Suite with disabilities, or to request special South Bell Street Arlington, VA 22202, 3309, MSC 9531, Bethesda, MD 20892, (301) assistance for the meeting, contact the telephone (202) 646–3432, and email 496–9248. person listed in FOR FURTHER [email protected]. The TMAC Any interested person may file written INFORMATION CONTACT below as soon as Web site is: http://www.fema.gov/ comments with the committee by forwarding possible. Members of the public who TMAC. the statement to the Contact Person listed on wish to dial in for the meeting must this notice. The statement should include the SUPPLEMENTARY INFORMATION: Notice of name, address, telephone number and when register in advance by sending an email this meeting is given under the Federal applicable, the business or professional to [email protected] Advisory Committee Act, 5 U.S.C. affiliation of the interested person. (attention Mark Crowell) by 11 a.m. EST Appendix. In the interest of security, NIH has on Friday, December 4, 2015. As required by the Biggert-Waters instituted stringent procedures for entrance To facilitate public participation, Flood Insurance Reform Act of 2012, the onto the NIH campus. All visitor vehicles, members of the public are invited to TMAC makes recommendations to the including taxicabs, hotel, and airport shuttles provide written comments on the issues FEMA Administrator on: (1) How to will be inspected before being allowed on to be considered by the TMAC, as listed improve, in a cost-effective manner, the campus. Visitors will be asked to show one in the SUPPLEMENTARY INFORMATION form of identification (for example, a (a) accuracy, general quality, ease of use, section below. The Agenda and other and distribution and dissemination of government-issued photo ID, driver’s license, associated reports and material will be or passport) and to state the purpose of their flood insurance rate maps and risk data; visit. available for review at www.fema.gov/ and (b) performance metrics and Information is also available on the TMAC by Wednesday, December 2, milestones required to effectively and Institute’s/Center’s home page: http:// 2015. Written comments to be efficiently map flood risk areas in the www.ninds.nih.gov, where an agenda and considered by the committee at the time United States; (2) mapping standards any additional information for the meeting of the meeting must be received by and guidelines for (a) flood insurance will be posted when available. Friday, December 4, 2015, identified by rate maps, and (b) data accuracy, data (Catalogue of Federal Domestic Assistance Docket ID FEMA–2014–0022, and quality, data currency, and data Program Nos. 93.853, Clinical Research submitted by one of the following eligibility; (3) how to maintain, on an Related to Neurological Disorders; 93.854, methods: Biological Basis Research in the • Federal eRulemaking Portal: http:// ongoing basis, flood insurance rate maps Neurosciences, National Institutes of Health, www.regulations.gov. Follow the and flood risk identification; (4) HHS). instructions for submitting comments. procedures for delegating mapping Dated: November 17, 2015. • Email: Address the email TO: activities to State and local mapping Sylvia Neal, [email protected] and CC: partners; and (5)(a) methods for Program Analyst, Office of Federal Advisory [email protected]. Include improving interagency and Committee Policy. the docket number in the subject line of intergovernmental coordination on flood mapping and flood risk [FR Doc. 2015–29729 Filed 11–20–15; 8:45 am] the message. Include name and contact determination, and (b) a funding BILLING CODE 4140–01–P detail in the body of the email. • Mail: Regulatory Affairs Division, strategy to leverage and coordinate Office of Chief Counsel, FEMA, 500 C budgets and expenditures across Federal Street SW., Room 8NE, Washington, DC agencies. Furthermore, the TMAC is DEPARTMENT OF HOMELAND required to submit an Annual Report to SECURITY 20472–3100. Instructions: All submissions received the FEMA Administrator that contains: Federal Emergency Management must include the words ‘‘Federal (1) a description of the activities of the Agency Emergency Management Agency’’ and Council; (2) an evaluation of the status the docket number for this action. and performance of flood insurance rate [Docket ID FEMA–2014–0022] Comments received will be posted maps and mapping activities to revise without alteration at http:// and update Flood Insurance Rate Maps; Technical Mapping Advisory Council; www.regulations.gov, including any and (3) a summary of recommendations Meeting personal information provided. Docket: made by the Council to the FEMA AGENCY: Federal Emergency For docket access to read background Administrator. Management Agency, DHS documents or comments received by the The TMAC must also develop ACTION: Committee management; Notice TMAC, go to http://www.regulations.gov recommendations on how to ensure that of Federal advisory committee meeting. and search for the Docket ID FEMA– flood insurance rate maps incorporate 2014–0022. the best available climate science to SUMMARY: The Federal Emergency A public comment period will be held assess flood risks and ensure that FEMA Management Agency (FEMA) Technical on December 9, 2015, from 11:00–11:20 uses the best available methodology to

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consider the impact of the rise in sea approval of a revision of the currently Information Collection Requirement level and future development on flood approved collection under the Title: Aircraft Repair Station Security. risk. The TMAC must collect these Paperwork Reduction Act (PRA). The Type of Request: Revision of a recommendations and present them to ICR describes the nature of the currently approved collection. the FEMA Administrator in a Future information collection and its expected OMB Control Number: 1652–0060. Conditions Risk Assessment and burden. TSA published a Federal Forms(s): [NA]. Modeling Report (hereafter, Future Register notice, with a 60-day comment Affected Public: Aircraft Repair Conditions Report). Further, in period soliciting comments, of the Stations. accordance with the Homeowner Flood following collection of information on Abstract: In accordance with TSA’s Insurance Affordability Act of 2014, the September 1, 2015, 80 FR 52777. The authority and responsibility over TMAC must develop a review report collection involves recordkeeping aviation security, TSA conducts related to flood mapping in support of requirements and petitions for inspections of certain aircraft repair the National Flood Insurance Program reconsideration for certain aircraft stations located within the United (NFIP). repair stations. States, and outside of the United States Agenda: On December 9, 2015, there DATES: Send your comments by to ensure compliance with the will be a review of the final Annual, and December 23, 2015. A comment to OMB requirements of 49 CFR part 1554. This Future Conditions Reports. The final is most effective if OMB receives it includes the collection of information reports were voted upon and approved within 30 days of publication. relating to recordkeeping of by the TMAC, subject to amendments employment history records, petitions agreed upon by the Council at the ADDRESSES: Interested persons are for reconsideration, and compliance previous TMAC meeting, which was invited to submit written comments on with the recordkeeping requirements of held on October 20 and 21, 2015. After the proposed information collection to Security Directives. a review of the content of the reports, the Office of Information and Regulatory TSA is revising the collection to a motion will be entertained to formally Affairs, OMB. Comments should be exclude paper and desk audits. As submit each report with executive addressed to Desk Officer, Department required by 49 U.S.C. 44924, TSA has summaries to the FEMA Administrator. of Homeland Security/TSA, and sent via completed a security review and audit On December 10, FEMA’s Flood electronic mail to oira_submission@ of the 707 repair stations outside the Mapping Integrated Project Team will omb.eop.gov or faxed to (202) 395–6974. United States. Therefore, there is no brief the TMAC on the status of FEMA’s FOR FURTHER INFORMATION CONTACT: further requirement in the regulations to mapping program. This briefing is Joanna Johnson, TSA PRA Officer, perform these audits. intended to help the TMAC prepare for Office of Information Technology (OIT), Number of Respondents: 15.1 the review report required by the TSA–11, Transportation Security Estimated Annual Burden Hours: An Homeowner Flood Insurance Administration, 601 South 12th Street, estimated 118 hours annually. Affordability Act of 2014. A brief public Arlington, VA 20598–6011; telephone Dated: November 18, 2015. comment period will take place at the (571) 227–3651; email TSAPRA@ Joanna Johnson, beginning of the meeting each day. A tsa.dhs.gov. TSA Paperwork Reduction Act Officer, Office more detailed agenda will be posted by SUPPLEMENTARY INFORMATION: of Information Technology. December 4, 2015, at http:// [FR Doc. 2015–29809 Filed 11–20–15; 8:45 am] www.fema.gov/TMAC. Comments Invited BILLING CODE 9110–05–P Dated: November 17, 2015. In accordance with the Paperwork Roy E. Wright, Reduction Act of 1995 (44 U.S.C. 3501 Deputy Associate Administrator for Insurance et seq.), an agency may not conduct or DEPARTMENT OF HOUSING AND and Mitigation, Federal Emergency sponsor, and a person is not required to URBAN DEVELOPMENT Management Agency. respond to, a collection of information [Docket No. FR–5849–N–07] [FR Doc. 2015–29807 Filed 11–20–15; 8:45 am] unless it displays a valid OMB control BILLING CODE 9110–12–P number. The ICR documentation is Notice of a Federal Advisory available at http://www.reginfo.gov. Committee; Manufactured Housing Therefore, in preparation for OMB Consensus Committee; Structure and DEPARTMENT OF HOMELAND review and approval of the following Design Subcommittee Teleconference SECURITY information collection, TSA is soliciting comments to— AGENCY: Office of the Assistant Transportation Security Administration (1) Evaluate whether the proposed Secretary for Housing—Federal Housing [Docket No. TSA–2004–17131] information requirement is necessary for Commissioner, HUD. the proper performance of the functions ACTION: Notice of a Federal Advisory Extension of Agency Information of the agency, including whether the Meeting. Collection Activity Under OMB Review: information will have practical utility; SUMMARY: Aircraft Repair Station Security This notice sets forth the (2) Evaluate the accuracy of the schedule and proposed agenda for a AGENCY: Transportation Security agency’s estimate of the burden; Administration, DHS. (3) Enhance the quality, utility, and 1 In the 60 day notice, TSA estimated that it had ACTION: 30-day notice. clarity of the information to be a total of 432 respondents (152 respondent repair collected; and stations located in the United States and 280 SUMMARY: respondent repair stations located outside the This notice announces that (4) Minimize the burden of the United States) and an estimated annual burden of the Transportation Security collection of information on those who 657 hours (355 outside the United States and 312 Administration (TSA) has forwarded the are to respond, including using within the United States). Since the publication of Information Collection Request (ICR), appropriate automated, electronic, the notice, TSA has moved from requesting a renewal of the collection to a revision. TSA will no Office of Management and Budget mechanical, or other technological longer be collecting information to complete paper (OMB) control number 1652–0060, collection techniques or other forms of and desk audits. Therefore, the respondents and abstracted below to OMB for review and information technology. annual burden have been significantly reduced.

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teleconference meeting of the homeinnovation.com or call 1–888– Single Room Occupancy, during Manufactured Housing Consensus 602–4663. Written comments are calendar year (CY) 2015. Committee (MHCC), Structure and encouraged. The MHCC strives to DATES: Effective Date: January 1, 2015. Design Subcommittee. The accommodate citizen comments to the FOR FURTHER INFORMATION CONTACT: teleconference meeting is open to the extent possible within the time Miguel Fontanez, Director, Housing public. The agenda provides an constraints of the meeting agenda. Voucher Financial Management opportunity for citizens to comment on Advance registration is strongly Division, Office of Public Housing and the business before the MHCC. encouraged. The MHCC will also Voucher Programs, Office of Public and DATES: The teleconference meeting will provide an opportunity for public Indian Housing, Department of Housing be held on December 10, 2015, 1:00 p.m. comment on specific matters before the and Urban Development, Room 4222, to 4:00 p.m. Eastern Standard Time Structure and Design Subcommittee. 451 Seventh Street, SW., Washington, (EST). The teleconference numbers are: Tentative Agenda DC 20410–8000, telephone number 202– US toll-free: 1–866–622–8461, 708–2934. (This is not a toll-free Participant Code: 4325434. December 10, 2015, from 1:00 p.m. to number). Hearing or speech impaired FOR FURTHER INFORMATION CONTACT: 4:00 p.m. Eastern Standard Time (EST) individuals may call TTY number 1 Pamela Beck Danner, Administrator and I. Call to Order and Roll Call (800) 877–8339. II. Opening Remarks: Subcommittee Designated Federal Official (DFO), SUPPLEMENTARY INFORMATION: Office of Manufactured Housing Chair and DFO Programs, Department of Housing and III. Approve Minutes from July 15, A. Background 2015—Structure and Design Urban Development, 451 Seventh Street This Notice announces that HUD has Subcommittee Teleconference SW., Room 9166, Washington, DC posted on its Web site the CY 2015 IV. New Business: 20410, telephone 202–708–6423 (this is administrative fee rates and provides • Log 87—Hallway Widths not a toll-free number). Persons who the Department’s methodology used to • Log 115—UL 1995 have difficulty hearing or speaking may determine the fee rates by area, which V. Referenced Standards for Review access this number via TTY by calling the Office of Housing Voucher Programs • AISC, (2011) Steel Construction the toll-free Federal Relay Service at (OHVP) will use to compensate public Manual 800–877–8339. housing agencies (PHAs) for • NER 272, (2015) National SUPPLEMENTARY INFORMATION: Notice of administering the HCV programs. PIH Evaluation Report, Power Driven this meeting is provided in accordance Notice 2015–03, entitled Staples, Nails and Allied Fasteners with the Federal Advisory Committee ‘‘Implementation of the Federal Fiscal for use in All Types of Building Act, 5. U.S.C. App. 10(a)(2) through Year (FY) 2015 Funding Provisions for Construction implementing regulations at 41 CFR the Housing Choice Voucher Program,’’ • APA H815E, (2013) Design & 102–3.150. The MHCC was established (2015 HCV Funding Implementation Fabrication of All—Plywood Beams by the National Manufactured Housing Notice) issued on February 27, 2015, VI. Open Discussion Construction and Safety Standards Act describes the advance and settlement VII. Public Comments of 1974, (42 U.S.C. 5401 et. seq.) as processes for this compensation, which VIII. Adjourn 4:00 p.m. amended by the Manufactured Housing are a result of the mandate enacted in Improvement Act of 2000 (Pub. L. 106– Dated: November 17, 2015. the ‘‘Consolidated and Further 569). According to 42 U.S.C. 5403, as Pamela Beck Danner, Continuing Appropriations Act, 2015’’ amended, the purposes of the MHCC are Administrator, Office of Manufactured (Pub. L. 113–235), referred to hereinafter to: Housing Programs. as ‘‘the Act’,’’ enacted on December 16, • Provide periodic recommendations [FR Doc. 2015–29813 Filed 11–20–15; 8:45 am] 2014. PIH Notice 2015–03 can be found to the Secretary to adopt, revise, and BILLING CODE 4210–67–P at: http://portal.hud.gov/hudportal/ interpret the Federal manufactured documents/huddoc?id=15-03pihn.pdf. housing construction and safety standards; DEPARTMENT OF HOUSING AND B. CY 2015 Methodology • Provide periodic recommendations URBAN DEVELOPMENT For CY 2015, in accordance with the to the Secretary to adopt, revise, and Act, administrative fees will be earned interpret the procedural and [Docket No. FR–5884–N–01] on the basis of vouchers leased as of the enforcement regulations, including Notice of Annual Factors for first day of each month. This data will regulations specifying the permissible Determining Public Housing Agency be extracted from the Voucher scope and conduct of monitoring; and Administrative Fees for the Section 8 Management System (VMS) at the close • Be organized and carry out its Housing Choice Voucher, Mainstream, of each reporting cycle and validated business in a manner that guarantees a and Moderate Rehabilitation Programs prior to use. fair opportunity for the expression and Two fee rates are provided for each consideration of various positions and AGENCY: Office of the Assistant PHA. The first rate, Column A, applies for public participation. Secretary for Public and Indian to the first 7200 voucher unit months The MHCC is deemed an advisory Housing, HUD. leased in CY 2015. The second rate, committee not composed of Federal ACTION: Notice. Column B, applies to all remaining employees. voucher unit months leased in CY 2015. Public Comment: Citizens wishing to SUMMARY: This Notice announces that In years prior to 2010, a Column C rate make oral comments on the business of HUD has posted on its Web site the was also established, which applied to the MHCC are encouraged to register by monthly per unit fee rates for use in all voucher unit months leased in or before December 4, 2015, by determining the on-going administrative dwelling units owned by the PHA. For contacting Home Innovation Research fees for housing agencies administering CY 2015, as in recent years, there are no Labs., 400 Prince Georges Boulevard, the Housing Choice Voucher (HCV), 5- Column C administrative fee rates. Fees Upper Marlboro, MD 20774; Attention: Year Mainstream, and Moderate for leasing HA-owned units will be Kevin Kauffman, or email to: MHCC@ Rehabilitation programs, including earned in the same manner and at the

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same Column A and Column B rates as Dated: November 8, 2015. Information Collection Request for all other Voucher leasing. Lourdes Castro Ramı´rez, OMB Control Number: 1018–0153. The fee rates established for CY 2015, Principal Deputy Assistant Secretary for Title: National Wildlife Refuge Visitor using the standard procedures, in some Public and Indian Housing. Check-In Permit and Use Report. cases resulted in fee rates lower than [FR Doc. 2015–29812 Filed 11–20–15; 8:45 am] Service Form Number: 3–2405. those established for CY 2014. In those BILLING CODE 4210–67–P Type of Request: Extension of a cases, the affected PHAs are being held currently approved collection. harmless at the CY 2014 fee rates. Description of Respondents: The fee rates for each PHA are Individuals who visit national wildlife generally those rates covering the fee DEPARTMENT OF THE INTERIOR refuges. areas in which each PHA has the Respondent’s Obligation: Required to greatest proportion of its participants, Fish and Wildlife Service obtain or retain a benefit. based on Public Housing Information Frequency of Collection: On occasion. Center (PIC) data submitted by the PHA. [FWS–R4–R–2015–N221; FXRS1263040000– Estimated Annual Number of In some cases, PHAs have participants 156–FF04R08000] in more than one fee area. If such a PHA Respondents: 650,000. Estimated Annual Number of so chooses, the PHA may request that Information Collection Request Sent to Responses: 650,000. the Department establish a blended fee the Office of Management and Budget Estimated Completion Time per rate schedule that will consider (OMB) for Approval; National Wildlife proportionately all areas in which Response: 5 minutes. Refuge Visitor Check-In Permit and Estimated Total Annual Burden participants are located. Once a blended Use Report rate schedule is established, it will be Hours: 54,167. used to determine the PHA’s fee AGENCY: Fish and Wildlife Service, Abstract: The National Wildlife eligibility for all months in CY 2015. Interior. Refuge System Administration Act of 1966 (16 U.S.C. 668dd–668ee), as The PHAs were advised via the 2015 ACTION: Notice; request for comments. HCV Funding Implementation Notice to amended by the National Wildlife apply for blended fee rate by March 31, SUMMARY: We (U.S. Fish and Wildlife Refuge System Improvement Act of 2015. These applications were already Service) have sent an Information 1997, and the Refuge Recreation Act of reviewed and determinations were Collection Request (ICR) to OMB for 1962 (16 U.S.C. 460k–460k–4) govern announced. review and approval. We summarize the the administration and uses of national PHAs that operate over a large ICR below and describe the nature of the wildlife refuges and wetland geographic area, defined as multiple collection and the estimated burden and management districts. We are counties, may request a higher cost. This information collection is authorized to allow public uses on lands administrative fee rate if eligible under scheduled to expire on December 31, of the National Wildlife Refuge System, the circumstance described in the CY 2015. We may not conduct or sponsor including hunting, fishing, wildlife 2015 implementation notice. The PHAs and a person is not required to respond observation, wildlife photography, and were advised via the 2015 HCV Funding to a collection of information unless it environmental education and Implementation Notice to apply for displays a currently valid OMB control interpretation, and other visitor uses, higher fee rates by March 31, 2015. number. However, under OMB when we find that the activities are These applications were already regulations, we may continue to compatible and appropriate with the reviewed and determinations will be conduct or sponsor this information purpose or purposes for which the announced during early September collection while it is pending at OMB. refuges were established. 2015. DATES: You must submit comments on We collect information on hunters Accordingly, the Department issues or before December 23, 2015. and anglers and other visitors to help us protect refuge resources and administer the monthly per voucher unit fee rates ADDRESSES: Send your comments and and evaluate the success of visitor to be used to determine PHA suggestions on this information administrative fee eligibility for the programs. Because of high demand and collection to the Desk Officer for the limited resources, we often provide programs identified in this Notice. Department of the Interior at OMB– These fee rates are posted on HUD’s visitor opportunities by permit, based OIRA at (202) 395–5806 (fax) or on dates, locations, or type of public Web site at: http://portal.hud.gov/ [email protected] _ use. We may not allow all opportunities hudportal/HUD?src=/program offices/ (email). Please provide a copy of your _ _ on all refuges, and harvest information public indian housing/programs/hcv, comments to the Service Information under Program Related Information. differs for each refuge. We use FWS Collection Clearance Officer, U.S. Fish Form 3–2405 (Self-Clearing Check-In Any questions concerning this Notice and Wildlife Service, MS BPHC, 5275 should be directed to the PHA’s Permit) to collect this information. Not Leesburg Pike, Falls Church, VA 22041– all refuges will use the form, and some assigned representative at the Financial 3803 (mail), or [email protected] Management Center or to the Financial refuges may collect the information in a (email). Please include ‘‘1018–0153’’ in nonform format. We collect: Management Division at the subject line of your comments. PIH.Financial.Management.Division@ • Information on the visitor (name, hud.gov. FOR FURTHER INFORMATION CONTACT: To address, and contact information). We request additional information about use this information to identify the C. MTW Agencies this ICR, contact Hope Grey at visitor or driver/passengers of a vehicle Where MTW Agencies have [email protected] (email) or 703–358– while on the refuge. Having this alternative formula for calculating HCV 2482 (telephone). You may review the information readily available is critical Administrative Fees in Attachment A of ICR online at http://www.reginfo.gov. in a search and rescue situation. We do their MTW Agreements, HUD will Follow the instructions to review not maintain or record this information. continue to calculate the HCV Department of the Interior collections • Information on whether or not Administrative Fees in accordance with under review by OMB. hunters/anglers were successful that MTW Agreement provision. SUPPLEMENTARY INFORMATION: (number and type of harvest/caught).

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• Purpose of visit (hunting, fishing, should be aware that your entire SUPPLEMENTARY INFORMATION: wildlife observation, wildlife comment, including your personal I. Abstract photography, auto touring, birding, identifying information, may be made hiking, boating/canoeing, visitor center, publicly available at any time. While The primary objective of the National special event, environmental education you can ask OMB or us in your Coal Resources Data System (NCRDS) is class, volunteering, other recreation). comment to withhold your personal to advance the understanding of the • Date of visit. identifying information from public energy endowment of the United States The above information is a vital tool review, we cannot guarantee that it will (U.S.) by gathering and organizing in meeting refuge objectives and be done. digital geologic information related to coal, coal bed gas, shale gas, maintaining quality visitor experiences. Dated: November 18, 2015. It will help us: conventional and unconventional oil Tina A. Campbell, • Administer and monitor visitor and gas, geothermal, and other energy programs and facilities on refuges. Chief, Division of Policy, Performance, and resources and related information • Distribute visitor permits to ensure Management Programs, U.S. Fish and Wildlife regarding these resources, along with Service. safety of visitors. environmental impacts from using these • Ensure a quality visitor experience. [FR Doc. 2015–29769 Filed 11–20–15; 8:45 am] resources. These data are needed to • Minimize resource disturbance, BILLING CODE 4333–15–P support regional or national assessments manage healthy game populations, and concerning energy resources. Requesting ensure the protection of fish and DEPARTMENT OF THE INTERIOR external cooperation is a way for wildlife species. NCRDS to collect energy data and • Assist in Statewide wildlife U.S. Geological Survey perform research and analyses on the management and enforcement and characterization of geologic material, develop reliable estimates of the number [GX15NM00FU50100] and obtain other information (including of all game fish and wildlife. geophysical or seismic data, sample Agency Information Collection • Determine facility and program collection for generation of thermal Activities: Request for Comments needs and budgets. maturity data) that can be used in Comments Received and Our Responses AGENCY: U.S. Geological Survey (USGS), energy resource assessments and related Interior. studies. On June 23, 2015, we published in the ACTION: Notice of a revision of a The USGS will issue a call for Federal Register (80 FR 35969) a notice currently approved information proposals to support researchers from of our intent to request that OMB renew collection (1028–0094). State Geological Surveys and associated approval for this information collection. accredited universities that can provide In that notice, we solicited comments SUMMARY: We (the U.S. Geological geologic data to support NCRDS and for 60 days, ending on August 24, 2015. Survey) will ask the Office of other energy assessment projects being We received one comment. The Management and Budget (OMB) to conducted by the USGS. commenter objected to the requirement approve the information collection (IC) Data submitted to NCRDS by external to sign in to enter a refuge and objected described below. As required by the cooperators constitute more than two- to the use of taxpayer dollars to collect Paperwork Reduction Act (PRA) of thirds of the USGS point-source this information. We use this 1995, and as part of our continuing stratigraphic database (USTRAT) on information to identify the visitor or efforts to reduce paperwork and coal occurrence. In 2015, NCRDS driver/passengers of a vehicle while on respondent burden, we invite the supported 21 projects in 19 States. This the refuge. Having this information general public and other Federal program is conducted under various readily available is critical in a search agencies to take this opportunity to authorities, including 30 U.S.C. 208–1, and rescue situation. We have not made comment on this IC. This collection is 42 U.S.C. 15801, and 43 U.S.C. 31 et any changes to our requirements, based scheduled to expire on 03/31/2016. seq. This collection will consist of on this comment. DATES: To ensure that your comments applications, proposals and reports Request for Public Comments are considered, we must receive them (annual and final). on or before January 22, 2016. We again invite comments concerning II. Data ADDRESSES: You may submit comments this information collection on: on this information collection to the OMB Control Number: 1028–0094. • Whether or not the collection of Information Collection Clearance Form Number: Various if many information is necessary, including Officer, U.S. Geological Survey, 12201 different forms or screen shots, whether or not the information will Sunrise Valley Drive MS 807, Reston, otherwise provide the form number. have practical utility; Title: Energy Cooperatives to Support • VA 20192 (mail); (703) 648–7197 (fax); The accuracy of our estimate of the _ the National Coal Resources Data burden for this collection of or gs-info [email protected] (email). Please reference ‘Information Collection System (NCRDS). information; Type of Request: Renewal of existing 1028–0094, Energy Cooperatives to • Ways to enhance the quality, utility, collection. and clarity of the information to be Support the National Coal Resources Affected Public: Individuals; State, collected; and Data System (NCRDS) in all local and tribal governments; State • Ways to minimize the burden of the correspondence. Geological Surveys, universities, and collection of information on FOR FURTHER INFORMATION CONTACT: businesses. respondents. Joseph East, Eastern Energy Resources Respondent’s Obligation: Required to Comments that you submit in Science Center, U.S. Geological Survey, obtain or retain benefits. Frequency of response to this notice are a matter of 12201 Sunrise Valley Drive, Mail Stop Collection: One time every 5 years for public record. Before including your 956, Reston, VA 20192 (mail); 703–648– applications and final reports; annually address, phone number, email address, 6450 (phone); or [email protected] (email). for progress reports. or other personal identifying You may also find information about Estimated Total Number of Annual information in your comment, you this IC at www.reginfo.gov. Responses: 21.

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Estimated Time per Response: 25 ACTION: Notice. development remains the same with hours. meeting rooms, offices, kitchen Estimated Annual Burden Hours: 525 SUMMARY: The Bureau of Land facilities, landscaping, and parking, as hours. Management (BLM), Las Vegas Field well as fire personnel living quarters Estimated Reporting and Office, has determined that land located and fire engine vehicle bays. Recordkeeping ‘‘Non-Hour Cost’’ in Clark County, Nevada is suitable for The proposed change of use is in Burden: There are no ‘‘non-hour cost’’ a change of use to the City of Las Vegas conformance with the BLM Las Vegas burdens associated with this IC. under the authority of the Recreation Resource Management Plan and the Public Disclosure Statement: The PRA and Public Purposes (R&PP) Act of Record of Decision approved on October (44 U.S.C. 3501, et seq.) provides that an 1926, as amended. The City of Las Vegas 5, 1998. Authority for the transfer and agency may not conduct or sponsor and has requested that the BLM change the change of use is in conformance with current use from a metropolitan police you are not required to respond to a Section 202 of the Federal Land Policy substation and fire station to a public collection of information unless it and Management Act of October 21, park and fire station. displays a currently valid OMB control 1976, (FLPMA) as amended, and number and current expiration date. DATES: Comments regarding the Section 203, when the Secretary proposed change of use must be determines that the sale of the parcels III. Request for Comments submitted to the BLM on or before meets the following disposal criteria: We are soliciting comments as to: (a) January 7, 2016. Such tract is difficult and uneconomic Whether the proposed collection of ADDRESSES: Send written comments to manage because of its location or information is necessary for the agency concerning the proposed change of use other characteristics—such as the to perform its duties, including whether to the BLM, Las Vegas Assistant Field subject’s history of use, current level of the information is useful; (b) the Manager, Division of Lands, 4701 N. development, and is not suitable for accuracy of the agency’s estimate of the Torrey Pines Drive, Las Vegas, NV management by another Federal burden of the proposed collection of 89130. department or agency. The parcel of information; (c) ways to enhance the FOR FURTHER INFORMATION CONTACT: land is surrounded by a Master Planned quality, usefulness, and clarity of the Roger Ketterling, at 702–515–5087, or by community with residences and local information to be collected; and (d) how email at [email protected]. Persons businesses. The lands proposed for the to minimize the burden on the who use a telecommunications device change of use are not needed for Federal respondents, including the use of for the deaf (TDD) may call the Federal purposes and the United States has no automated collection techniques or Information Relay Service (FIRS) at 1– present interest in the property. other forms of information technology. 800–877–8339 to contact the above Should it be approved, the change of Please note that the comments individual during normal business use for the 7.5 acres will be made submitted in response to this notice are hours. The FIRS is available 24 hours a subject to the provisions of FLPMA, the a matter of public record. Before day, 7 days a week, to leave a message applicable regulations of the Secretary including your personal mailing or question with the above individual. of the Interior, and will contain the address, phone number, email address, You will receive a reply during normal following terms, conditions and or other personally identifiable business hours. reservations: 1. A condition that the lease will be information in your comment, you SUPPLEMENTARY INFORMATION: The City should be aware that your entire subject to all valid existing rights of of Las Vegas submitted the following record. comment, including your personally described parcel for change of use under identifiable information, may be made 2. A condition that the conveyance the authority of the R&PP Act on August will be subject to all reservations, publicly available at any time. While 16, 2007. The parcel is located south of you can ask us in your comment to conditions, and restrictions in Grand Teton Drive and west of Hualapai authorized lease N–63293–01, withhold your personally identifiable Way in Las Vegas, Nevada. information from public view, we including, but not limited to, all mineral deposits in the land so leased, and to it, cannot guarantee that we will be able to Mount Diablo Meridian, Nevada do so. or persons authorized by it, the right to Sec. 13, T. 19 S., R. 59 E., prospect for, mine and remove such NW1⁄4NE1⁄4NE1⁄4NE1⁄4, S1⁄2NE1⁄4NE1⁄4NE1⁄4. Jonathan Kolak, deposits from the same under applicable The area described contains 7.5 acres, in Acting Program Coordinator, USGS Energy law and regulations to be established by Clark County, Nevada. Resources Program. the Secretary of the Interior. [FR Doc. 2015–29770 Filed 11–20–15; 8:45 am] According to the City of Las Vegas, 3. An appropriate indemnification BILLING CODE 4338–11–P since the lease issuance, a new location clause protecting the U.S. from claims was secured for the metropolitan police arising out of the lessee’s use, substation, but the area is lacking in occupancy, or operations on the DEPARTMENT OF THE INTERIOR recreational facilities since it is patented lands. surrounded by two, large master 4. Additional terms and conditions Bureau of Land Management planned communities that have yet to that the authorized officer deems be fully developed. The fire station is appropriate. [LLNVS00560.L58530000.EU0000.241A; N– still needed in order to fill response Detailed information concerning the 63293–01; 12–08807; MO# 4500082456; time gaps for the existing and proposed proposed partial transfer of patent/ TAS:15X5232] developments. change of use is available for review at Notice of Realty Action: Change of Use The new public park use will consist the location identified in ADDRESSES for Recreation and Public Purposes of picnic shelters, children’s splash pad above. Act Lease N–63293–01, Clark County, play area, children’s shaded play area Public comments regarding the NV with equipment, walking path/trail, proposed change of use for the subject desert landscaping, turf open play area, 7.5 acres may be submitted in writing to AGENCY: Bureau of Land Management, basketball courts, restrooms, and a the BLM Las Vegas Field office (see Interior. parking lot. The fire station plan of ADDRESSES above) on or before January

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7, 2016. Any comments regarding the 223–8669, or email giles_parker@ Central Valley Project in coordination proposed partial change of use will be nps.gov. with the State Water Project, and reviewed by the BLM Nevada State SUPPLEMENTARY INFORMATION: This implement the 2008 U.S. Fish and Director or other authorized official of meeting is open to the public. Those Wildlife Service and 2009 National the Department of the Interior, who may wishing to submit written comments Marine Fisheries Service biological sustain, vacate, or modify this realty may contact the DFO for the Council, opinions and reasonable and prudent action in whole or in part. In the Giles Parker, by mail at National Park alternatives stated in the No Action absence of timely filed objections, this Service, Boston Harbor Islands, 15 State Alternative. The Final EIS is in response realty action will become final Street, Suite 1100, Boston, MA 02109. to the November 16, 2009 and March 5, determination of the Department of the Before including your address, 2010 rulings by the United States Interior. telephone number, email address, or District Court for the Eastern District of California that the Bureau of Before including your address, phone other personal identifying information Reclamation failed to conduct a number, email, address, or other in your comment, you should be aware National Environmental Policy Act personal identifying information in your that your entire comment—including review prior to accepting and comment, you should be aware that your personal identifying information— implementing the Reasonable and your entire comment, including your may be made publicly available at any Prudent Alternatives from the 2008 U.S. personal identifying information, may time. While you may ask us in your Fish and Wildlife Service and 2009 be made publicly available at any time. comment to withhold your personal National Marine Fisheries Service While you can ask us in your comment identifying information from public Biological Opinions. to withhold your personal identifying review, we cannot guarantee that we information from public review, we will be able to do so. DATES: The Bureau of Reclamation will cannot guarantee that we will be able to The Council was appointed by the not make a decision on the proposed do so. Director of the National Park Service action until at least 30 days after release Authority: 43 CFR 2711.1–2. pursuant to 16 U.S.C. 460kkk(g). The of the Final EIS. After the 30-day waiting period, the Bureau of Vanessa L. Hice, purpose of the Council is to advise and make recommendations to the Boston Reclamation will complete a Record of Assistant Field Manager, Las Vegas Field Decision (ROD) that will state the action Office. Harbor Islands Partnership with respect to the implementation of a management that will be implemented and discuss [FR Doc. 2015–29829 Filed 11–20–15; 8:45 am] plan and park operations. Efforts have all factors leading to the decision. BILLING CODE 4310–HC–P been made locally to ensure that the ADDRESSES: To request a compact disc interested public is aware of the meeting of the Final EIS, please contact Mr. Ben Nelson, Bureau of Reclamation, Bay- DEPARTMENT OF THE INTERIOR dates. Delta Office, 801 I Street, Suite 140, Alma Ripps, National Park Service Sacramento, CA 95814–2536; telephone Chief, Office of Policy. at (916) 414–2424; or via email at [NPS–NER–BOHA–19759; [FR Doc. 2015–29823 Filed 11–20–15; 8:45 am] [email protected]. The Final EIS may PPMPSPD1Z.YM0000] [PPNEBOHAS1] BILLING CODE 4310–EE–P be viewed at the Bureau of Reclamation’s Web site at http:// Boston Harbor Islands National _ Recreation Area Advisory Council www.usbr.gov/mp/nepa/nepa DEPARTMENT OF THE INTERIOR projdetails.cfm?Project_ID=21883, or at AGENCY: National Park Service, Interior. the following locations: Bureau of Reclamation ACTION: Notice of quarterly meeting. 1. Bureau of Reclamation, Bay-Delta [RR02800000, 15XR0680A1, Office, 800 I Street, Suite 140, SUMMARY: This notice announces a RX.1786894.60000000] Sacramento, CA 95814. quarterly meeting of the Boston Harbor 2. Bureau of Reclamation, Regional Islands National Recreation Area Notice of Availability of the Final Library, 2800 Cottage Way, Sacramento, Advisory Council (Council). The agenda Environmental Impact Statement for CA 95825. includes planning for the annual the Coordinated Long-Term Operation FOR FURTHER INFORMATION CONTACT: Mr. meeting, reactivation of the nominating of the Central Valley Project and State Ben Nelson, Bureau of Reclamation, via committee, report by park managers on Water Project email at [email protected], or at (916) the past season and their plans for next AGENCY: Bureau of Reclamation, 414–2424. season, and an update on plans for SUPPLEMENTARY INFORMATION: The celebrating the 10th anniversary of the Interior. ACTION: Notice. Central Valley Project (CVP) is the opening of Spectacle Island, the 20th largest Federal Reclamation project. The anniversary of the park, and the NPS SUMMARY: The Bureau of Reclamation Bureau of Reclamation operates the CVP Centennial and the Boston Light has made available the Final in coordination with the State Water Tricentennial in 2016. Environmental Impact Statement (EIS) Project (SWP), under the Coordinated DATES: December 9, 2015, 4:00 p.m. to on the impacts of implementing the Operation Agreement between the 6:00 p.m. (Eastern). 2008 U.S. Fish and Wildlife Service Federal Government and the State of ADDRESSES: National Park Service, 15 Biological Opinion and the 2009 California (authorized by Pub. L. 99– State Street, 2nd floor Conference Room, National Marine Fisheries Service 546). In August 2008, the Bureau of Boston, MA 02109. Biological Opinion, including the Reclamation submitted a biological FOR FURTHER INFORMATION CONTACT: Reasonable and Prudent Alternatives, assessment on the Coordinated Long- Giles Parker, Superintendent and for the Coordinated Long-Term Term Operation of the Central Valley Designated Federal Official, Boston Operation of the Central Valley Project Project and State Water Project (LTO) to Harbor Islands National Recreation and State Water Project. The preferred the U.S. Fish and Wildlife Service Area, 15 State Street, Suite 1100, alternative identified in the Final EIS (USFWS) and the National Marine Boston, MA 02109, telephone (617) will be to continue the operation of the Fisheries Service (NMFS) for

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consultation. Continued operation of the The No Action Alternative assumes fishing ocean harvest, and fish passage CVP and the SWP is needed to provide continuation of existing policy and through the Delta. river regulation; improvement of management direction through Year Alternative 4 was informed by navigation; flood control; water supply 2030, including implementation of the scoping comments from CVP and SWP for irrigation and domestic uses; fish RPAs included in the 2008 USFWS and water users. Alternative 4 is similar to and wildlife mitigation, protection, 2009 NMFS BOs. Many of the RPAs the Second Basis of Comparison and restoration, and enhancement; and were implemented prior to 2009 under power generation. The CVP and SWP other programs, such as the Central Alternative 1 because it generally does facilities are also operated to provide Valley Project Improvement Act, or are not include the RPA actions, but it recreation benefits and in accordance currently being implemented in includes provisions to reduce losses to with the water rights and water quality accordance with the 2008 USFWS and fish that use the Delta due to predation, requirements adopted by the State 2009 NMFS BOs. The Bureau of commercial and sport fishing ocean Water Resources Control Board. Reclamation has identified the No harvest, and fish passage through the In December 2008, the USFWS issued Action Alternative as the Preferred Delta. a Biological Opinion (BO) analyzing the Alternative in the Final EIS. Alternative 5 was informed by effects of the coordinated long-term In response to scoping comments, the scoping comments from environmental operation of the CVP and SWP on Delta Final EIS also includes a Second Basis interest groups. Alternative 5 includes Smelt and its designated critical habitat. of Comparison that assumes coordinated assumptions similar to the No Action In June 2009, NMFS issued a BO operation of the CVP and SWP as if the Alternative regarding the incorporation analyzing the effects of the coordinated 2008 USFWS and 2009 NMFS BOs had of RPA actions, with additional long-term operation of the CVP and not been implemented. Each action SWP on listed salmonids, green alternative is evaluated against both the provisions to provide for positive Old sturgeon and southern resident killer No Action Alternative and the Second and Middle River (OMR) flows and whale and their designated critical Basis of Comparison. The Second Basis increased Delta outflow from reduced habitats. The 2008 USFWS and 2009 of Comparison includes several actions exports in April and May; and modified NMFS BOs concluded that ‘‘. . . that were included in the RPAs of the operations for New Melones Reservoir. operation of the CVP and SWP, as 2008 USFWS and 2009 NMFS BOs and A Notice of Availability of the Draft proposed, was likely to jeopardize. . .’’ that would have occurred without the EIS was published in the Federal multiple listed species. Both the BOs, including projects that were being Register on July 31, 2015 (80 FR 45681). USFWS and NMFS Reasonable and initiated prior to 2009 (e.g., Red Bluff The comment period on the Draft EIS Prudent Alternatives (RPA) for CVP and Pumping Plant, Battle Creek Restoration ended on September 29, 2015. The Final SWP operations were designed to allow and Suisun Marsh Habitat Management, EIS contains responses to all comments the projects to continue operating Preservation, and Restoration Plan), received and reflects comments and any without causing jeopardy or adverse legislatively mandated projects (e.g., additional information received during modification. San Joaquin River Restoration Program), the review period. Several lawsuits were filed in the and projects with substantial progress United States District Court for the that would have occurred without Statutory Authority Eastern District of California (District implementation of the BOs. Court) challenging various aspects of the Alternative 1 was informed by NEPA [42 U.S.C. 4321 et seq.] requires USFWS and NMFS BOs and the Bureau scoping comments from CVP and SWP that Federal agencies conduct an of Reclamation’s provisional acceptance water users. Alternative 1 is identical to environmental analysis of their and implementation of the associated the Second Basis of Comparison and proposed actions to determine if the RPAs. The cases were consolidated into provides an opportunity to select an actions may significantly affect the two primary cases, one addressing the alternative with the same assumptions human environment. 2008 FWS BO and one addressing the as the Second Basis of Comparison as 2009 NMFS BO. In both cases, the Preferred Alternative. Public Disclosure Reclamation’s action of accepting and Alternative 2 is similar to the No Before including your name, address, implementing the BOs and RPAs was Action Alternative because it includes found to be a violation of NEPA. The the RPA actions, except for actions that phone number, email address or other Ninth Circuit affirmed this finding on consist of projects to be evaluated for personal identifying information in any appeal of the litigation challenging the future implementation. For example, correspondence, you should be aware 2008 FWS BO. The District Court Alternative 2 does not include fish that your entire correspondence— required the Bureau of Reclamation to passage programs to move fish from the including your personal identifying evaluate the 2008 and 2009 BOs under Sacramento River downstream of information—may be made publicly the National Environmental Policy Act Keswick Dam to the Sacramento River available at any time. While you can ask (NEPA). The Final EIS assesses the upstream of Shasta Dam. us in your correspondence to withhold environmental effects of five Alternative 3 was informed by your personal identifying information alternatives being considered as scoping comments from CVP and SWP from public review, we cannot compared to the No Action Alternative. water users. Alternative 3 is similar to guarantee that we will be able to do so. The No Action Alternative proposes the Second Basis of Comparison and Dated: October 8, 2015. management of the CVP and SWP with Alternative 1 because it generally does implementation of the 2008 and 2009 not include the RPA actions, but it Pablo R. Arroyave, BO RPAs. All alternatives consider includes additional restrictions on CVP Deputy Regional Director, Mid-Pacific Region. modifications to operational and SWP Delta exports to reduce [FR Doc. 2015–29719 Filed 11–20–15; 8:45 am] components from the 2008 USFWS and negative flows in the south Delta during BILLING CODE 4332–90–P the 2009 NMFS BO RPAs. All critical periods for aquatic resources. alternatives addressed continued Alternative 3 also includes provisions to operation of the CVP, in coordination reduce losses to fish that use the Delta with the SWP. due to predation, commercial and sport

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INTERNATIONAL TRADE and the sale within the United States desist order within a commercially COMMISSION after importation of certain woven reasonable time; and textile fabrics and products containing (v) explain how the requested Notice of Receipt of Complaint; same. The second amended complaint Solicitation of Comments Relating to remedial orders would impact United names as respondents AQ Textiles, LLC States consumers. the Public Interest of Greensboro, NC; Creative Textile Written submissions must be filed no AGENCY: Mills Pvt. Ltd. of India; Indo Count U.S. International Trade later than by close of business, eight Commission. Industries Ltd. of India; Indo Count Global, Inc. of New York, NY; GHCL calendar days after the date of ACTION: Notice. Limited of India; Grace Home Fashions publication of this notice in the Federal SUMMARY: Notice is hereby given that LLC of New York, NY; E & E Company, Register. There will be further the U.S. International Trade Ltd. of India; E & E Company, Ltd., opportunities for comment on the Commission has received a second d/b/a JLA Home of Fremont, CA; public interest after the issuance of any amended complaint entitled Certain Welspun Global Brands Ltd. of India; final initial determination in this Woven Textile Fabrics and Products Welspun USA Inc. of New York, NY; investigation. Containing Same, DN 3088; the Pradip Overseas, Ltd. of India; Elite Persons filing written submissions Commission is soliciting comments on Home Products, Inc. of Saddle Brook, must file the original document NJ; Pacific Coast Textiles, Inc. of Garden any public interest issues raised by the electronically on or before the deadlines second amended complaint or Grove, CA; Amrapur Overseas, Inc. of stated above and submit 8 true paper complainant’s filing under section Garden Grove, CA; and Westport copies to the Office of the Secretary by 210.8(b) of the Commission’s Rules of Linens, Inc. of New York, NY. The Practice and Procedure (19 CFR complainant requests that the noon the next day pursuant to section 210.8(b)). Commission issue a permanent general 210.4(f) of the Commission’s Rules of exclusion order, a permanent cease and Practice and Procedure (19 CFR FOR FURTHER INFORMATION CONTACT: Lisa 210.4(f)). Submissions should refer to R. Barton, Secretary to the Commission, desist order, and a bond upon the the docket number (‘‘Docket No. 3088’’) U.S. International Trade Commission, alleged infringing articles during the 60- in a prominent place on the cover page 500 E Street SW., Washington, DC day Presidential review period pursuant 20436, telephone (202) 205–2000. The to 19 U.S.C. 1337(j). and/or the first page. (See Handbook for public version of the second amended Proposed respondents, other Electronic Filing Procedures, Electronic 4 complaint can be accessed on the interested parties, and members of the Filing Procedures ). Persons with Commission’s Electronic Document public are invited to file comments, not questions regarding filing should Information System (EDIS) at EDIS,1 and to exceed five (5) pages in length, contact the Secretary (202–205–2000). will be available for inspection during inclusive of attachments, on any public Any person desiring to submit a official business hours (8:45 a.m. to 5:15 interest issues raised by the second document to the Commission in p.m.) in the Office of the Secretary, U.S. amended complaint or section 210.8(b) confidence must request confidential International Trade Commission, 500 E filing. Comments should address treatment. All such requests should be Street SW., Washington, DC 20436, whether issuance of the relief directed to the Secretary to the specifically requested by the telephone (202) 205–2000. Commission and must include a full General information concerning the complainant in this investigation would statement of the reasons why the Commission may also be obtained by affect the public health and welfare in Commission should grant such accessing its Internet server at United the United States, competitive States International Trade Commission conditions in the United States treatment. See 19 CFR 201.6. Documents (USITC) at USITC.2 The public record economy, the production of like or for which confidential treatment by the for this investigation may be viewed on directly competitive articles in the Commission is properly sought will be the Commission’s Electronic Document United States, or United States treated accordingly. All nonconfidential Information System (EDIS) at EDIS.3 consumers. written submissions will be available for Hearing-impaired persons are advised In particular, the Commission is public inspection at the Office of the that information on this matter can be interested in comments that: Secretary and on EDIS.5 obtained by contacting the (i) Explain how the articles This action is taken under the Commission’s TDD terminal on (202) potentially subject to the requested authority of section 337 of the Tariff Act 205–1810. remedial orders are used in the United of 1930, as amended (19 U.S.C. 1337), SUPPLEMENTARY INFORMATION: The States; and of sections 201.10 and 210.8(c) of Commission has received a second (ii) identify any public health, safety, the Commission’s Rules of Practice and amended complaint and a submission or welfare concerns in the United States Procedure (19 CFR 201.10, 210.8(c)). pursuant to section 210.8(b) of the relating to the requested remedial Commission’s Rules of Practice and orders; By order of the Commission. Procedure filed on behalf of AAVN, Inc. (iii) identify like or directly Issued: November 17, 2015. on November 12, 2015. The second competitive articles that complainant, Lisa R. Barton, amended complaint alleges violations of its licensees, or third parties make in the Secretary to the Commission. section 337 of the Tariff Act of 1930 (19 United States which could replace the [FR Doc. 2015–29700 Filed 11–20–15; 8:45 am] U.S.C. 1337) in the importation into the subject articles if they were to be BILLING CODE 7020–02–P United States, the sale for importation, excluded; (iv) indicate whether complainant, 1 Electronic Document Information System complainant’s licensees, and/or third (EDIS): http://edis.usitc.gov. 4 Handbook for Electronic Filing Procedures: party suppliers have the capacity to _ _ 2 United States International Trade Commission http://www.usitc.gov/secretary/fed reg notices/ (USITC): http://edis.usitc.gov. replace the volume of articles rules/handbook_on_electronic_filing.pdf. 3 Electronic Document Information System potentially subject to the requested 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. exclusion order and/or a cease and (EDIS): http://edis.usitc.gov.

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INTERNATIONAL TRADE importation of certain arrowheads with final initial determination in this COMMISSION deploying blades and components investigation. thereof. The complaint names as Persons filing written submissions Notice of Receipt of Complaint; respondents Linyi Junxing Sports must file the original document Solicitation of Comments Relating to Equipment Co., Ltd. of China; Ningbo electronically on or before the deadlines the Public Interest Faith Sports Co., Ltd. of China; Ningbo stated above and submit 8 true paper Forever Best Import & Export Co., Ltd. AGENCY: U.S. International Trade copies to the Office of the Secretary by Commission. of China; Ningbo Linkboy Outdoor noon the next day pursuant to section Sports Co., Ltd. of China; Shenzhen 210.4(f) of the Commission’s Rules of ACTION: Notice. Zowaysoon Trading Company Ltd. of Practice and Procedure (19 CFR SUMMARY: Notice is hereby given that China; Xiamen Xinhongyou Industrial 210.4(f)). Submissions should refer to the U.S. International Trade Trade Co. Ltd of China; Xiamen the docket number (‘‘Docket No. 3101’’) Commission has received a complaint Zhongxinyuan Industry & Trade Ltd. of in a prominent place on the cover page entitled Certain Arrowheads with China; Zhengzhou IRQ Trading Limited and/or the first page. (See Handbook for Deploying Blades and Components Company of China; and Zhengzhou Electronic Filing Procedures, Electronic Thereof, DN 3101; the Commission is Paiao Trade Co., Ltd. of China. The Filing Procedures 4). Persons with soliciting comments on any public complainant requests that the questions regarding filing should interest issues raised by the complaint Commission issue a general exclusion contact the Secretary (202–205–2000). or complainant’s filing under section order and a cease and desist orders. Any person desiring to submit a 210.8(b) of the Commission’s Rules of Proposed respondents, other document to the Commission in Practice and Procedure (19 CFR interested parties, and members of the confidence must request confidential 210.8(b)). public are invited to file comments, not treatment. All such requests should be to exceed five (5) pages in length, FOR FURTHER INFORMATION CONTACT: Lisa directed to the Secretary to the inclusive of attachments, on any public Commission and must include a full R. Barton, Secretary to the Commission, interest issues raised by the complaint U.S. International Trade Commission, statement of the reasons why the or section 210.8(b) filing. Comments 500 E Street SW., Washington, DC Commission should grant such should address whether issuance of the 20436, telephone (202) 205–2000. The treatment. See 19 CFR 201.6. Documents relief specifically requested by the public version of the complaint can be for which confidential treatment by the complainant in this investigation would accessed on the Commission’s Commission is properly sought will be affect the public health and welfare in Electronic Document Information treated accordingly. All nonconfidential the United States, competitive System (EDIS) at EDIS,1 and will be written submissions will be available for conditions in the United States available for inspection during official public inspection at the Office of the economy, the production of like or 5 business hours (8:45 a.m. to 5:15 p.m.) Secretary and on EDIS. directly competitive articles in the in the Office of the Secretary, U.S. This action is taken under the International Trade Commission, 500 E United States, or United States authority of section 337 of the Tariff Act Street SW., Washington, DC 20436, consumers. of 1930, as amended (19 U.S.C. 1337), In particular, the Commission is telephone (202) 205–2000. and of sections 201.10 and 210.8(c) of General information concerning the interested in comments that: the Commission’s Rules of Practice and (i) explain how the articles potentially Commission may also be obtained by Procedure (19 CFR 201.10, 210.8(c)). subject to the requested remedial orders accessing its Internet server at United are used in the United States; By order of the Commission. States International Trade Commission (ii) identify any public health, safety, Issued: November 17, 2015. (USITC) at USITC.2 The public record or welfare concerns in the United States Lisa R. Barton, for this investigation may be viewed on relating to the requested remedial Secretary to the Commission. the Commission’s Electronic Document orders; Information System (EDIS) at EDIS.3 [FR Doc. 2015–29742 Filed 11–20–15; 8:45 am] (iii) identify like or directly BILLING CODE 7020–02–P Hearing-impaired persons are advised competitive articles that complainant, that information on this matter can be its licensees, or third parties make in the obtained by contacting the United States which could replace the DEPARTMENT OF LABOR Commission’s TDD terminal on (202) subject articles if they were to be 205–1810. excluded; Employee Benefits Security SUPPLEMENTARY INFORMATION: The (iv) indicate whether complainant, Administration Commission has received a complaint complainant’s licensees, and/or third and a submission pursuant to section party suppliers have the capacity to Proposed Extension of Information 210.8(b) of the Commission’s Rules of replace the volume of articles Collection Requests Submitted for Practice and Procedure filed on behalf potentially subject to the requested Public Comment of FeraDyne Outdoors LLC and Out exclusion order and/or a cease and RAGE LLC on November 17, 2015. The desist order within a commercially AGENCY: Employee Benefits Security complaint alleges violations of section reasonable time; and Administration, Department of Labor. 337 of the Tariff Act of 1930 (19 U.S.C. (v) explain how the requested ACTION: Notice. 1337) in the importation into the United remedial orders would impact United States, the sale for importation, and the States consumers. SUMMARY: The Department of Labor (the sale within the United States after Written submissions must be filed no Department), in accordance with the later than by close of business, eight Paperwork Reduction Act of 1995 (PRA 1 Electronic Document Information System calendar days after the date of (EDIS): http://edis.usitc.gov. publication of this notice in Federal 4 Handbook for Electronic Filing Procedures: 2 United States International Trade Commission http://www.usitc.gov/secretary/fed_reg_notices/ (USITC): http://edis.usitc.gov. Register. There will be further rules/handbook_on_electronic_filing.pdf. 3 Electronic Document Information System opportunities for comment on the 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. public interest after the issuance of any (EDIS): http://edis.usitc.gov.

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95) (44 U.S.C. 3506(c)(2)(A)), provides Description: This ICR covers 1210–0058. The current approval is the general public and Federal agencies information collections contained in scheduled to expire on February 29, with an opportunity to comment on three related prohibited transaction 2016. proposed and continuing collections of class exemptions: PTE 76–1, PTE 77–10, Agency: Employee Benefits Security information. This helps the Department and PTE 78–6. All three of these Administration, Department of Labor. assess the impact of its information exemptions cover transactions that were Title: HIPAA Notice of Enrollment collection requirements and minimize recognized by the Department as being Rights. the public’s reporting burden. It also well-established, reasonable, and Type of Review: Extension of a helps the public understand the customary transactions in which currently approved information Department’s information collection collectively bargained multiple collection. requirements and provide the requested employer plans (principally, OMB Number: 1210–0101. data in the desired format. The multiemployer plans, but also including Affected Public: Businesses or other Employee Benefits Security other collectively bargained multiple for-profits, not-for-profit institutions. Administration (EBSA) is soliciting employer plans) frequently engage in Respondents: 2,283,712. comments on the proposed extension of order to carry out their purposes. Responses: 3,636,426. the information collection requests PTE 76–1 provides relief, under Estimated Total Burden Hours: 1. (ICRs) contained in the documents specified conditions, for three types of Estimated Total Burden Cost described below. A copy of the ICRs transactions: (1) Part A of PTE 76–1 (Operating and Maintenance): $65,000. may be obtained by contacting the office permits collectively bargained multiple Description: Subsection (c) of 29 CFR listed in the ADDRESSES section of this employer plans to take several types of 2590.701–6 requires group health plans notice. ICRs also are available at actions regarding delinquent or to provide a notice describing the plan’s reginfo.gov (http://www.reginfo.gov/ uncollectible employer contributions; special enrollment rules to each public/do/PRAMain). (2) Part B of PTE 76–1 permits employee who is offered an initial collectively bargained multiple opportunity to enroll in the group DATES: Written comments must be employer plans, under specified health plan. The special enrollment submitted to the office shown in the conditions, to make construction loans rules described in the notice of special Addresses section on or before January to participating employers; and (3) Part enrollment generally provide 22, 2016. C of PTE 76–1 permits collectively enrollment rights to employees and ADDRESSES: G. Christopher Cosby, bargained multiple employer plans to their dependents in specified Department of Labor, Employee Benefits share office space and administrative circumstances occurring after the Security Administration, 200 services, and the costs associated with employee or dependent initially Constitution Avenue NW., Room N– such office space and services, with declines to enroll in the plan. EBSA 5718, Washington, DC 20210, parties in interest. PTE 77–10 previously submitted an ICR concerning [email protected], (202) 693–8410, complements Part C of PTE 76–1 by the notice of special enrollment to OMB FAX (202) 693–4745 (these are not toll- providing relief from the prohibitions of for review under the PRA and received free numbers). subsection 406(b)(2) of ERISA with approval under OMB Control No. 1210– SUPPLEMENTARY INFORMATION: This respect to collectively bargained 0101. The current ICR approval is notice requests public comment on the multiple employer plans sharing office scheduled to expire on February 29, Department’s request for extension of space and administrative services with 2016. the Office of Management and Budget’s parties in interest if specific conditions Agency: Employee Benefits Security (OMB) approval of ICRs contained in are met. PTE 78–6 provides an Administration, Department of Labor. the rules and prohibited transactions exemption to collectively bargained Title: Annual Report for Multiple described below. The Department is not multiple employer apprenticeship plans Employer Welfare Arrangements (Form proposing any changes to the existing for the purchase or leasing of personal M–1). ICRs at this time. An agency may not property from a contributing employer Type of Review: Extension of a conduct or sponsor, and a person is not (or its wholly owned subsidiary) and for currently approved collection of required to respond to, an information the leasing of real property (other than information. collection unless it displays a valid office space within the contemplation of OMB Number: 1210–0116. OMB control number. A summary of the section 408(b)(2) of ERISA) from a Affected Public: Businesses or other ICRs and the current burden estimates contributing employer (or its wholly for-profits, not-for-profit institutions. follows: owned subsidiary) or an employee Respondents: 484. Agency: Employee Benefits Security organization any of whose members’ Responses: 484. Administration, Department of Labor. work results in contributions being Estimated Total Burden Hours: 130. Title: Prohibited Transaction Class made to the plan. Estimated Total Burden Cost Exemptions for Multiple Employer Each of these PTEs requires, as part of (Operating and Maintenance): $91,996. Plans and Multiple Employer its conditions, either written Description: The Health Insurance Apprenticeship Plans, PTE 76–1, PTE agreements, recordkeeping, or both. The Portability and Accountability Act of 77–10, PTE 78–6. Department has combined the 1996 (HIPAA), codified as Part 7 of Title Type of Review: Extension of a information collection provisions of the I of the Employee Retirement Security currently approved collection of three PTEs into one ICR because it Act of 1974 (ERISA), was enacted to information. believes that the public benefits from improve the portability and continuity OMB Number: 1210–0058. having the opportunity to collectively of health care coverage for participants Affected Public: Businesses or other review these closely related exemptions and beneficiaries of group health plans. for-profits, not-for-profit institutions. and their similar information In the interest of assuring compliance Respondents: 5,718. collections. The Department previously with Part 7, section 101(g) of ERISA, Responses: 5,718. submitted an ICR to OMB for approval added by HIPAA, further permits the Estimated Total Burden Hours: 1,430. of the information collections in PTEs Secretary of Labor (the Secretary) to Estimated Total Burden Cost 76–1, 77–10, and 78–6 and received require multiple employer welfare (Operating and Maintenance): $0. OMB approval under OMB Control No. arrangements (MEWAs), as defined in

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section 3(40) of ERISA, to report to the issuance of a cease and desist order may comment relates only to Part B of the Secretary in such form and manner as request an administrative hearing NMSN, which was promulgated by the the Secretary might determine. The regarding the order. This request for an Department. In connection with Department published a final rule administrative hearing is an information promulgation of Part B of the NMSN, providing for such reporting on an collection under the Paperwork the Department submitted an ICR to annual basis, together with a form (Form Reduction Act. OMB for review, and OMB approved the M–1) to be used by MEWAs for the The Department previously submitted information collections contained in annual report. The reporting this information collection to OMB in Part B under OMB control number requirement enables the Secretary to an ICR that was approved under OMB 1210–0113. OMB’s current approval of determine whether the requirements of Control Number 1210–0148. The current this ICR is scheduled to expire on Part 7 of ERISA are being carried out. approval is scheduled to expire on March 31, 2016. The Patient Protection and Affordable February 29, 2016. Agency: Employee Benefits Security Care Act (Pub. L. 111–148, 124 Stat. Agency: Employee Benefits Security Administration, Department of Labor. 119) and the Health Care and Education Administration, Department of Labor. Title: Securities Lending by Employee Reconciliation Act of 2010 (Pub. L.111– Title: National Medical Support Benefit Plans (PTE 2006–16). 152, 124 Stat. 1029) (these are Notice—Part B. Type of Review: Extension of a collectively known as the ‘‘Affordable Type of Review: Extension of a currently approved collection of Care Act’’) amended section 101(g) of currently approved collection of information. ERISA. Under this amendment, MEWAs information. OMB Number: 1210–0065. providing benefits consisting of medical OMB Number: 1210–0113. Affected Public: Businesses or other care (within the meaning of section Affected Public: Businesses or other for-profits, Not-for-profit institutions. 733(a)(2) of ERISA, 29 U.S.C. for-profits. Respondents: 85. Respondents: 492,000. 1191b(a)(2)), which are not group health Responses: 850. Responses: 12,400,000. Estimated Total Burden Hours: 163. plans must now register with the Estimated Total Burden Hours: Estimated Total Burden Cost Secretary prior to operating in a State. 1,000,000. (Operating and Maintenance): $4,943. EBSA previously submitted an ICR for Estimated Total Burden Cost Description: This ICR covers the information collection in Form M– (Operating and Maintenance): information collections contained in 1 to OMB for review under the PRA and $6,800,000. PTE 2006–16. In 1981 and 1982, the received approval under OMB control Description: Section 609(a) of ERISA, Department issued two related number 1210–0116. This current requires each group health plan, as prohibited transaction class exemptions, approval is scheduled to expire on defined in ERISA section 607(1), to PTE 81–6 and PTE 82–63, that permit February 29, 2016. provide benefits in accordance with the employee benefit plans to lend Agency: Employee Benefits Security applicable requirements of any securities owned by the plans as Administration, Department of Labor. ‘‘qualified medical child support order’’ Title: MEWA ALJ Administrative investments to banks and broker-dealers (QMCSO). A QMCSO is, generally, an Hearing Procedures. and to make compensation order issued by a state court or other Type of Review: Extension of a arrangements for lending services competent state authority that requires a currently approved collection of provided by a plan fiduciary in group health plan to provide group information. connection with securities loans. In OMB Number: 1210–0148. health coverage to a child or children of 2006, the Department promulgated PTE Affected Public: Businesses or other an employee eligible for coverage under 2006–16, which combines and amends for-profits. the plan. In accordance with the exemptions previously provided Respondents: 10. Congressional directives contained in under PTE 81–6 and PTE 82–63. The Responses: 10. the Child Support Performance and new exemption expands the categories Estimated Total Burden Hours: 20. Incentive Act of 1998 (CSPIA), EBSA of exempted transactions to include Estimated Total Burden Cost and the Federal Office of Child Support securities lending to foreign banks and (Operating and Maintenance): $548,900. Enforcement (OCSE) in the Department broker-dealers that are domiciled in Description: Congress enacted section of Health and Human Services (HHS) specified countries and to allow the use 6605 of the Affordable Care Act, Public cooperated in the development of of additional forms of collateral, all Law 111–148, 124 Stat. 119, 780 (2010), regulations to create a National Medical subject to specified conditions. which adds section 521 to ERISA, to Support Notice (NMSN or Notice). The Among other conditions, the class give the Secretary additional Notice simplifies the issuance and exemption requires a bank or broker- enforcement authority to protect plan processing of qualified medical child dealer that borrows securities from a participants, beneficiaries, employees or support orders issued by state child plan to provide the plan with its most employee organizations, or other support enforcement agencies, provides recent audited financial statement. The members of the public against for standardized communication borrower must also affirm, when the fraudulent, abusive, or financially between state agencies, employers, and loan is negotiated, that there has been hazardous Multiple Employer Welfare plan administrators, and creates a no material adverse change in its Arrangements (MEWAs). This section uniform and streamlined process for financial condition since the previously authorizes the Secretary to issue ex enforcement of medical child support audited statement. parte cease and desist orders when it obligations ordered by state child The exemption also requires the appears to the Secretary that the alleged support enforcement agencies. The agreements regarding the securities loan conduct of a MEWA is ‘‘fraudulent, or NMSN comprises two parts: Part A was transaction or transactions and the creates an immediate danger to the promulgated by HHS and pertains to compensation arrangement for the public safety or welfare, or is causing or state child support enforcement lending fiduciary to be contained in can be reasonably expected to cause agencies and employers; Part B was written documents. Individual significant, imminent, and irreparable promulgated by the Department and agreements are not required for each public injury.’’ 29 U.S.C. 1151(a). A pertains to plan administrators pursuant transaction; rather the compensation person that is adversely affected by the to ERISA. This solicitation of public agreement may be made in the form of

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a master agreement covering a series of participants, beneficiaries, employee Type of Review: Extension of a transactions. The ICRs contained in PTE representatives and contributing currently approved collection of 2006–16 were approved by OMB under employers upon request. The rule information. OMB Control No. 1210–0065, which affects plan administrators, participants OMB Number: 1210–0053. currently is scheduled to expire on May and beneficiaries and contributing Affected Public: Businesses or other 31, 2016. employers of multiemployer plans. The for-profits, Not-for-profit institutions. Agency: Employee Benefits Security Department previously submitted an Respondents: 5,770,307. Administration, Department of Labor. ICR to OMB for approval of this Responses: 333,612,550. Title: Employee Retirement Income information collection and received Estimated Total Burden Hours: Security Act of 1974 Investment OMB approval under OMB Control No. 523,000. Manager Electronic Registration. 1210–0131. The current approval is Estimated Total Burden Cost Type of Review: Extension of a scheduled to expire on May 31, 2016. (Operating and Maintenance): currently approved collection of Agency: Employee Benefits Security $568,700,000. information. Administration, Department of Labor. Description: Section 503 of ERISA OMB Number: 1210–0125. Title: Summary Plan Description requires each employee benefit plan to Affected Public: Businesses or other Requirements Under the Employee provide, pursuant to regulations for-profits, Not-for-profit institutions. Retirement Income Security Act of 1974, promulgated by the Secretary of Labor, Respondents: 15. as Amended. notice in writing to any participant or Responses: 15. Type of Review: Extension of a beneficiary whose claim for benefits Estimated Total Burden Hours: 18. currently approved collection of under the plan has been denied. The Estimated Total Burden Cost information. notice must set forth the specific (Operating and Maintenance): $1,040. OMB Number: 1210–0039. reasons for the denial and must be Description: Section 3(38)(B) of ERISA written in a manner calculated to be Affected Public: Businesses or other imposes certain registration understood by the claimant. Plans must for-profits, Not-for-profit institutions. requirements on an investment adviser also give a participant or beneficiary Respondents: 2,984,011. that wishes to be considered an whose claim has been denied a Responses: 106,376,000. investment manager under ERISA. In reasonable opportunity to obtain a full Estimated Total Burden Hours: 1997, section 3(38) was amended to and fair review of any benefit claim 260,000. permit advisers to satisfy the denial by the appropriate named Estimated Total Burden Cost registration requirements by registering fiduciary. electronically with the Investment (Operating and Maintenance): The Department issued a regulation Adviser Registration Depository (IARD) $295,771,000. pertaining to benefit claims procedures established and maintained by the Description: Section 104(b) of ERISA in 1977 and amended that regulation in Securities Exchange Commission (SEC). requires the administrator of an a Notice of Final Rulemaking (NFRM) The Department promulgated a final employee benefit plan to furnish plan published on November 21, 2000 (65 FR regulation (69 FR 52120, Aug. 24, 2004) participants and certain beneficiaries 70246). The regulation pertaining to to implement the statutory change. The with a Summary Plan Description (SPD) benefit claims procedures is codified at final regulation is codified at 29 CFR that describes, in language 29 CFR 2560.503–1. The regulation 2510.3–38. EBSA submitted an ICR understandable to an average plan requires plans to establish reasonable requesting OMB approval of the participant, the benefits, rights, and claims procedures that meet specified information collection contained in 29 obligations of participants in the plan. standards governing the timing and CFR 2510.3–38, and OMB approved the The information required to be content of notices and disclosures. information collection under OMB contained in the SPD is set forth in EBSA submitted an ICR for the control number 1210–0125. The current section 102(b) of ERISA. To the extent information collections in 29 CFR approval is scheduled to expire on May there is a material modification in the 2560.503–1 to OMB for review and 31, 2016. terms of the plan or a change in the clearance in connection with Agency: Employee Benefits Security required content of the SPD, section publication of the NFRM, and OMB Administration, Department of Labor. 104(b)(1) of ERISA requires the plan approved the information collections Title: Access to Multiemployer Plan administrator to furnish participants under OMB control number 1210–0053. Information. and specified beneficiaries with a That current approval is scheduled to Type of Review: Extension of a summary of material modifications expire on July 31, 2016. currently approved collection of (SMM) or summary of material Agency: Employee Benefits Security information. reductions (SMR). The Department has Administration, Department of Labor. OMB Number: 1210–0131. issued regulations providing guidance Title: PTE 80–83—Sale of Securities Affected Public: Not-for-profit on compliance with the requirements to To Reduce Indebtedness of Party in institutions, Businesses or other for- furnish SPDs, SMMs, and SMRs. These Interest. profits. regulations, which are codified at 29 Type of Review: Extension of a Respondents: 2,826. CFR 2520.102–2, 102–3, and 29 CFR currently approved collection of Responses: 445,000. 104b–2 and 104b–3, contain information information. Estimated Total Burden Hours: collections for which the Department OMB Number: 1210–0064. 32,800. has obtained OMB approval under OMB Affected Public: Businesses or other Estimated Total Burden Cost Control No. 1210–0039. The current for-profits. (Operating and Maintenance): $526,000. approval is scheduled to expire on June Respondents: 25. Description: Section 101(k) of ERISA, 30, 2016. Responses: 25. as amended by the Pension Protection Agency: Employee Benefits Security Estimated Total Burden Hours: 15. Act of 2006 requires the administrator of Administration, Department of Labor. Estimated Total Burden Cost a multiemployer plan to provide copies Title: Employee Benefit Plan Claims (Operating and Maintenance): $0. of certain actuarial and financial Procedure Under the Employee Description: PTE 80–83 provides an documents about the plan to Retirement Income Security Act. exemption from certain prohibited

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transaction provisions of ERISA and Title: Prohibited Transaction Class criteria rules are not subject to state law. from certain taxes imposed by the Exemption 88–59, Residential Mortgage Among other requirements, the Internal Revenue Code of 1986 (Code) Financing Arrangements Involving procedural rules require submission of a for transactions in which an employee Employee Benefit Plans. petition and affidavits by parties seeking benefit plan purchases securities when Type of Review: Extension of a a finding. The Department has obtained the proceeds from such purchase may currently approved collection of approval from OMB, under OMB be used to reduce or retire a debt owed information. Control No. 1210–0119, for the by a party in interest with respect to OMB Number: 1210–0095. information collections contained in its such plan, provided that specified Affected Public: Businesses or other rules for a finding under section 3(40). conditions are met. Among other for-profits, Not-for-profit institutions. The current approval is scheduled to conditions, PTE 80–83 requires that Respondents: 2,187. expire on July 31, 2016. adequate records pertaining to an Responses: 10,936. Agency: Employee Benefits Security exempted transaction be maintained for Estimated Total Burden Hours: 911. Administration, Department of Labor. six years. The Department has received Estimated Total Burden Cost Title: Plan Asset Transactions approval from OMB for this ICR under (Operating and Maintenance): $0. Determined by Independent Qualified OMB Control No. 1210–0064. The Description: PTE 88–59 provides an Professional Asset Managers under current approval is scheduled to expire exemption from certain prohibited Prohibited Transaction Exemption 84– on July 31, 2016. transaction provisions of ERISA and 14. Agency: Employee Benefits Security from certain taxes imposed by the Code Type of Review: Extension of a Administration, Department of Labor. for transactions in which an employee currently approved collection of Title: Prohibited Transaction Class benefit plan provides mortgage information. Exemption 75–1, Security Transactions financing to purchasers of residential OMB Number: 1210–0128. With Broker-Dealers, Reporting Dealers, dwelling units, provided specified Affected Public: Businesses or other and Banks. conditions are met. Among other for-profits. Type of Review: Extension of a conditions, PTE 88–59 requires that Respondents: 5,100. currently approved collection of adequate records pertaining to Responses: 5,151. information. exempted transactions be maintained Estimated Total Burden Hours: OMB Number: 1210–0092. for the duration of the pertinent loan. 122,438. Affected Public: Businesses or other This recordkeeping requirement Estimated Total Burden Cost for-profits. constitutes an information collection (Operating and Maintenance): Respondents: 7,492. within the meaning of the PRA, for $51,000,000. Responses: 7,492. which the Department has obtained Description: PTE 84–14, a class Estimated Total Burden Hours: 1,249. approval from the Office of Management exemption that permits various parties Estimated Total Burden Cost and Budget (OMB) under OMB Control that are related to employee benefit (Operating and Maintenance): $0. No. 1210–0095. The OMB approval is plans to engage in transactions Description: PTE 75–1 provides currently scheduled to expire on July involving plan assets if, among other exemptions from certain prohibited 31, 2016. conditions, the assets are managed by transaction provisions of ERISA, and the Agency: Employee Benefits Security ‘‘qualified professional asset managers’’ Code for specified types of transactions Administration, Department of Labor. (QPAMs) that are independent of the between employee benefit plans and Title: Petition for Finding Under parties in interest and which meet broker-dealers, reporting dealers and Employee Retirement Income Security specified financial standards. The banks relating to securities purchases Act Section 3(40). exemption provides additional and sales, provided specified conditions Type of Review: Extension of a exemptive relief for employers to are met. The exempted transactions currently approved collection of furnish limited amounts of goods and include an employee benefit plan’s information. services to a managed fund in the purchase of securities from broker- OMB Number: 1210–0119. ordinary course of business. Limited dealers’ inventories of stocks, from Affected Public: Businesses or other relief also is provided for leases of office underwriting syndicates in which a plan for-profits, Not-for-profit institutions. or commercial space between managed fiduciary is a member, from banks, from Respondents: 10. funds and QPAMs or contributing reporting dealers, and from a market- Responses: 10. employers. Finally, relief is provided for maker even if a market-maker is a plan Estimated Total Burden Hours: 50. transactions involving places of public fiduciary. The exempted transactions Estimated Total Burden Cost accommodation owned by a managed also include, under certain conditions, a (Operating and Maintenance): $38,454. fund. QPAMs are permitted to manage plan’s accepting an extension of credit Description: Rules codified beginning an investment fund containing the from a broker-dealer for the purpose of at 29 CFR 2570.150 set forth an assets of the QPAM’s own plan or an facilitating settlement of a securities administrative procedure (‘‘procedural affiliate’s plan. transaction. Among other conditions, rules’’) for obtaining a determination by The Department has obtained PTE 75–1 requires that a party seeking the Department as to whether a approval for the information collections to rely on the exemption with respect to particular employee benefit plan is from OMB under OMB Control No. a transaction maintain adequate records established or maintained under or 1210–0128. The current approval is of the transaction for a period of six pursuant to one or more collective scheduled to expire on July 31, 2016. years. The Department has obtained bargaining agreements for purposes of Agency: Employee Benefits Security approval from the OMB for this section 3(40) of ERISA. These Administration, Department of Labor. information collection under OMB procedural rules concern specific Title: Statutory Exemption for Cross- Control No. 1210–0092. The current criteria set forth in 29 CFR 2510.3–40 Trading of Securities. approval is scheduled to expire on July (‘‘criteria rules’’), which, if met, Type of Review: Extension of a 31, 2016. constitute a finding by the Department currently approved collection of Agency: Employee Benefits Security that a plan is collectively bargained. information. Administration, Department of Labor. Plans that meet the requirements of the OMB Number: 1210–0130.

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Affected Public: Businesses or other included in the Proposed Amendment DATES: Monday, December 14, 2015, for-profits, Not-for-profit institutions. to PTE 96–23 for Plan Asset 3:30 p.m. to 3:45 p.m., Eastern Standard Respondents: 315. Transactions Determined by In-House Time. Responses: 2,834. Asset Managers to OMB for review and FOR FURTHER INFORMATION CONTACT: Ms. Estimated Total Burden Hours: 3,290. clearance at the time the Notice of the Carol Hamilton, Aerospace Safety Estimated Total Burden Cost proposed exemption was published in Advisory Panel Interim Executive (Operating and Maintenance): $14,000. the Federal Register (June 14, 2010, 75 Director, NASA Headquarters, Description: The Interim Final Rule FR 33642). OMB most recently Washington, DC 20546, (202) 358–1857, on Statutory Exemption for Cross- approved the amendment under OMB or email at [email protected]. Trading of Securities implements the control number 1210–0145, on July 26, SUPPLEMENTARY INFORMATION: content requirements for the written The 2013. The current approval will expire Aerospace Safety Advisory Panel cross-trading policies and procedures on July 31, 2016. required under section 408(b)(19)(H) of (ASAP) will hold a brief meeting via ERISA, as added by section 611(g) of the II. Focus of Comments teleconference. This discussion is pursuant to carrying out its statutory Pension Protection Act of 2006, Public The Department is particularly Law 109–280 (PPA). Section 611(g)(1) of duties for which the Panel reviews, interested in comments that: identifies, evaluates, and advises on the PPA created a new statutory • Evaluate whether the collections of exemption, added to section 408(b) of those program activities, systems, information are necessary for the proper procedures, and management activities ERISA as subsection 408(b)(19), that performance of the functions of the exempts from the prohibitions of that can contribute to program risk. agency, including whether the Priority is given to those programs that sections 406(a)(1)(A) and 406(b)(2) of information will have practical utility; ERISA those cross-trading transactions • involve the safety of human flight. The Evaluate the accuracy of the agenda will include: involving the purchase and sale of a agency’s estimate of the collections of • security between an account holding Discussion on possible ASAP information, including the validity of Recommendation(s) for the 2015 ASAP assets of a pension plan and any other the methodology and assumptions used; account managed by the same • Annual Report. Enhance the quality, utility, and This meeting is open to the public investment manager, provided that clarity of the information to be telephonically. Any interested person certain conditions are satisfied. Section collected; and may call the USA toll free conference 611(g)(3) of the PPA further directed the • Minimize the burden of the call number (800) 857–5746; passcode Secretary to issue regulations, within collection of information on those who 4124668. Attendees will be required to 180 days after enactment, regarding the are to respond, including through the give their name and affiliation at the content of the policies and procedures use of appropriate automated, beginning of the teleconference. Note: to be adopted by an investment manager electronic, mechanical, or other please ‘‘mute’’ your telephone. It is to satisfy the conditions of the new technological collection techniques or imperative that the meeting be held on statutory exemption. other forms of information technology, this date to accommodate the The Department issued a final cross- e.g., by permitting electronic trading regulation on October 7, 2008. scheduling priorities of the key submissions of responses. participants. The recordkeeping requirement in the Comments submitted in response to regulation constitutes an information this notice will be summarized and/or Patricia D. Rausch, collection within the meaning of the included in the ICRs for OMB approval Advisory Committee Management Officer, PRA, for which the Department has of the extension of the information National Aeronautics and Space obtained approval from OMB under collection; they will also become a Administration. OMB Control No. 1210–0130. The matter of public record. [FR Doc. 2015–29767 Filed 11–20–15; 8:45 am] current approval is scheduled to expire BILLING CODE 7510–13–P on July 31, 2016. Joseph S. Piacentini, Agency: Employee Benefits Security Director, Office of Policy and Research, Employee Benefits Security Administration. Administration, Department of Labor. NUCLEAR REGULATORY Title: Plan Asset Transactions [FR Doc. 2015–29746 Filed 11–20–15; 8:45 am] COMMISSION Determined by In-House Asset Managers BILLING CODE 4510–29–P under Prohibited Transaction Class Advisory Committee on Reactor Exemption 96–23. Safeguards (ACRS); Meeting of the Type of Review: Extension of a NATIONAL AERONAUTICS AND ACRS Subcommittee on Reliability and currently approved collection of SPACE ADMINISTRATION Probabilistic Risk Assessment; Notice information. of Meeting OMB Number: 1210–0145. [Notice: (15–110)] Affected Public: Businesses or other The ACRS Subcommittee on for-profits. NASA Aerospace Safety Advisory Reliability and Probabilistic Risk Respondents: 40. Panel; Meeting Assessment will hold a meeting on Responses: 20. December 1, 2015, Room T–2B1, 11545 Estimated Total Burden Hours: 940. AGENCY: National Aeronautics and Rockville Pike, Rockville, Maryland. Estimated Total Burden Cost Space Administration (NASA). The meeting will be open to public (Operating and Maintenance): $400,000. ACTION: Notice of Meeting. attendance. Description: PTE 96–23, a class The agenda for the subject meeting exemption, permits various transactions SUMMARY: In accordance with the shall be as follows: involving employee benefit plans whose Federal Advisory Committee Act, Public assets are managed by in-house asset Law 92–463, as amended, the National Tuesday, December 1, 2015—8:30 a.m. managers (INHAMs), provided the Aeronautics and Space Administration Until 5:00 p.m. conditions of the exemption are met. announces a forthcoming meeting of the The Subcommittee will hold a The Department submitted the ICR Aerospace Safety Advisory Panel. meeting to discuss if a potential societal

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safety goal needs to be revisited after the NUCLEAR REGULATORY Chairman as necessary to facilitate the Fukushima Dai-ichi accident. The COMMISSION conduct of the meeting, persons Subcommittee will hear presentations planning to attend should check with by and hold discussions with all Advisory Committee on Reactor the DFO if such rescheduling would interested persons regarding this matter. Safeguards (ACRS); Meeting of the result in a major inconvenience. The Subcommittee will gather ACRS Subcommittee on Planning and If attending this meeting, please enter information, analyze relevant issues and Procedures; Notice of Meeting through the One White Flint North facts, and formulate proposed positions building,11555 Rockville Pike, The ACRS Subcommittee on Planning and actions, as appropriate, for Rockville, MD. After registering with and Procedures will hold a meeting on deliberation by the Full Committee. security, please contact Mr. Theron December 2, 2015, Room T–2B3, 11545 Members of the public desiring to Brown (240–888–9835) to be escorted to Rockville Pike, Rockville, Maryland. provide oral statements and/or written the meeting room. The meeting will be open to public comments should notify the Designated Dated: November 13, 2015. Federal Official (DFO), John Lai attendance with the exception of a Michael Snodderly, (Telephone 301–415–5197 or Email: portion that may be closed pursuant to [email protected]) five days prior to the 5 U.S.C. 552b (c)(2) and (6) to discuss Acting Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. meeting, if possible, so that appropriate organizational and personnel matters arrangements can be made. Thirty-five that relate solely to the internal [FR Doc. 2015–29774 Filed 11–20–15; 8:45 am] hard copies of each presentation or personnel rules and practices of the BILLING CODE 7590–01–P handout should be provided to the DFO ACRS, and information the release of thirty minutes before the meeting. In which would constitute a clearly NUCLEAR REGULATORY addition, one electronic copy of each unwarranted invasion of personal COMMISSION presentation should be emailed to the privacy. The agenda for the subject meeting DFO one day before the meeting. If an [NRC–2013–0203] electronic copy cannot be provided shall be as follows: within this timeframe, presenters Wednesday, December 2, 2015—12:00 Ultimate Heat Sink for Nuclear Power should provide the DFO with a CD p.m. Until 1:00 p.m. Plants containing each presentation at least The Subcommittee will discuss AGENCY: Nuclear Regulatory thirty minutes before the meeting. proposed ACRS activities and related Commission. Electronic recordings will be permitted matters. The Subcommittee will gather ACTION: Regulatory Guide Issuance. only during those portions of the information, analyze relevant issues and meeting that are open to the public. facts, and formulate proposed positions SUMMARY: The U.S. Nuclear Regulatory Detailed procedures for the conduct of and actions, as appropriate, for Commission (NRC) is issuing Revision 3 and participation in ACRS meetings deliberation by the Full Committee. to Regulatory Guide (RG) 1.27, were published in the Federal Register Members of the public desiring to ‘‘Ultimate Heat Sink for Nuclear Power on October 21, 2015 (80 FR 63846). provide oral statements and/or written Plants.’’ This RG describes methods and Detailed meeting agendas and meeting comments should notify the Designated procedures acceptable to the NRC staff transcripts are available on the NRC Federal Official (DFO), Quynh Nguyen that nuclear power plant facility Web site at http://www.nrc.gov/reading- (Telephone 301–415–5844 or Email: licensees and applicants may use to rm/doc-collections/acrs. Information [email protected]) five days prior implement general design criteria (GDC) regarding topics to be discussed, to the meeting, if possible, so that that are applicable to the ultimate heat changes to the agenda, whether the arrangements can be made. Thirty-five sink (UHS) features of plant systems. meeting has been canceled or hard copies of each presentation or DATES: Revision 3 to RG 1.27 is available rescheduled, and the time allotted to handout should be provided to the DFO on November 23, 2015. present oral statements can be obtained thirty minutes before the meeting. In ADDRESSES: Please refer to Docket ID from the Web site cited above or by addition, one electronic copy of each NRC–2013–0203 when contacting the contacting the identified DFO. presentation should be emailed to the NRC about the availability of Moreover, in view of the possibility that DFO one day before the meeting. If an information regarding this document. the schedule for ACRS meetings may be electronic copy cannot be provided You may obtain pubically-available adjusted by the Chairman as necessary within this timeframe, presenters information related to this document to facilitate the conduct of the meeting, should provide the DFO with a CD using the following methods: persons planning to attend should check containing each presentation at least • Federal Rulemaking Web site: Go to with these references if such thirty minutes before the meeting. http://www.regulations.gov and search rescheduling would result in a major Electronic recordings will be permitted for Docket ID NRC–2013–0203. Address inconvenience. If attending this meeting, please enter only during those portions of the questions about NRC dockets to Carol through the One White Flint North meeting that are open to the public. Gallagher; telephone: 301–415–3463; building, 11555 Rockville Pike, Detailed procedures for the conduct of email: [email protected]. For Rockville, Maryland. After registering and participation in ACRS meetings technical questions, contact the FOR FURTHER with security, please contact Mr. Theron were published in the Federal Register individuals listed in the Brown (Telephone 240–888–9835) to be on October 21, 2015 (80 FR 63846). INFORMATION CONTACT section of this Information regarding changes to the escorted to the meeting room. document. agenda, whether the meeting has been • NRC’s Agencywide Documents Dated: November 13, 2015. canceled or rescheduled, and the time Access and Management System Michael Snodderly, allotted to present oral statements can (ADAMS): You may obtain publicly- Acting Chief, Technical Support Branch, be obtained by contacting the identified available documents online in the Advisory Committee on Reactor Safeguards. DFO. Moreover, in view of the ADAMS Public Document collection at [FR Doc. 2015–29773 Filed 11–20–15; 8:45 am] possibility that the schedule for ACRS http://www.nrc.gov/reading-rm/ BILLING CODE 7590–01–P meetings may be adjusted by the adams.html. To begin the search, select

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‘‘ADAMS Public Documents’’ and then II. Additional Information a manner that is inconsistent with any select ‘‘Begin Web-based ADAMS The DG–1275 was published in the issue finality provisions. If, in the Search.’’ For problems with ADAMS, Federal Register on September 9, 2013 future, the NRC seeks to impose a please contact the NRC’s Public (78 FR 55117), for a 60-day public position in RG 1.27 in a manner which Document Room (PDR) reference staff at comment period. The public comment does not provide issue finality as 1–800–397–4209, 301–415–4737, or by period closed on November 8, 2013. described in the applicable issue finality email to [email protected]. The Public comments on DG–1275 and the provision, then the NRC must address ADAMS accession number for each NRC staff responses to the public the criteria for avoiding issue finality as document referenced in this notice (if comments are available in ADAMS described in the applicable issue finality that document is available in ADAMS) under Accession No. ML14107A410. provision. is provided the first time that a Existing 10 CFR part 50 construction document is referenced. Revision 3 to III. Congressional Review Act permit holders and 10 CFR part 50 Regulatory Guide 1.27 and the This regulatory guide is a rule as operating license holders would not be regulatory analysis are available in defined in the Congressional Review required to comply with the positions ADAMS under Accession Nos. Act (5 U.S.C. 801–808). However, the set forth in RG 1.27, unless the ML14107A411 and ML14107A409, Office of Management and Budget has construction permit or operating license respectively. not found it to be a major rule as holder makes a voluntary change to its • NRC’s PDR: You may examine and defined in the Congressional Review licensing basis with respect to the UHS purchase copies of public documents at Act. features of plant systems and the NRC the NRC’s PDR, Room O1–F21, One determines that the safety review must White Flint North, 11555 Rockville IV. Backfitting and Issue Finality include consideration of the UHS Pike, Rockville, Maryland 20852. Regulatory Guide 1.27 provides features of plant systems. Existing design certification rules Regulatory guides are not guidance on one possible means for would not be required to be amended to copyrighted, and NRC approval is not meeting the NRC’s regulatory comply with the positions set forth in required to reproduce them. requirements of the GDC in appendix A, ‘‘General Design Criteria for Nuclear RG 1.27, unless the NRC addresses the FOR FURTHER INFORMATION CONTACT: Power Plants,’’ to 10 CFR part 50, which issue finality provisions in 10 CFR Bruce Lin, telephone: 301–415–2446, are applicable to the ultimate heat sink 52.63(a). email: [email protected]; and Steve features of nuclear power plant systems. Existing combined license holders Burton, telephone: 301–415–7000, This regulatory guide does not (referencing the AP1000 design email: [email protected]. Both constitute backfitting as defined in 10 certification rule in 10 CFR part 52, are staff of the Office of Nuclear CFR 50.109 (the Backfit Rule) and is not appendix D), would not be required to Regulatory Research, U.S. Nuclear otherwise inconsistent with the issue comply with the positions set forth in Regulatory Commission, Washington, finality provisions in 10 CFR part 52, RG 1.27, unless the NRC addresses the DC 20555–0001. ‘‘Licenses, Certifications and Approvals issue finality provisions in 10 CFR SUPPLEMENTARY INFORMATION: for Nuclear Power Plants.’’ The NRC’s 52.63(a). Further information on the NRC staff’s position is based upon the following I. Introduction use of the regulatory guidance is considerations. contained in Section D., The NRC is issuing a revision to an Regulatory Guide 1.27 may be applied ‘‘Implementation,’’ of RG 1.27. existing guide in the NRC’s ‘‘Regulatory to current applications for operating Guide’’ series. This series was licenses, combined licenses, early site Dated at Rockville, Maryland, this 17th day developed to describe and make permits, and certified design rules of November 2015. available to the public information docketed by the NRC as of the date of For the Nuclear Regulatory Commission. regarding methods that are acceptable to issuance of the final regulatory guide, as Thomas H. Boyce, the NRC staff for implementing specific well as future applications submitted Chief, Regulatory Guidance and Generic parts of the agency’s regulations, after the issuance of the regulatory Issues Branch, Division of Engineering, Office techniques that the NRC staff uses in guide. Such action would not constitute of Nuclear Regulatory Research. evaluating specific issues or postulated backfitting as defined in 10 CFR [FR Doc. 2015–29691 Filed 11–20–15; 8:45 am] events, and data that the NRC staff 50.109(a)(1) or be otherwise inconsistent BILLING CODE 7590–01–P needs in its review of applications for with the applicable issue finality permits and licenses. provision in 10 CFR part 52. Neither the Revision 3 to RG 1.27 was issued with Backfit Rule nor the issue finality NUCLEAR REGULATORY a temporary identification of Draft provisions under 10 CFR part 52, with COMMISSION Regulatory Guide, DG–1275. Regulatory certain exclusions discussed below, Advisory Committee on Reactor Guide 1.27 addresses revisions in were intended to apply to every NRC Safeguards; Meeting of The ACRS regulations and lessons learned from action which substantially changes the Subcommittee on Power Uprates; operating experience since the guide expectations of current and future Notice of Meeting was last revised in January 1976, applicants. including system design considerations, The exceptions to the general The ACRS Subcommittee on Power natural phenomena and site hazards principle are applicable whenever a Uprates will hold a meeting on design criteria, and periodic inspection combined license applicant references a December 2, 2015, Room T–2B1, 11545 and maintenance considerations. This 10 CFR part 52 license (e.g., an early site Rockville Pike, Rockville, Maryland. revised guide contains information permit) or NRC regulatory approval The meeting will be open to public applicable to both current operating (e.g., a design certification rule) with attendance with the exception of a plants and new plants being licensed specified issue finality provisions. The portion that may be closed to protect under both parts 50 and 52 of title 10 NRC does not, at this time, intend to information that is propriety pursuant to of the Code of Federal Regulations (10 impose the positions represented in RG 5 U.S.C. 552b(c)(4). The agenda for the CFR). 1.27 on combined license applicants in subject meeting shall be as follows:

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Wednesday, December 2, 2015—8:30 Brown (Telephone 240–888–9835) to be To support its Request, the Postal a.m. Until 12:00 p.m. escorted to the meeting room. Service filed a copy of the contract, a copy of the Governors’ Decision The Subcommittee will review the Dated: November 13, 2015. Michael Snodderly, authorizing the product, proposed Peach Bottom Maximum Extended Load changes to the Mail Classification Line Limit Analysis Plus License Acting Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. Schedule, a Statement of Supporting Amendment Request and the associated Justification, a certification of safety evaluation report. The [FR Doc. 2015–29775 Filed 11–20–15; 8:45 am] compliance with 39 U.S.C. 3633(a), and Subcommittee will hear presentations BILLING CODE 7590–01–P an application for non-public treatment by and hold discussions with Exelon of certain materials. It also filed Corporation, the NRC staff, and other supporting financial workpapers. interested persons regarding this matter. POSTAL REGULATORY COMMISSION Request at 2. The Subcommittee will gather information, analyze relevant issues and [Docket Nos. MC2016–15 and CP2016–20; II. Notice of Commission Action Order No. 2823] facts, and formulate proposed positions The Commission establishes Docket and actions, as appropriate, for New Postal Product Nos. MC2016–15 and CP2016–20 to deliberation by the Full Committee. consider the Request pertaining to the Members of the public desiring to AGENCY: Postal Regulatory Commission. proposed Global Expedited Package provide oral statements and/or written ACTION: Notice. Services 5 Contracts product and the comments should notify the Designated related contract, respectively. Federal Official (DFO), Weidong Wang SUMMARY: The Commission is noticing a The Commission invites comments on (Telephone 301–415–6279 or Email: recent Postal Service filing concerning whether the Postal Service’s filing is [email protected]) five days prior the addition of Global Expedited consistent with 39 U.S.C. 3632, 3633, or to the meeting, if possible, so that Package Services 5 Contracts to the 3642, 39 CFR part 3015, and 39 CFR appropriate arrangements can be made. competitive product list. This notice part 3020, subpart B. Comments are due Thirty-five hard copies of each informs the public of the filing, invites no later than November 24, 2015. The presentation or handout should be public comment, and takes other public portions of the filing can be provided to the DFO thirty minutes administrative steps. accessed via the Commission’s Web site before the meeting. In addition, one DATES: Comments are due: November (http://www.prc.gov). electronic copy of each presentation 24, 2015. The Commission appoints Lyudmila should be emailed to the DFO one day ADDRESSES: Submit comments Y. Bzhilyanskaya to serve as Public before the meeting. If an electronic copy electronically via the Commission’s Representative in these dockets. cannot be provided within this Filing Online system at http:// III. Ordering Paragraphs timeframe, presenters should provide www.prc.gov. Those who cannot submit the DFO with a CD containing each comments electronically should contact It is ordered: presentation at least thirty minutes the person identified in the FOR FURTHER 1. The Commission establishes Docket before the meeting. Electronic INFORMATION CONTACT section by Nos. MC2016–15 and CP2016–20 for recordings will be permitted only telephone for advice on filing consideration of the matters raised by during those portions of the meeting alternatives. the Postal Service’s Request. that are open to the public. Detailed 2. Pursuant to 39 U.S.C. 505, procedures for the conduct of and FOR FURTHER INFORMATION CONTACT: Lyudmila Y. Bzhilyanskaya is appointed participation in ACRS meetings were David A. Trissell, General Counsel, at to serve as an officer of the Commission published in the Federal Register on 202–789–6820. to represent the interests of the general October 21, 2015 (80 FR 63846). SUPPLEMENTARY INFORMATION: public in these proceeding (Public Representative). Detailed meeting agendas and meeting Table of Contents transcripts are available on the NRC 3. Comments are due no later than Web site at http://www.nrc.gov/reading- I. Introduction November 24, 2015. II. Notice of Commission Action 4. The Secretary shall arrange for rm/doc-collections/acrs. Information III. Ordering Paragraphs regarding topics to be discussed, publication of this order in the Federal changes to the agenda, whether the I. Introduction Register. meeting has been canceled or In accordance with 39 U.S.C. 3642 By the Commission. rescheduled, and the time allotted to and 39 CFR 3020.30 et seq., the Postal Stacy L. Ruble, present oral statements can be obtained Service filed a formal request and Secretary. from the Web site cited above or by associated supporting information to Commissioner Goldway, abstaining. contacting the identified DFO. add Global Expedited Package Services [FR Doc. 2015–29724 Filed 11–20–15; 8:45 am] Moreover, in view of the possibility that 5 Contracts to the competitive product BILLING CODE 7710–FW–P the schedule for ACRS meetings may be list.1 adjusted by the Chairman as necessary The Postal Service to facilitate the conduct of the meeting, contemporaneously filed a redacted RAILROAD RETIREMENT BOARD persons planning to attend should check contract related to the proposed new with these references if such product under 39 U.S.C. 3632(b)(3) and Proposed Collection; Comment rescheduling would result in a major 39 CFR 3015.5. Id., Attachment 4. inconvenience. Request If attending this meeting, please enter 1 Request of the United States Postal Service to SUMMARY: In accordance with the through the One White Flint North Add Global Expedited Package Services 5 Contracts requirement of Section 3506(c)(2)(A) of to the Competitive Products List, and Notice of building, 11555 Rockville Pike, Filing (Under Seal) of Contract and Application for the Paperwork Reduction Act of 1995 Rockville, MD. After registering with Non-Public Treatment of Materials Filed Under which provides opportunity for public security, please contact Mr. Theron Seal, November 16, 2015 (Request). comment on new or revised data

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collections, the Railroad Retirement respondents, including the use of program. Authority for collecting the Board (RRB) will publish periodic automated collection techniques or information is prescribed in 42 CFR summaries of proposed data collections. other forms of information technology. 424.32. Comments are invited on: (a) Whether Title and purpose of information The RRB currently utilizes Forms G– the proposed information collection is collection: Request for Medicare necessary for the proper performance of Payment; OMB 3220–0131 Under 740S, Patient’s Request for Medicare the functions of the agency, including Section 7(d) of the Railroad Retirement Payment, along with Centers for whether the information has practical Act, the RRB administers the Medicare Medicare & Medicaid Services Form utility; (b) the accuracy of the RRB’s program for persons covered by the CMS–1500, to secure the information estimate of the burden of the collection railroad retirement system. The necessary to pay Part B Medicare of the information; (c) ways to enhance collection obtains the information Claims. One response is completed for the quality, utility, and clarity of the needed by Palmetto GBA, the Medicare each claim. Completion is required to information to be collected; and (d) carrier for railroad retirement obtain a benefit. The RRB proposes no ways to minimize the burden related to beneficiaries, to pay claims for changes to Form G–740S. the collection of information on payments under Part B of the Medicare

ESTIMATE OF ANNUAL RESPONDENT BURDEN

Annual Time Burden Form number responses (minutes) (hours)

G–740S ...... 100 15 25

Additional Information or Comments: below, which Items have been prepared statements may be examined at the To request more information or to by the Exchange. The Exchange has places specified in Item IV below. The obtain a copy of the information designated the proposed rule change as Exchange has prepared summaries, set collection justification, forms, and/or one establishing or changing a member forth in Sections A, B, and C below, of supporting material, contact Dana due, fee, or other charge imposed by the the most significant parts of such Hickman at (312) 751–4981 or Exchange under Section 19(b)(3)(A)(ii) statements. [email protected]. Comments of the Act 3 and Rule 19b–4(f)(2) regarding the information collection thereunder,4 which renders the (A) Self-Regulatory Organization’s should be addressed to Charles proposed rule change effective upon Statement of the Purpose of, and Mierzwa, Railroad Retirement Board, filing with the Commission. The Statutory Basis for, the Proposed Rule 844 North Rush Street, Chicago, Illinois Commission is publishing this notice to Change 60611–2092 or emailed to solicit comments on the proposed rule 1. Purpose [email protected]. Written change from interested persons. comments should be received within 60 The Exchange proposes to adopt a fee I. Self-Regulatory Organization’s days of this notice. schedule which would be applicable to Statement of the Terms of Substance of the Exchange’s options platform Charles Mierzwa, the Proposed Rule Change (‘‘EDGX Options’’). Specifically, the fee Chief of Information Resources Management. The Exchange filed a proposal to schedule would establish select fees [FR Doc. 2015–29838 Filed 11–20–15; 8:45 am] amend the fee schedule applicable to applicable to Members trading options BILLING CODE 7905–01–P Members 5 and non-members of the on and using services provided by Exchange pursuant to EDGX Rules EDGX Options. The Exchange proposes 15.1(a) and (c). to implement these amendments to its SECURITIES AND EXCHANGE The text of the proposed rule change fee schedule immediately.6 COMMISSION is available at the Exchange’s Web site at www.batstrading.com, at the Definitions [Release No. 34–76453; File No. SR–EDGX– principal office of the Exchange, and at 2015–56] The Exchange proposes to include the Commission’s Public Reference general defined terms in its fee Room. Self-Regulatory Organizations; EDGX schedule. The proposed definitions are Exchange, Inc.; Notice of Filing and II. Self-Regulatory Organization’s designed to provide greater Immediate Effectiveness of a Proposed Statement of the Purpose of, and transparency with regard to how the Rule Change Related to Fees Statutory Basis for, the Proposed Rule Exchange assesses fees and are based on Change and nearly identical to those currently November 17, 2015. In its filing with the Commission, the provided for in the fee schedule for the Pursuant to Section 19(b)(1) of the equity options platform operated by Securities Exchange Act of 1934 (the Exchange included statements 7 concerning the purpose of and basis for BATS Exchange, Inc. (‘‘BZX Options’’). ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Each of these definitions are as follows: notice is hereby given that on November the proposed rule change and discussed 9, 2015, EDGX Exchange, Inc. (the any comments it received on the proposed rule change. The text of these 6 The Exchange initially filed the proposed fees ‘‘Exchange’’ or ‘‘EDGX’’) filed with the on October 30, 2015 (SR–EDGX–2015–54). On Securities and Exchange Commission November 9, 2015, the Exchange withdrew that 3 (‘‘Commission’’) the proposed rule 15 U.S.C. 78s(b)(3)(A)(ii). filing and submitted this filing. 4 7 change as described in Items I and II 17 CFR 240.19b–4(f)(2). The Exchange notes that although there is no 5 The term ‘‘Member’’ is defined as ‘‘any substantive difference between the definitions, registered broker or dealer that has been admitted instead of ‘‘Away Market Maker’’, which is the 1 15 U.S.C. 78s(b)(1). to membership in the Exchange.’’ See Exchange proposed term for EDGX Options, BZX Options 2 17 CFR 240.19b–4. Rule 1.5(n). uses the term ‘‘Non-BATS Market Maker.’’

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• Per Contract. All references to ‘‘per code other than a standard fee code. A liquidity. Such Non-Customer orders in contract’’ within the fee schedule are to fee code other than a standard fee code Non-Penny Pilot Securities would be mean ‘‘per contract executed’’. would only be applied to a Member’s charged a fee of $0.86 per contract and • Broker Dealer. Applies to any order transaction that is routed to and yield fee code NO where they add for the account of a broker dealer, executed on another options exchange liquidity and NQ where they remove including a foreign broker dealer, that or where it is to participate in the EDGX liquidity. clears in the Customer range at the Options opening process under Non-Customer vs. Non-Customer. Options Clearing Corporation (‘‘OCC’’). Exchange Rule 21.7. Like on BZX Neither side of a transaction will be • Customer. Applies to any Options, an order that participates in charged a fee where both sides trade in transaction identified by a Member for the EDGX Options opening process a Non-Customer capacity. Such Non- clearing in the Customer range at the would yield fee code OO and would not Customer orders would yield either fee OCC, excluding any transaction for a be charged a fee nor receive any rebate.9 code PF or NF where they add liquidity Broker Dealer or a ‘‘Professional’’ as Initially, the Exchange does not and PN or NN where they remove defined in Exchange Rule 16.1. propose to implement a tiered pricing liquidity, depending on whether the • Firm. Applies to any transaction structure under which it would provide order is in a Penny Pilot Security or not. identified by a Member for clearing in enhanced rebates or reduced fees based Routing Fees the Firm range at the OCC, excluding on the Member’s monthly trading any Joint Back Office transaction. activity. Nor does the Exchange propose The Exchange proposes to adopt rates • Joint Back Office. Applies to any to implement ‘‘maker-taker’’ pricing for routed orders that approximate the transaction identified by a Member for (i.e., providing a rebate to the side of the cost of routing to other options clearing in the Firm range at the OCC transaction that added liquidity and a exchanges based on the cost of that is identified with an origin code as fee to the side of the transaction that transaction fees assessed by each venue Joint Back Office. A Joint Back Office removed liquidity). as well as costs to the Exchange for participant is a Member that maintains Customer vs. Customer. Neither side routing (i.e., clearing fees, connectivity a Joint Back Office arrangement with a of a transaction will be charged a fee and other infrastructure costs, clearing broker-dealer. where both sides trade in a Customer membership fees, etc.) (collectively, • Market Maker. Applies to any capacity. Such Customer orders would ‘‘Routing Costs’’). The Exchange intends transaction identified by a Member for yield either fee code PA or NA where to monitor the fees charged as compared clearing in the Market Maker range at they add liquidity and PR or NR where to the costs of its routing services and the OCC, where such Member is they remove liquidity, depending on adjust its routing fees to ensure that the registered with the Exchange as a whether the order is in a Penny Pilot Exchange’s fees do indeed result in a Market Maker as defined in Rule Security or not. rough approximation of overall Routing 16.1(a)(37). Customer vs. Non-Customer. An order Costs, and are not significantly higher or • Non-Customer. Applies to any that trades in a Customer capacity will lower in any area. The proposed rates transaction that is not a Customer order. receive a rebate of $0.21 per contract are based on the rates charged by the • Away Market Maker. Applies to any where it executes against a contra-side Exchange’s affiliate, BZX Options, for transaction identified by a Member for order that trades in a Non-Customer routing services. clearing in the Market Maker range at capacity. Such Customer orders would Marketing Fees the OCC, where such Member is not yield either fee code PY or NY where registered with the Exchange as a they add liquidity and PC or NC where The Exchange will assess a marketing Market Maker, but is registered as a they remove liquidity, depending on fee to all Market Makers for contracts market maker on another options whether the order is in a Penny Pilot they execute in their assigned classes exchange. Security or not. when the contra-party to the execution • Professional. Applies to any Market Maker vs. Customer. An order is a Customer. The marketing fee is transaction identified by a Member as that trades in a Market Maker capacity charged only in a Market Maker’s such pursuant to Exchange Rule 16.1. will be charged a fee of $0.21 per assigned classes because it is in these • Penny Pilot Securities. Are those contract where it executes against a classes that the Market Maker has the issues quoted pursuant to Exchange contra-side order that trades in a general obligation to attract order flow Rule 21.5, Interpretation and Policy Customer capacity. Such Market Maker to the Exchange. Each Primary Market 10 .01.8 orders would yield either fee code PM Maker (‘‘PMM’’) and Directed Market Maker (‘‘DMM’’) 11 will have a Standard Transaction Fees or NM where they add liquidity and PP or NP where they remove liquidity, marketing fee pool into which the The Exchange proposes to implement depending on whether the order is in a Exchange will deposit the applicable a fee structure under which standard Penny Pilot Security or not. per-contract marketing fee. For orders rates are applied, the amount of which Non-Customer (other than Market directed to DMMs, the applicable depend on whether the order is for a Maker) vs. Customer. For Penny Pilot marketing fees are allocated to the DMM Customer, Non-Customer, or Market Securities, an order that trades in a Non- pool. For non-directed orders, the Maker as well as the capacity of the Customer capacity, other than a Market applicable marketing fees are allocated order with which such order trades. The Maker, will be charged a fee of $0.46 per to the PMM pool. All Market Makers standard rates and applicable fee codes contract where it executes against a that participated in such transaction described below would apply unless a contra-side order that trades in a will pay the applicable marketing fees to Member’s transaction is assigned a fee Customer capacity. Such Non-Customer the Exchange, which will allocate such orders in Penny Pilot Securities would funds to the Market Maker that controls 8 Exchange Rule 21.5, Interpretation and Policy yield fee code PO where they add the distribution of the marketing fee .01 states that the Exchange will operate a pilot liquidity and PQ where they remove pool. Each month the Market Maker will program set to expire on June 30, 2016 to permit provide instruction to the Exchange options classes to be quoted and traded in increments as low as $.01. A list of option classes 9 See the BZX Options fee schedule available at included in the pilot program is available on the http://www.batsoptions.com/support/fee_schedule/ 10 See Exchange Rule 21.8(g). Exchange’s Web site. bzx/. 11 See Exchange Rule 21.8(f).

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describing how the Exchange is to ‘‘C feed’’, which contain the same affiliates. Each of these definitions are distribute the marketing fees in the pool information but differ only in the way identical to those currently provided for to the order flow provider, who submit such feeds are received. The Exchange in the Exchange’s equities fee schedule as agent, Customer orders to the also offers two redundant feeds, and those of its affiliates.15 Exchange. identified as the ‘‘B feed’’ and the ‘‘D First, a ‘‘Distributor’’ of an Exchange Undisbursed marketing fees will be feed.’’ The Exchange also offers a bulk- Market Data product would be defined reimbursed to the Market Makers that quoting interface which allows Users 13 as any entity that receives the Exchange contributed to the pool based upon their of EDGX Options to submit and update Market Data product directly from the pro-rata portion of the entire amount of multiple bids and offers in one message Exchange or indirectly through another marketing fee collected. In order to through logical ports enabled for bulk- entity and then distributes it internally provide PMMs and DMMs flexibility in quoting. The bulk-quoting application or externally to a third party. An the timing of their disbursements to would allow Users to provide ‘‘Internal Distributor’’ of an Exchange Electronic Exchange Members, PMMs quotations in many different options. Market Data product would be defined and DMMs may choose to disburse the Physical Connectivity. The Exchange as a Distributor that receives the Market Fees collected in one month does, however, propose to adopt fees for Exchange Market Data product and then over a three month period. physical connectivity. A physical port is distributes that data to one or more Reimbursement of undisbursed utilized by a Member or non-Member to Users within the Distributor’s own Marketing Fees will take this into connect to the Exchange at the data entity. Meanwhile, an ‘‘External consideration. centers where the Exchange’s servers are Distributor’’ of an Exchange Market Data The amount of the Marketing Fee located. The Exchange currently product would be defined as a would depend upon whether the maintains a presence in two third-party Distributor that receives the Exchange affected option class is a Penny Pilot data centers: (i) The primary data center Market Data product and then Security. A Marketing Fee of $0.25 per where the Exchange’s business is distributes that data to a third party or contract will be assessed to Market primarily conducted on a daily basis, one or more Users outside the Makers for transactions in Penny Pilot and (ii) a secondary data center, which Distributor’s own entity. Securities. A Marketing Fee of $0.65 per is predominantly maintained for A ‘‘User’’ of an Exchange Market Data contract will be assessed to Market business continuity purposes. The product would be defined as a natural Makers for transactions in Non-Penny Exchange proposes to assess the person, a proprietorship, corporation, Pilot Securities. A list of option classes following physical connectivity fees for partnership, or entity, or device included in the Penny Pilot Program is Members and non-Members on a (computer or other automated service), available on the Exchange’s Web site. monthly basis: $2,000 per physical port that is entitled to receive Exchange data. The Exchange’s marketing fees are the that connects to the System via 1 A ‘‘Non-Professional User’’ of an same as Miami International Securities gigabyte circuit; and $4,000 per physical Exchange Market Data product would be Exchange, Inc. (‘‘MIAX’’), Chicago port that connects to the System via 10 defined as a natural person who is not: Board Options Exchange, Inc. (‘‘CBOE’’), gigabyte circuit. The Exchange will International Securities Exchange, Inc. pass-through in full any fees or costs in (i) Registered or qualified in any (‘‘ISE’’), the NYSE MKT LLC (‘‘NYSE excess of $1,000 incurred by the capacity with the Commission, the MKT’’), and the Nasdaq OMX PHLX Exchange to complete a cross-connect. Commodity Futures Trading LLC (‘‘PHLX’’) for transactions in option These proposed fees are identical to Commission, any state securities classes that are Penny Pilot Securities. those currently provided for in the fee agency, any securities exchange or For option classes that are Non-Penny schedule applicable to the Exchange’s association, or any commodities or Pilot Securities, the Exchange’s equities trading platform (‘‘EDGX futures contract market or association; Marketing Fees is less than MIAX and Equities’’) and those of its affiliates, (ii) engaged as an ‘‘investment adviser’’ PHLX ($0.70 each respectively) and BATS Exchange, Inc. (‘‘BZX’’) as that term is defined in Section equal to CBOE, ISE and the NYSE MKT (including BZX Options), EDGA 202(a)(11) of the Investment Advisers ($0.65 each respectively). Exchange, Inc. (‘‘EDGA’’), and BATS Y- Act of 1940 (whether or not registered Exchange, Inc. (‘‘BYX’’).14 or qualified under that Act); or (iii) Port Fees employed by a bank or other The Exchange proposes to: (i) offer Market Data Definitions and Product organization exempt from registration logical ports free of charge; and (ii) The Exchange proposes to include in under federal or state securities laws to adopt fees for physical connectivity. its fee schedule the following defined perform functions that would require Logical Ports. The Exchange proposes terms that relate to the Exchange’s registration or qualification if such to provide logical ports (including market data fees. The proposed functions were performed for an Multicast PITCH Spin Server and GRP definitions are designed to provide organization not so exempt. Lastly, a ports), as well as ports with bulk greater transparency with regard to how ‘‘Professional User’’ of an Exchange quoting capabilities, free of charge. A the Exchange provides for market data. Market Data product would be defined logical port represents a port established The Exchange notes that none of the as any User other than a Non- by the Exchange within the Exchange’s proposed definitions are designed to Professional User. system for trading and billing purposes. adopt any fee. Instead, the Exchange is The Exchange will offer a market data Each logical port established is specific adopting definitions to avoid confusion product called Multicast PITCH.16 to a Member or non-Member and grants for Members and non-Members who are Multicast PITCH is an uncompressed that Member or non-Member the ability familiar with market data fees on other data feed that offers depth of book to operate a specific application, such as exchanges, including the Exchange’s quotations and execution information FIX order entry or PITCH data receipt. based on options orders entered into the The Exchange’s Multicast PITCH data 13 A User on EDGX Options is either a member System. The Exchange proposes to offer feed 12 is available from two primary of EDGX Options or a sponsored participant who the Multicast PITCH feed free of charge. is authorized to obtain access to the Exchange’s feeds, identified as the ‘‘A feed’’ and the system pursuant to Exchange Rule 11.3. 14 See fee schedules for EDGX Equities, BZX, BZX 15 Id. 12 See Exchange Rule 21.15(b)(1). Options, EDGA, and BYX. 16 See Exchange Rule 21.15(b)(1).

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BATS Connect subscriber. The proposed connectivity which the Exchange operates or In December 2014, the Exchange filed fees are set forth in the Exhibit 5 controls. attached hereto and range from no a proposed rule change with the Standard Rates and Routing Rates Commission to adopt a communication charge to $11,500 based on the market The Exchange believes its proposed and routing service now known as data product the subscriber selects. standard rates as well as rates for routed BATS Connect.17 The Exchange now The Exchange also proposes to adopt orders are equitable and reasonable. The proposes to adopt fees related to the use a discounted fee of $4,160 per month for Exchange will operate in a highly of BATS Connect that are equal to the subscribers who purchase connectivity fees charged for an identical service, to a bundle of select market data competitive market in which market also called BATS Connect, offered by products. The following market data participants may readily send order the Exchange’s affiliates. The Exchange products would be included in the flow to any of twelve competing venues notes that BATS Connect is offered by bundle: UQDF/UTDF/OMDF, CQS/CTS, if they deem fees at the Exchange to be all of the Exchange’s affiliated Nasdaq TotalView, Nasdaq BX excessive. Initially, the Exchange does exchanges. The Exchange believes that TotalView, Nasdaq PSX TotalView, not propose to implement a tiered the fees should also be appropriately set NYSE ArcaBook, NYSE MKT OpenBook pricing structure under which it would forth on the fee schedule of EDGX Ultra, and BBS/TTDS. Absent the provide enhanced rebates or reduced Options because BATS Connect will be discount, a subscriber purchasing fees based on the Member’s monthly offered to all Exchange Members, connectivity through BATS Connect for trading activity. Nor does the Exchange including Members that participate each of these market data products propose to implement ‘‘maker-taker’’ primarily or exclusively on EDGX would pay a total monthly fee of $5,200. pricing. As a new options exchange, the Options. As proposed, a subscriber who proposed fee structure is intended to BATS Connect is offered by the purchases connectivity to each of the attract order flow to the Exchange by Exchange on a voluntary basis in a above market data products would be offering market participants a capacity similar to a vendor. In sum, charged a monthly fee of $4,160, which competitive and simplified pricing BATS Connect is a communication represents a 20% discount. The structure. service that provides subscribers an subscribers would pay any fees charged The Exchange believes it is equitable, additional means to receive market data by the exchange providing the market reasonable and non-discriminatory to from and route orders to any destination data feed directly to that exchange. implement a fee structure under which connected to the Exchange’s network. The Exchange notes that it will not standard rates are applied, the amount BATS Connect does not provide any charge a fee to subscribers utilizing of which depend on whether the order advantage to subscribers for connecting BATS Connect to route orders to or is for a Customer, Non-Customer, or to the Exchange’s affiliates as compared receive market data products from the Market Maker as well as the capacity of to other methods of connectivity Exchange’s affiliates, EDGA, BZX the order with which such order trades. available to subscribers. The servers of (including BZX Options), and BYX. The Exchange believes that application the subscriber need not be located in the BATS Connect provides subscribers a of a simple pricing structure that groups same facilities as the Exchange in order means to access exchanges and market participants together is advantageous to to subscribe to BATS Connect. centers on the Exchange’s network. In all Members of EDGX Options. Subscribers may also seek to utilize all cases, BATS Connect subscribers The Exchange believes it is equitable, BATS Connect in the event of a market would continue to be liable for the reasonable and non-discriminatory to disruption where other alternative necessary fees charged by that exchange charge fees to Non-Customers (including connection methods become or market center, including any required Market Makers) and provide a rebate to unavailable. connectivity fees. Market participants Customers when their orders execute The Exchange will charge a monthly who chose a method other than BATS against each other. Non-Customer connectivity fee to subscribers utilizing Connect to connect to another exchange accounts generally engage in increased BATS Connect to route orders to other or market center would also pay any trading activity as compared to exchanges and broker-dealers that are required connectivity fees directly to Customer accounts. This level of trading connected to the Exchange’s network. that exchange or market center. activity draws on a greater amount of The amount of the connectivity fee Likewise, BATS Connect subscribers Exchange system resources than that of varies based solely on the bandwidth would be liable for any connectivity fees Customers. Simply, the more orders selected by the subscriber. Specifically, charged by the Exchange’s affiliate. submitted to the Exchange, the more the Exchange proposes to charge $350 2. Statutory Basis messages sent to and received from the for 1 Mb, $700 for 5 Mb, $950 for 10 Mb, Exchange, and the more Exchange $1,500 for 25 Mb, $2,500 for 50 Mb, and The Exchange believes that the system resources utilized. This level of $3,500 for 100 Mb. proposed rule change is consistent with trading activity by Non-Customer BATS Connect allows subscribers to the requirements of the Act and the accounts results in greater ongoing receive market data feeds from the rules and regulations thereunder that operational costs to the Exchange.20 As exchanges connected to the Exchange’s are applicable to a national securities such, the Exchange aims to recover its network. In such case, the subscriber exchange, and, in particular, with the costs by fees to Non-Customers when 18 would pay the Exchange a connectivity requirements of Section 6 of the Act. they execute against a Customer order. fee, which varies and is based solely on Specifically, the Exchange believes that Sending orders to and trading on the the amount of bandwidth required to the proposed rule change is consistent Exchange are entirely voluntary. Under 19 transmit the selected data product to the with Section 6(b)(4) of the Act, in that these circumstances, Exchange it provides for the equitable allocation transaction fees must be competitive to 17 See the EDGX equities fee schedule available of reasonable dues, fees and other attract order flow, execute orders, and _ at http://batstrading.com/support/fee schedule/ charges among members and other grow its market. Other options edgx/. See also Securities Exchange Act Release persons using any facility or system Nos. 73780 (December 8, 2014), 79 FR 73942 (December 12, 2014) (SR–EDGX–2014–28); and 20 The Exchange, however, does not propose to 75150 (June 11, 2015), 80 FR 34772 (June 17, 2015) 18 15 U.S.C. 78f. assess ongoing fess for EDGX Options market data (SR–EDGX–2015–27). 19 15 U.S.C. 78f(b)(4). or fees related to order cancellation.

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exchanges also provide for varying rates not have such obligations on the profit or loss from routing to away based on the capacity of the order.21 As Exchange. options exchanges. such, the Exchange believes its Moreover, the Exchange believes it is Marketing Fees proposed trading fees are fair and equitable, reasonable and not unfairly reasonable. discriminatory to charge no fee or The Exchange notes that the U.S. While Non-Customer orders will be provide a rebate to Customer orders that options markets are highly competitive, assessed transaction fees when interacts with another Customer order. and the marketing fee is intended to executing against Customer orders, as The securities markets generally, and provide an incentive for Market Makers the Exchange in particular, have proposed, Non-Customer orders will be to enter into marketing agreements with historically aimed to improve markets charged no fee when executing against Members so that they will provide order for investors and develop various other Non-Customer orders. The flow to the Exchange. The marketing fee features within the market structure for Exchange believes it is equitable, is charged only in a Market Maker’s Customer benefit. Like charging no fee reasonable and not unfairly assigned classes because it is in these to Non-Customer orders that execute discriminatory to charge no fee to a classes that the Market Maker has the against other Non-Customer orders Non-Customer order that interacts with general obligation to attract order flow described above, charging no fee or another Non-Customer order. Providing to the Exchange. The Exchange believes providing a rebate to Customers is the opportunity for a Non-Customer, that its program of marketing fees, designed to encourage Customers to add including a Market Maker, to be charged which is similar to marketing fee liquidity to the Exchange. In turn, programs that have previously been no fee in such scenarios is designed to increased liquidity is beneficial to all encourage Non-Customers to add implemented on other options other market participants on the 23 liquidity to the Exchange. In turn, exchanges, will enhance the Exchange that seek executions against Exchange’s competitive position and increased liquidity attracts should help those Customer orders. As such, the attract Customer order flow, which is will result in increased liquidity on the Exchange believes the proposed Exchange, thereby providing more of an beneficial to all other market Customer transaction pricing is participants on the Exchange that seek opportunity for customers to receive equitably allocated, reasonable and not best executions. The Exchange believes executions against those Customer unfairly discriminatory. orders. As a new entrant into the that its marketing fee is reasonable since As explained above, the Exchange’s the amount of the Exchange’s marketing options marketplace, the Exchange proposal with respect to routing rates is believes such a pricing incentive for fee is the same as other exchanges for to approximate the cost of routing to Penny Pilot Securities and less than or Non-Customers is a reasonable means to other options exchanges, including attract order flow by offering market equal to other exchanges for Non-Penny other applicable costs to the Exchange Pilot Securities. participants a competitive pricing for routing. The Exchange believes that structure. a pricing model based on approximate Port Fees The Exchange also believes it is Routing Costs is a reasonable, fair and The Exchange believes that the equitable, reasonable and not unfairly equitable approach to pricing. proposed logical port and physical discriminatory to charge Market Makers Specifically, the Exchange believes that connection fees further the objectives of lower fees than Non-Customers who are its proposal to modify fees is fair, Section 6(b)(4),24 as it is designed to not Market Makers when executing equitable and reasonable because the provide for the equitable allocation of against a Customer order. The proposed proposed fees are generally an reasonable dues, fees and other charges differentiation between Market Makers approximation of the cost to the among its Members and other persons and other market participants such as Exchange for routing orders to such using its facilities. The Exchange Non-Customers recognizes the differing exchanges. As a general matter, the believes that the proposal represents an contributions made to the liquidity and Exchange believes that the proposed equitable allocation of reasonable dues, trading environment on the Exchange by fees will allow it to recoup and cover its fees, and other charges as its fees for these market participants. Market costs of providing routing services to physical connectivity are reasonably Makers, unlike other market such exchanges. The Exchange notes constrained by competitive alternatives. participants, have obligations to the that routing through the Exchange is If a particular exchange charges market and regulatory requirements,22 voluntary. The Exchange also believes excessive fees for connectivity, affected which normally do not apply to other that the proposed fee structure for Members and non-Members may opt to market participants. A Market Maker orders routed to and executed at these terminate their connectivity away options exchanges is fair and has the obligation to make continuous arrangements with that exchange, and markets, engage in course of dealings equitable and not unreasonably reasonably calculated to contribute to discriminatory in that it applies equally 23 See e.g., Securities Exchange Act Release Nos. the maintenance of a fair and orderly to all Members. 98415 (December 12, 2012), 77 FR 74905 (December market, and not make bids or offers or The Exchange reiterates that it 18, 2012) (SR–MIAX–2012–01); 53969 (June 9, 2006), 71 FR 34973 (June 16, 2006) (SR–CBOE– enter into transactions that are operates in a highly competitive market in which market participants can 2006–53); 55265 (February 9, 2007), 72 FR 7697 inconsistent with such course of (February 16, 2007) (SR–CBOE–2007–11); 55271 dealings. On the other hand, Non- readily direct order flow to competing (February 12, 2007), 72 FR 7699 (February 16, 2007) Customers and non-Market Makers, do venues if they deem fee levels to be (SR–ISE–2007–08); and 54152 (July 14, 2006), 71 FR excessive or providers of routing 41488 (July 21, 2006). See also, Securities Exchange services if they deem fee levels to be Act Release Nos. 53841 (May 19, 2006), 71 FR 21 See Nasdaq OMX PHLX LLC (‘‘PHLX’’) fee 30461 (May 26, 2006) (SR–Phlx–2006–33); 54297 schedule available at http://nasdaqtrader.com/ excessive. Finally, the Exchange notes (August 9, 2006), 71 FR 47280 (August 16, 2006) Micro.aspx?id=PHLXPricing (charging no fee to that it will continually evaluate its (SR–Phlx–2006–47); 54485 (September 22, 2006), customer orders and variable rates non-customer routing fees, including profit and loss 71 FR 57017 (September 28, 2006) (SR–Phlx–2006– orders). See also Nasdaq OMX BX, Inc. fee schedule attributable to routing, as applicable, 56); 55290 (February 13, 2007), 72 FR 8051 available at http://nasdaqtrader.com/ (February 22, 2007) (SR–Phlx–2007–05); and 55473 Micro.aspx?id=BXOptionsPricing. and would consider future adjustments (March 14, 2007), 72 FR 13338 (March 21, 2007) 22 See Exchange Rule 21.5, Obligations of Market to the proposed pricing structure to the (SR–Phlx–2007–12). Makers. extent it was recouping a significant 24 15 U.S.C. 78f(b)(4).

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adopt a possible range of alternative included in the Exchange’s equities fee discontinue use at any time and for any strategies, including routing to the schedule and those of its affiliates.26 reason, including due to an assessment applicable exchange through another The Exchange believes that its of the reasonableness of fees charged. participant or market center or taking proposal to provide its Multicast PITCH Moreover, the Exchange believes the that exchange’s data indirectly. feed free of charge is consistent with proposed fees are reasonable and Accordingly, if the Exchange charges Section 6(b)(4) of the Act 27 because it equitable because they continue to be excessive fees, it would stand to lose not provides for an equitable allocation of based on the Exchange’s costs to cover only connectivity revenues but also reasonable dues, fees, and other charges the amount of bandwidth required to revenues associated with the execution among its members and other recipients provide connectivity to the select of orders routed to it, and, to the extent of Exchange data. The Exchange also bundle of data feeds. The proposed fees applicable, market data revenues. The believes the proposal to provide will continue to allow the Exchange to Exchange believes that this competitive Multicast PITCH free of charge is recoup this cost, while providing dynamic imposes powerful restraints on reasonable and equitable in light of the subscribers with an alternative means to Exchange being a new entrant into the the ability of any exchange to charge connect to the select bundle of data options exchange space and would unreasonable fees for connectivity. The feeds at a discounted rate. enable the Exchange to attract Exchange believes that the proposed The subscribers would pay any fees: additional order flow. Lastly, the (i) Charged by the exchange providing fees are reasonable in that they are Exchange also believes that the identical to those included on the the market data feed directly to that proposed amendments to its fee exchange (ii) charged by a market center Exchange’s equities fee schedule and schedule are reasonable and non- those of its affiliates.25 to which they routed an order and an discriminatory because it will apply execution occurred directly to that Finally, the Exchange believes that uniformly to all Members. market center. The Exchange itself the proposed rates are equitable and 30 BATS Connect would not charge any additional fees. non-discriminatory in that they apply BATS Connect is offered and purchased uniformly to all Members and non- The Exchange also believes that its on a voluntary basis, in that neither the Members. Members and non-Members proposal is consistent with Section 28 Exchange nor subscribers are required will continue to choose whether they 6(b)(4) of the Act, in that it provides by any rule or regulation to make this want more than one physical port and for the equitable allocation of reasonable product available. Accordingly, choose the method of connectivity dues, fees and other charges among subscribers can discontinue use at any based on their specific needs. All members and other persons using its time and for any reason, including due Exchange Members that voluntarily facilities. The Exchange notes that its to an assessment of the reasonableness select various service options will be fees proposed for BATS Connect are of fees charged. charged the same amount for the same identical to those currently charged by Moreover, the Exchange believes the services. As is true of all physical its affiliates, all of which have been proposed fees are reasonable and connectivity, all Members and non- published for comment by the equitable because they are based on the Commission.29 Members have the option to select any Exchange’s costs to cover hardware, First, the Exchange will charge a installation, testing and connection, as connectivity option, and there is no connectivity fee to subscribers utilizing well as expenses involved in differentiation with regard to the fees BATS Connect to route orders to other maintaining and managing the service. charged for the service. exchanges and market centers that are The proposed fees allow the Exchange connected to the Exchange’s network, Market Data Definitions and Products to recoup these costs, while providing which varies based solely on the subscribers with an alternative means to The Exchange believes that the amount of bandwidth selected by the connect to other exchange and market proposed definitions are reasonable subscriber. Second, with regard to centers. The Exchange believes that the because they are designed to provide utilizing BATS Connect to receive proposed fees are reasonable and greater transparency to Members and market data products from other equitable in that they reflect the costs non-Members with regard to how the exchanges, the Exchange would only and the benefit of providing alternative Exchange provides for market data. The charge subscribers a connectivity fee, connectivity. Exchange believes that Members would the amount of which is based solely on The Exchange also believes it is benefit from clear guidance in its fee the amount of bandwidth required to equitable and reasonable to provide schedule that describes the manner in transmit that specific data product to BATS Connect to subscribers for no which the Exchange may assess fees if the subscribers. charge to route orders to or receive The Exchange believes it is reasonable such fees are proposed in the future. market data products from the to offer such discounted pricing to These definitions are intended to make Exchange’s affiliates. BATS Connect subscribers who purchase connectivity the fee schedule clearer and less provides subscribers a means to access to a bundle of market data products as confusing for Members and non- exchanges and market centers on the it would enable them to reduce their Members and eliminate potential Exchange’s network. In all cases, BATS overall connectivity costs for the receipt confusion, thereby removing Connect subscribers would continue to of market data. As stated above, BATS impediments to and perfecting the be liable for the necessary fees charged Connect is offered and purchased on a mechanism of a free and open market by the Exchange, its affiliate, or another voluntary basis and subscribers can and a national market system, and, in exchange or market center, including general, protecting investors and the 26 any required connectivity fees. As stated public interest. Lastly, the proposed See fee schedules for EDGX Equities, BZX, BZX Options, EDGA, and BYX. above, BATS Connect is offered and definitions are identical to those 27 15 U.S.C. 78f(b)(4). purchased on a voluntary basis, and 28 15 U.S.C. 78f(b)(4). 25 See fee schedules for EDGX Equities, BZX, BZX 29 See fee schedules for EDGX Equities, BZX, BZX 30 The Exchange’s rules and fees would not Options, EDGA, and BYX (charging fees for 1 Options, EDGA, and BYX (charging identical fees to address the fees or manner of operation of any gigabyte circuit of $2,000 per month and for 10 those proposed herein for the BATS Connect destination to which the subscriber asked that an gigabyte circuit of $4,000 per month). service). order be routed.

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subscribers and market participants may other options exchanges,32 will enhance investors, or otherwise in furtherance of choose an alternative method to connect the Exchange’s competitive position and the purposes of the Act. to the Exchange, its affiliates, or another will result in increased liquidity on the exchange or market center connected to Exchange, thereby providing more of an IV. Solicitation of Comments the Exchange’s network. Such other opportunity for customers to receive Interested persons are invited to services may also offer at no charge best executions. submit written data, views and connectivity to certain exchanges or a The Exchange believes that fees for arguments concerning the foregoing, group of exchanges.31 Therefore, the connectivity are constrained by the including whether the proposal is Exchange believes that providing BATS robust competition for order flow among consistent with the Act. Comments may Connect to subscribers at no charge to exchanges and non-exchange markets. be submitted by any of the following route orders to or receive market data Further, excessive fees for connectivity, methods: products from the Exchange’s affiliates would serve to impair an exchange’s is reasonable and equitable as they will ability to compete for order flow rather Electronic Comments continue to be liable to the Exchange or than burdening competition. The • its affiliate for any required connectivity Exchange also does not believe the Use the Commission’s Internet fees. proposed rule change would impact comment form (http://www.sec.gov/ Lastly, the Exchange also believes that intramarket competition as it would rules/sro.shtml); or the proposed fees for BATS Connect are apply to all Members and non-Members • Send an email to rule-comments@ non-discriminatory because they will equally. sec.gov. Please include File No. SR– apply uniformly to all subscribers. All Lastly, the Exchange does not believe EDGX–2015–56 on the subject line. subscribers that voluntarily select the proposed fees for BATS Connect various service options will be charged will result in any burden on Paper Comments the same amount for the same services. competition. The proposed rule change • All subscribers have the option to select Send paper comments in triplicate is designed to provide subscribers with to Secretary, Securities and Exchange any connectivity option, and there is no an alternative means to access other Commission, 100 F Street NE., differentiation among subscribers with market centers on the Exchange’s Washington, DC 20549–1090. regard to the fees charged for the network if they choose or in the event service. Further, the benefits of selecting of a market disruption where other All submissions should refer to File such services are the same for all alternative connection methods become Number SR–EDGX–2015–56. This file subscribers, irrespective of whether unavailable. BATS Connect is not the number should be included on the their servers are located in the same exclusive method to connect to these subject line if email is used. To help the facility as the Exchange. market centers and subscribers may Commission process and review your (B) Self-Regulatory Organization’s utilize alternative methods to connect to comments more efficiently, please use Statement on Burden on Competition the product if they believe the only one method. The Commission will Exchange’s proposed pricing is post all comments on the Commission’s The Exchange believes its proposed unreasonable or otherwise. Therefore, amendments to its fee schedule would Internet Web site (http://www.sec.gov/ the Exchange does not believe the rules/sro.shtml). Copies of the not impose any burden on competition proposed rule change will have any submission, all subsequent that is not necessary or appropriate in effect on competition. furtherance of the purposes of the Act. amendments, all written statements The Exchange does not believe that the (C) Self-Regulatory Organization’s with respect to the proposed rule proposed change represents a significant Statement on Comments on the change that are filed with the departure from previous pricing offered Proposed Rule Change Received From Commission, and all written by the Exchange or pricing offered by Members, Participants or Others communications relating to the the Exchange’s competitors. The Exchange has not solicited, and proposed rule change between the Additionally, Members may opt to does not intend to solicit, comments on Commission and any person, other than disfavor the Exchange’s pricing if they this proposed rule change. The those that may be withheld from the believe that alternatives offer them Exchange has not received any written public in accordance with the better value. Accordingly, the Exchange comments from members or other provisions of 5 U.S.C. 552, will be does not believe that the proposed interested parties. available for Web site viewing and change will impair the ability of printing in the Commission’s Public III. Date of Effectiveness of the Members or competing venues to Reference Room, 100 F Street NE., Proposed Rule Change and Timing for maintain their competitive standing in Washington, DC 20549, on official Commission Action the financial markets. The Exchange business days between the hours of believes that its proposed pass through The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of such rates for orders routed to and executed effective pursuant to Section 19(b)(3)(A) filing will also be available for on an away options exchange would of the Act 33 and paragraph (f) of Rule inspection and copying at the principal increase competition because they offer 19b–4 thereunder.34 At any time within office of the Exchange. All comments customers an alternative means to route 60 days of the filing of the proposed rule to those destinations. received will be posted without change; change, the Commission summarily may the Commission does not edit personal The Exchange believes that its temporarily suspend such rule change if program of marketing fees, which is identifying information from it appears to the Commission that such submissions. You should submit only similar to marketing fee programs that action is necessary or appropriate in the have previously been implemented on information that you wish to make public interest, for the protection of available publicly. All submissions 31 See NYSE’s SFTI Americas Product and Service should refer to File Number SR–EDGX– 32 List available at http://www.nyxdata.com/docs/ See supra note 23. 2015–56 and should be submitted on or connectivity (offering at no charge connectivity to 33 15 U.S.C. 78s(b)(3)(A). the NYSE, NYSE MKT LLC, and NYSE Arca, Inc.). 34 17 CFR 240.19b–4(f). before December 14, 2015.

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For the Commission, by the Division of concerning the purpose of and basis for Commission’s description of Sponsored Trading and Markets, pursuant to delegated the proposed rule change and discussed Access used in the release approving the authority.35 any comments it received on the Market Access Rule.4 The Exchange Robert W. Errett, proposed rule change. The text of these believes that defining Sponsored Access Deputy Secretary. statements may be examined at the in BX Rule 4615 will provide market [FR Doc. 2015–29708 Filed 11–20–15; 8:45 am] places specified in Item IV below. The participants with greater clarity BILLING CODE 8011–01–P Exchange has prepared summaries, set concerning Sponsored Access and their forth in sections A, B, and C below, of obligations with respect to this type of the most significant aspects of such access arrangement. SECURITIES AND EXCHANGE statements. Defining Customer Agreement COMMISSION A. Self-Regulatory Organization’s The Exchange proposes to amend BX [Release No. 34–76454; File No. SR–BX– Statement of the Purpose of, and Rule 4615(b)(i) to define the agreement 2015–067] Statutory Basis for, the Proposed Rule that Sponsored Participants must enter Change Self-Regulatory Organizations; into and maintain with one or more NASDAQ OMX BX, Inc.; Notice of Filing 1. Purpose Sponsoring Members to establish proper relationship(s) and account(s) through and Immediate Effectiveness of The purpose of the filing is to amend which the Sponsored Participant may Proposed Rule Change Relating to BX Rule 4615 entitled, ‘‘Sponsored trade on the BX Market, as a ‘‘Customer Sponsored Access Participants’’ to: (1) Define the term Agreement.’’ ‘‘Sponsored Access,’’ and specifically November 17, 2015. stating that compliance with the Market Market Access Rule Pursuant to Section 19(b)(1) of the Access Rule is required, and defining Pursuant to BX Rule 4615, the Securities Exchange Act of 1934 ‘‘Customer Agreement’’ to refer to the 1 2 Sponsoring Member is responsible for (‘‘Act’’), and Rule 19b–4 thereunder, agreement that must be executed notice is hereby given that on November the activities of the Sponsored between the Sponsoring Participant and Participant. Sponsored Participants are 4, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’ the Sponsoring Member; (2) specify the or ‘‘Exchange’’) filed with the Securities required to have procedures in place to requirements to comply with the Market comply with Exchange rules, and the and Exchange Commission (‘‘SEC’’ or Access Rule; and (3) remove the ‘‘Commission’’) the proposed rule Sponsoring Member takes responsibility requirement that each Sponsored for the Sponsored Participant’s activity change as described in Items I, II, and Participant and each Sponsoring III, below, which Items have been on the Exchange. Members may have Member must enter into certain multiple Sponsored Access prepared by the Exchange. The agreements with the Exchange to Commission is publishing this notice to relationships in place at a given time. streamline its rule and remove The Exchange’s examination program solicit comments on the proposed rule unnecessarily burdensome notice change from interested persons. assesses compliance with BX Rule 4615, requirements to the Exchange. among other rules.5 The Exchange I. Self-Regulatory Organization’s Defining Sponsored Access proposes to specifically enumerate Statement of the Terms of Substance of within BX Rule 4615 the member’s A Sponsored Participant may be a the Proposed Rule Change obligation to comply with the Market member or a non-member of the Access Rule, which members are The Exchange proposes to amend BX Exchange, such as an institutional currently required to comply with Rule 4615 entitled, ‘‘Sponsored investor, that gains access to the respecting market access. The Exchange Participants’’ to: (1) Define the term Exchange 3 and trades under a believes that specifying the obligation to ‘‘Sponsored Access’’ and ‘‘Customer Sponsoring Member’s execution and comply with the Market Access Rule Agreement;’’ (2) specify the clearing identity pursuant to specifically will reinforce that BX Rule requirements to comply with Rule sponsorship arrangements currently set 4615 presupposes member compliance 15c3–5 under the Securities Exchange forth in BX Rule 4615. The Exchange is with the Market Access Rule. Act of 1934 (‘‘Market Access Rule’’); and proposing to define the term (3) remove the requirement that each ‘‘Sponsored Access’’ to clarify the type Elimination of Certain Contract Sponsored Participant and each of market access arrangement that is Requirements Sponsoring Member must enter into subject to BX Rule 4615. The Exchange At this time, the Exchange proposes to certain agreements with the Exchange. proposes to amend BX Rule 4615(a) to remove requirements to submit certain The text of the proposed rule change add the following definition, forms to the Exchange. There are three is available on the Exchange’s Web site ‘‘Sponsored Access shall mean an forms that are currently required by BX at http:// arrangement whereby a member permits Rule 4615: (1) An agreement between nasdaqomxbx.cchwallstreet.com, at the its customers to enter orders into the the Sponsored Participant and the principal office of the Exchange, and at Exchange’s System that bypass the Exchange (‘‘Exchange Agreement’’); (2) a the Commission’s Public Reference member’s trading system and are routed Room. directly to the Exchange, including 4 The Market Access Rule, among other things, routing through a service bureau or requires broker-dealers providing others with access II. Self-Regulatory Organization’s to an exchange or alternative trading system to Statement of the Purpose of, and other third party technology provider.’’ This definition was derived from the establish, document, and maintain a system of risk Statutory Basis for, the Proposed Rule management controls and supervisory procedures Change reasonably designed to manage the financial, 3 For example, a broker-dealer may allow its regulatory, and other risks of providing such access. In its filing with the Commission, the customer—whether an institution such as a hedge See Securities Exchange Act Release No. 63241 Exchange included statements fund, mutual fund, bank or insurance company, an (November 3, 2010), 75 FR 69792 (November 15, individual, or another broker-dealer—to use the 2010). broker-dealer’s MPID, account or other mechanism 5 The Exchange has a Regulatory Services 35 17 CFR 200.30–3(a)(12). or mnemonic used to identify a market participant Agreement with Financial Industry Regulatory 1 15 U.S.C. 78s(b)(1). for the purposes of electronically accessing the Authority (‘‘FINRA’’) to conduct regulatory 2 17 CFR 240.19b–4. Exchange. examinations, among other obligations.

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User Agreement between the Sponsored Agreement and Notice of Consent with Participant.10 Finally, the member Participant and its Sponsoring Member our BX Membership Department is continues to be obligated to comply that is provided to the Exchange; and (3) viewed as unnecessarily burdensome by with BX Rule 4615 and the Market a Notice of Consent provided to the members because of the multitude of Access Rule. The Sponsoring Member is Exchange by the Sponsoring Member. relationships the member has with responsible for any and all actions taken BX Rule 4615 will continue to require various customers. Members have by such Sponsored Participant and any that each Sponsored Participants enter expressed to the Exchange that they person acting on behalf of or in the into a Customer Agreement with each have multiple relationships with name of such Sponsored Participant. Sponsoring member to establish proper customers, which customer BX Rule 4615 requires that the relationship(s) and account(s) through relationships change over time.7 Sponsored Participant and the which the Sponsored Participant may Members have indicated that the Sponsored Member maintain a trade on the BX Market. These Customer necessity to continuously disclose the Customer Agreement to ensure Agreement(s) must incorporate the updated customer relationships to the compliance with the Exchange’s Rules Sponsorship Provisions set forth in Exchange is burdensome and and obligations related to security, paragraph (ii) in BX Rule 4615.6 The unnecessary as they remain responsible among other things.11 BX Rule 4615 Customer Agreement remains for all activity conducted on the requires that the Customer Agreement unaffected by this rule proposal. Also, Exchange through a port assigned to the specify that the Sponsored Participant the Exchange is proposing to amend BX member. Further such information is shall maintain, keep current and Rule 4615 to identify the available to the Exchange upon provide to the Sponsoring Member a list aforementioned agreement as the Exchange request from its regulatory of individuals authorized to obtain ‘‘Customer Agreement.’’ group.8 access to the Exchange on behalf of the Today, only members may request Second, the Exchange believes that Sponsored Participant and provide connectivity to the Exchange. A member the Exchange Agreement between the appropriate training. In addition, may obtain one or more ports for the Sponsored Participant and the Exchange pursuant to the Customer Agreement purpose of providing Sponsored Access. is also unnecessarily burdensome. The provisions, the Sponsored Participant is If separate ports are requested by a requirement to provide this form was required to take reasonable security member for the purpose of providing intended to give the Exchange precautions to prevent unauthorized use Sponsored Access, the member must notification that such a relationship or access to the Exchange, including request those ports from the Exchange existed and to ensure that the unauthorized entry of information into and the member is responsible for the Sponsored Participant was informed of the Exchange, or the information and Sponsored Participant’s activity on the the Exchange’s Certificate of data made available therein. Finally, the Exchange. In all circumstances, the Incorporation, Bylaws, Rules and Customer Agreement must provide that Exchange will only permit members to procedures. The agreements also the Sponsored Participant is responsible request connectivity to the market and provided the Exchange with contractual for any and all orders, trades and other the member is responsible for all privity, which would no longer exist messages and instructions entered, customer orders submitted through the with the removal of the Exchange transmitted or received under member’s port. Agreement. The Exchange does not identifiers, passwords and security First, the Exchange believes that believe the loss of privity with the codes of authorized individuals, and for completing and submitting the Sponsored Participant creates a concern the trading and other consequences Exchange Agreement, User Agreement thereof, including granting as the Exchange has the ability to and Notice of Consent is unnecessarily unauthorized access to the Exchange. remove access to the port 9 at any time burdensome in light of the current The contents and the requirement for a if the activity of the Sponsored structure in place at the Exchange. Only Customer Agreement are unchanged. members may request connectivity to Participant warrants such removal. In Pursuant to BX Rule 4615 the the Exchange by contacting BX addition, as discussed below, the Sponsoring Member must provide a Subscriber Services. Such connection by Sponsored Participant will be made Notice of Consent to the Exchange. The the member requires approval by the aware of its obligations through the Exchange believes that a Notice of Exchange for the purpose of testing as Customer Agreement that it executed Consent provided to the Exchange by well as other relevant information with the Sponsoring Member. As noted the Sponsoring Member is also sharing with the Exchange by the above, the Exchange only permits its unnecessarily burdensome. The Notice member to obtain a port. The Exchange members to request connectivity to the of Consent notifies the Exchange of the is aware of the member responsible for Exchange’s System and members relationship between the Sponsoring each of its ports, however the Exchange responsible for all trades submitted Member and the Sponsored Participant. may not be aware of the member’s through such ports. Pursuant to BX Rule However, as noted above, the Sponsored Access arrangements due to 4615 the trading activity of a Sponsored Exchange’s regulatory group may varied ways that a member may utilize Participant must be monitored by the request information about a particular a port. The Exchange believes the Sponsoring Member for compliance customer relationship as it deems with the terms of the Customer requirement to also complete and necessary. 12 Further, the Exchange is Agreement with the Sponsoring submit an Exchange Agreement, User made aware of the existence of ports when the Sponsoring Member requests 7 6 The Customer Agreement is required to include, For example, a broker-dealer’s customers, which connectivity to the Exchange and the among other language, all orders entered by the could include hedge funds, institutional investors, Sponsored Participants and any person acting on individual investors, and other broker-dealers. Members are responsible for all trading behalf of or in the name of such Sponsored 8 See BX Rule 8210. activity by its Sponsored Participant. In Participant and any executions occurring as a result 9 BX Rule 4611, entitled ‘‘NASDAQ OMX BX addition, the Exchange, through its of such orders are binding in all respects on the Market Participant Registration’’ permits BX to Regulatory Services Agreement with the Sponsoring Member and, also, Sponsoring Member impose upon any BX Market Maker, BX ECN or is responsible for any and all actions taken by such Order Entry Firm such temporary restrictions upon Sponsored Participant and any person acting on the automated entry or updating of orders or 10 See BX Rule 4615(b)(ii)(G). behalf of or in the name of such Sponsored Quotes/Orders as BX may determine to be necessary 11 See BX Rule 4615(b)(ii)(B). Participant. to protect the integrity of BX’s systems. 12 See BX Rule 8210.

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Financial Industry Regulatory Authority Market Access Rule Agreement and a Notice of Consent with (FINRA), reviews for member Members continue to be required to our BX Membership Department is compliance with BX Rule 4615 and the comply with Rule 4615 and the Market viewed as unnecessarily burdensome by Market Access Rule. The Exchange has Access Rule. The Exchange believes that members, who must update their the ability to remove access to the specifically enumerating the member’s customer relationships internally. port 13 at any time if the activity of the responsibility to comply with the B. Self-Regulatory Organization’s Sponsored Participant would warrant Market Access Rule will provide Statement on Burden on Competition such removal. member’s with additional guidance In light of the foregoing, the The Exchange does not believe that concerning the application of the Rule. the proposed rule change will impose requirement to complete and submit an This change is non-substantive as Exchange Agreement and Notice of any burden on competition not members are currently responsible to necessary or appropriate in furtherance Consent with the BX Membership comply with the Market Access Rule. Department is viewed as unnecessarily of the purposes of the Act for the burdensome by members, who must Elimination of Certain Contract reasons below. update their customer relationships Requirements Defining Sponsored Access internally and provides such Removing the requirement to submit information upon Exchange request. The addition of a definition for and complete an Exchange Agreement, Sponsored Access will assist market Finally, the Exchange notes it is User Agreement and Notice of Consent participants to understand the type of correcting a capitalization in BX Rule will remove impediments to and perfect arrangement subject to BX Rule 4615 4615(ii)(C). the mechanism of a free and open and such clarity will serve to promote 2. Statutory Basis market by removing a burdensome and just and equitable principles of trade. time-consuming requirement for The Exchange believes that its members. While elimination of the Defining Customer Agreement proposal is consistent with Section 6(b) Exchange Agreement requirement will Defining the agreement that of the Act 14 in general, and furthers the also eliminate the Exchange’s Sponsored Participants must enter into objectives of Section 6(b)(5) of the Act 15 contractual privity with the Sponsored and maintain with one or more in particular, in that it is designed to Participant, he Exchange notes that any Sponsoring Members to establish proper promote just and equitable principles of potential concerns to the loss of privity relationship(s) and account(s) through trade, to remove impediments to and are mitigated by the Exchange’s ability which the Sponsored Participant may perfect the mechanism of a free and to restrict the Sponsored Participant’s trade on the BX Market, as a ‘‘Customer open market and a national market access to a port 16 at any time it is Agreement’’ does not create an undue system, and, in general to protect warranted by the Sponsored burden on competition as this investors and the public interest, by Participant’s trading activity. Also, amendment is non-substantive and the enhancing the risk protections available members have indicated that customer Exchange believes that providing to Exchange members. relationships must be frequently guidance concerning the type of updated and it is unnecessarily Defining Sponsored Access arrangement subject to BX Rule 4615 burdensome to continuously update the will facilitate member compliance and Adding a definition of Sponsored Exchange with this information that is does not unduly burden competition. Access will assist market participants to available upon request. Connectivity to understand the type of arrangements the Exchange is authorized by the Market Access Rule that are subject to BX Rule 4615 and Exchange and must be requested by a In addition, the Exchange believes such clarity will serve to promote just member of the Exchange. Such that specifically enumerating the and equitable principles of trade. connection requires approval by the member’s obligation to comply with the Members have indicated, and the Exchange, testing and other security Market Access Rule does not create an Exchange believes, that adding the features as well as information sharing undue burden on competition, but Sponsored Access definition will with the Exchange by the member. In rather reinforces the application of the provide members with additional addition, BX Rule 4615 delineates the Rule. This change is non-substantive as guidance with respect to BX Rule 4615. terms of the required contractual members are currently responsible to relationship between the Sponsoring Defining Customer Agreement comply with the Market Access Rule. Member and the Sponsored Participant Defining the agreement that in the Customer Agreement, which Elimination of Certain Contract Sponsored Participants must enter into remains in effect. The Exchange believes Requirements and maintain with one or more that the Notice of Consent is Removing the requirement to Sponsoring Members to establish proper unnecessary as Sponsoring Members complete an Exchange Agreement, User relationship(s) and account(s) through must request connectivity to the Agreement and Notice of Consent under which the Sponsored Participant may Exchange as well as enter into a BX Rule 4615 does not create an undue trade on the BX Market, as a ‘‘Customer Customer Agreement with the burden on competition. The Exchange Agreement’’ will also serve to provide Sponsored Participant. Finally, as is the believes that this requirement is members with clarity on the agreement case with other Exchange Rules, the unnecessarily burdensome as the that the Exchange will continue to Exchange examines for compliance with Exchange’s regulatory group may require and the obligations that are BX Rule 4615 and may request request information about a particular contained within the Customer information about any customer customer relationship as it deems Agreement. This amendment is non- relationship which concerns the necessary.17 Further, the Exchange is substantive. Exchange. made aware of the existence of ports The requirement to also complete and when the Sponsoring Member requests 13 See note 9. submit an Exchange Agreement, User connectivity to the Exchange and the 14 15 U.S.C. 78f(b). 15 15 U.S.C. 78f(b)(5). 16 See note 9. 17 See BX Rule 8210.

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Members are responsible for all trading III. Date of Effectiveness of the communications relating to the activity by its Sponsored Participant. In Proposed Rule Change and Timing for proposed rule change between the order to obtain connectivity to the Commission Action Commission and any person, other than Exchange, members are required to Because the foregoing proposed rule those that may be withheld from the contact BX Subscriber Services and change does not significantly affect the public in accordance with the request a connection to the market. protection of investors or the public provisions of 5 U.S.C. 552, will be Such connection requires approval by interest; does not impose any significant available for Web site viewing and the Exchange, testing and other security burden on competition; and by its terms printing in the Commission’s Public features as well as information sharing does not become operative for 30 days Reference Room, 100 F Street NE., with the Exchange by the member. Only from the date on which it was filed, or Washington, DC 20549, on official members are permitted to request such shorter time as the Commission business days between the hours of connectivity to the Exchange. The may designate, it has become effective 10:00 a.m. and 3:00 p.m. Copies of the requirement to also complete and pursuant to Section 19(b)(3)(A) 21 of the filing also will be available for submit an Exchange Agreement, User Act and Rule 19b–4(f)(6) thereunder.22 inspection and copying at the principal Agreement and a Notice of Consent with At any time within 60 days of the office of the Exchange. All comments our BX Membership Department is filing of the proposed rule change, the received will be posted without change; viewed as unnecessarily burdensome by Commission summarily may the Commission does not edit personal members, who must update their temporarily suspend such rule change if identifying information from customer relationships internally. it appears to the Commission that such submissions. You should submit only Additionally, the Exchange examines action is: necessary or appropriate in the information that you wish to make for compliance with BX Rule 4615 and public interest; for the protection of available publicly. All submissions may request information about any investors; or otherwise in furtherance of should refer to File Number SR–BX– customer relationship which concerns the purposes of the Act. If the 2015–067 and should be submitted on the Exchange. Commission takes such action, the or December 14, 2015. The Sponsoring Member remains Commission shall institute proceedings For the Commission, by the Division of responsible for customer activity to determine whether the proposed rule Trading and Markets, pursuant to delegated 23 conducted on the Exchange through the should be approved or disapproved. authority. Robert W. Errett, Customer Agreement, among other IV. Solicitation of Comments obligations. Additionally, Sponsored Deputy Secretary. Participants that obtain access to the Interested persons are invited to [FR Doc. 2015–29709 Filed 11–20–15; 8:45 am] submit written data, views, and Exchange’s System are required to take BILLING CODE 8011–01–P reasonable security precautions and arguments concerning the foregoing, prevent unauthorized use or access to including whether the proposed rule the BX Market, including unauthorized change is consistent with the Act. SECURITIES AND EXCHANGE entry of information into the BX Comments may be submitted by any of COMMISSION the following methods: Market,18 pursuant to the Customer [Release No. 34–76455; File No. SR–EDGA– Agreement. Further, the Sponsored Electronic Comments 2015–42] Participants is responsible to establish • Use the Commission’s Internet Self-Regulatory Organizations; EDGA adequate procedures and controls that comment form (http://www.sec.gov/ Exchange, Inc.; Notice of Filing and permit it to effectively monitor its rules/sro.shtml); or employees’, agents’ and customers’ use • Send an email to rule- Immediate Effectiveness of a Proposed and access to the BX Market for [email protected]. Please include File Rule Change To Amend Rule 11.11, compliance with the terms of this Number SR–BX–2015–067 on the Routing to Away Trading Centers agreement.19 In addition, the Exchange, subject line. November 17, 2015. through its Regulatory Services Pursuant to Section 19(b)(1) of the Agreement with FINRA conducts Paper Comments Securities Exchange Act of 1934 (the reviews of members for compliance • Send paper comments in triplicate ‘‘Act’’),1 and Rule 19b–4 thereunder,2 with BX Rule 4615 and the Market to Secretary, Securities and Exchange notice is hereby given that on November Access Rule. The Exchange has the Commission, 100 F Street NE., 9, 2015, EDGA Exchange, Inc. (the ability to remove access to the port 20 at Washington, DC 20549–1090. ‘‘Exchange’’ or ‘‘EDGA’’) filed with the any time if the activity of the Sponsored All submissions should refer to File Securities and Exchange Commission Participant would warrant such Number SR–BX–2015–067. This file (‘‘Commission’’) the proposed rule removal. Finally, BX Rule 4615 is number should be included on the change as described in Items I and II currently applicable to all BX members subject line if email is used. To help the below, which Items have been prepared that desire to sponsor access for its Commission process and review your by the Exchange. The Exchange has customers and applies to trading in all comments more efficiently, please use designated this proposal as a ‘‘non- securities on the Exchange. only one method. The Commission will controversial’’ proposed rule change C. Self-Regulatory Organization’s post all comments on the Commission’s pursuant to Section 19(b)(3)(A) of the Statement on Comments on the Internet Web site (http://www.sec.gov/ Act 3 and Rule 19b–4(f)(6)(iii) Proposed Rule Change Received From rules/sro.shtml). Copies of the thereunder,4 which renders it effective Members, Participants, or Others submission, all subsequent upon filing with the Commission. The amendments, all written statements Commission is publishing this notice to No written comments were either with respect to the proposed rule solicited or received. change that are filed with the 23 17 CFR 200.30–3(a)(12). Commission, and all written 1 15 U.S.C. 78s(b)(1). 18 See BX Rule 4615(b)(ii)(G). 2 17 CFR 240.19b–4. 19 See BX Rule 4615(b)(ii)(H). 21 15 U.S.C. 78s(b)(3)(A). 3 15 U.S.C. 78s(b)(3)(A). 20 See note 9. 22 17 CFR 240.19b–4(f)(6). 4 17 CFR 240.19b–4(f)(6)(iii).

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solicit comments on the proposed rule System routing table.7 If shares remain LLC (‘‘Nasdaq’’), the Nasdaq OMX BX change from interested persons. unexecuted after routing, they are (‘‘BX’’), Nasdaq OMX PSX (‘‘PSX’’) offer posted to the EDGA Book, unless routing options that enable an order, I. Self-Regulatory Organization’s otherwise instructed by the User.8 In whether sent to Nasdaq, BX, or PSX, to Statement of the Terms of the Substance such case, the User may instruct the check the Nasdaq, BX, and PSX books of the Proposed Rule Change Exchange to cancel the remaining for liquidity before optionally posting to The Exchange filed a proposal to shares. ALLB is designed to comply the Nasdaq, BX, or PSX book.12 In amend Rule 11.11, Routing to Away with Rule 611 and all other provisions addition, BZX previously offered a Trading Centers, to adopt a new routing of Regulation NMS.9 variation of a Destination Specific Order 13 which routed to and executed option to be known as ALLB. 2. Statutory Basis The text of the proposed rule change by its affiliate, BYX, known as the B2B is available at the Exchange’s Web site The Exchange believes that its routing.14 Therefore, the Exchange at www.batstrading.com, at the proposal is consistent with Section 6(b) believes the proposal removes of the Act 10 in general, and furthers the impediments to and perfects the principal office of the Exchange, and at 11 the Commission’s Public Reference objectives of Section 6(b)(5) of the Act mechanism of a free and open market Room. in particular, in that it is designed to and a national market system, and, in promote just and equitable principles of general, protects investors and the II. Self-Regulatory Organization’s trade, to foster cooperation and public interest. Statement of the Purpose of, and coordination with persons engaged in Statutory Basis for, the Proposed Rule facilitating transactions in securities, to B. Self-Regulatory Organization’s Change remove impediments to and perfect the Statement on Burden on Competition mechanism of a free and open market In its filing with the Commission, the The Exchange does not believe that and a national market system and, in Exchange included statements the proposed rule change will result in general, to protect investors and the concerning the purpose of and basis for any burden on competition that is not public interest. The proposed rule the proposed rule change and discussed necessary or appropriate in furtherance change promotes just and equitable any comments it received on the of the purposes of the Act, as amended. principles of trade because it would proposed rule change. The text of these The Exchange provides routing services provide Users with greater flexibility in statements may be examined at the in a highly competitive market in which routing orders consistent with places specified in Item IV below. The participants may avail themselves of a Regulation NMS without developing wide variety of routing options offered Exchange has prepared summaries, set complicated order routing strategies on forth in Sections A, B, and C below, of by self-regulatory organizations, their own. The Exchange believes that alternative trading systems, other the most significant parts of such the proposed routing option will also statements. broker-dealers, market participants’ own accomplish those ends by providing proprietary routing systems, and service A. Self-Regulatory Organization’s market participants with an additional bureaus. In such an environment, Statement of the Purpose of, and voluntary routing option that will system enhancements such as the Statutory Basis for, the Proposed Rule enable them to easily access liquidity changes proposed in this rule filing do Change available on all of the national securities not burden competition, because they exchanges operated by BGM Affiliated 1. Purpose can succeed in attracting order flow to Exchanges. The Exchange expects the the Exchange only if they offer investors The Exchange proposes to amend routing strategy will benefit firms that higher quality and better value than Rule 11.11, Routing to Away Trading do not employ routing or trading services offered by others. Encouraging Centers, to adopt a new routing option strategies under which the firm itself competitors to provide higher quality to be known as ALLB. As proposed, would rapidly access liquidity provided and better value is the essence of a well- ALLB would be a routing option under on the multiple venues. ALLB would functioning competitive marketplace. which the order checks the System 5 for not provide any advantage to Users Lastly, ALLB would not provide any available shares and is then sent to the when routing to the EDGX, BZX, or BYX advantage to Users when routing to the BATS Exchange, Inc. (‘‘BZX’’), BATS Y- as compared to other methods of routing BZX, EDGX, or BYX as compared to Exchange, Inc. (‘‘BYX’’), and the EDGX or connectivity available to Users by the other methods of routing or connectivity Exchange, Inc. (‘‘EDGX’’ collectively Exchange. available to Users by the Exchange. with the Exchange, BZX, and BYX, the Lastly, the Exchange also notes that Therefore, the Exchange does not ‘‘BGM Affiliated Exchanges’’). routing options enabling the routing of believe the proposed rule change will Specifically, an order subject to the orders between affiliated exchanges is ALLB routing option would execute first not unique and that the ALLB routing 12 See Securities Exchange Act Release Nos. against contra-side displayed and non- option is similar to routing options 63900 (February 14, 2011), 76 FR 9397 (February 6 offered by other exchange groups that 17, 2011) (SR-Nasdaq-2011–026); 65470 (October 3, displayed liquidity on the EDGA Book 2011), 76 FR 62489 (October 7, 2011) (SR–BX– at the National Best Bid or Offer permit routing between affiliates. Specifically, the Nasdaq Stock Market 2011–048); and 65469 (October 3, 2011), 76 FR (‘‘NBBO’’) or better. Any remainder, 62486 (October 7, 2011) (SR–Phlx–2011–108) would then be routed to BZX, BYX, (Notices of Filing and Immediate Effectiveness to 7 The term ‘‘System routing table’’ refers to the adopt the CART, BCRT, and PCRT routing options and/or EDGX in accordance with the proprietary process for determining the specific on Nasdaq, BX, and PSX respectively). See also trading venues to which the System routes orders Nasdaq Rule 4758(a)(1)(A)(xi); BX Rule 5 The term ‘‘System’’ is defined as ‘‘the electronic and the order in which it routes them. See 4758(a)(1)(A)(vii); and PSX Rule 3315(a)(1)(A)(vii). communications and trading facility designated by Exchange Rule 11.11(g). 13 See Exchange Rule 11.11(g)(14). 8 the Board through which securities orders of Users The term ‘‘User’’ is defined as ‘‘any Member or 14 See Securities Exchange Act Release No. 63146 are consolidated for ranking, execution and, when Sponsored Participant who is authorized to obtain (October 21, 2010), 75 FR 66170 (October 27, 2010) applicable, routing away.’’ See Exchange Rule access to the System pursuant to Rule 11.3.’’ See (SR–BATS–2010–030). The Exchange notes that 1.5(cc). Exchange Rule 1.5(ee). BYX offered similar routing capabilities to BZX. See 6 The term ‘‘EDGA Book’’ is defined as ‘‘the 9 17 CFR 242.611. Securities Exchange Act Release No. 63299 System’s electronic file of orders.’’ See Exchange 10 15 U.S.C. 78f(b). (November 10, 2010), 75 FR 70325 (November 17, Rule 1.5(d). 11 15 U.S.C. 78f(b)(5). 2010) (SR–BYX–2010–005).

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result in any burden on intermarket temporarily suspend such rule change if should refer to File No. SR–EDGA– competition that is not necessary or it appears to the Commission that such 2015–42, and should be submitted on or appropriate in furtherance of the action is necessary or appropriate in the December 14, 2015. purposes of the Act. public interest, for the protection of For the Commission, by the Division of investors; or otherwise in furtherance of C. Self-Regulatory Organization’s Trading and Markets, pursuant to delegated the purposes of the Act. If the Statement on Comments on the authority.18 Commission takes such action, the Proposed Rule Change Received From Commission shall institute proceedings Robert W. Errett, Members, Participants, or Others to determine whether the proposed rule Deputy Secretary. No comments were solicited or should be approved or disapproved. [FR Doc. 2015–29710 Filed 11–20–15; 8:45 am] received on the proposed rule change. IV. Solicitation of Comments BILLING CODE 8011–01–P III. Date of Effectiveness of the Interested persons are invited to Proposed Rule Change and Timing for submit written data, views, and Commission Action SECURITIES AND EXCHANGE arguments concerning the foregoing, COMMISSION Because the proposed rule change including whether the proposed rule does not: (i) Significantly affect the change is consistent with the Act. [Release No. 34–76449; File No. SR– protection of investors or the public Comments may be submitted by any of NASDAQ–2015–140] interest; (ii) impose any significant the following methods: burden on competition; and (iii) become Self-Regulatory Organizations; The operative for 30 days from the date on Electronic Comments which it was filed, or such shorter time • Use the Commission’s Internet NASDAQ Stock Market LLC; Notice of as the Commission may designate if comment form (http://www.sec.gov/ Filing and Immediate Effectiveness of consistent with the protection of rules/sro.shtml); or Proposed Rule Change Relating to investors and the public interest, the • Send an email to rule-comments@ Sponsored Access sec.gov. Please include File No. SR– proposed rule change has become November 17, 2015. effective pursuant to Section 19(b)(3)(A) EDGA–2015–42 on the subject line. 15 Pursuant to Section 19(b)(1) of the of the Act and paragraph (f)(6) of Rule Paper Comments 19b–4 thereunder.16 The Exchange has Securities Exchange Act of 1934 • given the Commission written notice of Send paper comments in triplicate (‘‘Act’’),1 and Rule 19b–4 thereunder,2 its intent to file the proposed rule to Secretary, Securities and Exchange notice is hereby given that on November change, along with a brief description Commission, 100 F Street NE., 4, 2015, The NASDAQ Stock Market and text of the proposed rule change at Washington, DC 20549–1090. LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed least five business days prior to the date All submissions should refer to File No. with the Securities and Exchange of filing of the proposed rule change, or SR–EDGA–2015–42. This file number Commission (‘‘SEC’’ or ‘‘Commission’’) such shorter time as designated by the should be included on the subject line the proposed rule change as described Commission. if email is used. To help the in Items I, II, and III, below, which Items The Exchange has asked the Commission process and review your have been prepared by NASDAQ. The Commission to waive the 30-day comments more efficiently, please use Commission is publishing this notice to operative delay so that the proposal may only one method. The Commission will solicit comments on the proposed rule become operative immediately upon post all comments on the Commission’s change from interested persons. filing. The Exchange states that having Internet Web site (http://www.sec.gov/ this additional voluntary routing option rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s will give market participants greater submission, all subsequent Statement of the Terms of Substance of flexibility in routing orders and allow amendments, all written statements the Proposed Rule Change them to more easily access liquidity on with respect to the proposed rule NASDAQ proposes to amend Nasdaq BGM Affiliated exchanges. In addition, change that are filed with the Rule 4615 entitled, ‘‘Sponsored the Exchange states that the proposed Commission, and all written Participants’’ to: (1) Define the term rule change is similar to a routing communications relating to the ‘‘Sponsored Access’’ and ‘‘Customer option offered by other exchanges and proposed rule change between the Agreement;’’ (2) specify the does not propose any new or unique Commission and any person, other than requirements to comply with Rule functionality. Based on the foregoing, those that may be withheld from the 15c3–5 under the Securities Exchange the Commission believes that the waiver public in accordance with the Act of 1934 (‘‘Market Access Rule’’); and of the operative delay is consistent with provisions of 5 U.S.C. 552, will be the protection of investors and the available for Web site viewing and (3) remove the requirement that each public interest.17 Therefore, the printing in the Commission’s Public Sponsored Participant and each Commission hereby waives the Reference Room, 100 F Street NE., Sponsoring Member must enter into operative delay and designates the Washington, DC 20549 on official certain agreements with the Exchange. proposal operative upon filing. business days between the hours of The text of the proposed rule change At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of such is available on the Exchange’s Web site filing of the proposed rule change, the filing also will be available for at http:// Commission summarily may inspection and copying at the principal www.nasdaq.cchwallstreet.com, at the office of the Exchange. All comments principal office of the Exchange, and at 15 15 U.S.C. 78s(b)(3)(A). received will be posted without change; the Commission’s Public Reference 16 17 CFR 240.19b–4. the Commission does not edit personal Room. 17 For purposes only of waiving the 30-day identifying information from operative delay, the Commission has also considered the proposed rule’s impact on submissions. You should submit only 18 17 CFR 200.30–3(a)(12). efficiency, competition, and capital formation. See information that you wish to make 1 15 U.S.C. 78s(b)(1). 15 U.S.C. 78c(f). available publicly. All submissions 2 17 CFR 240.19b–4.

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II. Self-Regulatory Organization’s member permits its customers to enter member compliance with the Market Statement of the Purpose of, and orders into the Exchange’s System that Access Rule. Statutory Basis for, the Proposed Rule bypass the member’s trading system and Elimination of Certain Contract Change are routed directly to the Exchange, Requirements In its filing with the Commission, the including routing through a service bureau or other third party technology At this time, the Exchange proposes to Exchange included statements remove requirements to submit certain concerning the purpose of and basis for provider.’’ This definition was derived from the Commission’s description of forms to the Exchange. There are three the proposed rule change and discussed forms that are currently required by any comments it received on the Sponsored Access used in the release 4 Nasdaq Rule 4615: (1) An agreement proposed rule change. The text of these approving the Market Access Rule. The Exchange believes that defining between the Sponsored Participant and statements may be examined at the the Exchange (‘‘Exchange Agreement’’); places specified in Item IV below. The Sponsored Access in Nasdaq Rule 4615 will provide market participants with (2) a User Agreement between the Exchange has prepared summaries, set Sponsored Participant and its forth in sections A, B, and C below, of greater clarity concerning Sponsored Access and their obligations with Sponsoring Member that is provided to the most significant aspects of such the Exchange; and (3) a Notice of statements. respect to this type of access arrangement. Consent provided to the Exchange by A. Self-Regulatory Organization’s the Sponsoring Member. NASDAQ Rule Statement of the Purpose of, and Defining Customer Agreement 4615 will continue to require that each Sponsored Participants enter into a Statutory Basis for, the Proposed Rule The Exchange proposes to amend Change Customer Agreement with each Nasdaq Rule 4615(b)(i) to define the Sponsoring member to establish proper 1. Purpose agreement that Sponsored Participants relationship(s) and account(s) through must enter into and maintain with one The purpose of the filing is to amend which the Sponsored Participant may or more Sponsoring Members to Nasdaq Rule 4615 entitled, ‘‘Sponsored trade on the Nasdaq Market Center. establish proper relationship(s) and Participants’’ to: (1) Define the term These Customer Agreement(s) must account(s) through which the Sponsored ‘‘Sponsored Access,’’ and specifically incorporate the Sponsorship Provisions Participant may trade on the Nasdaq stating that compliance with the Market set forth in paragraph (ii) in Nasdaq Market Center, as a ‘‘Customer 6 Access Rule is required, and defining Rule 4615. The Customer Agreement Agreement.’’ ‘‘Customer Agreement’’ to refer to the remains unaffected by this rule agreement that must be executed Market Access Rule proposal. Also, the Exchange is between the Sponsoring Participant and proposing to amend Nasdaq Rule 4615 the Sponsoring Member; (2) specify the Pursuant to Nasdaq Rule 4615, the to identify the aforementioned requirements to comply with the Market Sponsoring Member is responsible for agreement as the ‘‘Customer Access Rule; and (3) remove the the activities of the Sponsored Agreement.’’ requirement that each Sponsored Participant. Sponsored Participants are Today, only members may request Participant and each Sponsoring required to have procedures in place to connectivity to the Exchange. A member Member must enter into certain comply with Exchange rules, and the may obtain one or more ports for the agreements with the Exchange to Sponsoring Member takes responsibility purpose of providing Sponsored Access. streamline its rule and remove for the Sponsored Participant’s activity If separate ports are requested by a unnecessarily burdensome notice on the Exchange. Members may have member for the purpose of providing requirements to the Exchange. multiple Sponsored Access Sponsored Access, the member must relationships in place at a given time. request those ports from the Exchange Defining Sponsored Access The Exchange’s examination program and the member is responsible for the A Sponsored Participant may be a assesses compliance with Nasdaq Rule Sponsored Participant’s activity on the member or a non-member of the 4615, among other rules.5 The Exchange Exchange. In all circumstances, the Exchange, such as an institutional proposes to specifically enumerate Exchange will only permit members to investor, that gains access to the within Nasdaq Rule 4615 the member’s request connectivity to the market and Exchange 3 and trades under a obligation to comply with the Market the member is responsible for all Sponsoring Member’s execution and Access Rule, which members are customer orders submitted through the clearing identity pursuant to currently required to comply with member’s port. First, the Exchange believes that sponsorship arrangements currently set respecting [sic] market access. The completing and submitting the forth in Nasdaq Rule 4615. The Exchange believes that specifying the Exchange Agreement, User Agreement Exchange is proposing to define the obligation to comply with the Market and Notice of Consent is unnecessarily term ‘‘Sponsored Access’’ to clarify the Access Rule specifically will reinforce burdensome in light of the current type of market access arrangement that that Nasdaq Rule 4615 presupposes structure in place at the Exchange. Only is subject to Nasdaq Rule 4615. The members may request connectivity to Exchange proposes to amend Nasdaq 4 The Market Access Rule, among other things, the Exchange by contacting Nasdaq Rule 4615(a) to add the following requires broker-dealers providing others with access definition, ‘‘Sponsored Access shall to an exchange or alternative trading system to establish, document, and maintain a system of risk 6 The Customer Agreement is required to include, mean an arrangement whereby a management controls and supervisory procedures among other language, all orders entered by the reasonably designed to manage the financial, Sponsored Participants and any person acting on 3 For example, a broker-dealer may allow its regulatory, and other risks of providing such access. behalf of or in the name of such Sponsored customer—whether an institution such as a hedge See Securities Exchange Act Release No. 63241 Participant and any executions occurring as a result fund, mutual fund, bank or insurance company, an (November 3, 2010), 75 FR 69792 (November 15, of such orders are binding in all respects on the individual, or another broker-dealer—to use the 2010). Sponsoring Member and, also, Sponsoring Member broker-dealer’s MPID, account or other mechanism 5 The Exchange has a Regulatory Services is responsible for any and all actions taken by such or mnemonic used to identify a market participant Agreement with Financial Industry Regulatory Sponsored Participant and any person acting on for the purposes of electronically accessing the Authority (‘‘FINRA’’) to conduct regulatory behalf of or in the name of such Sponsored Exchange. examinations, among other obligations. Participant.

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Subscriber Services. Such connection by Sponsored Participant will be made relationship between the Sponsoring the member requires approval by the aware of its obligations through the Member and the Sponsored Participant. Exchange for the purpose of testing as Customer Agreement that it executed However, as noted above, the well as other relevant information with the Sponsoring Member. As noted Exchange’s regulatory group may sharing with the Exchange by the above, the Exchange only permits its request information about a particular member to obtain a port. The Exchange members to request connectivity to the customer relationship as it deems is aware of the member responsible for Exchange’s System and members necessary.12 Further, the Exchange is each of its ports, however the Exchange responsible for all trades submitted made aware of the existence of ports may not be aware of the member’s through such ports. Pursuant to Nasdaq when the Sponsoring Member requests Sponsored Access arrangements due to Rule 4615 the trading activity of a connectivity to the Exchange and the varied ways that a member may utilize Sponsored Participant must be Members are responsible for all trading a port. The Exchange believes the monitored by the Sponsoring Member activity by its Sponsored Participant. In requirement to also complete and for compliance with the terms of the addition, the Exchange, through its submit an Exchange Agreement, User Customer Agreement with the Regulatory Services Agreement with the Agreement and Notice of Consent with Sponsoring Participant.10 Finally, the Financial Industry Regulatory Authority our Nasdaq Membership Department is member continues to be obligated to (FINRA), reviews for member viewed as unnecessarily burdensome by comply with Nasdaq Rule 4615 and the compliance with Nasdaq Rule 4615 and members because of the multitude of Market Access Rule. The Sponsoring the Market Access Rule. The Exchange relationships the member has with Member is responsible for any and all has the ability to remove access to the various customers. Members have actions taken by such Sponsored port 13 at any time if the activity of the expressed to the Exchange that they Participant and any person acting on Sponsored Participant would warrant have multiple relationships with behalf of or in the name of such such removal. customers, which customer Sponsored Participant. In light of the foregoing, the 7 Nasdaq Rule 4615 requires that the relationships change over time. requirement to complete and submit an Sponsored Participant and the Members have indicated that the Exchange Agreement and Notice of Sponsored Member maintain a necessity to continuously disclose the Consent with the Nasdaq Membership Customer Agreement to ensure updated customer relationships to the Department is viewed as unnecessarily compliance with the Exchange’s Rules Exchange is burdensome and burdensome by members, who must and obligations related to security, unnecessary as they remain responsible update their customer relationships among other things.11 Nasdaq Rule 4615 for all activity conducted on the internally and provides such requires that the Customer Agreement Exchange through a port assigned to the information upon Exchange request. member. Further such information is specify that the Sponsored Participant available to the Exchange upon shall maintain, keep current and Finally, the Exchange notes it is Exchange request from its regulatory provide to the Sponsoring Member a list correcting a capitalization in Nasdaq group.8 of individuals authorized to obtain Rule 4615(ii)(C). Second, the Exchange believes that access to the Exchange on behalf of the 2. Statutory Basis the Exchange Agreement between the Sponsored Participant and provide Sponsored Participant and the Exchange appropriate training. In addition, The Exchange believes that its is also unnecessarily burdensome. The pursuant to the Customer Agreement proposal is consistent with Section 6(b) requirement to provide this form was provisions, the Sponsored Participant is of the Act 14 in general, and furthers the intended to give the Exchange required to take reasonable security objectives of Section 6(b)(5) of the Act 15 notification that such a relationship precautions to prevent unauthorized use in particular, in that it is designed to existed and to ensure that the or access to the Exchange, including promote just and equitable principles of Sponsored Participant was informed of unauthorized entry of information into trade, to remove impediments to and the Exchange’s Limited Liability the Exchange, or the information and perfect the mechanism of a free and Company Agreement, Bylaws, Rules and data made available therein. Finally, the open market and a national market procedures. The agreements also Customer Agreement must provide that system, and, in general to protect provided the Exchange with contractual the Sponsored Participant is responsible investors and the public interest, by privity, which would no longer exist for any and all orders, trades and other enhancing the risk protections available with the removal of the Exchange messages and instructions entered, to Exchange members. Agreement. The Exchange does not transmitted or received under Defining Sponsored Access believe the loss of privity with the identifiers, passwords and security Sponsored Participant creates a concern codes of authorized individuals, and for Adding a definition of Sponsored as the Exchange has the ability to the trading and other consequences Access will assist market participants to remove access to the port 9 at any time thereof, including granting understand the type of arrangements if the activity of the Sponsored unauthorized access to the Exchange. that are subject to Nasdaq Rule 4615 and Participant warrants such removal. In The contents and the requirement for a such clarity will serve to promote just addition, as discussed below, the Customer Agreement are unchanged. and equitable principles of trade. Pursuant to Nasdaq Rule 4615 the Members have indicated, and the 7 For example, a broker-dealer’s customers, which Sponsoring Member must provide a Exchange believes, that adding the could include hedge funds, institutional investors, Notice of Consent to the Exchange. The Sponsored Access definition will individual investors, and other broker-dealers. Exchange believes that a Notice of 8 See Nasdaq Rule 8210. provide members with additional 9 Nasdaq Rule 4611, entitled ‘‘Nasdaq Market Consent provided to the Exchange by guidance with respect to Nasdaq Rule Center Participant Registration’’ permits Nasdaq to the Sponsoring Member is also 4615. impose upon any Nasdaq Market Maker, Nasdaq unnecessarily burdensome. The Notice ECN or Order Entry Firm such temporary of Consent notifies the Exchange of the 12 restrictions upon the automated entry or updating See Nasdaq Rule 8210. of orders or Quotes/Orders as Nasdaq may 13 See note 9. determine to be necessary to protect the integrity of 10 See Nasdaq Rule 4615(b)(ii)(G). 14 15 U.S.C. 78f(b). Nasdaq’s systems. 11 See Nasdaq Rule 4615(b)(ii)(B). 15 15 U.S.C. 78f(b)(5).

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Defining Customer Agreement remains in effect. The Exchange believes Elimination of Certain Contract Defining the agreement that that the Notice of Consent is Requirements Sponsored Participants must enter into unnecessary as Sponsoring Members Removing the requirement to and maintain with one or more must request connectivity to the complete an Exchange Agreement, User Sponsoring Members to establish proper Exchange as well as enter into a Agreement and Notice of Consent under relationship(s) and account(s) through Customer Agreement with the Nasdaq Rule 4615 does not create an which the Sponsored Participant may Sponsored Participant. Finally, as is the undue burden on competition. The trade on the Nasdaq Market Center, as case with other Exchange Rules, the Exchange believes that this requirement a ‘‘Customer Agreement’’ will also serve Exchange examines for compliance with is unnecessarily burdensome as the to provide members with clarity on the Nasdaq Rule 4615 and may request Exchange’s regulatory group may agreement that the Exchange will information about any customer request information about a particular continue to require and the obligations relationship which concerns the customer relationship as it deems that are contained within the Customer Exchange. necessary.17 Further, the Exchange is Agreement. This amendment is non- The requirement to also complete and made aware of the existence of ports substantive. submit an Exchange Agreement, User when the Sponsoring Member requests Market Access Rule Agreement and a Notice of Consent with connectivity to the Exchange and the our Nasdaq Membership Department is Members are responsible for all trading Members continue to be required to viewed as unnecessarily burdensome by activity by its Sponsored Participant. In comply with Rule 4615 and the Market members, who must update their order to obtain connectivity to the Access Rule. The Exchange believes that customer relationships internally. Exchange, members are required to specifically enumerating the member’s B. Self-Regulatory Organization’s contact Nasdaq Subscriber Services and responsibility to comply with the request a connection to the market. Market Access Rule will provide Statement on Burden on Competition Such connection requires approval by member’s with additional guidance the Exchange, testing and other security concerning the application of the Rule. The Exchange does not believe that features as well as information sharing This change is non-substantive as the proposed rule change will impose with the Exchange by the member. Only members are currently responsible to any burden on competition not members are permitted to request comply with the Market Access Rule. necessary or appropriate in furtherance of the purposes of the Act for the connectivity to the Exchange. The Elimination of Certain Contract reasons below. requirement to also complete and Requirements submit an Exchange Agreement, User Defining Sponsored Access Removing the requirement to submit Agreement and a Notice of Consent with and complete an Exchange Agreement, The addition of a definition for our Nasdaq Membership Department is User Agreement and Notice of Consent Sponsored Access will assist market viewed as unnecessarily burdensome by will remove impediments to and perfect participants to understand the type of members, who must update their the mechanism of a free and open arrangement subject to Nasdaq Rule customer relationships internally. market by removing a burdensome and 4615 and such clarity will serve to Additionally, the Exchange examines time-consuming requirement for promote just and equitable principles of for compliance with Nasdaq Rule 4615 members. While elimination of the trade. and may request information about any Exchange Agreement requirement will customer relationship which concerns also eliminate the Exchange’s Defining Customer Agreement the Exchange. The Sponsoring Member remains contractual privity with the Sponsored Defining the agreement that Participant, he [sic] Exchange notes that responsible for customer activity Sponsored Participants must enter into conducted on the Exchange through the any potential concerns to the loss of and maintain with one or more privity are mitigated by the Exchange’s Customer Agreement, among other Sponsoring Members to establish proper obligations. Additionally, Sponsored ability to restrict the Sponsored relationship(s) and account(s) through 16 Participants that obtain access to the Participant’s access to a port at any which the Sponsored Participant may time it is warranted by the Sponsored Exchange’s System are required to take trade on the Nasdaq Market Center, as Participant’s trading activity. Also, reasonable security precautions and a ‘‘Customer Agreement’’ does not members have indicated that customer prevent unauthorized use or access to create an undue burden on competition relationships must be frequently the Nasdaq Market Center, including as this amendment is non-substantive updated and it is unnecessarily unauthorized entry of information into and the Exchange believes that burdensome to continuously update the the Nasdaq Market Center,18 pursuant to providing guidance concerning the type Exchange with this information that is the Customer Agreement. Further, the of arrangement subject to Nasdaq Rule available upon request. Connectivity to Sponsored Participants is responsible to 4615 will facilitate member compliance the Exchange is authorized by the establish adequate procedures and and does not unduly burden Exchange and must be requested by a controls that permit it to effectively member of the Exchange. Such competition. monitor its employees’, agents’ and connection requires approval by the Market Access Rule customers’ use and access to the Nasdaq Exchange, testing and other security Market Center for compliance with the features as well as information sharing In addition, the Exchange believes terms of this agreement.19 In addition, with the Exchange by the member. In that specifically enumerating the the Exchange, through its Regulatory addition, Nasdaq Rule 4615 delineates member’s obligation to comply with the Services Agreement with FINRA the terms of the required contractual Market Access Rule does not create an conducts reviews of members for relationship between the Sponsoring undue burden on competition, but compliance with Nasdaq Rule 4615 and Member and the Sponsored Participant rather reinforces the application of the in the Customer Agreement, which Rule. This change is non-substantive as 17 See Nasdaq Rule 8210. members are currently responsible to 18 See Nasdaq Rule 4615(b)(ii)(G). 16 See note 9. comply with the Market Access Rule. 19 See Nasdaq Rule 4615(b)(ii)(H).

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the Market Access Rule. The Exchange Electronic Comments SECURITIES AND EXCHANGE has the ability to remove access to the • COMMISSION port 20 at any time if the activity of the Use the Commission’s Internet Sponsored Participant would warrant comment form (http://www.sec.gov/ Submission for OMB Review; such removal. Finally, Nasdaq Rule rules/sro.shtml); or Comment Request • 4615 is currently applicable to all Send an email to rule-comments@ Upon Written Request, Copies Available Nasdaq members that desire to sponsor sec.gov. Please include File Number SR– From: Securities and Exchange access for its customers and applies to NASDAQ–2015–140 on the subject line. Commission, Office of FOIA Services, trading in all securities on the Paper Comments 100 F Street NE., Washington, DC Exchange. 20549–2736. • C. Self-Regulatory Organization’s Send paper comments in triplicate Extension: Statement on Comments on the to Secretary, Securities and Exchange Form N–8F, SEC File No. 270–136, Proposed Rule Change Received From Commission, 100 F Street NE., OMB Control No. 3235–0157. Washington, DC 20549–1090. Members, Participants, or Others Notice is hereby given that, pursuant All submissions should refer to File No written comments were either to the Paperwork Reduction Act of 1995 solicited or received. Number SR–NASDAQ–2015–140. This (44 U.S.C. 3501 et seq.), the Securities file number should be included on the and Exchange Commission (the III. Date of Effectiveness of the subject line if email is used. To help the ‘‘Commission’’) is soliciting comments Proposed Rule Change and Timing for Commission process and review your on the collection of information Commission Action comments more efficiently, please use summarized below. The Commission only one method. The Commission will plans to submit this existing collection Because the foregoing proposed rule post all comments on the Commission’s of information to the Office of change does not: (i) Significantly affect Internet Web site (http://www.sec.gov/ Management and Budget for extension the protection of investors or the public rules/sro.shtml). Copies of the and approval. interest; (ii) impose any significant submission, all subsequent Form N–8F (17 CFR 274.218) is the burden on competition; and (iii) become amendments, all written statements form prescribed for use by registered operative for 30 days from the date on with respect to the proposed rule investment companies in certain which it was filed, or such shorter time change that are filed with the circumstances to request orders of the as the Commission may designate, it has Commission declaring that the Commission, and all written become effective pursuant to Section registration of that investment company communications relating to the 19(b)(3)(A)(iii) of the Act 21 and cease to be in effect. The form requests subparagraph (f)(6) of Rule 19b–4 proposed rule change between the information about: (i) The investment thereunder.22 Commission and any person, other than company’s identity, (ii) the investment those that may be withheld from the company’s distributions, (iii) the At any time within 60 days of the public in accordance with the filing of the proposed rule change, the investment company’s assets and provisions of 5 U.S.C. 552, will be liabilities, (iv) the events leading to the Commission summarily may available for Web site viewing and temporarily suspend such rule change if request to deregister, and (v) the printing in the Commission’s Public it appears to the Commission that such conclusion of the investment company’s Reference Room, 100 F Street NE., action is: (i) Necessary or appropriate in business. The information is needed by Washington, DC 20549, on official the public interest; (ii) for the protection the Commission to determine whether business days between the hours of of investors; or (iii) otherwise in an order of deregistration is appropriate. 10:00 a.m. and 3:00 p.m. Copies of the furtherance of the purposes of the Act. The Form takes approximately 5.2 filing also will be available for hours on average to complete. It is If the Commission takes such action, the estimated that approximately 150 Commission shall institute proceedings inspection and copying at the principal investment companies file Form N–8F to determine whether the proposed rule office of the Exchange. All comments annually, so the total annual burden for should be approved or disapproved. The received will be posted without change; the form is estimated to be Exchange has provided the Commission the Commission does not edit personal approximately 780 hours. The estimate written notice of its intent to file the identifying information from submissions. You should submit only of average burden hours is made solely proposed rule change, along with a brief for the purposes of the Paperwork description and text of the proposed information that you wish to make available publicly. All submissions Reduction Act and is not derived from rule change, at least five business days a comprehensive or even a prior to the date of filing of the should refer to File Number SR– NASDAQ–2015–140 and should be representative survey or study. proposed rule change. The collection of information on Form submitted on or before December 14, N–8F is not mandatory. The information IV. Solicitation of Comments 2015. provided on Form N–8F is not kept Interested persons are invited to For the Commission, by the Division of confidential. An agency may not submit written data, views, and Trading and Markets, pursuant to delegated conduct or sponsor, and a person is not arguments concerning the foregoing, authority.23 required to respond to, a collection of including whether the proposed rule Robert W. Errett, information unless it displays a change is consistent with the Act. Deputy Secretary. currently-valid OMB control number. Comments may be submitted by any of [FR Doc. 2015–29713 Filed 11–20–15; 8:45 am] Written comments are requested on: (i) Whether the collections of the following methods: BILLING CODE 8011–01–P information are necessary for the proper 20 See note 9. performance of the functions of the 21 15 U.S.C. 78s(b)(3)(a)(iii). Commission, including whether the 22 17 CFR 240.19b–4(f)(6). 23 17 CFR 200.30–3(a)(12). information has practical utility; (ii) the

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accuracy of the Commission’s estimate The text of the proposed rule change or modify a previously established limit, of the burdens of the collection of is available at nasdaq.cchwallstreet.com upon prior written notice to members. information; (iii) ways to enhance the at Nasdaq principal office [sic], and at Nasdaq sets minimum performance quality, utility, and clarity of the the Commission’s Public Reference criteria to qualify as a LMM. These information collected; and (iv) ways to Room. minimum performance standards are minimize the burden of the collection of determined by Nasdaq from time to time information on respondents, including II. Self-Regulatory Organization’s and may vary depending on the price, through the use of automated collection Statement of the Purpose of, and liquidity, and volatility of the Qualified techniques or other forms of information Statutory Basis for, the Proposed Rule Security in which the LMM is technology. Consideration will be given Change registered. Nasdaq may apply to comments and suggestions submitted In its filing with the Commission, performance measurements that include in writing within 60 days of this Nasdaq included statements concerning one or more of the following: (A) publication. the purpose of, and basis for, the Percent of time at the national best bid Please direct your written comments proposed rule change and discussed any (best offer) (‘‘NBBO’’); (B) percent of to Pamela Dyson, Director/Chief comments it received on the proposed executions better than the NBBO; (C) Information Officer, Securities and rule change. The text of those average displayed size; and (D) average Exchange Commission, C/O Remi statements may be examined at the quoted spread (collectively, ‘‘LMM Pavlik-Simon, 100 F Street NE., places specified in Item IV below. The Criteria’’). The LMM Criteria will be Washington, DC 20549; or send an email Exchange has prepared summaries, set established upon written notice to to: [email protected]. forth in sections A, B, and C below, of members. Currently, the established Dated: November 16, 2015. the most significant parts of such LMM Criteria requires a LMM to be at Robert W. Errett, statements. the NBBO more than 15% of the time.4 Deputy Secretary. A. Self-Regulatory Organization’s The Exchange is proposing to provide higher rebates to LMMs the greater [FR Doc. 2015–29745 Filed 11–20–15; 8:45 am] Statement of the Purpose of, and percentage of the time they are at the BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule Change NBBO. Specifically, the Exchange is creating three rebate tiers. The first tier SECURITIES AND EXCHANGE 1. Purpose will provide a LMM a rebate of $0.004 COMMISSION Nasdaq is proposing to amend Rule per share executed for displayed 7014 to add new tiers to the Lead liquidity (for executions above $1) if the [Release No. 34–76450; File No. SR– LMM is at the NBBO more than 15% of NASDAQ–2015–137] Market Maker (‘‘LMM’’) Program and to modify credits provided under Rule the time and up to 20% of the time. The Self-Regulatory Organizations; The 7018(a). second tier will provide a LMM a rebate NASDAQ Stock Market LLC; Notice of of $0.0043 per share executed for Rule 7014 Filing and Immediate Effectiveness of displayed liquidity (for executions Proposed Rule Change To Amend the The Exchange is proposing to modify above $1) if the LMM is at the NBBO Market Quality Incentive Program and the benefits provided by the LMM more than 20% of the time and up to Certain Other Fees and Credits for Program under Rule 7014. Under the 50% of the time. The third tier will Execution and Routing LMM Program, a LMM may receive a provide a LMM a rebate of $0.0046 per credit of $0.004 per share executed (or share executed for displayed liquidity November 17, 2015. $0, in the case of executions against (for executions above $1) if the LMM is Pursuant to Section 19(b)(1) of the Quotes/Orders in the Nasdaq Market at the NBBO more than 50% of the time. Securities Exchange Act of 1934 Center at less than $1.00 per share) if it As is the case currently under the LMM (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 provides displayed liquidity through the Program, a LMM will not receive a notice is hereby given that on November Nasdaq Market Center. The credit rebate for executions less than $1 per 3, 2015, The NASDAQ Stock Market applies to transactions in a Qualified share. LLC (‘‘Nasdaq’’ or the ‘‘Exchange’’) filed Security 3 and is provided in lieu of Under each of the new tiers, the with the Securities and Exchange credits under Rules 7018 and 7014. A Exchange is also providing a new Commission (‘‘Commission’’) a LMM is a registered Nasdaq market maximum fee for participation in the proposed rule change as described in maker for a Qualified Security that has opening and closing crosses as Items I and II below, which Items have committed to maintain minimum additional incentive to LMMs. Under been prepared by the Exchange. The performance standards. A LMM is Rule 7018, a Participant,5 including a Commission is publishing this notice to selected by Nasdaq based on factors LMM, is assessed a per share executed solicit comments on the proposed rule including, but not limited to, experience charge of $0.0015 to $0.0008 for change from interested persons. with making markets in exchange- participation in the Opening and 6 I. Self-Regulatory Organization’s traded funds and index-linked Closing Crosses. Under the LMM Statement of the Terms of the Substance securities, adequacy of capital, Program, the Exchange is proposing to of the Proposed Rule Change willingness to promote Nasdaq as a cap the fee a LMM is charged if they qualify for one of the three new tiers. Nasdaq is proposing to amend Nasdaq marketplace, issuer preference, operational capacity, support personnel, Specifically, Nasdaq will provide a Rule 7014, concerning the Exchange’s maximum Opening and Closing Cross Market Quality Incentive Programs, and and history of adherence to Nasdaq rules and securities laws. Nasdaq may fee of $0.0010 per share executed to a Nasdaq Rule 7018, governing fees and LMM that qualifies under the first tier credits assessed for execution and limit the number of LMMs in a security, routing of securities priced at $1 or 3 A Qualified Security: (1) Is an exchange-traded 4 See Equity Trader Alert 2015–109 (http:// more. fund or index-linked security listed on Nasdaq www.nasdaqtrader.com/ pursuant to Nasdaq Rules 5705, 5710, or 5720; and TraderNews.aspx?id=ETA2015-109). 1 15 U.S.C. 78s(b)(1). (2) has at least one Lead Market Maker. See Rule 5 As defined by Rule 4701(c). 2 17 CFR 240.19b–4. 7014(f)(1). 6 See Rule 7018(d) and (e).

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under new Rule 7014(f)(4), and a all securities through one of its Nasdaq Maker and/or Broker-Dealer liquidity in maximum opening and Closing Cross Market Center MPIDs that represent Penny Pilot Options and/or Non- Penny fee of $0.0000 per share executed to a 1.20% or more of Consolidated Volume Pilot Options of 0.90% or more of total LMM that qualifies under the second or during the month, or (ii) shares of industry ADV in the customer clearing third tier under new Rule 7014(f)(4). A liquidity provided in all securities range for Equity and ETF option LMM that qualifies for a maximum through one or more of its Nasdaq contracts per day in a month on the charge under Rule 7014(f)(4) would not Market Center MPIDs that represent Nasdaq Options Market. Nasdaq is be precluded from taking advantage of 1.20% or more of Consolidated Volume proposing to reduce the level of a lower charge provided under Rules during the month, and shares of required Consolidated Volume under 7018(d) or (e).7 liquidity provided in all securities paragraph (i) of the tier from 0.20% to Nasdaq is also deleting rule text that through one of its Nasdaq Market Center 0.15%. The Exchange is also limiting concerns the performance standards MPIDs that represent 0.75% or more of the type of liquidity allowed to qualify applied under Rule 7014(f). The Consolidated Volume during the month. under paragraph (ii) of the tier to NOM Exchange notes that it is applying the • Eliminate the $0.00295 per share Market Maker. current established LMM criteria 8 executed credit provided to a member under the first tier of Rule 7014(f)(4), with shares of liquidity provided in all 2. Statutory Basis and expanding the use of the criteria securities through one of its Nasdaq Nasdaq believes that the proposed under the second and third tiers. Market Center MPIDs that represent rule change is consistent with the more than 0.90% of Consolidated Nasdaq may apply the other provisions of Section 6 of the Act,9 in Volume during the month. performance measurements noted general, and with Sections 6(b)(4) and • Eliminate the $0.00295 per share currently under Rule 7014(f)(2) in the 6(b)(5) of the Act,10 in particular, in that future and will amend the rule text to executed credit provided to a member (i) that is a registered market maker it provides for the equitable allocation reflect the new criteria based on those of reasonable dues, fees and other performance measurements. Nasdaq is through one of its Nasdaq Market Center MPIDs in at least 7,000 securities, (ii) charges among members and issuers and also making clarifying changes to the other persons using any facility or rule under Rule 7014(f)(3). with shares of liquidity provided in all securities through one of its Nasdaq system which Nasdaq operates or Rule 7018(a) Market Center MPIDs that represent controls and is designed to prevent fraudulent and manipulative acts and Rule 7018(a) concerns fees and credits more than 0.75% of Consolidated Volume during the month, and (iii) with practices, to promote just and equitable provided for the use of the order principles of trade, to foster cooperation execution and routing services of the shares of liquidity provided in all securities through one or more of its and coordination with persons engaged Nasdaq Market Center by members for in regulating, clearing, settling, all securities priced at $1 or more that Nasdaq Market Center MPIDs that represent more than 0.90% of processing information with respect to, it trades. Under the proposed changes to and facilitating transactions in the rule, Nasdaq is proposing to Consolidated Volume during the month. Second, Nasdaq is proposing to add securities, to remove impediments to eliminate certain credit tiers, add new and perfect the mechanism of a free and credit tiers and modify existing credit two new credits that apply to securities of each of the three Tape securities. open market and a national market tier [sic]. system, and, in general, to protect First, Nasdaq is proposing to delete Specifically, Nasdaq is proposing to: • investors and the public interest; and four credit tiers that apply to securities Add a new credit of $0.00305 per are not designed to permit unfair of each of the three Tape securities. share executed to a member with shares discrimination between customers, Specifically, Nasdaq is proposing to: of liquidity provided in all securities • Eliminate the $0.00305 per share through one or more of its Nasdaq issuers, brokers, or dealers. executed credit provided to a member Market Center MPIDs that represent The Commission and the courts have with (i) shares of liquidity provided in more than 1.25% of Consolidated repeatedly expressed their preference Volume during the month. for competition over regulatory all securities through one of its Nasdaq • Market Center MPIDs that represent Add a new credit of $0.0030 per intervention in determining prices, 1.60% or more of Consolidated Volume share executed to a member with shares products, and services in the securities during the month, or (ii) shares of of liquidity provided in all securities markets. In Regulation NMS, for liquidity provided in all securities through one or more of its Nasdaq example, the Commission indicated that through one or more of its Nasdaq Market Center MPIDs that represent market forces should generally Market Center MPIDs that represent more than 0.75% of Consolidated determine the price of non-core market 1.60% or more of Consolidated Volume Volume during the month and member data because national market system during the month, and shares of provides a daily average of at least 5 regulation ‘‘has been remarkably liquidity provided in all securities Million shares of non-displayed successful in promoting market through one of its Nasdaq Market Center liquidity. competition in its broader forms that are MPIDs that represent 0.75% or more of Lastly, the Exchange is proposing to most important to investors and listed Consolidated Volume during the month. amend the eligibility criteria for a credit companies.’’ 11 Likewise, in • Eliminate the $0.0030 per share applied to securities of each of the three NetCoalition v. NYSE Arca, Inc., 615 executed credit provided to a member Tape securities. Currently, Nasdaq F.3d 525 (D.C. Cir. 2010), the DC Circuit with (i) shares of liquidity provided in provides a $0.0030 per share executed upheld the Commission’s use of a credit to a member (i) with shares of market-based approach in evaluating the 7 For example, if a LMM was eligible to receive liquidity provided in all securities fairness of market data fees against a a maximum charge of $0.0010 per share executed during the month representing at least challenge claiming that Congress under the first tier of Rule 7014(f)(4), but also 0.20% of Consolidated Volume during qualified for a charge of $0.0008 per share executed the month, through one or more of its in the closing cross under Tier A of Rule 7018(d)(2), 9 15 U.S.C. 78f. the Participant would receive the lower charge Nasdaq Market Center MPIDs, and (ii) 10 15 U.S.C. 78f(b)(4) and (5). under Rule 7018(d)(2). Adds Customer, Professional, Firm, 11 See Exchange Act Release No. 34–51808 (June 8 Supra note 4. Non-NOM Market Maker, NOM Market 9, 2005) (‘‘Regulation NMS Adopting Release’’).

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mandated a cost-based approach.12 As [sic] Exchange believes that providing the criteria of the new tier may make it the court emphasized, the Commission LMMs a reduced charge in the Opening more attainable for Participants than the ‘‘intended in Regulation NMS that and Closing Crosses is equitable and not deleted $0.0030 tier. The Exchange ‘market forces, rather than regulatory unfairly discriminatory because, in believes that elimination of the requirements’ play a role in determining return for the reduced charges, LMMs $0.00295 credit tiers reasonable [sic] the market data . . . to be made are providing beneficial displayed because no Participants have recently available to investors and at what liquidity to the benefit of all market qualified under the tiers, and the cost.’’ 13 participants. Exchange may accordingly allocate its Further, ‘‘[n]o one disputes that The Exchange believes that the resources in more effective ways to competition for order flow is ‘fierce.’ proposed changes to Rule 7014(f) are an encourage market improving activity. . . . As the SEC explained, ‘[i]n the U.S. equitable allocation and is [sic] not Lastly, the changes to eligibility criteria national market system, buyers and unfairly discriminatory because the to receive a $0.0030 per share executed sellers of securities, and the broker- Exchange will apply the same fees and credit is [sic] reasonable because by dealers that act as their order-routing provide the same rebates to all similarly reducing the amount of Consolidated agents, have a wide range of choices of situated members. The rebates and fees Volume required to receive the credit where to route orders for execution’; under the amended rule are available to but limiting the Nasdaq Options Market [and] ‘no exchange can afford to take its all LMMs that qualify under the new based criteria to market making activity, market share percentages for granted’ tiers of the program. The Exchange does the Exchange believes that it may because ‘no exchange possesses a not believe that the proposed changes provide greater incentive for market monopoly, regulatory or otherwise, in are unfairly discriminatory because all makers to improve liquidity on the the execution of order flow from broker LMMs have the opportunity to achieve Nasdaq Options Market. In addition, dealers’. . . .’’ 14 the level of time at the NBBO if they so because of a limited amount of credits choose. Rule 7014 it can provide, the Exchange chose to Rule 7018 continue to provide this tier to NOM The Exchange believes that the market makers because they actively The Exchange believes that the proposed changes to Rule 7014(f) are provide liquidity to the benefit of all proposed changes to Rule 7018(a) are reasonable because they provide greater NOM participants. In sum, the Exchange reasonable because the Exchange must, incentives to LMMs to improve market believes that the changes to Rule 7018(a) from time to time, adjust the level of quality. The proposed changes achieve are reasonable because the Exchange has credits provided, and the criteria this by increasing the rebate provided determined that the new tiers may better required to receive them, to provide the under the rule. Currently, a LMM only promote provision of liquidity and use most efficient allocation of credits in is provided an incentive to be at the of non-displayed orders on the NBBO greater than 15% of the time, but terms of market improving behavior. In this regard, Nasdaq is limited in the Exchange, which improves market is not provided any further incentive to quality for all market participants. exceed the threshold beyond what is amount of credits that it can provide to The Exchange believes that the needed to receive the current credit. To market participants. The Exchange proposed changes to Rule 7018(a) are an provide an incentive to exceed the determined that the eliminated credit equitable allocation and are not unfairly current 15% threshold, Nasdaq is tiers no longer provided the most discriminatory because the Exchange adding additional higher credit tiers efficient and effective use of the credits will provide the same credits to all based on a greater percentage of time at it is able to provide. With regard to the similarly situated members. The credits the NBBO. Nasdaq is also providing an eliminated $0.00295 credit tiers, Nasdaq Nasdaq provides are designed to Opening and Closing Cross incentive observed that no Participants qualified improve market quality for all market under each new tier, which does not for the fees recently, rendering them participants, and Nasdaq allocates its exist today. Nasdaq believes increasing ineffective at providing incentive. With credits in a manner that it believes are the rebates available to LMMs and regard to the eliminated $0.00305 and the most likely to achieve that result. limiting the charge assessed for $0.0030 credit tiers, Nasdaq does not Elimination of the existing credits under participation in the Opening and believe that they are achieving an the rule is an equitable allocation and is Closing Crosses will improve market adequate level of qualifying beneficial not unfairly discriminatory because the quality for all market participants market activity and is consequently credits were ineffective at providing because it may provide incentive to replacing them with two new credit adequate incentive to Participants to LMMs to add liquidity in the opening tiers of the same amount. The Exchange provide market improving order and closing processes as well as during is now requiring a reduced level of activity. Consequently, the Exchange is regular market hours. Nasdaq also Consolidated Volume to qualify for the proposing to change the criteria needed believes deletion of the language new $0.00305 per share executed credit to receive $0.00305 and $0.0030 credits concerning minimum performance tier and is not applying the additional by adopting new tiers it believes will be standards under Rule 7014(f)(2) is criteria of the deleted $0.00305 credit tier. Consequently, the Exchange more effective. The Exchange believes reasonable because new Rule 7014(f)(4) believes that the change may provide a that elimination of the $0.00295 credit now provides the performance criteria more attainable level of incentive tiers is an equitable allocation and is not needed to receive the rebates and fees thereby promoting Participants to unfairly discriminatory because no under the program, which is based on provide the liquidity needed to qualify participants qualified under the tiers, the current criteria in place. If Nasdaq for the tier. To receive a $0.0030 per therefore their removal will not impact determines to modify the criteria, it will share executed credit under the any Participants. With regard to the do so through a rule change in lieu of proposed new tier, a Participant must changes to eligibility criteria to receive written notice to members. Lastly, The provide a significantly reduced level of a $0.0030 per share executed credit, the Exchange believes that they are an 12 See NetCoalition, 615 F.3d at 534. Consolidated Volume, but must also 13 Id. at 537. provide a daily average of at least 5 equitable allocation and are not unfairly 14 NetCoalition I, 615 F.3d at 539 (quoting million shares of non-displayed discriminatory because Nasdaq must be ArcaBook Order, 73 FR at 74782–74783). liquidity. The Exchange believes that selective in providing credits to

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Participants, and allocates credits to thereof. Such changes are reflective of Commission process and review your where it believes it will receive the best robust competition among exchanges comments more efficiently, please use result in terms of improvement to and other market venues. In sum, if the only one method. The Commission will market quality. In this case, Nasdaq is changes proposed herein are post all comments on the Commission’s limiting the credit to NOM market unattractive to market participants it is Internet Web site (http://www.sec.gov/ makers because it believes that market likely that Nasdaq will lose market rules/sro.shtml). Copies of the quality will be improved the most by share as a result. As such, the Exchange submission, all subsequent market makers actively providing does not believe the proposed changes amendments, all written statements liquidity and this benefits both Nasdaq will place a burden on competition. with respect to the proposed rule and NOM participants. change that are filed with the C. Self-Regulatory Organization’s Commission, and all written B. Self-Regulatory Organization’s Statement on Comments on the communications relating to the Statement on Burden on Competition Proposed Rule Change Received From proposed rule change between the Nasdaq does not believe that the Members, Participants, or Others Commission and any person, other than proposed rule changes will result in any Written comments were neither those that may be withheld from the burden on competition that is not solicited nor received. public in accordance with the necessary or appropriate in furtherance provisions of 5 U.S.C. 552, will be III. Date of Effectiveness of the of the purposes of the Act, as available for Web site viewing and 15 Proposed Rule Change and Timing for amended. Nasdaq notes that it printing in the Commission’s Public Commission Action operates in a highly competitive market Reference Room, 100 F Street NE., in which market participants can The foregoing change has become Washington, DC 20549 on official readily favor competing venues if they effective pursuant to Section business days between the hours of deem fee levels at a particular venue to 19(b)(3)(A)(ii) of the Act 16 and Rule 10:00 a.m. and 3:00 p.m. Copies of such be excessive, or rebate opportunities 19b–4(f)(2) thereunder.17 At any time filing also will be available for available at other venues to be more within 60 days of the filing of such inspection and copying at the principal favorable. In such an environment, proposed rule change, the Commission office of the Exchange. All comments Nasdaq must continually adjust its fees summarily may temporarily suspend received will be posted without change; to remain competitive with other such rule change if it appears to the the Commission does not edit personal exchanges and with alternative trading Commission that such action is identifying information from systems that have been exempted from necessary or appropriate in the public submissions. You should submit only compliance with the statutory standards interest, for the protection of investors, information that you wish to make applicable to exchanges. Because or otherwise in furtherance of the available publicly. All submissions competitors are free to modify their own purposes of the Act. If the Commission should refer to File No. SR–NASDAQ– fees in response, and because market takes such action, the Commission shall 2015–137, and should be submitted on participants may readily adjust their institute proceedings under Section or before December 14, 2015. order routing practices. [sic] 18 19(b)(2)(B) of the Act to determine For the Commission, by the Division of In this instance, the proposed changes whether the proposed rule change Trading and Markets, pursuant to delegated to the LMM Program and the charges should be approved or disapproved. authority.19 assessed and credits available to Robert W. Errett, Participants for execution of securities IV. Solicitation of Comments Deputy Secretary. in securities of all three Tapes do not Interested persons are invited to [FR Doc. 2015–29705 Filed 11–20–15; 8:45 am] impose a burden on competition submit written data, views, and BILLING CODE 8011–01–P because the Exchange’s execution arguments concerning the foregoing, services are completely voluntary and including whether the proposed rule subject to extensive competition both change is consistent with the Act. SECURITIES AND EXCHANGE from other exchanges and from off- Comments may be submitted by any of COMMISSION exchange venues. The Exchange is the following methods: modifying a market improving incentive [Release No. 34–76452; File No. SR–Phlx– program and is also adjusting credit Electronic Comments 2015–93] tiers provided Participants in return for • Use the Commission’s Internet Self-Regulatory Organizations; market improving activity, in an effort comment form (http://www.sec.gov/ to make them more effective. Such NASDAQ OMX PHLX LLC; Notice of rules/sro.shtml); or Filing and Immediate Effectiveness of changes may foster competition among • Send an email to rule-comments@ Proposed Rule Change Relating to exchanges and other market venues to sec.gov. Please include File No. SR– Sponsored Access provide similar incentives, which NASDAQ–2015–137 on the subject line. would benefit all market participants. Paper Comments November 17, 2015. The Exchange must weigh the costs of Pursuant to Section 19(b)(1) of the offering incentives to market • Send paper comments in triplicate Securities Exchange Act of 1934 participants against the desired benefit to Secretary, Securities and Exchange (‘‘Act’’),1 and Rule 19b–4 thereunder,2 the Exchange seeks to achieve. To the Commission, 100 F Street NE., notice is hereby given that on November extent these incentives are inefficient or Washington, DC 20549–1090. 4, 2015, NASDAQ OMX PHLX LLC at [sic] fail to achieve these goals, the All submissions should refer to File No. (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Exchange may from time to time adjust SR–NASDAQ–2015–137. This file Securities and Exchange Commission the level of incentive and/or the market number should be included on the (‘‘SEC’’ or ‘‘Commission’’) the proposed improving activity required to qualify subject line if email is used. To help the rule change as described in Items I, II, for the incentive credits and fees, or adopt an alternative incentive in lieu 16 15 U.S.C. 78fs(b)(3)(A)(ii). 19 17 CFR 200.30–3(a)(31). 17 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). 15 15 U.S.C. 78f(b)(8). 18 15 U.S.C. 78fs(b)(2)(B). 2 17 CFR 240.19b–4.

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and III, below, which Items have been certain agreements with the Exchange to agreement that Sponsored Participants prepared by the Exchange. The streamline its rule and remove must enter into and maintain with one Commission is publishing this notice to unnecessarily burdensome notice or more Sponsoring Member solicit comments on the proposed rule requirements to the Exchange; and (4) Organizations to establish proper change from interested persons. remove PSX Rule 3211, entitled relationship(s) and account(s) through ‘‘Application of Other Rules of the which the Sponsored Participant may I. Self-Regulatory Organization’s Exchange,’’ because Phlx Rule 1094 will trade on the Exchange, as a ‘‘Customer Statement of the Terms of Substance of be applicable to market participants Agreement.’’ the Proposed Rule Change trading on PSX, and remove the The Exchange proposes to amend definitions of Sponsored Participant and Market Access Rule Rule 1094, entitled ‘‘Sponsored Sponsoring Member Organization in Pursuant to Phlx Rule 1094, the Participants’’ (1) define the term Rule 1, which relate to PSX Rules. Sponsoring Member Organization is ‘‘Sponsored Access’’ and ‘‘Customer responsible for the activities of the Defining Sponsored Access Agreement;’’ (2) specify the Sponsored Participant. Sponsored requirements to comply with Rule A Sponsored Participant may be a Participants are required to have 15c3–5 under the Securities Exchange member or a non-member of the procedures in place to comply with Act of 1934 (‘‘Market Access Rule’’); (3) Exchange, such as an institutional Exchange rules, and the Sponsoring remove the requirement that each investor, that gains access to the Member Organization takes Sponsored Participant and each Exchange 3 and trades under a responsibility for the Sponsored Sponsoring Member Organization must Sponsoring Member Organization’s Participant’s activity on the Exchange. enter into certain agreements with the execution and clearing identity Members may have multiple Sponsored Exchange; and (4) remove PSX Rule pursuant to sponsorship arrangements Access relationships in place at a given 3211 as well as certain definitions. currently set forth in Phlx Rule 1094. time. The Exchange’s examination The text of the proposed rule change The Exchange is proposing to define the program assesses compliance with Phlx is available on the Exchange’s Web site term ‘‘Sponsored Access’’ to clarify the Rule 1094, among other rules.5 The at http:// type of market access arrangement that Exchange proposes to specifically nasdaqomxphlx.cchwallstreet.com/, at is subject to Phlx Rule 1094. The enumerate within Phlx Rule 1094 the the principal office of the Exchange, and Exchange proposes to amend Phlx Rule member’s obligation to comply with the at the Commission’s Public Reference 1094(a) to add the following definition, Market Access Rule, which members are Room. ‘‘Sponsored Access shall mean an currently required to comply with arrangement whereby a member respecting market access. The Exchange II. Self-Regulatory Organization’s organization permits its customers to believes that specifying the obligation to Statement of the Purpose of, and enter orders into the Exchange’s trading comply with the Market Access Rule Statutory Basis for, the Proposed Rule system that bypass the member specifically will reinforce that Phlx Rule Change organization’s trading system and are 1094 presupposes member compliance In its filing with the Commission, the routed directly to the Exchange, with the Market Access Rule. Exchange included statements including routing through a service concerning the purpose of and basis for bureau or other third party technology Elimination of Certain Contract the proposed rule change and discussed provider.’’ This definition was derived Requirements any comments it received on the from the Commission’s description of At this time, the Exchange proposes to proposed rule change. The text of these Sponsored Access used in the release remove requirements to submit certain statements may be examined at the approving the Market Access Rule.4 The forms to the Exchange. There are three places specified in Item IV below. The Exchange believes that defining forms that are currently required by Exchange has prepared summaries, set Sponsored Access in Phlx Rule 1094 Phlx Rule 1094: (1) An agreement forth in sections A, B, and C below, of will provide market participants with between the Sponsored Participant and the most significant aspects of such greater clarity concerning Sponsored the Exchange (‘‘Exchange Agreement’’); statements. Access and their obligations with (2) an Access Agreement between the respect to this type of access Sponsored Participant and its A. Self-Regulatory Organization’s arrangement. Sponsoring Member Organization that is Statement of the Purpose of, and provided to the Exchange; and (3) a Statutory Basis for, the Proposed Rule Defining Customer Agreement Sponsored Participant Addendum to its Change The Exchange proposes to amend Access Agrement (hereinafter 1. Purpose Phlx Rule 1094(b)(i) to define the ‘‘addendum’’) provided to the Exchange by the Sponsoring Member The purpose of the filing is to amend 3 For example, a broker-dealer may allow its Organization. Phlx Rule 1094 will Rule 1094 entitled, ‘‘Sponsored customer—whether an institution such as a hedge Participants’’ to: (1) Define the term fund, mutual fund, bank or insurance company, an continue to require that each Sponsored ‘‘Sponsored Access,’’ and specifically individual, or another broker-dealer—to use the Participants enter into a Customer broker-dealer’s MPID, account or other mechanism stating that compliance with the Market Agreement with each Sponsoring or mnemonic used to identify a market participant member to establish proper Access Rule is required, and defining for the purposes of electronically accessing the ‘‘Customer Agreement’’ to refer to the Exchange. relationship(s) and account(s) through agreement that must be executed 4 The Market Access Rule, among other things, which the Sponsored Participant may requires broker-dealers providing others with access trade on the Exchange. These Customer between the Sponsoring Participant and to an exchange or alternative trading system to the Sponsoring Member Organization; Agreement(s) must incorporate the establish, document, and maintain a system of risk Sponsorship Provisions set forth in (2) specify the requirements to comply management controls and supervisory procedures with the Market Access Rule; (3) remove reasonably designed to manage the financial, regulatory, and other risks of providing such access. 5 The Exchange has a Regulatory Services the requirement that each Sponsored See Securities Exchange Act Release No. 63241 Agreement with Financial Industry Regulatory Participant and each Sponsoring (November 3, 2010), 75 FR 69792 (November 15, Authority (‘‘FINRA’’) to conduct regulatory Member Organization must enter into 2010). examinations, among other obligations.

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paragraph (ii) in Phlx Rule 1094.6 The necessity to continuously disclose the maintain a Customer Agreement to Customer Agreement remains updated customer relationships to the ensure compliance with the Exchange’s unaffected by this rule proposal. Also, Exchange is burdensome and Rules and obligations related to the Exchange is proposing to amend unnecessary as they remain responsible security, among other things.11 Phlx Phlx Rule 1094 to identify the for all activity conducted on the Rule 1094 requires that the Customer aforementioned agreement as the Exchange through a port assigned to the Agreement specify that the Sponsored ‘‘Customer Agreement.’’ member. Further such information is Participant shall maintain, keep current Today, only members may request available to the Exchange upon and provide to the Sponsoring Member connectivity to the Exchange. A member Exchange request from its regulatory a list of individuals authorized to obtain may obtain one or more ports for the group.8 access to the Exchange on behalf of the purpose of providing Sponsored Access. Second, the Exchange believes that Sponsored Participant and provide If separate ports are requested by a the Exchange Agreement between the appropriate training. In addition, member for the purpose of providing Sponsored Participant and the Exchange pursuant to the Customer Agreement Sponsored Access, the member must is also unnecessarily burdensome. The provisions, the Sponsored Participant is request those ports from the Exchange requirement to provide this form was required to take reasonable security and the member is responsible for the intended to give the Exchange precautions to prevent unauthorized use Sponsored Participant’s activity on the notification that such a relationship or access to the Exchange, including Exchange. In all circumstances, the existed and to ensure that the unauthorized entry of information into Exchange will only permit members to Sponsored Participant was informed of the Exchange, or the information and request connectivity to the market and the Exchange’s Limited Liability data made available therein. Finally, the the member is responsible for all Company Agreement, By-Laws, Rules Customer Agreement must provide that customer orders submitted through the and procedures. The agreements also the Sponsored Participant is responsible member’s port. provided the Exchange with contractual for any and all orders, trades and other First, the Exchange believes that privity, which would no longer exist messages and instructions entered, completing and submitting the with the removal of the Exchange transmitted or received under Exchange Agreement, Access Agreement Agreement. The Exchange does not identifiers, passwords and security and Addendum is unnecessarily believe the loss of privity with the codes of authorized individuals, and for burdensome in light of the current Sponsored Participant creates a concern the trading and other consequences structure in place at the Exchange. Only as the Exchange has the ability to thereof, including granting members may request connectivity to remove access to the port 9 at any time unauthorized access to the Exchange. the Exchange by contacting Phlx if the activity of the Sponsored The contents and the requirement for a Subscriber Services. Such connection by Participant warrants such removal. In Customer Agreement are unchanged. the member requires approval by the addition, as discussed below, the Pursuant to Phlx Rule 1094 the Exchange for the purpose of testing as Sponsored Participant will be made Sponsoring Member Organization must well as other relevant information aware of its obligations through the provide an Addendum to the Exchange. sharing with the Exchange by the Customer Agreement that it executed The Exchange believes that the member to obtain a port. The Exchange with the Sponsoring Member. As noted Addendum provided to the Exchange by is aware of the member responsible for above, the Exchange only permits its the Sponsoring Member Organization is each of its ports, however the Exchange members to request connectivity to the also unnecessarily burdensome. The may not be aware of the member’s Exchange’s System and members Addendum notifies the Exchange of the Sponsored Access arrangements due to responsible for all trades submitted relationship between the Sponsoring varied ways that a member may utilize through such ports. Pursuant to Phlx Member Organization and the a port. The Exchange believes the Rule 1094 the trading activity of a Sponsored Participant. However, as requirement to also complete and Sponsored Participant must be noted above, the Exchange’s regulatory submit an Exchange Agreement, Access monitored by the Sponsoring Member group may request information about a Agreement and Addendum with our Organization for compliance with the particular customer relationship as it 12 Phlx Membership Department is viewed terms of the Customer Agreement with deems necessary. Further, the as unnecessarily burdensome by the Sponsoring Participant.10 Finally, Exchange is made aware of the existence members because of the multitude of the member continues to be obligated to of ports when the Sponsoring Member relationships the member has with comply with Phlx Rule 1094 and the Organization requests connectivity to various customers. Members have Market Access Rule. The Sponsoring the Exchange and the Members are expressed to the Exchange that they Member Organiztion is responsible for responsible for all trading activity by its have multiple relationships with any and all actions taken by such Sponsored Participant. In addition, the customers, which customer Sponsored Participant and any person Exchange, through its Regulatory relationships change over time.7 acting on behalf of or in the name of Services Agreement with the Financial Members have indicated that the such Sponsored Participant. Industry Regulatory Authority (FINRA), Phlx Rule 1094 requires that the reviews for member compliance with 6 The Customer Agreement is required to include, Sponsored Participant and the Phlx Rule 1094 and the Market Access among other language, all orders entered by the Sponsored Member Organization Rule. The Exchange has the ability to Sponsored Participants and any person acting on remove access to the port 13 at any time behalf of or in the name of such Sponsored Participant and any executions occurring as a result 8 See Phlx Rule 960.2. if the activity of the Sponsored of such orders are binding in all respects on the 9 Phlx Rule 911, entitled ‘‘Member and Member Participant would warrant such Sponsoring Member Organization and, also, Organization Participation’’ permits the Exchange removal. Sponsoring Member Organization is responsible for to impose upon any member or member In light of the foregoing, the any and all actions taken by such Sponsored organization such temporary restrictions upon the requirement to complete and submit an Participant and any person acting on behalf of or automated entry or updating of orders or quotes/ in the name of such Sponsored Participant. orders as the Exchange may determine to be 7 For example, a broker-dealer’s customers, which necessary to protect the integrity of Exchange’s 11 See Phlx Rule 1094(b)(ii)(B). could include hedge funds, institutional investors, systems. 12 See Phlx Rule 960.2. individual investors, and other broker-dealers. 10 See Phlx Rule 1094(b)(ii)(G). 13 See note 9.

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Exchange Agreement and Addendum Market Access Rule Agreement and Addendum with our with the Phlx Membership Department Members continue to be required to Phlx Membership Department is viewed is viewed as unnecessarily burdensome comply with Phlx Rule 1094 and the as unnecessarily burdensome by by members, who must update their Market Access Rule. The Exchange members, who must update their customer relationships internally and believes that specifically enumerating customer relationships internally. provides such information upon the member’s responsibility to comply PSX Rules Exchange request. with the Market Access Rule will PSX Rules provide member’s with additional The Exchange’s proposal to remove The Exchange proposes to remove guidance concerning the application of PSX Rule 3211, entitled ‘‘Application of PSX Rule 3211, entitled ‘‘Application of the Rule. This change is non-substantive Other Rules of the Exchange,’’ and add Other Rules of the Exchange,’’ because as members are currently responsible to Phlx Rule 1094 to the list of Phlx Rules Phlx Rule 1094 will be applicable to comply with the Market Access Rule. for which PSX are responsible for market participants trading on PSX. The Elimination of Certain Contract compliance will continue to treat both Exchange is adding Phlx Rule 1094 to Requirements Phlx equities and options members in a the list of Phlx Rules for which PSX are similar manner, pursuant to the same Removing the requirement to submit responsible for compliance. Finally, the rule. Eliminating the definitions of and complete an Exchange Agreement, Exchange is removing the definitions of Sponsored Participant and Sponsoring Access Agreement and Addendum will Sponsored Participant and Sponsoring remove impediments to and perfect the Member Organization in Rule 1 will Member Organization in Rule 1, which mechanism of a free and open market by avoid confusion. relate to PSX Rules. removing a burdensome and time- B. Self-Regulatory Organization’s 2. Statutory Basis consuming requirement for members. Statement on Burden on Competition The Exchange believes that its While elimination of the Exchange proposal is consistent with Section 6(b) Agreement requirement will also The Exchange does not believe that of the Act 14 in general, and furthers the eliminate the Exchange’s contractual the proposed rule change will impose objectives of Section 6(b)(5) of the Act 15 privity with the Sponsored Participant, any burden on competition not in particular, in that it is designed to he Exchange notes that any potential necessary or appropriate in furtherance promote just and equitable principles of concerns to the loss of privity are of the purposes of the Act for the trade, to remove impediments to and mitigated by the Exchange’s ability to reasons below. perfect the mechanism of a free and restrict the Sponsored Participant’s 16 Defining Sponsored Access open market and a national market access to a port at any time it is system, and, in general to protect warranted by the Sponsored The addition of a definition for Participant’s trading activity. Also, investors and the public interest, by Sponsored Access will assist market members have indicated that customer enhancing the risk protections available participants to understand the type of relationships must be frequently to Exchange members. arrangement subject to Phlx Rule 1094 updated and it is unnecessarily Defining Sponsored Access burdensome to continuously update the and such clarity will serve to promote just and equitable principles of trade. Adding a definition of Sponsored Exchange with this information that is Access will assist market participants to available upon request. Connectivity to Defining Customer Agreement understand the type of arrangements the Exchange is authorized by the that are subject to Phlx Rule 1094 and Exchange and must be requested by a Defining the agreement that such clarity will serve to promote just member of the Exchange. Such Sponsored Participants must enter into and equitable principles of trade. connection requires approval by the and maintain with one or more Members have indicated, and the Exchange, testing and other security Sponsoring Member Organizations to Exchange believes, that adding the features as well as information sharing establish proper relationship(s) and Sponsored Access definition will with the Exchange by the member. In account(s) through which the Sponsored provide members with additional addition, Phlx Rule 1064 delineates the Participant may trade on the Exchange, guidance with respect to Phlx Rule terms of the required contractual as a ‘‘Customer Agreement’’ does not 1094. relationship between the Sponsoring create an undue burden on competition Member Organization and the as this amendment is non-substantive Defining Customer Agreement Sponsored Participant in the Customer and the Exchange believes that Defining the agreement that Agreement, which remains in effect. providing guidance concerning the type Sponsored Participants must enter into The Exchange believes that the of arrangement subject to Phlx Rule and maintain with one or more Addendum is unnecessary as 1094 will facilitate member compliance Sponsoring Member Organizations to Sponsoring Member Organizations must and does not unduly burden establish proper relationship(s) and request connectivity to the Exchange as competition. account(s) through which the Sponsored well as enter into a Customer Agreement Participant may trade on the Exchange, with the Sponsored Participant. Finally, Market Access Rule as a ‘‘Customer Agreement’’ will also as is the case with other Exchange serve to provide members with clarity Rules, the Exchange examines for In addition, the Exchange believes on the agreement that the Exchange will compliance with Phlx Rule 1064 and that specifically enumerating the continue to require and the obligations may request information about any member’s obligation to comply with the that are contained within the Customer customer relationship which concerns Market Access Rule does not create an Agreement. This amendment is non- the Exchange. undue burden on competition, but substantive. The requirement to also complete and rather reinforces the application of the submit an Exchange Agreement, Access Rule. This change is non-substantive as 14 15 U.S.C. 78f(b). members are currently responsible to 15 15 U.S.C. 78f(b)(5). 16 See note 9. comply with the Market Access Rule.

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Elimination of Certain Contract with Phlx Rule 1094 and the Market to determine whether the proposed rule Requirements Access Rule. The Exchange has the should be approved or disapproved. ability to remove access to the port 20 at Removing the requirement to IV. Solicitation of Comments complete an Exchange Agreement, any time if the activity of the Sponsored Access Agreement and Addendum Participant would warrant such Interested persons are invited to under Phlx Rule 1094 does not create an removal. Finally, Phlx Rule 1094 is submit written data, views, and currently applicable to all Phlx undue burden on competition. The arguments concerning the foregoing, members that desire to sponsor access Exchange believes that this requirement including whether the proposed rule for its customers and applies to trading is unnecessarily burdensome as the in all securities on the Exchange. change is consistent with the Act. Exchange’s regulatory group may Comments may be submitted by any of request information about a particular PSX Rules the following methods: customer relationship as it deems The Exchange’s proposal to remove 17 Electronic Comments necessary. Further, the Exchange is PSX Rule 3211, entitled ‘‘Application of made aware of the existence of ports Other Rules of the Exchange,’’ and add • Use the Commission’s Internet when the Sponsoring Member Phlx Rule 1094 to the list of Phlx Rules comment form (http://www.sec.gov/ Organization requests connectivity to for which PSX are responsible for the Exchange and the Members are rules/sro.shtml); or compliance does not create an undue • responsible for all trading activity by its burden on competition because both Send an email to rule-comments@ Sponsored Participant. In order to Phlx equities and options members will sec.gov. Please include File Number SR– obtain connectivity to the Exchange, be obligated similarly to Rule 1094. Phlx–2015–93 on the subject line. members are required to contact Phlx Eliminating the definitions of Paper Comments Subscriber Services and request a Sponsored Participant and Sponsoring connection to the market. Such Member Organization in Rule 1 does not • Send paper comments in triplicate connection requires approval by the create an undue burden on competition to Secretary, Securities and Exchange Exchange, testing and other security because it will avoid confusion. Commission, 100 F Street NE., features as well as information sharing Washington, DC 20549–1090. with the Exchange by the member. Only C. Self-Regulatory Organization’s members are permitted to request Statement on Comments on the All submissions should refer to File connectivity to the Exchange. The Proposed Rule Change Received From Number SR–Phlx–2015–93. This file requirement to also complete and Members, Participants, or Others number should be included on the submit an Exchange Agreement, Access No written comments were either subject line if email is used. To help the Agreement and Addendum with our solicited or received. Commission process and review your Phlx Membership Department is viewed III. Date of Effectiveness of the comments more efficiently, please use as unnecessarily burdensome by Proposed Rule Change and Timing for only one method. The Commission will members, who must update their Commission Action post all comments on the Commission’s customer relationships internally. Internet Web site (http://www.sec.gov/ Because the foregoing proposed rule Additionally, the Exchange examines rules/sro.shtml). Copies of the for compliance with Phlx Rule 960.2 change does not: (i) Significantly affect the protection of investors or the public submission, all subsequent and may request information about any amendments, all written statements customer relationship which concerns interest; (ii) impose any significant burden on competition; and (iii) become with respect to the proposed rule the Exchange. change that are filed with the The Sponsoring Member Organization operative for 30 days from the date on Commission, and all written remains responsible for customer which it was filed, or such shorter time communications relating to the activity conducted on the Exchange as the Commission may designate, it has through the Customer Agreement, become effective pursuant to Section proposed rule change between the 21 among other obligations. Additionally, 19(b)(3)(A)(iii) of the Act and Commission and any person, other than Sponsored Participants that obtain subparagraph (f)(6) of Rule 19b–4 those that may be withheld from the 22 access to the Exchange’s trading system thereunder. public in accordance with the At any time within 60 days of the are required to take reasonable security provisions of 5 U.S.C. 552, will be filing of the proposed rule change, the precautions and prevent unauthorized available for Web site viewing and Commission summarily may use or access the Exchange, including printing in the Commission’s Public temporarily suspend such rule change if unauthorized entry of information to the Reference Room, 100 F Street NE., it appears to the Commission that such Exchange,18 pursuant to the Customer Washington, DC 20549, on official action is: (i) Necessary or appropriate in Agreement. Further, the Sponsored business days between the hours of the public interest; (ii) for the protection Participants is responsible to establish 10:00 a.m. and 3:00 p.m. Copies of the of investors; or (iii) otherwise in adequate procedures and controls that filing also will be available for furtherance of the purposes of the Act. permit it to effectively monitor its If the Commission takes such action, the inspection and copying at the principal employees’, agents’ and customers’ use Commission shall institute proceedings office of the Exchange. All comments and access to the Exchange for received will be posted without change; compliance with the terms of this 20 See note 9. the Commission does not edit personal 19 agreement. In addition, the Exchange, 21 15 U.S.C. 78s(b)(3)(a)(iii). identifying information from through its Regulatory Services 22 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– submissions. You should submit only Agreement with FINRA conducts 4(f)(6) requires a self-regulatory organization to give information that you wish to make reviews of members for compliance the Commission written notice of its intent to file the proposed rule change at least five business days available publicly. All submissions prior to the date of filing of the proposed rule should refer to File Number SR–Phlx– 17 See Phlx Rule 960.2. change, or such shorter time as designated by the 2015–93 and should be submitted on or 18 See Phlx Rule 1094(b)(ii)(G). Commission. The Exchange has satisfied this 19 See Phlx Rule 1094(b)(ii)(H). requirement. before December 14, 2015.

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For the Commission, by the Division of the proposed rule change and discussed in particular, in that it is designed to Trading and Markets, pursuant to delegated any comments it received on the promote just and equitable principles of authority.23 proposed rule change. The text of these trade, to foster cooperation and Robert W. Errett, statements may be examined at the coordination with persons engaged in Deputy Secretary. places specified in Item IV below. The facilitating transactions in securities, to [FR Doc. 2015–29707 Filed 11–20–15; 8:45 am] Exchange has prepared summaries, set remove impediments to and perfect the BILLING CODE 8011–01–P forth in sections A, B, and C below, of mechanism of a free and open market the most significant parts of such and a national market system and, in statements. general, to protect investors and the SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s public interest. The proposed rule COMMISSION Statement of the Purpose of, and change promotes just and equitable principles of trade because it would [Release No. 34–76459; File No. SR–BATS– Statutory Basis for, the Proposed Rule 2015–97) Change provide Users with greater flexibility in routing orders consistent with Self-Regulatory Organizations; BATS 1. Purpose Regulation NMS without developing Exchange, Inc.; Notice of Filing and The Exchange proposes to amend complicated order routing strategies on Immediate Effectiveness of a Proposed Rule 11.13, Order Execution and their own. The Exchange believes that Rule Change To Amend Rule 11.13, Routing, to adopt a new routing option the proposed routing option will also Order Execution and Routing to be known as ALLB. As proposed, accomplish those ends by providing ALLB would be a routing option under market participants with an additional November 17, 2015. which the order checks the System 5 for voluntary routing option that will Pursuant to section 19(b)(1) of the available shares and is then sent to the enable them to easily access liquidity Securities Exchange Act of 1934 (the EDGX Exchange, Inc. (‘‘EDGX’’), BATS available on all of the national securities ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Y-Exchange, Inc. (‘‘BYX’’), and the exchanges operated by BGM Affiliated notice is hereby given that on November EDGA Exchange, Inc. (‘‘EDGA’’ Exchanges. The Exchange expects the 9, 2015, BATS Exchange, Inc. (the collectively with the Exchange, EDGX, routing strategy will benefit firms that ‘‘Exchange’’ or ‘‘BATS’’) filed with the and BYX, the ‘‘BGM Affiliated do not employ routing or trading Securities and Exchange Commission Exchanges’’). Specifically, an order strategies under which the firm itself (‘‘Commission’’) the proposed rule subject to the ALLB routing option would rapidly access liquidity provided change as described in Items I and II would execute first against contra-side on the multiple venues. ALLB would below, which Items have been prepared displayed and non-displayed liquidity not provide any advantage to Users by the Exchange. The Exchange has on the BATS Book 6 at the National Best when routing to the EDGA, EDGX, or designated this proposal as a ‘‘non- Bid or Offer (‘‘NBBO’’) or better. Any BYX as compared to other methods of controversial’’ proposed rule change remainder would then be routed to routing or connectivity available to pursuant to section 19(b)(3)(A) of the EDGX, BYX, and/or EDGA in Users by the Exchange. Act 3 and Rule 19b–4(f)(6)(iii) accordance with the System routing Lastly, the Exchange also notes that thereunder,4 which renders it effective table.7 If shares remain unexecuted after routing options enabling the routing of upon filing with the Commission. The routing, they are posted to the BATS orders between affiliated exchanges is Commission is publishing this notice to Book, unless otherwise instructed by the not unique and that the ALLB routing solicit comments on the proposed rule User.8 In such case, the User may option is similar to routing options change from interested persons. instruct the Exchange to cancel the offered by other exchange groups that permit routing between affiliates. I. Self-Regulatory Organization’s remaining shares. ALLB is designed to Specifically, the Nasdaq Stock Market Statement of the Terms of the Substance comply with Rule 611 and all other provisions of Regulation NMS.9 LLC (‘‘Nasdaq’’), the Nasdaq OMX BX of the Proposed Rule Change (‘‘BX’’), Nasdaq OMX PSX (‘‘PSX’’) offer 2. Statutory Basis The Exchange filed a proposal to routing options that enable an order, amend Rule 11.13, Order Execution and The Exchange believes that its whether sent to Nasdaq, BX, or PSX, to Routing, to adopt a new routing option proposal is consistent with section 6(b) check the Nasdaq, BX, and PSX books to be known as ALLB. of the Act 10 in general, and furthers the for liquidity before optionally posting to The text of the proposed rule change objectives of section 6(b)(5) of the Act 11 the Nasdaq, BX, or PSX book.12 In is available at the Exchange’s Web site addition, the Exchange previously at www.batstrading.com, at the 5 The term ‘‘System’’ is defined as ‘‘the electronic offered a variation of a Destination communications and trading facility designated by principal office of the Exchange, and at 13 the Board through which securities orders of Users Specific Order which routed to and the Commission’s Public Reference are consolidated for ranking, execution and, when executed by its affiliate, BYX, known as Room. applicable, routing away.’’ See Exchange Rule the B2B routing.14 Therefore, the 1.5(aa). II. Self-Regulatory Organization’s 6 The term ‘‘BATS Book’’ is defined as ‘‘the 12 See Securities Exchange Act Release Nos. Statement of the Purpose of, and System’s electronic file of orders.’’ See Exchange 63900 (February 14, 2011), 76 FR 9397 (February Statutory Basis for, the Proposed Rule Rule 1.5(e). 17, 2011) (SR-Nasdaq-2011–026); 65470 (October 3, Change 7 The term ‘‘System routing table’’ refers to the 2011), 76 FR 62489 (October 7, 2011) (SR–BX– proprietary process for determining the specific 2011–048); and 65469 (October 3, 2011), 76 FR In its filing with the Commission, the trading venues to which the System routes orders 62486 (October 7, 2011) (SR–Phlx–2011–108) Exchange included statements and the order in which it routes them. See (Notices of Filing and Immediate Effectiveness to concerning the purpose of and basis for Exchange Rule 11.13(b)(3). adopt the CART, BCRT, and PCRT routing options 8 The term ‘‘User’’ is defined as ‘‘any Member or on Nasdaq, BX, and PSX respectively). See also Sponsored Participant who is authorized to obtain Nasdaq Rule 4758(a)(1)(A)(xi); BX Rule 23 17 CFR 200.30–3(a)(12). access to the System pursuant to Rule 11.3.’’ See 4758(a)(1)(A)(vii); and PSX Rule 3315(a)(1)(A)(vii). 1 15 U.S.C. 78s(b)(1). Exchange Rule 1.5(cc). 13 See Exchange Rule 11.13(b)(3)(E). 2 17 CFR 240.19b–4. 9 17 CFR 242.611. 14 See Securities Exchange Act Release No. 63146 3 15 U.S.C. 78s(b)(3)(A). 10 15 U.S.C. 78f(b). (October 21, 2010), 75 FR 66170 (October 27, 2010) 4 17 CFR 240.19b–4(f)(6)(iii). 11 15 U.S.C. 78f(b)(5). (SR–BATS–2010–030). The Exchange notes that

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Exchange believes the proposal removes proposed rule change has become • Send an email to rule-comments@ impediments to and perfects the effective pursuant to section 19(b)(3)(A) sec.gov. Please include File No. SR– mechanism of a free and open market of the Act 15 and paragraph (f)(6) of Rule BATS–2015–97 on the subject line. and a national market system, and, in 19b–4 thereunder.16 The Exchange has general, protects investors and the given the Commission written notice of Paper Comments public interest. its intent to file the proposed rule • Send paper comments in triplicate B. Self-Regulatory Organization’s change, along with a brief description to Secretary, Securities and Exchange and text of the proposed rule change at Statement on Burden on Competition Commission, 100 F Street NE., least five business days prior to the date Washington, DC 20549–1090. The Exchange does not believe that of filing of the proposed rule change, or the proposed rule change will result in such shorter time as designated by the All submissions should refer to File No. any burden on competition that is not Commission. SR–BATS–2015–97. This file number necessary or appropriate in furtherance The Exchange has asked the should be included on the subject line of the purposes of the Act, as amended. Commission to waive the 30-day if email is used. To help the The Exchange provides routing services operative delay so that the proposal may Commission process and review your in a highly competitive market in which become operative immediately upon comments more efficiently, please use participants may avail themselves of a filing. The Exchange states that having wide variety of routing options offered only one method. The Commission will this additional voluntary routing option post all comments on the Commission’s by self-regulatory organizations, will give market participants greater alternative trading systems, other Internet Web site (http://www.sec.gov/ flexibility in routing orders and allow rules/sro.shtml). Copies of the broker-dealers, market participants’ own them to more easily access liquidity on proprietary routing systems, and service submission, all subsequent BGM Affiliated exchanges. In addition, bureaus. In such an environment, amendments, all written statements the Exchange states that the proposed system enhancements such as the with respect to the proposed rule rule change is similar to a routing changes proposed in this rule filing do change that are filed with the option offered by other exchanges and not burden competition, because they Commission, and all written does not propose any new or unique can succeed in attracting order flow to communications relating to the functionality. Based on the foregoing, the Exchange only if they offer investors the Commission believes that the waiver proposed rule change between the higher quality and better value than of the operative delay is consistent with Commission and any person, other than services offered by others. Encouraging the protection of investors and the those that may be withheld from the competitors to provide higher quality 17 public in accordance with the and better value is the essence of a well- public interest. Therefore, the Commission hereby waives the provisions of 5 U.S.C. 552, will be functioning competitive marketplace. available for Web site viewing and Lastly, ALLB would not provide any operative delay and designates the printing in the Commission’s Public advantage to Users when routing to the proposal operative upon filing. Reference Room, 100 F Street NE., EDGA, EDGX, or BYX as compared to At any time within 60 days of the other methods of routing or connectivity filing of the proposed rule change, the Washington, DC 20549 on official available to Users by the Exchange. Commission summarily may business days between the hours of Therefore, the Exchange does not temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of such believe the proposed rule change will it appears to the Commission that such filing also will be available for result in any burden on intermarket action is necessary or appropriate in the inspection and copying at the principal competition that is not necessary or public interest, for the protection of office of the Exchange. All comments appropriate in furtherance of the investors; or otherwise in furtherance of received will be posted without change; purposes of the Act. the purposes of the Act. If the the Commission does not edit personal Commission takes such action, the identifying information from C. Self-Regulatory Organization’s Commission shall institute proceedings Statement on Comments on the submissions. You should submit only to determine whether the proposed rule information that you wish to make Proposed Rule Change Received from should be approved or disapproved. Members, Participants, or Others available publicly. All submissions IV. Solicitation of Comments should refer to File No. SR–BATS– No comments were solicited or 2015–97, and should be submitted on or received on the proposed rule change. Interested persons are invited to before December 14, 2015. III. Date of Effectiveness of the submit written data, views, and arguments concerning the foregoing, For the Commission, by the Division of Proposed Rule Change and Timing for Trading and Markets, pursuant to delegated Commission Action including whether the proposed rule change is consistent with the Act. authority.18 Because the proposed rule change Comments may be submitted by any of Robert W. Errett, does not: (i) Significantly affect the the following methods: Deputy Secretary. protection of investors or the public [FR Doc. 2015–29727 Filed 11–20–15; 8:45 am] interest; (ii) impose any significant Electronic Comments BILLING CODE 8011–01–P burden on competition; and (iii) become • Use the Commission’s Internet operative for 30 days from the date on comment form (http://www.sec.gov/ which it was filed, or such shorter time rules/sro.shtml); or as the Commission may designate if consistent with the protection of 15 15 U.S.C. 78s(b)(3)(A). investors and the public interest, the 16 17 CFR 240.19b–4. 17 For purposes only of waiving the 30-day BYX offered similar routing capabilities to the operative delay, the Commission has also Exchange. See Securities Exchange Act Release No. considered the proposed rule’s impact on 63299 (November 10, 2010), 75 FR 70325 efficiency, competition, and capital formation. See (November 17, 2010) (SR–BYX–2010–005). 15 U.S.C. 78c(f). 18 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s public interest. The proposed rule COMMISSION Statement of the Purpose of, and change promotes just and equitable Statutory Basis for, the Proposed Rule principles of trade because it would [Release No. 34–76457; File No. SR–BYX– Change provide Users with greater flexibility in 2015–46] 1. Purpose routing orders consistent with Regulation NMS without developing Self-Regulatory Organizations; BATS The Exchange proposes to amend complicated order routing strategies on Y-Exchange, Inc.; Notice of Filing and Rule 11.13, Order Execution and their own. The Exchange believes that Immediate Effectiveness of a Proposed Routing, to adopt a new routing option the proposed routing option will also Rule Change To Amend Rule 11.13, to be known as ALLB. As proposed, accomplish those ends by providing ALLB would be a routing option under Order Execution and Routing market participants with an additional which the order checks the System 5 for voluntary routing option that will November 17, 2015. available shares and is then sent to the enable them to easily access liquidity Pursuant to Section 19(b)(1) of the EDGX Exchange, Inc. (‘‘EDGX’’), BATS Securities Exchange Act of 1934 (the Exchange, Inc. (‘‘BZX’’), and the EDGA available on all of the national securities ‘‘Act’’),1 and Rule 19b-4 thereunder,2 Exchange, Inc. (‘‘EDGA’’ collectively exchanges operated by BGM Affiliated notice is hereby given that on November with the Exchange, EDGX, and BZX, the Exchanges. The Exchange expects the 9, 2015, BATS Y-Exchange, Inc. (the ‘‘BGM Affiliated Exchanges’’). routing strategy will benefit firms that ‘‘Exchange’’ or ‘‘BYX’’) filed with the Specifically, an order subject to the do not employ routing or trading Securities and Exchange Commission ALLB routing option would execute first strategies under which the firm itself (‘‘Commission’’) the proposed rule against contra-side displayed and non- would rapidly access liquidity provided change as described in Items I and II displayed liquidity on the BATS Book 6 on the multiple venues. ALLB would below, which Items have been prepared at the National Best Bid or Offer not provide any advantage to Users by the Exchange. The Exchange has (‘‘NBBO’’) or better. Any remainder, when routing to the EDGA, EDGX, or designated this proposal as a ‘‘non- would then be routed to EDGX, BZX, BZX as compared to other methods of controversial’’ proposed rule change and/or EDGA in accordance with the routing or connectivity available to pursuant to Section 19(b)(3)(A) of the System routing table.7 If shares remain Users by the Exchange. Act 3 and Rule 19b–4(f)(6)(iii) unexecuted after routing, they are 4 Lastly, the Exchange also notes that thereunder, which renders it effective posted to the BATS Book, unless routing options enabling the routing of upon filing with the Commission. The 8 otherwise instructed by the User. In orders between affiliated exchanges is Commission is publishing this notice to such case, the User may instruct the not unique and that the ALLB routing solicit comments on the proposed rule Exchange to cancel the remaining option is similar to routing options change from interested persons. shares. ALLB is designed to comply offered by other exchange groups that I. Self-Regulatory Organization’s with Rule 611 and all other provisions permit routing between affiliates. 9 Statement of the Terms of the Substance of Regulation NMS. Specifically, the Nasdaq Stock Market of the Proposed Rule Change 2. Statutory Basis LLC (‘‘Nasdaq’’), the Nasdaq OMX BX The Exchange filed a proposal to The Exchange believes that its (‘‘BX’’), Nasdaq OMX PSX (‘‘PSX’’) offer amend Rule 11.13, Order Execution and proposal is consistent with Section 6(b) routing options that enable an order, Routing, to adopt a new routing option of the Act 10 in general, and furthers the whether sent to Nasdaq, BX, or PSX, to to be known as ALLB. objectives of Section 6(b)(5) of the Act 11 check the Nasdaq, BX, and PSX books The text of the proposed rule change in particular, in that it is designed to for liquidity before optionally posting to 12 is available at the Exchange’s Web site promote just and equitable principles of the Nasdaq, BX, or PSX book. In at www.batstrading.com, at the trade, to foster cooperation and addition, BZX previously offered a principal office of the Exchange, and at coordination with persons engaged in variation of a Destination Specific the Commission’s Public Reference facilitating transactions in securities, to Order 13 which routed to and executed Room. remove impediments to and perfect the by its affiliate, BYX, known as the B2B mechanism of a free and open market routing.14 Therefore, the Exchange II. Self-Regulatory Organization’s believes the proposal removes Statement of the Purpose of, and and a national market system and, in impediments to and perfects the Statutory Basis for, the Proposed Rule general, to protect investors and the mechanism of a free and open market Change 5 The term ‘‘System’’ is defined as ‘‘the electronic and a national market system, and, in In its filing with the Commission, the communications and trading facility designated by the Board through which securities orders of Users Exchange included statements 12 See Securities Exchange Act Release Nos. are consolidated for ranking, execution and, when 63900 (February 14, 2011), 76 FR 9397 (February concerning the purpose of and basis for applicable, routing away.’’ See Exchange Rule 17, 2011) (SR–Nasdaq–2011–026); 65470 (October the proposed rule change and discussed 1.5(aa). 3, 2011), 76 FR 62489 (October 7, 2011) (SR–BX– 6 any comments it received on the The term ‘‘BATS Book’’ is defined as ‘‘the 2011–048); and 65469 (October 3, 2011), 76 FR proposed rule change. The text of these System’s electronic file of orders.’’ See Exchange 62486 (October 7, 2011) (SR–Phlx–2011–108) statements may be examined at the Rule 1.5(e). (Notices of Filing and Immediate Effectiveness to 7 places specified in Item IV below. The The term ‘‘System routing table’’ refers to the adopt the CART, BCRT, and PCRT routing options proprietary process for determining the specific on Nasdaq, BX, and PSX respectively). See also Exchange has prepared summaries, set trading venues to which the System routes orders Nasdaq Rule 4758(a)(1)(A)(xi); BX Rule forth in Sections A, B, and C below, of and the order in which it routes them. See 4758(a)(1)(A)(vii); and PSX Rule 3315(a)(1)(A)(vii). the most significant parts of such Exchange Rule 11.13(b)(3). 13 See Exchange Rule 13(b)(3)(E). 8 statements. The term ‘‘User’’ is defined as ‘‘any Member or 14 See Securities Exchange Act Release No. 63146 Sponsored Participant who is authorized to obtain (October 21, 2010), 75 FR 66170 (October 27, 2010) access to the System pursuant to Rule 11.3.’’ See (SR–BATS–2010–030). The Exchange notes it 1 15 U.S.C. 78s(b)(1). Exchange Rule 1.5(cc). offered similar routing capabilities to BZX. See 2 17 CFR 240.19b–4. 9 17 CFR 242.611. Securities Exchange Act Release No. 63299 3 15 U.S.C. 78s(b)(3)(A). 10 15 U.S.C. 78f(b). (November 10, 2010), 75 FR 70325 (November 17, 4 17 CFR 240.19b–4(f)(6)(iii). 11 15 U.S.C. 78f(b)(5). 2010) (SR–BYX–2010–005).

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general, protects investors and the its intent to file the proposed rule Commission, 100 F Street NE., public interest. change, along with a brief description Washington, DC 20549–1090. and text of the proposed rule change at B. Self-Regulatory Organization’s least five business days prior to the date All submissions should refer to File No. Statement on Burden on Competition of filing of the proposed rule change, or SR–BYX–2015–46. This file number The Exchange does not believe that such shorter time as designated by the should be included on the subject line the proposed rule change will result in Commission. if email is used. To help the any burden on competition that is not The Exchange has asked the Commission process and review your necessary or appropriate in furtherance Commission to waive the 30-day comments more efficiently, please use of the purposes of the Act, as amended. operative delay so that the proposal may only one method. The Commission will The Exchange provides routing services become operative immediately upon post all comments on the Commission’s in a highly competitive market in which filing. The Exchange states that having Internet Web site (http://www.sec.gov/ participants may avail themselves of a this additional voluntary routing option rules/sro.shtml). Copies of the wide variety of routing options offered will give market participants greater submission, all subsequent by self-regulatory organizations, flexibility in routing orders and allow amendments, all written statements alternative trading systems, other them to more easily access liquidity on with respect to the proposed rule broker-dealers, market participants’ own BGM Affiliated exchanges. In addition, change that are filed with the proprietary routing systems, and service the Exchange states that the proposed Commission, and all written bureaus. In such an environment, rule change is similar to a routing communications relating to the system enhancements such as the option offered by other exchanges and proposed rule change between the changes proposed in this rule filing do does not propose any new or unique Commission and any person, other than not burden competition, because they functionality. Based on the foregoing, those that may be withheld from the can succeed in attracting order flow to the Commission believes that the waiver public in accordance with the the Exchange only if they offer investors of the operative delay is consistent with provisions of 5 U.S.C. 552, will be higher quality and better value than the protection of investors and the services offered by others. Encouraging public interest.17 Therefore, the available for Web site viewing and competitors to provide higher quality Commission hereby waives the printing in the Commission’s Public and better value is the essence of a well- operative delay and designates the Reference Room, 100 F Street NE., functioning competitive marketplace. proposal operative upon filing. Washington, DC 20549 on official Lastly, ALLB would not provide any At any time within 60 days of the business days between the hours of advantage to Users when routing to the filing of the proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of such EDGA, EDGX, or BZX as compared to Commission summarily may filing also will be available for other methods of routing or connectivity temporarily suspend such rule change if inspection and copying at the principal available to Users by the Exchange. it appears to the Commission that such office of the Exchange. All comments Therefore, the Exchange does not action is necessary or appropriate in the received will be posted without change; believe the proposed rule change will public interest, for the protection of the Commission does not edit personal result in any burden on intermarket investors; or otherwise in furtherance of identifying information from competition that is not necessary or the purposes of the Act. If the submissions. You should submit only appropriate in furtherance of the Commission takes such action, the information that you wish to make purposes of the Act. Commission shall institute proceedings available publicly. All submissions to determine whether the proposed rule C. Self-Regulatory Organization’s should refer to File No. SR–BYX–2015– should be approved or disapproved. Statement on Comments on the 46, and should be submitted on or Proposed Rule Change Received From IV. Solicitation of Comments before December 14, 2015. Members, Participants, or Others Interested persons are invited to For the Commission, by the Division of No comments were solicited or submit written data, views, and Trading and Markets, pursuant to delegated received on the proposed rule change. arguments concerning the foregoing, authority.18 including whether the proposed rule III. Date of Effectiveness of the Robert W. Errett, change is consistent with the Act. Proposed Rule Change and Timing for Deputy Secretary. Comments may be submitted by any of Commission Action [FR Doc. 2015–29712 Filed 11–20–15; 8:45 am] the following methods: Because the proposed rule change BILLING CODE 8011–01–P does not: (i) Significantly affect the Electronic Comments protection of investors or the public • Use the Commission’s Internet interest; (ii) impose any significant comment form (http://www.sec.gov/ burden on competition; and (iii) become rules/sro.shtml); or operative for 30 days from the date on • Send an email to rule- which it was filed, or such shorter time [email protected]. Please include File as the Commission may designate if No. SR–BYX–2015–46 on the subject consistent with the protection of line. investors and the public interest, the Paper Comments proposed rule change has become • effective pursuant to Section 19(b)(3)(A) Send paper comments in triplicate of the Act 15 and paragraph (f)(6) of Rule to Secretary, Securities and Exchange 19b-4 thereunder.16 The Exchange has given the Commission written notice of 17 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule’s impact on 15 15 U.S.C. 78s(b)(3)(A). efficiency, competition, and capital formation. See 16 17 CFR 240.19b–4. 15 U.S.C. 78c(f). 18 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Background CMU trades are processed this way COMMISSION CMU transactions that are effected in because, historically, NSCC’s systems the over-the-counter markets and were not able to adequately risk manage [Release No. 34–76458; File No. SR–NSCC– submitted to NSCC directly by Members CMU trades that settled on this 2015–005] on a bilateral basis are processed shortened timeframe. NSCC has through NSCC’s Real Time Trade proposed to amend its Rules so that, Self-Regulatory Organizations; Matching (‘‘RTTM’’) platform. Within following trade comparison through National Securities Clearing RTTM, the buy and sell sides of a RTTM, T+1 CMU trades will be Corporation; Order Approving transaction are validated and matched, processed into UTC, where they will be Proposed Rule Change To Permit resulting in a compared trade that is checked for eligibility to settle through Trades in Eligible Fixed Income reported to Members. This process is either CNS or the Balance Order Securities Scheduled To Settle on Day called ‘‘trade comparison.’’ Accounting Operation on a trade-for- After Trade Date To Be Processed for Today, with the exception of CMU trade basis. If eligible, these CMU trades Settlement at National Securities trades that are submitted to NSCC to will settle through the settlement Clearing Corporation settle on a timeframe that is shorter than service for which they are eligible, i.e. T+2,5 CMU trades submitted to NSCC either the CNS system or the Balance November 17, 2015. through RTTM are first compared Order Accounting Operation on a trade- within RTTM, and then are processed for-trade basis. On October 7, 2015, National Pursuant to Addendum K of the Securities Clearing Corporation into NSCC’s Universal Trade Capture (‘‘UTC’’) system, where they are Rules, NSCC guarantees the completion (‘‘NSCC’’) filed with the Securities and of CNS settling trades that have reached Exchange Commission (‘‘Commission’’) checked for eligibility for settlement either through NSCC’s CNS system 6 or the later of midnight of T+1 or midnight proposed rule change SR–NSCC–2015– of the day they are reported to Members, 005 pursuant to section 19(b)(1) of the through its Balance Order Accounting Operation on a trade-for-trade basis.7 and guarantees the completion of Securities Exchange Act of 1934 shortened process trades, such as same- (‘‘Act’’),1 and Rule 19b–4 thereunder,2 These CMU trades, those that are scheduled to settle on a T+2 or longer day and next-day settling trades, upon to allow certain fixed-income securities timeframe, are then processed for comparison or trade recording trades that that are scheduled to settle 8 settlement through the settlement processing. Therefore, for those T+1 on the day after trade date (‘‘T+1’’) to service for which they are eligible, i.e. CMU trades that are eligible for settle either through NSCC’s Continuous either the CNS system or the Balance settlement through CNS, NSCC will Net Settlement (‘‘CNS’’) system, or Order Accounting Operation on a trade- guarantee the completion of these trades through its Balance Order Accounting for-trade basis. If a CMU trade is not upon comparison or trade recording Operation on a trade-for-trade basis. The eligible for settlement through either processing. T+1 CMU trades that settle proposed rule change was published for CNS or the Balance Order Accounting through CNS will be subject to all comment in the Federal Register on Operation, or if it is marked as appropriate risk management measures 3 October 15, 2015. The Commission did ‘‘comparison-only’’ when it is submitted and margining, pursuant to the existing not receive any comment letters on the to NSCC, it is only processed for trade risk management methodology and proposed rule change. For the reasons comparison through RTTM and then it policies and procedures, including the discussed below, the Commission is must settle away from NSCC. Specified Activity charge component of granting approval of the proposed rule Today, all CMU trades submitted to its Clearing Fund charges, which change. NSCC through RTTM that are scheduled applies to trades settling at NSCC on a to settle on T+1 are automatically shortened processing cycle.9 NSCC I. Description of the Proposed Rule estimates that CMU trades that are Change processed as comparison-only in RTTM, and must settle away from NSCC. T+1 designated to settle on T+1 and will be The following is a description of the eligible to settle through CNS represent proposed rule change, as provided by 5 The settlement timeframe of a trade, i.e. when less than half of a percent of all CMU NSCC: the trade will settle relative to the trade date, is trades processed at NSCC, and less than determined by the counterparties to that trade, and 2% of the total value of all CMU trades The proposed rule change consists of is indicated on the trade record when the trade is processed at NSCC.10 In order to amendments to NSCC’s Rules & submitted to NSCC. 6 CNS and its operation are described in Rule 11 Procedures (‘‘Rules’’) in order to permit and Procedure VII. Rules, supra note 4. To be 8 NSCC guarantees the completion of trades that trades in fixed income securities eligible for CNS settlement, a transaction must be settle through CNS pursuant to Addendum K of the (corporate and municipal bonds, and in a security that is eligible for book-entry transfer Rules. Rules, supra note 4. unit investment trusts, collectively on the books of The Depository Trust Company, and 9 The components of NSCC’s Clearing Fund are must be capable of being processed in the CNS described in Procedure XV, and the Specified ‘‘CMU’’) that are T+1 to settle either system; for example, securities may be ineligible for Activity charge is described in Section I(A)(1)(g) for through its CNS system, as described CNS processing due to certain transfer restrictions trades settling through CNS. Rules, supra note 4. below, or through its Balance Order (e.g., 144A securities) or due to the pendency of 10 Based on data from the first quarter of 2015, an Accounting Operation on a trade-for- certain corporate actions. approximate daily average of 45,000 CMU trades are 7 The Balance Order Accounting Operation is processed at NSCC, with an approximate total daily trade basis, as described below, when described in Procedure V. Rules, supra note 4. CMU value of an average of $8.3 billion. Of the eligible for settlement through these trades that are processed through the Balance Order approximate daily average of 45,000 CMU trades services.4 Accounting Operation are processed on a trade-for- processed at NSCC, an approximate daily average trade basis, as described in Section B of Procedure of 200 CMU trades are designated to settle on T+1 V, such that Receive and Deliver Orders, as defined and are in securities that are eligible for settlement 1 15 U.S.C. 78s(b)(1). in the Rules, are created instructing the in CNS. Of the approximate daily value of an 2 17 CFR 240.19b–4. counterparties to the transaction to deliver or average of $8.3 billion in CMU trades processed at 3 See Securities Exchange Act Release No. 76112 receive a quantity of securities to or from their NSCC, CMU trades that are designated to settle on (October 8, 2015), 80 FR 62121 (October 15, 2015) counterparty to that transaction. These transactions T+1 and are in securities that are eligible for (SR–NSCC–2015–005). are not netted and are not subject to NSCC’s risk settlement in CNS have an approximate total daily 4 Terms not defined herein are defined in the management measures, as NSCC’s central value of an average of $145 million. The average Rules, available at http://dtcc.com/∼/media/Files/ counterparty guarantee does not attach to these daily CMU transaction volume is less than 1% of Downloads/legal/rules/nscc_rules.pdf. trades. NSCC’s overall daily volume.

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implement this proposed rule change, proposed rule change SR–NSCC–2015– be submitted in real-time, and to NSCC will amend Procedure II (Trade 005 be, and hereby is, approved.16 prohibit pre-netting and other practices Comparison and Recording Service). In For the Commission, by the Division of that prevent real-time trade particular, these amendments will Trading and Markets, pursuant to delegated submission.4 provide that CMU T+1 transactions will 17 authority. Background be handled in the same manner as CMU Robert W. Errett, T+2 trades and trades submitted for Deputy Secretary. Requiring trades to be submitted in real-time facilitates efficient risk regular way (or T+3) settlement. [FR Doc. 2015–29726 Filed 11–20–15; 8:45 am] Procedure II will also be amended to management for both NSCC and its BILLING CODE 8011–01–P remove reference to CMU T+1 Members, enables same-day transactions from the section that bookkeeping and reconciliation, and, identifies those trades that are accepted SECURITIES AND EXCHANGE therefore, significantly reduces risk to by NSCC for comparison-only COMMISSION the industry. Receipt of trade data on a processing. real-time basis permits NSCC’s risk [Release No. 34–76462; File No. SR–NSCC– management processes to monitor trades Implementation 2015–004] closer to trade execution on an intra-day The effective date of the proposed basis, and to identify and risk manage Self-Regulatory Organizations; rule change will be announced via an any issues relating to exposures earlier National Securities Clearing NSCC Important Notice. in the day. Contract information is Corporation; Order Approving currently reported out to submitting II. Discussion and Commission Proposed Rule Change To Require firms by NSCC’s Universal Trade Findings Real-Time Trade Submission and To Capture (‘‘UTC’’) system upon trade 11 Prohibit Pre-Netting Practices Through Section 19(b)(2)(C) of the Act comparison and validation, and receipt NSCC’s Correspondent Clearing directs the Commission to approve a of trade data in real-time enables NSCC Service proposed rule change of a self- to report to Members trade data as it is regulatory organization if it finds that November 17, 2015. received, thereby promoting intra-day such proposed rule change is consistent On September 30, 2015, National reconciliation of transactions at the with the requirements of the Act and Securities Clearing Corporation Member level. The majority of trades rules and regulations thereunder (‘‘NSCC’’) filed with the Securities and submitted to NSCC for clearing are applicable to such organization. The Exchange Commission (‘‘Commission’’) currently being submitted in real-time Commission believes the proposal is on a trade-by-trade basis, and NSCC is consistent with section 17A(b)(3)(F) of proposed rule change SR–NSCC–2015– operationally capable of managing trade the Act.12 004 pursuant to section 19(b)(1) of the volumes that are multiple times larger Section 17A(b)(3)(F) of the Act Securities Exchange Act of 1934 1 2 requires, among other things, that the (‘‘Act’’), and Rule 19b–4 thereunder, than the historical peak volumes. NSCC will require that trade data rules of a clearing agency be designed to to require correspondent clearing trades submitted through its Correspondent promote the prompt and accurate to be submitted in real-time. The Clearing service, as described below, be clearance and settlement of securities proposed rule change was published for submitted in real-time and to prohibit transactions, as well as, in general, comment in the Federal Register on 3 pre-netting and other practices that protect investors and the public October 14, 2015. The Commission did prevent real-time trade submission interest.13 By permitting T+1 CMU not receive comment letters regarding (‘‘pre-netting practices’’). NSCC will transactions to settle through CNS or the the proposed change. For the reasons Balance Order Accounting Operation, discussed below, the Commission is exclude from this requirement position the transactions will receive the benefit granting approval of the proposed rule movements between NSCC Members of NSCC’s settlement services, change. that are Affiliates and Client Custody including, in the case of CNS, a trade Movements, as described below. The I. Description of the Proposed Rule term ‘‘real-time,’’ when used with guarantee. Thus, the proposal will Change protect investors and the public interest respect to trade submission, is defined by mitigating NSCC Members’ The following is a description of the in Procedure XIII (Definitions) of the settlement risk and counterparty risk. proposed rule change, as provided by Rules as the submission of trade data on As such, the Commission believes that NSCC: a trade-by-trade basis promptly after the proposal is consistent with section The proposed rule change consists of trade execution, in any format and by 17A(b)(3)(F) of the Act.14 amendments to NSCC’s Rules & any communication method acceptable Procedures (‘‘Rules’’) in order to require to NSCC. III. Conclusion that trade data submitted to NSCC NSCC’s UTC system receives and On the basis of the foregoing, the through its Correspondent Clearing validates transactions that are submitted Commission finds that the proposal is service, other than position movements to it, reports trade details back out to the consistent with the requirements of the between NSCC Members that are submitting firm, and prepares those Act and in particular with the Affiliates and Client Custody transactions for netting and settlement requirements of section 17A of the Movements, as described further below, by routing transactions to netting and Act 15 and the rules and regulations settlement systems, such as Continuous thereunder. 16 In approving the proposed rule change, the Net Settlement Accounting Operation, It is therefore ordered, pursuant to Commission considered the proposal’s impact on the Balance Order Accounting efficiency, competition, and capital formation. 15 section 19(b)(2) of the Act, that U.S.C. 78c(f). Operation, or the Foreign Security 17 17 CFR 200.30–3(a)(12). Accounting Operation, as applicable. 11 15 U.S.C. 78s(b)(2)(C). 1 15 U.S.C. 78s(b)(1). Transactions are submitted to UTC 12 15 U.S.C. 78q–1(b)(3)(F). 2 17 CFR 240.19b–4. 13 Id. 3 See Securities Exchange Act Release No. 76099 4 Terms not defined herein are defined in the 14 Id. (October 7, 2015), 80 FR 61860 (October 14, 2015) Rules, available at http://dtcc.com/∼/media/Files/ 15 15 U.S.C. 78q–1. (SR–NSCC–2015–004). Downloads/legal/rules/nscc_rules.pdf.

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either on a locked-in basis by self- submit Correspondent Clearing movements in real-time, but will regulatory organizations (including submissions to NSCC as soon as continue to be encouraged to do so. national and regional exchanges and possible following execution, currently Positions movements between Affiliates marketplaces) (‘‘SROs’’) and Qualified these position movements may be sent represent fewer than 5% of trade data Special Representatives (‘‘QSRs’’),5 or to NSCC either in real-time, intraday, or submitted through Correspondent are submitted to UTC as a part of at the end of the day. Clearing to NSCC.10 NSCC’s Correspondent Clearing service, NSCC has continued to engage widely In order to submit trade data through which allows for post-execution with its Members about the benefits of Correspondent Clearing outside of the position movements between two expanding the requirements to submit real-time trade submission clearing firms. Currently all transactions transactions in real-time and, as a result requirements, Special Representatives submitted to NSCC on a locked-in basis of these continuing discussions, will will need to identify a transaction as an by SROs and QSRs, which constitute modify its Rules to require that trade Affiliate position movement. NSCC will approximately 95% of all transactions data submitted through its validate the Affiliates’ relationship processed at NSCC,6 are required to be Correspondent Clearing service also be between the counterparties by a check submitted in real-time and may not be submitted in real-time. The proposed against the information within NSCC’s pre-netted or batched prior to rule change will also prohibit pre- membership management records as of submission.7 netting practices that prevent real-time the time of the trade submission. NSCC’s Correspondent Clearing trade submission through Members continue to be required to service is designed to provide an Correspondent Clearing. provide NSCC with current information automated method by which a Member, NSCC’s Rules currently prohibit pre- regarding their corporate ownership acting as a Special Representative, may netting practices that preclude real-time structure. If an Affiliate relationship is move a position that has been submitted submission with respect to submissions not reflected on NSCC’s records at the to NSCC for clearing to the account of by QSRs and SROs. Pre-netting practices time of the trade submission, the another Member (the submitting that are currently prohibited include transaction will be rejected. Member’s correspondent) on whose ‘‘summarization’’ (a technique in which NSCC will also exclude from the behalf the original trade was executed.8 the clearing broker nets all trades in a requirements of this proposal position Members participating in the single CUSIP by the same correspondent movements that occur between two Correspondent Clearing service for post- broker into fewer submitted trades), unaffiliated clearing brokers, typically at execution position movements and ‘‘compression’’ (a technique to combine the end of the day, on behalf of a those participating as a QSR for submissions of data for multiple trades common customer for custody purposes submission of original, locked-in trades to the point where the identity of the (‘‘Client Custody Movements’’). These are required to apply for status as a party actually responsible for the trades movements, which today represent Special Representative or as a QSR, and is masked), netting, or any other approximately 1% of submissions to establish relationships with other practice that combines two or more through Correspondent Clearing, will be NSCC Members that will be designated trades prior to their submission to exempt from the requirement because as their correspondents. While NSCC NSCC. they necessarily take place at the end of encourages Special Representatives to NSCC will extend the prohibition the day, after the common client has against pre-netting practices to reviewed its end of day positions and 5 QSRs are defined in section 3 of Rule 7 as NSCC submissions through Correspondent has instructed the clearing brokers as to Members that have applied to NSCC to be a Special which positions it will move for custody Representative, and either (i) operate an automated Clearing because pre-netting practices execution system where they are always the contra prevent the submission to NSCC of purposes. side of every trade, (ii) are the parent or affiliate of transactions on a trade-by-trade basis, NSCC will amend Rule 7 (Comparison an entity operating such an automated system, and Trade Recording Operation), where they are the contra side of every trade, or (iii) and cause Special Representatives to delay submission of their trades, thereby Procedure II (Trade Comparison and clear for a broker/dealer that operates such a system Recording Service), and Procedure IV and the subscribers to the system acknowledge the undermining the risk mitigation benefits clearing Member’s role in the clearance and of real-time trade submission. Pre- (Special Representative Service) to settlement of these trades. Rules, supra note 4. netting practices disrupt NSCC’s ability require that trades submitted by Special 6 Based on data from the second quarter of 2015, to accurately monitor market and credit Representatives for trade recording which show an approximate daily average of 41 through NSCC’s Correspondent Clearing million transactions processed at NSCC, with an risks as they evolve during the trading approximate total daily value of an average of $455 day. service be submitted on a real-time basis billion; and an approximate average of 1.1 million NSCC will exclude from the and to make clear that trade data submissions through Correspondent Clearing, with requirements of this proposal any submitted to NSCC through an approximate total daily value of an average of Correspondent Clearing service must be $57 billion. The average daily volume of position movements between Members submissions through Correspondent Clearing is less that are Affiliates, as identified within submitted on a trade-by-trade basis, in than 5% of NSCC’s overall daily volume. NSCC’s membership management the original form executed, and that pre- 7 Securities Exchange Act Release No. 69890 records. As defined in Rule 4A, netting practices are prohibited. The (June 28, 2013), 78 FR 40538 (July 5, 2013) (File No. proposed rule change will also make SR–NSCC–2013–05). See also Rule 7 (Comparison ‘‘Affiliate’’ means a person that controls and Trade Recording Operation), Procedure II or is controlled by or is under common clear that these requirements will not (Trade Comparison and Recording Service), and control with another person.9 Position Procedure IV (Special Representative Service), 10 Based on data from the second quarter of 2015, supra note 4. movements between Affiliates do not which show an approximate daily average of 1.1 8 The term ‘‘original trade’’ is used within the introduce the risk management concerns million submissions through Correspondent Rules describing the Correspondent Clearing service that are mitigated by real-time trade Clearing at NSCC, with an approximate total daily solely to distinguish between trades executed in the submission. As such, Members will not value of an average of $57 billion; and an marketplace by the Special Representative, and approximate average of 52,000 position movements transactions booked for accounting purposes to be required to submit these position through Correspondent Clearing between Affiliates, accommodate the movement of positions between with an approximate total daily value of an average Members as provided for in Section C of Procedure 9 Control of a person means the direct or indirect of $13 billion. The average daily volume of position IV. Original trades may not be submitted through ownership or power to vote more than 50% of any movements through Correspondent Clearing NSCC’s Correspondent Clearing service. Rules, class of the voting securities or other voting between Affiliates is less than 1% of NSCC’s overall supra note 4. interests of any person. Rule 4A, supra note 4. daily volume.

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apply to position movements between risk and minimize them through the it has not filed any periodic reports NSCC Members that are Affiliates or to development of appropriate systems, since the period ended January 31, Client Custody Movements. controls, and procedures . . . .’’ 16 As 2013. On October 22, 2014, the Division stated above, the Commission believes of Corporation Finance sent African Implementation that the receipt of locked-in trade data Copper a delinquency letter requesting The effective date of the proposed on a real-time basis through NSCC’s compliance with their periodic filing rule change will be announced via a Correspondent Clearing service will obligations, but the letter was returned NSCC Important Notice. The proposed enable NSCC’s risk management because of African Copper’s failure to rule change will not be implemented processes to monitor such trades closer maintain a valid address on file with the earlier than ten business days from the to trade execution, on an intra-day basis, Commission, as required by date of Commission approval. and, thus, identify and manage related Commission rules (Rule 301 of Regulation S–T, 17 CFR 232.301 and II. Discussion and Commission risk exposure earlier, thereby potentially Section 5.4 of EDGAR Filer Manual). Findings minimizing a source of operational risk. As such, the Commission believes that It appears to the Securities and Section 19(b)(2)(C) of the Act 11 the proposal is consistent with Rule Exchange Commission that there is a directs the Commission to approve a 17Ad–22(d)(4).17 lack of current and accurate information proposed rule change of a self- concerning the securities of Genmed regulatory organization if it finds that III. Conclusion Holding Corp. (CIK No. 1061688), a such proposed rule change is consistent On the basis of the foregoing, the revoked Nevada corporation with its with the requirements of the Act and Commission finds that the proposal is principal place of business listed as rules and regulations thereunder consistent with the requirements of the Zoetermeer, The Netherlands, with applicable to such organization. The Act and in particular with the stock quoted on OTC Link under the Commission believes the proposal is requirements of section 17A of the ticker symbol GENM, because it has not consistent with section 17A(b)(3)(F) of Act 18 and the rules and regulations filed any periodic reports since the the Act 12 and Rule 17Ad–22(d)(4) 13 thereunder. period ended December 31, 2012. On under the Act, as described in detail It is therefore ordered, pursuant to October 22, 2014, the Division of below. section 19(b)(2) of the Act, that Corporation Finance sent Genmed Consistency with Section 17A(b)(3)(F) proposed rule change SR–NSCC–2015– Holding a delinquency letter requesting of the Act. Section 17A(b)(3)(F) of the 004 be, and hereby is, Approved.19 compliance with their periodic filing Act requires, among other things, that obligations, but the letter was returned For the Commission, by the Division of because of Genmed Holdings’ failure to the rules of a clearing agency be Trading and Markets, pursuant to delegated designed to promote the prompt and authority.20 maintain a valid address on file with the Commission, as required by accurate clearance and settlement of Robert W. Errett, securities transactions, as well as, in Commission rules (Rule 301 of Deputy Secretary. general, protect investors and the public Regulation S–T, 17 CFR 232.301 and interest.14 The Commission believes [FR Doc. 2015–29728 Filed 11–20–15; 8:45 am] Section 5.4 of EDGAR Filer Manual). that the receipt of locked-in trade data BILLING CODE 8011–01–P It appears to the Securities and on a real-time basis through NSCC’s Exchange Commission that there is a Correspondent Clearing service will lack of current and accurate information SECURITIES AND EXCHANGE enable NSCC’s risk management concerning the securities of Yanglin COMMISSION processes to monitor such trades closer Soybean, Inc. (CIK No. 1368745), a to trade execution and, thus, better [File No. 500–1] revoked Nevada corporation with its identify and manage related risk principal place of business listed as exposure on an intra-day basis. Further, In the Matter of African Copper Corp., Heilongjiang Province, China, with receiving such transactions in real-time Genmed Holding Corp., and Yanglin stock quoted on OTC Link under the will promote intra-day reconciliation Soybean, Inc., Order of Suspension of ticker symbol YSYB, because it has not and, in return, more timely reporting of Trading filed any periodic reports since the Member transactions back to Members, period ended December 31, 2012. On November 19, 2015. thereby enabling Members to manage November 7, 2014, the Division of their exposure to certain operational, It appears to the Securities and Corporation Finance sent Yanglin market, and credit risks, all of which Exchange Commission that there is a Soybean a delinquency letter requesting helps facilitate the prompt and accurate lack of current and accurate information compliance with their periodic filing clearance and settlement of securities concerning the securities of African obligations, but the letter was returned transactions. As such, the Commission Copper Corp. (CIK No. 1526185), a because of Yanglin Soybean’s failure to believes that the proposal is consistent revoked Nevada corporation with its maintain a valid address on file with the with section 17A(b)(3)(F) of the Act.15 principal place of business listed as Commission, as required by Consistency with Rule 17Ad–22(d)(4). Mowbray, Cape Town, South Africa, Commission rules (Rule 301 of Rule 17Ad–22(d)(4) under the Act with stock quoted on OTC Link Regulation S–T, 17 CFR 232.301 and requires a central counterparty, such as (previously, ‘‘Pink Sheets’’) operated by Section 5.4 of EDGAR Filer Manual). NSCC, to ‘‘establish, implement, OTC Markets Group, Inc. (‘‘OTC Link’’) The Commission is of the opinion that maintain and enforce written policies under the ticker symbol ACCS, because the public interest and the protection of and procedures reasonably designed to investors require a suspension of trading 16 . . . [i]dentify sources of operational 17 CFR 240.17Ad–22(d)(4). in the securities of the above-listed 17 Id. companies. 18 15 U.S.C. 78q–1. 11 Therefore, it is ordered, pursuant to 15 U.S.C. 78s(b)(2)(C). 19 In approving the proposed rule change, the 12 Section 12(k) of the Securities Exchange 15 U.S.C. 78q-1(b)(3)(F). Commission considered the proposal’s impact on 13 17 CFR 240.17Ad–22(d)(4). efficiency, competition, and capital formation. 15 Act of 1934, that trading in the 14 15 U.S.C. 78q-1(b)(3)(F). U.S.C. 78c(f). securities of the above-listed companies 15 Id. 20 17 CFR 200.30–3(a)(12). is suspended for the period from 9:30

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a.m. EST on November 19, 2015, the proposed rule change and discussed in particular, in that it is designed to through 11:59 p.m. EST on December 3, any comments it received on the promote just and equitable principles of 2015. proposed rule change. The text of these trade, to foster cooperation and By the Commission. statements may be examined at the coordination with persons engaged in Jill M. Peterson, places specified in Item IV below. The facilitating transactions in securities, to Exchange has prepared summaries, set remove impediments to and perfect the Assistant Secretary. forth in Sections A, B, and C below, of mechanism of a free and open market [FR Doc. 2015–29870 Filed 11–19–15; 11:15 am] the most significant parts of such and a national market system and, in BILLING CODE 8011–01–P statements. general, to protect investors and the A. Self-Regulatory Organization’s public interest. The proposed rule SECURITIES AND EXCHANGE Statement of the Purpose of, and change promotes just and equitable COMMISSION Statutory Basis for, the Proposed Rule principles of trade because it would Change provide Users with greater flexibility in [Release No. 34–76456; File No. SR–EDGX– routing orders consistent with 2015–53] 1. Purpose Regulation NMS without developing complicated order routing strategies on Self-Regulatory Organizations; EDGX The Exchange proposes to amend their own. The Exchange believes that Exchange, Inc.; Notice of Filing and Rule 11.11, Routing to Away Trading the proposed routing option will also Immediate Effectiveness of a Proposed Centers, to adopt a new routing option accomplish those ends by providing Rule Change To Amend Rule 11.11, to be known as ALLB. As proposed, Routing to Away Trading Centers ALLB would be a routing option under market participants with an additional which the order checks the System 5 for voluntary routing option that will November 17, 2015. available shares and is then sent to the enable them to easily access liquidity Pursuant to Section 19(b)(1) of the BATS Exchange, Inc. (‘‘BZX’’), BATS Y- available on all of the national securities Securities Exchange Act of 1934 (the Exchange, Inc. (‘‘BYX’’), and the EDGA exchanges operated by BGM Affiliated ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange, Inc. (‘‘EDGA’’ collectively Exchanges. The Exchange expects the notice is hereby given that on November with the Exchange, BZX, and BYX, the routing strategy will benefit firms that 9, 2015, EDGX Exchange, Inc. (the ‘‘BGM Affiliated Exchanges’’). do not employ routing or trading ‘‘Exchange’’ or ‘‘EDGX’’) filed with the Specifically, an order subject to the strategies under which the firm itself Securities and Exchange Commission ALLB routing option would execute first would rapidly access liquidity provided (‘‘Commission’’) the proposed rule against contra-side displayed and non- on the multiple venues. ALLB would change as described in Items I and II displayed liquidity on the EDGX Book 6 not provide any advantage to Users below, which Items have been prepared at the National Best Bid or Offer when routing to the EDGA, BZX, or BYX by the Exchange. The Exchange has (‘‘NBBO’’) or better. Any remainder, as compared to other methods of routing designated this proposal as a ‘‘non- would then be routed to BZX, BYX, or connectivity available to Users by the controversial’’ proposed rule change and/or EDGA in accordance with the Exchange. pursuant to Section 19(b)(3)(A) of the System routing table.7 If shares remain Lastly, the Exchange also notes that Act 3 and Rule 19b–4(f)(6)(iii) unexecuted after routing, they are routing options enabling the routing of thereunder,4 which renders it effective posted to the EDGX Book, unless orders between affiliated exchanges is upon filing with the Commission. The otherwise instructed by the User.8 In not unique and that the ALLB routing Commission is publishing this notice to such case, the User may instruct the option is similar to routing options solicit comments on the proposed rule Exchange to cancel the remaining offered by other exchange groups that change from interested persons. shares. ALLB is designed to comply permit routing between affiliates. with Rule 611 and all other provisions Specifically, the Nasdaq Stock Market I. Self-Regulatory Organization’s of Regulation NMS.9 LLC (‘‘Nasdaq’’), the Nasdaq OMX BX Statement of the Terms of the Substance (‘‘BX’’), Nasdaq OMX PSX (‘‘PSX’’) offer 2. Statutory Basis of the Proposed Rule Change routing options that enable an order, The Exchange filed a proposal to The Exchange believes that its whether sent to Nasdaq, BX, or PSX, to amend Rule 11.11, Routing to Away proposal is consistent with Section 6(b) check the Nasdaq, BX, and PSX books Trading Centers, to adopt a new routing of the Act 10 in general, and furthers the for liquidity before optionally posting to option to be known as ALLB. objectives of Section 6(b)(5) of the Act 11 the Nasdaq, BX, or PSX book.12 In The text of the proposed rule change addition, BZX previously offered a is available at the Exchange’s Web site 5 The term ‘‘System’’ is defined as ‘‘the electronic variation of a Destination Specific communications and trading facility designated by at www.batstrading.com, at the 13 the Board through which securities orders of Users Order which routed to and executed principal office of the Exchange, and at are consolidated for ranking, execution and, when by its affiliate, BYX, known as the B2B the Commission’s Public Reference applicable, routing away.’’ See Exchange Rule routing.14 Therefore, the Exchange Room. 1.5(cc). 6 The term ‘‘EDGX Book’’ is defined as ‘‘the 12 See Securities Exchange Act Release Nos. II. Self-Regulatory Organization’s System’s electronic file of orders.’’ See Exchange 63900 (February 14, 2011), 76 FR 9397 (February Statement of the Purpose of, and Rule 1.5(d). 17, 2011) (SR–Nasdaq–2011–026); 65470 (October Statutory Basis for, the Proposed Rule 7 The term ‘‘System routing table’’ refers to the 3, 2011), 76 FR 62489 (October 7, 2011) (SR–BX– Change proprietary process for determining the specific 2011–048); and 65469 (October 3, 2011), 76 FR trading venues to which the System routes orders 62486 (October 7, 2011) (SR–Phlx–2011–108) In its filing with the Commission, the and the order in which it routes them. See (Notices of Filing and Immediate Effectiveness to Exchange included statements Exchange Rule 11.11(g). adopt the CART, BCRT, and PCRT routing options 8 concerning the purpose of and basis for The term ‘‘User’’ is defined as ‘‘any Member or on Nasdaq, BX, and PSX respectively). See also Sponsored Participant who is authorized to obtain Nasdaq Rule 4758(a)(1)(A)(xi); BX Rule access to the System pursuant to Rule 11.3.’’ See 4758(a)(1)(A)(vii); and PSX Rule 3315(a)(1)(A)(vii). 1 15 U.S.C. 78s(b)(1). Exchange Rule 1.5(ee). 13 See Exchange Rule 11.11(g)(14). 2 17 CFR 240.19b–4. 9 17 CFR 242.611. 14 See Securities Exchange Act Release No. 63146 3 15 U.S.C. 78s(b)(3)(A). 10 15 U.S.C. 78f(b). (October 21, 2010), 75 FR 66170 (October 27, 2010) 4 17 CFR 240.19b–4(f)(6)(iii). 11 15 U.S.C. 78f(b)(5). (SR–BATS–2010–030). The Exchange notes that

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believes the proposal removes proposed rule change has become • Send an email to rule-comments@ impediments to and perfects the effective pursuant to Section 19(b)(3)(A) sec.gov. Please include File No. SR– mechanism of a free and open market of the Act 15 and paragraph (f)(6) of Rule EDGX–2015–53 on the subject line. and a national market system, and, in 19b–4 thereunder.16 The Exchange has general, protects investors and the given the Commission written notice of Paper Comments public interest. its intent to file the proposed rule • Send paper comments in triplicate B. Self-Regulatory Organization’s change, along with a brief description to Secretary, Securities and Exchange and text of the proposed rule change at Statement on Burden on Competition Commission, 100 F Street NE., least five business days prior to the date Washington, DC 20549–1090. The Exchange does not believe that of filing of the proposed rule change, or the proposed rule change will result in such shorter time as designated by the All submissions should refer to File No. any burden on competition that is not Commission. SR–EDGX–2015–53. This file number necessary or appropriate in furtherance The Exchange has asked the should be included on the subject line of the purposes of the Act, as amended. Commission to waive the 30-day if email is used. To help the The Exchange provides routing services operative delay so that the proposal may Commission process and review your in a highly competitive market in which become operative immediately upon comments more efficiently, please use participants may avail themselves of a filing. The Exchange states that having wide variety of routing options offered only one method. The Commission will this additional voluntary routing option post all comments on the Commission’s by self-regulatory organizations, will give market participants greater alternative trading systems, other Internet Web site (http://www.sec.gov/ flexibility in routing orders and allow rules/sro.shtml). Copies of the broker-dealers, market participants’ own them to more easily access liquidity on proprietary routing systems, and service submission, all subsequent BGM Affiliated exchanges. In addition, bureaus. In such an environment, amendments, all written statements the Exchange states that the proposed system enhancements such as the with respect to the proposed rule rule change is similar to a routing changes proposed in this rule filing do change that are filed with the option offered by other exchanges and not burden competition, because they Commission, and all written does not propose any new or unique can succeed in attracting order flow to communications relating to the functionality. Based on the foregoing, the Exchange only if they offer investors the Commission believes that the waiver proposed rule change between the higher quality and better value than of the operative delay is consistent with Commission and any person, other than services offered by others. Encouraging the protection of investors and the those that may be withheld from the competitors to provide higher quality 17 public in accordance with the and better value is the essence of a well- public interest. Therefore, the Commission hereby waives the provisions of 5 U.S.C. 552, will be functioning competitive marketplace. available for Web site viewing and Lastly, ALLB would not provide any operative delay and designates the printing in the Commission’s Public advantage to Users when routing to the proposal operative upon filing. Reference Room, 100 F Street NE., BZX, EDGA, or BYX as compared to At any time within 60 days of the other methods of routing or connectivity filing of the proposed rule change, the Washington, DC 20549 on official available to Users by the Exchange. Commission summarily may business days between the hours of Therefore, the Exchange does not temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of such believe the proposed rule change will it appears to the Commission that such filing also will be available for result in any burden on intermarket action is necessary or appropriate in the inspection and copying at the principal competition that is not necessary or public interest, for the protection of office of the Exchange. All comments appropriate in furtherance of the investors; or otherwise in furtherance of received will be posted without change; purposes of the Act. the purposes of the Act. If the the Commission does not edit personal Commission takes such action, the identifying information from C. Self-Regulatory Organization’s Commission shall institute proceedings Statement on Comments on the submissions. You should submit only to determine whether the proposed rule information that you wish to make Proposed Rule Change Received From should be approved or disapproved. Members, Participants, or Others available publicly. All submissions IV. Solicitation of Comments should refer to File No. SR–EDGX– No comments were solicited or 2015–53, and should be submitted on or received on the proposed rule change. Interested persons are invited to before December 14, 2015. III. Date of Effectiveness of the submit written data, views, and arguments concerning the foregoing, For the Commission, by the Division of Proposed Rule Change and Timing for Trading and Markets, pursuant to delegated Commission Action including whether the proposed rule change is consistent with the Act. authority.18 Because the proposed rule change Comments may be submitted by any of Robert W. Errett, does not: (i) Significantly affect the the following methods: Deputy Secretary. protection of investors or the public [FR Doc. 2015–29711 Filed 11–20–15; 8:45 am] interest; (ii) impose any significant Electronic Comments BILLING CODE 8011–01–P burden on competition; and (iii) become • Use the Commission’s Internet operative for 30 days from the date on comment form (http://www.sec.gov/ which it was filed, or such shorter time rules/sro.shtml); or as the Commission may designate if consistent with the protection of 15 15 U.S.C. 78s(b)(3)(A). investors and the public interest, the 16 17 CFR 240.19b–4. 17 For purposes only of waiving the 30-day BYX offered similar routing capabilities to BZX. See operative delay, the Commission has also Securities Exchange Act Release No. 63299 considered the proposed rule’s impact on (November 10, 2010), 75 FR 70325 (November 17, efficiency, competition, and capital formation. See 2010) (SR–BYX–2010–005). 15 U.S.C. 78c(f). 18 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s to create synthetic long and synthetic COMMISSION Statement of the Purpose of, and short stock positions, respectively. Statutory Basis for, the Proposed Rule Because the strategy trades referenced above are commonly executed in large [Release No. 34–76451; File No. SR–ISE– Change 2015–37) volumes with profit margins that are 1. Purpose generally narrow, the Exchange Self-Regulatory Organizations; The Exchange proposes to amend the proposes to cap the transaction fees Schedule of Fees to introduce a strategy International Securities Exchange, associated with such executions at $750 fee cap program that provides a cap on LLC; Notice of Filing and Immediate per trade for orders executed on the Market Maker, Non-ISE Market Maker, same day in the same option class.3 In Effectiveness of Proposed Rule Firm Proprietary/Broker-Dealer, and addition, strategy trades will be subject Change To Amend the Schedule of Professional Customer fees charged for to a monthly cap of $25,000 per member Fees six types of strategy trades: Reversals, for all strategy executions. All eligible November 17, 2015. conversions, jelly rolls, mergers, short volume from affiliated members will be stock interest, and box spreads. These aggregated for purposes of the fee cap, Pursuant to Section 19(b)(1) of the strategy trades are defined below: provided there is at least 75% common Securities Exchange Act of 1934 (the ‘‘Reversal’’—A reversal strategy is ownership between the members as ‘‘Act’’),1 and Rule 19b–4 thereunder,2 defined as transactions that employ reflected on each member’s Form BD, notice is hereby given that on November calls, puts and the underlying security Schedule A. If a member submits an 2, 2015, the International Securities to lock in a nearly risk free profit. order that qualifies for the per trade or Exchange, LLC (the ‘‘Exchange’’ or the Reversals are established by combining per month fee cap for strategy orders, ‘‘ISE’’) filed with the Securities and a short security position with a short only the amount actually paid for those Exchange Commission the proposed put and a long call position that shares trades (i.e., the capped amounts) will be rule change, as described in Items I, II, the same strike and expiration. counted towards the Crossing Fee Cap, and III below, which items have been ‘‘Conversion’’—A conversion strategy if applicable.4 prepared by the self-regulatory is defined as transactions that employ Several other options exchanges offer organization. The Commission is calls, puts and the underlying security similar strategy cap programs that to lock in a nearly risk free profit. publishing this notice to solicit reduce members’ fees when executing Conversions employ long positions in strategy trades.5 The Exchange believes comments on the proposed rule change the underlying security that accompany that by adopting a similar program to from interested persons. long puts and short calls sharing the lower fees for strategy trades, the I. Self-Regulatory Organization’s same strike and expiration. Exchange will be able to attract Statement of the Terms of Substance of ‘‘Jelly Roll’’—A jelly roll strategy is additional liquidity to the benefit of all the Proposed Rule Change defined as a long calendar call spread market participants that trade on the combined with the same short calendar Exchange. The ISE proposes to amend the put spread, or vice versa. This option 2. Statutory Basis Schedule of Fees to introduce a per strategy aims to profit from a time value trade and per month fee cap for strategy spread through the purchase and sale of The Exchange believes that the orders as described in more detail two call and two put options, each with proposed rule change is consistent with 6 below. The text of the proposed rule different expiration dates. A jelly roll is the provisions of Section 6 of the Act, created by entering into two separate in general, and Section 6(b)(4) of the change is available on the Exchange’s 7 Web site (http://www.ise.com), at the positions simultaneously. One position Act, in particular, in that it is designed to provide for the equitable allocation of principal office of the Exchange, and at involves buying a put and selling a call with the same strike price and reasonable dues, fees, and other charges the Commission’s Public Reference among its members and other persons Room. expiration. The second position involves selling a put and buying a call, using its facilities. II. Self-Regulatory Organization’s with the same strike price, but a The Exchange believes that it is Statement of the Purpose of, and different expiration from the first reasonable and equitable to introduce a Statutory Basis for, the Proposed Rule position. per trade and per month fee cap for Change ‘‘Merger’’—A merger strategy is strategy trades as this will reduce the defined as transactions done to achieve fees charged to members that execute In its filing with the Commission, the a merger arbitrage involving the their strategy trades on the Exchange. self-regulatory organization included purchase, sale and exercise of options of The proposed strategy fee cap is statements concerning the purpose of, the same class and expiration date, each designed to compete with fee caps in and basis for, the proposed rule change executed prior to the date on which place on other options exchanges. By and discussed any comments it received shareholders of record are required to lowering the cost of strategy executions on the proposed rule change. The text elect their respective form of on the Exchange, the Exchange intends to attract this order flow, which will of these statements may be examined at consideration, i.e., cash or stock. the places specified in Item IV below. ‘‘Short Stock Interest’’—A short stock interest strategy is defined as 3 Members must submit a form provided by the The self-regulatory organization has Exchange to identify their strategy trades. prepared summaries, set forth in transactions done to achieve a short 4 For example, if a member submits a strategy sections A, B and C below, of the most stock interest arbitrage involving the order that would normally incur a fee of $2,000 but significant aspects of such statements. purchase, sale and exercise of in-the- is capped at $750 per trade, only the $750 that is money options of the same class. actually paid by the member is counted towards the ‘‘Box Spread’’—A box spread strategy Crossing Fee Cap, if applicable. 5 See e.g. Nasdaq OMX Phlx (‘‘Phlx’’) Schedule of is defined as transactions involving a Fees, Section II, Multiply Listed Options Fees, long call option and a short put option Strategies Defined. 1 15 U.S.C. 78s(b)(1). at one strike, combined with a short call 6 15 U.S.C. 78f. 2 17 CFR 240.19b–4. option and long put at a different strike, 7 15 U.S.C. 78f(b)(4).

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increase available liquidity to the C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the benefit all members and investors that Statement on Comments on the submission, all subsequent trade on the Exchange. The Exchange Proposed Rule Change Received From amendments, all written statements further believes that adopting a fee cap Members, Participants or Others with respect to the proposed rule for strategy trades is not unfairly The Exchange has not solicited, and change that are filed with the discriminatory because all Market does not intend to solicit, comments on Commission, and all written Maker, Non-ISE Market Maker, Firm this proposed rule change. The communications relating to the Proprietary/Broker-Dealer, and Exchange has not received any proposed rule change between the Professional Customer that execute unsolicited written comments from Commission and any person, other than strategy trades on the Exchange will members or other interested parties. those that may be withheld from the have an opportunity to benefit from this public in accordance with the cap. The Exchange does not believe that III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be it is unfairly discriminatory not to apply Proposed Rule Change and Timing for available for Web site viewing and a similar cap for Priority Customer Commission Action printing in the Commission’s Public orders as Priority Customers do not The foregoing rule change has become Reference Room, 100 F Street NE., generally enter strategy orders, which effective pursuant to Section Washington, DC 20549 on official involve large volume trades, and already 19(b)(3)(A)(ii) of the Act 9 and business days between the hours of receive free or heavily discounted subparagraph (f)(2) of Rule 19b–4 10:00 a.m. and 3:00 p.m. Copies of such execution fees and therefore would not thereunder,10 because it establishes a filing also will be available for benefit from a strategy trade fee cap. due, fee, or other charge imposed by inspection and copying at the principal ISE. office of the ISE. All comments received The Exchange also believes that it is At any time within 60 days of the will be posted without change; the reasonable equitable and not unfairly filing of such proposed rule change, the Commission does not edit personal discriminatory to aggregate affiliates for Commission summarily may identifying information from purposes of the monthly fee cap for temporarily suspend such rule change if submissions. You should submit only strategy orders as the language it appears to the Commission that such information that you wish to make permitting aggregation of volume action is necessary or appropriate in the available publicly. All submissions amongst corporate affiliates is intended public interest, for the protection of should refer to File Number SR–ISE– to avoid disparate treatment of firms investors, or otherwise in furtherance of 2015–37 and should be submitted by that have divided their various business the purposes of the Act. If the December 14, 2015. activities between separate corporate Commission takes such action, the For the Commission, by the Division of entities as compared to firms that Commission shall institute proceedings operate those business activities within Trading and Markets, pursuant to delegated to determine whether the proposed rule authority.11 a single corporate entity. In this regard, should be approved or disapproved. the Exchange notes that the proposed Robert W. Errett, definition of ‘‘affiliate’’ is consistent IV. Solicitation of Comments Deputy Secretary. with the definition used in other parts Interested persons are invited to [FR Doc. 2015–29706 Filed 11–20–15; 8:45 am] of the Schedule of Fees. submit written data, views, and BILLING CODE 8011–01–P arguments concerning the foregoing, B. Self-Regulatory Organization’s including whether the proposed rule Statement on Burden on Competition change is consistent with the Act. SMALL BUSINESS ADMINISTRATION Comments may be submitted by any of In accordance with Section 6(b)(8) of Reporting and Recordkeeping 8 the following methods: the Act, the Exchange does not believe Requirements Under OMB Review that the proposed rule change will Electronic Comments impose any burden on intermarket or AGENCY: Small Business Administration. • Use the Commission’s Internet intramarket competition that is not comment form http://www.sec.gov/ ACTION: 30-Day Notice. necessary or appropriate in furtherance rules/sro.shtml); or SUMMARY: The Small Business of the purposes of the Act. The • Send an Email to rule-comments@ Exchange believes that the proposed Administration (SBA) is publishing this sec.gov. Please include File No. SR–ISE– notice to comply with requirements of strategy cap is pro-competitive as it is 2015–37 on the subject line. designed to compete with strategy caps the Paperwork Reduction Act (PRA) (44 already in place on other markets, and Paper Comments U.S.C. Chapter 35), which requires will lower the fees charged to members • Send paper comments in triplicate agencies to submit proposed reporting that execute strategy trades on the to Secretary, Securities and Exchange and recordkeeping requirements to Exchange. The Exchange operates in a Commission, 100 F Street NE., OMB for review and approval, and to highly competitive market in which Washington, DC 20549–1090. publish a notice in the Federal Register notifying the public that the agency has market participants can readily direct All submissions should refer to File made such a submission. This notice their order flow to competing venues. In Number SR–ISE–2015–37. This file also allows an additional 30 days for such an environment, the Exchange number should be included on the public comments. must continually review, and consider subject line if email is used. To help the adjusting, its fees and rebates to remain Commission process and review your DATES: Submit comments on or before competitive with other exchanges. For comments more efficiently, please use December 23, 2015. the reasons described above, the only one method. The Commission will ADDRESSES: Comments should refer to Exchange believes that the proposed fee post all comments on the Commissions the information collection by name and/ changes reflect this competitive Internet Web site (http://www.sec.gov/ or OMB Control Number and should be environment. sent to: Agency Clearance Officer, Curtis 9 15 U.S.C. 78s(b)(3)(A)(ii). 8 15 U.S.C. 78f(b)(8). 10 17 CFR 240.19b–4(f)(2). 11 17 CFR 200.30–3(a)(12).

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Rich, Small Business Administration, Suite 910, Washington, DC 20036, or by Types—Discussion 409 3rd Street SW., 5th Floor, telephone at (202) 833–9339, fax at (202) d. Industry Interest in Runway Washington, DC 20416; and SBA Desk 833–9434, or Web site at http:// Overrun Alerting—possible new Officer, Office of Information and www.rtca.org or Karan Hofmann, Special Committee (SC)— Regulatory Affairs, Office of Program Director, RTCA, Inc., Discussion Management and Budget, New [email protected], (202) 330–0680. e. Planning Forward Session— Executive Office Building, Washington, SUPPLEMENTARY INFORMATION: Pursuant Discussion DC 20503. to section 10(a) (2) of the Federal f. Wireless Avionics Intra FOR FURTHER INFORMATION CONTACT: Advisory Committee Act (Pub. L. 92– Communication—possible new Curtis Rich, Agency Clearance Officer, 463, 5 U.S.C., App.), notice is hereby Special Committee (SC)— (202) 205–7030, [email protected]. given for a meeting of the RTCA Discussion Copies: A copy of the Form OMB 83– Program Management Committee. The g. UPS GPS issue—Update 1, supporting statement, and other agenda will include the following: 6. Discussion documents submitted to OMB for a. SC–206—Aeronautical Information review may be obtained from the Tuesday, December 15, 2015 and Meteorological Data Link Agency Clearance Officer. 1. Welcome and Introductions Services—Discussion—Revised SUPPLEMENTARY INFORMATION: In 2. Review/Approve TOR accordance with 13 CFR 124.604, as part a. Meeting Summary September 22, b. SC–209—Air Traffic Control Radar of its annual review submission, each 2015, RTCA Paper No. 181–15/ Beacon System/Mode Select Participant owned by a Tribe, ANC, PMC–1362 (ATCRBS/Mode S) Transponder— NHO or CDC must submit to SBA b. Summary of Electronic Approvals Discussion—Revised TOR information showing how they have since last PMC c. SC–213—Enhanced Flight Vision provided benefits to their members and i. Revised TOR SC–147—MOPS for Systems/Synthetic Vision communities. This data includes Traffic Alert and Collision Systems—Discussion—Revised information relating to funded cultural Avoidance Systems Airborne TOR programs, employment assistance, jobs, Equipment d. SC–225—Rechargeable Lithium ii. Revised TOR SC–224—Standards scholarships, internships, subsistence Batteries and Battery Systems— for Airport Security Access Control activities, and other services provided. Discussion—Status Update on DO– Title: 8(A) Participant Benefits Report. Systems 311 Revision Description of Respondents: 8(a) 3. Publication Consideration/Approval e. SC–233—Addressing Human Program Participants—Entity Owned a. Final Draft, Revised Document, Factors/Pilot Interface Issues for (Indian Tribe, Alaskan Native DO–300A—Minimum Operational Avionics—Discussion—Status Corporations, Native Hawaiian Performance Standards (MOPS) for Update Traffic Alert and Collision Organizations, and Community f. SC–234—Portable Electronic Avoidance System II (TCAS II) Development Corporations. Devices—Discussion—Revised TOR Hybrid Surveillance, prepared by Form Number: 2456. g. Design Assurance Guidance for SC–147 Estimated Annual Responses: 329. Airborne Electronic Hardware— b. Change 2 to DO–300—Minimum Estimated Annual Hour Burden: 165. Status—Possible New Special Operational Performance Standards Committee to Update RTCA DO– Curtis B. Rich, (MOPS) for Traffic Alert and 254 Management Analyst. Collision Avoidance System II h. Forum of Aeronautical Software— [FR Doc. 2015–29693 Filed 11–20–15; 8:45 am] (TCAS II) Hybrid Surveillance, Discussion—Update BILLING CODE 8025–01–P prepared by SC–147 c. Final Draft, Revised Document, i. NAC—Status Update DO–262B—Minimum Operational j. TOC—Status Update k. FAA Actions Taken on Previously DEPARTMENT OF TRANSPORTATION Performance Standards for Avionics Supporting next Generation Published Documents—Report Federal Aviation Administration Satellite System (NGSS) Iridium l. Special Committees—Chairmen’s Specific Appendix D, prepared by Reports and Active Inter-Special Meeting: RTCA Program Management SC–222 Committee Requirements Committee (PMC) d. Final Draft, Revised Document, Agreements (ISRA)—Review DO–230E—Standards for Airport m. European/EUROCAE AGENCY: Federal Aviation Security Access Control Systems, Coordination—Status Update Administration (FAA), U.S. Department n. Planning Forward—Discussion of Transportation (DOT). prepared by SC–224 e. Final Draft, Revised Document, 7. Other Business ACTION: Notice of RTCA Program DO–283A—Minimum Operational 8. Schedule for Committee Deliverables Management Committee Meeting. Performance Standards for Required and Next Meeting Date 9. New Action Item Summary SUMMARY: The FAA is issuing this notice Navigation Performance for Area Navigation, prepared by SC–227 Attendance is open to the interested to advise the public of a RTCA Program public but limited to space availability. Management Committee meeting. 4. Integration and Coordination Committee (ICC) With the approval of the chairman, DATES: The meeting will be held a. Need for IP Standards—Update members of the public may present oral December 15th from 8:30 a.m.–4:30 p.m. 5. Past Action Item Review statements at the meeting. Persons ADDRESSES: The meeting will be held at a. DO–361 Disclaimer—Discussion wishing to present statements or obtain RTCA Headquarters, 1150 18th Street b. PMC Ad-Hoc MASPS vs. guidance information should contact the person NW., Suite 910, Washington, DC 20036, ‘‘discontinuity’’ between RTCA and listed in the FOR FURTHER INFORMATION Tel: (202) 330–0680. EUROCAE documentation— CONTACT section. Members of the public FOR FURTHER INFORMATION CONTACT: The Discussion may present a written statement to the RTCA Secretariat, 1150 18th Street NW., c. Review of RTCA Document committee at any time.

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Issued in Washington, DC, on November access to sensitive habitats and natural Dated: November 16, 2015. 18, 2015. resources in rural landscapes, urban Sandra Otto, Latasha Robinson, areas, wetlands, coastal plains, Division Director, Western Federal Lands Management & Program Analyst, NextGen, mountain highlands and everything in Highway Division, FHWA, Vancouver, Enterprise Support Services Division, Federal between. Washington. Aviation Administration. [FR Doc. 2015–29779 Filed 11–20–15; 8:45 am] With more than 150 million acres, 560 [FR Doc. 2015–29828 Filed 11–20–15; 8:45 am] national wildlife refuges, 70 national BILLING CODE 4910–36–P BILLING CODE 4910–13–P fish hatcheries, and 38 wetland management districts, the task is DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION daunting in scope alone. PLAN 2035 is our Agency’s answer to solving Federal Railroad Administration Federal Highway Administration challenges through transportation [Docket Number FRA–2015–0047] solutions. Safety toolkits, roadway U.S. Fish and Wildlife Service Long design standards, multi-modal access Petition for Waiver of Compliance Range Transportation Plan for Service- opportunities and a myriad of other Managed Lands In accordance with part 211 of Title strategies and practices not only let us 49 Code of Federal Regulations (CFR), AGENCY: Federal Highway connect to and move freely about our this document provides the public Administration (FHWA), Department of lands, but also help us improve these notice that by a document dated May 8, Transportation (DOT). legacy resources for generations of 2015, the Stewartstown Railroad (STRT) ACTION: Notice of availability; request visitors to come. has petitioned the Federal Railroad for comments. The Service envisions a transportation Administration (FRA) for a waiver of system of not just roads and parking compliance from certain provisions of Authority: 23 U.S.C. 204. lots, but foot and bicycle paths, transit the Federal railroad safety regulations SUMMARY: The Federal Highway systems, bridges and water trails that lay contained at 49 CFR part 215, Railroad Administration, along with the U.S. lightly on the landscape, yet are Freight Car Safety Standards; Part 223, Fish and Wildlife Service (Service), resilient to the consequences of natural Safety Glazing Standards—Locomotives, announce the availability of a draft disasters. The guidance and strategies Passenger Cars and Cabooses; and Part Service Long Range Transportation Plan contained in PLAN 2035 will set the 224, Reflectorization of Rail Freight (LRTP) for public review and comment. stage for achieving this lofty vision Rolling Stock. FRA assigned the petition The Draft LRTP outlines a strategy for while establishing the transportation Docket Number FRA–2015–0047. STRT owns 7.4 miles of railroad improving and maintaining program as a progressive, innovative between Stewartstown and New transportation assets that provide access and integral part of the Service. to Service-managed lands nationally Freedom, PA. The last revenue trains over the next 20 years. Preparing this The draft LRTP is available on the were operated in 2004. Over the last document helps the Service meet following Web site: http:// several years, volunteers have made transportation planning requirements flh.fhwa.dot.gov/programs/flpp/ repairs and upgrades to track, under the Moving Ahead for Progress in documents/2035-national-lrtp.pdf . locomotives, and rolling stock. STRT the 21st Century Act (MAP–21). Submit comments electronically at initially intends to operate six-tenths of DATES: Please provide your comments [email protected]. a mile out of Stewartstown and by December 23, 2015. We also have a limited number of gradually expand services as more track is rehabilitated to Class 1 condition. ADDRESSES: See Supplementary printed and CD–ROM copies of the draft Initial service will be provided by a 35- Information section for address to obtain plans. You may request a copy or ton Plymouth locomotive and Caboose copies or make comments. submit written comments at the PRR 478173 to carry passengers for FOR FURTHER INFORMATION CONTACT following address: Steve Suder; Attn: : tourist railroad operations conducted at U.S. Fish and Wildlife Service (FWS), FWS National LRTP; US Fish and speeds not exceeding 10 mph. Caboose DOI: Steve Suder, (703) 358–1752 Wildlife Service, 5275 Leesburg Pike, PRR 478173 is the subject of the present Federal Highway Administration MS–NWRS, Falls Church, VA 22041 waiver petition. (FHWA), DOT: Roxanne Bash, (360) Next Steps—After this comment STRT indicates that this car was built 619–7558 period ends, we will analyze the in February 1951, which makes the SUPPLEMENTARY INFORMATION: After comments and address them in the form current date more than 50 years from nearly three years of collaboration and of final LRTP. the date of original construction, and STRT will therefore require relief from planning, the U.S. Fish and Wildlife Public Availability of Comments— Service developed the Service’s Long 49 CFR 215.203, Restricted cars, to Before including your address, phone Range Transportation Plan for managed continue the car in service. Because the number, email address, or other lands, including national wildlife caboose is not equipped with compliant personal identifying information in your refuges and national fish hatcheries. As glazing, SRTR also requests relief from the first national level, long range comment, you should be aware that the requirements of 49 CFR 223.13, transportation planning document your entire comment—including your Requirements for existing cabooses. (called PLAN 2035) for a federal land personal identifying information –may STRT notes that there is no history of management agency, completing this be made publicly available at any time. vandalism and that retrofitting the plan marks a significant achievement for While you can ask us in your comment caboose with compliant glazing would transportation planning in the public to withhold your personal identifying be cost prohibitive. Since STRT does lands arena. information from public review, we not interchange equipment with any of U.S. Fish and Wildlife Service is cannot guarantee that we will be able to the railroad, the railroad also requests tasked with managing a transportation do so. relief from the requirements of 49 CFR system that provides mobility and 215.303, Stenciling of restricted cars.

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STRT notes that there is no freight 14 FDMS), which can be reviewed at the rail transportation policy of 49 service on this line and none is www.dot.gov/privacy. See also http:// U.S.C. 10101; and (2) either the anticipated in the near future. As the www.regulations.gov/#!privacyNotice transaction or service is of limited caboose will be used only in excursion for the privacy notice of regulations.gov. scope, or regulation is not necessary to passenger service, the railroad requests Issued in Washington, DC, on November protect shippers from the abuse of relief from the requirements of 49 CFR 13, 2015. market power. part 224. Ron Hynes, A copy of the petition, as well as any ISRR’s temporary trackage rights were Director, Office of Technical Oversight. written communications concerning the already authorized under the class petition, is available for review online at [FR Doc. 2015–29686 Filed 11–20–15; 8:45 am] exemption at 49 CFR 1180.2(d)(7). www.regulations.gov and in person at BILLING CODE 4910–06–P Granting partial revocation in these the U.S. Department of Transportation’s circumstances will promote the rail transportation policy by eliminating the (DOT) Docket Operations Facility, 1200 DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., W12–140, need to file a second pleading seeking Washington, DC 20590. The Docket Surface Transportation Board discontinuance when the agreement Operations Facility is open from 9 a.m. expires, thereby promoting rail to 5 p.m., Monday through Friday, [Docket No. FD 35965 (Sub-No. 1)] transportation policy goals at 49 U.S.C. except Federal Holidays. Indiana Southern Railroad, LLC— 10101(2), (4), (5), (7), and (15). Interested parties are invited to Temporary Trackage Rights Moreover, limiting the term of the participate in these proceedings by Exemption—Norfolk Southern Railway trackage rights is consistent with the submitting written views, data, or Company limited scope of the transaction comments. FRA does not anticipate previously exempted. Therefore, we will scheduling a public hearing in By petition filed on October 5, 2015, grant the petition and permit the connection with these proceedings since Indiana Southern Railroad, LLC (ISRR), trackage rights exempted in Docket No. the facts do not appear to warrant a requests that the Board partially revoke FD 35965 to expire on January 1, 2020. hearing. If any interested party desires the trackage rights class exemption, 49 an opportunity for oral comment, they CFR 1180.2(d)(7), as it pertains to the To provide the statutorily mandated should notify FRA, in writing, before trackage rights arrangement exempted in protection to any employee adversely the end of the comment period and Docket No. FD 35965, to permit those affected by the discontinuance of specify the basis for their request. trackage rights to expire on January 1, trackage rights, we will impose the All communications concerning these 2020. employee protective conditions set forth proceedings should identify the ISRR states that the temporary in Oregon Short Line Railroad— appropriate docket number and may be trackage rights agreement (Agreement) Abandonment Portion Goshen Branch submitted by any of the following between ISSR and Norfolk Southern Between Firth & Ammon, in Bingham & methods: Railway Company (NS) exempted in Bonneville Counties, Idaho (Oregon • Web site: http:// Docket No. FD 35965 is intended to Short Line), 360 I.C.C. 91 (1979). www.regulations.gov. Follow the online grant ISRR limited overhead temporary instructions for submitting comments. trackage rights to operate over and It is ordered: • Fax: 202–493–2251. provide rail service to one customer on 1. The petition for partial revocation • Mail: Docket Operations Facility, a portion of NS’s rail line between is granted. U.S. Department of Transportation, 1200 milepost 0.8 EJ at Oakland City 2. Under 49 U.S.C. 10502, the trackage New Jersey Avenue SE., W12–140, Junction, Ind., and milepost 4.8 EJ at rights described in Docket No. FD 35965 Washington, DC 20590. Enosville, Ind. Notice of the exemption are exempted, as discussed above, to • Hand Delivery: 1200 New Jersey in FD 35965 was served and published permit the trackage rights to expire on Avenue SE., Room W12–140, in the Federal Register on October 21, Washington, DC 20590, between 9 a.m. 2015 (80 FR 63871). The transaction January 1, 2020, subject to the employee and 5 p.m., Monday through Friday, may be consummated on or after protective conditions set forth in Oregon except Federal Holidays. November 4, 2015, the effective date of Short Line. Communications received by ISSR’s exemption. 3. Notice will be published in the December 23, 2015 will be considered Federal Register on November 23, 2015. by FRA before final action is taken. Discussion and Conclusions 4. This decision is effective on Comments received after that date will Although ISRR and NS have expressly be considered as far as practicable. agreed on the duration of the proposed December 23, 2015. Petitions to stay Anyone is able to search the Agreement, trackage rights approved must be filed by December 3, 2015. electronic form of any written under the class exemption at 49 CFR Petitions for reconsideration must be communications and comments 1180.2(d)(7) typically remain effective filed by December 14, 2015. received into any of our dockets by the indefinitely, regardless of any contract Decided: November 17, 2015. name of the individual submitting the provisions. Occasionally, however, By the Board, Chairman Elliott, Vice comment (or signing the document, if trackage rights exemptions have been Chairman Begeman, and Commissioner submitted on behalf of an association, granted for a limited time period rather Miller. business, labor union, etc.). In than in perpetuity. See, e.g., Union Pac. Kenyatta Clay, accordance with 5 U.S.C. 553(c), DOT R.R.—Trackage Rights Exemption— solicits comments from the public to Burlington N. & Santa Fe Ry., FD 34242 Clearance Clerk. better inform its processes. DOT posts (Sub-No. 1) (STB served Oct. 7, 2002). [FR Doc. 2015–29794 Filed 11–20–15; 8:45 am] these comments, without edit, including Under 49 U.S.C. 10502, the Board BILLING CODE 4915–01–P any personal information the may exempt a person, class of persons, commenter provides, to or a transaction or service, in whole or www.regulations.gov, as described in in part, when it finds that: (1) Continued the system of records notice (DOT/ALL– regulation is not necessary to carry out

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DEPARTMENT OF TRANSPORTATION operators from certain provisions of the DATES: The tier 2 tax rates for calendar Federal statute to permit them to obtain year 2016 apply to compensation paid [Docket No. DOT–OST–2004–16951] economic authority by filing a one-page, in calendar year 2016. Agency Request for Renewal of a front and back, OST Form 4507, Air FOR FURTHER INFORMATION CONTACT: Previously Approved Information Taxi Operator Registration, and Kathleen Edmondson, Collection: Exemptions for Air Taxi Amendments under Part 298 of DOT’s CC:TEGE:EOEG:ET1, Internal Revenue Operations Regulations. Service, 1111 Constitution Avenue NW., DOT expects to receive 200 new air Washington, DC 20224, Telephone AGENCY: Office of the Secretary, DOT. taxi registrations and 2,200 amended air Number (202) 317–6798 (not a toll-free ACTION: Notice and request for taxi registrations each year, resulting in number). TIER 2 TAX RATES: The tier comments. 2,400 total respondents. Further, DOT 2 tax rate for 2016 under section 3201(b) expects filers of new registrations to on employees is 4.9 percent of SUMMARY: The Department of take 1 hour to complete the form, while compensation. The tier 2 tax rate for Transportation (DOT) invites public it should only take 30 minutes to 2016 under section 3221(b) on comments about our intention to request prepare amendments to the form. Thus, employers is 13.1 percent of the Office of Management and Budget the total annual burden is expected to compensation. The tier 2 tax rate for (OMB)’s approval to renew an be 1,300 hours. 2016 under section 3211(b) on employee information collection. The collection Respondents: U.S. air taxi operators. representatives is 13.1 percent of involves a classification of air carriers Number of Respondents: 2,400. compensation. known as air taxi operators and their Frequency: On occasion. filings of a one-page form that enables Dated: November 13, 2015. Number of Responses: 2,400. them to obtain economic authority from Victoria A. Judson, DOT. The information to be collected is Total Annual Burden: 1,300 hours. Associate Chief Counsel (Tax Exempt and necessary for DOT to determine whether Public Comments Invited: You are Government Entities). an air taxi operator meets DOT’s criteria asked to comment on any aspect of this [FR Doc. 2015–29718 Filed 11–20–15; 8:45 am] information collection, including (a) for an economic authorization in BILLING CODE 4830–01–P accordance with DOT rules. We are Whether the proposed collection of required to publish this notice in the information is necessary for [your office]’s performance; (b) the accuracy of Federal Register by the Paperwork DEPARTMENT OF VETERANS the estimated burden; (c) ways for [your Reduction Act of 1995, Public Law 104– AFFAIRS 13. office] to enhance the quality, utility and clarity of the information collection; [OMB Control No. 2900–0099] DATES: Written comments should be and (d) ways that the burden could be submitted by January 22, 2016. minimized without reducing the quality Proposed Information Collection ADDRESSES: You may submit comments of the collected information. The agency (Dependents’ Request for Change of [identified by Docket No. DOT–OST– will summarize and/or include your Program or Place of Training) Activity: 2004–16951] through one of the comments in the request for OMB’s Comment Request following methods: clearance of this information collection. • Federal eRulemaking Portal: http:// AGENCY: Veterans Benefits www.regulations.gov. Follow the online Authority: The Paperwork Reduction Act Administration, Department of Veterans instructions for submitting comments. of 1995; 44 U.S.C. Chapter 35, as amended; Affairs. and 49 CFR 1:48. • Fax: 1–202–493–2251 ACTION: Notice. • Mail or Hand Delivery: Docket Issued in Washington, DC on November 16, Management Facility, U.S. Department 2015. SUMMARY: The Veterans Benefits of Transportation, 1200 New Jersey Lauralyn J. Remo, Administration (VBA), Department of Avenue SE., West Building, Room W12– Chief, Air Carrier Fitness Division, Office of Veterans Affairs (VA), is announcing an 140, Washington, DC 20590, between 9 Aviation Analysis. opportunity for public comment on the a.m. and 5 p.m., Monday through [FR Doc. 2015–29780 Filed 11–20–15; 8:45 am] proposed collection of certain Friday, except on Federal holidays. BILLING CODE 4910–9X–P information by the agency. Under the FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act (PRA) of Vanessa R. Balgobin, (202) 366–9721, 1995, Federal agencies are required to Office of Aviation Analysis, Office of publish notice in the Federal Register the Secretary, U.S. Department of DEPARTMENT OF THE TREASURY concerning each proposed collection of Transportation, 1200 New Jersey information, including each proposed Internal Revenue Service Avenue SE., Washington, DC, 20590. revision of a currently approved collection, and allow 60 days for public SUPPLEMENTARY INFORMATION: Publication of the Tier 2 Tax Rates comment in response to the notice. This OMB Control Number: 2105–0565. notice solicits comments on the revision Title: Exemptions for Air Taxi AGENCY: Internal Revenue Service (IRS), of the form to remove the statement that Operations. Treasury. chapter 35 recipients cannot choose Form Numbers: OST Form 4507. ACTION: Notice. Type of Review: Renewal of an Electronic Funds Transfer (EFT). information collection. SUMMARY: Publication of the tier 2 tax DATES: Written comments and Background: Part 298 of Title 14 of rates for calendar year 2016 as required recommendations on the proposed the Code of Federal Regulations, by section 3241(d) of the Internal collection of information should be Exemptions for Air Taxi Registration, Revenue Code (26 U.S.C. 3241). Tier 2 received on or before January 22, 2016. establishes a classification of air carriers taxes on railroad employees, employers, ADDRESSES: Submit written comments known as air taxi operators that offer on- and employee representatives are one on the collection of information through demand passenger service. The source of funding for benefits under the Federal Docket Management System regulation exempts these small Railroad Retirement Act. (FDMS) at www.Regulations.gov or to

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Nancy J. Kessinger, Veterans Benefits Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: Under the Administration (20M33), Department of 144,333 PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Veterans Affairs, 810 Vermont Avenue By direction of the Secretary. 3501–3521), Federal agencies must obtain approval from the Office of NW., Washington, DC 20420 or email to Kathleen M. Manwell, [email protected]. Please refer to Management and Budget (OMB) for each Program Analyst, VA Privacy Service, Office collection of information they conduct ‘‘OMB Control No. 2900–0099’’ in any of Privacy and Records Management, correspondence. During the comment Department of Veterans Affairs. or sponsor. This request for comment is period, comments may be viewed online being made pursuant to Section [FR Doc. 2015–29723 Filed 11–20–15; 8:45 am] through the FDMS. 3506(c)(2)(A) of the PRA. BILLING CODE 8320–01–P FOR FURTHER INFORMATION CONTACT: With respect to the following Nancy J. Kessinger at (202) 632–8924 or collection of information, VHA invites comments on: (1) Whether the proposed FAX (202) 632–8925. DEPARTMENT OF VETERANS collection of information is necessary SUPPLEMENTARY INFORMATION: AFFAIRS Under the for the proper performance of VHA’s PRA of 1995 (Pub. L. 104–13; 44 U.S.C. [OMB Control No. 2900–NEW] functions, including whether the 3501–21), Federal agencies must obtain information will have practical utility; approval from the Office of Management Proposed Information Collection (2) the accuracy of VHA’s estimate of and Budget (OMB) for each collection of (Requirement To Present Certain the burden of the proposed collection of information they conduct or sponsor. Health Information for a Service Dog; information; (3) ways to enhance the This request for comment is being made Activity: Comment Request quality, utility, and clarity of the pursuant to section 3506(c)(2)(A) of the information to be collected; and (4) PRA. AGENCY: Veterans Health ways to minimize the burden of the With respect to the following Administration, Department of Veterans collection of information on collection of information, VBA invites Affairs. respondents, including through the use comments on: (1) whether the proposed ACTION: Notice. of automated collection techniques or collection of information is necessary the use of other forms of information for the proper performance of VBA’s SUMMARY: The Veterans Health technology. functions, including whether the Administration (VHA), Department of Titles: Requirement to Present Certain information will have practical utility; Veterans Affairs (VA), is announcing an Health Information for a Service Dog (2) the accuracy of VBA’s estimate of the opportunity for public comment on the under 38 CFR 1.218(a)(11). burden of the proposed collection of proposed collection of certain OMB Control Number: 2900–NEW. information; (3) ways to enhance the information by the agency. Under the Type of Review: New Collection quality, utility, and clarity of the Paperwork Reduction Act (PRA) of Request. information to be collected; and (4) 1995, Federal agencies are required to Abstract: Pursuant to 38 U.S.C. 901, ways to minimize the burden of the publish notice in the Federal Register VA may prescribe rules to provide for collection of information on concerning each proposed collection of the maintenance of law and order and respondents, including through the use information and allow 60 days for the protection of persons and property of automated collection techniques or public comment in response to the on VA property. VA implements this the use of other forms of information notice. This notice solicits comments on authority in regulations at 38 CFR 1.218 technology. the information needed for Veterans, pertaining to security and law Title: Dependents’ Request for Change Veteran Representatives and health care enforcement. This final rule will amend of Program or Place of Training, VA providers to request reimbursement § 1.218(a)(11) to require VA facilities to Form 22–5495. from the federal government for permit service animals on VA property OMB Control Number: 2900–0099. emergency services at a private consistent with 40 U.S.C. 3103 (section Type of Review: Revision of a institution. 3103) and Public Law 112–154, § 109, currently approved collection. 126 Stat. 1165 (2012) (section 109). DATES: Written comments and Abstract: Spouses, surviving spouses, Section 3103(a) provides that guide dogs recommendations on the proposed and children who are eligible for or other service animals accompanying collection of information should be Survivor’s and Dependent’s Educational individuals with disabilities and received on or before January 22, 2016. Assistance (DEA) benefits under chapter especially trained for that purpose shall 35, and children eligible for the Marine ADDRESSES: Submit written comments be admitted to any building or other Gunnery Sergeant John David Fry on the collection of information through property owned or controlled by the Scholarship (Fry Scholarship) under Federal Docket Management System Federal Government on the same terms chapter 33, title 38, U.S. Code, complete (FDMS) at www.Regulations.gov; or and conditions, and subject to the same VA Form 22–5495 to change their Brian McCarthy, Office of Regulatory regulations, as generally govern the program of education or place of and Administrative Affairs, Veterans admission of the public to the property. training. VA uses the information Health Administration (10B4), Section 109 provides that VA collected to determine if the new Department of Veterans Affairs, 810 specifically may not prohibit the use of program is suitable to their abilities, Vermont Avenue NW., Washington, DC a covered service dog in any VA facility, aptitudes, and interest; and to verify the 20420 or email: Brian.McCarthy4@ on any VA property, or in any facility new place of training is approved for va.gov. Please refer to ‘‘Requirement to or on any property that receives funding benefits. Present Certain Health Information for a from VA, and further defines a covered Affected Public: Individuals or Service Dog under 38 CFR 1.218(a)(11), service dog as a service dog that has households. OMB Control No. 2900–NEW’’ in any been trained by an entity that is Estimated Annual Burden: 36,038 correspondence. During the comment accredited by an appropriate accrediting hours. period, comments may be viewed online body that evaluates and accredits Estimated Average Burden Per through the FDMS. organizations which train guide or Respondent: 15 minutes. FOR FURTHER INFORMATION CONTACT: service dogs. Current 38 CFR Frequency of Response: On occasion. Brian McCarthy at (202) 461–6345. 1.218(a)(11), however, reads that dogs

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and other animals, except seeing-eye Veterans Affairs (VA) home loan management activity. The cost factor dogs, shall not be brought upon guaranty program concerning the calculation also includes an amount property except as authorized by the percentage to be used in calculating the equal to the gain or loss experienced by head of the facility or designee. Our purchase price of a property that VA on the resale of those properties. VA current regulation can be interpreted to secured a terminated loan. The new annually analyzes its property allow the head of a VA facility or percentage is 15.95 percent. management results and computes a designee to bar access to all animals DATES: The new percentage is effective new cost factor. The cost factor that is other than seeing-eye dogs, which is December 23, 2015. applicable to program participants is the inconsistent with both section 3103(a) FOR FURTHER INFORMATION CONTACT: cost factor most recently published in and section 109. We therefore revise our Andrew Trevayne, Assistant Director for the Notices section of the Federal regulation to be consistent with the Loan and Property Management, Register. See 38 CFR 36.4301. requirements in section 3103(a) and Department of Veterans Affairs, 810 The published cost factor remained section 109. The collection associated Vermont Ave. NW., Washington, DC unchanged at 11.87 percent between with this regulation revision only 20420, (202) 632–8795 (not a toll-free 1999 and 2012, as VA was concerned applies to those service dogs that would number). that a dramatic increase would have be staying on VA property with a caused risk-averse lenders to Veteran for extended periods of time SUPPLEMENTARY INFORMATION: The VA significantly limit VA lending, impose while that Veteran is being treated in a home loan guaranty program, stricter credit overlays, or cease making residential treatment setting. This authorized by 38 U.S.C. chapter 37, VA-guaranteed loans altogether. The net collection is not associated with the offers a partial guaranty against loss to effect would have diminished the ability basic entry of a service dog generally on loan holders who are the holders of of veteran borrowers to use their VA VA property. This collection is also home loans to veterans. When a veteran home loan guaranty benefit, and the no- associated with the entry of Animal borrower defaults on a VA-guaranteed downpayment option and foreclosure- Assisted Therapy and Animal Assisted loan, VA is obligated to pay a guaranty avoidance protections associated with Activity animals on VA property, and claim to the loan holder. See 38 U.S.C. it. residential animals on VA residential 3732. If the requirements of 38 U.S.C. units. 3732(c) are satisfied, a foreclosing loan As market conditions improved, and Affected Public: Individuals or holder also has the option of conveying in an effort to more closely reflect the Households. a foreclosed property to VA. costs of real property disposition, VA Estimated Annual Burden: 125 Requirements related to conveyance of began a measured approach to burden hours. properties are found at 38 CFR 36.4322 increasing the cost factor in FY 2012, by Estimated Average Burden per through 36.4326. A key component in raising it to 14.95 percent. Respondent: 5 minutes. the conveyance of a property to VA is VA is continuing its measured Frequency of Response: Annually. the net value of the property to the approach to align its published cost Estimated Number of Respondents: Government. Net value is prescribed in 1,500. factor with property disposition costs. 38 U.S.C. 3732(c) and further defined at In order to more accurately reflect the By direction of the Secretary. 38 CFR 36.4301. costs of acquiring, managing, and Kathleen M. Manwell, Essentially, net value is the fair reselling properties in the home loan VA Privacy Service, Office of Privacy and market value of the property, minus the guaranty program, VA is revising the net Records Management, Department of total costs the Secretary estimates would value cost factor to 15.95 percent. Veterans Affairs. be incurred by VA resulting from the Accordingly, the loan holder (or its [FR Doc. 2015–29694 Filed 11–20–15; 8:45 am] acquisition and disposition of the authorized servicing agent) will use a BILLING CODE 8320–01–P property for property operating 15.95 percent cost factor to calculate the expenses, selling expenses, and subtraction from the fair market value to administrative cost. See 38 CFR arrive at the net value of the property DEPARTMENT OF VETERANS 36.4301. The costs of acquisition and under the provisions of 38 CFR AFFAIRS disposition are represented by a 36.4322(c). This revised cost factor will percentage that VA computes annually. be used in net value calculations made Loan Guaranty: Net Value Percentage Id. VA refers to the computed Update by loan holders and servicers, beginning percentage as the cost factor. Id. on December 23, 2015. In computing the cost factor, VA AGENCY: Department of Veterans Affairs Dated: November 18, 2015. (VA). determines the average operating Jeffrey M. Martin, ACTION: Notice. expenses incurred for managing properties that were sold during the Program Manager, Regulation Policy and SUMMARY: This notice provides preceding fiscal year, as well as the Management, Office of the General Counsel. information to lenders and mortgage average administrative cost to VA [FR Doc. 2015–29787 Filed 11–20–15; 8:45 am] holders in the U.S. Department of associated with the property BILLING CODE 8320–01–P

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Part II

Federal Communications Commission

47 CFR Parts 2, 15, 27, et al. Unlicensed Use of TV Band and 600 MHz Band Spectrum; Final Rule

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FEDERAL COMMUNICATIONS SUPPLEMENTARY INFORMATION: This is a guard bands. It also adopts rules to COMMISSION summary of the Commission’s Report & permit, for a limited time, operation of Order (R&O), ET Docket No. 14–165, licensed wireless microphones in the 47 CFR Parts 2, 15, 27, 74, and 95 FCC 15–99, adopted August 6, 2015, new 600 MHz service band. [ET Docket No. 14–165; FCC 15–99] and released August 11, 2015. The full 4. The R&O also expands location and text of this document is available for frequency information in the white Unlicensed Use of TV Band and 600 inspection and copying during normal space databases and makes other MHz Band Spectrum business hours in the FCC Reference changes to database procedures. Finally, Center (Room CY–A257), 445 12th it adopts transition periods for the AGENCY: Federal Communications Street SW., Washington, DC 20554. The certification, manufacturing and Commission. full text may also be downloaded at: marketing of white space devices and ACTION: Final rule. www.fcc.gov. People with Disabilities: unlicensed wireless microphones to To request materials in accessible comply with the new requirements. SUMMARY: The Commission recently formats for people with disabilities adopted rules to repurpose broadcast (braille, large print, electronic files, A. TV Bands television spectrum for new wireless audio format), send an email to fcc504@ 5. The Commission modifies the part services via an incentive auction. This fcc.gov or call the Consumer & 15 rules to specify technical document modifies Commission rules Governmental Affairs Bureau at 202– requirements for fixed device operation for unlicensed wireless devices and 418–0530 (voice), 202–418–0432 (tty). at power levels below four watts wireless microphones in the Summary of Report and Order permitting them to operate closer to or reconstituted TV bands and the new 600 adjacent to occupied TV channels. The MHz band. This document modifies the 1. The R&O makes rule changes for Commission expands the permissible Commission’s rules for unlicensed unlicensed white space devices in the frequencies for fixed operation to operations in the frequency bands that television broadcasting band and the include TV channels 3 and 4 and for are now and will continue to be 600 MHz band, while protecting personal/portable operation to include allocated and assigned to broadcast licensed users from harmful spectrum below TV channel 20. Both television services (TV bands), interference. It modifies the types of devices may also operate on the including fixed and personal/portable Commission’s part 15 rules to permit vacant channels above and below white space devices and unlicensed fixed and personal/portable devices to channel 37 that are now available only wireless microphones. It adopts use TV channels previously unavailable for wireless microphone use. The technical and operational rules for to them while continuing to protect TV Commission also adopts part 15 rules unlicensed devices and wireless services from harmful interference by for unlicensed wireless microphone microphones in the 600 MHz guard adjusting the technical and operational operations in the TV bands. In addition, bands, including the duplex gap, and in rules. It also adopts rules for white the Commission modifies the part 15, the 600 MHz band that will be space device operations in the 600 MHz Subpart H rules to replace the terms repurposed for new wireless services. It band—including the duplex gap, guard ‘‘television band device’’ or ‘‘TVBD’’ also adopts rules for fixed and personal/ bands, 600 MHz service band and with the term ‘‘white space device’’ portable white space device operation channel 37. White space devices will throughout. on channel 37 and for the operation of continue to access the white space unlicensed wireless microphones in the databases for channel assignments in 1. Fixed White Space Devices TV bands. This document modify the the TV bands, as well as in the 600 MHz a. Operation in Less Spectrum white space database rules to implement band and channel 37. certain decisions, including protecting 2. The R&O also takes actions that 6. Adjacent to occupied channels. The areas where new 600 MHz service will continue to accommodate Commission will allow fixed white licensees commence operation and areas unlicensed wireless microphone use in space devices to operate adjacent to used by incumbent services on channel the TV bands and the 600 MHz band, occupied TV channels (within their 37. while protecting licensed users from service contour) at a power level of 40 harmful interference. By codifying part milliwatts EIRP. This action provides DATES: Effective December 23, 2015, 15 rules for unlicensed wireless consistent treatment of similarly except for the amendments to microphone use, it brings these devices powered fixed and portable devices and §§ 15.713(b)(2)(iv) through (v), (j)(4), under the traditional policy tenets for will allow the use of fixed devices in (j)(10), and (j)(11), 15.715(n) through (q), unlicensed devices, i.e., they are not more locations than the current rules 27.1320, and 95.1111(d), which contain entitled to interference protection and allow, i.e., where there are fewer than new or modified information collection they must not cause harmful three contiguous vacant channels, while requirements that require approval by interference to authorized services. at the same time protecting licensed the OMB under the Paperwork Unlicensed wireless microphones will users from harmful interference. It will Reduction Act (PRA). The Commission access the white space databases to also allow fixed white space devices to will publish a document in the Federal identify frequencies available for their operate in the 600 MHz guard band Register announcing the effective date use in the TV bands, duplex gap, guard immediately adjacent to the remaining when approved by OMB. The bands and 600 MHz service band. TV spectrum. The Commission will incorporation by reference listed in the 3. The R&O reserves four megahertz of limit the height of 40 milliwatt fixed rules is approved by the Director of the spectrum in the duplex gap for wireless devices to 10 meters above ground level Federal Register as of December 23, microphones licensed under part 74 of (AGL) to limit their interference 2015. the Commission’s rules where they can potential to TV reception on adjacent FOR FURTHER INFORMATION CONTACT: operate on an as-needed basis that is not channels. This provides for comparable Hugh L. Van Tuyl, Office of Engineering shared with white space devices. rules (i.e. 40 milliwatts) between fixed and Technology, (202) 418–7506, email: Operation will be limited to the same and personal portable white space [email protected], TTY (202) 418– technical requirements as unlicensed devices for adjacent to TV channel 2989. wireless microphones operating in the operation. By limiting antenna height to

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10 meters AGL rather than 30 meters three megahertz segment of the highest 13. The Commission is adopting a AGL as the rules currently allow, the and lowest channel being used) is only requirement to adjust the conducted Commission can limit the distance at 1 dB higher than the 40 milliwatt limit power limits when higher gain antennas which a fixed white space device could the Commission is allowing for fixed (greater than 6 dBi) are used to limit the potentially cause interference to devices operating with no frequency maximum radiated emissions. television reception. separation from occupied TV channels Specifically, it will require that when 7. There are additional factors that and is therefore within the margin of the maximum gain of a fixed device will limit fixed devices’ potential for additional interference protection antenna exceeds 6 dBi, the maximum causing harmful interference to TV provided by the three megahertz conducted power, PSD and adjacent reception. The situation where a separation. The out-of-band emissions channel emission limits for each EIRP directional TV antenna and a directional limit for white space devices will serve level be reduced by the amount in dB fixed white space device antenna would to reduce the amount of out-of-band that the maximum antenna gain exceeds be oriented such that the maximum emissions that appear in the pass-band 6 dBi. This requirement is consistent white space signal would be received by of a television receiver and further with the current white space rules and a TV antenna is a low probability event, reduce the potential for interference. To and the height disparity between TV is necessary to limit the maximum provide an additional measure of radiated power from white space receive and white space transmit interference protection to TV reception, devices. The Commission is also antennas will ensure some additional the Commission is limiting such adopting a requirement that when a discrimination between the two signals. operation to antenna heights of 10 white space device operates between Also, the Commission is requiring 40 meters AGL or less, consistent with its milliwatt fixed devices to meet the same decision to limit 40 milliwatt fixed defined EIRP levels, the conducted out-of-band emission as 40 milliwatt devices operating adjacent to an power and PSD limits must be linearly personal/portable devices and to occupied TV channel to antenna heights interpolated between the defined incorporate transmit power control to of 10 meters or less. values. This requirement provides operate at the minimum power 10. The Commission is not adopting flexibility to operate at precise power necessary, which will reduce the its proposed four watt EIRP limit for levels appropriate for an application likelihood of harmful interference to white space device operation at the while taking advantage of a 6 dBi gain adjacent channel TV reception to short center of two contiguous vacant antenna. The Commission is also distances, making identification of a channels. However, should new studies adopting a requirement that when a fixed device that may be causing and information become available in the white space device operates between harmful interference fairly future showing that higher power two defined power levels, it comply straightforward since those devices’ operation is possible without causing with the adjacent channel emission locations must be registered in the interference to TV reception, the limit for the higher power level. This database. Commission may revisit this issue. requirement is consistent with the 8. Two contiguous vacant channels. adjacent channel emission limits To increase spectrum efficiency while 11. The Commission will allow fixed previously adopted by the Commission. protecting incumbent TV broadcast white space devices to aggregate The Commission does not believe that a operations, the Commission will allow multiple available channels and fixed white space devices to operate transmit at a maximum of 100 reduction in adjacent channel emission with a maximum of 100 milliwatts EIRP milliwatts EIRP per channel so long as limits will significantly affect at locations where there are at least two the white space signal occupies only equipment costs because the lower contiguous vacant TV channels and the three megahertz of the lowest and emission limits apply only to equipment white space device’s signal occupies highest channel and the power spectral operating at lower power levels, so there one or more six megahertz bands, density (PSD) requirements, the antenna is no increase in the amount of provided that there is at least three AGL limit of 10 meters, and all attenuation required to comply with the megahertz separating the white space separation criteria are met for each limits. emissions from the edge of lowest and occupied channel. Where available, 14. The Commission will require that highest vacant TV channels on which it such operation will greatly increase the fixed white space devices supply their data rates available to white space is operating. This corresponds to a geographic coordinates and antenna device users. white space device operating with 50 height AGL when querying a database milliwatts EIRP in a three megahertz b. Operation at Lower Power Levels for the list of available channels at their segment of the lowest and highest location. The database will supply the 12. The Commission is providing vacant TV channel being used, leaving list of available channels and the a frequency separation of three flexibility for white space device users maximum power level for each channel. megahertz between the white space by defining a number of lower power The Commission believes that this device’s operating frequency and the levels for fixed white space devices with edges of a adjacent TV channel being correspondingly shorter separation approach is more efficient than the used for broadcast services. distances than the current rules allow, proposed requirement that devices 9. The 100 milliwatt power level that and defining maximum conducted, PSD specify a power level in advance, the Commission adopts for operation and adjacent channel emission limits at because it will allow devices to obtain across multiple vacant TV channels is each power level. The Commission is a list of all available channels at a based on a 2.9 dB lower susceptibility defining separation distances for fixed location along with the maximum of television receivers to harmful devices at EIRP levels of 40 milliwatts, permissible power levels in a single interference from a white space signal 100 milliwatts, 250 milliwatts, 625 query. The Commission will also three megahertz away from the edge of milliwatts and 1600 milliwatts (i.e.,16 require that white space devices not an occupied television channel than to dBm, 20 dBm, 24 dBm, 28 dBm and 32 contain an interface that would allow a white space signal with no frequency dBm, respectively) in addition to the users to select higher power levels than separation from an occupied TV current separation distances at 4000 the database indicates are available for channel. This limit (50 milliwatts in a milliwatts (36 dBm). a channel at a given location.

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c. Channel Bonding rather than relying on a population permitted by waiver; the offshore radio 15. The Commission is making several based metric which may not correlate to service; channel 37; or channel 17 in rule changes that will enable devices to the same areas. In the TV bands, fixed Hawaii. It is not including licensed low use multiple contiguous and non- white space devices will be allowed to power auxiliary devices such as contiguous vacant channels (channel operate in the low VHF, high VHF, and wireless microphones in the definition ‘‘bonding’’ or ‘‘aggregation’’) which will UHF bands under the higher power of broadcast service for this limited permit the development of devices that limit in less congested locations where, purpose because such equipment transmit at higher data rates, thus within the TV band of intended typically is used on a transient basis and making higher speed equipment operation, at least half the allocated thus is not licensed to a specific available to consumers. With respect to television channels are unused for transmitter site. White space databases broadcast services and available for will determine whether a location is a channel bonding, the Commission is white space use, and the fixed white less congested area based on whether at modifying § 15.709 to specify that the space devices are sufficiently separated least half the total number of TV adjacent channel emissions limits do from protected operations to avoid channels in the band of intended not apply within an adjacent channel causing interference to them. operation in an area are unused for that is being used by the same white 17. The Commission is also allowing broadcast services and are available for space device, since in such cases there operation at up to 10 watts EIRP in the fixed devices operating with 40 would be no TV station or other 600 MHz service band in areas where milliwatts at 3 meters HAAT, which authorized service to protect on the licensees have not yet commenced will provide the greatest opportunity for adjacent channel. Instead, the operation. As this band will have been operation at the higher power levels. Commission will require that white repurposed from the current television 20. Because white space device space devices meet these limits within band, it will be similar in propagation operations are controlled by the white the six megahertz bands immediately characteristics to the UHF television space database in all bands, white space above and below the edges of the band band. The Commission is defining ‘‘less devices will be able to operate at higher of contiguous channels used by the congested’’ areas in this band to be the power in less congested areas that will white space device. It is also modifying same areas that will be available in the be allocated and assigned for 600 MHz the rules to require that a white space newly repacked UHF television band. In service after the incentive auction, both device must meet the § 15.209 limits at addition, fixed white space devices in during and after the post-auction frequencies more than six megahertz the 600 MHz service band will need to transition period. The database will be above and below the edges of the adhere to the separation distances updated to include the required highest and lowest channels used in the specified in the rules to protect new separation distances from base stations device, except when the device uses mobile broadband services. or other radio facilities deployed by the multiple non-contiguous channels. 18. The Commission is not modifying 600 MHz service licensees, and, after These requirements will also apply to the rule limiting transmitter conducted the licensees provide the polygonal fixed devices that operate centered on power to one watt, which necessitates shape encompassing those facilities, the the boundary of two channels as the use of high gain antennas to achieve database will be able to determine discussed above, since that is a form of radiated power levels up to 10 watts in whether frequencies in the 600 MHz channel bonding. With respect to less congested areas. It is also not service band are available for white channel aggregation, the modified rules altering the rules limiting antenna space use at the device’s location. As in § 15.709(d)(1) require that when a height above ground or HAAT to 30 television stations are repacked and 600 white space device transmits on meters and 250 meters respectively. To MHz service licensees commence multiple non-contiguous channels ensure that television stations, 600 MHz operations, there may be a change in simultaneously, it must comply with the service licensees, and other protected which areas are less congested and on adjacent channel emission limits in the operations are protected from which channels in those areas white six megahertz bands above and below interference due to a fixed white space space devices are permitted to operate each of the single channels or channel device operating at more than four watts with higher power, but those changes groups used by the white space device, EIRP, the Commission is increasing the will be transparent to users. and with the § 15.209 limits beyond minimum separation distances between 21. The interference potential of fixed these six megahertz bands. those services and the locations where white space devices operating at EIRP fixed white space devices operate at levels up to 10 watts will extend d. Operation in Less Congested Areas higher power. The Commission is not somewhat farther than that of fixed 16. The Commission is modifying the increasing the maximum allowable devices operating at four watts EIRP. rules to allow fixed white space devices power for personal/portable white space Thus, the Commission is adding in less congested areas to operate up to devices in less congested areas. provisions for the 10 watt EIRP limit in 10 watts EIRP to increase their service 19. For purposes of calculating less § 15.712 of the rules, which contains the range. This power increase will provide congested areas, the Commission protection criteria and separation increased opportunities for white space includes as ‘‘broadcast services’’ distances for each of the services operators to serve more distant broadcast TV—including full power, operating in the TV bands. The customers at less cost and provide point Class A, low power television, and TV distances for 10 watt EIRP operation to point backhaul services, while at the booster stations—and the registered were calculated using the same method same time protecting authorized protected receive sites of broadcast that the Commission previously used in operations from harmful interference auxiliary, TV translator, and Multi- calculating the minimum separation and avoiding any adverse effect on the channel Video Programming Distributor distances between white space fixed ability of white space devices to (MVPD) services. The Commission does devices and television contours. successfully share spectrum among not include non-broadcast services such 22. Private land mobile radio services themselves. The Commission is using as land mobile operations in the 11 (PLMRS) and commercial mobile radio the term ‘‘less congested’’ to describe metropolitan areas where such use is service operations on TV channels 14– areas where television spectrum is permitted under § 90.303 of the rules, 20 in 11 major markets and some largely available to white space devices, nor any areas where such operations are additional areas under waivers of the

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rules are protected from interference more locations than the current rules currently in the rules, and thus the from white space devices through allow without causing harmful location uncertainty inherent in a Mode circular exclusion zones. Using the interference, i.e., closer to a television I device becomes more significant. That same methodology previously used to station service contour, since the is, because their controlling station may determine the protection zones for four current separation distances were based now operate closer to TV contours than watt operation, the Commission finds on the assumption that a fixed device under current rules, the Mode I device that fixed white space devices operating always operates at the maximum power could locate such that it is even closer at 10 watts EIRP in less congested areas level of four watts. In addition, since the to those same TV contours, increasing must not operate within a circular current separation distances for its potential to cause harmful exclusion zone of 136 kilometers co- personal/portable devices were also interference to TV reception. The channel and 131.5 kilometers adjacent based on four watts EIRP, they are Commission will require that a fixed or channel for the 11 major markets where greater than necessary since personal/ Mode II device that provides a list of PLMRS stations are permitted to portable devices may operate with a available channels to a Mode I device operate, and within 56 kilometers co- maximum EIRP of 100 milliwatts, or 40 comply with slightly greater separation channel and 51.5 kilometers adjacent milliwatts if they are on a channel distances from the TV contours of channel from PLMRS base stations adjacent to an occupied channel. Thus, stations on the channel or channels that operating outside the 11 major markets these changes will also permit personal/ it indicates are available to the Mode I under a waiver. portable devices to operate in more device. 23. The rules also protect the receive locations. 29. The rules require white space sites of broadcast auxiliary service 26. The Commission declines to allow devices to operate with the minimum (BAS) facilities, TV translators, low the use of the Longley-Rice power necessary for communications. power TV stations, Class A TV stations methodology or other alternative Under this condition, to have a balanced and multichannel video program methodologies for determining white link, the Commission assumes that distributors (MVPDs) by prohibiting space channel availability as a number Mode I devices communicating with white space devices from operating of parties requested. The Commission Mode II devices will operate at similar within a keyhole shaped exclusion zone did not propose any change in the use power levels. Thus, the necessary with the long end of the keyhole aligned of the F(50,50) and F(50,90) curves for separation to protect TV reception from between the protected receiver and its calculating the protected contours of TV a Mode I device will be identical to the associated transmitter. To protect these stations, and stated that the use of the necessary separation for the controlling sites from white space devices that are Longley-Rice methodology was not Mode II device. Given the location located outside the main beam of the appropriate for determining whether a uncertainty of a Mode I device, the receive antenna (i.e., the long end of the white space device would cause Commission can ensure that a Mode I keyhole), the Commission is adjusting harmful interference to TV reception as device complies with the separation those distances to prohibit fixed devices it is computationally intensive and distance rules by requiring the Mode II operating at 10 watts EIRP from would significantly slow the ongoing controlling device to operate at twice operating within 10.2 kilometers co- real-time determination of available TV the required distance in the table of channel and 2.5 kilometers adjacent channels by the white space databases. separation distances for a personal/ channel from the protected received No parties provided technical analyses portable white space device at the site. showing how other alternative allowed power levels. In this manner, a 24. To protect sensitive radio methodologies could be used to Mode I device operating at its maximum astronomy operations and safety-of-life determine white space channel range from a controlling Mode II device wireless medical telemetry devices that availability. should still comply with the minimum 27. The Commission declines to allow use channel 37, the Commission is not distance separation required to protect white space device operators and allowing fixed devices to operate with TV reception. This action will ensure databases to consider the directivity of EIRP higher than four watts on channel that Mode I devices operate sufficiently fixed white space device antennas in far outside the protected contours of co- 37 or channels 36 and 38 at any determining channel availability since channel TV stations to prevent harmful locations. there is not sufficient information in the interference. The Commission will 2. Calculating White Space Device record to show how it could be used similarly require Mode II personal/ Separation Distances From a TV Station without causing harmful interference to portable white space devices to double Contour authorized services. The Commission the adjacent channel separation distance a. Fixed and Personal/Portable Devices could consider this issue again in the when operating at 100 milliwatts and future if parties are able to develop a serving Mode I devices. 25. The Commission is amending the standard to address implementation and 30. The Commission finds that table of separation distances in the Commission gains experience with increasing the separation distance from § 15.712(a)(2) to reflect a range of fixed the more flexible, but more complex, a co-channel protected TV contour by a device power levels below four watts rules it is adopting herein. factor of two for a fixed device EIRP and modifying the separation controlling a Mode I personal/portable distances for personal/portable devices b. Mode I Operation white space device would be overly based on 40 milliwatts and 100 28. The Commission finds that its protective since Mode I devices are milliwatts EIRP at the lowest antenna decision to allow lower power white portable and would operate at low HAAT. The Commission is also space devices to operate at closer antenna heights, thus limiting the range specifying separate tables for co-channel distances to TV station contours at which they could communicate with and adjacent channel separation necessitates some modifications to the a fixed device. Instead, the Commission distances and adding entries showing rules for Mode I devices. By adopting will increase the separation distances which separation distances apply to more realistic separation distances that a fixed device must meet on personal/portable devices. The changes based on a range of operating power, the channels provided to a Mode I device by the Commission is adopting will permit separation distances for lower power the same amount as added for a fixed white space devices to operate in operations become shorter than those controlling Mode II device, i.e., 1.7

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kilometers greater for 100 milliwatt 3. Frequencies of Operation for White operations from fixed white space Mode I devices and 1.3 kilometers Space Devices operations. Personal/portable devices greater for 40 milliwatt Mode I devices. 33. Fixed devices on channels 3 and rely on database access to determine Similarly, the Commission will require 4. The Commission modifies the part 15 their list of available channels, so they such fixed devices to also exceed the rules to permit fixed white space can protect the PLMRS/CMRS in the adjacent channel separation distances devices to operate on TV channels 3 and same manner as fixed devices. 36. The Commission will not permit specified in the table by 0.1 kilometers. 4. This action makes available an personal/portable white space devices The Commission is not changing the additional 12 megahertz of contiguous to operate below channel 14, including requirement that only fixed devices spectrum for their use in areas where channels 3 and 4, as requested by many with an HAAT of 106 meters or less may they are not occupied by authorized unlicensed proponents. The provide lists of available channels to users. Because this spectrum is Commission believes that it is better to Mode I devices. immediately adjacent to channel 2, this maintain the current overall scheme, rule change provides an opportunity for c. Location Accuracy which limits the frequencies where both fixed devices to use the lower VHF band personal/portable and fixed white space 31. The Commission will allow fixed at maximum permitted power in areas devices may operate, with personal/ and Mode II personal/portable devices where all three channels are not portable devices operating in higher to use location technologies that have a occupied. frequency channels than fixed devices. ± 34. The Commission originally lower degree of accuracy than 50 Devices that operate at the lower prohibited white space device operation meters. This change will expand the frequencies typically require larger on channels 3 and 4 to protect TV areas in which white space devices may antennas that are better suited for use by interface devices and TV receivers from operate without causing harmful fixed white space devices than interference to licensed services by direct pickup interference on channels 3 personal/portable devices; thus there is permitting their use at indoor or other and 4. The number of these devices has no clear advantage to permitting locations where a GPS signal that can been declining since 2008. The personal/portable devices below provide location information to ±50 transition from analog to digital TV in channel 14. meters is not available. The Commission 2009 spurred many consumers to 37. White space devices on channels will require fixed and Mode II devices replace their old analog TV receivers above and below channel 37. The to inform the database of their location with digital receivers that have multiple Commission will permit white space uncertainty with a 95% confidence level inputs that allow the connection of devices to operate on the vacant when requesting a list of available external devices without requiring the channels above and below channel 37 channels, and require that the database use of a channel 3 or 4 input signal, and that are now available only for wireless consider this uncertainty in determining the price of new TV receivers has microphone use, beginning 18 months the list of available channels at the dropped significantly since that time, after the effective date of this rule, but device’s location. This requirement is resulting in many more consumers no later than release of the Channel consistent with the standard adopted for replacing their old analog TV receivers. Reassignment Public Notice (PN) at the use across Europe and implemented by TV receivers also have been required to conclusion of the incentive auction. Ofcom in the United Kingdom. The come equipped with digital TV tuners Before this rule change becomes Commission anticipates that its for a number of years, thus eliminating effective, the Commission will have adoption of the same requirement will the need to use an external converter implemented the revised procedures for lead to harmonized devices and lower box to receive over-the-air signals. the immediate reservation and 35. Personal/portable devices on equipment costs for consumers. notification of wireless microphone use channels 14–20. The Commission of vacant channels that it adopts in this 32. To implement this requirement, modifies the part 15 rules to permit proceeding. This will ensure that the databases will increase the personal/portable white space devices licensed wireless microphone users, minimum separation distances from all to operate on TV channels 14–20, but particularly broadcasters and others protected services by the amount that will not permit them to operate below ± who cover breaking news events, will the location uncertainty exceeds 50 TV channel 14. This decision will make have a procedure in place that will meters. For example, no increase in an additional 42 megahertz of spectrum enable them to get immediate access to separation distances will be required for potentially available for personal/ needed spectrum. a device that meets the ±50 meter level portable devices. In adopting the 38. The Commission does not revisit of accuracy, while an adjustment of 50 prohibition on personal/portable white is decision in the Incentive Auction meters would be required for a device space devices on TV channels 14–20 in R&O to permit unlicensed white space with an accuracy of ±100 meters. The 2008, the Commission anticipated that devices to operate on these two vacant Commission will work with the white channels 21–51 would provide adequate channels. NAB’s suggestion that the space database administrators to ensure spectrum resources for personal/ Commission hold out two vacant TV that separation distances are calculated portable white space devices. In light of channels until the end of the post- appropriately. It will require that the repurposing of the TV bands, this auction transition period is not practical applicants for certification of fixed and conclusion is no longer valid. Moreover, because the Commission will not know Mode II devices provide details the Commission concludes that until after the incentive auction how regarding the technologies used by a continuing the prohibition on personal/ much spectrum will be repurposed and device to determine its location and portable device use on channels 14–20 which frequency bands will remain how, in the case of technologies other is not necessary to protect PLMRS/ allocated to broadcasting services. The than GPS, the location uncertainty is CMRS operations. Several white space transition from broadcasting to wireless calculated with a 95% confidence level. databases have become operational over services will occur market by market As part of the certification process, the the past few years, and the locations over a period of time, and the now Commission will test to ensure that where the PLMRS/CMRS is used are vacant TV channels for microphone use these parameters are correctly already in the databases since that will be phased out as markets transition, transmitted to the databases. information is used to protect those making it impossible to identify

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channels in each market for exclusive microphones will ultimately be combination of conducted power and microphone use. The Commission determined by the outcome of the antenna gain. To reduce the compliance concludes that it is better to modify the incentive auction, and the rules will be burden on wireless microphone procedures for microphone users to modified consistent with the auction operators, the Commission is specifying reserve vacant TV channels for results. Consistent with the rules for power limits for these devices only in immediate use because such a wireless microphones licensed under terms of EIRP, rather than allowing the procedure is adaptable to the changing part 74, the Commission will require use of either EIRP or conducted circumstances across the TV bands and unlicensed wireless microphones to measurements as Shure suggests. the 600 MHz band during the post- operate at least four kilometers outside 43. As proposed in the NPRM, the auction transition period. the protected service contours of co- Commission will require unlicensed channel TV stations as defined in the wireless microphones to comply with 4. Unlicensed Wireless Microphones final rules. the same channelization, frequency 39. Definition of unlicensed wireless 41. The Commission will not prohibit stability, and bandwidth requirements microphones in part 15. The the operation of wireless microphones as part 74 wireless microphones. Commission adopts its proposed on channels 14–20 to protect the Private Specifically, it will require that definition of wireless microphone as a Land Mobile Radio and Commercial operation be offset from the upper or device that converts sound into Mobile Radio Services (PLMRS/CMRS) lower channel edge by 25 kHz or an electrical audio signals that are because both licensed and unlicensed integral multiple thereof and that the transmitted using radio signals to a wireless microphones have operated on operating frequency tolerance be 0.005 receiver which converts the radio these channels for years without percent. The Commission will permit signals back into audio signals that are interference to the PLRMS/CMRS. the combination of multiple adjacent 25 sent through a sound recording or 42. Technical requirements for kHz segments within a TV channel to amplifying system. The Commission unlicensed wireless microphones. form an operating channel with a also adopts its proposals that wireless Consistent with the current technical maximum bandwidth not to exceed 200 microphones may be used for cue and rules that apply to unlicensed wireless kHz. Consistent with the measurement control communications and microphones under the existing part 15 requirements for other part 15 synchronization of TV camera signals as waiver, the Commission will permit transmitters, the Commission will defined in section 74.801 of the rules, wireless microphones to operate with a require that the frequency tolerance be and that the definition of wireless power level of up to 50 milliwatts EIRP maintained over a temperature variation microphone does not include auditory in both the VHF and UHF TV bands. of ¥20 degrees to +50 degrees C at assistance devices as defined in § 15.3(a) The Commission is specifying the normal supply voltage, for a variation in of the rules. This definition power limit in terms of EIRP, which it the supply voltage from 85 percent to encompasses the types of wireless bases on a 50 milliwatt conducted 115 percent of the rated supply voltage microphones that currently operate power limit and an assumed antenna at a temperature of 20 degrees C, and within the TV bands, but is not so broad gain of 0 dBi. The Commission expects that battery operated equipment be as to encompass other types of that this power level is appropriate for tested using a new battery. The 25 kHz unlicensed devices that already have most users, particularly because parties offset requirement will prevent wireless provisions in part 15 for operation using part 15 wireless microphones will microphones from operating at the edge outside the TV bands. The Commission commonly be entities operating in of a TV channel where they could declines the request of the Nuclear smaller venues that do not require the interfere with TV stations on adjacent Energy Institute and Utilities Telecom longer range operation that higher channels, and the frequency tolerance Council to expand the definition of power allows. The Commission is requirement will ensure that devices do unlicensed wireless microphone to specifying EIRP rather than conducted not drift from the designated specifically include wireless headsets power as proposed in the Notice of frequencies. The limit on the bandwidth used at nuclear power plants for bi- Proposed Rule Making (NPRM) for that a wireless microphone may occupy directional audio communications several reasons. First, specifying the will leave room for the operation of between and among personnel. To the power limit in terms of EIRP ensures multiple microphones within a TV extent that a party wishes to use uniformity in the maximum radiated channel. wireless microphones for specialized power for all unlicensed wireless 44. The Commission will require that uses that would not be acceptable under microphones. If the Commission were to unlicensed wireless microphones the Commission’s definition, such uses specify a conducted power limit comply with the same emission mask as would be more appropriately authorized without any antenna gain requirement, licensed part 74 wireless microphones. through a waiver rather than by different devices operating at the same Specifically, it will require that adopting a broader definition of wireless conducted power level could in fact be emissions from analog and digital microphone. radiating at higher or lower power levels unlicensed wireless microphones 40. Permissible frequencies of depending on their antenna gain. comply with the emission masks in operation. The Commission will allow Specifying the power limit in terms of section 8.3 of ETSI EN 300 422–1 v1.4.2 unlicensed wireless microphones to EIRP will be particularly beneficial in (2011–08), Electromagnetic operate in the TV spectrum on channels the VHF band, where the efficiency of compatibility and Radio spectrum 2–51, excluding channel 37 in all antennas is lower due to the longer Matters (ERM); Wireless microphones in locations and channel 17 in Hawaii, radio wavelengths, since this approach the 25 MHz to 3 GHz frequency range; which is allocated for non-broadcast will allow manufacturers to adjust the Part 1: Technical characteristics and purposes. This action will make the radiated power to partially compensate methods of measurement. Requiring maximum number of TV channels for low antenna efficiency. Also, wireless microphones to meet these available for unlicensed wireless specifying EIRP is consistent with other tighter emission requirements will microphones. The Commission is also part 15 rules, which generally specify protect authorized services in adjacent adding an advisory to the rules radiated emission limits in a form that bands from harmful interference, and indicating that the highest channel considers both power and antenna gain, will improve spectrum sharing by available for unlicensed wireless e.g., field strength, EIRP, or a wireless microphones. Outside of the

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frequency range where the ETSI masks protect adjacent band wireless downlink so the Commission must make are defined (one megahertz above and services from harmful interference. reasonable assumptions concerning below the wireless microphone carrier Where the guard band is immediately these factors based on its experience. frequency), the Commission will require adjacent to TV spectrum, wireless The purpose of the analyses is to that emissions comply with same limit microphones operating at 20 milliwatts determine whether the rules the as the edge of the ETSI masks, EIRP or less will not cause harmful Commission is adopting comply with specifically, 90 dB below the level of the interference to TV reception because the Spectrum Act’s requirement that the unmodulated carrier. The Commission they already operate in such a manner Commission not permit any use of a is incorporating the ETSI EN 300 422– (i.e., with no frequency separation) at guard band that it determines would 1 standard into the part 15 rules by the higher 50 milliwatt power level cause harmful interference to licensed reference and adding it to the list of without causing interference. services. measurement procedures in §§ 15.31 50. Harmful interference is defined by and 15.38. b. Protecting Adjacent Wireless the Commission’s part 2 rules as Downlink Bands ‘‘interference which endangers the B. 600 MHz Guard Bands and Duplex (i) White Space Devices functioning of a radionavigation service Gap or of other safety services or seriously 47. The Commission is adopting its degrades, obstructs, or repeatedly 1. Guard Bands proposal to require that white space interrupts a radiocommunication a. Protecting Adjacent TV Bands devices operating at 40 milliwatts EIRP service operating in accordance with in a six megahertz frequency band 45. White space devices. The [the ITU] Regulations.’’ The within the guard bands provide at least Commission is adopting its proposal to Commission finds it appropriate to use a three megahertz frequency separation allow fixed and personal/portable white the existing definition of harmful space devices to operate at 40 milliwatts from wireless downlink spectrum. The interference. Applying this definition to EIRP in a six megahertz frequency band Commission is selecting three the Spectrum Act, the Commission finds within the guard bands and duplex gap. megahertz as the minimum frequency that it may not permit any use of the This power level and bandwidth will be separation because filter attenuation guard bands that it determines would useful for unlicensed devices, and the increases beyond a three megahertz cause serious degradation, obstruction, Commission’s analysis shows that frequency separation, thus reducing the or repeated interruption to new 600 operation at this power level will not potential for white space devices to MHz service. The Commission further cause harmful interference to television cause harmful interference to wireless finds that it need not set technical rules services in adjacent bands. As discussed downlink services. In addition, the out- so restrictive as to prevent all instances fixed white space devices can operate in of-band emissions from white space of interference, as opposed to harmful the TV bands with a power level of 40 devices, which are a potential source of interference. Determining ex ante when milliwatts EIRP and an antenna height harmful interference to wireless operations in one band will seriously of 10 meters AGL on channels handsets, tend to fall further below the degrade, obstruct, or repeatedly immediately adjacent to occupied TV limits required by the rules as the interrupt operations in another band channels. The Commission will frequency separation from a white space necessarily involves the Commission therefore also allow fixed white space device increases. Thus, a frequency examining the particular interference devices to operate in the guard band separation of three megahertz will scenario that is likely to arise and adjacent to the remaining TV spectrum reduce the likelihood of a wireless exercising its predictive judgment. In at the same power level and antenna handset receiving harmful interference. this circumstance, the Commission height as in the TV bands. In the event 48. As explained the rules the establishes technical rules for white that market variation necessitates Commission is adopting create an space devices and microphones that placing TV stations in the guard bands environment where the potential for will permit their use without causing in some markets, the Commission will white space devices to cause harmful harmful interference (although not require that white space devices interference to adjacent wireless necessarily eliminating all interference) operating in the guard bands comply downlink bands is low. Accordingly, to new 600 MHz service licensees. with the same requirements (e.g., the Commission finds no basis to adopt 51. The Commission’s analyses show minimum separation distances) that significantly tighter out-of-band little potential for harmful interference apply to white space devices operating emission limits, lower power levels, or to wireless handsets from portable white in the TV bands. a five megahertz frequency buffer to space devices. It believes that portable 46. Wireless microphones. The protect wireless downlink receivers devices represent the worst case for Commission will allow wireless from harmful interference from white harmful interference because these microphones to operate in the guard space devices, as advocated by CTIA types of devices would operate in the bands and duplex gap with a maximum and AT&T. closest proximity to each other. By power of 20 milliwatts EIRP. Consistent 49. The Commission assesses the contrast, the Commission expects that with the treatment of unlicensed potential for harmful interference from white space devices used in fixed wireless microphones in the TV bands, 40 milliwatt white space devices to applications, such as access points or the Commission is specifying the power wireless downlink services in adjacent for providing point-to-point limit in terms of EIRP rather than bands. Because there are neither 600 communications, would typically have conducted power. However, wireless MHz band wireless devices nor portable a greater physical separation distance microphone power limits in the guard white space devices currently available, from licensed wireless handsets, thus bands will be lower than the levels the analyses are based on the predicted posing even less risk of harmful permitted under the current part 74 performance of such equipment. The interference. The Commission first rules (50 milliwatts in the VHF TV band analyses also rely on predictions of considers the impact of out-of-band and 250 milliwatts in the UHF TV band) other factors, including propagation and emissions from white space devices into or under the part 15 waiver (50 body losses, which affect whether the frequency bands that are received by milliwatts in both the VHF and UHF TV harmful inference will occur. These wireless handsets, since out-of-band bands). This power level is necessary to losses can vary significantly in practice, emissions from a transmitter in an

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adjacent band appear as co-channel 55. The Commission assumes several level, interference could begin to occur emissions within the band of a service other factors will attenuate the signal at 0.8 meters. In the interest of potentially receiving harmful transmitted from the unlicensed device. completeness, the Commission notes interference. Second, the Commission First, it assumes that there will be 2 dB that this distance rises to 1.7 meters for considers the effect of ‘‘blocking’’ from signal loss due to polarization mismatch a 1 dB desensitization level. Thus, the a white space transmitter to wireless between transmit and receive antennas Commission believes that using even receivers in the adjacent wireless due to the orientation of transmit and the more stringent 1 dB desensitization downlink band. Blocking interference receive antennas not being in the same criterion, the probability of harmful occurs because a receiver has limits on plane. Second, the Commission assumes interference occurring would be an the level of adjacent channel emissions that there will be 3 dB body loss at both extremely unlikely event due to a it can tolerate due to the selectivity of the unlicensed transmitter and at the variety of factors that would need to its internal filters. LTE handset since the analysis occur simultaneously. For example, a 52. Out-of-band emission interference. considers portable devices that are wireless device would have to be With respect to harmful interference to typically held in the hand or carried on receiving in a frequency block wireless handsets from white space a person. In the case where a device immediately adjacent to the guard band device out-of-band emissions, the may be placed on a table and not held, or duplex gap, the received wireless Commission makes several assumptions other losses, such as absorption and signal would have to be at an extremely detailed below. For the reference reflection from the table, often in excess low level, a white space device would sensitivity of the handset receiver, the of the 6 dB assumed here (3 dB each for have to be located in very close Commission used ¥97 dBm at the the white space device and the LTE proximity to a wireless device, the antenna input as specified the device) substitute for body loss. Third, antenna patterns of both the transmitter applicable 3GPP standard. This is the the Commission assumes that there will and receiver would have to be closely weakest signal level at which a receiver typically be 3.5 dB or more in aligned to maximize the white space can meet a minimum specified propagation losses due to multipath (0.5 device signal at the receiver, and there throughput. It is not unreasonable to dB) and shadowing (3 dB) from nearby would have to be very low body and assume that a handset will typically walls, objects or persons in the room. other propagation losses. While operate at a level that is at least 10 dB Taken together, the losses described will situations like this could occur, the higher than the minimum. Thus, using be present to varying degrees and in Commission believes that the the ¥97 dBm reference sensitivity most cases at values above the probability is very low. Even in such specified in the 3GPP standard is conservative values chosen for analysis situations, there are other mitigating conservative. purposes. factors that could prevent harmful 56. To account for the reduction in interference from occurring. For 53. An LTE handset will typically use emissions level of white space devices example, white space devices must an antenna with a gain of less than 0 dBi in the LTE channel, the Commission incorporate transmit power control, so due to size and efficiency constraints, so conservatively assumes a 3 dB slope they often operate below the maximum the Commission assumes an antenna loss. The white space out-of-band allowable power, and wireless networks gain of -6 dBi. Antennas built into emission mask requires the emissions to manage operating channels and handset deployed equipment are often mass attenuate to the § 15.209 levels within power in noisy conditions to ensure the produced and do not conform to the six megahertz of the channel on which best possible quality of service. Thus, same exacting specification as a 0 dBi it is operating, so these emissions will the Commission believes that the reference antenna, and embedded attenuate over the three, to five criteria it is adopting for white space handset antennas can experience several megahertz buffer provided by the guard devices will protect the 600 MHz dBs of loss because they are not one bands and duplex gap to a level below service from harmful interference. hundred percent efficient. In addition, the Commission’s limit before reaching 59. Blocking interference. With antennas may also experience some loss the edge of the LTE channel. respect to blocking interference, the due to impedance mismatch, and the 57. The Commission believes that Commission also considers interference radiation pattern of an antenna is not using a 3 dB desensitization level as the between portable devices. Blocking uniform in all directions and will have interference threshold is more interference results from limitations on less than the maximum gain (or loss) in appropriate than a 1 dB level. The a receiver’s ability to reject signals in an many directions. For these reasons, the Commission stated in the H Block adjacent band. The Commission once Commission believes that assuming -6 Order, WT Docket No. 12–357, 78 FR again assumes a reference sensitivity for dBi of antenna gain represents a realistic 50214, August 16, 2013, that a 1 dB the LTE receiver of ¥97 dBm/5 MHz. representation of the embedded antenna desensitization criterion is too The Commission also considered the that will be installed on LTE handsets restrictive for modern cellular systems. 3GPP standard which specifies a in the 600 MHz band. It further noted that the 3GPP standard minimum receiver adjacent channel 54. Because the separation distances for UMTS and LTE devices specifies an selectivity of 33 dB. The Commission between unlicensed and licensed in-band blocking requirement that sets further assumed an additional 10 dB for devices the Commission is considering the interfering signal level 6 dB or more adjacent channel selectivity beyond the are short (i.e., on the order of several above the reference sensitivity level. In edge of the channel in which a white meters maximum), a free space signal that proceeding, for determining mobile space device operates (three to five propagation model is appropriate. Free interference, the Commission found that megahertz removed from the edge of the space path loss is the propagation loss the 3 dB desensitization level is a more wireless downlink band). that results from a line of sight path appropriate metric for determining the 60. The Commission makes many of through space. When the transmitter presence of harmful interference. the same assumptions as in the out-of- and receiver are very close together, 58. Based on the foregoing band emission interference analysis, there is a high probability that they have assumptions, and using the out-of-band including the use of a free space a clear line of sight, and free space path emission limits for 40 milliwatt white propagation model, 2 dB for antenna loss provides a bound on the loss of the space devices, the Commission polarization mismatch, 3 dB body loss transmission system. calculates that for a 3 dB desensitization at both the white space device and the

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wireless handset, 3.5 dB loss for power control, so they often operate 64. The Commission further shadowing and multipath, 3 dB for below the maximum allowable power to concludes that based on its analysis, it OOBE slope loss, and a receiver antenna conserve battery power. The need not designate any 600 MHz service gain of ¥6 dBi. Consistent with the Commission does not believe it is spectrum blocks as ‘‘impaired’’ due to analysis above, the Commission also appropriate to establish technical the potential presence of unlicensed assumed that real-world devices would requirements for white space devices white space devices operating in the operate with a 10 dB stronger signal based on the absolute worst case guard bands or duplex gap. The analysis than the minimum in the 3GPP situation which will happen only rarely provided above shows that 600 MHz standard. Using a 3 dB desensitization in the real world. service licensees will not experience criterion, the Commission assumes that 62. While the Commission’s technical harmful interference due to the presence interference will begin to occur to a analysis shows that there is a low of unlicensed devices operating in the handset at a level greater than ¥54 dBm probability that unlicensed devices will guard bands or duplex gap. The (the reference sensitivity plus the cause harmful interference to licensed Commission believes licensees adjacent channel selectivity plus 10 dB). wireless services, it nonetheless operating on those bands will enjoy a The Commission calculates that an LTE reminds parties that the rules prohibit similar spectrum environment as 600 handset would receive an adjacent unlicensed devices from causing MHz service licensees operating on non- channel signal level of ¥54 dBm at a harmful interference, even devices that adjacent spectrum blocks and be able to distance of 3.4 meters. For a 1 dB comply with the technical rules. In the deliver competitive broadband service desensitization level, this distance event white space devices cause to the U.S. public free from harmful would increase to 6.8 meters. This result harmful interference to licensed interference. requires some context. First, the 3GPP wireless services, there are steps that the (ii) Wireless Microphones standard defines blocking as the point at Commission could take to eliminate the 65. The Commission will allow which throughput falls below 95% of interference. If a licensed wireless unlicensed wireless microphones to the maximum throughput. As Google service provider believes that an operate in the guard bands with a showed in their measurements, unlicensed device is causing harmful maximum power of 20 milliwatts EIRP variations of greater than 5% interference to its licensed service, the and at least one megahertz frequency throughput typically occur under Commission requires all relevant parties separation from wireless downlink normal usage conditions. This can be to work collaboratively and in good spectrum. This power level will be due to a variety of reasons, such as faith to address those concerns in a useful for wireless microphone movement of a handset and a timely manner. To that end, the operators because many wireless continuously changing electromagnetic Commission plans on providing microphones operate at power levels environment. Therefore, even though an guidance in the future about how a between 10 and 20 milliwatts. The LTE handset may experience some licensed wireless service provider can Commission finds that this power limit blocking interference from a white space contact a party responsible for the for wireless microphones is necessary in device as close as 3.4 meters (or even unlicensed device to discuss the guard bands and duplex gap to 6.8 meters), the Commission does not interference concerns. In addition, a protect licensed wireless services believe this rises to the level of harmful licensed wireless provider can ask the outside these frequency bands. In interference as the LTE handset will Commission to adjudicate any claims of addition, because the Commission is continue to function, just at a slightly harmful interference and the allowing white space devices to operate slower data rate, which it believes in the Commission can take immediate in the guard bands and duplex gap at vast majority of instances would not be corrective action upon determining that power levels of 40 milliwatts EIRP, perceptible to the user, since a user there is harmful interference, including limiting the power of unlicensed would likely experience similar by directing the database wireless microphones can help enable fluctuations in data rates under normal administrator(s) to deny the offending coexistence between unlicensed usage conditions. device(s) access to spectrum. wireless microphones and white space 61. In sum, the Commission finds that 63. Finally, the Commission devices by making both types of devices the likelihood of harmful interference concludes that because its analysis operate at more comparable power from 40 milliwatt white space devices to shows that out-of-band emissions from levels. The fact that the Commission is wireless downlink services is extremely white space devices have a low specifying wireless microphone power low. It is not possible to ensure that probability of causing harmful in terms of EIRP, rather than conducted harmful interference will never occur, interference to wireless services, there is power as proposed in the NPRM, will as wireless interests apparently request. no need for tighter out-of-band benefit wireless microphone The part 15 rules recognize this fact, emissions from white space devices. manufacturers by ensuring that they can indicating that the limits in part 15 will Additionally, the Commission observes design equipment that operates with a not prevent harmful interference under that the out-of-band emission limits that maximum radiated power of 20 all circumstances and that it is the licensed wireless handsets must meet milliwatts, even if the design of a device obligation of the unlicensed device to are higher than the out-of-band emission requires the use of a less efficient eliminate the interference or cease limits it is requiring white space devices antenna. operations. Nevertheless, as described to meet. No party has addressed the 66. The Commission rejects above, the Commission finds that actual inconsistency of why these higher out- arguments that a nine megahertz harmful interference from white space of-band emission limits from handsets frequency buffer is necessary to protect devices to wireless systems at the are not problematic while white space wireless downlink spectrum from technical limits it is adopting would be device emissions will allegedly cause wireless microphones. It is requiring a an extremely unlikely event due to a harmful interference. Therefore, the one megahertz buffer because the ETSI variety of factors that would need to Commission finds it both unnecessary out-of-band emission limits that it is occur simultaneously. For example, one and inequitable to require white space requiring wireless microphones to meet factor noted above is that white space devices to meet even tighter out-of-band specifies that out-of-band emissions roll devices must incorporate transmit emission limits. off over a one megahertz frequency

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span. Thus, a one megahertz buffer at which the interference criterion is 70. As with white space devices, this ensures that wireless microphone out- exceeded. These distances (less than a result requires some context. The of-band emissions will be at or below tenth of a meter) are so short that the Commission again points out that the the ETSI limits in the wireless downlink Commission believes OOBE interference 3GPP standard defines blocking as the band. The Commission performed from wireless microphones poses little point at which throughput falls below analyses on the interference potential of risk of causing harmful interference to 95% of the maximum throughput, and wireless microphones to wireless 600 MHz service downlinks even when as Google showed in their downlinks that are similar to those for multiple wireless microphones are used measurements, variations of greater than white space devices. Specifically, the in close proximity. Because the 5% throughput typically occur under Commission considered both necessary separation distances are so normal usage conditions. Therefore, interference from out-of-band emissions short, it is unlikely that multiple even though an LTE handset may as well as blocking interference. wireless microphones could be used in experience some blocking interference 67. Out-of-band emissions such close proximity to a 600 MHz from a wireless microphone as close as interference. With respect to harmful service band handset. Even if several 6.6 meters, the Commission does not interference to wireless handsets from microphones were to be used near a believe this rises to the level of harmful wireless microphone out-of-band wireless handset, they could not all use interference. Handsets will continue to emissions, the Commission uses many the same frequency in order to avoid function, albeit at a slightly slower data of the same assumptions it used in its causing interference to other wireless rate, which the Commission believes analysis of white space device microphones. As wireless microphones would generally not be perceptible to emissions into the wireless downlink spread throughout the guard bands and the user as that user would likely band. Specifically, it uses a handset duplex gap, they will use frequencies experience similar fluctuations in data receiver reference sensitivity of ¥97 farther from wireless downlink rates under normal usage conditions. In dBm at the antenna input and assumes spectrum and the Commission predicts addition, the Commission does not a handset antenna gain of ¥6 dBi. It that out-of-band emissions from those believe that even with multiple also uses a free space signal propagation additional wireless microphones will microphones operating within a close model and assumes that several factors decline as the emission levels roll-off area, 600 MHz service handsets would will act to attenuate the signal due to increased frequency separation. experience harmful interference. First, transmitted from the wireless 69. Blocking interference. With the wireless microphones would microphone, including a 2 dB signal themselves need to spread over many loss due to polarization mismatch respect to blocking interference from between the transmit and receive wireless microphones, the Commission different frequencies to avoid interfering again assumes a reference sensitivity for with each other. Thus, it is unlikely that antennas, 3.5 dB in propagation losses ¥ due to multipath and shadowing from the LTE receiver of 97 dBm and an more than one microphone would be nearby walls, objects or nearby people, adjacent channel selectivity of 33 dB. operating at the frequency next to the and 3 dB of body loss at the wireless Because the Commission is allowing one megahertz buffer in the guard bands handset. Based on information wireless microphones to operate at a or duplex gap within a given area. submitted into the record regarding closer frequency separation than white Second, to conserve battery power, wireless microphone body loss, the space devices (one megahertz instead of wireless microphones, like white space Commission assumes a larger body loss three megahertz), it is assuming a devices and mobile handsets, generally for a wireless microphone (8 dB for a conservative handset receive filter operate below the maximum allowable body worn wireless microphone and 18 rejection of 3 dB. In addition, the power which reduces the likelihood of dB for a handheld wireless microphone) Commission makes many of the same interference. Third, as with the analysis than it assumes for a white space device assumptions as in the out-of-band for white space devices, the analysis (3 dB). In addition, a wireless emission interference analysis for here considers the worst case which is microphone’s frequency band of wireless microphones, including the use unlikely to actually occur. Aside from operation will be at least one megahertz of a free space propagation model, 3 dB the analysis assuming the wireless removed from the LTE downlink band body loss at the wireless handset, 8 dB microphone is operating at maximum where emissions are at the ETSI limit. of body loss for body worn wireless power, inherent in the worst case The Commission expects that wireless microphones and 18 dB of body loss for situation is that the mobile handset is microphone emissions will continue to handheld wireless microphones, 3.5 dB operating at the edge of coverage near its roll-off beyond the ETSI limit as loss for shadowing and multipath, and sensitivity level, on the frequency ¥ frequency separation continues, but a receiver antenna gain of 6 dBi. closest to the guard bands or duplex because equipment certification Consistent with the analyses above, the gap, the antenna patterns of both the measurement reports do not currently Commission also assumes that real wireless microphone and wireless contain measurement data based on the world devices would operate with a 10 receiver would have to be closely ETSI limits, the Commission is not dB stronger signal than the minimum aligned to maximize the wireless assuming a 3 dB slope loss for wireless specified in the 3GPP standard. Also, microphone signal at the receiver, and microphones as it does for white space the Commission assumes a 3 dB rise in there would have to be de minimis body devices. Finally, as with white space the noise floor as the appropriate and other propagation losses; a scenario devices, the Commission bases its interference criterion. In this case, the that is not likely to occur often, if at all. analysis on an interference criterion of distances at which the interference Finally, the Commission notes that a 3 dB rise in the noise floor. criterion may be exceeded are 6.6 wireless microphones are generally used 68. Based on the foregoing meters for body worn microphones, and in specific places—theaters, arenas, assumptions, and using the ETSI ¥90 2.1 meters for hand held microphones. churches, etc. and not likely to be found dBc out-of-band emission limits for a 20 For a 1 dB rise in the noise floor, the in all areas where mobile handsets are milliwatt (13 dBm) 200 kilohertz distances at which the interference in heavy use. Even at breaking news wireless microphone at a frequency criterion may be exceeded are 13.2 events, where there may be a mix of separation of one megahertz and greater, meters for body worn microphones and mobile handsets and wireless the Commission calculates the distance 4.2 meters for hand held microphones. microphones, the Commission believes

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it unlikely that all the factors needed to white space device in a four megahertz two megahertz segment closest to cause interference would occur channel from attaining the full 40 channel 37, leaving a one megahertz simultaneously. Thus, the Commission milliwatts EIRP because the power is buffer to protect wireless downlink finds that the likelihood of wireless concentrated in a narrower bandwidth services adjacent to these guard bands. microphones in the guard bands and than was used in establishing the limit. Wireless microphones currently operate duplex gap causing harmful interference The Commission will therefore allow on channels 36 and 38 at up to 250 to 600 MHz wireless downlink service such devices to comply with a PSD limit milliwatts without causing harmful to be very low. of 0.6 dBm/100 kHz EIRP. It will also interference to WMTS and RAS require that a 40 milliwatt fixed device c. Frequencies of Operation operations on channel 37. The operating in a four megahertz channel Commission thus concludes that there is 71. White space devices. In the case of comply with a conducted PSD limit of no need for any frequency separation a nine megahertz guard band, a white ¥5.4 dBm, since the conducted power between unlicensed wireless space device with three megahertz limit for fixed devices is 6 dB less than microphones operating in the guard separation from wireless downlink the EIRP limit. These limits are about 2 bands and channel 37 because it is spectrum will be immediately adjacent dB higher than the limits for white limiting the maximum permitted power to a TV channel. Such operation is space devices in a six megahertz in this spectrum to 20 milliwatts to consistent with the analysis detailed channel. Because the out-of-band protect wireless downlink services. above showing that a three megahertz emission limits are not being modified guard band will protect wireless for this narrower white space channel, 2. Duplex Gap handsets from white space devices and the total radiated power adjacent to TV a. Protecting Adjacent Wireless that no guard band is needed to protect remains at 40 milliwatts. The Downlink and Uplink Bands adjacent channel TV operations. If the Commission also maintaining the three 76. Wireless downlink bands will be guard band is 11 megahertz, the megahertz separation to 600 MHz band protected from harmful interference by Commission will apportion the wireless downlinks. Thus, Commission requiring that unlicensed white space spectrum such that white space devices does not believe that white space devices operate at 40 milliwatts EIRP will be required to operate at the lower devices operating in a seven megahertz with at least three megahertz frequency end of the guard band, immediately guard band will cause harmful separation from wireless downlink adjacent to TV spectrum and five interference to either television bands and that wireless microphones megahertz from wireless handsets. This reception or wireless downlinks. will correspondingly provide a 73. The Commission does not adopt operate at 20 milliwatts EIRP with at contiguous four megahertz block of rules to allow white space devices to least one megahertz separation from spectrum not shared with white space operate in a three megahertz guard band wireless downlink bands. The devices for wireless microphone use adjacent to channel 37. A guard band Commission will require that licensed and a one megahertz guard band that size would be too small to permit wireless microphones operating in the between wireless microphones and white space device operation, because at duplex gap comply with the same wireless handsets. Distributing usage least a three megahertz frequency technical requirements as unlicensed across an 11 megahertz guard band separation is required to protect wireless microphones in the guard reduces the burden on white space wireless downlink services. bands. The split of the duplex gap devices, which will always operate in 74. Wireless microphones. The described below will provide for a one the same portion of the guard band, thus Commission will allow unlicensed megahertz frequency separation making channel availability checks wireless microphones to operate in between licensed wireless microphones simpler than if white space devices certain segments of the guard bands. In and wireless downlink spectrum. It will could operate anywhere within the the guard band between television and also provide for a frequency separation guard band where they maintain at least wireless downlink spectrum, the of five megahertz, rather than three a three megahertz separation from Commission will allow unlicensed megahertz, from wireless downlink wireless downlink spectrum. Finally, wireless microphones to operate across spectrum. Thus, wireless downlink this plan is consistent with the plan the the guard band regardless of its eventual services will be protected from harmful Commission is adopting for the 11 size (determined by the results of the interference. megahertz duplex gap. auction) with the exception of a one 77. Regarding wireless uplink bands, 72. The Commission is also adopting megahertz segment at the upper end that the Commission concludes that that it is rules to allow white space device would act as a buffer between not necessary to provide any frequency operation in a seven megahertz guard unlicensed wireless microphone separation between white space devices band. It will permit 40 milliwatt white operations and wireless downlink and unlicensed wireless microphones space devices to operate in the lower services. If the guard band is 11 and wireless uplink spectrum to prevent four megahertz portion of a seven megahertz wide, unlicensed wireless harmful interference to base station megahertz guard band, i.e., the portion microphones will be allowed to operate receivers. Base station antennas are immediately adjacent to television in the lower ten megahertz segment of generally mounted high on a tower, spectrum. This will leave a three the band; if the guard band is nine providing distance separation between megahertz frequency separation from megahertz wide, unlicensed wireless them and white space devices and wireless downlink spectrum above the microphones will be allowed to operate wireless microphones. Also, base guard band. The Commission will in the lower eight megahertz segment; stations can take advantage of better require that white space devices and if the guard band is seven receive filters to minimize the potential operating under these provisions megahertz wide, unlicensed wireless for adjacent channel interference. These comply with the same technical microphones will be allowed to operate factors lead to very little risk of harmful requirements as 40 milliwatt white in the lower six megahertz segment. interference to wireless base stations space devices in nine or 11 megahertz 75. In the three megahertz guard even when white space devices and guard bands, with the exception of the bands adjacent to channel 37, the unlicensed wireless microphones channel bandwidth and the PSD limit. Commission will allow unlicensed operate immediately adjacent to The current PSD limit would prevent a wireless microphones to operate in the wireless uplink spectrum.

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b. Frequencies of Operation 80. The Commission disagrees with 83. The Commission concludes that 78. The Commission is adopting the parties requesting a one megahertz unlicensed wireless microphone users proposed 1–4–6 split of the duplex gap. buffer at the upper end of the duplex can satisfy the Spectrum Act’s A six megahertz band for unlicensed gap to protect white space devices from requirement to ‘‘rely on’’ a database by devices, which will be used by both possible interference from wireless manually checking it via a separate unlicensed white space devices and uplinks (handset transmitters) in the Internet connection which can be done unlicensed wireless microphones, is adjacent band. As discussed, a one using a smart phone, laptop, or other supported by the record and is megahertz frequency separation is similar telecommunications devices. consistent with the current white space necessary to protect licensed operations The Commission will require that device rules. Additionally, a four in wireless downlink spectrum (handset unlicensed microphone users check the megahertz segment of the duplex gap is receivers) from wireless microphones databases prior to beginning operation designated for licensed wireless operating in an adjacent frequency at a given location (e.g., prior to microphones users only, thus enabling band, and the Commission declines to beginning a performance). Because the them to access spectrum for quick- eliminate this buffer from the lower end databases will identify available breaking events without having to of the duplex gap. To add a one channels based on the location where a reserve channels in the white space megahertz buffer at the upper end of the microphone will be used (latitude and longitude), the user will need to re- databases. This plan maximizes the duplex gap would reduce the spectrum check the databases for available frequency separation between the six available for licensed wireless channels if it moves from the earlier megahertz segment of the duplex gap for microphones in order to maintain six location. white space device use and wireless megahertz for white space devices. Given the Commission’s objective to 84. The Commission will not require downlink spectrum, thereby reducing licensed wireless microphone users of the risk of harmful interference to those balance the interests of different users, it is not reducing the amount of the four megahertz segment in the adjacent band services as required by duplex gap to access a database before the Spectrum Act. The one megahertz spectrum designated for licensed wireless microphones in the duplex gap. beginning operation. During the post- buffer at the lower end of the duplex auction transition period while TV gap provides a margin of interference 3. Database Access stations are in the process of vacating protection to wireless handsets from 81. The Commission will require that their channels in the 600 MHz band, a licensed wireless microphones. The licensed wireless microphone user may Commission will allow unlicensed unlicensed white space devices and unlicensed wireless microphones need to determine whether the duplex wireless microphones to operate in the gap is available in an area. After the end same six megahertz portion of the operating in the 600 MHz guard bands, including the duplex gap, rely on of this transition period, the duplex gap duplex gap as white space devices, and will generally be available nationwide, licensed wireless microphone use will database access to identify vacant channels for their use. This requirement except possibly in a limited number of be permitted in the four megahertz locations if the auction outcome segment of the lower duplex gap is necessary because the Spectrum Act requires that unlicensed use of the necessitates repacking some TV stations designated for their operation. This plan into the duplex gap. Broadcasters and balances the spectrum needs of guard bands ‘‘must rely on a database or subsequent methodology as determined cable programming network entities that unlicensed white space and wireless will be licensed to operate in the duplex microphone users, by making spectrum by the Commission.’’ The Commission concludes that this requirement is not gap are sophisticated users that are available for both wireless microphones capable of determining whether the and white space devices, while unduly burdensome because there are several white space databases available, duplex gap is available at their location. minimizing the likelihood of harmful Since the Commission is limiting interference to licensed wireless and unlicensed wireless microphone users will have an incentive to check a operation in this four megahertz services. segment to licensed users, the Spectrum 79. The Commission concludes that it database to identify available frequencies for their use. The Act’s requirement that unlicensed is not necessary to provide a guard band devices rely on database access or a between the four megahertz designated Commission will not require that licensed wireless microphone users in subsequent methodology as determined for licensed wireless microphones and by the Commission does not apply. the six megahertz designated for the duplex gap rely on the white space unlicensed white space devices and databases to determine if those C. 600 MHz Service Band frequencies are available for their use at unlicensed wireless microphones. 1. White Space Devices Recognizing that the rules require low their location prior to operation. emissions from white space devices 82. Because the Spectrum Act does a. Permissible Types of Operation outside their channel of operation, the not define the terms ‘‘rely on a 85. The Commission will allow fixed, record indicates that the risk of adjacent database’’ or ‘‘subsequent Mode I and Mode II white space devices channel interference to licensed methodology,’’ the Commission to operate in the 600 MHz service band wireless microphones is low. Wireless concludes that the Spectrum Act gives under the same technical requirements microphones currently operate adjacent it discretion to determine how (e.g., power, antenna height, database to white space devices as well as full unlicensed white space devices and access) that apply to operation in the TV power television stations with no unlicensed wireless microphone users bands. Additionally, it will require that adverse effects as their narrow should ‘‘rely on’’ the white space white space devices comply with bandwidths and receiver selectivity databases to identify available separation distances from the areas provide interference protection. Thus, frequencies in the guard bands for their where a wireless licensee has there is a low risk of unlicensed white use. Unlicensed white space devices commenced operations. space devices or unlicensed wireless will rely on a database for identifying 86. The Commission rejects microphones causing harmful channels available for their use in the arguments that white space devices in interference to licensed wireless guard bands and duplex gap as they do the duplex gap and 600 MHz service microphones in the adjacent band. now in the TV bands. band should have the same power limit.

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White space devices will be limited to 89. The Commission adopts its here develops a general table of 40 milliwatts in the duplex gap because proposals to define co-channel separation distances that can be used by they will operate in the same geographic operation as any frequency overlap the white space databases to protect areas where 600 MHz service licensees between a TV channel used by a white licensed wireless services in a wide have commenced operation, and on space device and a five megahertz variety of locations, so the simpler TM– frequencies adjacent to wireless uplink spectrum block used by a 600 MHz 91–1 model is more appropriate for this and downlink spectrum with small or service licensee, and adjacent channel purpose. The Commission rejects no frequency separations and, operation as a frequency separation of arguments that it should protect potentially, at short physical separation zero to four megahertz between the edge wireless base stations from white space distances from wireless handsets. In of a channel used by a white space devices at distances beyond 60 contrast, white space devices will be device and the edge of a five megahertz kilometers and no specific larger allowed to operate in the 600 MHz spectrum block used by a 600 MHz distances were suggested in the record. service licensee. Consistent with the service band only at locations where a (ii) Wireless Downlinks wireless licensee has not commenced rules for operation in the duplex gap, operations, so the Commission can the Commission is not requiring 93. The Commission adopts the allow higher power levels for white adjacent channel separation distances to proposed minimum separation space devices in the 600 MHz service protect wireless uplink services from distances of 35 kilometers (co-channel) band than in the duplex gap. Issues white space devices operating at 40 and 31 kilometers (adjacent channel) between white space devices operating pertaining to the definition of milliwatts since it determined that in spectrum used by 600 MHz band ‘‘commence operations’’ will be adjacent channel separation distances wireless downlinks and the boundary of addressed separately in response to the are not necessary in that case. However, a polygon representing the outer edge of Commence Operations PN. the Commission is requiring adjacent channel separation distances for white base station deployment. The 87. The Commission rejects space devices operating at higher power Commission also adopts the same arguments that the Spectrum Act levels. definitions of co-channel and adjacent prohibits unlicensed use of the 600 MHz 90. In addition, consistent with the channel operation that apply with service band. The Spectrum Act rules for operation in the TV bands, the respect to wireless uplinks. The specifically permits unlicensed use of Commission is requiring that a fixed or separation distances that the the guard bands, but does not contain Mode II device that supplies a list of Commission adopts do not vary with any prohibition on continued available channels to a Mode I device EIRP or HAAT because analysis showed unlicensed use of the 600 MHz service must comply with increased separation that increasing the EIRP or HAAT has spectrum prior to a 600 MHz service distances on any channels that are only a small effect on the total required licensee commencing operations. Thus, indicated as available to the Mode I separation distance. These distances are the Commission finds that such device. As with operation in the TV also sufficient to provide protection operations are not prohibited by the bands, the Commission will base the from white space devices operating at Spectrum Act. increases in separation distance on the 10 watts EIRP. 94. The Commission will require 40 b. Protection Criteria minimum co-channel separation distances at 40 and 100 milliwatts. milliwatt white space devices to meet (i) Wireless Uplinks Therefore, if a Mode I device operates at adjacent channel separation distances greater than 40 milliwatts, the co- from the service areas where a wireless 88. The Commission adopts the channel and adjacent channel licensee has commenced operations, at proposed minimum separation separation distances must be increased any frequency separation from zero to distances that white space devices must by 6 kilometers and 0.14 kilometers, four megahertz from wireless downlink meet when operating in spectrum that is respectively. Similarly, if a Mode I spectrum. This is because the also used for licensed 600 MHz wireless device operates 40 milliwatts or less, the Commission is allowing fixed devices to uplinks or downlinks. While these co-channel separation distance must be operate with antenna heights of up to distances were calculated by increased by 5 kilometers. 250 meters HAAT, which increases their determining the minimum separation 91. The Commission reject arguments potential for causing harmful from base stations that white space that use of the TM–91–1 model is interference to wireless services. As devices must meet to avoid causing inappropriate due to the range of discussed, white space devices harmful interference, consistent with distances and antenna heights over operating in the guard band adjacent to the proposals in the Notice, the which it is defined. While TM–91–1 wireless downlink spectrum at low Commission is requiring that white was specifically developed for a limited antenna heights (10 meters or less AGL) space devices comply with these range of distances and antenna heights, and a minimum frequency separation of distances from any point along the edge it has a broader range of application by three megahertz will not cause harmful of the polygon representing the outer the virtue of the fact that it is identical interference to wireless handsets and edge of base station deployment, rather to the Egli model, which is valid over thus do not specify a separation than from just the points that define the a greater range of distances and antenna distance for such operations. While the polygon in the database. This heights than specified in TM 91–1. Commission could allow for operation requirement is necessary because the 92. The Commission also rejects of such white space devices in the 600 points defining a polygon could in some arguments that it should use the MHz service band without an adjacent instances be farther apart than the Longley-Rice model instead of the TM– channel separation distance, it adopts a protection distances, thus possibly 91–1 model for consistency with the different approach in order to reduce under-protecting base stations that are ISIX methodology. The Longley-Rice the compliance burdens and provide for just inside the polygon and between the methodology uses detailed, site specific bright-line rules for the 600 MHz service defined points. The co-channel and terrain information and performs band. Specifically, for the 600 MHz adjacent channel separation distances to complex, computational intensive service band, the Commission will protect wireless uplinks are listed in the calculations to determine signal require all white space devices to final rules. coverage. In contrast, the Commission comply with a single adjacent channel

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separation distance, independent of megahertz wide, so depending on the deployment of multiple base stations to white space device power, antenna overlap between a repurposed six provide service, and expand the number height or frequency offset. megahertz TV channel and a wireless and locations of base stations as they spectrum block, the maximum power increase their service areas. This is a 2. Wireless Microphones that could fall into a five megahertz dynamic set of circumstances that 95. The Commission will require that block would be 5/6 of the total, or 417 necessitates periodic checking of the licensed and unlicensed wireless milliwatts. In most cases, a smaller databases to identify the appropriate microphones operating in the 600 MHz overlap would occur and the power that locations where wireless services are service band comply with minimum co- could fall into a five megahertz block protected from harmful interference as channel and adjacent channel will be less than 417 milliwatts. Second, required by the Incentive Auction R&O. separation distances from the areas the EIRP of an individual wireless The Commission will require that where 600 MHz service licensees are microphone is often less than the 50 unlicensed wireless microphone users operating because this requirement is milliwatt conducted power limit due to rely on the white space databases to necessary to protect licensed wireless antenna efficiency limitations, and ensure that their intended operating operations in the 600 MHz service band. because wireless microphones are often frequencies in the 600 MHz service However, the Commission agrees with operated using less than the maximum band are available at the locations Sennheiser that the separation distances allowable power to achieve greater where they will be used. Operation in proposed in the NPRM are larger than battery life and spectral efficiency. the 600 MHz service band requires that necessary to protect licensed wireless Because these two conditions are likely unlicensed wireless microphone users services in some instances. The to create a situation where the check the databases more frequently Commission is reducing the required overlapping power is much less than than they would in the guard bands and separation distance for wireless 417 milliwatts, the Commission will duplex gap, i.e., always prior to microphones operating in the portion of base the separation distances that beginning operation at a given location the 600 MHz service band used for wireless microphones must meet to and not just if the microphone user wireless uplinks, i.e., base station protect wireless uplinks on the nearest moves from an earlier location. receive frequencies. However, it is not white space device power level that is D. Channel 37 reducing the proposed separation less than 417 milliwatts, which is 250 distances in the portion of the 600 MHz milliwatts. The co-channel and adjacent 1. Power Limits and Separation service band used for wireless channel separation distances that apply Distances downlinks (35 kilometers co-channel, at that power level with a three meter a. General Technical Requirements and 31 kilometers adjacent channel). The antenna height are 7 kilometers and 0.2 Power Limits reason is that the primary component of kilometers. While the Commission those distances is an assumed base 98. The Commission will allow fixed could allow for operation of wireless station communication radius of 30 devices to operate on channel 37 at microphones in the repurposed 600 kilometers, so the reduction in these power levels up to four watts and with MHz uplink band without any adjacent separation distances would be relatively antennas ranging up to 250 meters channel separation distance in some small if recalculated assuming a lower HAAT. It will also allow both Mode I cases similar to its actions in the duplex power for wireless microphones. While and Mode II personal/portable devices gap, the Commission adopts a different the Commission could allow for to operate at power levels up to 100 operation of wireless microphones in approach in order to reduce the milliwatts. As with the rules described the repurposed 600 MHz downlink band compliance burdens and provide for above that require an adjustment in without any adjacent channel separation bright-line rules for the 600 MHz service separation distance when fixed or Mode distance in some cases similar to its band. Specifically, for the 600 MHz II devices are controlling a Mode I actions in the guard bands and duplex service band, the Commission will device, the Commission will require the gap, it adopts a different approach in require all wireless microphones to same here. order to reduce the compliance burdens comply with the same adjacent channel 99. Although the Commission will and provide for bright-line rules for the separation distance as white space allow fixed devices at up to four watts, 600 MHz service band. Specifically, for devices. the results of the incentive auction the 600 MHz service band, the 97. Licensed and unlicensed wireless along with the white space rules will Commission will require all wireless microphones can continue to operate in determine the maximum power allowed microphones to comply with the same the 600 MHz service band during the on channel 37. If the incentive auction adjacent channel separation distance as post-auction transition period, recovers exactly 84 megahertz of white space devices. consistent with their secondary or spectrum, there will be a three 96. With regard to protecting wireless unlicensed status, provided they do not megahertz guard band above channel uplinks, the Commission assumes a cause harmful interference to incumbent 37, and if more than 84 megahertz is lower total power for wireless TV services or new wireless services. recovered, there will be a three microphones than 4,000 milliwatts. However, they have a hard date by megahertz guard band on each side of While licensed wireless microphones which they must cease operating in the channel 37. In either case, only a three are permitted to operate with power band. The white space databases will megahertz guard band will separate levels of up to 250 milliwatts, most enable unlicensed wireless microphone white space devices operating on wireless microphones operate with a users to determine whether their channel 37 from the mobile handset power level of less than 50 milliwatts. operating location is at least four receive band, so consistent with the Based on ten wireless microphones kilometers outside the protected contour rules for the duplex gap and the guard operating at 50 milliwatts, the total of TV stations that continue to operate bands, white space device operation on power in a six megahertz channel would in that band and also to identify areas channel 37 would be limited to 40 be less than 500 milliwatts. The actual where 600 MHz service licensees are milliwatts to protect mobile handsets. If EIRP that could affect a wireless system operating so they can avoid causing the incentive auction recovers less than would be less than that for two reasons. harmful interference to them. The 600 84 megahertz, then channels 36 and 38 First, wireless spectrum blocks are five MHz service licensees rely on the would remain available for TV, allowing

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a fixed white space device to operate at to zero. There will still be some building favorably with the predictions of the power levels above 100 milliwatts. loss even for a DAS installed near clear TM–91–1 model. Finally, if channels 36 and/or 38 remain windows, but the Commission uses zero 103. The Commission calculated the available for TV, a white space device here to ensure that the results are minimum co-channel separation could operate at up to 100 milliwatts so conservative and will protect WMTS distances that would be required for long as it straddles channels 36 and 37 systems from harmful interference. The white space devices to protect WMTS or channels 37 and 38 and it meets the Commission believes that this is likely devices based on the assumptions separation distances being adopted for to be unrealistic in many cases, but stated, basing protection on receiver ¥ channel 37 as well as all other given that this is the first time it is sensitivity of 100 dBm, a 12.5 kHz protection requirements specified in the authorizing co-channel operation of bandwidth, and a frequency of 611 MHz rules. The Commission will not permit, unlicensed portable devices on channel (the center of the WMTS channel). The at this time, white space devices 37, it elects this conservative approach. Commission also assumes an antenna operating on channel 37 in less To the extent that this results in aggregation gain of 3 dB to account for the possibility of multiple antennas congested areas to operate with higher unreasonably large separation distances receiving a WMTS signal. To provide power than four watts since there in individual cases, parties can seek a additional protection, the Commission should already be sufficient spectrum waiver, as discussed below. Finally, available in those areas to operate at will not assume any additional building with respect to the TM–91–1 model, it higher power on other channels. As the penetration loss for WMTS signals, was developed based on suburban area Commission gains experience with using 0 dB, which is in addition to data and that usage in urban areas with higher power operations, it could revisit setting the building penetration loss this issue and adjust the rules more densely packed buildings is likely variable in the model to 0. The accordingly so long as WMTS and RAS to experience losses beyond those Commission assumes an aggregate 2 dB are protected from harmful interference. predicted here. While the model in of loss due to antenna mismatch, general may under predict losses for polarization effects, line loss, etc., b. Determination of WMTS Separation rural areas, the Commission’s which it believes to be reasonable for Distances implementation, such as setting the modelling WMTS protection and less 100. In consideration of the most building penetration loss parameter to than losses likely to be experienced in recent information filed to the record zero should offset the effects of some actual system deployments. Finally, to and the Commission’s goal to be longer line-of-sight distances between protect WMTS, the Commission conservative in the determination of white space devices and WMTS assumes an I/N value of ¥6, providing protection distances to protect WMTS, systems. for a 1 dB rise in the noise floor. The the Commission is basing its analysis on 102. The Commission also rejects the Commission used the TM–91–1 ¥ a 100 dBm receiver sensitivity level argument that the TM–91–1 model is propagation model and white space and a 12.5 kilohertz bandwidth. Using inappropriate to use because it is not device power levels that range from 40 these criteria ensures that the analysis valid at the antenna heights and milliwatts to 4,000 milliwatts in four dB provides sufficient protection for WMTS distances under consideration here and steps. devices produced by all manufacturers. returns results based on a median signal 104. The Commission used the same 101. The Commission believes that level. Although the TM–91–1 model range of HAAT currently specified in the TM–91–1 propagation model is the was developed to study a particular the rules for fixed white space devices most appropriate model to use for and assumed that the WMTS receiver range of distances and antenna heights, determining the separation distances would be at a 10 meter height AGL. The it is based on the Egli model which has necessary to protect WMTS systems Commission concludes that a large an applied range of up to 40 miles from from white space devices at the various number of WMTS devices using channel the transmitter, a transmit antenna power/antenna height combinations 37 are installed at or below the assumed height of 5000 feet and a receive permitted by the rules. The TM–91–1 10 meter height. To assume a greater model, which has been used previously antenna height of 1000 feet. A height in the analysis would be to model white space interference comparison of the TM–91–1 model, unreasonable because it would produce potential, was developed for modelling equation 5, and Egli’s model, equation greater separation distances than are propagation loss at relatively short 2 shows that they are identical when needed to protect WMTS devices in distance to provide capability where the compared in the same units. Thus, many cases. Moreover, multipath and F curves are no longer appropriate. The while TM–91–1 was specifically other reflections off the walls of a taller Commission believes this model, which developed for limited range by the facility would result in more of the predicts propagation loss in excess of virtue of the fact that it is identical to signal being reflected, which were not free space loss, is appropriate in this Egli’s model, it has a broader range of accounted for in the analysis. case as free space loss will application than stated in the report. In 105. The results of the analysis, as underestimate actual signal loss. In addition, the TM–91–1 model may shown in the final rules, provide for addition, signals from white space actually overstate the interference slightly longer separation distances than devices will generally suffer from potential somewhat because it does not those proposed. The Commission additional loss due to ground clutter, account for terrain features, buildings, believes these values represent a multipath effects and building and land cover that have an effect on the conservative evaluation of providing penetration losses. To balance the use of strength of received signals, nor does it protection to WMTS, and along with the this model and its loss predictions consider multipath effects. In particular, procedures discussed below, provide against the WMTS proponents’ claim a comparison between predicted free opportunity for white space devices to that health care facilities often have space path loss and actual measured deploy using channel 37. The distances distributed antenna systems (DAS) path loss for several test sites at two provided in the rules will apply to fixed installed near windows where there hospitals submitted by the WMTS devices and Mode II personal/portable may be little building penetration loss, coalition shows that in many cases the devices that are communicating with the Commission set the building actual path loss is substantially more other fixed and/or Mode II devices. penetration loss parameter of the model than the prediction and compares However, to account for some location

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uncertainty for Mode I devices, the are controlling Mode I devices. When a administrators. White space system Commission will, consistent with its Mode II or fixed white space device is operators will then avoid operating decision for the duplex gap and guard providing channel lists for Mode I white within the protection zones of health bands, require that these distances be space devices, they must comply with care facilities through instructions from doubled when the controlling device is separation distances to 16 meters and 26 the database. a Mode II personal portable device, and meters when serving 40 milliwatt and 112. While the Commission will not increased by 380 meters and 480 meters 100 milliwatt devices, respectively. generally prohibit operation in rural for fixed white space devices serving 40 109. Because the white space areas, it recommends that unlicensed milliwatt and 100 milliwatt personal/ databases are already designed to devices should only operate in channel portable Mode I white space devices, provide for polygonal exclusion zones, 37 in areas where there are fewer than respectively. and a building perimeter is a polygon three channels available for unlicensed 106. The Commission is also adopting that can be defined as a series of latitude use between the UHF channels and the separation distances to protect WMTS and longitude coordinates, these 600 MHz guard bands, including the systems from adjacent channel white distances will apply from the perimeter duplex gap. The Commission expects space device operations on channels 36 of each health care facility containing rural areas, where there are already or 38. It is basing the adjacent channel channel 37 WMTS systems (or if several plenty of channels available for white protection distances on an analysis facilities containing channel 37 WMTS space devices, will continue to have similar to that used to determine co- systems are clustered closely together, channels available after the incentive channel separation distance (10 meter the Commission will allow them to be auction. Thus, prioritizing the available WMTS antenna height, 3 dB antenna defined as a single entity). Obtaining the channels in this manner will balance aggregation, 3 dB antenna mismatch, 0 coordinates defining the perimeter of a the interference protection needs of dB building attenuation). For the out-of- facility will be a simple, straightforward WMTS facilities against the needs of band interference analysis, the process. white space system operators to have Commission used the same ¥100 dBm/ 110. Several commenters suggested sufficient spectrum on which to operate. 12.5 kHz receiver sensitivity and I/N that a more nuanced approach that takes 113. The distances the Commission is protection criteria of ¥6. For the into account site-specific propagation setting to protect WMTS systems will blocking interference analysis, because conditions may best balance the generally protect against harmful the white space device would be competing interests of health care interference, but adjustments may be operating immediately adjacent to facilities and white space proponents. necessary based on the unique channel 37, the Commission assumed 0 The separation distance and protection characteristics of a health care facility dB loss due to the receive filter and a procedures set out here is a default and path loss relative to the potential blocking threshold of ¥37.8 dBm/MHz. approach. There is ongoing dialogue locations of the white space The analysis showed that the protection among the stakeholders and should deployment. The Commission distances to protect from blocking those parties reach a consensus that underscores for white space device interference were larger than to protect differs from this approach, the operators that in all cases, they always from out-of-band interference, so the Commission invites those parties to have the obligation to protect WMTS Commission is basing the adjacent submit an alternative approach for systems from harmful interference and channel protection distances on the streamlined consideration. The to eliminate such interference if it distances shown in the final rules that Commission will monitor the use of should occur. As an added measure of were calculated to protect WMTS from channel 37 and may adjust the protection, the Commission will work blocking interference. separation distances as experience is with the interested parties to explore 107. The Commission adopts adjacent gained. If parties believe a distance procedures whereby if interference to channel protection distances that apply other than that provided in the rules WMTS occurs, white space devices for any antenna height at a given power either over or under protects WMTS would be excluded from operating near level. Because the distances are so short, systems, they may file waiver requests that health care facility until such time the Commission assumes that it is likely with the Commission to modify the as the interference has been fully that the transmitter and receiver are distance for a particular facility or group resolved. both at approximately the same antenna of similarly situated facilities. To ensure 114. To ensure that the separation height. Thus, under the assumed that WMTS systems are protected from distances and procedures the condition of the WMTS receiver being the potential for harmful interference, Commission adopts will provide the 10 meters AGL, if a white space device the Commission will immediately intended protection to WMTS systems, was operating at the maximum of 30 require the database administrators to the Commission intends to limit initial meters AGL allowed by the rules, they expand the separation distance for deployment of white space devices would be at most 20 meters apart. Under reasonable requests for a particular using channel 37 to one or two areas. By these conditions, that separation facility, until it has completed its limiting initial roll-out to just a few distance is larger than necessary to analysis and can render a final decision areas, the Commission jointly with the provide protection. However, to reduce on the waiver. The Commission FDA can work with white space device compliance burdens and to ensure that commits to expeditiously resolving any operators and health care facilities to WMTS receivers are protected in all such waiver request. validate and, if needed, adjust the cases, such as when the antennas are 111. To implement the necessary approach so that critical WMTS systems closer in height above ground level, the protection, the Commission has strived do not experience harmful interference. Commission adopts the calculated to provide a procedure that is simple, Once the rules become effective and the values for all instances at the various straightforward, and easy to implement deadline for health care facility power levels. for all parties. A health care facility will registration has passed, the Commission 108. Finally, as with co-channel register a representation of the perimeter encourages parties interested in separation distance, the Commission is the building to a white space database deploying white space devices on providing additional distance to be administrator. That information will be channel 37 to contact OET to discuss added to fixed and Mode II white space entered into the database and shared the intended deployment and a test device separation distances when they with the other white space database plan. At the successful conclusion of

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testing of these initial deployments, the based on connecting a point on each bands that may be created adjacent to Commission will issue a public notice radial (for a total of 72 points per channel 37. The Commission has to inform interested parties that they polygon). To avoid overprotecting VLBA decided in this proceeding that a three may deploy white space devices sites by prohibiting white space devices megahertz guard band is necessary to nationwide on channel 37. within a large circle centered on each protect new 600 MHz mobile handsets site, the Commission is instead from harmful interference from white c. Determination of RAS Separation requiring that white space devices be space devices. If spectrum is recovered Distances prohibited from transmitting within a in sufficient quantity to require the 115. The Commission is adopting polygon that encompasses only those creation of these guard bands adjacent criteria to protect the ten very long areas that are predicted to have the to channel 37, they will function to baseline array (VLBA) radio astronomy potential to cause harmful interference. provide this protection and will be observatories. The Commission agrees The polygon approach is not unavailable for use by white space with commenters that a site specific burdensome to implement, and white devices. terrain based protection criteria is better space databases already possess the 3. Out-of-Band Emission Limits on than a single fixed distance for each site capability to provide polygonal Channels 36–38 because these sites are often in rural exclusion zones. The final rules provide areas and constructed to take advantage the coordinates defining each polygon. 121. The Commission is removing the of terrain features to provide a very low 117. The Commission disagrees that it strict emission mask into channel 37 noise environment for radio needs to consider white space device which also hampers the ability of white observations. To conduct the analysis, signal aggregation when fashioning the space devices to operate on channels 35, the Commission used the Longley-Rice separation distances. The VLBA is 36, 38, and 39. The rules will require all version 1.2.2 propagation model and the comprised of 25-meter dish antennas white space devices to meet the same protection criteria of ITU–R RA–769–2 which have very high gain and very emission mask for all channels in the (¥212 dB (W/m2 Hz)) which assuming narrow beamwidth, and these antennas TV and 600 megahertz bands, including an isotropic receive antenna equates to generally are aimed skyward. However, channel 37. The Commission has ¥131 dB (W/m2 6 MHz) or a receiver in the instance that an antenna is determined the required separation interference threshold of 1.54 dBuV/m) pointed towards the horizon, its antenna distances for various power levels and along with F(50,2) propagation. For each beam is still so narrow that it is unlikely rejects the WMTS Coalition’s position VLBA receive site, the Commission used that it will see more than a single white that the adjacent channels should have the coordinates specified in § 15.713(h) space device. the same separation requirement as for and a radio astronomy receive antenna 118. The Commission will not co-channel operations on channel 37. height of 27 meters AGL. To perform the prohibit the use of channel 37 in rural This rule change, which eliminates the analysis, the Commission assumed areas and areas where more than 10% need for additional filters to be white space transmitters with 40 of the TV channels are available for incorporated into devices, will reduce milliwatts EIRP, 3 meters antenna white space devices as requested by development and manufacturing costs height AGL, 611 MHz transmitter CORF. As stated above, the Commission and lead to lower prices to consumers. frequency, and an omni-directional is advising that white space systems E. White Space Databases transmit antenna pattern every 2 only use channel 37 in areas where kilometers along 72 radials spaced every there are fewer UHF channels available 1. Expanding Location and Frequency 5 degrees extending from the Radio for unlicensed devices than would meet Information Astronomy (RA) receiver site out to 300 that users spectrum requirements. a. 600 MHz Service Band Operations kilometers. Using F(50,2) propagation Because most RAS sites are located in along the path from each white space rural areas, the Commission expects that 122. The Commission is adopting the transmitter to the radio astronomy site, in most cases white space device system proposed requirements for entering and the Commission could determine, based operators will have access to sufficient storing information on the locations on the terrain profile of each path, spectrum so as to not need to use where 600 MHz Band licensees have which transmit sites produced a field channel 37. The Commission will commenced operation in the white strength above the protection criteria at continue to require white space devices spaces database. Specifically, it is the radio astronomy receiver. Those operating on channels 36 and 38 to requiring that database administrators transmit sites are used to determine the comply with a separation distance of at allow 600 MHz Band licensees to enter site specific protection zone for each least 2.4 kilometers from VLBA sites. the coordinates of a minimum of eight VLBA site. The use of the F(50,2) 119. The Commission will prohibit points and a maximum of 120 points propagation statistics for this analysis white space devices from operating representing the corners of a polygon of provides a conservative determination within the quiet zone around the the minimum size necessary to of protection zones to ensure that VLBA National Radio Astronomy Observatory encompass all base stations or other sites do not receive interference from at Green Bank West Virginia and on the radio facilities used to determine the white space devices. islands of Puerto Rico, Desecheo, Mona, area where a licensee is commencing 116. For each site, the Commission Vieques or Culebra. The Commission operations, consistent with the provides a best fit polygon connecting believes that it would be unreasonable Commission’s decision in a separate the farthest points from each site for operators of white space devices to future proceeding, as well as the beyond which the protection criteria is coordinate with these observatories, and frequencies that a licensee will use in always satisfied. The Commission is the separation distances required to that area. The white spaces databases using this best fit polygon rather than protect these observatories would be will use this information along with the connecting a point along each radial to extremely large. separation distances described to ensure reduce the burdens in implementation. that white space devices operate at a The Commission does not believe that 2. Guard Bands Adjacent to Channel 37 sufficient distance outside the border of there would be much difference in 120. The Commission declines to the defined polygon to prevent harmful available spectrum for white space provide the ability for white space interference to wireless services. This devices if it were to create the polygons devices to use the three megahertz guard approach will provide wireless

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licensees with sufficient flexibility to licensee’s rights to provide service unlicensed devices to comply with the describe different areas of operation. For anywhere in its licensed areas. It is default separation distances that it is example, a licensee can enter the intended to ensure that licensees receive adopting. The separation distances coordinates of multiple polygons in the interference protection to which specified in the rules are from the cases where it plans to commence they are entitled under the terms of their perimeter of each health care facility or service in multiple non-contiguous license. The method the Commission is from the combined perimeter of several areas. A licensee can also specify shapes adopting requires the submission of closely-spaced health care facilities. The more complex than an eight-sided only a minimal amount of information Commission will permit only the health polygon to designate an area that to the database (geographic coordinates, care facility that has registered with a includes irregular boundaries within a frequencies of operation, date of white space database to update its PEA or a PEA boundary so that the commencement of operation, and record if any changes to the coordinates protected area in the database stops at contact information), and this that define its perimeter are warranted. the edge of a carrier’s licensed area. information is well known to licensees. To implement the protection criteria, 123. The Commission will also 600 MHz service licensees will need to the Commission will require that health require that a 600 MHz service licensee update this information as they care facilities that operate WMTS enter contact information (company commence operations in additional networks on channel 37 provide to a name, contact person’s name, address, areas, but this is something that they white space database the following phone number) and the date it plans to will need to do only when they increase information: commence operations when it registers their coverage area. No additional • Name and address of the health care a polygonal area and operating information will need to be submitted to facility frequencies with the white space the white space database if a licensee • Name, address, phone number and database. Requiring the database to adds additional facilities within an area email address of a contact person include this data will allow a licensee that is already registered with the • Location of each facility where a to define its operations area well in database, since that entire area would WMTS network is installed (i.e., advance without limiting the ability of already be protected. The Commission multiple latitude and longitude white space devices to operate until the will work with the database coordinates in NAD 83 that define the actual date when the 600 MHz service administrators as necessary to ensure perimeter of the facility) wireless licensee commences operation. that this registration process works in an 128. The Commission concludes that The database will disregard the efficient manner for all parties involved. registration information prior to the 126. The Commission finds that the it cannot rely on the information in the service commencement date when safeguards associated with carriers’ WMTS database to implement the determining which channels are provision of this information address methodology it adopts for separation available for white space devices. Some their concerns about competitively distances because the WMTS database licensees may not wish to make sensitive information. 600 MHz service does not in all cases have the geographic available details of their intended plans licensees may provide certain location for each facility where a WMTS far in advance, and they could register prescribed information—including network is installed, nor does it have their information closer to the actual geographic coordinates specifying their the coordinates that define the date when they intend to commence service area, frequencies of operation, perimeter of each facility. The operations. date of commencement of operation, Commission staff will work with the 124. The Commission will not require and contact information—to the white WMTS database coordinator and other database administrators to provide a space database administrator in order to parties as necessary to develop a plan user interface to generate multi-sided protect their operations from for working with healthcare facilities to polygons for 600 MHz license areas, and interference from white space devices. register their information with the white instead will require only that database The licensees exercise significant space databases. administrators make provisions to allow discretion as to when they make these 129. Under the current rules, a 600 MHz service licensees to upload the disclosures, and may choose to do so database administrator does not required registration information, directly before they commence function as a frequency coordinator and including the polygon information operations. The Commission also will thus is not responsible for resolving which a licensee can generate using direct the database administrators not to interference claims. If there is a claim of readily available software tools. make information of the carriers’ harmful interference, a database However, database administrators are operational areas publicly available. In administrator, upon request from the free to develop a user interface if they addition, database administrators are Commission, must provide the white choose. The Commission will also prohibited from ‘‘us[ing] their capacity space device’s identifying information. require that white space database as a database manager to engage in any If a device is found to be causing administrators provide a means to discriminatory or anti-competitive harmful interference, the Commission update or to remove and replace a practices or any practices that may may then require that the party previous registration when it needs to compromise the privacy of users.’’ The responsible for the unlicensed device be updated or corrected. The Commission finds that the foregoing take corrective actions or cease Commission will further require that factors mitigate concern over the operating the device until the database administrators share on a daily potential for anticompetitive use of 600 interference is resolved. If a basis the data registered by 600 MHz MHz service licensees’ deployment representative of the Commission is licensees, as they do for other services. information. unable to contact the person responsible 125. The Commission disagrees that for a device that is causing harmful the requirement for 600 MHz service b. WMTS Location Information interference, the Commission may licensees to notify the white space 127. The Commission will protect require the white space database to database of the areas where they are registered WMTS operations on channel return a message of ‘‘no channels commencing operation is overly 37 from harmful interference from white available’’ to the device at its next burdensome or complicated. This space devices operating on the same or scheduled re-check to shut it down until requirement does not diminish a adjacent channels by requiring the the interference can be resolved. The

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Commission staff will work with the counterparts there to work out similar removed from the database under this WMTS database coordinator and other arrangements. provision but is later re-registered. parties as necessary to explore how e. Private Land Mobile Radio Service b. Unlicensed Wireless Microphone these procedures may be modified so Registration and Fees that a health care facility could notify 132. The Commission is adopting its the database administrators to proposal to modify the information 135. The Commission will eliminate immediately expand the protection zone required to be included in the white the part 15 rule that permits unlicensed around its facility, effectively space database to protect PLMRS/CMRS wireless microphone users to register suspending the operation of unlicensed base stations in the TV bands that are their operating locations, channels and devices closer to its facility that could located more than 80 kilometers from times in the white space databases to be causing harmful interference until the geographic centers of the 13 reserve channels for their use and to the interference has been resolved. metropolitan areas defined in protect these operations from possible § 90.303(a) of the rules. Specifically, it interference from white space devices. c. RAS Location Information is modifying § 15.713(h)(4) of the rules This change will be effective 18 months 130. The Commission will require the to require the white space databases to after the effective date of the rules but databases administrators to modify their include the TV channel number on in any event no later than the release of databases to implement the polygonal which a PLMRS/CMRS base station the Channel Reassignment PN after the exclusion areas on channel 37 specified operates, and to remove the requirement conclusion of the incentive auction. Unlicensed wireless microphones will above, which it believes should be for the white space databases to include not be permitted to register channels for relatively easy to implement. The the effective radiated power and protection in the TV bands, the 600 database administrators will also be able antenna height information for each MHz guard bands or duplex gap, and to easily accommodate the requirement base station. The Commission finds that the changes are needed to effectively the 600 MHz service band. to protect the two single dish RAS 136. In order for the database observatories by excluding white space protect the PLMRS/CMRS and to avoid the collection of unnecessary administrators to provide unlicensed devices from operating within the wireless microphone users with National Radio Quiet Zone at Green information in the white space databases. information about available frequencies Bank, WV and on the islands of Puerto and required separation distances at the Rico, Desecheo, Mona, Vieques and 2. Changes to Database Procedures location where they intend to operate, Culebra around the Arecibo observatory. the Commission will require that The Commission deletes from rule a. White Space Device Registration and Fees microphone users register with a § 15.712(h)(3) the Allen Telescope Array database administrator and provide and the Very Large Array since they do 133. The Commission is adopting its their identifying information and not receive signals in the TV bands or proposed requirement that fixed white locations. Database administrators will the 600 MHz band. space devices must register with the be permitted to charge a fee for d. Canadian and Mexican Stations database if they operate in the 600 MHz providing unlicensed microphone users service band, the guard bands duplex with information about available 131. The Commission makes no gap, or channel 37. It is also modifying frequencies and required separation change to the process by which it the rule that permits the white space distances at the locations where they receives information on Canadian TV database administrators to charge a fee intend to operate. stations in the border areas that need to for providing lists of available channels 137. The Commission makes these be protected and passes the information to white space devices and registering changes because in 2014 it expanded on to the white space database fixed white space devices to clearly eligibility for part 74 LPAS licenses to administrators. Canada recently state that this rule applies to white include professional sound companies finalized white space device rules but space devices that would operate in the and the owners and operators of large has not yet authorized their use as no TV bands, the 600 MHz service band, venues that routinely use 50 or more databases have yet been approved. and the 600 MHz guard bands, wireless microphones. The Commission Because the Commission has rules that including the duplex gap, and channel also makes these changes because it is provide for registration and protection 37. The Commission is taking these adopting new rules for unlicensed of certain operations that are not in a actions for consistency with the current wireless microphones that are Commission database (e.g., cable part 15 rules which require that fixed consistent with rules applicable to headends, BAS receive sites), an white space devices operating in the TV white space devices in the 600 MHz efficient method for transferring this bands must register with the white guard band, duplex gap and MHz data to Canadian database space databases. service band. Specifically, wireless administrators as well as passing such 134. The Commission is also microphones will operate with similar information from Canada to U.S. modifying the rules to require that a technical requirements to white space database administrators is needed to fixed white space device registration be devices (i.e., maximum power), operate ensure that such operations receive removed from the white space databases on a non-interference basis to interference protection. The if the device has not checked the authorized services, and will be Commission will continue discussions database for at least three months to required to access a database to with its counterparts in Canada to update its channel list. This rule will determine the available channels at develop the most efficient procedures to help ensure the integrity of the white their location. The Commission finds share registered entity information space databases by requiring the that it would be inequitable to continue among various databases and provide removal of entries for fixed devices that to provide interference protection to one information and procedures to the are registered but are no longer in unlicensed user over another and it database administrators as agreements operation. The Commission is also would be unfair to licensed microphone are reached. At such time that Mexico clarifying that a database administrator users because it would effectively develops white space device rules, the may charge a new registration fee for a eliminate any distinction between Commission will engage with its fixed white space device that is licensed and unlicensed microphone

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users in gaining access to spectrum and wireless microphone users will have to microphones and white space devices in interference protection. contact a database and request channels any given area. Also, because only a few 138. The purpose of the white space for immediate use. The Commission channels would be designated for ‘‘fast database is two-fold: To protect concludes that for these occasions, it polling,’’ this approach is less flexible in authorized services and facilities that will require that database administrators meeting the needs of wireless are entitled to interference protection ‘‘push’’ information to white space microphone users for immediate access under the Commission’s rules, and to devices in the area where the licensed to spectrum. identify for unlicensed devices channels wireless microphones will be used, 142. By adopting a requirement for available for their use without causing notifying them of changes in channel ‘‘push’’ notifications to white space harmful interference to authorized availability, rather than require all white devices of wireless microphone users. The database administrators incur space devices to re-check a database registrations to enable more immediate costs to not only maintain data but also every twenty minutes. This approach protection when reserving channels, to calculate and provide lists of balances the needs of both white space such as for late-breaking events, the available channels for unlicensed users. device and wireless microphone Commission concludes that it does not Because both unlicensed white space proponents. It satisfies the objective of need to eliminate § 15.711(b)(3)(iii) devices and unlicensed wireless the proposal to make spectrum available which allows a white space device to microphone users will benefit equally for licensed wireless microphone use for continue operating until 11:59 p.m. on from the information provided by the late-breaking events, but it does not the following day if it cannot establish databases, the Commission believes that burden all white space users with contact with the database. The they should be equally responsible for unnecessary frequent database re- Commission will continue to require supporting the ongoing operation of the checking in meeting this objective. that white space devices re-check the databases. The database administrators 140. When a database administrator database at least once per day to obtain may charge fees to register fixed receives a request for immediate access the list of available TV channels at the unlicensed white space devices and to to channels for licensed wireless location where the device operates. This provide lists of available channels to microphone use, the Commission will way the channel lists they receive each white space devices. To enable require that the database administrators day will include those channels that unlicensed wireless microphone users share licensed wireless microphone’s wireless microphone users reserve in to register with a database, the channel registration information among advance, and they will be able to Commission will require that they themselves within ten minutes. The continue to operate on any of those provide a database administrator with Commission will also require that the available channels unless they receive a the same information that they have database administrators ‘‘push’’ ‘‘push’’ notification. The Commission provided to reserve a channel under information about changes in channel emphasizes that the ‘‘push’’ procedure current rule § 15.713(h)(9), namely: (a) availability for fixed and Mode II should only be used by wireless Name of the individual or business that personal/portable white space devices microphone users when circumstances owns the unlicensed wireless within 20 minutes of receiving it, prevent them from reserving vacant microphone; (b) an address for the identifying for the white space device channels in advance of their expected contact person; (c) an email address for other vacant channels that it could use use, because unnecessary and frequent the contact person; (d) a phone number instead. The database administrators use of the ‘‘push’’ procedure would be for the contact person; and (e) need to push this information only to disruptive to broadband services being coordinates where the device will be white space devices that are located provided by white space devices. used (latitude and longitude in NAD within the separation distances, 83). specified in rule § 15.712(f)(1), from the F. Equipment Certification and location specified by the wireless Marketing c. Frequency of White Space Device microphone registrant. To provide the Check Times and Databases Sharing 1. White Space Devices database administrators with sufficient Registration Information time to modify their systems, the 143. The changes that the 139. The Commission finds that Commission will require their Commission is adopting to require fixed requiring all white space devices to re- compliance with these requirements 12 and Mode II personal/portable devices check a database for a list of available months after the effective date of these to accept updated channel lists channels every twenty minutes as new rules. ‘‘pushed’’ by the database require proposed in the NPRM would 141. The Commission concludes that changes to devices that were previously unnecessarily burden the database requiring all white space devices in the approved, since the method that a administrators and white space device country to re-check channel availability device uses to communicate with the users and is not necessary. The in their area every twenty minutes database is a function of a device. Based Commission already has in place a would unnecessarily burden the white on the Commission’s experience with procedure whereby licensed wireless space databases, drive up costs for certifying fixed white space devices and microphone users can register with a database management and white space testing white space databases prior to database and reserve channels for their devices users, and is overly-broad in permitting them to offer service, it use well in advance of their intended satisfying the objective of the original believes that this change can be date of operation. The issue that needs proposal to ensure that white space implemented through software updates to be addressed is making channels devices clear a channel needed for and no hardware changes, so only a available for licensed wireless licensed wireless microphone users for short transition time period is microphone use for events that cannot late-breaking events in a specific area. necessary. Also, the Commission wants be anticipated, such as late-breaking The Commission also rejects the these procedures in place well before news events, within minutes or hours of suggestion to designate a few ‘‘fast white space devices gain access to the when they occur. When two vacant polling’’ channels because it could not two vacant TV channels now reserved channels above and below channel 37 determine until after the post-auction for wireless microphone use, to reassure are no longer available for exclusive use transition period which vacant channels licensed microphone users requiring by wireless microphones, licensed will be available for wireless access to spectrum for late-breaking

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events. Accordingly, it is requiring that manufacturing and marketing of all operating at locations where wireless devices for which a certification wireless microphones that would not licenses have not commenced application is filed beginning six comply with the rules for operation in operations. The Commission months after the effective date of the the 600 MHz band cease 18 months after understands that consumers may not rules comply with the new channel release of the Channel Reassignment PN understand the need to forego the use of push requirements. The Commission or no later than 33 months after the equipment in the 600 MHz band that will also require that within nine effective date of the new rules, could otherwise be used for many years, months after the effective date of the whichever occurs first. If a wireless but it had to balance this harm to rules, all white space devices imported microphone is certified to operate in individual users against the need to and marketed within the United States any portion of the 600 MHz service protect new wireless services from must comply with these requirements, band, it may no longer be marketed or harmful interference. regardless of when they were certified. operated after the specified cutoff dates Procedural Matters It will further require that white space by an unlicensed wireless microphone devices that do not comply with the user, even if it could be tuned to operate 149. As required by the Regulatory new channel push requirements must outside the 600 MHz service band. Flexibility Act of 1980, as amended cease operating within one year of the 147. The Commission recognizes that (RFA),1 an Initial Regulatory Flexibility effective date of the rules. it is important to provide manufacturers Analysis (IRFA) was incorporated in the with sufficient time to design new Notice of Proposed Rule Making 2. Wireless Microphones products, obtain equipment (NPRM).2 The Commission sought 144. The Commission adopts certification, and commence written public comment on the transition rules for the TV bands, the manufacturing, and that it is equally proposals in the NPRM, including guard bands (including the duplex gap), important to allow manufacturers to sell comment on the IRFA. This present and the 600 MHz service band that will existing devices that allow the public to Final Regulatory Flexibility Analysis allow it to gradually phase out older continue providing service until new (FRFA) conforms to the RFA.3 microphones and introduce new ones products are available in the A. Need for, and Objectives of, the that are compliant with the technical marketplace. The cutoff dates that the Report and Order rules for unlicensed and licensed Commission adopts for certification, wireless microphones that it adopts in manufacturing and marketing of 150. The Report and Order maximizes this proceeding, and for licensed wireless microphones appropriately unlicensed white space devices’ access wireless microphone that it adopts in balance these two goals. Manufacturers to spectrum in the television the Wireless Microphone R&O. The will not know what band plan they need broadcasting band and the 600 MHz Commission is aligning the transition to design and manufacture to until after band in a number of ways. It modifies periods as closely as possible with the the incentive auction is concluded, and the Part 15 rules to permit fixed and post-auction transition schedule it would be unreasonable to require that personal/portable devices to use TV because this will ensure compliance only certification applications channels previously unavailable to them with the post-auction 600 MHz Band complying with the new rules be while continuing to protect TV services Plan and be less disruptive to wireless accepted at the time the Channel from harmful interference by adjusting microphone manufacturers and users. Reassignment PN is released. Broadcast power limits, specifying separation 145. Regarding unlicensed wireless stations will be vacating the 600 MHz distances, and specifying antenna microphones, the Commission will band over a 39 month period after the heights. The Report and Order also permit users of such equipment to release of the Channel Reassignment adopts technical rules for white space operate part 74 wireless microphones in PN, and new wireless operations will be device operations in the 600 MHz the TV bands under the waivers already built out gradually as broadcast stations band—including the duplex gap, guard in place and in the 600 MHz service leave the band and most likely bands, repurposed 600 MHz band and band until they must cease those continuing beyond the 39 month channel 37—by establishing power operations no later than 39 months after transition period. It would be limits and specifying frequency and release of the Channel Reassignment unreasonable to cut off manufacturing distance separations as needed to PN. Although these microphones are and marketing six months into the 39 protect authorized services in those certified as compliant with part 74 month transition period since this bands from harmful interference. White rules, the waiver requires that they be would deny the public access to devices space devices will continue to access operated consistent with the part 15 that would allow them to continue to the white space databases for channel rules which the Commission is adopting provide service. The Commission assignments in the TV bands, as well as in this proceeding. Thus, their concludes that the cutoff dates it has in the 600 MHz band and channel 37. continued use in the TV bands and in chosen will encourage manufacturers to The Report and Order also adopts rules the 600 MHz band during the post- concentrate on developing wireless for unlicensed wireless microphones auction transition period is unlikely to microphones that operate in compliance cause harmful interference to licensed with new rules and ensure that 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 through 612, has been amended by the Small services. manufacturers cease making and Business Regulatory Enforcement Fairness Act of 146. The Commission will accept marketing equipment that cannot be 1996 (SBREFA), Public Law 104–121, Title II, 110 applications to certify wireless legally used after a certain date. Stat. 857 (1996). microphones under new Part 15 rules as 148. The Commission is adopting 2 See Amendment of part 15 of the Commission’s soon as those rules are effective, and different transition rules for wireless Rules for Unlicensed Operations in the Television Bands, Repurposed 600 MHz Guard Bands and will require applications to certify microphones in the 600 MHz service Duplex Gap, and Channel 37, and Amendment of wireless microphones under new part band than for white space devices part 74 of the Commission’s Rules for Low Power 15 rules nine months after the release of because in the Incentive Auction R&O Auxiliary Stations in the Repurposed 600 MHz the Channel Reassignment PN or no the Commission decided that wireless Band and 600 MHz Duplex Gap; ET Docket No. 14– 165; Expanding the Economic and Innovation later than 24 months after the effective microphones would have a hard date for Opportunities of Spectrum Through Incentive date of the new rules, whichever occurs ceasing operations in that band, but that Auctions, GN Docket No. 12–268. first. The Commission will require that white space devices could continue 3 See 5 U.S.C. 604.

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operating in the TV bands, guard bands radio and television broadcast and television broadcasters are small and duplex, and for licensed wireless wireless communications equipment. entities. microphones operating in the duplex Examples of products made by these 156. We note, however, that in gap. establishments are: Transmitting and assessing whether a business concern qualifies as small under the above B. Summary of Significant Issues Raised receiving antennas, cable television equipment, GPS equipment, pagers, definition, business (control) affiliations by Public Comments in Response to the must be included.14 Our estimate, IRFA cellular phones, mobile communications equipment, and radio therefore, likely overstates the number 151. There were no comments filed and television studio and broadcasting of small entities that might be affected that specifically addressed the rules and equipment.’’ 8 The SBA has developed a by our action because the revenue figure policies proposed in the IRFA. small business size standard for Radio on which it is based does not include or C. Response to Comments by the Chief and Television Broadcasting and aggregate revenues from affiliated Counsel for Advocacy of the Small Wireless Communications Equipment companies. In addition, an element of Business Administration Manufacturing, which is: All such firms the definition of ‘‘small business’’ is that the entity not be dominant in its field 152. Pursuant to the Small Business having 750 or fewer employees. According to Census Bureau data for of operation. We are unable at this time Jobs Act of 2010, the Commission is to define or quantify the criteria that required to respond to any comments 2007, there were a total of 939 establishments in this category that would establish whether a specific filed by the Chief Counsel for Advocacy television station is dominant in its field of the Small Business Administration operated for part or all of the entire year. Of this total, 912 had less than 500 of operation. Accordingly, the estimate (SBA), and to provide a detailed of small businesses to which rules may statement of any change made to the employees and 17 had more than 1000 employees.9 Thus, under that size apply does not exclude any television proposed rules as a result of those station from the definition of a small standard, the majority of firms can be comments. The Chief Counsel did not business on this basis and is therefore considered small. file any comments in response to the possibly over-inclusive to that extent. proposed rules in this proceeding. 155. Television Broadcasting. This 157. In addition, the Commission has D. Description and Estimate of the Economic Census category ‘‘comprises estimated the number of licensed Number of Small Entities to Which the establishments primarily engaged in noncommercial educational (NCE) Rules Will Apply broadcasting images together with television stations to be 396.15 These sound. These establishments operate stations are non-profit, and therefore 153. The RFA directs agencies to television broadcasting studios and considered to be small entities.16 provide a description of, and where facilities for the programming and 158. There are also 2,414 low power feasible, an estimate of the number of transmission of programs to the television stations, including Class A small entities that may be affected by public.’’ 10 The SBA has created the stations and 4,046 television translator the proposed rules, if adopted.4 The following small business size standard stations.17 Given the nature of these RFA generally defines the term ‘‘small for Television Broadcasting firms: Those services, we will presume that all of entity’’ as having the same meaning as these entities qualify as small entities the terms ‘‘small business,’’ ‘‘small having $38.5 million or less in annual 11 under the above SBA small business organization,’’ and ‘‘small governmental receipts. The Commission has 5 estimated the number of licensed size standard. jurisdiction.’’ In addition, the term 159. Manufacturers of unlicensed ‘‘small business’’ has the same meaning commercial television stations to be 12 devices. In the context of this FRFA, as the term ‘‘small business concern’’ 1,388. In addition, according to manufacturers of Part 15 unlicensed under the Small Business Act.6 A Commission staff review of the BIA devices that are operated in the UHF– ‘‘small business concern’’ is one which: Advisory Services, LLC’s Media Access TV band (channels 14–51) for wireless (1) Is independently owned and Pro Television Database on March 28, data transfer fall into the category of operated; (2) is not dominant in its field 2012, about 950 of an estimated 1,300 Radio and Television and Wireless of operation; and (3) satisfies any commercial television stations (or Communications Equipment additional criteria established by the approximately 73 percent) had revenues 13 Manufacturing. The Census Bureau Small Business Administration (SBA).7 of $14 million or less. We therefore 154. Radio and Television estimate that the majority of commercial defines this category as follows: ‘‘This Broadcasting and Wireless industry comprises establishments Communications Equipment 8 The NAICS Code for this service 334220. See 13 primarily engaged in manufacturing Manufacturing. The Census Bureau CFR 121/201. See also http://factfinder.census.gov/ radio and television broadcast and _ _ defines this category as follows: ‘‘This servlet/IBQTable? bm=y&-fds name=EC0700A1&- wireless communication equipment. geo_id=&-_skip=300&-ds_name=EC0731SG2&-_ industry comprises establishments Examples of products made by these lang=en. establishments are: Transmitting and primarily engaged in manufacturing 9 See http://factfinder.census.gov/servlet/ IBQTable?_bm=y&-geo_id=&-fds_ receiving antennas, cable television _ _ 4 See 5 U.S.C. 603(b)(3). name=EC0700A1&- skip=4500&-ds _ 5 See 5 U.S.C. 601(6). name=EC0731SG3&- lang=en. 14 ‘‘[Business concerns] are affiliates of each other 10 6 See 5 U.S.C. 601(3) (incorporating by reference U.S. Census Bureau, 2012 NAICS Definitions: when one concern controls or has the power to the definition of ‘‘small-business concern’’ in the 515120 Television Broadcasting, (partial definition), control the other or a third party or parties controls Small Business Act, 15 U.S.C. 632). Pursuant to 5 http://www.census.gov/cgi-bin/sssd/naics/ or has to power to control both.’’ 13 CFR U.S.C. 601(3), the statutory definition of a small naicsrch?code=515120&search=2012 (last visited 21.103(a)(1). business applies ‘‘unless an agency, after May 6, 2014). 15 See FCC News Release, Broadcast Station consultation with the Office of Advocacy of the 11 13 CFR 121.201 (NAICS code 515120) (updated Totals as of December 31, 2013 (rel. January 8, Small Business Administration and after for inflation in 2010). 2014), http://transition.fcc.gov/Daily_Releases/ opportunity for public comment, establishes one or 12 See FCC News Release, Broadcast Station Daily_Business/2014/db0108/DOC-325039A1.pdf. more definitions of such term which are Totals as of December 31, 2013 (rel. January 8, 16 See generally 5 U.S.C. 601(4), (6). appropriate to the activities of the agency and 2014), http://transition.fcc.gov/Daily_Releases/ 17 See FCC News Release, Broadcast Station publishes such definition(s) in the Federal Daily_Business/2014/db0108/DOC-325039A1.pdf. Totals as of December 31, 2013 (rel. January 8, Register.’’ 13 We recognize that BIA’s estimate differs 2014), http://transition.fcc.gov/Daily_Releases/ 7 See 15 U.S.C. 632. slightly from the FCC total given. Daily_Business/2014/db0108/DOC-325039A1.pdf.

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equipment, GPS equipment, pagers, estimate of small businesses to which E. Description of Projected Reporting, cellular phones, mobile rules may apply does not exclude any Recordkeeping, and Other Compliance communications equipment, and radio radio station from the definition of a Requirements for Small Entities and television studio and broadcasting small business on this basis and 163. White space devices are 18 equipment.’’ The SBA has developed therefore may be over-inclusive to that unlicensed devices that operate in the the small business size standard for this extent. Also, as noted, an additional TV bands at locations where frequencies category as firms having 750 or fewer element of the definition of ‘‘small 19 are not in use by licensed services. employees. According to Census business’’ is that the entity must be These devices may be either fixed or Bureau data for 2007, there were a total independently owned and operated. portable. Fixed devices may operate at of 939 establishments in this category The Commission notes that it is difficult 20 power levels up to four watts, and that operated for the entire year. Of at times to assess these criteria in the portable devices operate at up to 100 this total, 912 had less than 500 context of media entities and the milliwatts if they are outside the service employees and 17 had more than 1000 estimates of small businesses to which contours of adjacent channel TV employees. Thus, under that size they apply may be over-inclusive to this stations or 40 milliwatts within the standard, the majority of firms can be extent. service contour of an adjacent channel considered small. 162. Radio, Television, and Other TV station. To prevent harmful 160. Radio Broadcasting. The SBA Electronics Stores. The Census Bureau interference to broadcast television defines a radio broadcast station as a defines this economic census category stations and other authorized users of small business if such station has no as follows: ‘‘This U.S. industry these bands, white space devices must more than $38.5 million in annual comprises: (1) Establishments known as obtain a list of available TV channels receipts.21 Business concerns included consumer electronics stores primarily that may be used at their location from in this industry are those ‘‘primarily engaged in retailing a general line of databases administered by private engaged in broadcasting aural programs new consumer-type electronic products entities selected by the Commission. by radio to the public.’’ 22 According to such as televisions, computers, and 164. Wireless microphones also review of the BIA Publications, Inc. cameras; (2) establishments specializing operate in the TV bands. Certain entities Master Access Radio Analyzer Database in retailing a single line of consumer- may be issued licenses under Subpart H as of November 26, 2013, about 11,331 type electronic products; (3) of part 74 of the rules to operate low (or about 99.9 percent) of 11,341 establishments primarily engaged in power auxiliary stations in the TV commercial radio stations have retailing these new electronic products bands. The Commission also allows the revenues of $35.5 million or less and in combination with repair and support operation of part 74 certified wireless thus qualify as small entities under the services; (4) establishments primarily microphones in the VHF and UHF TV SBA definition. The Commission notes, engaged in retailing new prepackaged bands on an unlicensed basis under a however, that, in assessing whether a computer software; and/or (5) waiver of the part 15 rules granted in business concern qualifies as small establishments primarily engaged in the 2010 TV Bands Wireless under the above definition, business retailing prerecorded audio and video 23 Microphones R&O and Further NPRM. (control) affiliations must be media, such as CDs, DVDs, and 165. In the Incentive Auction R&O, included. This estimate, therefore, likely tapes.’’ 24 The SBA has developed a the Commission decided to repurpose a overstates the number of small entities small business size standard for portion of the UHF TV spectrum for that might be affected, because the Electronic Stores, which is: All such licensed wireless services (the ‘‘600 revenue figure on which it is based does firms having $32.5 million or less in MHz band’’). The Commission’s band not include or aggregate revenues from annual receipts.25 According to Census plan provides for a guard band between affiliated companies. Bureau data for 2007, there were 11,358 television spectrum and 600 MHz 161. In addition, an element of the firms in this category that operated for downlink services, a guard band definition of ‘‘small business’’ is that the 26 the entire year. Of this total, 11,323 between 600 MHz uplink and downlink entity not be dominant in its field of firms had annual receipts of under $25 services (a duplex gap), and guard bands operation. The Commission is unable at million, and 35 firms had receipts of between 600 MHz downlink services this time to define or quantify the $25 million or more but less than $50 and channel 37. In the TV bands that are criteria that would establish whether a 27 million. Thus, the majority of firms in repurposed for wireless services, the specific radio station is dominant in its this category can be considered small. Commission decided to allow white field of operation. Accordingly, the space devices to continue operating 24 U.S. Census Bureau, 2012 NAICS Definitions, indefinitely in areas where a 600 MHz 18 U.S. Census Bureau, 2012 NAICS Definitions: 443142 Electronics, http://www.census.gov/cgi-bin/ band licensee has not commenced 334220 Radio and Television Broadcasting and sssd/naics/naicsrch?code=443142&search=2012 Wireless Communications Equipment NAICS Search (last visited May 6, 2014). operations, and to allow wireless Manufacturing, http://www.census.gov/cgi-bin/ 25 13 CFR 121.201, NAICS code 443142. microphones to operate for 39 months sssd/naics/naicsrch?code=334220&search=2012 26 U.S. Census Bureau, 2007 Economic Census, after release of a public notice (last visited Mar. 6, 2014). Subject Series: Retail Trade, Estab & Firm Size: 19 announcing channel reassignments as a 13 CFR 121.201 (NAICS code 334220). Summary Statistics by Sales Size of Firms for the 20 result of the incentive auction. U.S. Census Bureau, Table No. EC0731SG3, United States: 2007, NAICS code 443142 (released Manufacturing: Summary Series: General 2010), http://www2.census.gov/econ2007/EC/ 166. Most RF transmitting equipment, Summary: Industry Statistics for Subsectors and sector44/EC0744SSSZ4.zip (last visited May 7, including white space devices and Industries by Employment Size: 2007 (NAICS code 2014). Though the current small business size wireless microphones, must be 334220), http://factfinder2.census.gov/faces/ standard for electronic store receipts is $30 million authorized through the certification tableservices/jsf/pages/ or less in annual receipts, in 2007 the small _ _ _ productview.xhtml?pid=ECN 2007 US 31SG3. business size standard was $9 million or less in procedure. Certification is an equipment 21 13 CFR 121.201, 2012 NAICS code 515112. annual receipts. In 2007, there were 11,214 firms in authorization issued by the Commission 22 U.S. Census Bureau, 2012 NAICS Definitions: this category that operated for the entire year. Of or by a designated TCB based on an 515112 Radio Broadcasting, http:// this total, 10,963 firms had annual receipts of under application and test data submitted by www.census.gov/cgi-bin/sssd/naics/ $5 million, and 251 firms had receipts of $5 million naicsrch?code=515112&search=2012 (last visited or more but less than $10 million. Id. the responsible party (e.g., the Mar. 6, 2014). 27 Id. An additional 33 firms had annual receipts manufacturer or importer). The Report 23 See n.14. of $50 million or more. and Order does not change the

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authorization procedure for white space must cease those operations no later through a software update without devices and wireless microphones. than 39 months after release of the hardware changes, so only a short However, it establishes new and Channel Reassignment PN. The transition time period is provided. modified technical requirements for Commission will accept applications to 172. With regard to wireless white space devices and wireless certify wireless microphones under new microphones, unlicensed users may microphones, as well as certification, part 15 rules as soon as those rules are continue to use Part 74 certified marketing and operational cutoff dates effective, and will require applicants to wireless microphones under an existing for certain equipment. certify wireless microphones under new waiver during the 39 month transition 167. With regard to white space part 15 rules nine months after the period rather than using part 15 devices, the Report and Order permits release of the Channel Reassignment certified equipment. The Commission their operation at lower power levels PN, or no later than 24 months after the took this action since manufacturers and closer separation distances to TV effective date of the new rules, need time to certify wireless stations in all areas, and at higher power whichever occurs first. The Report and microphones under the new part 15 with a greater separation distance from Order also requires that manufacturing rules, and to permit users to continue TV stations in less congested areas. It and marketing of all wireless using their existing equipment until the also permits the operation of white microphones that would not comply operational cutoff date previously space devices on additional channels with the 600 MHz band cease 18 months established by the Commission. and frequencies where operation is not after release of the Channel 173. Incorporation by Reference. The currently permitted, including TV Reassignment PN or no later than 33 Office of Federal (OFR) recently revised channels 3 and 4 (fixed devices), months after the effective date of the the regulations to require that agencies channels 14–20 (portable devices), new rules, whichever occurs first. must discuss in the preamble of the rule channel 37 (fixed and portable devices), ways that the materials the agency and the 600 MHz guard bands and F. Steps Taken To Minimize the incorporates by reference are reasonably duplex gap (fixed and portable devices). Significant Economic Impact on Small available to interested persons and how In addition, the Report and Order allows Entities, and Significant Alternatives interested parties can obtain the for the operation of devices with less Considered materials. In addition, the preamble of precise geo-location capabilities. These 170. The RFA requires an agency to the rule must summarize the material. 1 changes are permissive, meaning that describe any significant, specifically CFR 51.5(b). In accordance with OFR’s manufacturers of white space devices small business, alternatives that it has requirements, the discussion in this may implement them in their considered in reaching its proposed section summarizes European equipment, but are not required to do approach, which may include the Telecommunications Standards Institute so. following four alternatives (among (ETSI). Copies of ETSI are available free 168. The Report and Order requires others): ‘‘(1) the establishment of of charge at www.etsi.org, or by that white space devices and databases differing compliance or reporting requesting the document by mail at the incorporate a ‘‘push’’ feature that allows requirements or timetables that take into following address: European updated channel information to be sent account the resources available to small Telecommunications Standards to a white space device in the event that entities; (2) the clarification, Institute, 650 Route des Lucioles, F– a previously available channel becomes consolidation, or simplification of 06921 Sophia Antipolis Cedex, France, reserved for use by a wireless compliance and reporting requirements or at http://www.etsi.org/deliver/etsi_en/ microphone. White space devices for under the rule for such small entities; 3004000_300499/30042201/01.04.02_ which a certification application is filed (3) the use of performance rather than 60/en_30042201v01010402p.pdf. beginning six months after the effective design standards; and (4) an exemption ETSI EN 300 422–1 V1.4.2 (2011–08): date of the rules must comply with the from coverage of the rule, or any part Electromagnetic compatibility and Radio new channel push requirement. The thereof, for such small entities.’’ 28 spectrum Matters (ERM); Wireless Report and Order also requires that 171. The rule changes adopted in the microphones in the 25 MHz to 3 GHz within nine months after the effective Report and Order give greater flexibility frequency range; Part 1: Technical date of the rules, all white space devices for fixed and personal/portable white characteristics and methods of measurement, imported and marketed within the space device operation in the TV bands. August 2011, IBR approved for § 15.236(g). United States must comply with these As noted above, the majority of these This standard requires wireless requirements, regardless of when they changes are permissive, meaning that microphones to meet certain emission were certified. It further requires that manufacturers of white space devices requirements which will protect white space devices that do not comply are not required to incorporate them authorized services in adjacent bands with the new channel push into previously approved equipment, from harmful interference, and will requirements must cease operating with the exception of the channel improve spectrum sharing by wireless within one year of the effective date of ‘‘push’’ requirement. The Commission microphones. the rules. adopted this requirement as an 174. Paperwork Reduction Act 169. With regard to unlicensed alternative to its proposal in the NPRM Analysis. This document contains wireless microphones, the Report and to require that white space devices modified information collection Order establishes cutoff dates for the check the database every 20 minutes to requirements subject to the Paperwork certification, manufacturing and determine which channels are available Reduction Act of 1995 (PRA), Public marketing of unlicensed wireless for use. The Commission determined Law 104–13. It will be submitted to the microphones in the TV bands, the guard that the push requirement would be less Office of Management and Budget bands (including the duplex gap), and burdensome on equipment (OMB) for review under section 3507(d) the 600 MHz service band. It permits manufacturers, users, and white space of the PRA. OMB, the general public, unlicensed wireless microphone users database administrators than a 20 and other Federal agencies are invited to to continue to operate part 74 certified minute re-check interval. This change comment on the new or modified wireless microphones in the TV bands can be implemented in existing devices information collection requirements under waivers already in place and in contained in this proceeding. In the 600 MHz service band until they 28 See 5 U.S.C. 603(c)(1) through (c)(4). addition, we note that pursuant to the

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Small Business Paperwork Relief Act of List of Subjects MHz and shall be coordinated under the 2002, Public Law 107–198, see 44 U.S.C. requirements found in 47 CFR 95.1119. 47 CFR Part 2 2 3506(c)(4), we previously sought White space devices shall not cause specific comment on how the Communications equipment, Radio, harmful interference to radio astronomy operations in the band 608–614 and shall not Commission might further reduce the Reporting and recordkeeping operate within the areas described in 47 CFR information collection burden for small requirements. 15.712(h). business concerns with fewer than 25 47 CFR Part 15 employees. * * * * * 175. We have assessed the effects of Communications equipment, PART 15—RADIO FREQUENCY the policies adopted in this Report and Incorporation by reference, Radio, DEVICES Order with regard to information Reporting and recordkeeping requirements. collection burdens on small business ■ 3. The authority citation for part 15 concerns, and find that these policies 47 CFR Part 27 continues to read as follows: will benefit many companies with fewer than 25 employees by providing Communications equipment, Radio, Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544A, and 549. unlicensed white space devices and Reporting and recordkeeping unlicensed wireless microphones with requirements. ■ 4. Section 15.37 is amended by adding access to spectrum in the television 47 CFR Part 74 paragraphs (i) and (j) to read as follows: broadcasting band and the 600 MHz Communications equipment, Radio, § 15.37 Transition provisions for band, while at the same time protecting compliance with the rules. licensed users from harmful Reporting and recordkeeping requirements. * * * * * interference. In addition, we have (i) Wireless microphones for which an described impacts that might affect 47 CFR Part 95 application for certification is filed small businesses, which includes most Communications equipment, Radio, beginning nine months after the release businesses with fewer than 25 of the Channel Reassignment PN, as employees, in the Final Regulatory Reporting and recordkeeping requirements. defined in § 73.3700(a)(2) of this Flexibility Analysis. chapter, or no later than December 26, Federal Communications Commission. 176. Congressional Review Act. The 2017, whichever occurs first, must Commission will send a copy of this Marlene H. Dortch, comply with the requirements of Memorandum Opinion and Order in a Secretary. § 15.236. Manufacturing and marketing report to Congress and the Government Final Rules of wireless microphones that would not Accountability Office pursuant to the comply with the rules for operation in Congressional Review Act, see 5 U.S.C. For the reasons discussed in the § 15.236 of this part must cease 18 801(a)(1)(A). preamble, the Federal Communications months after release of the Channel Commission amends 47 CFR parts 2, 15, Ordering Clauses Reassignment PN or no later than 27, 74, and 95 as follows: September 24, 2018, whichever occurs 177. Pursuant to sections 4(i), 302, PART 2—FREQUENCY ALLOCATIONS first. A wireless microphone that is 303(e), 303(f), and 307 of the certified to operate in any portion of the Communications Act of 1934, as AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 600 MHz service band as defined in amended, and sections 6403 and 6407 of § 15.236(a) may no longer be marketed the Middle Class Tax Relief and Job ■ or operated after the specified cutoff Creation Act of 2012, Public Law 112– 1. The authority citation for part 2 continues to read as follows: dates, even if it could be tuned to 96, 126 Stat. 156, 47 U.S.C. 154(i), 302, operate on frequencies outside of this 303(e), 303(f), 307, 1452, and 1454, this Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted. band. Report and Order is adopted. (j) White space devices for which a 178. Parts 2, 15, 27, 74 and 95 of the ■ 2. Section 2.106 is amended by certification application is filed Commission’s Rules, are amended, as revising footnote US246 to the table of beginning June 23, 2016, must comply set forth in the Final Rules. These allocations to read as follows: with the channel push requirements in revisions will be effective December 23, § 15.711(i) of this part. White space § 2.106 Table of Frequency Allocations. 2015 of this Report and Order, except devices that are imported or marketed for §§ 15.713(b)(2)(iv) through (v), * * * * * beginning September 23, 2016, must 15.713(j)(4), 15.713(j)(10), 15.713(j)(11), US246 No station shall be authorized comply with this requirement. White 15.715(n), 15.715(o), 15.715(p), to transmit in the following bands: 73– space devices that do not comply with 15.715(q), 27.1320 and 95.1111(d) 74.6 MHz, 608–614 MHz, except for this requirement must cease operation which contain new or modified medical telemetry equipment 1 and no later than December 23, 2016. 2 information collection requirements that white space devices, 1400–1427 MHz, ■ 5. Section 15.38 is amended by require approval by the OMB under the 1660.5–1668.4 MHz, 2690–2700 MHz, redesignating paragraphs (e) through (g) PRA and will become effective after the 4990–5000 MHz, 10.68–10.7 GHz, as paragraphs (f) through (h) and by Commission publishes a notice 15.35–15.4 GHz, 23.6–24 GHz, 31.3– adding a new paragraph (e) to read as announcing such approval and the 31.8 GHz, 50.2–50.4 GHz, 52.6–54.25 follows: relevant effective date. GHz, 86–92 GHz, 100–102 GHz, 109.5– 179. The Commission’s Consumer and 111.8 GHz, 114.25–116 GHz, 148.5– § 15.38 Incorporation by reference. Governmental Affairs Bureau, Reference 151.5 GHz, 164–167 GHz, 182–185 GHz, * * * * * Information Center, shall send a copy of 190–191.8 GHz, 200–209 GHz, 226– (e) The following document is the Report and Order, including the 231.5 GHz, 250–252 GHz. available from the European Final Regulatory Flexibility Analysis, to 1 Medical telemetry equipment shall not Telecommunications Standards the Chief Counsel for Advocacy of the cause harmful interference to radio Institute, 650 Route des Lucioles, F– U.S. Small Business Administration. astronomy operations in the band 608–614 06921 Sophia Antipolis Cedex, France,

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or at http://www.etsi.org/deliver/etsi_en/ (2) 600 MHz duplex gap. An 11 end of the post-auction transition period 300400_300499/30042201/01.04.02_60/ megahertz guard band that separates as defined in § 27.4 of this chapter. en_30042201v010402p.pdf. part 27 600 MHz service uplink and Operation must cease immediately if (1) ETSI EN 300 422–1 V1.4.2 (2011– downlink frequencies, in accordance harmful interference occurs to a 600 08): ‘‘Electromagnetic compatibility and with the terms and conditions MHz service licensee. Radio spectrum Matters (ERM); Wireless established in GN Docket No. 12–268, (3) The upper six megahertz segment microphones in the 25 MHz to 3 GHz pursuant to section 6403 of the of the 600 MHz duplex gap. frequency range; Part 1: Technical Spectrum Act. (4) The 600 MHz guard band between characteristics and methods of (3) 600 MHz guard bands. Designated television and 600 MHz service measurement,’’ Copyright 2011, IBR frequency bands that prevent downlink services, excluding the upper approved for § 15.236(g). interference between licensed services one megahertz segment. (2) [Reserved] in the 600 MHz service band and either ■ 6. Section 15.205 is amended by the television bands or channel 37, in (5) The 600 MHz guard bands adding paragraph (d)(10) to read as accordance with the terms and adjacent to channel 37, excluding the follows: conditions established in GN Docket No. one megahertz segments furthest from 12–268, pursuant to section 6403 of the channel 37. § 15.205 Restricted bands of operation. Spectrum Act. (6) Prior to operation in the * * * * * (4) 600 MHz service band. frequencies identified in paragraphs (d) * * * Frequencies that will be reallocated and (c)(2) through (5) of this section, (10) White space devices operating assigned for 600 MHz services pursuant wireless microphone users shall rely on under subpart H of this part are exempt to part 27, in accordance with the terms the white space databases in part 15, from complying with the requirements and conditions established in GN Subpart H to determine that their of this section for the 608–614 MHz Docket No. 12–268, pursuant to section intended operating frequencies are band. 6403 of the Spectrum Act. available for unlicensed wireless * * * * * microphone operation at the location ■ 7. Add § 15.236 to read as follows: Note to paragraphs (a)(2), (3) and (4): The specific frequencies will be determined in where they will be used. Wireless § 15.236 Operation of wireless light of further proceedings pursuant to GN microphone users must register with microphones in the bands 54–72 MHz, 76– Docket No. 12–268 and the rules will be and check a white space database to 88 MHz, 174–216 MHz, 470–608 MHz and updated accordingly pursuant to a future determine available channels prior to 614–698 MHz. public notice. beginning operation at a given location. (a) Definitions. The following (5) Spectrum Act. Title VI of the A user must re-check the database for definitions apply in this section. Middle Class Tax Relief and Job available channels if it moves to another (1) Wireless Microphone. An Creation Act of 2012 (Pub. L. 112–96). location. intentional radiator that converts sound (b) Operation under this section is (d) The maximum radiated power into electrical audio signals that are limited to wireless microphones as shall not exceed the following values: transmitted using radio signals to a defined in this section. (1) In the bands allocated and receiver which converts the radio (c) Operation is permitted in the assigned for broadcast television and in signals back into audio signals that are following frequency bands. the 600 MHz service band: 50 mW EIRP sent through a sound recording or (1) Channels allocated and assigned amplifying system. Wireless for the broadcast television service. The (2) In the 600 MHz guard bands microphones may be used for cue and highest channel available will depend including the duplex gap: 20 mW EIRP control communications and on the outcome of the incentive auction. (e) Operation is limited to locations synchronization of TV camera signals as (2) Frequencies in the 600 MHz separated from licensed services by the defined in § 74.801 of this chapter. service band on which a 600 MHz following distances. Wireless microphones do not include service licensee has not commenced (1) Four kilometers outside the auditory assistance devices as defined operations. Operation on these following protected service contours of in § 15.3(a) of this part. frequencies must cease no later than the co-channel TV stations.

Protected contour Type of station Contour Propagation Channel (dBu) curve

Analog: Class A TV, LPTV, translator and booster ...... Low VHF (2–6) ...... 47 F(50,50) High VHF (7–13) ...... 56 F(50,50) UHF (14–51) ...... 64 F(50,50) Digital: Full service TV, Class A TV, LPTV, translator and booster ...... Low VHF (2–6) ...... 28 F(50,90) High VHF (7–13) ...... 36 F(50,90) UHF (14–51) ...... 41 F(50,90)

(2) The following distances outside of the area where a 600 MHz service licensee has commenced operation.

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Separation distance in kilometers Type of station Adjacent Co-channel channel

Base ...... 7 0.2 Mobile ...... 35 31

(f) The operating frequency within a available TV channels in the broadcast the fixed or Mode II device that permissible band of operation as television frequency bands, the 600 provided the list of available channels defined in paragraph (c) must comply MHz band (including the guard bands on which it operates. A fixed or Mode with the following requirements. and duplex gap), and in 608–614 MHz II device shall provide the information (1) The frequency selection shall be (channel 37). needed by a Mode I device to decode offset from the upper or lower band the contact verification signal at the limits by 25 kHz or an integral multiple § 15.703 Definitions. same time it provides the list of thereof. (a) 600 MHz duplex gap. An 11 available channels. (2) One or more adjacent 25 kHz megahertz frequency band that separates (f) Fixed device. A white space device segments within the assignable part 27 600 MHz service uplink and that transmits and/or receives frequencies may be combined to form a downlink frequencies, in accordance radiocommunication signals at a channel whose maximum bandwidth with the terms and conditions specified fixed location. A fixed device shall not exceed 200 kHz. The operating established in GN Docket No. 12–268, may select channels for operation from bandwidth shall not exceed 200 kHz. pursuant to section 6403 of the a list of available channels provided by (3) The frequency tolerance of the Spectrum Act. a white space database, and initiate and carrier signal shall be maintained within (b) 600 MHz guard bands. Designated operate a network by sending enabling ±0.005% of the operating frequency over frequency bands that prevent signals to one or more fixed devices a temperature variation of ¥20 degrees interference between licensed services and/or personal/portable devices. Fixed to +50 degrees C at normal supply in the 600 MHz service band and either devices may provide to a Mode I voltage, and for a variation in the the television bands or channel 37, in personal/portable device a list of primary supply voltage from 85% to accordance with the terms and available channels on which the Mode 115% of the rated supply voltage at a conditions established in GN Docket No. I device may operate, including temperature of 20 degrees C. Battery 12–268, pursuant to section 6403 of the channels on which the Mode I device operated equipment shall be tested Spectrum Act. but not the fixed device may operate. using a new battery. (c) 600 MHz service band. (g) Geo-location capability. The (g) Emissions within the band from Frequencies that will be reallocated and capability of a white space device to one megahertz below to one megahertz assigned for 600 MHz band services determine its geographic coordinates above the carrier frequency shall pursuant to part 27, in accordance with and geo-location uncertainty. This comply with the emission mask in the terms and conditions established in capability is used with a white space Section 8.3 of ETSI EN 300 422–1 V1.4.2 GN Docket No. 12–268, pursuant to database approved by the FCC to (2011–08) (incorporated by reference, section 6403 of the Spectrum Act. determine the availability of spectrum at see § 15.38). Emissions outside this Note to paragraphs (a), (b) and (c): The a white space device’s location. band shall comply with the limit specific frequencies will be determined in (h) Less congested area. Geographic specified at the edges of the ETSI mask. light of further proceedings pursuant to GN areas where at least half of the TV ■ Docket No. 12–268 and the rules will be channels for the bands that will 8. Subpart H is revised to read as updated accordingly pursuant to a future follows: continue to be allocated and assigned public notice. only for broadcast service are unused for Subpart H—White Space Devices (d) Available channel. A channel broadcast and other protected services which is not being used by an and available for white space device Sec. authorized service and is acceptable for use. Less congested areas in the UHF TV 15.701 Scope. use by the device at its geographic band are also considered to be less 15.703 Definitions. 15.705 Cross reference. location under the provisions of this congested areas in the 600 MHz service 15.706 Information to the user. subpart. band. 15.707 Permissible channels of operation. (e) Contact verification signal. An (i) Mode I personal/portable device. A 15.709 General technical requirements. encoded signal broadcast by a fixed or personal/portable white space device 15.711 Interference avoidance methods. Mode II device for reception by Mode I that does not use an internal geo- 15.712 Interference protection devices to which the fixed or Mode II location capability and access to a white requirements. device has provided a list of available space database to obtain a list of 15.713 White space database. channels for operation. Such signal is available channels. A Mode I device 15.714 White space database administration for the purpose of establishing that the must obtain a list of available channels fees. Mode I device is still within the on which it may operate from either a 15.715 White space database administrator. 15.717 White space devices that rely on reception range of the fixed or Mode II fixed white space device or Mode II spectrum sensing. device for purposes of validating the list personal/portable white space device. A of available channels used by the Mode Mode I device may not initiate a § 15.701 Scope. I device and shall be encoded to ensure network of fixed and/or personal/ This subpart sets forth the regulations that the signal originates from the portable white space devices nor may it for unlicensed white space devices. device that provided the list of available provide a list of available channels to These devices are unlicensed channels. A Mode I device may respond another Mode I device for operation by intentional radiators that operate on only to a contact verification signal from such device.

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(j) Mode II personal/portable device. Expanding the Economic and required by this section may be A personal/portable device that uses an Innovation Opportunities of Spectrum included in the manual in that internal geo-location capability and Through Incentive Auctions, Report and alternative form, provided the user can access to a white space database, either Order, GN Docket No. 12–268 (FCC 14– reasonably be expected to have the through a direct connection to the 50) (rel. June 2, 2014). Channels 2–13 capability to access information in that Internet or through an indirect are in the VHF band, and channel 14– form. connection to the Internet by way of 51 are in the UHF band. fixed device or another Mode II device, (s) White space database. A database § 15.707 Permissible channels of to obtain a list of available channels. A system approved by the Commission operation. Mode II device may select a channel that maintains records on authorized (a)(1) All white space devices are itself and initiate and operate as part of services and provides lists of available permitted to operate on available a network of white space devices, channels to white space devices and channels in the frequency bands 470– transmitting to and receiving from one unlicensed wireless microphone users. 698 MHz (TV channels 14–51), subject or more fixed devices or personal/ to the interference protection portable devices. A Mode II personal/ § 15.705 Cross reference. requirements in §§ 15.711 and 15.712, portable device may provide its list of (a) The provisions of subparts A, B, except as provided in paragraph (a)(2) of available channels to a Mode I personal/ and C of this part apply to white space this section. portable device for operation on by the devices, except where specific (2) White space devices are not Mode I device. provisions are contained in this subpart. permitted to operate on the first channel (k) Network initiation. The process by (b) The requirements of this subpart above and below TV channel 37 (608– which a fixed or Mode II white space apply only to the radio transmitter 614 MHz) that are available (i.e., not device sends control signals to one or contained in the white space device. occupied by an authorized service) until more fixed white space devices or Other aspects of the operation of a white June 23, 2017, but no later than release personal/portable white space devices space device may be subject to of the Channel Reassignment Public and allows them to begin requirements contained elsewhere in Notice upon completion of the communications. this chapter. In particular, a white space broadcast television spectrum incentive (l) Operating channel. An available device that includes a receiver that auction, as defined in § 73.3700(a) of channel used by a white space device tunes within the frequency range this chapter. If a channel is not available for transmission and/or reception. specified in § 15.101(b) and contains both above and below channel 37, (m) Personal/portable device. A white digital circuitry not directly associated operation is prohibited on the first two space device that transmits and/or with the radio transmitter is also subject channels nearest to channel 37. These receives radiocommunication signals on to the requirements for unintentional channels will be identified and available channels at unspecified radiators in subpart B. protected in the white space database(s). locations that may change. (3) 600 MHz guard band. In the 600 (n) Receive site. The location where § 15.706 Information to the user. (a) In addition to the labeling MHz guard band between television and the signal of a full service television 600 MHz service downlink bands, white station is received for rebroadcast by a requirements contained in § 15.19, the instructions furnished to the user of a space devices may only operate television translator or low power TV immediately adjacent to the television station, including a Class A TV station, white space device shall include the following statement, placed in a band with a maximum bandwidth of 6 or for distribution by a Multiple Video megahertz. White space devices are Program Distributor (MVPD) as defined prominent location in the text of the manual: prohibited from operating in the three in 47 U.S.C. 602(13). megahertz segment adjacent to the 600 (o) Sensing only device. A personal/ This equipment has been tested and found MHz service band. portable white space device that uses to comply with the rules for white space spectrum sensing to determine a list of devices, pursuant to part 15 of the FCC rules. (4) 600 MHz duplex gap. In the 600 available channels. Sensing only These rules are designed to provide MHz duplex gap, white space devices devices may transmit on any available reasonable protection against harmful shall only operate in the 6 megahertz channels in the frequency bands 512– interference. This equipment generates, uses segment immediately adjacent to the and can radiate radio frequency energy and, 600 MHz service uplink band. 608 MHz (TV channels 21–36) and 614– if not installed and used in accordance with 698 MHz (TV channels 38–51). (5) 600 MHz service band. White the instructions, may cause harmful space devices may operate on (p) Spectrum Act. Title VI of the interference to radio communications. If this Middle Class Tax Relief and Job equipment does cause harmful interference frequencies in the 600 MHz service Creation Act of 2012 (Pub. L. 112–96). to radio or television reception, which can be band in areas where 600 MHz band (q) Spectrum sensing. A process determined by turning the equipment off and licensees have not commenced whereby a white space device monitors on, the user is encouraged to try to correct operations, as defined in part 27 of this a television channel to detect whether the interference by one or more of the chapter. the channel is occupied by a radio following measures: (6) Channel 37 guard band. White (1) Reorient or relocate the receiving space devices are not permitted to signal or signals from authorized antenna. services. (2) Increase the separation between the operate in either three megahertz (r) Television bands. The portions of equipment and receiver. segment above or below channel 37 if the broadcast television frequency (3) Connect the equipment into an outlet that spectrum is adjacent to the 600 bands at 54–72 MHz (TV channels 2–4), on a circuit different from that to which the MHz service band. 76–88 MHz (TV channels 5–6), 174–216 receiver is connected. (b) Only fixed white space devices MHz (TV channels 7–13), 470–608 MHz (4) Consult the manufacturer, dealer or an that communicate only with other fixed (channels 14–36) and 614–698 MHz experienced radio/TV technician for help. white space devices may operate on (channels 38–51) that will be allocated (b) In cases where the manual is available channels in the bands 54–72 and assigned to broadcast television provided only in a form other than MHz (TV channels 2–4), 76–88 MHz licensees consistent with the outcome of paper, such as on a computer disk or (TV channels 5 and 6), and 174–216 the auction conducted pursuant to over the Internet, the information MHz (TV channels 7–13), subject to the

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interference protection requirements in (2) TV bands and 600 MHz service (4) 600 MHz duplex gap and guard §§ 15.711 and 15.712. band. (i) Fixed devices: Up to 4 W (36 bands. Up to 40 mW (16 dBm) EIRP. dBm) EIRP, and up to 10 W (40 dBm) (b) Technical limits—(1) Fixed white § 15.709 General technical requirements. EIRP in less congested areas in the TV space devices. (i) Technical limits for (a) Radiated power limits. The bands and 600 MHz service band at fixed white space devices are shown in maximum white space device EIRP per locations where they meet the co- the table and subject to the requirements 6 MHz shall not exceed the limits of channel and adjacent channel of this section. paragraphs (a)(2) through (4) of this separation distances of §§ 15.712(a)(2) (ii) For operation at EIRP levels of 36 section. and 15.712(i) of this part, respectively. dBm (4000 mW) or less, fixed white (1) General requirements. (i) White Operation in the 602–620 MHz band is space devices may operate at EIRP space devices may be required to limited to a maximum of 4 W (36 dBm) levels between the values shown in the operate with less power than the EIRP. table provided that the conducted maximum permitted to meet the co- (ii) Personal/Portable devices: Up to power and the conducted power channel and adjacent channel 100 mW (20 dBm) EIRP. spectral density (PSD) limits are linearly separation requirements of § 15.712 of interpolated between the values shown this part. (3) 608–614 MHz band (channel 37). and the adjacent channel emission limit (ii) Mode I personal/portable devices (i) Fixed devices: Up to 4 W (36 dBm) of the higher value shown in the table are limited to 40 mW, if the white space EIRP. is met. Operation at EIRP levels above device that controls it is limited to 40 (ii) Personal/Portable devices: Up to 36 dBm (4000 mW) shall follow the mW. 100 mW (20 dBm) EIRP. requirements for 40 dBm (10,000 mW).

Conducted Conducted power limit 1 Conducted PSD limit adjacent channel EIRP (6 MHz) (6 MHz) (100 kHz) emission limit (100 kHz)

16 dBm (40 mW) ...... 10 dBm (10 mW) ...... ¥7.4 dBm ¥62.8 dBm 20 dBm (100 mW) ...... 14 dBm (25 mW) ...... ¥3.4 dBm ¥58.8 dBm 24 dBm (250 mW) ...... 18 dBm (63 mW) ...... 0.6 dBm ¥54.8 dBm 28 dBm (625 mW) ...... 22 dBm (158 mW) ...... 4.6 dBm ¥50.8 dBm 32 dBm (1600 mW) ...... 26 dBm (400 mW) ...... 8.6 dBm ¥46.8 dBm 36 dBm (4000 mW) ...... 30 dBm (1000 mW) ...... 12.6 dBm ¥42.8 dBm 40 dBm (10000 mW) ...... 30 dBm (1000 mW) ...... 12.6 dBm ¥42.8 dBm 1 The conducted power spectral density from a fixed white space device shall not be greater than the values shown in the table when meas- ured in any 100 kHz band during any time interval of continuous transmission, except that a 40 mW fixed white space device operating in a four megahertz channel within a seven megahertz guard band must comply with a conducted power spectral density limit of ¥5.4 dBm.

(2) Personal/Portable white space in the table and subject to the devices. Technical limits for personal/ requirements of this section. portable white space devices are shown

Radiated PSD Radiated adjacent EIRP 1 channel emission (6 MHz) limit EIRP limit EIRP (100 kHz) (100 kHz)

16 dBm (40 mW) ...... ¥1.4 dBm ¥56.8 dBm 20 dBm (100 mW) ...... 2.6 dBm ¥52.8 dBm 1 The radiated power spectral density from a personal/portable white space device shall not be greater than the values shown in the table when measured in any 100 kHz band during any time interval of continuous transmission, except that a 40 mW white space device operating in a four megahertz channel within a seven megahertz guard band must comply with a radiated power spectral density limit of 0.6 dBm.

(3) Sensing-only devices. Sensing-only on a maximum transmitting antenna greater than 10 dBi are used, the white space devices are limited to 17 gain of 6 dBi. If transmitting antennas of maximum conducted output power dBm (50 mW) EIRP and are subject to directional gain greater than 6 dBi are shall be reduced by the amount in dB the requirements of this paragraph and used, the maximum conducted output that the directional gain of the antenna of § 15.717 of this part. power shall be reduced by the amount exceeds 10 dBi. (i) Radiated PSD limit: ¥0.4 dBm in dB that the directional gain of the (3) Maximum conducted output EIRP. antenna exceeds 6 dBi. power is the total transmit power over (ii) Adjacent channel emission limit: (2) The conducted power, PSD and the occupied bandwidth delivered to all ¥55.8 dBm EIRP. adjacent channel limits for fixed white antennas and antenna elements (c) Conducted power limits. (1) The space devices operating at greater than averaged across all symbols in the conducted power, PSD and adjacent 36 dBm (4000 milliwatts) EIRP shown signaling alphabet when the transmitter channel limits for fixed white space in the table in paragraph (b)(1) of this is operating at its maximum power devices operating at up to 36 dBm (4000 section are based on a maximum level. Power must be summed across all milliwatts) EIRP shown in the table in transmitting antenna gain of 10 dBi. If antennas and antenna elements. The paragraph (b)(1) of this section are based transmitting antennas of directional gain average must not include any time

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intervals during which the transmitter is average terrain is more than 250 meters. broadcast auxiliary service links; private off or is transmitting at a reduced power The HAAT is to be calculated by the land mobile service/commercial radio level. If multiple modes of operation are white space database using the service (PLMRS/CMRS) operations; possible (e.g., alternative modulation methodology in § 73.684(d) of this offshore radiotelephone service; low methods), the maximum conducted chapter. power auxiliary services authorized output power is the highest total (2) Personal/portable white space pursuant to §§ 74.801 through 74.882 of transmit power occurring in any mode. devices. Personal/portable devices shall this chapter, including licensed wireless (4) White space devices connected to have permanently attached transmit and microphones; MVPD receive sites; the AC power line are required to receive antenna(s). wireless medical telemetry service comply with the conducted limits set (3) Sensing-only white space devices (WMTS); radio astronomy service forth in § 15.207. operating under the provisions of (RAS); 600 MHz service band licensees (d) Emission limits. (1) The adjacent § 15.717 of this subpart. (i) The where they have commenced channel emission limits shown in the provisions of § 15.204(c)(4) do not apply operations; and unlicensed wireless tables in paragraphs (b)(1) and (2) of this to an antenna used for transmission and microphones used by venues of large section apply in the six megahertz reception/spectrum sensing. events and productions/shows as channel immediately adjacent to each (ii) Compliance testing for white provided under § 15.713(j)(9). In white space channel or group of space devices that incorporate a addition, protection shall be provided in contiguous white space channels in separate sensing antenna shall be border areas near Canada and Mexico in which the white space device is performed using the lowest gain accordance with § 15.712(g). operating. antenna for each type of antenna to be (b) Geo-location requirement—(1) (2) At frequencies beyond the six certified. Accuracy. Fixed white space devices megahertz channel immediately (h) Compliance with radio frequency that incorporate a geo-location adjacent to each white space channel or exposure requirements—(1) Fixed white capability and Mode II devices shall group of contiguous white space space devices. To ensure compliance determine their location and their geo- channels in which the white space with the Commission’s radio frequency location uncertainty (in meters), with a device is operating the white space exposure requirements in §§ 1.1307(b), confidence level of 95%. device shall meet the requirements of 2.1091 and 2.1093 of this chapter, fixed (2) Reference datum. All geographic § 15.209. white space devices shall be coordinates shall be referenced to the (3) Emission measurements in the accompanied by instructions on North American Datum of 1983 (NAD adjacent bands shall be performed using measures to take to ensure that persons 83). a minimum resolution bandwidth of 100 maintain a distance of at least 40 cm (c) Requirements for fixed white space kHz with an average detector. A from the device, as well as any devices. (1) The geographic coordinates narrower resolution bandwidth may be necessary hardware that may be needed and antenna height above ground level employed near the band edge, when to implement that protection. These of a fixed white space device shall be necessary, provided the measured instructions shall be submitted with the determined at the time of installation energy is integrated to show the total application for certification. and first activation from a power-off power over 100 kHz. (2) Personal/portable white space condition by either an incorporated geo- (e) Transmit power control. White devices. Personal/portable white space location capability or a professional space devices shall incorporate transmit devices that meet the definition of installer. This information may be power control to limit their operating portable devices under § 2.1093 of this stored internally in the white space power to the minimum necessary for chapter and that operate with a source- device. In the case of professional successful communication. Applicants based time-averaged output of less than installation, the party who registers the for equipment certification shall include 20 mW will not be subject to routine fixed white space device in the database a description of the device’s transmit evaluation for compliance with the will be responsible for assuring the power control feature mechanism. radio frequency exposure guidelines in accuracy of the entered coordinates and (f) Security. White space devices shall §§ 1.1307(b), 2.1091, and 2.1093 of this antenna height. If a fixed white space incorporate adequate security measures chapter, while devices that operate with device is moved to another location or to prevent the devices from accessing a source-based time-average output if its stored coordinates become altered, databases not approved by the FCC and power greater than 20 mW will be the operator shall re-establish the to ensure that unauthorized parties subject to the routine evaluation device’s: cannot modify the device or configure requirements. (i) Geographic location and antenna its control features to operate in a height above ground level and store this manner inconsistent with the rules and § 15.711 Interference avoidance methods. information in the white space device protection criteria set forth in this Except as provided in § 15.717 of this either by means of the device’s subpart. part, channel availability for a white incorporated geo-location capability or (g) Antenna requirements—(1) Fixed space device is determined based on the through the services of a professional white space devices—(i) Above ground geo-location and database access installer; and level. The transmit antenna height shall method described in paragraphs (a) (ii) Registration with the database not exceed 30 meters above ground through (e) of this section. based on the device’s new coordinates level, except that the antenna height (a) Geo-location required. White space and antenna height above ground level. may not exceed 10 meters above ground devices shall rely on a geo-location (2)(i) Each fixed white space device level for fixed white space devices capability and database access must access a white space database over operating in the TV bands or guard band mechanism to protect the following the Internet to determine the available at 40 mW EIRP or less or operating authorized service in accordance with channels and the corresponding across multiple contiguous TV channels the interference protection requirements maximum permitted power for each at 100 mW EIRP or less. of § 15.712: digital television stations, available channel that is available at its (ii) Height above average terrain digital and analog Class A, low power, geographic coordinates, taking into (HAAT). The transmit antenna shall not translator and booster stations; consideration the fixed device’s antenna be located where the height above translator receive operations; fixed height above ground level and geo-

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location uncertainty, prior to its initial location. The device must access the (3) A fixed device may provide a list service transmission at a given location. database for an updated available of available channels to a Mode I device (ii) Operation is permitted only on channel list if its location changes by only if the fixed device HAAT as channels and at power levels that are more than 100 meters from the location verified by the white space database indicated in the database as being at which it last established its available does not exceed 106 meters. The fixed available for each white space device. channel list. device must provide a list of available Operation on a channel must cease (3) Operation is permitted only on channels to the Mode I device that is the immediately or power must be reduced channels and at power levels that are same as the list of channels available to to a permissible level if the database indicated in the database as being the fixed device, except that a Mode I indicates that the channel is no longer available for the Mode II personal/ device may operate only on those available at the current operating level. portable white space device. Operation channels that are permissible for its use (iii) Each fixed white space devices on a channel must cease immediately or under § 15.707 of this part. A fixed shall access the database at least once a power must be reduced to a permissible device may also obtain from a white day to verify that the operating channels level if the database indicates that the space database and provide to a Mode continue to remain available. Each fixed channel is no longer available at the I personal/portable white space device, white space device must adjust its use current operating level. a separate list of available channels that of channels in accordance with channel (4) A Mode II personal/portable white includes adjacent channels available to availability schedule information space device that has been in a powered a Mode I personal/portable white space provided by its database for the 48-hour state shall re-check its location and device, but not a fixed white space period beginning at the time the device access the database daily to verify that device. last accessed the database for a list of the operating channel(s) and (4) To initiate contact with a fixed or available channels. corresponding power levels continue to Mode II device, a Mode I device may (iv) Fixed devices without a direct be available. Mode II personal/portable transmit on an available channel used connection to the Internet: A fixed devices must adjust their use of by the fixed or Mode II white space white space device may not operate on channels and power levels in device or on a channel the fixed or channels provided by a white space accordance with channel availability Mode II white space device indicates is database for another fixed device. A schedule information provided by their available for use by a Mode I device. At fixed white space device that has not yet database for the 48-hour period least once every 60 seconds, except been initialized and registered with a beginning at the time of the device last when in sleep mode (i.e., a mode in white space database consistent with accessed the database for a list of which the device is inactive but is not § 15.713 of this part, but can receive the available channels. powered-down), a Mode I device must transmissions of another fixed white (5) A Mode II personal/portable either receive a contact verification space device, may transmit to that other device may load channel availability signal from the Mode II or fixed white fixed white space device on either a information for multiple locations, (i.e., space device that provided its current channel that the other white space in the vicinity of its current location) list of available channels or contact a device has transmitted on or on a and use that information to define a Mode II or fixed white space device to channel which the other white space geographic area within which it can re-verify/re-establish channel device indicates is available for use to operate on the same available channels availability. A Mode I device must cease access the database to register its at all locations. For example a Mode II operation immediately if it does not location and receive a list of channels personal/portable white space device receive a contact verification signal or is that are available for it to use. could calculate a bounded area in which not able to re-establish a list of available Subsequently, the newly registered a channel or channels are available at all channels through contact with a fixed or fixed white space device must only use locations within the area and operate on Mode II device on this schedule. If a the channels that the database indicates a mobile basis within that area. A Mode fixed or Mode II white space device are available for it to use. II white space device using such loses power and obtains a new channel (d) Requirements for Mode II channel availability information for list, it must signal all Mode I devices it personal/portable white space devices. multiple locations must contact the is serving to acquire and use a new (1) The geographic coordinates of a database again if/when it moves beyond channel list. Mode II personal/portable white space the boundary of the area where the (f) Display of available channels. A device shall be determined by an channel availability data is valid. white space device must incorporate the incorporated geo-location capability (e) Requirements for Mode I personal/ capability to display a list of identified prior to its initial service transmission at portable white space devices. (1) A available channels and its operating a given location and each time the Mode I personal/portable white space channels. device is activated from a power-off device may only transmit upon (g) Identifying information. Fixed condition to determine the available receiving a list of available channels white space devices shall transmit channels and the corresponding from a fixed or Mode II white space identifying information. The maximum permitted power for each device. A fixed or Mode II white space identification signal must conform to a available channel at its geographic device may provide a Mode I device standard established by a recognized coordinates, taking into consideration with a list of available channels only industry standards setting organization. the device’s geo-location uncertainty. after it contacts its database, provides The identification signal shall carry The location must be checked at least the database the FCC Identifier (FCC ID) sufficient information to identify the once every 60 seconds while in of the Mode I device requesting device and its geographic coordinates. operation, except while in sleep mode, available channels, and receives (h) Continuing operation. If a fixed or i.e., in a mode in which the device is verification that the FCC ID is valid for Mode II personal/portable white space inactive but is not powered-down. operation. device fails to successfully contact the (2) Each Mode II personal/portable (2) A Mode II device must provide a white space database during any given white space device must access a white list of channels to the Mode I device day, it may continue to operate until space database over the Internet to that is the same as the list of channels 11:59 p.m. of the following day at which obtain a list of available channels for its available to the Mode II device. time it must cease operations until it re-

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establishes contact with the white space administrators authorized by the or alteration of stored data. To provide database and re-verifies its list of Commission, and to ensure that this protection, the white space database available channels. communications between white space administrator shall establish (i) Push notifications. White space devices and databases are secure to communications authentication device manufacturers and database prevent corruption or unauthorized procedures that allow fixed and Mode II administrators must implement the interception of data. This requirement white space devices to be assured that push notification requirements of includes implementing security for the data they receive is from an paragraphs (i)(1) and (2) of this section, communications between Mode I authorized source. and may also implement a system that personal portable devices and fixed or (4) Applications for certification of pushes additional updated channel Mode II devices for purposes of white space devices shall include a high availability information from the providing lists of available channels. level operational description of the database to white space devices. This requirement applies to technologies and measures that are (1) In response to a request for communications of channel availability incorporated in the device to comply immediate access to a channel by a and other spectrum access information with the security requirements of this licensed wireless microphone user, between the databases and fixed and section. In addition, applications for white space database administrators are Mode II devices (it is not necessary for certification of fixed and Mode II white required to share the licensed white space devices to apply security space devices shall identify at least one microphone channel registration coding to channel availability and of the white space databases operated by information to all other white space channel access information where they a designated white space database database administrators within 10 are not the originating or terminating administrator that the device will access minutes of receiving each wireless device and that they simply pass for channel availability and affirm that microphone registration. through). the device will conform to the (2) White space database (2) Communications between a Mode communications security methods used administrators shall push updated I device and a fixed or Mode II device by that database. available channel lists to fixed and for purposes of obtaining a list of Mode II personal/portable white space available channels shall employ secure § 15.712 Interference protection devices within 20 minutes of receiving methods that ensure against corruption requirements. the notification required by paragraph or unauthorized modification of the The separation distances in this (i)(1) of this section. The information data. When a Mode I device makes a section apply to fixed and personal/ need only be pushed to white space request to a fixed or Mode II device for portable white space devices with a devices that are located within the a list of available channels, the receiving location accuracy of ±50 meters. These separation distances, specified in device shall check with the white space distances must be increased by the § 15.712(f) of this part, for each licensed database that the Mode I device has a amount that the location uncertainty of wireless microphone registration valid FCC Identifier before providing a a white space device exceeds ±50 received. list of available channels. Contact meters. (3) White space database verification signals transmitted for (a) Digital television stations, and administrators must update their Mode I devices are to be encoded with digital and analog Class A TV, low systems to comply with these encryption to secure the identity of the power TV, TV translator and TV booster requirements no later than December 23, transmitting device. Mode I devices stations—(1) Protected contour. White 2016. using contact verification signals shall space devices must protect digital and (j) Security. (1) White space devices accept as valid for authorization only analog TV services within the contours shall incorporate adequate security the signals of the device from which shown in the following table. These measures to ensure that they are capable they obtained their list of available contours are calculated using the of communicating for purposes of channels. methodology in § 73.684 of this chapter obtaining lists of available channels (3) A white space database shall be and the R–6602 curves contained in only with databases operated by protected from unauthorized data input § 73.699 of this chapter.

Protected contour Type of station Contour Propagation Channel (dBu) curve

Analog: Class A TV, LPTV, translator and booster ...... Low VHF (2–6) ...... 47 F(50,50) High VHF (7–13) ...... 56 F(50,50) UHF (14–69) ...... 64 F(50,50) Digital: Full service TV, Class A TV, LPTV, translator and booster ...... Low VHF (2–6) ...... 28 F(50,90) High VHF (7–13) ...... 36 F(50,90) UHF (14–51) ...... 41 F(50,90)

(2) Required separation distance. with the separation distances for the TV channels with at least 3 megahertz White space devices must be located higher power level. separation between the frequency band outside the contours indicated in (ii) White space devices operating at occupied by the white space device and paragraph (a)(1) of this section of co- 40 mW EIRP or less are not required to adjacent TV channels are not required to channel and adjacent channel stations meet the adjacent channel separation meet the adjacent channel separation by at least the minimum distances distances. distances. specified in the following tables. (iii) Fixed white space devices (iv) Fixed white space devices may (i) If a device operates between two operating at 100 mW EIRP or less per 6 only operate above 4 W EIRP in less defined power levels, it must comply megahertz across multiple contiguous

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congested areas as defined in § 15.703(h).

MODE II PERSONAL/PORTABLE WHITE SPACE DEVICES

Required separation in kilo- meters from co-channel digital or analog TV (full service or low power) protected contour 16 dBm 20 dBm (40 mW) (100 mW)

Communicating with Mode II or Fixed device ...... 1.3 1.7 Communicating with Mode I device ...... 2.6 3.4

FIXED WHITE SPACE DEVICES

Antenna height above Required separation in kilometers from co-channel digital or analog TV (full service or low power) protected contour * average terrain of unli- censed devices 16 dBm 20 dBm 24 dBm 28 dBm 32 dBm 36 dBm 40 dBm (meters) (40 mW) (100 mW) (250 mW) (625 mW) (1600 mW) (4 W) (10 W)

Less than 3 ...... 1.3 1.7 2.1 2.7 3.3 4.0 4.5 3–10 ...... 2.4 3.1 3.8 4.8 6.1 7.3 8.5 10–30 ...... 4.2 5.1 6.0 7.1 8.9 11.1 13.9 30–50 ...... 5.4 6.5 7.7 9.2 11.5 14.3 19.1 50–75 ...... 6.6 7.9 9.4 11.1 13.9 18.0 23.8 75–100 ...... 7.7 9.2 10.9 12.8 17.2 21.1 27.2 100–150 ...... 9.4 11.1 13.2 16.5 21.4 25.3 32.3 150–200 ...... 10.9 12.7 15.8 19.5 24.7 28.5 36.4 200–250 ...... 12.1 14.3 18.2 22.0 27.3 31.2 39.5 * When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified distances by 1.3 kilometers if the Mode I device operates at power levels no more than 40 mW EIRP or 1.7 kilometers if the Mode I de- vice operates at power levels above 40 mW EIRP.

PERSONAL/PORTABLE WHITE SPACE DEVICES

Required separation in kilo- meters from adjacent channel digital or analog TV (full serv- ice or low power) protected contour 20 dBm (100 mW)

Communicating with Mode II or Fixed device ...... 0.1 Communicating with Mode I device ...... 0.2

FIXED WHITE SPACE DEVICES

Required separation in kilometers from adjacent channel digital or analog TV (full service or low >* Antenna height above average terrain of power) protected contour unlicensed devices (meters) 20 dBm 24 dBm 28 dBm 32 dBm 36 dBm 40 dBm (100 mW) (250 mW) (625 mW) (1600 mW) (4 W) (10 W)

Less than 3 ...... 0.1 0.1 0.1 0.1 0.2 0.2 3–10 ...... 0.1 0.2 0.2 0.2 0.3 0.4 10–30 ...... 0.2 0.3 0.3 0.4 0.5 0.6 30–50 ...... 0.3 0.3 0.4 0.5 0.7 0.8 50–75 ...... 0.3 0.4 0.5 0.7 0.8 0.9 75–100 ...... 0.4 0.5 0.6 0.8 1.0 1.1 100–150 ...... 0.5 0.6 0.8 0.9 1.2 1.3 150–200 ...... 0.5 0.7 0.9 1.1 1.4 1.5 200–250 ...... 0.6 0.8 1.0 1.2 1.5 1.7 * When communicating with a Mode I personal/portable white space device that operates at power levels above 40 mW EIRP, the required separation distances must be increased beyond the specified distances by 0.1 kilometers.

(3) Fixed white space device antenna (b) TV translator, Low Power TV station and low power TV (including height. Fixed white space devices must (including Class A) and Multi-channel Class A) station receive sites located comply with the requirements of Video Programming Distributor (MVPD) outside the protected contour of the TV § 15.709(g) of this part. receive sites. (1) MVPD, TV translator station(s) being received may be

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registered in the white space database if within 8 km from the receive site for co- for co-channel operation and 20 km for they are no farther than 80 km outside channel operation and 2 km from the adjacent channel operation. the nearest edge of the relevant receive site for adjacent channel (2) Outside of the ±30 degree arc contour(s). Only channels received over operation. defined in paragraph (c)(1) of this (ii) White Space devices operating the air and used by the MVPD, TV section: translator station or low power/Class A with more than 4 watts EIRP may not TV station may be registered. operate within 10.2 km from the receive (i) White space devices operating at 4 (2) White space devices may not site for co-channel operation and 2.5 km watts EIRP or less may not operate operate within an arc of ±30 degrees from the receive site for adjacent within 8 km from the receive site for co- from a line between a registered receive channel operation. channel operation and 2 km from the site and the contour of the TV station (iii) For purposes of this section, a TV receive site for adjacent channel being received in the direction of the station being received may include a operation. station’s transmitter at a distance of up full power TV station, TV translator (ii) White Space devices operating to 80 km from the edge of the protected station or low power TV/Class A TV with more than 4 watts EIRP may not contour of the received TV station for station. operate within 10.2 km from the receive (c) Fixed Broadcast Auxiliary Service co-channel operation and up to 20 km site for co-channel operation and 2.5 km (BAS) links. (1) For permanent BAS from the registered receive site for from the receive site for adjacent receive sites appearing in the adjacent channel operation, except that channel operation. the protection distance shall not exceed Commission’s Universal Licensing the distance from the receive site to the System or temporary BAS receive sites (d) PLMRS/CMRS operations. (1) protected contour. registered in the white space database, White space devices may not operate at (3) Outside of the ±30 degree arc white space devices may not operate distances less than those specified in defined in paragraph (b)(2) of this within an arc of ±30 degrees from a line the table below from the coordinates of section: between the BAS receive site and its the metropolitan areas and on the (i) White space devices operating at 4 associated permanent transmitter within channels listed in § 90.303(a) of this watts EIRP or less may not operate a distance of 80 km from the receive site chapter.

Required separation in kilometers from areas specified in § 90.303(a) of this chapter White space device transmitter power Co-channel Adjacent channel operation operation

4 watts EIRP or less ...... 134 131 Greater than 4 watts EIRP ...... 136 131.5

(2) White space devices may not specified in the table below from waiver outside of the metropolitan areas operate at distances less than those PLMRS/CMRS operations authorized by listed in § 90.303(a) of this chapter.

Required separation in kilometers from areas specified in § 90.303(a) of this chapter White space device transmitter power Co-channel Adjacent channel operation operation

4 watts EIRP or less ...... 54 51 Greater than 4 watts EIRP ...... 56 51.5

(e) Offshore Radiotelephone Service. designated times they are used by low (h) Radio astronomy services. (1) White space devices may not operate on power auxiliary stations. Operation of fixed and personal/ channels used by the Offshore Radio (g) Border areas near Canada and portable white space devices is Service within the geographic areas Mexico: Fixed and personal/portable prohibited on all channels within 2.4 specified in § 74.709(e) of this chapter. white space devices shall comply with kilometers at the following locations. (f) Low power auxiliary services, the required separation distances in including wireless microphones. Fixed § 15.712(a)(2) from the protected (i) The Naval Radio Research white space devices are not permitted to contours of TV stations in Canada and Observatory in Sugar Grove, West operate within 1 km, and personal/ Mexico. White space devices are not Virginia at 38 30 58 N and 79 16 48 W. portable white space devices will not be required to comply with these (ii) The Table Mountain Radio permitted to operate within 400 meters, separation distances from portions of Receiving Zone (TMRZ) at 40 08 02 N of the coordinates of registered low the protected contours of Canadian or and 105 14 40 W. power auxiliary station sites on the Mexican TV stations that fall within the (iii) The following facilities: registered channels during the United States.

Latitude Longitude Observatory (deg/min/sec) (deg/min/sec)

Arecibo Observatory ...... 18 20 37 N 066 45 11 W Green Bank Telescope (GBT) ...... 38 25 59 N 079 50 23 W Very Long Baseline Array (VLBA) Stations:

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Latitude Longitude Observatory (deg/min/sec) (deg/min/sec)

Pie Town, NM ...... 34 18 04 N 108 07 09 W Kitt Peak, AZ ...... 31 57 23 N 111 36 45 W Los Alamos, NM ...... 35 46 30 N 106 14 44 W Ft. Davis, TX ...... 30 38 06 N 103 56 41 W N. Liberty, IA ...... 41 46 17 N 091 34 27 W Brewster, WA ...... 48 07 52 N 119 41 00 W Owens Valley, CA ...... 37 13 54 N 118 16 37 W St. Croix, VI ...... 17 45 24 N 064 35 01 W Hancock, NH ...... 42 56 01 N 071 59 12 W Mauna Kea, HI ...... 19 48 05 N 155 27 20 W

(2) Operation within the band 608– North latitude West longitude North latitude West longitude 614 MHz is prohibited within the areas (deg/min/sec) (deg/min/sec) (deg/min/sec) (deg/min/sec) defined by the following coordinates (all coordinates are NAD 83): 30 43 11.28 ...... 103 58 48.00 18 04 31.44 64 06 12.24 18 02 02.76 64 04 33.96 (i) Pie Town, NM (v) N. Liberty, IA 17 59 26.52 64 03 09.36 17 56 43.80 64 01 59.52 North latitude West longitude 17 53 56.04 64 01 04.80 (deg/min/sec) (deg/min/sec) North latitude West longitude (deg/min/sec) (deg/min/sec) 17 51 03.96 64 00 25.56 17 48 09.72 64 00 02.16 35 25 56.28 ...... 107 44 56.40 42 03 27.00 ...... 90 54 16.56 17 42 19.08 63 58 57.36 35 15 57.24 ...... 107 41 27.60 41 59 03.12 ...... 90 46 49.44 17 39 07.92 63 58 15.96 33 52 14.16 ...... 107 30 25.20 41 34 19.20 ...... 90 51 11.16 17 42 10.44 64 39 37.44 33 22 39.36 ...... 107 49 26.40 41 19 27.12 ...... 90 58 58.80 17 43 57.00 64 50 46.32 33 57 38.52 ...... 109 36 10.80 41 02 09.96 ...... 91 07 18.84 18 07 24.24 66 02 36.96 34 04 46.20 ...... 109 34 12.00 41 07 51.24 ...... 92 03 44.64 18 16 13.80 65 44 56.04 34 27 20.88 ...... 109 12 43.20 41 50 03.12 ...... 92 36 20.16 35 15 30.24 ...... 108 25 55.20 42 28 50.16 ...... 91 44 35.16 (ix) Hancock, NH

(ii) Kitt Peak, AZ (vi) Brewster, WA North latitude West longitude (deg/min/sec) (deg/min/sec) North latitude West longitude North latitude West longitude (deg/min/sec) (deg/min/sec) (deg/min/sec) (deg/min/sec) 44 08 59.64 71 32 01.68 43 46 24.60 71 18 57.60 34 08 18.24 ...... 111 36 46.80 48 18 00.36 119 35 27.60 42 58 41.88 71 15 14.04 33 54 10.08 ...... 109 38 20.40 48 16 40.08 119 34 51.60 42 29 25.08 71 52 51.96 32 09 25.56 ...... 113 42 03.60 48 15 20.52 119 34 33.60 42 34 05.88 72 07 08.76 31 29 15.72 ...... 111 33 43.20 48 12 26.64 119 34 08.40 42 34 41.52 72 09 41.76 33 20 36.60 ...... 113 36 14.40 48 07 51.96 119 34 33.60 42 55 47.28 72 55 03.72 34 09 20.52 ...... 112 34 37.20 48 06 44.64 119 34 48.00 47 58 44.40 119 36 03.60 (x) Mauna Kea, HI (iii) Los Alamos, NM 47 55 06.60 119 37 40.80 47 52 48.72 119 39 03.60 North latitude West longitude North latitude West longitude 48 00 49.68 119 59 06.00 (deg/min/sec) (deg/min/sec) (deg/min/sec) (deg/min/sec) 48 26 59.64 119 46 04.80 48 26 08.52 119 43 22.80 20 11 01.32 153 03 43.20 36 25 54.12 ...... 106 06 07.20 20 00 52.92 152 35 56.40 36 32 26.88 ...... 105 59 27.60 (vii) Owens Valley, CA 19 46 42.60 152 35 34.80 36 45 23.40 ...... 105 48 03.60 19 32 33.36 152 36 28.80 19 18 31.68 152 38 38.40 36 48 10.44 ...... 105 30 21.60 North latitude West longitude 36 13 37.92 ...... 105 26 38.40 (deg/min/sec) (deg/min/sec) 19 04 44.04 152 42 07.20 35 38 40.92 ...... 105 48 36.00 18 51 16.56 152 46 51.60 35 36 51.48 ...... 105 49 30.00 37 05 49.56 118 02 13.20 18 38 15.72 152 52 44.40 34 06 17.28 ...... 107 10 48.00 37 03 27.36 118 01 08.40 18 25 46.56 152 59 49.20 34 16 18.12 ...... 107 17 16.80 36 29 09.96 118 06 50.40 18 13 55.20 153 07 55.20 35 21 22.68 ...... 106 51 07.20 36 30 48.60 118 11 56.40 18 02 46.68 153 17 06.00 36 37 08.04 118 16 37.20 17 52 26.40 153 27 14.40 17 42 57.96 153 38 16.80 (iv) Ft. Davis, TX 37 25 12.72 118 41 16.80 37 27 30.24 118 41 02.40 17 35 20.04 153 50 45.60 37 44 45.96 118 39 03.60 17 27 52.20 154 03 10.80 North latitude West longitude 17 21 27.00 154 16 15.60 (deg/min/sec) (deg/min/sec) 37 59 49.92 118 32 09.60 37 46 12.72 118 20 09.60 17 16 08.40 154 29 49.20 17 11 57.84 154 43 51.60 30 42 16.92 ...... 103 55 22.80 17 08 57.48 154 58 08.40 30 35 49.92 ...... 103 41 52.80 (viii) St. Croix, VI 17 07 09.12 155 12 43.20 30 32 35.88 ...... 103 43 04.80 17 23 53.52 155 27 21.60 30 25 20.64 ...... 103 49 48.00 North latitude West longitude 19 29 13.92 155 36 21.60 30 24 30.24 ...... 103 52 30.00 (deg/min/sec) (deg/min/sec) 19 47 53.88 155 29 27.60 30 26 14.28 ...... 103 57 54.00 19 48 52.92 155 27 39.60 18 29 15.36 64 22 38.28 30 33 03.60 ...... 104 09 10.80 19 48 58.68 155 27 14.40 30 40 03.36 ...... 104 05 9.60 18 06 51.12 64 08 03.84

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(3) Operation within the band 608– radio facilities deployed by a part 27 space device and a five megahertz 614 MHz is prohibited within the 600 MHz Service Band licensee that has spectrum block used by a part 27 600 following areas: commenced operation. MHz band licensee, and adjacent (i) The National Radio Quiet Zone as (1) Fixed white space devices may channel means a frequency separation defined in § 1.924(a)(1) of this chapter. only operate above 4 W EIRP in less of zero to four megahertz between the (ii) The islands of Puerto Rico, congested areas as defined in edge of a channel used by a white space Desecheo, Mona, Vieques or Culebra § 15.703(h). device and the edge of a five megahertz (i) 600 MHz service band. Fixed and (2) If a device operates between two spectrum block used by a part 27 600 personal/portable devices operating in defined power levels, it must comply the 600 MHz Service Band must comply with the separation distances for the MHz band licensee. with the following co-channel and higher power level. (4) On frequencies used by wireless adjacent channel separation distances (3) For the purpose of this rule, co- uplink services: outside the defined polygonal area channel means any frequency overlap encompassing the base stations or other between a channel used by a white

MODE II PERSONAL/PORTABLE WHITE SPACE DEVICES

600 MHz band wireless uplink spectrum Minimum co-channel separation distances in kilo- meters between white space devices and any point along the edge of a polygon representing the outer edge of base station or other radio facility deployment 16 dBm (40 mW) 20 dBm (100 mW)

Communicating with Mode II or Fixed device ...... 5 6 Communicating with Mode I device ...... 10 12

FIXED WHITE SPACE DEVICES

600 MHz band wireless uplink spectrum Antenna height above Minimum co-channel separation distances in kilometers between white space devices and any point along the edge average terrain of unli- of a polygon representing the outer edge of base station or other radio facility deployment * censed devices (me- ters) 16 dBm 20 dBm 24 dBm 28 dBm 32 dBm 36 dBm 40 dBm (40mW) (100 mW) (250mW) (625 mW) (1600 mW) (4 W) (10 W)

Less than 3 ...... 5 6 7 9 12 15 19 3—10 ...... 9 11 14 17 22 27 34 10—30 ...... 15 19 24 30 38 47 60 30—50 ...... 20 24 31 38 49 60 60 50—75 ...... 24 30 37 47 60 60 60 75—100 ...... 27 34 43 54 60 60 60 100—150 ...... 33 42 53 60 60 60 60 150—200 ...... 39 49 60 60 60 60 60 200–250 ...... 43 54 60 60 60 60 60 *When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified distances by 5 kilometers if the Mode I device operates at power levels no more than 40 mW EIRP or 6 kilometers if the Mode I device operates at power levels above 40 mW EIRP.

PERSONAL/PORTABLE WHITE SPACE DEVICES

600 MHz band wireless uplink spectrum Minimum adjacent channel separa- tion distances in kilometers between white space devices and any point along the edge of a polygon rep- resenting the outer edge of base sta- tion or other radio facility deployment 20 dBm (100 mW)

Communicating with Mode II or Fixed device ...... 0.1 Communicating with Mode I device ...... 0.3

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FIXED WHITE SPACE DEVICES

600 MHz band wireless uplink spectrum Minimum adjacent channel separation distances in kilometers between white space devices and any Antenna height above average terrain of point along the edge of a polygon representing the outer edge of base station or other radio facility * unlicensed devices (meters) deployment 20 dBm 24 dBm 28 dBm 32 dBm 36 dBm 40 dBm (100 mW) (250mW) (625 mW) (1600 mW) (4 W) (10 W)

Less than 3 ...... 0.1 0.2 0.2 0.3 0.4 0.4 3–10 ...... 0.3 0.3 0.4 0.5 0.6 0.8 10–30 ...... 0.4 0.6 0.7 0.9 1.1 1.4 30–50 ...... 0.6 0.7 0.9 1.2 1.4 1.8 50–75 ...... 0.7 0.9 1.1 1.4 1.8 2.2 75–100 ...... 0.8 1.0 1.3 1.6 2.0 2.6 100–150 ...... 1.0 1.3 1.6 2.0 2.5 3.1 150–200 ...... 1.2 1.4 1.8 2.3 2.9 3.6 200–250 ...... 1.3 1.6 2.0 2.6 3.2 4.1 * When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified distances by 0.1 kilometers.

(5) On frequencies used by wireless (j) Wireless Medical Telemetry operate within an area defined by the downlink services: 35 kilometers for co- Service. (1) White space devices polygon described in § 15.713(j)(11) channel operation, and 31 kilometers for operating in the 608–614 MHz band plus the distances specified in the tables adjacent channel operation. (channel 37) are not permitted to below:

MODE II PERSONAL/PORTABLE WHITE SPACE DEVICES

Required co-channel separation distances in kilometers from WMTS sites 16 dBm (40 mW) 20 dBm (100 mW)

Communicating with Mode II or Fixed device ...... 0.38 0.48 Communicating with Mode I device ...... 0.76 0.96

FIXED WHITE SPACE DEVICES

Required co-channel separation distances in kilometers from WMTS sites * Antenna height above average terrain of unlicensed devices (meters) 16 dBm 20 dBm 24 dBm 28 dBm 32 dBm 36 dBm (40 mW) (100 mW) (250 mW) (625 mW) (1600 mW) (4 watts)

Less than 3 ...... 0.38 0.48 0.60 0.76 0.96 1.20 3–10 ...... 0.70 0.88 1.10 1.38 1.74 2.20 10–30 ...... 1.20 1.55 1.95 2.45 3.05 3.80 30–50 ...... 1.55 2.00 2.50 3.15 3.95 4.95 50–75 ...... 1.90 2.45 3.05 3.85 4.85 6.10 75–100 ...... 2.20 2.80 3.55 4.45 5.60 7.05 100–150 ...... 2.70 3.45 4.35 5.45 6.85 8.65 150–200 ...... 3.15 3.95 5.00 6.30 7.90 9.95 200–250 ...... 3.50 4.40 5.60 7.00 8.80 11.00 * When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified distances by 0.38 kilometers if the Mode I device operates at power levels no more than 40 mW EIRP, or 0.48 kilometers if the Mode I device operates at power levels above 40 mW EIRP.

(2) White space devices operating in permitted to operate within an area § 15.713(j)(11) plus the distances the 602–608 MHz band (channel 36) and defined by the polygon described in specified in the tables below: 614–620 MHz band (channel 38) are not

MODE II PERSONAL/PORTABLE WHITE SPACE DEVICES

Required adjacent channel separation distances in meters from WMTS sites 16 dBm (40 mW) 20 dBm (100 mW)

Communicating with Mode II or Fixed device ...... 8 13 Communicating with Mode I device ...... 16 26

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FIXED WHITE SPACE DEVICES

Required adjacent channel separation distances in meters from WMTS sites * 20 dBm 24 dBm 28 dBm 32 dBm 36 dBm 16 dBm (40 mW) (100 mW) (250 mW) (625 mW) (1600 mW) (4 watts)

8 ...... 13 20 32 50 71 * When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified distances by 8 meters if the Mode I device operates at power levels no more than 40 mW EIRP, or 13 meters if the Mode I device op- erates at power levels above 40 mW EIRP.

(k) 488–494 MHz band in Hawaii. duplex gap, and the 600 MHz service (v) Locations of health care facilities White space devices are not permitted band. Available channels are that use WMTS equipment operating on to operate in the 488–494 MHz band in determined based on the interference channel 37 (608–614 MHz). Hawaii. protection requirements in § 15.236. (c) Restrictions on registration. (1) (3) To register the identification Television translator, low power TV and § 15.713 White space database. information and location of fixed white Class A station receive sites within the (a) Purpose. The white space database space devices and unlicensed wireless protected contour of the station being serves the following functions: microphone users. received are not eligible for registration (1) To determine and provide to a (4) To register protected locations and in the database. white space device, upon request, the channels as specified in paragraph (b)(2) (2) MVPD receive sites within the available channels at the white space of this section, that are not otherwise protected contour or more than 80 device’s location in the TV bands, the recorded in Commission licensing kilometers from the nearest edge of the 600 MHz guard bands, the 600 MHz databases. protected contour of a television station duplex gap, the 600 MHz service band, (b) Information in the white space and channel 37. Available channels are being received are not eligible to register database. (1) Facilities already recorded that station’s channel in the database. determined based on the interference in Commission databases. Identifying (d) Determination of available protection requirements in § 15.712. A and location information will come channels. The white space database will database must provide fixed and Mode from the official Commission database. determine the available channels at a II personal portable white space devices These services include: with channel availability information (i) Digital television stations. location using the interference that includes scheduled changes in (ii) Class A television stations. protection requirements of § 15.712, the channel availability over the course of (iii) Low power television stations. location information supplied by a the 48 hour period beginning at the time (iv) Television translator and booster white space device, and the data for the white space devices make a re-check stations. protected stations/locations in the contact. In making lists of available (v) Broadcast Auxiliary Service database. channels available to a white space stations (including receive only sites), (e) White space device initialization. device, the white space database shall except low power auxiliary stations. (1) Fixed and Mode II white space ensure that all communications and (vi) Private land mobile radio service devices must provide their location and interactions between the white space stations. required identifying information to the database and the white space device (vii) Commercial mobile radio service white space database in accordance include adequate security measures stations. with the provisions of this subpart. such that unauthorized parties cannot (viii) Offshore radiotelephone service (2) Fixed and Mode II white space access or alter the white space database stations. devices shall not transmit unless they (ix) Class A television station receive or the list of available channels sent to receive, from the white space database, sites. a list of available channels and may white space devices or otherwise affect (x) Low power television station the database system or white space only transmit on the available channels receive sites. on the list provided by the database. devices in performing their intended (xi) Television translator station (3) Fixed white space devices register functions or in providing adequate receive sites. interference protections to authorized (2) Facilities that are not recorded in and receive a list of available channels services operating in the TV bands. In Commission databases. Identifying and from the database by connecting to the addition, a white space database must location information will be entered Internet, either directly or through also verify that the FCC identifier (FCC into the white space database in another fixed white space device that ID) of a device seeking access to its accordance with the procedures has a direct connection to the Internet. services is valid; under this requirement established by the white space database (4) Mode II white space devices the white space database must also administrator(s). These include: receive a list of available channels from verify that the FCC ID of a Mode I (i) MVPD receive sites. the database by connecting to the device provided by a fixed or Mode II (ii) Sites where low power auxiliary Internet, either directly or through a device is valid. A list of devices with stations, including wireless fixed or Mode II white space device that valid FCC IDs and the FCC IDs of those microphones and wireless assist video has a direct connection to the Internet. devices is to be obtained from the devices, are used and their schedule for (5) A fixed or Mode II white space Commission’s Equipment Authorization operation. device that provides a list of available System. (iii) Fixed white space device channels to a Mode I device shall notify (2) To determine and provide to an registrations. the database of the FCC identifier of unlicensed wireless microphone user, (iv) 600 MHz service band operations such Mode I device and receive upon request, the available channels at in areas where the part 27 600 MHz verification that that FCC identifier is the microphone user’s location in the service licensee has commenced valid before providing the list of 600 MHz guard bands, the 600 MHz operations. available channels to the Mode I device.

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(6) A fixed device with an antenna operation and include the following from the geographic centers of the 13 height above ground that exceeds 30 information: metropolitan areas defined in meters or an antenna height above (1) Name of the individual or business § 90.303(a) of this chapter (e.g., in average terrain (HAAT) that exceeds 250 that owns the unlicensed wireless accordance with a waiver). meters shall not be provided a list of microphone (i) Transmitter location (latitude and available channels. The HAAT is to be (2) Address for the contact person longitude in NAD 83) or geographic area calculated using computational software (3) Email address for the contact of operations. employing the methodology in person (ii) TV channel of operation. § 73.684(d) of this chapter. (4) Phone number for the contact (iii) Call sign. (f) Unlicensed wireless microphone person; and (5) Offshore Radiotelephone Service: database access. Unlicensed wireless (5) Coordinates where the device will For each of the four regions where the microphone users in the 600 MHz band be used (latitude and longitude in NAD Offshore Radiotelephone Service may register with and access the 83). operates. (j) White space database information. database manually via a separate (i) Geographic boundaries of the The white space database shall contain Internet connection. Wireless region (latitude and longitude in NAD the listed information for each of the microphone users must register with 83 for each point defining the boundary following: and check a white space database to of the region. (1) Digital television stations, digital (ii) Channel(s) used by the service in determine available channels prior to and analog Class A, low power, beginning operation at a given location. that region. translator and booster stations, (6) MVPD receive sites: Registration A user must re-check the database for including stations in Canada and available channels if it moves to another for receive sites is limited to channels Mexico that are within the border that are received over-the-air and are location. coordination areas as specified in (g) Fixed white space device used as part of the MVPD service. § 73.1650 of this chapter (a white space (i) Name and address of MVPD registration. (1) Prior to operating for the database is to include only TV station first time or after changing location, a company; information from station license or (ii) Location of the MVPD receive site fixed white space device must register license application records. In cases (latitude and longitude in NAD 83, with the white space database by where a station has records for both a accurate to ±50 m); providing the information listed in license application and a license, a (iii) Channel number of each paragraph (g)(3) of this section. white space database should include the television channel received, subject to (2) The party responsible for a fixed information from the license application the following condition: channels for white space device must ensure that the rather than the license. In cases where which the MVPD receive site is located white space device registration database there are multiple license application within the protected contour of that has the most current, up-to-date records or license records for the same channel’s transmitting station are not information for that device. station, the database is to include the eligible for registration in the database; (3) The white space device most recent records, and again with (iv) Call sign of each television registration database shall contain the license applications taking precedence channel received and eligible for following information for fixed white over licenses.): registration; space devices: (i) Transmitter coordinates (latitude (v) Location (latitude and longitude) (i) FCC identifier (FCC ID) of the and longitude in NAD 83); of the transmitter of each television device; (ii) Effective radiated power (ERP); channel received; (ii) Manufacturer’s serial number of (iii) Height above average terrain of (7) Television translator, low power the device; the transmitting antenna (HAAT); TV and Class A TV station receive sites: (iii) Device’s geographic coordinates (iv) Horizontal transmit antenna Registration for television translator, (latitude and longitude (NAD 83)); pattern (if the antenna is directional); low power TV and Class A receive sites (iv) Device’s antenna height above (v) Amount of electrical and is limited to channels that are received ground level (meters); mechanical beam tilt (degrees over-the-air and are used as part of the (v) Name of the individual or business depression below horizontal) and station’s service. that owns the device; orientation of mechanical beam tilt (i) Call sign of the TV translator (vi) Name of a contact person (degrees azimuth clockwise from true station; responsible for the device’s operation; north); (ii) Location of the TV translator (vii) Address for the contact person; (vi) Channel number; and receive site (latitude and longitude in (viii) Email address for the contact (vii) Station call sign. NAD 83, accurate to ±/¥ 50 m); person; (2) Broadcast Auxiliary Service. (iii) Channel number of the re- (i) Transmitter coordinates (latitude (ix) Phone number for the contact transmitted television station, subject to person. and longitude in NAD 83). (ii) Receiver coordinates (latitude and the following condition: a channel for (h) Mode II personal/portable device which the television translator receive information to database. A personal/ longitude in NAD 83). (iii) Channel number. site is located within the protected portable device operating in Mode II (iv) Call sign. contour of that channel’s transmitting shall provide the database its FCC (3) Metropolitan areas listed in station is not eligible for registration in Identifier (as required by § 2.926 of this § 90.303(a) of this chapter. the database; chapter), serial number as assigned by (i) Region name. (iv) Call sign of the retransmitted the manufacturer, and the device’s (ii) Channel(s) reserved for use in the television station; and geographic coordinates (latitude and region. (v) Location (latitude and longitude) longitude (NAD 83)). (iii) Geographic center of the region of the transmitter of the retransmitted (i) Unlicensed wireless microphone (latitude and longitude in NAD 83). television station. registration. Unlicensed wireless (iv) Call sign. (8) Licensed low power auxiliary microphone users in the 600 MHz band (4) PLMRS/CMRS base station stations, including wireless shall register with the database prior to operations located more than 80 km microphones and wireless assist video

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devices: Use of licensed low power venues filing registration requests must (vii) Identification of the frequencies auxiliary stations at well-defined times certify that they are making use of all on which the part 27 600 MHz band and locations may be registered in the TV channels not available to white licensee has commenced operations; database. Multiple registrations that space devices and on which wireless (viii) Call sign. specify more than one point in the microphones can practicably be used, (11) Location of health care facilities facility may be entered for very large including channels 7–51 (except operating WMTS networks on channel sites. Registrations will be valid for no channel 37). The Commission will make 37 (608–614 MHz): more than one year, after which they requests for registration of sites that use (i) Name and address of the health may be renewed. Registrations must unlicensed wireless microphones public care facility; include the following information: and will provide an opportunity for (ii) Name and address of a contact (i) Name of the individual or business public comment or objections. person; responsible for the low power auxiliary Registrations will be valid for one year, (iii) Phone number of a contact device(s); after which they may be renewed. The person; (ii) An address for the contact person; Commission will take actions against (iv) Email address of a contact person; (iii) An email address for the contact parties that file inaccurate or incomplete (v) Latitude and longitude coordinates person (optional); information, such as denial of referenced to North American Datum (iv) A phone number for the contact registration in the database, removal of 1983 (NAD 83) that define the perimeter person; information from the database pursuant of each facility. If several health care (v) Coordinates where the device(s) to paragraph (i) of this section, or other facilities using 608–614 MHz wireless are used (latitude and longitude in NAD sanctions as appropriate to ensure medical telemetry equipment are 83, accurate to ±50 m); located in close proximity, it is (vi) Channels used by the low power compliance with the rules. Registrations must include the following information: permissible to register a perimeter to auxiliary devices operated at the site; protect all facilities in that cluster. (vii) Specific months, weeks, days of (i) Name of the individual or business that owns the unlicensed wireless (k) Commission requests for data. (1) the week and times when the device(s) A white space database administrator are used (on dates when microphones microphones; (ii) An address for the contact person; must provide to the Commission, upon are not used the site will not be (iii) An email address for the contact request, any information contained in protected); and person (optional); the database. (viii) The stations call sign. (iv) A phone number for the contact (2) A white space database (9) Unlicensed wireless microphones administrator must remove information at venues of events and productions/ person; (v) Coordinates where the device(s) from the database, upon direction, in shows that use large numbers of are used (latitude and longitude in NAD writing, by the Commission. wireless microphones that cannot be 83, accurate to ±50 m); (l) Security. The white space database accommodated in the two reserved (vi) Channels used by the wireless shall employ protocols and procedures channels and other channels that are not microphones operated at the site and to ensure that all communications and available for use by white space devices the number of wireless microphones interactions between the white space at that location. Prior to June 23, 2017, used in each channel. As a benchmark, database and white space devices are but no later than release of the Channel least 6–8 wireless microphones must be accurate and secure and that Reassignment Public Notice upon used in each channel. Registration unauthorized parties cannot access or completion of the broadcast television requests that do not meet this criteria alter the database or the list of available spectrum incentive auction, as defined will not be registered in the TV bands channels sent to a white space device. in § 73.3700(a) of this chapter, sites of data bases; (1) Communications between white large events and productions/shows (vii) Specific months, weeks, days of space devices and white space with significant unlicensed wireless the week and times when the device(s) databases, and between different white microphone use at well-defined times are used (on dates when microphones space databases, shall be secure to and locations may be registered in the are not used the site will not be prevent corruption or unauthorized database. Entities responsible for protected); and interception of data. A white space eligible event venues registering their (viii) The name of the venue. database shall be protected from site with a TV bands data base are (10) 600 MHz service in areas where unauthorized data input or alteration of required to first make use of the two the part 27 600 MHz band licensee has stored data. reserved channels and other channels commenced operations: (2) A white space database shall verify that are not available for use by white (i) Name of 600 MHz band licensee; that the FCC identification number space devices at that location. As a (ii) Name and address of the contact supplied by a fixed or personal/portable benchmark, at least 6–8 wireless person; white space device is for a certified microphones should be operating in (iii) An email address for the contact device and may not provide service to each channel used at such venues (both person (optional); an uncertified device. licensed and unlicensed wireless (iv) A phone number for the contact (3) A white space database must not microphones used at the event may be person; provide lists of available channels to counted to comply with this (v) Area within a part 27 600 MHz uncertified white space devices for benchmark). Multiple registrations that band licensee’s Partial Economic Areas purposes of operation (it is acceptable specify more than one point in the (PEA), as defined in § 27.6 of this for a white space database to distribute facility may be entered for very large chapter, where it has commenced lists of available channels by means sites. Sites of eligible event venues operation. This area must be delineated other than contact with white space using unlicensed wireless microphones by at minimum of eight and a maximum devices to provide list of channels for must be registered with the Commission of 120 geographic coordinates (latitude operation). To implement this at least 30 days in advance and the and longitude in NAD 83, accurate to provision, a white space database Commission will provide this ±50 m); administrator shall obtain a list of information to the data base managers. (vi) Date of commencement of certified white space devices from the Parties responsible for eligible event operations; FCC Equipment Authorization System.

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§ 15.714 White space database fixed and Mode II devices requesting § 15.713(j)(10) for areas where they have administration fees. lists of available channels for Mode I commenced operations and to allow the (a) A white space database devices. Database administrators may removal and replacement of registration administrator may charge a fee for allow prospective operators of white information in the database when provision of lists of available channels space devices to query the database and corrections or updates are necessary. to fixed and personal/portable devices determine whether there are vacant (o) Remove from the database the and for registering fixed devices. This channels at a particular location. registrations of fixed white space provision applies to devices that operate (f) Establish protocols and procedures devices that have not checked the in the TV bands, 600 MHz service band, to ensure that all communications and database for at least three months to and the 600 MHz guard bands and interactions between the white space update their channel lists. A database duplex gap. database and white space devices are administrator may charge a new (b) A white space database accurate and secure and that registration fee for a fixed white space administrator may charge a fee for unauthorized parties cannot access or device that is removed from the provision of lists of available channels alter the database or the list of available database under this provision but is to wireless microphone users. channels sent to a white space device later re-registered. (c) The Commission, upon request, consistent with the provisions of (p) Establish procedures to allow will review the fees and can require § 15.713(l). health care facilities to register the changes in those fees if they are found (g) Make its services available to all locations of facilities where they operate to be excessive. unlicensed white space device users on WMTS networks on channel 37. a non-discriminatory basis. (q) Establish procedures to allow § 15.715 White space database (h) Provide service for a five-year unlicensed wireless microphone users administrator. term. This term can be renewed at the in the 600 MHz band to register with the The Commission will designate one or Commission’s discretion. database and to provide lists of channels more entities to administer the white (i) Respond in a timely manner to available for wireless microphones at a space database(s). The Commission verify, correct and/or remove, as given location. may, at its discretion, permit the appropriate, data in the event that the functions of a white space database, Commission or a party brings claim of § 15.717 White space devices that rely on such as a data repository, registration, inaccuracies in the database to its spectrum sensing. and query services, to be divided among attention. This requirement applies only (a) Applications for certification. multiple entities; however, it will to information that the Commission Parties may submit applications for designate specific entities to be a requires to be stored in the database. certification of white space devices that database administrator responsible for (j) Transfer its database along with the rely solely on spectrum sensing to coordination of the overall functioning IP addresses and URLs used to access identify available channels. Devices of a database and providing services to the database and list of registered fixed authorized under this section must white space devices. Each database white space devices, to another demonstrate with an extremely high administrator designated by the designated entity in the event it does degree of confidence that they will not Commission shall: not continue as the database cause harmful interference to incumbent (a) Maintain a database that contains administrator at the end of its term. It radio services. the information described in § 15.713. may charge a reasonable price for such (1) In addition to the procedures in (b) Establish a process for acquiring conveyance. subpart J of part 2 of this chapter, and storing in the database necessary (k) The database must have applicants shall comply with the and appropriate information from the functionality such that upon request following. Commission’s databases and from the Commission it can indicate (i) The application must include a full synchronizing the database with the that no channels are available when explanation of how the device will current Commission databases at least queried by a specific white space device protect incumbent authorized services once a week to include newly licensed or model of white space devices. against interference. facilities or any changes to licensed (l) If more than one database is (ii) Applicants must submit a pre- facilities. developed, the database administrators production device, identical to the (c) Establish a process for registering shall cooperate to develop a device expected to be marketed. fixed white space devices and standardized process for providing on a (2) The Commission will follow the registering and including in the daily basis or more often, as procedures below for processing database facilities entitled to protection appropriate, the data collected for the applications pursuant to this section. but not contained in a Commission facilities listed in § 15.713(b)(2) to all (i) Applications will be placed on database, including MVPD receive sites. other white space databases to ensure public notice for a minimum of 30 days (d) Establish a process for registering consistency in the records of protected for comments and 15 days for reply facilities where part 74 low power facilities. comments. Applicants may request that auxiliary stations are used on a regular (m) Provide a means to make publicly portions of their application remain basis. available all information the rules confidential in accordance with § 0.459 (e) Provide accurate lists of available require the database to contain, of this chapter. This public notice will channels and the corresponding including fixed white space device include proposed test procedures and maximum permitted power for each registrations and voluntarily submitted methodologies. available channel to fixed and personal/ protected entity information, except the (ii) The Commission will conduct portable white space devices that information provided by 600 MHz band laboratory and field tests of the pre- submit to it the information required licensees pursuant to § 15.713(j)(10)(v) production device. This testing will be under § 15.713(e), (g), and (h) based on and (vi) of this part shall not be made conducted to evaluate proof of their geographic location and provide publicly available. performance of the device, including accurate lists of available channels and (n) Establish procedures to allow part characterization of its sensing capability the corresponding maximum permitted 27 600 MHz service licensees to upload and its interference potential. The power for each available channel to the registration information listed in testing will be open to the public.

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(iii) Subsequent to the completion of (3) In-service monitoring. A white Note to paragraph (c): The specific testing, the Commission will issue by space device must perform in-service frequencies for the 600 MHz duplex gap will public notice, a test report including monitoring of an operating channel at be determined in light of further proceedings recommendations. The public notice least once every 60 seconds. There is no pursuant to GN Docket No. 12–268 and the rule will be updated accordingly pursuant to will specify a minimum of 30 days for minimum channel availability check a future public notice. comments and, if any objections are time for in-service monitoring. received, an additional 15 days for reply (4) Channel move time. After a TV, * * * * * comments. wireless microphone or other low power (f) Operations in 600 MHz band (b) Power limit for devices that rely on auxiliary device signal is detected on a assigned to wireless licensees under part sensing. The white space device shall white space device operating channel, 27 of this chapter. A low power meet the requirements for personal/ all transmissions by the white space auxiliary station that operates on portable devices in this subpart except device must cease within two seconds. frequencies in the 600 MHz band that it will be limited to a maximum assigned to wireless licensees under EIRP of 50 mW per 6 megahertz of PART 27—MISCELLANEOUS part 27 of this chapter must cease bandwidth on which the device WIRELESS COMMUNICATIONS operations on those frequencies no later operates and it does not have to comply SERVICES than the end of the post-auction with the requirements for geo-location transition period as defined in § 27.4 of ■ and database access in § 15.711(b), (d), 9. The authority citation for part 27 this chapter. During the post-auction and (e). Compliance with the detection continues to read as follows: transition period, low power auxiliary threshold for spectrum sensing in Authority: 47 U.S.C. 154, 301, 302a, 303, stations will operate on a secondary § 15.717(c), although required, is not 307, 309, 332, 336, 337, 1403, 1404, 1451, basis to licensees of part 27 of this necessarily sufficient for demonstrating and 1452, unless otherwise noted. chapter, i.e., they must not cause to and reliable interference avoidance. Once a ■ 10. Add § 27.1320 to read as follows: must accept harmful interference from device is certified, additional devices these licensees, and must comply with that are identical in electrical § 27.1320 Notification to white space the distance separations in characteristics and antenna systems may database administrators. § 15.236(e)(2) of this chapter outside the be certified under the procedures of part To receive interference protection, areas where a licensee has commenced 2, Subpart J of this chapter. 600 MHz licensees shall notify one of operations as specified pursuant to (c) Sensing requirements—(1) the white space database administrators § 15.713(j)(10). Detection threshold. (i) The required of the areas where they have ■ detection thresholds are: commenced operation pursuant to 13. Section 74.861 is amended by (A) ATSC digital TV signals: ¥114 §§ 15.713(j)(10) and 15.715(n) of this revising paragraphs (a), (e) introductory dBm, averaged over a 6 MHz chapter. text, (e)(1) introductory text, and bandwidth; (e)(1)(iii) to read as follows: (B) NTSC analog TV signals: ¥114 PART 74—EXPERIMENTAL RADIO, § 74.861 Technical requirements. dBm, averaged over a 100 kHz AUXILIARY, SPECIAL BROADCAST (a) Except as specified in paragraph bandwidth; AND OTHER PROGRAM (e) of this section, transmitter power is (C) Low power auxiliary, including DISTRIBUTIONAL SERVICES the power at the transmitter output wireless microphone, signals: ¥107 terminals and delivered to the antenna, dBm, averaged over a 200 kHz ■ 11. The authority citation for part 74 antenna transmission line, or any other bandwidth. continues to read as follows: impedance-matched, radio frequency (ii) The detection thresholds are Authority: 47 U.S.C. 154, 302a, 303, 307, load. For the purpose of this subpart, referenced to an omnidirectional receive 309, 336 and 554. the transmitter power is the carrier antenna with a gain of 0 dBi. If a receive ■ 12. Section 74.802 is amended by power. antenna with a minimum directional adding paragraph (a)(2) and by revising gain of less than 0 dBi is used, the * * * * * paragraphs (c) introductory text and (f) (e) For low power auxiliary stations detection threshold shall be reduced by to read as follows: the amount in dB that the minimum operating in the 600 MHz duplex gap directional gain of the antenna is less § 74.802 Frequency assignment. and the bands allocated for TV broadcasting, the following technical than 0 dBi. Minimum directional gain (a)(1) * * * requirements apply: shall be defined as the antenna gain in (2) The four megahertz segment from the direction and at the frequency that one to five megahertz above the lower (1) The power may not exceed the exhibits the least gain. Alternative edge of the 600 MHz duplex gap may be following values. approaches for the sensing antenna are assigned for use by low power auxiliary * * * * * permitted, e.g., electronically rotatable stations. (iii) 600 MHz duplex gap: 20 mW antennas, provided the applicant for EIRP equipment authorization can Note to paragraph (a)(2): The specific * * * * * demonstrate that its sensing antenna frequencies for the 600 MHz duplex gap will be determined in light of further proceedings provides at least the same performance pursuant to GN Docket No. 12–268 and the PART 95—PERSONAL RADIO as an omnidirectional antenna with 0 rule will be updated accordingly pursuant to SERVICES dBi gain. a future public notice. (2) Channel availability check time. A ■ 14. The authority citation for part 95 * * * * * white space device may start operating continues to read as follows: on a TV channel if no TV, wireless (c) Specific frequency operation is microphone or other low power required when operating within the 600 Authority: 47 U.S.C. 154, 301, 302(a), 303, and 307(e). auxiliary device signals above the MHz duplex gap or the bands allocated detection threshold are detected within for TV broadcasting. ■ 15. Section 95.1111 is amended by a minimum time interval of 30 seconds. * * * * * adding paragraph (d) to read as follows:

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§ 95.1111 Frequency coordination. channel 37 shall notify one of the white §§ 15.713(j)(11) and 15.715(p) of this * * * * * space database administrators of their chapter. (d) To receive interference protection, operating location pursuant to [FR Doc. 2015–29496 Filed 11–20–15; 8:45 am] parties operating WMTS networks on BILLING CODE 6712–01–P

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Reader Aids Federal Register Vol. 80, No. 225 Monday, November 23, 2015

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

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 Executive orders and proclamations 741–6000 Proposed Rules: 200...... 69111 54...... 70718 The United States Government Manual 741–6000 2205...... 71681 79...... 70718 Other Services 2300...... 69563 10 CFR Electronic and on-line services (voice) 741–6020 3474...... 67261 Privacy Act Compilation 741–6064 Proposed Rules: 72...... 71929 3474...... 67672 Public Laws Update Service (numbers, dates, etc.) 741–6043 73...... 67264 431...... 69837 3 CFR 433...... 68749 ELECTRONIC RESEARCH Proclamations: 851...... 69564 World Wide Web 9354...... 67615 Proposed Rules: 9355...... 67617 26...... 72358 Full text of the daily Federal Register, CFR and other publications 9356...... 67619 50...... 70610, 72358 is located at: www.fdsys.gov. 9357...... 68237 52...... 70610, 72358 72...... 71982 Federal Register information and research tools, including Public 9358...... 68239 73...... 72358 Inspection List, indexes, and Code of Federal Regulations are 9359...... 68241 140...... 72358 located at: www.ofr.gov. 9360...... 68413 9361...... 68415 170...... 68268 E-mail 9362...... 68417 171...... 68268 9363...... 68419 429 ...... 68274, 69278, 69888, FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 9364...... 69835 71984, 72373, 72608 an open e-mail service that provides subscribers with a digital 9365...... 70147 430 ...... 68274, 69278, 71984, form of the Federal Register Table of Contents. The digital form 9366...... 72321 72373 of the Federal Register Table of Contents includes HTML and 9367...... 72323 431...... 69888, 72608 PDF links to the full text of each document. 9368...... 72325 To join or leave, go to http://listserv.access.gpo.gov and select 9369...... 72552 11 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list Administrative Orders: Proposed Rules: (or change settings); then follow the instructions. Memorandums: 110...... 72616 Memorandum of PENS (Public Law Electronic Notification Service) is an e-mail 12 CFR service that notifies subscribers of recently enacted laws. November 3, 2015 ...... 68743 Notices: 204...... 71681 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Notice of November 5, 208...... 70671 and select Join or leave the list (or change settings); then follow 2015 ...... 69561 217...... 70671 the instructions. Notice of November 225...... 70671 FEDREGTOC-L and PENS are mailing lists only. We cannot 10, 2015 ...... 70663 252...... 70671 respond to specific inquiries. Notice of November Ch. VI...... 67277 Reference questions. Send questions and comments about the 12, 2015 ...... 70667 600...... 68427 Federal Register system to: [email protected] Presidential 606...... 68427 Determinations: 611...... 67277 The Federal Register staff cannot interpret specific documents or No. 2016-02 of 914...... 72327 regulations. November 13, 917...... 72327 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 2015 ...... 71927 1003...... 69567 longer appears in the Federal Register. This information can be Executive Orders: 1236...... 72327 found online at http://bookstore.gpo.gov/. 13348 (Revoked by 1239...... 72327 EO 13710)...... 71679 1710...... 72327 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 13710...... 71679 1720...... 72327 13711...... 71923 Proposed Rules: 67261–67620...... 2 72555–72898...... 20 327...... 68780 67621–68242...... 3 72899–73086...... 23 5 CFR 14 CFR 68243–68420...... 4 Proposed Rules: 25 ...... 67621, 67623, 69567, 68421–68742...... 5 870...... 69623 68743–69110...... 6 72555, 72561 33...... 72561 69111–69562...... 9 7 CFR 35...... 72561 69563–69836...... 10 301...... 72327 39 ...... 68429, 68432, 68434, 69837–70148...... 12 906...... 70669 68437, 69111, 69113, 69569, 70149–70668...... 13 925...... 68421 69571, 69573, 69838, 69839, 70669–71680...... 16 930...... 68424 69846, 71684, 72563, 72565, 71681–71926...... 17 944...... 68421 73569, 72573, 73576, 72579 71927–72326...... 18 Proposed Rules: 71 ...... 68440, 68442, 70149, 72327–72554...... 19 920...... 68473 70150

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95...... 70674 25...... 70679 33 CFR Proposed Rules: 97 ...... 68758, 68759, 68761, 106...... 71934 100...... 67635, 69873 294...... 72665 68763, 69578 110...... 71934 117 ...... 67316, 68444, 69602, 37 CFR 1204...... 70151 114...... 71934 72592 Proposed Rules: 117...... 71934 138...... 72342 Proposed Rules: 23...... 68281 120...... 71934 147...... 71940, 71942 42...... 67680 123...... 71934 25...... 72618 165 ...... 67317, 67638, 68445, 38 CFR 39 ...... 67348, 68284, 68475, 129...... 71934 70687, 71693, 72356 17...... 68447 68477, 69623, 69625, 69896, 150...... 72581 Proposed Rules: 69898, 69899, 69903, 71745, 179...... 71934 117...... 67677 Proposed Rules: 71747, 71749, 71751, 73390, 211...... 71934 165...... 72663 17...... 68479, 69909 73393, 73395, 73398, 73401, 866...... 67313 74...... 68795 872...... 72585 34 CFR 72621 39 CFR 71...... 70176, 70177 876...... 72899 74...... 67261 147...... 72404 880...... 72587 75...... 67261 20...... 72901 890...... 72589 76...... 67261 Proposed Rules: 15 CFR 1308 ...... 69861, 70658, 70680 77...... 67261 3050...... 68480 Proposed Rules: 4...... 68442, 70153 80...... 67261 40 CFR 301...... 68765 101...... 69905, 71990 101...... 67261 303...... 68765 1308...... 70650 206...... 67261 9...... 72592 730...... 69588, 70675 866...... 71756 222...... 67261 52 ...... 67319, 67335, 67642, 225...... 67261 67645, 67647, 67652, 68253, 734...... 69588 22 CFR 744...... 69852, 70678 226...... 67261 68448, 68451, 68453, 68458, 22...... 72591 270...... 67261 68766, 68768, 69602, 69604, 16 CFR 41...... 67315, 69588 280...... 67261 69874, 69876, 69880, 70689, 305...... 67285 51...... 72591 299...... 67261 71695, 72903 300...... 67261 62...... 70694 500...... 71686 23 CFR 502...... 71686 303...... 67261 63...... 72790 1109...... 72342 Proposed Rules: 350...... 67261 81...... 67652, 68253 771...... 72624 1500...... 72342 361...... 67261 97...... 69883 774...... 72624 363...... 67261 170...... 67496 Proposed Rules: 364...... 67261 180 ...... 68257, 68261, 68772, 305...... 67351 24 CFR 365...... 67261 70697, 71944, 71947, 72593 1109...... 72405 91...... 69864 367...... 67261 372...... 72906 1112...... 69144 570 ...... 67626, 67634, 69864, 369...... 67261 423...... 67838 1231...... 69144 71936 370...... 67261 721...... 70171, 72592 1500...... 72405 Proposed Rules: 373...... 67261 Proposed Rules: 17 CFR 5...... 72642 377...... 67261 49...... 70179 965...... 71762 380...... 67261 50...... 72840 200...... 71388 966...... 71762 381...... 67261 227...... 71388 51...... 70179 385...... 67261 52 ...... 67681, 67682, 68481, 232...... 71388 25 CFR 396...... 67261 239...... 71388 68484, 68486, 68807, 69172, 169...... 72492 400...... 67261 69627, 69915, 69925, 70179, 240...... 71388 426...... 67261 256...... 69589 70718, 70721, 72406, 72937 249...... 71388 460...... 67261 Proposed Rules: 60...... 68808, 70179 269...... 71388 491...... 67261 30...... 69161 62...... 70727 270...... 71388 535...... 67261 70...... 70179 Proposed Rules: 26 CFR 606...... 67261 71...... 70179 230...... 69786 607...... 67261 1 ...... 68243, 68244, 70680 81...... 69173 300...... 68286 608...... 67261 54...... 72192 82...... 69458 602...... 68244 609...... 67261 18 CFR 611...... 67261 147...... 69629 Proposed Rules: 171...... 72029 157...... 67302 614...... 67261 1 ...... 68288, 68794, 71769, 180 ...... 68289, 69080, 72941 260...... 67302 628...... 67261 72649 258...... 70180 284...... 67302 636...... 67261 260...... 68490 29 CFR 637...... 67261 Proposed Rules: 261...... 68490, 68491 35...... 71755 642...... 67261 1982...... 69115 643...... 67261 262...... 68490, 68491 2509...... 71936 19 CFR 644...... 67261 263...... 68490 2590...... 72192 645...... 67261 264...... 68490 101...... 70154 4022...... 70170 646...... 67261 265...... 68490 103...... 71690 Proposed Rules: 647...... 67261 266...... 68491 113...... 70154 29...... 68908 648...... 67261 268...... 68490, 68491 133...... 70154 30...... 68908 650...... 67261 270...... 68490 161...... 71690 2510...... 72006 654...... 67261 273...... 68490, 68491 175...... 71690 2560...... 72014 655...... 67261 279...... 68490 661...... 67261 20 CFR 30 CFR 42 CFR 662...... 67261 435...... 69563 Proposed Rules: 663...... 67261 405...... 70298, 71388 437...... 69563 7...... 72028 664...... 67261 409...... 68624 Proposed Rules: 75...... 72028 682...... 67261 410...... 70298, 71388 30...... 72296 692...... 67261 411...... 71388 32 CFR 694...... 67261 412...... 70298 21 CFR 273...... 68158 1100...... 67261 413...... 68968, 70298 1...... 71934 776...... 68388 414...... 71388 11...... 71934 Proposed Rules: 36 CFR 416...... 70298 16...... 71934 208...... 69166 242...... 68245, 68249 419...... 70298

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424...... 68624 2553...... 71681 74...... 68815 172...... 71952, 72914 425...... 71388 Proposed Rules: 173...... 71952, 72914 48 CFR 447...... 67576 95...... 68290 174...... 71952 484...... 68624 1329...... 70728 212...... 72599 175...... 72914 495...... 71388 1355...... 68290 216...... 72606 176...... 72914 Proposed Rules: 1356...... 68290 217...... 72607 177...... 72914 225...... 72599, 72607 447...... 67377 178...... 72914 482...... 68126 46 CFR 252...... 72357, 72599 179...... 71952 484...... 68126 515...... 68722 Ch. 3 ...... 72150 180...... 72914 485...... 68126 Proposed Rules: 1817...... 68778 401...... 69179 1852...... 68778 541...... 72929 43 CFR 403...... 69179 Proposed Rules: Proposed Rules: 10...... 68465 404...... 69179 2...... 72035 622...... 72624 Proposed Rules: 4...... 72035 47 CFR 3160...... 72943 9...... 72035 50 CFR 3170...... 72943 1...... 67337 12...... 72035 2 ...... 68471, 71702, 73044 19...... 72035 17...... 70700 44 CFR 15...... 71702, 73044 52...... 72035 100...... 68245, 68249 Proposed Rules: 27...... 71731, 73044 215...... 72669 300...... 69884 206...... 70116 73 ...... 67337, 67344, 71731 217...... 72671 622...... 71973 74...... 71702, 73044 225...... 72672, 72673 635...... 68265, 71974 45 CFR 87...... 71702 234...... 72671 648...... 67664 90...... 71702 144...... 72192 239...... 72674 660 ...... 67664, 69138, 69885, 95...... 73044 146...... 72192 241...... 72675 71975 147...... 72192 Proposed Rules: 252...... 72673 665...... 68778 1235...... 71681 Ch. I ...... 69630 722...... 69930 679 ...... 67346, 68267, 70717 2510...... 71681 1 ...... 67689, 68815, 69630 729...... 69930 2520...... 71681 4...... 67689 731...... 69930 697...... 69619 2541...... 71681 25...... 68815 752...... 69930 Proposed Rules: 2543...... 71681 27...... 69630 648...... 69179 2551...... 71681 64...... 72029 49 CFR 660...... 72676 2552...... 71681 73...... 68815 171...... 71952, 72914 679...... 71650, 72408

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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 November 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.

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