Vol. 80 Monday, No. 244 December 21, 2015

Pages 79231–79458

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 80, No. 244

Monday, December 21, 2015

Agriculture Department Employment and Training Administration See Food Safety and Inspection Service NOTICES See Forest Service Meetings: Advisory Committee on Apprenticeship, 79360 Centers for Disease Control and Prevention NOTICES Energy Department Agency Information Collection Activities; Proposals, See Energy Efficiency and Renewable Energy Office Submissions, and Approvals, 79341–79342 See Federal Energy Regulatory Commission Final Revised Vaccine Information Materials for Multiple NOTICES Pediatric Vaccines (Your Child’s First Vaccines), 79343 Applications to Export Electric Energy: Final Revised Vaccine Information Materials for Consolidated Edison Energy, Inc., 79318–79319 Pneumococcal Conjugate Vaccine, 79340–79341 Centers for Medicare & Medicaid Services Energy Efficiency and Renewable Energy Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 79319 Medicare Program; Awarding and the Administration of Medicare Administrative Contractor Contracts, Environmental Protection Agency 79343–79345 RULES Air Quality State Implementation Plans; Approvals and Coast Guard Promulgations: RULES Illinois; Illinois Power Holdings and AmerenEnergy Drawbridge Operations: Medina Valley Cogen Variance, 79261–79266 Atlantic Intracoastal Waterway, Wrightsville Beach, NC, Oregon; Interstate Transport of Ozone, 79266–79267 79260–79261 Pesticide Tolerances: Connecticut River, Old Lyme, CT, 79261 Pendimethalin, 79267–79273 Upper Mississippi River, Sabula, IA, 79260 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Commerce Department Promulgations: See International Trade Administration Texas; Control of Air Pollution from Nitrogen Compound, See National Oceanic and Atmospheric Administration 79279–79283 See Patent and Trademark Office NOTICES Access by EPA Contractors to Information Claimed as Defense Department Confidential Business Information Submitted under the RULES Clean Air Act and Related Regulations, 79329–79330 Privacy Act; Implementation, 79258–79260 Cancellation of Pesticides for Non-Payment of Year 2015 NOTICES Registration Maintenance Fees; Correction, 79337– Meetings: 79338 Defense Policy Board, 79311–79312 Lead; Renovation, Repair and Painting Program; Lead Test Privacy Act; Systems of Records, 79310–79311 Kit, 79335–79336 Meetings: Denali Commission Chartered Science Advisory Board; Teleconferences, PROPOSED RULES 79337 National Environmental Policy Act Implementing Clean Air Scientific Advisory Committee Sulfur Oxides Procedures and Categorical Exclusions, 79292–79300 Panel; Chartered CASAC and CASAC Sulfur Oxides Education Department Panel, 79330–79331 PROPOSED RULES Human Studies Review Board, 79331–79333 Meetings: National Pollutant Discharge Elimination System General Negotiated Rulemaking Committee; Negotiator Permits; Proposed Reissuances: Nominations, 79276–79277 Federal Aquaculture Facilities and Aquaculture Facilities, NOTICES Indian Country within the Boundaries of Washington Agency Information Collection Activities; Proposals, State, 79333–79335 Submissions, and Approvals: Proposed Consent Decree under Clean Air Act Citizen Suit, Educational Quality through Innovative Partnerships 79338–79339 Experimental Sites Initiative, 79317 Health Education Assistance Loan, 79312–79313 Federal Aviation Administration Student Assistance General Provisions – Non-Title IV RULES Revenue Requirements, 79318 Airworthiness Directives: Applications for New Awards: Alpha Aviation Concept Limited Airplanes, 79256–79258 Indian Education Formula Grants to Local Educational Registration and Marking Requirements for Small Agencies, 79313–79317 Unmanned Aircraft, 79255

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PROPOSED RULES Fish and Wildlife Service Airworthiness Directives: PROPOSED RULES Airbus Helicopters (Type Certificate Previously Held by Wild Bird Conservation Act: Eurocopter France), 79274–79276 Blue-Fronted Amazon Parrots from Argentina’s Sustainable-Use Management Plan; Withdrawal, Federal Deposit Insurance Corporation 79300–79301 RULES NOTICES Removal of Transferred OTS Regulations Regarding Environmental Assessments; Availability, etc.: Management Official Interlocks and Amendments to Whittlesey Creek National Wildlife Refuge, Bayfield FDIC’s Rules and Regulations, 79250–79255 County, WI; Final Comprehensive Conservation Plan NOTICES and Finding of No Significant Impact, 79353–79354 Terminations of Receiverships: Security Bank, N.A., North Lauderdale, FL, 79339 Food and Drug Administration NOTICES Meetings: Federal Energy Regulatory Commission Allergenic Products Advisory Committee, 79345–79346 NOTICES Risk Communication Advisory Committee, 79346–79347 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79322–79324 Food Safety and Inspection Service Applications to Amend Certificates: RULES East Cheyenne Gas Storage, LLC, 79328–79329 Records to be Kept by Official Establishments and Retail Combined Filings, 79324, 79326–79328 Stores that Grind Raw Beef Products, 79231–79250 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Foreign Assets Control Office Avalon Solar Partners II LLC, 79320 NOTICES RE Mustang 3 LLC, 79325 Foreign Narcotics Kingpin Designation Act; Additional RE Mustang 4 LLC, 79326–79327 Designations, 79420–79421 RE Mustang LLC, 79321–79322 Tranquillity LLC, 79324–79325 Forest Service Records Governing Off-the-Record Communications, 79320– NOTICES 79321 Environmental Impact Statements; Availability, etc.: Surrender of Preliminary Permit: Revision of the Land Management Plan for the Chugach ORPC Alaska 2, LLC, 79325 National Forest, AK, 79303–79305 Tariff Filings: Meetings: City of Pasadena, CA, 79321 Del Norte County Resource Advisory Committee, 79302– City of Riverside, CA, 79325–79326 79303

Federal Motor Carrier Safety Administration Geological Survey RULES NOTICES Guidance on Medical Examiner’s Certification Integration Agency Information Collection Activities; Proposals, Final Rule Regarding Use of Driver Examination Forms, Submissions, and Approvals, 79354–79355 79273 NOTICES Health and Human Services Department Commercial Driver’s License Standards: Exemption See Centers for Disease Control and Prevention Applications: See Centers for Medicare & Medicaid Services Daimler Trucks North America, 79410–79411 See Food and Drug Administration Parts and Accessories Necessary for Safe Operation; See Health Resources and Services Administration Exemption Applications: See National Institutes of Health Volvo Trucks of North America, 79412–79414 See Substance Abuse and Mental Health Services Qualification of Drivers; Exemption Applications: Administration Diabetes Mellitus, 79399–79412 PROPOSED RULES Epilepsy and Seizure Disorders, 79397–79399 National Institute on Disability, Independent Living, and Hearing, 79417–79418 Rehabilitation Research, 79283–79292 Vision, 79414–79417 Health Resources and Services Administration NOTICES Federal Reserve System Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 79347–79348 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Homeland Security Department Company, 79340 See Coast Guard Formations of, Acquisitions by, and Mergers of Bank See U.S. Customs and Border Protection Holding Companies, 79339–79340 Housing and Urban Development Department Federal Transit Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 79418–79419 Generic Customer Satisfaction Surveys, 79352–79353

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Indian Affairs Bureau National Oceanic and Atmospheric Administration RULES NOTICES Rights-of-Way on Indian Land, 79258 Meetings: NOTICES Fisheries of the Caribbean; Southeast Data, Assessment, Application Deadlines: and Review, 79309–79310 Tribal Self-Governance Program in Fiscal Year 2017 or Fisheries of the South Atlantic; South Atlantic Fishery Calendar Year 2017, 79355–79356 Management Council, 79308 Fisheries of the South Atlantic; Southeast Data, Interior Department Assessment, and Review, 79308–79309 See Fish and Wildlife Service See Geological Survey Nuclear Regulatory Commission See Indian Affairs Bureau NOTICES See Land Management Bureau Meetings; Sunshine Act, 79360–79361

International Trade Administration Patent and Trademark Office NOTICES PROPOSED RULES Antidumping or Countervailing Duty Investigations, Orders, Request for Submission of Topics for Quality Case Studies, or Reviews: 79277–79279 Certain Cut-to-Length Carbon Steel Plate from the People’s Republic of China; Certain Cut-to-Length Pipeline and Hazardous Materials Safety Administration Carbon Steel Plate from the Russian Federation and RULES Ukraine; Continuation of Suspended Antidumping Hazardous Materials: Requirements for the Safe Duty Investigations, 79306–79307 Transportation of Bulk Explosives, 79424–79453 Certain Potassium Phosphate Salts from the People’s Republic of China, 79305–79306 Postal Regulatory Commission Applications for Duty Free Entry of Electron Microscopes: NOTICES Battelle/Pacific Northwest National Laboratory, 79307– New Postal Product, 79361–79362 79308 Meetings: Presidential Documents United States Manufacturing Council, 79306 PROCLAMATIONS Special Observances: International Trade Commission Wright Brothers Day (Proc. 9382), 79455–79458 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Securities and Exchange Commission or Reviews: NOTICES Chlorinated Isocyanurates from China and Spain, 79358– Agency Information Collection Activities; Proposals, 79359 Submissions, and Approvals, 79364–79365 Complaints: Self-Regulatory Organizations; Proposed Rule Changes: Certain RF Capable Integrated Circuits and Products Financial Industry Regulatory Authority, Inc., 79362– Containing the Same, 79359–79360 79364 Municipal Securities Rulemaking Board, 79386–79387 Labor Department NASDAQ OMX BX, Inc., 79362, 79381–79382 See Employment and Training Administration NASDAQ OMX PHLX LLC, 79385–79386, 79394–79397 NASDAQ Stock Market LLC, 79375–79381, 79387–79390 National Futures Association, 79390–79392 Land Management Bureau National Securities Clearing Corp., 79368–79371 NOTICES New York Stock Exchange LLC, 79365–79368 Intent to Change Fees in Campgrounds on Public Lands: NYSE Arca, Inc., 79371–79375, 79392–79394 Bishop Field Office, Inyo and Mono Counties, CA, NYSE MKT LLC, 79382–79385 79357–79358 Records of Decision: Substance Abuse and Mental Health Services Prehistoric Trackways National Monument Resource Administration Management Plan, 79356–79357 NOTICES National Highway Traffic Safety Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 79349–79351 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79419–79420 Transportation Department See Federal Aviation Administration National Institutes of Health See Federal Motor Carrier Safety Administration NOTICES See Federal Transit Administration Agency Information Collection Activities; Proposals, See National Highway Traffic Safety Administration Submissions, and Approvals: See Pipeline and Hazardous Materials Safety Generic Clearance for the Collection of Qualitative Administration Feedback on Agency Service Delivery, 79348–79349 Government-Owned Inventions; Availability for Licensing, Treasury Department 79348 See Foreign Assets Control Office

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U.S. Customs and Border Protection Part III NOTICES Presidential Documents, 79455–79458 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Biometric Identity, 79351–79352 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 Transportation Department, Pipeline and Hazardous archives, FEDREGTOC-L, Join or leave the list (or change Materials Safety Administration, 79424–79453 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9382...... 79457 9 CFR 320...... 79231 12 CFR 348...... 79250 390...... 79250 14 CFR 11...... 79255 39...... 79256 Proposed Rules: 39...... 79274 25 CFR 169...... 79258 32 CFR 311...... 79258 33 CFR 117 (3 documents) ...... 79260, 79261 34 CFR Proposed Rules: Ch. VI...... 79276 37 CFR Proposed Rules: 1...... 79277 40 CFR 52 (2 documents) ...... 79261, 79266 180...... 79267 Proposed Rules: 52...... 79279 45 CFR Proposed Rules: Ch. IX...... 79292 1330...... 79283 49 CFR 171...... 79424 172...... 79424 173...... 79424 177...... 79424 391...... 79273 50 CFR Proposed Rules: 23...... 79300

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Rules and Regulations Federal Register Vol. 80, No. 244

Monday, December 21, 2015

This section of the FEDERAL REGISTER Executive Summary not dependent on the weight of any contains regulatory documents having general This rule requires official contaminated component. FSIS is also applicability and legal effect, most of which not requiring that establishments and are keyed to and codified in the Code of establishments and retail stores that grind raw beef for sale in commerce to stores that grind raw beef products Federal Regulations, which is published under maintain records of the names, points of 50 titles pursuant to 44 U.S.C. 1510. maintain specific information about their grinding activities. This rule is contact, and phone numbers of each The Code of Federal Regulations is sold by necessary to improve FSIS’s ability to official establishment supplying source the Superintendent of Documents. Prices of accurately trace the source of foodborne material because FSIS already has this new books are listed in the first FEDERAL illness outbreaks involving ground beef information in its Public Health REGISTER issue of each week. and to identify the source materials that Information System (PHIS). Any need to be recalled. The recordkeeping marginal benefit presented by these two requirements in this final rule will proposed requirements would be DEPARTMENT OF AGRICULTURE greatly assist FSIS in doing so. outweighed by the time burden associated with recording the Food Safety and Inspection Service FSIS has often been impeded in its efforts to trace ground beef products information. In response to comments, this rule also differs from the proposed 9 CFR Part 320 back to a supplier because of the lack of documentation identifying all source rule in terms of the place where the [Docket No. FSIS–2009–0011] materials used in their preparation. On records must be maintained and the retention period. Under the proposed RIN 0583–AD46 July 22, 2014, FSIS published a proposed rule (79 FR 42464) to require rule, based on existing recordkeeping Records To Be Kept by Official official establishments and retail stores requirements (9 CFR 320.1), Establishments and Retail Stores That to maintain records concerning their establishments and retail stores would Grind Raw Beef Products suppliers and source materials received. have been allowed to keep the required Having reviewed and considered all records at a business headquarters AGENCY: Food Safety and Inspection comments received in response to the location if the grinding activity is Service, USDA. proposed rule, FSIS is finalizing the rule conducted at multiple locations. In ACTION: Final rule. and making several changes in response response to comments, however, this to comments. Most of the proposed rule requires the grinding records to be SUMMARY: The Food Safety and requirements are retained in this final kept at the location where the beef is Inspection Service (FSIS) is amending rule. This final rule requires ground. This change in the final rule its recordkeeping regulations to require establishments and retail facilities that will save investigators valuable time that all official establishments and retail grind raw beef to keep the following and will reduce the risk that records stores that grind raw beef products for records: The establishment numbers of will be lost or misplaced. Finally, in sale in commerce maintain the the establishments supplying the response to comments, for purposes of following records: The establishment materials used to prepare each lot of raw this rule, FSIS is including the numbers of establishments supplying ground beef; all supplier lot numbers definition of a lot as set out in the material used to prepare each lot of raw and production dates; the names of the regulatory text at the end of this ground beef product; all supplier lot supplied materials, including beef document (9 CFR 320.1(b)(4)(iii)). numbers and production dates; the components and any materials carried Under the proposed rule, based on names of the supplied materials, over from one production lot to the existing regulations (9 CFR 320.3(a)), the including beef components and any next; the date and time each lot of raw required grinding records would have materials carried over from one ground beef is produced; and the date been required to be maintained for up production lot to the next; the date and and time when grinding equipment and to three years. However, in response to time each lot of raw ground beef other related food-contact surfaces are comments, FSIS concluded that because product is produced; and the date and cleaned and sanitized. These the records required by this rule are time when grinding equipment and requirements also apply when official needed primarily to investigate other related food-contact surfaces are establishments and retail stores grind foodborne illness outbreaks, their utility cleaned and sanitized. These new source materials at an individual diminishes over time. FSIS consulted requirements also apply to raw beef customer’s request. with its investigators and public health products that are ground at an In response to comments, FSIS is not experts and determined that the records individual customer’s request when adopting two proposed requirements. would rarely be needed after one year. new source materials are used. First, under this final rule, Considering this fact and comments DATES: Effective June 20, 2016. establishments and retail stores that concerning the burden of keeping FOR FURTHER INFORMATION CONTACT: Dr. grind raw beef products will not have to records on-site, particularly at retail Daniel Engeljohn, Assistant maintain records concerning the weight stores, FSIS shortened the retention Administrator, Office of Policy and of each source component used in a lot period in the final rule to one year after Program Development, Food Safety and of ground beef. After considering the date of the recorded grinding Inspection Service, U.S. Department of comments, FSIS concluded that activity. Agriculture, Washington, DC 20250; weighing each component in a lot of The final rule will result in storage Telephone: (202) 205–0495; Fax (202) ground beef was time-consuming and and labor costs to official establishments 720–2025. offered little food safety benefit because and retail stores that grind raw beef for SUPPLEMENTARY INFORMATION: contamination in a lot of ground beef is sale in commerce. Benefits will accrue

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in terms of averted foodborne illnesses, purchasing ground beef. These costs and less costly outbreaks and recalls, and benefits are listed in Table 1. increased consumer confidence when

TABLE 1—EXECUTIVE SUMMARY TABLE

Costs: Labor ...... D $56.6 million annually ($45.8 million to $67.4 million). Storage ...... D $2.7 million annually. Unquantified Costs ...... D Non-labor costs associated with recordkeeping for customer-requested grinds. D Potential for slight costs to consumers in the form of ground beef price increases. Benefits: Unquantified Benefits ...... D Benefits to consumers in the form of averted foodborne illnesses as a result of contaminated ground beef. D Benefits to retailers and official establishments grinding raw beef in the form of less costly food safety events, such as outbreaks and recalls. D Benefits to official establishments supplying ground beef components in the form of less costly re- calls and insulation from costly spillover effects during food safety events.

Background and receiving and shipping papers. In the proposed rule in the present Under the authority of the Federal With respect to each transaction, the rulemaking, FSIS explained that shortly Meat Inspection Act (FMIA) and its records must provide the name or after issuing the 2002 Federal Register implementing regulations (9 CFR 329.1 description of the livestock or article, notice, the Agency began collecting the and 329.6), FSIS investigates reports of the number of outside containers, the information listed in the Federal consumer foodborne illness associated name and address of the buyer or seller Register notice from official of the livestock or animal, and the date establishments and retail stores (79 FR with FSIS-regulated products. FSIS 1 investigators and other public health and method of shipment. 42465). However, as the proposal officials use records kept at all levels of The recordkeeping requirements explained, some retail stores and official the food distribution chain, including contained in the FMIA and 9 CFR part establishments still did not maintain the retail level, to identify the sources 320 are intended to permit FSIS to trace records sufficient for traceback, and some retail stores did not document or of outbreaks. product, including raw ground beef FSIS has often been impeded in these product associated with consumer maintain supplier information at times efforts when an outbreak involves foodborne illness, from the consumer, or other than when FSIS collected samples the place where the consumer of ground raw beef product from the ground beef because of a lack of 2 documentation identifying all source purchased the product, back through its stores for E. coli O157:H7 testing. As a materials used in its preparation (79 FR distribution chain to the establishment result, FSIS was, and remains, 42464). In some situations, official that was the source of the product. disadvantaged in its foodborne disease establishments and retail stores have not Having this information available will investigations. In 2009, FSIS provided guidance to a kept adequate records that would allow make it easier to determine where the retail industry association, which was effective traceback and traceforward contamination occurred. Investigators made available on the FSIS Web site, activities. Without such records, FSIS should also be able to conduct effective stating that retail stores should keep cannot conduct timely and effective traceforward investigations so as to appropriate records to aid in consumer foodborne illness identify other potentially contaminated investigations involving FSIS-regulated investigations and other public health product that has been shipped from the products associated with foodborne activities throughout the stream of point of origin of its contamination to illnesses and other food safety commerce. other official establishments, retail incidents. As FSIS also explained in the stores, warehouses, distributors, To further address the issue, on proposed rule, official establishments restaurants, or other firms. FSIS must be December 9–10, 2009, the Food and and retail stores that grind raw beef able to carry out these investigations Drug Administration (FDA) and FSIS products for sale in commerce must using records that should be kept held a public meeting to discuss the keep records that will fully and routinely by official establishments and essential elements of product tracing correctly disclose all transactions retail stores. systems, gaps in then-current product involved in their business that are In the proposed rule, FSIS explained tracing systems, and mechanisms to subject to the FMIA (see 21 U.S.C. 642) past efforts it has made to ensure that enhance product tracing systems for (79 FR 42465). Businesses must also official establishments and retail stores food.3 This meeting was followed on provide access to, and permit inspection that produce raw ground beef maintain of, these records by FSIS personnel. necessary records. For example, the 1 FSIS Notice 47–02, November 20, 2002, ‘‘FSIS The proposed rule also explained that proposal explained that in 2002, FSIS Actions Concerning Suppliers that may be under 9 CFR 320.1(a), every person, published a Federal Register notice that Associated with Escherichia coli (E. coli) 0157:H7 firm, or corporation required by 21 listed the data that FSIS intended to Positive Raw Ground Beef Product.’’ U.S.C. 642 to keep records must keep collect when any samples of raw ground 2 On June 4, 2012, FSIS implemented routine verification testing for six Shiga toxin-producing E. records that will fully and correctly beef produced at an official coli (STEC), in addition to E. coli O157:H7, in raw disclose all transactions involved in the establishment tested positive for E. coli beef manufacturing trimmings. See Shiga Toxin- aspects of their business that are subject O157:H7 (67 FR 62325, Oct. 7, 2002). Producing Escherichia coli in Certain Raw Beef to the FMIA. Records specifically FSIS also listed the information it Products (77 FR 31975, May 31, 2012). 3 Comments from this hearing are available at: required to be kept under 9 CFR intended to gather from retail stores at http://www.regulations.gov/ 320.1(b) include, but are not limited to, the time it collected a sample of raw #!searchResults;rpp=10;po=0;s=FDA-2009-N- bills of sale, invoices, bills of lading, ground beef for E. coli O157:H7 testing. 0523;dct=PS. A transcript of this meeting is

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March 10, 2010, by an FSIS public including specific examples (79 FR equipment has prevented or delayed meeting that discussed its procedures 42464). FSIS in identifying the source of for identifying suppliers of source Since the review in the proposed rule, outbreaks, as well as other product that material used to produce raw beef FSIS has completed nine ground beef might be adulterated. The cleaning and product that FSIS found positive for E. outbreak investigations. Of these nine sanitizing of equipment used to grind coli O157:H7. FSIS sought input from investigations, grinding records were raw beef is important because it meeting participants on ways to available and complete in four of them prevents the transfer of E. coli O157:H7 improve its procedures for identifying and incomplete or not available in five. and other bacteria from one lot of product that may be positive for E. coli When records were available and product to another. O157:H7. complete, FSIS was able to request a Proposed Rule Despite these actions, as explained in recall of product from the supplying the proposed rule, some official establishment in one of four On July 22, 2014 (79 FR 42464), FSIS establishments and retail stores still did investigations. For the remaining three, proposed to amend the Federal meat not keep and maintain the records two led to store level recalls. For these inspection regulations to require that all necessary for effective investigation by two, FSIS did not request recalls at official establishments and retail stores FSIS. With this history in mind, FSIS supplier establishments because in one that grind raw beef for sale keep records conducted a retrospective review of 28 investigation, the trim for retail product disclosing the following: The names, foodborne disease investigations from had over ten suppliers, and in the other, points of contact, phone numbers, and October 2007 through September 2011 FSIS was not able to narrow down the establishment numbers of suppliers of in which beef products were ground or list of suppliers because the retailer did source materials used in the preparation re-ground at retail stores.4 When records not clean up in between grinding of each lot of raw ground beef; the were available and complete, enabling different products. FSIS did not request names of each source material, FSIS to identify specific production in a recall for the third case in which including any components carried over an official establishment, the Agency records were available and complete from one production lot to the next; the was able to request a recall of product because there were multiple products supplier lot numbers and production from the supplying establishment in six and multiple federal establishments dates; the weight of each beef of eleven investigations. In contrast, involved, and FSIS was not able to component used in each lot (in pounds); when records were not available or identify the product associated with the the date and time each lot was incomplete, FSIS was able to request a illnesses or the supplying produced; and the date and time when product recall only two of seventeen establishment. In the five investigations grinding equipment and other related times. These results confirmed FSIS’s where records were not available or food-contact surfaces were cleaned and experience in specific cases where the incomplete, FSIS was unable to request sanitized. FSIS also proposed that presence of records at the retail level a recall from a supplying establishment. official establishments and retail stores was often instrumental in identifying The investigations reviewed in the would have to comply with these the source of an outbreak, as well as the proposed rule, and those reviewed since requirements with respect to raw beef implicated products that should be the proposed rule, confirm the Agency’s products ground at an individual recalled. The proposed rule includes a findings that the records kept by official customer’s request when new source fuller description of this review, establishments and retail stores vary in materials are used. type and quality and are often FSIS posted the sample grinding log available at: http://www.regulations.gov/ incomplete or inaccurate. Overall, FSIS record below (Table 2) on its Web site #!searchResults;rpp=10;po=0;s=FDA-2009-N- has concluded that voluntary in late 2011 and included it with the 0523;dct=O. recordkeeping by retail stores that grind 2009 guidance and the proposed rule. 4 Ihry, T., White, P., Green, A., and Duryea, P. raw beef has been insufficient, as FSIS proposed requiring the items in the Review of the Adequacy of Ground Beef Production sample record marked with asterisks. Records at Retail Markets for Traceback Activities evidenced by continuing outbreaks During Foodborne Disease Investigations. Poster linked to pathogens in raw ground beef The proposed rule specifically stated presented at: Annual Conference of the Council of that FSIS cannot trace back to the that the information under the other State and Territorial Epidemiologists; 2012, June 4– source. The lack of specific information column headings would not be required, 6; Omaha, NE. A copy of this document is available but that some official establishments at: http://www.fsis.usda.gov/wps/wcm/connect/ about supplier lot numbers, product 87caa3f9-0c76-45c7-be4e-84d73151ed9e/RD-2009- codes, production dates, and the and retail stores might choose to keep 0011-072114.pdf?MOD=AJPERES. cleaning and sanitizing of grinding and maintain this information.

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Final Rule contact surfaces are cleaned and official establishment supplying source As stated above, the final rule is sanitized. These requirements also material were unnecessary given that mostly consistent with the proposed apply to raw ground beef products that FSIS already possesses this information rule. It requires official establishments are prepared at an individual customer’s through the establishment profiles in and retail stores that grind raw beef request when new source materials are PHIS. In addition, FSIS concluded, in products to maintain the following used. If new source materials are not response to the comments submitted, records: The establishment numbers of used, there is no reason to record the that weighing each component in a lot the establishments supplying the customer-requested grind separately. of ground beef was time-consuming and material used to prepare each lot of raw The final rule will not require records offered little food safety benefit. ground beef; all supplier lot numbers concerning the names, points of contact, Contamination occurs in a lot of ground and production dates; the names of the and phone numbers of each official beef regardless of the weight of the supplied materials, including beef establishment supplying source material contaminated component. components and any materials carried or the weight of each source component. In conformance with these changes, over from one production to the next; In consideration of comments that it FSIS has updated its sample grinding the date and time each lot is produced; received, FSIS has concluded that the log as pictured in Table 3 below to and the date and time when grinding records concerning the names, points of reflect the requirements of this final equipment and other related food- contact, and phone numbers of each rule.

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The final rule also differs from the of maintenance and the retention period 320.2, the proposed rule would have proposed rule with respect to the place of the required records. Based on 9 CFR required records to be kept at the place

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where the business, in this case the supercenters, convenience stores, grinds over thirty pounds. A retail trade grinding activity, is conducted, unless wholesalers, and restaurants. group recommended that its members the business is conducted at multiple Response: This final rule applies to all perform customer-requested grinds at locations, in which case the proposal official establishments and retail stores the end of the day or during a clear would have allowed the records to be that grind raw beef products for sale to production cycle break. maintained at a business’s headquarters consumers in normal retail quantities. Response: Customer-requested grinds office. In response to comments, FSIS The rule covers supermarkets and other present the same food safety risk as has concluded that keeping the required grocery stores, meat markets, warehouse other raw ground beef. Retailers should information at the location where the clubs, cooperatives, supercenters, keep customer-requested grinds separate beef is ground will save investigators convenience stores, and wholesalers, if and must record the information time and reduce the risk that records are they grind raw beef product. required in this rule when new source misplaced when they are moved. This FSIS is not applying this final rule to materials are used for customer- rule, therefore, establishes a new 9 CFR restaurants. Only a small percentage of requested grinds. It is also in the store’s 320.2(b), which requires that all the all raw beef grinding occurs at interest to perform a clean up before and information required by this final rule restaurants and only on a very small after customer-requested grinds. If the be kept at the location where the beef is scale. It is thus likely that any outbreak source is not clear, or if there is no clean ground. traced to a restaurant that grinds its own up, traceback to the supplier will be Based on 9 CFR 320.3(a), the raw beef will be traceable to a specific impossible. The retailer would have proposed rule would have required that supplier. produced the product associated with the outbreak, and in such the proposed grinding records be 2. Content of Records retained for a period of two years after circumstances, FSIS will have to request Comment: Retail organizations, a food that the retailer recall product. Also, if December 31 of the year in which the technology company, and a beef brand transaction giving rise to the record the source is not clear, FSIS will likely recommended reducing costs by have to request that the retailer recall (grinding) occurred. In response to removing from the proposed rule the comments discussed below, FSIS more product than would be necessary requirement to weigh each source if the retailer had recorded the concluded that because the vast component. These commenters stated majority of ground beef is consumed necessary information. that the proposed requirement was time- FSIS agrees that customer-requested within several months of its production, consuming, disruptive to workflow, grinds present unique challenges but a one-year retention period is adequate unfeasible with current equipment, and estimates that the benefits of being able to trace the source of any foodborne offered no public health benefit. to rapidly identify a customer-grind disease outbreak involving raw ground Response: FSIS agrees that the associated with an outbreak outweigh beef. Accordingly, this final rule creates requirement to weigh each source the recordkeeping and clean-up costs. a 9 CFR 320.3(c) which requires that component is not necessary. If a Comment: Two food-safety non- official establishments and retail stores foodborne illness outbreak occurs, the profits, a grocery store chain, and a covered by this rule retain the required weight of a source component in a lot consumer group stated that the name of records for one year. of ground beef is not significant in the retail product should be recorded to The final rule also makes technical tracing the material back to the assist in identifying product subject to changes to 9 CFR 320.2 and 320.3 to suppliers. Also, any amount of recall. One individual and a food-safety improve readability. adulterated source material in a lot of non-profit stated that retail products Summary of Comments and Responses ground beef would adulterate the should include specific day or product. Accordingly, FSIS has removed production lot codes to assist in tracing FSIS received 40 comments on the this provision from the final rule and products back to specific grinding lots. proposed rule from individuals, has adjusted the paperwork burden Response: FSIS does not believe that retailers, beef producers and processors, estimates and costs accordingly. including retail product names on beef industry and retail trade groups, Comment: An independent grocers’ records listing source materials used to consumer advocacy groups, an trade group suggested removing the produce those products is practical. organization representing food and drug requirement to record supplier lot Products from different source materials officials, a State department of numbers and production dates. may have the same name, e.g., 80/20 agricultural and rural development, a Response: Supplier lot numbers and Ground Chuck. In addition, products food technology company, and two production dates are necessary to from the same source materials may be members of Congress. Most of the identify product at a supplier’s location marketed differently. For example, commenters supported the proposed that may be associated with an outbreak. packages of ‘‘Bob’s Ground Beef’’ and rule. Industry groups supported By including supplier lot numbers and ‘‘Jan’s Ground Beef’’ may originate from recording information for effective production dates, investigators can more the same lot of source materials, despite investigation in the event of a foodborne easily and quickly determine the source bearing different retail names. illness outbreak but stated that the costs of a foodborne illness outbreak and limit FSIS is also not requiring official of compliance were higher than the amount of product recalled. establishments and retail stores to label estimated, and that several pieces of Comment: Industry groups generally retail products with timestamps or information were unnecessary or overly opposed recordkeeping for customer- production lot codes to identify them burdensome. A summary of the relevant requested grinds. They stated that it was with the specific lot or lots of ground issues raised by the commenters and the impractical to clean grinding equipment beef from which they were produced. Agency’s responses follows. between customer requests, meat case Retail ground beef products can usually items usually lack supplier information, be traced back to their specific grinding 1. Covered Entities and public health benefits from logging lots through stores’ inventory data, the Comment: Consumer and retail trade these grinds would be limited. One meat product’s date and time of sale, and groups stated that the rule should apply industry trade group suggested only information stored on customers’ to supermarkets, grocery stores, meat requiring the proposed recordkeeping shopper cards. Once a retail product is markets, warehouse clubs, cooperatives, provisions for customer-requested traced back to the grinding lot or lots,

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the records required by this final rule contamination. Countries that export in-person food safety education through will enable FSIS investigators to beef to the United States may choose to the mobile Food Safety Discovery Zone). identify the source materials, suppliers, establish recordkeeping requirements Nonetheless, recordkeeping by retail and production lots from which the consistent with this rule. However, they establishments will more quickly and product was produced. may also have other means to track the efficiently address the concerns (i.e., Comment: Industry groups opposed necessary information. traceback and identifying sources of recording the names, points of contact, 5. Other Species human illness when beef ground in and phone numbers of suppliers retail stores is the vehicle for those because FSIS already has this Comment: Individual commenters illnesses) raised in this final rule. information through PHIS. and food safety groups believed that the Response: FSIS agrees that the names, rule should apply to ground product 7. Supplier Process Control Actions points of contact, and phone numbers of produced from swine, poultry, lamb, Comment: One individual urged official establishments supplying source and turkey. official establishments to improve materials are already located in the Response: FSIS issued the proposed contamination control at slaughter. A establishment profiles within PHIS. rule to address deficiencies in meat products company that did not Therefore, the establishment numbers of recordkeeping that hampered support the rule believed that suppliers suppliers provide sufficient information investigations into foodborne illness cannot control E. coli, but that the to FSIS, and FSIS has removed those investigations involving raw ground answer is not more recordkeeping pieces of information from the beef. Between 2007 and 2013, FSIS because that does not address the core recordkeeping requirements, leaving the investigated 130 outbreaks of human problem, which is the interdependent requirement that official establishments illness. Of those, 31 (24 percent) were relationship between animals and E. and retail stores keep the establishment linked to beef ground at a retail venue. coli. number of their suppliers of source FSIS did not propose that new records Response: FSIS is continuing to materials. FSIS has updated its be maintained for ground products other address process control actions that paperwork burden and costs estimates than beef because the Agency is most should be taken by beef suppliers to to reflect this change. often impeded in its efforts to trace back control E. coli. For example, FSIS made and identify sources of human illness 3. Use of Sample Grinding Log available updated guidance on testing when beef ground in retail stores is the and high event periods 6 in 2013 and Comment: A consumer group vehicle for those illnesses. FSIS implemented new traceback activities in recommended that FSIS provide a considers the comments requesting 2014.7 However, while better process sample grinding log containing all of the similar requirements for other ground control may reduce the incidence of E. required information. A grocery store product to be outside the scope of this coli O157:H7-adulterated ground beef, it chain and retail trade group stated that rule. grinders should be able to create their will not address the issue of official own logs, so long as all required 6. Consumer Education establishments and retail stores not information is included. A retail trade Comment: A meat processor, a meat keeping adequate records that allow group questioned whether grinders products company, and two individuals effective traceback and traceforward would be required to use the sample log stated that more outreach was needed to activities. Without the records required shown above. educate consumers on how to properly by this final rule, FSIS cannot conduct Response: While FSIS has provided a handle and cook meats. timely and effective consumer sample grinding log that is depicted Response: FSIS promotes consumer foodborne illness investigations and above, FSIS is not specifying in the final awareness of food safety issues and other public health activities through rule how official establishments and encourages proper food preparation the stream of commerce. retail stores must record the required practices. For example, FSIS posts 8. Implementation information. Entities may record the consumer food safety information on its required information as they see fit, so Web page.5 The posted information Comment: An independent grocers’ long as the records of the required includes the kind of bacteria that can be trade group recommended a two-year information are maintained in found in ground beef, specific delayed effective date for small accordance with 9 CFR 320.2 and 320.3. information as to why the E. coli businesses to comply with the rule. Alternatively, the commenter stated that 4. Imports O157:H7 bacterium is of special concern in ground beef, and the best way to small businesses should be exempt from Comment: One individual stated that handle raw ground beef when shopping the rule’s requirements altogether. the proposed rule should apply to and when at home. This Web page also Similarly, a retail trade group believed imported beef. that small retailers would need more Response: FSIS’ regulations do not contains the Food Safe Families Campaign guidelines to keep food safe, time for outreach and training and that apply directly to establishments in implementation would take longer than foreign countries, and retail stores in which tells consumers to cook ground beef to a safe minimum internal anticipated by the proposed rule foreign countries are not eligible to ° ° export product to the United States. To temperature of 160 F (71.1 C) as measured with a food thermometer. 6 Compliance Guideline for Establishments be eligible to export raw beef product to Sampling Beef Trimmings for Shiga Toxin- the United States, countries must FSIS also provides food safety education Producing Escherichia coli (STEC) Organisms or maintain an equivalent inspection in other forms (e.g., FSIS has continued Virulence Markers, available at: http:// www.fsis.usda.gov/wps/wcm/connect/e0f06d97- system for beef. Therefore, in the event to work with the Ad Council to launch food safety public service 9026-4e1e-a0c2-1ac60b836fa6/Compliance-Guide- of Salmonella or shiga-toxin producing Est-Sampling-STEC.pdf?MOD=AJPERES. announcements, and FSIS staff provide E. coli (STEC) outbreaks, countries that 7 FSIS Directive 10,010.3, Traceback Methodology ship beef to the United States will need for Escherichia Coli (E. Coli) 0157:H7 in Raw 5 FSIS food safety guidance for meat preparation, Ground Beef Products and Bench Trim, available at: to have traceback and traceforward available at: http://www.fsis.usda.gov/wps/portal/ http://www.fsis.usda.gov/wps/wcm/connect/ systems for beef products that allow the fsis/topics/food-safety-education/get-answers/food- ae5e81d0-c636-4de1-93f3-7a30d142ae69/ country to identify the source of safety-fact-sheets/meat-preparation. 10010.3.pdf?MOD=AJPERES.

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because of the need to create or modify webinars to explain the requirements of food safety officials asked how FSIS records forms. this final rule and answer questions would enforce the rule and urged FSIS Response: FSIS has provided sample from official establishments, retailers, to work more cooperatively with State grinding logs in this rule and the and other organizations. FSIS will also and local food safety agencies. The proposed rule. Small businesses may provide guidance to small businesses commenter also recommended that local use these logs, or any other through its Small Plant Help Desk and officials have access to the new records, recordkeeping system they wish, to Small Plant News newsletter, and at as they are often involved at the earliest record the required information. FSIS industry conferences, exhibitions and stages of an outbreak. believes that the recordkeeping workshops. Response: The FMIA provides FSIS requirements are straightforward and do with authority to require specified 10. Retention and Maintenance of not require extensive training or persons, firms, and corporations to keep Records guidance materials. FSIS has also not records that will fully and correctly adopted the proposed requirements that Comment: A food-safety non-profit disclose all transactions involved in grinders record and maintain records of organization suggested that records their businesses subject to the FMIA and the weight of each source material used required under this rule be retained for to provide access to facilities, inventory, in a grinding lot, and the names, points at least ninety days. A grocery store and records (21 U.S.C. 642). If official of contact, and phone numbers of each chain believed six-to-twelve months establishments do not maintain the official establishment supplying source would be adequate. A retail trade group required records, FSIS will issue material. believed six months was appropriate. noncompliance records. FSIS may also In addition, as is discussed above, The latter two commenters mentioned take any regulatory control actions as FSIS has advised official establishments that frozen beef should be consumed defined in 9 CFR 500.1(a), including the and retailers to maintain these types of within three to four months. tagging of product, equipment, or areas. records since 2002. Nonetheless, in Response: While ground beef is safe FSIS personnel conduct in-commerce response to comments, this final rule indefinitely if kept frozen, it will lose surveillance related to wholesomeness, provides that retailers and official quality over time. FSIS recommends adulteration, misbranding, sanitation, establishments will have 180 days from consuming fresh ground beef within two and recordkeeping.10 When this rule the date of publication of this final rule days and frozen ground beef within four becomes final, FSIS compliance 9 to comply with its requirements. This months. These recommendations investigators will verify that retail effective date should provide industry suggest that records documenting the grinders meet the recordkeeping sufficient time to comply with the grinding of raw beef need only be kept requirements. If compliance requirements because FSIS has for a short period of time. However, the investigators find they do not, they may simplified the requirements originally Agency is aware that consumers do not issue a Notice of Warning to the retail proposed, and FSIS will ensure that always follow such recommendations, store. establishments and retailers are aware of sometimes keeping ground beef in their If FSIS personnel find noncompliance the new requirements through the freezers for up to a year, for example. at an official establishment, the Agency outreach activities discussed below and FSIS is therefore requiring in the final could issue non-compliance reports, through partnering with the States and rule that official establishments and letters of warning, or request the other organizations, such as retail retailers maintain the prescribed records Department of Justice to initiate a civil organizations. for one year (9 CFR 320.3). proceeding in Federal court to enjoin Comment: A trade group representing the defendant from further violations of 9. Training food safety officials stated that records the applicable laws and regulations. If should always be maintained at the Comment: One consumer group FSIS personnel find noncompliance at a location where the beef was ground. recommended face-to-face contact by retail facility, the Agency may issue Response: This final rule amends 9 FSIS with entities that grind raw beef to notices of warning or request the CFR 320.2 to require that official explain the rule’s requirements. A beef Department of Justice to initiate a civil establishments and retail stores producers’ trade group encouraged FSIS proceeding to enjoin the defendant from maintain the required records at the to conduct outreach through webinars further violations of the applicable laws place where the raw beef is ground. This and by attending industry meetings. and regulations. approach, along with the shorter record One individual stated that operators States with their own meat and retention period being required in 9 CFR should be trained to understand the poultry inspection (MPI) programs will 320.3, balances the burden on retailers risks of E. coli in grinding. Another need to be aware of the requirements of of storing records for the necessary individual suggested more training on this rule and are required to enforce period of time with the needs of keeping logs, proper attire, and hand- requirements ‘‘at least equal to’’ the investigators to have such records washing. A State agriculture department Federal inspection program. Therefore, available at the grinding location. believed it would incur costs associated they will need to require that with responding to questions from 11. Enforcement establishments under State inspection grinders and training State personnel to Comment: Three individuals stated maintain records consistent with what field such questions appropriately. FSIS is requiring. Response: As noted above, the that FSIS should assess additional fines or penalties to enforce the final rule’s FSIS will also explore ways to partner recordkeeping requirements in the final with States, with or without MPI rule are straightforward and do not requirements. A consumer group recommended FSIS perform verification programs, so that State employees can require extensive training or guidance provide information about the materials. FSIS will update its checks at retailers to monitor compliance. A trade group representing recordkeeping requirements to grocery Sanitation Guidance for Beef Grinders,8 stores, help them to keep logs in the which includes sample grinding logs 9 FSIS Ground Beef and Food Safety, available at: most efficient and effective way and instructions, and will hold http://www.fsis.usda.gov/wps/portal/fsis/topics/ food-safety-education/get-answers/food-safety-fact- 10 FSIS Directive 8080.1, Rev. 4, Methodology for 8 Available at: http://www.fsis.usda.gov/shared/ sheets/meat-preparation/ground-beef-and-food- Conducting In-Commerce Surveillance Activities, PDF/Sanitation_Guidance_Beef_Grinders.pdf. safety/CT_Index. April 24, 2014.

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possible, and provide other information but preserves the information needed by establishments and retail stores that that will enhance the efficiency and investigators. grind raw beef. The 2008 study found effectiveness of store efforts. FSIS Comment: A grocery store chain that 74 percent of chain retail stores and intends to provide information to State disagreed with FSIS’s estimates of 12 percent of independent retail stores officials about the grinding logs grinds per day and average number of kept grinding logs. Of the stores that requirement during regular monthly suppliers at retail, suggesting that beef kept grinding logs, the study reported Webinars that FSIS conducts for State is ground every day, several times per that 78 percent of those logs were MPI Directors and State HACCP day as needed, and with several incomplete (79 FR 42471). Although Contacts and Coordinators. different cases of raw material. A retail insufficient voluntary recording is one FSIS also routinely cooperates with trade group estimated more average impetus for this rule, FSIS is not aware State and local authorities to conduct grinds at retail per day than FSIS’s of any instance when official effective foodborne illness estimate, stating that its average member establishments and retail stores that investigations, including by sharing grinds four times per day. A State were keeping necessary records epidemiological data, records, and agriculture department and a beef discarded source material in lieu of investigative resources. FSIS intends to producers’ trade group urged further recording necessary records. Therefore, provide information to State and local study of the economic impact of the rule FSIS concludes that the costs of authorities during the course of these on small businesses, including feedback recordkeeping will rarely be greater than illness investigations about the role that from industry. A retail trade group the costs of discarding bench trim, and grinding logs can play in facilitating estimated that the time needed for the that the amount of product discarded as these investigations. proposed recordkeeping is much higher a result of the rule should be negligible. per respondent per year than estimated 12. Grinding Frequency and Time by FSIS, suggesting that a conservative 14. Effect on Small Businesses Burden estimate would be 214 hours per year. Comment: An independent grocers’ Response: FSIS has taken into account Comment: To reduce costs, a grocers’ trade group stated that the proposed comments on the amount of time trade group stated that FSIS should rule would have a significant economic required for recordkeeping and made require records only for all source impact on a substantial number of small adjustments to its cost estimate. For the materials used in grinds during a single entities, and, therefore, FSIS must final estimates, FSIS adjusted the production day, requiring a new log for conduct an initial regulatory flexibility average number of recordkeeping tasks production that would begin only after analysis. per day at official establishments and the end-of-day full cleaning of the retail stores from one to a range of four- Response: While the rule will affect a grinding equipment. Several to-five-and-a-half, plus an additional substantial number of small businesses, commenters also stated that many retail task if an entity conducts a grind the cost of complying with the proposed stores grind several times per day and composed of only trim. FSIS also regulations will be relatively small on a may use several different suppliers, adjusted the assumed time required to per firm basis. FSIS has provided significantly increasing recordkeeping complete a record at official guidance and a sample grinding log, costs. establishments and retail stores to which FSIS will update as appropriate. Response: In the proposed rule, FSIS account for multiple source materials, Similar guidance is available from other considered requiring documentation of from 30-to-90 seconds to one minute for providers, including industry information on a weekly basis, but grinds not including trim, two minutes associations.11 Entities can use these rejected this approach because it would for grinds including trim and other materials to minimize the costs of their be difficult to differentiate between lots ground beef components, and six-to-ten recordkeeping programs. In addition, as ground from different suppliers minutes for trim-only grinds. Trim-only is discussed above, FSIS will hold throughout the week (79 FR 42469). The grinds are usually composed of trim webinars to provide small businesses same holds true for daily logs. In either from different suppliers and production additional information on the rule and situation, investigators would be unable lots. Therefore, more time is needed to will publish information through its to effectively conduct traceback and document the required information as Small Plant Help Desk and Small Plant traceforward activities in the event of an compared to other grinding activities. In News newsletter. The fact that a number outbreak because of limited detail. FSIS updating these estimates, FSIS has taken of small firms already maintain is not dictating how often the required into account, in addition to the adequate grinding records suggests that information must be physically comments, the changes in the final rule the cost of the practice is not prohibitive recorded. Under the final rule, the concerning required records. to doing business. required information must be recorded Specifically, FSIS is using the low end 15. Definition of a Lot of Ground Beef whenever any of the information of time estimates from the comments required for the lot of product being because, for the final rule, FSIS has Comment: A beef industry trade group ground changes. For example, if an significantly reduced the information commented that some ground beef entity uses the same source material for required to be kept compared to the producers have different definitions for multiple grinds throughout the day, it proposed rule. ‘‘lots’’ or ‘‘batches’’ of ground beef. would only need to record the source 13. Waste material information (9 CFR 11 Food Marketing Institute, Comprehensive 320.1(b)(4)(i)(A)–(C)) once but would Comment: Two individuals and an Guide Meat Ground at Retail Recordkeeping and need to record the date and time of each independent grocers’ trade group stated Sanitation, available at: http://www.fmi.org/docs/ default-source/food-safety-best-practice-guides/ grind (9 CFR 320.1(b)(4)(i)(D)). that retailers would simply throw out meat-ground-at-retail-comprehensive-guide.pdf? However, if a store or establishment bench trim to avoid the recordkeeping sfvrsn=6. Conference for Food Protection, Guidance were to start using a different supplier requirements. Document for the Production of Raw Ground Beef or lot number during the day, it would Response: In its proposed rule, FSIS at Various Types of Retail Food Establishments, available at: http://www.foodprotect.org/media/ need to document that change (9 CFR considered a 2008 study that found that guide/CFP%20Beef%20Grinding%20Log%20 320.1(b)(4)(i)(B)). This approach recording grinding information is Template%20Guidance%20Document%20-%208- minimizes the recordkeeping burden already prevalent among official 8-2014.pdf.

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Response: FSIS did not propose a Agency may issue notices of warning or Need for the Rule definition for a ‘‘lot’’ of ground beef in request the Department of Justice to During investigations of foodborne the proposed rule. In response to this initiate a civil proceeding to enjoin the illness outbreaks attributed to ground comment, and for the sake of defendant from further violations of the beef, grinding records are an important consistency in implementing this final applicable laws and regulations. part of the traceback and traceforward rule, FSIS has added a new 9 CFR processes. Without accurate records, it 320.1(b)(4)(iii), which defines a lot. Executive Orders 12866 and 13563 and Regulatory Flexibility Act is difficult to identify where ground beef components originated. If investigators Implementation Executive Orders 12866 and 13563 cannot identify a source, it is likely that All retailers and official direct agencies to assess costs and adulterated product will remain in establishments will have 180 days from benefits of available regulatory commerce and more consumers will eat the date of publication of this final rule alternatives and, if regulation is the product and become ill. Delays in to comply with its requirements. necessary, to select regulatory identifying the source of contamination As is discussed above, this rule does approaches that maximize net benefits can also negatively affect sales of not prescribe the method by which (including potential economic, ground beef due to loss in consumer official establishments and retail stores environmental, public and safety effects, confidence. Despite efforts by FSIS, must keep the required information but distributive impacts, and equity). industry associations, and other does require that the information be Executive Order 13563 emphasizes the regulators to provide retailers and kept at the location where the beef is importance of quantifying both costs official processing establishments with ground. The records must be retained and benefits, of reducing costs, of guidance and examples of best for one year after the transaction giving harmonizing rules, and of promoting practices, the current level of rise to the record (grinding) occurred. flexibility. This rule has been recordkeeping is still less than what is FSIS will update its Sanitation designated a ‘‘non-significant regulatory 12 needed for timely and accurate Guidance for Beef Grinders, which action’’ under section 3(f) of Executive currently includes sample grinding logs traceability investigations. Order 12866. Accordingly, this rule has Traceability systems are a potential and instructions, and hold webinars to not been reviewed by the Office of explain the requirements of the final way to lessen the costs of foodborne Management and Budget. illness outbreaks and other food safety rule and answer questions from official In updating the preliminary events. In the case of private regulation, establishments, retailers, and other regulatory impact analysis of the each firm will ultimately decide what organizations. FSIS will also provide proposed rule, FSIS has made several level of traceability to implement on the information to small businesses through changes in response to public comments basis of costs and potential benefits, its Small Plant Help Desk and Small and newly available information. such as smaller losses of reputation and Plant News newsletter. FSIS will Specifically, FSIS has made the reduced liability costs during foodborne provide guidance to State MPI programs following changes in the final regulatory illness outbreaks.13 Some firms may on the requirements of this rule and impact analysis: decide not to invest at all. Insufficient seek to partner with States to ensure D Increased the number of retail firms traceability, however, is not optimal for that the requirements of this rule are in the baseline using new U.S. Census the industry as a whole.14 In some cases communicated to official establishments Bureau data; inspected by State MPI programs and to D Added assumptions about the industry associations and third parties retail stores that grind raw beef. FSIS percentage of retail firms that grind raw can influence firms to adopt traceability will also work with States and beef; measures, but in the case of grinding universities around the nation to D Incorporated new distributions records, these efforts have not achieved 15 conduct outreach workshops targeted to relating to source materials used to an acceptable level. retailers and official establishments to reflect the complexity of grinding Forms of private regulation, such as explain the requirements of the rule. operations; those currently in place for raw beef Records of the required information D Adjusted the time estimates for grinding entities, are vulnerable to firms must be made available to authorized recordkeeping activities, the frequency that do not invest their fair share to the USDA officials upon request (9 CFR of recordkeeping tasks, and the number detriment of others, commonly referred 16 300.6(a)(2)). These officials may of active grinding days per week based to as the ‘‘free rider’’ problem. In the examine and copy such records (9 CFR on comments received; event of a foodborne illness outbreak 320.4). At official establishments, FSIS D Added estimates of labor to inspection personnel will verify incorporate recordkeeping for grinds, 13 Hobbs, Jill E., (2004) ‘‘Information Asymmetry and the Role of Traceability Systems,’’ compliance. As is discussed above, if including pieces of trim and customer- Agribusiness, Vol. 20 (4), 397–415, available at: FSIS personnel find noncompliance at requested grinds; http://onlinelibrary.wiley.com/doi/10.1002/ an official establishment, the Agency D Updated the wage rate and benefits agr.20020/pdf. could issue non-compliance reports, factor for firm employees that record or 14 McEvoy, David M. and Souza-Monteiro, Diogo maintain required records based on the M., (2008) ‘‘Can an Industry Voluntary Agreement letters of warning, or request the on Food Traceability Minimize the Cost of Food Department of Justice to initiate a civil newest available information; Safety Incidents?’’ 12th Congress of the European proceeding in Federal court to enjoin D Added discussion about Association of Agricultural Economists, Gent, the defendant from further violations of unquantified costs associated with Belgium, July 26–29, available at: http:// the applicable laws and regulations. At maintaining records for customer- ageconsearch.umn.edu/bitstream/43860/2/397.pdf. requested grinds; and 15 Gould, Hannah L. et al. (2011) ‘‘Recordkeeping retail stores, FSIS compliance Practices of Beef Grinding Activities at Retail investigators will verify that retail D Expanded the benefits discussion to Establishments,’’ Journal of Food Protection, Vol. 74 grinders meet the recordkeeping include benefits not previously (6), 1022–1024, available at: http:// requirements. If compliance addressed, such as the mitigation of www.ncbi.nlm.nih.gov/pubmed/21669085. 16 investigators find they do not, the costly spillover effects from foodborne Havinga, Tetty, (2006) ‘‘Private Regulation of illness outbreaks, and the incentive Food Safety by Supermarkets,’’ Law and Policy, Vol. 28 (4), 515–533, available at: http://www.ru.nl/ 12 Available at: http://www.fsis.usda.gov/shared/ traceability provides to produce safe publish/pages/552245/ PDF/Sanitation_Guidance_Beef_Grinders.pdf. product. havingasupermarketslapo2006.pdf.

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attributed to ground beef, if traceback is Mandatory recordkeeping requirements Grocery (except Convenience) Stores. conducted at an entity that maintains can help to reduce moral hazard by FSIS found that there are 21,543 stores adequate records, there is a strong increasing the chances that adulterated owned by large firms (≥500 employed), chance that the source of contamination product is traced back to its source, and 44,504 stores owned by small firms will be identified. When this happens, thereby strengthening the incentives for (<500 employed). FSIS is aware that not losses in reputation, consumer fabricators of ground beef components all supermarkets and grocery stores confidence, and sales are generally to supply the safest product that they grind beef in store. However, for the limited to the firm supplying the can produce. purposes of the cost estimate, FSIS adulterated product. Other firms, such assumed that 100 percent of Industry Baseline as the retailers (both those that invest in supermarkets and grocery stores grind traceability and those that do not), are FSIS has identified four groups of beef. While this results in a minor to some degree insulated from negative businesses that will be subject to the overestimate, FSIS lacks the data spillover effects. In this case, free-rider final rule. needed to support a different firms—those that do not invest in 1. Official, federally-inspected assumption. traceability—benefit from the establishments that grind beef: FSIS 3. Meat markets that grind beef: FSIS investments of others. used information from PHIS to used the 2012 SUSB Census data to If, however, traceback occurs at a firm determine the number of federally that does not invest in recordkeeping, inspected establishments subject to FSIS determine the number of stores under the chances of investigators successfully sampling of ground beef product for E. the NAICS code 445210—Meat Markets. tracing adulterated product to its source coli O157:H7 and Salmonella in the past FSIS found that there are 123 stores are low. An illness outbreak attributed calendar year (2014). To ensure that owned by large firms, and 5,105 stores to ground beef in which the source is only those establishments that receive owned by small firms. The NAICS code unidentified will negatively affect ground beef components from a supplier for meat markets includes six ground beef producers and retailers are included in the total, FSIS excluded subcategories, three of which do not indiscriminately. In this case, firms that those establishments that also grind beef, including Baked Ham Stores, have invested in traceability will bear slaughtered beef in the past calendar Frozen Meat Stores, and Poultry costs that could have been avoided were year.18 Using the Hazard Analysis and Dealers. To account for these stores, it not for the free-rider firm. Mandatory Critical Control Point (HACCP) size FSIS assumed that 50 percent of large recordkeeping requirements will help to categories available in PHIS, FSIS stores and 50 percent of small stores in eliminate insufficient traceability determined that there are 12 large this category grind beef. systems and therefore mitigate the free establishments and 1,132 small 4. Warehouse clubs and supercenters rider problem. (including HACCP size small and that grind beef: FSIS used the 2012 Inadequate traceability systems can HACCP size very small) establishments SUSB Census data to determine the also contribute to moral hazard, which, that fall into this category. number of stores under the NACIS code in the case of ground beef, is a lack of 2. Supermarkets and other grocery 452910—Warehouse Clubs and incentives to produce a safe product.17 stores that grind beef: FSIS used data Supercenters. FSIS determined that Producers of ground beef components from the U.S. Census Bureau to there are 5,124 such stores owned by endeavor to produce safe product determine the number of grocery stores large firms, and 40 stores owned by because the consequences of producing in the U.S. Specifically, FSIS used the small firms. FSIS is aware that not all unsafe product are great. However, if 2012 Statistics of U.S. Business (SUSB) warehouse clubs and supercenters grind adulterated ground beef is often unable data set 19 to determine the number of beef in store. To account for this, FSIS to be traced back to its source, stores under the North American assumed that 20 percent of large stores producers face less risk when the Industry Classification System (NAICS) and 100 percent of small stores grind components they produce are unsafe. code 445110—Supermarkets and Other beef.20

TABLE 4—ENTITIES THAT GRIND RAW BEEF

Entity type Total entities Percent grinding Entities grinding Establishment type Large Small Large Small Large Small

Official Establishments...... 12 1,132 100 100 12 1,132 Supermarkets and Other Grocery Stores 21,543 44,504 100 100 21,543 44,504 Meat Markets ...... 123 5,105 50 50 62 2,553 Warehouse Clubs and Supercenters ...... 5,124 40 20 100 1,025 40

Total ...... 26,802 50,781 ...... 22,641 48,229 Values in Table may not sum to totals because of rounding.

17 Starbird, S. A., Amanor-Boadu, V., and Roberts, not need to keep records pertaining to suppliers. 20 FSIS was able to determine that the majority of T. (2008) ‘‘Traceability, Moral Hazard, and Food While it is possible that some official large stores in this category do not grind beef in Safety,’’ 12th Congress of the European Association establishments both slaughter beef and receive store because two large firms which account for of Agricultural Economists, available at: http:// components from other official establishments for approximately 80 percent of supercenters have ageconsearch.umn.edu/bitstream/43840/2/EAAE_ grinding, the number of such establishments is ceased this practice. These firms purchase beef pre- 0398.pdf. likely very small. ground and pre-packaged from federally inspected 18 If an official establishment slaughters beef, then 19 U.S. Census Bureau, (2012), Statistics of U.S. it is likely the only source of components for its Businesses, accessed January 28, 2015, available at: establishments or have it shipped from one of their own ground beef production, and therefore it would http://www.census.gov/econ/susb/. other branded chains.

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To estimate the number of entities percent of those logs as incomplete.21 percent*78 percent), and 26 percent no that are already maintaining adequate For the purposes of this estimate, FSIS records. For small entities, the records, FSIS used a Centers for Disease used the chain stores surveyed in the distribution is approximately 3 percent Control and Prevention (CDC) study of study as a proxy for large retailers and complete (12 percent*(1–78 percent)), 9 ground beef recordkeeping practices at official establishments, and the percent incomplete (12 percent*78 retail stores and applied the independent stores as a proxy for small percent), and 88 percent no records. distributions in the study to the entities retailers and official establishments. FSIS applied these distributions to the that grind raw beef. The study found Therefore, the recordkeeping set of all grinding entities in Table 4, that 74 percent of chain retail stores and distribution of large entities based on above. The current recordkeeping 12 percent of independent retail stores the survey results is approximately 16 practices of beef grinding entities are kept grinding logs. Of the stores that percent complete (74 percent*(1–78 displayed in Table 5. kept grinding logs, the study reported 78 percent)), 58 percent incomplete (74

TABLE 5—BASELINE RECORDKEEPING PRACTICES AT ENTITIES THAT GRIND RAW BEEF

Distribution Entity size Recordkeeping (percent) Entities

Large ...... Complete ...... 16 3,686 Incomplete ...... 58 13,069 No Records ...... 26 5,887

Total ...... 22,641 Small ...... Complete ...... 3 1,273 Incomplete ...... 9 4,514 No Records ...... 88 42,441

Total ...... 48,229 Values in table may not sum to Totals because of rounding.

Alternative Regulatory Approaches (2) Regulated Daily Recordkeeping pieces of information from the Program: FSIS considered requiring that requirements that were included in the FSIS considered a number of retail stores and official establishments proposed rule, ensuring that only the alternatives designed to achieve the maintain grinding records such that necessary information for traceability is regulatory objective outlined in the each producer recorded grinding maintained. Requiring records that Need for the Rule section. The final rule activities once per day, and information pertain to each individual grind was chosen as the least burdensome, on all suppliers that were used during guarantees that investigators will be able technically acceptable regulatory that day but not on when during the day to identify the components included in approach to ensure that adequate those suppliers were used. Daily an adulterated package of ground beef, grinding records are maintained for the recording may have been sufficient if creating a narrower list of potential purposes of outbreak investigation and entities typically cleaned their sources of adulterated product and product trace back. While some equipment once a day, rarely changed increasing the chances that the source of alternatives would result in lesser costs suppliers, and conducted few grinds per contamination is identified. FSIS has to industry, and some alternatives day, but FSIS has found that the determined that this alternative is the would result in more complete majority of retailers grind product and least burdensome option that achieves information for outbreak investigators, clean their equipment multiple times the regulatory objective. in FSIS’s judgment the final rule is the per day. A single daily recordkeeping (4) More Detailed Recordkeeping alternative that maximizes net benefits. task is, therefore, insufficient to provide Program: FSIS also considered Cost estimates were developed for the the necessary information for traceback expanding the proposed recordkeeping final rule but not for the rejected and could inhibit FSIS’s ability to requirements to include all fields alternatives because the costs for these identify suppliers during ongoing suggested in the 2009 FSIS guidance (all alternatives are discernibly higher or outbreaks. In addition, the time savings fields in the Table 2 sample log). This lower because of the amount of time of daily recordkeeping over per-grind approach would provide FSIS with spent on recordkeeping. recordkeeping is likely low since most more detailed records to use during an Alternatives Considered of the same information will need to be investigation, which may improve kept. Therefore, FSIS rejected this traceability slightly. However, the small (1) Encouraging rather than requiring alternative. improvement in the trace back process grinding records: FSIS provided (3) The Final Rule: The chosen provided by the additional level of industry voluntary guidelines (see Table alternative requires that retail stores and detail would place an unnecessarily 2) in 2009. As stated previously, the official establishments maintain large burden on those entities that grind Agency has concluded that a policy of grinding records such that each product and must keep records. Any voluntary guidelines for recordkeeping producer must record the required such small improvement would not has not ensured that all official information whenever any of the outweigh the costs incurred for keeping establishments and retail stores required information for the lot of the more detailed records. For this maintain complete records that will product being ground changes. To reason, FSIS decided to require that ensure quick identification of minimize the burden placed on these only the most critical information be contaminated product. entities, FSIS has removed certain recorded. Other information, including

21 See footnote 3.

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that which appears on the sample log, The costs and benefits of the final rule is voluntary. and each regulatory alternative are displayed in Table 6.

TABLE 6—REGULATORY ALTERNATIVES CONSIDERED

Alternative Costs Benefits

(1) Encouraging Voluntary No additional costs ...... No additional benefits. Recordkeeping. (2) Regulated Daily Record- Slightly less costly alternative to industry due to small Improvement over voluntary recordkeeping because keeping. time savings over per-grind recordkeeping. records are required and must be created every day of grinding, but the records will in most cases not be detailed enough to facilitate traceability. Therefore, any benefits that can realistically be expected will be minimal, and the objective of facilitating traceability will not be met. (3) The Final Rule ...... $59.3 million ($48.5 million to $70.2 million) annual Achievement of regulatory objective resulting in benefits costs to the industry, plus additional costs associated to consumers in the form of averted foodborne ill- with recording the source of trim and customer-re- ness, to retailers and official establishments grinding quested grind components. Potential slight costs to components from suppliers in the form of less costly consumers. outbreaks and recalls, and to official establishments supplying ground beef components in the form of less costly recalls and insulation from costly spillover effects during food safety events. (4) More Detailed Record- Most costly alternative to industry ...... Achievement of regulatory objective resulting in the keeping. benefits described above. Potential for small increase in traceback speed and therefore small increase in avoided illnesses.

Expected Costs of the Final Rule of the many variations in how retail Therefore, FSIS does not anticipate that stores will deal with the requirements entities will incur significant costs for Costs to Industry and the relatively small number of the development of records and Retailers and official establishments customer grinds that take place. standard operating procedures. FSIS that grind raw beef will incur costs to Entities may incur other costs for also believes that training for comply with the final rule. These training and investment should they recordkeeping can be done informally, include the labor cost of employees who choose to implement complex on the job, and will therefore result in record and maintain the records, storage recordkeeping systems. Electronic minimal costs. Also, as noted above, costs, and those costs associated with recordkeeping options exist, which are FSIS will conduct webinars and provide trim and customer-requested grinds. likely more expensive than paper guidance to help inform industry of the FSIS has attempted to estimate the cost records but provide additional benefits new requirements, which will help of labor and storage using information such as improved accuracy, lower labor minimize training costs. obtained from industry associations, the requirements, useful reporting and To estimate the labor costs associated U.S. Census Bureau, the U.S. Bureau of recall management tools, and supply- with recordkeeping, FSIS divided the Labor Statistics, a commercial real estate side management functions. Firms will entities keeping no records and services firm report, and public decide individually whether these incomplete records into categories based comments. systems are suitable to their needs, and on three basic types of grinding In order to keep adequate records the proportion of those choosing more activities: when grinding trim, entities will need to complex systems is uncertain. For the 1. No trim—grinds in which no trim keep track of the source of each cut of purposes of the cost estimate, FSIS has is used, only chubs of ground beef; beef from which the trim was separated. only estimated costs and benefits of the 2. With trim—grinds in which trim is If not all of the trim is ground in a single basic, paper-based system of added to chubs of ground beef; and batch, then entities will need to record recordkeeping. FSIS assumes that if 3. Trim-only—grinds consisting only each lot in which the trim is used. firms choose to invest more in their of trim. Similarly, if retail stores grind beef at recordkeeping systems, they will do so Using distributions from the CDC the request of customers, they will need because the benefits achieved outweigh recordkeeping study, FSIS was able to to record the required information for the costs. estimate the number of official that small grind if new source materials Model records are available in the establishments and retail stores that do are used. How entities choose to deal preamble of this final rule, on the FSIS not use trim in their grinds (no trim), with the requirements will differ, and Web site,22 and on the Web sites of that use trim in their grinds (with trim), the costs associated with these industry associations. Best practices and and that use no trim in some grinds and requirements will vary greatly because guidance for beef grinders are also of differences in firm size, component available from a number of sources.23 Recordkeeping and Sanitation,’’ accessed February 12, 2015, available at: http://www.fmi.org/docs/ ordering practices, and grinding default-source/food-safety-best-practice-guides/ practices. FSIS used labor-time 22 FSIS, (2012) Sanitation Guidance for Beef meat-ground-at-retail-comprehensive- estimates from a grocery store chain’s Grinders, available at: http://www.fsis.usda.gov/ guide.pdf?sfvrsn=6. Beef Industry Food Safety public comments to estimate additional wps/wcm/connect/b002d979-1e1e-487e-ac0b- Council, (2005) ‘‘Best Practices For Retailer f91ebd301121/Sanitation_Guidance_Beef_ Operations Producing Raw Ground Beef,’’ accessed costs related to grinding trim. FSIS left Grinders.pdf?MOD=AJPERES. February 12, 2015, available at: https:// additional costs related to customer 23 Food Marketing Institute, (2013) www.bifsco.org/CMDocs/BIFSCO/ requested grinds unquantified because ‘‘Comprehensive Guide Meat Ground at Retail Best%20Practices/bestpracticesforretail4-05.pdf.

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only trim in others (trim-only). While into the three defined categories, these of the cost estimate. The categorization there are likely other combinations of categories are sufficient for the purposes of entities is displayed in Table 7. practices, and not all entities will fall

TABLE 7—ENTITIES CATEGORIZED BY TYPES OF GRINDING PERFORMED

Size Recordkeeping Entities Trim or no trim Trim practices Entities

Large ... Incomplete ...... 13,069 Using Trim (91%) ...... Trim-Only (90%) ...... 10,703 With Trim (10%) ...... 1,189 No Trim (9%) ...... 1,176 No Records ...... 5,887 Using Trim (91%) ...... Trim-Only (90%) ...... 4,821 With Trim (10%) ...... 536 No Trim (9%) ...... 530 Small .... Incomplete ...... 4,514 Using Trim (61%) ...... Trim-Only (52%) ...... 1,432 With Trim (48%) ...... 1,322 No Trim (39%) ...... 1,761 No Records ...... 42,441 Using Trim (61%) ...... Trim-Only (52%) ...... 13,462 With Trim (48%) ...... 12,427 No Trim (39%) ...... 16,552 Values in table may not sum to Totals because of rounding.

FSIS assigned time estimates for each trim grinds 4 to 5.5 times per day and 6 days per week × 50 percent of the three types of grinds based on then perform an additional trim-only (incomplete records) = 46.7 minutes per public comments. For no trim grinds, grind (for a total of 5 to 6.5 per day). week. FSIS assumed that recordkeeping would Further, FSIS estimated that If the store in the example above take approximately 1 minute per approximately 90 percent of retailers started with no records, the 50-percent grind.24 For with trim grinds, FSIS perform customer-requested grinds, and factor would be removed, increasing the assumed that the number of components that those grinds make up 1 percent of time burden to 60.3 to 93.4 minutes per 27 would approximately double, and the total grinds. FSIS estimated that week. If instead the store were an therefore recordkeeping would take the recordkeeping for customer- official establishment, the customer about 2 minutes. For trim-only grinds, requested grinds would take about 1 grinds would be removed, resulting in a FSIS assumed that recordkeeping would minute. Customer-requested grinds were burden of 30 to 46.5 minutes per week. vary depending on the number of not applied to official establishments. Finally, FSIS estimated that the average Time estimates were calculated for sources and take approximately 6 to 10 each entity in Table 7 and then 25 retailer grinds 6 days per week.28 minutes per grind. If an entity is multiplied by 52 weeks for an annual keeping complete records, FSIS To illustrate the time estimate, FSIS has provided the following example of estimate. To calculate the cost of this assumed that it would not incur any added labor, FSIS estimated that the additional costs; if an entity is keeping a retail store that does trim-only grinds, performs customer-requested grinds, recordkeeping would be performed by no records, it would incur costs an employee paid at the Bureau of Labor associated with the full labor time and has incomplete records: D Low Estimate: [4 grinds per day × 1 Statistics ‘‘Butchers and Meat Cutters’’ estimate, and if an establishment is min per grind (no trim) + 1 grind per (occupation code 51–3021) mean hourly keeping incomplete records, FSIS day × 6 min per grind (trim-only) + {5 wage rate of $14.40.30 To account for assumed it would incur costs associated grinds (no trim + trim-only) * 1/99 29} benefits paid to these employees, such with half of the labor time estimate. grinds per day × 1 min per grind as paid leave and retirement FSIS also relied on public comments (customer request)] × 6 days per week × contributions, FSIS applied a benefits to estimate the number of grinding 50 percent (incomplete records) = 30.2 factor of 1.412 31 to the wage rate, activities completed per day. FSIS minutes per week. resulting in a total compensation rate of consequently estimated that the average D High Estimate: [5.5 grinds per day × $20.33 per hour. FSIS then multiplied entity grinds 4 to 5.5 times per day,26 1 min per grind (no trim) + 1 grind per the labor time estimates by the total with the exception of those that do trim- day × 10 min per grind (trim-only) + compensation rate estimate to get the only grinding. For those entities, FSIS {6.5 grinds (no trim + trim-only) * 1/99} total annual cost of labor, displayed in estimated that they would complete no × 1 min per grind (customer request)] × Table 8.

24 ‘‘60 seconds to fill each grind log entry’’— www.regulations.gov/#!documentDetail;D=FSIS- 30 Bureau of Labor Statistics, May 2013 National Docket ID# FSIS–2009–0011–0035, available at: 2009-0011-0040. Occupational Employment and Wage Estimates, http://www.regulations.gov/ 27 ‘‘90 percent of the retailers that grind beef in accessed February 2, 2015, available at: http:// #!documentDetail;D=FSIS-2009-0011-0035. store perform grinds at a consumer’s request . . . www.bls.gov/oes/current/oes_nat.htm. 25 ± ‘‘8 minutes per day to log beef trim,’’ 2 the figure is 1 percent or less’’—Docket ID# FSIS– 31 Bureau of Labor Statistics, Employer Costs for minutes to account for varying number of 2009–0011–0047, available at: http:// Employee Compensation, September 2014, accessed components—Docket ID# FSIS–2009–0011–0035, www.regulations.gov/#!documentDetail;D=FSIS- February 2, 2015, available at: http://www.bls.gov/ available at: http://www.regulations.gov/ 2009-0011-0047. #!documentDetail;D=FSIS-2009-0011-0035. news.release/ecec.t06.htm. Wages and salaries as a 28 26 Low estimate: ‘‘Grinds raw beef 4x per day’’— ‘‘6x per week’’—Docket ID# FSIS–2009–0011– percentage of total compensation are estimated at Docket ID# FSIS–2009–0011–0034, available at: 0034, available at: http://www.regulations.gov/ 70.8% for all service-providing industries, with http://www.regulations.gov/ #!documentDetail;D=FSIS-2009-0011-0034. total benefits accounting for the other 29.2%. To #!documentDetail;D=FSIS-2009-0011-0034. High 29 (1/99) is the factor used to calculate the number estimate total compensation, FSIS applied a estimate: Midpoint of ‘‘3–8 batches a day’’—Docket of customer-requested grinds as 1 percent of the benefits factor of (29.2%/70.8% + 1) = 1.412 to the ID# FSIS–2009–0011–0040, available at: http:// total grinds. hourly wage rate.

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TABLE 8—ANNUAL LABOR COSTS

Low estimate High estimate Midpoint estimate Entity size ($mil) ($mil) ($mil)

Large ...... 12.24 18.70 15.47 Small ...... 33.54 48.74 41.14

Total ...... 45.78 67.44 56.61 Values in table may not sum to Totals because of rounding.

To account for record storage costs, year of storage (3 sq. ft. × $15.50), and records would be keeping those records FSIS again used distributions of those entities that already kept records for at least 2 years, as required by 9 CFR recordkeeping practices from the for 6 months to 1 year would pay half 320.3(a). For these establishments there aforementioned CDC study.32 According the annual cost, or $23.25. Those would be cost savings associated with to the study, 36 percent of retailers that entities keeping records for greater than one year of reduced storage time maintain records keep them for greater 1 year would have no additional costs equivalent to $46.50. For official than 1 year, 39 percent keep records for because they are already maintaining establishments not maintaining records, 6 months to 1 year, and 25 percent keep records at the minimum level. there would be an additional cost of The distribution from the CDC study records for less than 6 months. FSIS $46.50. FSIS applied the cost savings to was applied to the number of retail assumed that grinding records for a full those official establishments keeping stores keeping complete or incomplete year could be kept in 3 square feet of records, and then multiplied by the records and the additional costs to those storage space, and that the cost of that assumed annual cost of storage. The official establishments keeping no storage would be approximately $15.50 retail stores that do not keep records records, and added those costs and 33 annually. FSIS then assumed that will incur the $46.50 in costs for a full savings to the recordkeeping costs those retail stores that already kept year of storage. estimated for retail stores. The results records, but for less than 6 months, For official establishments, FSIS are displayed in Table 9. would incur $46.50 in costs for a full assumed that those already maintaining

TABLE 9—ANNUAL RECORD STORAGE COSTS

Storage costs Entity size Affected entities ($mil)

Large ...... 16,613 0.62 Small ...... 46,194 2.08

Total ...... 62,807 2.70 Values in table may not sum to Totals because of rounding.

The total cost to industry was annual industry cost estimate are calculated as a sum of the previously displayed in Table 10. estimated costs. The results of the

TABLE 10—TOTAL ANNUAL INDUSTRY COSTS

Low High Midpoint Entity size estimate estimate estimate Unqualified costs ($mil) ($mil) ($mil)

Large ...... 12.86 19.32 16.09 Additional costs associated with the grinding of trim and Small ...... 35.63 50.83 43.23 customer requested grinds.

Total ...... 48.48 70.15 59.32 Values in table may not sum to Totals because of rounding.

Cost to Consumers consumers. In most cases these costs discourage some consumers, the facts should be small. In the case of that customer-requested grinds are so This rule will not result in any direct customer-requested grinds, consumers infrequent, and fees are already applied costs to consumers. It is possible that may end up paying a small fee, as is at some locations, suggest that fees will retailers and official establishments that presently customary at some retail not cause major disruptions to ground grind raw beef will pass on a portion of stores. While this practice may beef sales. Therefore FSIS expects that the increased cost of grinding to

32 See footnote 3. CassidyTurley/Download/Download.ashx?content Neighborhood/Strip Shopping Centers (see page 11) 33 Cassidy Turley, National Retail Review Winter Id=3926&fileName=Cassidy_Turley_National_ to approximate the cost of storing records at a retail 2014, accessed February 3, 2015, available at: Retail_Review_Winter_2014.pdf. FSIS used the store. http://dtz.cassidyturley.com/DesktopModules/ national average quoted rate for Community/

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any indirect costs to consumers will be other establishments that have benefited the cost to retailers. When a source is minimal. from lessons learned, will result in not identified, an outbreak may reductions in foodborne illness indiscriminately affect firms selling and Cost to Agency outbreaks. producing ground beef. The fresh FSIS does not anticipate that the Firms that supply ground beef spinach outbreak in 2006 is a prime Agency or other regulators will incur components will have incentives to example of the consequences of an additional costs as a result of this rule. apply the guidance developed as a outbreak where the source of FSIS has provided guidance to retailers result of previous outbreak contamination is in doubt. Bagged that grind raw beef and will continue investigations and to improve the safety spinach was associated with infections outreach efforts to ensure that retailers of their product in general. As of E. coli O157:H7, but because no are aware of the rule and are able to traceability systems improve as a result individual processor could be identified comply. FSIS will also hold webinars of better recordkeeping, liability for food as having been the source of the and provide guidance on the new safety events will be shifted from outbreak, FDA and CDC issued a public recordkeeping requirements. retailers to suppliers. This shift will alert advising consumers not to eat FSIS will conduct a retrospective reduce the prevalence of moral hazard— bagged spinach and eventually advised analysis to quantify what effects, if any, explained previously in the Need for the consumers not to eat all fresh spinach. the final rule has on Agency resources. Rule section—thereby incentivizing Six companies issued voluntary recalls To do so, FSIS will examine the supplier firms to produce safer product in September 2006. Sales of spinach following: through the potential for adverse plummeted from $14.3 million in • Number, length, and outcome of consequences of supplying unsafe September to $3.7 million in October recall effectiveness checks. product, such as reputation loss and and did not recover fully until January • Regulatory noncompliance citations litigation.35 Therefore, by improving 2008.37 An outbreak caused by a single at official establishments for the traceability through better firm, which was identified weeks after proposed revisions to 9 CFR 320.1(b)(4). recordkeeping, this rule has the public warnings and recalls took place, We determined to not examine the potential to promote a safer supply of ended up causing serious losses to the overtime hours for enforcement, district ground beef for consumers. entire industry. Mandatory office, and recall staff on a per-outbreak recordkeeping increases the chances basis, as suggested in the proposed rule. Benefits to Retailers and Official that an investigator identifies the source The overtime hours cannot directly link Establishments That Grind Raw Beef of contamination, thereby increasing the to outbreaks. Retailers and official establishments chances that an outbreak will have Expected Benefits of the Final Rule that grind raw beef products purchased minimal impact on uninvolved firms. from a supplier will benefit from Public Health Benefits mandatory recordkeeping because Benefits to Official Establishments That Supply Ground Beef Components Mandatory grinding logs with a investigators have a better chance of minimum level of necessary information tracing the adulterated product back to Official establishments supplying will improve FSIS investigators’ ability the supplier. Investigations that end at retail stores and processing to trace implicated product to its source, the retail level often result in recalls that establishments with ground beef recommend timely and accurate recalls, are very costly for retailers because they components will also benefit from the remove adulterated product from bear the burden of product loss and increased ability of FSIS investigators to commerce, and prevent illnesses at later compensating customers for returned identify sources of contamination. stages of outbreaks.34 product. These recalls can also When individual establishments are Mandatory grinding logs will increase negatively affect the brand of the store found to be suppliers of adulterated the likelihood that adulterated product or chain, resulting in a loss in consumer product, other uninvolved is able to be traced back to its source. confidence and a loss in sales. In some establishments are insulated from large When FSIS identifies official cases outbreak investigations that end at spillover effects such as those illustrated establishments producing adulterated the retail level could result in exposure in the spinach recall described above. product, it takes steps to assess their to legal liability.36 Accurate records Identifying the source establishment production processes through increase the likelihood that will likely be even more significant for comprehensive food safety assessments contaminated product is traced to its official establishments because ground and follow-up evaluations. In doing so, source, lessening the impact of recalls beef components make up a greater FSIS is able to identify poor practices on retailers and official establishments portion of their sales than ground beef and deficiencies in process control and that purchase ground beef components would at a retail store. Mandatory to require changes to resolve these from suppliers. recordkeeping could help to preserve issues. In some cases these assessments For retailers that are already consumer confidence and ground beef lead to findings that are valuable to maintaining accurate records, there will sales in the event of a foodborne illness industry as a whole, and the lessons be benefits from the reduction in free outbreak, benefiting all firms that are learned can be documented and rider firms, as explained previously in uninvolved in the outbreak, while disseminated in the form of guidance. the Need for the Rule section. Fewer penalizing the establishment that Improvements to production practices free rider firms will decrease the supplied the adulterated product. Another potential benefit for official and process control, whether at chances that outbreak investigations go establishments is a reduction in the implicated official establishments or unresolved, which can greatly reduce scope of ground beef recalls. All else being equal, more accurate grinding 34 For a visual representation of the potential for 35 See footnote 9. averted illnesses due to quicker investigations and 36 See Financial Exposures section of: Grocery records should result in the an earlier recall, please refer to Figure 1 of the FDA Manufacturers Association (GMA), Covington & Establishment and Maintenance of Records Under Burling, and Ernst & Young ‘‘Capturing Recall 37 University of Minnesota Food Industry Center, the Public Health Security and Bioterrorism Costs,’’ 2011, accessed January 15, 2015, available (2009) ‘‘Natural Selection: 2006 E. coli Recall of Preparedness and Response Act of 2002 final rule, at: http://www.gmaonline.org/file-manager/images/ Fresh Spinach,’’ accessed January 20, 2015, available at: https://federalregister.gov/a/04-26929/ gmapublications/Capturing_Recall_Costs_GMA_ available at: http://ageconsearch.umn.edu/ #p-674. Whitepaper_FINAL.pdf. bitstream/54784/2/Natural%20Selection.pdf.

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identification of specific lots of thereby reducing losses in consumer examination of current practices and implicated product and therefore a confidence. could lead to the identification of narrower recall.38 Smaller recalls will Finally, official establishments will significant issues that, if corrected, result in lower costs from product loss benefit from lessons learned during would benefit official establishments and reimbursement and recall execution recalls and follow-up assessments at generally. costs such as advertising and public entities linked to foodborne illness relations management. In some cases, outbreaks. As recordkeeping practices at Net Benefits of the Final Rule smaller recalls as a result of better retail and official processing The total costs and benefits achieved recordkeeping could even minimize establishments improve, more outbreaks sales losses, because a recall could be will be able to be traced to their source. as a result of the final rule are displayed limited to a smaller geographical region This traceback will initiate further in Table 11.

TABLE 11—NET BENEFITS OF THE FINAL RULE

Costs: Labor ...... $56.6 million annually ($45.8 million to $67.4 million). Storage ...... $2.7 million annually. Unquantified Costs ...... Non-labor costs associated with recordkeeping for the grinding of trim and customer requested grinds. Potential slight costs to consumers in the form of ground beef price increases. Benefits: Unquantified Benefits ...... Benefits to consumers in the form of averted foodborne illnesses as a result of contaminated ground beef. Benefits to retailers and official establishments grinding raw beef in the form of less costly food safety events, such as outbreaks and recalls. Benefits to official establishments supplying ground beef components in the form of less costly recalls and insulation from costly spillover effects during food safety events.

Regulatory Flexibility Analysis States. While the rule does affect a large will vary by retail store, but the total The FSIS Administrator certifies that, number of small businesses, the average cost of compliance across the industry for the purpose of the Regulatory per entity annual cost is relatively low, will be low because of the relatively Flexibility Act (5. U.S.C. 601–602), the at approximately $905 (746 to 1,064). small number of customer requested final rule will not have a significant This estimate does not include grinds. Table 12 provides a summary of economic impact on a substantial unquantified costs associated with the small entities affected by the final number of small entities in the United customer-requested grinds. These costs rule and the average annual cost.

TABLE 12—TOTAL COSTS AND AVERAGE COST PER ENTITY FOR SMALL BUSINESSES

Total annual Average Entity type Entities cost annual cost ($mil) ($)

Retailer ...... 46,649 42.22 905.16 Official ...... 1,132 1.00 885.63

Total ...... 47,781 43.23 904.70 Values in table may not sum to Totals because of rounding.

There is a multitude of guidance maintaining adequate records shows Abstract: Under this final rule, all already available that small businesses that the cost of the practice is not official establishments and retail stores can use, and FSIS has provided a prohibitive to doing business. that grind raw beef products for sale in sample grinding log in this final rule commerce, including products ground Paperwork Reduction Act that can be used. These resources will at a customer’s request, will have to help to keep the cost of implementing In accordance with section 3507(d) of maintain certain records. a new recordkeeping program low. In the Paperwork Reduction Act of 1995 The required records will have to general, as the size of the business and (44 U.S.C. 3501 et seq.), the new include the following information: the amount of ground product sold gets information collection requirements (A) The establishment numbers of the smaller, so too will the number of included in this final rule have been establishments supplying the materials suppliers and components used, and the submitted for approval to the Office of used to prepare each lot of raw ground number of grinds performed. The Management and Budget (OMB). beef product, smaller scale of production should Title: Records to be Kept by Official (B) All supplier lot numbers and contribute to lower average costs for Establishments and Retail Stores that production dates, smaller businesses. Moreover, the fact Grind Raw Beef Products. (C) The names of the supplied that some small firms are already Type of Collection: New. materials, including beef components

38 Resende-Filho, Moises A. and Buhr, Brian L. Economists (IAAE) Triennial Conference, Foz do simulation results of a model that indicated that ‘‘Economics of Traceability for Mitigation of Food Iguac¸u, Brazil, 18–24 August, 2012, available at: that presence of a traceability system decreased Recall Costs,’’ prepared for presentation at the http://ageconsearch.umn.edu/bitstream/126193/2/ volumes of recalls by over 90 percent (see Table 3). International Association of Agricultural IAAE_2012_Paper.pdf. This paper presents

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and any materials carried over from one have tribal implications, including USDA Nondiscrimination Statement production lot to the next, regulations, legislative comments or No agency, officer, or employee of the (D) The date and time each lot of raw proposed legislation, and other policy USDA shall, on the grounds of race, ground beef product is produced, and statements or actions that have color, national origin, religion, sex, (E) The date and time when grinding substantial direct effects on one or more gender identity, sexual orientation, equipment and other related food- Indian tribes, on the relationship disability, age, marital status, family/ contact surfaces are cleaned and between the Federal Government and parental status, income derived from a sanitized. Indian tribes or on the distribution of public assistance program, or political In response to comments, FSIS power and responsibilities between the beliefs, exclude from participation in, removed requirements for entities Federal Government and Indian tribes. deny the benefits of, or subject to covered by this rule to provide names, FSIS has assessed the impact of this discrimination any person in the United points of contact, and phone numbers rule on Indian tribes and determined States under any program or activity for official establishments. Also in that this rule does not, to our conducted by the USDA. response to comments, the Agency knowledge, have tribal implications that eliminated the requirement that the require tribal consultation under E.O. How To File a Complaint of weight of each source component used 13175. If a Tribe requests consultation, Discrimination in a lot of ground beef be kept. However, the Food Safety and Inspection Service To file a complaint of discrimination, in response to other public comments, will work with the Office of Tribal complete the USDA Program FSIS increased the time estimates for Relations to ensure meaningful Discrimination Complaint Form, which recordkeeping activities, the frequency consultation is provided where changes, may be accessed online at http:// of recordkeeping tasks, and the number additions, and modifications identified www.ocio.usda.gov/sites/default/files/ of active grinding days per week. FSIS herein are not expressly mandated by docs/2012/Complain_combined_6_8_ also increased the number of retail Congress. 12.pdf, or write a letter signed by you stores that will be affected by the rule. E-Government Act or your authorized representative. These changes resulted in a significant Send your completed complaint form increase in the number of burden hours FSIS and USDA are committed to or letter to USDA by mail, fax, or email: initially estimated in the proposed rule. achieving the purposes of the E- Mail: U.S. Department of Agriculture, Estimate of Burden: FSIS estimates Government Act (44 U.S.C. 3601, et Director, Office of Adjudication 1400 that it would take a maximum of 50.33 seq.) by, among other things, promoting Independence Avenue SW., hours per respondent annually. the use of the Internet and other Washington, DC 20250–9410 Respondents: Official establishments information technologies and providing Fax: (202) 690–7442 and retail stores that grind raw beef increased opportunities for citizen Email: [email protected]. products. access to Government information and Persons with disabilities who require Estimated Number of Respondents: services, and for other purposes. alternative means for communication 65,911. Estimated Maximum Annual Number Additional Public Notification (Braille, large print, audiotape, etc.), of Responses per Respondent: 1,878. should contact USDA’s TARGET Center Public awareness of all segments of Estimated Maximum Total Annual at (202) 720–2600 (voice and TDD). rulemaking and policy development is Recordkeeping Burden: 3,317,493 hours. List of Subjects in 9 CFR Part 320 Copies of this information collection important. Consequently, FSIS will assessment can be obtained from Gina announce this Federal Register Meat inspection, Reporting and Kouba, Paperwork Reduction Act publication on-line through the FSIS recordkeeping requirements. Coordinator, Food Safety and Inspection Web page located at: http:// For the reasons discussed in the Service, USDA, 1400 Independence www.fsis.usda.gov/federal-register. preamble, FSIS is amending 9 CFR part Ave. SW., Room 6065 South Building, FSIS also will make copies of this 320, as follows: Washington, DC 20250–3700; (202) 720– publication available through the FSIS PART 320—RECORDS, 5627. Constituent Update, which is used to provide information regarding FSIS REGISTRATION, AND REPORTS Executive Order 12988 policies, procedures, regulations, ■ 1. The authority citation for part 320 This final rule has been reviewed Federal Register notices, FSIS public continues to read as follows: under Executive Order 12988, Civil meetings, and other types of information Justice Reform. Under this rule: (1) All that could affect or would be of interest Authority: 21 U.S.C. 601–695; 7 CFR 2.7, State and local laws and regulations that to our constituents and stakeholders. 2.18, 2.53 are inconsistent with this rule will be The Update is available on the FSIS ■ 2. Amend § 320.1 by adding paragraph preempted; (2) no retroactive effect will Web page. Through the Web page, FSIS (b)(4) to read as follows: be given to this rule; and (3) no is able to provide information to a much administrative proceedings will be broader, more diverse audience. In § 320.1 Records required to be kept. required before parties may file suit in addition, FSIS offers an email * * * * * court challenging this rule. subscription service which provides (b) * * * automatic and customized access to (4)(i) In the case of raw ground beef Executive Order 13175 selected food safety news and products, official establishments and This rule has been reviewed in information. This service is available at: retail stores are required to keep records accordance with the requirements of http://www.fsis.usda.gov/subscribe. that fully disclose: Executive Order 13175, ‘‘Consultation Options range from recalls to export (A) The establishment numbers of the and Coordination with Indian Tribal information, regulations, directives, and establishments supplying the materials Governments.’’ E.O. 13175 requires notices. Customers can add or delete used to prepare each lot of raw ground Federal agencies to consult and subscriptions themselves, and have the beef product; coordinate with tribes on a government- option to password protect their (B) All supplier lot numbers and to-government basis on policies that accounts. production dates;

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(C) The names of the supplied Done in Washington, DC, on: December 14, transfer date established by section 311 materials, including beef components 2015. of the Dodd-Frank Act, codified at 12 and any materials carried over from one Alfred V. Almanza, U.S.C. 5411, the powers, duties, and production lot to the next; Acting Administrator. functions formerly performed by the (D) The date and time each lot of raw [FR Doc. 2015–31795 Filed 12–18–15; 8:45 am] OTS were divided among the FDIC, as ground beef product is produced; and BILLING CODE 3410–DM–P to State savings associations, the Office (E) The date and time when grinding of the Comptroller of the Currency equipment and other related food- (‘‘OCC’’), as to Federal savings contact surfaces are cleaned and FEDERAL DEPOSIT INSURANCE associations, and the Board of sanitized. CORPORATION Governors of the Federal Reserve (ii) Official establishments and retail System (‘‘FRB’’), as to savings and loan stores covered by this part that prepare 12 CFR Parts 348 and 390 holding companies. Section 316(b) of ground beef products that are ground at the Dodd-Frank Act, codified at 12 RIN 3064–AE20 an individual customer’s request must U.S.C. 5414(b), provides the manner of keep records that comply with Removal of Transferred OTS treatment for all orders, resolutions, paragraph (b)(4)(i) of this section. Regulations Regarding Management determinations, regulations, and (iii) For the purposes of this section Official Interlocks and Amendments to advisory materials that had been issued, made, prescribed, or allowed to become of the regulations, a lot is the amount of FDIC’s Rules and Regulations ground raw beef produced during effective by the OTS. The section particular dates and times, following AGENCY: Federal Deposit Insurance provides that if such materials were in clean up and until the next clean up, Corporation. effect on the day before the transfer during which the same source materials ACTION: Final rule. date, they continue to be in effect and are used. are enforceable by or against the SUMMARY: The Federal Deposit appropriate successor agency until they * * * * * Insurance Corporation (‘‘FDIC’’) is are modified, terminated, set aside, or ■ 3. Revise § 320.2 to read as follows: adopting a final rule to rescind and superseded in accordance with § 320.2 Place of maintenance of records. remove from the Code of Federal applicable law by such successor (a) Except as provided in paragraph Regulations the transferred OTS agency, by any court of competent (b) of this section, any person engaged regulation entitled ‘‘Management jurisdiction, or by operation of law. Section 316(c) of the Dodd-Frank Act, in any business described in § 320.1 and Official Interlocks.’’ This subpart was codified at 12 U.S.C. 5414(c), further required by this part to keep records included in the regulations that were directed the FDIC and the OCC to must maintain such records at the place transferred to the FDIC from the Office consult with one another and to publish where such business is conducted, of Thrift Supervision (‘‘OTS’’) on July a list of the continued OTS regulations except that if such person conducts 21, 2011, in connection with the that would be enforced by the FDIC and such business at multiple locations, he implementation of applicable provisions the OCC, respectively. On June 14, 2011, may maintain such records at his of title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act the FDIC’s Board of Directors approved headquarters’ office. When not in actual a ‘‘List of OTS Regulations to be use, all such records must be kept in a (‘‘Dodd-Frank Act’’). The requirements for State savings associations in the Enforced by the OCC and the FDIC safe place at the prescribed location in Pursuant to the Dodd-Frank Wall Street accordance with good commercial transferred OTS regulation are substantively similar to those in the Reform and Consumer Protection Act.’’ practices. This list was published by the FDIC and (b) Records required to kept under FDIC’s regulation, which is also entitled ‘‘Management Official Interlocks’’ and is the OCC as a Joint Notice in the Federal § 320.1(b)(4) must be kept at the location Register on July 6, 2011.2 where the raw beef was ground. applicable for all insured depository institutions (‘‘IDIs’’) for which the FDIC Although section 312(b)(2)(B)(i)(II) of ■ 4. Revise § 320.3 to read as follows: has been designated the appropriate the Dodd-Frank Act, codified at 12 Federal banking agency. U.S.C. 5412(b)(2)(B)(i)(II), granted the § 320.3 Record retention period. OCC rulemaking authority relating to DATES: (a) Except as provided in paragraphs The final rule is effective on both State and Federal savings (b) and (c) of this section, every record January 20, 2016. associations, nothing in the Dodd-Frank required to be maintained under this FOR FURTHER INFORMATION CONTACT: Act affected the FDIC’s existing part must be retained for a period of 2 Jennifer Maree, Counsel, Legal Division, authority to issue regulations under the years after December 31 of the year in (202) 898–6543; Mark Mellon, Counsel, Federal Deposit Insurance Act (‘‘FDI which the transaction to which the Legal Division, (202) 898–3884; Karen Act’’) and other laws as the ‘‘appropriate record relates has occurred and for such Currie, Senior Examination Specialist, Federal banking agency’’ or under further period as the Administrator may (202) 898–3981. similar statutory terminology. Section require for purposes of any investigation SUPPLEMENTARY INFORMATION: 312(c) of the Dodd-Frank Act amended or litigation under the Act, by written the definition of ‘‘appropriate Federal I. Background notice to the person required to keep banking agency’’ contained in section such records under this part. A. The Dodd-Frank Act 3(q) of the FDI Act, 12 U.S.C. 1813(q), (b) Records of canning as required in The Dodd-Frank Act 1 provided for a to add State savings associations to the subpart G of part 318 of this chapter, substantial reorganization of the list of entities for which the FDIC is must be retained as required in regulation of State and Federal savings designated as the ‘‘appropriate Federal § 318.307(e); except that records associations and their holding banking agency.’’ As a result, when the required by § 318.302(b) and (c) must be companies. Beginning July 21, 2011, the FDIC acts as the designated retained as required by those sections. ‘‘appropriate Federal banking agency’’ (c) Records required to be maintained 1 Dodd-Frank Wall Street Reform and Consumer (or under similar terminology) for State under § 320.1(b)(4) must be retained for Protection Act, Pub. L. 111–203, 124 Stat. 1376 one year. (2010). 2 76 FR 39247 (July 6, 2011).

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savings associations, as it does here, the FDIC regulations for all FDIC-supervised IV. Explanation of the Final Rule FDIC is authorized to issue, modify and institutions. As discussed in the As discussed in the NPR, part 390, rescind regulations involving such Proposed Rule, the FDIC carefully subpart V is substantively similar to part associations, as well as for State reviewed the transferred rule, part 390, 348, and the designation of part 348 as nonmember banks and insured branches subpart V, and compared it with part a single authority of management of foreign banks. 348, an FDIC regulation that existed official interlocks for all FDIC- As noted, on June 14, 2011, pursuant before the transfer of part 390, subpart supervised institutions will serve to to this authority, the FDIC’s Board of V and that continues to remain in effect streamline the FDIC’s rules and Directors reissued and redesignated today. Like the transferred rule, part 348 eliminate unnecessary regulations. To certain transferring regulations of the governs management official interlocks that effect, the Final Rule removes and former OTS. These transferred OTS for State nonmember insured banks and rescinds 12 CFR part 390, subpart V in regulations were published as new FDIC their affiliates. Although the two rules its entirety. regulations in the Federal Register on were substantively the same, minor Consistent with the Proposed Rule, 3 August 5, 2011. When it republished technical and conforming amendments the Final Rule also amends section the transferred OTS regulations as new were proposed. 348.1(c) to modify the scope of part 348. FDIC regulations, the FDIC specifically The modified scope, reflecting the noted that its staff would evaluate the B. Amendments to Part 348 FDIC’s current supervisory transferred OTS rules and might later responsibilities as the appropriate recommend incorporating the The FDIC proposed to modify the Federal banking agency includes State transferred OTS regulations into other scope of part 348, section 348.1(c), to savings associations and their FDIC rules, amending them, or apply to ‘‘management officials of FDIC- subsidiaries. The Final Rule also adds rescinding them, as appropriate. supervised institutions and their two new definitions into section 348.2. One of the OTS rules transferred to affiliates’’ to conform to and reflect the A newly created subsection (i) would the FDIC governs OTS oversight of scope of the FDIC’s current supervisory define an ‘‘FDIC-supervised institution’’ management official interlocks in the responsibilities as the appropriate as ‘‘either an insured nonmember bank context of State savings associations. Federal banking agency. The FDIC also or a State savings association.’’ A newly The OTS rule, formerly found at 12 CFR proposed to add two new definitions created subsection (p) would define part 563f, was transferred to the FDIC into section 348.2. A newly created ‘‘State savings association’’ as having with only minor nonsubstantive subsection (i) would have defined an ‘‘the same meaning as in section 3(b)(3) changes and is now found in the FDIC’s ‘‘FDIC-supervised institution’’ as ‘‘either of the Federal Deposit Insurance Act, 12 rules at 12 CFR part 390, subpart V an insured nonmember bank or a State U.S.C. 1813(b)(3).’’ The Final Rule also (‘‘part 390, subpart V’’), entitled savings association.’’ A newly created inserts an exemption from part 390, ‘‘Management Official Interlocks.’’ subsection (p) would have defined subpart V, section 390.403(i), into a Before the transfer of the OTS rules and ‘‘State savings association’’ as having newly created subsection (j) of section continuing today, the FDIC’s rules ‘‘the same meaning as in section 3(b)(3) 348.4. The exemption allows certain contained 12 CFR part 348 (‘‘part 348’’), of the Federal Deposit Insurance Act, 12 interlocking relationships for any State also entitled ‘‘Management Official U.S.C. 1813(b)(3).’’ The proposal would savings association that has issued stock Interlocks,’’ a rule governing FDIC also have inserted an exemption from in connection with a qualified stock oversight of management official part 390, subpart V, section 390.403(i), issuance pursuant to section 10(q) of interlocks with respect to IDIs for which into a newly created subsection (j) of HOLA. the FDIC has been designated the section 348.4. The exemption would V. Administrative Law Matters appropriate Federal banking agency. have allowed certain interlocking After careful review and comparison of relationships for any State savings A. The Paperwork Reduction Act part 390, subpart V and part 348, the association that has issued stock in In accordance with the requirements FDIC has decided to (1) rescind part connection with a qualified stock of the Paperwork Reduction Act 390, subpart V, because, as discussed issuance pursuant to section 10(q) of the (‘‘PRA’’) of 1995, 44 U.S.C. 3501–3521, below, it is substantively redundant to Home Owners’ Loan Act (‘‘HOLA’’). the FDIC may not conduct or sponsor, existing part 348; and (2) If these proposals are finalized, and the respondent is not required to simultaneously make technical respond to, an information collection conforming edits to part 348. oversight of management official interlocks in part 348 will apply to all unless it displays a currently valid II. Proposed Rule FDIC-supervised institutions, including Office of Management and Budget (‘‘OMB’’) control number. The State savings associations, and part 390, A. Removal of Part 390, Subpart V information collections contained in subpart V would be removed because it (Former OTS 12 CFR Part 563f) part 348 are cleared by OMB under the is largely redundant of those rules found FDIC’s ‘‘Management Official On July 21, 2014, the FDIC published in part 348. Rescinding part 390, Interlocks’’ information collection (OMB a Notice of Proposed Rulemaking subpart V will serve to streamline the (‘‘NPR’’ or ‘‘Proposed Rule’’) regarding No. 3064–0118). The FDIC’s burden FDIC’s rules and eliminate unnecessary estimates were updated in connection the removal of part 390, subpart V, regulations. which governs management official with the collection’s 2012 renewal to interlocks for State savings associations III. Comments include State savings associations and their affiliates.4 The former OTS transferred from the OTS to the FDIC. rule was transferred to the FDIC with The FDIC issued the NPR with a 60- The FDIC reviewed its burden estimates only nominal changes. The NPR day comment period, which closed on for the collection at the time it assumed proposed removing part 390, subpart V September 19, 2014. The FDIC received responsibility for supervision of State from the CFR in an effort to streamline no comments on its Proposed Rule, and savings associations transferred from the consequently the final rule (‘‘Final OTS and determined that no changes to 3 76 FR 47652 (Aug. 5, 2011). Rule’’) is adopted as proposed without the burden estimates were necessary. 4 79 FR 42225 (July 21, 2014). any changes. This Final Rule does not modify the

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FDIC’s existing collection and does not D. Plain Language 348.2 Other definitions and rules of create any new collections of construction. Section 722 of the Gramm-Leach- 348.3 Prohibitions. information pursuant to the PRA. Bliley Act, 12 U.S.C. 4809, requires each Therefore, no information collection 348.4 Interlocking relationships permitted Federal banking agency to use plain by statute. request has been submitted to the OMB language in all of its proposed and final 348.5 Small market share exemption. for review. rules published after January 1, 2000. In 348.6 General exemption. B. The Regulatory Flexibility Act the NPR, the FDIC invited comments on 348.7 Change in circumstances. whether the Proposed Rule was clearly 348.8 Enforcement. The Regulatory Flexibility Act stated and effectively organized, and Authority: 12 U.S.C. 3207, 12 U.S.C. (‘‘RFA’’), 5 U.S.C. 601 et seq., generally how the FDIC might make it easier to 1823(k). requires an agency to consider whether understand. Although the FDIC did not § 348.1 Purpose and scope. a final rule will have a significant receive any comments, the FDIC sought economic impact on a substantial to present the Final Rule in a simple (a) Authority. This part is issued number of small entities (defined in and straightforward manner. under the provisions of the Depository regulations promulgated by the Small Institution Management Interlocks Act Business Administration to include E. The Economic Growth and Regulatory (Interlocks Act) (12 U.S.C. 3201 et seq.), banking organizations with total assets Paperwork Reduction Act as amended. of less than or equal to $550 million).5 Under section 2222 of the Economic (b) Purpose. The purpose of the Pursuant to section 605(b) of the RFA, Growth and Regulatory Paperwork Interlocks Act and this part is to foster a final regulatory flexibility analysis is Reduction Act of 1996 (‘‘EGRPRA’’), the competition by generally prohibiting a not required if the agency certifies that FDIC is required to review all of its management official from serving two the rule will not have a significant regulations, at least once every 10 years, nonaffiliated depository organizations economic impact on a substantial in order to identify any outdated or in situations where the management number of small entities, and publishes otherwise unnecessary regulations interlock likely would have an its certification and a short explanatory imposed on insured depository anticompetitive effect. statement in the Federal Register institutions.6 The FDIC completed the (c) Scope. This part applies to together with the rule. For the reasons last comprehensive review of its management officials of FDIC- provided below, the FDIC certifies that regulations under EGRPRA in 2006 and supervised institutions and their the Final Rule will not have a is commencing the next decennial affiliates. significant economic impact on a review, which is expected to be § 348.2 Other definitions and rules of substantial number of small entities. completed by 2016. The NPR solicited construction. Accordingly, a regulatory flexibility comments on whether the proposed For purposes of this part, the analysis is not required. rescission of part 390, subpart V and following definitions apply: As discussed in the notice of amendments to part 348 would impose (a) Affiliate. (1) The term affiliate has proposed rulemaking, part 390, subpart any outdated or unnecessary regulatory the meaning given in section 202 of the V was transferred from OTS part 563f, requirements on insured depository Interlocks Act (12 U.S.C. 3201). For which governed management official institutions. No comments on this issue purposes of section 202, shares held by interlocks. OTS part 563f had been in were received. Upon review, the FDIC an individual include shares held by effect since 1979, and all State savings does not believe that part 348, as members of his or her immediate family. associations were required to comply amended by the Final Rule, imposes any ‘‘Immediate family’’ means spouse, with it. Because it is redundant of outdated or unnecessary regulatory mother, father, child, grandchild, sister, existing part 348 of the FDIC’s rules, the requirements on any insured depository brother or any of their spouses, whether FDIC proposes rescinding and removing institutions. or not any of their shares are held in part 390, subpart V. As a result, all List of Subjects trust. FDIC-supervised institutions—including (2) For purposes of section 202(3)(B) State savings associations and their 12 CFR Part 348 of the Interlocks Act (12 U.S.C. affiliates—would be required to comply Banks, banking; Management official 3201(3)(B)), an affiliate relationship with part 348 for management official interlocks; Savings associations involving an FDIC-supervised interlocks. Because all State savings institution based on common ownership associations and their affiliates have 12 CFR Part 390 does not exist if the FDIC determines, been required to comply with Management official interlocks after giving the affected persons the substantially similar management opportunity to respond, that the Authority and Issuance official interlocks rules since 1979, the asserted affiliation was established in FDIC certifies that the Final Rule will For the reasons stated in the order to avoid the prohibitions of the have no significant economic impact on preamble, the Board of Directors of the Interlocks Act and does not represent a small entities or State savings Federal Deposit Insurance Corporation true commonality of interest between associations. amends parts 348 and 390 of title 12 of the depository organizations. In making the Code of Federal Regulations as C. Small Business Regulatory this determination, the FDIC considers, follows: Enforcement Fairness Act among other things, whether a person, ■ 1. Revise part 348 to read as follows: including members of his or her The Office of Management and Budget immediate family whose shares are has determined that the Final Rule is PART 348—MANAGEMENT OFFICIAL necessary to constitute the group, owns not a ‘‘major rule’’ within the meaning INTERLOCKS a nominal percentage of the shares of of the Small Business Regulatory Sec. one of the organizations and the Enforcement Fairness Act of 1996 348.1 Purpose and scope. percentage is substantially (‘‘SBREFA’’), 5 U.S.C. 801 et seq. disproportionate to that person’s 6 Public Law 104–208, 110 Stat. 3009 (Sept. 30, ownership of shares in the other 5 5 U.S.C. 601 et seq. 1996). organization.

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(b) Area median income means: (vi) Any person who has a other than the assets of its depository (1) The median family income for the representative or nominee serving in institution affiliate; metropolitan statistical area (MSA), if a any of the capacities in this paragraph (ii) Assets of a bank holding company depository organization is located in an (j)(1). that are exempt from the prohibitions of MSA; or (2) The term management official section 4 of the Bank Holding Company (2) The statewide nonmetropolitan does not include: Act of 1956 pursuant to an order issued median family income, if a depository (i) A person whose management under section 4(d) of that Act (12 U.S.C. organization is located outside an MSA. functions relate exclusively to the 1843(d)) other than the assets of its (c) Community means a city, town, or business of retail merchandising or depository institution affiliate; or village, and contiguous or adjacent manufacturing; (iii) Assets of offices of a foreign cities, towns, or villages. (ii) A person whose management commercial bank other than the assets (d) Contiguous or adjacent cities, functions relate principally to the towns, or villages means cities, towns, of its United States branch or agency. business outside the United States of a or villages whose borders touch each (r) United States means the United foreign commercial bank; or other or whose borders are within 10 States of America, any State or territory (iii) A person described in the road miles of each other at their closest of the United States of America, the provisos of section 202(4) of the points. The property line of an office District of Columbia, Puerto Rico, Interlocks Act (12 U.S.C. 3201(4)) located in an unincorporated city, town, Guam, American Samoa, and the Virgin (referring to an officer of a State- or village is the boundary line of that Islands. chartered savings bank, cooperative city, town, or village for the purpose of § 348.3 Prohibitions. this definition. bank, or trust company that neither (e) Depository holding company makes real estate mortgage loans nor (a) Community. A management means a bank holding company or a accepts savings). official of a depository organization may savings and loan holding company (as (l) Office means a principal or branch not serve at the same time as a more fully defined in section 202 of the office of a depository institution located management official of an unaffiliated Interlocks Act (12 U.S.C. 3201)) having in the United States. Office does not depository organization if the its principal office located in the United include a representative office of a depository organizations in question (or States. foreign commercial bank, an electronic a depository institution affiliate thereof) (f) Depository institution means a terminal, or a loan production office. have offices in the same community. commercial bank (including a private (m) Person means a natural person, (b) RMSA. A management official of a bank), a savings bank, a trust company, corporation, or other business entity. depository organization may not serve at a savings and loan association, a (n) Relevant metropolitan statistical the same time as a management official building and loan association, a area (RMSA) means an MSA, a primary of an unaffiliated depository homestead association, a cooperative MSA, or a consolidated MSA that is not organization if the depository bank, an industrial bank, or a credit comprised of designated Primary MSAs organizations in question (or a union, chartered under the laws of the to the extent that these terms are depository institution affiliate thereof) United States and having a principal defined and applied by the Office of have offices in the same RMSA and each office located in the United States. Management and Budget. depository organization has total assets Additionally, a United States office, (o) Representative or nominee means of $50 million or more. including a branch or agency, of a a natural person who serves as a (c) Major assets. A management foreign commercial bank is a depository management official and has an official of a depository organization institution. obligation to act on behalf of another with total assets exceeding $2.5 billion (g) Depository institution affiliate person with respect to management (or any affiliate of such an organization) means a depository institution that is an responsibilities. The FDIC will find that may not serve at the same time as a affiliate of a depository organization. a person has an obligation to act on management official of an unaffiliated (h) Depository organization means a behalf of another person only if the first depository organization with total assets depository institution or a depository person has an agreement, express or exceeding $1.5 billion (or any affiliate of holding company. implied, to act on behalf of the second such an organization), regardless of the (i) FDIC-supervised institution means person with respect to management location of the two depository either an insured state nonmember bank responsibilities. The FDIC will organizations. The FDIC will adjust or a State savings association. determine, after giving the affected these thresholds, as necessary, based on (j) Low- and moderate-income areas persons an opportunity to respond, means census tracts (or, if an area is not the year-to-year change in the average of whether a person is a representative or the Consumer Price Index for the Urban in a census tract, block numbering areas nominee. delineated by the United States Bureau Wage Earners and Clerical Workers, not (p) State savings association has the seasonally adjusted, with rounding to of the Census) where the median family same meaning as in section (3)(b)(3) of income is less than 100 percent of the the nearest $100 million. The FDIC will the Federal Deposit Insurance Act, 12 announce the revised thresholds by area median income. U.S.C. 1813(b)(3). (k) Management official. (1) The term publishing a final rule without notice (q) Total assets. (1) The term total management official means: and comment in the Federal Register. (i) A director; assets includes assets measured on a consolidated basis and reported in the § 348.4 Interlocking relationships (ii) An advisory or honorary director permitted by statute. of a depository institution with total most recent fiscal year-end Consolidated assets of $100 million or more; Report of Condition and Income. The prohibitions of § 348.3 do not (iii) A senior executive officer as that (2) The term total assets does not apply in the case of any one or more of term is defined in 12 CFR 303.101(b). include: the following organizations or to a (iv) A branch manager; (i) Assets of a diversified savings and subsidiary thereof: (v) A trustee of a depository loan holding company as defined by (a) A depository organization that has organization under the control of section 10(a)(1)(F) of the Home Owners’ been placed formally in liquidation, or trustees; and Loan Act (12 U.S.C. 1467a(a)(1)(F)) which is in the hands of a receiver,

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conservator, or other official exercising anticompetitive effect in financial (b) Presumptions. In reviewing an a similar function; services in any part of the United States; application for an exemption under this (b) A corporation operating under (ii) The service would lead to section, the FDIC will apply a rebuttable section 25 or section 25A of the Federal substantial conflicts of interest or unsafe presumption that an interlock will not Reserve Act (12 U.S.C. 601 et seq. and or unsound practices; or result in a monopoly or substantial 12 U.S.C. 611 et seq., respectively) (Edge (iii) The notificant failed to furnish all lessening of competition if the Corporations and Agreement the information required by the FDIC. depository organization seeking to add a Corporations); (3) The FDIC may require that any management official: (c) A credit union being served by a interlock permitted under this (1) Primarily serves low- and management official of another credit paragraph (h) be terminated if a change moderate-income areas; union; in circumstances occurs with respect to (2) Is controlled or managed by (d) A depository organization that one of the interlocked depository persons who are members of a minority does not do business within the United organizations that would have provided group, or women; States except as an incident to its a basis for disapproval of the interlock (3) Is a depository institution that has activities outside the United States; during the notice period; and been chartered for less than two years; (e) A State-chartered savings and loan (j) Any FDIC-supervised institution or (4) Is deemed to be in ‘‘troubled guaranty corporation; which is a State savings association that condition’’ as defined in § 303.101(c). (f) A Federal Home Loan bank or any has issued stock in connection with a (c) Duration. Unless a shorter other bank organized solely to serve qualified stock issuance pursuant to expiration period is provided in the depository institutions (a bankers’ bank) section 10(q) of the Home Owners’ Loan FDIC approval, an exemption permitted or solely for the purpose of providing Act, except that this paragraph (j) shall by paragraph (a) of this section may securities clearing services and services apply only with regard to service as a continue so long as it does not result in related thereto for depository single management official of such State a monopoly or substantial lessening of institutions and securities companies; savings association or any subsidiary of competition, or is unsafe or unsound. If (g) A depository organization that is such State savings association by a the FDIC grants an interlock exemption closed or is in danger of closing as single management official of a savings in reliance upon a presumption under determined by the appropriate Federal and loan holding company which paragraph (b) of this section, the depository institutions regulatory purchased the stock issued in interlock may continue for three years, agency and is acquired by another connection with such qualified stock unless otherwise provided by the FDIC depository organization. This exemption issuance, and shall apply only when the lasts for five years, beginning on the in writing. FDIC has determined that such service (d) Procedures. Procedures for date the depository organization is is consistent with the purposes of the acquired; applying for an exemption under this Interlocks Act and the Home Owners’ section are set forth in 12 CFR 303.249. (h) A savings association whose Loan Act. acquisition has been authorized on an § 348.7 Change in circumstances. § 348.5 Small market share exemption. emergency basis in accordance with (a) Termination. A management section 13(k) of the Federal Deposit (a) Exemption. A management official shall terminate his or her service Insurance Act (12 U.S.C. 1823(k)) with interlock that is prohibited by § 348.3 is or apply for an exemption if a change resulting dual service by a management permissible, if: in circumstances causes the service to official that would otherwise be (1) The interlock is not prohibited by become prohibited. A change in prohibited under the Interlocks Act § 348.3(c); and circumstances may include an increase which may continue for up to 10 years (2) The depository organizations (and in asset size of an organization, a change from the date of the acquisition their depository institution affiliates) in the delineation of the RMSA or provided that the FDIC has given its hold, in the aggregate, no more than 20 community, the establishment of an approval for the continuation of such percent of the deposits in each RMSA or office, an increase in the aggregate service; community in which both depository deposits of the depository organization, (i)(1) A diversified savings and loan organizations (or their depository or an acquisition, merger, consolidation, holding company (as defined in section institution affiliates) have offices. The or reorganization of the ownership 10(a)(1)(F) of the Home Owners’ Loan amount of deposits shall be determined structure of a depository organization Act (12 U.S.C. 1467a(a)(1)(F))) with by reference to the most recent annual that causes a previously permissible respect to the service of a director of Summary of Deposits published by the interlock to become prohibited. such company who is also a director of FDIC for the RMSA or community. (b) Transition period. A management an unaffiliated depository organization (b) Confirmation and records. Each official described in paragraph (a) of this if: depository organization must maintain section may continue to serve the FDIC- (i) Both the diversified savings and records sufficient to support its supervised institution involved in the loan holding company and the determination of eligibility for the interlock for 15 months following the unaffiliated depository organization exemption under paragraph (a) of this date of the change in circumstances. notify their appropriate Federal section, and must reconfirm that The FDIC may shorten this period under depository institutions regulatory determination on an annual basis. appropriate circumstances. agency at least 60 days before the dual service is proposed to begin; and § 348.6 General exemption. § 348.8 Enforcement. (ii) The appropriate regulatory agency (a) Exemption. The FDIC may by Except as provided in this section, the does not disapprove the dual service agency order exempt an interlock from FDIC administers and enforces the before the end of the 60-day period. the prohibitions in § 348.3 if the FDIC Interlocks Act with respect to FDIC- (2) The FDIC may disapprove a notice finds that the interlock would not result supervised institutions and their of proposed service if it finds that: in a monopoly or substantial lessening affiliates and may refer any case of a (i) The service cannot be structured or of competition and would not present prohibited interlocking relationship limited so as to preclude an safety and soundness concerns. involving these entities to the Attorney

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General of the United States to enforce Federal Deposit Insurance Corporation. December 16, 2015, and assigned the compliance with the Interlocks Act and Robert E. Feldman, information collection OMB Control this part. If an affiliate of an FDIC- Executive Secretary. Number 2120–0765. This final rule supervised institution is subject to the [FR Doc. 2015–31940 Filed 12–18–15; 8:45 am] provides the control number of that primary regulation of another federal BILLING CODE 6714–01–P information collection and adds the depository organization supervisory information collection to the list of agency, then the FDIC does not FAA’s approved information collections administer and enforce the Interlocks DEPARTMENT OF TRANSPORTATION in 14 CFR part 11. Act with respect to that affiliate. Federal Aviation Administration List of Subjects in 14 CFR Part 11 PART 390—REGULATIONS TRANSFERRED FROM THE OFFICE OF Administrative practice and 14 CFR Part 11 THRIFT SUPERVISION procedure, Reporting and recordkeeping [Docket No.: FAA–2015–7396; Amdt. No. requirements. Subpart V—Management Official 11–58] Interlocks The Amendment RIN 2120–AK82 In consideration of the foregoing, the ■ 2. The authority citation for part 390 Registration and Marking Federal Aviation Administration is revised to read as follows: Requirements for Small Unmanned amends chapter I of title 14, Code of Authority: 12 U.S.C. 1819. Aircraft Federal Regulations as follows: Subpart F also issued under 5 U.S.C. 552; AGENCY: Federal Aviation PART 11—GENERAL RULEMAKING 559; 12 U.S.C. 2901 et seq. Administration (FAA), DOT. Subpart G also issued under 12 U.S.C. 2810 PROCEDURES et seq., 2901 et seq.; 15 U.S.C. 1691; 42 U.S.C. ACTION: Final rule; OMB approval of 1981, 1982, 3601–3619. information collection. ■ 1. The authority citation for part 11 Subpart I also issued under 12 U.S.C. continues to read as follows: 1831x. SUMMARY: This document notifies the Subpart J also issued under 12 U.S.C. public of the Office of Management and Authority: 49 U.S.C. 106(f), 106(g), 40101, 1831p–1. Budget’s (OMB’s) approval of the 40103, 40105, 40109, 40113, 44110, 44502, Subpart L also issued under 12 U.S.C. information collection requirement 44701–44702, 44711, and 46102. 1831p–1. contained in the FAA’s interim final ■ Subpart M also issued under 12 U.S.C. rule, Registration and Marking 2. In § 11.201, amend paragraph (b) by 1818. Requirements for Small Unmanned adding an entry for part 48 to read as Subpart O also issued under 12 U.S.C. follows: 1828. Aircraft, which was published on Subpart P also issued under 12 U.S.C. December 16, 2015. § 11.201 Office of Management and Budget 1470; 1831e; 1831n; 1831p–1; 3339. DATES: Effective December 21, 2015. (OMB) control numbers assigned under the Subpart Q also issued under 12 U.S.C. FOR FURTHER INFORMATION CONTACT: Earl Paperwork Reduction Act. 1462; 1462a; 1463; 1464. Lawrence, Director, FAA UAS Subpart R also issued under 12 U.S.C. * * * * * Integration Office, 800 Independence 1463; 1464; 1831m; 1831n; 1831p–1. (b) * * * Subpart S also issued under 12 U.S.C. Avenue SW., Washington, DC 20591; 1462; 1462a; 1463; 1464; 1468a; 1817; 1820; telephone (202) 267–6556; email 14 CFR part or section Current OMB 1828; 1831e; 1831o; 1831p–1; 1881–1884; [email protected]. identified and described control No. 3207; 3339; 15 U.S.C. 78b; 78 l; 78m; 78n; SUPPLEMENTARY INFORMATION: On 78p; 78q; 78w; 31 U.S.C. 5318; 42 U.S.C. December 16, 2015, the Department of 4106. Transportation and the Federal Aviation ***** Subpart T also issued under 12 U.S.C. Part 48 ...... 2120–0765 1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m; Administration published the interim 78n; 78w. final rule Registration and Marking ***** Subpart U also issued under 12 U.S.C. Requirements for Small Unmanned 1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m; Aircraft (80 FR 78593). That rule 78n; 78p; 78w; 78d–1; 7241; 7242; 7243; provided an alternative, streamlined Issued in Washington, DC, under the 7244; 7261; 7264; 7265. and simple, web-based aircraft authority of 49 U.S.C. 106(f), on December Subpart W also issued under 12 U.S.C. registration process for the registration 16, 2015. 1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m; of small unmanned aircraft, including Lirio Liu, 78n; 78p; 78w. small unmanned aircraft operated as Subpart X also issued under 12 U.S.C. Director, Office of Rulemaking. model aircraft, to facilitate compliance 1462; 1462a; 1463; 1464; 1828; 3331 et seq. [FR Doc. 2015–31993 Filed 12–18–15; 8:45 am] Subpart Y also issued under 12 U.S.C. with the statutory requirement that all BILLING CODE 4910–13–P 1831o. aircraft register prior to operation. Subpart Z also issued under 12 U.S.C. That rule contained an information 1462; 1462a; 1463; 1464; 1828 (note). collection, Registration of Small Unmanned Aircraft. That information Subpart V—[Removed and reserved] collection requirement had not been approved by OMB at the time of ■ 3. Remove and reserve subpart V publication of the interim final rule. consisting of §§ 390.400 through In accordance with the Paperwork 390.408. Reduction Act, the FAA submitted a Dated at Washington, DC, this 15th day of copy of the new information collection December 2015. requirements to OMB for its review. By order of the Board of Directors. OMB approved the collection on

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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Karl Conclusion Schletzbaum, Aerospace Engineer, FAA, We reviewed the relevant data and Federal Aviation Administration Small Airplane Directorate, 901 Locust, determined that air safety and the Room 301, Kansas City, Missouri 64106; public interest require adopting the AD 14 CFR Part 39 telephone: (816) 329–4123; fax: (816) as proposed except for minor editorial 329–4090; email: karl.schletzbaum@ changes. We have determined that these [Docket No. FAA–2015–3956; Directorate faa.gov. minor changes: Identifier 2015–CE–032–AD; Amendment • 39–18345; AD 2015–25–07] SUPPLEMENTARY INFORMATION: Are consistent with the intent that was proposed in the NPRM (80 FR Discussion RIN 2120–AA64 57753, September 25, 2015) for We issued a notice of proposed correcting the unsafe condition; and Airworthiness Directives; Alpha rulemaking (NPRM) to amend 14 CFR • Do not add any additional burden Aviation Concept Limited Airplanes part 39 by adding an AD that would upon the public than was already apply to certain Alpha Aviation Concept proposed in the NPRM (80 FR 57753, AGENCY: Federal Aviation Limited Model R2160 airplanes. That September 25, 2015). Administration (FAA), Department of NPRM was published in the Federal Related Service Information Under Transportation (DOT). Register on September 25, 2015 (80 FR 1 CFR Part 51 ACTION: Final rule. 57753), and proposed to supersede AD 2008–09–01, Amendment 39–15481 (73 Alpha Aviation Concept Limited has SUMMARY: We are superseding FR 21519, April 22, 2008). revised its Alpha Aviation APEX R2000 Airworthiness Directive (AD) 2008–09– Since we issued AD 2008–09–01, Service Manual, S/N 001 to 378, and 01 for certain Alpha Aviation Concept Amendment 39–15481 (73 FR 21519, Alpha Aviation R2000 Service Manual. Limited Model R2160 airplanes. This April 22, 2008), Alpha Aviation Concept The updated service manuals include a AD results from mandatory continuing Limited developed a longer life limit for revision to Section 3: Airworthiness airworthiness information (MCAI) the wing structure and wing Limitations, Time Limits, & issued by an aviation authority of attachments and transferred the life Maintenance Inspections, Issued August another country to identify and correct limit information from the related 2015, that adds periodic internal wing an unsafe condition on an aviation service information to the airplane structure and wing attachment product. The MCAI describes the unsafe maintenance manual. Subsequently, inspections. These revisions to the condition as a need to revise the Alpha Aviation Concept Limited Airworthiness Limitations section of the maintenance program to include the discovered that the analysis that applicable service manuals are revised airworthiness limitations for the allowed the life limit increase was reasonably available because the internal wing structure and wing incorrect and the previous life limit and interested parties have access to them attachment inspections. We are issuing inspection provisions of the related through their normal course of business this AD to require actions to address the service bulletin should be retained. or by the means identified in the unsafe condition on these products. The NPRM proposed to correct an ADDRESSES section. DATES: This AD is effective January 25, unsafe condition for the specified Costs of Compliance 2016. products and was based on mandatory The Director of the Federal Register continuing airworthiness information We estimate that this AD will affect 9 approved the incorporation by reference (MCAI) originated by an aviation products of U.S. registry. We also of certain publications listed in the AD authority of another country. The Civil estimate that it will take about 3 work- as of January 25, 2016. Aviation Authority (CAA), which is the hours per product to comply with the basic requirements of this AD. The ADDRESSES: You may examine the AD aviation authority for New Zealand, has issued AD DCA/R2000/43, dated August average labor rate is $85 per work-hour. docket on the Internet at http:// Based on these figures, we estimate www.regulations.gov by searching for 7, 2015 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition the cost of this AD on U.S. operators to and locating Docket No. FAA–2015– be $2,295, or $255 per product. 3956; or in person at the Docket for the specified products. The MCAI states that: In addition, we estimate that any Management Facility, U.S. Department necessary follow-on actions will take of Transportation, Docket Operations, This AD introduces a change to the about 12 work-hours and require parts M–30, West Building Ground Floor, airworthiness limitations for the internal costing $1,326, for a cost of $2,346 per wing structure and wing attachment Room W12–140, 1200 New Jersey product. We have no way of Avenue SE., Washington, DC 20590. inspections. These inspection intervals were increased and added to Section 3.2— determining the number of products For service information identified in Airworthiness Limitations of the applicable that may need these actions. this final rule, contact Alpha Aviation Service Manual in January 2015. Section 3.2 Holdings Limited, Steele Road, RD 2 of the respective Service Manuals has now Authority for This Rulemaking Hamilton Airport, Hamilton 3282, New been revised to revert to the original Title 49 of the United States Code Zealand, telephone: +64 7 843 9877; fax: inspection intervals. specifies the FAA’s authority to issue +64 7 929 2878; Internet: http:// You may examine the MCAI on the rules on aviation safety. Subtitle I, www.alphaaviation.co.nz/. You may Internet at http://www.regulations.gov/ section 106, describes the authority of view this referenced service information #!documentDetail;D=FAA-2015-3956- the FAA Administrator. ‘‘Subtitle VII: at the FAA, Small Airplane Directorate, 0002. Aviation Programs,’’ describes in more 901 Locust, Kansas City, Missouri detail the scope of the Agency’s 64106. For information on the Comments authority. availability of this material at the FAA, We gave the public the opportunity to We are issuing this rulemaking under call (816) 329–4148. It is also available participate in developing this AD. We the authority described in ‘‘Subtitle VII, on the Internet at http:// received no comments on the NPRM (80 Part A, Subpart III, section 44701: www.regulations.gov by searching for FR 57753, September 25, 2015) or on the General requirements.’’ Under that Docket No. FAA–2015–3956. determination of the cost to the public. section, Congress charges the FAA with

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promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. (g) Other FAA AD Provisions air commerce by prescribing regulations The following provisions also apply to this § 39.13 [Amended] for practices, methods, and procedures AD: the Administrator finds necessary for ■ 2. The FAA amends § 39.13 by (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, safety in air commerce. This regulation removing Amendment 39–15481 (73 FR is within the scope of that authority FAA, has the authority to approve AMOCs 21519, April 22, 2008) and adding the for this AD, if requested using the procedures because it addresses an unsafe condition following new AD: found in 14 CFR 39.19. Send information to that is likely to exist or develop on ATTN: Karl Schletzbaum, Aerospace products identified in this rulemaking 2015–25–07 Alpha Aviation Concept Limited: Amendment 39–18345; Docket Engineer, FAA, Small Airplane Directorate, action. 901 Locust, Room 301, Kansas City, Missouri No. FAA–2015–3956; Directorate 64106; telephone: (816) 329–4146; fax: (816) Identifier 2015–CE–032–AD. Regulatory Findings 329–4090; email: [email protected]. We determined that this AD will not (a) Effective Date Before using any approved AMOC on any airplane to which the AMOC applies, notify have federalism implications under This airworthiness directive (AD) becomes your appropriate principal inspector (PI) in Executive Order 13132. This AD will effective January 25, 2016. not have a substantial direct effect on the FAA Flight Standards District Office (b) Affected ADs (FSDO), or lacking a PI, your local FSDO. the States, on the relationship between (2) Airworthy Product: For any requirement the national government and the States, This AD supersedes AD 2008–09–01, in this AD to obtain corrective actions from or on the distribution of power and Amendment 39–15481 (73 FR 21519, April a manufacturer or other source, use these responsibilities among the various 22, 2008) (‘‘AD 2008–09–01’’). actions if they are FAA-approved. Corrective levels of government. (c) Applicability actions are considered FAA-approved if they For the reasons discussed above, I are approved by the State of Design Authority This AD applies to Alpha Aviation (or their delegated agent). You are required certify this AD: Concept Limited Model R2160 airplanes, (1) Is not a ‘‘significant regulatory to assure the product is airworthy before it serial numbers (S/Ns) 001 through 378, and is returned to service. action’’ under Executive Order 12866, 160A–06001 and subsequent, certificated in (2) Is not a ‘‘significant rule’’ under any category. (h) Related Information the DOT Regulatory Policies and Refer to MCAI Civil Aviation Authority (d) Subject Procedures (44 FR 11034, February 26, (CAA) AD DCA/R2000/43, dated August 7, 1979), Air Transport Association of America 2015, for related information. You may (3) Will not affect intrastate aviation (ATA) Code 5: Time Limits. examine the MCAI on the Internet at http://www.regulations.gov by searching for in Alaska, and (e) Reason (4) Will not have a significant and locating Docket No. FAA–2015–3956– economic impact, positive or negative, This AD was prompted by mandatory 0002. continuing airworthiness information (MCAI) (i) Material Incorporated by Reference on a substantial number of small entities originated by an aviation authority of another under the criteria of the Regulatory country to identify and correct an unsafe (1) The Director of the Federal Register Flexibility Act. condition on an aviation product. The MCAI approved the incorporation by reference (IBR) of the service information listed in this Examining the AD Docket describes the unsafe condition as a need to revise the maintenance program to include paragraph under 5 U.S.C. 552(a) and 1 CFR You may examine the AD docket on the revised airworthiness limitations for the part 51. the Internet at http:// internal wing structure and wing attachment (2) You must use this service information www.regulations.gov by searching for inspections. We are issuing this AD to as applicable to do the actions required by prevent failure of the wing structure and this AD, unless the AD specifies otherwise. and locating Docket No. FAA–2015– (i) Paragraph 3.4.9, Wing 3500 hr fuselage attachment due to undetected 3956 or in person at the Docket Inspection, on pages 3–3 and 3–4, dated fatigue and corrosion. Management Facility between 9 a.m. August 2015, of Section 3: Airworthiness and 5 p.m., Monday through Friday, (f) Actions and Compliance Limitations, Time Limits, & Maintenance Inspections, dated August 2015, of the APEX except Federal holidays. The AD docket Unless already done, before further flight R2000 Service Manual S/N 001 to 378, Alpha contains the NPRM, the regulatory after January 25, 2016 (the effective date of Aviation Ltd. evaluation, any comments received, and this AD), insert the following into the (ii) Paragraph 3.4.9, Wing 3500 hr other information. The street address for Airworthiness Limitations section of the Inspection, on pages 3–3 and 3–4, dated FAA-approved maintenance program (e.g., the Docket Office (telephone (800) 647– August 2015, of Section 3: Airworthiness 5527) is in the ADDRESSES section. maintenance manual). These revisions to the Limitations, Time Limits, & Maintenance Comments will be available in the AD Limitations sections incorporate the wing Inspections, all dated August 2015, of the docket shortly after receipt. spar inspection upon the accumulation of R2000 Service Manual, Alpha Aviation Ltd. 3,500 hours time-in-service (TIS) and require (3) For Alpha Aviation Concept Limited List of Subjects in 14 CFR Part 39 a repetitive inspection thereafter every 750 service information identified in this AD, Air transportation, Aircraft, Aviation hours TIS (the requirements of AD 2008–09– contact Alpha Aviation Holdings Limited, safety, Incorporation by reference, 01): Steele Road, RD 2 Hamilton Airport, (1) For S/Ns 001 through 378: Insert Safety. Hamilton 3282, New Zealand, telephone: +64 paragraph 3.4.9, Wing 3500 hr Inspection, on 7 843 9877; fax: +64 7 929 2878; Internet: Adoption of the Amendment pages 3–3 and 3–4, dated August 2015, of http://www.alphaaviation.co.nz/. Section 3: Airworthiness Limitations, Time Accordingly, under the authority (4) You may view this service information Limits, & Maintenance Inspections, dated at FAA, Small Airplane Directorate, 901 delegated to me by the Administrator, August 2015, of the APEX R2000 Service Locust, Kansas City, Missouri 64106. For the FAA amends 14 CFR part 39 as Manual S/N 001 to 378, Alpha Aviation Ltd. information on the availability of this follows: (2) For S/Ns 160A–06001 and subsequent: material at the FAA, call 816–329–4148. In Insert paragraph 3.4.9, Wing 3500 hr addition, you can access this service PART 39—AIRWORTHINESS Inspection, on pages 3–3 and 3–4, dated information on the Internet at http:// DIRECTIVES August 2015, of Section 3: Airworthiness www.regulations.gov by searching for and Limitations, Time Limits, & Maintenance locating Docket No. FAA–2015–3956. ■ 1. The authority citation for part 39 Inspections, all dated August 2015, of the (5) You may view this service information continues to read as follows: R2000 Service Manual, Alpha Aviation Ltd. that is incorporated by reference at the

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National Archives and Records Indian land and BIA land. See 80 FR Privacy Act because of criminal, civil, Administration (NARA). For information on 72492. Since publication, BIA has and administrative enforcement the availability of this material at NARA, call received comments from tribes and requirements. In 2008, the U.S. Congress 202–741–6030, or go to: http:// industry requesting an extension of the passed legislation that obligated the www.archives.gov/federal-register/cfr/ibr- locations.html. effective date of the rule in order to Secretary of Defense to develop access provide additional time to prepare for standards for visitors applicable to all Issued in Kansas City, Missouri, on implementation to ensure compliance. military installations in the U.S. The December 11, 2015. This document extends the effective Department of Defense (DoD) developed Pat Mullen, date of the final rule to March 21, 2016, a visitor system to manage multiple Acting Manager, Small Airplane Directorate, and likewise extends the deadline for databases that are capable of identifying Aircraft Certification Service. providing BIA with documentation of individuals seeking access to DoD [FR Doc. 2015–31716 Filed 12–18–15; 8:45 am] past assignments to July 17, 2016. The installations who may be criminal and/ BILLING CODE 4910–13–P substance of the rule remains or security threats. The purpose of the unchanged. vetting system is to screen individuals The BIA has determined that the wishing to enter a DoD facility, to DEPARTMENT OF THE INTERIOR extension of the effective date and include those who have been previously compliance date without prior public given authority to access DoD Bureau of Indian Affairs notice and comment is in the public installations, against the FBI National interest because it would allow more Crime Information Center (NCIC) 25 CFR Part 169 time for the public to comply with the Wanted Person File. The NCIC has a [156A2100DD/AAKC001030/ rule and for BIA to implement the rule. properly documented exemption rule A0A501010.999900 253G] This is a rule of agency procedure or and to the extent that portions of these practice that is exempt from notice and exempt records may become part of RIN 1076–AF20 comment rulemaking under 5 U.S.C. IMESA, OSD hereby claims the same Rights-of-Way on Indian Land 553(b)(A). exemptions for the records as claimed at their source (JUSTICE/FBI–001, Correction AGENCY: Bureau of Indian Affairs, National Crime Information Center Interior. In FR Rule Doc. No. 2015–28548, (NCIC)). published November 19, 2015, at 80 FR ACTION: Final rule; extension of effective DATES: Effective Date: This rule is date and compliance date. 72492, make the following corrections: effective January 20, 2016. 1. On page 72357, in the center and FOR FURTHER INFORMATION CONTACT: Ms. SUMMARY: The Bureau of Indian Affairs right columns, in revised § 169.7, Cindy Allard, (571) 372–0461. (BIA) is announcing the extension of the remove the date ‘‘December 21, 2015’’ effective date of the final rule published wherever it appears and add in its place SUPPLEMENTARY INFORMATION: The November 19, 2015 governing rights-of- ‘‘March 21, 2016’’. proposed rule was published in the way on Indian land, which was 2. On page 72357, in the right column, Federal Register on February 27, 2014 scheduled to take effect on December in paragraph (d) of revised § 169.7, (79 FR 11048–11050, Docket ID: DoD– 21, 2015. Tribes and industry have remove the date ‘‘April 18, 2016’’ and 2014–OS–0024). One comment was requested additional time to prepare for add in its place ‘‘July 17, 2016’’. received. The writer raised a number of implementation of the rule. The final personal concerns (issues with rule will now take effect on March 21, Dated: December 14, 2015. neighbor, banking, and family). The 2016. The BIA is also announcing an Kevin K. Washburn, issues identified have no relevance to extension of the compliance date by Assistant Secretary—Indian Affairs. the proposed exemption of the Identity which documentation of past [FR Doc. 2015–31892 Filed 12–18–15; 8:45 am] Management Engine for Security and assignments must be submitted from the BILLING CODE 4337–15–P Analysis (IMESA) from portions of the originally stated date of April 18, 2016 Privacy Act. to July 17, 2016. The final rule Additionally, the title of the system comprehensively updates and DEPARTMENT OF DEFENSE has been changed from Interoperability streamlines the process for obtaining Layer Service (IoLS) to Identity Bureau of Indian Affairs (BIA) grants of Office of the Secretary Management Engine for Security and Analysis (IMESA). This title change is rights-of-way on Indian land and BIA [Docket ID: DoD–2014–OS–0024] land, while supporting tribal self- reflected in the final rule. determination and self-governance. 32 CFR Part 311 Executive Order 12866, ‘‘Regulatory DATES: The effective date of the final Planning and Review’’ and Executive rule published on November 19, 2015 Privacy Act; Implementation Order 13563, ‘‘Improving Regulation (80 FR 72492) is extended until March AGENCY: Office of the Secretary, DoD. and Regulatory Review’’ 21, 2016. The compliance date for It has been determined that this rule submission of documentation of past ACTION: Final rule. is not a significant rule. This rule does assignments is extended until July 17, SUMMARY: The Office of the Secretary of not: 2016. Defense (OSD) is amending its (1) Have an annual effect on the FOR FURTHER INFORMATION CONTACT: Ms. regulations to exempt portions of a economy of $100 million or more or Elizabeth Appel, Director, Office of system of records from certain adversely affect in a material way the Regulatory Affairs & Collaborative provisions of the Privacy Act. economy; a sector of the economy; Action, (202) 273–4680; Specifically, the Department proposes to productivity; competition; jobs; the [email protected]. exempt portions of DMDC 16 DoD, environment; public health or safety; or SUPPLEMENTARY INFORMATION: On entitled ‘‘Identity Management Engine State, local, or tribal governments or November 19, 2015, BIA published a for Security and Analysis (IMESA)’’ communities; (2) Create a serious final rule addressing rights-of-way on from one or more provisions of the inconsistency or otherwise interfere

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with an action taken or planned by (26) System identifier and name: informants, and witnesses. Amendment another Agency; (3) Materially alter the DMDC 16 DoD, Identity Management of these records would interfere with budgetary impact of entitlements, Engine for Security and Analysis ongoing counterterrorism, law grants, user fees, or loan programs, or (IMESA). enforcement, or intelligence the rights and obligations of recipients (i) Exemption: To the extent that investigations and analysis activities thereof; or (4) Raise novel legal or policy copies of exempt records from JUSTICE/ and impose an impossible issues arising out of legal mandates, the FBI–001, National Crime Information administrative burden by requiring President’s priorities, or the principles Center (NCIC) are entered into the investigations, analyses, and reports to set forth in these Executive orders. Interoperability Layer Service records, be continuously reinvestigated and the OSD hereby claims the same revised. Public Law 96–354, ‘‘Regulatory exemptions, (j)(2) and (k)(3), for the (D) From subsection (e)(1) because it Flexibility Act’’ (5 U.S.C. Chapter 6) records as claimed in JUSTICE/FBI–001, is not always possible to determine It has been determined that this rule National Crime Information Center what information is relevant and does not have significant economic (NCIC). Pursuant to 5 U.S.C. 552a necessary to complete an identity impact on a substantial number of small portions of this system that fall within comparison between the individual entities because it is concerned only (j)(2) and (k)(3) are exempt from the seeking access and a known or with the administration of Privacy Act following provisions of 5 U.S.C. 552a, suspected terrorist. Also, because DoD systems of records within the section (c)(3) and (4); (d); (e)(1) through and other agencies may not always Department of Defense. A Regulatory (3); (e)(4)(G) through (I); (e)(5) and (8); know what information about an Flexibility Analysis is not required. (f); and (g) (as applicable) of the Act. encounter with a known or suspected (ii) Authority: 5 U.S.C. 552a(j)(2) and terrorist will be relevant to law Public Law 95–511, ‘‘Paperwork (k)(3). enforcement for the purpose of Reduction Act’’ (44 U.S.C. Chapter 35) (iii) Reasons: (A) from subsection conducting an operational response. This rule does not contain any (c)(3) because making available to a (E) From subsection (e)(2) because information collection requirements record subject the accounting of application of this provision could subject to the Paperwork Reduction Act disclosure from records concerning him present a serious impediment to of 1995 (44 U.S.C. 3501 et seq.). or her would specifically reveal any counterterrorism, law enforcement, or investigative interest in the individual. intelligence efforts in that it would put Section 202, Public Law 104–4, Revealing this information could the subject of an investigation, study, or ‘‘Unfunded Mandates Reform Act’’ reasonably be expected to compromise analysis on notice of that fact, thereby It has been determined that this rule ongoing efforts to investigate a known or permitting the subject to engage in does not involve a Federal mandate that suspected terrorist by notifying the conduct designed to frustrate or impede may result in the expenditure by State, record subject that he or she is under that activity. The nature of local and tribal governments, in the investigation. This information could counterterrorism, law enforcement, or aggregate, or by the private sector, of also permit the record subject to take intelligence investigations is such that $100 million or more and will not measures to impede the investigation, vital information about an individual significantly or uniquely affect small e.g., destroy evidence, intimidate frequently can be obtained only from governments. potential witnesses, or flee the area to other persons who are familiar with avoid or impede the investigation. such individual and his/her activities. Executive Order 13132, ‘‘Federalism’’ (B) From subsection (c)(4) because In such investigations, it is not feasible Executive Order 13132 requires portions of this system are exempt from to rely upon information furnished by regulations be reviewed for Federalism the access and amendment provisions of the individual concerning his own effects on the institutional interest of subsection (d). activities. states and local governments, and if the (C) From subsection (d) because these (F) From subsection (e)(3) to the effects are sufficiently substantial, provisions concern individual access to extent that this subsection is interpreted preparation of the Federal assessment is and amendment of certain records to require DoD to provide notice to an required to assist senior policy makers. contained in this system, including law individual if DoD or another agency The amendments will not have any enforcement, counterterrorism, receives or collects information about substantial direct effects on state and investigatory, and intelligence records. that individual during an investigation local governments within the meaning Compliance with these provisions could or from a third party. Should this of the EO. Therefore, no Federalism alert the subject of an investigation of subsection be so interpreted, exemption assessment is required. the fact and nature of the investigation, from this provision is necessary to avoid and/or the investigative interest of impeding counterterrorism, law List of Subjects in 32 CFR Part 311 intelligence or law enforcement enforcement, or intelligence efforts by Privacy. agencies; compromise sensitive putting the subject of an investigation, Accordingly, 32 CFR part 311 is information related to national security; study, or analysis on notice of that fact, amended to read as follows: interfere with the overall law thereby permitting the subject to engage enforcement process by leading to the in conduct intended to frustrate or PART 311—[AMENDED] destruction of evidence, improper impede the activity. influencing of witnesses, fabrication of (G) From subsection (e)(4)(G), ■ 1. The authority citation for 32 CFR testimony, and/or flight of the subject; (e)(4)(H), and (e)(4)(I) (Agency part 311 continues to read as follows: could identify a confidential source or Requirements) because portions of this Authority: 5 U.S.C. 552a. disclose information which would system are exempt from the access and ■ 2. Section 311.8 is amended by adding constitute an unwarranted invasion of amendment provisions of subsection paragraph (c)(26) as follows: another’s personal privacy; reveal a (d). sensitive investigative or intelligence (H) From subsection (e)(5) because the § 311.8 Procedures for exemptions. technique; or constitute a potential requirement that records be maintained * * * * * danger to the health or safety of law with attention to accuracy, relevance, (c) * * * enforcement personnel, confidential timeliness, and completeness could

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unfairly hamper law enforcement DEPARTMENT OF HOMELAND Upper Mississippi River. The bridge processes. It is the nature of law SECURITY cannot open in case of emergency. enforcement to uncover the commission Winter conditions on the Upper of illegal acts at diverse stages. It is often Coast Guard Mississippi River coupled with the impossible to determine initially what closure of Army Corps of Engineer’s information is accurate, relevant, timely, 33 CFR Part 117 Lock No. 13 (Mile 522.5 UMR) and Lock No. 21 (Mile 324.9 UMR) from 7 a.m. and least of all complete. With the [Docket No. USCG–2015–1099] passage of time, seemingly irrelevant or January 4, 2016 until 12 p.m., March 4, 2016 will preclude any significant untimely information may acquire new Drawbridge Operation Regulation; navigation demands for the drawspan significance as further details are Upper Mississippi River, Sabula, Iowa opening. In addition, Army Corps Lock brought to light. AGENCY: Coast Guard, DHS. No. 14 (Mile 493.3 UMR) and Lock No. (I) From subsection (e)(8) because the 17 (Mile 437.1 UMR) will be closed ACTION: Notice of deviation from requirement to serve notice on an from 7 a.m. December 14, 2015 until 12 drawbridge regulation. individual when a record is disclosed p.m. March 2, 2016. under compulsory legal process could SUMMARY: The Coast Guard has issued a The Sabula Railroad Drawbridge unfairly hamper law enforcement temporary deviation from the operating provides a vertical clearance of 18.1 feet processes. It is the nature of law schedule that governs the Sabula above normal pool in the closed-to- enforcement that there are instances Railroad Drawbridge across the Upper navigation position. Navigation on the where compliance with these provisions Mississippi River, mile 535.0, at Sabula, waterway consists primarily of could alert the subject of an Iowa. The deviation is necessary to commercial tows and recreational investigation of the fact and nature of allow the bridge owner time to perform watercraft and will not be significantly impacted. The drawbridge will open if the investigation, and/or the preventive maintenance that is essential at least 24-hours advance notice is investigative interest of intelligence or to the safe operation of the drawbridge, and is scheduled in the winter when given. This temporary deviation has law enforcement agencies; compromise been coordinated with waterway users. sensitive information related to national there is less impact on navigation. This deviation allows the bridge to open on No objections were received. security; interfere with the overall law In accordance with 33 CFR 117.35(e), signal if at least 24-hours advance notice enforcement process by leading to the the drawbridge must return to its regular is given. destruction of evidence, improper operating schedule immediately at the influencing of witnesses, fabrication of DATES: This deviation is effective end of the effective period of this testimony, and/or flight of the subject; without actual notice from December temporary deviation. This deviation reveal a sensitive investigative or 21, 2015 through 7 a.m., March 4, 2016. from the operating regulations is intelligence technique; or constitute a For the purposes of enforcement, actual authorized under 33 CFR 117.35. notice will be used from 7 a.m., potential danger to the health or safety Dated: December 15, 2015. of law enforcement personnel, December 16, 2015 until December 21, 2015. Eric A. Washburn, confidential informants, and witnesses. Bridge Administrator, Western Rivers. ADDRESSES: The docket for this (J) From subsection (f) because deviation, [USCG–2015–1099] is [FR Doc. 2015–31917 Filed 12–18–15; 8:45 am] requiring the Agency to grant access to available at http://www.regulations.gov. BILLING CODE 9110–04–P records and establishing agency rules Type the docket number in the for amendment of records would ‘‘SEARCH’’ box and click ‘‘SEARCH’’. DEPARTMENT OF HOMELAND unfairly impede the agency’s law Click on Open Docket Folder on the line SECURITY enforcement mission. To require the associated with this deviation. confirmation or denial of the existence FOR FURTHER INFORMATION CONTACT: If Coast Guard of a record pertaining to a requesting you have questions on this temporary individual may in itself provide an deviation, call or email Eric A. 33 CFR Part 117 answer to that individual relating to the Washburn, Bridge Administrator, [Docket No. USCG–2015–1064] existence of an on-going investigation. Western Rivers, Coast Guard; telephone The investigation of possible unlawful 314–269–2378, email Eric.Washburn@ Drawbridge Operation Regulation; activities would be jeopardized by uscg.mil. Atlantic Intracoastal Waterway, agency rules requiring verification of the SUPPLEMENTARY INFORMATION: The Wrightsville Beach, NC record, disclosure of the record to the Canadian Pacific Railroad requested a AGENCY: Coast Guard, DHS. subject, and record amendment temporary deviation for the Sabula ACTION: procedures. Railroad Drawbridge, across the Upper Notice of deviation from (K) From subsection (g) to the extent Mississippi River, mile 535.0, at Sabula, drawbridge regulation. that the system is exempt from other Iowa to open on signal if at least 24- SUMMARY: The Coast Guard has issued a specific subsections of the Privacy Act. hours advance notice is given for 78 temporary deviation from the operating Dated: December 2, 2015. days from 7 a.m., December 16, 2015 schedule that governs the SR 74 Bascule until 7 a.m., March 4, 2016 for Aaron Siegel, Bridge, across the Atlantic Intracoastal scheduled maintenance on the bridge. Waterway (AIWW), mile 283.1, at Alternate OSD Federal Register Liaison The Sabula Railroad Drawbridge Wrightsville Beach, NC. The deviation Officer, Department of Defense. currently operates in accordance with is necessary to accommodate the 7th [FR Doc. 2015–31868 Filed 12–18–15; 8:45 am] 33 CFR 117.5, which states the general annual Quintiles Wrightsville Beach BILLING CODE 5001–06–P requirement that the drawbridge shall Marathon. This deviation allows the open on signal. bridge to remain in the closed position There are no alternate routes for during the race to facilitate the safe vessels transiting this section of the travels of the runners and bystanders.

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DATES: This deviation is effective from operating schedule immediately at the The waterway is transited by one 5 a.m. to 10:30 a.m. on Sunday, March end of the effective period of this commercial user and recreation vessel 20, 2016. temporary deviation. This deviation traffic. ADDRESSES: The docket for this from the operating regulations is Under this temporary deviation, the deviation, [USCG–2015–1064] is authorized under 33 CFR 117.35. Amtrak Old Saybrook-Old Lyme Bridge available at http://www.regulations.gov. Dated: December 15, 2015. may remain in the closed position from 7:00 a.m. on January 25, 2016 to 7:00 Type the docket number in the Hal R. Pitts, ‘‘SEARCH’’ box and click ‘‘SEARCH’’. a.m. on January 30, 2016 with rain date Bridge Program Manager, Fifth Coast Guard from 7:00 a.m. on February 1, 2016 to Click on Open Docket Folder on the line District. associated with this deviation. 7:00 a.m. on February 6, 2016. [FR Doc. 2015–31938 Filed 12–18–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: If Vessels able to pass through the BILLING CODE 9110–04–P you have questions on this temporary bridge in the closed positions may do so deviation, call or email Kashanda at anytime. The bridge will not be able Booker, Bridge Administration Branch, to open for emergencies and there is no DEPARTMENT OF HOMELAND immediate alternate route for vessels to Fifth Coast Guard; telephone 757–398– SECURITY 6227, email Kashanda.l.booker@ pass. The Coast Guard will also inform the uscg.mil. Coast Guard users of the waterways through our SUPPLEMENTARY INFORMATION: The 7th Local and Broadcast Notices to Mariners Annual Quintiles Wrightsville Beach 33 CFR Part 117 of the change in operating schedule for Marathon committee on behalf of the [Docket No. USCG–2015–1063] the bridge so that vessels can arrange North Carolina Department of their transits to minimize any impact Transportation (NCDOT) has requested Drawbridge Operation Regulation; caused by the temporary deviation. a temporary deviation from the current Connecticut River, Old Lyme, CT In accordance with 33 CFR 117.35(e), operating schedule for the SR 74 the drawbridge must return to its regular AGENCY: Coast Guard, DHS. Bascule Drawbridge across the AIWW, operating schedule immediately at the mile 283.1, at Wrightsville Beach, NC. ACTION: Notice of deviation from end of the effective period of this The requested deviation will drawbridge regulation. temporary deviation. This deviation accommodate the 7th Annual Quintiles SUMMARY: The Coast Guard has issued a from the operating regulations is Wrightsville Beach Marathon scheduled temporary deviation from the operating authorized under 33 CFR 117.35. for Sunday, March 20, 2016. To schedule that governs the Amtrak Old Dated: December 15, 2015. facilitate this event, the draw of the Saybrook-Old Lyme Bridge across the C.J. Bisignano, bridge will be maintained in the closed- Connecticut River, mile 3.4, at Old Supervisory Bridge Management Specialist, to-navigation position from 5 a.m. to Lyme, Connecticut. This deviation is First Coast Guard District. 10:30 a.m. to allow race participants to necessary to perform gear box [FR Doc. 2015–31939 Filed 12–18–15; 8:45 am] cross during the scheduled event. replacement. This deviation allows the BILLING CODE 9110–04–P The current operation schedule is set bridge to remain in the closed position out in 33 CFR 117.821(a)(4). The for approximately 5 days. regulation requires the bridge to open DATES: This deviation is effective from on signal for vessels at all times except ENVIRONMENTAL PROTECTION 7:00 a.m. on January 25, 2016 to 7:00 that from 7 a.m. until 7 p.m. the bridge AGENCY a.m. on February 6, 2016. shall open on the hour; every third and 40 CFR Part 52 fourth Saturday in September the bridge ADDRESSES: The docket for this shall remain closed from 7 a.m. until 11 deviation, [USCG–2015–1063] is [EPA–R05–OAR–2014–0705; FRL–9939–75– a.m.; and the last Saturday of October or available at http://www.regulations.gov. Region 5] the first or second Saturday of Type the docket number in the Air Quality Implementation Plan November the bridge shall remain ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Approval; Illinois; Illinois Power closed from 7 a.m. until 10:30 a.m. The Click on Open Docket Folder on the line Holdings and AmerenEnergy Medina bascule drawbridge has a vertical associated with this deviation. Valley Cogen Variance clearance of 20 feet above mean high FOR FURTHER INFORMATION CONTACT: If water (MHW) in the closed position. you have questions on this temporary AGENCY: Environmental Protection Vessels able to pass through the deviation, call or email Ms. Judy K. Agency (EPA). Leung-Yee, Project Officer, First Coast bridge in the closed position may do so ACTION: Final rule. at anytime. The bridge will be able to Guard District, telephone (212) 514– open for emergencies and there is no 4330, email [email protected]. SUMMARY: The Environmental Protection immediate alternate route for vessels. SUPPLEMENTARY INFORMATION: National Agency (EPA) is approving into the Most waterway traffic consists of Passenger Railroad Corporation Illinois Regional Haze State recreational boats with a few barges and (Amtrak) requested this temporary Implementation Plan (SIP) a variance for tugs during the daytime. The Coast deviation from the normal operating the electrical generating units (EGUs) Guard will also inform the users of the schedule to perform gear box included in the Ameren Multi-Pollutant waterways through our Local and replacement. Standard Group (Ameren MPS Group). Broadcast Notices to Mariners of the The Amtrak Old Saybrook-Old Lyme The Ameren MPS Group consists of five change in operating schedule for the Bridge, mile 3.4, across the Connecticut facilities owned by Illinois Power bridge so that vessel operators can River has a vertical clearance in the Holdings, LLC (IPH) and two facilities arrange their transits to minimize any closed position of 19 feet at mean high owned by AmerenEnergy Medina Valley impact caused by the temporary water and 22 feet at mean low water. Cogen, LLC (Medina Valley). The deviation. The existing bridge operating Illinois Environmental Protection In accordance with 33 CFR 117.35(e), regulations are found at 33 CFR Agency (IEPA) submitted the variance to the drawbridge must return to its regular 117.205(b). EPA for approval on September 3, 2014.

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DATES: This final rule is effective on from any Class I area, and given that the the Illinois Regional Haze SIP on January 20, 2016. averaging in Illinois’ plan is only September 3, 2014. ADDRESSES: EPA has established a authorized within the somewhat limited EPA proposed to approve the variance docket for this action under Docket ID region within which each utility’s on April 20, 2015 (80 FR 21681). As No. EPA–R05–OAR–2014–0705. All plants are located, EPA determined that discussed in the proposal, the variance documents in the docket are listed on a reallocation of emission reductions results in less SO2 emissions than the the www.regulations.gov Web site. from one plant to another is unlikely to currently approved Regional Haze SIP. Although listed in the index, some change the visibility impact of those Id. at 21683. In addition, EPA information is not publicly available, emission reductions significantly. determined that the significantly lower i.e., Confidential Business Information Consequently, EPA concluded that the SO2 emissions under the variance (CBI) or other information whose significantly greater emission reductions versus application of Best Available disclosure is restricted by statute. that Illinois required in its Regional Control Technology (BACT) to BART- Certain other material, such as Haze SIP will yield greater progress subject sources, will yield greater copyrighted material, is not placed on toward visibility protection as compared progress toward visibility protection. Id. the Internet and will be publicly to the benefits of a conservative estimate at 21684. Finally, with respect to the available only in hard copy form. of BART. requirements of section 110(l) of the Publicly available docket materials are One of the rules approved in that Clean Air Act (CAA) (42 U.S.C. 7410(l)), available either electronically through action to meet BART requirements is 35 because the variance will result in less Illinois Administrative Code (Ill. Adm. www.regulations.gov or in hard copy at SO2 emissions than the currently the Environmental Protection Agency, Code) rule 225.233, Multi-Pollutant approved Regional Haze SIP and will Region 5, Air and Radiation Division, 77 Standard (MPS), specifically continue to provide better visibility West Jackson Boulevard, Chicago, subsections (a), (b), (e), and (g). Section protection than the application of BART Illinois 60604. This facility is open from 225.233(e)(3)(C) contains the sulfur to BART-subject units, EPA has dioxide (SO 8:30 a.m. to 4:30 p.m., Monday through 2) emission standards determined that the variance will not applicable to the Ameren MPS Group. Friday, excluding Federal holidays. We interfere with attainment, reasonable Section 225.233(e)(3)(C)(i) establishes recommend that you telephone further progress, or any other applicable an overall SO annual emission rate for Kathleen D’Agostino, Environmental 2 requirement of the CAA. Id. at 21684. EGUs in the Ameren MPS group of 0.50 Engineer, at (312) 886–1767 before pounds per million Btu (lb/mmBtu) for II. Response to Comments visiting the Region 5 office. calendar years 2010 through 2013. EPA received joint adverse comments FOR FURTHER INFORMATION CONTACT: Section 225.233(e)(3)(C)(ii) establishes Kathleen D’Agostino, Environmental from Earthjustice and Sierra Club, as an overall SO2 annual emission rate for Engineer, Attainment Planning and summarized in the comments/responses EGUs in the Ameren MPS group of 0.43 below. Maintenance Section, Air Programs lb/mmBtu for calendar year 2014. Comment 1: The proposed SIP Branch (AR–18J), Environmental Section 225.233(e)(3)(C)(iii) establishes revision unlawfully substitutes fleet- Protection Agency, Region 5, 77 West an overall SO2 annual emission rate for Jackson Boulevard, Chicago, Illinois EGUs in the Ameren MPS group of 0.25 wide emission limits for the unit- 60604, (312) 886–1767, lb/mmBtu for calendar years 2015 and specific five factor BART analysis [email protected]. 2016. Section 225.233(e)(3)(C)(iv) required by the CAA. Response 1: Section 169A(b)(2)(A) of SUPPLEMENTARY INFORMATION: establishes an overall SO2 annual Throughout this document whenever emission rate for EGUs in the Ameren the CAA, 42 U.S.C. 7491(b)(2)(A), ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean MPS group of 0.23 lb/mmBtu beginning requires states to revise their SIPs to EPA. This supplementary information in calendar year 2017 and continuing contain such measures as may be section is arranged as follows: each calendar year thereafter. necessary to make reasonable progress On November 21, 2013, the Illinois towards the natural visibility goal, I. Background including a requirement that certain II. Response to Comments Pollution Control Board (IPCB) granted III. Final Action IPH and Medina Valley a variance from existing major stationary sources IV. Incorporation by Reference the applicable requirements of Section procure, install, and operate BART, as V. Statutory and Executive Order Reviews 225.233(e)(3)(C)(iii) for a period determined by the state. In some cases, beginning January 1, 2015, through this requirement is met with an analysis I. Background December 31, 2019, and Section of potential controls for each source On June 24, 2011, Illinois submitted 225.233(e)(3)(C)(iv) for a period subject to BART considering five factors a plan to address the requirements of beginning January 1, 2017, through set out in EPA’s regional haze rule. 40 the Regional Haze Rule, as codified at December 31, 2019, subject to certain CFR 51.308(e)(1)(ii)(A). However, as 40 CFR 51.308. EPA approved Illinois’ conditions. The IPH facilities included described in several previous rules, EPA Regional Haze SIP on July 6, 2012 (77 in the Ameren MPS Group and subject has concluded that CAA section 169A FR 39943). In its approval, EPA to the variance are Coffeen Energy may reasonably be interpreted to determined that the emission reductions Center (Montgomery County), Duck provide that the requirement for BART from sources included in the Illinois Creek Energy Center (Fulton County), may be satisfied by an alternate program plan are significantly greater than even E.D. Edwards Energy Center (Peoria that provides greater reasonable conservative definitions of best County), Joppa Energy Center (Massac progress toward visibility improvement available retrofit technology (BART) County), and Newton Energy Center than direct application of BART to applied to BART subject units. Id. at (Jasper County). The Medina Valley individual sources determined to be 39946. EPA also addressed whether the facilities included in the Ameren MPS subject to the BART requirement. See 40 Illinois plan can also be expected to Group and subject to the variance are CFR 51.308(e), 64 FR 35714, 35741– achieve greater visibility protection than the Meredosia Energy Center (Morgan 35743 (July 1, 1999), 70 FR 39104, application of BART on BART-subject County) and the Hutsonville Energy 39136 (July 6, 2005), 71 FR 60612 units. Given that, in general, the Illinois Center (Crawford County). IEPA (October 13, 2006), and 77 FR 33642 power plants are substantial distances submitted the variance as a revision to (June 7, 2012).

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In 1999, EPA promulgated the Comment 2: The plain language of the than BART. Center for Energy and Regional Haze Rule, which established CAA ‘‘provides that EPA’s regulations Economic Development v. EPA, 398 a comprehensive visibility protection ‘shall require’ each SIP to contain F.3d 653, 660 (D.C. Cir. 2005) (‘‘CEED’’) program for mandatory Class I Federal various elements, and those elements (finding reasonable EPA’s interpretation areas (including many national parks must include BART as a minimum of CAA section 169(a)(2) as requiring and wilderness areas). In the preamble requirement of every haze SIP.’’ The BART only as necessary to make to the Regional Haze Rule, EPA stated CAA does not permit a state to exempt reasonable progress). In the second case, that, to demonstrate that emission units from BART without going through Utility Air Regulatory Group v. EPA, 471 reductions of an alternative program the exemption process outlined in the F.3d 1333 (D.C. Cir. 2006) (‘‘UARG’’), would result in greater emission statute. The statute specifies the only the court specifically upheld EPA’s reductions, ‘‘the State must estimate the circumstances in which a source may be determination that states could rely on emission reductions that would result exempted from BART, none of which the Clean Air Interstate Rule (‘‘CAIR’’) from the use of BART-level controls. To apply here. 42 U.S.C. 7491(c). The CAA as an alternative program to BART for do this, the State could undertake a provision that allows some limited EGUs in the CAIR-affected states. The source-specific review of the sources in exemptions from BART makes plain court concluded that the EPA’s two- the State subject to BART, or it could that any such exemption must be pronged test for determining whether an use a modified approach that simplifies assessed and determined on a source- alternative program achieves greater the analysis.’’ 64 FR 35742 (July 1, specific, not a state-wide basis. Id. at reasonable progress was a reasonable 1999). 7491(c)(1). Furthermore, EPA may one and also agreed with EPA that exempt a unit from the source-specific nothing in the CAA required the EPA to In a final rule revising certain BART requirements of the CAA only ‘‘impose a separate technology mandate provisions of the Regional Haze Rule where the Federal Land Managers for sources whose emissions affect Class published on October 13, 2006, EPA concur with the EPA determination of I areas, rather than piggy-backing on offered further clarification for states for an exemption. Id. at 7491(c)(3). solutions devised under other statutory assessing alternative strategies, in Response 2: We do not agree that the categories, where such solutions meet particular regarding the benchmark provisions governing exemptions to the statutory requirements.’’ Id. at 1340. definition of BART to use in judging BART apply. Neither the Illinois See also Central Arizona Water whether the alternative is better. 71 FR Regional Haze SIP previously approved Conservation District v. EPA, 990 F.2d 60612. In this rulemaking, EPA stated in by EPA nor the revisions to that SIP 1531, 1543 (9th Cir. 1993) (upholding the preamble that the presumptive contained in the variance being EPA’s interpretation of CAA section BART levels given in the BART approved in this action exempt BART- 169A(b)(2)). guidelines 1 would be a suitable baseline eligible sources from BART Comment 3: An interpretation of the against which to compare alternative requirements, but rather satisfy the statute which allows a state to substitute strategies, where the alternatives have BART requirements through the an alternative for BART on a state-wide been designed to meet a requirement adoption of an alternative program that or fleet-wide basis cannot be reconciled other than BART. Id. at 60619; see also provides greater reasonable progress with Congress specifying very narrow 40 CFR 51.308(e)(2)(i)(C). As described towards improving visibility. standards for exempting a source from in the EPA’s proposed approval of the Section 169A(b)(2) of the CAA, 42 BART. If EPA relies on the D.C. Circuit Illinois variance, EPA took a more U.S.C. 9491(b)(2), requires each Court of Appeals decisions upholding conservative approach and compared visibility SIP to contain ‘‘such emission its interpretation of the statute, ‘‘the emissions under the variance to the limits, schedules of compliance and cases are incorrect in that the D.C. application of typical BACT control other measures as may be necessary to Circuit Court of Appeals has rewritten levels to the BART subject units in the make reasonable progress toward the statute by failing to give effect to the Ameren MPS Group.2 80 FR 21681, meeting the national goal * * * plain language requiring each SIP to 21683 (April 20, 2015). In brief, EPA including * * * a requirement that include BART and by disregarding the found that the alternative restrictions [certain major stationary sources] * * * very specific parameters in the statute imposed by Illinois under the variance procure, install, and operate * * * for exemptions from BART.’’ In can be demonstrated to provide greater [BART].’’ Based on this language, EPA addition, ‘‘these decisions are not emission reductions and greater concluded in the Regional Haze Rule binding precedent in the 7th Circuit, visibility improvement than that if an alternative program can be which has jurisdiction over EPA’s conservative definitions of BART, even shown to make greater reasonable approval of the Illinois Regional Haze without a full analysis of the emission progress toward eliminating or reducing SIP.’’ levels that constitute BART. The visibility impairment, then installing Response 3: EPA disagrees with the demonstration is discussed below, in BART for the purpose of making commenter that BART alternatives are the context of response to comments reasonable progress toward the national impermissible under the CAA. As the addressing the magnitude of emission goal is no longer necessary. 64 FR commenter notes, EPA’s interpretation reductions under the variance. 35714, 35739 (July 1, 1999). that the CAA allows States to devise This interpretation of the visibility alternative programs in lieu of source- 1 The BART guidelines are contained in provisions of the CAA has been specific BART was upheld in both the Appendix Y to 40 CFR part 51 and identify the previously challenged and upheld by CEED and UARG decisions. The presumptive SO2 limits for utility boilers as 0.15 the D.C. Circuit. In the first case conclusions in these cases have not lbs/MMBtu or 95 percent control. challenging the provisions in the been upset or overturned by any 2 BACT limits are imposed on new units or units undergoing major modifications. Therefore, BART Regional Haze Rule allowing for states subsequent decision of the D.C. Circuit, limits, which by definition apply to relatively old to adopt alternative programs in lieu of and we disagree with the commenter’s existing units, are unlikely to be lower than the BART, the court affirmed EPA’s contention that CEED and UARG were limits that would apply to a new unit and would interpretation of CAA section decided erroneously. The D.C. Circuit in many cases be significantly higher. For this 169A(b)(2) as allowing for alternatives has exclusive jurisdiction over the analysis, a SO2 limit of 0.06 lbs/MMBtu was determined to be representative of typical BACT for to BART where those alternatives will review of nationally applicable rules. utility boilers. result in greater reasonable progress The Illinois’ SIP has been evaluated

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against nationally applicable rules imposition of source-specific BART. Valley and are no longer part of the (upheld by the D.C. Circuit) that allow There are seven facilities in the Ameren fleet. Because of the variance, the MPS States to adopt alternative measures in MPS Group: Coffeen Energy Center will no longer require SO2 reductions lieu of BART. (Montgomery County), Duck Creek from the IPH coal fleet during the period Comment 4: The IEPA has not met its Energy Center (Fulton County), E.D. of the first long-term strategy for burden to show that the Multi-Pollutant Edwards Energy Center (Peoria County), regional haze (i.e., before 2018) that are Standard is approvable as a BART Joppa Energy Center (Massac County), greater than the reductions that would alternative because it has not performed Newton Energy Center (Jasper County), result from requiring IPH to install and modeling of the visibility impacts for Meredosia Energy Center (Morgan operate BART on its BART-subject the MPS compared to BART. ‘‘By County) and Hutsonville Energy Center plants. design, the MPS allows the flexibility to (Crawford County). Of these facilities, The commenter supports this implement emissions reductions other only Coffeen, Duck Creek, and E.D. assertion by comparing emissions than by imposing uniform reductions at Edwards were determined to be subject reductions from the variance to specific units subject to BART.’’ There to BART. The least distance from any of emissions reductions from BACT at is, therefore, no basis for claiming that these three BART-subject sources to any BART-subject facilities, excluding the distribution of emissions under the Class I area is from Coffeen to the Mingo emissions reductions from the retired MPS is not substantially different than Wilderness Area, a distance of about Meredosia and Hutsonville units (now under BART. Instead, the MPS limits 240 kilometers (km). Duck Creek and owned by Medina Valley) and emissions can be met in such a way that the E.D. Edwards are approximately 390 km reductions from the Edwards Unit 1 distribution of emissions is significantly and 410 km, respectively, from the (owned by IPH). The commenter states different than it would be if its subject- Mingo Wilderness area. The distance that these sources were not included in to-BART units had to meet unit specific from the Mingo Wilderness Area to the analysis because Meredosia and BART limits. ‘‘If the distribution of remaining Ameren MPS Group facilities Hutsonville ‘‘have been retired for emissions is significantly different ranges from approximately 120 km to several years due to economic reasons,’’ under an alternate program, a state must 330 km, with an average distance of 260 and Edwards Unit 1 is currently being conduct visibility modeling in order to km. Further, an evaluation for the Class operated only for grid reliability meet its burden of securing approval for I areas within 500 km of any Ameren purposes subject to a short-term System the alternative program.’’ MPS Group source shows that in every Support Resource agreement with the Response 4: EPA disagrees with the case the average distance from the Midcontinent Independent System commenter that visibility modeling is BART-subject facilities is greater than Operator (MISO). The commenter argues required. EPA found in its original the average distance from the facilities that the MPS is not driving emissions approval of Illinois’ BART plan that the that would not be subject to BART. That reductions at those sources and they distances from the relevant power is, even if Illinois’ plan achieved no should not be included in any analysis plants to the affected Class I areas are more emission reductions than source- of emissions reductions at the IPH fleet. substantial and that the averaging in specific BART, the plan would likely The commenter’s analysis shows that, in Illinois’ plan is only allowed within yield better visibility because the 2017, implementation of BART at somewhat limited regions. Given this, reductions would likely be reallocated BART-subject sources would reduce EPA concluded that ‘‘a reallocation of to closer plants. Given these distances SO2 emissions by 74,348 tons and the emission reductions from one plant to and given the relative location of these variance would reduce SO2 by 69,555 another is unlikely to change the impact facilities, a reallocation of emission tons. of those emission reductions reductions from one plant to another Response 5: EPA disagrees with the significantly’’ and that the much greater among this group is unlikely to change commenter’s assertion that EPA cannot emission reductions from Illinois’ plan the visibility impact of these emission find that the MPS will lead to greater will result in greater reasonable progress reductions meaningfully. As noted reasonable progress than would BART. than would source-specific BART above, however, the Illinois plan The premise of the commenter’s controls. 77 FR 39946. The commenter (originally and as revised) achieves analysis, that only currently operating has provided no evidence that EPA’s significantly greater reductions than units in the IPH fleet should be conclusion that the greater reductions in source-specific BART. Consequently, in evaluated, is flawed. As discussed emissions from these facilities under the these circumstances, EPA is confident above, the requirement for BART may terms of the variance should lead to a that visibility modeling is not necessary be satisfied by an alternate program that different conclusion. to conclude that the significantly greater provides greater reasonable progress The commenter points to a test set out emission reductions that are required toward visibility improvement than in 40 CFR 51.308(e)(3) to support its under the variance will yield greater direct application of BART to individual argument that visibility modeling is progress toward visibility protection as sources determined to be subject to the necessary to determine whether an compared to the benefits of a BART requirement. The alternate alternative to BART provides for greater conservative estimate of BART. program being evaluated, as contained reasonable progress. States are not Comment 5: The variance from the in the MPS and revised by the variance, required to use this test, however, as 40 MPS authorizes the IPH fleet to emit applies to the seven sources in the CFR 51.308(e)(2)(i)(E) makes clear: A greater SO2 emissions than would be Ameren MPS Group, not only to the five demonstration that an alternative emitted if BART were required, and sources currently owned and operated measure will make greater reasonable thus EPA cannot find that the MPS will by IPH. progress may be based on the clear lead to greater reasonable progress than The variance prohibits the Meredosia weight of evidence. Although there is no would BART. and Hutsonville power stations from requirement that States use the test in Of the seven plants included in the operating until after December 31, 2020, 51.308(e)(3), EPA nevertheless original Ameren MPS Group, five plants at which point they would remain reexamined whether modeling is still in operation are now owned and subject to the emission limits in the necessary to conclude that the greater operated by IPH and two plants that MPS. In addition, the variance requires emission reductions of Illinois’ revised retired in 2011, Hutsonville and IPH to permanently retire E.D. Edwards plan provide for better visibility than Meredosia, are now owned by Medina Unit 1 as soon as allowed by MISO. The

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fact that there are reasons other than the part 52 set forth below. EPA has made, In addition, the SIP is not approved MPS that influenced the decisions to and will continue to make, these to apply on any Indian reservation land cease operation of these plants does not documents generally available or in any other area where EPA or an change the fact that under the currently electronically through Indian tribe has demonstrated that a approved Regional Haze SIP these www.regulations.gov and/or in hard tribe has jurisdiction. In those areas of sources are permitted to operate. The copy at the appropriate EPA office (see Indian country, the rule does not have variance makes these shutdowns the ADDRESSES section of this preamble tribal implications and will not impose enforceable and prohibits emissions that for more information). substantial direct costs on tribal would otherwise have been allowed governments or preempt tribal law as V. Statutory and Executive Order under the SIP. Further, these facilities specified by Executive Order 13175 (65 Reviews ceased operating late in 2011, well after FR 67249, November 9, 2000). the 2000–2004 baseline established in Under the CAA, the Administrator is The Congressional Review Act, 5 the Regional Haze Rule (40 CFR required to approve a SIP submission U.S.C. 801 et seq., as added by the Small 51.308(d)(2)) and before the 2017 that complies with the provisions of the Business Regulatory Enforcement deadline for implementing BART CAA and applicable Federal regulations. Fairness Act of 1996, generally provides controls in Illinois, so the emission 42 U.S.C. 7410(k); 40 CFR 52.02(a). that before a rule may take effect, the reductions from the shutdown of these Thus, in reviewing SIP submissions, agency promulgating the rule must facilities are fully creditable. Therefore, EPA’s role is to approve state choices, submit a rule report, which includes a comparing emission reductions at all provided that they meet the criteria of copy of the rule, to each House of the seven Ameren MPS Group sources the CAA. Accordingly, this action Congress and to the Comptroller General under the variance to emission merely approves state law as meeting of the United States. EPA will submit a reductions from application of BACT Federal requirements and does not report containing this action and other limits to BART-subject units is the impose additional requirements beyond required information to the U.S. Senate, appropriate test for determining those imposed by state law. For that the U.S. House of Representatives, and whether the alternate program would reason, this action: • the Comptroller General of the United result in greater emission reductions. Is not a ‘‘significant regulatory States prior to publication of the rule in The analysis included by EPA in the action’’ subject to review by the Office the Federal Register. A major rule proposed rule shows SO2 emission of Management and Budget under cannot take effect until 60 days after it reductions of 74,348 tons in 2017 if Executive Orders 12866 (58 FR 51735, is published in the Federal Register. typical BACT limits were applied to October 4, 1993) and 13563 (76 FR 3821, This action is not a ‘‘major rule’’ as BART subject sources and SO emission 2 January 21, 2011); defined by 5 U.S.C. 804(2). reductions of 119,833 tons in 2017 • Does not impose an information Under section 307(b)(1) of the CAA, under the variance. 80 FR 21683–21684. collection burden under the provisions petitions for judicial review of this The analysis is conservative in that it of the Paperwork Reduction Act (44 action must be filed in the United States assumes that E.D. Edwards Unit 1 is still U.S.C. 3501 et seq.); operating, since an absolute shutdown • Is certified as not having a Court of Appeals for the appropriate date was not included in the variance. significant economic impact on a circuit by February 19, 2016. Filing a Further, even assuming that the substantial number of small entities petition for reconsideration by the 22,360,000 MMBtu previously generated under the Regulatory Flexibility Act (5 Administrator of this final rule does not at Meredosia and Hutsonville were U.S.C. 601 et seq.); affect the finality of this action for the shifted to the five remaining facilities in • Does not contain any unfunded purposes of judicial review nor does it the Ameren MPS Group, applying the mandate or significantly or uniquely extend the time within which a petition 0.35 pound/MMBtu group average affect small governments, as described for judicial review may be filed, and emission limit results in an additional in the Unfunded Mandates Reform Act shall not postpone the effectiveness of such rule or action. This action may not 3,913 tons of SO2 emissions under the of 1995 (Pub. L. 104–4); variance in 2017, or a total of 54,188 • Does not have Federalism be challenged later in proceedings to enforce its requirements. (See section tons of SO2. Thus, SO2 emissions implications as specified in Executive reductions in 2017 under the variance Order 13132 (64 FR 43255, August 10, 307(b)(2).) would be 115,920 tons, which is still 1999); List of Subjects in 40 CFR Part 52 • 41,572 fewer tons of SO2 emissions than Is not an economically significant Environmental protection, Air what the SO2 emissions would be if regulatory action based on health or BACT were applied at BART-subject safety risks subject to Executive Order pollution control, Incorporation by sources. 13045 (62 FR 19885, April 23, 1997); reference, Intergovernmental relations, • Is not a significant regulatory action Particulate matter, Reporting and III. Final Action subject to Executive Order 13211 (66 FR recordkeeping requirements, Sulfur EPA is finalizing approval of the IPH 28355, May 22, 2001); oxides. • Is not subject to requirements of and Medina Valley variance submitted Dated: November 24, 2015. by IEPA on September 3, 2014, as a Section 12(d) of the National Susan Hedman, revision to the Illinois Regional Haze Technology Transfer and Advancement SIP. Act of 1995 (15 U.S.C. 272 note) because Regional Administrator, Region 5. application of those requirements would 40 CFR part 52 is amended as follows: IV. Incorporation by Reference be inconsistent with the CAA; and In this rule, EPA is finalizing • Does not provide EPA with the PART 52—APPROVAL AND regulatory text that includes discretionary authority to address, as PROMULGATION OF incorporation by reference. In appropriate, disproportionate human IMPLEMENTATION PLANS accordance with requirements of 1 CFR health or environmental effects, using 51.5, EPA is finalizing the incorporation practicable and legally permissible ■ 1. The authority citation for part 52 by reference of the Illinois Regulations methods, under Executive Order 12898 continues to read as follows: described in the amendments to 40 CFR (59 FR 7629, February 16, 1994). Authority: 42 U.S.C. 7401 et seq.

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■ 2. Section 52.720 is amended by emissions that will contribute III. Statutory and Executive Orders adding paragraph (c)(207) to read as significantly to nonattainment or Review follows: interfere with maintenance of the 2008 Under the CAA, the Administrator is ozone National Ambient Air Quality required to approve a SIP submission § 52.720 Identification of plan. Standard (NAAQS) in any other state. * * * * * that complies with the provisions of the DATES: (c) * * * This final rule is effective CAA and applicable Federal regulations. (207) On September 3, 2014, Illinois January 20, 2016. 42 U.S.C. 7410(k); 40 CFR 52.02(a). submitted a variance to its regional haze ADDRESSES: The EPA has established a Thus, in reviewing SIP submissions, the state implementation plan affecting the docket for this action under Docket ID EPA’s role is to approve state choices, electrical generating units (EGUs) No. EPA–R10–OAR–2015–0259. All provided that they meet the criteria of included in the Ameren Multi-Pollutant documents in the docket are listed on the CAA. Accordingly, this action Standard Group (Ameren MPS Group). the http://www.regulations.gov Web merely approves state law as meeting The Ameren MPS Group consists of five site. Although listed in the index, some Federal requirements and does not facilities owned by Illinois Power information is not publicly available, impose additional requirements beyond Holdings, LLC (IPH) and two facilities e.g., Confidential Business Information those imposed by state law. For that reason, this action: owned by AmerenEnergy Medina Valley (CBI) or other information the disclosure • Cogen, LLC (Medina Valley). The IPH of which is restricted by statute. Certain Is not a ‘‘significant regulatory facilities included in the Ameren MPS other material, such as copyrighted action’’ subject to review by the Office Group and subject to the variance material, is not placed on the Internet of Management and Budget under include: Coffeen Energy Center and will be publicly available only in Executive Orders 12866 (58 FR 51735, (Montgomery County), Duck Creek hard copy form. Publicly available October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Energy Center (Fulton County), E.D. docket materials are available either • Edwards Energy Center (Peoria County), electronically through http:// Does not impose an information Joppa Energy Center (Massac County), www.regulations.gov or in hard copy at collection burden under the provisions and Newton Energy Center (Jasper the Air Programs Unit, Office of Air, of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); County). The Medina Valley facilities Waste and Toxics, EPA Region 10, 1200 • included in the Ameren MPS Group and Sixth Avenue, Seattle, WA, 98101. The Is certified as not having a subject to the variance are the EPA requests that if at all possible, you significant economic impact on a Meredosia Energy Center (Morgan contact the individual listed in the FOR substantial number of small entities County) and the Hutsonville Energy FURTHER INFORMATION CONTACT section to under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Center (Crawford County). view the hard copy of the docket. You • (i) Incorporation by reference. may view the hard copy of the docket Does not contain any unfunded (A) Illinois Pollution Control Board Monday through Friday, 8:00 a.m. to mandate or significantly or uniquely Order PCB 14–10, adopted on November 4:00 p.m., excluding Federal holidays. affect small governments, as described 21, 2013; Certificate of Acceptance, filed in the Unfunded Mandates Reform Act FOR FURTHER INFORMATION CONTACT: of 1995 (Pub. L. 104–4); with the Illinois Pollution Control Board Kristin Hall at (206) 553–6357, • Clerk’s Office December 20, 2013. Does not have Federalism [email protected], or the above EPA, implications as specified in Executive [FR Doc. 2015–31882 Filed 12–21–15; 8:45 am] Region 10 address. Order 13132 (64 FR 43255, August 10, BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: 1999); • Is not an economically significant Table of Contents regulatory action based on health or ENVIRONMENTAL PROTECTION safety risks subject to Executive Order AGENCY I. Background Information II. Final Action 13045 (62 FR 19885, April 23, 1997); • 40 CFR Part 52 III. Statutory and Executive Orders Review Is not a significant regulatory action I. Background Information subject to Executive Order 13211 (66 FR [EPA–R10–OAR–2015–0259; FRL–9940–35– 28355, May 22, 2001); Region 10] On October 27, 2015, the EPA • Is not subject to requirements of proposed to approve Oregon’s June 28, Section 12(d) of the National Approval and Promulgation of 2010 submittal as meeting the interstate Technology Transfer and Advancement Implementation Plans; Oregon: transport requirements of CAA section Act of 1995 (15 U.S.C. 272 note) because Interstate Transport of Ozone 110(a)(2)(D)(i)(I) for the 2008 ozone this action does not involve technical AGENCY: Environmental Protection NAAQS (80 FR 65680). An explanation standards; and Agency. of the CAA requirements, a detailed • Does not provide the EPA with the ACTION: Final rule. analysis of the submittal, and the EPA’s discretionary authority to address, as reasons for approval were provided in appropriate, disproportionate human SUMMARY: The Clean Air Act (CAA) the notice of proposed rulemaking, and health or environmental effects, using requires each State Implementation Plan will not be restated here. The public practicable and legally permissible (SIP) to contain adequate provisions comment period for this proposed rule methods, under Executive Order 12898 prohibiting air emissions that will have ended on November 27, 2015. The EPA (59 FR 7629, February 16, 1994). certain adverse air quality effects in received no comments on the proposal. In addition, the SIP is not approved to apply on any Indian reservation land other states. On June 28, 2010, the State II. Final Action of Oregon made a submittal to the or in any other area where the EPA or Environmental Protection Agency (EPA) The EPA is approving Oregon’s June an Indian tribe has demonstrated that a to address these requirements. The EPA 28, 2010 submittal as meeting the CAA tribe has jurisdiction. In those areas of is approving the submittal as meeting section 110(a)(2)(D)(i)(I) interstate Indian country, the rule does not have the requirement that each SIP contain transport requirements for the 2008 tribal implications as specified by adequate provisions to prohibit ozone NAAQS. Executive Order 13175 (65 FR 67249,

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November 9, 2000), nor will it impose § 52.1991 Section 110(a)(2) infrastructure DC 20460–0001; main telephone substantial direct costs on tribal requirements. number: (703) 305–7090; email address: governments or preempt tribal law. * * * * * [email protected]. The Congressional Review Act, 5 (d) The EPA approves Oregon’s June SUPPLEMENTARY INFORMATION: 28, 2010 submittal as meeting the U.S.C. 801 et seq., as added by the Small I. General Information Business Regulatory Enforcement requirements of CAA section Fairness Act of 1996, generally provides 110(a)(2)(D)(i)(I) for the 2008 ozone A. Does this action apply to me? NAAQS. that before a rule may take effect, the You may be potentially affected by agency promulgating the rule must [FR Doc. 2015–31915 Filed 12–18–15; 8:45 am] this action if you are an agricultural submit a rule report, which includes a BILLING CODE 6560–50–P producer, food manufacturer, or copy of the rule, to each House of the pesticide manufacturer. The following Congress and to the Comptroller General list of North American Industrial ENVIRONMENTAL PROTECTION of the United States. The EPA will Classification System (NAICS) codes is AGENCY submit a report containing this action not intended to be exhaustive, but rather and other required information to the 40 CFR Part 180 provides a guide to help readers U.S. Senate, the U.S. House of determine whether this document Representatives, and the Comptroller [EPA–HQ–OPP–2014–0397; FRL–9937–18] applies to them. Potentially affected General of the United States prior to entities may include: publication of the rule in the Federal Pendimethalin; Pesticide Tolerances • Crop production (NAICS code 111). Register. A major rule cannot take effect • AGENCY: Environmental Protection Animal production (NAICS code until 60 days after it is published in the Agency (EPA). 112). Federal Register. This action is not a • Food manufacturing (NAICS code ACTION: Final rule. ‘‘major rule’’ as defined by 5 U.S.C. 311). 804(2). SUMMARY: This regulation establishes • Pesticide manufacturing (NAICS Under section 307(b)(1) of the CAA, tolerances for residues of pendimethalin code 32532). petitions for judicial review of this in or on multiple commodities which B. How can I get electronic access to action must be filed in the United States are identified and discussed later in this other related information? Court of Appeals for the appropriate document. Interregional Research circuit by February 19, 2016. Filing a Project Number 4 (IR–4) requested the You may access a frequently updated petition for reconsideration by the tolerances associated with pesticide electronic version of EPA’s tolerance Administrator of this final rule does not petition number (PP) 4E8282, and BASF regulations at 40 CFR part 180 through affect the finality of this action for the requested the tolerances associated with the Government Printing Office’s e-CFR purposes of judicial review nor does it (PP) 4F8261, under the Federal Food, site at http://www.ecfr.gov/cgi-bin/text- extend the time within which a petition Drug, and Cosmetic Act (FFDCA). idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab_02.tpl. for judicial review may be filed, and DATES: This regulation is effective shall not postpone the effectiveness of December 21, 2015. Objections and C. How can I file an objection or hearing such rule or action. This action may not requests for hearings must be received request? be challenged later in proceedings to on or before February 19, 2016, and Under FFDCA section 408(g), 21 enforce its requirements. See section must be filed in accordance with the 307(b)(2). U.S.C. 346a, any person may file an instructions provided in 40 CFR part objection to any aspect of this regulation List of Subjects in 40 CFR Part 52 178 (see also Unit I.C. of the and may also request a hearing on those SUPPLEMENTARY INFORMATION). objections. You must file your objection Environmental protection, Air ADDRESSES: The docket for this action, or request a hearing on this regulation pollution control, Incorporation by identified by docket identification (ID) in accordance with the instructions reference, Intergovernmental relations, number EPA–HQ–OPP–2014–0397, is provided in 40 CFR part 178. To ensure Ozone, Reporting and recordkeeping available at http://www.regulations.gov proper receipt by EPA, you must requirements. or at the Office of Pesticide Programs identify docket ID number EPA–HQ– Dated: December 8, 2015. Regulatory Public Docket (OPP Docket) OPP–2014–0397 in the subject line on Dennis J. McLerran, in the Environmental Protection Agency the first page of your submission. All Regional Administrator, Region 10. Docket Center (EPA/DC), West William objections and requests for a hearing Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be For the reasons set forth in the Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or preamble, 40 CFR part 52 is amended as 20460–0001. The Public Reading Room before February 19, 2016. Addresses for follows: is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections Monday through Friday, excluding legal and hearing requests are provided in 40 PART 52—APPROVAL AND holidays. The telephone number for the CFR 178.25(b). PROMULGATION OF Public Reading Room is (202) 566–1744, In addition to filing an objection or IMPLEMENTATION PLANS and the telephone number for the OPP hearing request with the Hearing Clerk Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please ■ 1. The authority citation for part 52 the visitor instructions and additional submit a copy of the filing (excluding continues to read as follows: information about the docket available any Confidential Business Information Authority: 42 U.S.C. 7401 et seq. at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. FOR FURTHER INFORMATION CONTACT: Information not marked confidential Subpart MM—Oregon Susan Lewis, Registration Division pursuant to 40 CFR part 2 may be (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior ■ 2. Section 52.1991 is amended by Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your adding paragraph (d) to read as follows: Pennsylvania Ave. NW., Washington, objection or hearing request, identified

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by docket ID number EPA–HQ–OPP– 0.04 parts per million (ppm); cattle, fat give special consideration to exposure 2014–0397, by one of the following at 0.30 ppm; cattle, liver at 1.5 ppm; of infants and children to the pesticide methods: cattle, meat at 0.1 ppm; cattle, meat chemical residue in establishing a • Federal eRulemaking Portal: http:// byproducts, except liver at 3.0 ppm; tolerance and to ‘‘ensure that there is a www.regulations.gov. Follow the online goat, fat at 0.30 ppm; goat, liver at 1.5 reasonable certainty that no harm will instructions for submitting comments. ppm; goat, meat at 0.10 ppm; goat, meat result to infants and children from Do not submit electronically any byproducts, except liver at 3.0 ppm; aggregate exposure to the pesticide information you consider to be CBI or horse, fat at 0.30 ppm; horse, liver at 1.5 chemical residue. . . .’’ other information whose disclosure is ppm; horse, meat at 0.10 ppm; horse, Consistent with FFDCA section restricted by statute. meat byproducts, except liver at 3.0 408(b)(2)(D), and the factors specified in • Mail: OPP Docket, Environmental ppm; sheep, fat at 0.30 ppm; sheep, liver FFDCA section 408(b)(2)(D), EPA has Protection Agency Docket Center (EPA/ at 1.5 ppm; sheep, meat at 0.10 ppm; reviewed the available scientific data DC), (28221T), 1200 Pennsylvania Ave. and sheep, meat byproducts, except and other relevant information in NW., Washington, DC 20460–0001. liver at 3.0 ppm. This petition support of this action. EPA has • Hand Delivery: To make special additionally requested that 40 CFR sufficient data to assess the hazards of arrangements for hand delivery or 180.361 be amended by revising the and to make a determination on delivery of boxed information, please existing tolerance in or on grass forage, aggregate exposure for pendimethalin follow the instructions at http:// fodder, and hay crop group 17, forage at including exposure resulting from the www.epa.gov/dockets/contacts.html. 1,000 ppm and grass forage, fodder, and tolerances established by this action. Additional instructions on commenting hay crop group 17, hay at 2,000 ppm. EPA’s assessment of exposures and risks or visiting the docket, along with more That document referenced a summary of associated with pendimethalin follows. information about dockets generally, is the petition prepared on behalf of IR–4 A. Toxicological Profile available at http://www.epa.gov/ by BASF, the registrant, which is dockets. available in the docket EPA–HQ–OPP– EPA has evaluated the available toxicity data and considered its validity, II. Summary of Petitioned-For 2014–0397 at http:// completeness, and reliability as well as Tolerance www.regulations.gov. Two comments were received on the relationship of the results of the In the Federal Register of December these notices of filing. EPA’s response to studies to human risk. EPA has also 17, 2014 (79 FR 75107) (FRL–9918–90), these comments is discussed in Unit considered available information EPA issued a document pursuant to IV.C. concerning the variability of the FFDCA section 408(d)(3), 21 U.S.C. Based upon review of the data sensitivities of major identifiable 346a(d)(3), announcing the filing of a supporting the petition, EPA has revised subgroups of consumers, including pesticide petition (PP) 4E8282 by the petitioned-for tolerance in or on infants and children. The target organ Interregional Research Project Number 4 cattle, meat byproduct, meat byproduct for pendimethalin is the thyroid. (IR–4), 500 College Road East, except liver, and liver; goat, meat Thyroid toxicity in chronic and Princeton, NJ 08540. The petition byproduct, meat byproduct except liver, subchronic rat and mouse studies was requested that 40 CFR 180.361 be and liver; horse, meat byproduct, meat manifested as alterations in thyroid amended by establishing tolerances for byproduct except liver, and liver; and hormones (decreased total T4, and T3, residues of the herbicide pendimethalin, sheep, meat byproduct, meat byproduct increased percent of free T4 and T3), [N-(1-ethylpropyl)-3,4-dimethyl-2,6- except liver, and liver. The Agency has increased thyroid weight, and dinitrobenzenamine], and its metabolite, determined that the tolerance microscopic thyroid lesions (including 4-[(1-ethylpropyl)amino]-2-methyl-3,5- expression for the ruminant increased thyroid follicular cell height, dinitrobenzyl alcohol, in or on commodities is different than that for follicular cell hyperplasia, as well as caneberry subgroup 13–07A at 0.10 plant commodities. Additionally, the follicular cell adenomas). Due to these parts per million (ppm) and bushberry EPA is removing existing tolerances for effects, the Agency required that a subgroup 13–07B at 0.10 ppm, and Juneberry; nut, tree, group 14; and developmental thyroid assay be amending the existing crop group pistachio since they are superseded by conducted to evaluate the impact of tolerance for nut, tree, group 14 to nut, this action. The reason for these changes pendimethalin on thyroid hormones, tree, group 14–12. That document are explained in Unit IV.D. structure, and/or thyroid hormone referenced a summary of the petition homeostasis during development. A prepared on behalf of IR–4 by BASF, the III. Aggregate Risk Assessment and developmental thyroid study was registrant, which is available in the Determination of Safety submitted and demonstrated that there docket EPA–HQ–OPP–2014–0397 at Section 408(b)(2)(A)(i) of FFDCA is no potential thyroid toxicity http://www.regulations.gov. allows EPA to establish a tolerance (the following pre- and/or post-natal In the Federal Register of August 26, legal limit for a pesticide chemical exposure to pendimethalin. 2015 (80 FR 51759) (FRL–9931–74), residue in or on a food) only if EPA The points of departure (PODs) used EPA issued a document pursuant to determines that the tolerance is ‘‘safe.’’ for the chronic and short-term risk FFDCA section 408(d)(3), 21 U.S.C. Section 408(b)(2)(A)(ii) of FFDCA assessments were based on co-critical 346a(d)(3), announcing the filing of a defines ‘‘safe’’ to mean that ‘‘there is a studies of a 92-day thyroid function pesticide petition (PP) 4F8261 by BASF reasonable certainty that no harm will study in rats, a 56-day thyroid study in Corp., 26 Davis Drive, Research Triangle result from aggregate exposure to the rats, and a 14-day intra thyroid Park, NC 27709. The petition requested pesticide chemical residue, including metabolism study in rats. An that 40 CFR 180.361 be amended by all anticipated dietary exposures and all uncertainty factor (UF) of 30X (3X for establishing tolerances for residues of other exposures for which there is interspecies extrapolation and 10X for the herbicide pendimethalin, [N-(1- reliable information.’’ This includes intraspecies variation) is applied for the ethylpropyl)-3,4-dimethyl-2,6- exposure through drinking water and in chronic and short-term risk assessments. dinitrobenzenamine], and its metabolite, residential settings, but does not include The interspecies UF which used to 4-[(1-ethylpropyl)amino]-2-methyl-3,5- occupational exposure. Section account for animal to human differences dinitrobenzyl alcohol, in or on milk at 408(b)(2)(C) of FFDCA requires EPA to in toxicokinetics and toxicodynamics

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was reduced to 3X due to several observed (the NOAEL) and the lowest residues, and 100 percent crop treated important quantitative dynamic dose at which adverse effects of concern (PCT) for all commodities. differences between rats and humans are identified (the LOAEL). Uncertainty/ iii. Cancer. Based on the data with respect to thyroid function. A UF safety factors are used in conjunction summarized in Unit III.A., EPA has of 100X (10X for interspecies with the POD to calculate a safe concluded that a nonlinear RfD extrapolation and 10X for intraspecies exposure level—generally referred to as approach is appropriate for assessing variation) was used in the acute risk a population-adjusted dose (PAD) or a cancer risk to pendimethalin. Cancer assessment because the POD was based reference dose (RfD)—and a safe margin risk was assessed using the same on an acute neurotoxicity study, not a of exposure (MOE). For non-threshold exposure estimates as discussed in Unit thyroid study. risks, the Agency assumes that any III.C.1.ii., chronic exposure. There is no evidence that amount of exposure will lead to some iv. Anticipated residue and percent pendimethalin is a developmental, degree of risk. Thus, the Agency crop treated (PCT) information. EPA did reproductive, neurotoxic, or estimates risk in terms of the probability not use anticipated residue and/or PCT immunotoxic chemical. There is no of an occurrence of the adverse effect information in the dietary assessment evidence of increased qualitative or expected in a lifetime. For more for pendimethalin. Tolerance-level quantitative susceptibility in the young. information on the general principles residues and 100 PCT were assumed for EPA classified pendimethalin as a EPA uses in risk characterization and a all food commodities. ‘‘Group C’’, possible human carcinogen complete description of the risk 2. Dietary exposure from drinking based on a statistically significant assessment process, see http:// water. In drinking water, the residue of increased trend and pair-wise www2.epa.gov/pesticide-science-and- concern is pendimethalin parent only. comparison between the high-dose assessing-pesticide-risks/assessing- The Agency used screening-level water group and controls for thyroid follicular human-health-risk-pesticides. exposure models in the dietary exposure cell adenomas in male and female rats. A summary of the toxicological analysis and risk assessment for A non-quantitative approach (i.e., non- endpoints for Pendimethalin used for pendimethalin in drinking water. These linear, reference dose (RfD) approach) human risk assessment is discussed in simulation models take into account was used to assess cancer risk since the final rule published in the Federal data on the physical, chemical, and fate/ mode-of-action studies are available to Register of August 29, 2012 (77 FR transport characteristics of demonstrate that the thyroid tumors are 52240) (FRL–9360–5). pendimethalin. Further information due to a thyroid-pituitary imbalance, C. Exposure Assessment regarding EPA drinking water models and also since pendimethalin was used in pesticide exposure assessment shown to be non-mutagenic in 1. Dietary exposure from food and can be found at http://www2.epa.gov/ mammalian somatic cells and germ feed uses. In evaluating dietary pesticide-science-and-assessing- cells. Specific information on the exposure to pendimethalin, EPA pesticide-risks/about-water-exposure- studies received and the nature of the considered exposure under the models-used-pesticide. adverse effects caused by pendimethalin petitioned-for tolerances as well as all Based on the Pesticide Root Zone as well as the no-observed-adverse- existing pendimethalin tolerances in 40 Model Ground Water (PRZM GW) and effect-level (NOAEL) and the lowest- CFR 180.361. EPA assessed dietary Surface Water Concentration Calculator observed-adverse-effect-level (LOAEL) exposures from pendimethalin in food from the toxicity studies can be found as follows: (SWCC) models, the estimated drinking at http://www.regulations.gov in i. Acute exposure. Quantitative acute water concentrations (EDWCs) of document, ‘‘Pendimethalin—Human dietary exposure and risk assessments pendimethalin for acute exposures are Health Risk Assessment to Support the are performed for a food-use pesticide, estimated to be 96.4 parts per billion × ¥9 Proposed New Uses on the Caneberry if a toxicological study has indicated the (ppb) for surface water and 4.38 10 Subgroup 13–07A, and the Bushberry possibility of an effect of concern ppb for ground water. For chronic Subgroup 13–07B, Amended Use on occurring as a result of a 1-day or single exposures for non-cancer assessments, Grasses and Establishment of Tolerances exposure. they are estimated to be 9.73 ppb for for Pendimethalin in/on Grass Forage, Such effects were identified for surface water. Fodder, and Hay (Crop Group 17) with pendimethalin. In estimating acute For acute dietary risk assessment, the New Ruminant Tolerances; Crop Group dietary exposure, EPA Dietary Exposure water concentration value of 96.4 ppb Conversion for Tree Nut Crop Group Evaluation Model software with the was used to assess the contribution to 14.’’ in pages 14–20 in docket ID Food Commodity Intake Database drinking water. For chronic dietary risk number EPA–HQ–OPP–2014–0397. (DEEM–FCID) Version 3.16. This assessment, the water concentration of software uses 2003–2008 food value 9.73 ppb was used to assess the B. Toxicological Points of Departure/ consumption data from the U.S. contribution to drinking water. Levels of Concern Department of Agriculture’s (USDA’s) 3. From non-dietary exposure. The Once a pesticide’s toxicological National Health and Nutrition term ‘‘residential exposure’’ is used in profile is determined, EPA identifies Examination Survey, What We Eat in this document to refer to non- toxicological points of departure (POD) America, (NHANES/WWEIA). As to occupational, non-dietary exposure and levels of concern to use in residue levels in food, EPA used (e.g., for lawn and garden pest control, evaluating the risk posed by human tolerance-level residues, and 100 indoor pest control, termiticides, and exposure to the pesticide. For hazards percent crop treated (PCT) for all flea and tick control on pets). that have a threshold below which there commodities. Pendimethalin is currently registered is no appreciable risk, the toxicological ii. Chronic exposure. In conducting for the following uses that could result POD is used as the basis for derivation the chronic dietary exposure assessment in residential exposures: Turf, home of reference values for risk assessment. EPA used the DEEM–FCID, Version 3.16 gardens, and ornamentals. EPA assessed PODs are developed based on a careful software with 2003–2008 food residential exposure using the following analysis of the doses in each consumption data from the USDA’s assumptions: toxicological study to determine the NHANES/WWEIA. As to residue levels • For handlers, it is assumed that dose at which no adverse effects are in food, EPA used tolerance-level residential use will result in short-term

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(1 to 30 days) duration dermal and any other substances, and level of concern (in the case of inhalation exposures. pendimethalin does not appear to pendimethalin MOE = 30 based on • Residential post-application produce a toxic metabolite produced by thyroid POD). exposure is also assumed to be short- other substances. For the purposes of ii. There is no indication that term (1–30 days) in duration, resulting this tolerance action, therefore, EPA has pendimethalin is a neurotoxic chemical from the following exposure scenarios: assumed that pendimethalin does not and there is no need for a Æ Gardening: Adults (dermal) and have a common mechanism of toxicity developmental neurotoxicity study or children 6 < 11 years old (dermal); with other substances. For information additional UFs to account for Æ Physical activities on turf: Adults regarding EPA’s efforts to determine neurotoxicity. (dermal) and children 1–2 years old which chemicals have a common iii. There is no evidence that (dermal and incidental oral); mechanism of toxicity and to evaluate pendimethalin results in increased Æ Mowing turf: Adults (dermal) and the cumulative effects of such susceptibility in in utero rats or rabbits children 11 < 16 years old (dermal); and in the prenatal developmental studies or Æ chemicals, see EPA’s Web site at Exposure to golf courses during http://www2.epa.gov/pesticide-science- in young rats in the 2-generation golfing: Adults (dermal), children 11 < and-assessing-pesticide-risks/ reproduction study. In addition, a 16 years old (dermal), and children 6 < cumulative-assessment-risk-pesticides. developmental thyroid toxicity study 11 years old (dermal). demonstrated that there is no potential EPA did not combine exposure D. Safety Factor for Infants and thyroid toxicity following pre- and/or resulting from adult handler and post- Children post-natal exposure to pendimethalin. application exposure resulting from 1. In general. Section 408(b)(2)(C) of iv. There are no residual uncertainties treated gardens, lawns, and/or golfing FFDCA provides that EPA shall apply identified in the exposure databases. because of the conservative assumptions an additional tenfold (10X) margin of The dietary food exposure assessments and inputs within each estimated safety for infants and children in the were performed based on 100 PCT and exposure scenario. The Agency believes case of threshold effects to account for tolerance-level residues. EPA made that combining exposures resulting from prenatal and postnatal toxicity and the conservative (protective) assumptions in handler and post-application activities completeness of the database on toxicity the ground and surface water modeling would result in an overestimate of adult and exposure unless EPA determines used to assess exposure to exposure. EPA selected the most based on reliable data that a different pendimethalin in drinking water. EPA conservative adult residential scenario margin of safety will be safe for infants used similarly conservative assumptions (adult dermal post-application exposure and children. This additional margin of to assess post-application exposure of from gardening) as the contributing safety is commonly referred to as the children as well as incidental oral source of residential exposure to be FQPA Safety Factor (SF). In applying exposure of toddlers. These assessments combined with the dietary exposure for this provision, EPA either retains the will not underestimate the exposure and the aggregate assessment. The children’s default value of 10X, or uses a different risks posed by pendimethalin. oral exposure is based on post- additional safety factor when reliable application hand-to-mouth exposures. data available to EPA support the choice E. Aggregate Risks and Determination of To include exposure from object-to- of a different factor. Safety mouth and soil ingestion in addition to 2. Prenatal and postnatal sensitivity. EPA determines whether acute and hand-to-mouth would overestimate the There was no indication of pre- and/or chronic dietary pesticide exposures are potential for oral exposure. However, post-natal qualitative or quantitative safe by comparing aggregate exposure there is the potential for co-occurrence increased susceptibility in the estimates to the acute PAD (aPAD) and of dermal and oral exposure, since the developmental studies in rats and chronic PAD (cPAD). For linear cancer toxicological effects from the dermal rabbits or the 2-generation reproduction risks, EPA calculates the lifetime and oral routes of exposure are the studies in rats. A developmental thyroid probability of acquiring cancer given the same. As a result, the children’s toxicity study demonstrated that there is estimated aggregate exposure. Short-, aggregate assessment combines post- no potential thyroid toxicity following intermediate-, and chronic-term risks application dermal and oral exposure pre- and/or post-natal exposure to are evaluated by comparing the along with dietary exposure from food pendimethalin. estimated aggregate food, water, and and water. Further information 3. Conclusion. EPA has determined residential exposure to the appropriate regarding EPA standard assumptions that reliable data show the safety of PODs to ensure that an adequate MOE and generic inputs for residential infants and children would be exists. exposures may be found at http:// adequately protected if the FQPA SF 1. Acute risk. Using the exposure www2.epa.gov/pesticide-science-and- were reduced to 1X. That decision is assumptions discussed in this unit for assessing-pesticide-risks/standard- based on the following findings: acute exposure, the acute dietary operating-procedures-residential- i. The toxicity database for exposure from food and water to pesticide. pendimethalin is complete. Although a pendimethalin will occupy 2% of the 4. Cumulative effects from substances subchronic inhalation study was not aPAD for all infants less than 1 year old, with a common mechanism of toxicity. available in the database, EPA the population group receiving the Section 408(b)(2)(D)(v) of FFDCA determined that one is not needed at greatest exposure. requires that, when considering whether this time based on a weight-of-evidence 2. Chronic risk. Using the exposure to establish, modify, or revoke a analysis, considering the following: (1) assumptions described in this unit for tolerance, the Agency consider All relevant hazard and exposure chronic exposure, EPA has concluded ‘‘available information’’ concerning the information, which indicates its low that chronic exposure to pendimethalin cumulative effects of a particular acute inhalation toxicity; (2) its from food and water will utilize 2.4% of pesticide’s residues and ‘‘other physical/chemical properties, which the cPAD for children 1 to 2 years old, substances that have a common indicate its low volatility; and (3) the the population group receiving the mechanism of toxicity.’’ EPA has not use of an oral POD that results in a greatest exposure. Based on the found pendimethalin to share a residential inhalation margin of explanation in Unit III.C.3., regarding common mechanism of toxicity with exposure (MOE) more than 10X the residential use patterns, chronic

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residential exposure to residues of IV. Other Considerations states that tolerances may be set when pendimethalin is not expected. persons seeking such tolerances or A. Analytical Enforcement Methodology 3. Short-term risk. Short-term exemptions have demonstrated that the aggregate exposure takes into account Adequate enforcement methodology, pesticide meets the safety standard short-term residential exposure plus gas chromatography with electron imposed by that statute. These chronic exposure to food and water capture detection (GC/ECD), is available comments appear to be directed at the (considered to be a background to enforce the tolerance expression. underlying statute and not EPA’s exposure level). The method may be requested from: implementation of it; the citizens have Pendimethalin is currently registered Chief, Analytical Chemistry Branch, made no contention that EPA has acted for uses that could result in short-term Environmental Science Center, 701 in violation of the statutory framework. residential exposure, and the Agency Mapes Rd., Ft. Meade, MD 20755–5350; EPA has found that there is a reasonable has determined that it is appropriate to telephone number: (410) 305–2905; certainty of no harm to humans after aggregate chronic exposure through food email address: residuemethods@ considering the toxicological studies and water with short-term residential epa.gov. and the exposure levels of humans to exposures to pendimethalin. B. International Residue Limits pendimethalin. Using the exposure assumptions In making its tolerance decisions, EPA D. Revisions to Petitioned-for described in this unit for short-term seeks to harmonize U.S. tolerances with Tolerances exposures, EPA has concluded the international standards whenever Based on review of the data combined short-term food, water, and possible, consistent with U.S. food supporting the petitions, EPA has residential exposures result in aggregate safety standards and agricultural revised the petitioned-for tolerance in or MOEs of 130 for adults and 92 for practices. EPA considers the on ‘‘meat byproduct’’ (at 3.0 ppm) based children 1 to 2 years old, the two international maximum residue limits on anticipated residues in kidney which population subgroups receiving the (MRLs) established by the Codex contained the highest residue amongst greatest combined dietary and non- Alimentarius Commission (Codex), as all ruminant tissues and will therefore dietary exposure. Because EPA’s level of required by FFDCA section 408(b)(4). cover anticipated residues in liver and concern for pendimethalin is a MOE of The Codex Alimentarius is a joint fat. BASF, proposed setting a tolerance 30 or below, these MOEs are not of United Nations Food and Agriculture on ‘‘meat byproduct except liver’’, also concern. Organization/World Health at 3.0 ppm based on anticipated 4. Intermediate-term risk. Organization food standards program, residues in kidney with a separate lower Intermediate-term aggregate exposure and it is recognized as an international tolerance on liver at 1.5 ppm. However, takes into account intermediate-term food safety standards-setting the anticipated residues in liver versus residential exposure plus chronic organization in trade agreements to kidney, on which the tolerance for meat exposure to food and water (considered which the United States is a party. EPA byproduct is based on, are not to be a background exposure level). may establish a tolerance that is significantly different given the limited An intermediate-term adverse effect different from a Codex MRL; however, number of data for those tissues and that was identified; however, pendimethalin FFDCA section 408(b)(4) requires that both are greater than LOQ and within 1 is not registered for any use patterns EPA explain the reasons for departing ppm of each other. Therefore, a single that would result in intermediate-term from the Codex level. tolerance on ‘‘meat byproduct’’ without residential exposure. Intermediate-term There are currently no established a separate tolerance on liver is adequate. risk is assessed based on intermediate- Codex MRLs for the residues of Additionally, the current tolerance term residential exposure plus chronic pendimethalin. expression for pendimethalin for plant dietary exposure. Because there is no C. Response to Comments commodities includes the combined intermediate-term residential exposure residues of pendimethalin and its 3,5- and chronic dietary exposure has Two comments were received to the dinitrobenzyl alcohol metabolite (CL already been assessed under the Notices of Filing for PP 4E8282 and PP 202,347). EPA has determined, based on appropriately protective cPAD (which is 4F8261. One commenter stated: the review of the ruminant feeding at least as protective as the POD used to ‘‘Pesticide/Herbicide contents must be study, that the residues of concern for assess intermediate-term risk), no made available to the public due to setting tolerances and assessing risks in further assessment of intermediate-term allergies. Labeling foods that have been ruminants is the parent compound, risk is necessary, and EPA relies on the exposed to Pesticides/Herbicides pendimethalin, and its metabolite, 1-(1- chronic dietary risk assessment for protects the public from potentially ethylpropyl)-5, 6-dimethyl-7-nitro-1H- evaluating intermediate-term risk for ingesting a known allergen. This safe benzimidazole (also known as pendimethalin. practice allows health care professionals metabolite 6). 5. Aggregate cancer risk for U.S. to determine the cause of a life Finally, the Agency is removing population. As discussed in Unit III.A., threatening severe reaction to avoid Juneberry at 0.1 ppm as it is superseded EPA has determined that an RfD these products in the future. I am a by fruit, bushberry, subgroup 13–07B; as approach based on the chronic point of nurse hence my concern.’’ The second well as nut, tree, group 14 and pistachio departure is appropriate for evaluating commenter stated that no residue at 0.1 ppm to account for an updated cancer risk. As there are not chronic should be allowed for pendimethalin crop group conversion. aggregate risks of concern, there are no and that they do not support cancer aggregate risk concerns. manufacture or use of this product. The V. Conclusion 6. Determination of safety. Based on Agency understands the commenters’ Therefore, tolerances are established these risk assessments, EPA concludes concerns and recognizes that some for plant residues by measuring only the that there is a reasonable certainty that individuals believe that pesticides sum of pendimethalin, [N-(1- no harm will result to the general should be banned on agricultural crops. ethylpropyl)-3,4-dimethyl-2,6- population, or to infants and children However, the existing legal framework dinitrobenzenamine], and its metabolite, from aggregate exposure to provided by Section 408 of the Federal 4-[(1-ethylpropyl)amino]-2-methyl-3,5- pendimethalin residues. Food, Drug and Cosmetic Act (FFDCA) dinitrobenzyl alcohol calculated as the

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stoichiometric equivalent of the requirements of the Regulatory PART 180—[AMENDED] pendimethalin, in or on bushberry Flexibility Act (RFA) (5 U.S.C. 601 et subgroup 13–07B at 0.10 ppm; seq.), do not apply. ■ 1. The authority citation for part 180 continues to read as follows: caneberry subgroup 13–07A at 0.10 This action directly regulates growers, ppm; grass forage, fodder, and hay crop food processors, food handlers, and food Authority: 21 U.S.C. 321(q), 346a and 371. group 17, forage at 1,000 ppm; grass retailers, not States or tribes, nor does ■ 2. In § 180.361: forage, fodder, and hay crop group 17, this action alter the relationships or ■ a. Redesignate paragraph (a) as (a)(1). hay at 2,000 ppm; and nut, tree group distribution of power and ■ b. In the newly redesignated 14–12 at 0.1 ppm. Tolerances are responsibilities established by Congress paragraph (a)(1): established for livestock commodities is ■ i. Remove the entries in the table for by measuring only the sum of in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency ‘‘Grass forage, fodder, and hay crop pendimethalin, [N-(1-ethylpropyl)-3,4- group 17, straw’’; ‘‘Juneberry’’; ‘‘Nut, dimethyl-2,6-dinitrobenzenamine], and has determined that this action will not have a substantial direct effect on States tree group 14’’; and ‘‘Pistachio’’. its metabolite, 1-[(1-ethylpropyl)-5,6- ■ or tribal governments, on the ii. Revise the entries in the table for dimethyl-7-nitro-1H-benzimidazole ‘‘Grass, forage, fodder, and hay crop relationship between the national (metabolite 6), calculated as the group 17, forage’’ and ‘‘Grass, forage, government and the States or tribal stoichiometric equivalent of fodder, and hay crop group 17, hay’’. pendimethalin in or on cattle, fat at 0.30 governments, or on the distribution of ■ iii. Add alphabetically the entries ppm; cattle, meat at 0.10 ppm; cattle, power and responsibilities among the ‘‘Bushberry subgroup 13–07B’’ and meat byproduct 3.0 ppm; goat, fat at various levels of government or between ‘‘Caneberry subgroup 13–07A’’ to the 0.30 ppm; goat, meat at 0.10 ppm; goat, the Federal Government and Indian table. meat byproduct at 3.0 ppm; horse, fat at tribes. Thus, the Agency has determined ■ c. Add paragraph (a)(2). 0.30 ppm; horse, meat at 0.10 ppm; that Executive Order 13132, entitled The additions and revisions read as horse, byproduct at 3.0 ppm; milk at ‘‘Federalism’’ (64 FR 43255, August 10, follows: 0.04 ppm; sheep, fat at 0.30 ppm; sheep, 1999) and Executive Order 13175, meat at 0.10 ppm; and sheep, meat entitled ‘‘Consultation and Coordination § 180.361 Pendimethalin; tolerances for byproduct at 3.0 ppm. Additionally, the with Indian Tribal Governments’’ (65 FR residues. existing tolerances for Juneberry; nut, 67249, November 9, 2000) do not apply (a) General. (1) * * * tree, group 14; and pistachio are to this action. In addition, this action removed. Parts does not impose any enforceable duty or Commodity per VI. Statutory and Executive Order contain any unfunded mandate as million Reviews described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. This action establishes tolerances 1501 et seq.). ***** under FFDCA section 408(d) in Bushberry subgroup 13–07B ...... 0.10 response to a petition submitted to the This action does not involve any Caneberry subgroup 13–07A ...... 0.10 Agency. The Office of Management and technical standards that would require Budget (OMB) has exempted these types Agency consideration of voluntary ***** of actions from review under Executive consensus standards pursuant to section Grass, forage, fodder, and hay Order 12866, entitled ‘‘Regulatory 12(d) of the National Technology crop group 17, forage ...... 1,000 Transfer and Advancement Act Grass, forage, fodder, and hay Planning and Review’’ (58 FR 51735, crop group 17, hay ...... 2,000 October 4, 1993). Because this action (NTTAA) (15 U.S.C. 272 note). has been exempted from review under VII. Congressional Review Act ***** Executive Order 12866, this action is Nut, tree, group 14–12 ...... 0.10 not subject to Executive Order 13211, Pursuant to the Congressional Review entitled ‘‘Actions Concerning Act (5 U.S.C. 801 et seq.), EPA will ***** Regulations That Significantly Affect submit a report containing this rule and (2) Tolerances are established for Energy Supply, Distribution, or Use’’ (66 other required information to the U.S. residues of the herbicide pendimethalin, FR 28355, May 22, 2001) or Executive Senate, the U.S. House of including its metabolites and Order 13045, entitled ‘‘Protection of Representatives, and the Comptroller degradates, in or on commodities listed Children from Environmental Health General of the United States prior to in the following table. Compliance with Risks and Safety Risks’’ (62 FR 19885, publication of the rule in the Federal the tolerance levels is to be determined April 23, 1997). This action does not Register. This action is not a ‘‘major contain any information collections by measuring only the sum of rule’’ as defined by 5 U.S.C. 804(2). subject to OMB approval under the pendimethalin (N-(1-ethylpropyl)-3,4- Paperwork Reduction Act (PRA) (44 List of Subjects in 40 CFR Part 180 dimethyl-2,6-dinitrobenzenamine)) and U.S.C. 3501 et seq.), nor does it require its metabolite, 1-(1-ethylpropyl)-5, 6- any special considerations under Environmental protection, dimethyl-7-nitro-1H-benzimidazole Executive Order 12898, entitled Administrative practice and procedure, (metabolite 6), calculated as the ‘‘Federal Actions to Address Agricultural commodities, Pesticides stoichiometric equivalent of Environmental Justice in Minority and pests, Reporting and recordkeeping pendimethalin, in or on the commodity. Populations and Low-Income requirements. Populations’’ (59 FR 7629, February 16, Parts Dated: December 7, 2015. Commodity per 1994). Daniel J. Rosenblatt, million Since tolerances and exemptions that are established on the basis of a petition Acting Director, Registration Division, Office of Pesticide Programs. Cattle, fat ...... 0.30 under FFDCA section 408(d), such as Cattle, meat ...... 0.10 the tolerances in this final rule, do not Therefore, 40 CFR chapter I is Cattle, meat byproduct ...... 3.0 require the issuance of a proposed rule, amended as follows: Goats, fat ...... 0.30

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Parts DATES: This guidance is effective examinations of CMV drivers to use a Commodity per December 21, 2015. newly developed MER Form, MCSA– million ADDRESSES: You may search background 5875, in place of the current MER form, Goats, meat ...... 0.10 documents or comments to the docket and for use of the newly developed MEC Goats, meat byproduct ...... 3.0 for this rule, identified by docket Form MCSA–5876 for the current MEC Horse, fat ...... 0.30 number FMCSA–2012–0178, by visiting form, beginning on December 22, 2015. Horse, meat ...... 0.10 the: Horse, byproduct ...... 3.0 • Federal eRulemaking Portal: http:// II. Availability of New Forms Milk ...... 0.04 www.regulations.gov. Follow the online On December 14, FMCSA posted the Sheep, fat ...... 0.30 instructions for reviewing documents fillable pdf versions of the new driver Sheep, meat ...... 0.10 and comments. Regulations.gov is Sheep, meat byproduct ...... 3.0 available electronically 24 hours each examination forms. The Agency had day, 365 days a year; or planned to make the forms available * * * * * • DOT Docket Management Facility prior to this date but experienced [FR Doc. 2015–31655 Filed 12–18–15; 8:45 am] (M–30): U.S. Department of technical difficulties. As a result, BILLING CODE 6560–50–P Transportation (DOT), 1200 New Jersey FMCSA has received numerous requests Avenue SE., West Building, Ground from the public asking to have the Floor, Room 12–140, Washington, DC effective date for use of the MER Form, DEPARTMENT OF TRANSPORTATION 20590–0001. MCSA–5875, and the MEC, MCSA– FOR FURTHER INFORMATION CONTACT: Ms. 5876, to be delayed. FMCSA Federal Motor Carrier Safety Christine Hydock, Chief, Medical acknowledges that enforcement of this Administration Programs Division, Office of Policy, December 22, 2015, compliance date Federal Motor Carrier Safety would not provide sufficient time for 49 CFR Part 391 Administration, 1200 New Jersey Medical Examiners to become familiar [Docket No. FMCSA–2012–0178] Avenue SE., Washington, DC 20590 or with the new driver examination forms by telephone (202) 366–4001. If you and/or program electronic medical RIN 2126–AB40 have questions on viewing material in records systems. For this reason, Guidance on Medical Examiner’s the docket, contract Docket services, FMCSA will provide a 120-day grace Certification Integration Final Rule telephone (202) 366–9826. period during which Medical Examiners Regarding Use of Driver Examination SUPPLEMENTARY INFORMATION: may use either the current or the newly revised versions of the Medical Forms I. Legal Basis Examination Report Form and Medical AGENCY: Federal Motor Carrier Safety On April, 23, 2015, FMCSA published Examiner’s Certificate, which will be Administration (FMCSA), DOT. a final rule adopting regulations to from December 22, 2015, until April 20, ACTION: Guidance. facilitate the electronic transmission of 2016. Both sets of forms have been MEC information from FMCSA’s posted on the FMCSA Web site,1 and SUMMARY: The FMCSA announces a 120- National Registry to the State driver’s Medical Examiners have the option to day grace period during which Medical license agencies (SDLA) for holders of use either set of forms from December Examiners may use either the current or Commercial Driver’s Licenses (CDL) and 22, 2015 until April 20, 2016. the newly revised versions of the Commercial Learner’s Permits (CLP). (80 Medical Examination Report (MER) FR 22790). On June 22, 2015, FMCSA Issued on: December 16, 2015. Form and Medical Examiner’s published a document correcting the T.F. Scott Darling, III, Certificate (MEC). This period is from effective date for use of new forms Acting Administrator. December 22, 2015, until April 20, 2016. prescribed in the final rule to December [FR Doc. 2015–32001 Filed 12–18–15; 8:45 am] This action is being taken to ensure that 22, 2015. (80 FR 35577). See 49 CFR BILLING CODE 4910–EX–P Medical Examiners have sufficient time 391.43(f)(1) and (2) and 391.43(h)(1) and to become familiar with the new forms (2). 1 https://www.fmcsa.dot.gov/medical/driver- and to program electronic medical The final rule, as corrected, requires medical-requirements/medical-applications-and- records systems. certified MEs performing physical forms.

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Proposed Rules Federal Register Vol. 80, No. 244

Monday, December 21, 2015

This section of the FEDERAL REGISTER p.m., Monday through Friday, except public contact with FAA personnel contains notices to the public of the proposed Federal holidays. concerning this proposed rulemaking. issuance of rules and regulations. The Before acting on this proposal, we will Examining the AD Docket purpose of these notices is to give interested consider all comments we receive on or persons an opportunity to participate in the You may examine the AD docket on before the closing date for comments. rule making prior to the adoption of the final the Internet at http:// rules. We will consider comments filed after www.regulations.gov by searching for the comment period has closed if it is and locating Docket No. FAA–2015– possible to do so without incurring DEPARTMENT OF TRANSPORTATION 3741; or in person at the Docket expense or delay. We may change this Operations Office between 9 a.m. and 5 proposal in light of the comments we Federal Aviation Administration p.m., Monday through Friday, except receive. Federal holidays. The AD docket Discussion 14 CFR Part 39 contains this proposed AD, the European Aviation Safety Agency On April 12, 2013, we issued AD [Docket No. FAA–2015–3741; Directorate (EASA) AD, the economic evaluation, 2013–08–17, Amendment 39–17434 (78 Identifier 2014–SW–040–AD] any comments received, and other FR 25380, May 1, 2013), for Eurocopter France (now Airbus Helicopters) Model RIN 2120–AA64 information. The street address for the Docket Operations Office (telephone SA–365N, SA–365–N1, AS–365N2, AS Airworthiness Directives; Airbus 800–647–5527) is in the ADDRESSES 365 N3, and SA–366G1 helicopters. AD Helicopters (Type Certificate section. Comments will be available in 2013–08–17 requires an initial and Previously Held by Eurocopter France) the AD docket shortly after receipt. recurring inspection of the 9-degree For service information identified in fuselage frame for a crack and a repair AGENCY: Federal Aviation this proposed rule, contact Airbus of the frame if a crack exists. AD 2013– Administration (FAA), DOT. Helicopters, Inc., 2701 N. Forum Drive, 08–17 was prompted by the discovery of ACTION: Notice of proposed rulemaking Grand Prairie, TX 75052; telephone a crack in the 9-degree frame of a Model (NPRM). (972) 641–0000 or (800) 232–0323; fax AS–365N2 helicopter. This type of crack (972) 641–3775; or at http:// could develop on the other specified SUMMARY: We propose to supersede www.airbushelicopters.com/techpub. model helicopters because they contain airworthiness directive (AD) 2013–08– You may review service information at the same 9-degree frame. Those actions 17 for Airbus Helicopters Model SA– the FAA, Office of the Regional Counsel, are intended to detect a crack in the 9- 365N, SA–365–N1, AS–365N2, AS 365 Southwest Region, 10101 Hillwood degree frame to prevent loss of N3, and SA–366G1 helicopters. AD Pkwy., Room 6N–321, Fort Worth, structural integrity and subsequent loss 2013–08–17 currently requires an initial Texas 76177. of control of the helicopter. AD 2013–08–17 was prompted by and recurring inspections of the 9- FOR FURTHER INFORMATION CONTACT: Emergency AD No. 2010–0064–E, dated degree fuselage frame for a crack and a Robert Grant, Aviation Safety Engineer, repair of the frame if a crack exists. April 6, 2010, issued by EASA, which Safety Management Group, FAA, 10101 is the Technical Agent for the Member Since we issued AD 2013–08–17, Hillwood Pkwy., Fort Worth, Texas additional information has prompted us States of the European Union, to correct 76177; telephone (817) 222–5110; email an unsafe condition for Model SA– to propose modifying the compliance [email protected]. times and expanding the inspection area 365N, SA–365–N1, AS–365N2, AS 365 SUPPLEMENTARY INFORMATION: of the 9-inch frame. These proposed N3, and SA–366G1 helicopters. EASA actions are intended to detect a crack in Comments Invited advises that a crack was found in the 9- the 9-degree frame to prevent loss of degree frame of an AS–365N2 helicopter We invite you to participate in this during an inspection. The helicopter structural integrity and subsequent loss rulemaking by submitting written of control of the helicopter. had logged 10,786 flight hours. The comments, data, or views. We also crack was located 230 millimeters above DATES: We must receive comments on invite comments relating to the the cabin floor and had grown over a this proposed AD by February 19, 2016. economic, environmental, energy, or large section of the 9-degree frame on ADDRESSES: You may send comments by federalism impacts that might result the right-hand (RH) side. EASA states any of the following methods: from adopting the proposals in this that the time required for initiation of a • Federal eRulemaking Docket: Go to document. The most helpful comments crack in the area varies according to the http://www.regulations.gov. Follow the reference a specific portion of the weight and balance data of the different online instructions for sending your proposal, explain the reason for any aircraft versions. comments electronically. recommended change, and include • Fax: 202–493–2251. supporting data. To ensure the docket Actions Since AD 2013–08–17 Was • Mail: Send comments to the U.S. does not contain duplicate comments, Issued Department of Transportation, Docket commenters should send only one copy Since we issued AD 2013–08–17, Operations, M–30, West Building of written comments, or if comments are Amendment 39–17434 (78 FR 25380, Ground Floor, Room W12–140, 1200 filed electronically, commenters should May 1, 2013), EASA issued AD No. New Jersey Avenue SE., Washington, submit only one time. 2014–0159, dated July 7, 2014, which DC 20590–0001. We will file in the docket all supersedes EASA Emergency AD No. • Hand Delivery: Deliver to the comments that we receive, as well as a 2010–0064–E. Further analysis on the ‘‘Mail’’ address between 9 a.m. and 5 report summarizing each substantive strength of the 9-degree frame by Airbus

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Helicopters indicated that compliance landing threshold, the inspection would responsibilities among the various times should be modified and the be required within 110 hours TIS after levels of government. inspection area expanded. reaching whichever threshold occurs For the reasons discussed, I certify Consequently, we propose issuing this first, and thereafter at intervals not to this proposed regulation: AD, which would supersede AD 2013– exceed 110 hours TIS. For helicopters 1. Is not a ‘‘significant regulatory 08–17, and reflect the modified that have reached or exceeded the hours action’’ under Executive Order 12866; compliance times and inspection areas. TIS or landing threshold, the inspection 2. Is not a ‘‘significant rule’’ under the FAA’s Determination would be required within 110 hours TIS DOT Regulatory Policies and Procedures since the effective date of the AD and These helicopters have been approved (44 FR 11034, February 26, 1979); thereafter at intervals not to exceed 110 3. Will not affect intrastate aviation in by the aviation authority of France and hours TIS. are approved for operation in the United Alaska to the extent that it justifies States. Pursuant to our bilateral Differences Between This Proposed AD making a regulatory distinction; and agreement with France, EASA, its and the EASA AD 4. Will not have a significant technical representative, has notified us We would not require contacting the economic impact, positive or negative, of the unsafe condition described in its manufacturer for approved repair on a substantial number of small entities AD. We are proposing this AD because instructions. We also would not allow under the criteria of the Regulatory we evaluated all known relevant flight with a known crack. Flexibility Act. information and determined that an We prepared an economic evaluation unsafe condition is likely to exist or Costs of Compliance of the estimated costs to comply with develop on other products of the same We estimate that this proposed AD this proposed AD and placed it in the type design. would affect 40 helicopters of U.S. AD docket. Registry and that labor costs average $85 List of Subjects in 14 CFR Part 39 Related Service Information Under 1 a work hour. Based on these estimates, CFR Part 51 we expect the following costs: Air transportation, Aircraft, Aviation Airbus Helicopters has issued an • Inspecting the 9-degree frame safety, Incorporation by reference, Emergency Alert Service Bulletin would require 3 work-hours per Safety. (EASB), Revision 2, dated April 7, 2014, inspection for a cost of $255 per The Proposed Amendment containing the following three numbers: helicopter and $10,200 for the fleet per No. 05.00.57 for the Model SA–365N inspection cycle. Accordingly, under the authority and N1, and AS–365N2 and N3 and for • Repairing the 9-degree frame would delegated to me by the Administrator, military Model AS365F, Fs, Fi, and K require 24 work-hours for a labor cost of the FAA proposes to amend 14 CFR part helicopters; No. 05.39 for Model SA $2,040. Parts would cost $3,350 for a 39 as follows: 366–G1 and military Model SA 366–GA total cost of $5,390 per helicopter. helicopters; and No. 05.00.25 for PART 39—AIRWORTHINESS Authority for This Rulemaking military Model AS565MA, MB, SA, SB, DIRECTIVES and UB helicopter. Title 49 of the United States Code The EASB specifies checking at specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 regular intervals for a crack in the areas rules on aviation safety. Subtitle I, continues to read as follows: of the inner angles and flanges of the 9- section 106, describes the authority of Authority: 49 U.S.C. 106(g), 40113, 44701. degree frame on the RH and left hand the FAA Administrator. ‘‘Subtitle VII: (LH) sides, near the splice. Revision 2 of Aviation Programs,’’ describes in more § 39.13 [Amended] the EASB modifies the compliance detail the scope of the Agency’s ■ 2. The FAA amends § 39.13 by times, adds a compliance time based on authority. removing Airworthiness Directive (AD) take-off/landing cycles, and expands the We are issuing this rulemaking under 2013–08–17, Amendment 39–17434 (78 inspection areas up to the junction with the authority described in ‘‘Subtitle VII, FR 25380, May 1, 2013) and adding the the upper part of the frame. EASA Part A, Subpart III, Section 44701: following new AD: classified this service information as General requirements.’’ Under that section, Congress charges the FAA with Airbus Helicopters (Previously Eurocopter mandatory and issued EASA AD No. France): Docket No. FAA–2015–3741; 2014–0159 to ensure the continued promoting safe flight of civil aircraft in Directorate Identifier 2014–SW–040–AD. airworthiness of these helicopters. air commerce by prescribing regulations This service information is reasonably for practices, methods, and procedures (a) Applicability available because the interested parties the Administrator finds necessary for This AD applies to Airbus Helicopters have access to it through their normal safety in air commerce. This regulation Model SA–365N, SA–365–N1, AS–365N2, course of business or by the means is within the scope of that authority AS 365 N3, and SA–366G1 helicopters, certificated in any category. identified in the ADDRESSES section. because it addresses an unsafe condition that is likely to exist or develop on (b) Unsafe Condition Proposed AD Requirements products identified in this rulemaking This AD defines the unsafe condition as a This proposed AD would require action. crack in the 9-degree frame, which could inspecting the 9-degree fuselage frame Regulatory Findings result in the loss of structural integrity and on the RH and LH sides for a crack, subsequent loss of control of the helicopter. using a 10x or higher magnifying glass We determined that this proposed AD (c) Affected ADs and a light source, in the areas depicted would not have federalism implications in specified portions of the EASB under Executive Order 13132. This This AD supersedes AD 2013–08–17, applicable to your helicopter. If there is proposed AD would not have a Amendment 39–17434 (78 FR 25380, May 1, 2013). a crack, this proposed AD would require substantial direct effect on the States, on repairing the frame before further flight. the relationship between the national (d) Comments Due Date For helicopters that have not reached a Government and the States, or on the We must receive comments by February certain hours time-in-service (TIS) or distribution of power and 19, 2016.

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(e) Compliance Issued in Fort Worth, Texas, on December If you use a telecommunications You are responsible for performing each 11, 2015. device for the deaf (TDD) or text action required by this AD within the Lance T. Gant, telephone (TTY), call the Federal Relay specified compliance time unless it has Manager, Rotorcraft Directorate, Aircraft Service (FRS), toll free, at 1–800–877– already been accomplished prior to that time. Certification Service. 8339. [FR Doc. 2015–31847 Filed 12–18–15; 8:45 am] (f) Required Actions SUPPLEMENTARY INFORMATION: On (1) Within 110 hours time-in-service (TIS) BILLING CODE 4910–13–P October 20, 2015, we published a notice after reaching the hours or landings in the Federal Register (80 FR 63478) threshold, whichever occurs first, listed in announcing our intention to establish a Table 1 to Paragraph (f)(1) of this AD or DEPARTMENT OF EDUCATION negotiated rulemaking committee to within 110 hours TIS from the effective date address for loans made under the of this AD, whichever occurs later, and 34 CFR Chapter VI thereafter at intervals not to exceed 110 hours William D. Ford Federal Direct Loan TIS, using a 10X or higher magnifying glass [Docket ID ED–2015–OPE–0103] (Direct Loan) Program: (1) The and a light, inspect the 9-degree fuselage procedures to be used for a borrower to frame on the right-hand (RH) and left-hand Negotiated Rulemaking Committee; establish a defense to repayment; (2) the (LH) sides for a crack in the areas depicted Negotiator Nominations and Schedule criteria that the Department will use to in Figures 1 and 2 of Airbus Helicopters of Committee Meetings—Borrower identify acts or omissions of an Emergency Alert Service Bulletin (EASB) No. Defenses AS365 05.00.57, Revision 2, dated April 7, institution that constitute defenses to 2014, or EASB No. SA366 05.39, Revision 2, AGENCY: Office of Postsecondary repayment of Direct Loans, including dated April 7, 2014, as applicable to your Education, Department of Education. the creation of a Federal standard; (3) model helicopter. For purposes of this AD, a ACTION: Intent to establish negotiated the standards and procedures that the landing would be counted anytime the rulemaking committee. Department will use to determine the helicopter lifts off into the air and then lands liability of the institution for amounts again regardless of the duration of the SUMMARY: On October 20, 2015, we based on borrower defenses; (4) the landing and regardless of whether the engine announced our intention to establish a is shut down. effect of borrower defenses on negotiated rulemaking committee to institutional capability assessments; and prepare proposed regulations for the TABLE 1 TO PARAGRAPH (f)(1) (5) other loan discharges. We noted that, Federal Student Aid programs in addition, the committee may also Helicopter model Hours TIS Landings authorized under title IV of the Higher consider if and how these issues will Education Act of 1965, as amended affect the Federal Family Education SA–365N ...... 11,490 22,980 (HEA), and solicited nominations for Loan (FFEL) Program. SA–365N1 ...... 10,490 20,980 individual negotiators for the In that notice, we set a schedule for AS–365N2 ...... 9,140 18,280 committee. We are requesting additional the committee meetings and requested AS 365 N3 ...... 8,740 17,480 nominations for individual negotiators nominations for individual negotiators SA–366G1 ...... 8,390 16,780 who represent specific stakeholder who represent stakeholder constituencies for the issues to be (2) If there is a crack, before further flight, constituencies for the issues to be repair the frame. Repairing a frame does not negotiated to serve on the committee. negotiated to serve on the committee. constitute terminating actions for the DATES: We must receive your We are requesting additional repetitive inspection requirements of this nominations for negotiators to serve on nominations for individual negotiators AD. the committee on or before December who represent the following stakeholder (g) Alternative Methods of Compliance 28, 2015. The dates, times, and locations constituencies for the issues to be (AMOCs) of the committee meetings are set out in negotiated to serve on the committee: • (1) The Manager, Safety Management the Schedule for Negotiations section in State higher education executive Group, FAA, may approve AMOCs for this the SUPPLEMENTARY INFORMATION section. officers. AD. Send your proposal to: Robert Grant, ADDRESSES: Please send your • Institutions of higher education Aviation Safety Engineer, Safety Management nominations for negotiators to Barbara eligible to receive Federal assistance Group, FAA, 10101 Hillwood Pkwy., Fort Hoblitzell, U.S. Department of under title III, parts A, B, and F, and Worth, Texas 76177; telephone (817) 222– Education, 1990 K Street NW., Room title V of the HEA, which include 5110; email 9-ASW-FTW-AMOC-Requests@ 8019, Washington, DC 20006. Historically Black Colleges and faa.gov. (2) For operations conducted under a 14 Telephone: (202) 502–7649 or by email: Universities, Hispanic-Serving CFR part 119 operating certificate or under [email protected]. Institutions, American Indian Tribally 14 CFR part 91, subpart K, we suggest that FOR FURTHER INFORMATION CONTACT: For Controlled Colleges and Universities, you notify your principal inspector, or information about the content of this Alaska Native and Native Hawaiian- lacking a principal inspector, the manager of notice, including information about the Serving Institutions, Predominantly the local flight standards district office or negotiated rulemaking process or the Black Institutions, and other institutions certificate holding district office before nomination submission process, with a substantial enrollment of needy operating any aircraft complying with this students as defined in title III of the AD through an AMOC. contact: Barbara Hoblitzell, U.S. Department of Education, 1990 K Street HEA. (h) Additional Information NW., Room 8019, Washington, DC • Two-year public institutions of The subject of this AD is addressed in 20006. Telephone: (202) 502–7649 or by higher education. European Aviation Safety Agency (EASA) AD email: [email protected]. • Private, for-profit institutions of No. 2014–0159, dated July 7, 2014. You may For information about negotiated higher education. view the EASA AD on the Internet at rulemaking in general, see The • National, regional, or specialized http://www.regulations.gov in Docket No. Negotiated Rulemaking Process for Title accrediting agencies. FAA–2015–3741. IV Regulations, Frequently Asked We intend to select negotiators for the (i) Subject Questions at www2.ed.gov/policy/ committee who represent the interests Joint Aircraft Service Component (JASC) highered/reg/hearulemaking/hea08/neg- significantly affected by the topics Code: 5311, Fuselage Main, Frame. reg-faq.html. proposed for negotiations. In so doing,

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we will follow the requirement in • Evidence of support from published in the Federal Register by section 492(b)(1) of the HEA that the individuals or groups within the using the article search feature at: individuals selected must have constituency that the nominee will www.federalregister.gov. Specifically, demonstrated expertise or experience in represent. through the advanced search feature at the relevant topics proposed for • The nominee’s commitment that he this site, you can limit your search to negotiations. We will also select or she will actively participate in good documents published by the individual negotiators who reflect the faith in the development of the Department. diversity among program participants, proposed regulations. Delegation of Authority: The Secretary in accordance with section 492(b)(1) of • The nominee’s contact information, of Education has delegated authority to the HEA. Our goal is to establish a including address, phone number, and Jamienne S. Studley, Deputy Under committee that will allow significantly email address. Secretary, to perform the functions and affected parties to be represented while For a better understanding of the duties of the Assistant Secretary for keeping the committee size manageable. negotiated rulemaking process, Postsecondary Education. We generally select a primary and nominees should review The Negotiated Program Authority: 20 U.S.C. 1098a. alternate negotiator for each Rulemaking Process for Title IV Dated: December 16, 2015. constituency represented on the Regulations, Frequently Asked committee. The primary negotiator Questions at www2.ed.gov/policy/ Jamienne S. Studley, participates for the purpose of highered/reg/hearulemaking/hea08/neg- Deputy Under Secretary. determining consensus. The alternate reg-faq.html prior to committing to [FR Doc. 2015–32007 Filed 12–18–15; 8:45 am] participates for the purpose of serve as a negotiator. BILLING CODE 4000–01–P determining consensus in the absence of Nominees will be notified whether or the primary. Either the primary or the not they have been selected as alternate may speak during the negotiators as soon as the Department’s DEPARTMENT OF COMMERCE negotiations. review process is completed. The committee may create subgroups Patent and Trademark Office on particular topics that may involve Schedule for Negotiations individuals who are not members of the The committee will meet for three 37 CFR Part 1 committee. Individuals who are not sessions on the following dates: [Docket No.: PTO–P–2015–0074] selected as members of the committee Session 1: January 12–14, 2016 will be able to observe the committee Session 2: February 17–19, 2016 Request for Submission of Topics for meetings, will have access to the Session 3: March 16–18, 2016 USPTO Quality Case Studies individuals representing their constituencies, and may be able to Sessions will run from 9 a.m. to 5 AGENCY: United States Patent and participate in informal working groups p.m. Trademark Office, Commerce. on various issues between the meetings. The January and February committee ACTION: Initiation of Pilot Program and The goal of the committee is to meetings will be held at the U.S. Request for Program Topics. develop proposed regulations that Department of Education at: 1990 K reflect a final consensus of the Street NW., Eighth Floor Conference SUMMARY: The United States Patent and committee. Consensus means that there Center, Washington, DC 20006. Trademark Office (USPTO) is initiating is no dissent by any member of the The March committee meetings will a new pilot program as part of its negotiating committee, including the be held at: Union Center Plaza (UCP) Enhanced Patent Quality Initiative. committee member representing the Learning Center, 830 First Street NE., Currently, the USPTO performs reviews Department. An individual selected as a Lobby Level, Washington, DC 20002. of applications on target issues for negotiator will be expected to represent The meetings are open to the public. internal quality purposes, referred to as the interests of his or her organization Accessible Format: Individuals with ‘‘case studies.’’ The USPTO now seeks or group and participate in the disabilities can obtain this document in to leverage the experience of its negotiations in a manner consistent an accessible format (e.g., braille, large stakeholders to expand the use of case with the goal of developing proposed print, audiotape, or compact disc) by studies to additional quality-related regulations on which the committee will contacting Wendy Macias, U.S. topics. Beginning immediately, reach consensus. If consensus is Department of Education, 1990 K Street stakeholders are invited to submit reached, all members of the organization NW., Room 8013, Washington, DC patent quality-related topics that they or group represented by a negotiator are 20006. Telephone: (202) 502–7526 or by believe should be the subject of a case bound by the consensus and are email: [email protected]. study. After considering the submitted prohibited from commenting negatively Electronic Access to This Document: topics, the USPTO will identify which on the resulting proposed regulations. The official version of this document is topics will be the subject of upcoming The Department will not consider any the document published in the Federal case studies. The USPTO anticipates such negative comments on the Register. Free Internet access to the that the results of these case studies will proposed regulations that are submitted official edition of the Federal Register help it to understand better the quality by members of such an organization or and the Code of Federal Regulations is of its work products and, where group. available via the Federal Digital System appropriate, to take action to remediate Nominations: Nominations should at: www.gpo.gov/fdsys. At this site you quality issues or to formulate best include: can view this document, as well as all practices to further enhance quality. • The name of the nominee, the other documents of this Department Such public engagement is sought not organization or group the nominee published in the Federal Register, in only to broaden the scope of quality represents, and a description of the text or Adobe Portable Document issues currently studied by the USPTO, interests that the nominee represents. Format (PDF). To use PDF you must but also to continue stakeholder • Evidence of the nominee’s expertise have Adobe Acrobat Reader, which is involvement in the quality review or experience in the topics proposed for available free at the site. You may also process and to maintain a transparent negotiations. access documents of the Department quality enhancement process.

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DATES: Submissions deadline date: To initiative to improve the quality of issue is being treated or addressed be ensured of consideration, written patents issued by the USPTO. This across hundreds or thousands of topic submissions must be received on initiative began with a request for public applications. The USPTO historically or before February 12, 2016. comments on a set of six proposals has performed case studies for internal ADDRESSES: Written submissions should outlined in a document in the Federal quality purposes. Register, Request for Comments on be sent by electronic mail message over III. Topic Submission for Case Studies Enhancing Patent Quality, 80 FR 6475 the Internet addressed to: Pilot Program TopicSubmissionForCaseStudies@ (Feb. 5, 2015). The USPTO also held a uspto.gov. Submissions may also be two-day ‘‘Quality Summit’’ on March 25 This new pilot program invites the submitted by postal mail addressed to: and 26, 2015, at the USPTO public to submit topics for case studies. Mail Stop Comments Patents, headquarters in Alexandria, Virginia, to Submissions may concern any topic Commissioner for Patents, P.O. Box discuss the quality concerns of patent affecting the USPTO’s ability to 1450, Alexandria, Virginia 22313–1450, stakeholders and to receive feedback on effectively issue high-quality patents. A submission should be more than a mere marked to the attention of Michael the USPTO’s proposals. Following the statement of an issue or problem Cygan, Senior Legal Advisor, Office of Quality Summit, the USPTO has encountered by the submitter. A Patent Legal Administration, Office of continued its engagement with the submission should propose a specific the Deputy Commissioner for Patent public through numerous roadshows, correlation or trend for study, and Examination Policy. Although events, and stakeholder meetings to where possible, suggest a methodology submissions may be sent by postal mail, further refine the steps that may be for its investigation. A helpful the USPTO prefers to receive taken to improve quality. submission would also explain how the submissions by electronic mail message The enhanced patent quality initiative results of that case study could be used over the Internet because sharing targets three pillars of patent quality: (1) to improve patent quality. The submissions with the public is more Excellence in work products; (2) excellence in measuring patent quality; submission may refer to concrete easily accomplished. examples to support the proposed Electronic submissions are preferred and (3) excellence in customer service. correlation or trend, but any such to be formatted in plain text, but also As part of the first pillar, the USPTO is examples should not contain may be submitted in ADOBE® portable focusing on the quality of the work information sufficient to identify any document format or MICROSOFT products provided at every stage of the ® patent process, including the actions particular application, any particular WORD format. Submissions not sent taken by the USPTO during application examiner, or any particular art unit. A electronically should be on paper in a processing, examination, and issuance submission may specify certain data format that facilitates convenient digital processes, as well as the quality of subsets for analysis, e.g., primary vs. scanning into ADOBE® portable issued patents. The USPTO originally junior examiners, or data broken out for document format. proposed creating a mechanism by each Technology Center. Finally, the Timely filed submissions will be which the public could flag particular submission should identify any relevant available for public inspection at the applications to the Office of Patent dates of concern that pertain to the issue Office of the Commissioner for Patents, Quality Assurance (OPQA) for review. presented, e.g., dates of a particular currently located in Madison East, After considering the comments from court opinion or USPTO guidance Tenth Floor, 600 Dulany Street, both our internal and external document. Alexandria, Virginia 22314. stakeholders, the USPTO decided to The following restrictions are placed Submissions also will be available for revise its original proposal. The USPTO on submissions. First, each separate viewing via the USPTO’s Internet Web is, instead, implementing a pilot topic must be presented in a separate site (http://www.uspto.gov/patents/init_ program in which stakeholders are submission to ensure consideration, events/Patent-Quality-Initiative.jsp). invited to submit patent quality-related although there is no limit placed upon Because submissions will be made topics, not particular applications, they the number of submissions from a available for public inspection, believe should be the subject of a case person or entity. Second, each information that the submitter does not study. submission should be titled, such as in desire to make public, such as an an email’s ‘‘subject’’ line, to reflect the address or phone number, should not be II. Case Studies at the USPTO topic contained therein. Third, included. It would be helpful to the The USPTO performs case studies to submissions should not contain USPTO if written submissions included investigate specific quality-related information associated with any information about: (1) The name and issues in addition to reviews of particular patent application or patent, affiliation of the individual responding; individual examiner work products, any particular examiner, or any and (2) an indication of whether such as its review of a sampling of first particular art unit; any such submission submissions offered represent views of Office actions on the merits. The will not be part of the study. Fourth, the respondent’s organization or are the USPTO designs, and performs, these topics should focus on patent quality respondent’s personal views. case studies to investigate whether the issues; topics relating to other issues FOR FURTHER INFORMATION CONTACT: quality-related issues that are the such as management concerns or Michael T. Cygan, Senior Legal Advisor, subject of these studies exist. If the statutory changes are outside the scope at (571) 272–7700; Maria Nuzzolillo, result of a case study reveals that action of these case studies. Fifth, the Legal Advisor, at (571) 272–8150; or is needed, the USPTO takes the submission should concisely explain Jeffrey R. West, Legal Advisor, at (571) necessary action. For example, if the the nature and purpose of the proposed 272–2226. result of the case study reveals that study to aid the USPTO in selecting the SUPPLEMENTARY INFORMATION: additional training is needed, the best topic(s) for this pilot program; the USPTO develops and implements the submission should not include lengthy I. The Enhanced Quality Initiative training. Unlike the USPTO’s review of supporting documentation or On February 5, 2015, the United specific Office actions in an individual arguments. States Patent and Trademark Office application, case studies allow the The USPTO will consider these (USPTO) launched an enhanced quality USPTO to investigate how a particular suggestions and identify potential areas

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for quality case studies in addition to could improve the overall efficiency and disclosure is restricted by statute. Do those already being conducted by effectiveness of patent prosecution. not submit any information OPQA. The USPTO will use the results Dated: December 15, 2015. electronically that is considered CBI or of the studies to improve its Michelle K. Lee, any other information whose disclosure understanding of the quality of its work is restricted by statute. The products and, where appropriate, to take Under Secretary of Commerce for Intellectual Property and Director of the United States www.regulations.gov Web site is an action to remediate quality issues or to Patent and Trademark Office. ‘‘anonymous access’’ system, which formulate best practices to further means the EPA will not know one’s [FR Doc. 2015–31897 Filed 12–18–15; 8:45 am] enhance quality. For example, if a case identity or contact information unless it BILLING CODE 3510–16–P study reveals a training issue, the is provided in the body of a comment. USPTO will develop and deliver the If a comment is emailed directly to the appropriate training. EPA without going through This pilot program will help the ENVIRONMENTAL PROTECTION www.regulations.gov, then the sender’s USPTO determine the usefulness of this AGENCY email address will automatically be manner of public submission for case 40 CFR Part 52 captured and included as part of the study topics as compared to currently- public docket comment and made existing methods, such as public fora [EPA–R06–OAR–2015–0497; FRL–9940–17– available on the Internet. If a comment and external quality surveys. In Region 6] is submitted electronically, then the addition, this pilot program will allow EPA recommends that one’s name and Approval and Promulgation of the USPTO to communicate to the other contact information be included in Implementation Plans; Texas; Control public the case studies determined to be the body of the comment, and with any of Air Pollution From Nitrogen useful and the results of those studies. disk or CD–ROM submitted. If the EPA Compounds State Implementation Plan IV. Example of a Topic Submission cannot read a particular comment due to AGENCY: technical difficulties and is unable to The following example is provided to The Environmental Protection contact for clarification, the EPA may assist the public in providing high- Agency (EPA). not be able to consider the comment. quality submissions that best ACTION: Proposed rule. Electronic files should avoid the use of communicate a focused case study topic SUMMARY: The Environmental Protection special characters, any form of for consideration: Agency (EPA) is proposing approval of Title: ‘‘Pre-first action interviews and encryption, and be free of any defects or revisions to the State Implementation quality of the resulting patent viruses. Multimedia submissions (audio, Plan (SIP) submitted by the State of prosecution.’’ video, etc.) must be accompanied by a Proposal for study: ‘‘Pre-first action Texas through the Texas Commission on written comment. The written comment interviews result in a shorter time-to- Environmental Quality (TCEQ) on July will be considered the official comment issuance in such applications that are 10, 2015. The Texas SIP submission with multimedia submissions and issued as patents.’’ revises 30 Texas Administrative Code should include all discussion points Explanation: In my experience as a (TAC) Chapter 117 rules for control of desired. The EPA will generally not patent practitioner, interviews with nitrogen compounds to assist the Dallas- consider a comment or its contents examiners lead to better understanding Fort Worth (DFW) moderate submitted outside of the primary of the claimed invention by both parties. nonattainment area (NAA) in attaining submission (i.e. on the Web, cloud, or In particular, interviews can reveal that the 2008 eight-hour ozone (O3) National other file sharing system). For the parties are operating under differing Ambient Air Quality Standards additional information on submitting understandings of the scope of the (NAAQS). comments, please visit http:// claims, the meaning of a claim term, or DATES: Written comments must be www2.epa.gov/dockets/commenting- interpretation of a teaching of the prior received on or before January 20, 2016. epa-dockets. art. When performed early in ADDRESSES: Submit your comments, Docket: The index to the docket for prosecution, these can provide the identified by Docket No. EPA–R06– this action is available electronically at opportunity to resolve such differences OAR–2015–0497, by one of the www.regulations.gov and in hard copy before the mutual misunderstanding or following methods: at the EPA Region 6, 1445 Ross Avenue, miscommunication results in extended • www.regulations.gov. Follow the Suite 700, Dallas, Texas. While all prosecution. This permits more efficient online instructions. documents in the docket are listed in examination as reflected by a shorter • Email: Mr. Guy Donaldson at the index, some information may be prosecution time for those applications [email protected]. publicly available only at the hard copy that eventually mature into patents. • Mail or delivery: Mr. Guy location (e.g., copyrighted material), and These efficiency gains are most Donaldson, Chief, Air Branch (6MM– some may not be publicly available at noticeable after April 1, 2011, when the AA), Environmental Protection Agency, either location (e.g., CBI). Full First Action Interview Pilot 1445 Ross Avenue, Suite 1200, Dallas, FOR FURTHER INFORMATION CONTACT: Mr. Program went into effect. The USPTO Texas 75202–2733. James E. Grady, (214) 665–6745; should study what effect an interview Instructions: Direct comments to [email protected]. To inspect the before the first action on the merits in Docket No. EPA–R06–OAR–2015–0497. hard copy materials, please schedule an a new application has on time-to- The EPA’s policy is that all comments appointment with Mr. Grady or Mr. Bill allowance in applications that are received will be included in the public Deese at (214) 665–7253. eventually issued as patents, and if docket without change and made SUPPLEMENTARY INFORMATION: there are any particular features of the available online at www.regulations.gov. Throughout this document ‘‘we,’’ ‘‘us,’’ interview that strongly correlate with The EPA includes any personal or ‘‘our’’ means ‘‘the EPA.’’ the time-to-allowance. Discovery of information provided, unless a such correlations could lead to USPTO comment includes information claimed Table of Contents

process changes or changes in to be Confidential Business Information I. Background on DFW 2008 Eight-Hour O3 applicants’ approach to prosecution that (CBI) or other information whose NAA Designation and Classification

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II. Background on Chapter 117 Proposed Rule Wise County, all of these counties were adopted Chapter 117 NOX rules for Revisions designated as nonattainment with a sources in the DFW area as part of the III. Evaluation of Texas’ Proposed Chapter serious classification under the 1997 O3 SIP submitted on May 30, 2007, for the 117 NOX Control SIP standard. Although the NAA was most 1997 eight-hour O3 standard. The EPA IV. The EPA’s Proposed Action recently classified as moderate, the first V. Incorporation by Reference approved those rules on December 8, 6 VI. Statutory and Executive Order Reviews nine counties are still required to meet 2008. The scope of the Chapter 117 their more stringent serious rule revisions implement the I. Background on DFW 2008 Eight-Hour classification requirements previously following: 7 O3 NAA Designation and Classification designated under the 1997 O3 standard. • Add NOX emission limits and On March 27, 2008, the EPA revised Wise County, however, is required to control requirements to major sources in meet the moderate classification the primary and secondary O3 standard newly designated Wise County. to a level of 75 parts per billion (ppb). requirements since it is newly • Revoke an exemption for utility Promulgation of a NAAQS triggers a designated as nonattainment for the turbines and auxiliary steam boilers 4 requirement for the EPA to designate DFW area. Previously, Wise County installed after November 15, 1992 in the areas as nonattainment, attainment, or was classified as an attainment area and DFW area; unclassifiable, and to classify the NAAs was exempt from the O3 NAA • Provide compliance flexibility to at the time of designation. requirements under the 1997 eight-hour affected units in all areas covered by O standard. On May 21, 2012, the EPA established 3 Chapter 117 for owners or operators of States are required to adopt control boilers and process heaters used on a initial area designations for most areas measures that implement Reasonably of the country with respect to the 2008 temporary basis (<60 calendar days); Available Control Technology (RACT) • primary and secondary eight-hour O3 5 Repeal certain major source on major sources of NOX emissions. industrial rules and utility rules for the NAAQS. The EPA published two rules The major source emission threshold 1 DFW area that are now obsolete due to addressing final implementation and level for the first nine counties (Collin, 2 the passing of compliance dates; air quality designations. The Dallas, Denton, Ellis, Johnson, Kaufman, • Add compliance schedules for the implementation rule established Parker, Rockwall, and Tarrant) remains new or revised RACT rules and add classifications, associated attainment at a potential to emit (PTE) of fifty tons deadlines, and revoked the 1997 O3 compliance dates for sources that per year (tpy) NOX based on its serious standards for transportation conformity classification under the 1997 standard. become subject to these rules after the purposes. The designation rule finalized Wise County major source threshold is initial compliance date; the NAA boundaries for areas that did • Add definitions to reflect the 100 tpy NOX based on the moderate not meet the 75 ppb standard. classification requirement. change in attainment status of Wise Furthermore, the finalized boundaries County; were classified according to the severity II. Background on Chapter 117 • Implement work practice standards of their O3 air quality problems as Proposed Rule Revisions or operating requirements determined by each area’s design On July 10, 2015 the EPA received, • Update associated monitoring, 3 value. The O3 classification categories the TCEQ submitted rule revisions to 30 recordkeeping, and reporting were defined as Marginal, Moderate, TAC, Chapter 117 ‘‘Control of Air requirements Serious, Severe, or Extreme. Pollution from Nitrogen Compounds.’’ • Establish exemptions Effective July 20, 2012, the DFW 2008 The State revised Chapter 117 for all Table 2 contains a list of the sections eight-hour O3 NAA was classified as major sources of NOX in the 2008 DFW of Chapter 117 with adopted moderate, consisting of ten counties: O3 NAA for the implementation of subchapters, divisions, and key sections Collin, Dallas, Denton, Ellis, Johnson, RACT requirements in all counties as with modifications associated with the Kaufman, Parker, Rockwall, Tarrant, required by CAA, section 172(c)(1) and July 10, 2015 DFW 2008 eight-hour O3 and Wise County. With the exception of section 182(f). The state previously SIP submittal.

TABLE 2—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 PROPOSED FOR MODIFICATION

Description Section

Subchapter A: Definitions ...... 117.10. Subchapter B, Division 4, DFW Eight-Hour O3 NAA Major Sources ...... 117.400, 117.403, 117.410, 117.423, 117.425, 117.430, 117.435, 117.440, 117.445, 117.450, 117.454, and 117.456. Subchapter C, Division 4, DFW Eight-Hour O3 NAA Utility Electric Gen- 117.1303, 117.1310, 117.1325, 117.1335, 117.1340, 117.1345, eration Sources. 117.1350, and 117.1354. Subchapter G, Division 1, General Monitoring and Testing Require- 117.8000 ments. Subchapter H, Division 1, Compliance Schedules and Division 2, Com- 117.9030 and 117.9130, 117.9800 and 117.9810. pliance Flexibility.

1 See 77 FR 30160 ‘‘Implementation of the 2008 average ozone concentration. See 40 CFR part 50, that these rule changes will strengthen the SIP by National Ambient Air Quality Standards for Ozone: appendix I. achieving NOX reductions in the DFW NAA. Nonattainment Area Classifications Approach, 4 In pursuant to the United States Court of 6 See 73 FR 73562. Attainment Deadlines and Revocation of the 1997 Appeals for the District of Columbia Circuit ruling 7 This is not an exhaustive list of changes to the Ozone Standards for Transportation Conformity in favor of the EPA’s inclusion of Wise County in Purposes.’’ the DFW 2008 eight-hour ozone nonattainment area 30 TAC Chapter 117 rules. For a complete summary 2 See 77 FR 30088, ‘‘Air Quality Designations for as lawful (see USCA Case #12–1309). of all Chapter 117 sections associated with this SIP the 2008 Ozone National Ambient Air Quality 5 The EPA is not making a determination that the revision, please refer to the Technical Support Standards.’’ TCEQ rules included in these revisions will meet Document (TSD), ‘‘30 Texas Administrative Code 3 The air quality design value for the 8-hour the RACT requirements of the CAA section 182(b) (TAC) Chapter 117 Control of Air Pollution from ozone NAAQS is the three-year average of the for the 2008 O3 NAAQS. The EPA will make that Nitrogen Compounds,’’ a copy of which is posted annual fourth highest daily maximum eight-hour review in a separate action. The EPA is only finding in the docket of this proposal.

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Table 3 contains a list of the sections subchapters, divisions, and key sections the July 10, 2015 DFW 2008 eight-hour of Chapter 117 with adopted with new requirements associated with O3 SIP submittal.

TABLE 3—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 PROPOSED NEW

Description Section

Subchapter B, Division 4, DFW Eight-Hour O3 NAA Major Sources ...... 117.405, 117.452.

Per TCEQ’s request, the following the control of carbon monoxide and concurs that these rules can remain sections listed in Table 4 below will not ammonia emissions, which are not O3 outside of the SIP. become a part of the EPA-approved precursors and, therefore, not necessary Texas SIP. These rules pertain mainly to components of the DFW SIP. The EPA

TABLE 4—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 NOT IN TEXAS SIP

Description Sections

Previously excluded and the TCEQ continues to ask that these remain 117.210(c), 117.225, 117.410(d), 117.425, 117.1110(b), 117.1125, outside the SIP. 117.1310(b), and 117.1325. Adopted new and will not be submitted as a SIP revision ...... 117.405(d).

Table 5 contains subchapters, well as sections 117.9010 and 117.9110 sources previously subject are now divisions, and key sections proposed for of Subchapter H in Division 1 because required to comply with more stringent repeal from the SIP by the TCEQ. The compliance dates for sources of NOX rules in existing Subchapter B and C, TCEQ adopts the repeal of existing subject to these have passed and are Division 4 and in revised sections Subchapters B and C in Division 2 as now considered obsolete. Furthermore, 117.9030, 117.9130.

TABLE 5—DESCRIPTION AND SECTIONS OF 30 TAC, CHAPTER 117 PROPOSED FOR REPEAL

Description Section

Subchapter B, Division 2, DFW O3 NAA Major Sources...... 117.200, 117.203, 117.205, 117.210, 117.215, 117.223, 117.225, 117.230, 117.235, 117.240, 117.245, 117.252, 117.254, 117.256. Subchapter C, Division 2, DFW O3 NAA Utility Electric Generation 117.1100, 117.1103, 117.1105, 117.1110, 117.1115, 117.1120, Sources. 117.1125, 117.1135, 117.1140, 117.1145, 117.1152, 117.1154, 117.1156. Subchapter H, Division 1, Compliance Schedules ...... 117.9010, 117.9110.

A complete summary along with all from Nitrogen Compounds,’’ a copy of sources in newly designated Wise non-substantive changes pertaining to which is posted in the docket of this County. The new NOX emission limits reformatting, restructuring, proposal. will assure that each source listed will reorganizing, and administrative III. Evaluation of Texas’ Proposed not exceed the 75 ppb O3 NAAQS revisions will be referenced in the Chapter 117 NO Control SIP standard. Technical Support Document (TSD), X ‘‘30 Texas Administrative Code (TAC) Please refer to Table 6 for a list of Chapter 117 Control of Air Pollution NOX emissions specifications for major

TABLE 6—NOX EMISSION LIMITS FOR 2008 DFW 8-HOUR O3 NAA FOR MAJOR SOURCES IN WISE COUNTY

Source Type Capacity NOX Limit Citation

Process Heaters ...... Max Rated Capacity ≥40 MMBtu/hr ...... 0.10 lb/MMBtu; ...... 117.405(b)(1). An option ...... or 82 ppmv NOX at 117.405(b)(1). 3% O2 dry basis. Stationary, Recipro- Gas-Fired Rich-Burn ...... 0.50 g/hp-hr ...... 117.405(b)(2)(A). cating Internal Gas-Fired Lean-Burn White Superior four-cycle units that have 12.0 g/hp-hr ...... 117.405(b)(2)(B)(i)(I). Combustion En- been placed into service, modified, recon- gines. structed, or relocated before June 1, 2015. White Superior four-cycle units that have 2.0 g/hp-hr ...... 117.405(b)(2)(B)(i)(II). been placed into service, modified, recon- structed, or relocated on or after June 1, 2015. Clark two-cycle units that have been placed 12.0 g/hp-hr ...... 117.405(b)(2)(B)(ii)(I). into service, modified, reconstructed, or relocated before June 1, 2015.

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TABLE 6—NOX EMISSION LIMITS FOR 2008 DFW 8-HOUR O3 NAA FOR MAJOR SOURCES IN WISE COUNTY—Continued

Source Type Capacity NOX Limit Citation

Clark two-cycle units that have been placed 2.0 g/hp-hr ...... 117.405(b)(2)(B)(ii)(II). into service, modified, reconstructed, or relocated on or after June 1, 2015. Fairbanks Morse MEP two-cycle units that 4.0 g/hp-hr ...... 117.405(b)(2)(B)(iii)(I). have been placed into service, modified, reconstructed, or relocated before June 1, 2015. Fairbanks Morse MEP two-cycle units that 2.0 g/hp-hr ...... 117.405(b)(2)(B)(iii)(II). have been placed into service, modified, reconstructed, or relocated on or after June 1, 2015. All others ...... 2.0 g/hp-hr ...... 117.405(b)(2)(B)(iv). Turbines ...... Stationary Gas ...... hp rating ≤10,000 hp ...... 0.55 lb/MMBtu ...... 117.405(b)(3)(A). hp rating ≥10,000 hp ...... 0.15 lb/MMBtu ...... 117.405(b)(3)(B).

Various controls for each major source The EPA will make that review in a under the Regulatory Flexibility Act (5 in Wise County are needed to achieve separate action. The EPA is only finding U.S.C. 601 et seq.); the required NOX limits. Process heaters that these rule changes will strengthen • Does not contain any unfunded are expected to achieve compliance after the SIP by achieving NOX reductions in mandate or significantly or uniquely installing dry low-NOX combustors with the DFW NAA. affect small governments, as described the proposed 0.10 lb/MMBtu emission in the Unfunded Mandates Reform Act specification. Gas-fired, rich-burn, V. Incorporation by Reference of 1995 (Pub. L. 104–4); combustion engines are anticipated to In this action, the EPA is proposing to • Does not have Federalism reach compliance using nonselective include in a final rule regulatory text implications as specified in Executive catalytic reduction (NSCR) as primary that includes incorporation by Order 13132 (64 FR 43255, August 10, control technology with air-to-fuel ratio reference. In accordance with the 1999); regulators. The addition of a secondary requirements of 1 CFR 51.5, the EPA is • Is not an economically significant catalyst module may be required to meet proposing to incorporate by reference regulatory action based on health or the proposed emission specification of revisions to the Texas regulations as safety risks subject to Executive Order 0.50 g/hp-hr, for gas-fired, lean-burn, described in the Proposed Action 13045 (62 FR 19885, April 23, 1997); combustion engines. All other lean-burn section above. The EPA has made, and • Is not a significant regulatory action engines are estimated to reach will continue to make, these documents subject to Executive Order 13211 (66 FR compliance after combustion generally available electronically 28355, May 22, 2001); modifications with the proposed 2.0 g/ through www.regulations.gov and/or in • Is not subject to requirements of hp-hr emission specification. New gas- hard copy at the EPA Region 6 office. section 12(d) of the National fired, lean-burn engines can meet the Technology Transfer and Advancement VI. Statutory and Executive Order proposed2.0 g/hp-hr standard without Act of 1995 (15 U.S.C. 272 note) because Reviews modification or installation of application of those requirements would additional controls. Under the CAA, the Administrator is be inconsistent with the CAA; and It is estimated that the adopted rules required to approve a SIP submission • Does not provide EPA with the will reduce the amount of NOX in the that complies with the provisions of the discretionary authority to address, as DFW area by 1.17 tons per day (tpd). Act and applicable Federal regulations. appropriate, disproportionate human The resulting emission reductions will 42 U.S.C. 7410(k); 40 CFR 52.02(a). health or environmental effects, using assist Texas in demonstrating Thus, in reviewing SIP submissions, the practicable and legally permissible attainment of the eight-hour O3 standard EPA’s role is to approve state choices, methods, under Executive Order 12898 within the DFW NAA. As a result, the provided that states meet the criteria of (59 FR 7629, February 16, 1994). EPA is proposing to approve the NOX the CAA. Accordingly, this action In addition, the SIP is not approved emission requirements for affected merely proposes to approve state law as to apply on any Indian reservation land major sources in the DFW NAA. meeting Federal requirements and does or in any other area where EPA or an not impose additional requirements Indian tribe has demonstrated that a IV. The EPAs Proposed Action beyond those imposed by state law. For tribe has jurisdiction. In those areas of The EPA is proposing to approve the that reason, this action: Indian country, the proposed rule does submitted TAC Chapter 117 SIP • Is not a ‘‘significant regulatory not have tribal implications and will not revisions into the SIP because they will action’’ subject to review by the Office impose substantial direct costs on tribal assist the DFW area into attainment of Management and Budget under governments or preempt tribal law as under the 2008 8-Hour O3 NAAQS by Executive Orders 12866 (58 FR 51735, specified by Executive Order 13175 (65 keeping each emissions source below 75 October 4, 1993) and 13563 (76 FR 3821, FR 67249, November 9, 2000). ppb. The EPA is proposing to approve January 21, 2011); all amended, repealed, and new sections • Does not impose an information List of Subjects in 40 CFR Part 52 of Chapter 117 that are being submitted collection burden under the provisions Environmental protection, Air as part of this SIP revision. The EPA is of the Paperwork Reduction Act (44 pollution control, Hydrocarbons, not making a determination that the U.S.C. 3501 et seq.); Incorporation by reference, TCEQ rules included in these revisions • Is certified as not having a Intergovernmental relations, Nitrogen will meet the RACT requirements of the significant economic impact on a oxides, Ozone, Reasonably available CAA § 182(b) for the 2008 O3 NAAQS. substantial number of small entities control technology, Reporting and

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recordkeeping requirements, Volatile • Individuals with a Disability: We Eligible entities for awards under this organic compounds. will provide an appropriate program include States, public or Authority: 42 U.S.C. 7401 et seq. accommodation, including alternative private agencies and organizations, formats, upon request. To make such a institutions of higher education, and Dated: December 8, 2015. request, please contact Marlina Moses- Indian tribes and tribal organizations. Ron Curry, Gaither, (202) 795–7409 (Voice) or at B. Research Fellowships Regional Administrator, Region 6. [email protected]. [FR Doc. 2015–31662 Filed 12–18–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: Greg The purpose of the Research BILLING CODE 6560–50–P Pugh, Administration for Community Fellowships program is to build Living, telephone (202) 795–7422 research capacity by providing support (Voice). This is not a toll-free number. to highly qualified individuals, DEPARTMENT OF HEALTH AND This document will be made available including those who are individuals HUMAN SERVICES in alternative formats upon request. with disabilities, to perform research on rehabilitation and independent living of 45 CFR Part 1330 SUPPLEMENTARY INFORMATION: individuals with disabilities. Any individual is eligible for assistance RIN 0985–AA12 I. Workforce Innovation and Opportunity Act of 2014 under this program who has training and experience that indicate a potential National Institute on Disability, The Workforce Innovation and for engaging in scientific research Independent Living, and Rehabilitation Opportunity Act of 2014 (‘‘WIOA,’’ Pub. related to the solution of rehabilitation Research L. 113–128), signed into law on July 22, problems of individuals with 2014, included significant changes to AGENCY: National Institute on Disability, disabilities. The program provides Title II of the Rehabilitation Act of 1973. Independent Living, and Rehabilitation grants to support two categories of Research; Administration for The first of these is the insertion of a Fellowships: Distinguished Fellowships Community Living; HHS. new name, the National Institute on (for those with seven or more years of Disability, Independent Living, and ACTION: Proposed rule. relevant research experience) and Merit Rehabilitation Research (‘‘NIDILRR,’’ Fellowships (for individuals in earlier SUMMARY: This proposed rule would which was previously the National stages of their careers in research). implement the Workforce Innovation Institute on Disability and and Opportunity Act of 2014 and reflect Rehabilitation Research). WIOA also C. Special Projects and Demonstrations the transfer of the National Institute on relocates NIDILRR from the Department for Spinal Cord Injuries Disability, Independent Living, and of Education (‘‘ED’’) to the The Special Projects and Rehabilitation Research (NIDILRR) from Administration for Community Living Demonstrations for Spinal Cord Injuries the Department of Education to the (‘‘ACL’’) of the Department of Health program provides assistance to establish Department of Health and Human and Human Services. innovative projects for the delivery, Services. The previous regulations were II. Programs Authorized by Title II of demonstration, and evaluation of issued by the Department of Education. the Rehabilitation Act of 1973, as comprehensive medical, vocational, and The rulemaking will consolidate the Amended by WIOA other rehabilitation services to meet the NIDILRR regulations into a single part, wide range of needs, including align the regulations with the current A. Disability, Independent Living, and independent living, of individuals with statute and HHS policies, and will Rehabilitation Research Projects and spinal cord injuries. The entities eligible provide guidance to NIDILRR grantees. Centers for an award under these Projects and DATES: Comments are due on or before The purpose of the Disability and Demonstrations are the same as for February 19, 2016. Rehabilitation Research Projects and Disability and Rehabilitation Research ADDRESSES: You may submit comments Centers program is to plan and conduct Projects and Centers. in one of following ways (no duplicates, research, development, demonstrations, III. Discussion of Proposed Rule please): Written comments may be training, dissemination, and related submitted through any of the methods activities, including international Department of Education regulations specified below. Please do not submit activities, to maximize the full inclusion governing the National Institute on duplicate comments. and integration into society, Disability and Rehabilitation Research • Federal eRulemaking Portal: You employment, independent living, family are found at 34 CFR parts 350, 356, and may (and we encourage you to) submit support, and economic and social self- 359. Part 350 sets forth regulations electronic comments on this regulation sufficiency of individuals with addressing the Disability and at http://www.regulations.gov. Follow disabilities, especially individuals with Rehabilitation Research Projects and the instructions under the ‘‘submit a the most severe disabilities, and Centers Program; part 356 sets forth comment’’ tab. Attachments should be improve the effectiveness of services regulations addressing Disability and in Microsoft Word, WordPerfect, or authorized under the Rehabilitation Act Rehabilitation Research Fellowships; Excel; however, we prefer Microsoft of 1973, 29 U.S.C. 701 et seq. and part 359 sets forth regulations Word. To this end, NIDILRR provides grants addressing Special Projects and • Regular, Express, or Overnight Mail: to establish and support: Demonstrations for Spinal Cord Injuries. You may mail written comments to the • Disability, Independent Living, and ACL proposes to streamline the following address only: Administration Rehabilitation Research Projects; NIDILRR regulations and to consolidate for Community Living, Attention: • Field Initiated Projects; them into one part, 45 CFR part 1330. NIDILRR NPRM, U.S. Department of • Advanced Rehabilitation Research In our regulations, we propose to Health and Human Services, Training Projects; eliminate regulatory language included Washington, DC 20201. Please allow • Rehabilitation Research and in the corresponding ED regulations that sufficient time for mailed comments to Training Centers; and does not add further interpretation to be received before the close of the • Rehabilitation Engineering Research the statutory language. We also propose comment period. Centers. to eliminate unnecessary regulatory

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language that already exists in other believe that asking applicants to identify Proposed § 1330.20 explains the documents and that need not be the stage of research they are proposing purpose and importance of peer review included in regulatory language, such as would help applicants clarify the Proposed § 1330.21 states that peer the application materials or terms and expected outcomes of their proposed review will be used in the selection of conditions of grant awards. The research and would help us better awardees. Peer review is viewed as remainder of the proposed rule is categorize our research investments and integral to the continuing independence derived largely from the previous ED tailor our review process. The proposed and scientific integrity of NIDILRR’s language, with significant deviations change would also help us select work. In addition, 29 U.S.C. 762(f)(1) noted below. reviewers who are knowledgeable about provides that the NIDILRR Director the topic and able to assess the ‘‘shall provide for scientific peer review 45 CFR Part 1330 relationship between the identified of all applications for financial We propose creating a new part to 45 stage of research and the proposed assistance for research, training, and CFR, part 1330, entitled National research design. This would increase demonstration projects over which the Institute for Disability, Independent the likelihood that we fund research Director has authority.’’ Living, and Rehabilitation Research. We that contributes to the evolution of Proposed § 1330.22 establishes the expect the Department of Education will knowledge on a topic. The stages of composition of peer review panels, and be issuing regulations at a later date research reflect a progression in the the factors used by the Director to select rescinding 34 CFR parts 350, 356, and development of knowledge from members for these panels. In accordance 359. describing the status, needs, and with 29 U.S.C. 762(f)(1), employees of the U.S. Department of Health and Subpart A—Disability, Independent challenges of individuals with disabilities to developing and testing Human Services are excluded from peer Living, and Rehabilitation Research review panels. Projects and Centers Program interventions to widespread adoption of effective practices, programs, and Proposed § 1330.23 contains the Subpart A will contain general policies that improve their status, evaluation process used in determining requirements for the main NIDILRR respond to their needs, and reduce their which applications to fund, including grant program. challenges with the aim of supporting the selection of evaluation criteria, Proposed § 1330.1 explains what independence, integration, productivity, scoring, and notification requirements. projects are funded under the program, and self-determination. This process is largely statutory, stating and the purpose of the program. This Proposed § 1330.5 defines the stages that the selection criteria are based on section will provide a valuable of development funded by NIDILRR, statutory provisions that apply to the framework to potential applicants for and applicants are expected to identify Program. NIDILRR funding, as the statute does which stage(s) of development they Proposed § 1330.24 is an extensive list not specify specific funding propose to undertake. We believe that of criteria from which the Director may opportunities. The provisions largely asking applicants to identify the stage(s) select in evaluating applications, and for incorporate language from the of development will help them to better the most part is verbatim of § 350.54 of corresponding regulations at 34 CFR document and communicate proposed 34 CFR. An important proposed 350.1 and 350.2. development projects and expected addition to § 1330.24 is language which Proposed § 1330.2 contains outcomes and help us better categorize allows for the assessment of either information on what entities are eligible development projects, select reviewers, hypotheses or research questions, as to receive assistance under the program, and tailor our review process. This will appropriate to the proposed research. In and is derived substantially from the increase the likelihood of funding addition, language is proposed which adds clarity as to the evaluation of the authorizing statute. It also cites other development projects that contribute to ‘‘appropriateness’’ of research samples, regulations that apply to the awards products meeting significant needs of specifically two elements: The extent to under part 1330, including the Uniform individuals with disabilities. ACL which the sampling process yields Administrative Requirements, Cost especially solicits comments on these research participants who are Principles, and Audit Requirements for stages of development, and the addition appropriate to the purpose of the study HHS Awards, codified at part 75 of 45 of a requirement to identify the stage(s) (i.e., representative and inclusive of CFR, rather than the EDGAR regulations of development proposed for funding. which govern Department of Education social, ethnic, socioeconomic, financial assistance. In addition, all Subpart B—Requirements for Awardees disability-related, and other differences entities receiving assistance are subject Subpart B contains general that are important to the outcomes and to the HHS Grants Policy Statement, requirements for awardees under the implications of the research); and available at http://www.hhs.gov/asfr/ NIDILRR research program. whether the sample size is sufficient to ogapa/aboutog/hhsgps107.pdf. Other Proposed § 1330.10 identifies the reasonably expect that differences than citing to the HHS Grant and other activities which are eligible to receive resulting from the proposed applicable regulations, the proposed funding. intervention can be detected in the rule is generally the same as 34 CFR Proposed § 1330.11, in accordance population being studied. 350.3 and 350.4. with 29 U.S.C. 718(c), when so We also propose a factor for assessing Proposed § 1330.3 contains indicated in application materials or the feasibility of implementing a definitions of terms used throughout the elsewhere, requires applicants to proposed research design. This factor proposed rules. demonstrate in their applications how will assist peer reviewers to evaluate the Proposed § 1330.4 defines the stages they will address the needs of people quality of the research design, and of research funded by NIDILRR, and with disabilities from minority whether it can be successfully requires applicants to identify which backgrounds. completed, especially in light of the stage(s) of research they propose to time and resources available. We undertake. This is a significant addition Subpart C—Selection of Awardees propose to add this assessment factor to as compared to existing ED regulations Subpart C describes what processes ensure that we sponsor high-quality and represents a major safeguard to NIDILRR will use in the selection of research that can be carried out by the NIDILRR’s scientific integrity. We awardees. applicant. Without a factor related to

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feasibility, we could fund technically development projects; and Subpart D—Disability, Independent well-designed research proposals that demonstration that the product is or is Living, and Rehabilitation Research cannot realistically be completed, given likely to be adopted by the target Fellowships limitations in time, resources, and population and used for its intended Subpart D contains information on current knowledge. purpose. ACL particularly solicits programs awarding funding to research Additional proposed factors in this comments on this factor. fellows, along with the eligibility rule not included in ED regulations Proposed § 1330.25 contains selection requirements and selection criteria for include the extent to which applicants criteria specifically for field-initiated these programs. This is significantly obtain and use input from individuals priorities New to proposed § 1330.25 is streamlined as compared to part 356 in with disabilities and other stakeholders authority for NIDILRR to fund out of the ED rules, but is included to signify to shape the proposed research rank order for all competitions that the program discussed in that part activities. Another proposed factor continue under HHS’ administration. In requires that applicants identify and conducted under § 1330.25 provided that the application receives a peer keeping with established ED practice, justify the stage of research to establish these fellowships will be funded by that the proposed research has a review score of at least 80 percent or more of available points and represents grants to eligible fellows, as HHS foundation in the current state of believes that this supports the a unique opportunity to advance the knowledge on the topic. development of new and existing rehabilitation knowledge to improve the An important proposed addition to researchers in the fields of disability, this section is a factor which allows for lives of individuals with disabilities, independent living, and rehabilitation the assessment of development projects. complements research investment research. Proposed factors and sub-factors are already planned or funded, or addresses intended to improve the rigor and research in a new and promising way. Subpart E—Special Projects and clarity of documentation and This will allow NIDILRR to take Demonstrations for Spinal Cord Injuries communication for proposed advantage of a unique opportunity to Subpart E contains information on development projects; facilitate high advance the field, complement our projects focusing on spinal cord injuries quality peer-review; and subsequent investment in a particular research area, and eligibility requirements for these management and oversight of funded or build capacity in one of our research awards. This is significantly streamlined projects. Conceptually, these factors domains or broad priority areas, while as compared to part 359 in the ED rules, span the research basis supporting a maintaining quality standards. but is included for the reasons stated in significant need and target population subpart D. for a product; methodological elements Existing ED regulations not carried common and appropriate to most over to this proposed rule are as follows:

ED citation Title Reason for deletion

§ 350.10 ...... What are the general requirements for Disability and Summarizes Rehabilitation Act, does not add new infor- Rehabilitation Research Projects? mation. § 350.11 ...... What are the general requirements for a Field-Initiated Summarizes Rehabilitation Act, does not add new infor- Project? mation. § 350.12 ...... What are the general requirements for an Advanced Summarizes Rehabilitation Act, does not add new infor- Rehabilitation Research Training Project? mation. Part 350, Subpart C...... What Rehabilitation Research and Training Centers Summarizes Rehabilitation Act, does not add new infor- Does the Secretary Assist? mation. Part 350, Subpart D...... What Rehabilitation Engineering Research Centers Summarizes Rehabilitation Act, does not add new infor- Does the Secretary Assist? mation. Requirements for advisory committees from § 350.34 and § 350.35 will be included in application materials and grant terms & conditions, where appro- priate. § 350.41 ...... What State agency review must an applicant under the No longer used by NIDILRR. Disability and Rehabilitation Research Projects and Centers Program obtain? Part 350, Subpart G ...... What Conditions Must Be Met After an Award? Requirements are either already stated in the statute or are subject to the HHS-specific award requirements. In addition, other post-award conditions may be in- cluded in application materials and grant terms & conditions, where appropriate. § 356.3 ...... What regulations apply to this program? Same regulations apply as in § 1330.4. § 356.4 ...... What definitions apply to this program? Not used by NIDILRR. Part 356, Subpart B ...... What Kinds of Activities Does the Department Support Not used by NIDILRR. Under This Program? Part 356, Subpart C ...... How Does One Apply For Assistance Under This Pro- Subject to same requirements as established in gram? § 1330.10. Part 356, Subpart D ...... How Does the Secretary Select a Fellow? Subject to same criteria as established in § 1330.23. Part 356, Subpart E ...... What Conditions Have To Be Met By A Fellow? When not already stated in statute, requirements will be included in application materials, terms & conditions, or contract requirements where appropriate. Part 356, Subpart F ...... What Are the Administrative Responsibilities of a Fel- When not already stated in statute, requirements will be low? included in application materials, terms & conditions, or contract requirements where appropriate. § 359.3 ...... What regulations apply to this program? Same regulations apply as in § 1330.4. § 359.4 ...... What definitions apply to this program? Not used by NIDILRR.

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ED citation Title Reason for deletion

Part 359, Subpart B ...... What Kinds of Activities Does the Secretary Assist Summarizes Rehabilitation Act, does not add new infor- Under This Program? mation. § 359.30 ...... How is peer review conducted under this program? Same as in part 1330, subpart C. § 359.31 ...... What selection criteria does the Secretary use in re- Same as in part 1330, subpart C. viewing applications under this program? § 359.32 ...... What additional factors does the Secretary consider in Summarizes Rehabilitation Act, does not add new infor- making a grant under this program? mation.

IV. Impact Analysis information collection request is G. Executive Order 13132 submitted to the Office of Management A. Executive Orders 12866 and 13563 Executive Order 13132 on and Budget (OMB) for review and ‘‘federalism’’ was signed August 4, Executive Orders 12866 and 13563 approval. We are not introducing any 1999. The purposes of the Order are: direct agencies to assess all costs and new information collections in this ‘‘. . . to guarantee the division of benefits of available regulatory proposed rule however, nor revising governmental responsibilities between alternatives, and, if regulation is reporting requirements. the national government and the States necessary, to select regulatory that was intended by the Framers of the approaches that maximize net benefits D. Unfunded Mandates Reform Act Constitution, to ensure that the (including potential economic, Section 202 of the Unfunded principles of federalism established by environmental, public health and safety Mandates Reform Act of 1995 the Framers guide the executive effects, distributive impacts, and (Unfunded Mandates Act) requires that departments and agencies in the equity). The Department has determined a covered agency prepare a budgetary formulation and implementation of that this proposed rule is consistent impact statement before promulgating a policies, and to further the policies of with the priorities and principles set rule that includes any Federal mandate the Unfunded Mandates Reform Act forth in Executive Order 12866. that may result in expenditures by State, . . .’’ Executive Order 12866 encourages local, or Tribal governments, in the The Department certifies that this agencies, as appropriate, to provide the aggregate, or by the private sector, of proposed rule does not have a public with meaningful participation in $100 million, adjusted for inflation, or substantial direct effect on States, on the the regulatory process. The rulemaking more in any one year. relationship between the Federal implements the Workforce Innovation government and the States, or on the and Opportunity Act of 2014. In If a covered agency must prepare a budgetary impact statement, section 205 distribution of power and developing the final rule, we will responsibilities among the various consider input we received from the further requires that it select the most cost-effective and least burdensome levels of government. public including stakeholders. This ACL is not aware of any specific State alternatives that achieves the objectives proposed rule is not being treated as a laws that would be preempted by the of the rule and is consistent with the ‘‘significant regulatory action’’ under adoption of the regulation. section 3(f)(1) of Executive Order 12866. statutory requirements. In addition, Accordingly, the proposed rule has not section 203 requires a plan for Dated: December 15, 2015. been reviewed by the Office of informing and advising any small Kathy Greenlee, Management and Budget. government that may be significantly or Administrator, Administration for uniquely impacted by a rule. Community Living. B. Regulatory Flexibility Analysis ACL has determined that this Approved: December 15, 2015. The Secretary certifies under 5 U.S.C. proposed rule does not result in the Sylvia M. Burwell, 605(b), the Regulatory Flexibility Act expenditure by State, local, and Tribal Secretary, U.S. Department of Health and (Pub. L. 96–354), that this regulation governments in the aggregate, or by the Human Services. will not have a significant economic private sector of more than $100 million List of Subjects in 45 CFR Part 1330 impact on a substantial number of small in any one year. entities. The primary impact of this Grant programs, Research, proposed regulation is on entities E. Congressional Review Scholarships and fellowships. applying for NIDILRR funding For reasons set forth in the preamble, opportunities, specifically researchers, This proposed rule is not a major rule under the authority at 29 U.S.C. 709 and States, public or private agencies and as defined in 5 U.S.C. Section 804(2). 3343, the Department of Health and organizations, institutions of higher F. Assessment of Federal Regulations Human Services proposes to add part education, and Indian tribes and tribal and Policies on Families 1330 of subchapter C title 45 to read as organizations. The proposed regulation set forth below: does not have a significant economic Section 654 of the Treasury and impact on these entities. This proposed General Government Appropriations PART 1330—NATIONAL INSTITUTE rule is in fact significantly shorter than, Act of 1999 requires Federal agencies to FOR DISABILITY, INDEPENDENT but with identical compliance determine whether a policy or LIVING, AND REHABILITATION requirements to, the regulations it regulation may affect family well-being. RESEARCH replaces. If the agency’s conclusion is affirmative, Subpart A—Disability, Independent Living, then the agency must prepare an impact C. Paperwork Reduction Act of 1995 and Rehabilitation Research Projects and assessment addressing seven criteria Centers Program Under the Paperwork Reduction Act specified in the law. These proposed Sec. of 1995, we are required to provide 60- regulations do not have an impact on 1330.1 General. day notice in the Federal Register and family well-being as defined in the 1330.2 Eligibility for assistance and other solicit public comment before an legislation. regulations and guidance.

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1330.3 Definitions. § 1330.2 Eligibility for assistance and (d) Research is classified on a 1330.4 Stages of research. other regulations and guidance. continuum from basic to applied: 1330.5 Stages of development. (a) Unless otherwise stated in this part (1) Basic research is research in which Subpart B—Requirements for Awardees or in a determination by the NIDILRR the investigator is concerned primarily 1330.10 General requirements for awardees. Director, the following entities are with gaining new knowledge or 1330.11 Individuals with disabilities from eligible for an award under this understanding of a subject without minority backgrounds. program: reference to any immediate application (1) States. or utility. Subpart C—Selection of Awardees (2) Public or private agencies, (2) Applied research is research in 1330.20 Peer review purpose. including for-profit agencies. which the investigator is primarily 1330.21 Peer review process. (3) Public or private organizations, interested in developing new 1330.22 Composition of peer review panel. including for-profit organizations. knowledge, information, or 1330.23 Evaluation process. (4) Institutions of higher education. understanding which can be applied to 1330.24 Selection criteria. (5) Indian tribes and tribal a predetermined rehabilitation problem 1330.25 Additional considerations for field- organizations. initiated priorities. or need. (b) Other sources of regulation which (e) Development activities use Subpart D—Disability, Independent Living, may apply to awards under this part knowledge and understanding gained and Rehabilitation Research Fellowships include but are not limited to: form research to create materials, 1330.30 Fellows program. (1) 45 CFR part 16—Procedures of the devices, systems, or methods beneficial Departmental Grant Appeals Board. to the target population, including Subpart E—Special Projects and (2) 45 CFR part 46—Protection of Demonstrations for Spinal Cord Injuries design and development of prototypes Human Subjects. and processes. 1330.40 Spinal cord injuries program. (3) 45 CFR part 75—Uniform Authority: 29 U.S.C. 709, 3343. Administrative Requirements, Cost § 1330.4 Stages of research. Principles, and Audit Requirements for For any Disability, Independent Subpart A—Disability, Independent HHS Award. Living, and Rehabilitation Research Living, and Rehabilitation Research (4) 2 CFR parts 376 and 382— Projects and Centers Program Projects and Centers Program Nonprocurement Debarment and competition, the Department may Suspension and Requirements for Drug- § 1330.1 General. require in the application materials for Free Workplace (Financial Assistance). the competition that the applicant (a) The Disability, Independent (5) 45 CFR part 80— identify the stage(s) of research in which Living, and Rehabilitation Research Nondiscrimination under Programs it will focus the work of its proposed Projects and Centers Program provides Receiving Federal Assistance through project or center. The four stages of grants to establish and support— the Department of Health and Human research are— (1) The following Disability, Services—Effectuation of title VI of the (a) Exploration and discovery mean Independent Living, and Rehabilitation Civil Rights Act of 1964. the stage of research that generates Research and Related Projects: (6) 45 CFR part 81—Practice and hypotheses or theories through new and (i) Disability, Independent Living, and Procedures—Practice and Procedure for refined analyses of data, producing Rehabilitation Research Projects; Hearings Act under part 80 of this title. (ii) Field-Initiated Projects; observational findings and creating (7) 45 CFR part 84— other sources of research-based (iii) Advanced Rehabilitation Nondiscrimination on the Basis of Research Training Projects; and information. This research stage may Handicap in Programs and Activities include identifying or describing the (2) The following Disability, Receiving or Benefiting from Federal Independent Living, and Rehabilitation barriers to and facilitators of improved Financial Assistance. outcomes of individuals with Research Centers: (8) 45 CFR part 86— (i) Rehabilitation Research and disabilities, as well as identifying or Nondiscrimination on the Basis of Sex describing existing practices, programs, Training Centers; in Education Programs and Activities (ii) Rehabilitation Engineering or policies that are associated with Receiving or Benefiting from Federal Research Centers. important aspects of the lives of Financial Assistance. (b) The purpose of the Disability, individuals with disabilities. Results (9) 45 CFR part 87—Equal Treatment Independent Living, and Rehabilitation achieved under this stage of research of Faith-Based Organizations. may inform the development of Research Projects and Centers Program (10) 45 CFR part 91— interventions or lead to evaluations of is to plan and conduct research, Nondiscrimination on the Basis of Age interventions or policies. The results of development, demonstration projects, in Programs or Activities Receiving the exploration and discovery stage of training, dissemination, and related Federal Financial Assistance from HHS. activities, including international (11) 45 CFR part 93—New research may also be used to inform activities, to— Restrictions on Lobbying. decisions or priorities; (1) Develop methods, procedures, and (b) Intervention development means rehabilitation technology, that maximize § 1330.3 Definitions. the stage of research that focuses on the full inclusion and integration into As used in this part: generating and testing interventions that society, employment, education, (a) Secretary means the Secretary of have the potential to improve outcomes independent living, family support, and the Department of Health and Human for individuals with disabilities. economic and social self-sufficiency of Services Intervention development involves individuals with disabilities, especially (b) Administrator means the determining the active components of individuals with the most severe Administrator of the Administration for possible interventions, developing disabilities; and Community Living measures that would be required to (2) Improve the effectiveness of (c) Director means the Director of the illustrate outcomes, specifying target services authorized under the National Institute on Disability, populations, conducting field tests, and Rehabilitation Act of 1973, 29 U.S.C. Independent Living, and Rehabilitation assessing the feasibility of conducting a 701 et seq. Research. well-designed intervention study.

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Results from this stage of research may may have started. Stage results establish (d) In carrying out a demonstration be used to inform the design of a study that a product concept is feasible. activity under this program, an awardee to test the efficacy of an intervention; (b) Proof of product means the stage shall apply results derived from (c) Intervention efficacy means the of development where a fully-integrated previous research, testing, or practice to stage of research during which a project and working prototype, meeting critical determine the effectiveness of a new evaluates and tests whether an technical requirements is created. Stage strategy or approach. intervention is feasible, practical, and activities may include recruiting study (e) In carrying out a utilization has the potential to yield positive participants, implementing and activity under this program, a grantee outcomes for individuals with iteratively refining the prototype, testing must relate research findings to disabilities. Efficacy research may assess the prototype in natural or less- practical applications in planning, the strength of the relationships controlled contexts, and verifying that policy making, program administration, between an intervention and outcomes, all technical requirements are met. A and delivery of services to individuals and may identify factors or individual technology transfer plan is typically with disabilities. characteristics that affect the ongoing in collaboration with the (f) In carrying out a dissemination relationship between the intervention transfer partner(s). Stage results activity under this program, a grantee and outcomes. Efficacy research can establish that a product embodiment is must systematically distribute inform decisions about whether there is realizable. information or knowledge through a sufficient evidence to support ‘‘scaling- (c) Proof of adoption means the stage variety of ways to potential users or up’’ an intervention to other sites and of development where a product is beneficiaries. contexts. This stage of research may substantially adopted by its target (g) In carrying out a technical include assessing the training needed population and used for its intended assistance activity under this program, a for wide-scale implementation of the purpose. Stage activities typically grantee must provide expertise or intervention, and approaches to include completing product information for use in problem-solving. evaluation of the intervention in real- refinements; and continued world applications; and implementation of the technology § 1330.11 Individuals with disabilities from minority backgrounds. (d) Scale-up evaluation means the transfer plan in collaboration with the stage of research during which a project transfer partner(s). Other activities (a) If the director so indicates in the analyzes whether an intervention is include measuring users’ awareness of application materials or elsewhere, an effective in producing improved the product, opinion of the product, applicant for assistance under this outcomes for individuals with decisions to adopt, use, and retain program must demonstrate in its disabilities when implemented in a real- products; and identifying barriers and application how it will address, in world setting. During this stage of facilitators impacting product adoption. whole or in part, the needs of research, a project tests the outcomes of Stage results establish that a product is individuals with disabilities from an evidence-based intervention in beneficial. minority backgrounds. different settings. The project examines (b) The approaches an applicant may the challenges to successful replication Subpart B—Requirements for take to meet this requirement may of the intervention, and the Awardees include one or more of the following: (1) Proposing project objectives circumstances and activities that § 1330.10 General requirements for addressing the needs of individuals contribute to successful adoption of the awardees. with disabilities from minority intervention in real-world settings. This (a) In carrying out a research activity backgrounds. stage of research may also include well- under this program, an awardee must— (2) Demonstrating that the project will designed studies of an intervention that (1) Identify one or more hypotheses or address a problem that is of particular has been widely adopted in practice, but research questions; significance to individuals with lacks a sufficient evidence base to (2) Based on the hypotheses or disabilities from minority backgrounds. demonstrate its effectiveness. research question identified, perform an (3) Demonstrating that individuals intensive systematic study in § 1330.5 Stages of development. from minority backgrounds will be accordance with its approved For any Disability, Independent included in study samples in sufficient application directed toward— numbers to generate information Living, and Rehabilitation Research (i) New or full scientific knowledge; Projects and Centers Program pertinent to individuals with disabilities or from minority backgrounds. competition, the Department may (ii) Understanding of the subject or require in the notice inviting (4) Drawing study samples and problem being studied. program participant rosters from applications for the competition that the (b) In carrying out a development populations or areas that include applicant identify the stage(s) of activity under this program, an awardee development in which it will focus the individuals from minority backgrounds. must create, using knowledge and (5) Providing outreach to individuals work of its proposed project or center. understanding gained from research, with disabilities from minority The three stages of development are— models, methods, tools, systems, (a) Proof of concept means the stage backgrounds to ensure that they are materials, devices, systems, aware of rehabilitation services, clinical of development where key technical applications, devices, or standards that challenges are resolved. Stage activities care, or training offered by the project. are adopted by and beneficial to the (6) Disseminating materials to or may include recruiting study target population. Development otherwise increasing the access to participants, verifying product activities span one or more stages of disability information among minority requirements; implementing and testing development. populations. (typically in controlled contexts) key (c) In carrying out a training activity concepts, components, or systems, and under this program, an awardee shall Subpart C—Selection of Awardees resolving technical challenges. A conduct a planned and systematic technology transfer plan is typically sequence of supervised instruction that § 1330.20 Peer review purpose. developed and transfer partner(s) is designed to impart predetermined The purpose of peer review is to identified; and plan implementation skills and knowledge. insure that—

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(a) Those activities supported by the that apply to the Program which may (3) The extent to which the proposed National Institute on Disability, include, but are not limited to— activities address a significant need of Independent Living, and Rehabilitation (A) Specific statutory selection individuals with disabilities. Research (NIDILRR) are of the highest criteria; (4) The extent to which the proposed scientific, administrative, and technical (B) Allowable activities; activities address a significant need of quality; and (C) Application content requirements; rehabilitation service providers. (b) Activity results may be widely or (5) The extent to which the proposed applied to appropriate target (D) Other pre-award and post-award activities address a significant need of populations and rehabilitation conditions; or those who provide services to problems. (2) The Director may use a individuals with disabilities. § 1330.21 Peer review process. combination of selection criteria (6) The extent to which the applicant established under paragraph (a)(1) of proposes to provide training in a (a) The Director refers each this section and selection criteria from rehabilitation discipline or area of study application for an award governed by § 1330.24 to evaluate a competition. in which there is a shortage of qualified those regulations in this part to a peer researchers, or to a trainee population in review panel established by the (3) For Field-Initiated Projects, the Director does not consider § 1330.24(b) which there is a need for more qualified Director. researchers. (b) Peer review panels review (Responsiveness to the Absolute or (7) The extent to which the proposed applications on the basis of the Competitive Priority) in evaluating an project will have beneficial impact on applicable selection criteria in application. the target population. § 1330.24. (b) In considering selection criteria in § 1330.24, the Director selects one or (b) Responsiveness to an absolute or § 1330.22 Composition of peer review more of the factors listed in the criteria, competitive priority. In determining the panel. but always considers the factor in application’s responsiveness to the (a) The Director selects as members of § 1330.24(n) regarding members of application package or the absolute or a peer review panel scientists and other groups that have traditionally been competitive priority published in the experts in disability, independent underrepresented based on race, color, Federal Register, the Director considers living, rehabilitation or related fields national origin, gender, age, or one or more of the following factors: who are qualified, on the basis of disability. (1) The extent to which the applicant training, knowledge, or experience, to (c) The maximum possible score for addresses all requirements of the give expert advice on the merit of the an application is 100 points. absolute or competitive priority. applications under review. (d) In the application package or a (2) The extent to which the (b) The scientific peer review process notice published in the Federal applicant’s proposed activities are likely shall be conducted by individuals who Register, the Director informs applicants to achieve the purposes of the absolute are not Department of Health and of— or competitive priority. Human Services employees. (1) The selection criteria chosen and (c) Design of research activities. In (c) In selecting members to serve on the maximum possible score for each of determining the extent to which the a peer review panel, the Director may the selection criteria; and design is likely to be effective in take into account the following factors: (2) The factors selected for accomplishing the objectives of the (1) The level of formal scientific or considering the selection criteria and if project, the Director considers one or technical education completed by points are assigned to each factor, the more of the following factors: potential panel members. maximum possible score for each factor (1) The extent to which the research (2) The extent to which potential under each criterion. If no points are activities constitute a coherent, panel members have engaged in assigned to each factor, the Director sustained approach to research in the scientific, technical, or administrative evaluates each factor equally. field, including a substantial addition to activities appropriate to the category of (e) For all instances in which the the state-of-the-art. applications that the panel will Director chooses to allow field-initiated (2) The extent to which the consider; the roles of potential panel research and development, the selection methodology of each proposed research members in those activities; and the criteria in § 1330.25 will apply, activity is meritorious, including quality of those activities. consideration of the extent to which— (3) The recognition received by including the requirement that the applicant must achieve a score of 80 (i) The proposed design includes a potential panel members as reflected by comprehensive and informed review of awards and other honors from scientific percent or more of maximum possible points. the current literature, demonstrating and professional agencies and knowledge of the state-of-the-art; organizations outside the Department. § 1330.24 Selection criteria. (ii) Each research hypothesis or (4) Whether the panel includes In addition to criteria established research question, as appropriate, is knowledgeable individuals with under § 1330.23(a)(1), the Director may theoretically sound and based on disabilities, or parents, family members, select one or more of the following current knowledge; guardians, advocates, or authorized criteria in evaluating an application: (iii) Each sample is drawn from an representatives of individuals with (a) Importance of the problem. In appropriate, specified population and is disabilities. (5) Whether the panel includes determining the importance of the of sufficient size to address the individuals from diverse populations. problem, the Director considers one or proposed hypotheses or research more of the following factors: questions, as appropriate, and to § 1330.23 Evaluation process. (1) The extent to which the applicant support the proposed data analysis (a) The Director selects one or more of clearly describes the need and target methods; the selection criteria in § 1330.24 to population. (iv) The source or sources of the data evaluate an application; (2) The extent to which the proposed and the data collection methods are (1) The Director establishes selection activities further the purposes of the appropriate to address the proposed criteria based on statutory provisions Act. hypotheses or research questions and to

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support the proposed data analysis likely to be effective in accomplishing (9) The extent to which the quality methods; the objectives of the project, the Director and extent of the academic mentorship, (v) The data analysis methods are considers one or more of the following guidance, and supervision to be appropriate; factors: provided to each individual trainee are (vi) Implementation of the proposed (1) The extent to which the proposed of a high level and are likely to develop research design is feasible, given the demonstration activities build on highly qualified researchers. current state of the science and the time previous research, testing, or practices. (10) The extent to which the type, and resources available; (2) The extent to which the proposed extent, and quality of the proposed (vii) Input of individuals with demonstration activities include the use research experience, including the disabilities and other key stakeholders of proper methodological tools and opportunity to participate in advanced- is used to shape the proposed research theoretically sound procedures to level research, are likely to develop activities; and determine the effectiveness of the highly qualified researchers. (viii) The applicant identifies and strategy or approach. (11) The extent to which the justifies the stage of research being (3) The extent to which the proposed opportunities for collegial and proposed and the research methods demonstration activities include collaborative activities, exposure to associated with the stage. innovative and effective strategies or outstanding scientists in the field, and (3) The extent to which anticipated approaches. opportunities to participate in the (4) The extent to which the proposed research results are likely to satisfy the preparation of scholarly or scientific demonstration activities are likely to original hypotheses or answer the publications and presentations are contribute to current knowledge and original research questions, as extensive and appropriate. practice and be a substantial addition to appropriate, and could be used for (g) Design of dissemination activities. the state-of-the-art. planning additional research, including In determining the extent to which the generation of new hypotheses or (5) The extent to which the proposed demonstration activities can be applied design is likely to be effective in research questions, where applicable. accomplishing the objectives of the (4) The extent to which the stage of and replicated in other settings. (f) Design of training activities. In project, the Director considers one or research is identified and justified in the more of the following factors: description of the research project(s) determining the extent to which the design is likely to be effective in (1) The extent to which the content of being proposed. the information to be disseminated— (d) Design of development activities. accomplishing the objectives of the project, the Director considers one or (i) Covers all of the relevant aspects of In determining the extent to which the the subject matter; and project design is likely to be effective in more of the following factors: (1) The extent to which the proposed (ii) If appropriate, is based on new accomplishing project objectives, the training materials are likely to be knowledge derived from research Secretary considers one or more of the effective, including consideration of activities of the project. following factors: (2) The extent to which the materials (1) The extent to which the proposed their quality, clarity, and variety. (2) The extent to which the proposed to be disseminated are likely to be project identifies a significant need and training methods are of sufficient effective and usable, including a well-defined target population for the quality, intensity, and duration. consideration of their quality, clarity, new or improved product; (3) The extent to which the proposed (2) The extent to which the proposed variety, and format. training content— (3) The extent to which the methods project methodology is meritorious, (i) Covers all of the relevant aspects of including consideration of the extent to for dissemination are of sufficient the subject matter; and quality, intensity, and duration. which— (ii) If relevant, is based on new (i) The proposed project shows (4) The extent to which the materials knowledge derived from research and information to be disseminated and awareness of the state-of-the-art for activities of the proposed project. current, related products; the methods for dissemination are (4) The extent to which the proposed appropriate to the target population, (ii) The proposed project employs training materials, methods, and content including consideration of the appropriate concepts, components, or are appropriate to the trainees, familiarity of the target population with systems to develop the new or improved including consideration of the skill level the subject matter, format of the product; of the trainees and the subject matter of information, and subject matter. (iii) The proposed project employs the materials. appropriate samples in tests, trials, and (5) The extent to which the proposed (5) The extent to which the other development activities. training materials and methods are information to be disseminated will be (iv) The proposed project conducts accessible to individuals with accessible to individuals with development activities in appropriate disabilities. disabilities. environment(s); (6) The extent to which the (h) Design of utilization activities. In (v) Input from individuals with applicant’s proposed recruitment determining the extent to which the disabilities and other key stakeholders program is likely to be effective in design of utilization activities is likely is obtained to establish and guide recruiting highly qualified trainees, to be effective in accomplishing the proposed development activities; and including those who are individuals objectives of the project, the Director (vi) The applicant identifies and with disabilities. considers one or more of the following justifies the stage(s) of development for (7) The extent to which the applicant factors: the proposed project; and activities is able to carry out the training (1) The extent to which the potential associated with each stage. activities, either directly or through new users of the information or (3) The new device or technique will another entity. technology have a practical use for the be developed and tested in an (8) The extent to which the proposed information and are likely to adopt the appropriate environment; didactic and classroom training practices or use the information or (e) Design of demonstration activities. programs emphasize scientific technology, including new devices. In determining the extent to which the methodology and are likely to develop (2) The extent to which the utilization design of demonstration activities is highly qualified researchers. strategies are likely to be effective.

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(3) The extent to which the (2) The extent to which the budget for project, the Director considers one or information or technology is likely to be the project, including any subcontracts, more of the following factors: of use in other settings. is adequately justified to support the (1) The extent to which the applicant (i) Design of technical assistance proposed project activities. is committed to provide adequate activities. In determining the extent to (3) The extent to which the applicant facilities, equipment, other resources, which the design of technical assistance is of sufficient size, scope, and quality including administrative support, and activities is likely to be effective in to effectively carry out the activities in laboratories, if appropriate. accomplishing the objectives of the an efficient manner. (2) The quality of an applicant’s past project, the Director considers one or (m) Plan of evaluation. In determining performance in carrying out a grant. more of the following factors: the quality of the plan of evaluation, the (3) The extent to which the applicant (1) The extent to which the methods Director considers one or more of the has appropriate access to populations for providing technical assistance are of following factors: and organizations representing sufficient quality, intensity, and (1) The extent to which the plan of individuals with disabilities to support duration. evaluation provides for periodic advanced disability, independent living (2) The extent to which the assessment of progress toward— and clinical rehabilitation research. information to be provided through (i) Implementing the plan of (4) The extent to which the facilities, technical assistance covers all of the operation; and equipment, and other resources are relevant aspects of the subject matter. (ii) Achieving the project’s intended appropriately accessible to individuals (3) The extent to which the technical outcomes and expected impacts. with disabilities who may use the assistance is appropriate to the target (2) The extent to which the plan of facilities, equipment, and other population, including consideration of evaluation will be used to improve the resources of the project. the knowledge level of the target performance of the project through the population, needs of the target feedback generated by its periodic § 1330.25 Additional considerations for population, and format for providing assessments. field-initiated priorities. information. (3) The extent to which the plan of (a) The Director reserves funds to (4) The extent to which the technical evaluation provides for periodic support field-initiated applications assistance is accessible to individuals assessment of a project’s progress that is funded under this part when those with disabilities. based on identified performance applications have been awarded points (j) Plan of operation. In determining measures that— totaling 80 percent or more of the the quality of the plan of operation, the (i) Are clearly related to the intended maximum possible points under the Director considers one or more of the outcomes of the project and expected procedures described in § 1330.23. following factors: impacts on the target population; and (b) In making a final selection from (1) The adequacy of the plan of (ii) Are objective, and quantifiable or applications received when NIDILRR operation to achieve the objectives of qualitative, as appropriate. uses field-initiated priorities, the the proposed project on time and within (n) Project staff. In determining the Director may consider whether one of budget, including clearly defined quality of the project staff, the Director the following conditions is met and, if responsibilities, and timelines for considers the extent to which the so, use this information to fund an accomplishing project tasks. applicant encourages applications for application out of rank order: (2) The adequacy of the plan of employment from persons who are (1) The proposed project represents a operation to provide for using resources, members of groups that have unique opportunity to advance equipment, and personnel to achieve traditionally been underrepresented rehabilitation and other knowledge to each objective. based on race, color, national origin, improve the lives of individual with (k) Collaboration. In determining the gender, age, or disability. In addition, disabilities. quality of collaboration, the Director the Director considers one or more of (2) The proposed project considers one or more of the following the following: complements or balances research factors: (1) The extent to which the key activity already planned or funded by (1) The extent to which the personnel and other key staff have NIDILRR through its annual priorities or applicant’s proposed collaboration with appropriate training and experience in addresses the research in a new and one or more agencies, organizations, or disciplines required to conduct all promising way. institutions is likely to be effective in proposed activities. achieving the relevant proposed (2) The extent to which the Subpart D—Disability, Independent activities of the project. commitment of staff time is adequate to Living, and Rehabilitation Research (2) The extent to which agencies, accomplish all the proposed activities of Fellowships organizations, or institutions the project. demonstrate a commitment to (3) The extent to which the key § 1330.30 Fellows program. collaborate with the applicant. personnel are knowledgeable about the (a) The purpose of this program is to (3) The extent to which agencies, methodology and literature of pertinent build research capacity by providing organizations, or institutions that subject areas. support to highly qualified individuals, commit to collaborate with the (4) The extent to which the project including those who are individuals applicant have the capacity to carry out staff includes outstanding scientists in with disabilities, to perform research on collaborative activities. the field. rehabilitation, independent living, and (l) Adequacy and reasonableness of (5) The extent to which key personnel other experiences and outcomes of the budget. In determining the adequacy have up-to-date knowledge from individuals with disabilities. and the reasonableness of the proposed research or effective practice in the (b) The eligibility requirements for the budget, the Director considers one or subject area covered in the priority. Fellows program are as follows: more of the following factors: (o) Adequacy and accessibility of (1) Only individuals are eligible to be (1) The extent to which the costs are resources. In determining the adequacy recipients of Fellowships. reasonable in relation to the proposed and accessibility of the applicant’s (2) Any individual is eligible for project activities. resources to implement the proposed assistance under this program who has

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training and experience that indicate a ACTION: Notice of proposed NEPA procedures consistent with the CEQ potential for engaging in scientific implementation rule; request for public regulations. The Denali Commission research related to rehabilitation and comment. proposes the following NEPA independent living for individuals with implementing procedures for complying disabilities. SUMMARY: The Denali Commission with NEPA and the CEQ regulations. (3) This program provides two proposes to establish 45 CFR Chapter IX The remaining sections of categories of Fellowships: Merit and to add regulations for implementing SUPPLEMENTARY INFORMATION will Fellowships and Distinguished the National Environmental Policy Act provide background. Following the Fellowships. of 1969 (NEPA), as amended, and SUPPLEMENTARY INFORMATION is the text (i) To be eligible for a Distinguished invites public comment on the proposed of the proposed procedures. Fellowship, an individual must have rule. All comments will be considered seven or more years of research in preparing the final regulations, which Background experience in subject areas, methods, or will be made available to the public on In accordance with CEQ regulations techniques relevant to disability and the Commission’s internet site at http:// (40 CFR 1507.3), the Commission rehabilitation research and must have a www.denali.gov. consulted with the CEQ prior to doctorate, other terminal degree, or DATES: Comments and related material publication of the proposed rule. On comparable academic qualifications. must be received by January 20, 2016. August 10, 2004, the Commission (ii) The Director awards Merit ADDRESSES: You may submit comments published a proposed rule in the Fellowships to individuals in earlier to this rule by any of the following Federal Register (69 FR 48435) and stages of their careers in research. To be methods: invited public comment. The eligible for a Merit Fellowship, an Federal eRulemaking Portal: http:// Commission considered the comments individual must have either advanced www.regulations.gov. Follow the received on the 2004 proposed rule. On professional training or experience in instructions for submitting comments. March 6, 2006, however, the independent study in an area which is Mail, Hand Delivery, or Courier: Commission published a notice in the directly pertinent to disability and Denali Commission, Attn: NEPA Federal Register withdrawing the 2004 rehabilitation. Comments; 510 L Street, Suite 410; proposed rule (71 FR 13563). At the (c) Fellowships will be awarded in the Anchorage, AK 99501. time, the Commission intended to adopt form of a grant to eligible individuals. guidelines for implementing NEPA (d) In making a final selection of All written comments will be instead of promulgating a final rule. applicants to support under this available for public inspection during Since that time, however, the program, the Director considers the regular work hours at the 510 L Street, Commission has concluded that the extent to which applicants present a Suite 410 address listed above. approach outlined in the 2004 proposed unique opportunity to effect a major FOR FURTHER INFORMATION CONTACT: Mr. rule was appropriate and is issuing this advance in knowledge, address critical John Whittington, 907–271–1414. revised version of the proposed rule for problems in innovative ways, present SUPPLEMENTARY INFORMATION: review and comment before proceeding proposals which are consistent with the General to promulgate a final rule. The Institute’s Long-Range Plan, build rulemaking process maximizes public research capacity within the field, or Introduced by Congress in 1998, the involvement during the development of complement and significantly increases Denali Commission (Commission) is an the regulations, and once finalized, the potential value of already planned innovative federal-state partnership regulations provide a consistent NEPA research and related activities. designed to provide critical utilities, infrastructure, and economic support approach internally and with Subpart E—Special Projects and throughout Alaska. With the creation of cooperating agencies. Demonstrations for Spinal Cord the Commission, Congress The proposed rule published today Injuries acknowledged the need for increased reflects the Commission’s consideration inter-agency cooperation and focus on of and responses to the public § 1330.40 Spinal cord injuries program. Alaska’s remote communities. Since its comments received on the 2004 (a) This program provides assistance first meeting in April 1999, the proposed rule. to establish innovative projects for the Commission is credited with providing Responses to 2004 Comments delivery, demonstration, and evaluation numerous cost-shared infrastructure of comprehensive medical, vocational, projects across the State that exemplify The Commission received, reviewed independent living, and rehabilitation effective and efficient partnership and considered two letters of comment services to meet the wide range of needs between federal and state agencies, and on the August 10, 2004 Federal Register of individuals with spinal cord injuries. the private sector. notice. The comments and changes are (b) The agencies and organizations The National Environmental Policy discussed below by section and eligible to apply under this program are Act (NEPA) and implementing paragraph of the proposed rule. All described in 45 CFR 1330.2. regulations promulgated by the Council sections addressed in the comment [FR Doc. 2015–31907 Filed 12–18–15; 8:45 am] on Environmental Quality (CEQ) (40 letters are discussed. BILLING CODE P CFR parts 1500–1508) establish a broad Subpart A—General national policy to protect the quality of the human environment and to ensure Section 900.103 Terms and DENALI COMMISSION that environmental considerations and Abbreviations associated public concerns are given A comment was made to clarify the 45 CFR Chapter IX careful attention and appropriate weight term ‘‘applicant’’ in subsection (a)(2). National Environmental Policy Act in all decisions of the federal We reviewed the subsection and have Implementing Procedures and government. Sections 102(2) of NEPA clarified that an applicant can be a Categorical Exclusions and 40 CFR 1505.1 and 1507.3 require federal, state and local government or federal agencies to develop and, as non-governmental partner or AGENCY: Denali Commission. needed, revise implementing organization and also added ‘‘An

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applicant may also be a partner Section 900.108 Public Involvement Another suggestion under this section organization in receipt of award funds.’’ The Public involvement section was was to include Congressionally One comment noted ambiguity revised to include a ‘‘variance’’ delegated LUD II’s (USDA Forest between the use of ‘‘responsible provision, allowing the Commission, in Service Land Use Designation II) and official’’ and ‘‘approving official’’ in the interests of national security or the areas important for customary and §§ 900.106 and 900.302. To clarify, we public health, safety, or welfare, to traditional uses of fish and wildlife added a definition of ‘‘Approving reduce any public comment periods that resources, recreation, and critical Official’’ in this section and made are not required by the CEQ wildlife habitat values, such as Old changes as noted in the section headers Regulations, in new paragraph (d) in Growth Habitat as designated by the below. We no longer use the term this section. The 2004 proposed rule USDA Forest Service. We appreciate the ‘‘responsible official.’’ included the variance provision as suggestion but disagree that the § 900.202(c) in the Emergency actions additions are necessary. Critical wildlife Section 900.104 Applicability and variance section, and this was habitats are covered under paragraph interpreted as being limited to public (c)(12)(ii) of this section, while The title has been changed to Federal comment periods that apply to and Intergovernmental Relationships to paragraph (c)(12)(iii) covers natural emergency actions. On the contrary, this resources and unique geographic better describe the contents of the provision, which also requires the characteristics. The listing of sensitive section. The description of those Commission to publish a Federal resources in paragraphs (c)(12)(i) relationships and the Commission’s Register notice, notify interested parties, responsibilities are also more fully and provide the rationale for reducing through (iii) is not intended to be explained in keeping with the public comment periods, applies more exhaustive, and the following list is Commission responsibilities under broadly and is central to public more comprehensive than that listed in NEPA as set out in § 900.106 and as involvement. It therefore is appropriate the CEQ regulations at 40 CFR described in the following section. to include it in § 900.108. 1508.27(b)(3). Further, in the event that a proposal does not have an adverse Section 900.105 Applicant Subpart B—Environmental Review effect on an environmentally sensitive Responsibility Procedures resource but is highly controversial, that One commenter said that Section 900.202 Emergency Actions will be considered an extraordinary environmental analysis responsibility and Variance circumstance and require environmental was inappropriately delegated to One commenter objected to proposed review. applicants in this section, and noted paragraph 900.202(c) allowing the Section 900.205 Environmental that it remains the Commission’s Commission to reduce any time periods Assessment obligation to evaluate and take that are not required by the CEQ responsibility for the environmental regulations in the interests of national In a different section a commenter analysis. We agree with the commenter security or the public health, safety, or asked for direction regarding FONSIs. that it is the Commission’s obligation to welfare, and suggested that we limit its After careful review, we found each evaluate the potential impacts of a scope to emergency actions outlined in reference to both FONSIs and NOIs and proposed federal action (40 CFR paragraphs (a) and (b). We disagree. noted that each shall be prepared in 1506.5). We disagree with the Paragraphs (a) and (b) refer to accordance with this part. In this commenter’s conclusion that the emergency actions, whereas paragraph section, we clarified that FONSI’s shall proposed rule inappropriately delegates (c) applies only to time periods not be prepared in accordance with subpart this responsibility to our applicants. required by the CEQ regulations. We C of this part. The Commission’s responsibilities propose moving paragraph (c) from the outlined in § 900.106 clearly state that Emergency actions § 900.202 to the Section 900.207 Programmatic the Commission will evaluate, take Public involvement § 900.108 to Environmental Reviews responsibility for the scope and content underscore that it is not limited to We propose to include a new section of documents, and make the emergency actions and that it has wider on Programmatic environmental reviews environmental finding. Clarifying application. This provision is not in § 900.207. This section acknowledges language has been added to this section designed to sidestep NEPA the Commission’s ability to prepare or as well as sections 104, 108, 201, 303, requirements, but rather to allow some adopt programmatic NEPA documents, 305, 402 and 403 to ensure that the flexibility within the Commission’s own Commission’s responsibilities for time periods, and this is now explicitly include programmatic EAs or meeting its NEPA obligations, such as stated. Further, the threshold of programmatic EISs, and to tier to those those for conducting scoping (40 CFR ‘‘national security or the public health, documents when conducting NEPA 1501.7) and obtaining, assessing, and safety and welfare’’ is high, and any reviews for subsequent project-specific addressing comments (40 CFR 1503.1 time reduction requires both actions. Proposed § 900.207 is intended and 1503.4), are clearly stated. justification and notification. to facilitate the Commission’s use of Section 900.204 Categorical programmatic EAs and programmatic Section 900.106 Denali Commission Exclusions EISs consistent with the CEQ final Responsibility guidance, ‘‘Effective Use of A commenter suggested we include Programmatic NEPA Reviews’’ To further clarify from the comment language from 40 CFR 1508.27(b)(10) as (December 18, 2014).1 noted above regarding the ‘‘approving an extraordinary circumstance. We official,’’ we added language to indicate agree and have added paragraph (c)(10) the Federal Co-Chair shall designate the to this section. We have also more fully Commission’s Approving Official whose explained the use of the checklist and 1 The CEQ guidance is available at: http:// responsibilities include providing the application of extraordinary energy.gov/nepa/downloads/final-guidance- direction and guidance to applicants. circumstances. effective-use-programmatic-nepa-review.

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Subpart C—Environmental appreciate the comment, but disagree 900.207 Programmatic environmental Assessments with the conclusion. The listing is not reviews. meant to be a comprehensive list, Section 900.302 Adoption and Subpart C—Environmental Assessments merely a guide. Our regulations, at Incorporation by Reference 900.301 Content. § 900.206, do provide that an EIS is 900.302 Adoption and incorporation by For clarity, we now refer to the required when a project is determined reference. ‘‘Commission,’’ rather than the to have a potentially significant impact 900.303 Public involvement. ‘‘responsible Commission official.’’ We on the human environment (40 CFR 900.304 Actions resulting from assessment. note that FONSI’s and NOI’s shall be 1502.3) as the commenter requests. 900.305 Findings of no significant impact. prepared in accordance with this part. 900.306 Proposals normally requiring an We also explain the Commission’s role Appendix A to Part 900—Categorical EA. Exclusions and responsibilities and reiterate the Subpart D—Environmental Impact principles set out in § 900.106, when A commenter noted the language in Statements applicants are involved. A5 could be construed to remove NEPA 900.401 Notice of Intent and Scoping. review at an early stage. We reviewed Section 900.303 Public Involvement 900.402 Preparation and filing of draft and the section and disagree. The intent of final EISs. The Commission’s responsibility for this CATEX is to exclude the actual 900.403 Supplemental EIS. providing notice of the availability of planning and design process of a 900.404 Adoption. environmental documents has been proposal from NEPA review, not to 900.405 Proposals normally requiring an clearly stated in paragraph (b). exclude the entire proposal. In fact, the EIS. Appendix A to Part 900—Categorical Section 900.304 Actions Resulting NEPA review begins in the facility Exclusions. From Assessment planning and design phase. This CATEX 901–999 [RESERVED] is necessary to get to the point where One commenter noted that FONSI’s NEPA review can begin. Authority: 42 U.S.C. 3121, 4321; 40 CFR are referenced twice in this section, but A commenter was concerned that the parts 1500 through1508. there is no information as to the content actions in category A6 could disturb fish Subpart A—General or availability of the FONSI. We have and wildlife populations or allow for reviewed the section and added actions incompatible with an area’s § 900.101 Purpose. clarification directing readers to conservation system unit values. We This regulation (45 CFR part 900) § 900.305. have included sensitive resources and prescribes the policies and procedures Section 900.305 Findings of No subsistence activities in the list of of the Denali Commission (Commission) Significant Impact extraordinary circumstances in for implementing the National § 900.204(c), which will address this The Commission’s role and Environmental Policy Act of 1969 concern. responsibilities have been clarified and (NEPA) as amended (42 U.S.C. 4321– the section states that the Commission List of Subjects in 45 CFR Part 900 4347) and the Council on Environmental Quality (CEQ) is responsible for the governmental Administrative practice and functions of compiling the public Regulations for Implementing the procedure, Environmental impact Procedural Provisions of NEPA (40 CFR hearing summary or minutes, and statements, Environmental protection. written comments and responses record. parts 1500 through 1508). This For the reasons stated in the regulation also addresses other related Section 900.306 Proposals Normally preamble, the Denali Commission federal environmental laws, statutes, Requiring an EA proposes to establish Title 45 of the regulations, and Executive Orders that A suggestion was made to include CFR, Chapter IX, consisting of parts 900 apply to Commission administrative language regarding sensitive resources through 999 to read as follows: actions. This part supplements, and is to in § 900.204 in paragraph (c) of this CHAPTER IX—DENALI COMMISSION be used in conjunction with, 40 CFR section to include consideration of other parts 1500 through 1508, consistent environmental processes. Sensitive PART 900—NATIONAL with 40 CFR 1507.3. ENVIRONMENTAL POLICY ACT resources are appropriately considered § 900.102 Environmental policy. an extraordinary circumstance covered IMPLEMENTING PROCEDURES It is the policy of the Commission to: under § 900.204(c). Subpart A—General (a) Comply with the procedures and Subpart D—Environmental Impact Sec. policies of NEPA and other related Statements 900.101 Purpose. environmental laws, regulations, and 900.102 Environmental policy. orders applicable to Commission Section 900.402 Preparation and 900.103 Terms and abbreviations. actions; Filing of Draft and Final EISs 900.104 Federal and Intergovernmental (b) Provide guidance to applicants The role of an applicant and the Relationships. responsible for ensuring that proposals 900.105 Applicant responsibility. Commission’s role and responsibilities 900.106 Denali Commission responsibility. comply with all appropriate have been clarified. Language has been 900.107 Role of lead and cooperating Commission requirements; added to reemphasize the agencies. (c) Integrate NEPA requirements and responsibilities of the Commission set 900.108 Public involvement. other planning and environmental out in § 900.106. Subpart B—Environmental Review review procedures required by law or Procedures Commission practice so that all such Section 900.405 Proposals Normally procedures run concurrently rather than Requiring an EIS 900.201 Environmental review process. 900.202 Emergency actions. consecutively; A commenter noted appreciation for 900.203 Determination of federal actions. (d) Encourage and facilitate public our effort to provide examples of when 900.204 Categorical exclusions. involvement in Commission decisions to prepare an EIS, but thought our 900.205 Environmental assessment. that affect the quality of the human listing unreasonably narrow. We 900.206 Environmental impact statement. environment;

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(e) Use the NEPA process to identify (a) The following abbreviations are the Commission with the following and assess reasonable alternatives to used throughout this part: responsibilities, among others: proposed Commission actions to avoid (1) CATEX—Categorical exclusions; (1) Prepare and disseminate or minimize adverse effects upon the (2) CEQ—Council on Environmental applicable environmental quality of the human environment; Quality; documentation concurrent with a (f) Use all practicable means (3) EA—Environmental assessment; proposal’s engineering, planning, and consistent with NEPA and other (4) EIS—Environmental impact design; essential considerations of national statement; (2) Create and distribute public policy to restore or enhance the quality (5) FONSI—Finding of no significant notices; of the human environment and avoid or impact; (3) Coordinate public hearings and minimize any possible adverse effects of (6) NEPA—National Environmental meetings as required; the Commission’s actions upon the Policy Act of 1969, as amended; (4) Submit all environmental quality of the human environment; and (7) NOI—Notice of intent; documents created pursuant to this part (g) Consider and give important (8) ROD—Record of decision. to the Commission for review and weight to factors including customary § 900.104 Federal and Intergovernmental approval before public distribution; and traditional uses of resources, Relationships. (5) Participate in all Commission- conducted hearings or meetings; recreation, and the objectives of Federal, The Denali Commission was created (6) Consult with the Commission regional, State, local and tribal land use to deliver the services of the federal prior to obtaining the services of an plans, policies, and controls for the area government in the most cost-effective environmental consultant; in the case concerned in developing proposals and manner practicable. In order to reduce that an EIS is required, the consultant or making decisions in order to achieve a administrative and overhead costs, the contractor will be selected by the proper balance between the Commission partners with federal, state Commission; and development and utilization of natural, and local agencies and Alaska Native (7) Implement mitigation measures cultural and human resources and the villages and commonly depends on included as voluntary commitments by protection and enhancement of these governmental agencies for project the applicant or as requirements of the environmental quality (see NEPA management. Consequently, the applicant in environmental documents. section 101 and 40 CFR 1508.14). In Commission generally relies on the particular the Commission will consider expertise and processes already in use § 900.106 Denali Commission potential effects on subsistence by partnering agencies to help prepare responsibility. activities, which are critically important Commission NEPA analyses and (a) The Federal Co-Chair or his/her to the daily existence of Alaska Native documents. villages. designee shall designate an Approving (a) With federal partners, the Official for each Commission proposal, § 900.103 Terms and abbreviations. Commission will work as either a joint and shall provide environmental lead agency (40 CFR 1501.5 and (a) For the purposes of this part, the guidance to the Approving Official; 1508.16) or cooperating agency (40 CFR definitions in the CEQ Regulations, 40 (b) The Approving Official shall 1501.6 and 1508.5). The Commission CFR parts 1500 through 1508, are provide direction and guidance to the may invite other Federal agencies to adopted and supplemented as set out applicant as well as identification and serve as lead agency or as a cooperating below. In the event of a conflict the CEQ development of required analyses and agency. Regulations apply. documentation; (b) Consistent with 40 CFR 1508.5, the (1) Action. Action and Federal action (c) The Approving Official shall make Commission will typically invite Alaska as defined in 40 CFR 1508.18, include an independent evaluation of the Native villages and state and local projects, programs, plans, or policies, environmental issues, take government partners to serve as subject to the Commission’s control and responsibility for the scope and content cooperating agencies. of the environmental document (EA or responsibility. (c) Requests for the Commission to (2) Applicant. The federal, state, local EIS), and make the environmental serve as a lead agency (40 CFR finding; and government or non-governmental 1501.5(d)), for CEQ to determine which partner or organization applying to the (d) The Approving Official shall Federal agency shall be the lead agency ensure mitigation measures included in Commission for financial assistance or (40 CFR 1501.5(e)), or for the other approval. An applicant may also environmental documents are Commission to serve as a cooperating implemented. be a partner organization in receipt of agency (40 CFR 1501.6(a)(1)) shall be award funds. mailed to the Federal Co-Chair, Denali § 900.107 Role of lead and cooperating (3) Approving Official. The Denali Commission; 510 L Street, Suite 410; agencies. Commission staff member designated by Anchorage, AK 99501. In accordance with § 900.104, the the Federal Co-Chair or his/her designee Commission may defer the lead agency to fulfill the responsibilities defined in § 900.105 Applicant responsibility. role to other federal agencies in § 900.106. (b) Applicants shall work under accordance with 40 CFR 1501.5, and the (4) Commission proposal (or Commission direction provided by the Commission will then exercise its role proposal). A proposal, as defined at 40 Approving Official, and assist the as a cooperating agency in accordance CFR 1508.23, is a Commission proposal Commission in fulfilling its NEPA with 40 CFR 1501.6. whether initiated by the Commission, obligations by preparing NEPA analyses another federal agency, or an applicant. and documents that comply with the § 900.108 Public involvement. (5) Federal Co-Chair. One of the seven provisions of NEPA (42 U.S.C. 4321– (a) When public involvement is members of the Commission, appointed 4347), the CEQ regulations (40 CFR required pursuant to subparts C and D by the Secretary of Commerce, as parts 1500 through 1508), and the of this part, interested persons and the defined in the Denali Commission Act requirements set forth in this part. affected public shall be provided notice of 1998, 42 U.S.C. 3121, Public Law (c) Applicants shall follow of the availability of environmental 105–277. Commission direction when they assist documents, NEPA-related hearings, and

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public meetings. Such notice will be preclude following standard NEPA circumstances make it necessary to take made on the Commission Web site and processes. These alternative actions with significant environmental other means such that the community is arrangements are limited to those impacts without observing other notified (e.g., community postings, actions that are necessary to control the provisions of these NEPA implementing newspaper, radio or television). immediate impacts of the emergency. In procedures and the CEQ regulations (see (b) Applicants shall assist the the event of emergency circumstances, 40 CFR 1506.11). In these situations, the Commission in providing the the Approving Official should processing times may be reduced or, if opportunity for public participation and coordinate with the Federal Co-Chair as the emergency situation warrants, considering the public comments on the soon as practicable. When time permits, preparation and processing of EISs may proposal as described in subparts C and environmental documentation should be abbreviated. A request for alternative D of this part. be prepared in accordance with these arrangements must be submitted to CEQ (c) Interested persons can obtain NEPA implementing procedures. and notice of a potential request should information or status reports on EISs Immediate emergency actions necessary be provided to CEQ at the earliest and other elements of the NEPA process to protect the lives and safety of the opportunity. Before making the request, from the Commission’s office at 510 L public or prevent adverse impacts to the Approving Official shall consult Street, Suite 410; Anchorage, Alaska ecological resources and functions with the Federal Co-Chair. For projects 99501; or on the Commission Web site should never be delayed in order to undertaken by an applicant, the at http://www.denali.gov. Telephone: comply with NEPA. These actions Approving Official will inform the (907) 271–1414. should be taken as soon as is necessary Federal Co-Chair about the emergency. (d) In the interests of national security to ensure the protection and safety of The Federal Co-Chair will consult CEQ or the public health, safety, or welfare, the public and the protection of requesting the alternative arrangements the Commission may reduce any time ecological resources and functions. for complying with NEPA. periods that the Commission has Alternative arrangements for NEPA established and that are not required by compliance are permitted for emergency § 900.203 Determination of federal actions. the CEQ Regulations. The Commission actions pursuant to paragraphs (b) (a) The Commission shall determine, shall publish a notice on the Web site through (d) of this section. under the procedures detailed in the at http://www.denali.gov and notify (b) Categorical Exclusion (CATEX). CEQ Regulations (40 CFR parts 1500 interested parties (see 40 CFR 1506.6) When emergency circumstances make it through 1508), and this part, whether specifying the revised time periods for necessary to determine whether an any Commission proposal: the proposed action and the rationale extraordinary circumstance would (1) Is categorically excluded from for the reduction. preclude the use of a CATEX, the preparation of either an EA or an EIS; Approving Official shall make the (2) Requires preparation of an EA; or Subpart B—Environmental Review determination as soon as practicable. If (3) Requires preparation of an EIS. Procedures an extraordinary circumstance exists, (b) Notwithstanding any other the Approving Official shall comply provision of this part, the Commission § 900.201 Environmental review process. with paragraphs (c) and (d) of this may prepare a NEPA document for any (a) General. The environmental section, as applicable. Commission action at any time in order review process is the investigation of (c) Environmental assessment (EA). to further the purposes of NEPA. This potential environmental impacts to When emergency circumstances make it NEPA document may be done to determine the environmental process to necessary to take an action that requires analyze the consequences of ongoing be followed and to assist in the an EA before the EA can be completed, activities, to support Commission preparation of the environmental the Approving Official will consult with planning, to assess the need for document. the Federal Co-Chair to develop mitigation, to disclose fully the (b) Early coordination. Applicants alternative arrangements to meet the potential environmental consequences will contact the Commission and work requirements of these NEPA of Commission actions, or for any other with the Approving Official to begin the implementing procedures and CEQ reason. Documents prepared under this environmental review process as soon regulations pertaining to EAs. paragraph shall be prepared in the same as Denali Commission assistance is Alternative arrangements should focus manner as Commission documents projected. Environmental issues shall be on minimizing adverse environmental prepared under this part. identified and considered early in the impacts of the proposed action and the proposal planning process. A emergency. To the maximum extent § 900.204 Categorical exclusions. systematic, interdisciplinary approach practicable, these alternative (a) General. A categorical exclusion that includes community involvement arrangements should include the (CATEX) is defined in 40 CFR 1508.4 as and intergovernmental coordination to content, interagency coordination, and a category of actions which do not expand the potential sources of public notification and involvement that individually or cumulatively have a information and identify areas of would normally be undertaken for an significant effect on the human concern will be used. Environmental EA for the action at issue and cannot environment and, for which in the permits and other forms of approval, alter the requirements of the CEQ absence of extraordinary circumstances concurrence, or consultation may be regulations at 40 CFR 1508.9(a)(1) and or sensitive resources, neither an EA nor required. The planning process shall (b). The Federal Co-Chair may grant an an EIS is required. Actions that meet the include permitting and other review alternative arrangement. Any alternative conditions in paragraph (b) of this processes to ensure that necessary arrangement shall be documented. The section and are listed in section A of information will be collected and Federal Co-Chair will inform CEQ of the Appendix A of this part can be provided to permitting and reviewing alternative arrangements at the earliest categorically excluded from further agencies in a timely manner. opportunity. analysis and documentation in an EA or (d) Environmental Impact Statement EIS. Actions that meet the screening § 900.202 Emergency actions. (EIS). CEQ may grant alternative conditions in paragraph (b) of this (a) General. Emergency circumstances arrangements for, but not eliminate, section and are listed in section B of may require immediate actions that NEPA compliance where emergency Appendix A require satisfactory

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completion of a Denali Commission (9) Limit access to and ceremonial use § 900.207 Programmatic environmental CATEX checklist in order to be of Indian sacred sites on federal lands reviews. categorically excluded from further by Indian religious practitioners or (a) A programmatic NEPA review is analysis and documentation in an EA or adversely affect the physical integrity of used to assess the environmental EIS. such sacred sites (see Executive Order impacts of a proposed action that is (b) Conditions. The following three 13007); broad in reach, such as a program, plan, conditions must be met for an action to (10) Threaten a violation of a federal, or policy (see 40 CFR 1502.4). Analyses be categorically excluded from further tribal, state or local law or requirement of subsequent actions that fall within analysis in an EA or EIS. imposed for the protection of the the program, plan, or policy may be (1) The action has not been segmented environment; tiered to the programmatic review, as (too narrowly defined or broken down described in 40 CFR 1502.20 and (11) Have a reasonable likelihood of into small parts in order minimize its 1508.28. significant impact to subsistence potential effects and avoid a higher level (b) Programmatic NEPA reviews may activities; or of NEPA review) and its scope includes take the form of a programmatic EA or the consideration of connected actions (12) Have a reasonable likelihood of a programmatic EIS. and, when evaluating extraordinary significant impacts on environmentally (c) A programmatic EA shall meet all circumstances, cumulative impacts. sensitive resources, such as: of the requirements for EAs in subpart (2) No extraordinary circumstances (i) Properties listed, or eligible for C of this part, including those for described in paragraph (c) of this listing, in the National Register of content and public involvement. In section exist, unless resolved through Historic Places; order to adopt a programmatic EA other regulatory means. (ii) Species listed, or proposed to be prepared by another agency that did not (3) One categorical exclusion listed, on the List of Endangered or provide the same public involvement described in either section of Appendix Threatened Species, or their habitat; or opportunities as the Commission, the A encompasses the proposed action. Commission shall provide notice of the (iii) Natural resources and unique (c) Extraordinary circumstances. Any availability of the programmatic EA and geographic characteristics such as action that normally would be classified make it available for public comment historic or cultural resources; park, as a CATEX but could involve consistent with § 900.303(b) and (c) recreation or refuge lands; wilderness extraordinary circumstances will before adopting it. areas; wild or scenic rivers; national require appropriate environmental (d) A programmatic EIS shall meet all natural landmarks; sole or principal review documented in a Denali of the requirements for EISs in subpart drinking water aquifers; prime Commission CATEX checklist to D of this part and in 40 CFR parts 1500 farmlands; special aquatic sites (defined determine if the CATEX classification is through 1508. under Section 404 of the Clean Water proper or if an EA or EIS should be Act); floodplains; national monuments; prepared. Extraordinary circumstances Subpart C—Environmental and other ecologically significant or to be considered include those likely to: Assessments critical areas. (1) Have a reasonable likelihood of § 900.301 Content. significant impacts on public health, § 900.205 Environmental assessment. (a) An EA shall include brief public safety, or the environment; discussions of the need for the proposal; (2) Have effects on the environment (a) An EA is required for all proposals, except those exempt or of alternatives to the proposal as that are likely to be highly controversial required by NEPA section 102(2)(E); and or involve unresolved conflicts categorically excluded under this part, and those requiring or determined to of the environmental impacts of the concerning alternative uses of available proposal and alternatives. The EA shall resources; require an EIS. EAs provide sufficient evidence and analysis to determine also include a listing of agencies and (3) Have possible effects on the whether to prepare an EIS or a finding persons consulted. human environment that are highly of no significant impact (FONSI). (b) An EA may describe a broad range uncertain, involve unique or unknown (b) In addition, an EA may be of alternatives and proposed mitigation risks, or are scientifically controversial; measures to facilitate planning and (4) Establish a precedent for future prepared on any action at any time in order to assist in planning and decision decisionmaking. action or represent a decision in (c) The EA should also document principle about future actions with making, to aid in the Commission’s compliance with NEPA when no EIS is compliance, to the extent possible, with potentially significant environmental all applicable environmental laws and effects; necessary, or to facilitate EIS preparation. Executive Orders, or provide reasonable (5) Relate to other actions with assurance that those requirements can individually insignificant but (c) EAs shall be prepared in be met. cumulatively significant environmental accordance with subpart C of this part (d) The level of detail and depth of effects; and shall contain analyses to support impact analysis will normally be limited (6) Have a greater scope or size than conclusions regarding environmental to the minimum needed to determine is normal for the category of action; impacts. If a FONSI is proposed, it shall the significance of potential (7) Have the potential to degrade be prepared in accordance with environmental effects. already existing poor environmental § 900.305. conditions or to initiate a degrading § 900.302 Adoption and incorporation by influence, activity, or effect in areas not § 900.206 Environmental impact reference. statement. already significantly modified from (a) The Commission may adopt an their natural condition; An EIS is required when the project environmental document prepared for a (8) Have a disproportionately high is determined to have a potentially proposal before the Commission by and adverse effect on low income or significant impact on the human another agency or an applicant when minority populations (see Executive environment. EISs shall be prepared in the EA, or a portion thereof, addresses Order 12898); accordance with subpart D of this part. the proposed action and meets the

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standards for an adequate analysis published for a longer period of time as (d) Publication. The Commission shall under this part and relevant provisions determined by the Approving Official. make the final FONSI available to the of 40 CFR parts 1500 through 1508, (d) Final Commission action will be public on the Commission Web site. provided that the Commission makes its taken after public comments received on (e) Special circumstances. The FONSI own evaluation of the environmental an EA or draft FONSI are reviewed and notice of availability will be made issues and takes responsibility for the considered. available for public review (including State and areawide clearinghouses) for scope and content of the EA in § 900.304 Actions resulting from accordance with 40 CFR 1506.5(b). assessment. 30 days before the Commission makes (b) An environmental document or its final determination whether to (a) Accepted without modification. A prepare an environmental impact portion thereof prepared for a proposal proposal may be accepted without statement and before the action may before the Commission by another modifications if the EA indicates that agency or applicant, may be begin (40 CFR 1501.4(e)(2)) where: the proposal does not have significant (1) The proposed action is, or is incorporated by reference in accordance environmental impacts and a FONSI is with 40 CFR 1502.21 and used in closely similar to, one which normally prepared in accordance with § 900.305. requires the preparation of an preparing an EA in accordance with 40 (b) Accepted with modification. If an environmental impact statement under CFR 1501.4(e) and 1506.5(a), provided EA identifies potentially significant § 900.405; or that the Commission makes its own environmental impacts, the proposal evaluation of the environmental issues (2) The nature of the proposed action may be modified to eliminate such is one without precedent. and takes responsibility for the scope impacts. Proposals so modified may be and content of the EA in accordance accepted if the proposed changes are § 900.306 Proposals normally requiring an with 40 CFR 1506.5(b). evaluated in an EA and a FONSI is EA. (c) The Commission may use an prepared in accordance with § 900.305. Proposals that normally require environmental document that, upon In addition to the requirements set forth preparation of an EA include the independent evaluation, is found not to in § 900.305, the FONSI shall list any following: comply with the requirements of an EA, mitigation measures necessary to make (a) Initial field demonstration of a if the document is incorporated by the recommended alternative new technology; and reference in accordance with 40 CFR environmentally acceptable and (b) Field trials of a new product or 1502.21 and is augmented as necessary describe applicable monitoring and new uses of an existing technology. to meet the requirements of an EA or an enforcement measures intended to EIS. ensure the implementation of the Subpart D—Environmental Impact (d) If an EA is adopted or mitigation measures. Statements (c) Rejected. A proposal should be incorporated by reference under this § 900.401 Notice of Intent and Scoping. section, the Commission shall prepare a rejected if significant and unavoidable notice of availability and proposed adverse environmental impacts would (a) The Commission shall publish a FONSI; or, if the EA results in the still exist after modifications have been NOI, as described in 40 CFR 1508.22, in decision to do an EIS, the Commission made to the proposal and an EIS is not the Federal Register as soon as shall prepare a notice of intent (NOI). In prepared. practicable after a decision is made to either case, the FONSI or NOI shall be (d) Prepare an EIS. A proposal shall prepare an EIS, in accordance with 40 prepared in accordance with this part require an EIS, prepared in accordance CFR 1501.7. If there will be a lengthy and shall acknowledge the origin of the with subpart D to this part, if the EA period of time between the EA, and the Commission shall make its indicates significant environmental Commission’s decision to prepare an own evaluation of the environmental impacts. EIS and its actual preparation, the issues and take full responsibility for Commission may defer publication of § 900.305 Findings of no significant the NOI until a reasonable time before the scope and content of the EA in impact. accordance with 40 CFR 1506.5(b). preparing the EIS, provided that the (a) Definition. Finding of no Commission allows a reasonable (e) The Commission may adopt a significant impact (FONSI) means a opportunity for interested parties to programmatic EA prepared by another document by the Commission briefly participate in the EIS process. Through agency consistent with § 900.207(c). presenting the reasons why an action, the NOI, the Commission shall invite § 900.303 Public involvement. not otherwise excluded as provided in comments and suggestions on the scope § 900.204, will not have a significant of the EIS. (a) Commission approval is required impact on the human environment and before an EA is made available to the (b) Publication of the NOI in the for which an EIS will not be prepared. Federal Register shall begin the public public and the notice of availability is (b) Applicant responsibility. The published. scoping process. The public scoping applicant shall assist the Commission process for a Commission EIS shall (b) The public shall be provided with preparing the EA. The Commission allow a minimum of 30 days for the notice of the availability of EAs and remains responsible for compiling the receipt of public comments. draft FONSIs in accordance with 40 CFR public hearing summary or minutes, 1506.6 and § 900.108(a) by the where applicable; and copies of any § 900.402 Preparation and filing of draft Approving Official. The Approving written comments received and and final EISs. Official is responsible for making the EA responses thereto. (a) General. Except for proposals for available for public inspection and will (c) Content. A FONSI shall include legislation as provided for in 40 CFR provide hard copies on request to the the EA or a summary of it and shall note 1506.8, EISs shall be prepared in two affected units of Alaska Native/ any other environmental documents stages and may be supplemented. American Indian tribal organizations related to it (40 CFR 1501.7(a)(5)). If the (b) Format. The EIS format and/or local government. assessment is included, the finding need recommended by 40 CFR 1502.10 shall (c) EAs and draft FONSIs will be not repeat any of the discussion in the be used unless a determination is made available for public comment for not assessment but may incorporate it by on a particular project that there is a less than 15 calendar days but may be reference. compelling reason to do otherwise. In

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such a case, the EIS format must meet shall, under the direction of the (e) Implementation of the proposal the minimum requirements prescribed approving official, provide assistance. may directly cause or induce changes in 40 CFR 1502.10, as further described (d) An NOI to prepare a supplement that significantly: in 40 CFR 1502.11 through 1502.18. to a final EIS will be published in those (1) Displace population; (c) Applicant role. The draft or final cases where a ROD has already been (2) Alter the character of existing EIS shall be prepared by the issued. residential areas; or Commission with assistance from the (3) Adversely affect a floodplain. § 900.404 Adoption. applicant under appropriate guidance Appendix A to Part 900—Categorical and direction from the Approving (a) The Commission may adopt a draft Exclusions Official. or final EIS or portion thereof (see 40 (d) Third-party consultants. A third- CFR 1506.3), including a programmatic A. General Categorical Exclusions party consultant selected by the EIS, prepared by another agency. Actions consistent with any of the Commission or in cooperation with a (b) If the actions covered by the following categories are, in the absence of original EIS and the proposal are extraordinary circumstances, categorically cooperating agency may prepare the excluded from further analysis in an EA or draft or final EIS. substantially the same, the Commission EIS: (e) Commission responsibility. The shall recirculate it as a final statement. A1. Routine administrative and Commission shall provide guidance, Otherwise, the Commission shall treat management activities including, but not participate in the preparation, the statement as a draft and recirculate limited to, those activities related to independently evaluate, and take it except as provided in paragraph (c) of budgeting, finance, personnel actions, responsibility for the draft or final EIS. this section. procurement activities, compliance with (f) Filing. After a draft or final EIS has (c) Where the Commission is a applicable executive orders and procedures cooperating agency, it may adopt the for sustainable or ‘‘greened’’ procurement, been prepared, the Commission shall retaining legal counsel, public affairs file the draft or final EIS with the EIS of the lead agency without activities (e.g., issuing press releases, Environmental Protection Agency recirculating it when, after an newsletters and notices of funding (EPA). The EPA will publish a notice of independent review of the EIS, the availability), internal and external program availability in accordance with 40 CFR Commission concludes that its evaluation and monitoring (e.g., site visits), 1506.9 and 1506.10. comments and suggestions have been database development and maintenance, and (g) Draft to final EIS. When a final EIS satisfied. computer systems administration. (d) When the Commission adopts an A2. Routine activities that the Commission does not require substantial changes does to support its program partners and from the draft EIS, the Commission may EIS which is not final within the agency stakeholders, such as serving on task forces, document required changes in errata that prepared it, or when the action it ad hoc committees or representing sheets, insertion pages, and revised assesses is the subject of a referral under Commission interests in other forums. sections. The Commission will then 40 CFR part 1504, or when the EIS’s A3. Approving and issuing grants for circulate such changes together with adequacy is the subject of a judicial administrative overhead support. comments on the draft EIS, responses to action which is not final, the A4. Approving and issuing grants for social comments, and other appropriate Commission shall so specify. services, education and training programs, information as its final EIS. The including but not limited to support for Head § 900.405 Proposals normally requiring an Start, senior citizen programs, drug treatment Commission will not circulate the draft EIS. programs, and funding internships, except EIS again; however, the Commission The Approving Official shall assure for projects involving construction, will provide the draft EIS if requested. renovation, or changes in land use. (h) Record of decision. A record of that an EIS will be prepared and issued A5. Approving and issuing grants for decision (ROD) will be prepared in for proposals when it is determined that facility planning and design. accordance with 40 CFR 1505.2. any of the following conditions exist: A6. Nondestructive data collection, (a) The proposal may significantly inventory, study, research, and monitoring § 900.403 Supplemental EIS. affect the pattern and type of land use activities (e.g., field, aerial and satellite (a) Supplements to either draft or final (industrial, commercial, agricultural, surveying and mapping). EISs shall be prepared, as prescribed in recreational, residential) or the growth A7. Research, planning grants and and distribution of population; technical assistance projects that are not 40 CFR 1502.9, when substantial reasonably expected to commit the federal changes are proposed in a project that (b) The use or effects of any structure government to a course of action, to result in are relevant to environmental concerns; or facility constructed or operated under legislative proposals, or to result in direct or when there are significant new the proposal may conflict with federal, development. circumstances or information relevant to tribal, state, regional or local land use A8. Acquisition and installation of environmental concerns and bearing on plans or policies; equipment including, but not limited to, the proposed action or its impacts. (c) The proposal may have significant EMS, emergency and non-expendable (b) Where action remains to be taken adverse effects on special aquatic sites medical equipment (e.g., digital imaging and the EIS is more than a year old, the (defined under Section 404 of the Clean devices and dental equipment), and communications equipment (e.g., computer Commission will review the EIS to Water Act), including indirect and upgrades). determine whether it is adequate or cumulative effects, or any major part of requires supplementation. a structure or facility constructed or B. Program Categorical Exclusions (c) The Commission shall prepare, operated under the proposal may be Actions consistent with any of the circulate and file a supplement to an EIS located in special aquatic sites; following categories are, in the absence of in the same fashion (exclusive of (d) The proposal may likely adversely extraordinary circumstances, categorically scoping) as a draft and final EIS. In affect species protected under the excluded from further analysis and documentation in an EA or EIS upon addition, the supplement and Endangered Species Act or their completion of the Denali Commission accompanying administrative record habitats, such as when a structure or a CATEX checklist: shall be included in the administrative facility constructed or operated under B1. Upgrade, repair, maintenance, record for the proposal. When an the proposal may be located in the replacement, or minor renovations and applicant is involved, the applicant habitat; additions to buildings, roads, harbors and

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other maritime facilities, grounds, DEPARTMENT OF THE INTERIOR into the United States of exotic bird equipment, and other facilities, including but species to ensure that their wild not limited to, roof replacement, foundation Fish and Wildlife Service populations are not harmed by repair, ADA access ramp and door international trade. It also encourages improvements, weatherization and energy 50 CFR Part 23 wild bird conservation programs in efficiency related improvements, HVAC [Docket No. FWS–HQ–IA–2015–0035; countries of origin by ensuring that all renovations, painting, floor system 96300–1671–0000–R4] imports of such species are biologically replacement, repaving parking lots and sustainable and not detrimental to the ground maintenance, that do not result in a RIN 1018–AH89 survival of the species. change in the functional use of the real property. Wild Bird Conservation Act; Blue- Previous Federal Actions B2. Engineering studies and investigations Fronted Amazon Parrots From On November 16, 1993, we published that do not permanently change the Argentina’s Sustainable-Use a final rule in the Federal Register (58 environment. Management Plan FR 60524) that implemented the B3. Construction or lease of new AGENCY: Fish and Wildlife Service, prohibitions stipulated in the WBCA infrastructure including, but not limited to, Interior. and provided permit requirements and health care facilities, community buildings, procedures for some allowed ACTION: Proposed rule; withdrawal. housing, and bulk fuel storage and power exemptions. In that rule, we informed generation plants, where such lease or SUMMARY: We, the U.S. Fish and the public that imports of all CITES- construction: Wildlife Service (Service, or we), listed birds (as defined in the rule) were (a) Is at the site of existing infrastructure withdraw a 2003 proposed rule to prohibited, except for (a) species and capacity is not substantially increased; or approve a sustainable-use management included in an approved list; (b) (b) Is for infrastructure of less than 12,000 plan developed by the Management specimens for which an import permit square feet of useable space when less than Authority of Argentina for blue-fronted has been issued; (c) species from two aces of surface land area are involved at amazon parrots (Amazona aestiva), countries that have approved a new site. under the Wild Bird Conservation Act of sustainable-use management plans for B4. Construction or modification of electric 1992. We are taking this action because those species; or (d) specimens from power stations or interconnection facilities Argentina has withdrawn their approved foreign captive-breeding (including, but not limited to, switching application. As a result, we will no facilities. Criteria for approval of stations and support facilities). longer consider allowing importation of sustainable-use management plans are B5. Construction of electric powerlines in title 50 of the Code of Federal approximately ten miles in length or less, or this species from Argentina under this plan. Regulations at 50 CFR 15.32. approximately 20 miles in length or less Argentina petitioned the Service to within previously disturbed or developed DATES: This document is withdrawn as allow the import into the United States powerline or pipeline rights-of-way. of December 21, 2015. of blue-fronted amazon parrots B6. Upgrading or rebuilding approximately FOR FURTHER INFORMATION CONTACT: (Amazona aestiva) removed from the twenty miles in length or less of existing Craig Hoover, Chief, Division of wild in Argentina under an approved electric powerlines, which may involve Management Authority, U.S. Fish and sustainable-use management plan. minor relocations of small segments or the Wildlife Service Headquarters, MS: IA; Consequently, on August 10, 2000, we powerlines. 5275 Leesburg Pike, Falls Church, VA published a notice of receipt of B7. Demolition, disposal, or improvements 22041–3803; telephone 703–358–2095; application for approval in the Federal involving buildings or structures when done facsimile 703–358–2298. If you use a Register (65 FR 49007) that announced in accordance with applicable regulations, telecommunications device for the deaf the receipt of a petition from the CITES including those regulations applying to (TDD), call the Federal Information Management Authority of Argentina, removal of asbestos, polychlorinated Relay Service (FIRS) at 800–877–8339. Direccio´n de Fauna and Flora Silvestre, biphenyls (PCBs), and other hazardous SUPPLEMENTARY INFORMATION: for approval of a sustainable-use materials. management plan for the blue-fronted B8. Project or program actions for which Background amazon parrot in Argentina. On January applicable environmental documentation has The Convention on International 8, 2003, we published a notice in the been prepared previously, by either the Trade in Endangered Species of Wild Federal Register (68 FR 1066) Commission or another federal agency, and Fauna and Flora (CITES) is an announcing the availability of a draft environmental circumstances have not international treaty designed to regulate environmental assessment of the subsequently changed. international trade in certain animal and addition of blue-fronted amazon parrots Dated: December 10, 2015. plant species that are now, or may from a sustainable-use management Joel Neimeyer, become, threatened with extinction. plan in Argentina to the approved list of Federal Co-Chair. These species are listed in the non-captive-bred birds under the Appendices to CITES, which are WBCA. [FR Doc. 2015–31701 Filed 12–18–15; 8:45 am] available on the CITES Secretariat’s Web Later that year, on August 6, 2003, we BILLING CODE P site at http://www.cites.org/eng/app/ published a proposed rule in the appendices.php. Currently 180 Federal Register (68 FR 46559) to countries and the European Union have approve a sustainable-use management ratified, accepted, approved, or acceded plan developed by the CITES to CITES; these 181 entities are known Management Authority of Argentina for as Parties. The U.S. Fish and Wildlife blue-fronted amazon parrots under the Service has been delegated authority to WBCA. The proposed rule would add carry out U.S. responsibilities under blue-fronted amazon parrots from CITES. Argentina’s program to the approved list The Wild Bird Conservation Act of of non-captive-bred (wild-caught) 1992 (WBCA) limits or prohibits import species contained at 50 CFR 15.33(b).

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The public comment period on the Reason for Withdrawal of Proposed Argentina (Ministry of the Environment proposed rule was open for 60 days. Rule of Sustainable Development), therefore, On March 29, 2005, we published a We reviewed the public comments we are withdrawing our proposed rule notice in the Federal Register (70 FR received during the open comment of August 6, 2003 (68 FR 46559). 15798) reopening the comment period periods for the notice and the proposed Author on the proposed rule for 30 days to enter rule and new information that became into the record Dr. Jorge Rabinovich’s available after the publication of the The primary author of this document 2004 study, ‘‘Modeling the Sustainable proposed rule. We also reevaluated is Clifton A. Horton, Division of Use of the Blue-Fronted Parrot information in our files, our proposed Management Authority, U.S. Fish and (Amazona aestiva) in the Dry Chaco rule, and Argentina’s request, in Wildlife Service (see FOR FURTHER accordance with our approval criteria in INFORMATION CONTACT Region of Argentina,’’ and to accept ). 50 CFR 15.32. As a result, we comments related to the relationship of determined that it was unlikely that we Authority this study to the proposed addition of would be able to make a positive finding The authority for this action is the blue-fronted amazon parrots from for the sustainable-use management Argentina’s program to the approved list Endangered Species Act of 1973, as plan developed by Argentina for blue- amended (16 U.S.C. 1531 et seq.). of non-captive-bred (wild-caught) fronted amazon parrots under the species under the WBCA. On May 24, WBCA. Subsequently, Argentina Dated: December 9, 2015. 2005, we published a notice in the determined that the best course of Stephen Guertin, Federal Register (70 FR 29711) action would be to withdraw their Acting Director, U.S. Fish and Wildlife reopening the comment period for an application. Argentina withdrew its Service. additional 45 days. application by letter (undated) from the [FR Doc. 2015–32054 Filed 12–18–15; 8:45 am] CITES Management Authority of BILLING CODE 4333–15–P

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Notices Federal Register Vol. 80, No. 244

Monday, December 21, 2015

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: ACTION: Notice of meeting. contains documents other than rules or Lynn Wright, RAC Coordinator, by proposed rules that are applicable to the phone at 707–441–3562 or via email at SUMMARY: The Del Norte County public. Notices of hearings and investigations, [email protected]. Resource Advisory Committee (RAC) committee meetings, agency decisions and Individuals who use will meet in Crescent City, California. rulings, delegations of authority, filing of telecommunication devices for the deaf The committee is authorized under the petitions and applications and agency Secure Rural Schools and Community statements of organization and functions are (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 Self-Determination Act (the Act) and examples of documents appearing in this operates in compliance with the Federal section. between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday Advisory Committee Act. The purpose of the committee is to improve through Friday. DEPARTMENT OF AGRICULTURE collaborative relationships and to SUPPLEMENTARY INFORMATION: The provide advice and recommendations to purpose of the meeting is to: the Forest Service concerning projects Forest Service • Provide updates regarding status of and funding consistent with title II of Del Norte County Resource Advisory Secure Rural Schools Title II program the Act. Additional RAC information, Committee and funding; and including the meeting agenda and the • Review and potentially recommend meeting summary/minutes can be found AGENCY: Forest Service, USDA. projects eligible for funding. at the following Web site: http://www.fs. ACTION: Notice of meeting. The meeting is open to the public. usda.gov/main/srnf/workingtogether/ The agenda will include time for people SUMMARY: advisorycommittee. The Del Norte County to make oral statements of three minutes Resource Advisory Committee (RAC) DATES: The meeting will be held January or less. Individuals wishing to make an 14, 2016, at 6:00 p.m. will meet in Crescent City, California. oral statement should request in writing The committee is authorized under the All RAC meetings are subject to by January 4, 2016 to be scheduled on Secure Rural Schools and Community cancellation. For status of meeting prior the agenda. Anyone who would like to Self-Determination Act (the Act) and to attendance, please contact the person bring related matters to the attention of operates in compliance with the Federal listed under FOR FURTHER INFORMATION the committee may file written Advisory Committee Act. The purpose CONTACT. statements with the committee staff of the committee is to improve before or after the meeting. Written ADDRESSES: The meeting will be held at collaborative relationships and to comments and requests for time to make the Del Norte County Unified School provide advice and recommendations to oral comments must be sent to Lynn District, Redwood Room, 301 West the Forest Service concerning projects Wright, RAC Coordinator, Six Rivers NF Washington Boulevard, Crescent City, and funding consistent with title II of Office, 1330 Bayshore Way, Eureka, CA. California. the Act. Additional RAC information, 95501; by email to [email protected], Written comments may be submitted including the meeting agenda and the SUPPLEMENTARY or via facsimile to 707–445–8677. as described under meeting summary/minutes can be found INFORMATION. All comments, including Meeting Accommodations: If you are at the following Web site: http://www.fs. names and addresses when provided, a person requiring reasonable usda.gov/main/srnf/workingtogether/ are placed in the record and are accommodation, please make requests advisorycommittee. available for public inspection and in advance for sign language DATES: copying. The public may inspect The meeting will be held January interpreting, assistive listening devices comments received at Six Rivers 7, 2016, at 6:00 p.m. or other reasonable accommodation for All RAC meetings are subject to National Forest (NF) Office. Please call access to the facility or proceedings by cancellation. For status of meeting prior ahead to facilitate entry into the contacting the person listed in the to attendance, please contact the person building. section titled FOR FURTHER INFORMATION listed under FOR FURTHER INFORMATION CONTACT. All reasonable FOR FURTHER INFORMATION CONTACT: CONTACT. accommodation requests are managed Lynn Wright, RAC Coordinator, by ADDRESSES: The meeting will be held at on a case by case basis. phone at 707–441–3562 or via email at the Del Norte County Unified School [email protected]. Dated: December 14, 2015. District, Redwood Room, 301 West Individuals who use Washington Boulevard, Crescent City, Merv George Jr., telecommunication devices for the deaf California. Forest Supervisor. (TDD) may call the Federal Information Written comments may be submitted [FR Doc. 2015–32040 Filed 12–18–15; 8:45 am] Relay Service (FIRS) at 1–800–877–8339 as described under SUPPLEMENTARY BILLING CODE 3411–15–P between 8:00 a.m. and 8:00 p.m., INFORMATION. All comments, including Eastern Standard Time, Monday names and addresses when provided, through Friday. DEPARTMENT OF AGRICULTURE are placed in the record and are SUPPLEMENTARY INFORMATION: The available for public inspection and Forest Service purpose of the meeting is to: copying. The public may inspect • Provide updates regarding status of comments received at Six Rivers Del Norte County Resource Advisory Secure Rural Schools Title II program National Forest (NF) Office. Please call Committee and funding; and ahead to facilitate entry into the • Review and recommend potential building. AGENCY: Forest Service, USDA. projects eligible for funding.

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The meeting is open to the public. existing forest plan will remain in effect integrity from invasive species and The agenda will include time for people until the revised forest plan takes effect. pollution sources (e.g. the Exxon Valdez to make oral statements of three minutes DATES: Comments concerning the oil spill). Revised plan components are or less. Individuals wishing to make an proposed action provided in this notice needed that focus on maintaining or oral statement should request in writing will be most useful in the development restoring aquatic and terrestrial by January 7, 2016 to be scheduled on of the proposed revised forest plan and ecosystems to provide for species the agenda. Anyone who would like to draft EIS if received by February 17, diversity including threatened and bring related matters to the attention of 2016. The agency expects to release the endangered species, species of the committee may file written proposed revised forest plan and draft conservation concern, and species of statements with the committee staff EIS for formal comment by summer public interest. Additionally, updates before or after the meeting. Written 2016 and a final EIS and draft record of and modifications to management comments and requests for time to make decision by April 2017. direction are needed to address oral comments must be sent to Lynn ADDRESSES: Comments may be sent in suitability of certain areas for particular Wright, RAC Coordinator, Six Rivers NF one of the following ways: (1) Via the uses, address access and sustainable Office, 1330 Bayshore Way, Eureka, CA. Forest Plan Revision Web page at http:// recreation, provide for the management 95501; by email to [email protected], go.usa.gov/cBWvQ or (2) send or deliver of existing and anticipated uses, as well or via facsimile to 707–445–8677. written comments to the Chugach as protect resources. During the plan Meeting Accommodations: If you are National Forest’s Supervisor’s Office, revision process, the 2012 Planning a person requiring reasonable Attn: Forest Plan Revision, 161 East 1st Rule requires the Forest Service to accommodation, please make requests Street, Door 8, Anchorage, AK 99501. undertake processes to identify and in advance for sign language evaluate existing and new designated FOR FURTHER INFORMATION CONTACT: interpreting, assistive listening devices areas including lands that may be Mary C. Rasmussen, Forest Plan suitable for inclusion in the National or other reasonable accommodation for Revision Team Leader, at access to the facility or proceedings by Wilderness Preservation System and [email protected] or (907) 743– eligible rivers for inclusion in the contacting the person listed in the 9500. Individuals who use section titled FOR FURTHER INFORMATION National Wild and Scenic Rivers telecommunication devices for the deaf System. CONTACT. All reasonable (TDD) may call the Federal Information accommodation requests are managed Relay Service (FIRS) at 1–800–877–8339 Proposed Action on a case by case basis. between 8 a.m. and 8 p.m., Eastern The Forest Service is preparing the Dated: December 14, 2015. Time, Monday through Friday. Chugach National Forest revised land Merv George Jr., SUPPLEMENTARY INFORMATION: management plan. The detailed Forest Supervisor. proposed action is available on the Purpose and Need for Action [FR Doc. 2015–32041 Filed 12–18–15; 8:45 am] Forest’s Web site at: http://go.usa.gov/ BILLING CODE 3411–15–P Several areas where changes are cBWvQ. The proposed action describes needed in the Chugach Forest Plan the strategic intent of managing the surfaced from the requirements of the Forest for the next 10 to 15 years and DEPARTMENT OF AGRICULTURE 2012 Planning Rule for the National provides management direction in the Forest System, findings from the form of goals, desired conditions, Forest Service development of the Assessment of the objectives, standards, and guidelines. It Chugach National Forest (a precursor Revision of the Land Management Plan identifies management areas and document in the planning process that geographic areas across the Forest and for the Chugach National Forest, identified and evaluated the existing Alaska estimates the timber sale program condition across the forest landscape), quantity. The proposed action describes AGENCY: Forest Service, USDA. changes in conditions and demands the plan area’s distinctive roles and ACTION: Notice of intent to prepare an since the 2002 forest plan, and public contributions within the broader environmental impact statement. concerns to date. landscape, identifies watersheds that are The 2012 Planning Rule, which a priority for maintenance or SUMMARY: As directed by the National became effective May 9, 2012, requires restoration, and identifies the suitability Forest Management Act (NFMA), the inclusion of plan components that of national forest lands to support a USDA Forest Service is preparing the address social and economic variety of proposed and possible actions Chugach National Forest’s revised land sustainability, ecosystem services, and that may occur on the plan area over the management plan (forest plan), which multiple uses integrated with the plan life of the plan. The proposed action requires preparation of an components for ecological sustainability also identifies a monitoring program. environmental impact statement (EIS). and species diversity. Social and The proposed action includes plan Publication of this notice marks the economic management direction is components to maintain or restore initiation of the public scoping period needed to provide people and ecological conditions that contribute to for the proposed action. This notice communities with a range of social and maintaining viable populations of dusky briefly describes the nature of the economic benefits for present and future Canada goose (Branta canadensis decision to be made, the proposed generations. To meet the Planning occidentalis), a species of conservation action, and information concerning Rule’s requirement to provide for concern identified for the Chugach public participation. It also provides ecological sustainability, management National Forest by the Regional estimated dates for filing the EIS, the direction is needed that addresses Forester. name and address of the responsible ecosystem diversity (including key agency official, and the individuals who ecosystem characteristics and their Nature and Scope of Decision To Be can provide additional information. The integrity), in light of changes in climate, Made revised forest plan will supersede the federal subsistence regulations, land As the forest plan is revised, the existing forest plan that was approved ownership and recreational use responsible official will use the National by the Regional Forester in 2002. The patterns, and threats to ecosystem Environmental Policy Act (NEPA)

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process to develop alternatives to the Scoping Process engagement. Eighteen additional public proposed action and decide which This notice of intent initiates the meetings and workshops were held in alternative best promotes the ecological scoping process, which guides the local communities in 2013. In addition integrity and sustainability of the development of the EIS. Written to these efforts, the Forest Service also Chugach National Forest’s ecosystems, comments received in response to this conducted a series of targeted outreach watersheds, and diverse plant and notice will be analyzed to further efforts to federally recognized Alaska animal communities. In addition, the develop the proposed revised forest Native Tribes and Corporations, youth, new audiences, permittees, and responsible official will decide if the plan and identify potential significant neighboring landowners, including the plan provides sufficient management issues. Significant issues will, in turn, State of Alaska, to capture stakeholder guidance to contribute to social and form the basis for developing input for the assessment. economic sustainability, and to provide alternatives to the proposed action. people and communities with A public comment period with nine It is important that reviewers provide accompanying ‘‘open house’’ meetings ecosystem services and multiple uses their comments such that they are including a range of social, economic, was held in spring 2015 following useful to the agency’s preparation of the publication of the following documents: and ecological benefits for the present EIS. Comments on the proposed action and into the future. Preliminary Need to Change Report; will be most valuable if received within Draft Wilderness Inventory and The responsible official will also 60 days of the publication of this notice Evaluation Report; Wild, Scenic and determine whether to make new and should clearly articulate the Recreational Rivers Evaluation Report; recommendations for Wilderness and reviewer’s opinions and concerns. and a spring 2015 Plan Revision other designated areas. Comments received in response to newsletter. The revised forest plan will provide this solicitation, including names and The public engagement strategy for strategic direction and a framework for addresses of those who comment, will early 2016 will focus on issue decision making during the life of the become part of the public record. identification and alternative plan, but it will not make site-specific Comments submitted anonymously will development. Engagement tools include: project decisions and will not dictate be accepted and considered; however, Keeping the Plan Revision Web page day-to-day administrative activities anonymous comments will not provide updated; notifying mailing list needed to carry on the Forest Service’s the Agency with the ability to provide subscribers and interested parties when internal operations. The authorization of the respondent with subsequent information is available; and soliciting project-level activities will be based on environmental documents. See the invitations to stakeholder meetings to the direction contained in the revised section below concerning the objection present additional forest plan revision forest plan, but will occur through process and the requirements for filing information. Additional comment subsequent project specific decision an objection. periods and public meetings will be making, including NEPA analysis. While we are interested in all scheduled to coincide with the comments related to the proposed The revised forest plan will provide availability of the revised forest plan action, the Forest Service is particularly broad, strategic guidance designed to and draft environmental impact interested in receiving comments about supplement, not replace, overarching statement expected in July 2016. which if any areas of the Chugach laws and regulations. Though strategic National Forest should be included in Decision Will Be Subject to Objection guidance will be provided, no decisions the analysis of wilderness character. The decision to approve the revised will be made regarding the management The areas analyzed will form the basis forest plan for the Chugach National of individual roads or trails, such as for recommendations for future Forest will be subject to the objection those that might be associated with a Wilderness designation. process identified in 36 CFR 219 travel management plan under 36 CFR Subpart B (219.50 to 219.62). According part 212. Some issues, although Public Participation in the Planning to 36 CFR 219.53(a), those who may file important, are beyond the authority or Process an objection are individuals and entities control of a forest plan and will not be Beginning in March 2012, the Forest who have submitted substantive formal addressed during this revision process. Service began to lay the foundation to comments related to plan revision For example, the revision process engage the public about the forest plan during the opportunities provided for cannot be used to modify inventoried revision process. The public and public comment during the planning roadless area boundaries established by stakeholders were informed through process. the Roadless Area Conservation Rule. press releases, letters and Web-based Documents Available for Review Responsible Official information, and the Forest Service partnered with the University of Alaska The detailed proposed action text The responsible official who will Anchorage (UAA) to hold 10 describing preliminary desired approve the Record of Decision is Terri community workshops in the spring of conditions, objectives, standards, Marceron, Forest Supervisor for the 2012. Additionally, an online guidelines, and other plan content; the Chugach National Forest, 161 East 1st participatory mapping interface (Talking 2015 Need for Change; the 2014 Avenue, Door 8, Anchorage, AK 99501. Points) was available for the public to Assessment; other documents that support the proposed action; and Applicable Planning Rule use from April to November 2012. On January 31, 2013, the Forest information from previous public Preparation of the revised forest plan Service issued a news release meetings are posted on the Chugach for the Chugach National Forest began announcing the beginning of the first National Forest’s Web site at: http:// with the publication of a Notice of phase of the planning process. On go.usa.gov/cBWvQ. The material Initiation in the Federal Register on July February 7, 2013, a legal notice was available on this site may be revised or 9, 2014 [79 FR 38852] and was initiated published in the Anchorage Daily News updated at any time as part of the under the planning procedures announcing the beginning of the planning process. contained in the 2012 Forest Service assessment phase of the plan revision Authority: 16 U.S.C. 1600–1614; 36 CFR planning rule (36 CFR 219 (2012)). and upcoming opportunities for public part 219 [77 FR 21162–21276].

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Dated: December 14, 2015. Department published the Amended K4P2O7. The CAS registry number for Alicia King, Final AD Order on salts from the PRC.2 TKPP is 7320–34–5. TKPP is typically Acting Forest Supervisor. On June 1, 2015, the Department 18.7% phosphorus and 47.3% [FR Doc. 2015–32043 Filed 12–18–15; 8:45 am] published the notice of initiation of the potassium. It is generally greater than or BILLING CODE 3411–15–P first five-year (‘‘sunset’’) review of the equal to 43.0% P2O5 content. TKPP is AD order and CVD order on salts from classified under heading 2835.39.1000, the PRC pursuant to section 751(c) of HTSUS. the Tariff Act of 1930, as amended (the DEPARTMENT OF COMMERCE DKP, also known as Dipotassium salt, ‘‘Act’’).3 As a result of its reviews, the Dipotassium hydrogen orthophosphate Department determined that revocation International Trade Administration or Potassium phosphate, dibasic, has a of the AD order on salts from the PRC [A–570–962, C–570–963] would likely lead to a continuation or chemical formula of K2HPO4. The CAS recurrence of dumping and that registry number for DKP is 7758–11–4. Certain Potassium Phosphate Salts revocation of the CVD order on salts DKP is typically 17.8% phosphorus, From the People’s Republic of China: from the PRC would likely lead to a 44.8% potassium and 40% P2O5 Continuation of Antidumping Duty continuation or recurrence of a content. DKP is classified under heading Order and Countervailing Duty Order countervailable subsidy. Therefore, the 2835.24.0000, HTSUS. AGENCY: Enforcement and Compliance, Department notified the ITC of the The products covered by this order International Trade Administration, magnitude of the margins likely to include the foregoing phosphate salts in Department of Commerce. prevail should the AD order be all grades, whether food grade or 4 SUMMARY: As a result of the revoked and the net countervailable technical grade. The products covered determinations by the Department of subsidy rates likely to prevail should by this order also include anhydrous 5 Commerce (‘‘Department’’) and the the CVD order be revoked. On DKP without regard to the physical International Trade Commission (‘‘ITC’’) December 10, 2015, the ITC published form, whether crushed, granule, powder that revocation of the antidumping duty its determination, pursuant to section or fines. Also covered are all forms of (‘‘AD’’) order on certain potassium 751(c) of the Act, that revocation of the TKPP, whether crushed, granule, phosphate salts (‘‘salts’’) from the AD order and the CVD order on salts powder, fines or solution. from the PRC would likely lead to a People’s Republic of China (‘‘PRC’’) For purposes of the order, the continuation or recurrence of material would likely lead to a continuation or narrative description is dispositive, and injury to an industry in the United recurrence of dumping and material not the tariff heading, American injury to an industry in the United States within a reasonably foreseeable time.6 Chemical Society, CAS registry number States, the Department is publishing a or CAS name, or the specific percentage notice of continuation of the Scope of the Order chemical composition identified above. antidumping duty order. As a result of The phosphate salts covered by the Continuation of the Order the determinations by the Department scope of the order include anhydrous and the ITC that revocation of the Dipotassium Phosphate (DKP) and As a result of the determinations by countervailing duty (‘‘CVD’’) order on Tetrapotassium Pyrophosphate (TKPP), the Department and the ITC that salts from the PRC would likely lead to whether anhydrous or in solution revocation of the AD order would likely a continuation or recurrence of a (collectively ‘‘phosphate salts’’). lead to a continuation or recurrence of countervailable subsidy and material TKPP, also known as normal dumping and that revocation of the CVD injury to an industry in the United potassium pyrophosphate, order would likely lead to continuation States, the Department is publishing a Diphosphoric acid or Tetrapotassium or recurrence of a countervailable notice of continuation of the CVD order. salt, is a potassium salt with the formula subsidy and material injury to an DATES: Effective Date: December 21, industry in the United States, pursuant 2015. 1, 2010) (‘‘Final AD Determination’’); see also to section 751(d)(2) of the Act, the Certain Potassium Phosphate Salts From the FOR FURTHER INFORMATION: Ryan Mullen, People’s Republic of China: Final Affirmative Department hereby orders the AD/CVD Operations, Office V (AD Countervailing Duty Determination and continuation of the AD and CVD orders Order), or Jacky Arrowsmith, AD/CVD Termination of Critical Circumstances Inquiry, 75 on salts from the PRC. U.S. Customs and Operations, Office VII (CVD Order), FR 30375 (June 1, 2010) (‘‘Final CVD Determination’’). Border Protection will continue to Enforcement and Compliance, 2 See Certain Potassium Phosphate Salts From the collect AD and CVD cash deposits at the International Trade Administration, People’s Republic of China: Amended Final rates in effect at the time of entry for all U.S. Department of Commerce, 14th Determination of Sales at Less Than Fair Value and imports of subject merchandise. Antidumping Duty Order, 75 FR 42683 (July 22, Street and Constitution Avenue NW., The effective date of the continuation Washington, DC 20230; telephone: (202) 2010) (‘‘Amended Final AD Order’’). 3 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 of the AD and CVD orders will be the 482–5260 or (202) 482–5255, FR 31012 (June 1, 2015). date of publication in the Federal respectively. 4 See Certain Potassium Phosphate Salts from the Register of this notice of continuation. People’s Republic of China: Final Results of SUPPLEMENTARY INFORMATION: Expedited First Sunset Review of the Antidumping Pursuant to section 751(c)(2) of the Act, Background Duty Order, 80 FR 60122 (October 5, 2015) and the Department intends to initiate the accompanying Issues and Decision Memorandum. next sunset review of the AD order and On June 1, 2010, the Department 5 See Potassium Phosphate Salts from the CVD order not later than 30 days prior published its Final AD Determination People’s Republic of China: Final Results of Expedited First Sunset Review of the Countervailing to the fifth anniversary of the effective and Final CVD Determination on salts Duty Order, 80 FR 60121 (October 5, 2015) and date of continuation. These sunset 1 from the PRC. On July 22, 2010, the accompanying Issues and Decision Memorandum. reviews and this notice are in 6 See Potassium Phosphate Salts from China, 80 accordance with section 751(c) of the 1 See Certain Potassium Phosphate Salts From the FR 76708 (December 10, 2015); Potassium Act and published pursuant to section People’s Republic of China: Final Determination of Phosphate Salts from China (Inv. Nos. 701–TA–473 Sales at Less Than Fair Value and Termination of and 731–TA–1173 (Review), USITC Publication 777(i)(1) of the Act and 19 CFR Critical Circumstances Inquiry, 75 FR 30377 (June 4584, December 2015). 351.218(f)(4).

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Dated: December 15, 2015. SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE Paul Piquado, Background: The Council advises the International Trade Administration Assistant Secretary for Enforcement and Secretary of Commerce on matters Compliance. relating to the U.S. manufacturing [A–570–849, A–821–808, A–823–808] [FR Doc. 2015–32020 Filed 12–18–15; 8:45 am] industry. BILLING CODE 3510–DS–P Continuation of Antidumping Duty Public Participation: The meeting will Order on Certain Cut-to-Length Carbon be open to the public and will be Steel Plate From the People’s Republic DEPARTMENT OF COMMERCE accessible to people with disabilities. of China and Continuation of All guests are required to register in Suspended Antidumping Duty International Trade Administration advance by the deadline identified Investigations on Certain Cut-to- under the DATES caption. Requests for Meeting of the United States Length Carbon Steel Plate From the Manufacturing Council auxiliary aids must be submitted by the Russian Federation and Ukraine registration deadline. Last minute AGENCY: AGENCY: International Trade requests will be accepted, but may be Enforcement and Compliance, International Trade Administration, Administration, U.S. Department of impossible to fill. There will be fifteen Department of Commerce. Commerce. (15) minutes allotted for oral comments SUMMARY: ACTION: Notice of an open meeting. from members of the public joining the As a result of the respective determinations by the Department of call. To accommodate as many speakers SUMMARY: The United States Commerce (‘‘the Department’’) and the as possible, the time for public Manufacturing Council (Council) will International Trade Commission (‘‘ITC’’) comments may be limited to three (3) hold an open meeting via teleconference that revocation of the antidumping duty on Wednesday, January 20, 2016. The minutes per person. Individuals wishing order on certain cut-to-length carbon Council was established in April 2004 to reserve speaking time during the steel plate (‘‘CTL plate’’) from the to advise the Secretary of Commerce on meeting must submit a request at the People’s Republic of China (‘‘PRC’’), and matters relating to the U.S. time of registration, as well as the name the termination of the suspension manufacturing industry. The purpose of and address of the proposed speaker. If agreements and the underlying the meeting is for Council members to the number of registrants requesting to antidumping duty investigations on CTL review and deliberate on a make statements is greater than can be plate from the Russian Federation recommendation by the Innovation, reasonably accommodated during the (‘‘Russia’’) and Ukraine (collectively, Research and Development meeting, the International Trade ‘‘the Agreements’’), would likely lead to Subcommittee focused on the National Administration may conduct a lottery to continuation or recurrence of dumping Network for Manufacturing Innovation determine the speakers. Speakers are and material injury to an industry in the Institutes for Manufacturing Innovation. requested to submit a written copy of United States, the Department is The final agenda will be posted on the their prepared remarks by 5:00 p.m. on publishing this notice of continuation of Department of Commerce Web site for January 11, 2016, for inclusion in the the antidumping duty order on CTL the Council at http://www.trade.gov/ meeting records and for circulation to plate from the PRC and continuation of manufacturingcouncil/, at least one the members of the U.S. Manufacturing the Agreements on CTL plate from week in advance of the meeting. Council. Russia and Ukraine. DATES: Wednesday, January 20, 2016, DATES: In addition, any member of the public Effective Date: December 21, 12:00 p.m.–1:00 p.m. The deadline for 2015. members of the public to register, may submit pertinent written comments FOR FURTHER INFORMATION CONTACT: including requests to make comments concerning the Council’s affairs at any Howard Smith (PRC), David Cordell during the meeting and for auxiliary time before or after the meeting. (Russia) or Julie Santoboni (Ukraine), aids, or to submit written comments for Comments may be submitted to Archana Enforcement and Compliance, dissemination prior to the meeting, is 5 Sahgal at the contact information International Trade Administration, p.m. EST on January 11, 2016. indicated above. To be considered U.S. Department of Commerce, 14th ADDRESSES: The meeting will be held by during the meeting, comments must be received no later than 5:00 p.m. EST on Street and Constitution Avenue NW., conference call. The call-in number and Washington, DC 20230; telephone (202) January 11, 2016, to ensure transmission passcode will be provided by email to 482–5193, (202) 482–0408 or (202) 482– to the Board prior to the meeting. registrants. Requests to register 3063, respectively. (including to speak or for auxiliary aids) Comments received after that date and SUPPLEMENTARY INFORMATION: and any written comments should be time will be distributed to the members submitted to: U.S. Manufacturing but may not be considered on the call. Background Council, U.S. Department of Commerce, Copies of Council meeting minutes will The Department initiated, and the ITC Room 4043, 1401 Constitution Avenue be available within 90 days of the instituted, sunset reviews of the NW., Washington, DC 20230; email: meeting. antidumping duty order on CTL plate [email protected]. Members of Dated: December 11, 2015. from the PRC and the Agreements on the public are encouraged to submit Tricia Van Orden, CTL plate from Russia and Ukraine, registration requests and written pursuant to section 751(c) of the Tariff Office of Advisory Committees and Industry comments via email to ensure timely Act of 1930, as amended (‘‘the Act’’). receipt. Outreach, International Trade Administration. See Initiation of Five-year (‘‘Sunset’’) FOR FURTHER INFORMATION CONTACT: Reviews, 79 FR 59216 (October 1, 2014) [FR Doc. 2015–31945 Filed 12–18–15; 8:45 am] Archana Sahgal, U.S. Manufacturing and Cut-To-Length Carbon Steel Plate Council, Room 4043, 1401 Constitution BILLING CODE 3510–DR–P From China, Russia, and Ukraine: Avenue NW., Washington, DC 20230, Notice of Commission Determinations to telephone: 202–482–4501, email: Conduct Full Five-Year Reviews, 80 FR [email protected]. 2443 (January 16, 2015).

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As a result of its reviews, pursuant to twice the thickness. Included as subject DEPARTMENT OF COMMERCE sections 751(c) and 752 of the Act, the merchandise in this order and these Department determined that revocation Agreements are flat-rolled products of International Trade Administration of the antidumping duty order on CTL nonrectangular cross- section where plate from the PRC and termination of such cross-section is achieved Application(s) for Duty-Free Entry of the Agreements on CTL plate from subsequent to the rolling process (i.e., Scientific Instruments Russia and Ukraine would likely lead to products which have been ‘‘worked Pursuant to Section 6(c) of the a continuation or recurrence of dumping after rolling’’)—for example, products Educational, Scientific and Cultural and notified the ITC of the magnitude of which have been bevelled or rounded at Materials Importation Act of 1966 (Pub. the margins likely to prevail, should the the edges. This merchandise is currently L. 89–651, as amended by Pub. L. 106– order and the Agreements be revoked or classified in the Harmonized Tariff 36; 80 Stat. 897; 15 CFR part 301), we terminated, respectively. See Certain Schedule of the United States invite comments on the question of Cut-to-Length Carbon Steel Plate From (‘‘HTSUS’’) under item numbers whether instruments of equivalent the People’s Republic of China: Final 7208.40.3030, 7208.40.3060, scientific value, for the purposes for Results of the Expedited Third Sunset 7208.51.0030, 7208.51.0045, which the instruments shown below are Review of the Antidumping Duty Order, 7208.51.0060, 7208.52.0000, intended to be used, are being 80 FR 6051 (February 4, 2015), Certain 7208.53.0000, 7208.90.0000, manufactured in the United States. Cut-to-Length Carbon Steel Plate from 7210.70.3000, 7210.90.9000, Comments must comply with 15 CFR the Russian Federation and Ukraine; 7211.13.0000, 7211.14.0030, 301.5(a)(3) and (4) of the regulations and Final Results of the Expedited Third 7211.14.0045, 7211.90.0000, be postmarked on or before (Insert date Sunset Reviews of the Suspension 7212.40.1000, 7212.40.5000, 20 days after publication in the Federal Agreements, 80 FR 6052 (February 4, 7212.50.0000. Excluded from the subject Register). Address written comments to 2015). merchandise within the scope of this Statutory Import Programs Staff, Room On December 9, 2015, pursuant to order and these Agreements is grade X– 3720, U.S. Department of Commerce, section 751(c) of the Act, the ITC 70 plate. Although the HTSUS Washington, DC 20230. Applications determined that revocation of the subheadings are provided for may be examined between 8:30 a.m. and antidumping duty order on CTL plate convenience and customs purposes, our 5:00 p.m. at the U.S. Department of from the PRC and termination of the written description of the scope of the Commerce in Room 3720. Agreements on CTL plate from Russia order and the Agreements is dispositive. Docket Number: 15–048. Applicant: and Ukraine would be likely to lead to Continuation Battelle/Pacific Northwest National continuation or recurrence of material Laboratory, 790 6th Street, Richland, injury to an industry in the United As a result of the respective WA 99352. Instrument: Electron States within a reasonably foreseeable determinations by the Department and Microscope. Manufacturer: FEI, Co., time. See Cut-to-Length Carbon Steel the ITC that revocation of the Czech Republic. Intended Use: The Plate From China, Russia, and Ukraine, antidumping duty order on CTL plate instrument will be used to study 80 FR 76575 (December 9, 2015). from the PRC and termination of the radioactive ceramic and metallic Therefore, pursuant to section Agreements on CTL plate from Russia 351.218(f)(4) of the Department’s materials including irradiated fuel-type and Ukraine would likely lead to materials. Justification for Duty-Free regulations, the Department is continuation or recurrence of dumping publishing this notice of the Entry: There are no instruments of the and material injury to an industry in the same general category manufactured in continuation of the antidumping duty United States, pursuant to section order on CTL plate from the PRC and the United States. Application accepted 751(d)(2) of the Act, the Department by Commissioner of Customs: October continuation of the Agreements on CTL hereby gives notice of the continuation plate from Russia and Ukraine. 30, 2015. of the antidumping duty order on CTL Docket Number: 15–050. Applicant: Scope plate from the PRC and the continuation Rutgers University, 89 French Street, of the Agreements on CTL plate from The products covered under the New Brunswick, NJ 08901. Instrument: Russia and Ukraine. The effective dates antidumping duty order and the Junior Micromanipulator unit with of continuation will be the date of Agreements are hot-rolled iron and non- remote control system, shifting table alloy steel universal mill plates (i.e., publication in the Federal Register of and chamber unit parts. Manufacturer: flat-rolled products rolled on four faces this Continuation Notice. Pursuant to Luigs & Neumann, Germany. Intended or in a closed box pass, of a width sections 751(c)(2) and 751(c)(6) of the Use: The instrument will be used to exceeding 150 mm but not exceeding Act, the Department intends to initiate simultaneously measure the 1250 mm and of a thickness of not less the next five-year sunset reviews of the microscopic electric signals generated than 4 mm, not in coils and without antidumping duty order on CTL plate from neurons, specifically the patch- patterns in relief), of rectangular shape, from the PRC and the Agreements on clamp whole cell recordings from neither clad, plated nor coated with CTL plate from Russia and Ukraine not neurons, to identify specific alterations metal, whether or not painted, later than November 2019. in synaptic transmission that leads to These five-year (sunset) reviews and varnished, or coated with plastics or neuropsychiatric or neurological notice are in accordance with section other nonmetallic substances; and disorders. The instrument is a highly 751(c) of the Act and published certain iron and non-alloy steel flat- flexible, highly precise system, offering pursuant to section 777(i)(1) of the Act rolled products not in coils, of the highest mechanical resolution and and 19 CFR 351.218(f)(4). rectangular shape, hot-rolled, neither smoothest movement because of its clad, plated, nor coated with metal, Dated: December 15, 2015. patented spindle nut system, which whether or not painted, varnished, or Paul Piquado, guarantees a unique and extraordinary coated with plastics or other Assistant Secretary for Enforcement and stability for long term recordings. The nonmetallic substances, 4.75 mm or Compliance. step motor is decoupled preventing a more in thickness and of a width which [FR Doc. 2015–32022 Filed 12–18–15; 8:45 am] thermal bridge from the motor to the exceeds 150 mm and measures at least BILLING CODE 3510–DS–P machine and also prevents vibration

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during movement. The experiments 20, 2016; and 8:30 a.m.–5 p.m., 5. Develop a prioritized list of citizen require high precision equipment to Thursday, January 21, 2016. science project candidates, and precisely determine the measurement of ADDRESSES: The meeting will be held at identify 2–5 high priority projects voltage in the mV range and current in the Town and Country Inn, 2008 that could be implemented within 1 the pA range. Justification for Duty-Free Savannah Highway, Charleston, SC year of the workshop. Entry: There are no instruments of the 29407; phone: (843) 571–1000. Discussion topics for consideration at same general category manufactured in Council address: South Atlantic this workshop: the United States. Application accepted Fishery Management Council, 4055 1. Introduction to citizen science. by Commissioner of Customs: October Faber Place Drive, Suite 201, N. 2. Selected citizen science case studies. 30, 2015. Charleston, SC 29405. 3. Identifying potential projects for the Docket Number: 15–053. Applicant: FOR FURTHER INFORMATION CONTACT: John South Atlantic. University of California at San Diego, Carmichael, Science and Statistics 4. Design requirements and attributes of 9500 Gilman Drive, MC 0651, GPL Program Manager, 4055 Faber Place successful projects. Building, Room H204, La Jolla, CA Drive, Suite 201, North Charleston, SC 5. Recommendations addressing 92093–0651. Instrument: Electron 29405; phone: (843) 571–4366 or toll workshop goals. Microscope. Manufacturer: FEI free (866) SAFMC–10; fax: (843) 769– Special Accommodations Company, the Netherlands. Intended 4520; email: john.carmichael@ Use: The instrument will be used to safmc.net. This meeting is accessible to people determine three-dimensional structures with disabilities. Requests for auxiliary of macromolecules to understand their SUPPLEMENTARY INFORMATION: Citizen aids should be directed to the SAFMC normal functions in the cell and thus science is a growing field in which office (see ADDRESSES) at least 10 how these functions are altered in trained members of the public business days prior to the meeting. collaborate and engage with scientists in disease states. Justification for Duty-Free Note: The times and sequence specified in Entry: There are no instruments of the the inquiry and discovery of new this agenda are subject to change. same general category manufactured in knowledge. Public participation in the United States. Application accepted scientific research advances science, Authority: 16 U.S.C. 1801 et seq. by Commissioner of Customs: November research, and policy and fosters an Dated: December 16, 2015. informed and engaged citizenship. The 2, 2015. Tracey L. Thompson, Council recognizes the desire of Dated: December 14, 2015. constituents to get involved and the Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Gregory W. Campbell, need to have a well-designed program Director of Subsidies Enforcement, and accompanying sampling protocols [FR Doc. 2015–31946 Filed 12–18–15; 8:45 am] Enforcement and Compliance. to ensure that information collected BILLING CODE 3510–22–P [FR Doc. 2015–31999 Filed 12–18–15; 8:45 am] through such efforts is useful. To meet BILLING CODE 3510–DS–P this growing need, the Council intends DEPARTMENT OF COMMERCE to develop a comprehensive Citizen Science Program. The first step in this DEPARTMENT OF COMMERCE National Oceanic and Atmospheric process is a workshop where interested Administration citizens, fisheries managers and National Oceanic and Atmospheric scientists, and citizen science RIN 0648–XE359 Administration practitioners will gather to develop Fisheries of the South Atlantic; recommendations for designing such a Southeast Data, Assessment, and RIN 0648–XE349 program. The product of this workshop Review (SEDAR); Public Meetings Fisheries of the South Atlantic; South will be a report to the Council Atlantic Fishery Management Council; addressing the workshop goals. The AGENCY: National Marine Fisheries Public Meeting Council provided the following goals for Service (NMFS), National Oceanic and the workshop: Atmospheric Administration (NOAA), AGENCY: National Marine Fisheries 1. Document and evaluate existing Commerce. Service (NMFS), National Oceanic and citizen science and cooperative ACTION: Notice of SEDAR 41 Assessment Atmospheric Administration (NOAA), research experiences; Webinar 4, 5 and 6. Commerce. 2. Identify existing funding ACTION: Workshop to discuss design opportunities; SUMMARY: The SEDAR 41 assessments of considerations for a potential citizen 3. Develop objectives for the South the South Atlantic stocks of red snapper science program. Atlantic Citizen Science Program; and gray triggerfish will consist of a 4. Develop a framework for achieving series of workshop and webinars: Data SUMMARY: The South Atlantic Fishery program objectives, considering: Workshops; an Assessment Workshop Management Council (Council) is (a) Research and monitoring activities and webinars; and a Review Workshop. considering developing a appropriate for citizen science; See SUPPLEMENTARY INFORMATION. comprehensive citizen science program. (b) Funded and unfunded DATES: SEDAR 41 Assessment Webinar This workshop will be convened to opportunities and avenues to support 4 will be held on Monday, January 11, consider program goals and design, and citizen science; 2016, from 9 a.m. until 1 p.m.; gather input from constituents and (c) The full range of data needs; Assessment Webinar 5 will be held on potential regional partners and (d) Potential web-based platforms; Wednesday, January 27, 2016, from 1 collaborators. See SUPPLEMENTARY (e) Outreach and education needs, p.m. until 5 p.m.; and Assessment INFORMATION. short and long term; and Webinar 6 will be held on Wednesday, DATES: The workshop will be held 1 (f) Governance, including ongoing February 17, 2016, from 1 p.m. until 5 p.m.–6 p.m., Tuesday, January 19, 2016; staff support, management, and p.m. 8:30 a.m.–6 p.m., Wednesday, January oversight ADDRESSES:

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Meeting address: The meetings will be Councils, Commissions, and state and to members of the public. Those held via webinar. Each webinar is open federal agencies. interested in participating should to members of the public. Those The items of discussion in the contact Julie A. Neer at SEDAR (see FOR interested in participating should Assessment webinar are as follows: FURTHER INFORMATION CONTACT) to contact Julia Byrd at SEDAR (see FOR Participants will discuss any request an invitation providing webinar FURTHER INFORMATION CONTACT) to remaining modeling issues from the access information. Please request request an invitation providing webinar Assessment Workshop. webinar invitations at least 24 hours in access information. Please request Although non-emergency issues not advance of each webinar. webinar invitations at least 24 hours in contained in this agenda may come SEDAR address: 4055 Faber Place advance of each webinar. before this group for discussion, those Drive, Suite 201, North Charleston, SC SEDAR address: South Atlantic issues may not be the subject of formal 29405. action during this meeting. Action will Fishery Management Council, 4055 FOR FURTHER INFORMATION CONTACT: Julie Faber Place Drive, Suite 201, N. be restricted to those issues specifically identified in this notice and any issues A. Neer, SEDAR Coordinator; phone: Charleston, SC 29405; (843) 571–4366; email: Julie.neer@ www.sedarweb.org. arising after publication of this notice that require emergency action under safmc.net. FOR FURTHER INFORMATION CONTACT: Julia section 305(c) of the Magnuson-Stevens SUPPLEMENTARY INFORMATION: The Gulf Byrd, SEDAR Coordinator, 4055 Faber Fishery Conservation and Management of Mexico, South Atlantic, and Place Drive, Suite 201, North Act, provided the public has been Caribbean Fishery Management Charleston, SC 29405; phone: (843) 571– notified of the intent to take final action Councils, in conjunction with NOAA 4366; email: [email protected]. to address the emergency. Fisheries and the Atlantic and Gulf SUPPLEMENTARY INFORMATION: The Gulf Special Accommodations States Marine Fisheries Commissions have implemented the Southeast Data, of Mexico, South Atlantic, and These meetings are accessible to Caribbean Fishery Management Assessment and Review (SEDAR) people with disabilities. Requests for process, a multi-step method for Councils, in conjunction with NOAA auxiliary aids should be directed to the Fisheries and the Atlantic and Gulf determining the status of fish stocks in SAFMC office (see ADDRESSES) at least the Southeast Region. SEDAR is a multi- States Marine Fisheries Commissions, 10 business days prior to the meeting. have implemented the Southeast Data, step process including: (1) Data/ Assessment and Review (SEDAR) Note: The times and sequence specified in Assessment Workshop, and (2) a series this agenda are subject to change. process, a multi-step method for of webinars. The product of the Data/ Assessment Workshop is a report which determining the status of fish stocks in Authority: 16 U.S.C. 1801 et seq. the Southeast Region. SEDAR is a three- compiles and evaluates potential Dated: December 16, 2015. step process including: (1) Data datasets and recommends which Workshop; (2) Assessment Process Tracey L. Thompson, datasets are appropriate for assessment utilizing webinars; and (3) Review Acting Deputy Director, Office of Sustainable analyses, and describes the fisheries, Workshop. The product of the Data Fisheries, National Marine Fisheries Service. evaluates the status of the stock, Workshop is a data report which [FR Doc. 2015–31947 Filed 12–18–15; 8:45 am] estimates biological benchmarks, compiles and evaluates potential BILLING CODE 3510–22–P projects future population conditions, datasets and recommends which and recommends research and datasets are appropriate for assessment monitoring needs. Participants for DEPARTMENT OF COMMERCE analyses. The product of the Assessment SEDAR Workshops are appointed by the Process is a stock assessment report Gulf of Mexico, South Atlantic, and National Oceanic and Atmospheric Caribbean Fishery Management which describes the fisheries, evaluates Administration the status of the stock, estimates Councils and NOAA Fisheries Southeast biological benchmarks, projects future RIN 0648–XE360 Regional Office, HMS Management population conditions, and recommends Division, and Southeast Fisheries Fisheries of the Caribbean; Southeast research and monitoring needs. The Science Center. Participants include Data, Assessment, and Review assessment is independently peer data collectors and database managers; (SEDAR); Public Meeting reviewed at the Review Workshop. The stock assessment scientists, biologists, product of the Review Workshop is a AGENCY: National Marine Fisheries and researchers; constituency Summary documenting panel opinions Service (NMFS), National Oceanic and representatives including fishermen, regarding the strengths and weaknesses Atmospheric Administration (NOAA), environmentalists, and NGO’s; of the stock assessment and input data. Commerce. International experts; and staff of Councils, Commissions, and state and Participants for SEDAR Workshops are ACTION: Notice of SEDAR 46 post- federal agencies. appointed by the Gulf of Mexico, South workshop webinar II for Caribbean Data- Atlantic, and Caribbean Fishery limited Species. The items of discussion in the Management Councils and NOAA Assessment Process webinars are as Fisheries Southeast Regional Office, SUMMARY: The SEDAR 46 assessment of follows: Highly Migratory Species Management the Caribbean Data-limited Species will 1. Using datasets and initial Division, and Southeast Fisheries consist of one in-person workshop and assessment analysis recommended from Science Center. Participants include: a series of webinars. See SUPPLEMENTARY the In-person Workshop, panelists will Data collectors and database managers; INFORMATION. employ assessment models to evaluate stock assessment scientists, biologists, DATES: The SEDAR 46 post-workshop stock status, estimate population and researchers; constituency webinar II will be held from 1 p.m. to benchmarks and management criteria, representatives including fishermen, 3 p.m. on January 11, 2016. and project future conditions. environmentalists, and non- ADDRESSES: 2. Participants will recommend the governmental organizations (NGOs); Meeting address: The meeting will be most appropriate methods and international experts; and staff of held via webinar. The webinar is open configurations for determining stock

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status and estimating population law enforcement information is Dated: December 2, 2015. parameters. considered when determining whether Aaron Siegel, Although non-emergency issues not to grant physical access to DoD facilities Alternate OSD Federal Register Liaison contained in this agenda may come and installations. Officer, Department of Defense. before this group for discussion, those DATES: Comments will be accepted on or DMDC 16 DoD issues may not be the subject of formal before January 20, 2016. This proposed action during this meeting. Action will action will be effective the date SYSTEM NAME: be restricted to those issues specifically following the end of the comment Interoperability Layer Service (IoLS) identified in this notice and any issues period unless comments are received (February 27, 2014, 79 FR 11091) arising after publication of this notice which result in a contrary that require emergency action under determination. CHANGES: section 305(c) of the Magnuson-Stevens * * * * * Fishery Conservation and Management ADDRESSES: You may submit comments, Act, provided the public has been identified by docket number and title, SYSTEM NAME: by any of the following methods: Delete entry and replace with notified of the intent to take final action • to address the emergency. Federal Rulemaking Portal: http:// ‘‘Identity Management Engine for www.regulations.gov. Security and Analysis (IMESA)’’ Special Accommodations Follow the instructions for submitting * * * * * These meetings are physically comments. • accessible to people with disabilities. Mail: Department of Defense, Office CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Requests for sign language of the Deputy Chief Management interpretation or other auxiliary aids Officer, Directorate of Oversight and Delete entry and replace with ‘‘Any should be directed to the Council office Compliance, Regulatory and Audit individual seeking access to a DoD (see ADDRESSES) at least 10 business Matters Office, 9010 Defense Pentagon, facility or installation, and all days prior to each workshop. Washington, DC 20301–9010. individuals with felony warrants listed Instructions: All submissions received in the Federal Bureau of Investigation’s Note: The times and sequence specified in must include the agency name and (FBI) National Crime Information this agenda are subject to change. docket number for this Federal Register Center’s (NCIC) Wanted Person File, all Authority: 16 U.S.C. 1801 et seq. document. The general policy for individuals maintained in the NCIC comments and other submissions from National Sex Offender Registry (NSOR) Dated: December 16, 2015. members of the public is to make these File and all individuals maintained in Tracey L. Thompson, submissions available for public the FBI’s Terrorist Screening Database Acting Deputy Director, Office of Sustainable viewing on the Internet at http:// (TSDB) records.’’ Fisheries, National Marine Fisheries Service. www.regulations.gov as they are CATEGORIES OF RECORDS IN THE SYSTEM: [FR Doc. 2015–31948 Filed 12–18–15; 8:45 am] received without change, including any BILLING CODE 3510–22–P personal identifiers or contact Delete entry and replace with information. ‘‘Information on individuals identified in the IMESA Interoperability Layer FOR FURTHER INFORMATION CONTACT: Ms. DEPARTMENT OF DEFENSE Service (IoLS) DoD Population Database: Cindy Allard, Chief, OSD/JS Privacy DoD ID number, Social Security Number Office of the Secretary Office, Freedom of Information (SSN), last name, date of birth, Directorate, Washington Headquarters credential type, issuance, and expiration [Docket ID: DoD–2015–OS–0116] Service, 1155 Defense Pentagon, information; and security alert Washington, DC 20301–1155, or by information (alert type, alert source, Privacy Act of 1974; System of phone at (571) 372–0461. Records case number). SUPPLEMENTARY INFORMATION: The Office Information on individuals identified AGENCY: Office of the Secretary of of the Secretary of Defense notices for in the IMESA IoLS Local Population Defense, DoD. systems of records subject to the Privacy Database: Full name; date of birth; SSN; ACTION: Notice to alter a System of Act of 1974 (5 U.S.C. 552a), as amended, Local Population identifier; foreign Records. have been published in the Federal national ID; gender; race; citizenship Register and are available from the information; contact information (e.g., SUMMARY: The Office of the Secretary of address in FOR FURTHER INFORMATION home or work mailing address, personal Defense proposes to alter a system of CONTACT or at the Defense Privacy and phone, work phone); physical features records, DMDC 16 DoD, entitled Civil Liberties Division Web site at (height, weight, eye color, hair color); ‘‘Interoperability Layer Service (IoLS)’’ http://dpcld.defense.gov/. biometrics (photograph and to evaluate individuals’ eligibility for The proposed system report, as fingerprints); credential type, issuance, access to DoD facilities or installations required by U.S.C. 552a(r) of the Privacy and expiration information; security and implement security standards Act of 1974, as amended, was submitted alert information (alert type, alert controlling entry to DoD facilities and on October 29, 2015, to the House source, case number); and secondary installations. This process includes Committee on Oversight and identification such as a driver’s license vetting to determine the fitness of an Government Reform, the Senate or passport. individual requesting or requiring Committee on Governmental Affairs, The following will be included for access, issuance of local access and the Office of Management and individuals about whom records are credentials for members of the public Budget (OMB) pursuant to paragraph 4c maintained in the FBI’s NCIC Wanted requesting access to DoD facilities and of Appendix I to OMB Circular No. A– Person File, FBI’s NCIC NSOR File, and installations, and managing and 130, ‘‘Federal Agency Responsibilities FBI’s TSDB records: Identity providing updated security and for Maintaining Records About information (to include alternate credential information on these Individuals,’’ dated February 8, 1996 identity information): SSN; full name; individuals. To ensure that identity and (February 20, 1996, 61 FR 6427). gender; race; ethnicity; address; place of

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birth; date of birth; citizenship; physical CONGRESSIONAL INQUIRIES DISCLOSURE ROUTINE SAFEGUARDS: features (height, weight, eye color, hair USE: Delete entry and replace with ‘‘Access color or other identifying Disclosure from a system of records to these records is role-based and is characteristics); vehicle/vessel license maintained by a DoD Component may limited to those individuals requiring information; want/warrant type, time, be made to a congressional office from access in the performance of their location, and case number of offense, the record of an individual in response official duties. Audit logs will be violation or incident; extradition to an inquiry from the congressional maintained to document access to data. limitations; incarceration information; office made at the request of that All data transfers and information employment information; vehicle, individual. retrievals using remote communication vessel, aircraft and/or train information; DISCLOSURE TO THE DEPARTMENT OF JUSTICE facilities are encrypted. Access to caution and medical condition FOR LITIGATION ROUTINE USE: individual records requires role-based indicators.’’ A record from a system of records access and use of a Common Access maintained by a DoD Component may Card (CAC) and PIN. Records are AUTHORITY FOR MAINTENANCE OF THE SYSTEM: be disclosed as a routine use to any maintained in encrypted databases in a Delete entry and replace with ‘‘10 component of the Department of Justice controlled area accessible only to U.S.C. 113, Secretary of Defense; DoD for the purpose of representing the authorized personnel. Entry to these Directive 1000.25, DoD Personnel Department of Defense, or any officer, areas is restricted by the use of locks, Identity Protection (PIP) Program; DoD employee or member of the Department guards, and administrative procedures. Instruction 5200.08, Security of DoD in pending or potential litigation to All individuals granted access to this Installations and Resources and the DoD which the record is pertinent. system of records are to receive Physical Security Review Board (PSRB); Information Assurance and Privacy Act DISCLOSURE OF INFORMATION TO THE NATIONAL training annually.’’ DoD 5200.08–R, Physical Security ARCHIVES AND RECORDS ADMINISTRATION Program; DoD Directive 5200.27, ROUTINE USE: RETENTION AND DISPOSAL: Acquisition of Information Concerning A record from a system of records Delete entry and replace with Persons and Organizations not Affiliated maintained by a DoD Component may ‘‘Records will be destroyed five (5) years with the Department of Defense be disclosed as a routine use to the after no access by all DoD Physical (Exception to policy memos); Directive- National Archives and Records Access Control Systems (PACS) Type Memorandum (DTM) 09–012, Administration for the purpose of associated to that individual OR after all Interim Policy Guidance for DoD records management inspections PACS have submitted a de-registration Physical Access Control; DTM 14–005, conducted under authority of 44 U.S.C. request for the individual.’’ DoD Identity Management Capability 2904 and 2906. * * * * * Enterprise Services Application [FR Doc. 2015–31867 Filed 12–18–15; 8:45 am] (IMESA) Access to FBI National Crime DATA BREACH REMEDIATION PURPOSES ROUTINE BILLING CODE 5001–06–P Information Center (NCIC) Files; and USE: E.O. 9397 (SSN), as amended.’’ A record from a system of records maintained by a Component may be * * * * * disclosed to appropriate agencies, DEPARTMENT OF DEFENSE entities, and persons when (1) The ROUTINE USES OF RECORDS MAINTAINED IN THE Office of the Secretary SYSTEM, INCLUDING CATEGORIES OF USERS AND Component suspects or has confirmed THE PURPOSES OF SUCH USES: that the security or confidentiality of the Defense Policy Board; Notice of information in the system of records has Federal Advisory Committee Meeting Delete entry and replace with ‘‘In been compromised; (2) the Component addition to those disclosures generally has determined that as a result of the AGENCY: Department of Defense, Office permitted under 5 U.S.C. 552a(b) of the suspected or confirmed compromise of the Under Secretary of Defense Privacy Act of 1974, as amended, the there is a risk of harm to economic or (Policy). records contained herein may property interests, identity theft or ACTION: Federal Advisory Committee specifically be disclosed outside the fraud, or harm to the security or Meeting Notice. DoD as a routine use pursuant to 5 integrity of this system or other systems SUMMARY: The Department of Defense U.S.C. 552a(b)(3) as follows: or programs (whether maintained by the (DoD) is publishing this notice to Component or another agency or entity) LAW ENFORCEMENT ROUTINE USE: announce the following Federal that rely upon the compromised advisory committee meeting of the information; and (3) the disclosure If a system of records maintained by Defense Policy Board (DPB). This made to such agencies, entities, and a DoD Component to carry out its meeting will be closed to the public. functions indicates a violation or persons is reasonably necessary to assist DATES: potential violation of law, whether civil, in connection with the Components Quarterly Meeting: Monday, criminal, or regulatory in nature, and efforts to respond to the suspected or January 11, 2016, from 8:30 a.m. to 5:00 whether arising by general statute or by confirmed compromise and prevent, p.m. and Tuesday, January 12, 2016, regulation, rule, or order issued minimize, or remedy such harm. from 7:00 a.m. to 10:00 a.m. pursuant thereto, the relevant records in The DoD Blanket Routine Uses set ADDRESSES: The Pentagon, 2000 Defense the system of records may be referred, forth at the beginning of the Office of Pentagon, Washington, DC 20301–2000. as a routine use, to the agency the Secretary of Defense (OSD) FOR FURTHER INFORMATION CONTACT: Ms. concerned, whether federal, state, local, compilation of systems of records Ann Hansen, 2000 Defense Pentagon, or foreign, charged with the notices may apply to this system. The Washington, DC 20301–2000. Phone: responsibility of investigating or complete list of DoD Blanket Routine (703) 571–9232. prosecuting such violation or charged Uses can be found online at: http:// SUPPLEMENTARY INFORMATION: This with enforcing or implementing the dpcld.defense.gov/Privacy/SORNs meeting is being held under the statute, rule, regulation, or order issued Index/BlanketRoutineUses.aspx provisions of the Federal Advisory pursuant thereto. * * * * * Committee Act (FACA) of 1972 (5

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U.S.C., Appendix, as amended), the question. The DFO will review all assess the impact of its information Government in the Sunshine Act of submitted written statements and collection requirements and minimize 1976 (5 U.S.C. 552b, as amended) (‘‘the provide copies to all committee the public’s reporting burden. It also Sunshine Act’’), and the Federal members. helps the public understand the Advisory Committee Management Act; Dated: December 16, 2015. Department’s information collection Final Rule 41 CFR parts 101–6 and 102– Aaron Siegel, requirements and provide the requested 3 (‘‘the FACA Final Rule’’). Alternate OSD Federal Register Liaison data in the desired format. ED is Purpose of Meeting: To obtain, review soliciting comments on the proposed and evaluate classified information Officer, Department of Defense. information collection request (ICR) that related to the DPB’s mission to advise [FR Doc. 2015–31985 Filed 12–18–15; 8:45 am] is described below. The Department of on: (a) Issues central to strategic DoD BILLING CODE 5001–06–P planning; (b) policy implications of U.S. Education is especially interested in force structure and force modernization public comment addressing the and on DoD’s ability to execute U.S. DEPARTMENT OF EDUCATION following issues: (1) Is this collection necessary to the proper functions of the defense strategy; (c) U.S. regional [Docket No.: ED–2015–ICCD–0143] defense policies; and (d) other research Department; (2) will this information be and analysis of topics raised by the Agency Information Collection processed and used in a timely manner; Secretary of Defense, the Deputy Activities; Comment Request; Health (3) is the estimate of burden accurate; Secretary or the Under Secretary of Education Assistance Loan (HEAL). (4) how might the Department enhance Defense for Policy. the quality, utility, and clarity of the Meeting Agenda: Beginning at 8:30 AGENCY: Federal Student Aid (FSA), information to be collected; and (5) how a.m. on January 11 through the end of Department of Education (ED). might the Department minimize the the meeting on January 12, the DPB will ACTION: Notice. burden of this collection on the have secret through top secret (SCI) respondents, including through the use SUMMARY: In accordance with the level discussions on national security of information technology. Please note Paperwork Reduction Act of 1995 (44 issues regarding Turkey. that written comments received in Meeting Accessibility: Pursuant to the U.S.C. chapter 3501 et seq.), ED is response to this notice will be Sunshine Act and the FACA Final Rule, proposing an extension of an existing considered public records. the Department of Defense has information collection. determined that this meeting shall be DATES: Interested persons are invited to Title of Collection: Health Education closed to the public. The Under submit comments on or before February Assistance Loan (HEAL). Secretary of Defense (Policy), in 19, 2016. OMB Control Number: 1845–0126. consultation with the DoD FACA ADDRESSES: To access and review all the Attorney, has determined in writing that Type of Review: An extension of an documents related to the information existing information collection. this meeting be closed to the public collection listed in this notice, please because the discussions fall under the use http://www.regulations.gov by Respondents/Affected Public: Private purview of section 552b(c)(1) of the searching the Docket ID number ED– Sector. Sunshine Act and are so inextricably 2015–ICCD–0143. Comments submitted Total Estimated Number of Annual intertwined with unclassified material in response to this notice should be Responses: 390. that they cannot reasonably be submitted electronically through the segregated into separate discussions Total Estimated Number of Annual Federal eRulemaking Portal at http:// Burden Hours: 205. without disclosing secret or higher www.regulations.gov by selecting the classified material. Docket ID number or via postal mail, Abstract: Section 525 of the Committee’s Designated Federal commercial delivery, or hand delivery. Consolidated Appropriations Act of Officer or Point of Contact: Ann Hansen, Please note that comments submitted by 2014 transferred the collection of HEAL osd.pentagon.ousd-policy.mbx.defense- fax or email and those submitted after program loans from the U.S. Department [email protected]. the comment period will not be of Health and Human Services (HHS) to Written Statements: Pursuant to 41 accepted. Written requests for the U.S. Department of Education CFR 102–3.105(j) and 102–3.140(c) and information or comments submitted by (Department). The pertinent information section 10(a)(3) of the FACA, the public postal mail or delivery should be collections were transferred from HHS or interested organizations may submit addressed to the Director of the to the Department and the forms were written statements to the membership of Information Collection Clearance updated with new contact information the DPB at any time regarding its Division, U.S. Department of Education, and numbers. This is a request for an mission or in response to the stated 400 Maryland Avenue SW., LBJ, Room extension of the information collection agenda of a planned meeting. Written 2E103, Washington, DC 20202–4537. for forms HEAL 502–1 and 502–2, HEAL statements should be submitted to the DPB’s Designated Federal Officer (DFO); FOR FURTHER INFORMATION CONTACT: For repayment schedules and form HEAL the DFO’s contact information is listed specific questions related to collection 512, Holder’s Report on HEAL program in this notice or it can be obtained from activities, please contact Beth loans. The forms 502–1 and 502–2 the GSA’s FACA Database—http://faca Grebeldinger, 202–377–4018. provide the borrowers with any updated database.gov/. SUPPLEMENTARY INFORMATION: The repayment schedule including the cost Written statements that do not pertain Department of Education (ED), in of the loan, number and amount of to a scheduled meeting of the DPB may accordance with the Paperwork payments with Truth-in-Lending be submitted at any time. However, if Reduction Act of 1995 (PRA) (44 U.S.C. disclosures. The form 512 is prepared individual comments pertain to a 3506(c)(2)(A)), provides the general quarterly and provides information on specific topic being discussed at a public and Federal agencies with an the status of outstanding loans such as planned meeting, then these statements opportunity to comment on proposed, the number of borrowers by stage of must be submitted no later than five revised, and continuing collections of loan life-cycle, repayment status and the business days prior to the meeting in information. This helps the Department corresponding dollars.

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Dated: December 16, 2015. addressing the language and cultural Note: The Department is not bound by any Kate Mullan, needs of Indian students. Such estimates in this notice. Acting Director, Information Collection programs include supporting the Project Period: 12 months. Clearance Division, Office of the Chief Privacy professional development of teachers of Officer, Office of Management. Indian students. III. Eligibility Information [FR Doc. 2015–31998 Filed 12–18–15; 8:45 am] In addition, under section 7116 of the 1. Eligible Applicants: Certain LEAs, BILLING CODE 4000–01–P Elementary and Secondary Education including charter schools authorized as Act of 1965, as amended (ESEA), the LEAs under State law, as prescribed by Secretary will, upon receipt of an section 7112(b) of the ESEA; certain DEPARTMENT OF EDUCATION acceptable plan for the integration of schools funded by the Bureau of Indian education and related services, and in Education of the U.S. Department of the Application for New Awards; Indian cooperation with other relevant Federal Interior, as prescribed by section Education Formula Grants to Local agencies, authorize the entity receiving 7113(d) of the ESEA; and Indian tribes Educational Agencies the funds under this program to under certain conditions, as prescribed AGENCY: Office of Elementary and consolidate all Federal formula funds by section 7112(c) of the ESEA. Secondary Education, Department of that are to be used exclusively for 2. a. Cost Sharing or Matching: This Education. Indian students. Instructions for program does not require cost sharing or ACTION: Notice. submitting an integration of education matching. and related services plan are included b. Supplement-Not-Supplant: This Overview Information: in the EASIE, which is described under program involves supplement-not- Indian Education Formula Grants to Application Process and Submission supplant funding requirements. Section Local Educational Agencies Information in section IV of this notice. 7114(c)(1) of the ESEA requires an LEA Notice inviting applications for new Note: Under the Formula Grants program, to use these grant funds only to awards for fiscal year (FY) 2016. applicants are required to develop the project supplement the funds that, in the Catalog of Federal Domestic Assistance for which an application is made: (a) In open absence of these Federal funds, such (CFDA) Number: 84.060A. consultation with parents and teachers of agency would make available for the Indian students and, if appropriate, Indian Dates: education of Indian children, and not to students from secondary schools, including supplant such funds. Part I of the Formula Grant Electronic through public hearings held to provide a full Application System for Indian opportunity to understand the program and IV. Application and Submission Education (EASIE) Applications to offer recommendations regarding the Information Available: January 25, 2016. program (section 7114(c)(3)(C) of the ESEA); Deadline for Transmittal of Part I (b) with the participation of a parent 1. How to Request an Application Applications: February 26, 2016. committee selected in accordance with Package: You can obtain a login and Part II of the Formula Grant EASIE section 7114(c)(4) of the ESEA; and (c) with password for the electronic application Applications Available: April 11, 2016. the written approval of that parent committee for grants under this program by Deadline for Transmittal of Part II (section 7114(c)(4) of the ESEA). contacting the EdFacts Partner Support Applications: May 13, 2016. Program Authority: 20 U.S.C. 7421 et Center listed under Agency Contacts in Note: Applicants must meet the deadlines seq. section VI of this notice. for both EASIE Part I and Part II to receive Applicable Regulations: (a) The Individuals with disabilities can a grant. Any application not meeting the Part Education Department General obtain a copy of the application package I and Part II deadlines will not be considered Administrative Regulations (EDGAR) in in an accessible format (e.g., braille, for funding. Failure to submit the required 34 CFR parts 75, 77, 79, 81, 82, 84, 97, large print, audiotape, or compact disc) supplemental documentation, described 98, and 99. (b) The Office of by contacting the EDFacts Partner under Content and Form of Application Management and Budget Guidelines to Support Center listed under Agency Submission in section IV of this notice, by Agencies on Governmentwide Contacts in section VI of this notice. the EASIE Parts I and II deadlines will result Debarment and Suspension in an incomplete application that will not be 2. Content and Form of Application considered for funding. The Office of Indian (Nonprocurement) in 2 CFR part 180, as Submission: Requirements concerning Education recommends uploading the adopted and amended as regulations of the content of an application, together documentation at least three days prior to the Department in 2 CFR part 3485. (c) with the forms you must submit, are in each closing date to ensure that any potential The Uniform Administrative EASIE. submission issues are resolved prior to the Requirements, Cost Principles, and a. Supplementary Documentation: deadlines. Audit Requirements for Federal Awards The EASIE application requires the in 2 CFR part 200, as adopted and electronic Portable Document Format I. Funding Opportunity Description amended as regulations of the (PDF) submission of the following Purpose of Program: The Indian Department in 2 CFR part 3474. supplementary documentation: Education Formula Grants to Local Note: The regulations in 34 CFR part 79 (i) In EASIE Part I, applicants that are Educational Agencies (Formula Grants) apply to all applicants except federally tribes must upload their verification of program provides grants to support local recognized Indian tribes. eligibility no later than the deadline for educational agencies (LEAs) and other transmittal of EASIE Part I, which is eligible entities described in this notice II. Award Information February 26, 2016. The details of the in reforming and improving elementary Type of Award: Formula grants. verification process, which is necessary and secondary school programs that Estimated Available Funds: to meet the statutory eligibility serve Indian students. The Department $100,381,000. requirements for tribes, are in the funds comprehensive programs that are Estimated Range of Awards: $4,000 to application package. Tribes may use the designed to help Indian students meet $3,144,787. sample agreement for Tribes Applying the same State academic content and Estimated Average Size of Awards: in Lieu of LEAs, which is available in student academic achievement $78,213. EASIE as a downloadable document, as standards used for all students while Estimated Number of Awards: 1,300. a guide.

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(ii) In EASIE Part I, an applicant that Deadline for Transmittal of Part I Other Submission Requirements in is the lead LEA for a consortium of Applications: February 26, 2016, 8:00:00 section IV of this notice. LEAs must upload a consortium p.m., Washington, DC time. We do not consider an application agreement that meets the requirements Part II of the Formula Grant EASIE that does not comply with the deadline of 34 CFR 75.128(b) no later than the Applications Available: April 11, 2016. requirements. Deadline for Transmittal of Part II deadline for transmittal of EASIE Part I, Individuals with disabilities who Applications: May 13, 2016, 8:00:00 which is February 26, 2016. The need an accommodation or auxiliary aid p.m., Washington, DC time. consortium may use the sample in connection with the application agreement, which is available in EASIE Part III Formula Grant EASIE Annual Performance Report (APR) Available: process should contact the person listed as a downloadable document, as a under FOR FURTHER INFORMATION guide. September 19, 2016. Deadline for Transmittal of Part III CONTACT in section VI of this notice. If (iii) In EASIE Part II, an applicant that APR: October 21, 2016, 8:00:00 p.m., the Department provides an is an LEA or consortia of LEAs must Washington, DC time. accommodation or auxiliary aid to an upload the Indian Parent Committee Applications and the APR for grants individual with a disability in Approval form no later than the under this program must be submitted connection with the application deadline for transmittal of EASIE Part II, electronically using EASIE. For process, the individual’s application which is May 13, 2016. The required information (including dates and times) remains subject to all other form is available in EASIE. about how to submit your application requirements and limitations in this 3. Submission Dates and Times: electronically, or in paper format by notice. Part I of the Formula Grant EASIE mail or hand delivery if you qualify for Below are tables summarizing the FY Applications Available: January 25, an exception to the electronic 2016 EASIE deadlines for Part I, Part II 2016. submission requirements, please refer to and Part III, the APR.

Entity type Requirement Open date Close/due date

All Applicants ...... EASIE Part I ...... Jan 25, 2016 ...... Feb 26, 2016, 8:00:00 p.m., Washington, DC time Tribe in Lieu of LEA(s) ...... Upload Tribes Applying in Lieu of Jan 25, 2016...... Feb 26, 2016, 8:00:00 p.m., LEAs Agreement. Washington, DC time LEA Consortium ...... Upload Consortium Agreement .... Jan 25, 2016 ...... Feb 26, 2016, 8:00:00 p.m., Washington, DC time

Applicants must meet the deadlines for Part I to be eligible to complete Part II of the application process.

Entity type Requirement Open date Close/due date

All Applicants ...... EASIE Part II ...... Apr 11, 2016 ...... May 13, 2016, 8:00:00 p.m., Washington, DC time All LEA (and Consortia) Applicants Upload Indian Parent Committee Apr 11, 2016...... May 13, 2016, 8:00:00 p.m., Approval Form. Washington, DC time

Grantees receiving grants in FY 2016 must also complete Part III, the APR.

Entity type Requirement Open date Close/due date

All Grantees ...... EASIE Part III ...... Sep 19, 2016 ...... Oct 21, 2016, 8:00:00 p.m., Washington, DC time

4. Intergovernmental Review: This a. Have a Data Universal Numbering awarded a grant, during the project program is not subject to Executive System (DUNS) number and a Taxpayer period. Order 12372 and the regulations in 34 Identification Number (TIN); You can obtain a DUNS number from CFR part 79. b. Register both your DUNS number Dun and Bradstreet at the following and TIN with the System for Award 5. Funding Restrictions: We reference Web site: http://fedgov.dnb.com/ Management (SAM) (formerly the additional regulations outlining funding webform. A DUNS number can be Central Contractor Registry), the created within one to two business days. restrictions under Applicable Government’s primary registrant Regulations in section I of this notice. database; If you are a corporate entity, agency, 6. Data Universal Numbering System c. Provide your DUNS number and institution, or organization, you can Number, Taxpayer Identification TIN on your application; and obtain a TIN from the Internal Revenue Number, and System for Award d. Maintain an active SAM Service. If you are an individual, you Management: To do business with the registration with current information can obtain a TIN from the Internal Department of Education, you must— while your application is under review Revenue Service or the Social Security by the Department and, if you are Administration. If you need a new TIN,

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please allow two to five weeks for your your verified Indian student count project objectives towards the goal of TIN to become active. totals. All applicants must submit a providing culturally responsive The SAM registration process can take current Indian student count for FY education for AI/AN students to meet approximately seven business days, but 2016. Applicants must use the Indian their academic needs and help them may take upwards of several weeks, Student Eligibility Certification Form meet State achievement standards and depending on the completeness and (ED 506 Form) to document eligible choose the data sources that will be accuracy of the data you enter into the Indian students; however Bureau of used to measure progress towards SAM database. Thus, if you think you Indian Education schools may use either meeting project objectives, and on might want to apply for Federal Indian School Equalization Program which you will report in the APR after financial assistance under a program (ISEP) count or ED 506 Form count to the grant year closes; and (3) submit a administered by the Department, please verify Indian student count. realistic program budget based on the allow sufficient time to obtain and Applicants that are either an LEA or estimated grant amount that the EASIE register your DUNS number and TIN. a tribe must document their Indian system calculates from the Indian We strongly recommend that you student counts by completing the student count you submitted in EASIE register early. following procedures: (1) The LEA or Part I. After the initial grant amounts are tribe must submit an ED 506 Form for determined, additional funds may Note: Once your SAM registration is active, it may be 24 to 48 hours before you can each Indian child included in the count; become available due to such access the information in, and submit an (2) all ED 506 Forms included in the circumstances as withdrawn application through, Grants.gov. count must be completed, signed, and applications or reduction in an dated by the parent, and be on file with applicant’s student count. An applicant If you are currently registered with the LEA or tribe; (3) the LEA or tribe whose award amount increases or SAM, you may not need to make any must maintain a copy of the student decreases more than $1,000 must submit changes. However, please make certain enrollment roster(s) covering the same a revised budget prior to receiving its that the TIN associated with your DUNS period of time indicated in the grant award but will not need to re- number is correct. Also note that you application as the ‘‘count period,’’ and certify its application. For an applicant will need to update your registration (4) each Indian child included in the that receives an increase or decrease in annually. This may take three or more count must be listed on the LEA’s its award of less than $1,000, there will business days. enrollment roster(s) for at least one day be no need for further action. For any Information about SAM is available at during the count period. applicant that receives notification of an www.SAM.gov. To further assist you Bureau of Indian Education schools increased award amount following with obtaining and registering your will be required to enter either their submission of its original budget, the DUNS number and TIN in SAM or ISEP count or ED 506 Form count as an applicant must allocate the increased updating your existing SAM account, Indian student count in Part I of the amount only to previously approved we have prepared a SAM.gov Tip Sheet, application. budget categories. which you can find at: http:// In Part I, applicants will indicate the In EASIE Part III, grantees must www2.ed.gov/fund/grant/apply/sam- time span for the project objectives and submit a performance report. More faqs.html. corresponding activities and services for information on annual performance 7. Other Submission Requirements: American Indian/Alaska Native (AI/AN) reporting is provided later in section V. Applications for grants under this students. Applicants can choose to set of this notice, titled Grant program must be submitted objectives that remain the same for up Administration Information under part electronically unless you qualify for an to four years in order to facilitate data 3. Reporting. exception to this requirement in collection and enhance long-term Registration for Formula Grant EASIE: accordance with the instructions in this planning. Grantees that have previously Current, former, and new applicants section. established multiyear project objectives interested in submitting an Indian a. Electronic Submission of will not have to re-enter information in Education Formula Grant EASIE Applications. EASIE Part II if they have no changes to application must register for Formula Applications for grants under the their project objectives, activities, or Grant EASIE. Entities are encouraged to Formula Grants program, CFDA number coordination of services. Grantees that register as soon as possible at the 84.060A, must be submitted previously established multiyear project registration Web site www.easie.org, to electronically using the EASIE objectives and would like to change the ensure that any potential registration application located in the EDFacts objectives, activities, or coordination of issues are resolved prior to the deadline System Portal at https://eden.ed.gov. services for FY 2016 will need to for the submission of an application. Applications submitted in paper indicate in Part I the duration of the Through this initial registration, an format will be rejected unless you new selections. entity activates or re-activates access to qualify for one of the exceptions to the In EASIE Part II, new applicants or EASIE and ensures that the correct electronic submission requirement applicants making changes to either the entity information (e.g., NCES or DUNS described later in this section under objectives, activities, or coordination of numbers) is pre-populated into the first Exception to Electronic Submission services must: (1) Identify, from a list of part of Formula Grant EASIE. Requirement, and follow the submission possible programs (e.g., ESEA title I), Registration at this Web site does not rules outlined therein. the programs in the school district that serve as the entity’s grant application. Electronic Application System for are currently coordinated with a title VII For assistance registering, contact the Indian Education (EASIE): EASIE is an project, or with which the school EDFacts Partner Support Center listed easy-to-use, electronic application district plans to coordinate during the under Agency Contacts in section VI of found in the EdFacts System Portal at project year, in accordance with the this notice. https://eden.ed.gov. statutory requirement to provide a Certification for Formula Grant The EASIE application is divided into comprehensive program that includes EASIE: The applicant’s authorized three parts. other Federal, State, and local funds; (2) representative, who must be authorized Part I, Student Count, provides the describe the coordination of services for by the applicant/able to legally bind the appropriate data-entry screens to submit AI/AN students and identify specific applicant, must certify Part I, Part II and

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Part III of EASIE. Only users with the You must show proof of mailing Under 2 CFR 3474.10, the Secretary may role type ‘‘managing user’’ or ‘‘certifying consisting of one of the following: impose special conditions and, in official user’’ in the EASIE system can (1) A legibly dated U.S. Postal Service appropriate circumstances, high-risk certify an application. The certification postmark. conditions on a grant if the applicant or process ensures that the information in (2) A legible mail receipt with the grantee is not financially stable; has a the application is true, reliable, and date of mailing stamped by the U.S. history of unsatisfactory performance; valid. An applicant that provides a false Postal Service. has a financial or other management statement in the application is subject to (3) A dated shipping label, invoice, or system that does not meet the standards penalties under the False Claims Act, 18 receipt from a commercial carrier. in 2 CFR part 200, subpart D; has not U.S.C. 1001. (4) Any other proof of mailing fulfilled the conditions of a prior grant; Exception to Electronic Submission acceptable to the Secretary of the U.S. or is otherwise not responsible. Requirement: You qualify for an Department of Education. 2. Administrative and National Policy exception to the electronic submission If you mail your application through Requirements: We identify requirement, and may submit your the U.S. Postal Service, we do not administrative and national policy application in paper format, if you are accept either of the following as proof requirements in the application package unable to submit an application through of mailing: and reference these and other the EASIE system because–– (1) A private metered postmark. requirements in the Applicable • You do not have access to the (2) A mail receipt that is not dated by Regulations section of this notice. We Internet; or the U.S. Postal Service. reference the regulations outlining the • You do not have the capacity to Note: The U.S. Postal Service does not terms and conditions of a grant in the upload documents to the EASIE system; uniformly provide a dated postmark. Before Applicable Regulations section of this and relying on this method, you should check notice. • with your local post office. 3. Reporting: (a) If you apply for a No later than two weeks before the grant under this program, you must We will not consider applications application deadline date for Part I (14 ensure that you have in place the postmarked after the application calendar days or, if the fourteenth necessary processes and systems to deadline date for Part I or Part II. calendar day before the application comply with the reporting requirements c. Submission of Paper Applications deadline date falls on a Federal holiday, in 2 CFR part 170 should you receive by Hand Delivery. the next business day following the funding. This does not apply if you have If you qualify for an exception to the Federal holiday), you mail or fax a an exception under 2 CFR 170.110(b). written statement to the Department, electronic submission requirement, you (b) You must submit a performance explaining which of the two grounds for (or a courier service) may deliver your report using the EDFacts System Portal an exception prevents you from using paper application to the Department by at https://eden.ed.gov, including the Internet to submit your application. hand. You must deliver the original and financial information, as directed by the If you mail your written statement to two copies of your application by hand, Secretary, within 90 days after the close the Department, it must be postmarked on or before the application deadline of the grant year. The performance no later than two weeks before the dates for both Part I and Part II, to the report is located within EASIE as Part application deadline date. If you fax Department at the following address: III. your written statement to the U.S. Department of Education, Office of (c) Under 34 CFR 75.250(b), the Department, we must receive the faxed Indian Education, Attention: CFDA Secretary may provide a grantee with statement no later than two weeks Number 84.060A, 400 Maryland Avenue additional funding for data collection before the application deadline date. SW., Room 3W115, Washington, DC analysis and reporting. In this case the Address and mail or fax your 20202–6335. Secretary establishes a data collection statement to: Bernard Garcia, U.S. The program office accepts hand period. Department of Education, Office of deliveries daily between 8:00 a.m. and 4. Performance Measures: The Indian Education, 400 Maryland 4:30:00 p.m., Washington, DC time, Secretary has established the following Avenue SW., Room 3W115, except Saturdays, Sundays, and Federal key performance measures for assessing Washington, DC 20202–6335. FAX: holidays. the effectiveness and efficiency of the (202) 205–0606. Note For Mail or Hand Delivery of Paper Formula Grants program: (1) The Your paper application must be Applications: If you mail or hand deliver percentage of AI/AN students in grades submitted in accordance with the mail your application to the Department— four and eight who score at or above the or hand delivery instructions described (1) You must indicate on the envelope basic level in reading on the National in this notice. and—if not provided by the Department— in Assessment of Educational Progress b. Submission of Paper Applications Item 11 of the SF 424 the CFDA number, (NAEP); (2) the percentage of AI/AN including suffix letter, if any, of the students in grades four and eight who by Mail. competition under which you are submitting If you qualify for an exception to the your application; and score at or above the basic level in electronic submission requirement, you (2) The program office will mail you a mathematics on the NAEP; (3) the may mail (through the U.S. Postal notification of receipt of your grant percentage of AI/AN students in grades Service or a commercial carrier) your application. If you do not receive this three through eight meeting State application to the Department. You notification within 15 business days from the performance standards by scoring at the must mail the original and two copies application deadline date, you should proficient or the advanced levels in of your application, on or before the contact the program office at (202) 260–3774. reading and mathematics on State application deadline dates for both Part assessments; (4) the difference between I and Part II, to the Department at the V. Grant Administration Information the percentage of AI/AN students in following address: U.S. Department of 1. Risk Assessment and Special grades three through eight at the Education, Office of Indian Education, Conditions: Consistent with 2 CFR proficient or advanced levels in reading Attention: CFDA Number 84.060A, 400 200.205, before awarding grants under and mathematics on State assessments Maryland Avenue SW., Room 3W115, this program the Department conducts a and the percentage of all students Washington, DC 20202–6335. review of the risks posed by applicants. scoring at those levels; (5) the

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percentage of AI/AN students who DEPARTMENT OF EDUCATION Education is especially interested in graduate from high school; and (6) the public comment addressing the [Docket No.: ED–2015–ICCD–0123] percentage of funds used by grantees following issues: (1) Is this collection prior to award close-out. Agency Information Collection necessary to the proper functions of the Department; (2) will this information be VI. Agency Contacts Activities; Submission to the Office of Management and Budget for Review processed and used in a timely manner; (3) is the estimate of burden accurate; FOR FURTHER INFORMATION CONTACT: For and Approval; Comment Request; Educational Quality Through (4) how might the Department enhance questions about the Formula Grants the quality, utility, and clarity of the program, contact Bernard Garcia, U.S. Innovative Partnerships (EQUIP) Experimental Sites Initiative information to be collected; and (5) how Department of Education, 400 Maryland might the Department minimize the Avenue SW., Room 3W115, AGENCY: Federal Student Aid (FSA), burden of this collection on the Washington, DC 20202–6335. Department of Education (ED). respondents, including through the use Telephone: (202)260–1454 or by email: ACTION: Notice. of information technology. Please note [email protected]. For questions that written comments received in about the EASIE application and SUMMARY: In accordance with the response to this notice will be uploading documentation, contact the Paperwork Reduction Act of 1995 (44 considered public records. EDFacts Partner Support Center, U.S.C. chapter 3501 et seq.), ED is Title of Collection: Educational telephone: 877–457–3336 (877–HLP– proposing a new information collection. Quality through Innovative Partnerships EDEN) or by email at: [email protected]. DATES: Interested persons are invited to (EQUIP) Experimental Sites Initiative. submit comments on or before January OMB Control Number: 1845—NEW. If you use a telecommunications 20, 2016. Type of Review: A new information device for the deaf or a text telephone, ADDRESSES: To access and review all the collection. call the EDFacts Partner Support Center, documents related to the information Respondents/Affected Public: Private toll free, at 1–888–403–3336 (888–403– collection listed in this notice, please Sector, State, Local and Tribal EDEN). use http://www.regulations.gov by Governments. VII. Other Information searching the Docket ID number ED– Total Estimated Number of Annual 2015–ICCD–0123. Comments submitted Responses: 20. Accessible Format: Individuals with in response to this notice should be Total Estimated Number of Annual disabilities can obtain this document submitted electronically through the Burden Hours: 1,500. and a copy of the application package in Federal eRulemaking Portal at http:// Abstract: The Department of an accessible format (e.g., braille, large www.regulations.gov by selecting the Education (the Department) is print, audiotape, or compact disc) by Docket ID number or via postal mail, requesting this new information contacting the EDFacts Partner Support commercial delivery, or hand delivery. collection package to provide for a Center listed under Agency Contacts in Please note that comments submitted by series of questions that are components of the selection process for a new section VI of this notice. fax or email and those submitted after the comment period will not be Federal Student Aid experimental site Electronic Access to This Document: accepted. Written requests for project. The Educational Quality The official version of this document is information or comments submitted by through Innovative Partnerships the document published in the Federal postal mail or delivery should be (EQUIP) project is being undertaken in Register. Free Internet access to the addressed to the Director of the order to advance the Department’s official edition of the Federal Register Information Collection Clearance understanding of how to best increase and the Code of Federal Regulations is Division, U.S. Department of Education, access to high quality innovative available via the Federal Digital System 400 Maryland Avenue SW., LBJ, Room programs in higher education. An at: www.gpo.gov/fdsys. At this site you 2E103, Washington, DC 20202–4537. invitation to participate and an can view this document, as well as other FOR FURTHER INFORMATION CONTACT: For explanation of this proposed documents of this Department specific questions related to collection experimental site was published published in the Federal Register in text activities, please contact Beth separately in the Federal Register. This or PDF. To use PDF you must have Grebeldinger, 202–377–4018. experimental site project is designed to explore ways to increase access for low- Adobe Acrobat Reader, which is SUPPLEMENTARY INFORMATION: The income students to high-quality available free at the site. Department of Education (ED), in innovate programs in higher education accordance with the Paperwork You may also access documents of the through the engagement of institutions Reduction Act of 1995 (PRA) (44 U.S.C. Department published in the Federal of higher education (IHEs) with non-IHE 3506(c)(2)(A)), provides the general Register by using the article search providers and quality assurance entities public and Federal agencies with an feature at: www.federalregister.gov. that can develop new quality assurance opportunity to comment on proposed, Specifically, through the advanced processes for student and taxpayer revised, and continuing collections of search feature at this site, you can limit protection. The data and information information. This helps the Department your search to documents published by collected can provide valuable guidance assess the impact of its information the Department. for the Department in determining collection requirements and minimize future policy in these areas. Dated: December 15, 2015. the public’s reporting burden. It also Ann Whalen, helps the public understand the Dated: December 16, 2015. Delegated the authority to perform the Department’s information collection Kate Mullan, functions and duties of Assistant Secretary requirements and provide the requested Acting Director, Information Collection for Elementary and Secondary Education. data in the desired format. ED is Clearance Division, Office of the Chief Privacy [FR Doc. 2015–32012 Filed 12–18–15; 8:45 am] soliciting comments on the proposed Officer, Office of Management. [FR Doc. 2015–31944 Filed 12–18–15; 8:45 am] BILLING CODE 4000–01–P information collection request (ICR) that is described below. The Department of BILLING CODE 4000–01–P

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DEPARTMENT OF EDUCATION is described below. The Department of DEPARTMENT OF ENERGY Education is especially interested in [Docket No.: ED–2015–ICCD–0122] [OE Docket No. EA–416] public comment addressing the Agency Information Collection following issues: (1) Is this collection Application To Export Electric Energy; Activities; Submission to the Office of necessary to the proper functions of the Consolidated Edison Energy, Inc. Management and Budget for Review Department; (2) will this information be and Approval; Comment Request; processed and used in a timely manner; AGENCY: Office of Electricity Delivery Student Assistance General (3) is the estimate of burden accurate; and Energy Reliability, DOE. Provisions—Non-Title IV Revenue (4) how might the Department enhance ACTION: Notice of application. Requirements (90/10) the quality, utility, and clarity of the SUMMARY: Consolidated Edison Energy, information to be collected; and (5) how AGENCY: Federal Student Aid (FSA), Inc. (Applicant or CEE) has applied for Department of Education (ED). might the Department minimize the authority to transmit electric energy burden of this collection on the ACTION: Notice. from the United States to Canada respondents, including through the use pursuant to section 202(e) of the Federal SUMMARY: In accordance with the of information technology. Please note Power Act. Paperwork Reduction Act of 1995 (44 that written comments received in DATES: Comments, protests, or motions U.S.C. chapter 3501 et seq.), ED is response to this notice will be to intervene must be submitted on or proposing an extension of an existing considered public records. before January 20, 2016. information collection. Title of Collection: Student Assistance ADDRESSES: Comments, protests, DATES: Interested persons are invited to General Provisions—Non-Title IV motions to intervene, or requests for submit comments on or before January Revenue Requirements (90/10). more information should be addressed 20, 2016. OMB Control Number: 1845–0096. to: Office of Electricity Delivery and ADDRESSES: To access and review all the Energy Reliability, Mail Code: OE–20, documents related to the information Type of Review: An extension of an U.S. Department of Energy, 1000 collection listed in this notice, please existing information collection. Independence Avenue SW., use http://www.regulations.gov by Respondents/Affected Public: State, Washington, DC 20585–0350. Because searching the Docket ID number ED– Local and Tribal Governments. of delays in handling conventional mail, 2015–ICCD–0122. Comments submitted Total Estimated Number of Annual it is recommended that documents be in response to this notice should be Responses: 3,360. transmitted by overnight mail, by submitted electronically through the electronic mail to Electricity.Exports@ Federal eRulemaking Portal at http:// Total Estimated Number of Annual hq.doe.gov, or by facsimile to 202–586– www.regulations.gov by selecting the Burden Hours: 5,040. 8008. Docket ID number or via postal mail, Abstract: As enacted by the Higher SUPPLEMENTARY INFORMATION: Exports of commercial delivery, or hand delivery. Education Opportunity Act (Pub. L. electricity from the United States to a Please note that comments submitted by 110–315), the regulations in 34 CFR foreign country are regulated by the fax or email and those submitted after 668.28 provide that a proprietary Department of Energy (DOE) pursuant to the comment period will not be institution must derive at least 10% of sections 301(b) and 402(f) of the accepted. Written requests for its annual revenue from sources other Department of Energy Organization Act information or comments submitted by than Title IV, HEA funds, sanctions for (42 U.S.C. 7151(b), 7172(f)) and require postal mail or delivery should be failing to meet this requirement, and authorization under section 202(e) of addressed to the Director of the the Federal Power Act (16 Information Collection Clearance otherwise implement the statute by (1) specifying a Net Present Value (NPV) U.S.C.§ 824a(e)). Division, U.S. Department of Education, On November 30, 2015, DOE received 400 Maryland Avenue SW., LBJ, Room formula used to establish the revenue for institutional loans, (2) providing an an application from CEE for authority to 2E103, Washington, DC 20202–4537. transmit electric energy from the United FOR FURTHER INFORMATION CONTACT: For administratively easier alternative to the NPV calculation, and (3) describing States to Canada as a power marketer for specific questions related to collection five years using existing international more fully the non-Title IV eligible activities, please contact Beth transmission facilities. programs from which revenue may be Grebeldinger, 202–377–4018. In its application, CEE states that it SUPPLEMENTARY INFORMATION: The counted for 90/10 purposes. The does not own or operate any electric Department of Education (ED), in regulations require an institution to generation or transmission facilities, accordance with the Paperwork disclose in a footnote to its audited and it does not have a franchised service Reduction Act of 1995 (PRA) (44 U.S.C. financial statements the amounts of area. The electric energy that CEE 3506(c)(2)(A)), provides the general Federal and non-Federal revenues, by proposes to export to Canada would be public and Federal agencies with an category, that it used in calculating its surplus energy purchased from third opportunity to comment on proposed, 90/10 ratio (see section 487(d) of the parties such as electric utilities and revised, and continuing collections of HEA). This is a request to extend the Federal power marketing agencies information. This helps the Department information collection that identifies the pursuant to voluntary agreements. The assess the impact of its information reporting burden for this regulation. existing international transmission collection requirements and minimize Dated: December 16, 2015. facilities to be utilized by CEE have the public’s reporting burden. It also previously been authorized by Kate Mullan, helps the public understand the Presidential permits issued pursuant to Department’s information collection Acting Director, Information Collection Executive Order 10485, as amended, requirements and provide the requested Clearance Division, Office of the Chief Privacy and are appropriate for open access data in the desired format. ED is Officer, Office of Management. transmission by third parties. soliciting comments on the proposed [FR Doc. 2015–31943 Filed 12–18–15; 8:45 am] Procedural Matters: Any person information collection request (ICR) that BILLING CODE 4000–01–P desiring to be heard in this proceeding

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should file a comment or protest to the SUMMARY: The Department of Energy Avenue SW., Washington, DC 20585 or application at the address provided (DOE) has submitted to the Office of by fax at 202–586–5234 or by email at above. Protests should be filed in Management and Budget (OMB) for [email protected]. accordance with Rule 211 of the Federal clearance, a proposal for collection of Energy Regulatory Commission’s (FERC) information under the provisions of the SUPPLEMENTARY INFORMATION: This Rules of Practice and Procedures (18 Paperwork Reduction Act of 1995. The information collection request contains: CFR 385.211). Any person desiring to proposed collection will be used to (1) OMB No.: 1910–5141; (2) become a party to these proceedings report the progress of participants in the Information Collection Request Title: should file a motion to intervene at the DOE Better Buildings programs, Better Buildings Challenge, Better above address in accordance with FERC including the Better Buildings Buildings Alliance and the Better Rule 214 (18 CFR 385.214). Five copies Challenge, Better Buildings, Better Buildings, Better Plants Voluntary of such comments, protests, or motions Plants program, and the Better Buildings Pledge Program; (3) Type of Request: to intervene should be sent to the Alliance. These voluntary programs are Amendment; (4) Purpose: This address provided above on or before the intended to drive greater energy Information Collection Request applies date listed above. efficiency in the commercial and to three Department of Energy (DOE) Comments and other filings industrial marketplace to create cost voluntary leadership initiatives that fall concerning CEE’s application to export savings and jobs. This will be under the President’s Better Buildings electric energy to Canada should be accomplished by highlighting the ways Initiative: (A) The Better Buildings clearly marked with OE Docket No. EA– participants overcome market barriers Challenge; (B) the Better Buildings, 416. An additional copy is to be and persistent obstacles with replicable, Better Plants Program; and (C) the Better provided directly to both Thomas marketplace solutions. These programs Buildings Alliance. The information will showcase real solutions and partner DiCapua and James J. Dixon, being collected is needed so as to with industry leaders to better Consolidated Edison Energy, Inc., 100 include participants in new sub- understand policy and technical Summit Lake Drive, Suite 410, Valhalla, programs under the Better Buildings NY 10595 and to both Peter P. Thieman opportunities. Since the published 60- Day Notice and request for comments on Challenge concerning energy efficiency and Stuart A. Caplan, Dentons US LLP, in the multifamily residential and data 1301 K Street NW., Suite 600, East October 2, 2015, 80 FR 59758, there are noted changes to the following center sectors, as well as a new water Tower, Washington, DC 20005. supplemental information items: (5) savings challenge. Additionally, other A final decision will be made on this Annual Estimated Number of pre-existing collection forms are being application after the environmental Respondents is increased from 480 to amended for clarity and to reduce impacts have been evaluated pursuant 740; (6) Annual Estimated Number of burden on respondents. Also, the total to DOE’s National Environmental Policy Total Responses is reduced from 972 to number of respondents for individual Act Implementing Procedures (10 CFR 933; (7) Annual Estimated Number of program areas is being adjusted to align part 1021) and after a determination is Burden Hours is reduced from 2,720 to with practical experience and to made by DOE that the proposed action 2,709.25; and (8) Annual Estimated account for the fact that certain one-time will not have an adverse impact on the Reporting and Recordkeeping Cost reporting requirements have already sufficiency of supply or reliability of the Burden is reduced from $107,349 to been satisfied by a majority of the U.S. electric power supply system. $106,934. participants.; (5) Annual Estimated Copies of this application will be DATES: Comments regarding this Number of Total Respondents: 740; (6) made available, upon request, for public collection must be received on or before Annual Estimated Number of Total inspection and copying at the address January 20, 2016. If you anticipate that Responses: 933; (7) Annual Estimated provided above, by accessing the you will be submitting comments, but Number of Burden Hours: 2,709.25; (8) program Web site at http://energy.gov/ find it difficult to do so within the Annual Estimated Reporting and node/11845, or by emailing Angela Troy period of time allowed by this notice, at [email protected]. Recordkeeping Cost Burden: $106,934. please advise the DOE Desk Officer at Statutory Authority: Section 421 of Issued in Washington, DC, on December OMB of your intention to make a the Energy Independence and Security 15, 2015. submission as soon as possible. The Act of 2007 (42 U.S.C. 17081); Section Christopher Lawrence, Desk Officer may be telephoned at 202– Electricity Policy Analyst, Office of Electricity 395–4718. 911 of the Energy Policy Act of 2005, as amended (42 U.S.C. 16191). Delivery and Energy Reliability. ADDRESSES: Written comments should [FR Doc. 2015–32028 Filed 12–18–15; 8:45 am] be sent to the DOE Desk Officer, Office Issued in Washington, DC, on December BILLING CODE 6450–01–P of Information and Regulatory Affairs, 15, 2015. Office of Management and Budget, New Maria Vargas, Executive Office Building, Room 10102, Director, Better Buildings Challenge, Office DEPARTMENT OF ENERGY 735 17th Street NW., Washington, DC of Energy Efficiency and Renewable Energy. 20503. [FR Doc. 2015–32029 Filed 12–18–15; 8:45 am] Office of Energy Efficiency and And to Andre de Fontaine, EE–5F/ BILLING CODE 6450–01–P Renewable Energy Forrestal Building, 1000 Independence Revision of a Currently Approved Avenue SW., Washington, DC 20585 or Collection by fax at 202–586–5234 or by email at [email protected]. AGENCY: Office of Energy Efficiency and FOR FURTHER INFORMATION CONTACT: Renewable Energy, U.S. Department of Requests for additional information or Energy. copies of the information collection instrument and instructions should be ACTION: Notice and request for OMB directed to Andre de Fontaine, EE–5F/ review and comment. Forrestal Building, 1000 Independence

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DEPARTMENT OF ENERGY of the intervention or protest to the Prohibited communications are Federal Energy Regulatory Commission, included in a public, non-decisional file Federal Energy Regulatory 888 First Street NE., Washington, DC associated with, but not a part of, the Commission 20426. decisional record of the proceeding. [Docket No. ER16–479–000] The filings in the above-referenced Unless the Commission determines that proceeding are accessible in the the prohibited communication and any Avalon Solar Partners II LLC; Commission’s eLibrary system by responses thereto should become a part Supplemental Notice That Initial clicking on the appropriate link in the of the decisional record, the prohibited Market-Based Rate Filing Includes above list. They are also available for off-the-record communication will not Request for Blanket Section 204 electronic review in the Commission’s be considered by the Commission in Authorization Public Reference Room in Washington, reaching its decision. Parties to a DC. There is an eSubscription link on proceeding may seek the opportunity to This is a supplemental notice in the the Web site that enables subscribers to respond to any facts or contentions above-referenced proceeding Avalon receive email notification when a made in a prohibited off-the-record Solar Partners II LLC’s application for document is added to a subscribed communication, and may request that market-based rate authority, with an docket(s). For assistance with any FERC the Commission place the prohibited accompanying rate tariff, noting that Online service, please email communication and responses thereto such application includes a request for [email protected]. or call in the decisional record. The blanket authorization, under 18 CFR (866) 208–3676 (toll free). For TTY, call Commission will grant such a request part 34, of future issuances of securities (202) 502–8659. only when it determines that fairness so and assumptions of liability. Any person desiring to intervene or to Dated: December 14, 2015. requires. Any person identified below as having made a prohibited off-the-record protest should file with the Federal Nathaniel J. Davis, Sr., communication shall serve the Energy Regulatory Commission, 888 Deputy Secretary. First Street NE., Washington, DC 20426, document on all parties listed on the [FR Doc. 2015–31966 Filed 12–18–15; 8:45 am] official service list for the applicable in accordance with Rules 211 and 214 BILLING CODE 6717–01–P of the Commission’s Rules of Practice proceeding in accordance with Rule and Procedure (18 CFR 385.211 and 2010, 18 CFR 385.2010. Exempt off-the-record 385.214). Anyone filing a motion to DEPARTMENT OF ENERGY intervene or protest must serve a copy communications are included in the of that document on the Applicant. Federal Energy Regulatory decisional record of the proceeding, Notice is hereby given that the Commission unless the communication was with a deadline for filing protests with regard cooperating agency as described by 40 CFR 1501.6, made under 18 CFR to the applicant’s request for blanket [Docket No. Rm98–1–000] authorization, under 18 CFR part 34, of 385.2201(e)(1)(v). future issuances of securities and Records Governing Off-the-Record The following is a list of off-the- assumptions of liability, is January 6, Communications; Public Notice record communications recently 2016. received by the Secretary of the The Commission encourages This constitutes notice, in accordance Commission. The communications electronic submission of protests and with 18 CFR 385.2201(b), of the receipt listed are grouped by docket numbers in interventions in lieu of paper, using the of prohibited and exempt off-the-record ascending order. These filings are FERC Online links at http:// communications. available for electronic review at the www.ferc.gov. To facilitate electronic Order No. 607 (64 FR 51222, Commission in the Public Reference service, persons with Internet access September 22, 1999) requires Room or may be viewed on the who will eFile a document and/or be Commission decisional employees, who Commission’s Web site at http:// listed as a contact for an intervenor make or receive a prohibited or exempt www.ferc.gov using the eLibrary link. must create and validate an off-the-record communication relevant Enter the docket number, excluding the eRegistration account using the to the merits of a contested proceeding, last three digits, in the docket number eRegistration link. Select the eFiling to deliver to the Secretary of the field to access the document. For link to log on and submit the Commission, a copy of the assistance, please contact FERC Online intervention or protests. communication, if written, or a Support at FERCOnlineSupport@ Persons unable to file electronically summary of the substance of any oral ferc.gov or toll free at (866) 208–3676, or should submit an original and 5 copies communication. for TTY, contact (202) 502–8659.

Docket No. File date Presenter or requester

Prohibited

1. CP15–504–000 ...... 11–24–2015 International Paper. 2. CP15–554–000, CP16–10–000 ...... 11–30–2015 Margie Lucas and Whitney Feldmann. 3. CP15–554–000 ...... 11–30–2015 Ronald Lundie. 4. CP15–554–000 ...... 11–30–2015 Harold Jackson. 5. CP15–554–000 ...... 11–30–2015 Elizabeth Marshall. 6. CP14–115–000, CP14–493–000 ...... 11–30–2015 Rayonier Advanced Materials. 7. CP16–21–000 ...... 12–1–2015 Susan Jones. 8. CP15–554–000 ...... 12–1–2015 Grace Wunderlich. 9. CP15–554–000 ...... 12–1–2015 Eliane Blose. 10. CP15–554–000 ...... 12–1–2015 Linda Campbell. 11. CP15–554–000 ...... 12–1–2015 Charles Alexander. 12. CP15–554–000 ...... 12–1–2015 Arthur Porter. 13. CP15–554–000 ...... 12–2–2015 Bonnie Spearman.

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Docket No. File date Presenter or requester

14. CP14–554–000, CP15–16–000, CP15–17–000 ...... 12–3–2015 Susan VanBrunt. 15. CP15–554–000 ...... 12–3–2015 Kenneth Sisson. 16. CP15–554–000 ...... 12–7–2015 Thelma Lepley. 17. CP15–554–000 ...... 12–7–2015 Mildred Buck. 18. CP15–554–000 ...... 12–7–2015 Donna Moser. 19. CP15–554–000 ...... 12–7–2015 Ricky Rochelle. 20. CP15–554–000 ...... 12–10–2015 Kathryn B. Parker. 21. CP15–554–000 ...... 12–10–2015 Ellyson Robinson. 22. CP15–554–000 ...... 12–10–2015 Roger Marshall. 23. CP15–554–000 ...... 12–10–2015 Ronnie Johnson. 24. CP15–554–000 ...... 12–11–2015 Billy Vaughan. 25. CP15–554–000 ...... 12–11–2015 Clifton Lowrey.

Exempt

1. CP15–554–000, CP16–10–000 ...... 11–30–2015 State of Virginia Delegate Manoli Loupassi. 2. CP15–554–000 ...... 12–1–2015 State of Virginia Delegate Minority Leader Davis J. Toscano. 3. CP16–21–000 ...... 12–2–2015 US Congresswoman Ann McLane Kuster. 4. CP15–554–000 ...... 12–2–2015 US Congressman Bob Goodlatte. 5. CP16–21–000 ...... 12–4–2015 State of New Hampshire Governor Margaret Wood Hassan. 6. CP16–10–000, CP16–13–000 ...... 12–4–2015 FERC Staff.1 7. CP15–504–000 ...... 12–9–2015 FERC Staff.2 8. CP15–554–000, CP16–10–000 ...... 12–9–2015 State of Virginia Delegate Betsy B. Carr. 9. CP15–554–000, CP16–10–000 ...... 12–10–2015 US House Representatives.3 1 Meeting Summary from December 1, 2015 call with cooperating agencies regarding Mountain Valley Pipeline Project and Equitrans Expan- sion Project. 2 Meeting Summary from December 8, 2015 call between FERC, HDR Engineering, Inc., and Dominion Carolina Gas, L.L.C. regarding Colum- bia to Eastover Project. 3 Bob Goodlatte, H. Morgan Griffith, and Robert Hurt.

Dated: December 15, 2015. serve motions to intervene or protests DEPARTMENT OF ENERGY Nathaniel J. Davis, Sr., on persons other than the Applicant. Federal Energy Regulatory Deputy Secretary. The Commission encourages Commission [FR Doc. 2015–31957 Filed 12–18–15; 8:45 am] electronic submission of protests and BILLING CODE 6717–01–P interventions in lieu of paper using the [ Docket No. ER16–498–000 ] ‘‘eFiling’’ link at http://www.ferc.gov. RE Mustang LLC; Supplemental Notice Persons unable to file electronically DEPARTMENT OF ENERGY That Initial Market-Based Rate Filing should submit an original and 5 copies Includes Request for Blanket Section Federal Energy Regulatory of the protest or intervention to the 204 Authorization Commission Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC This is a supplemental notice in the [Docket No. NJ16–3–000] 20426. above-referenced proceeding RE Mustang LLC’s application for market- This filing is accessible on-line at City of Pasadena, California; Notice of based rate authority, with an http://www.ferc.gov, using the Filing accompanying rate tariff, noting that ‘‘eLibrary’’ link and is available for such application includes a request for Take notice that on December 11, review in the Commission’s Public blanket authorization, under 18 CFR 2015, City of Pasadena, California Reference Room in Washington, DC. part 34, of future issuances of securities submitted its tariff filing: Pasadena 2016 There is an ‘‘eSubscription’’ link on the and assumptions of liability. Transmission Revenue Balancing Web site that enables subscribers to Any person desiring to intervene or to Account Adjustment Update to be receive email notification when a protest should file with the Federal effective 1/1/2016. document is added to a subscribed Energy Regulatory Commission, 888 Any person desiring to intervene or to docket(s). For assistance with any FERC First Street NE., Washington, DC 20426, protest this filing must file in Online service, please email in accordance with Rules 211 and 214 accordance with Rules 211 and 214 of [email protected], or call of the Commission’s Rules of Practice the Commission’s Rules of Practice and (866) 208–3676 (toll free). For TTY, call and Procedure (18 CFR 385.211 and Procedure (18 CFR 385.211, 385.214). (202) 502–8659. 385.214). Anyone filing a motion to Protests will be considered by the intervene or protest must serve a copy Comment Date: 5:00 p.m. Eastern Commission in determining the of that document on the Applicant. appropriate action to be taken, but will Time on January 4, 2016. Notice is hereby given that the not serve to make protestants parties to Dated: December 15, 2015. deadline for filing protests with regard the proceeding. Any person wishing to Nathaniel J. Davis, Sr., to the applicant’s request for blanket become a party must file a notice of Deputy Secretary. authorization, under 18 CFR part 34, of intervention or motion to intervene, as future issuances of securities and [FR Doc. 2015–31956 Filed 12–18–15; 8:45 am] appropriate. Such notices, motions, or assumptions of liability, is January 6, protests must be filed on or before the BILLING CODE 6717–01–P 2016. comment date. On or before the The Commission encourages comment date, it is not necessary to electronic submission of protests and

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interventions in lieu of paper, using the information collections described FERC–500, [Application for License/ FERC Online links at http:// below. Relicense and Exemption for Water www.ferc.gov. To facilitate electronic Projects With More Than 5 Megawatt 2 DATES: Comments on the collections of service, persons with Internet access Capacity] information are due February 19, 2016. who will eFile a document and/or be OMB Control No.: 1902–0058. listed as a contact for an intervenor ADDRESSES: You may submit comments Abstract: Pursuant to the Federal must create and validate an (identified by Docket No. IC16–4–000) Power Act, the Commission is eRegistration account using the by either of the following methods: authorized to issue licenses and eRegistration link. Select the eFiling • eFiling at Commission’s Web site: exemptions to citizens of the United link to log on and submit the http://www.ferc.gov/docs-filing/ States, or to any corporation organized intervention or protests. efiling.asp under the laws of United States or any Persons unable to file electronically • Mail/Hand Delivery/Courier: State thereof, or to any State or should submit an original and 5 copies municipality for the purpose of Federal Energy Regulatory Commission, of the intervention or protest to the constructing, operating, and Secretary of the Commission, 888 First Federal Energy Regulatory Commission, maintaining dams, water conduits, Street NE., Washington, DC 20426. 888 First Street NE., Washington, DC reservoirs, power houses, transmission 20426. Please reference the specific collection lines, or other project works necessary The filings in the above-referenced number and/or title in your comments. or convenient for the development and proceeding are accessible in the Instructions: All submissions must be improvement of navigation and for the Commission’s eLibrary system by formatted and filed in accordance with development, transmission, and clicking on the appropriate link in the submission guidelines at: http://www. utilization of power across, along, from, above list. They are also available for ferc.gov/help/submission-guide.asp. For or in any of the streams or other bodies electronic review in the Commission’s user assistance contact FERC Online of water over which Congress has Public Reference Room in Washington, Support by email at ferconlinesupport@ jurisdiction under its authority to DC. There is an eSubscription link on ferc.gov, or by phone at: (866) 208–3676 regulate commerce with foreign nations the Web site that enables subscribers to (toll-free), or (202) 502–8659 for TTY. and among the several States, or upon receive email notification when a any part of the public lands and document is added to a subscribed Docket: Users interested in receiving reservations of the United States. docket(s). For assistance with any FERC automatic notification of activity in this FERC–500 is an application (for water Online service, please email docket or in viewing/downloading projects with more than 5 megawatt [email protected]. or call comments and issuances in this docket capacity) for a hydropower license or (866) 208–3676 (toll free). For TTY, call may do so at http://www.ferc.gov/docs- exemption. FERC–500 includes certain (202) 502–8659. filing/docs-filing.asp. reporting requirements in 18 CFR 4, 5, 8, 16, 141, 154.15, and 292. Depending Dated: December 14, 2015. FOR FURTHER INFORMATION CONTACT: on the type of application, it may Nathaniel J. Davis, Sr., Ellen Brown may be reached by email at [email protected], telephone include project description, schedule, Deputy Secretary. resource allocation, project operation, [FR Doc. 2015–31967 Filed 12–18–15; 8:45 am] at (202) 502–8663, and fax at (202) 273– 0873. construction schedule, cost, and BILLING CODE 6717–01–P financing; and an environmental report. SUPPLEMENTARY INFORMATION: After an application is filed, the Type of Request: Three-year extension Federal agencies with responsibilities DEPARTMENT OF ENERGY of the information collection under the Federal Power Act (FPA) and 3 requirements for all collections other statutes, the States, Indian tribes, Federal Energy Regulatory and other participants have Commission described below with no changes to the current reporting requirements. Please opportunities to request additional [Docket No. IC16–4–000] note that each collection is distinct from studies and provide comments and the next. recommendations. Commission Information Collection Submittal of the FERC–500 Activities (Ferc–500, Ferc–542); Comments: Comments are invited on: application is necessary to fulfill the Consolidated Comment Request; (1) Whether the collections of requirements of the FPA in order for the Extension information are necessary for the proper Commission to make the required performance of the functions of the finding that the proposal is AGENCY: Federal Energy Regulatory Commission, including whether the economically, technically, and Commission. information will have practical utility; environmentally sound, and is best ACTION: Notice of information (2) the accuracy of the agency’s adapted to a comprehensive plan for collections and request for comments. estimates of the burden and cost of the improving/developing a waterway or collections of information, including the waterways. SUMMARY: In compliance with the validity of the methodology and Type of Respondent: Applicants for requirements of the Paperwork assumptions used; (3) ways to enhance major hydropower licenses or Reduction Act of 1995, 44 U.S.C. the quality, utility and clarity of the exemptions greater than 5 MW 3506(c)(2)(A), the Federal Energy information collections; and (4) ways to Estimate of Annual Burden: Regulatory Commission (Commission or minimize the burden of the collections Applicants for licenses are required to FERC) is soliciting public comment on of information on those who are to 1 the requirements and burden of the respond, including the use of automated 2 Megawatt = MW. collection techniques or other forms of 3 Statutes include the Electric Consumers 1 The Commission defines burden as the total information technology. Protection Act (ECPA), the National Environmental time, effort, or financial resources expended by Policy Act (NEPA), the Endangered Species Act, the persons to generate, maintain, retain, or disclose or Federal Water Pollution Control Amendments of provide information to or for a Federal agency. For information collection burden, reference 5 Code of 1972 (the Clean Water Act), and the Coastal Zone further explanation of what is included in the Federal Regulations 1320.3. Management Act.

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include an estimate of their cost to same as that of a license application, the MW. To estimate the total annual prepare the license application, which license application costs are a good burden, we averaged the reported would include nearly all of the estimate of the exemption application license application costs for proposed reporting requirements in FERC–500.4 costs and of the overall burden of projects greater than 5 MW filed in Because the requirements for an preparing license and exemption fiscal years (FY) 2012 through 2015. The exemption application are largely the applications for projects greater than 5 results are presented in the table below:

FERC–500 (APPLICATION FOR LICENSE/RELICENSE AND EXEMPTION FOR WATER PROJECTS WITH MORE THAN 5 MW CAPACITY)

Fiscal Year 2012 2013 2014 2015

Number of Applications (Responses) ...... 9 7 15 2 Average Cost per Response ...... $2,059,828 $1,234,987 $3,776,864 $500,000

Total Burden Cost ...... $18,538,451 $8,644,909 $56,652,960 $1,000,000

The average burden cost per $2,570,797.5 We estimate a cost (salary for each application filed from FY 2012 application over the period FY 2012 plus benefits) of $72/hour.6 Using this to FY 2015 is 35,706 hours. through FY 2015 was approximately hourly cost estimate, the average burden FERC–500

Total annual Annual number of Total number of Average burden burden hours Cost per Number of respondents responses per responses hours and cost and total respondent respondent per response annual cost ($)

(1) ...... (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)÷(1)

9 ...... 1 9 35,705.52 321,349.68 $2,570,797.42 $2,570,797.42 $23,137,176.82

FERC–542, [Gas Pipeline Rates: Rate charges in any fiscal year in amounts Commission calculates the costs of Tracking] equal to all of the costs incurred by the administering the natural gas regulatory Commission in that fiscal year.’’ 7 To program,10 it assesses those costs to OMB Control No.: 1902–0070 accomplish this, the Commission natural gas pipeline companies Abstract: Commission regulations at created the annual charges program, (Pipelines).11 Each Pipeline is assessed 18 CFR 154.402 establish requirements which is designed to recover the costs a proportional share of the for natural gas pipelines that choose to of administering the natural gas, oil, and Commission’s costs of administering the recover Commission-assessed annual electric programs by calculating the natural gas program. That proportional charges through an annual charge costs of each program, net of filing fees, share is based on the following: adjustment (ACA) clause. All natural and properly allocating them among the . . ..the proportion of the total gas subject to gas pipelines subject to FERC three programs.8 jurisdiction must have a clause in their Commission regulation which was sold and transported by each company in the tariff that incorporates the Commission- This reporting requirement applies only to the recovery of annual charges immediately preceding calendar year to the authorized annual charge unit rate by sum of the gas subject to the Commission reference to that rate, as published on assessed to entities in the natural gas regulation which was sold and transported in the Commission’s Web site located at program. the immediately preceding calendar year by http://www.ferc.gov. The provisions governing the all natural gas pipeline companies being This reporting requirements results assessment of annual charges are assessed annual charges.12 from the Commission’s being required codified in Part 382 of the Commission’s Type of Respondent: Natural Gas to ‘‘assess and collect fees and annual regulations.9 In brief, after the Pipelines.

4 Exceptions would be 18 CFR 2.19, 4.201, 4.202, 8 Annual Charges Under the Omnibus Budget 11 For the purposes of this proceeding, we use the 4.303, 4.35, 8.1, 8.2, 16.19, 141.15, and 292.208, Reconciliation Act of 1986, Order No. 472, FERC term natural gas pipeline company (Pipeline) as it none of which directly relate to preparation of a Stats & Regs. ¶ 30,746, clarified by, Order No. 472– is defined in 18 CFR 382.101(a) (2012): ‘‘any license or exemption application for a project A, FERC Stats. & Regs. ¶ 30,750, order on reh’g, person: (1) Engaged in natural gas sales for resale Order No. 472–B, FERC Stats. & Regs. ¶ 30,767 greater than 5 MW. or natural gas transportation subject to the (1987), order on reh’g, Order No. 472–C, 42 FERC jurisdiction of the Commission under the Natural 5 $84,836,320 (Total burden cost from 2012–2015) ¶ 61,013 (1988). Gas Act whose sales for resale and transportation ÷ 33 (total number of applications received from 9 18 CFR 382 (2015). exceed 200,000 Mcf at 14.73 psi (60ßF) in any of the 2012–2015) = $2,570,797. 10 Id. at 382.102(d) (defining the ‘‘natural gas three calendar years immediately preceding the 6 FERC staff estimates that industry is similarly regulatory program’’ as the Commission’s regulation fiscal year for which the Commission is assessing of the natural gas industry under the Natural Gas situated in terms of the hourly cost for salary plus annual charges; and (2) Not engaged solely in ‘‘first Act; Natural Gas Policy Act of 1978; Alaska Natural benefits. Therefore, we are using the FERC FY 2015 sales’’ of natural gas as that term is defined in hourly cost (salary plus benefits) of $72/hour. Gas Transportation Act; Public Utility Regulatory Policies Act; Department of Energy Organization section 2(21) of the Natural Gas Policy Act of 1978; 7 See Omnibus Budget Reconciliation Act, Pub. L. Act; Outer Continental Shelf Lands Act; Energy and (3) To whom the Commission has not issued 99–509, Title III, Subtitle E, § 3401, 1986 U.S. Code Security Act; Regulatory Flexibility Act; Crude Oil a Natural Gas Act Section 7(f) declaration; and (4) Cong. & Ad. News (100 Stat.) 1874, 1890–91 Windfall Profit Tax Act; National Environmental Not holding a limited jurisdiction certificate.’’ (codified at 42 U.S.C. 7178 (2012)). Policy Act; National Historic Preservation Act). 12 18 CFR 382.202 (2015).

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Estimate of Annual Burden: The reporting burden for the information Commission estimates the annual public collection as:

FERC–542 (GAS PIPELINE RATES: RATE TRACKING)

Total annual Annual number of Total number of Average burden burden hours Cost per Number of respondents responses per responses hours and cost and total respondent respondent per response annual cost ($)

(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)÷(1)

5 ...... 1 5 2 10 $144 $144 $720

Dated: December 14, 2015 Description: § 205(d) Rate Filing: clicking on the links or querying the Nathaniel J. Davis, Sr., Executed Interconnection Agreement docket number. Deputy Secretary. with Hackett Mills Hydro Associates to Any person desiring to intervene or [FR Doc. 2015–31970 Filed 12–18–15; 8:45 am] be effective 1/1/2016. protest in any of the above proceedings BILLING CODE 6717–01–P Filed Date: 12/14/15. must file in accordance with Rules 211 Accession Number: 20151214–5241. and 214 of the Commission’s Comments Due: 5 p.m. ET 1/4/16. Regulations (18 CFR 385.211 and DEPARTMENT OF ENERGY Docket Numbers: ER16–519–000. 385.214) on or before 5:00 p.m. Eastern Applicants: Nevada Power Company. time on the specified comment date. Federal Energy Regulatory Description: § 205(d) Rate Filing: Protests may be considered, but Commission OATT Revisions to Schedule 1 12.14.15 intervention is necessary to become a to be effective 10/1/2015. party to the proceeding. Combined Notice of Filings #1 Filed Date: 12/14/15. eFiling is encouraged. More detailed Take notice that the Commission Accession Number: 20151214–5244. information relating to filing received the following electric rate Comments Due: 5 p.m. ET 1/4/16. requirements, interventions, protests, service, and qualifying facilities filings filings: Docket Numbers: ER16–520–000. can be found at: http://www.ferc.gov/ Docket Numbers: ER11–4380–005; Applicants: Southwestern Public docs-filing/efiling/filing-req.pdf. For ER15–1045–001; ER13–338–006; ER13– Service Company. other information, call (866) 208–3676 1641–002; ER13–1562–004; ER12–610– Description: § 205(d) Rate Filing: 12– (toll free). For TTY, call (202) 502–8659. 007; ER12–2314–005; ER12–2037–006; 14–15_SPS Unfunded Reserves to be ER12–1931–006; ER11–4381–005; effective 1/1/2016. Dated: December 15, 2015. ER10–2504–007; ER10–2488–012; Filed Date: 12/14/15. Nathaniel J. Davis, Sr., ER10–2467–006; ER10–2436–006; Accession Number: 20151214–5245. Deputy Secretary. ER10–2434–006. Comments Due: 5 p.m. ET 1/4/16. [FR Doc. 2015–31953 Filed 12–18–15; 8:45 am] Applicants: Bellevue Solar, LLC, Docket Numbers: ER16–521–000. BILLING CODE 6717–01–P Catalina Solar Lessee, LLC, Chestnut Applicants: Midcontinent Flats Lessee, LLC, Fenton Power Independent System Operator, Inc. Partners I, LLC, Hoosier Wind Project, Description: § 205(d) Rate Filing: DEPARTMENT OF ENERGY LLC, Oasis Power Partners, LLC, Pacific 2015–12–14 Attachment Y alignment Wind Lessee, LLC, Pilot Hill Wind, LLC, with PRA to be effective 2/12/2016. Federal Energy Regulatory Shiloh Wind Project 2, LLC, Shiloh III Filed Date: 12/14/15. Commission Lessee, LLC, Shiloh IV Lessee, LLC, Accession Number: 20151214–5246. [Docket No. ER16–452–000] Spearville 3, LLC, Spinning Spur Wind, Comments Due: 5 p.m. ET 1/4/16. LLC, Wapsipinicon Wind Project, LLC, Docket Numbers: ER16–522–000. Tranquillity LLC; Supplemental Notice Yamhill Solar, LLC. Applicants: Consolidated Edison That Initial Market-Based Rate Filing Description: Supplement to October 7, Company of New York, Inc. Includes Request for Blanket Section 2015 Notice of Change in Status of the Description: § 205(d) Rate Filing: 204 Authorization EDF–RE MBR Companies. PASNY Tariff RY 3 2015 to be effective Filed Date: 12/8/15. This is a supplemental notice in the 1/1/2016. above-referenced proceeding Accession Number: 20151208–5082. Filed Date: 12/14/15. Comments Due: 5 p.m. ET 12/29/15. Tranquillity LLC’s application for Accession Number: 20151214–5262. market-based rate authority, with an Docket Numbers: ER15–2657–001. Comments Due: 5 p.m. ET 1/4/16. Applicants: Midcontinent accompanying rate tariff, noting that Independent System Operator, Inc. Docket Numbers: ER16–523–000. such application includes a request for Description: Compliance filing: 2015– Applicants: Sierra Pacific Power blanket authorization, under 18 CFR 12–14_Order 1000 CTDS Enhancement Company. part 34, of future issuances of securities Compliance Filing to be effective 11/16/ Description: Notices of Cancellation of and assumptions of liability. 2015. Transmission Service Agreements of Any person desiring to intervene or to Filed Date: 12/14/15. Sierra Pacific Power Company. protest should file with the Federal Accession Number: 20151214–5242. Filed Date: 12/14/15. Energy Regulatory Commission, 888 Comments Due: 5 p.m. ET 1/4/16. Accession Number: 20151214–5264. First Street NE., Washington, DC 20426, Docket Numbers: ER16–518–000. Comments Due: 5 p.m. ET 1/4/16. in accordance with Rules 211 and 214 Applicants: Central Maine Power The filings are accessible in the of the Commission’s Rules of Practice Company. Commission’s eLibrary system by and Procedure (18 CFR 385.211 and

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385.214). Anyone filing a motion to such application includes a request for DEPARTMENT OF ENERGY intervene or protest must serve a copy blanket authorization, under 18 CFR of that document on the Applicant. part 34, of future issuances of securities Federal Energy Regulatory Notice is hereby given that the and assumptions of liability. Commission deadline for filing protests with regard Any person desiring to intervene or to [Project No. 13821–002] to the applicant’s request for blanket protest should file with the Federal authorization, under 18 CFR part 34, of ORPC Alaska 2, LLC; Notice of Energy Regulatory Commission, 888 future issuances of securities and Surrender of Preliminary Permit assumptions of liability, is January 6, First Street NE., Washington, DC 20426, 2016. in accordance with Rules 211 and 214 Take notice that ORPC Alaska 2, LLC, The Commission encourages of the Commission’s Rules of Practice permittee for the proposed East electronic submission of protests and and Procedure (18 CFR 385.211 and Foreland Tidal Energy Project, has interventions in lieu of paper, using the 385.214). Anyone filing a motion to requested that its preliminary permit be FERC Online links at http:// intervene or protest must serve a copy terminated. A successive permit was www.ferc.gov. To facilitate electronic of that document on the Applicant. issued on June 16, 2014, and would have expired on June 1, 2016.1 The service, persons with Internet access Notice is hereby given that the who will eFile a document and/or be project would have been located in deadline for filing protests with regard Cook Inlet near Nikiski in the Kenai listed as a contact for an intervenor to the applicant’s request for blanket must create and validate an Peninsula Borough, Alaska. authorization, under 18 CFR part 34, of The preliminary permit for Project eRegistration account using the future issuances of securities and No. 13821 will remain in effect until the eRegistration link. Select the eFiling assumptions of liability, is January 6, close of business, January 13, 2016. But, link to log on and submit the 2016. if the Commission is closed on this day, intervention or protests. then the permit remains in effect until Persons unable to file electronically The Commission encourages the close of business on the next day in should submit an original and 5 copies electronic submission of protests and which the Commission is open.2 New of the intervention or protest to the interventions in lieu of paper, using the applications for this site may not be Federal Energy Regulatory Commission, FERC Online links at http:// submitted until after the permit 888 First Street NE., Washington, DC www.ferc.gov. To facilitate electronic surrender is effective. 20426. service, persons with Internet access The filings in the above-referenced who will eFile a document and/or be Dated: December 14, 2015. proceeding are accessible in the listed as a contact for an intervenor Nathaniel J. Davis, Sr., Commission’s eLibrary system by must create and validate an Deputy Secretary. clicking on the appropriate link in the eRegistration account using the [FR Doc. 2015–31971 Filed 12–18–15; 8:45 am] above list. They are also available for eRegistration link. Select the eFiling BILLING CODE 6717–01–P electronic review in the Commission’s link to log on and submit the Public Reference Room in Washington, intervention or protests. DC. There is an eSubscription link on DEPARTMENT OF ENERGY Persons unable to file electronically the Web site that enables subscribers to should submit an original and 5 copies receive email notification when a Federal Energy Regulatory document is added to a subscribed of the intervention or protest to the Commission Federal Energy Regulatory Commission, docket(s). For assistance with any FERC [Docket No. Nj16–2–000] Online service, please email 888 First Street NE., Washington, DC [email protected]. or call 20426. City of Riverside, California; Notice of (866) 208–3676 (toll free). For TTY, call The filings in the above-referenced Filing (202) 502–8659. proceeding are accessible in the Take notice that on December 9, 2015, Dated: December 14, 2015. Commission’s eLibrary system by City of Riverside, California submitted Nathaniel J. Davis, Sr., clicking on the appropriate link in the its tariff filing: Riverside 2016 Deputy Secretary. above list. They are also available for Transmission Revenue Balancing [FR Doc. 2015–31965 Filed 12–18–15; 8:45 am] electronic review in the Commission’s Account Adjustment Update to be Public Reference Room in Washington, BILLING CODE 6717–01–P effective 1/1/2016. DC. There is an eSubscription link on Any person desiring to intervene or to the Web site that enables subscribers to protest this filing must file in DEPARTMENT OF ENERGY receive email notification when a accordance with Rules 211 and 214 of document is added to a subscribed the Commission’s Rules of Practice and Federal Energy Regulatory docket(s). For assistance with any FERC Procedure (18 CFR 385.211, 385.214). Commission Online service, please email Protests will be considered by the [Docket No. ER16–499–000] [email protected]. or call Commission in determining the (866) 208–3676 (toll free). For TTY, call appropriate action to be taken, but will RE Mustang 3 LLC; Supplemental (202) 502–8659. not serve to make protestants parties to the proceeding. Any person wishing to Notice that Initial Market-Based Rate Dated: December 14, 2015. Filing Includes Request for Blanket become a party must file a notice of Section 204 Authorization Nathaniel J. Davis, Sr., intervention or motion to intervene, as Deputy Secretary. appropriate. Such notices, motions, or This is a supplemental notice in the [FR Doc. 2015–31968 Filed 12–18–15; 8:45 am] protests must be filed on or before the above-referenced proceeding RE BILLING CODE 6717–01–P comment date. On or before the Mustang 3 LLC’s application for market- based rate authority, with an 1 147 FERC ¶ 62,207 (2014). accompanying rate tariff, noting that 2 18 CFR 385.2007(a)(2) (2015).

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comment date, it is not necessary to Filed Date: 12/15/15. Applicants: Midcontinent serve motions to intervene or protests Accession Number: 20151215–5092. Independent System Operator, Inc. on persons other than the Applicant. Comments Due: 5 p.m. ET 1/5/16. Description: § 205(d) Rate Filing: The Commission encourages Docket Numbers: ER16–526–000. 2015–12–15 Coordinated Transaction electronic submission of protests and Applicants: Sempra Generation, LLC. Scheduling Filing to be effective 3/1/ interventions in lieu of paper using the Description: § 205(d) Rate Filing: 2017. ‘‘eFiling’’ link at http://www.ferc.gov. Sempra Generation, LLC Revised Filed Date: 12/15/15. Persons unable to file electronically Market-Based Rate Tariff to be effective Accession Number: 20151215–5231. Comments Due: 5 p.m. ET 1/5/16. should submit an original and 5 copies 12/16/2015. of the protest or intervention to the Filed Date: 12/15/15. The filings are accessible in the Federal Energy Regulatory Commission, Accession Number: 20151215–5093. Commission’s eLibrary system by 888 First Street NE., Washington, DC Comments Due: 5 p.m. ET 1/5/16. clicking on the links or querying the docket number. 20426. Docket Numbers: ER16–527–000. This filing is accessible on-line at Any person desiring to intervene or Applicants: Mesquite Solar 2, LLC. protest in any of the above proceedings http://www.ferc.gov, using the Description: Initial rate filing: ‘‘eLibrary’’ link and is available for must file in accordance with Rules 211 Mesquite Solar 2, LLC Certificate of and 214 of the Commission’s review in the Commission’s Public Concurrence to Amended and Restated Reference Room in Washington, DC. Regulations (18 CFR 385.211 and Agmt to be effective 12/17/2015. 385.214) on or before 5:00 p.m. Eastern There is an ‘‘eSubscription’’ link on the Filed Date: 12/15/15. Web site that enables subscribers to time on the specified comment date. Accession Number: 20151215–5118. Protests may be considered, but receive email notification when a Comments Due: 5 p.m. ET 1/5/16. document is added to a subscribed intervention is necessary to become a docket(s). For assistance with any FERC Docket Numbers: ER16–528–000. party to the proceeding. Online service, please email Applicants: Duke Energy Indiana, Inc. eFiling is encouraged. More detailed Description: Notice of Termination of [email protected], or call information relating to filing Rate Schedule No. 271 of Duke Energy (866) 208–3676 (toll free). For TTY, call requirements, interventions, protests, Indiana, Inc. (202) 502–8659. service, and qualifying facilities filings Comment Date: 5:00 p.m. Eastern Filed Date: 12/15/15. can be found at: http://www.ferc.gov/ Time on December 30, 2015. Accession Number: 20151215–5121. docs-filing/efiling/filing-req.pdf. For Comments Due: 5 p.m. ET 1/5/16 other information, call (866) 208–3676 Dated: December 15, 2015. Docket Numbers: ER16–529–000. (toll free). For TTY, call (202) 502–8659. Nathaniel J. Davis, Sr., Applicants: Mesquite Solar 3, LLC. Dated: December 15, 2015. Deputy Secretary. Description: Initial rate filing: Nathaniel J. Davis, Sr., [FR Doc. 2015–31955 Filed 12–18–15; 8:45 am] Mesquite Solar 3, LLC Certificate of Deputy Secretary. BILLING CODE 6717–01–P Concurrence to Amended and Restated [FR Doc. 2015–31954 Filed 12–18–15; 8:45 am] Agmt to be effective 12/17/2015. BILLING CODE 6717–01–P Filed Date: 12/15/15. DEPARTMENT OF ENERGY Accession Number: 20151215–5124. Comments Due: 5 p.m. ET 1/5/16. Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Docket Numbers: ER16–530–000. Applicants: SEP II, LLC. Federal Energy Regulatory Combined Notice Of Filings #2 Description: § 205(d) Rate Filing: SEP Commission II, LLC Certificate of Concurrence to [Docket No. ER16–500–000] Take notice that the Commission Amended and Restated Agmt to be received the following electric rate effective 12/17/2015. RE Mustang 4 LLC; Supplemental filings: Filed Date: 12/15/15. Notice that Initial Market-Based Rate Docket Numbers: ER16–270–001. Accession Number: 20151215–5125. Filing Includes Request for Blanket Applicants: Midcontinent Comments Due: 5 p.m. ET 1/5/16. Section 204 Authorization Independent System Operator, Inc. Docket Numbers: ER16–531–000. This is a supplemental notice in the Description: Tariff Amendment: Applicants: Rolling Thunder I Power _ above-referenced proceeding RE 2015–12–15 SA 2863 Amendment to Partners, LLC. Mustang 4 LLC’s application for market- ATC Construction Management Description: § 205(d) Rate Filing: based rate authority, with an Agreement to be effective 10/30/2015. Revised Market-Based Rate Tariff to be accompanying rate tariff, noting that Filed Date: 12/15/15. effective 2/14/2016. Accession Number: 20151215–5161. such application includes a request for Filed Date: 12/15/15. Comments Due: 5 p.m. ET 1/5/16. blanket authorization, under 18 CFR Accession Number: 20151215–5133. part 34, of future issuances of securities Docket Numbers: ER16–524–000. Comments Due: 5 p.m. ET 1/5/16. Applicants: Wolverine Holdings, L.P. and assumptions of liability. Description: § 205(d) Rate Filing: Docket Numbers: ER16–532–000. Any person desiring to intervene or to Tariff Change to be effective 1/1/2016. Applicants: PJM Interconnection, protest should file with the Federal Filed Date: 12/15/15. L.L.C. Energy Regulatory Commission, 888 Accession Number: 20151215–5079. Description: § 205(d) Rate Filing: First Street NE., Washington, DC 20426, Comments Due: 5 p.m. ET 1/5/16. Revisions to OATT Att DD to Permit in accordance with Rules 211 and 214 Docket Numbers: ER16–525–000. Release of Capacity in Incremental of the Commission’s Rules of Practice Applicants: Mesquite Solar 1, LLC. Auctions to be effective 2/15/2016. and Procedure Description: § 205(d) Rate Filing: Filed Date: 12/15/15. (18 CFR 385.211 and 385.214). Mesquite Solar 1, LLC Amended and Accession Number: 20151215–5171. Anyone filing a motion to intervene or Restated Inter-Phase Co-Tenancy Comments Due: 5 p.m. ET 1/5/16. protest must serve a copy of that Agreement to be effective 12/17/2015. Docket Numbers: ER16–533–000. document on the Applicant.

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Notice is hereby given that the Take notice that the Commission Description: Tariff Cancellation: deadline for filing protests with regard received the following electric rate Notice of Cancellation of MBR Tariff to to the applicant’s request for blanket filings: be effective 12/15/2015. authorization, under 18 CFR part 34, of Docket Numbers: ER14–1776–006; Filed Date: 12/14/15. future issuances of securities and ER14–474–004. Accession Number: 20151214–5183. assumptions of liability, is January 6, Applicants: Broken Bow Wind II, Comments Due: 5 p.m. ET 1/4/16. 2016. LLC, Sempra Generation, LLC. Docket Numbers: ER16–517–000. The Commission encourages Description: Updated Market Power Applicants: Shelby County Energy electronic submission of protests and Analysis for the Southwest Power Pool Center, LLC. interventions in lieu of paper, using the Region of Broken Bow Wind II, LLC, et. Description: Baseline eTariff Filing: FERC Online links at http:// al. Baseline—MBR Tariff to be effective 1/ www.ferc.gov. To facilitate electronic Filed Date: 12/14/15. 28/2016. service, persons with Internet access Accession Number: 20151214–5184. Filed Date: 12/14/15. who will eFile a document and/or be Comments Due: 5 p.m. ET 2/12/16. Accession Number: 20151214–5185. Comments Due: 5 p.m. ET 1/4/16. listed as a contact for an intervenor Docket Numbers: ER15–949–003. The filings are accessible in the must create and validate an Applicants: Southwestern Public Commission’s eLibrary system by eRegistration account using the Service Company. clicking on the links or querying the eRegistration link. Select the eFiling Description: Compliance filing: 12– link to log on and submit the _ docket number. 14–15 SPS Compliance Filing to be Any person desiring to intervene or intervention or protests. effective 10/20/2014. Persons unable to file electronically protest in any of the above proceedings Filed Date: 12/14/15. must file in accordance with Rules 211 should submit an original and 5 copies Accession Number: 20151214–5234. of the intervention or protest to the and 214 of the Commission’s Comments Due: 5 p.m. ET 1/4/16. Regulations (18 CFR 385.211 and Federal Energy Regulatory Commission, Docket Numbers: ER15–2527–000. 888 First Street NE., Washington, DC 385.214) on or before 5:00 p.m. Eastern Applicants: Oasis Power, LLC. time on the specified comment date. 20426. Description: Report Filing: Refund The filings in the above-referenced Protests may be considered, but Report to be effective N/A. intervention is necessary to become a proceeding are accessible in the Filed Date: 12/14/15. Commission’s eLibrary system by party to the proceeding. Accession Number: 20151214–5207. eFiling is encouraged. More detailed clicking on the appropriate link in the Comments Due: 5 p.m. ET 1/4/16. information relating to filing above list. They are also available for Docket Numbers: ER15–2529–000. requirements, interventions, protests, electronic review in the Commission’s Applicants: Censtar Energy Corp. service, and qualifying facilities filings Public Reference Room in Washington, Description: Report Filing: Refund can be found at: http://www.ferc.gov/ DC. There is an eSubscription link on Report to be effective N/A. docs-filing/efiling/filing-req.pdf. For the Web site that enables subscribers to Filed Date: 12/14/15. other information, call (866) 208–3676 receive email notification when a Accession Number: 20151214–5204. (toll free). For TTY, call (202) 502–8659. document is added to a subscribed Comments Due: 5 p.m. ET 1/4/16. docket(s). For assistance with any FERC Dated: December 14, 2015. Online service, please email Docket Numbers: ER16–295–002. Nathaniel J. Davis, Sr., Applicants: Midcontinent [email protected]. or call Deputy Secretary. Independent System Operator, Inc. (866) 208–3676 (toll free). For TTY, call [FR Doc. 2015–31963 Filed 12–18–15; 8:45 am] (202) 502–8659. Description: Tariff Amendment: 2015–12–14_SA 1503 NSP-Mankato BILLING CODE 6717–01–P Dated: December 14, 2015. Sub. 2nd Rev. GIA (G261) to be effective Nathaniel J. Davis, Sr., 11/10/2015. DEPARTMENT OF ENERGY Deputy Secretary. Filed Date: 12/14/15. [FR Doc. 2015–31969 Filed 12–18–15; 8:45 am] Accession Number: 20151214–5186. Federal Energy Regulatory BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 1/4/16. Commission Docket Numbers: ER16–514–000. Applicants: AEP Texas North Combined Notice of Filings #1 DEPARTMENT OF ENERGY Company. Take notice that the Commission Description: § 205(d) Rate Filing: received the following electric corporate Federal Energy Regulatory TNC–RE Roserock Interconnection filings: Commission Agreement to be effective 11/19/2015. Docket Numbers: EC16–40–000 Combined Notice of Filings #2 Filed Date: 12/14/15. Accession Number: 20151214–5156. Applicants: Marina Energy, LLC. Description: Supplement to November Comments Due: 5 p.m. ET 1/4/16. Take notice that the Commission 25, 2015 Application for Authorization received the following electric corporate Docket Numbers: ER16–515–000. Under Section 203 of the Federal Power filings: Applicants: Public Service Company Act of Marina Energy, LLC. Docket Numbers: EC16–52–000. of Oklahoma. Filed Date: 12/11/15. Applicants: Twin Eagle Resource Description: § 205(d) Rate Filing: Accession Number: 20151211–5163. Management, LLC,TERM Holdings, LLC. PSO-Coffeyville Pricing Schedule Filing Comments Due: 5 p.m. ET 12/4/16. Description: Application under FPA to be effective 3/1/2016. Docket Numbers: EC16–51–000. Section 203 of Twin Eagle Resource Filed Date: 12/14/15. Applicants: Roosevelt Wind Project, Management, LLC, et. al. Accession Number: 20151214–5180. LLC, Milo Wind Project, LLC, RPG Filed Date: 12/14/15. Comments Due: 5 p.m. ET 1/4/16. Finale Investco, LLC. Accession Number: 20151214–5181. Docket Numbers: ER16–516–000. Description: Application for Comments Due: 5 p.m. ET 1/4/16. Applicants: Power Resources, Ltd. Authorization for Disposition of

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Jurisdictional Facilities, Requests for Filed Date: 12/14/15. as well as the buffer zone surrounding Confidential Treatment, Expedited Accession Number: 20151214–5118. the reservoirs located in Logan County, Action and Certain Waivers of Roosevelt Comments Due: 5 p.m. ET 1/4/16. Colorado, all as more fully set forth in Wind Project, LLC, Milo Wind Project, The filings are accessible in the the application which is on file with the LLC and RPG Finale Investco, LLC. Commission’s eLibrary system by Commission and open for public Filed Date: 12/11/15. clicking on the links or querying the inspection. The filing may also be Accession Number: 20151211–5237. docket number. viewed on the web at http:// Comments Due: 5 p.m. ET 1/4/16. Any person desiring to intervene or www.ferc.gov using the ‘‘eLibrary’’ link. Take notice that the Commission protest in any of the above proceedings Enter the docket number excluding the received the following electric rate must file in accordance with Rules 211 last three digits in the docket number filings: and 214 of the Commission’s field to access the document. For Docket Numbers: ER16–72–000. Regulations (18 CFR 385.211 and assistance, contact FERC at Applicants: San Gorgonio Westwinds 385.214) on or before 5:00 p.m. Eastern [email protected] or call II—Windustries, LLC. time on the specified comment date. toll-free, (866) 208–3676 or TTY, (202) Description: Second Supplement to Protests may be considered, but 502–8659. October 14, 2015 San Gorgonio intervention is necessary to become a Pursuant to section 157.9 of the Westwinds II—Windustries, LLC tariff party to the proceeding. Commission’s rules, 18 CFR 157.9, filing. eFiling is encouraged. More detailed within 90 days of this Notice the Filed Date: 12/9/15. information relating to filing Commission staff will either: Complete Accession Number: 20151209–5078. requirements, interventions, protests, its environmental assessment (EA) and Comments Due: 5 p.m. ET 12/30/15. service, and qualifying facilities filings place it into the Commission’s public Docket Numbers: ER16–182–000. can be found at: http://www.ferc.gov/ record (eLibrary) for this proceeding; or Applicants: Cameron Ridge II, LLC. docs-filing/efiling/filing-req.pdf. For issue a Notice of Schedule for Description: Supplement to October other information, call (866) 208–3676 Environmental Review. If a Notice of 30, 2015 Cameron Ridge II, LLC tariff (toll free). For TTY, call (202) 502–8659. Schedule for Environmental Review is filing. issued, it will indicate, among other Filed Date: 12/11/15. Dated: December 14, 2015. milestones, the anticipated date for the Accession Number: 20151211–5165. Nathaniel J. Davis, Sr., Commission staff’s issuance of the final Comments Due: 5 p.m. ET 1/4/16. Deputy Secretary. environmental impact statement (FEIS) Docket Numbers: ER16–328–001. [FR Doc. 2015–31962 Filed 12–18–15; 8:45 am] or EA for this proposal. The filing of the Applicants: Cogentrix Virginia BILLING CODE 6717–01–P EA in the Commission’s public record Financing Holding Company, LLC. for this proceeding or the issuance of a Description: Tariff Amendment: Notice of Schedule for Environmental Supplement to MBR Application to be DEPARTMENT OF ENERGY Review will serve to notify federal and effective 1/12/2016. state agencies of the timing for the Filed Date: 12/14/15. Federal Energy Regulatory completion of all necessary reviews, and Accession Number: 20151214–5078. Commission the subsequent need to complete all Comments Due: 5 p.m. ET 1/4/16. [Docket No. CP16–25–000] federal authorizations within 90 days of Docket Numbers: ER16–371–000. the date of issuance of the Commission Applicants: BioUrja Power, LLC. East Cheyenne Gas Storage, LLC; staff’s FEIS or EA. Description: Clarification to Notice of Application To Amend There are two ways to become November 20, 2015 BioUrja Power, LLC Certificate involved in the Commission’s review of tariff filing. this project. First, any person wishing to Filed Date: 12/11/15. Take notice that on November 30, obtain legal status by becoming a party Accession Number: 20151211–5270. 2015, East Cheyenne Gas Storage, LLC to the proceedings for this project Comments Due: 5 p.m. ET 1/4/16. (East Cheyenne) filed in Docket No. should, on or before the comment date Docket Numbers: ER16–454–000. CP16–25–000, pursuant to Section 7 (c) stated below, file with the Federal Applicants: Seward Generation, LLC. of the Natural Gas Act and Part 157 of Energy Regulatory Commission, 888 Description: Amendment to December the regulations of the Federal Energy First Street NE., Washington, DC 20426, 3, 2015 Seward Generation, LLC tariff Regulatory Commission (Commission), a a motion to intervene in accordance filing. request to amend the certificate of with the requirements of the Filed Date: 12/11/15. public convenience and necessity Commission’s Rules of Practice and Accession Number: 20151211–5059. issued by the Commission on August 2, Procedure (18 CFR 385.214 or 385.211) Comments Due: 5 p.m. ET 1/4/16. 2010, in Docket No. CP10–34–000 as and the Regulations under the NGA (18 Docket Numbers: ER16–512–000. amended in Docket Nos. CP11–40–000, CFR 157.10). A person obtaining party Applicants: Public Service Company CP12–35–000, CP12–124–000, and status will be placed on the service list of Colorado. CP14–486–000. maintained by the Secretary of the Description: Compliance filing: 2015– Any questions concerning this Commission and will receive copies of 12–14_Att O–SPS Global Stlmnt Filing application may be directed to: James all documents filed by the applicant and to be effective 10/20/2014. Hoff, Vice President, Reservoir by all other parties. A party must submit Filed Date: 12/14/15. Engineering, East Cheyenne Gas Storage, seven copies of filings made with the Accession Number: 20151214–5103. LLC, 10370 Richmond Avenue, Suite Commission and must mail a copy to Comments Due: 5 p.m. ET 1/4/16. 510, Houston, Texas 77042, telephone: the applicant and to every other party in Docket Numbers: ER16–513–000. (713) 403–6467, facsimile: (888) 861– the proceeding. Only parties to the Applicants: Gulf Oil Limited 5701. proceeding can ask for court review of Partnership. East Cheyenne seeks authorization to Commission orders in the proceeding. Description: Tariff Cancellation: expand the existing certificated However, a person does not have to notice of cancellation to be effective 12/ boundaries of the Project’s reservoirs in intervene in order to have comments 15/2015. the West Peetz and Lewis Creek fields considered. The second way to

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participate is by filing with the Dated: December 14, 2015. and all those who submit compliance Secretary of the Commission, as soon as Nathaniel J. Davis, Sr., reports to the EPA via any method (e.g., possible, an original and two copies of Deputy Secretary. via EPA’s Central Data Exchange, or comments in support of or in opposition [FR Doc. 2015–31964 Filed 12–18–15; 8:45 am] CDX), including those who engage in to this project. The Commission will BILLING CODE 6717–01–P reporting via the EPA Moderated consider these comments in Transaction System (EMTS). determining the appropriate action to be This action may also be of particular taken, but the filing of a comment alone ENVIRONMENTAL PROTECTION interest to parties such as suppliers of will not serve to make the filer a party AGENCY coal-based liquid fuels and suppliers of to the proceeding. The Commission’s [EPA–HQ–OAR–2015–0806; FRL–9940–40– petroleum products, as described in 40 rules require that persons filing OAR] CFR part 98 subparts LL and MM, comments in opposition to the project respectively. (40 CFR part 98, subpart A provide copies of their protests only to Access by EPA Contractors to contains general provisions related to the party or parties directly involved in Information Claimed as Confidential registration and reporting.) Parties who the protest. Business Information (CBI) Submitted may be interested in this notice include Persons who wish to comment only under Title II of the Clean Air Act and refiners, importers, and exporters of on the environmental review of this Related Regulations these products. project should submit an original and AGENCY: Environmental Protection This Federal Register notice may be two copies of their comments to the Agency (EPA). of particular relevance to parties that Secretary of the Commission. ACTION: Notice. have submitted data under the above- Environmental commenters will be listed programs or systems. Since other placed on the Commission’s SUMMARY: The Environmental Protection Agency (EPA)’s Office of Transportation parties may also be interested, the environmental mailing list, will receive Agency has not attempted to describe all copies of the environmental documents, and Air Quality (OTAQ) plans to authorize various contractors to access the specific parties that may be affected and will be notified of meetings by this action. If you have further associated with he Commission’s information which will be submitted to the EPA under Title II of the Clean Air questions regarding the applicability of environmental review process. this action to a particular party, please Environmental commenters will not be Act that may be claimed as, or may be contact the person listed in FOR FURTHER required to serve copies of filed determined to be, confidential business information (CBI). Access to this INFORMATION CONTACT. documents on all other parties. information, which is related to However, the non-party commenters II. How can I get copies of this registration of fuels and fuel additives will not receive copies of all documents document and other related under 40 CFR part 79; various fuels filed by other parties or issued by the information? reporting programs under 40 CFR part Commission (except for the mailing of 80; and reporting of various greenhouse A. Electronically environmental documents issued by the gas reporting items under the mandatory Commission) and will not have the right reporting rule of 40 CFR part 98, The EPA has established a public to seek court review of the subparts A, LL and MM will begin on docket for this Federal Register notice Commission’s final order. December 31, 2015. under Docket EPA–HQ–OAR–2015– The Commission strongly encourages DATES: The EPA will accept comments 0806. electronic filings of comments, protests, on this Notice through December 28, All documents in the docket are and interventions via the internet in lieu 2015. identified in the docket index available of paper. See 18 CFR 385.2001(a)(1)(iii) FOR FURTHER INFORMATION CONTACT: at http://www.regulations.gov. Although and the instructions on the Jaimee Dong, Environmental Protection listed in the index, some information is Commission’s Web site (www.ferc.gov) Agency, 1200 Pennsylvania Ave. NW., not publicly available, such as under the ‘‘e-Filing’’ link. Persons MC 6405A, Washington, DC, 20004; confidential business information (CBI) unable to file electronically should telephone number: 202–343–9672; fax or other information for which submit an original and five copies of the number: 202–343–2800; email address: disclosure is restricted by statute. protest or intervention to the Federal [email protected]. Certain materials, such as copyrighted Energy regulatory Commission, 888 SUPPLEMENTARY INFORMATION: material, will only be available in hard First Street NE., Washington, DC 20426. I. Does this Notice Apply to Me? copy at the EPA Docket Center. This filing is accessible on-line at http://www.ferc.gov, using the This action is directed to the general B. EPA Docket Center public. However, this action may be of ‘‘eLibrary’’ link and is available for Materials listed under Docket EPA– review in the Commission’s Public particular interest to parties who submit or have previously submitted HQ–OAR–2015–0806 will be available Reference Room in Washington, DC. for public viewing at the EPA Docket There is an ‘‘eSubscription’’ link on the information to the EPA regarding the following programs: fuel and fuel Center Reading Room, WJC West Web site that enables subscribers to additive registration (40 CFR part 79); Building, Room 3334, 1301 Constitution receive email notification when a and various fuels programs including Avenue NW., Washington, DC 20004. document is added to a subscribed reformulated gasoline, anti-dumping, The EPA Docket Center Public Reading docket(s). For assistance with any FERC gasoline sulfur, ultra low sulfur diesel, Room is open from 8:30 a.m. to 4:30 Online service, please email benzene content, and the renewable fuel p.m., Monday through Friday, excluding [email protected], or call standard (40 CFR part 80). Parties who Federal holidays. The telephone number (866) 208–3676 (toll free). For TTY, call may be interested include refiners, for the Reading Room is (202) 566–1744, (202) 502–8659. importers, producers of renewable fuels, and the telephone number for the Air Comment Date: January 4, 2016. parties who engage in RIN transactions, and Radiation Docket is (202) 566–1742.

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III. Description of Programs and that refiners produce to ensure Federal Insecticide, Fungicide, and Potential Disclosure of Information compliance with reformulated gasoline Rodenticide Act (FIFRA), is ongoing Claimed as Confidential Business standards. We are issuing this Federal until September 30, 2016. If the program Information (CBI) to Contractors Register notice to inform all affected is extended, this access will continue The EPA’s Office of Transportation submitters of information that we plan for the remainder of the program and and Air Quality (OTAQ) has to grant access to material that may be any future extensions without further responsibility for protecting public claimed as CBI to the contractors notice. health and the environment by identified below on a need-to-know Parties who want further information regulating air pollution from motor basis. about this Federal Register notice or vehicles, engines, and the fuels used to Under Contract Number EP–C–11– about OTAQ’s disclosure of information 007, CSRA, located at 3170 Fairview operate them, and by encouraging travel claimed as CBI to contactors may Park Drive, Falls Church, VA 22042, and choices that minimize emissions. In contact the person listed under FOR at 650 Peter Jefferson Parkway, Suite order to implement various Clean Air FURTHER INFORMATION CONTACT. 300, Charlottesville, VA 22901, and its Act programs, and to permit regulated Dated: December 15, 2015. subcontractor, Ecco Select, 1301 Oak entities flexibility in meeting regulatory Street, Suite 400, Kansas City, MO Byron J. Bunker, requirements (e.g., compliance on 64106, provide report processing, Director, Compliance Division, Office of average), we collect compliance reports program support, technical support, and Transportation & Air Quality, Office of Air and other information from them. and Radiation. information technology services that Occasionally, the information submitted involve access to information claimed as [FR Doc. 2015–32011 Filed 12–18–15; 8:45 am] is claimed to be confidential business CBI related to 40 CFR part 79, 40 CFR BILLING CODE 6560–50–P information (CBI). Information part 80, and 40 CFR part 98 subparts A, submitted under such a claim is LL, and MM. Access to data, including ENVIRONMENTAL PROTECTION handled in accordance with EPA’s information claimed as CBI, will regulations at 40 CFR part 2, subpart B commence on December 31, 2015. and AGENCY and in accordance with the EPA will continue until June 30, 2016. If the [FRL–9940–45–OA] procedures, including comprehensive contract is extended, this access will system security plans (SSPs) that are continue for the remainder of the Notification of a Public Meeting of the consistent with those regulations. When contract without further notice. Clean Air Scientific Advisory the EPA has determined that disclosure OTAQ utilizes the services of Committee (CASAC) Sulfur Oxides of information claimed as CBI to enrollees under the Senior Panel and a Public Teleconference of contractors is necessary, the Environmental Employment (SEE) the Chartered CASAC and the CASAC corresponding contract must address the program. Some SEE enrollees are Sulfur Oxides Panel appropriate use and handling of the provided through Grant Number CQ– AGENCY: information by the contractor and the 834621, the National Association for Environmental Protection contractor must require its personnel Hispanic Elderly (NAHE), located at 234 Agency (EPA). who require access to information East Colorado Boulevard, Suite 300, ACTION: Notice. claimed as CBI to sign written non- Pasadena, CA 91101, and through Grant disclosure agreements before they are SUMMARY: The Environmental Protection Numbers CQ–835372 and CQ–835572, Agency (EPA) Science Advisory Board granted access to data. the Senior Service America, Inc. (SSAI), (SAB) Staff Office announces a public In accordance with 40 CFR 2.301(h), located at 8403 Colesville Road, Suite meeting of the Clean Air Scientific we have determined that the 1200, Silver Spring, MD 20910. Access Advisory Committee (CASAC) Sulfur contractors, subcontractors, and to data relating to all of OTAQ’s Oxides Panel and a public grantees (collectively referred to as programs and to subparts A, LL, and teleconference of the Chartered CASAC ‘‘contractors’’) listed below require MM of the Mandatory GHG Reporting and CASAC Sulfur Oxides Panel to access to CBI submitted to us under the Rule, including information claimed as review of EPA’s Integrated Science Clean Air Act and in connection with CBI, is ongoing until December 31, 2016 Assessment (ISA) for Sulfur Oxides— the Mandatory Greenhouse Gas (GHG) for Grant Number CQ–834621, October Health Criteria (External Review Draft— Reporting Rule [40 CFR part 98, 14, 2016 for Grant Number CQ–835372, subparts A (general registration and and September 30, 2016 for Grant November 2015). reporting provisions) LL, and MM], as Number CQ–835572. If these grants are DATES: The face-to-face meeting will be well as various OTAQ programs related extended, this access will continue for held on Wednesday, January 27, 2016, to fuels, vehicles, and engines (40 CFR the remainder of the grants and any and Thursday, January 28, 2016. The parts 79 and 80) and we are providing future extensions without further notice. teleconference will be held on notice and an opportunity to comment. OTAQ also has fellows provided via Wednesday, April 6, 2016 from 2:00 OTAQ collects this data in order to the Oak Ridge Institute for Science and p.m. to 6:00 p.m. (Eastern Time). monitor compliance with Clean Air Act Education (ORISE) Intern/Research Location: The face-to-face meeting programs and, in many cases, to permit Participation Program. Some will be held at the DoubleTree by Hilton regulated parties flexibility in meeting participants are provided through Hotel Raleigh-Brownstone-University, regulatory requirements. For example, Interagency Agreement Number 1707 Hillsborough Street, Raleigh, North data that may contain CBI are collected DW89924039, the ORISE, located at Carolina. The public teleconference will to register fuels and fuel additives prior 1299 Bethel Valley Road, Building SC– be held by telephone only. Call-in to introduction into commerce. Certain 200, Oak Ridge, TN 37830. Access to information will be available on the programs are designed to permit data relating to all of OTAQ’s programs respective CASAC meeting Web pages regulated parties an opportunity to and to subparts A, LL, and MM of the or by contacting the Designated Federal comply on average, or to engage in Mandatory GHG Reporting Rule, Officer (DFO). transactions using various types of including information claimed as CBI, FOR FURTHER INFORMATION CONTACT: Any credits. For example, OTAQ collects but excluding CBI under the Toxic member of the public wishing to obtain information about batches of gasoline Substances Control Act (TSCA) and the information concerning the public

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meeting or teleconference may contact panels has a different purpose from Accessibility: For information on Mr. Aaron Yeow, DFO, EPA Science public comment provided to EPA access or services for individuals with Advisory Board Staff Office (1400R), program offices. Therefore, the process disabilities, please contact Mr. Aaron U.S. Environmental Protection Agency, for submitting comments to a federal Yeow at (202) 564–2050 or yeow.aaron@ 1200 Pennsylvania Avenue NW., advisory committee is different from the epa.gov. To request accommodation of a Washington, DC 20460; by telephone/ process used to submit comments to an disability, please contact Mr. Yeow voice mail at (202) 564–2050 or at EPA program office. preferably at least ten days prior to each [email protected]. General Federal advisory committees and meeting to give EPA as much time as information about the CASAC, as well panels, including scientific advisory possible to process your request. as any updates concerning the meetings committees, provide independent Dated: December 14, 2015. announced in this notice, may be found advice to EPA. Members of the public Thomas H. Brennan, on the CASAC Web page at http://www. can submit comments for a federal Deputy Director, EPA Science Advisory Staff epa.gov/casac. advisory committee to consider as it Office. SUPPLEMENTARY INFORMATION: The develops advice for EPA. Interested [FR Doc. 2015–31996 Filed 12–18–15; 8:45 am] members of the public may submit CASAC was established pursuant to the BILLING CODE 6560–50–P Clean Air Act (CAA) Amendments of relevant written or oral information on 1977, codified at 42 U.S.C. 7409(d)(2), to the topic of this advisory activity, and/ review air quality criteria and National or the group conducting the activity, for ENVIRONMENTAL PROTECTION Ambient Air Quality Standards the CASAC to consider during the AGENCY (NAAQS) and recommend any new advisory process. Input from the public NAAQS and revisions of existing to the CASAC will have the most impact [EPA–HQ–ORD–2015–0588; FRL–9940–38– criteria and NAAQS as may be if it provides specific scientific or ORD] appropriate. The CASAC is a Federal technical information or analysis for Human Studies Review Board; Advisory Committee chartered under CASAC panels to consider or if it relates Notification of Public Meetings the Federal Advisory Committee Act to the clarity or accuracy of the (FACA), 5 U.S.C., App. 2. Section technical information. Members of the AGENCY: Environmental Protection 109(d)(1) of the CAA requires that the public wishing to provide comment Agency (EPA). Agency periodically review and revise, should contact the DFO directly. Oral ACTION: Notice. as appropriate, the air quality criteria Statements: In general, individuals or and the NAAQS for the six ‘‘criteria’’ air groups requesting an oral presentation SUMMARY: The Environmental Protection pollutants, including sulfur oxides. EPA at a public face-to-face meeting will be Agency (EPA) Office of the Science is currently reviewing the primary limited to five minutes and on a public Advisor announces two separate public (health-based) NAAQS for sulfur teleconference will be limited to three meetings of the Human Studies Review dioxide (SO2), as an indicator for health minutes. Each person making an oral Board to advise the Agency on the effects caused by the presence of sulfur statement should consider providing ethical and scientific reviews of EPA oxides in the ambient air. Pursuant to written comments as well as their oral research with human subjects. FACA and EPA policy, notice is hereby statement so that the points presented DATES: A public virtual meeting will be given that the CASAC Sulfur Oxides orally can be expanded upon in writing. held on January 12–13, 2016, from 1:00 Panel will hold a public face-to-face Interested parties should contact Mr. p.m. to approximately 5:00 p.m. Eastern meeting to review EPA’s Integrated Aaron Yeow, DFO, in writing Standard Time each day. A separate Science Assessment for Sulfur Oxides— (preferably via email) at the contact teleconference meeting is planned for Health Criteria (External Review Draft— information noted above by January 20, Wednesday, March 30, 2016, from 1:00 November 2015). The CASAC Sulfur 2016, to be placed on the list of public p.m. to approximately 2:30 p.m. for the Oxides Panel will hold a public speakers for the face-to-face meeting and HSRB to finalize its Final Report of the teleconference to discuss its draft peer by March 30, 2016, for the January 12–13, 2016 meeting. review report and the Chartered CASAC teleconference. Written Statements: ADDRESSES: Both of these meetings will will discuss the disposition of the Written statements should be supplied be conducted entirely on the Internet panel’s report at the end of the to the DFO via email at the contact using Adobe Connect. For detailed teleconference. The Chartered CASAC information noted above by January 20, access information visit the HSRB Web and CASAC Sulfur Oxides Panel will 2016, for the face-to-face meeting and by site: http://www2.epa.gov/osa/human- comply with the provisions of FACA March 30, 2016, for the teleconference studies-review-board. and all appropriate SAB Staff Office so that the information may be made Comments: Submit your written procedural policies. available to the Panel members for their comments, identified by Docket ID No. Technical Contacts: Any technical consideration. It is the SAB Staff Office EPA–HQ–ORD–2015–0588, by one of questions concerning the Integrated general policy to post written comments the following methods: Science Assessment for Sulfur Oxides— on the Web page for the advisory Internet: http://www.regulations.gov: Health Criteria (External Review Draft— meeting or teleconference. Submitters Follow the online instructions for November 2015) should be directed to are requested to provide an unsigned submitting comments. Dr. Tom Long ([email protected]), EPA version of each document because the Email: [email protected]. Office of Research and Development. SAB Staff Office does not publish Mail: The EPA Docket Center EPA/ Availability of Meeting Materials: documents with signatures on its Web DC, ORD Docket, Mail code: 28221T, Prior to the meeting, the review sites. Members of the public should be 1200 Pennsylvania Avenue NW., documents, agenda and other materials aware that their personal contact Washington, DC 20460. will be available on the CASAC Web information, if included in any written Hand Delivery: The EPA/DC Public page at http://www.epa.gov/casac/. comments, may be posted to the CASAC Reading Room is located in the EPA Procedures for Providing Public Input: Web site. Copyrighted material will not Headquarters Library, Room Number Public comment for consideration by be posted without explicit permission of 3334 in the EPA WJC West, at 1301 EPA’s federal advisory committees and the copyright holder. Constitution Avenue NW., Washington,

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DC 20460. The hours of operation are Procedures for providing public input: excluding federal holidays. Please call 8:30 a.m. to 4:30 p.m. Eastern Time, Interested members of the public may (202) 566–1744 or email the ORD Monday through Friday, excluding submit relevant written or oral Docket at [email protected] for federal holidays. Please call (202) 566– comments for the HSRB to consider instructions. Updates to Public Reading 1744 or email the ORD Docket at during the advisory process. Additional Room access are available on the Web [email protected] for instructions. information concerning submission of site (http://www.epa.gov/epahome/ Updates to Public Reading Room access relevant written or oral comments is dockets.htm). are available on the Web site at: http:// provided in Section I, ‘‘Public Meeting’’ The Agency’s position paper(s), www.epa.gov/epahome/dockets.htm. under subsection D. ‘‘How May I charge/questions to the HSRB, and the Instructions: The Agency’s policy is Participate in this Meeting?’’ of this meeting agenda will be available by late that all comments received will be notice. December 2015. In addition, the Agency included in the public docket without may provide additional background I. Public Meeting change and may be made available documents as the materials become online at http://www.regulations.gov, A. Does this action apply to me? available. You may obtain electronic including any personal information This action is directed to the public copies of these documents, and other provided, unless the comment includes in general. This Notice may, however, related documents that are available information claimed to be Confidential be of particular interest to persons who electronically, from the regulations.gov Business Information or other conduct or assess human studies, Web site and the EPA HSRB Web site information the disclosure of which is especially studies on substances at http://www2.epa.gov/osa/human- restricted by statute. Do not submit regulated by the EPA, or to persons who studies-review-board. For questions on information that you consider to be CBI are, or may be required to conduct document availability, or if you do not or otherwise protected through http:// testing of chemical substances under the have access to the Internet, consult with FOR FURTHER www.regulations.gov or email. The Federal Food, Drug, and Cosmetic Act Jim Downing listed under http://www.regulations.gov Web site is or the Federal Insecticide, Fungicide, INFORMATION CONTACT. an ‘‘anonymous access’’ system, which and Rodenticide Act. This notice might C. What should I consider as I prepare means EPA will not know your identity also be of special interest to participants my comments for the EPA? or contact information unless you of studies involving human subjects, or You may find the following provide it in the body of your comment. representatives of study participants or If you send an email comment directly suggestions helpful for preparing your experts on community engagement. The comments: to the EPA without going through http:// Agency has not attempted to describe all www.regulations.gov, your email 1. Explain your views as clearly as the specific entities that may have possible. address will be automatically captured interest in human subjects research. If and included as part of the comment 2. Describe any assumptions that you you have any questions regarding this used. that is placed in the public docket and notice, consult with Jim Downing listed made available on the Internet. If you 3. Provide copies of any technical under FOR FURTHER INFORMATION submit an electronic comment, the EPA information and/or data that you used to CONTACT. recommends that you include your support your views. 4. Provide specific examples to name and other contact information in B. How can I access electronic copies of illustrate your concerns and suggest the body of your comment and with any this document and other related alternatives. electronic storage media you submit. If information? 5. To ensure proper receipt by the the EPA cannot read your comment due In addition to using regulations.gov, EPA, be sure to identify the Docket ID to technical difficulties and cannot you may access this Federal Register number assigned to this action in the contact you for clarification, the EPA document electronically through the subject line on the first page of your may not be able to consider your EPA Internet under the ‘‘Federal response. You may also provide the comment. Electronic files should avoid Register’’ listings at http:// name, date, and Federal Register the use of special characters, any form www.epa.gov/fedrgstr/. citation. of encryption, and be free of any defects Docket: All documents in the docket or viruses. are listed in the http:// D. How may I participate in this FOR FURTHER INFORMATION CONTACT: Any www.regulations.gov index. Although meeting? member of the public who wishes to all documents are listed in the index, You may participate in these meetings receive further information should certain documents are not publicly by following the instructions in this contact Jim Downing on telephone available, e.g., CBI or other information section. To ensure proper receipt by the number (202) 564–2468; fax number: whose disclosure is restricted by statute. EPA, it is imperative that you identify (202) 564–2070; email address: Certain other material, such as Docket ID number EPA–HQ–ORD– [email protected]; or mailing copyrighted material, will be publicly 2015–0588 in the subject line on the address Environmental Protection available only in hard copy. Publicly first page of your request. Agency, Office of the Science Advisor, available docket materials are available 1. Oral comments. Requests to present Mail code 8105R, 1200 Pennsylvania either electronically in http:// oral comments during either conference Avenue NW., Washington, DC 20460. www.regulations.gov or in hard copy at call will be accepted up to Noon Eastern General information concerning the EPA the ORD Docket, EPA Docket Center, in Time on Wednesday, January 6, 2016, HSRB can be found on the EPA Web site the Public Reading Room. The Public for the January 12–13, 2016 meeting and at: http://www2.epa.gov/osa/human- Reading Room is located in the EPA up to Noon Eastern Time on studies-review-board. Headquarters Library, Room Number Wednesday, March 23, 2016 for the SUPPLEMENTARY INFORMATION: 3334 in the EPA WJC West, at 1301 March 30, 2016 conference call. To the Meeting access: Access to these Constitution Avenue NW., Washington, extent that time permits, interested Internet meetings are open to all by DC 20460. The hours of operation are persons who have not pre-registered following the information provided 8:30 a.m. to 4:30 p.m. Eastern Standard may be permitted by the Chair of the above. Time, Monday through Friday, HSRB to present oral comments during

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either call. Individuals or groups E. Background SC Johnson Personal Mosquito wishing to make brief oral comments to The HSRB is a Federal advisory Repellent Products to Support their Use the HSRB on January 12–13, 2016 are committee operating in accordance with of the EPA Repellency Awareness strongly advised to submit their request the Federal Advisory Committee Act 5 Graphic, GLP Study Number 873E1, C. (preferably via email) to Jim Downing, U.S.C. App.2 9. The HSRB provides Talbert, October 21, 2015. Test listed under FOR FURTHER INFORMATION advice, information, and Substance: MARK–8 OFF! Deep Woods CONTACT no later than noon, Eastern recommendations to the EPA on issues Insect Repellent V (OFF! Insect Time, Wednesday, January 6, 2016 in related to scientific and ethical aspects Repellent Formula, EPA Reg. No. 4822– order to be included on the meeting of human subjects research. The major 167) agenda and to provide sufficient time objectives of the HSRB are to provide On Wednesday, March 30, 2016 the for the HSRB Chair and HSRB advice and recommendations on: (1) HSRB will approve its Final Report of Designated Federal Official to review Research proposals and protocols; (2) the January 12–13, 2016 meeting. the meeting agenda to provide an reports of completed research with 2. Meeting minutes and reports. appropriate public comment period. human subjects; and (3) how to Minutes of these meetings, summarizing Individuals or groups wishing to make strengthen EPA’s programs for the matters discussed and brief oral comments to the HSRB during protection of human subjects of recommendations, if any, made by the the March 30, 2016 teleconference research. The HSRB reports to the EPA advisory committee regarding such should submit their request by Noon Administrator through the Agency’s matters, will be released within 90 Eastern Time on Wednesday, March 23, Science Advisor. calendar days of the meeting. Such 2016. The request should identify the 1. Topics for discussion. On Tuesday, minutes will be available at http:// name of the individual making the January 12–13, 2016, EPA’s Human www2.epa.gov/osa/human-studies- review-board and http:// presentation and the organization (if Studies Review Board will consider www.regulations.gov. In addition, any) the individual will represent. Oral seven scientific and ethical topics: (1) information regarding the HSRB’s Final comments before the HSRB are Assessing intermittent pesticide Report, will be found at http:// generally limited to five minutes per exposure from flea control collars www2.epa.gov/osa/human-studies- individual or organization. Please note containing the organophosphorus review-board or from the person listed that this includes all individuals insecticide tetrachlorvinphos, authored under FOR FURTHER INFORMATION appearing either as part of, or on behalf by M. Keith Davis, J. Scott Boone, John CONTACT. of, an organization. While it is our E. Moran, John W. Tyler, and Janice E. intent to hear a full range of oral Chambers. Journal of Exposure Science Dated: December 14, 2015. comments on the science and ethics and Environmental Epidemiology (2008) Thomas A. Burke, issues under discussion, it is not our 18, 564–570; (2) Field Testing of SC EPA Science Advisor. intent to permit organizations to expand Johnson Personal Mosquito Repellent [FR Doc. 2015–32021 Filed 12–18–15; 8:45 am] Products to Support their Use of the the time limitations by having BILLING CODE P numerous individuals sign up EPA Repellency Awareness Graphic, separately to speak on their behalf. If GLP Study Number 865E1, J. Palm, additional time is available, further September 24, 2015. Test Substance: ENVIRONMENTAL PROTECTION public comments may be possible. MARK–3 OFF! Deep Woods Sportsmen AGENCY Insect Repellent I (Maximum Strength 2. Written comments. Submit your Pump Spray Deep Woods OFF! EPA [FLR–9940–43–Region 10] written comments prior to the meetings. Reg. No. 4822–276); (3) Field Testing of Proposed Reissuance of NPDES For the Board to have the best SC Johnson Personal Mosquito General Permit for Discharges From opportunity to review and consider your Repellent Products to Support their Use Federal Aquaculture Facilities and comments as it deliberates, you should of the EPA Repellency Awareness Aquaculture Facilities Located in submit your comments by Noon Eastern Graphic, GLP Study Number 864E1, J. Indian Country Within the Boundaries Time on Wednesday, January 6, 2016 for Palm, September 24, 2015. Test of Washington State (Permit Number the January 12–13, 2016 meeting, and by Substance: MARK–2 OFF! Deep Woods WAG130000) noon Eastern Time on Wednesday, Sportsmen Insect Repellent II March 23, 2016 for the March 30, 2016 (UNSCENTED DEEP WOODS OFF! EPA AGENCY: Environmental Protection teleconference. If you submit comments Reg. No. 4822–397); (4) Field Testing of Agency (EPA). after these dates, those comments will SC Johnson Personal Mosquito ACTION: Notice of proposed reissuance of be provided to the HSRB members, but Repellent Products to Support their Use NPDES General Permit and request for you should recognize that the HSRB of the EPA Repellency Awareness public comment. members may not have adequate time to Graphic, GLP Study Number 867E1, E. consider your comments prior to their Laznicka, October 21, 2015. Test SUMMARY: The Director, Office of Water discussion. You should submit your Substance: MARK–5 OFF! Family Care and Watersheds, Environmental comments using the instructions in Insect Repellent IV (Unscented) Protection Agency (EPA) Region 10, is Section I., under subsection C., ‘‘What (UNSCENTED OFF! SKINTASTIC proposing to reissue a National Should I Consider as I Prepare My SPRAY INSECT REPELLENT, EPA Reg. Pollutant Discharge Elimination System Comments for the EPA?’’ In addition, No. 4822–395); (5) Field Testing of SC (NPDES) General Permit for Federal the agency also requests that persons Johnson Personal Mosquito Repellent Aquaculture Facilities and Aquaculture submitting comments directly to the Products to Support their Use of the Facilities Located in Indian Country docket also provide a copy of their EPA Repellency Awareness Graphic, within the Boundaries of Washington comments to Jim Downing listed under GLP Study Number 866E1, E. Laznicka, State (General Permit). The draft FOR FURTHER INFORMATION CONTACT. October 21, 2015. Test Substance: General Permit contains effluent There is no limit on the length of MARK–4 OFF! Active Insect Repellent I limitations, along with administrative written comments for consideration by (Unscented OFF! Insect Repellent, EPA reporting and monitoring requirements, the HSRB. Reg. No. 4822–380); 6.) Field Testing of as well as standard conditions,

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prohibitions, and management at: http://yosemite.epa.gov/R10/WATER. under NEPA. EPA also determined that practices. A fact sheet is available that NSF/NPDES+Permits/General+NPDES+ CZARA does not apply. explains the draft General Permit in Permits#WA .Requests may also be Essential Fish Habitat (EFH). The detail. made to Audrey Washington at (206) Magnuson-Stevens Fishery Management Section 401 of the Clean Water Act, 553–0523 or washington.audrey@ and Conservation Act requires EPA to 33 U.S.C. 1341, requires EPA to seek a epa.gov. consult with NOAA–NMFS when a certification from the State of Public Hearing: Persons wishing to proposed discharge has the potential to Washington, and Indian Tribes with request a public hearing should submit adversely affect a designated EFH. The Treatment as a State for Water Quality their written request by March 31, 2016 EFH regulations define an adverse effect Standards, that the conditions of the stating the nature of the issues to be as ‘‘any impact which reduces quality General Permit are stringent enough to raised as well as the requester’s name, and/or quantity of EFH . . . [and] may comply with State water quality address, and telephone number to include direct (e.g. contamination or standards. The Washington Department Catherine Gockel at the address above. physical disruption), indirect (e.g. loss of Ecology (Ecology) and the Lummi, If a public hearing is scheduled, notice of prey, reduction in species’ fecundity), Makah, Spokane, and Tulalip Tribes will be published in the Federal site-specific or habitat-wide impacts, have provided draft certification that the Register. Notice will also be posted on including individual, cumulative, or draft General Permit complies with the Region 10 Web site, and will be synergistic consequences of actions.’’ applicable Water Quality Standards. mailed to all interested persons NMFS may recommend measures for EPA will seek final certification from receiving letters of the availability of the attachment to the federal action to Ecology and tribes prior to issuing the draft General Permit. protect EFH; however, such General Permit. This is also notice of the FOR FURTHER INFORMATION CONTACT: recommendations are advisory, and not draft § 401 certification provided by Additional information can be obtained prescriptive in nature. EPA has Ecology and tribes. Persons wishing to by contacting Catherine Gockel, Office evaluated the Draft General Permit and comment on the draft § 401 of Water and Watersheds, U.S. has made the determination that certifications should send written Environmental Protection Agency, issuance of the General Permit will is comments to the contacts in the fact Region 10. Contact information is not likely to adversely affect EFH. sheet. included above. Executive Order 12866: The Office of DATES: The public comment period for Other Legal Requirements Management and Budget (OMB) the draft General Permit will be from the exempts this action from the review Endangered Species Act [16 U.S.C. date of publication of this Notice until requirements of Executive Order 12866 1531 et al.]. Section 7 of the Endangered March 31, 2016. Comments must be pursuant to Section 6 of that order. received or postmarked by no later than Species Act (ESA) requires Federal agencies to consult with NOAA Economic Impact [Executive Order midnight Pacific Standard Time on 12291]: The EPA has reviewed the effect March 31, 2016. All comments related Fisheries (NMFS) and the U.S. Fish and Wildlife Service (USFWS) (the Services) of Executive Order 12291 on this Draft to the draft General Permit and Fact General Permit and has determined that Sheet received by EPA Region 10 by the if their actions have the potential to either beneficially or adversely it is not a major rule pursuant to that comment deadline will be considered Order. prior to issuing the General Permit. affect any threatened or endangered species. EPA has analyzed the Paperwork Reduction Act [44 U.S.C. Submitting Comments: You may 3501 et seq.] The EPA has reviewed the submit comments by any of the discharges proposed to be authorized by the draft General Permit, and their requirements imposed on regulated following methods. All comments must facilities in the Draft General Permit and include the name, address, and potential to adversely affect any of the threatened or endangered species or finds them consistent with the telephone number of the commenter. Paperwork Reduction Act of 1980, 44 Mail: Send paper comments to their designated critical habitat areas in U.S.C. 3501 et seq. Catherine Gockel, Office of Water and the vicinity of the discharges. Based on Watersheds; USEPA Region 10; 1200 6th this analysis, EPA has determined that Regulatory Flexibility Act [5 U.S.C. Ave., Suite 900, OWW–191; Seattle, the issuance of this permit is not likely 601 et seq.] The Regulatory Flexibility Washington 98101. to adversely affect any threatened or Act (RFA) requires that EPA prepare an Email: Send electronic comments to endangered species in the vicinity of the initial regulatory flexibility analysis for [email protected]. Write discharge. rules subject to the requirements of the ‘‘Comments on the Draft Aquaculture National Environmental Policy Act Administrative Procedures Act [APA, 5 General Permit’’ in the subject line. (NEPA) [42 U.S.C. 4321 et.seq.] and U.S.C. 553] that have a significant Fax: Fax comments to the attention of Other Federal Requirements. impact on a substantial number of small Catherine Gockel at (206) 553–1280. Regulations at 40 CFR 122.49, list the entities. However, EPA has concluded Hand Delivery/Courier: Deliver federal laws that may apply to the that NPDES General Permits are not comments to Catherine Gockel, EPA issuance of permits i.e., ESA, National rulemakings under the APA, and thus Region 10, Office of Water and Historic Preservation Act, the Coastal not subject to APA rulemaking Watersheds, Mail Stop OWW–191, 1200 Zone Act Reauthorization Amendments requirements or the RFA. (CZARA), NEPA, and Executive Orders, 6th Avenue, Suite 900, Seattle, WA Unfunded Mandates Reform Act 98101–3140. Call (206) 553–0523 before among others. The NEPA compliance delivery to verify business hours. program requires analysis of Section 201 of the Unfunded Viewing and/or Obtaining Copies of information regarding potential impacts, Mandates Reform Act (UMRA), Public Documents. A copy of the draft General development and analysis of options to Law 104–4, generally requires Federal Permit and the Fact Sheet, which avoid or minimize impacts; and agencies to assess the effects of their explains the proposal in detail, may be development and analysis of measures regulatory actions (defined to be the obtained by contacting EPA at 1 (800) to mitigate adverse impacts. EPA same as rules subject to the RFA) on 424–4372. determined that no Environmental tribal, state, and local governments, and Copies of the documents are also Assessments (EAs) or Environmental the private sector. However, General available for viewing and downloading Impact Statements (EISs) are required NPDES Permits are not rules subject to

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the requirements of the APA, and are, future that would meet both of the required under the RRP rule to perform therefore, not subject to the UMRA. performance criteria. renovations for compensation in target Authority: This action is taken under the DATES: Comments must be received on housing or child-occupied facilities. authority of Section 402 of the Clean Water or before February 19, 2016. Examples of child-occupied facilities are day-care centers, preschools, and Act as amended, 42 U.S.C. 1342. I hereby ADDRESSES: Submit your comments, provide public notice of the Draft General identified by docket identification (ID) kindergarten classrooms. Permit for Federal Aquaculture Facilities and Aquaculture Facilities Located in Indian number EPA–HQ–OPPT–2015–0780, by B. What should I consider as I prepare one of the following methods: my comments for EPA? Country within the Boundaries of • Washington State in accordance with 40 CFR Federal eRulemaking Portal: http:// 1. Submitting CBI. Do not submit this 124.10. www.regulations.gov. Follow the online information to EPA through Dated: December 14, 2015. instructions for submitting comments. regulations.gov or email. Clearly mark Do not submit electronically any Daniel D. Opalski, the part or all of the information that information you consider to be you claim to be CBI. For CBI Director, Office of Water and Watersheds, Confidential Business Information (CBI) Region 10. information in a disk or CD–ROM that or other information whose disclosure is [FR Doc. 2015–32026 Filed 12–18–15; 8:45 am] you mail to EPA, mark the outside of the restricted by statute. disk or CD–ROM as CBI and then BILLING CODE 6560–50–P • Mail: Document Control Office identify electronically within the disk or (7407M), Office of Pollution Prevention CD–ROM the specific information that and Toxics (OPPT), Environmental ENVIRONMENTAL PROTECTION is claimed as CBI. In addition to one Protection Agency, 1200 Pennsylvania AGENCY complete version of the comment that Ave. NW., Washington, DC 20460–0001. includes information claimed as CBI, a • Hand Delivery: To make special [EPA–HQ–OPPT–2015–0780; FRL–9939–68] copy of the comment that does not arrangements for hand delivery or contain the information claimed as CBI Lead; Renovation, Repair and Painting delivery of boxed information, please must be submitted for inclusion in the Program; Lead Test Kit; Notice of follow the instructions at http://www. public docket. Information so marked Opening of Comment Period epa.gov/dockets/contacts.html. will not be disclosed except in Additional instructions on accordance with procedures set forth in AGENCY: Environmental Protection commenting or visiting the docket, 40 CFR part 2. Agency (EPA). along with more information about 2. Tips for preparing your comments. ACTION: Notice. dockets generally, is available at http:// When preparing and submitting your www.epa.gov/dockets. The docket for comments, see the commenting tips at SUMMARY: EPA is opening a comment this action will remain open until http://www.epa.gov/dockets/ period to allow for further public February 19, 2016. comments.html. comment on lead test kits and other FOR FURTHER INFORMATION CONTACT: For II. What action is the Agency taking? field testing options as suggested in technical information contact: EPA’s Fiscal Year 2015 Appropriations The Agency’s lead information On April 22, 2008, EPA published the Act policy rider. Among other things, Contact Us form at http://www2.epa. Lead Renovation, Repair, and Painting the 2008 Lead Renovation, Repair, and gov/lead/forms/contact-us or visit rule. It requires contractors to use lead- Painting rule (RRP) established www2.epa.gov/lead. You may also safe work practices during renovation, performance recognition criteria for lead contact Toiya Goodlow, National repair, and painting activities that test kits for use as an option to Program Chemicals Division (7404M), disturb lead-based paint in target determine if regulated lead-based paint Office of Pollution Prevention and housing and child-occupied facilities is not present in target housing and Toxics, Environmental Protection built before 1978 unless a determination child-occupied facilities. The use of an Agency, 1200 Pennsylvania Ave. NW., can be made that no lead-based paint EPA-recognized lead test kit, when used Washington, DC 20460; telephone would be disturbed during the by a trained professional, can reliably number: (202) 566–2305; email address: renovation or repair (Ref. 1). The use of determine that regulated lead-based [email protected]. an EPA-recognized lead test kit, when paint is not present by virtue of a For general information contact: The used by a trained professional, can negative result. The RRP rule also National Lead Information Center, reliably determine that regulated lead- established negative response and ABVI-Goodwill, 422 South Clinton based paint is not present by virtue of positive response criteria for lead test Ave., Rochester, NY 14620; telephone a negative result. The federal standards kits recognized by EPA. No lead test kit number: 1–800–424–LEAD (5323); for lead-based paint in target housing has been developed that meets the online information request form: http:// and child-occupied facilities is a lead positive response criterion. On June 4, www2.epa.gov/lead/forms/lead-hotline- content in paint that equals or exceeds 2015, EPA hosted a public meeting and national-lead-information-center. a level of 1.0 milligram per square webinar to solicit input from centimeter (mg/cm2) or 0.5 percent by SUPPLEMENTARY INFORMATION: stakeholders in an effort to understand weight. If regulated lead-based paint is the current state of the science for lead I. General Information not present, there is no requirement to test kits and lead-based paint field employ lead-safe work practices under A. Does this action apply to me? testing alternatives, as well as the the RRP rule. existing market and potential This document is directed to The RRP rule established negative availability of additional lead test kits. stakeholders that develop, manufacture response and positive response criteria To date, no company’s lead test kit has and/or sell lead test kits or other lead- outlined in 40 CFR 745.88(c) for lead met both the negative response and based paint field testing instruments. test kits recognized by EPA. Lead test positive response criteria outlined in the You may be potentially affected by this kits recognized before September 1, RRP rule. Based on stakeholder input, action if you manufacture or sell lead 2010, must meet only the negative EPA is unaware of any lead test kit test kits, or if you use lead test kits to response criterion outlined in 40 CFR available now or in the foreseeable determine if lead-safe work practices are 745.88(c)(1). The negative response

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criterion states that for paint containing accreditation organizations and • Exploring any other lead-based lead at or above the regulated level, 1.0 laboratories, and state and federal paint field testing technology that mg/cm2 or 0.5% by weight, a government staff members. Ninety-five would provide reduced costs for demonstrated probability (with 95% people participated in the meeting and consumers, remodelers and families to confidence) of a negative response less 12 public comments were submitted to comply with the RRP rule. than or equal to 5% of the time must be the public docket. EPA also held three Commenters should provide technical met. The recognition of kits that meet individual meetings with lead test kit information and data used to only this criterion will last until EPA developers and trade associations. substantiate your recommendation. See publicizes its recognition of the first EPA has carefully reviewed the the commenting tips at http://www2. lead test kit that meets both the negative comments and recommendations epa.gov/dockets/commenting-epa- and positive response criteria outlined received through these stakeholder dockets#tips for further information on in the rule. outreach efforts. Stakeholders provided preparing and submitting comments. Lead test kits recognized after comments on the following topics: lead Comments must be received on or September 1, 2010, must meet both the test kits, X-Ray Fluorescence (XRF) before February 19, 2016. negative response and positive response testing, limiting the scope of the RRP Additionally and separately, EPA will criteria outlined in 40 CFR 745.88(c)(1) rule, NLLAP testing, the lead-based provide a subsequent opportunity to and (2). The positive response criterion paint definition, EPA’s Environmental provide public comment through the states that for paint containing lead Technology Verification (ETV) Program, Regulatory Flexibility Act, section 610, below the regulated level, 1.0 mg/cm2 or the economic analysis supporting the review of the RRP rule. Public 0.5% by weight, a demonstrated RRP rule, and harmonization of comments requested at that time will be probability (with 95% confidence) of a regulatory standards. Based on related to broader stakeholder positive response less than or equal to stakeholder input, EPA is unaware of recommendations regarding the RRP 10% of the time must be met. any lead test kit available now or in the rule. For more information about the Qualitatively speaking, lead test kits foreseeable future that would meet both Regulatory Flexibility Act, section 610, recognized by EPA should also serve as the positive response and negative reviews, please visit http://www2.epa. response criteria. EPA concluded that a quick, inexpensive, reliable, and easy gov/reg-flex/section-610-reviews. to perform option for lead-based paint no recommendation received thus far testing in the field. would provide an immediate solution to III. References allow for a lead test kit that would meet To date no lead test kit has met both As indicated under ADDRESSES, a of the performance criteria outlined in both of the performance criteria and docket has been established for this the RRP rule. However, there are two have the potential to ‘‘reduce costs for notice under docket ID number EPA– EPA-recognized lead test kits consumers, remodelers and families,’’ HQ–OPPT–2015–0780. The following is commercially available nationwide that per the EPA Fiscal Year 2015 a listing of the documents that are meet the negative response criterion and Appropriations Act policy rider. specifically referenced in this At this time, EPA has no plans or continue to be recognized by EPA on document. The docket includes these resources to sponsor additional testing such basis. documents and other information of kits as was done previously through The report accompanying the EPA considered by EPA, including the agency’s ETV Program. However, Fiscal Year 2015 Appropriations Act documents that are referenced within lead test kit manufacturers are allowed included a policy rider that states: the documents that are included in the at any time to submit to EPA data on docket, even if the referenced document Lead Test Kit-In 2008, EPA adopted the their kit’s performance that is based on is not physically located in the docket. Lead Renovation, Repair, and Painting rule an EPA approved ETV-equivalent test which included criteria by which the Agency For assistance in locating these other protocol. If a newly-developed lead test could certify a test kit that contractors could documents, please consult the technical kit is shown to meet both the positive use onsite to comply with the rule; yet, 6 person listed under FOR FURTHER response and negative response criteria, years later no kit has been developed that INFORMATION CONTACT. meet these standards. The Agency is directed EPA would recognize the lead test kit as to prioritize efforts with stakeholders in fiscal meeting both criteria under 40 CFR 1. EPA. Lead; Renovation, Repair, and year 2015 to identity solutions that would 745.88(c). Painting Program; Final Rule, Federal allow for a test kit to meet the criteria within Given this current status and the Register, April 22, 2008 (73 FR 21692) the 2008 rule to reduce costs for consumers, input received from stakeholders, EPA (FRL–8355–7). remodelers and families to comply with the 2. 160 Cong. Rec. H9,307, H9,767 (daily ed. is opening a comment period to allow Dec. 11, 2014) (Explanatory Statement rule. If no solution is reached by the end of for further public comment on lead test the fiscal year, EPA should revisit the test kit Submitted by Mr. Rogers of Kentucky, criteria in the 2008 rule and solicit public kits and other field testing options as Chairman of the House Committee on comment on alternatives (Ref. 2). suggested in EPA Fiscal Year 2015 Appropriations regarding the House Appropriations Act policy rider. Amendment to the Senate Amendment In response, EPA solicited input from Without proposing any regulatory on H.R. 83) (mentioning lead test kits). stakeholders in an effort to understand amendments at this time, EPA is 3. EPA. Lead; Renovation, Repair and the current state of the science for lead specifically soliciting comment on the Painting Program; Lead Test Kit test kits and lead-based paint field following potential lead test kit and Stakeholder Meeting; Notice of Public testing alternatives, as well as the Meeting. Federal Register, May 14, 2015 field testing options: (80 FR 27621) (FRL–9927–40). existing market and potential • Proposing to eliminate the positive availability of additional lead test kits response criterion; Authority: 15 U.S.C. 2601 et seq. (Ref. 3). On June 4, 2015, EPA hosted a • Proposing to modify the positive public meeting and webinar with response criterion; Dated: December 14, 2015. stakeholders including lead test kit • Maintaining the current negative James Jones, developers and manufacturers, non- response and positive response criteria; Assistant Administrator, Office of Chemical governmental organizations, trade • Proposing to provide reduced RRP Safety and Pollution Prevention. associations, National Lead Laboratory certification training requirements for [FR Doc. 2015–31994 Filed 12–18–15; 8:45 am] Accreditation Program (NLLAP) XRF technicians; and BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION determination in a public meeting about the Board members for their AGENCY each draft report and determines consideration. It is the SAB Staff Office whether the report is ready to be general policy to post written comments [FRL–9940–44–OA] transmitted to the EPA Administrator. on the Web page for the advisory Notification of a Public Teleconference For the EPA’s Toxicological Review of meeting or teleconference. Submitters of the Chartered Science Advisory Benzo[a]pyrene, External Review Draft are requested to provide an unsigned Board (September, 2014), the ORD conducted version of each document because the a qualitative characterization of the SAB Staff Office does not publish AGENCY: Environmental Protection hazards for benzo[a]pyrene, including a documents with signatures on its Web Agency (EPA). cancer descriptor of the chemical’s sites. Members of the public should be ACTION: Notice. human carcinogenic potential, cancer aware that their personal contact risk estimates for oral, inhalation and information, if included in any written SUMMARY: The EPA Science Advisory dermal exposure, and noncancer comments, may be posted to the SAB Board (SAB) Staff Office announces a toxicity values for chronic oral Web site. Copyrighted material will not public teleconference to review a draft (reference dose) and inhalation be posted without explicit permission of SAB report on the EPA’s Integrated Risk (reference concentration) exposure. the copyright holder. Information System (IRIS) Toxicological Information about this advisory activity Accessibility: For information on Review of Benzo[a]pyrene. can be found on the Web at: http:// access or services for individuals with DATES: The public teleconference for the yosemite.epa.gov/sab/sabproduct.nsf/ disabilities, please contact Mr. Thomas Chartered SAB will be conducted on 02ad90b136fc21ef85256eba00436459/ Carpenter at (202) 564–4885 or Tuesday January 26, 2016 from 2:00 4dcfd0e5f45a8cad85257b65005b17c [email protected]. To request p.m. to 4:00 p.m. (Eastern Time). 8!OpenDocument. Availability of Meeting Materials: The accommodation of a disability, please ADDRESSES: The public teleconference contact Mr. Carpenter preferably at least will be conducted by telephone only. agenda and materials in support of this teleconference will be available on the ten days prior to the teleconference to FOR FURTHER INFORMATION CONTACT: Any EPA Web site at http://www.epa.gov/sab give EPA as much time as possible to member of the public wishing to obtain in advance of the teleconference. process your request. information concerning the public Procedures for Providing Public Input: Dated: December 15, 2015. teleconference may contact Mr. Thomas Public comment for consideration by Carpenter, Designated Federal Officer Thomas H. Brennan, EPA’s federal advisory committees and Deputy Director, EPA Science Advisory Staff (DFO), EPA Science Advisory Board panels has a different purpose from Staff Office (1400R), U.S. Environmental Office. public comment provided to EPA [FR Doc. 2015–31997 Filed 12–18–15; 8:45 am] Protection Agency, 1200 Pennsylvania program offices. Therefore, the process BILLING CODE 6560–50–P Avenue NW., Washington, DC 20460; by for submitting comments to a federal telephone/voice mail at (202) 564–4885 advisory committee is different from the or at [email protected]. process used to submit comments to an General information about the SAB as ENVIRONMENTAL PROTECTION EPA program office. AGENCY well as any updates concerning the Federal advisory committees and teleconference announced in this notice panels, including scientific advisory may be found on the EPA Web site at committees, provide independent [EPA–HQ–OPP–2015–0634; FRL–9940–02] http://www.epa.gov/sab. advice to EPA. Members of the public Cancellation of Pesticides for Non- SUPPLEMENTARY INFORMATION: The SAB can submit comments for a federal Payment of Year 2015 Registration was established pursuant to the advisory committee to consider as it Maintenance Fees; Correction Environmental Research, Development, develops advice for EPA. Input from the and Demonstration Authorization Act public to the SAB will have the most AGENCY: Environmental Protection (ERDDAA), codified at 42 U.S.C. 4365, impact if it provides specific scientific Agency (EPA). to provide independent scientific and or technical information or analysis for technical advice to the Administrator on SAB panels to consider or if it relates to ACTION: Notice; correction. the technical basis for Agency positions the clarity or accuracy of the technical and regulations. The SAB is a federal information. Oral Statements: In SUMMARY: EPA issued a notice in the advisory committee chartered under the general, individuals or groups Federal Register of November 13, 2015, Federal Advisory Committee Act requesting an oral presentation at a concerning the cancellation of (FACA), 5 U.S.C., App. 2. Pursuant to teleconference will be limited to three pesticides for non-payment of year 2015 FACA and EPA policy, notice is hereby minutes. Each person making an oral registration maintenance fees. This given that the chartered SAB will hold statement should consider providing document is being issued to correct a public teleconference to conduct a written comments as well as their oral Table 2 of the cancellation notice by quality review of the draft SAB report statement so that the points presented removing one entry which was on the IRIS programs Toxicological orally can be expanded upon in writing. inadvertently included. Assessment for Benzo[a]pyrene. The Interested parties should contact Mr. FOR FURTHER INFORMATION CONTACT: SAB undertook this review at the Thomas Carpenter, DFO, in writing Mick Yanchulis, Information request of the EPA’s Office of Research (preferably via email) at the contact Technology and Resources Management and Development (ORD). Quality review information noted above, by January 19, Division (7502P), Office of Pesticide is a key function of the chartered SAB. 2016 to be placed on the list of public Programs, Environmental Protection Draft reports prepared by SAB speakers. Written Statements: Written Agency, 1200 Pennsylvania Ave. NW., committees, panels, or work groups statements should be supplied to the Washington, DC 20460–0001; telephone must be reviewed and approved by the DFO, preferably via email, at the contact number: (703) 347–0237; email address: chartered SAB before transmittal to the information noted above one week [email protected]. EPA Administrator. Consistent with before the teleconference so that the FACA, the chartered SAB makes a information may be made available to SUPPLEMENTARY INFORMATION:

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I. General Information SUMMARY: In accordance with section I. Additional Information About the 113(g) of the Clean Air Act, as amended Proposed Consent Decree A. Does this action apply to me? (‘‘CAA’’ or the ‘‘Act’’), notice is hereby The proposed consent decree would This action is directed to the public given of a proposed consent decree to resolve a lawsuit filed by the Plaintiffs in general. Although this action may be address a lawsuit filed by Sierra Club seeking to compel EPA to take actions of particular interest to persons who and Physicians For Social required under CAA section 110(k)(2)– produce or use pesticides, the Agency Responsibility—Los Angeles (4). The Plaintiffs’ lawsuit alleged that has not attempted to describe all the (‘‘Plaintiffs’’) in the United States EPA has a mandatory duty to take final specific entities that may be affected by District Court for the Central District of action to approve or disapprove, in this action. California: Sierra Club, et al. v. EPA, No. whole or in part, the portions of the B. How can I get copies of this document 2:15–cv–3798–ODW (ASx) (C.D. CA.) South Coast Air Quality Management and other related information? (filed May 20, 2015). Plaintiffs filed a District’s Final 2012 Air Quality lawsuit alleging that Gina McCarthy, in The docket for this action, identified Management Plan that address her official capacity as Administrator of attainment of the 2006 PM2.5 NAAQS. by docket identification (ID) number the United States Environmental EPA–HQ–OPP–2015–0634, is available California made this SIP submission on Protection Agency (‘‘EPA’’) and Jared February 13, 2013. The submission was at http://www.regulations.gov or at the Blumenfeld, in his official capacity as Office of Pesticide Programs Regulatory complete by operation of law on August Regional Administrator of the United 13, 2013. Section 110(k)(2) requires EPA Public Docket (OPP Docket) in the States Environmental Protection to take action on a SIP submission Environmental Protection Agency Agency, Region IX (collectively, within one year of the date it is Docket Center (EPA/DC), West William ‘‘EPA’’), failed to perform duties complete. The Plaintiffs allege that EPA Jefferson Clinton Bldg., Rm. 3334, 1301 mandated by CAA to take final action to had a mandatory duty to take action on Constitution Ave. NW., Washington, DC approve or disapprove, in whole or in the submission by August 13, 2014. 20460–0001. The Public Reading Room part, the portions of the South Coast Air Under the terms of the proposed is open from 8:30 a.m. to 4:30 p.m., Quality Management District’s Final consent decree, EPA must take final Monday through Friday, excluding legal 2012 Air Quality Management Plan that action no later than March 15, 2016, holidays. The telephone number for the address attainment of the 2006 fine with respect to this claim. See the Public Reading Room is (202) 566–1744, particulate matter (‘‘PM2.5’’) NAAQS, proposed consent decree for the specific and the telephone number for the OPP which California submitted to EPA on details. Docket is (703) 305–5805. Please review February 13, 2013. The proposed For a period of thirty (30) days the visitor instructions and additional consent decree would establish following the date of publication of this information about the docket available deadlines for EPA to take certain notice, the Agency will accept written at http://www.epa.gov/dockets. specified actions. This is the second comments relating to the proposed II. What does this correction do? notice provided for this proposed consent decree from persons who are not named as parties or intervenors to This notice is being issued to correct consent decree. the litigation in question. EPA or the Table 2 of the cancellation notice. This DATES: Written comments on the Department of Justice may withdraw or correction removes 1 entry which was proposed consent decree must be withhold consent to the proposed inadvertently included. received by January 20, 2016. FR Doc. 2015–28765 published in the consent decree if the comments disclose ADDRESSES: Submit your comments, facts or considerations that indicate that Federal Register of November 13, 2015 identified by Docket ID number EPA– (80 FR 70206) (FRL–9934–46) is such consent is inappropriate, HQ–OGC–2015–0677, online at improper, inadequate, or inconsistent corrected as follows: www.regulations.gov (EPA’s preferred 1. On page 70208, in Table 2, remove with the requirements of the Act. Unless method); by email to oei.docket@ EPA or the Department of Justice the complete entry for: ‘‘070950– epa.gov; by mail to EPA Docket Center, 00003.’’ determines that consent to this Environmental Protection Agency, proposed consent decree should be Authority: 7 U.S.C. 136 et seq. Mailcode: 2822T, 1200 Pennsylvania withdrawn, the terms of the consent Dated: December 10, 2015. Ave. NW., Washington, DC 20460–0001; decree will be affirmed. EPA published Michael Hardy, or by hand delivery or courier to EPA a prior notice of this proposed consent Docket Center, EPA West, Room 3334, Acting Director, Information Technology and decree on October 21, 2015. In order to Resource Management Division, Office of 1301 Constitution Ave., NW., assure that all parties have notice of the Pesticide Programs. Washington, DC, between 8:30 a.m. and proposed consent decree, EPA is [FR Doc. 2015–32025 Filed 12–18–15; 8:45 am] 4:30 p.m. Monday through Friday, providing this additional notice and excluding legal holidays. Comments on BILLING CODE 6560–50–P opportunity to comment upon the a disk or CD–ROM should be formatted proposed consent decree pursuant to in Word or ASCII file, avoiding the use section 113(g). ENVIRONMENTAL PROTECTION of special characters and any form of II. Additional Information About AGENCY encryption, and may be mailed to the mailing address above. Commenting on the Proposed Consent [EPA–HQ–OGC–2015–0677; FRL–9940–39– Decree OGC] FOR FURTHER INFORMATION CONTACT: Geoffrey L. Wilcox, Air and Radiation A. How can I get a copy of the proposed Proposed Consent Decree, Clean Air Law Office (2344A), Office of General consent decree? Act Citizen Suit Counsel, U.S. Environmental Protection The official public docket for this Agency, 1200 Pennsylvania Ave. NW., action (identified by EPA–HQ–OGC– AGENCY: Environmental Protection Washington, DC 20460; telephone: (202) Agency (EPA). 2015–0677) contains a copy of the 564–5601; fax number: (202) 564–5603; proposed consent decree. The official ACTION: Notice of proposed consent email address: [email protected]. public docket is available for public decree; request for public comment. SUPPLEMENTARY INFORMATION: viewing at the Office of Environmental

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Information (OEI) Docket in the EPA difficulties or needs further information the date of this Notice. If any person Docket Center, EPA West, Room 3334, on the substance of your comment. Any wishes to comment concerning the 1301 Constitution Ave. NW., identifying or contact information termination of the receivership, such Washington, DC. The EPA Docket provided in the body of a comment will comment must be made in writing and Center Public Reading Room is open be included as part of the comment that sent within thirty days of the date of from 8:30 a.m. to 4:30 p.m., Monday is placed in the official public docket, this Notice to: Federal Deposit through Friday, excluding legal and made available in EPA’s electronic Insurance Corporation, Division of holidays. The telephone number for the public docket. If EPA cannot read your Resolutions and Receiverships, Public Reading Room is (202) 566–1744, comment due to technical difficulties Attention: Receivership Oversight and the telephone number for the OEI and cannot contact you for clarification, Department 32.1, 1601 Bryan Street, Docket is (202) 566–1752. EPA may not be able to consider your Dallas, TX 75201. An electronic version of the public comment. No comments concerning the docket is available through Use of the www.regulations.gov Web termination of this receivership will be www.regulations.gov. You may use site to submit comments to EPA considered which are not sent within www.regulations.gov to submit or view electronically is EPA’s preferred method this time frame. public comments, access the index for receiving comments. The electronic Dated: December 16, 2015. listing of the contents of the official public docket system is an ‘‘anonymous Federal Deposit Insurance Corporation. public docket, and access those access’’ system, which means EPA will Robert E. Feldman, documents in the public docket that are not know your identity, email address, available electronically. Once in the or other contact information unless you Executive Secretary. system, key in the appropriate docket provide it in the body of your comment. [FR Doc. 2015–31952 Filed 12–18–15; 8:45 am] identification number then select In contrast to EPA’s electronic public BILLING CODE 6714–01–P ‘‘search’’. docket, EPA’s electronic mail (email) It is important to note that EPA’s system is not an ‘‘anonymous access’’ policy is that public comments, whether system. If you send an email comment FEDERAL RESERVE SYSTEM submitted electronically or in paper, directly to the Docket without going will be made available for public through www.regulations.gov, your Formations of, Acquisitions by, and viewing online at www.regulations.gov email address is automatically captured Mergers of Bank Holding Companies without change, unless the comment and included as part of the comment The companies listed in this notice contains copyrighted material, CBI, or that is placed in the official public other information whose disclosure is have applied to the Board for approval, docket, and made available in EPA’s pursuant to the Bank Holding Company restricted by statute. Information electronic public docket. claimed as CBI and other information Act of 1956 (12 U.S.C. 1841 et seq.) whose disclosure is restricted by statute Dated: December 11, 2015. (BHC Act), Regulation Y (12 CFR part is not included in the official public Lorie J. Schmidt, 225), and all other applicable statutes docket or in the electronic public Associate General Counsel. and regulations to become a bank docket. EPA’s policy is that copyrighted [FR Doc. 2015–31995 Filed 12–18–15; 8:45 am] holding company and/or to acquire the assets or the ownership of, control of, or material, including copyrighted material BILLING CODE 6560–50–P contained in a public comment, will not the power to vote shares of a bank or be placed in EPA’s electronic public bank holding company and all of the banks and nonbanking companies docket but will be available only in FEDERAL DEPOSIT INSURANCE owned by the bank holding company, printed, paper form in the official public CORPORATION docket. Although not all docket including the companies listed below. materials may be available Notice to All Interested Parties of the The applications listed below, as well electronically, you may still access any Termination of the Receivership of as other related filings required by the of the publicly available docket 10439, Security Bank, N.A., North Board, are available for immediate materials through the EPA Docket Lauderdale, Florida inspection at the Federal Reserve Bank Center. indicated. The applications will also be NOTICE IS HEREBY GIVEN that the available for inspection at the offices of B. How and to whom do I submit Federal Deposit Insurance Corporation the Board of Governors. Interested comments? (‘‘FDIC’’) as Receiver for Security Bank, persons may express their views in You may submit comments as N.A., North Lauderdale, Florida (‘‘the writing on the standards enumerated in provided in the ADDRESSES section. Receiver’’) intends to terminate its the BHC Act (12 U.S.C. 1842(c)). If the Please ensure that your comments are receivership for said institution. The proposal also involves the acquisition of submitted within the specified comment FDIC was appointed receiver of Security a nonbanking company, the review also period. Comments received after the Bank, N.A. on May 4, 2012. The includes whether the acquisition of the close of the comment period will be liquidation of the receivership assets nonbanking company complies with the marked ‘‘late.’’ EPA is not required to has been completed. To the extent standards in section 4 of the BHC Act consider these late comments. permitted by available funds and in (12 U.S.C. 1843). Unless otherwise If you submit an electronic comment, accordance with law, the Receiver will noted, nonbanking activities will be EPA recommends that you include your be making a final dividend payment to conducted throughout the United States. name, mailing address, and an email proven creditors. Unless otherwise noted, comments address or other contact information in Based upon the foregoing, the regarding each of these applications the body of your comment and with any Receiver has determined that the must be received at the Reserve Bank disk or CD–ROM you submit. This continued existence of the receivership indicated or the offices of the Board of ensures that you can be identified as the will serve no useful purpose. Governors not later than January 14, submitter of the comment and allows Consequently, notice is given that the 2016. EPA to contact you in case EPA cannot receivership shall be terminated, to be A. Federal Reserve Bank of Boston read your comment due to technical effective no sooner than thirty days after (Prabal Chakrabarti, Senior Vice

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President) 600 Atlantic Avenue, Boston, the offices of the Board of Governors. DATES: Beginning no later than March 1, Massachusetts 02210–2204: Interested persons may express their 2016, each health care provider who 1. Pentucket Bank Holdings, MHC, views in writing to the Reserve Bank administers pneumococcal conjugate and Pentucket Bancorp, Inc., both in indicated for that notice or to the offices vaccine (PCV13) to any child or adult in Haverhill, Massachusetts; to become of the Board of Governors. Comments the United States shall provide copies of bank holding companies by acquiring must be received not later than January the relevant vaccine information 100 percent of the voting shares of 4, 2016. materials contained in this notice, in Pentucket Bank, Haverhill, A. Federal Reserve Bank of Kansas conformance with the November 5, 2015 Massachusetts. City (Dennis Denney, Assistant Vice CDC Instructions for the Use of Vaccine B. Federal Reserve Bank of Chicago President) 1 Memorial Drive, Kansas Information Statements prior to (Colette A. Fried, Assistant Vice City, Missouri 64198–0001: providing such vaccinations. President) 230 South LaSalle Street, 1. Janet McCauslin, Chillicothe, FOR FURTHER INFORMATION CONTACT: Chicago, Illinois 60690–1414: Missouri; John Littrell, Brookfield, Suzanne Johnson-DeLeon (msj1@ 1. Eastern Michigan Financial Missouri, as a group acting in concert, cdc.gov), National Center for Corporation, Croswell, Michigan; to and Allen D. Powell Bank Share Trust, Immunization and Respiratory Diseases, merge with Ruth Bank Corporation, and and Allen Powell, as trustee, both of Centers for Disease Control and thereby indirectly acquire voting shares Linneus, Missouri; to acquire voting Prevention, Mailstop A–19, 1600 Clifton of Ruth State Bank, both in Ruth, shares of Capital Bancshares, Inc., and Road NE., Atlanta, Georgia 30329. Michigan. thereby indirectly acquire voting shares C. Federal Reserve Bank of SUPPLEMENTARY INFORMATION: The of Bank of Brookfield-Purdin, N.A., both National Childhood Vaccine Injury Act Minneapolis (Jacquelyn K. Brunmeier, in Brookfield, Missouri. Assistant Vice President) 90 Hennepin of 1986 (Pub. L. 99–660), as amended by Avenue, Minneapolis, Minnesota Board of Governors of the Federal Reserve section 708 of Public Law 103–183, System, December 15, 2015. 55480–0291: added section 2126 to the Public Health 1. First Bancshares Corporation, Michael J. Lewandowski, Service Act. Section 2126, codified at 42 Gladstone, Michigan; to acquire 100 Associate Secretary of the Board. U.S.C. 300aa-26, requires the Secretary percent of the voting shares of Northern [FR Doc. 2015–31888 Filed 12–18–15; 8:45 am] of Health and Human Services to Michigan Bank & Trust, Escanaba, BILLING CODE 6210–01–P develop and disseminate vaccine Michigan. information materials for distribution by D. Federal Reserve Bank of Kansas all health care providers in the United City (Dennis Denney, Assistant Vice DEPARTMENT OF HEALTH AND States to any patient (or to the parent or President) 1 Memorial Drive, Kansas HUMAN SERVICES legal representative in the case of a City, Missouri 64198–0001: child) receiving vaccines covered under 1. CSBO Holdings, Inc., Employee Centers for Disease Control and the National Vaccine Injury Stock Ownership Plan, Ridgway, Prevention Compensation Program (VICP). Development and revision of the Colorado; to become a bank holding [Docket No. CDC–2015–0014] company by acquiring 51 percent of the vaccine information materials, also voting shares of CSBO Holdings, Inc., Final Revised Vaccine Information known as Vaccine Information Ridgway, Colorado, and thereby Materials for Pneumococcal Conjugate Statements (VIS), have been delegated indirectly acquire voting shares of Vaccine (PCV13) by the Secretary to the Centers for Citizens State Bank of Ouray, Ouray, Disease Control and Prevention (CDC). Colorado. AGENCY: Centers for Disease Control and Section 2126 requires that the materials Prevention (CDC), Department of Health be developed, or revised, after notice to Board of Governors of the Federal Reserve System, December 15, 2015. and Human Services (HHS). the public, with a 60-day comment period, and in consultation with the Michael J. Lewandowski, ACTION: Notice. Advisory Commission on Childhood Associate Secretary of the Board. SUMMARY: Under the National Vaccines, appropriate health care [FR Doc. 2015–31889 Filed 12–18–15; 8:45 am] Childhood Vaccine Injury Act provider and parent organizations, and BILLING CODE 6210–01–P (NCVIA)(42 U.S.C. 300aa–26), the CDC the Food and Drug Administration. The must develop vaccine information law also requires that the information materials that all health care providers contained in the materials be based on FEDERAL RESERVE SYSTEM are required to give to patients/parents available data and information, be prior to administration of specific Change in Bank Control Notices; presented in understandable terms, and vaccines. On May 20, 2015, CDC Acquisitions of Shares of a Bank or include: published a notice in the Federal Bank Holding Company (1) A concise description of the Register (80 FR 29009) seeking public benefits of the vaccine, The notificants listed below have comments on proposed updated vaccine (2) A concise description of the risks applied under the Change in Bank information materials for pneumococcal associated with the vaccine, Control Act (12 U.S.C. 1817(j)) and conjugate vaccine (PCV13). Following (3) A statement of the availability of § 225.41 of the Board’s Regulation Y (12 review of comments submitted and the National Vaccine Injury CFR 225.41) to acquire shares of a bank consultation as required under the law, Compensation Program, and or bank holding company. The factors CDC has finalized the materials. Copies (4) Such other relevant information as that are considered in acting on the of the final vaccine information may be determined by the Secretary. notices are set forth in paragraph 7 of materials for pneumococcal conjugate The vaccines initially covered under the Act (12 U.S.C. 1817(j)(7)). vaccine (PCV13) are available to the National Vaccine Injury The notices are available for download from http://www.cdc.gov/ Compensation Program were diphtheria, immediate inspection at the Federal vaccines/hcp/vis/index.html or http:// tetanus, pertussis, measles, mumps, Reserve Bank indicated. The notices www.regulations.gov (see Docket rubella, and poliomyelitis vaccines. also will be available for inspection at Number CDC–2015–0014). Since April 15, 1992, any health care

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provider in the United States who DEPARTMENT OF HEALTH AND Disease Control and Prevention, 1600 intends to administer one of these HUMAN SERVICES Clifton Road NE., MS–D74, Atlanta, covered vaccines is required to provide Georgia 30329; phone: 404–639–7570; copies of the relevant vaccine Centers for Disease Control and Email: [email protected]. information materials prior to Prevention SUPPLEMENTARY INFORMATION: Under the administration of any of these vaccines. [60Day–16–0841; Docket No. CDC–2015– Paperwork Reduction Act of 1995 (PRA) Since then, the following vaccines have 0115] (44 U.S.C. 3501–3520), Federal agencies been added to the National Vaccine must obtain approval from the Office of Injury Compensation Program, requiring Proposed Data Collection Submitted Management and Budget (OMB) for each use of vaccine information materials for for Public Comment and collection of information they conduct them as well: Hepatitis B, Haemophilus Recommendations or sponsor. In addition, the PRA also influenzae type b (Hib), varicella AGENCY: Centers for Disease Control and requires Federal agencies to provide a (chickenpox), pneumococcal conjugate, Prevention (CDC), Department of Health 60-day notice in the Federal Register rotavirus, hepatitis A, meningococcal, and Human Services (HHS). concerning each proposed collection of information, including each new human papillomavirus (HPV), and ACTION: Notice with comment period. seasonal influenza vaccines. proposed collection, each proposed Instructions for use of the vaccine SUMMARY: The Centers for Disease extension of existing collection of information materials are found on the Control and Prevention (CDC), as part of information, and each reinstatement of previously approved information CDC Web site at: http://www.cdc.gov/ its continuing efforts to reduce public collection before submitting the vaccines/hcp/vis/index.html. burden and maximize the utility of government information, invites the collection to OMB for approval. To Revised Vaccine Information Materials general public and other Federal comply with this requirement, we are agencies to take this opportunity to publishing this notice of a proposed The pneumococcal conjugate vaccine comment on proposed and/or data collection as described below. (PCV13) information materials continuing information collections, as Comments are invited on: (a) Whether referenced in this notice were required by the Paperwork Reduction the proposed collection of information developed in consultation with the Act of 1995. This notice invites is necessary for the proper performance Advisory Commission on Childhood comment on the Management of the functions of the agency, including Vaccines, the Food and Drug Information System for Comprehensive whether the information shall have Administration, and parent and Cancer Control Programs data practical utility; (b) the accuracy of the healthcare provider organizations. collection. CDC uses the electronic MIS agency’s estimate of the burden of the Following consultation and review of to collect information about cancer proposed collection of information; (c) comments submitted, the vaccine prevention and control activities ways to enhance the quality, utility, and information materials covering conducted by states, territories, and clarity of the information to be pneumococcal conjugate vaccine tribal organizations. collected; (d) ways to minimize the (PCV13) have been finalized and are DATES: Written comments must be burden of the collection of information available to download from http://www. received on or before February 19, 2016. on respondents, including through the use of automated collection techniques cdc.gov/vaccines/hcp/vis/index.html or ADDRESSES: You may submit comments, or other forms of information http://www.regulations.gov (see Docket identified by Docket No. CDC–2015– technology; and (e) estimates of capital Number CDC–2015–0014). The Vaccine 0115 by any of the following methods: or start-up costs and costs of operation, Information Statement (VIS) is Federal eRulemaking Portal: maintenance, and purchase of services ‘‘Pneumococcal Conjugate Vaccine Regulation.gov. Follow the instructions to provide information. Burden means for submitting comments. (PCV13): What You Need to Know,’’ the total time, effort, or financial publication date November 5, 2015. Mail: Leroy A. Richardson, Information Collection Review Office, resources expended by persons to With publication of this notice, as of Centers for Disease Control and generate, maintain, retain, disclose or March 1, 2016, all health care providers Prevention, 1600 Clifton Road NE., MS– provide information to or for a Federal will be required to provide copies of D74, Atlanta, Georgia 30329. agency. This includes the time needed these updated pneumococcal conjugate Instructions: All submissions received to review instructions; to develop, vaccine (PCV13) information materials must include the agency name and acquire, install and utilize technology prior to immunization in conformance Docket Number. All relevant comments and systems for the purpose of with CDC’s November 5, 2015 received will be posted without change collecting, validating and verifying Instructions for the Use of Vaccine to Regulations.gov, including any information, processing and Information Statements. personal information provided. For maintaining information, and disclosing access to the docket to read background and providing information; to train Dated: December 16, 2015. personnel and to be able to respond to Sandra Cashman, documents or comments received, go to Regulations.gov. a collection of information, to search Executive Secretary, Centers for Disease data sources, to complete and review Control and Prevention. Please note: All public comment should be the collection of information; and to submitted through the Federal eRulemaking [FR Doc. 2015–31989 Filed 12–18–15; 8:45 am] transmit or otherwise disclose the portal (Regulations.gov) or by U.S. mail to the BILLING CODE 4163–18–P address listed above. information. Proposed Project FOR FURTHER INFORMATION CONTACT: To request more information on the Management Information System for proposed project or to obtain a copy of Comprehensive Cancer Control the information collection plan and Programs (OMB No. 0920–0841, exp. 3/ instruments, contact the Information 31/2016)—Revision—National Center Collection Review Office, Centers for for Chronic Disease Prevention and

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Health Promotion (NCCDPHP), Centers CDC plans to request a revision of the annualized, one-time allocation of two for Disease Control and Prevention current MIS-based reporting system. hours response per response for initial (CDC). Minor modifications will be made to population of the MIS with information standardize and streamline data entry; Background and Brief Description that is specific to the new FOA. Due to for example, the open-ended text boxes annualization, this activity is From 2007–2012, the Centers for previously used to develop objectives represented in the table as 22 awardees Disease Control and Prevention (CDC) will be replaced with a drop-down instead of 65 awardees. CDC is provided funding to all 50 states, the menu of evidence-based indicators. The considering a change in the frequency of District of Columbia, seven tribes/tribal modifications will also make MIS progress reporting, effective with the organizations, and seven territories/U.S. entries and output more user-friendly new FOA. Routine progress reporting is Pacific Island Jurisdictions through the for CDC staff who use the MIS to likely to occur once per year instead of National Cancer Prevention and Control monitor and evaluate specific program twice per year. Program (CDC Funding Opportunity outcomes. The search function will also Announcement [FOA] DP07–703). New be modified to search for these OMB approval will be requested for five-year cooperative agreements were indicators. three years. The total estimated established in June 2012 under FOA annualized burden for this reporting All 65 DP12–1205 cancer prevention DP12–1205 (‘‘Cancer Prevention and period will decrease due to a reduction and control awardees will continue to Control Program for State, Territorial in the estimated burden per response for submit semi-annual reports to CDC and Tribal Organizations’’). From 2012– semi-annual reporting; a reduction in through the end of the cooperative 2015, a subset of 13 awardees received the estimated burden per response for agreement period. These reports include additional funding for demonstration populating the MIS with information information about personnel, resources, programs to advance cancer control specific to the new FOA; and finances, planning, action plans, and using policy, systems, and discontinuation of semi-annual environmental change strategies. progress. Information will be submitted by the program director for the state, reporting for demonstration program Since 2010, cancer prevention and activities. control (CPC) awardees have used an territory, or tribal cancer control electronic management information program. Awardees will be responsible Awardees are required to submit the system (MIS) to submit semi-annual for verifying their current information requested information to CDC as a progress reports to CDC (‘‘Management and entering new objectives and condition of funding. CDC will use the Information System for Comprehensive progress. To minimize respondent information submitted by awardees to Cancer Control Programs,’’ OMB No. burden, information that has not identify training and technical 0920–0841, exp. 3/31/2016). The changed does not need to be re-entered assistance needs, monitor compliance progress reports satisfy federal reporting into the MIS. The estimated burden for with cooperative agreement requirements and allow CDC to provide ongoing system maintenance and semi- requirements, evaluate progress made in targeted technical assistance to annual reporting is being reduced from achieving program-specific goals, and awardees while monitoring their three hours per response to two hours obtain information needed to respond to activities and progress. The MIS also per response. Congressional and other inquiries provides CDC with the capacity to CDC anticipates that DP12–1205 will regarding program activities and respond in a timely manner to requests be succeeded in 2017 by a new FOA effectiveness. All information will be for information from the Department of based on similar objectives and a collected electronically. There are no Health and Human Services (HHS), comparable monitoring and evaluation costs to respondents other than their Congress, and other sources. plan. The burden table includes an time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Program Director for State-, Tribal-, Data Elements for All CPC Pro- 65 2 2 260 or Territorial-based Cancer Pre- grams: Semi-annual Reporting. vention and Control Program. Data Elements for All CPC Pro- 22 1 2 44 grams: Initial MIS Population for New FOA.

Total ...... 304

Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention. [FR Doc. 2015–31961 Filed 12–18–15; 8:45 am] BILLING CODE 4163–18–P

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DEPARTMENT OF HEALTH AND added section 2126 to the Public Health Revised Vaccine Information Materials HUMAN SERVICES Service Act. Section 2126, codified at 42 The multiple pediatric vaccines U.S.C. 300aa–26, requires the Secretary information materials referenced in this Centers for Disease Control and of Health and Human Services to notice were developed in consultation Prevention develop and disseminate vaccine with the Advisory Commission on [Docket No. CDC–2015–0001] information materials for distribution by Childhood Vaccines, the Food and Drug all health care providers in the United Administration, and parent and Final Revised Vaccine Information States to any patient (or to the parent or healthcare provider organizations. Materials for Multiple Pediatric legal representative in the case of a Following consultation and review of Vaccines (‘‘Your Child’s First child) receiving vaccines covered under comments submitted, the vaccine Vaccines’’) the National Vaccine Injury information materials covering multiple Compensation Program (VICP). AGENCY: Centers for Disease Control and pediatric vaccines (‘‘Your Child’s First Prevention (CDC), Department of Health Development and revision of the Vaccines’’) have been finalized and are and Human Services (HHS) vaccine information materials, also available to download from http://www. cdc.gov/vaccines/hcp/vis/index.html or ACTION: Notice known as Vaccine Information Statements (VIS), have been delegated http://www.regulations.gov (see Docket SUMMARY: Under the National by the Secretary to the Centers for Number CDC–2015–0001). The Vaccine Childhood Vaccine Injury Act Disease Control and Prevention (CDC). Information Statement (VIS) is ‘‘Your (NCVIA)(42 U.S.C. 300aa–26), the CDC Section 2126 requires that the materials Child’s First Vaccines: What You Need must develop vaccine information be developed, or revised, after notice to to Know’’ (publication date November 5, materials that all health care providers the public, with a 60-day comment 2015). are required to give to patients/parents period, and in consultation with the With publication of this notice, as of prior to administration of specific Advisory Commission on Childhood March 1, 2016, all health care providers vaccines. On January 9, 2015, CDC Vaccines, appropriate health care who choose to use the multiple published a notice in the Federal provider and parent organizations, and pediatric vaccines Vaccine Information Register (80 FR 1416) seeking public the Food and Drug Administration. The Statement (‘‘Your Child’s First comments on proposed updated vaccine law also requires that the information Vaccines’’) when administering information materials for multiple contained in the materials be based on multiple pediatric vaccines to any child pediatric vaccines (‘‘Your Baby’s First available data and information, be in the United States shall provide copies Vaccines’’). Following review of presented in understandable terms, and of the relevant vaccine information comments submitted and consultation include: materials contained in this notice rather than the previous edition (dated October as required under the law, CDC has (1) A concise description of the 22, 2014) in conformance with CDC’s finalized the materials. A copy of the benefits of the vaccine, final vaccine information materials for November 5, 2015 Instructions for the multiple pediatric vaccines (‘‘Your (2) A concise description of the risks Use of Vaccine Information Statements. associated with the vaccine, Child’s First Vaccines’’) is available to Dated: December 16, 2015. download from http://www.cdc.gov/ (3) A statement of the availability of Sandra Cashman, vaccines/hcp/vis/index.html or http:// the National Vaccine Injury Executive Secretary, Centers for Disease www.regulations.gov (see Docket Compensation Program, and Control and Prevention. Number CDC–2015–0001). (4) Such other relevant information as [FR Doc. 2015–31990 Filed 12–18–15; 8:45 am] DATES: Beginning no later than March 1, may be determined by the Secretary. BILLING CODE 4163–18–P 2016, each health care provider who The vaccines initially covered under chooses to use the multiple pediatric the National Vaccine Injury vaccines Vaccine Information Statement Compensation Program were diphtheria, DEPARTMENT OF HEALTH AND (‘‘Your Child’s First Vaccines’’) when tetanus, pertussis, measles, mumps, HUMAN SERVICES administering multiple pediatric rubella and poliomyelitis vaccines. vaccines to any child in the United Centers for Medicare & Medicaid Since April 15, 1992, any health care States shall provide copies of the Services provider in the United States who relevant vaccine information materials intends to administer one of these contained in this notice rather than the covered vaccines is required to provide [CMS–1653–NC] previous edition (dated October 22, copies of the relevant vaccine 2014) in conformance with the Medicare Program; Request for information materials prior to November 5, 2015 CDC Instructions for Information Regarding the Awarding administration of any of these vaccines. the Use of Vaccine Information and the Administration of Medicare Since then, the following vaccines have Statements prior to providing such Administrative Contractor Contracts been added to the National Vaccine vaccinations. Injury Compensation Program, requiring AGENCY: Centers for Medicare & FOR FURTHER INFORMATION CONTACT: use of vaccine information materials for Medicaid Services (CMS), HHS. Suzanne Johnson-DeLeon (msj1@ them as well: Hepatitis B, Haemophilus ACTION: Request for information. cdc.gov), National Center for influenzae type b (Hib), varicella Immunization and Respiratory Diseases, (chickenpox), pneumococcal conjugate, SUMMARY: This request for information Centers for Disease Control and rotavirus, hepatitis A, meningococcal, solicits public comment on the Prevention, Mailstop A–19, 1600 Clifton human papillomavirus (HPV), and processes and procedures that we could Road NE., Atlanta, Georgia 30329. seasonal influenza vaccines. use to leverage new legal authorities SUPPLEMENTARY INFORMATION: The Instructions for use of the vaccine to— incentivize and reward exceptional National Childhood Vaccine Injury Act information materials are found on the Medicare Administrative Contractor of 1986 (Pub. L. 99–660), as amended by CDC Web site at: http://www.cdc.gov/ (MAC) contract performance; publish section 708 of Public Law 103–183, vaccines/hcp/vis/index.html. performance information on each MAC,

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to the extent permitted by law; and hand or courier delivery may be delayed contractor operations ended by make MAC jurisdictional changes. and received after the comment period. September 2013. DATES: To be assured consideration, FOR FURTHER INFORMATION We rely on a network of 16 MACs to written or electronic comments must be CONTACT: Debra Bowman, (410) 786– process Medicare claims, including 12 received at one of the addresses 4941. Phyllis Atkins-Mackey, (410) 786– MACs that administer both Part A and provided below, no later than 5 p.m. on 9362. Megan Martino, (215) 861–4425. Part B claims and 4 MACs that February 19, 2016. Sue Pelella, (215) 861–4245. specialize in administering Part B ADDRESSES: In commenting, refer to file SUPPLEMENTARY INFORMATION: claims for durable medical equipment, code CMS–1653–NC. Because of staff Inspection of Public Comments: All prosthetics, orthotics, and supplies. and resource limitations, we cannot comments received before the close of MACs serve as the primary operational accept comments by facsimile (FAX) the comment period are available for contact between the Medicare Fee-For- transmission. viewing by the public, including any Service (FFS) program and approximately 1.5 million health care You may submit comments in one of personally identifiable or confidential providers and suppliers enrolled in the four ways (please choose only one of the business information that is included in program. MACs process Medicare ways listed): a comment. We post all comments claims, enroll health care providers and 1. Electronically. You may submit received before the close of the suppliers in the Medicare program, electronic comments on this regulation comment period on the following Web educate providers and suppliers on to http://www.regulations.gov. Follow site as soon as possible after they have Medicare billing requirements, and the ‘‘Submit a comment’’ instructions. been received: http:// answer provider and supplier inquiries. 2. By regular mail. You may mail www.regulations.gov. Follow the search Collectively, the MACs process nearly written comments to the following instructions on that Web site to view 4.9 million Medicare claims each address ONLY: Centers for Medicare & public comments. Medicaid Services, Department of business day and disburse more than Comments received timely will also $365 billion annually in program Health and Human Services, Attention: be available for public inspection as CMS–1653–NC, P.O. Box 8013, payments. they are received, generally beginning Section 509(a) of the Medicare Access Baltimore, MD 21244–8013. approximately 3 weeks after publication Please allow sufficient time for mailed and CHIP Reauthorization Act of 2015 of a document, at the headquarters of (MACRA) (Pub. L. 114–10) extended the comments to be received before the the Centers for Medicare & Medicaid close of the comment period. maximum length of a MAC contract, Services, 7500 Security Boulevard, inclusive of all option and renewal 3. By express or overnight mail. You Baltimore, Maryland 21244, Monday may send written comments to the periods, from 5 years to 10 years. through Friday of each week from 8:30 Section 509(c) of MACRA added a following address ONLY: Centers for a.m. to 4 p.m. To schedule an Medicare & Medicaid Services, clause to section 1874A(b)(3)(A) of the appointment to view public comments, Act that requires the Secretary, to the Department of Health and Human phone 1–800–743–3951. Services, Attention: CMS–1653–NC, extent possible without compromising Mail Stop C4–26–05, 7500 Security I. Background the process for entering into and renewing contracts with MACs, to make Boulevard, Baltimore, MD 21244–1850. For several decades after Medicare’s 4. By hand or courier. Alternatively, available to the public the performance inception in 1966, private health care of each MAC with respect to such you may deliver (by hand or courier) insurers, known as Part A Fiscal your written comments ONLY to the performance requirements and Intermediaries (FI) and Part B carriers, measurement standards. following addresses: a. For delivery in processed medical claims for Medicare Washington, DC—Centers for Medicare beneficiaries. Section 911 of the II. Provisions of the Request for & Medicaid Services, Department of Medicare Prescription Drug, Information Health and Human Services, Room 445– Improvement, and Modernization Act of The Government Accountability G, Hubert H. Humphrey Building, 200 2003 (MMA) (Pub. L. 108–173) added Office (GAO) has recently noted that, Independence Avenue SW., section 1874A to the Social Security Act now that we have accomplished the Washington, DC 20201. (the Act) to require the Secretary of major milestone of fully implementing (Because access to the interior of the Health and Human Services (the and transitioning to the MAC Hubert H. Humphrey Building is not readily Secretary) to replace Part A FIs and Part environment, we have the opportunity available to persons without Federal B carriers with Medicare Administrative to consider whether some additional government identification, commenters are encouraged to leave their comments in the Contractors (MACs). This contracting contracting mechanisms could be CMS drop slots located in the main lobby of reform was intended to improve utilized to further improve MAC the building. A stamp-in clock is available for Medicare’s administrative services to performance. Consistent with the new persons wishing to retain a proof of filing by beneficiaries and health care providers authority provided under MACRA and stamping in and retaining an extra copy of through the use of new contracting the recommendation provided by GAO, the comments being filed.) tools, including competition and we are evaluating numerous elements of b. For delivery in Baltimore, MD— performance incentives. our MAC acquisition strategy, including Centers for Medicare & Medicaid Currently, we award MAC contracts potential adjustments to our MAC Services, Department of Health and through use of competitive procedures contract terms and conditions. The Human Services, 7500 Security in accordance with the Federal scope of our evaluation includes the Boulevard, Baltimore, MD 21244–1850. Acquisition Regulation (FAR). As processes and procedures that we use If you intend to deliver your authorized by the MMA, we established for awarding the MAC contracts and comments to the Baltimore address, call MACs as multistate, regional contractors administering the MAC contracts after telephone number (410) 786–9994 in responsible for administering both award. advance to schedule your arrival with Medicare Part A and Medicare Part B We currently use a cost-plus-award- one of our staff members. claims. The transition from the Part A fee contract type for the MAC contracts, Comments erroneously mailed to the FIs and Part B carriers to MACs began meaning that MACs are financially addresses indicated as appropriate for in 2006, and the last FI and carrier incentivized and rewarded with

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additional fee/profit for exceptional (including education and outreach) with Federal Register documents, we are not performance in areas critical to the providers? able to acknowledge or respond to them success of the Medicare FFS program. Section 509(c) of MACRA directs us individually. We will consider all For example, and specific to provider to make some MAC performance metrics comments we receive by the date and satisfaction, we currently measure, available to the public, to the extent that time specified in the DATES section of evaluate, and reward MACs for the doing so can be done in a manner that this preamble, and, when we issue a quality (accuracy, completeness, does not compromise the competitive subsequent document, we will respond customer skills, and adherence to the procurement process. Therefore, we are to the comments in the preamble to that Privacy Act of 1974) of their customer requesting comment on the following document. service representatives’ responses to questions regarding MAC performance Dated: November 23, 2015. provider telephone calls and the transparency: Andrew M. Slavitt, providers’ level of satisfaction with the • With regard to the MAC’s quality MAC’s Web site. The amount of award and level of service and performance, Acting Administrator, Centers for Medicare & Medicaid Services. fee earned by the MAC is based on our what types or kinds of information comprehensive evaluation of the MAC’s should be published for public release? [FR Doc. 2015–32027 Filed 12–18–15; 8:45 am] performance against specific, written • If we were to publish the results of BILLING CODE 4120–01–P quality measures and evaluation the evaluation of a MAC’s performance criteria. on our Web site, which types of metrics DEPARTMENT OF HEALTH AND Prior to the enactment of MACRA, the or information should be made available HUMAN SERVICES law required that MAC contracts be for public release? recompeted no less frequently than once We are also soliciting public comment Food and Drug Administration every 5 years, which created the on potential MAC jurisdictional potential for frequent turnover in these changes. Currently, there are 12 A/B [Docket No. FDA–2015–N–0001] critical contracts and disruption for MAC jurisdictions; in 2010, we Medicare providers and suppliers. With announced a plan to consolidate FFS Allergenic Products Advisory the enactment of MACRA, we are now claims operations to 10 A/B MAC Committee; Notice of Meeting able to renew a MAC contract for up to jurisdictions over the course of several AGENCY: Food and Drug Administration, 10 years and reduce the potential for years. However, in 2014, we announced HHS. frequent turnover if the MAC meets or that we were postponing the ACTION: Notice. exceeds our performance objectives; consolidation of Jurisdictions 8 (which conversely, we may still utilize encompasses the states of Indiana and This notice announces a forthcoming competitive procedures sooner than 10 Michigan) and 15 (which encompasses meeting of a public advisory committee years in the event that a MAC does not Kentucky and Ohio) to form of the Food and Drug Administration meet our performance objectives. In ‘‘Jurisdiction I’’ and the consolidation of (FDA). The meeting will be open to the concert with or in (partial or full) Jurisdictions 5 (Iowa, Kansas, Missouri public. replacement of our award fee process, and Nebraska) and 6 (Illinois, Name of Committee: Allergenic we are considering incorporating an Minnesota, and Wisconsin) to form Products Advisory Committee. ‘‘award term’’ concept into MAC ‘‘Jurisdiction G.’’ For more information General Function of the Committee: contracting, meaning that we may on our 2010 strategy for consolidating To provide advice and incentivize and reward consistently, A/B MAC jurisdictions, as well as our recommendations to the Agency on well-performing MACs with a longer- 2014 decision to postpone the final 2 FDA’s regulatory issues. term contract (but not longer than 10 jurisdictional consolidations, see Date and Time: The meeting will be years). For example, MACs that https://www.cms.gov/Medicare/ held on January 21, 2016, from 8:30 a.m. consistently exceed our performance Medicare-Contracting/Medicare- to 4 p.m. standards may be rewarded with a Administrative-Contractors/Downloads/ Location: FDA White Oak Campus, longer-term contract (up to 10 years); RFI-Announcement-AB–MAC-March- 10903 New Hampshire Ave., Bldg. 31 whereas, MACs that do not consistently 2014.pdf Conference Center, the Great Room (rm. exceed our performance standards may Accordingly, we are requesting 1503), Silver Spring, MD 20993–0002. be limited to a shorter-term contract comment on the following question: Answers to commonly asked questions (more or less than 5 years). Therefore, • What would the advantages and including information regarding special we are soliciting public comment on the disadvantages be if CMS completed the accommodations due to a disability, following questions regarding MAC last two MAC consolidations? visitor parking, and transportation may incentives for exceptional performance: be accessed at: http://www.fda.gov/ • Do you have any concerns or III. Collection of Information AdvisoryCommittees/AboutAdvisory suggestions related to development of a Requirements Committees/ucm408555.htm. potential ‘‘award term’’ strategy and This request for information Contact Person: Janie Kim or Denise plan? document does not impose any Royster, Center for Biologics Evaluation • Do you have any other suggestions information collection requirements. In and Research, Food and Drug for incentivizing and rewarding accordance with the implementing Administration, 10903 New Hampshire exceptional MAC performance? regulations of the Paperwork Reduction Ave., Bldg. 71, Silver Spring, MD • Are there any specific metrics or Act of 1995 (PRA) at 5 CFR 1320.3(h)(4), 20993–0002, 301–796–9016 or 240– evaluation criteria that would be we believe it is a general solicitation of 402–8158, email: [email protected] valuable in measuring the level and comments from the public. Therefore, it or [email protected], or FDA quality of the service provided by a is exempt from the requirements of the Advisory Committee Information Line, MAC? PRA (44 U.S.C. 3501 et seq.). 1–800–741–8138 (301–443–0572 in the • Are there any specific metrics or Washington, DC area). A notice in the evaluation criteria that would be IV. Response to Comments Federal Register about last minute valuable in measuring the level and Because of the large number of public modifications that impact a previously quality of the MAC’s relationships comments we normally receive on announced advisory committee meeting

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cannot always be published quickly FDA welcomes the attendance of the Ave., Bldg. 32, Rm. 3354, Silver Spring, enough to provide timely notice. public at its advisory committee MD 20993, 301–796–9151, FAX: 301– Therefore, you should always check the meetings and will make every effort to 847–3540, email: RCAC@ Agency’s Web site at http://www.fda. accommodate persons with disabilities. FDA.HHS.GOV, or FDA Advisory gov/AdvisoryCommittees/default.htm If you require accommodations due to a Committee Information Line, 1–800– and scroll down to the appropriate disability, please contact Janie Kim at 741–8138 (301–443–0572 in the advisory committee meeting link, or call least 7 days in advance of the meeting. Washington, DC area). A notice in the the advisory committee information line FDA is committed to the orderly Federal Register about last minute to learn about possible modifications conduct of its advisory committee modifications that impact a previously before coming to the meeting. meetings. Please visit our Web site at announced advisory committee meeting Agenda: On January 21, 2016, the http://www.fda.gov/Advisory cannot always be published quickly Committee will meet in an open session Committees/AboutAdvisoryCommittees/ enough to provide timely notice. to discuss safety and effectiveness data, ucm111462.htm for procedures on Therefore, you should always check the including challenge study endpoints, for public conduct during advisory Agency’s Web site at http://www.fda. licensure of food allergy committee meetings. gov/AdvisoryCommittees/default.htm immunotherapy products, and the Notice of this meeting is given under and scroll down to the appropriate clinical development of aeroallergen the Federal Advisory Committee Act (5 advisory committee meeting link, or call immunotherapy products for the U.S.C. app. 2). the advisory committee information line prevention of respiratory allergic Dated: December 15, 2015. to learn about possible modifications disease. before coming to the meeting. Jill Hartzler Warner, FDA intends to make background Agenda: On February 16 and 17, material available to the public no later Associate Commissioner for Special Medical 2016, the Committee will discuss recent than 2 business days before the meeting. Programs. developments in risk communications If FDA is unable to post the background [FR Doc. 2015–31894 Filed 12–18–15; 8:45 am] and related sciences, and possible material on its Web site prior to the BILLING CODE 4164–01–P approaches and applications in the meeting, the background material will context of FDA communications. be made publicly available at the FDA intends to make background location of the advisory committee DEPARTMENT OF HEALTH AND material available to the public no later meeting, and the background material HUMAN SERVICES than 2 business days before the meeting. will be posted on FDA’s Web site after If FDA is unable to post the background Food and Drug Administration the meeting. Background material is material on its Web site prior to the available at http://www.fda.gov/ [Docket No. FDA–2015–N–0001] meeting, the background material will AdvisoryCommittees/Calendar/ be made publicly available at the default.htm. Scroll down to the Risk Communication Advisory location of the advisory committee appropriate advisory committee meeting Committee; Notice of Meeting meeting, and the background material link. AGENCY: Food and Drug Administration, will be posted on FDA’s Web site after Procedure: Interested persons may HHS. the meeting. Background material is present data, information, or views, available at http://www.fda.gov/ ACTION: Notice. orally or in writing, on issues pending AdvisoryCommittees/Calendar/ before the committee. Written This notice announces a forthcoming default.htm. Scroll down to the submissions may be made to the contact meeting of a public advisory committee appropriate advisory committee meeting person on or before January 6, 2016. of the Food and Drug Administration link. Oral presentations from the public will (FDA). The meeting will be open to the Procedure: Interested persons may be scheduled between approximately 1 public. present data, information, or views, p.m. and 2 p.m. Those individuals Name of Committee: Risk orally or in writing, on issues pending interested in making formal oral Communication Advisory Committee. before the committee. Written presentations should notify the contact General Function of the Committee: submissions may be made to the contact person and submit a brief statement of To provide advice and person on or before February 9, 2016. the general nature of the evidence or recommendations to the Agency on Oral presentations from the public will arguments they wish to present, the FDA’s regulatory issues. be scheduled between approximately 1 names and addresses of proposed Date and Time: The meeting will be p.m. and 1:30 p.m. on February 16, participants, and an indication of the held on February 16, 2016, from 9 a.m. 2016, and 1 p.m. and 1:30 p.m. on approximate time requested to make to 5 p.m. and February 17, 2016, from February 17, 2016. Those individuals their presentation on or before 9 a.m. to 4 p.m. interested in making formal oral December 29, 2015. Time allotted for Location: FDA White Oak Campus, presentations should notify the contact each presentation may be limited. If the 10903 New Hampshire Ave., Building person and submit a brief statement of number of registrants requesting to 31 Conference Center, the Great Room the general nature of the evidence or speak is greater than can be reasonably (Rm. 1503), Silver Spring, MD 20993. arguments they wish to present, the accommodated during the scheduled Answers to commonly asked questions names and addresses of proposed open public hearing session, FDA may including information regarding special participants, and an indication of the conduct a lottery to determine the accommodations due to a disability, approximate time requested to make speakers for the scheduled open public visitor parking, and transportation may their presentation on or before January hearing session. The contact person will be accessed at: http://www.fda.gov/ 25, 2016. Time allotted for each notify interested persons regarding their AdvisoryCommittees/AboutAdvisory presentation may be limited. If the request to speak by December 31, 2015. Committees/ucm408555.htm. number of registrants requesting to Persons attending FDA’s advisory Contact Person: Lee L. Zwanziger, speak is greater than can be reasonably committee meetings are advised that the Risk Communication Staff, Office of accommodated during the scheduled Agency is not responsible for providing Planning, Food and Drug open public hearing session, FDA may access to electrical outlets. Administration, 10903 New Hampshire conduct a lottery to determine the

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speakers for the scheduled open public ADDRESSES: Submit your comments, characteristics of program participants hearing session. The contact person will including the Information Collection and their utilization of services, such as notify interested persons regarding their Request Title, to the desk officer for program retention. Additionally, these request to speak by February 2, 2016. HRSA, either by email to OIRA_ data will describe several select clinical Persons attending FDA’s advisory [email protected] or by fax to indicators of program participants, such committee meetings are advised that the 202–395–5806. as a child’s usual source of medical Agency is not responsible for providing FOR FURTHER INFORMATION CONTACT: To care. This information will be collected access to electrical outlets. request a copy of the clearance requests from participants at enrollment in home FDA welcomes the attendance of the submitted to OMB for review, email the visiting services and aggregated and public at its advisory committee HRSA Information Collection Clearance reported to HRSA by state/territory meetings and will make every effort to Officer at [email protected] or call grantees once annually. accommodate persons with disabilities. (301) 594–4306. Performance and System Outcome If you require accommodations due to a SUPPLEMENTARY INFORMATION: Benchmark Data: These data constitute disability, please contact Lee L. Information Collection Request Title: a discrete set of standardized Zwanziger at least 7 days in advance of The Maternal, Infant, and Early performance and system outcome the meeting. Childhood Home Visiting Program indicators that correspond with the FDA is committed to the orderly Performance Measurement Information statutorily identified benchmark areas. conduct of its advisory committee System. These data will provide aggregate totals, meetings. Please visit our Web site at OMB No.: 0906–xxxx—NEW. percentages, and rates for performance http://www.fda.gov/Advisory Abstract: The Maternal, Infant, and and system outcome indicators that are Committees/AboutAdvisoryCommittees/ Early Childhood Home Visiting Program salient to the Home Visiting Program, ucm111462.htm for procedures on (MIECHV), administered by HRSA in home visiting services more generally, public conduct during advisory partnership with the Administration for and the at-risk populations served. committee meetings. Children and Families (ACF), supports Notice of this meeting is given under These data will be collected from voluntary, evidence-based home visiting the Federal Advisory Committee Act (5 participants based on the appropriate services during pregnancy and to U.S.C. app. 2). measurement period defined for each parents with young children up to measure and aggregated and reported to Dated: December 15, 2015. kindergarten entry. States and territories HRSA by state/territory grantees once Jill Hartzler Warner, (as well as nonprofit organizations annually. Associate Commissioner for Special Medical selected to provide services in non- This information will be used to Programs. participating states and territories) are demonstrate accountability with [FR Doc. 2015–31893 Filed 12–18–15; 8:45 am] eligible to receive funding from the legislative and programmatic BILLING CODE 4164–01–P Home Visiting Program and have requirements. It will also be used to flexibility to tailor the program to serve monitor and provide continued the specific needs of their communities. oversight for grantee performance and to DEPARTMENT OF HEALTH AND Need and Proposed Use of the target technical assistance resources to HUMAN SERVICES Information: HRSA will use the grantees. In the future, it is anticipated proposed information to demonstrate that Home Visiting Program funding Health Resources and Services program accountability and Administration decisions may be allocated based on continuously monitor and provide grantee performance, including on oversight to state and territory Home Agency Information Collection benchmark performance areas. Visiting Program grantees. The Activities: Submission to OMB for information will also be used to provide Likely Respondents: Home Visiting Review and Approval; Public Comment quality improvement guidance and Program grantees. Request technical assistance to grantees and help Burden Statement: Burden in this AGENCY: Health Resources and Services inform the development of early context means the time expended by Administration, HHS. childhood systems at the national, state, persons to generate, maintain, retain, ACTION: Notice. and local level. HRSA is seeking to disclose or provide the information collect demographic, service utilization, requested. This includes the time SUMMARY: In compliance with Section and select clinical indicators for needed to review instructions; to 3507(a)(1)(D) of the Paperwork participants enrolled in home visiting develop, acquire, install and utilize Reduction Act of 1995, the Health services. In addition, HRSA will collect technology and systems for the purpose Resources and Services Administration a set of standardized performance and of collecting, validating and verifying (HRSA) has submitted an Information system outcome indicators that information, processing and Collection Request (ICR) to the Office of correspond with the statutorily maintaining information, and disclosing Management and Budget (OMB) for identified benchmark areas. and providing information; to train review and approval. Comments Demographic, Service Utilization, and personnel and to be able to respond to submitted during the first public review Clinical Indicators Data: These data will a collection of information; to search of this ICR will be provided to OMB. describe the population served by the data sources; to complete and review OMB will accept further comments from Home Visiting Program, including the the collection of information; and to the public during the review and unduplicated count of the number of transmit or otherwise disclose the approval period. participants and participant groups by information. The total annual burden DATES: Comments on this ICR should be race and ethnicity. These data will hours estimated for this ICR are received no later than January 20, 2016. provide other socio-demographic summarized in the table below.

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TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

Form 1: Demographic, Service Utilization, and Clinical In- dicators Data ...... 56 1 56 425 23,800 Form 2: Performance and System Outcome Benchmark Data ...... 56 1 56 425 23,800

Total ...... 56 ...... 56 ...... 47,600

Jackie Painter, fluorescence excitation and emission Inventors Director, Division of the Executive Secretariat. peaks. The fluorescence intensity can be • Keir Neuman, Ambika Bumb, Han [FR Doc. 2015–31936 Filed 12–18–15; 8:45 am] readily controlled by the size of the Wen, Jennifer Hong and Susanta BILLING CODE 4165–15–P FND, the number of fluorescent centers Sarkar (all of NHLBI) produced in the nanodiamonds, or in • Chang Yi, Lawrence Samelson, Asit situ through the application of a weak Manna (all of NCI) DEPARTMENT OF HEALTH AND magnetic field. The particular advantage Intellectual Property: HHS Reference HUMAN SERVICES of the FND compositions of this No. E–217–2015/0–US–01 invention are that they are particularly • US Provisional Patent Application 62/ National Institutes of Health useful for extended imaging of a single 262,058 filed December 2, 2015. sample over time periods that can be as Government-Owned Inventions; Licensing Contact: Michael long as a week or more. In an exemplary Availability for Licensing Shmilovich, Esq, CLP; 301–435–5019; embodiment, FNDs are immobilized in [email protected]. AGENCY: National Institutes of Health, a substrate that are coated with an inert Collaborative Research Opportunity: HHS. top coating, like silicon dioxide, or The National Heart, Lung and Blood ACTION: Notice. transparent polymer (e.g. poly-L-lysine, Institute seeks statements of capability poly-L-arginine, or siloxanes). or interest from parties interested in SUMMARY: The inventions listed below Generally, any suitable methods known collaborative research to further develop are owned by an agency of the U.S. for surface functionalization of the and evaluate metallic nanoparticle Government and are available for substrate can be used to make the vesicles for cancer phototherapy. For licensing in the U.S. in accordance with composition. In another aspect of this collaboration opportunities, please 35 U.S.C. 209 and 37 CFR part 404 to invention, the inventors designed contact Vincent Kolesnitchenko, Ph.D. achieve expeditious commercialization software for super-resolution imaging at [email protected]. of results of federally-funded research correction method is employed to Dated: December 15, 2015. and development. Foreign patent precisely determine the position Michael Shmilovich, applications are filed on selected coordinates of each of a set of FNDs in inventions to extend market coverage a plurality of images by using Gaussian Senior Licensing and Patenting Manager, National Heart, Lung, and Blood Institute, for companies and may also be available fitting of the point spread function for licensing. Office of Technology Transfer and comprises each of the FNDs in the Development. FOR FURTHER INFORMATION CONTACT: plurality of images. The calculated [FR Doc. 2015–31890 Filed 12–18–15; 8:45 am] Licensing information and copies of the correction is then used to displace each BILLING CODE 4140–01–P U.S. patent applications listed below image to align the coordinates of the may be obtained by emailing the FNDs. The positions of the FNDs can be indicated licensing contact at the tracked with sub-nanometer precision DEPARTMENT OF HEALTH AND National Heart, Lung, and Blood, Office and residual drift can be reduced to the HUMAN SERVICES of Technology Transfer and nanometer scale over hundreds of hours Development Office of Technology of tracking. National Institutes of Health Transfer, 31 Center Drive Room 4A29, MSC2479, Bethesda, MD 20892–2479; Potential Commercial Applications Submission for OMB Review; 30-Day telephone: 301–402–5579. A signed • Fluorescent Microscopy Comment Request; Generic Clearance Confidential Disclosure Agreement may • Super-resolution microscopy for the Collection of Qualitative be required to receive copies of the • Correlative imaging techniques Feedback on Agency Service Delivery patent applications. combing fluorescence microscopy (NIAID) with electron, x-ray, or atomic force SUPPLEMENTARY INFORMATION: SUMMARY: microscopy imaging modalities Under the provisions of Technology description follows. Section 3507(a)(1)(D) of the Paperwork Fluorescent Nanodiamonds as Fiducial Competitive Advantages Reduction Act of 1995, the National Markers for Microscopy • Non-blinking, Non-bleaching Institutes of Health, has submitted to the • Office of Management and Budget Description of Technology Chemically inert • Chemically and physically stable (OMB) a request for review and The invention relates to fluorescent • Broad excitation approval of the information collection nanodiamonds (FNDs) and their uses as • Longevity listed below. This proposed information fiducial markers for microscopy. FNDs collection was previously published in are bright fluorescent probes that do not Development Stage the Federal Register on October 1, 2015, blink or bleach and have broad • In vitro data 80 FR 59168 and allowed 60-days for

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public comment. No public comments plans and instruments, or request more accordance with the Administration’s were received. The purpose of this information on the proposed project, commitment to improving service notice is to allow an additional 30 days contact: Ms. Dione Washington, Health delivery. By qualitative feedback we for public comment. The National Science Policy Analyst, Office of mean information that provides useful Institute of Allergy and Infectious Strategic Planning, Initiative insights on perceptions and opinions, Diseases (NIAID), National Institutes of Development and Analysis, 5601 but are not statistical surveys that yield Health, may not conduct or sponsor, Fishers Lane, Rockville, Maryland quantitative results that can be and the respondent is not required to 20892, or call a non-toll-free number generalized to the population of study. respond to, an information collection 240 669 2100 or Email your request, This feedback will provide information that has been extended, revised, or including your address to about the NIAID’s customer or implemented on or after October 1, [email protected]. Formal stakeholder perceptions, experiences 1995, unless it displays a currently valid requests for additional plans and and expectations, provide an early OMB control number. instruments must be requested in warning of issues with service, or focus Direct Comments to OMB: Written writing. Formal requests for additional attention on areas where comments and/or suggestions regarding plans and instruments must be the item(s) contained in this notice, requested in writing. communication, training or changes in especially regarding the estimated Proposed Collection: Generic operations might improve delivery of public burden and associated response Clearance for the Collection of products or services. These collections time, should be directed to the: Office Qualitative Feedback on Agency Service will allow for ongoing, collaborative and of Management and Budget, Office of Delivery (NIAID), 0925–0668, actionable communications between the Regulatory Affairs, OIRA_submission@ Expiration Date 1/31/2016, NIAID and its customers and omb.eop.gov or by fax to 202–395–6974, EXTENSION, National Institute of stakeholders. It will also allow feedback Attention: NIH Desk Officer. Allergy and Infectious Diseases (NIAID). to contribute directly to the DATES: Comment Due Date: Comments Need and Use of Information improvement of program management. regarding this information collection are Collection: There are no changes being OMB approval is requested for 3 best assured of having their full effect if requested for this submission. The years. There are no costs to respondents received within 30 days of the date of proposed information collection activity other than their time. The total this publication. provides a means to garner qualitative estimated annualized burden hours are FOR FURTHER INFORMATION CONTACT: To customer and stakeholder feedback in 16,100. obtain a copy of the data collection an efficient, timely manner, in

ESTIMATED ANNUALIZED BURDEN HOURS

Number of Annual frequency Hours per Type of collection respondents per response response Total hours

Estimated Annual Reporting Burden

Customer satisfaction surveys ...... 25,000 1 30/60 12,500 In-Depth Interviews (IDIs) or Small Discussion Groups ...... 500 1 90/60 750 Individual Brief Interviews ...... 200 1 15/60 50 Focus Groups ...... 1,000 1 2 2,000 Pilot testing surveys ...... 200 1 30/60 100 Conferences and Training Pre- and Post-surveys ...... 1,000 1 30/60 500 Website or Software Usability Tests ...... 100 1 2 200

Total ...... 28,000 ...... 16,100

Dated: December 15, 2015. proposed collections of information, the ways to minimize the burden of the Brandie Taylor Bumgardner, Substance Abuse and Mental Health collection of information on Project Clearance Liaison, NIAID, NIH. Services Administration (SAMHSA) respondents, including through the use [FR Doc. 2015–31986 Filed 12–18–15; 8:45 am] will publish periodic summaries of of automated collection techniques or proposed projects. To request more other forms of information technology. BILLING CODE 4140–01–P information on the proposed projects or Proposed Project: Community Support to obtain a copy of the information Evaluation (CSE)—New DEPARTMENT OF HEALTH AND collection plans, call the SAMHSA HUMAN SERVICES Reports Clearance Officer on (240) 276– The Substance Abuse and Mental 1243. Health Services Administration Substance Abuse and Mental Health Comments are invited on: (a) Whether (SAMHSA), Center for Mental Health Services Administration the proposed collections of information Services (CMHS), is requesting are necessary for the proper clearance for the new data collection Agency Information Collection performance of the functions of the associated with the CSE. The CSE is a Activities: Proposed Collection; agency, including whether the multicomponent evaluation of two Comment Request information shall have practical utility; SAMHSA programs—Behavioral Health (b) the accuracy of the agency’s estimate Treatment Court Collaborative (BHTCC) In compliance with Section of the burden of the proposed collection and Transforming Lives through 3506(c)(2)(A) of the Paperwork of information; (c) ways to enhance the Supported Employment (SE). SE intends Reduction Act of 1995 concerning quality, utility, and clarity of the to promote recovery for individuals opportunity for public comment on information to be collected; and (d) with serious mental illness, substance

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use, and co-occurring mental and versions of the SLA KIIs: (1) Court the basis of input from the 17 BHTCC substance use disorders. The programs personnel (administrators, coordinators, sites. are rooted in the belief that recovery is judges, attorneys), (2) service provider D Exercises 3 and 4—Keys to Recovery a holistic process bolstered by trauma- (case managers, BHTCC peer Maps 2 and 3: In Year four, two groups informed care and individual- and specialists), and (3) consumer (clients, of up to five BHTCC grantees with a community-level support. family members). Grantee staff will particular court structure or program The purpose of the CSE is to (1) assist with respondent recruitment by focus (e.g., veterans’ court and other describe and assess BHTCC and SE collecting consent to contact from BHTCC types of court models, such as grantee activities and procedures, potential participants and forwarding key recovery supports addressing a including the intermediate or direct the forms to the CSE team. The SLA KIIs specific aspect or type of severe mental effects of the programs on participants; will be conducted in grant years two illness) will participate in two concept (2) document the application and and four via telephone or Skype. The mapping exercises to generate KTR sanctioned adaptations of BHTCC SLA KIIs will cover the same maps. The program focus will be programs in the justice system and of information across years; however, the determined after the initial site-specific the SE Program; and (3) design and Year 4 SLA KIIs also will ask for maps have been analyzed. Up to 20 implement plans to disseminate specific plans for future stakeholders from each participating knowledge about how to replicate implementation. grantee will engage in brainstorming effective projects in other States, Concept Mapping: A total of four and sorting/rating activities. territories, tribal nations, and concept mapping exercises will be Respondents will participate via Web, communities. Findings will inform conducted—one local and three cross- telephone, or paper/pencil. current grantees, policymakers, and the site concept maps will be created. All 18-Month Client Level Abstraction field about ways to transform the concept mapping exercises will be Tool: The 18-Month Tool is an Excel- behavioral health system to cultivate coordinated at the local level with based tool that collects existing data on resiliency and recovery, actively assistance from the CSE team. Beginning long-term client outcomes on collaborate with and engage, and in Year two, each grantee will identify recidivism. Data include (1) rearrest improve service delivery for individuals and recruit up to 20 stakeholders dates (from the National Crime with serious mental, substance, and co- (BHTCC peers, consumers, family Information Center database), (2) occurring disorders who are in recovery. members of consumers, and court recommitment dates (from State Eight data collection activities personnel) to participate in the first departments of corrections and local/ compose the CSE—five for exercise. Concept mapping will be county jails and corrections), (3) administration with BHTCC program conducted via a Web-based program; revocation dates (from State and local grantees and three to be conducted with accommodations will be made for corrections), and (4) risk assessment SE program grantees. respondents who do not have access to quantitative score. Grantee staff will complete the tool at 18 months from the BHTCC Study Instruments computers via telephone or paper/ pencil. baseline period for any client enrolled Biannual Program Inventory (BPI)– D Exercise 1—Local Concept Maps: in the BHTCC program. Beginning in BHTCC: The BPI–BHTCC is a Web- Between Years two and three, each year two, grantees will upload all based survey that will capture BHTCC grantee will generate a local extracted data on a quarterly basis. In infrastructure development and direct concept map identifying the priority their final upload (last month of grant services that are part of the BHTCC supports for recovery. The exercise will activity), grantees will include data for programs. Data include the types of take place in two parts. First, all clients not currently submitted planning, infrastructure, and participants will be asked to brainstorm including those enrolled less than 18 collaboration grantees are as many responses as they wish to a months. The 18-Month Tool will be implementing; trainings conducted; and focus prompt about system-level change completed by BHTCC grantee evaluation direct services offered as part of the (e.g., one way that this BHTCC staff using existing sources. In addition, program. The BPI will be completed by collaborative provides support to court staff (e.g., court clerks) from two grantee evaluation staff twice yearly consumers is . . .). At a later date, local BHTCC comparison courts will (April and October) over the grant staff will ask participants to sort and complete the tool for non-BHTCC period. rate the full list of responses from the participants as part of a comparison System-Level Assessment (SLA) Key brainstorming activity in ‘‘any way that study. Informant Interviews (KIIs): The SLA makes sense’’ to them. Respondents will Comparison Study Client Level KIIs will be conducted with five sort/rate the responses—once for Abstraction Tool: The Comparison stakeholders from each BHTCC grantee importance and once for frequency— Study Tool is an Excel-based tool that to assess collaboration strategies to into groups and name them. The collects existing data on comparison expand or better serve participants; resulting information will be entered cases (individuals who are not processes for recruiting, screening, and into Concept System software to participating in the BHTCC program but retaining participants; practices to generate a local map identifying the are comparable in program eligibility) at ensure treatment adherence and most important aspects of the grantee baseline and six months. Baseline data criminal justice compliance; and program that support recovery. include demographics and status of involvement of consumers in program D Exercise 2—Keys to Recovery (KTR) screening for co-occurring disorders, planning and implementation. Data Map 1: In Year four, up to 20 employment, and probation/parole. Data include implementation processes/ stakeholders from each BHTCC grantees abstracted through the six-month tool outcomes; service infrastructure, will participate in a second sorting/ include employment status, probation/ capacity, entry, and delivery processes; rating of local concept mapping parole status, services received (e.g., management structure; reward and information. Grantee staff will develop case management, treatment, medical sanction models; trauma-informed a list of the most common brainstormed care, after care, peer-to-peer recovery practices; collaboration among BHTCC responses to the original local concept support, and education) and number of participants; and facilitators and mapping exercise. The information will days services were received. barriers to collaboration. There are three be used to generate a cross-site map on Respondents will include court staff

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(e.g., court clerks) at comparison courts development, State-level collaboration, implementation best practices. who have regular interaction with partnerships and policies, and Employment Needs FGs will be clients during their involvement in the scalability and sustainability. There are conducted with employment specialists justice system. Respondents will two versions of the SSA KIIs—each is and employers (who have and have not complete the tool on the basis of (1) tailored to the intended audience: (1) participated in the program) virtually court paperwork and (2) information State-level administrator (project using a Web-based platform (such as discussed during regular court-related directors, agency directors, SECC JoinMe) in years two and four of grant interactions. members) and (2) local, pilot-level funding. Specific topics are tailored to service provider (local service provider). respondent type. SE Study Instruments The SSA KIIs will be conducted D Employment specialists will discuss Biannual Program Inventory–SE: The remotely by telephone and/or Skype training received and techniques used to BPI–SE is a Web-based survey that technology in years two and four of the engage employers, the needs and captures the infrastructure development evaluation with five stakeholders from experiences of clients and employers, and direct services that are part of the each SE grantee. The KIIs cover the facilitators and barriers to program SE programs. Data include the types of same information across years; however, implementation, and program planning that SE grantees and local Year four KIIs will follow up on how the scalability and sustainability. The implementation sites are implementing infrastructure and activities taking place employment specialist FG will take 90 and activities and infrastructure in Year two come to fruition. minutes. developed as part of the project. The BPI Employment Needs Focus Groups D Employers (e.g., hiring managers, is administered twice yearly (April and (FGs): The employment needs FGs will supervisors) will discuss experiences October) over the grant period and will be conducted to gather information and satisfaction with the program, be completed by SE grantee program about the needs and experiences of factors that facilitate and pose barriers staff. employment specialists, consumers, and to their participation, and program Scalability/Sustainability Assessment employers as they relate to supported scalability and sustainability. The (SSA) KIIs: The SSA KIIs will be employment principles and program employer FG will take 60 minutes. conducted with various stakeholders to goals. Data include local program The estimated response burden to assess local SE program resources, implementation, the adoption of collect this information associated with infrastructure, outcomes, sustainability, policies and practices for sustainability the CSE is as follows, annualized over and scalability from stakeholders. Data and scalability, and recommendations the requested three-year clearance include changes in outcomes, workforce for program improvement and period, as presented below:

TOTAL AND ANNUALIZED AVERAGES: RESPONDENTS, RESPONSES, AND HOURS

Responses Burden per Instrument Number of per Total Number response Annual burden respondents respondent of responses (hours) (hours) *

BHTCC Study Instruments

Biannual Program Inventory–BHTCC ...... 17 2 34 0 .75 26 System Level Assessment KIIs ...... 58 1 58 1 58 18-Month Abstraction Tool ...... 19 1 19 5 .40 102.6 Comparison Study Abstraction Tool (BL) ...... 2 1 2 7 14 Comparison Study Tool (6 Mo) ...... 2 1 2 7 14 Concept Mapping Brainstorm/Sort/Rate ...... 180 1 180 1 180 Concept Mapping Sort/Rate ...... 115 1 115 0 .5 58

SE Study Instruments

Biannual Program Inventory–SE ...... 7 2 14 0.75 11 Sustainability/Scalability KIIs ...... 28 1 28 1 28 Employer FG ...... 28 1 28 1 28 Employment Specialist FG ...... 28 1 28 1.5 42

Total ...... 467 ...... 508 ...... 562 * Rounded to the nearest whole number.

Send comments to Summer King, DEPARTMENT OF HOMELAND ACTION: 30-Day notice and request for SAMHSA Reports Clearance Officer, SECURITY comments; extension of an existing Room 2–1057, One Choke Cherry Road, collection of information. Rockville, MD 20857 OR email a copy U.S. Customs and Border Protection to [email protected]. SUMMARY: U.S. Customs and Border Written comments should be received [1651–0138] Protection (CBP) of the Department of by February 19, 2016. Homeland Security will be submitting Agency Information Collection the following information collection Summer King, Activities: Biometric Identity request to the Office of Management and Statistician. Budget (OMB) for review and approval [FR Doc. 2015–31951 Filed 12–18–15; 8:45 am] AGENCY: U.S. Customs and Border in accordance with the Paperwork Protection, Department of Homeland Reduction Act: Biometric Identity. This BILLING CODE 4162–20–P Security. is a proposed extension of an

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information collection that was soliciting comments concerning the Dated: December 14, 2015. previously approved. CBP is proposing following information collection: Tracey Denning, that this information collection be Title: Biometric Identity Agency Clearance Officer, U.S. Customs and extended with a change to the burden OMB Number: 1651–0138 Border Protection. hours but no change to the information Abstract: In order to enhance national [FR Doc. 2015–32019 Filed 12–18–15; 8:45 am] collected. This document is published security, the Department of Homeland BILLING CODE 9111–14–P to obtain comments from the public and Security developed a biometric based affected agencies. entry and exit system capable of DATES: Written comments should be improving the information resources DEPARTMENT OF HOUSING AND received on or before January 20, 2016 available to immigration and border URBAN DEVELOPMENT to be assured of consideration. management decision-makers. These [Docket No. FR–5831–N–64] ADDRESSES: Interested persons are biometrics include: digital fingerprint invited to submit written comments on scans, photographs, facial images and 60-Day Notice of Proposed Information this proposed information collection to iris images, or other biometric Collection: Generic Customer the Office of Information and Regulatory identifiers. Biometrics are collected Satisfaction Surveys Affairs, Office of Management and from those aliens specified in 8 CFR Budget. Comments should be addressed 215.8 and 8 CFR 235.1(f). Non-exempt, AGENCY: Office of the Chief Information to the OMB Desk Officer for Customs non-U.S. citizens will have their facial Officer, HUD. and Border Protection, Department of and iris images captured upon entry to ACTION: Notice. Homeland Security, and sent via and exit from the United States. The electronic mail to oira_submission@ information collected is used to provide SUMMARY: HUD is seeking approval from omb.eop.gov or faxed to (202) 395–5806. assurance of identity and determine the Office of Management and Budget admissibility of those seeking entry into (OMB) for the information collection FOR FURTHER INFORMATION CONTACT: the United States. described below. In accordance with the Requests for additional information The federal statutes that mandate DHS Paperwork Reduction Act, HUD is should be directed to Tracey Denning, requesting comment from all interested U.S. Customs and Border Protection, to create a biometric entry and exit system include: Section 2(a) of the parties on the proposed collection of Regulations and Rulings, Office of information. The purpose of this notice International Trade, 90 K Street NE., Immigration and Naturalization Service Data Management Improvement Act of is to allow for 60 days of public 10th Floor, Washington, DC 20229– comment. 1177, at 202–325–0265. 2000 (DMIA), Public Law 106–215, 114 Stat. 337 (2000); Section 205 of the Visa DATES: Comments Due Date: February SUPPLEMENTARY INFORMATION: This Waiver Permanent Program Act of 2000, 19, 2016. proposed information collection was Public Law 106–396, 114 Stat. 1637, previously published in the Federal ADDRESSES: Interested persons are 1641 (2000); Section 414 of the Uniting invited to submit comments regarding Register (80 FR 25313) on May 4, 2015, and Strengthening America by allowing for a 60-day comment period. this proposal. Comments should refer to Providing Appropriate Tools Required the proposal by name and/or OMB This notice allows for an additional 30 to Intercept and Obstruct Terrorism Act days for public comments. This process Control Number and should be sent to: of 2001 (USA PATRIOT Act), Public Colette Pollard, Reports Management is conducted in accordance with 5 CFR Law 107–56, 115 Stat. 272, 353 (2001); 1320.10. CBP invites the general public Officer, QDAM, Department of Housing Section 302 of the Enhanced Border and Urban Development, 451 7th Street and other Federal agencies to comment Security and Visa Entry Reform Act of on proposed and/or continuing SW., Room 4176, Washington, DC 2002 (Border Security Act), Public Law 20410–5000; telephone 202–402–3400 information collections pursuant to the 107–173, 116 Stat. 543, 552, (2002); Paperwork Reduction Act of 1995 (Pub. (this is not a toll-free number) or email Section 7208 of the Intelligence Reform at [email protected] for a copy of L. 104–13; 44 U.S.C. 3507). The and Terrorism Prevention Act of 2004 comments should address: (a) Whether the proposed forms or other available (IRTPA), Public Law 108–458, 118 Stat. information. Persons with hearing or the collection of information is 3638, 3817 (2004); and Section 711 of necessary for the proper performance of speech impairments may access this the Implementing Recommendations of number through TTY by calling the toll- the functions of the agency, including the 9/11 Commission Act of 2007, whether the information shall have free Federal Relay Service at (800) 877– Public Law 110–52, 121 Stat. 266 8339. practical utility; (b) the accuracy of the (2007). FOR FURTHER INFORMATION CONTACT: agency’s estimates of the burden of the Current Actions: This submission is collection of information; (c) ways to Colette Pollard, Reports Management being made to extend the expiration Officer, QDAM, Department of Housing enhance the quality, utility, and clarity date with a change to the burden hours of the information to be collected; (d) and Urban Development, 451 7th Street based on most recent estimates for the SW., Washington, DC 20410; email ways to minimize the burden, including annual number of responses. There are the use of automated collection Colette Pollard at Colette.Pollard@ no changes to the information being hud.gov or telephone (202) 402–3400. techniques or the use of other forms of collected. information technology; and (e) the This is not a toll-free number. Persons Type of Review: Extension (with annual costs to respondents or record with hearing or speech impairments change). keepers from the collection of may access this number through TTY by information (total capital/startup costs Affected Public: Individuals. calling the toll-free Federal Relay and operations and maintenance costs). Estimated Number of Respondents: Service at (800) 877–8339. The comments that are submitted will 113,200,000. Copies of available documents be summarized and included in the CBP Estimated Time per Respondent: submitted to OMB may be obtained request for OMB approval. All .0097 hours. from Ms. Pollard. comments will become a matter of Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: This public record. In this document, CBP is Hours: 1,098,040. notice informs the public that HUD is

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seeking approval from OMB for the C. Authority announcing and requesting comments information collection described in Section 3507 of the Paperwork in a notice of availability (80 FR 15249) Section A. Reduction Act of 1995, 44 U.S.C. on March 23, 2015. The 30-day comment period ended on April 22, A. Overview of Information Collection Chapter 35. 2015. A summary of public comments Title of Information Collection: Dated: December 15, 2015. and the agency responses is included in Generic Customer Satisfaction Surveys. Colette Pollard, the final CCP. Department Paperwork Reduction Act Officer, OMB Approval Number: 2535–0116. Background Type of Request: Extension on a Office of the Chief Information Officer. currently approved. [FR Doc. 2015–31988 Filed 12–18–15; 8:45 am] The National Wildlife Refuge System Description of the need for the BILLING CODE 4210–67–P Administration Act of 1966, as amended information and proposed use: by the National Wildlife Refuge System Executive Order 12862, ‘‘Setting Improvement Act of 1997 (16 U.S.C. Customer Service Standards’’ requires DEPARTMENT OF THE INTERIOR 668dd–668ee) (Administration Act), that Federal agencies provide the requires us to develop a CCP for each Fish and Wildlife Service highest quality service to our customers national wildlife refuge. The purpose in by identifying them and determining [FWS–R3–R–2015–N197]; developing a CCP is to provide refuge what they think about our services. The [FXRS1261030000–167–FF03R02000] managers with a 15-year strategy for surveys covered in the request for a achieving refuge purposes and generic clearance will provide HUD a Whittlesey Creek National Wildlife contributing toward the mission of the means to gather this data directly from Refuge, Bayfield County, Wisconsin; National Wildlife Refuge System our customers. HUD will conduct Final Comprehensive Conservation (NWRS), consistent with sound various customer satisfaction surveys to Plan and Finding of No Significant principles of fish and wildlife gather feedback and data directly from Impact for Environmental Assessment management, conservation, legal our customers to determine the kind mandates, and Service policies. In AGENCY: Fish and Wildlife Service, addition to outlining broad management and quality of services and products Interior. they want and expect to receive. direction on conserving wildlife and ACTION: Notice of availability. their habitats, CCPs identify wildlife- OMB Control Number, if applicable: dependent recreational opportunities N/A. SUMMARY: We, the U.S. Fish and available to the public, including Estimation of the total number of Wildlife Service (Service), announce the opportunities for hunting, fishing, hours needed to prepare the information availability of a final comprehensive wildlife observation and photography, collection including number of conservation plan (CCP) and finding of and environmental education and respondents, frequency of response, and no significant impact (FONSI) for the interpretation. We will review and hours of response: The number of environmental assessment (EA) for the update the CCP at least every 15 years burden hours is 13,229. The number of Whittlesey Creek National Wildlife in accordance with the Administration respondents is 117,248, the number of Refuge (Refuge, NWR). In this final CCP, Act. responses is 117,248, the frequency of we describe how we intend to manage Each unit of the NWRS was response is on occasion, and the burden the refuge for the next 15 years. hour per response is .80. established for specific purposes. We ADDRESSES: You will find the final CCP, use these purposes as the foundation for B. Solicitation of Public Comment a summary of the final CCP, and the EA/ developing and prioritizing the FONSI on the planning Web site at management goals and objectives for This notice is soliciting comments http://www.fws.gov/midwest/planning/ each refuge within the NWRS mission, from members of the public and affected whittleseycreek/index.html. A limited and to determine how the public can parties concerning the collection of number of hard copies and CD–ROMs use each refuge. The planning process is information described in Section A on are available. You may request one by a way for us and the public to evaluate the following: any of the following methods: management goals and objectives that • (1) Whether the proposed collection Email: [email protected]. Include will ensure the best possible approach of information is necessary for the ‘‘Whittlesey Creek Final CCP’’ in the to wildlife, plant, and habitat proper performance of the functions of subject line of the message. conservation, while providing for • the agency, including whether the U.S. Mail: Whittlesey Creek NWR, wildlife-dependent recreation information will have practical utility; c/o Northern Great Lakes Visitor Center, opportunities that are compatible with (2) The accuracy of the agency’s 29270 County Highway G, Ashland, WI each refuge’s establishing purposes and estimate of the burden of the proposed 54806. the mission of the NWRS. collection of information; FOR FURTHER INFORMATION CONTACT: Tom (3) Ways to enhance the quality, Kerr, 715–246–7784. Additional Information utility, and clarity of the information to SUPPLEMENTARY INFORMATION: The final CCP may be found at http:// be collected; and www.fws.gov/midwest/planning/ (4) Ways to minimize the burden of Introduction whittleseycreek/index.html. The final the collection of information on those With this notice, we complete the CCP includes detailed information who are to respond; including through CCP process for Whittlesey Creek about the planning process, refuge, the use of appropriate automated National Wildlife Refuge, which we issues, and management alternative collection techniques or other forms of began by publishing a notice of intent in selected. The Web site also includes an information technology, e.g., permitting the Federal Register (78 FR 3909) on EA and FONSI, prepared in accordance electronic submission of responses. January 17, 2013. For more about the with the National Environmental Policy HUD encourages interested parties to initial process and the history of this Act (NEPA) (43 U.S.C. 4321 et seq.). The submit comment in response to these refuge, see that notice. We released the EA/FONSI includes discussion of four questions. draft CCP and EA to the public, alternative Refuge management options.

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The Service’s selected alternative is FOR FURTHER INFORMATION CONTACT: university professors). Some will have reflected in the final CCP. Abigail Lynch, Research Fish Biologist, federal affiliations. The selected alternative focuses on at (703) 648–4097 or [email protected]. Estimated Total Number of Annual continued participation in the SUPPLEMENTARY INFORMATION: Responses: 100. interagency coaster brook trout Estimated Time per Response: 5 restoration program in Whittlesey Creek. I. Abstract minutes per response. The quantity and quality of coldwater Inland fisheries are especially Estimated Annual Burden Hours: 8.3 stream, forest, and coastal wetland vulnerable to the impacts of climate hours. habitat for native fish, migratory birds, change at a global scale; although inland Estimated Reporting and and other wildlife will increase. fish are vital to ecosystem health and Recordkeeping ‘‘Non-Hour Cost’’ Floodplain and watershed hydrology function and provide invaluable Burden: None. will better emulate natural seasonal and ecosystem services to communities long-term variability. Service worldwide, much research remains to III. Request for Comments participation in the Northern Great be done. Researchers have been We are soliciting comments as to: (a) Lakes Visitor Center (NGLVC) projecting and documenting impacts of Whether the proposed collection of partnership will continue. Refuge staff climate change on fisheries since the information is necessary for the agency will participate in NGLVC programs that 1980s; thus, there is a large body of to perform its duties, including whether align with the NWRS mission and literature available online. Traditional the information is useful; (b) the Refuge purposes. A detailed description search engines provide large outputs of accuracy of the agency’s estimate of the of objectives and actions included in studies and reports that must be burden of the proposed collection of this selected alternative is found in individually screened for relevance information; (c) ways to enhance the chapter 4 of the final CCP. when searching for climate change quality, usefulness, and clarity of the effects on fisheries. This large output information to be collected; and (d) how Charles M. Wooley, could result in the exclusion of some to minimize the burden on the Acting Regional Director. studies in analyses of the effects of respondents, including the use of [FR Doc. 2015–31987 Filed 12–18–15; 8:45 am] climate change on inland fisheries. Our automated collection techniques or BILLING CODE 4333–15–P goal is to compare traditional literature other forms of information technology. search methods with using a network of Please note that the comments fisheries professionals to identify submitted in response to this notice are DEPARTMENT OF THE INTERIOR relevant climate change and fisheries a matter of public record. Before Geological Survey studies to determine if both methods including your personal mailing yield similar or dissimilar results. address, phone number, email address, [GX16EN05ESB0500] We plan to query research scientists or other personally identifiable belonging to major professional fisheries information in your comment, you Agency Information Collection societies via electronic correspondence should be aware that your entire Activities: Request for Comments and request a list of their already comment, including your personally AGENCY: U.S. Geological Survey (USGS), published references to include in the identifiable information, may be made Interior. collection. We are specifically looking publicly available at any time. While ACTION: Notice of a new information for published studies addressing you can ask us in your comment to collection, Are literature searches projected and documented effects of withhold your personally identifiable finding your publications? climate change on fisheries. The information from public view, we information will be used to generate a cannot guarantee that we will be able to SUMMARY: We (the U.S. Geological scientific manuscript. The only Personal do so. Survey) will ask the Office of Identifiable Information we will collect Shawn Carter, Management and Budget (OMB) to is the scientist’s name. Our information approve the information collection (IC) collection request directly aligns to the Senior Scientist, National Climate Change and Wildlife Science Center. described below. As required by the mission of the USGS National Climate Paperwork Reduction Act (PRA) of Change and Wildlife Science Center [FR Doc. 2015–31983 Filed 12–18–15; 8:45 am] 1995, and as part of our continuing (NCCWSC). One of NCCWSC’s goals is BILLING CODE 4338–11–P efforts to reduce paperwork and to deliver products, information, and respondent burden, we invite the tools to scientists and stakeholders on DEPARTMENT OF THE INTERIOR general public and other Federal climate change and wildlife science, agencies to take this opportunity to and the resulting manuscript aligns with [ Geological Survey comment on this IC. these goals. [GX16EN05ESB0500] DATES: To ensure that your comments II. Data are considered, we must receive them Agency Information Collection on or before February 19, 2016. OMB Control Number: 1028–NEW. Activities: Request for Comments Title: Are literature searches finding ADDRESSES: You may submit comments your publications? AGENCY: U.S. Geological Survey (USGS), on this information collection to the Type of Request: New information Department of the Interior. Information Collection Clearance collection. ACTION: Notice of a new information Officer, U.S. Geological Survey, 12201 Affected Public: English-speaking collection, Climate Change Effects on Sunrise Valley Drive MS 807, Reston, research scientists. Wildlife Virtual Library VA 20192 (mail); (703) 648–7197 (fax); Respondent’s Obligation: None. or [email protected] (email). Participation is strictly voluntary. SUMMARY: We, U.S. Geological Survey, Please reference ‘Information Collection Frequency of Collection: One time. will ask the Office of Management and 1028–NEW, Are literature searches Estimated Annual Number of Budget (OMB) to approve the finding your publications? in all Respondents: 100. Respondents will be information collection (IC) described correspondence. made up of mostly academics (i.e., below. As required by the Paperwork

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Reduction Act (PRA) of 1995, and as specifically looking for published information; (c) ways to enhance the part of our continuing efforts to reduce studies addressing projected and quality, usefulness, and clarity of the paperwork and respondent burden, we documented effects of climate change information to be collected; and (d) how invite the general public and other on wildlife. None of the information to minimize the burden on the Federal agencies to take this contains personal identifiable respondents, including the use of opportunity to comment on this IC. information. We plan to store all this automated collection techniques or DATES: To ensure that your comments information in a virtual bibliography other forms of information technology. are considered, we must receive them that can be updated by a USGS point of Please note that the comments on or before February 19, 2016. contact as more studies are published submitted in response to this notice are ADDRESSES: You may submit comments and included in the database. a matter of public record. Before on this information collection to the Furthermore, some of this information including your personal mailing Information Collection Clearance may be used to generate external reports address, phone number, email address, Officer, U.S. Geological Survey, 12201 (i.e., scientific manuscripts), used in or other personally identifiable Sunrise Valley Drive MS 807, Reston, research data input, and in statistical information in your comment, you VA 20192 (mail); (703) 648–7197 (fax); analysis. Our information collection should be aware that your entire or [email protected] (email). request directly aligns to the mission of comment, including your personally Please reference ‘Information Collection the USGS National Climate Change and identifiable information, may be made 1028–NEW, [Climate Change Effects on Wildlife Science Center (NCCWSC). One publicly available at any time. While Wildlife Virtual Library] in all of NCCWSC’s goals is to deliver you can ask us in your comment to correspondence. products, information, and tools to withhold your personally identifiable information from public view, we FOR FURTHER INFORMATION CONTACT: scientists and stakeholders on climate cannot guarantee that we will be able to Abigail Lynch, Research Fish Biologist, change and wildlife science, and this do so. at (703) 648–4097 or [email protected]. collection would do just that. SUPPLEMENTARY INFORMATION: II. Data Shawn Carter, I. Abstract OMB Control Number: 1028–NEW. Senior Scientist. Title: Climate Change Effects on [FR Doc. 2015–31984 Filed 12–18–15; 8:45 am] Wildlife is an essential recreational, Wildlife Virtual Library. BILLING CODE 4338–11–P commercial, and cultural resource to Type of Request: New information communities worldwide, while also collection. being vital to ecosystem health and Affected Public: English-speaking DEPARTMENT OF THE INTERIOR function. For our purposes, the term wildlife research scientists. wildlife encompasses mammals, fish, Respondent’s Obligation: None. Bureau of Indian Affairs amphibians, reptiles and birds. As Participation is strictly voluntary. [167 A2100DD/AAKC001030/A0A501010. climate change and other anthropogenic Frequency of Collection: One time to 999900] activities continue to threaten wildlife occasionally. Scientists have the option at a global scale, continued research and to submit papers one time after the Notice of Deadline for Submitting increased understanding of the effects of initial request and then periodically as Completed Applications To Begin climate change on organisms is they publish additional relevant papers. Participation in the Tribal Self- imperative for future wildlife Estimated Annual Number of Governance Program in Fiscal Year management and conservation. Respondents: 500. Breakdown: 2017 or Calendar Year 2017 Researchers have been studying and Approximately 350 will be from speculating on the effects of climate AGENCY: Bureau of Indian Affairs, academic institutions and 150 will be Interior. change on wildlife for decades; thus, from state or federal agencies. ACTION: there is a large body of climate change Estimated Total Number of Annual Notice. and wildlife literature available. Responses: 500. SUMMARY: In this notice, the Office of Traditional search engines provide large Estimated Time per Response: 5 Self-Governance (OSG) establishes a outputs of studies and reports that must minutes per response. deadline of March 1, 2016, for Indian be individually screened for relevance Estimated Annual Burden Hours: 41.7 tribes/consortia to submit completed when searching for climate change hours. applications to begin participation in effects on specific taxonomic groups. Estimated Reporting and the tribal self-governance program in This large output can be burdensome Recordkeeping ‘‘Non-Hour Cost’’ Fiscal Year 2017 or Calendar Year 2017. and could result in the exclusion of Burden: None. DATES: Completed application packages some studies in analyses. Our goal is to Public Disclosure Statement: The PRA must be received by the Director, Office streamline this process for researchers (44 U.S.C. 3501, et seq.) provides that an of Self-Governance, by March 1, 2016. and the public by having a virtual agency may not conduct or sponsor and collection of studies highlighting you are not required to respond to a ADDRESSES: Application packages for climate change effects (both projected collection of information unless it inclusion in the applicant pool should and documented) on wildlife at a global displays a currently valid OMB control be sent to Ms. Sharee M. Freeman, scale. This collection would provide number and current expiration date. Director, Office of Self-Governance, researchers with quicker and easier Department of the Interior, Mail Stop access to get the information they need III. Request for Comments 355–G–SIB, 1951 Constitution Avenue in less time and with less effort. We are soliciting comments as to: (a) NW., Washington, DC 20240. We plan to query research scientists Whether the proposed collection of FOR FURTHER INFORMATION CONTACT: Dr. belonging to professional societies and information is necessary for the agency Kenneth D. Reinfeld, Office of Self- list servers via electronic to perform its duties, including whether Governance, telephone (703) 390–6551. correspondence and request a list of the information is useful; (b) the SUPPLEMENTARY INFORMATION: Under the their already published references to accuracy of the agency’s estimate of the Tribal Self-Governance Act of 1994 include in the collection. We are burden of the proposed collection of (Pub. L. 103–413), as amended by the

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Fiscal Year 1997 Omnibus control number 1076–0143, Tribal Self- Relay Service (FIRS) at 1–800–877–8339 Appropriations Bill (Pub. L. 104–208), Governance Program, which expires to contact the above individual during the Director, Office of Self-Governance January 31, 2016. We estimate the normal business hours. The FIRS is may select up to 50 additional annual burden associated with this available 24 hours a day, 7 days a week, participating tribes/consortia per year collection to average 55 hours per to leave a message or question with the for the tribal self-governance program, respondent. This includes the time for above individual. You will receive a and negotiate and enter into a written reviewing instructions and gathering reply during normal business hours. funding agreement with each and submitting the information to the SUPPLEMENTARY INFORMATION: The participating tribe. The Act mandates Department. Comments regarding this Approved RMP provides a that the Secretary submit copies of the collection may be directed to: comprehensive management plan for funding agreements at least 90 days Information Collection Clearance the long-term protection and before the proposed effective date to the Officer, Office of Regulatory Affairs & management of the Monument, totaling appropriate committees of the Congress Collaborative Action—Indian Affairs, 5,255 acres of surface estate in southern and to each tribe that is served by the 1849 C Street NW., MS–3642–MIB, New Mexico. The RMP prescribes Bureau of Indian Affairs (BIA) agency Washington, DC 20240. appropriate uses and management of the that is serving the tribe that is a party Dated: December 14, 2015. Monument, consistent with the to the funding agreement. Initial provisions of its designating legislation negotiations with a tribe/consortium Kevin K. Washburn, Assistant Secretary—Indian Affairs. (Omnibus Public Land Management Act located in a region and/or agency which of 2009), and replaces the 1993 Mimbres [FR Doc. 2015–31891 Filed 12–18–15; 8:45 am] has not previously been involved with RMP within the Monument boundaries. BILLING CODE 4337–15–P self-governance negotiations, will take Major issues associated with the approximately two months from start to Monument include Paleontological finish. Agreements for an October 1 to DEPARTMENT OF THE INTERIOR Research and Protection, Interpretation September 30 funding year need to be and Education, Trails and Travel signed and submitted by July 1. Bureau of Land Management Management, Recreation and Visitor Agreements for a January 1 to December Services, Wildlife, Livestock, 31 funding year need to be signed and [LLNML0000 L16100000.DR0000 Vegetation, wilderness characteristics, submitted by October 1. 15XL1109AF] recreational target shooting closures, Purpose of Notice Notice of Availability of the Record of Visual Resources, and Socioeconomics. The regulations at 25 CFRs 1000.10 to Decision for the Prehistoric Trackways The Approved RMP is very similar to 1000.31 will be used to govern the National Monument Resource the one set forth in the Preferred application and selection process for Management Plan Alternative for the Prehistoric tribes/consortia to begin their Trackways National Monument AGENCY: Bureau of Land Management, participation in the tribal self- Proposed RMP/Final Environmental Interior. governance program in Fiscal Year 2017 (EIS) published in December 2014. and Calendar Year 2017. Applicants ACTION: Notice of availability. Modifications to the proposed plan corrected errors that were noted during should be guided by the requirements in SUMMARY: The Bureau of Land these subparts in preparing their review of the Proposed RMP/Final EIS Management (BLM) announces the and provide further clarification for applications. Copies of these subparts availability of the Record of Decision may be obtained from the information decisions in travel management (ROD) for the Approved Resource planning and visitor services. contact person identified in this notice. Management Plan (RMP) for the Tribes/consortia wishing to be The RMP process began with a Notice Prehistoric Trackways National of Intent (NOI) published in the Federal considered for participation in the tribal Monument (Monument) located in self-governance program for fiscal year Register on January 5, 2010. This southern New Mexico. The New Mexico announced a 30-day public comment 2017 or calendar year 2017 must Acting State Director signed the ROD on respond to this notice, except for those period. During that time, a public November 5, 2015, which constitutes meeting was held in Las Cruces in order tribes/consortia which are: (1) Currently the final decision of the BLM and makes involved in negotiations with the to introduce the planning process to the the Approved RMP effective public and solicit comments. On Department; or (2) one of the 115 tribal immediately. entities with signed agreements. September 22, 2010, a public workshop ADDRESSES: Copies of the ROD/ was held to re-engage the public for the Paperwork Reduction Act Statement Approved RMP are available upon RMP and to verify that the BLM had a Under the Paperwork Reduction Act request from the District Manager, Las sufficient range of alternatives. of 1995 (PRA), as implemented by the Cruces District Office, Bureau of Land Availability of the Draft RMP/EIS was Office of Management and Budget Management, 1800 Marquess Street, Las published July 20, 2012, in the Federal (OMB) in 5 CFR 1320, a person is not Cruces, NM 88005 or via http:// Register (77 FR 42758) to announce a required to respond to a collection of www.blm.gov/nm/trackwaysrmp. Copies 90-day public review and comment information by a Federal Agency unless of the ROD/Approved RMP are available period of the draft document. During the collection displays a valid OMB for public inspection at the Las Cruces this period, the BLM held one public control number. The application and District Office. open-house meeting in Las Cruces for reporting requirements related to this FOR FURTHER INFORMATION CONTACT: the purpose of assisting the public in program are considered to be a Jennifer Montoya, Planning and their review and to solicit their collection of information subject to the Environmental Specialist, telephone comments. The Draft RMP/EIS was sent requirements of the PRA. These 575–525–4316; address 1800 Marquess to multiple Federal, tribal, State, and submissions are required to obtain and/ Street, Las Cruces, NM 88005; email local government agencies and or retain a benefit. The OMB has [email protected]. Persons who use a interested parties and was made approved the information collections telecommunications device for the deaf available for viewing at the Las Cruces related to this program and has assigned (TDD) may call the Federal Information District Office, the New Mexico State

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Office, and on the internet. During the Authority: 40 CFR 1506.6 Copies of the fee proposal are comment period, the Las Cruces District Amy Lueders, available at the Bishop Field Office at Office received about 45 comment State Director. the above address and online at http:// letters, emails, or comment forms. Each www.blm.gov/ca/st/en/fo/bishop.html. [FR Doc. 2015–32038 Filed 12–18–15; 8:45 am] submission was carefully reviewed to BILLING CODE 4310–FB–P FOR FURTHER INFORMATION CONTACT: identify substantive comments in Steven Nelson, Field Manager, accordance with regulations on the telephone: (760) 872–5011 or at the implementation of National DEPARTMENT OF THE INTERIOR address above. Persons who use a Environmental Policy Act (40 CFR telecommunication device for the deaf 1503.4). Comments on the Draft RMP/ Bureau of Land Management (TDD) may call the Federal Information EIS received from the public and [LLCAC07000 Relay Service (FIRS) at 1 (800) 877–8339 internal BLM reviews were considered L12200000.FV0000.16XL1109AF] to contact the above individual during and incorporated as appropriate into the normal business hours. The FIRS is Proposed RMP/Final EIS. Public Notice of Intent to Change Fees in available 24 hours a day, 7 days a week, comments resulted in the addition of Campgrounds on Public Land in the to leave a message or question with the data and clarifying text, however, they Bishop Field Office, Inyo and Mono above individual. You will receive a did not significantly change the Counties, California reply during normal business hours. proposed land use plan decisions. AGENCY: Bureau of Land Management, Availabliity of the Proposed RMP/Final SUPPLEMENTARY INFORMATION: Pursuant Interior. EIS was published on December 24, to the Federal Lands and Recreation ACTION: Notice. 2014, in the Federal Register (79 FR Enhancement Act (REA) (16 U.S.C. 6801 78104), initiating a protest period and SUMMARY: Pursuant to applicable et seq.), the Secretary may establish, Governor’s Consistency Review Period. provisions of the Federal Recreation modify, charge, and collect recreation Five protests were recived during the Enhancement Act (REA), the Bureau of fees on Federal recreation lands and protest period, and all protests have Land Management (BLM) Bishop Field waters. The Bishop Field Office been resolved. Minor editorial Office proposes to change the fee currently manages five developed modifications were made to the RMP structure at all five of its developed campgrounds: Tuttle Creek, Goodale based on questions raised during the campgrounds in Inyo and Mono Creek, Horton Creek, Pleasant Valley protest period. No inconsistencies with counties, California, and by this notice Pit, and Crowley Lake campgrounds. State and local plans, policies, or is announcing the opening of the Together these campgrounds hold programs were identified during the comment period. The fee proposal approximately 300 tent and recreational Governor’s Consistency Review process. results from analysis and planning vehicle sites, all located in world-class direction provided by the Bishop settings along the Highway 395 corridor Certain decisions in the Approved Campground Business Plan, which in close proximity to recreation RMP are implementation decisions and outlines operational goals of the area destinations. The campgrounds are a are appealable to the Interior Board of and the purpose of the fee program. good alternative to dispersed camping, Land Appeals. These implementation DATES: To ensure that comments will be which has been known to occur in level decisions include the approval of considered, the BLM must receive environmentally sensitive areas. the Comprehensive Trails and Travel written comments on its proposal to Management Plan. The decisions are Fees for the campgrounds were change the fee structure at campgrounds included within Chapter 2 of the established in 2005 and have not in the Bishop Field Office by January changed since then. Long-term camping Approved RMP and Appendix C of the 20, 2016. Effective 4 months after Proposed RMP/Final EIS, and permits are currently available for four publication of this notice, the BLM of the five campgrounds for either 30 implementation decisions are denoted Bishop Field Office would initiate with asterisks where appropriate. Any days or the entire summer season changes in fee collection at its five (approximately 8 months). Tuttle Creek, party adversely affected by the proposed developed campgrounds unless the route designations may appeal within Goodale Creek, Horton Creek, and BLM publishes a Federal Register Crowley Lake campgrounds underwent 30 days of publication of this Notice of notice to the contrary. Availability pursuant to 43 CFR, part 4, significant upgrades from 2010 to 2012, ADDRESSES: You may submit comments including installation of new toilets, fire subpart E. The appeal should state the on this fee collection proposal by any of specific route(s), as identified in rings, picnic tables, information boards, the following methods: and other amenities. In addition, Appendix C of the Proposed RMP/Final • Email: blm_ca_bishop_public_ potable water was installed at three EIS, on which the decision is being [email protected] Please include ‘‘Fee campgrounds and a horse corral and appealed. The appeal must be filed with Proposal’’ in the subject line of your group campsite at one campground. The the Las Cruces District Manager at the email. above listed address. Please consult the • Mail: Bureau of Land Management, total cost of upgrades was $3.6 million. appropriate regulations (43 CFR, part 4, Bishop Field Office, Attn: Rebecca The current and proposed fee subpart E) for further appeal Brooke, 351 Pacu Lane, Suite 100, schedule for the BLM Bishop Field requirements. Bishop, CA 93514 Office campgrounds is:

CURRENT AND PROPOSED DAILY CAMPGROUND AND SPECIAL AMENITY FEES

Proposed fee Proposed Campground Current beginning in 2016 future fee

Tuttle Creek ...... $5 ...... $8 ...... $5 to $10 Goodale Creek ...... $5 ...... $5 (no potable water) ...... $5 to $10 Horton Creek ...... $5 ...... $8 ...... $5 to $10 Pleasant Valley Pit ...... $2/car ...... $5/site (no potable water) ...... $5 to $10

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CURRENT AND PROPOSED DAILY CAMPGROUND AND SPECIAL AMENITY FEES—Continued

Proposed fee Proposed Campground Current beginning in 2016 future fee

Crowley Lake ...... $5 ...... $8 ...... $5 to $10 Tuttle Creek Group Site ...... $30 ...... $30 ...... $30 to $50 Tuttle Creek Horse Corral ...... $5 ...... $10 ...... $5 to $12 Dump Stations (Tuttle, Horton and Crowley) ... $5 ...... $5 ...... $5 to $8

The goal of the proposed fee structure improvements. By allowing the Field The current and proposed fee is to retain visitors in BLM Manager discretion to set future fees structure for long-term camping permits campgrounds while providing a small within a range, there is flexibility as are: amount of additional revenue for visitor use patterns and campground campground maintenance and operating costs change over time.

CURRENT AND PROPOSED LONG TERM PERMIT DURATION AND FEE

Permit duration Current Proposed

30-Day Permit ...... Currently available for Tuttle, Horton, Goodale, and Proposed availability for Tuttle, Goodale, Horton, Pleas- Crowley. ant Valley Pit, and Crowley. $100 ($3.22/day) ...... $120 ($4/day). 90-Day Permit ...... Currently available for Tuttle, Horton, Goodale, and Proposed availability for Tuttle, Horton, Goodale and Crowley. Crowley. $300 for 8 months ...... $300 for 90 consecutive days. ($1.25/day) ...... ($3.33/day).

The objective of the proposed changes information from public review, we FOR FURTHER INFORMATION CONTACT: to long-term camping permits is to limit cannot guarantee that we will be able to Joanna Lo (202–205–1888), Office of costs associated with long-term do so. Investigations, U.S. International Trade occupancy of campsites, thereby Authority: 16 U.S.C. 6803 (b) and 43 CFR Commission, 500 E Street SW., reducing the overall campground 2932.13 Washington, DC 20436. Hearing- operation costs. impaired persons can obtain The BLM Bishop Field Office has Danielle Chi, information on this matter by contacting outlined the rationale for this fee Acting Deputy State Director. the Commission’s TDD terminal on 202– proposal in the Bishop Campground [FR Doc. 2015–32039 Filed 12–18–15; 8:45 am] 205–1810. Persons with mobility Business Plan. In order to inform the BILLING CODE 4310–40–P impairments who will need special public, the Bishop Field Office assistance in gaining access to the conducted three open house events in Commission should contact the Office July 2013. The Business Plan includes INTERNATIONAL TRADE of the Secretary at 202–205–2000. information on visitation to and COMMISSION General information concerning the operational expenses associated with Commission may also be obtained by the five campgrounds along with a [Investigation Nos. 731–TA–1082–1083 (Second Review)] accessing its internet server (http:// market analysis of local campsites. The www.usitc.gov). The public record for plan is available on line at: http:// Chlorinated Isocyanurates From China these reviews may be viewed on the www.blm.gov/ca/st/en/fo/bishop.html. and Spain; Notice of Commission Commission’s electronic docket (EDIS) This and future adjustments in the Determinations To Conduct Full Five- at http://edis.usitc.gov. For further fees charged at these five campgrounds Year Reviews information concerning the conduct of would be made in accordance with the these reviews and rules of general AGENCY: United States International plan and with notification and input application, consult the Commission’s Trade Commission. from the Central California Resource Rules of Practice and Procedure, part Advisory Committee and the public. Fee ACTION: Notice. 201, subparts A through E (19 CFR part amounts will be posted onsite and SUMMARY: The Commission hereby gives 201), and part 207, subparts A, D, E, and online at the Bishop Field Office Web F (19 CFR part 207). site at: http://www.blm.gov/ca/st/en/fo/ notice that it will proceed with full bishop.html. reviews pursuant to the Tariff Act of SUPPLEMENTARY INFORMATION: On The BLM welcomes public comments 1930 to determine whether revocation of December 7, 2015, the Commission on this proposal. Before including your the antidumping duty orders on determined that it should proceed to address, phone number, email address, chlorinated isocyanurates from China full reviews in the subject five-year or other personal identifying and Spain would be likely to lead to reviews pursuant to section 751(c) of the information in your comment, you continuation or recurrence of material Tariff Act of 1930 (19 U.S.C. 1675(c)). should be aware that your entire injury within a reasonably foreseeable With respect to both investigations, the comment—including your personal time. A schedule for the reviews will be Commission found that the domestic identifying information—may be made established and announced at a later respondent interested party group publicly available at any time. While date. response to its notice of institution (80 you can ask us in your comment to DATES: Effective Date: December 7, FR 52789, September 1, 2015) was withhold your personal identifying 2015. adequate and the respondent interested

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party group responses to its notice of General information concerning the In particular, the Commission is institution were inadequate. The Commission may also be obtained by interested in comments that: Commission also found that other accessing its Internet server at United (i) Explain how the articles circumstances warranted conducting States International Trade Commission potentially subject to the requested full reviews.1 A record of the (USITC) at USITC.2 The public record remedial orders are used in the United Commissioners’ votes, the for this investigation may be viewed on States; Commission’s statement on adequacy, the Commission’s Electronic Document (ii) identify any public health, safety, and any individual Commissioner’s Information System (EDIS) at EDIS.3 or welfare concerns in the United States statements will be available from the Hearing-impaired persons are advised relating to the requested remedial Office of the Secretary and at the that information on this matter can be orders; Commission’s Web site. obtained by contacting the (iii) identify like or directly competitive articles that complainant, Authority: These reviews are being Commission’s TDD terminal on (202) conducted under authority of title VII of the 205–1810. its licensees, or third parties make in the Tariff Act of 1930; this notice is published SUPPLEMENTARY INFORMATION: The United States which could replace the pursuant to section 207.62 of the Commission has received a complaint subject articles if they were to be Commission’s rules. and a submission pursuant to section excluded; By order of the Commission. 210.8(b) of the Commission’s Rules of (iv) indicate whether complainant, complainant’s licensees, and/or third Issued: December 16, 2015. Practice and Procedure filed on behalf of ParkerVision, Inc. on December 15, party suppliers have the capacity to Lisa R. Barton, 2015. The complaint alleges violations replace the volume of articles Secretary to the Commission. of section 337 of the Tariff Act of 1930 potentially subject to the requested [FR Doc. 2015–31979 Filed 12–18–15; 8:45 am] (19 U.S.C. 1337) in the importation into exclusion order and/or a cease and BILLING CODE 7020–02–P the United States, the sale for desist order within a commercially importation, and the sale within the reasonable time; and United States after importation of (v) explain how the requested INTERNATIONAL TRADE certain RF capable integrated circuits remedial orders would impact United COMMISSION and products containing the same. The States consumers. Written submissions must be filed no Notice of Receipt of Complaint; complaint names as respondents Apple Inc. of Cupertino, CA; LG Electronics, later than by close of business, eight Solicitation of Comments Relating to calendar days after the date of the Public Interest Inc. of South Korea; LG Electronics U.S.A., Inc. of Englewood Cliffs, NJ; LG publication of this notice in the Federal AGENCY: U.S. International Trade Electronics Mobilecomm U.S.A., Inc. of Register. There will be further Commission. San Diego, CA; Samsung Electronics opportunities for comment on the Co., Ltd. of South Korea; Samsung public interest after the issuance of any ACTION: Notice. Electronics America, Inc. of Ridgefield final initial determination in this Park, NJ; Samsung Telecommunications investigation. SUMMARY: Notice is hereby given that Persons filing written submissions the U.S. International Trade America, LLC of Richardson, TX; Samsung Semiconductor, Inc. of San must file the original document Commission has received a complaint electronically on or before the deadlines entitled Certain RF Capable Integrated Jose, CA; and QUALCOMM Incorporated of San Diego, CA. The stated above and submit 8 true paper Circuits and Products Containing the copies to the Office of the Secretary by Same, DN 3106; the Commission is complainant requests that the Commission issue a limited exclusion noon the next day pursuant to section soliciting comments on any public 210.4(f) of the Commission’s Rules of interest issues raised by the complaint order, cease and desist orders, and a bond upon respondents’ alleged Practice and Procedure (19 CFR or complainant’s filing under section 210.4(f)). Submissions should refer to 210.8(b) of the Commission’s Rules of infringing articles during the 60-day Presidential review period pursuant to the docket number (‘‘Docket No. 3106’’) Practice and Procedure (19 CFR in a prominent place on the cover page 210.8(b)). 19 U.S.C. 1337(j). Proposed respondents, other and/or the first page. (See Handbook for FOR FURTHER INFORMATION CONTACT: Lisa interested parties, and members of the Electronic Filing Procedures, Electronic R. Barton, Secretary to the Commission, public are invited to file comments, not Filing Procedures 4). Persons with U.S. International Trade Commission, to exceed five (5) pages in length, questions regarding filing should 500 E Street SW., Washington, DC inclusive of attachments, on any public contact the Secretary (202–205–2000). 20436, telephone (202) 205–2000. The interest issues raised by the complaint Any person desiring to submit a public version of the complaint can be or section 210.8(b) filing. Comments document to the Commission in accessed on the Commission’s should address whether issuance of the confidence must request confidential Electronic Document Information relief specifically requested by the treatment. All such requests should be System (EDIS) at EDIS,1 and will be complainant in this investigation would directed to the Secretary to the available for inspection during official affect the public health and welfare in Commission and must include a full business hours (8:45 a.m. to 5:15 p.m.) the United States, competitive statement of the reasons why the in the Office of the Secretary, U.S. conditions in the United States Commission should grant such International Trade Commission, 500 E economy, the production of like or treatment. See 19 CFR 201.6. Documents Street SW., Washington, DC 20436, directly competitive articles in the for which confidential treatment by the telephone (202) 205–2000. United States, or United States Commission is properly sought will be consumers. treated accordingly. All nonconfidential 1 Vice Chairman Pinkert, Commissioner written submissions will be available for Williamson, and Commissioner Schmidtlein voted 2 United States International Trade Commission to conduct expedited reviews. (USITC): http://edis.usitc.gov. 4 Handbook for Electronic Filing Procedures: 1 Electronic Document Information System 3 Electronic Document Information System http://www.usitc.gov/secretary/fed_reg_notices/ (EDIS): http://edis.usitc.gov. (EDIS): http://edis.usitc.gov. rules/handbook_on_electronic_filing.pdf.

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public inspection at the Office of the Ladd, Administrator, Office of beyond. The agenda will cover the Secretary and on EDIS.5 Apprenticeship, Employment and following topics: This action is taken under the Training Administration, U.S. • Report on National Apprenticeship authority of section 337 of the Tariff Act Department of Labor, 200 Constitution Week (NAW) of 1930, as amended (19 U.S.C. 1337), Avenue NW., Room C–5321, • Ratio Workgroup Update and and of sections 201.10 and 210.8(c) of Washington, DC 20210, Telephone: Feedback the Commission’s Rules of Practice and (202) 693–2796 (this is not a toll-free • International Activities Procedure (19 CFR 201.10, 210.8(c)). number). • State Apprenticeship Agency (SAA) By order of the Commission. SUPPLEMENTARY INFORMATION: In order to Presentation • Issued: December 15, 2015. promote openness, and increase public Other Matters of Interest to the Lisa R. Barton, participation, webinar and audio Apprenticeship Community • Public Comment Secretary to the Commission. conference technology will be used • Adjourn [FR Doc. 2015–31919 Filed 12–18–15; 8:45 am] throughout the meeting. Webinar and The agenda and meeting logistics may BILLING CODE 7020–02–P audio instructions will be prominently posted on the Office of Apprenticeship be updated should priority items come homepage: http://www.dol.gov/ before the ACA between the time of this apprenticeship. Members of the public publication and the scheduled date of DEPARTMENT OF LABOR can attend the meeting virtually at the ACA meeting. All meeting updates Employment and Training https://dol.webex.com/dol; the meeting will be posted to the Office of Administration number is: 647581011 and meeting Apprenticeship’s homepage: http:// password is: M33ting#. Members of the www.dol.gov/apprenticeship. Any Notice of a Virtual Public Meeting of public that will participate are member of the public who wishes to the Advisory Committee on encouraged to dial into the web link speak at the meeting should indicate the Apprenticeship (ACA) above 30 minutes prior to the start of the nature of the intended presentation and meeting. the amount of time needed by AGENCY: Employment and Training furnishing a written statement to the Notice of Intent To Attend the Meeting Administration (ETA), Labor. Designated Federal Official, Mr. John V. ACTION: Notice of a virtual public All meeting participants are being Ladd, by Thursday, January 14, 2016. meeting. asked to submit a notice of intent to The Chairperson will announce at the attend by Thursday, January 14, 2016, beginning of the meeting the extent to SUMMARY: Pursuant to section 10 of the via email to Mr. John V. Ladd at: which time will permit the granting of Federal Advisory Committee Act [email protected], with the such requests. (FACA) (5 U.S.C. App. 2 section 10), subject line ‘‘January 2016 Virtual ACA notice is hereby given to announce an Meeting.’’ Portia Wu, open virtual meeting of the Advisory 1. If individuals have special needs Assistant Secretary for the Employment and Committee on Apprenticeship (ACA) on and/or disabilities that will require Training Administration. Thursday, January 28, 2016. The special accommodations, please contact [FR Doc. 2015–31942 Filed 12–18–15; 8:45 am] meeting will convene virtually at Kenya Huckaby on (202) 693–3795 or BILLING CODE 4510–FR–P https://dol.webex.com/dol; information via email at [email protected] no on how to access this meeting will also later than Thursday, January 14, 2016. be posted on the Office of 2. Any member of the public who NUCLEAR REGULATORY Apprenticeship’s homepage: http:// wishes to file written data or comments COMMISSION www.dol.gov/apprenticeship. The ACA pertaining to the agenda may do so by [NRC–2015–0001] is a discretionary committee established sending the data or comments to Mr. by the Secretary of Labor, in accordance John V. Ladd via email at Sunshine Act Meeting with FACA, as amended in 5 U.S.C. [email protected], subject line App. 2, and its implementing ‘‘January 2016 Virtual ACA Meeting,’’ or DATE: December 21, 28, 2015, January regulations (41 CFR 101–6 and 102–3). to the Office of Apprenticeship, 4, 11, 18, 25, 2016. All meetings of the ACA are open to the Employment and Training PLACE: Commissioners’ Conference public. A virtual meeting of the ACA Administration, U.S. Department of Room, 11555 Rockville Pike, Rockville, provides a cost savings to the Labor, Room C–5321, 200 Constitution Maryland. government while still offering a venue Avenue NW., Washington, DC 20210. STATUS: Public and Closed. that allows for public participation and Such submissions will be included in transparency, as required by FACA. the record for the meeting if received by Week of December 21, 2015 DATES: The meeting will begin at Thursday, January 14, 2016. There are no meetings scheduled for approximately 1:00 p.m. Eastern 3. See below regarding members of the week of December 21, 2015. Standard Time on Thursday, January 28, the public wishing to speak at the ACA 2016, at https://dol.webex.com/dol, and meeting. Week of December 28, 2015—Tentative will adjourn at approximately 5:00 p.m. Purpose of the Meeting and Topics To There are no meetings scheduled for Any updates to the agenda and meeting Be Discussed the week of December 28, 2015. logistics will be posted on the Office of Apprenticeship’s homepage: http:// The purpose of the meeting is to focus Week of January 4, 2016—Tentative www.dol.gov/apprenticeship. on apprenticeship awareness, and There are no meetings scheduled for FOR FURTHER INFORMATION CONTACT: The current partnerships and outreach the week of January 4, 2016. Designated Federal Official, Mr. John V. campaigns in order to seek advice from the ACA on industry issues and how Week of January 11, 2016—Tentative 5 Electronic Document Information System best to increase Registered There are no meetings scheduled for (EDIS): http://edis.usitc.gov. Apprenticeships across the country and the week of January 11, 2016.

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Week of January 18, 2016—Tentative and 4)—Appeal of LPB–15–13 This notice informs the public of the There are no meetings scheduled for (Tentative) filing, invites public comment, and the week of January 18, 2016. This meeting will be webcast live at takes other administrative steps. the Web address—http://www.nrc.gov/. DATES: Comments are due: December Week of January 25, 2016—Tentative The schedule for Commission 22, 2015. meetings is subject to change on short There are no meetings scheduled for ADDRESSES: Submit comments the week of January 25, 2016. notice. For more information or to verify electronically via the Commission’s The schedule for Commission the status of meetings, contact Denise Filing Online system at http:// meetings is subject to change on short McGovern at 301–415–0681 or via email www.prc.gov. Those who cannot submit notice. For more information or to verify at [email protected]. comments electronically should contact the status of meetings, contact Denise Additional Information the person identified in the FOR FURTHER McGovern at 301–415–0681 or via email INFORMATION CONTACT section by By a vote of 4–0 on December 17, at [email protected]. telephone for advice on filing 2015, the Commission determined The NRC Commission Meeting alternatives. Schedule can be found on the Internet pursuant to U.S.C. 552b(e) and ’9.107(a) at: http://www.nrc.gov/public-involve/ of the Commission’s rules that the above FOR FURTHER INFORMATION CONTACT: public-meetings/schedule.html. referenced Affirmation Session be held David A. Trissell, General Counsel, at The NRC provides reasonable with less than one week notice to the 202–789–6820. accommodation to individuals with public. The meeting is scheduled on SUPPLEMENTARY INFORMATION: December 17, 2015. disabilities where appropriate. If you Table of Contents need a reasonable accommodation to The NRC Commission Meeting participate in these public meetings, or Schedule can be found on the Internet II. Introduction need this meeting notice or the at: http://www.nrc.gov/public-involve/ III. Notice of Commission Action transcript or other information from the public-meetings/schedule.html. IIII. Ordering Paragraphs public meetings in another format (e.g. The NRC provides reasonable I. Introduction braille, large print), please notify accommodation to individuals with disabilities where appropriate. If you On December 14, 2015, the Postal Kimberly Meyer, NRC Disability Service filed notice that it has entered Program Manager, at 301–287–0739, by need a reasonable accommodation to participate in these public meetings, or into an additional Global Expedited videophone at 240–428–3217, or by Package Services 3 (GEPS 3) negotiated email at Kimberly.Meyer-Chambers@ need this meeting notice or the transcript or other information from the service agreement (Agreement).1 nrc.gov. Determinations on requests for To support its Notice, the Postal reasonable accommodation will be public meetings in another format (e.g. braille, large print), please notify Service filed a copy of the Agreement, made on a case-by-case basis. a copy of the Governors’ Decision Members of the public may request to Kimberly Meyer, NRC Disability authorizing the product, a certification receive this information electronically. Program Manager, at 301–287–0739, by of compliance with 39 U.S.C. 3633(a), If you would like to be added to the videophone at 240–428–3217, or by and an application for non-public distribution, please contact the Nuclear email at Kimberly.Meyer-Chambers@ treatment of certain materials. It also Regulatory Commission, Office of the nrc.gov. Determinations on requests for filed supporting financial workpapers. Secretary, Washington, DC 20555 (301– reasonable accommodation will be 415–1969), or email made on a case-by-case basis. II. Notice of Commission Action Members of the public may request to [email protected] or The Commission establishes Docket [email protected]. receive this information electronically. If you would like to be added to the No. CP2016–43 for consideration of Dated: December 16, 2015. distribution, please contact the Nuclear matters raised by the Notice. Denise L. McGovern, Regulatory Commission, Office of the The Commission invites comments on Policy Coordinator, Office of the Secretary. Secretary, Washington, DC 20555 (301– whether the Postal Service’s filing is [FR Doc. 2015–32042 Filed 12–17–15; 11:15 am] 415–1969), or email consistent with 39 U.S.C. 3632, 3633, or BILLING CODE 7590–01–P [email protected] or 3642, 39 CFR part 3015, and 39 CFR [email protected]. part 3020, subpart B. Comments are due no later than December 22, 2015. The Dated: December 17, 2015. NUCLEAR REGULATORY public portions of the filing can be COMMISSION Denise McGovern, accessed via the Commission’s Web site Policy Coordinator, Office of the Secretary. (http://www.prc.gov). [NRC–2015–0001] [FR Doc. 2015–32138 Filed 12–17–15; 4:15 pm] The Commission appoints Curtis E. Sunshine Act Meeting BILLING CODE 7590–01–P Kidd to serve as Public Representative in this docket. DATE: Week of December 14, 2015. III. Ordering Paragraphs PLACE: Commissioners’ Conference POSTAL REGULATORY COMMISSION It is ordered: Room, 11555 Rockville Pike, Rockville, [Docket No. CP2016–43; Order No. 2877] 1. The Commission establishes Docket Maryland. No. CP2016–43 for consideration of the New Postal Product STATUS: Public. matters raised by the Postal Service’s Week of December 14, 2015 AGENCY: Postal Regulatory Commission. Notice. ACTION: Notice. Thursday, December 17, 2015 1 Notice of United States Postal Service of Filing 12:55 p.m. Affirmation Session (Public SUMMARY: The Commission is noticing a a Functionally Equivalent Global Expedited Package Services 3 Negotiated Service Agreement Meeting) (Tentative) recent Postal Service filing concerning and Application for Non-Public Treatment of Florida Power and Light Co. (Turkey an additional Global Expedited Package Materials Filed Under Seal, December 14, 2015 Point Nuclear Generating Units 3 Services 3 negotiated service agreement. (Notice).

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2. Pursuant to 39 U.S.C. 505, Curtis E. a copy of the Governors’ Decision amend the Exchange’s fees schedule. Kidd is appointed to serve as an officer authorizing the product, a certification The proposed rule change was of the Commission to represent the of compliance with 39 U.S.C. 3633(a), published for comment in the Federal interests of the general public in this and an application for non-public Register on December 1, 2015.3 The proceeding (Public Representative). treatment of certain materials. It also Commission received no comment 3. Comments are due no later than filed supporting financial workpapers. letters on the proposal. On December December 22, 2015. II. Notice of Commission Action 11, 2015, the Exchange withdrew the 4. The Secretary shall arrange for proposed rule change (SR–BX–2015– publication of this order in the Federal The Commission establishes Docket 071). Register. No. CP2016–44 for consideration of matters raised by the Notice. For the Commission, by the Division of By the Commission. Trading and Markets, pursuant to delegated The Commission invites comments on authority.4 Stacy L. Ruble, whether the Postal Service’s filing is Secretary. consistent with 39 U.S.C. 3632, 3633, or Robert W. Errett, Deputy Secretary. [FR Doc. 2015–31896 Filed 12–18–15; 8:45 am] 3642, 39 CFR part 3015, and 39 CFR BILLING CODE 7710–FW–P part 3020, subpart B. Comments are due [FR Doc. 2015–31929 Filed 12–18–15; 8:45 am] no later than December 22, 2015. The BILLING CODE 8011–01–P public portions of the filing can be POSTAL REGULATORY COMMISSION accessed via the Commission’s Web site SECURITIES AND EXCHANGE [Docket No. CP2016–44; Order No. 2874] (http://www.prc.gov). The Commission appoints Lyudmila COMMISSION New Postal Product Y. Bzhilyanskaya to serve as Public [Release No. 34–76650; File No. SR–FINRA– Representative in this docket. 2015–052] AGENCY: Postal Regulatory Commission. III. Ordering Paragraphs ACTION: Notice. Self-Regulatory Organizations; It is ordered: Financial Industry Regulatory SUMMARY: The Commission is noticing a 1. The Commission establishes Docket Authority, Inc.; Notice of Filing and recent Postal Service filing concerning No. CP2016–44 for consideration of the Immediate Effectiveness of a Proposed an additional Global Reseller Expedited matters raised by the Postal Service’s Rule Change To Amend NASD Rules Package Contracts 2 negotiated service Notice. 1022 (Categories of Principal agreement. This notice informs the 2. Pursuant to 39 U.S.C. 505, Registration) and 1032 (Categories of public of the filing, invites public Lyudmila Y. Bzhilyanskaya is appointed Representative Registration) comment, and takes other to serve as an officer of the Commission administrative steps. to represent the interests of the general December 15, 2015. Pursuant to section 19(b)(1) of the DATES: Comments are due: December public in this proceeding (Public 22, 2015. Representative). Securities Exchange Act of 1934 3. Comments are due no later than (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 ADDRESSES: Submit comments December 22, 2015. notice is hereby given that on December electronically via the Commission’s 4. The Secretary shall arrange for 4, 2015, Financial Industry Regulatory Filing Online system at http:// publication of this order in the Federal Authority, Inc. (‘‘FINRA’’) filed with the www.prc.gov. Those who cannot submit Register. Securities and Exchange Commission comments electronically should contact By the Commission. (‘‘SEC’’ or ‘‘Commission’’) the proposed the person identified in the FOR FURTHER rule change as described in Items I and INFORMATION CONTACT section by Stacy L. Ruble, Secretary. II below, which Items have been telephone for advice on filing prepared by FINRA. FINRA has [FR Doc. 2015–31895 Filed 12–18–15; 8:45 am] alternatives. designated the proposed rule change as BILLING CODE 7710–FW–P FOR FURTHER INFORMATION CONTACT: constituting a ‘‘non-controversial’’ rule David A. Trissell, General Counsel, at change under paragraph (f)(6) of Rule 202–789–6820. 19b–4 under the Act,3 which renders SECURITIES AND EXCHANGE SUPPLEMENTARY INFORMATION: the proposal effective upon receipt of COMMISSION this filing by the Commission. The Table of Contents [Release No. 34–76658; File No. SR–BX– Commission is publishing this notice to II. Introduction 2015–071] solicit comments on the proposed rule III. Notice of Commission Action change from interested persons. IIII. Ordering Paragraphs Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of I. Self-Regulatory Organization’s I. Introduction Withdrawal of Proposed Rule Change Statement of the Terms of the Substance On December 14, 2015, the Postal To Amend the Fees Schedule of the Proposed Rule Change Service filed notice that it has entered FINRA is proposing to amend NASD December 15, 2015. into an additional Global Reseller Rule 1022 (Categories of Principal On November 12, 2015, the NASDAQ Expedited Package Contracts 2 (GREP 2) Registration) and NASD Rule 1032 OMX BX, Inc. (‘‘Exchange’’) filed with negotiated service agreement (Categories of Representative the Securities and Exchange (Agreement).1 Registration) to remove the deadline by Commission (‘‘Commission’’), pursuant To support its Notice, the Postal to section 19(b)(1) of the Securities 3 See Securities Exchange Act Release No. 76520 Service filed a copy of the Agreement, 1 Exchange Act of 1934 and Rule 19b–4 (November 24, 2015), 80 FR 75157. thereunder,2 a proposed rule change to 4 1 Notice of United States Postal Service of Filing 17 CFR 200.30–3(a)(12). a Functionally Equivalent Global Reseller 1 15 U.S.C. 78s(b)(1). Expedited Package 2 Negotiated Service Agreement, 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. December 14, 2015 (Notice). 2 17 CFR 240.19b–4. 3 17 CFR 240.19b–4(f)(6).

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which eligible registrants must complete Consequently, in 2002, FINRA, the continued low trading volume in a firm-element continuing education National Futures Association (‘‘NFA’’), security futures, the limited interest for requirement to engage in a security and the Institute for Financial Markets registered representatives to engage in futures business, and to remove collaborated to develop a free web-based security futures business, and the reference to a revised examination. training program consisting of a series of comprehensiveness of the required firm- The text of the proposed rule change modules intended to satisfy FINRA’s element continuing education training, is available on FINRA’s Web site at firm-element continuing education FINRA has determined not to impose http://www.finra.org, at the principal requirement and NFA’s training qualification examinations for security office of FINRA and at the requirement (‘‘Security Futures Training futures. Rather, FINRA will continue to Commission’s Public Reference Room. Modules’’). Although the Security require eligible registrants to complete Futures Training Modules are not the II. Self-Regulatory Organization’s the mandated security futures firm- Statement of the Purpose of, and only program that FINRA and NFA Members can use to satisfy their element continuing education training Statutory Basis for, the Proposed Rule before engaging in any security futures Change security futures training requirements, FINRA is not aware of any alternative business. Moreover, FINRA, in In its filing with the Commission, training programs used by firms. coordination with NFA, will continue to FINRA included statements concerning Moreover, even if a firm were to use an monitor security futures volume and the the purpose of and basis for the alternative training program, the number of persons taking the Security proposed rule change and discussed any program must cover all applicable Futures Training Modules, as well as comments it received on the proposed subjects specified in the content outline the number of disciplinary matters and rule change. The text of these statements provided by FINRA. Since inception in complaints involving security futures, may be examined at the places specified 2002 through May 2015, just over in considering whether a qualification in Item IV below. FINRA has prepared 15,000 individuals have completed the examination should be developed at a summaries, set forth in sections A, B, Security Futures Training Modules. In later date. Accordingly, the proposed and C below, of the most significant 2014, only 180 registered individuals rule change amends NASD Rule 1022 aspects of such statements. completed the Security Futures Training and NASD Rule 1032 to remove the A. Self-Regulatory Organization’s Modules (18 FINRA registrants and 162 deadline by which eligible registrants Statement of the Purpose of, and NFA-only registrants). must complete the firm-element Statutory Basis for, the Proposed Rule At the time trading in security futures continuing education requirement to Change commenced, FINRA considered engage in a security futures business, replacing the firm-element continuing 1. Purpose and to remove the references to a education requirement with revised revised qualification examination. In 2002, FINRA modified the qualification examinations for the following registration categories to registration categories that address FINRA has filed the proposed rule include the activities of engaging in and security futures; however, due to low change for immediate effectiveness and supervising securities futures: (1) trading volume in security futures and has requested that the SEC waive the Registered Options Principal (Series 4); limited interest for registered requirement that the proposed rule (2) Limited Principal—General representatives to engage in security change not become operative for 30 days Securities Sales Supervisor (Series 9/ futures business, such qualification after the date of the filing, so that FINRA 10); (3) General Securities examinations have not been can implement the proposed rule Representative (Series 7); and (4) implemented. Accordingly, on three change on December 31, 2015. Registered Options Representative prior occasions, FINRA has extended (Series 42).4 FINRA also required that the deadline for completing a firm- 2. Statutory Basis persons currently registered or element continuing education FINRA believes that the proposed rule becoming registered in these categories 6 requirement. change is consistent with the provisions complete a firm-element continuing Current data on trading volume has of section 15A(b)(6) of the Act,8 which education requirement addressing shown there to be very limited trading requires, among other things, that security futures before they conducted activity in security futures.7 Given the any security futures business. FINRA FINRA rules must be designed to instituted this continuing education education. See Securities Exchange Act Release No. prevent fraudulent and manipulative requirement to ensure that registered 46186 (July 11, 2002), 67 FR 47412, 47422 (July 18, acts and practices, to promote just and personnel, who may not be familiar 2002) (Notice of Filing File No. SR–NASD–2002– equitable principles of trade, and, in 40); see also NASD Notice to Members 02–73, at general, to protect investors and the with risks, trading characteristics, terms 747–748 (November 2002). and nomenclature of these products, or 6 See Securities Exchange Act Release No. 54617 public interest. The proposed rule the fact that they are subject to the joint (October 17, 2006), 71 FR 62498 (October 25, 2006) change is necessary to continue to allow jurisdiction of the SEC and CFTC, (Notice of Filing and Immediate Effectiveness of eligible registrants to complete a firm- File No. SR–NASD–2006–118) (extending the receive the necessary training. Notably, deadline to December 31, 2009); Securities element continuing education program FINRA specified the content of the Exchange Act Release No. 61231 (December 23, that will qualify them to engage in a continuing education program pursuant 2009), 74 FR 69173 (December 30, 2009) (Notice of security futures business in lieu of a to NASD Rule 1120(b)(4) (now FINRA Filing and Immediate Effectiveness of File No. SR– qualification examination. 5 FINRA–2009–092) (extending the deadline to Rule 1250(b)(4)). December 31, 2012); and Securities Exchange Act Release No. 68468 (December 19, 2012), 77 FR ?page_id=20539 (last visited Oct. 28, 2015). In 4 See Securities Exchange Act Release No. 46663 76112 (December 26, 2012) (Notice of Filing and comparison, over the same time period option (October 15, 2002), 67 FR 64944 (October 22, 2002) Immediate Effectiveness of File No. SR–FINRA– contracts clearing through the Options Clearing (Order Approving File No. SR–NASD–2002–40). 2012–055) (extending the deadline to December 31, Corporation (‘‘OCC’’) had an average daily trading 5 Because the introduction of security futures in 2015). volume of approximately 16.9 million contracts. the United States presented extraordinary 7 Between January 2015 and September 2015, See OCC, Market Data, Daily Volume Statistics, circumstances, FINRA (then NASD) determined to security futures had an average daily trading http://www.optionsclearing.com/webapps/daily- use its authority under NASD Rule 1120(b)(4) to volume of approximately 47,640 contracts. See volume-statistics (last visited Nov. 2, 2015). specify the content of firm-element continuing OneChicago, PR2015, http://www.onechicago.com/ 8 15 U.S.C. 78o–3(b)(6).

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B. Self-Regulatory Organization’s examination should be developed at a public in accordance with the Statement on Burden on Competition later date. For these reasons, the provisions of 5 U.S.C. 552, will be FINRA does not believe that the Commission believes waiving the 30- available for Web site viewing and proposed rule change will result in any day operative delay is consistent with printing in the Commission’s Public burden on competition that is not the protection of investors and the Reference Room, 100 F Street NE., necessary or appropriate in furtherance public interest. Accordingly, the Washington, DC 20549 on official of the purposes of the Act. The Commission hereby waives the business days between the hours of proposed rule change will allow eligible operative delay and designates the 10:00 a.m. and 3:00 p.m. Copies of such registrants to complete a firm-element proposal operative upon filing.13 filing also will be available for continuing education program that will At any time within 60 days of the inspection and copying at the principal qualify them to engage in a security filing of the proposed rule change, the office of FINRA. All comments received futures business in lieu of a Commission summarily may will be posted without change; the qualification examination. temporarily suspend such rule change if Commission does not edit personal it appears to the Commission that such identifying information from C. Self-Regulatory Organization’s action is: (i) Necessary or appropriate in submissions. You should submit only Statement on Comments on the the public interest; (ii) for the protection information that you wish to make Proposed Rule Change Received From of investors; or (iii) otherwise in available publicly. All submissions Members, Participants, or Others furtherance of the purposes of the Act. should refer to File Number SR–FINRA– Written comments were neither If the Commission takes such action, the 2015–052, and should be submitted on solicited nor received. Commission shall institute proceedings or before January 11, 2016. to determine whether the proposed rule III. Date of Effectiveness of the For the Commission, by the Division of Proposed Rule Change and Timing for should be approved or disapproved. Trading and Markets, pursuant to delegated 14 Commission Action IV. Solicitation of Comments authority. Robert W. Errett, Because the foregoing proposed rule Interested persons are invited to Deputy Secretary. change does not: (i) Significantly affect submit written data, views, and [FR Doc. 2015–31921 Filed 12–18–15; 8:45 am] the protection of investors or the public arguments concerning the foregoing, BILLING CODE 8011–01–P interest; (ii) impose any significant including whether the proposed rule burden on competition; and (iii) become change is consistent with the Act. operative for 30 days from the date on Comments may be submitted by any of SECURITIES AND EXCHANGE which it was filed, or such shorter time the following methods: COMMISSION as the Commission may designate, it has become effective pursuant to section Electronic Comments [SEC File No. 270–297, OMB Control No. 19(b)(3)(A)(iii) of the Act 9 and • Use the Commission’s Internet 3235–0336] subparagraph (f)(6) of Rule 19b–4 comment form (http://www.sec.gov/ Proposed Collection; Comment thereunder.10 rules/sro.shtml); or Request A proposed rule change filed under • Send an email to rule-comments@ Rule 19b–4(f)(6) normally does not sec.gov. Please include File Number SR– Upon Written Request, Copies Available become operative prior to 30 days after FINRA–2015–052 on the subject line. From: Securities and Exchange the date of filing.11 Rule 19b–4(f)(6)(iii), Commission, Office of FOIA Services, Paper Comments however, permits the Commission to 100 F Street NE., Washington, DC designate a shorter time if such action • Send paper comments in triplicate 20549–2736. is consistent with the protection of to Secretary, Securities and Exchange investors and the public interest.12 The Extension: Commission, 100 F Street NE., Form N–14. Exchange has asked the Commission to Washington, DC 20549–1090. waive the 30-day operative delay so that Notice is hereby given that, pursuant All submissions should refer to File to the Paperwork Reduction Act of 1995 the proposal may become operative Number SR–FINRA–2015–052. This file immediately upon filing. The Exchange (44 U.S.C. 3501 et seq.) (‘‘Paperwork number should be included on the Reduction Act’’), the Securities and has stated that waiver of the operative subject line if email is used. To help the delay is necessary in order to implement Exchange Commission (the Commission process and review your ‘‘Commission’’) is soliciting comments the proposed rule change by December comments more efficiently, please use 31, 2015. The Commission notes that on the collection of information only one method. The Commission will summarized below. The Commission very few individuals are involved in the post all comments on the Commission’s sale of security futures products and the plans to submit this existing collection Internet Web site (http://www.sec.gov/ of information to the Office of regulators have decided that continuing rules/sro.shtml). Copies of the education sufficiently mitigates the risk Management and Budget (‘‘OMB’’) for submission, all subsequent extension and approval. of trading these products. FINRA, in amendments, all written statements coordination with NFA, will continue to Form N–14 (17 CFR 239.23) is the with respect to the proposed rule form for registration under the monitor security futures volume and the change that are filed with the number of persons taking the Security Securities Act of 1933 (15 U.S.C. 77a et Commission, and all written seq.) (‘‘Securities Act’’) of securities Futures Training Modules, as well as communications relating to the the number of disciplinary matters and issued by management investment proposed rule change between the companies registered under the complaints involving security futures, Commission and any person, other than in considering whether a qualification Investment Company Act of 1940 (15 those that may be withheld from the U.S.C. 80a–1 et seq.) (‘‘Investment 9 Company Act’’) and business 15 U.S.C. 78s(b)(3)(A)(iii). 13 For purposes only of waiving the 30-day 10 17 CFR 240.19b–4(f)(6). operative delay, the Commission has considered the development companies as defined by 11 17 CFR 240.19b–4(f)(6)(iii). proposed rule’s impact on efficiency, competition, 12 Id. and capital formation. See 15 U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12).

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Section 2(a)(48) of the Investment Paperwork Reduction Act and are not ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Company Act in: (1) A transaction of the derived from a comprehensive or even notice is hereby given that on December type specified in rule 145(a) under the representative survey or study of the 4, 2015, New York Stock Exchange LLC Securities Act (17 CFR 230.145(a)); (2) a costs of Commission rules and forms. (‘‘NYSE’’ or the ‘‘Exchange’’) filed with merger in which a vote or consent of the The collection of information under the Securities and Exchange security holders of the company being Form N–14 is mandatory. The Commission (the ‘‘Commission’’) the acquired is not required pursuant to information provided under Form N–14 proposed rule change as described in applicable state law; (3) an exchange will not be kept confidential. An agency Items I and II below, which Items have offer for securities of the issuer or may not conduct or sponsor, and a been prepared by the self-regulatory another person; (4) a public reoffering or person is not required to respond to, a organization. The Commission is resale of any securities acquired in an collection of information unless it publishing this notice to solicit offering registered on Form N–14; or (5) displays a currently valid OMB control comments on the proposed rule change two or more of the transactions listed in number. from interested persons. (1) through (4) registered on one Written comments are invited on: (a) I. Self-Regulatory Organization’s registration statement. The principal Whether the proposed collection of Statement of the Terms of Substance of purpose of Form N–14 is to make information is necessary for the proper the Proposed Rule Change material information regarding performance of the functions of the securities to be issued in connection agency, including whether the The Exchange proposes to (1) amend with business combination transactions information will have practical utility; Rule 13 to eliminate Good til Cancelled available to investors. The information (b) the accuracy of the Commission’s (‘‘GTC’’) Orders and Stop Orders, and required to be filed with the estimate of the burden of the collection (2) make conforming changes to Rules Commission permits verification of of information; (c) ways to enhance the 49, 61, 70, 104, 109, 115A, 116, 118, compliance with securities law quality, utility, and clarity of the 123, 123A, 123C, 123D, 1000, 1004 and requirements and assures the public information collected; and (d) ways to 6140. The text of the proposed rule availability and dissemination of such minimize the burden of the collection of change is available on the Exchange’s information. Without the registration information on respondents, including Web site at www.nyse.com, at the statement requirement, material through the use of automated collection principal office of the Exchange, and at information may not necessarily be techniques or other forms of information the Commission’s Public Reference available to investors. technology. Consideration will be given Room. We estimate that approximately 124 to comments and suggestions submitted funds each file one new registration II. Self-Regulatory Organization’s in writing within 60 days of this Statement of the Purpose of, and statement on Form N–14 annually, and publication. that 68 funds each file one amendment Statutory Basis for, the Proposed Rule Please direct your written comments Change to a registration statement on Form N– to Pamela Dyson, Director/Chief 14 annually. Based on conversations Information Officer, Securities and In its filing with the Commission, the with fund representatives, we estimate Exchange Commission, C/O Remi self-regulatory organization included that the reporting burden is Pavlik-Simon, 100 F Street NE., statements concerning the purpose of, approximately 620 hours per Washington, DC 20549; or send an email and basis for, the proposed rule change respondent for a new Form N–14 to: [email protected]. and discussed any comments it received registration statement and 300 hours per on the proposed rule change. The text respondent for amending the Form N– Dated: December 15, 2015. of those statements may be examined at 14 registration statement. This time is Robert W. Errett, the places specified in Item IV below. spent, for example, preparing and Deputy Secretary. The Exchange has prepared summaries, reviewing the registration statements. [FR Doc. 2015–31930 Filed 12–18–15; 8:45 am] set forth in sections A, B, and C below, Accordingly, we calculate the total BILLING CODE 8011–01–P of the most significant parts of such estimated annual internal burden of statements. responding to Form N–14 to be approximately 97,280 hours. In addition SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s to the burden hours, based on COMMISSION Statement of the Purpose of, and the conversations with fund representatives, Statutory Basis for, the Proposed Rule Change we estimate that the total cost burden of [Release No. 34–76649; File No. SR–NYSE– compliance with the information 2015–60] 1. Purpose collection requirements of Form N–14 is The Exchange proposes to amend approximately $27,500 for preparing Self-Regulatory Organizations; New Rule 13 to eliminate GTC Orders (which and filing an initial registration York Stock Exchange LLC; Notice of are also defined as ‘‘Open’’ Orders) and statement on Form N–14 and Filing and Immediate Effectiveness of Stop Orders, and make conforming approximately $16,000 for preparing Proposed Rule Change To Amend Rule changes to Rules 49, 61, 70, 104, 109, and filing an amendment to a 13 To Eliminate Good til Cancelled 115A, 116, 118, 123, 123A, 123C, 123D, registration statement on Form N–14. (‘‘GTC’’) Orders and Stop Orders, and 1000, 1004, and 6140. The Exchange This includes, for example, the cost of Make Conforming Changes to Rules proposes to eliminate these order types goods and services purchased to prepare 49, 61, 70, 104, 109, 115A, 116, 118, in order to streamline its rules and and update registration statements on 123, 123A, 123C, 123D, 1000, 1004 and reduce complexity among its order type Form N–14, such as for the services of 6140 4 outside counsel. Accordingly, we offerings. calculate the total estimated annual cost December 15, 2015. Pursuant to section 19(b)(1) 1 of the 2 15 U.S.C. 78a. burden of responding to Form N–14 to 3 Securities Exchange Act of 1934 (the 17 CFR 240.19b–4. be approximately $4,498,000. 4 See, e.g., Mary Jo White, Chair, Securities and Estimates of average burden hours are Exchange Commission, Speech at the Sandler made solely for the purposes of the 1 15 U.S.C. 78s(b)(1). Continued

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Because of the technology changes manually represented by a Floor broker. Orders or a GTC, DNR and DNI associated with the proposed rule A Stop Order to sell becomes a market modifier. The Exchange proposes to change, the Exchange proposes to order when a transaction in the security delete these references. announce the implementation date of occurs at or below the stop price after • The Exchange proposes to amend the elimination of the order types via the order is received into Exchange 104 (Dealings and Responsibilities of Trader Update. systems or manually represented by a DMMs), which prohibits DMM units Floor broker.8 To effectuate this from entering, among others, GTC Elimination of GTC Orders and Stop elimination, the Exchange proposes to Modifiers, DNR Modifiers, DNI Orders (Rule 13) amend Rule 13 as follows: Modifiers, and Stop Orders. The The Exchange proposes to eliminate, • Delete Rule 13(e)(7) [sic], which Exchange proposes to delete these and thus delete from its rules, the GTC defines a Stop Order; references to GTC, DNR and DNI Order defined in Rule 13(b)(2). A GTC • delete Rule 13(f)(1) and (2), which modifiers and Stop Orders in subsection Order is a limit order that remains in describes the DNR and DNI modifiers as (b)(vi). effect until it is either executed or noted above; • Rule 109 (Limitation on ‘‘Stopping’’ cancelled.5 To reflect this elimination, • amend Rule 13(f)(5), which Stock) was rescinded in 1983. The the Exchange proposes to delete all provides that the STP modifier is Exchange proposes to delete the heading references to GTC or Open Orders and available for Stop Orders; and and replace it with ‘‘Reserved.’’ The • any related modifiers in Rule 13 as delete Supplementary Material .30, Exchange also proposes to delete ‘‘See follows: which governs the election of Stop Rule 112.10 for ‘‘Interpretations and • Delete Rule 13(b)(2), which defines Orders for certain enumerated Instructions’’ as no longer necessary. the GTC Order; securities.9 • The Exchange proposes to amend • delete Rule 13(d)(1)(B)(iv), which Conforming Amendments Rule 115A (‘‘Orders at Opening’’), provides that interest designated as GTC which governs orders at the opening, to may not be designated as a Mid-Point The Exchange proposes certain remove subsection (a), which prohibits Passive Liquidity (‘‘MPL’’) Order; 6 conforming amendments to Rules 49, DMMs, trading assistants and anyone • delete Rules 13(f)(1) and (2), which 61, 70, 104, 109, 115A, 116, 118, 123, acting on their behalf from using the describes the Do Not Reduce (‘‘DNR’’) 123A, 123C, 123D, 1000, 1004, and 6140 Exchange Display Book system in a and Do Not Increase (‘‘DNI’’) modifiers, to reflect the elimination of GTC Orders manner designed to discover which are modifiers that are used only and Stop Orders as described above as inappropriately information about in connection with GTC Orders. In follows: unelected stop orders when arranging • The Exchange proposes to amend addition to being used for GTC Orders, the open or to otherwise attempt to Rule 49 (Emergency Powers), which these modifiers are also used for Stop obtain information regarding unelected addresses the Exchange’s emergency Orders, which the Exchange is also stop orders and to renumber the rule powers, to delete subsection (b)(1)(B), proposing to eliminate; 7 and accordingly. which permits the Exchange to accept • amend Rule 13(f)(5)(B), which • The Exchange proposes to delete cancellations of GTC orders during an provides that the Exchange shall reject Supplementary Material .40(A) and .50 emergency condition. of Rule 116 (‘‘ ‘Stop’ Constitutes GTC Orders with an Self-Trade • The Exchange proposes to amend Guarantee’’), which provides that an Prevention (‘‘STP’’) Modifier. Rule 61 (Recognized Quotations), which Second, the Exchange proposes to agreement by a member to ‘‘stop’’ stock governs bids and offers in securities. eliminate Stop Orders. A Stop Order is at a specified price constitutes a Under Rule 61(a)(ii), transactions in part an order to buy or sell a stock at the guarantee of a purchase or sale by the of a round lot are published to the market once the price of the stock member of the security at that price. Consolidated Tape and may elect Stop reaches a specified price known as the Supplementary Material .40(A) provides Orders. The Exchange proposes to ‘‘stop price.’’ Specifically, a Stop Order that Stop Orders elected based on the eliminate the reference to electing Stop to buy becomes a market order when a closing price are automatically and Orders. systemically converted to market orders transaction in the security occurs at or • The Exchange proposes to amend and included in the total number of above the stop price after the order is Rule 70 (Execution of Floor Broker received into Exchange systems or is market-at-the-close orders executed at Interest), governing execution of Floor the close. Supplementary Material .50, broker interest known as e-Quotes. O’Neill & Partners, L.P. Global Exchange and similar to Rule 104(b)(vi), prohibits Brokerage Conference (June 5, 2014) (available at Under Rule 70(a)(1), e-Quotes cannot DMMs, trading assistants and anyone www.sec.gov/News/Speech/Detail/Speech/ include, among others, unelected Stop acting on their behalf from using the 1370542004312#.U5HI-fmwJiw). Display Book system in a manner 5 GTC orders are not eligible to be executed in any 8 See Rule 13(a)(7)(A) & (B). [sic] Elected Stop designed to discover inappropriately Off-Hours Trading Facility and may not be Orders also become Market Orders and are eligible transmitted to Floor broker hand-held devices or for automatic execution in accordance with Rules information about unelected stop orders Floor broker systems. See Rule 13(b)(2). 116.40, 123C and 1000–1004. Stop Orders that when arranging the close or to otherwise 6 A MPL Order is an undisplayed limit order that would be elected by the price of the opening attempt to obtain information regarding automatically executes at the mid-point of the transaction on the Exchange are included in the unelected stop orders. protected best bid or offer. See Rule 13(d)(1)(A). opening transaction as Market Orders. See id. at (C). • The Exchange proposes to delete The Exchange also proposes to re-number Rule Odd-lot size transactions are not considered 13(d)(1)(B)(v) & (vi) to reflect the deletion of transactions eligible to elect Stop Orders on the Rule 118 (Orders To Be Reduced and subsection (iv). Exchange. See id. at (D). Increased on Ex-Date), which governs 7 In connection with the deletion of Rule 13(f)(1) 9 The securities identified in Supplementary the adjustment of GTC buy orders 10 and & (2), the Exchange proposes to renumber the Rule Material .30 are: Investment Company Units (as open Stop Orders, i.e., GTC Stop Orders, as follows: Rule 13(f)(3) (Pegging Interest) would defined in section 703.16 of the Exchange’s Listed become Rule 13(f)(1); Rule 13(f)(4) (Retail Modifier) Company Manual); Trust Issued Receipts (as to sell when a security is quoted ex- would become Rule 13(f)(2); Rule 13(f)(5) (Self- defined in Rule 1200); streetTRACKS® Gold Shares Trade Prevention Modifier) would become Rule (as defined in Rule 1300 et seq.); Currency Trust 10 Rule 118 uses the term ‘‘Open buying orders.’’ 13(f)(3); and Rule 13(f)(6) (Sell ‘‘Plus’’—Buy Shares (as defined in Rule 1300A et seq.); An Open Order is another term for a GTC Order. ‘‘Minus’’ Instruction) would become Rule 13(f)(4). Commodity Trust Shares (as defined in Rule 1300B See Rule 13(a)(2). Since Rule 118 applies only to As discussed below, the Exchange proposes to et seq.); and any security governed by Rule series GTC Orders and Stop Orders, the Exchange delete Rule 13(f)(7) which defines Stop Orders. 1100, 1200, 1300, 1300A or 1300B. proposes to delete the rule in its entirety.

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dividend, ex-distribution, ex-rights or guaranteed to participate in an opening 2. Statutory Basis ex-interest. trade would cause an opening price to • The proposed rule change is The Exchange proposes to amend be outside the Opening Price Range (as consistent with section 6(b) 13 of the Rule 123 (Record of Orders), which defined therein). Third, to reflect the Act, in general, and furthers the imposes certain recordkeeping and deletion of subsection (a)(3)(C)(ii) and objectives of section 6(b)(5),14 in order entry requirements, to eliminate the removal of Stop Orders from second particular, in that it is designed to the reference to Stop Orders in in time priority, the Exchange proposes prevent fraudulent and manipulative subsection (e)(iii)(7) and stop price in to re-number subsections (a)(3)(C)(iii) acts and practices, to promote just and paragraph (e)(iii)(8) of Rule 123. The through (v) and re-order priority for equitable principles of trade, to foster Exchange also proposes to delete Limit Orders (current subsection cooperation and coordination with outdated references to auction market (a)(3)(C)(iii)) from third to second, for G- persons engaged in facilitating and auction limit orders in Rule quotes (current subsection (a)(3)(C)(iv)) transactions in securities, and to remove 123(e)(iii)(7), which the Exchange either from fourth to third, and for all other impediments to and perfect the eliminated or did not implement.11 limit interest priced equal to the open mechanism of a free and open market • The Exchange proposes to amend and a national market system. Supplementary Material .20 of Rule (current subsection (a)(3)(v)) from fifth to fourth. Specifically, the Exchange believes 123A (Miscellaneous Requirements), that eliminating GTC Orders and Stop • The Exchange proposes to amend which governs changes in day orders, to Orders removes impediments to and remove the final clause of the first Rule 1000 (Automatic Executions), perfects a national market system by paragraph requiring members to request which provides for automatic simplifying functionality and that customers and correspondents file executions by Exchange systems. Rule complexity of its order types. The GTC Orders wherever possible rather 1000(c) provides that incoming market Exchange believes that eliminating these than repeating the same order each orders, including an elected stop order, order types would not be inconsistent morning. The Exchange also proposes to or marketable limit order to buy (sell) with the public interest and the delete the second paragraph of will not execute or route to another protection of investors because investors Supplementary Material .20 in its market center at a price above (below) will not be harmed and in fact would entirety, which provides that a Day the Trading Collar applicable when benefit from the removal of complex Order changed to an Open Order is automatic executions are in effect and functionality. Because Stop Orders, considered a new order and must be calculated pursuant to Rule 1000(c)(i). when elected, can exacerbate market added to the Exchange’s Book after The Exchange proposes to delete the volatility and result in executions in other orders previously received at the reference to elected stop order in declining markets at prices significantly same price. As noted above, an Open paragraph (c) of Rule 1000. 12 different than the quoted price, the Order is another term for a GTC Order. • Exchange believes that eliminating them Finally, the Exchange proposes to The Exchange proposes to amend Rule 1004 (Election of Buy Minus, Sell would reduce the potential for orders on rename Supplementary Material .20 the Exchange to cause significant price ‘‘Day Orders’’ by deleting the preceding Plus and Stop Orders), which provides that automatic executions of dislocation. The Exchange also believes words ‘‘Changes In’’. that eliminating GTC Orders would • The Exchange proposes to amend transactions reported to the benefit investors because it shifts the Rule 123C (The Closing Procedures), Consolidated Tape shall elect, among responsibility to monitor best execution which specifies the procedures to be others, stop orders electable at the price obligations on behalf of a customer to followed at the close of trading on the of such executions and that any stop the member organization entering the Exchange, to delete references to Stop order so elected shall be automatically order, rather than leaving a GTC order Orders in paragraphs 6(a)(i)(C) and executed as market orders pursuant to at the Exchange until it gets executed. 6(a)(i)(D)(ii) of Rule 123C. The Exchange Exchange rules. The Exchange proposes The Exchange further believes that also proposes to delete paragraph to delete the references to Stop Orders, deleting corresponding references in 8(a)(iv) of Rule 123C, which describes including in the heading. Exchange rules to deleted order types election of Stop Orders as part of the Finally, the Exchange proposes to also removes impediments to and Closing Print. amend Rule 6140 (Other Trading perfects the mechanism of a free and • The Exchange proposes to amend open market by ensuring that members, Rule 123D (Openings and Halts in Practices), which governs a number of regulators and the public can more Trading), which specifies that Exchange prohibited trading practices. First, the easily navigate the Exchange’s rulebook systems may open one or more Exchange proposes to delete Rule and better understand the orders types securities electronically if a DMM 6140(h)(1), which provides that a available for trading on the Exchange. cannot facilitate the opening of trading member or member organization may, Removing obsolete cross references also as required by Exchange rules. First, the but is not obligated to, accept a stop furthers the goal of transparency and Exchange proposes to replace the order in designated securities, and adds clarity to the Exchange’s rules. references to Rule 115A(b) with defines buy stop orders (Rule references to Rule 115A(a). Second, the 6140(h)(1)(A)) and sell stop orders (Rule B. Self-Regulatory Organization’s Exchange proposes to delete subsection 6140(h)(1)(B)). Second, the Exchange Statement on Burden on Competition proposes to delete Rule 6140(h)(2), (a)(3)(C)(ii), which provides that Stop The Exchange does not believe that which provides that a member or Orders elected based on the opening the proposed rule change will impose member organization may, but is not price would trade second in time any burden on competition that is not obligated to, accept stop limit orders in priority when interest that is otherwise necessary or appropriate in furtherance designated securities and that when a of the purposes of the Act. The 11 See Securities Exchange Act Release No. 67686 transaction occurs at a stop price, the proposed change is not designed to (August 17, 2012), 77 FR 51596 (August 24, 2012) stop limit order to buy or sell becomes address any competitive issue but (SR–NYSE–2012–19) (deleting the auction market a limit order at the limit price. Current order). Auction limit orders do not appear to have been implemented. subsection (i) of Rule 6140 would 13 15 U.S.C. 78f(b). 12 See note 10, supra. become new subsection (h). 14 15 U.S.C. 78f(b)(5).

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would rather remove complex change should be approved or For the Commission, by the Division of functionality and obsolete cross- disapproved. Trading and Markets, pursuant to delegated references, thereby reducing confusion authority.20 and making the Exchange’s rules easier IV. Solicitation of Comments Robert W. Errett, to understand and navigate. Interested persons are invited to Deputy Secretary. [FR Doc. 2015–31920 Filed 12–18–15; 8:45 am] C. Self-Regulatory Organization’s submit written data, views, and Statement on Comments on the arguments concerning the foregoing, BILLING CODE 8011–01–P Proposed Rule Change Received From including whether the proposed rule Members, Participants, or Others change is consistent with the Act. SECURITIES AND EXCHANGE No written comments were solicited Comments may be submitted by any of COMMISSION or received with respect to the proposed the following methods: rule change. Electronic Comments [Release No. 34–76652; File No. SR–NSCC– 2015–007] III. Date of Effectiveness of the • Use the Commission’s Internet Self-Regulatory Organizations; Proposed Rule Change and Timing for comment form (http://www.sec.gov/ Commission Action National Securities Clearing rules/sro.shtml); or Corporation; Order Approving The Exchange has filed the proposed • Send an email to rule-comments@ Proposed Rule Change To Provide rule change pursuant to section sec.gov. Please include File Number SR– Mechanism for Sub-Account 19(b)(3)(A)(iii) of the Act 15 and Rule NYSE–2015–60 on the subject line. Settlement With Respect to the 19b–4(f)(6) thereunder.16 Because the Alternative Investment Product proposed rule change does not: (i) Paper Comments Services Significantly affect the protection of • Send paper comments in triplicate investors or the public interest; (ii) December 15, 2015. to Secretary, Securities and Exchange impose any significant burden on On October 30, 2015, National Commission, 100 F Street NE., competition; and (iii) become operative Securities Clearing Corporation prior to 30 days from the date on which Washington, DC 20549–1090. (‘‘NSCC’’) filed with the Securities and it was filed, or such shorter time as the All submissions should refer to File Exchange Commission (‘‘Commission’’) Commission may designate, if Number SR–NYSE–2015–60. This file proposed rule change SR–NSCC–2015– consistent with the protection of number should be included on the 007 pursuant to section 19(b)(1) of the investors and the public interest, the subject line if email is used. To help the Securities Exchange Act of 1934 proposed rule change has become 1 2 Commission process and review your (‘‘Act’’), and Rule 19b–4 thereunder, effective pursuant to section 19(b)(3)(A) comments more efficiently, please use to amend NSCC’s Rules and Procedures of the Act and Rule 19b–4(f)(6)(iii) 3 only one method. The Commission will (‘‘Rules’’) to allow certain users of thereunder. NSCC’s Alternative Investment Product A proposed rule change filed under post all comments on the Commission’s Internet Web site (http://www.sec.gov/ Services (‘‘AIP’’) to settle at the sub- Rule 19b–4(f)(6) 17 normally does not account level and to make related rules/sro.shtml). Copies of the become operative prior to 30 days after technical changes and corrections to the submission, all subsequent the date of the filing. However, pursuant Rules, as more fully described below. to Rule 19b4(f)(6)(iii),18 the Commission amendments, all written statements The proposed rule change was may designate a shorter time if such with respect to the proposed rule published for comment in the Federal action is consistent with the protection change that are filed with the Register on November 10, 2015.4 The of investors and the public interest. Commission, and all written Commission did not receive any At any time within 60 days of the communications relating to the comment letters on the proposed rule filing of such proposed rule change, the proposed rule change between the change. For the reasons discussed Commission summarily may Commission and any person, other than below, the Commission is granting temporarily suspend such rule change if those that may be withheld from the approval of the proposed rule change. it appears to the Commission that such public in accordance with the action is necessary or appropriate in the provisions of 5 U.S.C. 552, will be I. Description of the Proposed Rule Change public interest, for the protection of available for Web site viewing and investors, or otherwise in furtherance of printing in the Commission’s Public The following is a description of the the purposes of the Act. If the Reference Room, 100 F Street NE., proposed rule change, as provided by Commission takes such action, the Washington, DC 20549, on official NSCC: Commission shall institute proceedings business days between the hours of Background. In 2008, the Commission under section 19(b)(2)(B) 19 of the Act to 10:00 a.m. and 3:00 p.m. Copies of the approved NSCC’s proposed rule change determine whether the proposed rule filing also will be available for to establish AIP, a non-guaranteed inspection and copying at the principal processing platform for alternative 15 15 U.S.C. 78s(b)(3)(A)(iii). office of the Exchange. All comments investment products such as hedge 16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– received will be posted without change; funds, funds of hedge funds, 4(f)(6)(iii) requires a self-regulatory organization to commodities pools, managed futures, give the Commission written notice of its intent to the Commission does not edit personal file the proposed rule change, along with a brief identifying information from 20 description and text of the proposed rule change, submissions. You should submit only 17 CFR 200.30–3(a)(12). at least five business days prior to the date of filing 1 15 U.S.C. 78s(b)(1). of the proposed rule change, or such shorter time information that you wish to make 2 17 CFR 240.19b–4. as designated by the Commission. The Exchange available publicly. All submissions 3 Available at http://www.dtcc.com/legal/rules- has satisfied this requirement. should refer to File Number SR–NYSE– and-procedures. 17 17 CFR 240.19b–4(f)(6). 2015–60, and should be submitted on or 4 See Securities Exchange Act Release No. 76348 18 17 CFR 240.19b–4(f)(6)(iii). (November 4, 2015), 80 FR 69728 (November 10, 19 15 U.S.C. 78s(b)(2)(B). before January 11, 2016. 2015) (SR–NSCC–2015–007).

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and real estate investment trusts.5 AIP Administrator’’). In general, AIP Fund An AIP Fund Administrator choosing facilitates, among other things, Administrators process AIP transactions to create an AIP Settling Sub-Account processing activities such as with respect to their various Fund will designate to NSCC the applicable subscriptions and redemptions, clients by creating separate sub- Fund client with responsibility for distributions, position reporting, and accounts within AIP, each of which is settlement of AIP Payments with respect account maintenance relating to attributable to a specific Fund client. In to such AIP Settling Sub-Account. Such alternative investment products and this structure, the Fund client generally designated Fund will not be an AIP settles related payments (‘‘AIP would not be an AIP Member. Member (‘‘AIP Non-Member Fund’’). Payments’’). Under the current AIP Rules, AIP Each such AIP Non-Member Fund will Settlement of AIP Payments is done Fund Administrators are responsible for enter into a standard agreement on a prefunded basis. On each date for all activities related to their sub- pursuant to which an NSCC-approved which settlement will occur accounts. These activities include, for AIP Settling Bank will perform (‘‘Settlement Date’’), an AIP participant example, submitting, reviewing, and settlement services directly for the AIP (‘‘AIP Member’’) that is in a debit confirming order instructions, reviewing Non-Member Fund (‘‘Appointment of position for such day must satisfy its and confirming settlement statements, AIP Settling Bank and AIP Settling Bank full debit balance before NSCC will and making AIP Payments. With respect Agreement’’). settle any contra-side credit positions to making AIP Payments, the Rules Under the proposal, AIP Fund with respect to such AIP Member. NSCC provide that on Settlement Date all sub- Administrators will remain responsible simply passes AIP Payments from one account obligations roll up to the AIP for all activities with respect to their AIP Member to the contra-side AIP Fund Administrator’s primary AIP AIP Settling Sub-Accounts, except that Member without netting and without account. These obligations are then AIP Fund Administrators will not be guaranteeing payment, and settlement of presented to the AIP Fund responsible for settling AIP Payments. AIP Payments is segregated from all Administrator’s settlement bank for For example, AIP Fund Administrators other money settlement at NSCC. gross debit settlement and gross credit will remain responsible for order Participation in AIP is governed by settlement. processing applicable to their AIP Rule 53 of NSCC’s Rules. A party Because AIP Fund Administrators are Settling Sub-Accounts, including seeking to be an AIP Member is required responsible for settlement of AIP submitting, reviewing, and confirming to enter into a separate AIP membership Payments, an AIP Fund Administrator order instructions. In addition, AIP agreement with NSCC, even if it is in a debit position on Settlement Date Fund Administrators will be responsible otherwise a participant of other NSCC must assure that each applicable Fund for informing their AIP Non-Member services. client has timely delivered payment to Funds of their respective daily AIP AIP Members are divided into two such AIP Fund Administrator’s Payment obligations. All reporting, categories—‘‘AIP Manufacturers’’ and settlement bank. To the extent that a liability, and indemnification ‘‘AIP Distributors’’. AIP Manufacturers single Fund client fails to deliver its obligations to NSCC under NSCC’s act on behalf of, or under authority of, payment on Settlement Date (and the Rules will remain with the AIP Fund the sponsor, general partner, or other AIP Fund Administrator is not Administrator. party responsible for the creation or otherwise able to cover such Fund’s As is the case today, settlement of all manufacturing of an eligible alternative shortfall), NSCC is required to reverse AIP Payments will be done on a investment product (‘‘Eligible AIP all of the AIP Fund Administrator’s prefunded basis. NSCC will not net or Product’’). AIP Manufacturers are contra-side credit positions for the day, guarantee any AIP Payments with generally the fund entities themselves including the contra-side credit respect to AIP Settling Sub-Accounts, (‘‘Funds’’). AIP Distributors act on positions attributable to Funds that and all settlement of AIP Payments behalf of, or under authority of, a actually did pay. (including those of AIP Non-Member customer or other investor in an Eligible In recent months, NSCC has learned Funds) will continue to be segregated AIP Product. AIP Distributors are from several fund administrators from all other money settlement at generally the broker/dealers whose interested in becoming AIP Members NSCC. clients invest in Eligible AIP Products. that the responsibility to make AIP Prior to NSCC approving any AIP Fund Administrators. Within the Payments at NSCC is a responsibility Settling Sub-Account, NSCC will alternative investments industry, there that fund administrators generally do require the applicable AIP Fund are parties on the creation/ not undertake outside of AIP. In the Administrator to enter into manufacturing side of transactions current processing environment outside documentation and/or agreements, or known as ‘‘fund administrators’’. Fund of AIP, fund administrators perform all otherwise procure documentation and/ administrators are not the Funds transaction processing functions for or agreements, in such form as required themselves, but rather, agents for the their Funds, but they generally do not by NSCC from time to time, which will control money settlement. contain: Funds. Where a Fund engages a fund • administrator to act on the Fund’s As explained by certain fund The AIP Fund Administrator’s behalf, it is typically the fund administrators to NSCC, the current AIP acknowledgement and agreement that it administrator that handles all of the Payment structure as applied to AIP will be responsible for all matters, transaction processing for that Fund. Fund Administrators has slowed activities, liabilities, and obligations Within AIP, a fund administrator is a adoption of AIP by the fund applicable to AIP Members under the party engaged under contract to provide administrator community. Rules with respect to such AIP Settling Proposed Rule Change. To address administrative services with respect to Sub-Account, except for settlement of this matter, NSCC has proposed to one or more Eligible AIP Products and AIP Payments; permit AIP Fund Administrators, at • the AIP Fund Administrator’s is eligible to be an AIP Member as an their discretion, to create sub-accounts agreement to indemnify NSCC for any AIP Manufacturer (‘‘AIP Fund that settle separately from their primary loss, liability, or expense sustained by AIP accounts, as well as from their other NSCC in connection with, arising from, 5 Securities Exchange Act Release No. 57813 (May 12, 2008), 73 FR 28539 (May 16, 2008) (SR–NSCC– AIP sub-accounts, (‘‘AIP Settling Sub- or related to such AIP Settling Sub- 2007–12). Accounts’’). Account, including with respect to the

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Foreign Account Tax Compliance Act Under the proposal, AIP Fund Corporation was grossly negligent, (‘‘FATCA’’); 6 Administrators will be required to engaged in willful misconduct, or in • the AIP Fund Administrator’s indemnify NSCC for any loss, liability, violation of federal securities laws for agreement that it will be responsible for or expense sustained by NSCC in which there is a private right of action; (A) all charges incurred and payments connection with, arising from, or related and address applicable technical due under Rule 26 (Bills Rendered) for to FATCA in respect of their AIP changes in connection with the the processing of AIP Settling Sub- Settling Sub-Accounts. The FATCA- foregoing. Account transactions through AIP and related provisions in this proposed rule • Rule 55. Settling Banks and AIP (B) any other charges that may be change are substantially similar to the Settling Banks incurred with respect to such AIP current provisions in the Rules Settling Sub-Account under Rule 24 governing how NSCC monitors and The Rule will be amended to provide (Charges for Services Rendered); treats its non-U.S. members with respect that AIP Settling Banks may undertake • the AIP Fund Administrator’s to FATCA. to: Perform settlement services on behalf designation of the AIP Non-Member In connection with this proposal, of AIP Non-Member Funds; describe the Fund with responsibility for making AIP NSCC will amend the following Rules: settlement process with respect to AIP Settling Sub-Accounts; and make Payments with respect to such AIP • Rule 1. Definitions Settling Sub-Account; certain technical corrections. • • The following new defined terms the AIP Non-Member Fund’s • Rule 58. Limitation on Liability consent and approval with respect to will be created: ‘‘AIP Fund such designation; Administrator’’, ‘‘AIP Non-Member The Rule will be amended to specify that NSCC will not be liable for the acts, • the AIP Fund Administrator’s Fund’’, and ‘‘AIP Settling Sub- delays, omissions, bankruptcy, or agreement of its obligation to notify Account’’, each of which will be defined insolvency of any AIP Non-Member NSCC of changes in condition to the AIP or further described in Rule 53 Fund unless the Corporation was Non-Member Fund that would (Alternative Investment Product grossly negligent, engaged in willful otherwise require notice to NSCC under Services and Members). • The defined term ‘‘AIP Settling misconduct, or in violation of federal Rule 2B (Ongoing Membership Bank’’ will be amended to: Provide that securities laws for which there is a Requirements and Monitoring) or Rule AIP Settling Banks undertake to perform private right of action; and make clear 20 (Insolvency); settlement services for AIP Members, as that NSCC will not be responsible for • the AIP Fund Administrator’s well as for AIP Non-Member Funds; and the completeness or accuracy of any AIP agreement of its obligation to notify the correct an incorrect Rule citation within data received from or transmitted to an applicable AIP Non-Member Fund of the defined term. AIP Member (including an AIP Fund such AIP Non-Member Fund’s daily AIP Administrator with respect to any AIP Payment balance; and • Rule 2. Members and Limited Settling Sub-Account thereof), nor for • the AIP Non-Member Fund’s Members any errors, omissions, or delays which appointment of an AIP Settling Bank, The description of ‘‘AIP Settling Bank may occur in the transmission of such and such AIP Settling Bank’s agreement Only Member’’ as a type of NSCC AIP data to or from an AIP Member to act as AIP Settling Bank for such AIP Limited Member will be amended to (including an AIP Fund Administrator Non-Member Fund. provide that AIP Settling Bank Only with respect to any AIP Settling Sub- In addition, the applicable AIP Fund Members undertake to perform Account thereof). Administrator will need to obtain from settlement services with respect to AIP • the applicable AIP Non-Member Fund on behalf of AIP Members, as well as Addendum D (Statement of Policy; tax documentation in such form as AIP Non-Member Funds. Envelope Settlement Service, Mutual required by NSCC from time to time, Fund Services, Insurance and • and with respect to any AIP Non- Rule 53. Alternative Investment Retirement Processing Services and Member Fund that is treated as a non- Product Services and Members other Services Offered by the U.S. entity for U.S. federal income tax The Rule will be amended to: Permit Corporation) purposes, the AIP Fund Administrator AIP Fund Administrators to create AIP The Rule will be amended to make will need to provide NSCC with an Settling Sub-Accounts and address the clear that settlement with respect to AIP executed FATCA certification from such agreements and documents that NSCC Settling Sub-Accounts is not guaranteed AIP Non-Member Fund in the form will require prior to approving any such and that NSCC will reverse any credit approved by NSCC. AIP Settling Sub-Account; describe the previously given to any AIP Member On a going-forward basis with respect tax and FATCA-related requirements in (including any AIP Settling Sub- to FATCA, AIP Fund Administrators connection with creating and Account) that is the contra-side to an will need to obtain from their AIP Non- maintaining such AIP Settling Sub- AIP Member (including a contra-side Member Funds periodic tax Accounts; describe the settlement AIP Settling Sub-Account) whose documentation, including FATCA process with respect to AIP Settling payment was not received by NSCC. certifications to the extent applicable, Sub-Accounts; state that NSCC will not and provide such documentation to notify any AIP Non-Member Fund of II. Discussion and Commission NSCC. Failure to provide such tax any debit or credit balance and identify Findings documentation, including FATCA that it is the AIP Fund Administrator’s Section 19(b)(2)(C) of the Act 7 directs certifications, in the manner and obligation to notify each such AIP Non- the Commission to approve a proposed timeframes set forth by NSCC from time Member Fund of its applicable debit or rule change of a self-regulatory to time will result in revocation of credit balance; state that NSCC will not organization if it finds that such NSCC’s approval, in NSCC’s sole and guarantee AIP Payments to any AIP proposed rule change is consistent with absolute discretion, of such AIP Settling Non-Member Fund; specify that NSCC the requirements of the Act and rules Sub-Account. will not be liable for the acts, delays, and regulations thereunder applicable to omissions, bankruptcy, or insolvency of 6 26 U.S.C. 1471 et seq. any AIP Non-Member Fund unless the 7 15 U.S.C. 78s(b)(2)(C).

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such organization. The Commission Fund Administrators’ designated Fund notice is hereby given that, on December believes the proposal is consistent with clients fails to make its AIP Payment on 2, 2015, NYSE Arca, Inc. (the section 17A(b)(3)(F) of the Act 8 and Settlement Date, and the AIP Fund ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with Rule 17Ad–22(d)(12),9 as described in Administrator does not cover the the Securities and Exchange detail below. shortfall, NSCC is required to reverse all Commission (the ‘‘Commission’’) the Consistency with Section 17A(b)(3)(F) of the AIP Fund Administrator’s contra- proposed rule change as described in of the Act. Section 17A(b)(3)(F) of the side credit positions, including the Items I and II below, which Items have Act requires, among other things, that contra-side credit positions of Funds been prepared by the self-regulatory the rules of a clearing agency be that did pay. With this proposed rule organization. The Commission is designed (i) to foster cooperation and change, AIP Fund Administrators can publishing this notice to solicit coordination with persons engaged in create AIP sub-accounts that settle comments on the proposed rule change the clearance and settlement of separately from their primary AIP from interested persons. securities transactions, and (ii) to accounts, as well as from other AIP sub- remove impediments to and perfect the accounts. Allowing AIP settlement at I. Self-Regulatory Organization’s mechanism of a national system for the the sub-account level will enable Statement of the Terms of the Substance prompt and accurate clearance and funded AIP sub-accounts to settle no of the Proposed Rule Change settlement of securities transactions.10 later than the end of the settlement day, The Exchange proposes to change a As described above, under NSCC’s while unfunded sub-accounts can be representation relating to the number of current Rules regarding AIP, settlement reversed, separately. As such, the components in the CBOE S&P 500 Put of AIP Payments is the responsibility of Commission believes that the proposal Write Index, the index underlying the AIP Members, including AIP Fund is consistent with Rule 17Ad– WisdomTree Put Write Strategy Fund Administrators. However, NSCC has 22(d)(12).13 (‘‘Fund’’). The Securities and Exchange learned from fund administrators Commission (‘‘Commission’’) has III. Conclusion interested in becoming AIP Members approved listing and trading of shares of that fund administrators generally do On the basis of the foregoing, the the Fund on the Exchange under not control money settlement for their Commission finds that the proposal is Commentary .01 to NYSE Arca Equities Fund clients. This disconnect has consistent with the requirements of the Rule 5.2(j)(3) (‘‘Investment Company impeded the adoption of AIP by the Act and in particular with the Units’’).4 Shares of the Fund have not fund administrator community. To requirements of section 17A of the commenced listing and trading on the address this issue, NSCC will now allow Act 14 and the rules and regulations Exchange. The proposed rule change is AIP Fund Administrators to establish thereunder. available on the Exchange’s Web site at AIP sub-accounts and permit AIP It is therefore ordered, pursuant to www.nyse.com, at the principal office of Payments to settle at the sub-account section 19(b)(2) of the Act, that the Exchange, and at the Commission’s level. Doing so will redirect proposed rule change SR–NSCC–2015– Public Reference Room. responsibility for settlement of AIP 007 be, and hereby is, approved.15 II. Self-Regulatory Organization’s Payments from AIP Fund For the Commission, by the Division of Statement of the Purpose of, and Administrators to the AIP Fund Trading and Markets, pursuant to delegated 16 Statutory Basis for, the Proposed Rule Administrator’s designated Fund authority. Change clients. Robert W. Errett, In allowing settlement at the sub- Deputy Secretary. In its filing with the Commission, the account level, NSCC (i) will be fostering [FR Doc. 2015–31923 Filed 12–18–15; 8:45 am] self-regulatory organization included cooperation and coordination with fund BILLING CODE 8011–01–P statements concerning the purpose of, administrators and Funds that are and basis for, the proposed rule change involved in the processing of alternative and discussed any comments it received investment securities transactions, and SECURITIES AND EXCHANGE on the proposed rule change. The text (ii) will be removing an impediment to COMMISSION of those statements may be examined at the prompt and accurate clearance and the places specified in Item IV below. [Release No. 34–76646; File No. SR– settlement of alternative investment NYSEArca–2015–113) The Exchange has prepared summaries, securities transactions at the sub- set forth in sections A, B, and C below, account level. As such, the Commission Self-Regulatory Organizations; NYSE of the most significant parts of such believes that the proposal is consistent Arca, Inc.; Notice of Filing of Proposed statements. 11 with section 17A(b)(3)(F) of the Act. Rule Change Relating to the Index A. Self-Regulatory Organization’s Consistency with Rule 17Ad– Underlying the WisdomTree Put Write Statement of the Purpose of, and 22(d)(12). Rule 17Ad–22(d)(12) under Strategy Fund Statutory Basis for, the Proposed Rule the Act requires a central counterparty, Change such as NSCC, to ‘‘establish, implement, December 15, 2015. maintain and enforce written policies Pursuant to section 19(b)(1) 1 of the 1. Purpose Securities Exchange Act of 1934 (the and procedures reasonably designed to The Commission has approved a ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 . . . [e]nsure that final settlement proposed rule change relating to listing occurs no later than the end of the and trading on the Exchange of shares settlement day . . . .’’ 12 As described 13 Id. 14 (‘‘Shares’’) of the Fund on the Exchange above, under the current Rules 15 U.S.C. 78q–1. 15 In approving the proposed rule change, the under Commentary .01 to NYSE Arca regarding AIP, if just one of an AIP Commission considered the proposal’s impact on Equities Rule 5.2(j)(3) 5 (‘‘Investment efficiency, competition, and capital formation. 15 8 15 U.S.C. 78q–1(b)(3)(F). U.S.C. 78c(f). 4 See note 6, infra. 9 16 17 CFR 240.17Ad–22(d)(12). 17 CFR 200.30–3(a)(12). 5 NYSE Arca Equities Rule 5.2(j)(3)(A) provides 10 15 U.S.C. 78q–1(b)(3)(F). 1 15 U.S.C. 78s(b)(1). that an Investment Company Unit is a security that 11 Id. 2 15 U.S.C. 78a. represents an interest in a registered investment 12 17 CFR 240.17Ad–22(d)(12). 3 17 CFR 240.19b–4. Continued

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Company Units’’).6 Shares of the Fund Puts. All SPX Puts are standardized the Index does not include 20 have not commenced listing and trading options traded on the CBOE. components, but rather consists of one on the Exchange. As stated in the Prior Release, the component, which will be one series of The Shares will be offered by the Exchange submitted a proposed rule SPX Puts struck at-the-money and sold WisdomTree Trust (‘‘Trust’’), which was change (i.e., File No. SR–NYSEArca– on a monthly basis. established as a Delaware statutory trust 2015–05) to permit listing and trading of The Exchange believes it is on December 15, 2005. The Trust is Shares of the Fund because the Index appropriate to strike from the Prior registered with the Commission as an for the Fund does not meet all of the Release the representation that the investment company and has filed a ‘‘generic’’ listing requirements of Index will include a minimum of 20 registration statement on Form N–1A Commentary .01(a)(A) to NYSE Arca components and would meet the (‘‘Registration Statement’’) with the Equities Rule 5.2(j)(3), applicable to the numerical requirements of NYSE Arca Commission on behalf of the Fund.7 listing of Investment Company Units Equities Rule 5.2(j)(3), Commentary The Exchange proposes to change a based upon an index of ‘‘US Component .01(a)(A)(4) because such Commentary representation made in the Prior Release Stocks.’’ 8 Specifically, Commentary is inapplicable to an index containing relating to the number of components in .01(a)(A) to NYSE Arca Equities Rule options components and because the the CBOE S&P 500 Put Write Index 5.2(j)(3) sets forth the requirements to be Index does not include a minimum of (‘‘Index’’), the index underlying the met by components of an index or 20 components. The Exchange believes Fund. portfolio of US Component Stocks. that such deletion will not adversely As described in the Prior Release, the Because the Index consists primarily of impact investors or the public interest Fund’s investment objective will be to SPX Puts, rather than ‘‘US Component in that the Index is based on CBOE- seek investment results that, before fees Stocks’’ as defined in NYSE Arca traded puts on one of the most widely- and expenses, closely correspond to the Equities Rule 5.2(j)(3), the Index does followed broad-based market indexes— price and yield performance of the not satisfy the requirements of the S&P 500. Index. The Index was developed and is Commentary .01(a)(A). S&P 500 Index options traded on maintained by the Chicago Board As stated in the Prior Release, the CBOE are highly liquid, with average Options Exchange, Inc. (‘‘CBOE’’ or the Shares will conform to the initial and daily trading volume in 2014 of 888,089 ‘‘Index Provider’’). The Fund’s continued listing criteria under NYSE contracts, with a notional size per investment objective is to seek Arca Equities Rules 5.2(j)(3) and contract of $200,000.10 The Exchange investment results that, before fees and 5.5(g)(2), except that the Index will not represents that the average daily trading expenses, closely correspond to the meet the requirements of NYSE Arca volume of at-the-money 30-day SPX price and yield performance of the Equities Rule 5.2(j)(3), Commentary Puts as of approximately 12:00 noon on Index. The Index tracks the value of a .01(a)(A)(1–5) in that the Index will each of the three recent Roll Dates was passive investment strategy, which consist of one series of options based on as follows: For Roll Date of April 17, consists of overlaying of S&P 500 Index US Component Stocks (i.e., SPX Puts), 2015 (expiry May 15, 2015), strike price put options (‘‘SPX Puts’’) over a money rather than US Component Stocks. of 2080, 4,069 contracts on Roll Date, market account, invested in one and However, the Prior Release also stated 2,273 average contracts per day through three-month Treasury bills (‘‘PUT that the Index will include a minimum expiration; for Roll Date of May 15, 2015 Strategy’’). The SPX Puts are struck at- of 20 components and therefore, would (expiry June 19, 2015), strike price of the-money and are sold on a monthly meet the numerical requirements of 2120, 9,521 contracts on Roll Date, basis, usually the third Friday of the NYSE Arca Equities Rule 5.2(j)(3), 2,427 average contracts per day through month (i.e., the ‘‘Roll Date’’), which Commentary .01(a)(A)(4) (a minimum of expiration; and for Roll Date of June 19, matches the expiration date of the SPX 13 index or portfolio components). The 2015 (expiry July 17, 2015), strike price representation in the preceding sentence of 2110, 126 contracts on Roll Date, 859 company that holds securities comprising, or is incorrect in that NYSE Arca Equities otherwise based on or representing an interest in, average contracts per day through Rule 5.2(j)(3), Commentary .01 is 11 an index or portfolio of securities (or holds expiration. Moreover, the proceeds of securities in another registered investment inapplicable to an index consisting of the sales of the SPX Puts will be company that holds securities comprising, or options. NYSE Arca Equities Rule invested in one and three-month otherwise based on or representing an interest in, 5.2(j)(3), Commentary .01(a)(A)(4) Treasury bills, which are also highly an index or portfolio of securities). requires that an underlying index 6 See Securities Exchange Act Release Nos. 74290 liquid instruments. (February 18, 2015), 80 FR 9818 (February 24, 2015) include a minimum of 13 ‘‘component The trading volume of the at-the- (SR–NYSEArca–2015–05) (notice of filing of stocks’’, i.e., US Component Stocks or money SPX Puts as of approximately proposed rule change relating to listing and trading Non-US Component Stocks (as defined 12:00 noon on Roll Dates compares of shares of WisdomTree Put Write Strategy Fund in NYSE Arca Equities Rule 5.2(j)(3)), favorably with at-the-money (as of under Commentary .01 to NYSE Arca Equities Rule 9 5.2(j)(3)) (‘‘Prior Notice’’); 74675 (April 8, 2015), 80 not options components. In addition, approximately 12:00 noon) put options FR 20038 (April 14, 2015) (SR–NYSEArca–2015–05) on other major indexes on Roll Dates. (order approving proposed rule change to list and 8 NYSE Arca Equities Rule 5.2(j)(3) provides that For example, the trading volume of trade shares of WisdomTree Put Write Strategy the term ‘‘US Component Stock’’ shall mean an Fund under Commentary .01 to NYSE Arca Equities equity security that is registered under sections comparable 30-day put options trading Rule 5.2(j)(3)) (‘‘Prior Order’’ and, together with the 12(b) or 12(g) of the Act and an American at-the-money as of 12:00 noon on each Prior Notice, the ‘‘Prior Release’’). Depositary Receipt, the underlying equity securities of the Roll Dates above on the Russell 7 The Trust is registered under the Investment of which is registered under Sections 12(b) or 12(g) 2000 Index (‘‘RUT’’) was as follows: For Company Act of 1940 (15 U.S.C. 80a–1) (‘‘1940 of the Act. Act’’). See Post-Effective Amendment No. 381 to 9 NYSE Arca Equities Rule 5.2(j)(3), Commentary Registration Statement on Form N–1A for the Trust, .01(a)(A)(5) provides that all securities in the stated in the Prior Release, the Fund and the Index dated December 15, 2014 (File Nos. 333–132380 applicable index or portfolio shall be US meet all of the requirements of the listing standards and 811–21864). The descriptions of the Fund and Component Stocks listed on a national securities for Investment Company Units in NYSE Arca the Shares contained herein are based on exchange and shall be NMS Stocks as defined in Equities Rule 5.2(j)(3) and the requirements of information in the Registration Statement. In Rule 600 under Regulation NMS of the Act. Each Commentary .01, except the requirements in addition, the Commission has issued an order component stock of the S&P 500 Index is a US Commentary .01(a)(A)(1)–(5), as the Index consists granting certain exemptive relief to the Trust under Component Stock that is listed on a national of options on US Component Stocks. the 1940 Act. See Investment Company Act Release securities exchange and is an NMS Stock. Options 10 See www.CBOE.com. No. 28171 (October 27, 2008) (File No. 812–13458). are excluded from the definition of NMS Stock. As 11 Source: Bloomberg.

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Roll Date of April 17, 2015 (expiry May has in place a surveillance program for deter fraudulent or manipulative acts 15, 2015), strike price of 1250, 1,137 transactions in ETFs to ensure the associated with the Fund’s Share price. contracts on Roll Date, 554 average availability of information necessary to Coupled with the extensive surveillance contracts per day through expiration; for detect and deter potential programs of the SROs described above, Roll Date of May 15, 2015 (expiry June manipulations and other trading abuses, the Exchange does not believe that 19, 2015), strike price of 1240, 356 thereby making the Shares less readily trading in the Fund’s Shares, as contracts on Roll Date, 624 average susceptible to manipulation. The proposed, would present manipulation contracts per day through expiration; Exchange notes that the Fund’s portfolio concerns. is not readily susceptible to and Roll Date of June 19, 2015 (expiry Surveillance July 17, 2015), strike price of 1280, manipulation as assets in the portfolio— 2,240 contracts on Roll Date, 670 comprised primarily of short-term U.S. The Exchange represents that trading average contracts per day through Treasury bills 15 and SPX Puts—will be in the Shares will be subject to the expiration.12 acquired in extremely liquid and highly existing trading surveillances, The daily high, low and last reported regulated markets. administered by regulatory staff of the sales prices on each of the Roll Dates for SPX options are among the most Exchange or the Financial Industry SPX Puts at-the-money as of liquid index options in the U.S. and Regulatory Authority (‘‘FINRA’’) on approximately 12:00 noon were as derive their value from the actively behalf of the Exchange, which are follows: Roll Date of April 17, 2015 traded S&P 500 Index components. SPX designed to detect violations of (expiry May 15, 2015), strike price of options are cash-settled with no Exchange rules and applicable federal 2080, daily high: $34.65, low: $23.45, delivery of stocks or ETFs, and trade in securities laws.16 The Exchange last: $28.70; Roll Date of May 15, 2015 competitive auction markets with price represents that these procedures are (expiry June 19, 2015), strike price of and quote transparency. The Exchange adequate to properly monitor Exchange 2120, daily high: $32.70, low: $29.00, believes the highly regulated S&P 500 trading of the Shares in all trading last: $29.00; and Roll Date of June 19, options markets and the broad base and sessions and to deter and detect 2015 (expiry July 17, 2015), strike price scope of the S&P 500 Index make violations of Exchange rules and federal of 2110, daily high: $30.40, low: $24.20, securities that derive their value from securities laws applicable to trading on last: $30.40.13 that index, including S&P 500 options, the Exchange. The Exchange estimates that on less susceptible to potential market The surveillances referred to above launch date, the Fund would hold manipulation in view of market generally focus on detecting securities approximately $2.5–$5.0 million in cash capitalization and liquidity of the S&P trading outside their normal patterns, and cash equivalents (e.g. one-month 500 Index components, price and quote which could be indicative of and three-month Treasury bills). This transparency, and arbitrage manipulative or other violative activity. estimate is based on a minimum of opportunities. When such situations are detected, 100,000–200,000 Shares being created at Because the pricing of the Shares is surveillance analysis follows and an estimated initial offering price of $25 tied to the Fund’s underlying assets investigations are opened, where per Share. (cash, Treasuries and SPX Puts), all of appropriate, to review the behavior of The Exchange believes that sufficient which are traded in efficient, diversified all relevant parties for all relevant protections are in place to protect and liquid markets, the Exchange also trading violations. FINRA, on behalf of the Exchange, or against market manipulation of the expects the liquidity in the congruent the regulatory staff of the Exchange, will Fund’s Shares and SPX Puts for several creation/redemption arbitrage communicate as needed regarding reasons: (i) Surveillances administered mechanism to keep the Shares’ market trading in the Shares and SPX Index by each of the Exchange, CBOE and pricing in line such that the Shares’ options with other markets and other FINRA designed to detect violations of pricing would not materially differ from entities that are members of the the federal securities laws and self- their net asset value. The Exchange Intermarket Surveillance Group (‘‘ISG’’), regulatory organization (‘‘SRO’’) rules; believes that the efficiency and liquidity and FINRA, on behalf of the Exchange, (ii) the large number of financial of the markets for SPX Puts, related or the regulatory staff of the Exchange, instruments tied to the specified derivatives, and S&P 500 Index may obtain trading information securities; and (iii) the exchange-traded components are sufficiently great as to regarding trading such securities from fund (‘‘ETF’’) creation/redemption such markets and other entities. In arbitrage mechanism tied to the large see http://www.cboe.com/aboutcboe/legal/ addition, the regulatory staff of the pool of liquidity of each of the Fund’s departments/orsareg.aspx. 15 Exchange may obtain information underlying investments, as more fully The Treasury bill market is highly liquid; Treasury bills are often considered a cash- regarding trading in such securities from described below. equivalent given the ability of investors to quickly markets and other entities that are Trading in the Shares and the convert them into cash. According to Federal members of ISG or with which the underlying Fund instruments will be Reserve Bank of New York data as of September Exchange has in place a comprehensive subject to the federal securities laws and 2015, average daily trading volume for U.S. Treasury bills totaled $67.8 billion. In addition, the surveillance sharing agreement.17 Exchange, CBOE and the Financial Treasury market and its participants are subject to In addition, the Exchange also has a Industry Regulatory Authority a wide range of oversight and regulations, including general policy prohibiting the (‘‘FINRA’’) rules and surveillance requirements designed to prevent market programs.14 In this regard, the Exchange manipulation and other abuses. For example, Treasury market participants and the Treasury 16 FINRA surveils certain trading activity on the market, itself, are subject to significant oversight by Exchange pursuant to a regulatory services 12 Id. a number of regulatory authorities, including the agreement. The Exchange is responsible for 13 Source: CBOE. Treasury, the Commission, federal bank regulators, FINRA’s performance under this regulatory services 14 The Exchange notes that CBOE is a member for and the Financial Industry Regulatory Authority. agreement. the Options Regulatory Surveillance Authority, The Exchange contends that the short-term 17 For a list of the current members of ISG, see which was established in 2006, to provide Treasury securities that the Fund will acquire as www.isgportal.org. The Exchange notes that not all efficiencies in looking for insider trading and serves part of its strategy are not readily susceptible to components of the Disclosed Portfolio for a Fund as a central organization to facilitate collaboration market manipulation due to the liquidity and may trade on markets that are members of ISG or in insider trading and investigations for the U.S. extensive oversight associated with the short-term with which the Exchange has in place a options exchanges. For more information, U.S. Treasury market. comprehensive surveillance sharing agreement.

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distribution of material, non-public represents that S&P 500 Index options with which the Exchange has entered information by its employees. traded on CBOE are highly liquid, with into a comprehensive surveillance average daily trading volume in 2014 of sharing agreement. In addition, as stated 2. Statutory Basis 888,089 contracts, with a notional size in the Prior Release, investors will have The basis under the Act for this per contract of $200,000.19 The ready access to information regarding proposed rule change is the requirement Exchange represents that the average the Fund’s holdings, the Intraday under section 6(b)(5) 18 that an exchange daily trading volume of at-the-money Indicative Value, and quotation and last have rules that are designed to prevent 30-day SPX Puts as of approximately sale information for the Shares. fraudulent and manipulative acts and 12:00 noon on each of the three practices, to promote just and equitable previously referenced Roll Dates. B. Self-Regulatory Organization’s principles of trade, to remove Moreover, the proceeds of the sales of Statement on Burden on Competition impediments to, and perfect the the SPX Puts will be invested in one The Exchange does not believe that mechanism of a free and open market and three-month Treasury bills, which the proposed rule change will impose and, in general, to protect investors and are also highly liquid instruments. The any burden on competition that is not the public interest. trading volume of the at-the-money SPX necessary or appropriate in furtherance The Exchange believes that the Puts as of approximately 12:00 noon on of the purpose of the Act. The proposed proposed rule change is designed to Roll Dates compares favorably with at- rule change will enhance competition prevent fraudulent and manipulative the-money (as of approximately 12:00 by permitting listing and trading of an acts and practices in that the Shares will noon) put options on other major additional type of index-based be listed and traded on the Exchange indexes on Roll Dates. Trading in the exchange-traded fund whose underlying pursuant to the initial and continued Shares and the underlying Fund index includes an options component. listing criteria in NYSE Arca Equities instruments will be subject to the Rule 5.2(j)(3). The Exchange has in federal securities laws and Exchange, C. Self-Regulatory Organization’s place surveillance procedures that are CBOE and FINRA rules and surveillance Statement on Comments on the adequate to properly monitor trading in programs. In this regard, the Exchange Proposed Rule Change Received From the Shares in all trading sessions and to has in place a surveillance program for Members, Participants or Others deter and detect violations of Exchange transactions in ETFs to ensure the No written comments were solicited rules and applicable federal securities availability of information necessary to or received with respect to the proposed laws. The Exchange represents that detect and deter potential rule change. trading in the Shares will be subject to manipulations and other trading abuses, III. Date of Effectiveness of the the existing trading surveillances, thereby making the Shares less readily Proposed Rule Change and Timing for administered by regulatory staff of the susceptible to manipulation. The Exchange or FINRA on behalf of the Exchange notes that the Fund’s portfolio Commission Action Exchange, which are designed to detect is not readily susceptible to Within 45 days of the date of violations of Exchange rules and manipulation as assets in the portfolio— publication of this notice in the Federal applicable federal securities laws. comprised primarily of short-term U.S. Register or such longer time period up FINRA, on behalf of the Exchange, or Treasury bills and SPX Puts—will be to 90 days (i) as the Commission may the regulatory staff of the Exchange, will acquired in extremely liquid and highly designate if it finds such longer period communicate as needed regarding regulated markets. to be appropriate and publishes its trading in the Shares and SPX Index The proposed rule change is designed reasons for so finding or (ii) as to which options with other markets and other to promote just and equitable principles the self-regulatory organization entities that are members of ISG, and of trade and to protect investors and the consents, the Commission will: (a) By FINRA, on behalf of the Exchange, or public interest in that trading in the order approve or disapprove such the regulatory staff of the Exchange, may Shares is subject to all requirements of proposed rule change; or (b) institute obtain trading information regarding NYSE Arca Equities Rule 5.2(j)(3). The proceedings to determine whether the trading such securities from such Index is based on CBOE-traded puts on proposed rule change should be markets and other entities. In addition, the S&P 500, which are highly liquid disapproved. the regulatory staff of the Exchange may and actively traded. The Web site for the obtain information regarding trading in Fund will include a form of the IV. Solicitation of Comments such securities from markets and other prospectus for the Fund and additional Interested persons are invited to entities that are members of ISG or with data relating to NAV and other submit written data, views, and which the Exchange has in place a applicable quantitative information. In arguments concerning the foregoing, comprehensive surveillance sharing addition, as stated in the Prior Notice, including whether the proposed rule agreement. The Exchange believes it is investors will have ready access to change is consistent with the Act. appropriate to strike from the Prior information regarding the Fund’s Comments may be submitted by any of Release the representation that the holdings, the Intraday Indicative Value, the following methods: Index will include a minimum of 20 and quotation and last sale information components and would meet the for the Shares. Electronic Comments numerical requirements of NYSE Arca The proposed rule change is designed • Use the Commission’s Internet Equities Rule 5.2(j)(3), Commentary to perfect the mechanism of a free and comment form (http://www.sec.gov/ .01(a)(A)(4), as described above. The open market and, in general, to protect rules/sro.shtml); or Exchange believes that such deletion investors and the public interest. As • Send an Email to rule-comments@ will not adversely impact investors or noted above, the Exchange has in place sec.gov. Please include File Number SR– the public interest in that the Index is surveillance procedures relating to NYSEArca–2015–113 on the subject based on CBOE-traded puts on the S&P trading in the Shares and may obtain line. 500, which are highly liquid and information via ISG from other actively traded. The Exchange exchanges that are members of ISG or Paper Comments • Send paper comments in triplicate 18 15 U.S.C. 78f(b)(5). 19 See www.CBOE.com. to Brent J. Fields, Secretary, Securities

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and Exchange Commission, 100 F Street (‘‘Act’’),1 and Rule 19b–4 thereunder,2 1. Increase fees from $0.94 to $1.10 NE., Washington, DC 20549–1090. notice is hereby given that on December per contract for all Participant categories All submissions should refer to File 1, 2015, The NASDAQ Stock Market other than Customer, which remains at Number SR–NYSEArca–2015–113. This LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed $0.85 per contract. file number should be included on the with the Securities and Exchange 2. Offer Participants that send subject line if email is used. To help the Commission (‘‘SEC’’ or ‘‘Commission’’) Professional, Firm, Non-NOM Market Commission process and review your the proposed rule change as described Maker, NOM Market Maker and/or comments more efficiently, please use in Items I, II, and III, below, which Items Broker-Dealer order flow an opportunity only one method. The Commission will have been prepared by the Exchange. to lower the Fees for Removing post all comments on the Commission’s The Commission is publishing this Liquidity in Non-Penny Pilot Options Internet Web site (http://www.sec.gov/ notice to solicit comments on the from $1.10 to $1.03 per contract rules/sro.shtml). Copies of the proposed rule change from interested provided they qualify for Customer or submission, all subsequent persons. Professional Penny Pilot 3 Options amendments, all written statements I. Self-Regulatory Organization’s Rebates to Add Liquidity Tiers 7 or 8. with respect to the proposed rule Statement of the Terms of Substance of 3. Offer Participants that send NOM change that are filed with the the Proposed Rule Change Market Maker order flow an opportunity Commission, and all written to lower the Fee for Removing Liquidity The Exchange proposes to amend the communications relating to the in Non-Penny Pilot Options from $1.10 Exchange’s transaction fees at Chapter to $1.08 per contract provided they proposed rule change between the XV, Section 2 entitled ‘‘NASDAQ qualify for Customer or Professional Commission and any person, other than Options Market—Fees and Rebates,’’ Penny Pilot Options Rebate to Add those that may be withheld from the which governs pricing for Nasdaq Liquidity Tiers 2, 3, 4, 5 or 6. public in accordance with the members using the NASDAQ Options provisions of 5 U.S.C. 552, will be Market (‘‘NOM’’), Nasdaq’s facility for 3 available for Web site viewing and executing and routing standardized The Penny Pilot was established in March 2008 printing in the Commission’s Public and has since been expanded and extended through equity and index options. June 30, 2016. See Securities Exchange Act Release Reference Room, 100 F Street NE., The text of the proposed rule change Nos. 57579 (March 28, 2008), 73 FR 18587 (April Washington, DC 20549, on official is available on the Exchange’s Web site 4, 2008) (SR–NASDAQ–2008–026) (notice of filing business days between the hours of at http://nasdaq.cchwallstreet.com, at and immediate effectiveness establishing Penny 10:00 a.m. and 3:00 p.m. Copies of the Pilot); 60874 (October 23, 2009), 74 FR 56682 the principal office of the Exchange, and (November 2, 2009)(SR–NASDAQ–2009–091) filing also will be available for at the Commission’s Public Reference (notice of filing and immediate effectiveness inspection and copying at the principal Room. expanding and extending Penny Pilot); 60965 office of the Exchange. All comments (November 9, 2009), 74 FR 59292 (November 17, received will be posted without change; II. Self-Regulatory Organization’s 2009)(SR–NASDAQ–2009–097) (notice of filing and the Commission does not edit personal Statement of the Purpose of, and immediate effectiveness adding seventy-five classes Statutory Basis for, the Proposed Rule to Penny Pilot); 61455 (February 1, 2010), 75 FR identifying information from 6239 (February 8, 2010) (SR–NASDAQ–2010–013) submissions. You should submit only Change (notice of filing and immediate effectiveness adding information that you wish to make In its filing with the Commission, the seventy-five classes to Penny Pilot); 62029 (May 4, 2010), 75 FR 25895 (May 10, 2010) (SR–NASDAQ– available publicly. All submissions Exchange included statements 2010–053) (notice of filing and immediate should refer to File Number SR– concerning the purpose of and basis for effectiveness adding seventy-five classes to Penny NYSEArca–2015–113 and should be the proposed rule change and discussed Pilot); 65969 (December 15, 2011), 76 FR 79268 submitted on or before January 11, 2016. any comments it received on the (December 21, 2011) (SR–NASDAQ–2011–169) (notice of filing and immediate effectiveness [sic] For the Commission, by the Division of proposed rule change. The text of these extension and replacement of Penny Pilot); 67325 Trading and Markets, pursuant to delegated statements may be examined at the (June 29, 2012), 77 FR 40127 (July 6, 2012) (SR– authority.20 places specified in Item IV below. The NASDAQ–2012–075) (notice of filing and Robert W. Errett, Exchange has prepared summaries, set immediate effectiveness and extension and replacement of Penny Pilot through December 31, Deputy Secretary. forth in sections A, B, and C below, of 2012); 68519 (December 21, 2012), 78 FR 136 [FR Doc. 2015–31933 Filed 12–18–15; 8:45 am] the most significant aspects of such (January 2, 2013) (SR–NASDAQ–2012–143) (notice statements. of filing and immediate effectiveness and extension BILLING CODE 8011–01–P and replacement of Penny Pilot through June 30, A. Self-Regulatory Organization’s 2013); 69787 (June 18, 2013), 78 FR 37858 (June 24, Statement of the Purpose of, and 2013) (SR–NASDAQ–2013–082) (notice of filing SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule and immediate effectiveness and extension and COMMISSION replacement of Penny Pilot through December 31, Change 2013); 71105 (December 17, 2013), 78 FR 77530 1. Purpose (December 23, 2013) (SR–NASDAQ–2013–154) [Release No. 34–76647; File No. SR– (notice of filing and immediate effectiveness and NASDAQ–2015–148] The Exchange proposes various extension and replacement of Penny Pilot through changes to the NOM transaction fees June 30, 2014); 79 FR 31151 (May 23, 2014), 79 FR Self-Regulatory Organizations; The 31151 (May 30, 2014) (SR–NASDAQ–2014–056) and rebates set forth at Chapter XV, (notice of filing and immediate effectiveness and NASDAQ Stock Market LLC; Notice of Section 2 for executing and routing extension and replacement of Penny Pilot through Filing and Immediate Effectiveness of standardized equity and index options December 31, 2014); 73686 (November 25, 2014), 79 Proposed Rule Change To Amend under the Non-Penny Pilot Options FR 71477 (December 2, 2014) (SR–NASDAQ–2014– NASDAQ Options Market—Fees and 115) (notice of filing and immediate effectiveness program, as well as other changes. and extension and replacement of Penny Pilot Rebates The proposed changes are as follows: through June 30, 2015) and 75283 (June 24, 2015), Fees for Removing Liquidity in Non- 80 FR 37347 (June 30, 2015) (SR–NASDAQ–2015– December 15, 2015. Penny Pilot Options: The Exchange 063) (notice of filing and immediate effectiveness of Pursuant to Section 19(b)(1) of the proposes to: a Proposed Rule Change Relating to Extension of Securities Exchange Act of 1934 the Exchange’s Penny Pilot Program and Replacement of Penny Pilot Issues That Have Been 1 15 U.S.C. 78s(b)(1). Delisted.) See also NOM Rules, Chapter VI, Section 20 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 5.

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Rebate to Add Liquidity in Non-Penny Broker Dealer 8 Non-Penny Pilot for Customer or Professional Penny Pilot Pilot Options: the Exchange proposes to Options Fees for Removing Liquidity Options Rebate to Add Liquidity Tiers 1. Reduce the Customer Rebate to Add from $0.94 to $1.10 per contract.9 While 7 or 8 in a month, but the additional Liquidity in Non-Penny Pilot Options the Exchange is increasing these fees, it rebate will increase from $0.01 to $0.20 from $0.84 to $0.80 per contract. will also offer Participants an per contract, above the proposed $0.80 2. Offer Participants that send opportunity to lower these fees by per contract rebate, for a total rebate of Customer order flow an opportunity to adding liquidity to NOM. Participants $1.00 per contract in a month. The increase the Non-Penny Pilot Options that qualify for the Customer or Exchange believes that, while the Non- Rebate to Add Liquidity by $0.10 per Professional Penny Pilot Options Rebate Penny Pilot Options Customer Rebate to contract by qualifying for Customer or to Add Liquidity Tier 7 or 8 in a month Add Liquidity is being decreased, the Professional Penny Pilot Options Rebate will be assessed a lower Non-Penny opportunity to earn a higher rebate by to Add Liquidity Tiers 2, 3, 4, 5 or 6 in Pilot Options Fee for Removing adding liquidity will incentivize a month for a total rebate of $.90 per Liquidity of $1.03 per contract, reduced Participants to select NOM as a venue contract. from $1.10 per contract, for each and in turn benefit other market 3. Offer Participants that send transaction which removes liquidity in participants with the opportunity to Customer order flow an opportunity to Non-Penny Pilot Options in a month. interact with such liquidity. increase the Non-Penny Pilot Options Participants that add NOM Market Note ‘‘c’’ and Note ‘‘1’’ of Chapter XV, Rebate to Add Liquidity by qualifying Maker Liquidity may also reduce the Section 2(1) for Customer or Professional Penny Pilot Non-Penny Pilot Options Fee for Options Rebate to Add Liquidity Tiers Removing Liquidity from $1.10 to $1.08 The Exchange proposes to amend 7 or 8 in a month, by increasing the per contract for each transaction which current note ‘‘c’’ which permits current additional rebate from $0.01 to removes liquidity in Non-Penny Pilot Participants that qualify for the Tier 8 $0.20 per contract, in addition to the Options in a month, if they qualify for Customer and Professional Penny Pilot proposed $0.80 per contract Customer Customer or Professional Penny Pilot Options Rebate to Add Liquidity 10 to rebate for a total rebate of $1.00 per Options Rebate to Add Liquidity Tiers achieve a higher rebate. Currently, note contract. 2, 3, 4, 5 or 6. The Exchange believes ‘‘c’’ states: ‘‘[P]articipants that (1) add Note ‘‘c’’ and note ‘‘1’’ of Chapter XV, that while the Non-Penny Pilot Options Customer, Professional, Firm, Non-NOM Section 2(1): Fees for Removing Liquidity are being Market Maker and/or Broker-Dealer 1. Amend note ‘‘c’’ criteria (3)(a) to increased, the opportunity to earn a liquidity in Penny Pilot Options and/or decrease the percentage of total industry discounted fee by providing liquidity Non- Penny Pilot Options of 1.15% or customer equity and ETF option ADV will incentivize Participants to select more of total industry customer equity contract per day in a month from 0.85% NOM as a venue and in turn benefit and ETF option ADV contracts per day to 0.75%. other market participants with the in a month will receive an additional 2. Amend note ‘‘c’’ criteria 3(b) to opportunity to interact with such $0.02 per contract Penny Pilot Options increase the amount of Consolidated liquidity. Customer Rebate to Add Liquidity for Volume by increasing the percentage each transaction which adds liquidity in from 1.00% to 1.10% or more of Rebate To Add Liquidity in Non-Penny Penny Pilot Options in that month; or Consolidated Volume in a month. Pilot Options (2) add Customer, Professional, Firm, 3. Conform the language in the rule The Exchange proposes, beginning Non-NOM Market Maker and/or Broker- text in note ‘‘1’’ and note ‘‘c.’’ December 1, 2015, to decrease the Non- Dealer liquidity in Penny Pilot Options Each specific change is described in Penny Pilot Options Customer Rebate to and/or Non-Penny Pilot Options of greater detail below. Add Liquidity from $0.84 to $0.80 per 1.40% or more of total industry Fees for Removing Liquidity in Non- contract. While the Exchange is customer equity and ETF option ADV Penny Pilot Options decreasing this Customer rebate, it will contracts per day in a month will The Exchange proposes, beginning also offer Participants an opportunity to receive an additional $0.05 per contract December 1, 2015, to increase the obtain a higher rebate by adding Penny Pilot Options Customer Rebate to Professional,4 Firm,5 Non-NOM Market liquidity to NOM. Participants that send Add Liquidity for each transaction Maker,6 NOM Market Maker 7 and Customer order flow will have an which adds liquidity in Penny Pilot opportunity to earn an additional Non- Options in that month; or (3) (a) add 4 The term ‘‘Professional’’ means any person or Penny Pilot Options Rebate to Add Customer, Professional, Firm, Non-NOM entity that (i) is not a broker or dealer in securities, Liquidity of $0.10 per contract, in Market Maker and/or Broker-Dealer and (ii) places more than 390 orders in listed addition to the proposed $0.80 per liquidity in Penny Pilot Options and/or options per day on average during a calendar month contract rebate, for a total rebate of Non-Penny Pilot Options above 0.85% for its own beneficial account(s) pursuant to Chapter I, Section 1(a)(48). All Professional orders $0.90 per contract, by qualifying for of total industry customer equity and shall be appropriately marked by Participants. Customer or Professional Penny Pilot ETF option ADV contracts per day in a 5 The term ‘‘Firm’’ or (‘‘F’’) applies to any Options Rebate to Add Liquidity Tiers transaction that is identified by a Participant for 2, 3, 4, 5 or 6 in a month. Also 10 Tier 8 of the Customer and Professional Rebate clearing in the Firm range at OCC. Participants that send Customer order to Add Liquidity Tiers pays a $0.48 per contract 6 The term ‘‘Non-NOM Market Maker’’ or (‘‘O’’) is rebate to Participants that add Customer, a registered market maker on another options flow will continue to be offered an Professional, Firm, Non-NOM Market Maker and/or exchange that is not a NOM Market Maker. A Non- opportunity to earn an increased Broker-Dealer liquidity in Penny Pilot Options and/ NOM Market Maker must append the proper Non- additional Non-Penny Pilot Options or Non-Penny Pilot Options above 0.75% or more NOM Market Maker designation to orders routed to Rebate to Add Liquidity by qualifying of total industry customer equity and ETF option NOM. ADV contracts per day in a month or Participants 7 The term ‘‘NOM Market Maker’’ or (‘‘M’’) is a that add (1) Customer and/or Professional liquidity Participant that has registered as a Market Maker on 8 The term ‘‘Broker-Dealer’’ or (‘‘B’’) applies to in Penny Pilot Options and/or Non-Penny Pilot NOM pursuant to Chapter VII, Section 2, and must any transaction which is not subject to any of the Options of 30,000 or more contracts per day in a also remain in good standing pursuant to Chapter other transaction fees applicable within a particular month, (2) the Participant has certified for the VII, Section 4. In order to receive NOM Market category. Investor Support Program set forth in Rule 7014, Maker pricing in all securities, the Participant must 9 The Customer Non-Penny Pilot Options Fee for and (3) the Participant qualifies for rebates under be registered as a NOM Market Maker in at least one Removing Liquidity will remain at $0.85 per the Qualified Market Maker (‘‘QMM’’) Program set security. contract. forth in Rule 7014.

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month and (b) has added liquidity in all of reasonable dues, fees and other which benefits all market participants. securities through one or more of its charges among members and issuers and Further, the Exchange believes the Nasdaq Market Center MPIDs that other persons using any facility or proposed fees for removing liquidity are represent 1.00% or more of system which Nasdaq operates or consistent with fees assessed by other Consolidated Volume in a month will controls, and is not designed to permit options exchanges.16 Also, the Exchange receive an additional $0.03 per contract unfair discrimination between believes that encouraging Participants to Penny Pilot Options Customer Rebate to customers, issuers, brokers, or dealers. add Professional liquidity creates Add Liquidity for each transaction Fees for Removing Liquidity in Non- competition among options exchanges which adds liquidity in Penny Pilot Penny Pilot Options because the Exchange believes that the Options.’’ 11 rebates may cause market participants to First, the Exchange proposes to The Exchange’s proposal to increase select NOM as a venue to send amend note ‘‘c’’ to amend criteria (3)(a) the Professional, Firm, Non-NOM Professional order flow. to decrease the percentage of total Market Maker, NOM Market Maker and The Exchange’s proposal to increase industry customer equity and ETF Broker Dealer Non-Penny Pilot Options the Professional, Firm, Non-NOM option ADV contract per day in a month Fees for Removing Liquidity from $0.94 Market Maker, NOM Market Maker and from 0.85% to 0.75%. The Exchange to $1.10 per contract is reasonable, Broker Dealer Non-Penny Pilot Options believes that this decrease will offer because these fees serve to offset the Fees for Removing Liquidity from $0.94 Participants an opportunity to qualify Exchange’s incentives to increase the to $1.10 per contract is equitable and for this incentive by amending the Non-Penny Pilot Options Customer not unfairly discriminatory, because all qualification to require less volume. rebate up to $1.00 per contract. The Participants, other than Customers, are Second, the Exchange proposes to Exchange is amending the Non-Penny being assessed the same Non-Penny amend criteria 3(b) to increase the Pilot Options Rebate to Add Liquidity to Pilot Options Fees for Removing amount of Consolidated Volume by pay a proposed decreased rebate of Liquidity. Customer order flow, unlike increasing the percentage from 1.00% to $0.80 per contract, but with an other order flow, enhances liquidity on 1.10% or more of Consolidated Volume opportunity to earn a higher rebate of the Exchange for the benefit of all in a month to achieve the additional $0.90 per contract or $1.00 per contract, market participants and benefits all $0.03 per contract Penny Pilot Options depending on the Participant’s market participants by providing more Customer Rebate to Add Liquidity for qualifications for Customer or trading opportunities, which attracts each transaction which adds liquidity in Professional Rebates to Add Liquidity in market makers. Customers continue to Penny Pilot Options. The Exchange Penny Pilot Options. While this note be assessed the lowest Non-Penny Pilot seeks to encourage Participants to send 3(b) incentive requirement is being Options Fee for Removing Liquidity of more Customer or Professional Order increased, the other requirement in note $0.85 per contract. flow to obtain an even higher Customer 3(a) is being lowered. The Exchange The Exchange’s proposal to offer rebate than is offered today.14 The believes that this incentive will Participants an opportunity to reduce Exchange believes that this benefits the continue to encourage Participants to the Professional, Firm, Non-NOM Exchange in two ways: (1) The add even more liquidity on NOM to Market Maker, NOM Market Maker and Exchange is encouraging Participants to earn a higher rebate. The Exchange is Broker Dealer Non-Penny Pilot Options qualify for Customer or Professional not amending the other criteria, (1) and Fees for Removing Liquidity from $1.10 Penny Pilot Options rebate tiers, which (2), in note ‘‘c’’ to qualify for the to $1.03 per contract is reasonable, additional rebate. Also, note ‘‘c’’ is requires Participants to send Penny and/ because the Exchange believes that being amended to add the phrase ‘‘in a or Non-Penny Pilot Options order flow offering Participants an opportunity to month’’ for additional clarity. to the Exchange; and (2) the Exchange Finally, the Exchange proposes to is incentivizing Participants to transact reduce fees by qualifying for Customer conform the language in the rule text in more Customer Non-Penny Pilot or Professional Rebates to Add Liquidity note ‘‘1’’ of Chapter XV, Section 2(1) by Options on NOM. Additional order flow in Penny Pilot Options Tiers 7 or 8 will rewording the rule text for consistency benefits all market participants, because benefit all Participants from the and also referring to ‘‘a month’’ instead they are afforded an opportunity to increased liquidity such rebate tiers will of a ‘‘given month.’’ interact with the increased order flow. attract to the Exchange, while reducing Customer order flow enhances liquidity fees. 2. Statutory Basis on the Exchange for the benefit of all The Exchange’s proposal to offer Nasdaq believes that the proposed market participants and benefits all Participants an opportunity to reduce rule change is consistent with the market participants by providing more the Professional, Firm, Non-NOM provisions of Section 6 of the Act,12 in trading opportunities, which attracts Market Maker, NOM Market Maker and general, and with Section 6(b)(4) and market makers.15 An increase in the Broker Dealer Non-Penny Pilot Options 6(b)(5) of the Act,13 in particular, in that activity of these market participants in Fees for Removing Liquidity from $1.10 it provides for the equitable allocation turn facilitates tighter spreads, which to $1.03 per contract is equitable and may cause an additional corresponding not unfairly discriminatory, because all 11 Consolidated Volume means the total increase in order flow from other market non-Customer Participants may qualify consolidated volume reported to all consolidated participants. Customers will continue to for this fee discount. Customers pay a transaction reporting plans by all exchanges and lower fee of $0.85 per contract, because trade reporting facilities during a month in equity be assessed an $0.85 per contract Non- securities, excluding executed orders with a size of Penny Pilot Options Fee for Removing Customer order flow enhances liquidity less than one round lot. For purposes of calculating Liquidity, because Customer liquidity on the Exchange for the benefit of all Consolidated Volume and the extent of an equity market participants and benefits all member’s trading activity, expressed as a offers unique benefits to the market percentage of or ratio to Consolidated Volume, the market participants by providing more date of the annual reconstitution of the Russell 14 Today, the Customer Rebate to Add Liquidity Investments Indexes shall be excluded from both in Non-Penny Pilot Options is $0.84 per contract. 16 Today, BOX Options Exchange LLC assesses a total Consolidated Volume and the member’s 15 Customers continue to be assessed the lowest $1.07 Non-Penny Pilot take fee to Professional trading activity. Non-Penny Pilot Options Fee for Removing Customers and Broker-Dealers when removing 12 15 U.S.C. 78f. Liquidity of $0.85 per contract. This fee is not being customer liquidity. See BOX Options Exchange Fee 13 15 U.S.C. 78f(b)(4) and (5). amended with this proposal. Schedule.

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trading opportunities, which attracts providing more trading opportunities, 2, 3, 4, 5 or 6 is reasonable, because the market makers. which attracts market makers. Exchange will increase the $0.80 per The Exchange’s proposal to offer contract rebate, thereby encouraging Rebate To Add Liquidity in Non-Penny Participants that send NOM Market Participants to send more Customer or Pilot Options Maker order flow an opportunity to Professional Penny and/or Non-Penny reduce the Non-Penny Pilot Options Fee The Exchange’s proposal to decrease Pilot Options order flow to the for Removing Liquidity from $1.10 to the Non-Penny Pilot Options Customer Exchange. This rebate incentive also $1.08 per contract is reasonable, because Rebate to Add Liquidity from $0.84 to incentivizes Participants to transact the Exchange seeks to encourage $0.80 per contract is reasonable, because more Customer Non-Penny Pilot Participants to send more Penny and/or although the rebate is being decreased Options on NOM. Non-Penny Pilot Options order flow to by $0.04 per contract, the Exchange is The Exchange’s proposal to offer NOM to obtain the discount. Offering to also offering Participants an opportunity Participants that send Customer order reduce NOM Market Maker fees for to earn a higher rebate by sending flow an opportunity to increase the Participants that qualify for the lower Customer or Professional order flow to proposed lower Customer Non-Penny Customer or Professional Penny Pilot NOM. The Exchange proposes to offer Pilot Options Rebate to Add Liquidity Options Tiers 2, 3, 4, 5 or 6, as well as Participants the opportunity to increase from $0.80 to $0.90 per contract, the higher Tiers 7 and 8,17 should the Non-Penny Pilot Options Customer provided the Participant qualifies for encourage Participants to send Rebate to Add Liquidity to either $0.90 Customer or Professional Penny Pilot additional order flow to NOM to obtain or $1.00 per contract, depending on the Options Rebate to Add Liquidity Tiers a lower fee. Participant’s qualifications for Customer 2, 3, 4, 5 or 6 is equitable and not The Exchange’s proposal to offer or Professional Rebates to Add Liquidity unfairly discriminatory, because Participants that send NOM Market in Penny Pilot Options. Today, only Customer order flow, unlike other order Maker order flow an opportunity to Customers are entitled to receive a Non- flow, brings unique benefits to the reduce the Non-Penny Pilot Options Fee Penny Pilot Options Customer Rebate to market through increased liquidity for Removing Liquidity from $1.10 to Add Liquidity of $0.84 per contract. The which benefits all market participants. $1.08 per contract is equitable and not Exchange will continue to offer Customers will continue to be offered a unfairly discriminatory, because NOM Participants the opportunity to receive a rebate, unlike other market participants. Market Makers, unlike other market rebate for Customer orders, albeit a The Exchange’s proposal to offer participants, add value through reduced rebate. Also, by offering an Participants that send Customer order continuous quoting 18 and the opportunity to earn a higher Customer flow an opportunity to increase the commitment of capital. Further, rebate through the addition of certain proposed lower Customer Non-Penny encouraging NOM Market Makers to add order flow to NOM, the Exchange seeks Pilot Options Rebate to Add Liquidity greater liquidity benefits all Participants to encourage Participants to send more from $0.80 to $1.00 per contract, in the quality of order interaction. The Customer or Professional Order flow, provided the Participant qualifies for Exchange believes that it is equitable which benefits all market participants Customer or Professional Penny Pilot and not unfairly discriminatory to only because they are afforded an Options Rebate to Add Liquidity Tiers offer NOM Market Makers the opportunity to interact with the 7 or 8 is reasonable, because the opportunity to earn a discounted fee for increased order flow. Customer liquidity Exchange will increase the $0.80 per qualifying for the lower Customer or offers unique benefits to the market contract rebate, thereby encouraging Professional Penny Pilot Options Tiers which benefits all market participants. Participants to send more Customer or 2, 3, 4, 5 or 6 because of the obligations Also, the Exchange believes that Professional Penny and/or Non-Penny borne by these market participants. encouraging Participants to add Pilot Options order flow to the Also, today Customers pay a lower fee Professional liquidity creates Exchange. This rebate incentive also of $0.85 per contract, as compared to competition among options exchanges, incentivizes Participants to transact NOM Market Makers. The Exchange because the Exchange believes that the more Customer Non-Penny Pilot believes it is equitable and not unfairly rebates may cause market participants to Options on NOM. discriminatory to assess Customers a select NOM as a venue to send The Exchange’s proposal to offer lower fee, because Customer order flow Professional order flow. Participants that send Customer order enhances liquidity on the Exchange for The Exchange’s proposal to decrease flow an opportunity to increase the the benefit of all market participants the Non-Penny Pilot Options Customer proposed lower Customer Non-Penny and benefits all market participants by Rebate to Add Liquidity from $0.84 to Pilot Options Rebate to Add Liquidity $0.80 per contract is equitable and not from $0.80 to $1.00 per contract, 17 Participants may qualify for the reduction of unfairly discriminatory, because, today, provided the Participant qualifies for the Non-Penny Pilot Options Fee for Removing only Customers are entitled to such a Customer or Professional Penny Pilot Liquidity from $1.10 to $1.03 per contract for all non-Customer order flow, provided the Participant rebate, because Customer order flow Options Tiers 7 or 8 is equitable and not qualifies for Tiers 2, 3, 4, 5 or 6 [sic] of the brings unique benefits to the market unfairly discriminatory, because Customer or Professional Penny Pilot Option Rebate through increased liquidity which Customer order flow, unlike other order to Add Liquidity. benefits all market participants. flow, brings unique benefits to the 18 Pursuant to Chapter VII (Market Participants), Customers will continue to be offered a Section 5 (Obligations of Market Makers), in market through increased liquidity registering as a market maker, an Options rebate, unlike other market participants. which benefits all market participants. Participant commits himself to various obligations. The Exchange’s proposal to offer Customers will continue to be offered a Transactions of a Market Maker in its market Participants that send Customer order rebate, unlike other market participants. making capacity must constitute a course of flow an opportunity to increase the dealings reasonably calculated to contribute to the Note ‘‘c’’ and Note ‘‘1’’ of Chapter XV, maintenance of a fair and orderly market, and proposed lower Customer Non-Penny Market Makers should not make bids or offers or Pilot Options Rebate to Add Liquidity Section 2(1) enter into transactions that are inconsistent with from $0.80 to $0.90 per contract, The Exchange’s proposal to amend such course of dealings. Further, all Market Makers provided the Participant qualifies for one of the three criteria in note ‘‘c’’ to are designated as specialists on NOM for all purposes under the Act or rules thereunder. See Customer or Professional Penny Pilot earn a higher rebate for Participants that Chapter VII, Section 5. Options Rebate to Add Liquidity Tiers qualify for the Tier 8 Customer and

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Professional Penny Pilot Options Rebate may still qualify for the Tier 8 these amendments will bring to Add Liquidity is reasonable because additional rebate by qualifying pursuant consistency to the rule text. the opportunity to earn a higher rebate to note ‘‘c’’ prongs (1) or (2) as well. The B. Self-Regulatory Organization’s 19 Exchange believes that this incentive of $0.51 per contract, provided the Statement on Burden on Competition qualifications are met, will continue to will continue to encourage Participants incentivize Participants to transact an to add even more liquidity on NOM to The Exchange does not believe that even greater number of qualifying earn a higher rebate. Finally, this the proposed rule change will impose Customer and/or Professional volume, participation benefits the Nasdaq any inter-market burden on competition which liquidity will benefit other Market Center as well as the NOM not necessary or appropriate in market participants by providing them market by incentivizing order flow to furtherance of the purposes of the Act. the opportunity to interact with that these markets. Because cash equities The Exchange operates in a highly liquidity. The Exchange’s proposal to and options markets are linked, with competitive market in which many offer Participants an opportunity to liquidity and trading patterns on one sophisticated and knowledgeable obtain a higher Tier 8 rebate of $0.51 per market affecting those on the other, the market participants can readily and do contract, provided they qualify for the Exchange believes that pricing send order flow to competing exchanges Tier 8 rebate criteria, which includes incentives that encourage market if they deem fee levels or rebate the addition of options and equity participant activity in NOM also incentives at a particular exchange to be volume, is reasonable because the support price discovery and liquidity excessive or inadequate. Additionally, Exchange is encouraging market provision in the Nasdaq Market Center. new competitors have entered the market and still others are reportedly participants to send order flow to both The Exchange’s proposal to amend entering the market shortly. These the options and equity markets to one of the three criteria in note ‘‘c’’ to market forces ensure that the Exchange’s receive the rebate. Incentivizing earn a higher rebate for Participants that fees and rebates remain competitive Participants to add options liquidity qualify for the Tier 8 Customer and with the fee structures at other trading through the payment of an additional Professional Penny Pilot Options Rebate platforms. In that sense, the Exchange’s rebate is not novel and exists today. The to Add Liquidity is equitable and not proposal is actually pro-competitive concept of participating in the equities unfairly discriminatory, because all because the Exchange is simply market as a means to qualify for an Participants may qualify for the Tier 8 responding to competition by adjusting options rebate also exists today. The rebate and the additional incentive. rebates and fees in order to remain Exchange’s proposal would amend one Qualifying Participants will be competitive in the current environment. of three qualifications that Participants uniformly paid the rebate provided the may qualify for in order to obtain an requirements are met in a month. The Fees for Removing Liquidity in Non- increased Tier 8 rebate. Exchange believes that the proposal to Penny Pilot Options Specifically, the Exchange believes amend the criteria in 3(a) to decrease The Exchange’s proposal to increase that the proposal to amend the criteria the percentage of total industry the Professional, Firm, Non-NOM in 3(a) to decrease the percentage of customer equity and ETF option ADV Market Maker, NOM Market Maker and total industry customer equity and ETF contract per day in a month from 0.85% Broker Dealer Non-Penny Pilot Options option ADV contract per day in a month to 0.75% to achieve the additional $0.03 Fees for Removing Liquidity from $0.94 from 0.85% to 0.75% to achieve the per contract Penny Pilot Options to $1.10 per contract does not impose an additional $0.03 per contract Penny Customer Rebate to Add Liquidity is undue burden on intra-market Pilot Options Customer Rebate to Add equitable and not unfairly competition, because all Participants, Liquidity is reasonable, because the discriminatory, because the other than Customers, are being decrease may offer Participants an qualification will apply uniformly to all assessed the same Non-Penny Pilot opportunity to qualify for this incentive, Participants. Similarly, the Exchange Options Fees for Removing Liquidity. which would require less volume. The also believes that the proposal to amend Also, Participants have an opportunity amended incentive has the potential to the criteria in 3(b) to increase the to reduce the Professional, Firm, Non- make the applicable higher rebate amount of Consolidated Volume by NOM Market Maker, NOM Market available to a wider range of market increasing the percentage from 1.00% to Maker and Broker Dealer Non-Penny participants. The Exchange also believes 1.10% or more of Consolidated Volume, Pilot Options Fees for Removing that the proposal to amend the criteria in a month, to obtain the additional Liquidity from $1.10 to $1.03 per in 3(b) to increase the amount of $0.03 per contract Penny Pilot Options contract. All Participants may qualify Consolidated Volume by increasing the Customer Rebate to Add Liquidity is for Tiers 7 or 8 of the Customer or percentage from 1.00% to 1.10% or equitable and not unfairly Professional Rebates to Add Liquidity in more of Consolidated Volume, in a discriminatory, because the Penny Pilot Options. All Participants month, to obtain the additional $0.03 qualification will apply uniformly to all benefit from the increased liquidity per contract Penny Pilot Options Participants. All Participants would such rebate tiers will attract to the Customer Rebate to Add Liquidity is continue to be required to qualify for Exchange. Finally, Customers will reasonable because, despite the both 3(a) and 3(b) to achieve the continue to be assessed the lowest Non- increase, the other requirement to obtain additional Tier 8 rebate pursuant to the Penny Pilot Options Fees for Removing the rebate in note 3(a) is being lowered. third prong in note ‘‘c.’’ Liquidity of $0.85 per contract, as is the Both the 3(a) and 3(b) requirements The Exchange’s proposal to conform case today because Customer order flow, must be met in order to qualify for the the language in the rule text in note ‘‘1’’ unlike other order flow, brings unique additional Tier 8 rebate pursuant to the of Chapter XV, Section 2(1) by benefits to the market through increased third prong in note ‘‘c.’’ Participants rewording the rule text and also liquidity which benefits all market referring to ‘‘a month’’ instead of a participants. 19 Tier 8 of the Customer and Professional Penny ‘‘given month’’ and the proposal to The Exchange’s proposal to offer Pilot Options Rebate to Add Liquidity pays a $0.48 amend note ‘‘c’’ to add the phrase ‘‘in Participants an opportunity to reduce per contract rebate and note ‘‘c’’ prong 3 pays an additional $0.03 per contract incentive for a total a month’’ is reasonable, equitable and the Professional, Firm, Non-NOM rebate of $0.51 per contract. not unfairly discriminatory, because Market Maker, NOM Market Maker and

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Broker Dealer Non-Penny Pilot Options Note ‘‘c’’ and Note ‘‘1’’ of Chapter XV, furtherance of the purposes of the Act. Fees for Removing Liquidity from $1.10 Section 2(1) If the Commission takes such action, the to $1.03 per contract does not impose an The Exchange’s proposal to amend Commission shall institute proceedings undue burden on intra-market note ‘‘c’’ to continue to earn a $0.03 per to determine whether the proposed rule competition, because all Participants contract higher rebate for Participants should be approved or disapproved. may qualify for the Tier 7 or 8 Customer that qualify for the Tier 8 Customer and IV. Solicitation of Comments or Professional Rebates to Add Liquidity Professional Penny Pilot Options Rebate in Penny Pilot Options. to Add Liquidity does not impose an Interested persons are invited to submit written data, views, and The Exchange’s proposal to offer undue burden on intra-market arguments concerning the foregoing, Participants an opportunity to reduce competition, because all Participants including whether the proposed rule the NOM Market Maker Non-Penny may qualify for Tier 8 as well as the additional incentive. Also, all qualifying change is consistent with the Act. Pilot Options Fees for Removing Participants will be uniformly paid the Comments may be submitted by any of Liquidity from $1.10 to $1.08 per rebate provided the requirements are the following methods: contract does not impose an undue met in a month. Electronic Comments burden on intra-market competition, The Exchange believes that the because NOM Market Makers, unlike proposal to amend the criteria in 3(a) to • Use the Commission’s Internet other market participants, add value decrease the percentage of total industry comment form (http://www.sec.gov/ through continuous quoting 20 and the customer equity and ETF option ADV rules/sro.shtml); or commitment of capital. Also, today contract per day in a month from 0.85% • Send an email to rule-comments@ Customers are assessed a lower fee of to 0.75% and the proposal to amend the sec.gov. Please include File Number SR– $0.85 per contract because Customer criteria in 3(b) to increase the amount of NASDAQ–2015–148 on the subject line. order flow, unlike other order flow, Consolidated Volume by increasing the brings unique benefits to the market percentage from 1.00% to 1.10% or Paper Comments more of Consolidated Volume in a through increased liquidity which • Send paper comments in triplicate benefits all market participants. month to achieve the additional $0.03 per contract Penny Pilot Options to Brent J. Fields, Secretary, Securities Rebate To Add Liquidity in Non-Penny Customer Rebate to Add Liquidity does and Exchange Commission, 100 F Street Pilot Options not impose an undue burden on intra- NE., Washington, DC 20549–1090. market competition, because the All submissions should refer to File The Exchange’s proposal to decrease qualification will apply uniformly to all Number SR–NASDAQ–2015–148. This the Non-Penny Pilot Options Customer Participants. All Participants would file number should be included on the Rebate to Add Liquidity from $0.84 to continue to be required to qualify for subject line if email is used. To help the $0.80 per contract does not impose an both 3(a) and 3(b) to achieve the Commission process and review your undue burden on intra-market additional Tier 8 rebate pursuant to the comments more efficiently, please use competition, because the Exchange third prong in note ‘‘c.’’ only one method. The Commission will continues to incentivize market The Exchange’s proposal to conform post all comments on the Commission’s participants by offering rebates to the language in the rule text in note ‘‘1’’ Internet Web site (http://www.sec.gov/ encourage Participants to send by rewording the rule text and also rules/sro.shtml). Copies of the Customer order flow to the Exchange. referring to ‘‘a month’’ instead of a submission, all subsequent This order flow benefits all market ‘‘given month’’ and amending note ‘‘c’’ amendments, all written statements participants because they are afforded to add the phrase ‘‘in a month’’ does not with respect to the proposed rule an opportunity to interact with the create an undue burden on intra-market change that are filed with the increased order flow. Customer liquidity competition because the amendments Commission, and all written offers unique benefits to the market are non-substantive in nature. communications relating to the which benefits all market participants. C. Self-Regulatory Organization’s proposed rule change between the The Exchange continues to offer Statement on Comments on the Commission and any person, other than Customers this rebate, which is not Proposed Rule Change Received From those that may be withheld from the offered to other market participants. Members, Participants, or Others public in accordance with the provisions of 5 U.S.C. 552, will be No written comments were either The Exchange’s proposal to offer available for Web site viewing and solicited or received. Participants an opportunity to increase printing in the Commission’s Public the proposed lower Non-Penny Pilot III. Date of Effectiveness of the Reference Room, 100 F Street NE., Options Customer Rebate to Add Proposed Rule Change and Timing for Washington, DC 20549, on official Liquidity from $0.80 to $0.90 per Commission Action business days between the hours of contract or from $0.80 to $1.00 per The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the contract does not impose an undue effective pursuant to Section filing also will be available for burden on intra-market competition, 19(b)(3)(A)(ii) of the Act.21 inspection and copying at the principal because the Exchange believes that At any time within 60 days of the office of the Exchange. All comments Customers are entitled to higher rebates filing of the proposed rule change, the received will be posted without change; because Customer order flow brings Commission summarily may the Commission does not edit personal unique benefits to the market through temporarily suspend such rule change if identifying information from increased liquidity, which benefits all it appears to the Commission that such submissions. You should submit only market participants. Also, the incentive action is: (i) Necessary or appropriate in information that you wish to make encourages Participants to send the public interest; (ii) for the protection available publicly. All submissions additional order flow to NOM. of investors; or (iii) otherwise in should refer to File Number SR– NASDAQ–2015–148 and should be 20 See supra note 18. 21 15 U.S.C. 78s(b)(3)(A)(ii). submitted on or before January 11, 2016.

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For the Commission, by the Division of proposed rule change. The text of these to reflect the Parent’s recent name Trading and Markets, pursuant to delegated statements may be examined at the change to Nasdaq, Inc. The Exchange authority.22 places specified in Item IV below. The believes that the changes will protect Robert W. Errett, Exchange has prepared summaries, set investors and the public interest by Deputy Secretary. forth in sections A, B, and C below, of eliminating confusion that may exist [FR Doc. 2015–31934 Filed 12–18–15; 8:45 am] the most significant aspects of such because of differences between its BILLING CODE 8011–01–P statements. corporate name and the current global A. Self-Regulatory Organization’s branding of the Parent and its affiliated Statement of the Purpose of, and entities, including the Exchange. SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule COMMISSION B. Self-Regulatory Organization’s Change Statement on Burden on Competition [Release No. 34–76656; File No. SR–BX– 2015–080] 1. Purpose Because the proposed rule change As part of an ongoing global relates to the governance and not to the Self-Regulatory Organizations; rebranding initiative, the Exchange’s operations of the Exchange, the NASDAQ OMX BX, Inc.; Notice of Filing parent company and sole stockholder Exchange does not believe that the and Immediate Effectiveness of (the ‘‘Parent’’) recently changed its legal proposed rule change will impose any Proposed Rule Change To Amend the name from The NASDAQ OMX Group, burden on competition not necessary or Exchange’s Certificate of Incorporation Inc. to Nasdaq, Inc.3 For purposes of appropriate in furtherance of the and By-Laws consistency, the Parent also has decided purposes of the Act. to change the legal names of certain of C. Self-Regulatory Organization’s December 15, 2015. its subsidiaries to eliminate references Pursuant to Section 19(b)(1) of the Statement on Comments on the to OMX. The Exchange therefore Proposed Rule Change Received From Securities Exchange Act of 1934 proposes to amend its Charter and By- 1 2 Members, Participants, or Others (‘‘Act’’), and Rule 19b–4 thereunder, Laws to change its legal name from notice is hereby given that on December NASDAQ OMX BX, Inc. to NASDAQ No written comments were either 9, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’ BX, Inc. solicited or received. or ‘‘Exchange’’) filed with the Securities Specifically, the Exchange proposes to and Exchange Commission (‘‘SEC’’ or file a Certificate of Amendment to its III. Date of Effectiveness of the ‘‘Commission’’) the proposed rule Charter with the Secretary of State of the Proposed Rule Change and Timing for change as described in Items I, II, and State of Delaware to amend Article First Commission Action III, below, which Items have been of the Charter to reflect the new name.4 Because the foregoing proposed rule prepared by the Exchange. The In addition, the Exchange proposes to change does not: (i) Significantly affect Commission is publishing this notice to amend the title and Article I(l) of the the protection of investors or the public solicit comments on the proposed rule By-Laws to reflect the new name. The interest; (ii) impose any significant change from interested persons. Exchange also proposes to amend burden on competition; and (iii) become I. Self-Regulatory Organization’s Section 9.4(c) of the By-Laws to reflect operative for 30 days from the date on Statement of the Terms of the Substance the Parent’s name change, which which it was filed, or such shorter time of the Proposed Rule Change became effective on September 8, 2015. as the Commission may designate, it has become effective pursuant to Section The Exchange is filing this proposed 2. Statutory Basis 19(b)(3)(A)(iii) of the Act 7 and rule change with respect to amendments The Exchange believes that its subparagraph (f)(6) of Rule 19b–4 of its Certificate of Incorporation (the proposal is consistent with Section 6(b) thereunder.8 ‘‘Charter’’) and By-Laws (the ‘‘By- 5 of the Act, in general, and furthers the At any time within 60 days of the Laws’’) to change its name to NASDAQ 6 objectives of Section 6(b)(5) of the Act, filing of the proposed rule change, the BX, Inc. The proposed amendments will in particular, in that it is designed to be implemented on a date designated by Commission summarily may promote just and equitable principles of temporarily suspend such rule change if the Exchange, which shall be at least 30 trade, to remove impediments to and days from the date of this filing. The it appears to the Commission that such perfect the mechanism of a free and action is: (i) Necessary or appropriate in text of the proposed rule change is open market and a national market available on the Exchange’s Web site at the public interest; (ii) for the protection system, and, in general to protect of investors; or (iii) otherwise in http://nasdaqomxbx.cchwallstreet.com, investors and the public interest. The at the principal office of the Exchange, furtherance of the purposes of the Act. Exchange is proposing amendments to If the Commission takes such action, the and at the Commission’s Public its Charter and By-Laws to effectuate its Reference Room. Commission shall institute proceedings name change to NASDAQ BX, Inc. and to determine whether the proposed rule II. Self-Regulatory Organization’s 3 should be approved or disapproved. Statement of the Purpose of, and See Securities Exchange Act Release No. 75421 (July 10, 2015), 80 FR 42136 (July 16, 2015) (SR– IV. Solicitation of Comments Statutory Basis for, the Proposed Rule BSECC–2015–001, SR–BX–2015–030, SR– Change NASDAQ–2015–058, SR–Phlx–2015–46, SR–SCCP– Interested persons are invited to 2015–01). submit written data, views, and In its filing with the Commission, the 4 On the Exchange’s Web site (http:// Exchange included statements nasdaqomxbx.cchwallstreet.com), the Certificate of arguments concerning the foregoing, concerning the purpose of and basis for Amendment and Certificate of Incorporation will including whether the proposed rule the proposed rule change and discussed appear as two separate documents (in addition to change is consistent with the Act. the prior Certificate of Amendment, dated Comments may be submitted by any of any comments it received on the December 30, 2008), which is consistent with how they will appear in the records of the Secretary of the following methods: 22 17 CFR 200.30–3(a)(12). State of the State of Delaware. 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78f(b). 7 15 U.S.C. 78s(b)(3)(A)(iii). 2 17 CFR 240.19b–4. 6 15 U.S.C. 78f(b)(5). 8 17 CFR 240.19b–4(f)(6).

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Electronic Comments SECURITIES AND EXCHANGE The Exchange has prepared summaries, set forth in sections A, B, and C below, • COMMISSION Use the Commission’s Internet of the most significant parts of such [Release No. 34–76655; File No. SR– comment form (http://www.sec.gov/ statements. rules/sro.shtml); or NYSEMKT–2015–103] • A. Self-Regulatory Organization’s Send an email to rule-comments@ Self-Regulatory Organizations; NYSE Statement of the Purpose of, and the sec.gov. Please include File Number SR– MKT LLC; Notice of Filing and Statutory Basis for, the Proposed Rule BX–2015–080 on the subject line. Immediate Effectiveness of Proposed Change Rule Change Amending Rule 13 Paper Comments Equities To Eliminate Good Til 1. Purpose • Send paper comments in triplicate Cancelled Orders and Stop Orders, The Exchange proposes to amend to Secretary, Securities and Exchange and Make Conforming Changes to Rule 13—Equities (‘‘Rule 13’’) to Commission, 100 F Street NE., Equities Rules 49, 61, 70, 104, 115A, eliminate GTC Orders (which are also Washington, DC 20549–1090. 116, 118, 123, 123A, 123C, 123D, 501, defined as ‘‘Open’’ Orders) and Stop 1000, 1004, and 6140 Orders, and make conforming changes All submissions should refer to File to Rules 49—Equities, 61—Equities, December 15, 2015. Number SR–BX–2015–080. This file 70—Equities, 104—Equities, 115A— Pursuant to Section 19(b)(1) 1 of the number should be included on the Equities, 116—Equities, 118—Equities, Securities Exchange Act of 1934 (the subject line if email is used. To help the 123—Equities, 123A—Equities, 123C— ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Commission process and review your Equities, 123D—Equities, 501—Equities, notice is hereby given that on December comments more efficiently, please use 1000—Equities, 1004—Equities, and 7, 2015, NYSE MKT LLC (the 6140—Equities. The Exchange proposes only one method. The Commission will ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with to eliminate these order types in order post all comments on the Commission’s the Securities and Exchange to streamline its rules and reduce Internet Web site (http://www.sec.gov/ Commission (the ‘‘Commission’’) the complexity among its order type rules/sro.shtml). Copies of the proposed rule change as described in offerings.4 submission, all subsequent Items I and II below, which Items have Because of the technology changes amendments, all written statements been prepared by the self-regulatory associated with the proposed rule with respect to the proposed rule organization. The Commission is change, the Exchange proposes to change that are filed with the publishing this notice to solicit announce the implementation date of Commission, and all written comments on the proposed rule change the elimination of the order types via communications relating to the from interested persons. Trader Update. proposed rule change between the I. Self-Regulatory Organization’s Commission and any person, other than Elimination of GTC Orders and Stop Statement of the Terms of Substance of those that may be withheld from the Orders (Rule 13) the Proposed Rule Change public in accordance with the The Exchange proposes to eliminate, The Exchange proposes to amend provisions of 5 U.S.C. 552, will be and thus delete from its rules, the GTC Rule 13—Equities to eliminate Good til available for Web site viewing and Order defined in Rule 13(b)(2). A GTC Cancelled (‘‘GTC’’) Orders and Stop printing in the Commission’s Public Order is a limit order that remains in Orders, and (2) make conforming Reference Room, 100 F Street NE., effect until it is either executed or changes to Rules 49—Equities, 61— Washington, DC 20549 on official cancelled.5 To reflect this elimination, Equities, 70—Equities, 104—Equities, business days between the hours of the Exchange proposes to delete all 115A—Equities, 116—Equities, 118— references to GTC or Open Orders and 10:00 a.m. and 3:00 p.m. Copies of such Equities, 123—Equities, 123A—Equities, any related modifiers in Rule 13 as filing also will be available for 123C—Equities, 123D—Equities, 501— follows: inspection and copying at the principal Equities, 1000—Equities, 1004— • Delete Rule 13(b)(2), which defines offices of the Exchange. All comments Equities, and 6140—Equities. The the GTC Order; received will be posted without change; proposed rule change is available on the • delete Rule 13(d)(1)(B)(iv), which the Commission does not edit personal Exchange’s Web site at www.nyse.com, provides that interest designated as GTC identifying information from at the principal office of the Exchange, submissions. You should submit only may not be designated as a Mid-Point and at the Commission’s Public 6 information that you wish to make Passive Liquidity (‘‘MPL’’) Order; Reference Room. • delete Rules 13(f)(1) and (2), which available publicly. All submissions II. Self-Regulatory Organization’s describes the Do Not Reduce (‘‘DNR’’) should refer to File Number SR–BX– Statement of the Purpose of, and and Do Not Increase (‘‘DNI’’) modifiers, 2015–080, and should be submitted on Statutory Basis for, the Proposed Rule or before January 11, 2016. Change 4 See, e.g., Mary Jo White, Chair, Securities and For the Commission, by the Division of Exchange Commission, Speech at the Sandler In its filing with the Commission, the O’Neill & Partners, L.P. Global Exchange and Trading and Markets, pursuant to delegated Brokerage Conference (June 5, 2014) (available at 9 self-regulatory organization included authority. statements concerning the purpose of, www.sec.gov/News/Speech/Detail/Speech/ Robert W. Errett, and basis for, the proposed rule change 1370542004312#.U5HI-fmwJiw). 5 GTC orders are not eligible to be executed in any Deputy Secretary. and discussed any comments it received Off-Hours Trading Facility and may not be [FR Doc. 2015–31927 Filed 12–18–15; 8:45 am] on the proposed rule change. The text transmitted to Floor broker hand-held devices or BILLING CODE 8011–01–P of those statements may be examined at Floor broker systems. See Rule 13(b)(2). the places specified in Item IV below. 6 A MPL Order is an undisplayed limit order that automatically executes at the mid-point of the protected best bid or offer. See Rule 13(d)(1)(A). 1 15 U.S.C. 78s(b)(1). The Exchange also proposes to re-number Rule 2 15 U.S.C. 78a. 13(d)(1)(B)(v) to reflect the deletion of subsection 9 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. (iv).

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which are modifiers that are used only which addresses the Exchange’s when arranging the close or to otherwise in connection with GTC Orders. In emergency powers, to delete subsection attempt to obtain information regarding addition to being used for GTC Orders, (b)(1)(B), which permits the Exchange to unelected stop orders. these modifiers are also used for Stop accept cancellations of GTC orders • The Exchange proposes to delete Orders, which the Exchange is also during an emergency condition. Rule 118—Equities (Orders To Be proposing to eliminate; 7 and • The Exchange proposes to amend Reduced and Increased on Ex-Date), • amend Rule 13(f)(5)(B), which Rule 61—Equities (Recognized which governs the adjustment of GTC provides that the Exchange shall reject Quotations), which governs bids and buy orders 9 and open Stop Orders, i.e., GTC Orders with an Self-Trade offers in securities. Under Rule GTC Stop Orders, to sell when a Prevention (‘‘STP’’) modifier. 61(a)(ii)—Equities, transactions in part security is quoted ex-dividend, ex- Second, the Exchange proposes to of a round lot are published to the distribution, ex-rights or ex-interest. eliminate Stop Orders. A Stop Order is Consolidated Tape and may elect Stop • The Exchange proposes to amend an order to buy or sell a stock at the Orders. The Exchange proposes to Rule 123—Equities (Record of Orders), market once the price of the stock eliminate the reference to electing Stop which imposes certain recordkeeping reaches a specified price known as the Orders. and order entry requirements, to • ‘‘stop price.’’ Specifically, a Stop Order The Exchange proposes to amend eliminate the reference to Stop Orders to buy becomes a market order when a Rule 70—Equities (Execution of Floor in subsection (e)(iii)(7) and stop price in transaction in the security occurs at or Broker Interest), governing execution of paragraph (e)(iii)(8) of Rule 123— above the stop price after the order is Floor broker interest known as e-Quotes. Equities. The Exchange also proposes to received into Exchange systems or is Under Rule 70(a)(1)—Equities, e-Quotes delete outdated references to auction manually represented by a Floor broker. cannot include, among others, unelected market and auction limit orders in Rule A Stop Order to sell becomes a market Stop Orders or a GTC, DNR and DNI 123(e)(iii)(7)—Equities, which the order when a transaction in the security modifier. The Exchange proposes to Exchange either eliminated or did not occurs at or below the stop price after delete these references. implement.10 • The Exchange proposes to amend the order is received into Exchange • The Exchange proposes to amend 104—Equities (Dealings and systems or manually represented by a Supplementary Material .20 of Rule 8 Responsibilities of DMMs), which Floor broker. To effectuate this 123A—Equities (Miscellaneous prohibits DMM units from entering, elimination, the Exchange proposes to Requirements), which governs changes among others, GTC Modifiers, DNR amend Rule 13 as follows: in day orders, to remove the final clause • Delete Rule 13(f)(7), which defines Modifiers, DNI Modifiers, and Stop of the first paragraph requiring members a Stop Order; Orders. The Exchange proposes to to request that customers and • delete Rule 13(f)(1) and (2), which delete these references to GTC, DNR and correspondents file GTC Orders describes the DNR and DNI modifiers as DNI modifiers and Stop Orders in wherever possible rather than repeating noted above; and subsection (b)(vi). • amend Rule 13(f)(5), which • The Exchange proposes to amend the same order each morning. The provides that the STP modifier is Rule 115A—Equities (Orders at Exchange also proposes to delete the available for Stop Orders. Opening), which governs orders at the second paragraph of Supplementary Material .20 in its entirety, which Conforming Amendments opening, to remove subsection (a), which prohibits DMMs, trading provides that a Day Order changed to an The Exchange proposes certain assistants and anyone acting on their Open Order is considered a new order conforming amendments to Rules 49— behalf from using the Exchange Display and must be added to the Exchange’s Equities, 61—Equities, 70—Equities, Book system in a manner designed to Book after other orders previously 104—Equities, 115A—Equities, 116— discover inappropriately information received at the same price. As noted Equities, 118—Equities, 123—Equities, about unelected stop orders when above, an Open Order is another term 123A—Equities, 123C—Equities, arranging the open or to otherwise for a GTC Order.11 Finally, the Exchange 123D—Equities, 501—Equities, 1000— attempt to obtain information regarding proposes to rename Supplementary Equities, 1004—Equities, and 6140— unelected stop orders and to renumber Material .20 ‘‘Day Orders’’ by deleting Equities to reflect the elimination of the rule accordingly. the preceding words ‘‘Changes In’’. GTC Orders and Stop Orders as • The Exchange proposes to delete • The Exchange proposes to amend described above as follows: Supplementary Material .40(A) and .50 Rule 123C—Equities (The Closing • The Exchange proposes to amend of Rule 116—Equities (‘Stop’ Constitutes Procedures), which specifies the Rule 49—Equities (Emergency Powers), Guarantee), which provides that an procedures to be followed at the close agreement by a member to ‘‘stop’’ stock of trading on the Exchange, to delete 7 In connection with the deletion of Rule 13(f)(1) at a specified price constitutes a references to Stop Orders in paragraphs & (2), the Exchange proposes to renumber the Rule 6(a)(i)(C) and 6(a)(ii) of Rule 123C— as follows: Rule 13(f)(3) (Pegging Interest) would guarantee of a purchase or sale by the become Rule 13(f)(1); Rule 13(f)(4) (Retail Modifier) member of the security at that price. Equities. The Exchange also proposes to would become Rule 13(f)(2); Rule 13(f)(5) (Self- Supplementary Material .40(A) provides delete paragraph 8(a)(iv) of Rule 123C— Trade Prevention Modifier) would become Rule that Stop Orders elected based on the Equities, which describes election of 13(f)(3); and Rule 13(f)(6) (Sell ‘‘Plus’’—Buy Stop Orders as part of the Closing Print. ‘‘Minus’’ Instruction) would become Rule 13(f)(4). closing price are automatically and As discussed below, the Exchange proposes to systemically converted to market orders delete Rule 13(f)(7) which defines Stop Orders. and included in the total number of 9 Rule 118—Equities uses the term ‘‘Open buying 8 See Rule 13(f)(7)(A) & (B). Elected Stop Orders market-at-the-close orders executed at orders’’. An Open Order is another term for a GTC also become Market Orders and are eligible for Order. See Rule 13(a)(2). Since Rule 118—Equities automatic execution in accordance with Rules the close. Supplementary Material .50, applies only to GTC Orders and Stop Orders, the 116.40—Equities, 123C—Equities and 1000— similar to Rule 104(b)(vi)—Equities, Exchange proposes to delete the rule in its entirety. 1004—Equities. Stop Orders that would be elected prohibits DMMs, trading assistants and 10 See Securities Exchange Act Release No. 67686 by the price of the opening transaction on the anyone acting on their behalf from using (August 17, 2012), 77 FR 51596 (August 24, 2012) Exchange are included in the opening transaction (SR–NYSEMKT–2012–13) (deleting the auction as Market Orders. See id. at (C). Odd-lot size the Display Book system in a manner market order). Auction limit orders do not appear transactions are not considered transactions eligible designed to discover inappropriately to have been implemented. to elect Stop Orders on the Exchange. See id. at (D). information about unelected stop orders 11 See note 9, supra.

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• The Exchange proposes to amend among others, stop orders electable at the Exchange to cause significant price Rule 123D—Equities (Openings and the price of such executions and that dislocation. The Exchange also believes Halts in Trading), which specifies that any stop order so elected shall be that eliminating GTC Orders would Exchange systems may open one or automatically executed as market orders benefit investors because it shifts the more securities electronically if a DMM pursuant to Exchange rules. The responsibility to monitor best execution cannot facilitate the opening of trading Exchange proposes to delete the obligations on behalf of a customer to as required by Exchange rules. First, the references to Stop Orders, including in the member organization entering the Exchange proposes to replace the the heading. order, rather than leaving a GTC order references to Rule 115A(b)—Equities • Finally, the Exchange proposes to at the Exchange until it gets executed. with references to Rule 115A(a)— amend Rule 6140—Equities (Other The Exchange further believes that Equities. Second, the Exchange Trading Practices), which governs a deleting corresponding references in proposes to delete subsection number of prohibited trading practices. Exchange rules to deleted order types (a)(3)(C)(ii), which provides that Stop First, the Exchange proposes to delete also removes impediments to and Orders elected based on the opening Rule 6140(h)(1)—Equities, which perfects the mechanism of a free and price would trade second in time provides that a member or member open market by ensuring that members, priority when interest that is otherwise organization may, but is not obligated regulators and the public can more guaranteed to participate in an opening to, accept a stop order in designated easily navigate the Exchange’s rulebook trade would cause an opening price to securities, and defines buy stop orders and better understand the orders types be outside the Opening Price Range (as (Rule 6140(h)(1)(A)—Equities) and sell available for trading on the Exchange. defined therein). Third, to reflect the stop orders (Rule 6140(h)(1)(B)— Removing obsolete cross references also deletion of subsection (a)(3)(C)(ii) and Equities). Second, the Exchange furthers the goal of transparency and the removal of Stop Orders from second proposes to delete Rule 6140(h)(2)— adds clarity to the Exchange’s rules. Equities, which provides that a member in time priority, the Exchange proposes B. Self-Regulatory Organization’s or member organization may, but is not to re-number subsections (a)(3)(C)(iii) Statement on Burden on Competition through (v) and re-order priority for obligated to, accept stop limit orders in Limit Orders (current subsection designated securities and that when a The Exchange does not believe that (a)(3)(C)(iii)) from third to second, for G- transaction occurs at a stop price, the the proposed rule change will impose quotes (current subsection (a)(3)(C)(iv)) stop limit order to buy or sell becomes any burden on competition that is not from fourth to third, and for all other a limit order at the limit price. Current necessary or appropriate in furtherance limit interest priced equal to the open subsection (i) of Rule 6140—Equities of the purposes of the Act. The (current subsection (a)(3)(v)) from fifth would become new subsection (h). proposed change is not designed to address any competitive issue but to fourth. 2. Statutory Basis • The Exchange proposes to amend would rather remove complex Rule 501—Equities (Definitions), which The proposed rule change is functionality and obsolete cross- sets forth the definitions for the Rules consistent with Section 6(b) 12 of the references, thereby reducing confusion 500–525—Equities Series governing the Act, in general, and furthers the and making the Exchange’s rules easier trading of ‘‘UTP Securities’’ on the objectives of Section 6(b)(5),13 in to understand and navigate. Exchange pursuant to unlisted trading particular, in that it is designed to C. Self-Regulatory Organization’s privileges. The Exchange proposes to prevent fraudulent and manipulative Statement on Comments on the delete subsection (d)(1)(A) of Rule 501— acts and practices, to promote just and Proposed Rule Change Received From Equities, which defines a GTC or Open equitable principles of trade, to foster Members, Participants, or Others Order for a UTP Security. The Exchange cooperation and coordination with also proposes to delete subsection persons engaged in facilitating No written comments were solicited (d)(2)(E) of Rule 501—Equities, which transactions in securities, and to remove or received with respect to the proposed lists Stop Order as one of the order impediments to and perfect the rule change. types not accepted for trading in UTP mechanism of a free and open market III. Date of Effectiveness of the Securities. and a national market system. Proposed Rule Change and Timing for • The Exchange proposes to amend Specifically, the Exchange believes Commission Action Rule 1000—Equities (Automatic that eliminating GTC Orders and Stop Executions), which provides for Orders removes impediments to and The Exchange has filed the proposed automatic executions by Exchange perfects a national market system by rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 14 and Rule systems. Rule 1000(c)—Equities simplifying functionality and 15 provides that incoming market orders, complexity of its order types. The 19b–4(f)(6) thereunder. Because the including an elected stop order, or Exchange believes that eliminating these proposed rule change does not: (i) marketable limit order to buy (sell) will order types would not be inconsistent Significantly affect the protection of not execute or route to another market with the public interest and the investors or the public interest; (ii) center at a price above (below) the protection of investors because investors impose any significant burden on Trading Collar applicable when will not be harmed and in fact would competition; and (iii) become operative automatic executions are in effect and benefit from the removal of complex prior to 30 days from the date on which calculated pursuant to Rule 1000(c)(i)— functionality. Because Stop Orders, it was filed, or such shorter time as the Equities. The Exchange proposes to when elected, can exacerbate market 14 delete the reference to elected stop order volatility and result in executions in 15 U.S.C. 78s(b)(3)(A)(iii). 15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– in paragraph (c) of Rule 1000—Equities. declining markets at prices significantly • 4(f)(6)(iii) requires a self-regulatory organization to The Exchange proposes to amend different than the quoted price, the give the Commission written notice of its intent to Rule 1004—Equities (Election of Buy Exchange believes that eliminating them file the proposed rule change, along with a brief Minus, Sell Plus and Stop Orders), would reduce the potential for orders on description and text of the proposed rule change, at least five business days prior to the date of filing which provides that automatic of the proposed rule change, or such shorter time executions of transactions reported to 12 15 U.S.C. 78f(b). as designated by the Commission. The Exchange the Consolidated Tape shall elect, 13 15 U.S.C. 78f(b)(5). has satisfied this requirement.

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Commission may designate, if amendments, all written statements Federal Register on June 23, 2015.3 On consistent with the protection of with respect to the proposed rule July 30, 2015, the Commission extended investors and the public interest, the change that are filed with the the time period for Commission action proposed rule change has become Commission, and all written to September 21, 2015.4 On September effective pursuant to Section 19(b)(3)(A) communications relating to the 17, 2015, the Commission instituted of the Act and Rule 19b–4(f)(6)(iii) proposed rule change between the proceedings under section 19(b)(2)(B) of thereunder. Commission and any person, other than the Act 5 to determine whether to A proposed rule change filed under those that may be withheld from the approve or disapprove the proposed 16 Rule 19b–4(f)(6) normally does not public in accordance with the rule change.6 The Phlx filed become operative prior to 30 days after provisions of 5 U.S.C. 552, will be Amendment Nos. 1 and 2 to the the date of the filing. However, pursuant available for Web site viewing and proposal on November 4, 2015, and to Rule 19b4(f)(6)(iii),17 the Commission printing in the Commission’s Public December 3, 2015, respectively.7 The may designate a shorter time if such Reference Room, 100 F Street NE., Commission received no comments action is consistent with the protection Washington, DC 20549 on official regarding the proposal.8 of investors and the public interest. business days between the hours of At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of such Section 19(b)(2) of the Act provides filing of such proposed rule change, the filing also will be available for that proceedings to determine whether Commission summarily may inspection and copying at the principal to disapprove a proposed rule change temporarily suspend such rule change if offices of the Exchange. All comments must be concluded within 180 days of it appears to the Commission that such received will be posted without change; the date of publication of notice of filing action is necessary or appropriate in the the Commission does not edit personal of the proposed rule change.9 The time public interest, for the protection of identifying information from for conclusion of the proceedings may investors, or otherwise in furtherance of submissions. You should submit only be extended for up to 60 days if the the purposes of the Act. If the information that you wish to make Commission determines that a longer Commission takes such action, the available publicly. All submissions period is appropriate and publishes the Commission shall institute proceedings should refer to File Number SR– reasons for such determination.10 The 18 under Section 19(b)(2)(B) of the Act to NYSEMKT–2015–103, and should be 180th day for this filing is December 20, determine whether the proposed rule submitted on or before January 11, 2016. 2015. change should be approved or For the Commission, by the Division of disapproved. The Commission is extending the Trading and Markets, pursuant to delegated time period for Commission action on authority.19 IV. Solicitation of Comments the proposed rule change. The Robert W. Errett, Interested persons are invited to Commission finds that it is appropriate Deputy Secretary. submit written data, views, and to designate a longer period within arguments concerning the foregoing, [FR Doc. 2015–31926 Filed 12–18–15; 8:45 am] which to take action on the proposed including whether the proposed rule BILLING CODE 8011–01–P rule change so that it has sufficient time change is consistent with the Act. to consider the issues raised by the Comments may be submitted by any of proposal and to take action on the the following methods: SECURITIES AND EXCHANGE COMMISSION Exchange’s proposed rule change. Electronic Comments Accordingly, pursuant to section • Use the Commission’s Internet [Release No. 34–76648; File No. SR–Phlx– 19(b)(2)(B)(ii)(II) of the Act 11 and for the comment form (http://www.sec.gov/ 2015–49] reasons stated above, the Commission rules/sro.shtml); or designates February 18, 2016, as the • Send an email to rule-comments@ Self-Regulatory Organizations; date by which the Commission should sec.gov. Please include File Number SR– NASDAQ OMX PHLX LLC; Notice of either approve or disapprove the NYSEMKT–2015–103 on the subject Designation of a Longer Period for proposed rule change (File No. SR– line. Commission Action on Proceedings To Phlx–2015–49). Determine Whether To Approve or Paper Comments Disapprove a Proposed Rule Change • To Amend and Correct Rule 1080.07 Send paper comments in triplicate 3 See Securities Exchange Act Release No. 75189 to Brent J. Fields, Secretary, Securities December 15, 2015. (June 17, 2015), 80 FR 35997. and Exchange Commission, 100 F Street 4 See Securities Exchange Act Release No. 75570, NE., Washington, DC 20549–1090. On June 5, 2015, NASDAQ OMX 80 FR 46619 (August 5, 2015). All submissions should refer to File PHLX LLC (the ‘‘Exchange’’ or ‘‘Phlx’’) 5 15 U.S.C. 78s(b)(2)(B). Number SR–NYSEMKT–2015–103. This filed with the Securities and Exchange 6 See Securities Exchange Act Release No. 75942, file number should be included on the Commission (‘‘Commission’’), pursuant 80 FR 57406 (September 23, 2015). subject line if email is used. To help the to section 19(b)(1) of the Securities 7 When the Phlx filed Amendment Nos. 1 and 2 Commission process and review your Exchange Act of 1934 (‘‘Act’’) 1 and Rule with the Commission, it also posted the comments more efficiently, please use 19b–4 thereunder,2 a proposed rule amendments on the Phlx’s Web site and submitted change to amend and correct several the amendments as a comment letters to the file, only one method. The Commission will which the Commission posted on its Web site and post all comments on the Commission’s provisions in Phlx Rule 1080.07, which placed in the public comment file for SR–Phlx– Internet Web site (http://www.sec.gov/ governs the trading of Complex Orders 2015–49. rules/sro.shtml). Copies of the on Phlx XL. The proposed rule change 8 As noted above, the Phlx submitted Amendment submission, all subsequent was published for comment in the Nos. 1 and 2 to the comment letter file for SR–Phlx– 2015–49. 16 17 CFR 240.19b–4(f)(6). 19 17 CFR 200.30–3(a)(12). 9 15 U.S.C. 78s(b)(2)(B)(i)(II) and (ii)(I). 17 17 CFR 240.19b–4(f)(6)(iii). 1 15 U.S.C. 78s(b)(1). 10 15 U.S.C. 78s(b)(2)(B)(ii)(II). 18 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4. 11 Id.

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For the Commission, by the Division of office, and at the Commission’s Public 2. Statutory Basis Trading and Markets, pursuant to delegated Reference Room. authority.12 The MSRB believes that the proposed Robert W. Errett, II. Self-Regulatory Organization’s rule change is consistent with Section Deputy Secretary. Statement of the Purpose of, and 15B(b)(2)(C) of the Act,6 which provides [FR Doc. 2015–31935 Filed 12–18–15; 8:45 am] Statutory Basis for, the Proposed Rule that the MSRB’s rules shall: Change BILLING CODE 8011–01–P be designed to prevent fraudulent and In its filing with the Commission, the manipulative acts and practices, to promote MSRB included statements concerning just and equitable principles of trade, to SECURITIES AND EXCHANGE foster cooperation and coordination with COMMISSION the purpose of and basis for the proposed rule change and discussed any persons engaged in regulating, clearing, settling, processing information with respect comments it received on the proposed [Release No. 34–76653; File No. SR–MSRB– to, and facilitating transactions in municipal 2015–13] rule change. The text of these statements securities and municipal financial products, may be examined at the places specified to remove impediments to and perfect the Self-Regulatory Organizations; in Item IV below. The MSRB has mechanism of a free and open market in Municipal Securities Rulemaking prepared summaries, set forth in municipal securities and municipal financial Board; Notice of Filing and Immediate Sections A, B, and C below, of the most products, and, in general, to protect Effectiveness of a Proposed Rule significant aspects of such statements. investors, municipal entities, obligated Change To Amend Forms G–37, G–37x persons, and the public interest. and G–38t To Change the MSRB’s A. Self-Regulatory Organization’s Address on the Forms Statement of the Purpose of, and The proposed rule change would Statutory Basis for, the Proposed Rule amend Forms G–37, G–37x and G–38t December 15, 2015. Change solely to reflect the MSRB’s new address Pursuant to Section 19(b)(1) of the 1. Purpose that must be used by a dealer, as of and Securities Exchange Act of 1934 (the after December 14, 2015, if the dealer is 1 ‘‘Act’’ or ‘‘Exchange Act’’) and Rule As of December 14, 2015, the MSRB submitting such forms to the MSRB in 2 19bb–4–4 thereunder, notice is hereby is re-locating its offices from 1900 Duke paper form, but would not amend, in given that on December 4, 2015, the Street, Suite 600, Alexandria, VA 22314, any manner, the information that must Municipal Securities Rulemaking Board to 1300 I Street NW., Suite 1000, be provided to the MSRB pursuant to (the ‘‘MSRB’’ or ‘‘Board’’) filed with the Washington DC 20005–3314 (the Rule G–37 and Rule G–38, as applicable. Securities and Exchange Commission ‘‘MSRB’s new address’’). Currently, (‘‘Commission’’) the proposed rule By updating the MSRB’s address on change as described in Items I, II, and brokers, dealers and municipal Forms G–37, G–37x and G–38t, the III below, which Items have been securities dealers (‘‘dealers’’) submitting proposed rule change will promote prepared by the MSRB. The Form G–37 or Form G–37x pursuant to compliance with the reporting Commission is publishing this notice to MSRB Rule G–37, on political provisions of Rule G–37 and Rule G–38. solicit comments on the proposed rule contributions and prohibitions on As the MSRB makes all Form G–37, G– change from interested persons. municipal securities business,4 or Form 37x and G–38t submissions available to G–38t, pursuant to MSRB Rule G–38, on the public at no charge on its Electronic I. Self-Regulatory Organization’s solicitation of municipal securities Municipal Market Access (EMMA) Web Statement of the Terms of Substance of business,5 may submit these forms to site, these provisions serve to give the the Proposed Rule Change the MSRB either electronically, via a market, including regulators, dealers, The MSRB filed with the Commission web submission portal, or in paper form issuers and investors, transparency a proposed rule change to amend Forms to the MSRB’s address. The MSRB regarding the political contributions of G–37, G–37x and G–38t to change the proposes to amend Forms G–37, G–37x dealers and the third-party solicitors MSRB’s address on the forms (the and G–38t solely to change the address compensated by dealers. Such ‘‘proposed rule change’’). The MSRB has of the MSRB on the forms to reflect the transparency serves to combat quid pro designated the proposed rule change as MSRB’s new address, so that dealers quo corruption or the appearance concerned solely with the that mail any of the forms to the MSRB thereof in connection with the awarding administration of the self-regulatory will be apprised by the form of the of municipal securities business and organization under paragraph (f)(3) of correct address. promote market integrity and a free and Rule 19bb–4–4 under the Act,3 which open municipal securities market. The renders the proposal effective upon 4 Rule G–37 requires dealers to disclose to the reporting provisions also enhance the receipt of this filing by the Commission. MSRB on Form G–37 information about certain: The Commission is publishing this Contributions to officials of an issuer; payments to ability of the MSRB and other regulators notice to solicit comments on the political parties of states or political subdivisions; to detect and deter fraudulent or contributions to bond ballot campaigns; and manipulative acts and practices in proposed rule change from interested information regarding municipal securities business persons. with issuers. connection with the awarding of The text of the proposed rule change 5 Rule G–38 prohibits dealers from making any municipal securities business. The is available on the MSRB’s Web site at direct or indirect payment to any person who is not proposed rule change will help ensure an affiliated person of the dealer for a solicitation that dealers that elect to provide the www.msrb.org/Rules-and- of municipal securities business on behalf of the Interpretations/SEC-Filings/2015- dealer. Under Rule G–38(c), a limited exception applicable required form(s) to the MSRB Filings.aspx, at the MSRB’s principal exists for payments made with respect solely to in paper form are aware of the correct solicitation activities undertaken prior to August address to which they should send their 29, 2005 pursuant to a consultant agreement under 12 information. 17 CFR 200.30–3(a)(57). former Rule G–38, if, among other things, the dealer 1 15 U.S.C. 78s(b)(1). submits to the MSRB Form G–38t setting forth 2 17 CFR 240.19bb–4–4. certain information related to the consultant 3 17 CFR 240.19bb–4–4(f)(3). agreement. 6 15 U.S.C. 78o–4(b)(2)(C).

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B. Self-Regulatory Organization’s Commission, 100 F Street NE., (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Statement on Burden on Competition Washington, DC 20549. notice is hereby given that on December 2, 2015, The NASDAQ Stock Market Section 15B(b)(2)(C) of the Act 7 All submissions should refer to File LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed requires that MSRB rules not be Number SR–MSRB–2015–13. This file with the Securities and Exchange designed to impose any burden on number should be included on the Commission (‘‘SEC’’ or ‘‘Commission’’) competition not necessary or subject line if email is used. To help the the proposed rule change as described appropriate in furtherance of the Commission process and review your in Items I, II, and III below, which Items purposes of the Act. The MSRB believes comments more efficiently, please use have been prepared by the Exchange. that the proposed rule change, which only one method. The Commission will The Commission is publishing this does not change, in any substantive post all comments on the Commission’s notice to solicit comments on the respect, dealers’ obligations to provide Internet Web site (http://www.sec.gov/ proposed rule change from interested information required by any MSRB rule, rules/sro.shtml). Copies of the persons. does not impose any burden on submission, all subsequent competition not necessary or amendments, all written statements I. Self-Regulatory Organization’s appropriate in furtherance of the Act. with respect to the proposed rule Statement of the Terms of Substance of The proposed rule change merely change that are filed with the the Proposed Rule Change technically amends Forms G–37, G–37x Commission, and all written The Exchange proposes to amend and G–38t to reflect the MSRB’s new communications relating to the address. Chapter XV, entitled ‘‘Options Pricing,’’ proposed rule change between the at Section 2, which governs pricing for C. Self-Regulatory Organization’s Commission and any person, other than NASDAQ members using the NASDAQ Statement on Comments on the those that may be withheld from the Options Market (‘‘NOM’’), NASDAQ’s Proposed Rule Change Received From public in accordance with the facility for executing and routing Members, Participants, or Others provisions of 5 U.S.C. 552, will be standardized equity and index options, available for Web site viewing and Written comments were neither to amend the Customer 3 and printing in the Commission’s Public Professional 4 Penny Pilot 5 Options solicited nor received on the proposed Reference Room, 100 F Street NE., rule change. Washington, DC 20549 on official 1 15 U.S.C. 78s(b)(1). III. Date of Effectiveness of the business days between the hours of 2 17 CFR 240.19b–4. Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of the 3 The term ‘‘Customer’’ applies to any transaction Commission Action filing also will be available for that is identified by a Participant for clearing in the inspection and copying at the principal Customer range at The Options Clearing The foregoing proposed rule change Corporation (‘‘OCC’’) which is not for the account office of the MSRB. All comments has become effective pursuant to of broker or dealer or for the account of a received will be posted without change; Section 19(b)(3)(A) of the Act 8 and ‘‘Professional’’ (as that term is defined in Chapter the Commission does not edit personal I, Section 1(a)(48)). paragraph (f) of Rule 19b–4 thereunder.9 identifying information from 4 The term ‘‘Professional’’ means any person or At any time within 60 days of the filing submissions. You should submit only entity that (i) is not a broker or dealer in securities, of the proposed rule change, the and (ii) places more than 390 orders in listed information that you wish to make Commission summarily may options per day on average during a calendar month available publicly. All submissions for its own beneficial account(s) pursuant to temporarily suspend such rule change if should refer to File Number SR–MSRB– Chapter I, Section 1(a)(48). All Professional orders it appears to the Commission that such 2015–13 and should be submitted on or shall be appropriately marked by Participants. action is necessary or appropriate in the 5 See Securities Exchange Act Release Nos. 57579 before January 11, 2016. public interest, for the protection of (March 28, 2008), 73 FR 18587 (April 4, 2008) (SR– investors, or otherwise in furtherance of For the Commission, pursuant to delegated NASDAQ–2008–026) (notice of filing and authority.10 immediate effectiveness establishing Penny Pilot); the purposes of the Act. 60874 (October 23, 2009), 74 FR 56682 (November Robert W. Errett, IV. Solicitation of Comments 2, 2009) (SR–NASDAQ–2009–091) (notice of filing Deputy Secretary. and immediate effectiveness expanding and extending Penny Pilot); 60965 (November 9, 2009), Interested persons are invited to [FR Doc. 2015–31924 Filed 12–18–15; 8:45 am] submit written data, views, and 74 FR 59292 (November 17, 2009) (SR–NASDAQ– BILLING CODE 8011–01–P 2009–097) (notice of filing and immediate arguments concerning the foregoing, effectiveness adding seventy-five classes to Penny including whether the proposed rule Pilot); 61455 (February 1, 2010), 75 FR 6239 change is consistent with the Act. (February 8, 2010) (SR–NASDAQ–2010–013) SECURITIES AND EXCHANGE (notice of filing and immediate effectiveness adding Comments may be submitted by any of COMMISSION seventy-five classes to Penny Pilot); 62029 (May 4, the following methods: 2010), 75 FR 25895 (May 10, 2010) (SR–NASDAQ– 2010–053) (notice of filing and immediate Electronic Comments [Release No. 34–76651; File No. SR– effectiveness adding seventy-five classes to Penny • Use the Commission’s Internet NASDAQ–2015–149] Pilot); 65969 (December 15, 2011), 76 FR 79268 (December 21, 2011) (SR–NASDAQ–2011–169) comment form (http://www.sec.gov/ Self-Regulatory Organizations; The (notice of filing and immediate effectiveness [sic] rules/sro.shtml); or NASDAQ Stock Market LLC; Notice of extension and replacement of Penny Pilot); 67325 • Send an email to rule-comments@ (June 29, 2012), 77 FR 40127 (July 6, 2012) (SR– Filing and Immediate Effectiveness of NASDAQ–2012–075) (notice of filing and sec.gov. Please include File Number SR– Proposed Rule Change To Amend MSRB–2015–13 on the subject line. immediate effectiveness and extension and NASDAQ Options Market—Fees and replacement of Penny Pilot through December 31, Paper Comments Rebates 2012); 68519 (December 21, 2012), 78 FR 136 (January 2, 2013) (SR–NASDAQ–2012–143) (notice • Send paper comments in triplicate December 15, 2015. of filing and immediate effectiveness and extension to Secretary, Securities and Exchange and replacement of Penny Pilot through June 30, Pursuant to Section 19(b)(1) of the 2013); 69787 (June 18, 2013), 78 FR 37858 (June 24, 2013) (SR–NASDAQ–2013–082) (notice of filing 7 Securities Exchange Act of 1934 15 U.S.C. 78o–4(b)(2)(C). and immediate effectiveness and extension and 8 15 U.S.C. 78s(b)(3)(A). replacement of Penny Pilot through December 31, 9 17 CFR 240.19b–4(f). 10 17 CFR 200.30–3(a)(12). Continued

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Rebates to Add Liquidity. The proposed by adding a certain amount of liquidity is an equity program. With this amendments apply to volume from as specified by each tier.7 proposal, the Exchange proposes to December 2, 2015 through December 31, continue to pay a $0.48 per contract 10 Tier 8 of the Customer and Professional 2015. Tier 8 Customer and Professional Penny Penny Pilot Options Rebates To Add Pilot Options Rebate to Add Liquidity if The text of the proposed rule change Liquidity is available on the Exchange’s Web site the Participant adds Customer, at http://nasdaq.cchwallstreet.com, at The Exchange proposes to amend Tier Professional, Firm, Non-NOM Market the principal office of the Exchange, and 8 of the Customer and Professional Maker and/or Broker-Dealer liquidity in at the Commission’s Public Reference Penny Pilot Options Rebate to Add Penny Pilot Options and/or Non-Penny Room. Liquidity to remove a requirement to Pilot Options above 0.75% or more of qualify for this tier. Currently, Tier 8 total industry customer equity and ETF II. Self-Regulatory Organization’s provides, ‘‘Participant adds Customer, option ADV contracts per day in a Statement of the Purpose of, and Professional, Firm, Non-NOM Market month 11 or Participant adds (1) Statutory Basis for, the Proposed Rule Maker and/or Broker-Dealer liquidity in Customer and/or Professional liquidity Change Penny Pilot Options and/or Non-Penny in Penny Pilot Options and/or Non- In its filing with the Commission, the Pilot Options above 0.75% or more of Penny Pilot Options of 30,000 or more Exchange included statements total industry customer equity and ETF contracts per day in a month and (2) the concerning the purpose of and basis for option ADV contracts per day in a Participant has certified for the Investor the proposed rule change and discussed month or Participant adds (1) Customer Support Program set forth in Rule 7014 and/or Professional liquidity in Penny any comments it received on the from December 2, 2015 through Pilot Options and/or Non-Penny Pilot 12 proposed rule change. The text of these December 31, 2015. Options of 30,000 or more contracts per statements may be examined at the day in a month, (2) the Participant has the NBBO in a large number of securities. In return places specified in Item IV below. The certified for the Investor Support for its contributions, certain financial benefits are Exchange has prepared summaries, set Program 8 set forth in Rule 7014, and (3) provided to a QMM with respect to a particular forth in sections A, B, and C below, of MPID (a ‘‘QMM MPID’’), as described under Rule the Participant qualifies for rebates the most significant aspects of such 7014(e). under the Qualified Market Maker 10 statements. The Exchange offers Participants an (‘‘QMM’’) Program set forth in Rule opportunity to increase the Tier 8 Customer and 7014.’’ The Exchange is proposing to Professional Rebate to Add Liquidity Tiers in note A. Self-Regulatory Organization’s c, which states, ‘‘Participants that: (1) Add Statement of the Purpose of, and eliminate the third requirement which Customer, Professional, Firm, Non-NOM Market Statutory Basis for, the Proposed Rule requires the Participant to qualify for Maker and/or Broker-Dealer liquidity in Penny Pilot Change rebates under the QMM Program. A Options and/or Non- Penny Pilot Options of 1.15% QMM is a NASDAQ member that makes or more of total industry customer equity and ETF 1. Purpose option ADV contracts per day in a month will a significant contribution to market receive an additional $0.02 per contract Penny Pilot The Exchange proposes to amend quality by providing liquidity at the Options Customer Rebate to Add Liquidity for each Chapter XV, Section 2, entitled national best bid and offer (‘‘NBBO’’) in transaction which adds liquidity in Penny Pilot Options in that month; or (2) add Customer, ‘‘NASDAQ Options Market—Fees and a large number of stocks for a significant Professional, Firm, Non-NOM Market Maker and/or Rebates’’ to amend the Customer and portion of the day.9 The QMM Program Broker-Dealer liquidity in Penny Pilot Options and/ Professional Penny Pilot Options or Non-Penny Pilot Options of 1.40% or more of Rebates to Add Liquidity. The proposed 7 Tiers 6 and 7 are calculated based on Total total industry customer equity and ETF option ADV Volume. Total Volume is defined as Customer, contracts per day in a month will receive an rule change is detailed below. Professional, Firm, Broker-Dealer, Non-NOM additional $0.05 per contract Penny Pilot Options Customer Rebate to Add Liquidity for each Customer and Professional Penny Pilot Market Maker and NOM Market Maker volume in Penny Pilot Options and/or Non-Penny Pilot transaction which adds liquidity in Penny Pilot Options Rebates To Add Liquidity Options which either adds or removes liquidity on Options in that month; or (3) (a) add Customer, NOM. See note ‘‘b’’ in Section 2(1) of Chapter XV. Professional, Firm, Non-NOM Market Maker and/or Today, the Exchange offers tiered The Exchange utilizes data from The Options Broker-Dealer liquidity in Penny Pilot Options and/ or Non-Penny Pilot Options above 0.75% of total Penny Pilot Options Rebates to Add Clearing Corporation (‘‘OCC’’) to determine the total industry customer equity and ETF option ADV industry customer equity and ETF options ADV Liquidity to Customers and contracts per day in a month and (b) has added figure. OCC classifies equity and ETF options Professionals based on various criteria liquidity in all securities through one or more of its volume under the equity options category. Also, Nasdaq Market Center MPIDs that represent 1.10% with rebates ranging from $0.20 to $0.48 both customer and professional orders that are or more of Consolidated Volume in a month will per contract.6 Participants may qualify transacted on options exchanges clear in the receive an additional $0.03 per contract Penny Pilot customer range at OCC and therefore both customer for Customer and Professional Penny Options Customer Rebate to Add Liquidity for each Pilot Options Rebates to Add Liquidity and professional volume would be included in the transaction which adds liquidity in Penny Pilot total industry figure to calculate rebate tiers. Options in a month. Consolidated Volume shall 8 For a detailed description of the Investor mean the total consolidated volume reported to all 2013); 71105 (December 17, 2013), 78 FR 77530 Support Program or ISP, see Securities Exchange consolidated transaction reporting plans by all (December 23, 2013) (SR–NASDAQ–2013–154) Act Release No. 63270 (November 8, 2010), 75 FR exchanges and trade reporting facilities during a (notice of filing and immediate effectiveness and 69489 (November 12, 2010) (NASDAQ–2010–141) month in equity securities, excluding executed extension and replacement of Penny Pilot through (notice of filing and immediate effectiveness) (the orders with a size of less than one round lot. For June 30, 2014); 79 FR 31151 [sic] (May 23, 2014), ‘‘ISP Filing’’). See also Securities Exchange Act purposes of calculating Consolidated Volume and 79 FR 31151 (May 30, 2014) (SR–NASDAQ–2014– Release Nos. 63414 (December 2, 2010), 75 FR the extent of an equity member’s trading activity, 056) (notice of filing and immediate effectiveness 76505 (December 8, 2010) (NASDAQ–2010–153) expressed as a percentage of or ratio to and extension and replacement of Penny Pilot (notice of filing and immediate effectiveness); and Consolidated Volume, the date of the annual through December 31, 2014); 73686 (December 2, 63628 (January 3, 2011), 76 FR 1201 (January 7, reconstitution of the Russell Investments Indexes 2014) [sic], 79 FR 71477 (November 25, 2014) [sic] 2011) (NASDAQ–2010–154) (notice of filing and shall be excluded from both total Consolidated (SR–NASDAQ–2014–115) (notice of filing and immediate effectiveness). Volume and the member’s trading activity.’’ immediate effectiveness and extension and 9 In addition, the NASDAQ equity member must 11 Participants have two ways to qualify for the replacement of Penny Pilot through June 30, 2015) avoid imposing the burdens on NASDAQ and its Tier 8 Customer and Professional Penny Pilot and 75283 (June 24, 2015), 80 FR 37347 (June 30, market participants that may be associated with Options Rebate to Add Liquidity. 2015) (SR–NASDAQ–2015–063) (notice of filing excessive rates of entry of orders away from the 12 Monthly volume from December 1, 2015 will and immediate effectiveness and extension and inside and/or order cancellation. The designation not count toward the calculation of the Tier 8 rebate replacement of Penny Pilot). See also NOM Rules, ‘‘QMM’’ reflects the QMM’s commitment to provide with respect to the December 2, 2015 through Chapter VI, Section 5. meaningful and consistent support to market December 31, 2015 time period. The month will be 6 See also infra note 10. quality and price discovery by extensive quoting at calculated in two time periods.

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The Exchange believes that removing qualify for the QMM Program to earn of equity volume to qualify for this the requirement to qualify for the QMM the Tier 8 rebate is reasonable, because rebate. The concept of participating in Program to earn the Tier 8 Customer and removing the requirement to qualify for the equities market as a means to qualify Professional Penny Pilot Option Rebate the QMM Program should encourage for an options rebate exists today. This to Add Liquidity will encourage Participants to add even more liquidity participation benefits the Nasdaq Participants to add even more liquidity on NOM to specifically qualify for the Market Center as well as the NOM on NOM to specifically qualify for the Tier 8 rebate. The Exchange currently market by incentivizing order flow to Tier 8 rebate. requires Participants to add Customer, these markets. This rebate recognizes 2. Statutory Basis Professional, Firm, Non-NOM Market the prevalence of trading in which Maker and/or Broker-Dealer liquidity in members simultaneously trade different Nasdaq believes that the proposed Penny Pilot Options and/or Non-Penny asset classes within the same strategy. rule change is consistent with the Pilot Options above 0.75% or more of Participants will continue to be required provisions of Section 6 of the Act,13 in total industry customer equity and ETF to add liquidity to both the options and general, and with Section 6(b)(4) and option ADV contracts per day in a equities requirement if they qualify for 14 6(b)(5) of the Act, in particular, in that month to qualify for the Tier 8 rebate. the Tier 8 rebate utilizing the second it provides for the equitable allocation Also, a Participant could qualify for a method.19 Because cash equities and of reasonable dues, fees and other Tier 8 rebate, today, by that [sic] adding options markets are linked, with charges among members and issuers and (1) [sic] Customer and/or Professional liquidity and trading patterns on one other persons using any facility or liquidity in Penny Pilot Options and/or market affecting those on the other, the system which NASDAQ operates or Non-Penny Pilot Options of 30,000 or Exchange believes that pricing controls, and is not designed to permit more contracts per day in a month and incentives that encourage market unfair discrimination between certifies for the Investor Support participant activity in NOM also customers, issuers, brokers, or dealers. Program set forth in Rule 7014 may also support price discovery and liquidity Customer volume is important because qualify for the rebate. The Exchange’s provision in the Nasdaq Market Center. it continues to attract liquidity to the proposal would eliminate the necessity Further, because the requirements to Exchange, which benefits all market to qualify for two equity programs, the qualify for Tier 8 requires significant participants. Further, with respect to Investor Support and QMM Program. levels of liquidity provision, which Professional liquidity, the Exchange The Exchange believes that heightened benefits all market participants, and initially established Professional pricing volume requirement already present in because activity in NOM also supports in order to ‘‘. . . bring additional the requirements to qualify for Tier 8, as price discovery and liquidity provision revenue to the Exchange.’’ 15 The compared with other tier volume in the Nasdaq Market Center due to the Exchange noted in the Professional requirements, combined with the increasing propensity of market Filing that it believes ‘‘. . . that the requirement to continue to certify for participants to be active in both markets increased revenue from the proposal the Investor Support Program will and the influence of each market on the would assist the Exchange to recoup continue to incentivize Participants to pricing of securities in the other, the fixed costs.’’16 Further, the Exchange transact an even greater number of remaining requirements to qualify for noted in that filing that it believes that qualifying Customer and/or Professional the Tier 8 rebate continue to be establishing separate pricing for a volume, which liquidity will benefit reasonable, notwithstanding the Professional, which ranges between that other market participants by providing elimination of the QMM Program of a Customer and market maker, them the opportunity to interact with requirement. Finally, other options accomplishes this objective.17 that liquidity. Moreover, the incentive exchanges today pay rebates to Customer and Professional Penny Pilot has the potential to make the applicable participants that add order [sic] both Options Rebates To Add Liquidity higher rebate available to a wider range options and equity order flow.20 Tier 8 of the Customer and Professional of market participants with the removal The Exchange’s proposal to amend Penny Pilot Options Rebates To Add of the QMM Program as a means of Tier 8 of the Customer and Professional Liquidity qualification. Penny Pilot Options Rebate to Add The Exchange’s proposal to permit Liquidity to remove the requirement to The Exchange’s proposal to amend Participants to qualify for the highest qualify for the QMM Program to earn Tier 8 of the Customer and Professional Customer and Professional Penny Pilot the Tier 8 rebate is equitable and not Penny Pilot Options Rebate to Add Options Rebate to Add Liquidity Tier of unfairly discriminatory because all Liquidity to remove the requirement to $0.48 per contract, by adding volume Participants may qualify for Tier 8. from December 2, 2015 through 13 15 U.S.C. 78f. December 31, 2015,18 which criteria 19 There are two ways to qualify for the Tier 8 14 15 U.S.C. 78f(b)(4) and (5). continue to include the addition of rebate, as amended by this proposal, either: (1) 15 See Securities Exchange Act Release No. 64494 Participant adds Customer, Professional, Firm, Non- (May 13, 2011), 76 FR 29014 (May 19, 2011) (SR– options and equity volume, is NOM Market Maker and/or Broker-Dealer liquidity NASDAQ–2011–066) (‘‘Professional Filing’’). In this reasonable because the Exchange is in Penny Pilot Options and/or Non-Penny Pilot filing, the Exchange addressed the perceived encouraging market participants to send Options above 0.75% or more of total industry favorable pricing of Professionals who were order flow to both the options and customer equity and ETF option ADV contracts per assessed fees and paid rebates like a Customer prior day in a month; or (2) Participant adds Customer to the filing. The Exchange noted in that filing that equity markets to receive the rebate. and/or Professional liquidity in Penny Pilot Options a Professional, unlike a retail Customer, has access Incentivizing Participants to add and/or Non-Penny Pilot Options of 30,000 or more to sophisticated trading systems that contain options liquidity through the payment contracts per day in a month and the Participant functionality not available to retail Customers. of an additional rebate is not novel as, has certified for the Investor Support Program set 16 See Professional Filing. forth in Rule 7014 from December 2, 2015 through 17 See Professional Filing. The Exchange also [sic] today, Tier 8 permits the additional [sic] December 31, 2015. in the Professional Filing that it believes the role 20 BATS Exchange Inc. (‘‘BATS’’) and NYSE Arca, of the retail Customer in the marketplace is distinct 18 Monthly volume from December 1, 2015 will Inc. ([sic] NYSE Arca’’) offer Cross-Asset Step-Up from that of the Professional and the Exchange’s fee not count toward the calculation of the Tier 8 rebate Tiers on its equity market. See BATS BZX Exchange proposal at that time accounted for this distinction with respect to the December 2, 2015 through Fee Schedule. See also NYSE Arca Equities by pricing each market participant according to December 31, 2105 time period. The month will be Schedule of Fees and Charges for Exchange Services their roles and obligations. calculated in two time periods. and NYSE Arca Options Fees and Charges.

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Qualifying Participants will be III. Date of Effectiveness of the Washington, DC 20549 on official uniformly paid a $0.48 per contract Proposed Rule Change and Timing for business days between the hours of rebate, provided the requirements are Commission Action 10:00 a.m. and 3:00 p.m. Copies of the met for the time period from December The foregoing rule change has become filing also will be available for 2, 2015 through December 31, 2015. effective pursuant to Section inspection and copying at the principal 19(b)(3)(A)(ii) of the Act.21 offices of the Exchange. All comments B. Self-Regulatory Organization’s received will be posted without change; Statement on Burden on Competition At any time within 60 days of the filing of the proposed rule change, the the Commission does not edit personal NASDAQ does not believe that the Commission summarily may identifying information from proposed rule change will impose any temporarily suspend such rule change if submissions. You should submit only burden on competition not necessary or it appears to the Commission that such information that you wish to make appropriate in furtherance of the action is: (i) Necessary or appropriate in available publicly. All submissions purposes of the Act. the public interest; (ii) for the protection should refer to File Number SR– of investors; or (iii) otherwise in NASDAQ–2015–149, and should be Customer and Professional Penny Pilot furtherance of the purposes of the Act. submitted on or before January 11, 2016. Options Rebates To Add Liquidity If the Commission takes such action, the For the Commission, by the Division of Tier 8 of the Customer and Professional Commission shall institute proceedings Trading and Markets, pursuant to delegated Penny Pilot Options Rebates To Add to determine whether the proposed rule authority.22 should be approved or disapproved. Liquidity Robert W. Errett, IV. Solicitation of Comments Deputy Secretary. The Exchange’s proposal to amend [FR Doc. 2015–31922 Filed 12–18–15; 8:45 am] Tier 8 of the Customer and Professional Interested persons are invited to Penny Pilot Options Rebate to Add submit written data, views, and BILLING CODE 8011–01–P Liquidity to remove the requirement to arguments concerning the foregoing, qualify for the QMM Program to earn including whether the proposed rule change is consistent with the Act. SECURITIES AND EXCHANGE the Tier 8 rebate does not impose an Comments may be submitted by any of COMMISSION undue burden on intra-market the following methods: competition because all Participants are [Release No. 34–76644; File No. SR–NFA– eligible to qualify for the Tier 8 Electronic Comments 2015–01] Customer or Professional Rebate to Add • Use the Commission’s Internet Liquidity, provided they meet the comment form (http://www.sec.gov/ Self-Regulatory Organizations; qualifications. Further, the Tier 8 rebate rules/sro.shtml); or National Futures Association; Notice will be uniformly paid to those • Send an email to rule-comments@ of Filing and Immediate Effectiveness Participants that are eligible for the sec.gov. Please include File Number SR– of Proposed Change to the Interpretive rebate. Moreover, the changes have the NASDAQ–2015–149 on the subject line. Notice to NFA Compliance Rules 2–7 potential to make the applicable Paper Comments and 2–24 and Registration Rule 401: incentives available to a wider range of Proficiency Requirements for SFPs market participants with the removal of • Send paper comments in triplicate the QMM Program. to Secretary, Securities and Exchange December 15, 2015. Commission, 100 F Street NE., Furthermore, continuing to Pursuant to Section 19(b)(7) of the Washington, DC 20549–1090. incentivize Participants to add not only Securities Exchange Act of 1934 options, but equities volume does not All submissions should refer to File (‘‘Exchange Act’’),1 and Rule 19b–7 impose an undue burden on intra- Number SR–NASDAQ–2015–149. This under the Exchange Act,2 notice is file number should be included on the market competition because cash hereby given that on December 3, 2015, subject line if email is used. To help the equities and options markets are linked, National Futures Association (‘‘NFA’’) Commission process and review your filed with the Securities and Exchange with liquidity and trading patterns on comments more efficiently, please use one market affecting those on the other, Commission (‘‘SEC’’ or ‘‘Commission’’) only one method. The Commission will the proposed rule change described in the Exchange believes that pricing post all comments on the Commission’s incentives that encourage market Items I, II, and III below, which Items Internet Web site (http://www.sec.gov/ have been prepared by NFA. The participant activity in NOM also rules/sro.shtml). Copies of the Commission is publishing this notice to support price discovery and liquidity submission, all subsequent solicit comments on the proposed rule provision in the Nasdaq Market Center. amendments, all written statements change from interested persons. NFA Further, the pricing incentives require with respect to the proposed rule also filed this proposed rule change on significant levels of liquidity provision, change that are filed with the December 3, 2015 with the Commodity which benefits all market participants Commission, and all written Futures Trading Commission (‘‘CFTC’’). on NOM and the Nasdaq Market Center. communications relating to the proposed rule change between the NFA, on December 3, 2015, requested C. Self-Regulatory Organization’s Commission and any person, other than that the CFTC make a determination Statement on Comments on the those that may be withheld from the that review of the proposed rule change Proposed Rule Change Received From public in accordance with the of NFA is not necessary. Members, Participants, or Others provisions of 5 U.S.C. 552, will be The CFTC has not yet made such a No written comments were either available for Web site viewing and determination. solicited or received. printing in the Commission’s Public Reference Room, 100 F Street NE., 22 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(7). 21 15 U.S.C. 78s(b)(3)(A)(ii). 2 17 CFR 240.19b–7.

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I. Self-Regulatory Organization’s transactions in security futures products the Board of Directors, approved the Statement of the Terms of the Substance and are tested for their knowledge of amendments on October 15, 2015. of the Proposed Rule Change securities and securities futures NFA’s Board of Directors ratified the The amendments to the Interpretive products.’’ In 2001, NFA and FINRA Executive Committee’s action at it Notice entitled ‘‘NFA Compliance Rules (then NASD) adopted temporary relief November 19, 2015 meeting. The 2–7 and 2–24 and Registration Rule 401: allowing registrants to qualify to engage amendments also emphasize that the Proficiency Requirements for Security in security futures activities by training must be completed before any Futures Products’’ (‘‘Notice’’) make completing a training program rather individual registrant engages in permanent the provision permitting than taking a proficiency exam, which activities involving SFPs. NFA, in registrants to qualify to engage in NFA codified in the Notice. That relief coordination with FINRA, will continue securities futures activities by has been extended four times and is to monitor the security futures volume completing a training program. currently set to expire on December 31, and the number of persons taking the The text of the Interpretive Notice is 2015. SRO Training modules, as well as any NFA and FINRA proposed the four available on NFA’s Web site at disciplinary matters involving SFPs, in prior extensions, and the CFTC and SEC www.nfa.futures.org, the Commission’s considering whether a proficiency test agreed to them, because of the relatively Web site at www.sec.gov, the self- should be developed at a later date. low trading volume in security futures regulatory organization’s office, and at Amendments to the Interpretive products (‘‘SFP’’) and the relatively few the Commission’s Public Reference Notice regarding NFA Compliance Rules registrants engaging in security futures Room. 2–7 and 2–24 and Registration Rule 401: activities. These characteristics made Proficiency Requirements for Security II. Self-Regulatory Organization’s the imposition of a qualifications exam Futures Products were previously filed Statement of the Purpose of, and an inefficient option, and the same with the SEC in SR–NFA–2002–04, Statutory Basis for, the Proposed Rule reasons are equally compelling today. Exchange Act Release No. 34–46502 In 2002 NFA, FINRA and the Institute Change (Sep. 16, 2002), 67 FR 59587 (Sep. 23, for Financial Markets partnered together In its filing with the Commission, 2002); SR–NFA–2003–03, Exchange Act to develop a free web-based training NFA included statements concerning Release No. 34–47825 (May 9, 2003), 68 program consisting of a series of the purpose of and basis for the FR 27128 (Mar. 19, 2002); SR–NFA– modules intended to satisfy the training proposed rule change and discussed any 2003–04, Exchange Act Release No. 34– requirement (‘‘SRO Training Modules’’). comments it received on the proposed 49054 (Jan. 12, 2004), 69 FR 2806, (Jan. From 2002 through May 2015, 15,216 rule change. The text of these statements 20, 2004); SR–NFA–2007–07, Exchange individuals have completed the SRO may be examined at the places specified Act Release 34–57142 (Jan. 14, 2008), 73 Training Modules. Of this number, in Item IV below. NFA has prepared 10,108 individuals are registered with FR 3502 (Jan. 18, 2008); SR–NFA–2009– summaries, set forth in sections A, B, FINRA (including joint registrants) and 02, Exchange Act Release 34–61284 and C below, of the most significant 5,108 individuals are registered only (Jan. 4, 2010), 75 FR 1431 (Jan. 11, 2010) aspects of such statements. with the CFTC. Most of these and SR–NFA–2014–01, Exchange Act Release No. 34–71976 (April 21, 2014), A. Self-Regulatory Organization’s individuals took the SRO Training 79 FR 23028 (April 25, 2014). Statement of the Purpose of, and Modules in the first couple of years after Statutory Basis for, the Proposed Rule SFPs began trading, and traffic has 2. Statutory Basis Change decreased since then. In 2014, only 180 registered individuals completed the The rule change is authorized by, and 1. Purpose SRO Training Modules (162 CFTC-only consistent with, Section 15A(k)(2)(D) of 5 Section 15A(k) of the Exchange Act 3 registrants). This compares with the the Exchange Act. That Section makes NFA a national securities approximately 4,000 people who took requires NFA to ‘‘have rules that ensure association for the limited purpose of the Series 3 exam last year. that members and natural persons regulating the activities of NFA Additionally, SFP volume is low. In associated with members meet such Members (‘‘Members’’) who are 2014, U.S. futures exchanges traded standards of training, experience, and registered as brokers or dealers under approximately 3.9 billion contracts, competence necessary to effect Section 15(b)(11) of the Exchange Act.4 while SFP volume was just over 8 transactions in SFPs and are tested for NFA’s Notice entitled: ‘‘NFA million—approximately 0.21% of the their knowledge of securities and Compliance Rules 2–7 and 2–24 and total. Given the limited interest in these securities futures products.’’ Although Registration Rule 401: Proficiency products, NFA believes that the proposal makes permanent the relief Requirements for Security Futures implementing a testing requirement from having to take an exam to engage Products’’ applies to all Members who does not appear to be the most practical in securities futures activities, the meet the criteria in the Interpretive solution at this time. proposal still requires individual Notice and could apply to Members Given the continued low number of registrants to complete training before registered under Section 15(b)(11) of the registrants engaging in securities futures entering into any activities. Exchange Act. activities and the low SFP volume, B. Self-Regulatory Organization’s The Commodity Futures NFA’s Board of Directors at its August Statement on Burden on Competition Modernization Act of 2000 amended the 20, 2015 meeting authorized NFA’s Securities Exchange Act of 1934 to Executive Committee to approve The proposed rule change will have require NFA to ‘‘have rules that ensure amendments to NFA’s Interpretive little or no impact on competition. The that members and natural persons Notice regarding proficiency proposed Interpretive Notice does not associated with members meet such requirements for SFPs to make impose new requirements on Members, standards of training, experience and permanent the provision permitting but rather makes permanent the competence necessary to effect registrants to satisfy their proficiency provision permitting registrants to requirement through training and qualify to engage in security futures 3 15 U.S.C. 78o–3(k). eliminating the sunset provision. NFA’s 4 15 U.S.C. 78o(b)(11). Executive Committee, as authorized by 5 15 U.S.C. 78o–3(k)(2)(D).

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activities by completing a training those that may be withheld from the proceedings to determine whether to program. public in accordance with the disapprove the proposed rule change.4 provisions of 5 U.S.C. 552, will be The Commission received no comments C. Self-Regulatory Organization’s available for Web site viewing and on the proposal. This order approves the Statement on Comments on the printing in the Commission’s Public proposed rule change. Proposed Rule Change Received From Reference Room, 100 F Street NE., Members, Participants, or Others II. The Exchange’s Description of the Washington, DC 20549 on official Proposal NFA did not publish the rule change business days between the hours of to the membership for comment. NFA 10:00 a.m. and 3:00 p.m. Copies of such The Commission approved listing and did not receive comment letters filing also will be available for trading on the Exchange of shares concerning the rule change. inspection and copying at the principal (‘‘Shares’’) of the Fund under NYSE Arca Equities Rule 5.2(j)(3), which III. Date of Effectiveness of the office of NFA. All comments received will be posted without change; the governs the listing and trading of Proposed Rule Change and Timing for Investment Company Units (‘‘Units’’).5 Commission Action Commission does not edit personal identifying information from Currently, the Shares are listed and The proposed rule change is not submissions. You should submit only traded on the Exchange. The Exchange effective because the CFTC has not yet information that you wish to make submitted this proposed rule change determined that review of the proposed available publicly. All submissions because the underlying index will be rule change is not necessary. should refer to File Number SR–NFA– changed and the index as modified At any time within 60 days of the date 2015–01, and should be submitted on or would continue not to meet the of effectiveness of the proposed rule before January 11, 2016. ‘‘generic’’ listing requirement of change, the Commission, after Commentary .02(a)(2) to NYSE Arca consultation with the CFTC, may For the Commission, by the Division of Equities Rule 5.2(j)(3) in that, as of June summarily temporarily suspend the Trading and Markets, pursuant to delegated 30, 2015, only 30.10% of the weight of authority.6 proposed rule change and require that the Revised Index components had a the proposed rule change be refiled in Robert W. Errett, minimum original principal amount accordance with the provisions of Deputy Secretary. outstanding of $100 million or more.6 Section 19(b)(1) of the Exchange Act. [FR Doc. 2015–31931 Filed 12–18–15; 8:45 am] The investment objective of the Fund BILLING CODE 8011–01–P is to seek to replicate as closely as IV. Solicitation of Comments possible, before fees and expenses, the Interested persons are invited to price and yield performance of the submit written data, views, and SECURITIES AND EXCHANGE Barclays Municipal High Yield Short arguments concerning the foregoing, COMMISSION Duration Index (‘‘Short High Yield including whether the proposed rule [Release No. 34–76645; File No. SR– Index’’ or ‘‘Index’’). The Fund is a series change is consistent with the Act. NYSEArca–2015–74] of the Market Vectors ETF Trust. Van Comments may be submitted by any of Eck Associates Corporation is the the following methods: Self-Regulatory Organizations; NYSE investment adviser and the Arca, Inc.; Order Approving a Electronic Comments Proposed Rule Change Regarding a 4 See Securities Exchange Act Release No. 76174, • Use the Commission’s Internet Change to the Underlying Index of the 80 FR 64027 (October 22, 2015). The Commission comment form (http://www.sec.gov/ Market Vectors Short High Yield determined that it was appropriate to designate a longer period within which to take action on the rules/sro.shtml); or Municipal Index ETF proposed rule change so that it has sufficient time • Send an email to rule-comments@ to consider the proposed rule change. Accordingly, sec.gov. Please include File Number SR– December 15, 2015. the Commission designated December 15, 2015 as NFA–2015–01 on the subject line. the date by which it should approve, disapprove, I. Introduction or institute proceedings to determine whether to Paper Comments On August 26, 2015, NYSE Arca, Inc. disapprove the proposed rule change. • (‘‘Exchange’’) filed with the Securities 5 See Securities Exchange Act Release No. 71232 Send paper comments in triplicate (January 3, 2014), 79 FR 1662 (January 9, 2014 (SR– to Secretary, Securities and Exchange and Exchange Commission NYSEArca–2013–118) (order approving listing and Commission, 100 F Street NE., (‘‘Commission’’), pursuant to section trading of shares of the Market Vectors Short High Washington, DC 20549–1090. 19(b)(1) of the Securities Exchange Act Yield Municipal Index ETF) (‘‘Order’’). See also 1 Securities Exchange Act Release No. 70871 All submissions should refer to File of 1934 (‘‘Exchange Act’’) and Rule 19b–4 thereunder,2 a proposed rule (November 14, 2013), 78 FR 69503 (November 19, Number SR–NFA–2015–01. This file 2013) (SR–NYSEArca–2013–118) (notice of number should be included on the change to reflect a change to the proposed rule change relating to listing and trading reference index relating to the Market of shares of the Market Vectors Short High Yield subject line if email is used. To help the Municipal Index ETF and, together with the Order, Commission process and review your Vectors Short High Yield Municipal Index ETF (‘‘Fund’’). The Commission the ‘‘Release’’). The Exchange submitted that comments more efficiently, please use proposed rule change to permit listing and trading only one method. The Commission will published notice of the proposed rule of the Shares because the index underlying the change in the Federal Register on Fund did not meet all of the ‘‘generic’’ listing post all comments on the Commission’s 3 requirements of Commentary .02(a) to NYSE Arca Internet Web site (http://www.sec.gov/ September 16, 2015. On October 16, 2015, the Commission designated a Equities Rule 5.2(j)(3) that are applicable to the rules/sro.shtml). Copies of the listing of Units based on fixed income securities submission, all subsequent longer period within which to approve indexes. More specifically, the Index met all of the criteria except for those set forth in Commentary amendments, all written statements the proposed rule change, disapprove the proposed rule change, or institute .02(a)(2), which requires that components that in with respect to the proposed rule the aggregate account for at least 75% of the weight change that are filed with the of the index or portfolio each shall have a minimum 6 17 CFR 200.30–3(a)(12). Commission, and all written original principal amount outstanding of $100 1 15 U.S.C. 78s(b)(1). million or more. communications relating to the 2 17 CFR 240.19b–4. 6 The Exchange states that the other generic proposed rule change between the 3 See Securities Exchange Act Release No. 75888 listing criteria are satisfied. See Notice, supra note Commission and any person, other than (September 10, 2015), 80 FR 55701 (‘‘Notice’’). 3, 80 FR at 55703.

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administrator for the Fund. Van Eck Deal Size Index must have an rating must be A1/A+, A2/A, or A3/A¥. Securities Corporation is the Fund’s outstanding par value of at least $3 The bonds must have an outstanding distributor. The Bank of New York million and be issued as part of a par value of at least $7 million and be Mellon is the custodian of the Fund’s transaction of at least $100 million.7 issued as part of a transaction of at least assets and provides transfer agency and • 25% weight in Muni High Yield/ $75 million. Remarketed issues will not fund accounting services to the Fund. Under $100 Million Deal Size Index. To be allowed in the benchmark. All bonds be included in the Muni High Yield/ A. The Current Index must have a fixed rate, a dated-date (i.e., Under $100 Million Deal Size Index, the date when interest begins to accrue) The Index is a market-size-weighted bonds must be unrated or rated Ba1/BB+ after December 31, 1990, and a nominal index composed of publicly traded or lower by at least two of the following maturity of 1 to 12 years. Taxable municipal bonds that cover the U.S. rating agencies, if all three rate the municipal bonds, bonds with floating dollar-denominated high-yield short- bond: Moody’s, S&P, and Fitch. If only rates, and derivatives will be excluded term tax-exempt bond market. A two of the three agencies rate the from the Revised Index. majority of the Index’s constituents are security, the lower rating is used to The composition of the Revised Index from the revenue sector, with some determine index eligibility. If only one will be rebalanced monthly. Interest and constituents being from the general of the three agencies rates a security, the principal payments earned by the obligation sector. The revenue sector is rating must be Ba1/BB+ or lower. Bonds component securities will be held in the divided into industry sectors that in the Muni High Yield/Under $100 Revised Index without a reinvestment consist of, but may not be limited to, Million Deal Size Index must have an return until month end, when they are electric, health care, transportation, outstanding par value of at least $3 removed from the Revised Index. education, water and sewer, resource million and be issued as part of a Total returns will be calculated based recovery, leasing, and special tax. The transaction of under $100 million but on the sum of price changes, gain/loss Index is calculated using a market-value over $20 million.8 on repayments of principal, and weighting methodology, provided that • 25% weight in Muni Baa-Rated/ coupons received or accrued, expressed the allocation to issuers from the $100 Million Deal Size Index. To be as a percentage of beginning market territories of the United States, included in the Muni Baa-Rated/$100 value. The Revised Index will be including: Puerto Rico, Guam, the U.S. Million Deal Size Index, bonds must calculated and made available once a Virgin Islands, American Samoa and the have a Barclays credit-quality day. Northern Mariana Islands, each classification between Baa1/BBB+ and As of June 30, 2015, 69.73% of the individually does not exceed 8%. Baa3/BBB¥. Barclays credit-quality weight of the Revised Index components B. The Revised Index classification is based on the three was composed of individual maturities rating agencies, Moody’s, S&P, and that were part of an entire municipal The Index Provider plans to revise the Fitch. If two of the three agencies rate bond offering with a minimum original Index methodology as follows. The the bond equivalently, then that rating principal amount outstanding of $100 revised Short High Yield Index is used. If all three rate the bond million or more for all maturities of the (‘‘Revised Index’’) will have a targeted differently, the middle rating is used. If offering. In addition, the total dollar 40% weight in the Muni High Yield/ only two of the three agencies rate the amount outstanding of issues in the $100 Million Deal Size Index (reduced security, the lower rating is used to Revised Index was approximately from a 50% weight). In addition, the determine index eligibility. If only one $224.6 billion, and the average dollar Revised Index will have a 10% weight of the three agencies rates a security, the amount outstanding of issues in the in the Muni A-Rated Index, which rating must be Baa1/BBB+, Baa2/BBB, Index was approximately $23.7 million. comprises investment grade or Baa3/BBB¥. The bonds must have an Further, the most heavily weighted components, as described below. The outstanding par value of at least $7 component represents 2.44% of the Revised Index will continue to have a million and be issued as part of a weight of the Revised Index, and the 25% weight in the Muni High Yield/ transaction of at least $100 million.9 five most heavily weighted components Under $100 Million Deal Size Index and • 10% weight in Muni A-Rated Index. represent 9.47% of the weight of the a 25% weight in the Muni Baa-Rated/ To be included in the Muni A-Rated Revised Index.10 $100 Million Deal Size Index, as Index, bonds must have a Barclays The Exchange believes that the described in the Release. credit-quality classification between A1/ The Revised Index will comprise four Revised Index is sufficiently broad- A+ and A3/A¥. The Barclays credit- based to deter potential manipulation, total-return, market-size-weighted quality classification is based on the benchmark indexes with target weights notwithstanding that the Revised Index three rating agencies, Moody’s, S&P, and does not satisfy the criterion in NYSE as follows: Fitch. If two of the three agencies rate • 40% weight in Muni High Yield/ Arca Equities Rule 5.2(j)(3), the bond equivalently, then that rating $100 Million Deal Size Index. To be Commentary .02 (a)(2), because it is is used. If all three rate the bond included in the Muni High Yield/$100 composed of approximately 9,481 issues differently, the middle rating is used. If Million Deal Size Index, bonds must be and 900 unique issuers. The Exchange only two of the three agencies rate the unrated or rated Ba1/BB+ or lower by at also believes that the Revised Index security, the lower rating is used to least two of the following rating securities are sufficiently liquid to deter determine index eligibility. If only one agencies, if all three rate the bond: potential manipulation in that a of the three agencies rates a security, the Moody’s Investors Service, Inc. substantial portion (69.73%) of the (‘‘Moody’s’’), Standard & Poor’s, Inc. 7 As described in the Release, currently 50% of 10 Commentary .02(a)(4) to NYSE Arca Equities (‘‘S&P’’), and Fitch, Inc. (‘‘Fitch’’). If the Index weight is in the Muni High Yield/$100 Rule 5.2(j)(3) provides that no component fixed- only two of the three agencies rate the Million Deal Size Index. income security (excluding Treasury Securities and security, the lower rating is used to 8 The 25% weighting in the Muni High Yield/ GSE Securities, as defined therein) shall represent determine index eligibility. If only one Under $100 Million Deal Size Index is identical to more than 30% of the weight of the index or the weighting set forth in the Release. portfolio, and the five most heavily weighted of the three agencies rates a security, the 9 The 25% weighting in the Muni Baa-Rated/$100 component fixed-income securities in the index or rating must be Ba1/BB+ or lower. Bonds Million Deal Size Index is identical to the weighting portfolio shall not in the aggregate account for more in the Muni High Yield/$100 Million set forth in the Release. than 65% of the weight of the index or portfolio.

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Revised Index weight is composed of The value of the Revised Index will be Revised Index components than for maturities that are part of a minimum widely disseminated by one or more Index components.19 original principal amount outstanding major market data vendors at least once The Commission notes that the of $100 million or more, and in view of per day, as required by NYSE Arca Exchange represents that: (1) The Shares the substantial total dollar amount Equities Rule 5.2(j)(3), Commentary and the Revised Index satisfy all of the outstanding and the average dollar .02(b)(ii). The IIV for the Shares will be requirements for generic listing amount outstanding of Revised Index disseminated by one or more major standards under NYSE Arca Equities issues, as referenced above. In addition, market data vendors, updated at least Rule 5.2(j)(3) except for Commentary the Exchange notes that the average every 15 seconds during the Exchange’s .02(a)(2) to NYSE Arca Equities Rule daily notional trading volume for Core Trading Session, as required by 5.2(j)(3); and (2) except as noted, all Revised Index components for the NYSE Arca Equities Rule 5.2(j)(3), other representations made in support period from June 30, 2014 to June 30, Commentary .02(c). of the Release remain unchanged. 2015 was approximately $323.6 million, For the foregoing reasons, the III. Discussion and Commission and the sum of the notional trading Commission finds that the proposed Findings volumes for the same period was $82.2 rule change is consistent with section billion. After careful review, the Commission 6(b)(5) of the Exchange Act 20 and the The Revised Index value, calculated finds that the Exchange’s proposal to rules and regulations thereunder and disseminated at least once daily, as permit the Fund to track the Revised applicable to a national securities well as the components of the Revised Index is consistent with the Exchange exchange. Index and their percentage weighting, Act and the rules and regulations IV. Conclusion will be available from major market data thereunder applicable to a national It is therefore ordered, pursuant to vendors. In addition, the portfolio of securities exchange.14 In particular, the section 19(b)(2) of the Exchange Act,21 securities held by the Fund will be Commission finds that the proposed that the proposed rule change (SR– disclosed daily on the Fund’s Web site rule change is consistent with section NYSEArca–2015–74), be, and it hereby at www.marketvectorsetfs.com. 6(b)(5) of the Exchange Act,15 which The Exchange represents that: (1) requires, among other things, that the is, approved. Except for Commentary .02(a)(2) to Exchange’s rules be designed to promote For the Commission, by the Division of NYSE Arca Equities Rule 5.2(j)(3), the just and equitable principles of trade, to Trading and Markets, pursuant to delegated 22 Shares currently satisfy all of the remove impediments to and perfect the authority. generic listing standards under NYSE mechanism of a free and open market Robert W. Errett, Arca Equities Rule 5.2(j)(3); (2) the and a national market system, and, in Deputy Secretary. continued listing standards under NYSE general, to protect investors and the [FR Doc. 2015–31932 Filed 12–18–15; 8:45 am] Arca Equities Rules 5.2(j)(3) and public interest. BILLING CODE 8011–01–P 5.5(g)(2) applicable to Units shall apply The Commission believes that the to the Shares; and (3) the Trust is Revised Index is unlikely to be more required to comply with Rule 10A–3 susceptible to manipulation than the SECURITIES AND EXCHANGE under the Act 11 for the initial and existing Index. The weight of the COMMISSION continued listing of the Shares. In Revised Index components with a [Release No. 34–76657; File No. SR–Phlx– addition, the Exchange represents that minimum original principal amount 2015–104] the Shares will comply with all other outstanding of $100 million or more was requirements applicable to Units 30.10% as of June 30, 2015,16 which is Self-Regulatory Organizations; including, but not limited to, heavier than the weight of such NASDAQ OMX PHLX LLC; Notice of requirements relating to the components in the Index as of Filing and Immediate Effectiveness of dissemination of key information such November 27, 2012.17 Additionally, the Proposed Rule Change To Delete Rule as the value of the Revised Index and number of components and the number 108 the applicable Intraday Indicative Value of unique issuers is greater for the December 15, 2015. (‘‘IIV’’); 12 rules governing the trading of Revised Index than for the Index.18 Pursuant to Section 19(b)(1) of the equity securities, trading hours, trading Further, the average daily notional Securities Exchange Act of 1934 halts, surveillance, and the Information trading volume was much greater for (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Bulletin to Equity Trading Permit notice is hereby given that on December Holders (‘‘ETP Holders’’), as set forth in approving generic listing standards for Units and 9, 2015, NASDAQ OMX PHLX LLC Exchange rules applicable to Units; and Portfolio Depositary Receipts); 41983 (October 6, (‘‘Phlx’’ or ‘‘Exchange’’) filed with the prior Commission orders approving the 1999), 64 FR 56008 (October 15, 1999) (SR–PCX– 98–29) (order approving rules for listing and trading Securities and Exchange Commission generic listing rules applicable to the of Units). (‘‘SEC’’ or ‘‘Commission’’) the proposed listing and trading of Units.13 14 In approving this proposed rule change, the rule change as described in Items I, II, Commission has considered the proposed rule’s 11 17 CFR 240.10A–3. impact on efficiency, competition, and capital 19 Between June 30, 2014, and June 30, 2015, the 12 The IIV will be widely disseminated by one or formation. See 15 U.S.C. 78c(f). 15 average daily notional trading volume for Revised more major market data vendors at least every 15 15 U.S.C. 78f(b)(5). Index components was approximately $323.6 seconds during the Exchange’s Core Trading 16 See Notice, supra note 3, 80 FR at 55703. million. See Notice, supra note 3, 80 FR at 55704. Session of 9:30 a.m. to 4:00 p.m., Eastern time. 17 See Order, supra note 4, 79 FR at 1663–4 (‘‘only The average daily notional trading volume for Index Currently, it is the Exchange’s understanding that 15.66% of the weight of the Index components, as components between October 31, 2011, and October several major market data vendors display or make of November 27, 2012, had a minimum original 31, 2012 was $2,839,895. See Securities Exchange widely available IIVs taken from the Consolidated principal amount outstanding of $100 million or Act Release No. 71232, supra note 4, 78 FR at Tape Association or other data feeds. more’’). 69505. 13 See, e.g., Securities Exchange Act Release Nos. 18 As of June 30, 2015, the Revised Index was 20 15 U.S.C. 78f(b)(5). 55783 (May 17, 2007), 72 FR 29194 (May 24, 2007) composed of 9,481 issues and 900 unique issuers. 21 (SR–NYSEArca–2007–36) (order approving NYSE See Notice, supra note 3, 80 FR at 55704. As of 15 U.S.C. 78s(b)(2). Arca generic listing standards for Units based on a November 27, 2012, the Index was composed of 22 17 CFR 200.30–3(a)(12). fixed income index); 44551 (July 12, 2001), 66 FR 1,935 issues and 530 unique issuers. See Order, 1 15 U.S.C. 78s(b)(1). 37716 (July 19, 2001) (SR–PCX–2001–14) (order supra note 4, 79 FR at 1664. 2 17 CFR 240.19b–4.

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and III, below, which Items have been Instead, the Exchange relies on a III. Date of Effectiveness of the prepared by the Exchange. The number of other rules to ensure that the Proposed Rule Change and Timing for Commission is publishing this notice to options trading floor operates in a fair Commission Action solicit comments on the proposed rule and orderly manner. Specifically, Rules Because the foregoing proposed rule change from interested persons. 110 and 1000(g) provide that bids and change does not: (i) Significantly affect I. Self-Regulatory Organization’s offers must be made in an audible tone the protection of investors or the public Statement of the Terms of Substance of of voice. In addition, Options Floor interest; (ii) impose any significant the Proposed Rule Change Procedure Advice C–7(b) provides that burden on competition; and (iii) become a Floor Broker must be loud and audible operative for 30 days from the date on The Exchange proposes to delete Rule when representing a market and/or which it was filed, or such shorter time 108, Bids and Offers to Be Made Within representing an order in the trading as the Commission may designate, it has Six Feet of Post. crowd. A Floor Broker must make become effective pursuant to Section The text of the proposed rule change reasonable efforts to position himself in 19(b)(3)(A)(iii) of the Act 6 and is below; proposed new language is in the trading crowd to be heard by the subparagraph (f)(6) of Rule 19b–4 italics; proposed deletions are in thereunder.7 brackets. majority of the trading crowd. A number of other provisions also refer to similar At any time within 60 days of the * * * * * requirements, such as the loud and filing of the proposed rule change, the Rule 108. Reserved. [Bids and Offers to audible requirement.3 Commission summarily may temporarily suspend such rule change if Be Made Within Six Feet of Post Accordingly, the Exchange believes it appears to the Commission that such that the rules relating to exposing orders All bids and offers in any security on action is: (i) Necessary or appropriate in in the options trading crowd in an the floor shall be made within six feet the public interest; (ii) for the protection audible manner are sufficient and that of the post assigned to such security by of investors; or (iii) otherwise in the Exchange.] Rule 108 can be deleted. furtherance of the purposes of the Act. * * * * * 2. Statutory Basis If the Commission takes such action, the II. Self-Regulatory Organization’s Commission shall institute proceedings Statement of the Purpose of, and The Exchange believes that its to determine whether the proposed rule Statutory Basis for, the Proposed Rule proposal is consistent with Section 6(b) should be approved or disapproved. 4 Change of the Act in general, and furthers the objectives of Section 6(b)(5) of the Act 5 IV. Solicitation of Comments In its filing with the Commission, the in particular, in that it is designed to Interested persons are invited to Exchange included statements promote just and equitable principles of submit written data, views, and concerning the purpose of and basis for trade and to protect investors and the arguments concerning the foregoing, the proposed rule change and discussed public interest by making clear that the including whether the proposed rule any comments it received on the bids and offers made on the options change is consistent with the Act. proposed rule change. The text of these trading floor are not subject to a ‘‘six Comments may be submitted by any of statements may be examined at the foot’’ rule but rather to the requirement the following methods: places specified in Item IV below. The that bids and offers occur in a loud and Exchange has prepared summaries, set Electronic Comments audible fashion. This should promote forth in sections A, B, and C below, of • Use the Commission’s Internet just and equitable principles of trade by the most significant aspects of such comment form (http://www.sec.gov/ helping ensure maximum participation statements. rules/sro.shtml); or from the trading crowd, including the • Send an email to rule-comments@ A. Self-Regulatory Organization’s opportunity for price improvement. The sec.gov. Please include File Number SR– Statement of the Purpose of, and opportunity for price improvement Phlx–2015–104 on the subject line. Statutory Basis for, the Proposed Rule should, in turn, protect investors and Change the public interest. Paper Comments • 1. Purpose B. Self-Regulatory Organization’s Send paper comments in triplicate to Secretary, Securities and Exchange Statement on Burden on Competition The Exchange proposes to update its Commission, 100 F Street NE., rules to delete Rule 108, Bids and Offers Washington, DC 20549–1090. to Be Made Within Six Feet of Post. The Exchange does not believe that Rule 108 applied to both the equity and the proposed rule change will impose All submissions should refer to File options trading floors for a long time. any burden on competition not Number SR–Phlx–2015–104. This file Now, there is no equity trading floor necessary or appropriate in furtherance number should be included on the and the options trading floor is of the purposes of the Act. The proposal subject line if email is used. To help the configured in a way that this provision applies equally to all participants in the Commission process and review your does not make sense. The number of options trading crowd. comments more efficiently, please use only one method. The Commission will people on the options floor has C. Self-Regulatory Organization’s decreased over time due to increased post all comments on the Commission’s Statement on Comments on the Internet Web site (http://www.sec.gov/ automation such that the layout of the Proposed Rule Change Received From floor is more compact. The Exchange Members, Participants, or Others 6 15 U.S.C. 78s(b)(3)(A)(iii). does not believe that the number of feet 7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– is the relevant measure of where bids No written comments were either 4(f)(6) requires a self-regulatory organization to give and offers should be made, because the solicited or received. the Commission written notice of its intent to file number of feet is not determinative of the proposed rule change at least five business days prior to the date of filing of the proposed rule whether crowd participants are aware of 3 See Rules 1014(g)(v)(D)(1)(a) and 1064(a)(i). change, or such shorter time as designated by the and can reasonably participate in crowd 4 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this trades. 5 15 U.S.C. 78f(b)(5). requirement.

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rules/sro.shtml). Copies of the solicit comments on the proposed rule Charter with the Secretary of State of the submission, all subsequent change from interested persons. State of Delaware to amend Article First amendments, all written statements of the Charter to reflect the new name.4 I. Self-Regulatory Organization’s with respect to the proposed rule In addition, the Exchange proposes to Statement of the Terms of the Substance change that are filed with the amend the title and Article I(k) of the of the Proposed Rule Change Commission, and all written By-Laws to reflect the new name. The communications relating to the The Exchange is filing this proposed Exchange also proposes to amend the proposed rule change between the rule change with respect to amendments first paragraph of the By-Laws to refer Commission and any person, other than of its Certificate of Formation (the to the Exchange’s Second Amended those that may be withheld from the ‘‘Charter’’), By-Laws (the ‘‘By-Laws’’) Limited Liability Company Agreement, public in accordance with the and First Amended Limited Liability which it will enter into in connection provisions of 5 U.S.C. 552, will be Company Agreement (the ‘‘LLC with the name change and which will available for Web site viewing and Agreement’’) to change its name to replace the current LLC Agreement. printing in the Commission’s Public NASDAQ PHLX LLC. The proposed With respect to the current LLC Reference Room, 100 F Street NE., amendments will be implemented on a Agreement, the Exchange proposes to Washington, DC 20549, on official date designated by the Exchange, which amend the title, the first paragraph, the business days between the hours of shall be at least 30 days from the date recitals and the signature page to reflect 10:00 a.m. and 3:00 p.m. Copies of the of this filing. The text of the proposed the Exchange’s proposed name change, filing also will be available for rule change is available on the the Parent’s recent name change and the inspection and copying at the principal Exchange’s Web site at http:// entry by the Parent into the Second office of the Exchange. All comments nasdaqomxphlx.cchwallstreet.com, at Amended Limited Liability Company received will be posted without change; the principal office of the Exchange, and Agreement to effectuate both of the the Commission does not edit personal at the Commission’s Public Reference aforementioned changes. The Exchange identifying information from Room. also proposes to update section 1 and submissions. You should submit only Schedule A to reflect its proposed name II. Self-Regulatory Organization’s information that you wish to make change, sections 13 and 17 to use the Statement of the Purpose of, and available publicly. All submissions defined term ‘‘Stockholder’’ for the Statutory Basis for, the Proposed Rule should refer to File Number SR–Phlx– Parent and Schedules A and B to reflect Change 2015–104 and should be submitted on the Parent’s recent name change. or before January 11, 2016. In its filing with the Commission, the 2. Statutory Basis For the Commission, by the Division of Exchange included statements Trading and Markets, pursuant to delegated concerning the purpose of and basis for The Exchange believes that its authority.8 the proposed rule change and discussed proposal is consistent with section 6(b) Robert W. Errett, any comments it received on the of the Act,5 in general, and furthers the 6 Deputy Secretary. proposed rule change. The text of these objectives of section 6(b)(5) of the Act, [FR Doc. 2015–31928 Filed 12–18–15; 8:45 am] statements may be examined at the in particular, in that it is designed to promote just and equitable principles of BILLING CODE 8011–01–P places specified in Item IV below. The Exchange has prepared summaries, set trade, to remove impediments to and forth in sections A, B, and C below, of perfect the mechanism of a free and SECURITIES AND EXCHANGE the most significant aspects of such open market and a national market COMMISSION statements. system, and, in general to protect investors and the public interest. The [Release No. 34–76654; File No. SR–Phlx– A. Self-Regulatory Organization’s Exchange is proposing amendments to 2015–105] Statement of the Purpose of, and its Charter, By-Laws and LLC Statutory Basis for, the Proposed Rule Agreement to effectuate its name change Self-Regulatory Organizations; Change NASDAQ OMX PHLX LLC; Notice of to NASDAQ PHLX LLC and to reflect Filing and Immediate Effectiveness of 1. Purpose the Parent’s recent name change to Proposed Rule Change To Amend the As part of an ongoing global Nasdaq, Inc. The Exchange believes that Exchange’s Certificate of Formation, rebranding initiative, the Exchange’s the changes will protect investors and By-Laws and First Amended Limited parent company and sole member (the the public interest by eliminating Liability Company Agreement ‘‘Parent’’) recently changed its legal confusion that may exist because of name from The NASDAQ OMX Group, differences between its corporate name December 15, 2015. Inc. to Nasdaq, Inc.3 For purposes of and the current global branding of the Pursuant to section 19(b)(1) of the consistency, the Parent also has decided Parent and its affiliated entities, Securities Exchange Act of 1934 including the Exchange. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 to change the legal names of certain of notice is hereby given that on December its subsidiaries to eliminate references B. Self-Regulatory Organization’s 9, 2015, NASDAQ OMX PHLX LLC to OMX. The Exchange therefore Statement on Burden on Competition (‘‘Phlx’’ or ‘‘Exchange’’) filed with the proposes to amend its Charter, By-Laws Because the proposed rule change Securities and Exchange Commission and LLC Agreement to change its legal relates to the governance and not to the (‘‘SEC’’ or ‘‘Commission’’) the proposed name from NASDAQ OMX PHLX LLC operations of the Exchange, the rule change as described in Items I, II, to NASDAQ PHLX LLC. and III, below, which Items have been Specifically, the Exchange proposes to 4 On the Exchange’s Web site (http:// prepared by the Exchange. The file a Certificate of Amendment to its nasdaqomxphlx.cchwallstreet.com), the Certificate Commission is publishing this notice to of Formation and Certificate of Amendment will 3 See Securities Exchange Act Release No. 75421 appear as two separate documents, which is (July 10, 2015), 80 FR 42136 (July 16, 2015) (SR– consistent with how they will appear in the records 8 17 CFR 200.30–3(a)(12). BSECC–2015–001, SR–BX–2015–030, SR– of the Secretary of State of the State of Delaware. 1 15 U.S.C. 78s(b)(1). NASDAQ–2015–058, SR–Phlx–2015–46, SR–SCCP– 5 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. 2015–01). 6 15 U.S.C. 78f(b)(5).

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Exchange does not believe that the number should be included on the likely to cause a loss of consciousness proposed rule change will impose any subject line if email is used. To help the or any loss of ability to operate a burden on competition not necessary or Commission process and review your commercial motor vehicle (CMV) in appropriate in furtherance of the comments more efficiently, please use interstate commerce. The regulation and purposes of the Act. only one method. The Commission will the associated advisory criteria post all comments on the Commission’s published in the Code of Federal C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ Regulations as the ‘‘Instructions for Statement on Comments on the rules/sro.shtml). Copies of the Performing and Recording Physical Proposed Rule Change Received From submission, all subsequent Examinations’’ have resulted in Members, Participants, or Others amendments, all written statements numerous drivers being prohibited from No written comments were either with respect to the proposed rule operating CMVs in interstate commerce solicited or received. change that are filed with the based on the fact that they have had one III. Date of Effectiveness of the Commission, and all written or more seizures and are taking anti- Proposed Rule Change and Timing for communications relating to the seizure medication, rather than an Commission Action proposed rule change between the individual analysis of their Commission and any person, other than circumstances by a qualified medical Because the foregoing proposed rule those that may be withheld from the examiner. If granted, the exemptions change does not: (i) Significantly affect public in accordance with the would enable these individuals who the protection of investors or the public provisions of 5 U.S.C. 552, will be have had one or more seizures and are interest; (ii) impose any significant available for Web site viewing and taking anti-seizure medication to burden on competition; and (iii) become printing in the Commission’s Public operate CMVs for up to 2 years in operative for 30 days from the date on Reference Room, 100 F Street NE., interstate commerce. which it was filed, or such shorter time Washington, DC 20549 on official DATES: Comments must be received on as the Commission may designate, it has business days between the hours of or before January 20, 2016. become effective pursuant to section 10:00 a.m. and 3:00 p.m. Copies of such 19(b)(3)(A)(iii) of the Act 7 and ADDRESSES: You may submit comments filing also will be available for bearing the Federal Docket Management subparagraph (f)(6) of Rule 19b–4 inspection and copying at the principal 8 System (FDMS) Docket ID FMCSA– thereunder. offices of the Exchange. All comments At any time within 60 days of the 2015–0320 using any of the following received will be posted without change; methods: filing of the proposed rule change, the the Commission does not edit personal • Commission summarily may Federal eRulemaking Portal: Go to identifying information from www.regulations.gov. Follow the on-line temporarily suspend such rule change if submissions. You should submit only it appears to the Commission that such instructions for submitting comments. information that you wish to make • Mail: Docket Management Facility; action is: (i) Necessary or appropriate in available publicly. All submissions the public interest; (ii) for the protection U.S. Department of Transportation, 1200 should refer to File Number SR–Phlx– New Jersey Avenue SE., West Building of investors; or (iii) otherwise in 2015–105, and should be submitted on furtherance of the purposes of the Act. Ground Floor, Room W12–140, or before January 11, 2016. Washington, DC 20590–0001. If the Commission takes such action, the • Commission shall institute proceedings For the Commission, by the Division of Hand Delivery or Courier: West to determine whether the proposed rule Trading and Markets, pursuant to delegated Building Ground Floor, Room W12–140, authority.9 should be approved or disapproved. 1200 New Jersey Avenue SE., Robert W. Errett, Washington, DC, between 9 a.m. and 5 IV. Solicitation of Comments Deputy Secretary. p.m., Monday through Friday, except Interested persons are invited to [FR Doc. 2015–31925 Filed 12–18–15; 8:45 am] Federal Holidays. • submit written data, views, and BILLING CODE 8011–01–P Fax: 1–202–493–2251. arguments concerning the foregoing, Each submission must include the including whether the proposed rule Agency name and the docket ID for this change is consistent with the Act. DEPARTMENT OF TRANSPORTATION Notice. Note that DOT posts all Comments may be submitted by any of comments received without change to the following methods: Federal Motor Carrier Safety www.regulations.gov, including any Administration personal information included in a Electronic Comments comment. Please see the Privacy Act [Docket No. FMCSA–2015–0320] • Use the Commission’s Internet heading below. Docket: For access to the docket to comment form (http://www.sec.gov/ Qualification of Drivers; Exemption read background documents or rules/sro.shtml); or Applications; Epilepsy and Seizure • comments, go to www.regulations.gov, Send an email to rule-comments@ Disorders sec.gov. Please include File Number SR– at any time or Room W12–140 on the Phlx–2015–105 on the subject line. AGENCY: Federal Motor Carrier Safety ground level of the West Building, 1200 Administration (FMCSA), DOT. New Jersey Avenue SE., Washington, Paper Comments ACTION: DC, between 9 a.m. and 5 p.m., Monday • Notice of applications for Send paper comments in triplicate exemptions; request for comments. through Friday, except Federal holidays. to Secretary, Securities and Exchange The FDMS is available 24 hours each Commission, 100 F Street NE., SUMMARY: FMCSA announces receipt of day, 365 days each year. If you want Washington, DC 20549–1090. applications from 17 individuals for an acknowledgment that we received your All submissions should refer to File exemption from the prohibition against comments, please include a self- Number SR–Phlx–2015–105. This file persons with a clinical diagnosis of addressed, stamped envelope or epilepsy or any other condition that is postcard or print the acknowledgement 7 15 U.S.C. 78s(b)(3)(A)(iii). page that appears after submitting 8 17 CFR 240.19b–4(f)(6). 9 17 CFR 200.30–3(a)(12). comments on-line.

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Privacy Act: In accordance with 5 the results of the examination are search box insert the docket number U.S.C. 553(c), DOT solicits comments negative and anti-seizure medication is ‘‘FMCSA–2015–0320’’ and click from the public to better inform its not required, then the driver may be ‘‘Search.’’ Next, click ‘‘Open Docket rulemaking process. DOT posts these qualified. Folder’’ and you will find all documents comments, without edit, including any In those individual cases where a and comments related to the proposed personal information the commenter driver had a seizure or an episode of rulemaking. loss of consciousness that resulted from provides, to www.regulations.gov, as Summary of Applications described in the system records notice a known medical condition (e.g., drug (DOT/ALL–14 FDMS), which can be reaction, high temperature, acute James E. Allen reviewed at www.dot.gov/privacy. infectious disease, dehydration, or acute Mr. Allen is a 48 year-old driver in FOR FURTHER INFORMATION CONTACT: metabolic disturbance), certification Maine. He has a history of a seizure Christine A. Hydock, Chief, Medical should be deferred until the driver has disorder and has remained seizure free Programs Division, (202) 366–4001, or recovered fully from that condition, has since 1992. He takes anti-seizure via email at [email protected], or no existing residual complications, and medication with the dosage and by letter to FMCSA, Room W64–113, is not taking anti-seizure medication. frequency remaining the same since Department of Transportation, 1200 Drivers who have a history of epilepsy/ 2003. His physician states that he is New Jersey Avenue SE., Washington, seizures, off anti-seizure medication and supportive of Mr. Allen receiving an DC 20590–0001. Office hours are from seizure-free for 10 years, may be exemption. 8:30 a.m. to 5 p.m., Monday through qualified to operate a CMV in interstate Richard A. Bailey Friday, except Federal holidays. commerce. Interstate drivers with a history of a single unprovoked seizure SUPPLEMENTARY INFORMATION: Mr. Bailey is a 65 year-old class A may be qualified to drive a CMV in CDL holder in Iowa. He has a history of Background interstate commerce if seizure-free and a seizure disorder and has remained off anti-seizure medication for a 5-year Under 49 U.S.C. 31315 and 31136(e), seizure free since 2009. He takes anti- period or more. FMCSA may grant an exemption for up seizure medication with the dosage and to a 2-year period if it finds ‘‘such Submitting Comments frequency remaining the same since that time. His physician states that he is exemption would likely achieve a level You may submit your comments and supportive of Mr. Bailey receiving an of safety that is equivalent to or greater material online or by fax, mail, or hand exemption. than the level that would be achieved delivery, but please use only one of absent such exemption.’’ The statutes these means. FMCSA recommends that Thomas A. DeAngelo allow the Agency to renew exemptions you include your name and a mailing Mr. DeAngelo is a 43 year-old class A at the end of the 2-year period. The 17 address, an email address, or a phone individuals listed in this notice have CDL holder in Illinois. He has a history number in the body of your document of a seizure disorder and has remained requested an exemption from the so that FMCSA can contact you if there epilepsy prohibition in 49 CFR seizure free since 1990. He takes anti- are questions regarding your seizure medication with the dosage and 391.41(b)(8), which applies to drivers submission. To submit your comment who operate CMVs as defined in 49 CFR frequency remaining the same since online, go to http://www.regulations.gov 1998. His physician states that he is 390.5, in interstate commerce. Section and in the search box insert the docket 391.41(b)(8) states that a person is supportive of Mr. DeAngelo receiving an number ‘‘FMCSA–2015–0320’’ and click exemption. physically qualified to drive a CMV if the search button. When the new screen that person has no established medical appears, click on the blue ‘‘Comment Nathan Dermer history or clinical diagnosis of epilepsy Now!’’ button on the right hand side of Mr. Dermer is a 40 year-old driver in or any other condition which is likely the page. On the new page, enter Alaska. He has a history of a benign to cause the loss of consciousness or any information required including the brain tumor removal in 1991 and a loss of ability to control a CMV. specific section of this document to single seizure in 1994. He takes anti- FMCSA provides medical advisory which each comment applies, and seizure medication with the dosage and criteria for use by medical examiners in provide a reason for each suggestion or frequency remaining the same since that determining whether drivers with recommendation. If you submit your time. His physician states that he is certain medical conditions should be comments by mail or hand delivery, supportive of Mr. Dermer receiving an certified to operate CMVs in intrastate submit them in an unbound format, no exemption. commerce. The advisory criteria larger than 81⁄2 by 11 inches, suitable for indicate that if an individual has had a copying and electronic filing. If you Daniel Lloyd Halstead sudden episode of a non-epileptic submit comments by mail and would Mr. Halstead is a 63 year-old class A seizure or loss of consciousness of like to know that they reached the CDL holder in Nevada. He has a history unknown cause that did not require facility, please enclose a stamped, self- of a seizure disorder and has remained anti-seizure medication, the decision addressed postcard or envelope. We will seizure free since 1973. He takes anti- whether that person’s condition is likely consider all comments and material seizure medication with the dosage and to cause the loss of consciousness or received during the comment period frequency remaining the same since loss of ability to control a CMV should and may change this proposed rule 2005. His physician states that he is be made on an individual basis by the based on your comments. FMCSA may supportive of Mr. Halstead receiving an medical examiner in consultation with issue a final rule at any time after the exemption. the treating physician. Before close of the comment period. certification is considered, it is Kevin Mathis suggested that a 6-month waiting period Viewing Comments and Documents Mr. Mathis is a 29 year-old driver in elapse from the time of the episode. To view comments, as well as any New Jersey. He has a history of juvenile Following the waiting period, it is documents mentioned in this preamble, myoclonic epilepsy and has remained suggested that the individual have a To submit your comment online, go to seizure free since 2003. He takes anti- complete neurological examination. If http://www.regulations.gov and in the seizure medication with the dosage and

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frequency remaining the same since that Chad Riemenschneider Dated: December 9, 2015. time. His physician states that he is Larry W. Minor, supportive of Mr. Mathis receiving an Mr. Riemenschneider is a 35 year-old Associate Administrator for Policy. driver in Texas. He has a history of a exemption. [FR Doc. 2015–31978 Filed 12–18–15; 8:45 am] single seizure in 2011 related to a brain Toriano T. Mitchell tumor. He takes anti-seizure medication BILLING CODE 4910–EX–P Mr. Mitchell is a 32 year-old class B with the dosage and frequency CDL holder in Ohio. He has a history of remaining the same since that time. His DEPARTMENT OF TRANSPORTATION a seizure disorder and has remained physician states that he is supportive of seizure free since 2003. He takes anti- Mr. Riemenschneider receiving an Federal Motor Carrier Safety seizure medication with the dosage and exemption. Administration frequency remaining the same since that Isaac E. Rogers time. His physician states that he is [FMCSA Docket No. FMCSA–2015–0066] supportive of Mr. Mitchell receiving an Mr. Rogers is a 29 year-old class A exemption. CDL holder in Illinois. He has a history Qualification of Drivers; Exemption of a seizure disorder and has remained Applications; Diabetes Mellitus Thomas A. Mitman seizure free since 2009. He takes anti- AGENCY: Federal Motor Carrier Safety Mr. Mitman is a 58 year-old class A seizure medication with the dosage and Administration (FMCSA), DOT CDL holder in New York. He has a frequency remaining the same since that history of a seizure disorder and has time. His physician states that he is ACTION: Notice of final disposition. remained seizure free since 1996. He supportive of Mr. Rogers receiving an SUMMARY: FMCSA confirms its decision takes anti-seizure medication with the exemption. to exempt 54 individuals from its rule dosage and frequency remaining the Tyler W. Schaefor prohibiting persons with insulin-treated same since that time. His physician diabetes mellitus (ITDM) from operating states that he is supportive of Mr. Mr. Schaefor is a 34 year-old driver in commercial motor vehicles (CMVs) in Mitman receiving an exemption. Maine. He has a history of a seizure interstate commerce. The exemptions James P. Murphy disorder and has remained seizure free enable these individuals to operate since 2003. He takes anti-seizure CMVs in interstate commerce. Mr. Murphy is a 39 year-old driver in medication with the dosage and DATES: The exemptions were effective Massachusetts. He has a history of a frequency remaining the same since on September 17, 2015. The exemptions single seizure and tumor removal in 2008. His physician states that he is expire on September 17, 2017. 2011. He was previously on anti-seizure supportive of Mr. Schaefor receiving an medication but discontinued it 2015. exemption. FOR FURTHER INFORMATION CONTACT: His physician states that he is Christine A. Hydock, Chief, Medical supportive of Mr. Murphy receiving an Kenneth P. Schmitt Programs Division, (202) 366–4001, exemption. [email protected], FMCSA, Mr. Schmitt is a 38 year-old driver in Department of Transportation, 1200 Jason Christopher Nikolas South Dakota. He has a history of a New Jersey Avenue SE., Room W64– seizure disorder and his last seizure Mr. Nikolas is a 42 year-old driver in 113, Washington, DC 20590–0001. date is not documented. He takes anti- Virginia. He has a history of epilepsy Office hours are from 8:30 a.m. to 5 p.m. seizure medication with the dosage and and has remained seizure free since e.t., Monday through Friday, except frequency remaining the same and his 2012. He takes anti-seizure medication Federal holidays. physician notes that Mr. Schmitt admits with the dosage and frequency to occasional anti-seizure medication SUPPLEMENTARY INFORMATION: remaining the same since that time. His noncompliance. His physician states physician states that he is supportive of I. Electronic Access that he is supportive of Mr. Schmittt Mr. Nikolas receiving an exemption. You may see all the comments online receiving an exemption. through the Federal Document Curtis Joseph Palubicki Alfonso Valdivieso Management System (FDMS) at: http:// Mr. Palubicki is a 29 year-old driver www.regulations.gov. in Minnesota. He has a history of Mr. Valdivieso is a 52 year-old class Docket: For access to the docket to epilepsy and has remained seizure free A CDL holder in New York. He has a read background documents or since September 2008. He takes anti- history of a seizure disorder and has comments, go to http:// seizure medication with the dosage and remained seizure free since 2011. He www.regulations.gov and/or Room frequency remaining the same since that takes anti-seizure medication with the W12–140 on the ground level of the time. His physician states that he is dosage and frequency remaining the West Building, 1200 New Jersey Avenue supportive of Mr. Palubicki receiving an same since that time. His physician SE., Washington, DC, between 9 a.m. exemption. states that he is supportive of Mr. and 5 p.m., Monday through Friday, Valdivieso receiving an exemption. except Federal holidays. Franklin Prettyman Request for Comments Privacy Act: In accordance with 5 Mr. Prettyman is a 77 year-old driver U.S.C. 553(c), DOT solicits comments in Maryland. He has a history of a In accordance with 49 U.S.C. 31315 from the public to better inform its seizure disorder and has remained and 31136(e), FMCSA requests public rulemaking process. DOT posts these seizure free since 2012. He takes anti- comment from all interested persons on comments, without edit, including any seizure medication with the dosage and the exemption applications described in personal information the commenter frequency remaining the same since that this notice. We will consider all provides, to www.regulations.gov, as time. His physician states that he is comments received before the close of described in the system of records supportive of Mr. Prettyman receiving business on the closing date indicated notice (DOT/ALL–14 FDMS), which can an exemption. earlier in the notice. be reviewed at www.dot.gov/privacy.

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II. Background diabetes management, and is on a stable employed. The driver must also have a On August 17, 2015, FMCSA insulin regimen. These drivers report no copy of the certification when driving, published a notice of receipt of Federal other disqualifying conditions, for presentation to a duly authorized diabetes exemption applications from including diabetes-related Federal, State, or local enforcement 54 individuals and requested comments complications. Each meets the vision official. from the public (80 FR 49304). The requirement at 49 CFR 391.41(b)(10). The qualifications and medical VI. Conclusion public comment period closed on condition of each applicant were stated Based upon its evaluation of the 54 September 16, 2015, and no comments and discussed in detail in the August exemption applications, FMCSA were received. exempts the following drivers from the FMCSA has evaluated the eligibility 17, 2015, Federal Register notice and diabetes requirement in 49 CFR of the 54 applicants and determined that they will not be repeated in this notice. 391.41(b)(10), subject to the granting the exemptions to these III. Discussion of Comments requirements cited above 949 CFR individuals would achieve a level of FMCSA received no comments in this 391.64(b)): safety equivalent to or greater than the proceeding. level that would be achieved by Joshua E. Adkins (KS) complying with the current regulation IV. Basis for Exemption Determination Rosendo R. Amador (TX) 49 CFR 391.41(b)(3). Thomas A. Ardoin (LA) Under 49 U.S.C. 31136(e) and 31315, Richard L. Arsenault (TX) Diabetes Mellitus and Driving FMCSA may grant an exemption from George H. Bonney, Jr. (NH) Experience of the Applicants the diabetes requirement in 49 CFR Paul M. Boucher (MI) 391.41(b)(3) if the exemption is likely to Tiffany C. Carvalho (MN) The Agency established the current achieve an equivalent or greater level of Larry J. Christiansen (MN) requirement for diabetes in 1970 safety than would be achieved without Cynthia J. Claunch (NM) because several risk studies indicated the exemption. The exemption allows Stephen C. Crescentini (NJ) that drivers with diabetes had a higher the applicants to operate CMVs in John J. D’Agostino (NJ) rate of crash involvement than the interstate commerce. James R. Ditman (IN) general population. The diabetes rule To evaluate the effect of these Eric D. Egan (IL) provides that ‘‘A person is physically exemptions on safety, FMCSA Alva Eldridge (IL) qualified to drive a commercial motor considered medical reports about the Walter R. Elser (VT) vehicle if that person has no established applicants’ ITDM and vision, and Adam C. Exum (GA) medical history or clinical diagnosis of reviewed the treating endocrinologists’ Ryan S. Farrell (MA) diabetes mellitus currently requiring medical opinion related to the ability of Patrick F. Felix (WI) insulin for control’’ (49 CFR the driver to safely operate a CMV while Gary M. Fosnaught (PA) 391.41(b)(3)). using insulin. Jermaine Galle (GA) FMCSA established its diabetes Consequently, FMCSA finds that in Gary A. Gross (SD) exemption program, based on the each case exempting these applicants Terry L. Guynes (MO) Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR Colin W. Hale (NY) Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level Clarence Hill (NY) a Program to Qualify Individuals with of safety equal to that existing without Marcus Hughes (GA) Insulin-Treated Diabetes Mellitus to the exemption. Paul J. Lennon (IL) Operate in Interstate Commerce as Michael C. Lewis (SD) Directed by the Transportation Act for V. Conditions and Requirements Lon A. Mingo (MN) the 21st Century.’’ The report concluded The terms and conditions of the Robert L. Moberly (OR) that a safe and practicable protocol to exemption will be provided to the Jason L. Montgomery (WA) allow some drivers with ITDM to applicants in the exemption document John F. Mortieau (MT) operate CMVs is feasible. The and they include the following: (1) That Alexander Musalin (WA) Clark E. Najac (NY) September 3, 2003 (68 FR 52441), each individual submit a quarterly Matthew S. Ness (WI) monitoring checklist completed by the Federal Register notice in conjunction Andrew T. Oezer (MI) with the November 8, 2005 (70 FR treating endocrinologist as well as an Vanja Pazin (OR) 67777), Federal Register notice provides annual checklist with a comprehensive Troy A. Pearl (WA) the current protocol for allowing such medical evaluation; (2) that each Randell J. Pecenka (IA) drivers to operate CMVs in interstate individual reports within 2 business Leonard M. Radford (IN) commerce. days of occurrence, all episodes of Jerry J. Rava (CA) These 54 applicants have had ITDM severe hypoglycemia, significant Isaac E. Ridenour (NM) over a range of 1 to 36 years. These complications, or inability to manage William J. Rixon, Jr. (NJ) applicants report no severe diabetes; also, any involvement in an Matias Rodriguez, Jr. (CT) hypoglycemic reactions resulting in loss accident or any other adverse event in William J. Schrade (CT) of consciousness or seizure, requiring a CMV or personal vehicle, whether or John W. Schwirian (PA) the assistance of another person, or not it is related to an episode of Shain L. Simpson (UT) resulting in impaired cognitive function hypoglycemia; (3) that each individual Neil E. Smith (KS) that occurred without warning provide a copy of the ophthalmologist’s Timothy R. Sobczynski (OH) symptoms, in the past 12 months and no or optometrist’s report to the medical Joey F. Starnes (AL) recurrent (2 or more) severe examiner at the time of the annual Joshua R. Stieb (CO) hypoglycemic episodes in the past 5 medical examination; and (4) that each Donald L. Strand (MT) years. In each case, an endocrinologist individual provide a copy of the annual Rick L. Vosburg (CA) verified that the driver has medical certification to the employer for William G. Wressell (WA) demonstrated a willingness to properly retention in the driver’s qualification Randy P. Young (IN) monitor and manage his/her diabetes file, or keep a copy in his/her driver’s In accordance with 49 U.S.C. 31136(e) mellitus, received education related to qualification file if he/she is self- and 31315 each exemption is valid for

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two years unless revoked earlier by West Building, 1200 New Jersey Avenue applicants report no severe FMCSA. The exemption will be revoked SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss if the following occurs: (1) The person and 5 p.m., Monday through Friday, of consciousness or seizure, requiring fails to comply with the terms and except Federal holidays. the assistance of another person, or conditions of the exemption; (2) the Privacy Act: In accordance with 5 resulting in impaired cognitive function exemption has resulted in a lower level U.S.C. 553(c), DOT solicits comments that occurred without warning of safety than was maintained before it from the public to better inform its symptoms, in the past 12 months and no was granted; or (3) continuation of the rulemaking process. DOT posts these recurrent (2 or more) severe exemption would not be consistent with comments, without edit, including any hypoglycemic episodes in the past 5 the goals and objectives of 49 U.S.C. personal information the commenter years. In each case, an endocrinologist 31136(e) and 31315. If the exemption is provides, to www.regulations.gov, as verified that the driver has still effective at the end of the 2-year described in the system of records demonstrated a willingness to properly period, the person may apply to FMCSA notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes for a renewal under procedures in effect be reviewed at www.dot.gov/privacy. mellitus, received education related to at that time. II. Background diabetes management, and is on a stable insulin regimen. These drivers report no Issued on: December 9, 2015. On October 1, 2015, FMCSA Larry W. Minor, other disqualifying conditions, published a notice of receipt of Federal including diabetes-related Associate Administrator for Policy. diabetes exemption applications from complications. Each meets the vision [FR Doc. 2015–31980 Filed 12–18–15; 8:45 am] 52 individuals and requested comments requirement at 49 CFR 391.41(b)(10). BILLING CODE 4910–EX–P from the public (80 FR 59237). The The qualifications and medical public comment period closed on condition of each applicant were stated November 2, 2015, and no comments and discussed in detail in the October DEPARTMENT OF TRANSPORTATION were received. 1, 2015, Federal Register notice and FMCSA has evaluated the eligibility they will not be repeated in this notice. Federal Motor Carrier Safety of the 52 applicants and determined that Administration granting the exemptions to these III. Discussion of Comments [FMCSA Docket No. FMCSA–2015–0067] individuals would achieve a level of FMCSA received no comments in this safety equivalent to or greater than the proceeding. Qualification of Drivers; Exemption level that would be achieved by Applications; Diabetes Mellitus complying with the current regulation IV. Basis for Exemption Determination 49 CFR 391.41(b)(3). Under 49 U.S.C. 31136(e) and 31315, AGENCY: Federal Motor Carrier Safety FMCSA may grant an exemption from Diabetes Mellitus and Driving Administration (FMCSA), DOT. the diabetes requirement in 49 CFR Experience of the Applicants ACTION: Notice of final disposition. 391.41(b)(3) if the exemption is likely to The Agency established the current achieve an equivalent or greater level of SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970 safety than would be achieved without to exempt 52 individuals from its rule because several risk studies indicated prohibiting persons with insulin-treated the exemption. The exemption allows that drivers with diabetes had a higher the applicants to operate CMVs in diabetes mellitus (ITDM) from operating rate of crash involvement than the commercial motor vehicles (CMVs) in interstate commerce. general population. The diabetes rule To evaluate the effect of these interstate commerce. The exemptions provides that ‘‘A person is physically exemptions on safety, FMCSA enable these individuals to operate qualified to drive a commercial motor considered medical reports about the CMVs in interstate commerce. vehicle if that person has no established applicants’ ITDM and vision, and DATES: The exemptions were effective medical history or clinical diagnosis of reviewed the treating endocrinologists’ on November 3, 2015. The exemptions diabetes mellitus currently requiring medical opinion related to the ability of expire on November 3, 2017. insulin for control’’ (49 CFR the driver to safely operate a CMV while FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). using insulin. Christine A. Hydock, Chief, Medical FMCSA established its diabetes Consequently, FMCSA finds that in Programs Division, (202) 366–4001, exemption program, based on the each case exempting these applicants [email protected], FMCSA, Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR Department of Transportation, 1200 Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with of safety equal to that existing without 113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to the exemption. Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as e.t., Monday through Friday, except Directed by the Transportation Act for V. Conditions and Requirements Federal holidays. the 21st Century.’’ The report concluded The terms and conditions of the SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to exemption will be provided to the allow some drivers with ITDM to applicants in the exemption document I. Electronic Access operate CMVs is feasible. The and they include the following: (1) That You may see all the comments online September 3, 2003 (68 FR 52441), each individual submit a quarterly through the Federal Document Federal Register notice in conjunction monitoring checklist completed by the Management System (FDMS) at: http:// with the November 8, 2005 (70 FR treating endocrinologist as well as an www.regulations.gov. 67777), Federal Register notice provides annual checklist with a comprehensive Docket: For access to the docket to the current protocol for allowing such medical evaluation; (2) that each read background documents or drivers to operate CMVs in interstate individual reports within 2 business comments, go to http:// commerce. days of occurrence, all episodes of www.regulations.gov and/or Room These 52 applicants have had ITDM severe hypoglycemia, significant W12–140 on the ground level of the over a range of 1 to 40 years. These complications, or inability to manage

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diabetes; also, any involvement in an Max F. Smith (IA) on-line instructions for submitting accident or any other adverse event in Vann H. Smith (AL) comments. a CMV or personal vehicle, whether or Donald Snead (GA) • Mail: Docket Management Facility; not it is related to an episode of Arron L. Snook (WA) U.S. Department of Transportation, 1200 hypoglycemia; (3) that each individual John L. Stauffer (IA) New Jersey Avenue SE., West Building provide a copy of the ophthalmologist’s David L. Stephenson (SD) Ground Floor, Room W12–140, or optometrist’s report to the medical Timothy R. Stirn (MD) Washington, DC 20590–0001. examiner at the time of the annual Connie E. Wideman (FL) • Hand Delivery: West Building medical examination; and (4) that each Gary W. Wood (AR) Ground Floor, Room W12–140, 1200 individual provide a copy of the annual Richard O. Yethman (MA) New Jersey Avenue SE., Washington, medical certification to the employer for Willard Zylstra (CA) DC, between 9 a.m. and 5 p.m., Monday retention in the driver’s qualification In accordance with 49 U.S.C. 31136(e) through Friday, except Federal file, or keep a copy in his/her driver’s and 31315 each exemption is valid for Holidays. qualification file if he/she is self- two years unless revoked earlier by • Fax: 1–202–493–2251. employed. The driver must also have a FMCSA. The exemption will be revoked Instructions: Each submission must copy of the certification when driving, if the following occurs: (1) The person include the Agency name and the for presentation to a duly authorized fails to comply with the terms and docket numbers for this notice. Note Federal, State, or local enforcement conditions of the exemption; (2) the that all comments received will be official. exemption has resulted in a lower level posted without change to http:// of safety than was maintained before it www.regulations.gov, including any VI. Conclusion was granted; or (3) continuation of the personal information provided. Please Based upon its evaluation of the 52 exemption would not be consistent with see the Privacy Act heading below for exemption applications, FMCSA the goals and objectives of 49 U.S.C. further information. exempts the following drivers from the 31136(e) and 31315. If the exemption is Docket: For access to the docket to diabetes requirement in 49 CFR still effective at the end of the 2-year read background documents or 391.41(b)(10), subject to the period, the person may apply to FMCSA comments, go to http:// requirements cited above 949 CFR for a renewal under procedures in effect www.regulations.gov at any time or 391.64(b)): at that time. Room W12–140 on the ground level of Melvin S. Adams (MD) Issued on: December 9, 2015. the West Building, 1200 New Jersey Kevin R. Arnett (MO) Larry W. Minor, Avenue SE., Washington, DC, between 9 David A. Ash (KS) Associate Administrator for Policy. a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Louis Barrios (NV) [FR Doc. 2015–31981 Filed 12–18–15; 8:45 am] Robert W. Brown (TN) Federal Docket Management System Gallaspy C. Chapman (CO) BILLING CODE 4910–EX–P (FDMS) is available 24 hours each day, Frederick R. Conner (PA) 365 days each year. If you want Charles A. Culler (OH) DEPARTMENT OF TRANSPORTATION acknowledgment that we received your Allan E. Dover (ID) comments, please include a self- Warren L. Duncan (ME) Federal Motor Carrier Safety addressed, stamped envelope or Larry D. Everett (CA) Administration postcard or print the acknowledgement James Ferrone (PA) page that appears after submitting Kenneth C. Fosdick (OH) [Docket No. FMCSA–2015–0339] comments on-line. Mark J. Greig (OR) Qualification of Drivers; Exemption Privacy Act: In accordance with 5 Todd E. Gross (WI) Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments Ricky V. Hoffman (KS) from the public to better inform its Bernis Hursey (MD) AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these Gary A. Jackson (PA) Administration (FMCSA). comments, without edit, including any Wayne O. Jennings (KS) ACTION: Notice of applications for personal information the commenter Rocky N. Kennedy, Jr. (WV) exemptions; request for comments. provides, to www.regulations.gov, as Larian A. Koger (NC) described in the system of records Donald L. Kuhn (PA) SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can Richard C. Lakas (MO) applications from 56 individuals for be reviewed at www.dot.gov/privacy. Amondo D. Lark (FL) exemption from the prohibition against FOR FURTHER INFORMATION CONTACT: Walter L. Loyd, Jr. (IL) persons with insulin-treated diabetes Daniel T. Morse (MA) Christine A. Hydock, Chief, Medical mellitus (ITDM) operating commercial Programs Division, (202) 366–4001, Deborah C. Neece (NC) motor vehicles (CMVs) in interstate Paul Neville (NJ) [email protected], FMCSA, commerce. If granted, the exemptions Department of Transportation, 1200 Thomas M. Nicolaus (IA) would enable these individuals with James D. Rast, III (SC) New Jersey Avenue SE., Room W64– ITDM to operate CMVs in interstate 113, Washington, DC 20590–0001. Kevin B. Reese (FL) commerce. Andrew R.W. Rictor (OR) Office hours are 8:30 a.m. to 5 p.m., e.t., Jason K. Riley (WV) DATES: Comments must be received on Monday through Friday, except Federal Bryan N. Ripley (MN) or before January 20, 2016. holidays. David C. Ripley (WA) ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: Scottie L. Russell (NY) bearing the Federal Docket Management I. Background Jerome A. Shapiro (AL) System (FDMS) Docket No. FMCSA– Joseph D. Shehan (NC) 2015–0339 using any of the following Under 49 U.S.C. 31136(e) and 31315, Amanda K. Shelman (IA) methods: FMCSA may grant an exemption from Michael Shuler (DC) • Federal eRulemaking Portal: Go to the Federal Motor Carrier Safety Joseph A. Sitarchyk (PA) http://www.regulations.gov. Follow the Regulations for a 2-year period if it finds

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‘‘such exemption would likely achieve a in 2015 and certified that he has had no Paul E. Costello level of safety that is equivalent to or severe hypoglycemic reactions resulting Mr. Costello, 53, has had ITDM since greater than the level that would be in loss of consciousness, requiring the 2014. His endocrinologist examined him achieved absent such exemption.’’ The assistance of another person, or in 2015 and certified that he has had no statute also allows the Agency to renew resulting in impaired cognitive function severe hypoglycemic reactions resulting exemptions at the end of the 2-year that occurred without warning in the in loss of consciousness, requiring the period. The 56 individuals listed in this past 12 months and no recurrent (2 or assistance of another person, or notice have recently requested such an more) severe hypoglycemic episodes in resulting in impaired cognitive function exemption from the diabetes prohibition the last 5 years. His endocrinologist that occurred without warning in the in 49 CFR 391.41(b) (3), which applies certifies that Mr. Callahan understands past 12 months and no recurrent (2 or to drivers of CMVs in interstate diabetes management and monitoring, more) severe hypoglycemic episodes in commerce. Accordingly, the Agency has stable control of his diabetes using the last 5 years. His endocrinologist will evaluate the qualifications of each insulin, and is able to drive a CMV certifies that Mr. Costello understands applicant to determine whether granting safely. Mr. Callahan meets the diabetes management and monitoring, the exemption will achieve the required requirements of the vision standard at has stable control of his diabetes using level of safety mandated by statute. 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV examined him in 2015 and certified that II. Qualifications of Applicants safely. Mr. Costello meets the he does not have diabetic retinopathy. requirements of the vision standard at James R. Bishop He holds a Class A CDL from Indiana. 49 CFR 391.41(b)(10). His Mr. Bishop, 38, has had ITDM since Jeffrey L. Carlson ophthalmologist examined him in 2015 2011. His endocrinologist examined him and certified that he does not have in 2015 and certified that he has had no Mr. Carlson, 48, has had ITDM since diabetic retinopathy. He holds a Class A severe hypoglycemic reactions resulting 2012. His endocrinologist examined him CDL from Nebraska. in loss of consciousness, requiring the in 2015 and certified that he has had no Daniel J. Cramer assistance of another person, or severe hypoglycemic reactions resulting resulting in impaired cognitive function in loss of consciousness, requiring the Mr. Cramer, 60, has had ITDM since that occurred without warning in the assistance of another person, or 2011. His endocrinologist examined him past 12 months and no recurrent (2 or resulting in impaired cognitive function in 2015 and certified that he has had no more) severe hypoglycemic episodes in that occurred without warning in the severe hypoglycemic reactions resulting the last 5 years. His endocrinologist past 12 months and no recurrent (2 or in loss of consciousness, requiring the certifies that Mr. Bishop understands more) severe hypoglycemic episodes in assistance of another person, or diabetes management and monitoring, the last 5 years. His endocrinologist resulting in impaired cognitive function has stable control of his diabetes using certifies that Mr. Carlson understands that occurred without warning in the insulin, and is able to drive a CMV diabetes management and monitoring, past 12 months and no recurrent (2 or safely. Mr. Bishop meets the has stable control of his diabetes using more) severe hypoglycemic episodes in requirements of the vision standard at insulin, and is able to drive a CMV the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His optometrist safely. Mr. Carlson meets the certifies that Mr. Cramer understands examined him in 2015 and certified that requirements of the vision standard at diabetes management and monitoring, he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His has stable control of his diabetes using He holds an operator’s license from ophthalmologist examined him in 2015 insulin, and is able to drive a CMV West Virginia. and certified that he has stable safely. Mr. Cramer meets the nonproliferative diabetic retinopathy. requirements of the vision standard at Randall S. Blight He holds an operator’s license from 49 CFR 391.41(b)(10). His optometrist Mr. Blight, 53, has had ITDM since Minnesota. examined him in 2015 and certified that 2011. His endocrinologist examined him Myron D. Collins he does not have diabetic retinopathy. in 2015 and certified that he has had no He holds a Class A CDL from severe hypoglycemic reactions resulting Mr. Collins, 58, has had ITDM since Wisconsin. in loss of consciousness, requiring the 2014. His endocrinologist examined him Cyrus G. Davenport, Jr. assistance of another person, or in 2015 and certified that he has had no resulting in impaired cognitive function severe hypoglycemic reactions resulting Mr. Davenport, 52, has had ITDM that occurred without warning in the in loss of consciousness, requiring the since 2000. His endocrinologist past 12 months and no recurrent (2 or assistance of another person, or examined him in 2015 and certified that more) severe hypoglycemic episodes in resulting in impaired cognitive function he has had no severe hypoglycemic the last 5 years. His endocrinologist that occurred without warning in the reactions resulting in loss of certifies that Mr. Blight understands past 12 months and no recurrent (2 or consciousness, requiring the assistance diabetes management and monitoring, more) severe hypoglycemic episodes in of another person, or resulting in has stable control of his diabetes using the last 5 years. His endocrinologist impaired cognitive function that insulin, and is able to drive a CMV certifies that Mr. Collins understands occurred without warning in the past 12 safely. Mr. Blight meets the diabetes management and monitoring, months and no recurrent (2 or more) requirements of the vision standard at has stable control of his diabetes using severe hypoglycemic episodes in the 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV last 5 years. His endocrinologist certifies examined him in 2015 and certified that safely. Mr. Collins meets the that Mr. Davenport understands he does not have diabetic retinopathy. requirements of the vision standard at diabetes management and monitoring, He holds a CDL from Michigan. 49 CFR 391.41(b)(10). His has stable control of his diabetes using ophthalmologist examined him in 2015 insulin, and is able to drive a CMV George S. Callahan and certified that he does not have safely. Mr. Davenport meets the Mr. Callahan, 57, has had ITDM since diabetic retinopathy. He holds a Class A requirements of the vision standard at 2015. His endocrinologist examined him CDL from Colorado. 49 CFR 391.41(b)(10). His optometrist

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examined him in 2015 and certified that 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV he does not have diabetic retinopathy. ophthalmologist examined him in 2015 safely. Mr. Heine meets the He holds a Class B CDL from Virginia. and certified that he does not have requirements of the vision standard at diabetic retinopathy. He holds a Class B 49 CFR 391.41(b)(10). His optometrist Pete J. Dewitt CDL from Massachusetts. examined him in 2015 and certified that Mr. Dewitt, 30, has had ITDM since he does not have diabetic retinopathy. James A. Graczyk 2011. His endocrinologist examined him He holds an operator’s license from in 2015 and certified that he has had no Mr. Graczyk, 55, has had ITDM since North Dakota. severe hypoglycemic reactions resulting 2014. His endocrinologist examined him in loss of consciousness, requiring the in 2015 and certified that he has had no Nathaniel P. Hetherington assistance of another person, or severe hypoglycemic reactions resulting Mr. Hetherington, 24, has had ITDM resulting in impaired cognitive function in loss of consciousness, requiring the since 1992. His endocrinologist that occurred without warning in the assistance of another person, or examined him in 2015 and certified that past 12 months and no recurrent (2 or resulting in impaired cognitive function he has had no severe hypoglycemic more) severe hypoglycemic episodes in that occurred without warning in the reactions resulting in loss of the last 5 years. His endocrinologist past 12 months and no recurrent (2 or consciousness, requiring the assistance certifies that Mr. Dewitt understands more) severe hypoglycemic episodes in of another person, or resulting in diabetes management and monitoring, the last 5 years. His endocrinologist impaired cognitive function that has stable control of his diabetes using certifies that Mr. Graczyk understands occurred without warning in the past 12 insulin, and is able to drive a CMV diabetes management and monitoring, months and no recurrent (2 or more) safely. Mr. Dewitt meets the has stable control of his diabetes using severe hypoglycemic episodes in the requirements of the vision standard at insulin, and is able to drive a CMV last 5 years. His endocrinologist certifies 49 CFR 391.41(b)(10). His optometrist safely. Mr. Graczyk meets the that Mr. Hetherington understands examined him in 2015 and certified that requirements of the vision standard at diabetes management and monitoring, he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His has stable control of his diabetes using He holds a Class A CDL from California. ophthalmologist examined him in 2015 insulin, and is able to drive a CMV and certified that he has stable safely. Mr. Hetherington meets the Frank A. Earullo nonproliferative diabetic retinopathy. requirements of the vision standard at Mr. Earullo, 22, has had ITDM since He holds a Class C CDL from New York. 49 CFR 391.41(b)(10). His optometrist 1994. His endocrinologist examined him examined him in 2015 and certified that Isadios P. Harris in 2015 and certified that he has had no he does not have diabetic retinopathy. severe hypoglycemic reactions resulting Mr. Harris, 43, has had ITDM since He holds an operator’s license from in loss of consciousness, requiring the 2009. His endocrinologist examined him Pennsylvania. assistance of another person, or in 2015 and certified that he has had no resulting in impaired cognitive function severe hypoglycemic reactions resulting Surlloyd D. Hilson that occurred without warning in the in loss of consciousness, requiring the Mr. Hilson, 40, has had ITDM since past 12 months and no recurrent (2 or assistance of another person, or 2012. His endocrinologist examined him more) severe hypoglycemic episodes in resulting in impaired cognitive function in 2015 and certified that he has had no the last 5 years. His endocrinologist that occurred without warning in the severe hypoglycemic reactions resulting certifies that Mr. Earullo understands past 12 months and no recurrent (2 or in loss of consciousness, requiring the diabetes management and monitoring, more) severe hypoglycemic episodes in assistance of another person, or has stable control of his diabetes using the last 5 years. His endocrinologist resulting in impaired cognitive function insulin, and is able to drive a CMV certifies that Mr. Harris understands that occurred without warning in the safely. Mr. Earullo meets the diabetes management and monitoring, past 12 months and no recurrent (2 or requirements of the vision standard at has stable control of his diabetes using more) severe hypoglycemic episodes in 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV the last 5 years. His endocrinologist ophthalmologist examined him in 2015 safely. Mr. Harris meets the certifies that Mr. Hilson understands and certified that he does not have requirements of the vision standard at diabetes management and monitoring, diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His has stable control of his diabetes using CDL from Illinois. ophthalmologist examined him in 2015 insulin, and is able to drive a CMV and certified that he does not have safely. Mr. Hilson meets the Hugh R. Ferguson diabetic retinopathy. He holds an requirements of the vision standard at Mr. Ferguson, 67, has had ITDM since operator’s license from New Jersey. 49 CFR 391.41(b)(10). His 1978. His endocrinologist examined him ophthalmologist examined him in 2015 David A. Heine in 2015 and certified that he has had no and certified that he has stable severe hypoglycemic reactions resulting Mr. Heine, 49, has had ITDM since nonproliferative diabetic retinopathy. in loss of consciousness, requiring the 2014. His endocrinologist examined him He holds an operator’s license from assistance of another person, or in 2015 and certified that he has had no Florida. resulting in impaired cognitive function severe hypoglycemic reactions resulting that occurred without warning in the in loss of consciousness, requiring the Terrence T. Holocher past 12 months and no recurrent (2 or assistance of another person, or Mr. Holocher, 55, has had ITDM since more) severe hypoglycemic episodes in resulting in impaired cognitive function 2012. His endocrinologist examined him the last 5 years. His endocrinologist that occurred without warning in the in 2015 and certified that he has had no certifies that Mr. Ferguson understands past 12 months and no recurrent (2 or severe hypoglycemic reactions resulting diabetes management and monitoring, more) severe hypoglycemic episodes in in loss of consciousness, requiring the has stable control of his diabetes using the last 5 years. His endocrinologist assistance of another person, or insulin, and is able to drive a CMV certifies that Mr. Heine understands resulting in impaired cognitive function safely. Mr. Ferguson meets the diabetes management and monitoring, that occurred without warning in the requirements of the vision standard at has stable control of his diabetes using past 12 months and no recurrent (2 or

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more) severe hypoglycemic episodes in that occurred without warning in the resulting in loss of consciousness, the last 5 years. His endocrinologist past 12 months and no recurrent (2 or requiring the assistance of another certifies that Mr. Holocher understands more) severe hypoglycemic episodes in person, or resulting in impaired diabetes management and monitoring, the last 5 years. His endocrinologist cognitive function that occurred without has stable control of his diabetes using certifies that Mr. Jerpseth understands warning in the past 12 months and no insulin, and is able to drive a CMV diabetes management and monitoring, recurrent (2 or more) severe safely. Mr. Holocher meets the has stable control of his diabetes using hypoglycemic episodes in the last 5 requirements of the vision standard at insulin, and is able to drive a CMV years. Her endocrinologist certifies that 49 CFR 391.41(b)(10). His optometrist safely. Mr. Jerpseth meets the Ms. Lind understands diabetes examined him in 2015 and certified that requirements of the vision standard at management and monitoring has stable he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His control of her diabetes using insulin, He holds an operator’s license from ophthalmologist examined him in 2015 and is able to drive a CMV safely. Ms. Indiana. and certified that he does not have Lind meets the requirements of the diabetic retinopathy. He holds a Class A vision standard at 49 CFR 391.41(b)(10). Logan L. Jackson CDL from Minnesota. Her ophthalmologist examined her in Mr. Jackson, 27, has had ITDM since 2015 and certified that she has stable Paul T. Laak 1999. His endocrinologist examined him nonproliferative diabetic retinopathy. in 2015 and certified that he has had no Mr. Laak, 43, has had ITDM since She holds an operator’s license from severe hypoglycemic reactions resulting 1987. His endocrinologist examined him South Dakota. in loss of consciousness, requiring the in 2015 and certified that he has had no assistance of another person, or severe hypoglycemic reactions resulting Russell D. Logan resulting in impaired cognitive function in loss of consciousness, requiring the Mr. Logan, 65, has had ITDM since that occurred without warning in the assistance of another person, or 2015. His endocrinologist examined him past 12 months and no recurrent (2 or resulting in impaired cognitive function in 2015 and certified that he has had no more) severe hypoglycemic episodes in that occurred without warning in the severe hypoglycemic reactions resulting the last 5 years. His endocrinologist past 12 months and no recurrent (2 or in loss of consciousness, requiring the certifies that Mr. Jackson understands more) severe hypoglycemic episodes in assistance of another person, or diabetes management and monitoring, the last 5 years. His endocrinologist resulting in impaired cognitive function has stable control of his diabetes using certifies that Mr. Laak understands that occurred without warning in the insulin, and is able to drive a CMV diabetes management and monitoring, past 12 months and no recurrent (2 or safely. Mr. Jackson meets the has stable control of his diabetes using more) severe hypoglycemic episodes in requirements of the vision standard at insulin, and is able to drive a CMV the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His safely. Mr. Laak meets the requirements certifies that Mr. Logan understands ophthalmologist examined him in 2015 of the vision standard at 49 CFR diabetes management and monitoring, and certified that he does not have 391.41(b)(10). His ophthalmologist has stable control of his diabetes using diabetic retinopathy. He holds an examined him in 2015 and certified that insulin, and is able to drive a CMV operator’s license from California. he has stable nonproliferative diabetic safely. Mr. Logan meets the retinopathy. He holds an operator’s requirements of the vision standard at Elie Jean license from Washington. 49 CFR 391.41(b)(10). His Mr. Jean, 60, has had ITDM since ophthalmologist examined him in 2015 2013. His endocrinologist examined him Terrence P. Lescamela and certified that he does not have in 2015 and certified that he has had no Mr. Lescamela, 66, has had ITDM diabetic retinopathy. He holds a Class A severe hypoglycemic reactions resulting since 2015. His endocrinologist CDL from North Carolina. in loss of consciousness, requiring the examined him in 2015 and certified that assistance of another person, or he has had no severe hypoglycemic Tommaso Maccarrone resulting in impaired cognitive function reactions resulting in loss of Mr. Maccarrone, 57, has had ITDM that occurred without warning in the consciousness, requiring the assistance since 2013. His endocrinologist past 12 months and no recurrent (2 or of another person, or resulting in examined him in 2015 and certified that more) severe hypoglycemic episodes in impaired cognitive function that he has had no severe hypoglycemic the last 5 years. His endocrinologist occurred without warning in the past 12 reactions resulting in loss of certifies that Mr. Jean understands months and no recurrent (2 or more) consciousness, requiring the assistance diabetes management and monitoring, severe hypoglycemic episodes in the of another person, or resulting in has stable control of his diabetes using last 5 years. His endocrinologist certifies impaired cognitive function that insulin, and is able to drive a CMV that Mr. Lescamela understands occurred without warning in the past 12 safely. Mr. Jean meets the requirements diabetes management and monitoring, months and no recurrent (2 or more) of the vision standard at 49 CFR has stable control of his diabetes using severe hypoglycemic episodes in the 391.41(b)(10). His optometrist examined insulin, and is able to drive a CMV last 5 years. His endocrinologist certifies him in 2015 and certified that he does safely. Mr. Lescamela meets the that Mr. Maccarrone understands not have diabetic retinopathy. He holds requirements of the vision standard at diabetes management and monitoring, a Class B CDL from New Jersey. 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using examined him in 2015 and certified that insulin, and is able to drive a CMV Dean L. Jerpseth he does not have diabetic retinopathy. safely. Mr. Jerpseth, 43, has had ITDM since He holds a Class A CDL from Michigan. Mr. Maccarrone meets the 1993. His endocrinologist examined him requirements of the vision standard at in 2015 and certified that he has had no Janet M. Lind 49 CFR 391.41(b)(10). His severe hypoglycemic reactions resulting Ms. Lind, 41, has had ITDM since ophthalmologist examined him in 2015 in loss of consciousness, requiring the 2002. Her endocrinologist examined her and certified that he does not have assistance of another person, or in 2015 and certified that she has had diabetic retinopathy. He holds a Class B resulting in impaired cognitive function no severe hypoglycemic reactions CDL from New Jersey.

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Larry D. May He holds an operator’s license from safely. Mr. Mojica meets the Mr. May, 77, has had ITDM since Pennsylvania. requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist 2015. His endocrinologist examined him Marlin D. Milliken examined him in 2015 and certified that in 2015 and certified that he has had no Mr. Milliken, 71, has had ITDM since severe hypoglycemic reactions resulting he does not have diabetic retinopathy. 2015. His endocrinologist examined him He holds a Class A CDL from Florida. in loss of consciousness, requiring the in 2015 and certified that he has had no assistance of another person, or severe hypoglycemic reactions resulting Charles E. Otts, III resulting in impaired cognitive function in loss of consciousness, requiring the Mr. Otts, 48, has had ITDM since that occurred without warning in the assistance of another person, or 2013. His endocrinologist examined him past 12 months and no recurrent (2 or resulting in impaired cognitive function in 2015 and certified that he has had no more) severe hypoglycemic episodes in that occurred without warning in the severe hypoglycemic reactions resulting the last 5 years. His endocrinologist past 12 months and no recurrent (2 or in loss of consciousness, requiring the certifies that Mr. May understands more) severe hypoglycemic episodes in assistance of another person, or diabetes management and monitoring, the last 5 years. His endocrinologist resulting in impaired cognitive function has stable control of his diabetes using certifies that Mr. Milliken understands that occurred without warning in the insulin, and is able to drive a CMV diabetes management and monitoring, past 12 months and no recurrent (2 or safely. Mr. May meets the requirements has stable control of his diabetes using more) severe hypoglycemic episodes in of the vision standard at 49 CFR insulin, and is able to drive a CMV the last 5 years. His endocrinologist 391.41(b)(10). His ophthalmologist safely. Mr. Milliken meets the certifies that Mr. Otts understands examined him in 2015 and certified that requirements of the vision standard at diabetes management and monitoring, he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His has stable control of his diabetes using He holds a Class A CDL from Arkansas. ophthalmologist examined him in 2015 insulin, and is able to drive a CMV Raymond Mendez and certified that he has stable safely. Mr. Otts meets the requirements nonproliferative diabetic retinopathy. of the vision standard at 49 CFR Mr. Mendez, 57, has had ITDM since He holds a Class A CDL from 391.41(b)(10). His optometrist examined 2013. His endocrinologist examined him Pennsylvania. him in 2015 and certified that he does in 2015 and certified that he has had no not have diabetic retinopathy. He holds Charles R. Mims severe hypoglycemic reactions resulting a Class A CDL from Nebraska. in loss of consciousness, requiring the Mr. Mims, 62, has had ITDM since assistance of another person, or 1958. His endocrinologist examined him Rajesh Patel resulting in impaired cognitive function in 2015 and certified that he has had no Mr. Patel, 42, has had ITDM since that occurred without warning in the severe hypoglycemic reactions resulting 2015. His endocrinologist examined him past 12 months and no recurrent (2 or in loss of consciousness, requiring the in 2015 and certified that he has had no more) severe hypoglycemic episodes in assistance of another person, or severe hypoglycemic reactions resulting the last 5 years. His endocrinologist resulting in impaired cognitive function in loss of consciousness, requiring the certifies that Mr. Mendez understands that occurred without warning in the assistance of another person, or diabetes management and monitoring, past 12 months and no recurrent (2 or resulting in impaired cognitive function has stable control of his diabetes using more) severe hypoglycemic episodes in that occurred without warning in the insulin, and is able to drive a CMV the last 5 years. His endocrinologist past 12 months and no recurrent (2 or safely. Mr. Mendez meets the certifies that Mr. Mims understands more) severe hypoglycemic episodes in requirements of the vision standard at diabetes management and monitoring, the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His has stable control of his diabetes using certifies that Mr. Patel understands ophthalmologist examined him in 2015 insulin, and is able to drive a CMV diabetes management and monitoring, and certified that he does not have safely. Mr. Mims meets the has stable control of his diabetes using diabetic retinopathy. He holds a Class B requirements of the vision standard at insulin, and is able to drive a CMV CDL from New York. 49 CFR 391.41(b)(10). His safely. Mr. Patel meets the requirements Anthony J. Miller ophthalmologist examined him in 2015 of the vision standard at 49 CFR and certified that he has stable 391.41(b)(10). His optometrist examined Mr. Miller, 26, has had ITDM since nonproliferative and proliferative him in 2015 and certified that he does 2003. His endocrinologist examined him diabetic retinopathy. He holds an not have diabetic retinopathy. He holds in 2015 and certified that he has had no operator’s license from Alabama. an operator’s license from New Jersey. severe hypoglycemic reactions resulting in loss of consciousness, requiring the Gustavo A. Mojica Timothy S. Pederson assistance of another person, or Mr. Mojica, 59, has had ITDM since Mr. Pederson, 34, has had ITDM since resulting in impaired cognitive function 2013. His endocrinologist examined him 2015. His endocrinologist examined him that occurred without warning in the in 2015 and certified that he has had no in 2015 and certified that he has had no past 12 months and no recurrent (2 or severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in in loss of consciousness, requiring the in loss of consciousness, requiring the the last 5 years. His endocrinologist assistance of another person, or assistance of another person, or certifies that Mr. Miller understands resulting in impaired cognitive function resulting in impaired cognitive function diabetes management and monitoring, that occurred without warning in the that occurred without warning in the has stable control of his diabetes using past 12 months and no recurrent (2 or past 12 months and no recurrent (2 or insulin, and is able to drive a CMV more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in safely. Mr. Miller meets the the last 5 years. His endocrinologist the last 5 years. His endocrinologist requirements of the vision standard at certifies that Mr. Mojica understands certifies that Mr. Pederson understands 49 CFR 391.41(b)(10). His optometrist diabetes management and monitoring, diabetes management and monitoring, examined him in 2015 and certified that has stable control of his diabetes using has stable control of his diabetes using he does not have diabetic retinopathy. insulin, and is able to drive a CMV insulin, and is able to drive a CMV

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safely. Mr. Pederson meets the the last 5 years. His endocrinologist that occurred without warning in the requirements of the vision standard at certifies that Mr. Piel understands past 12 months and no recurrent (2 or 49 CFR 391.41(b)(10). His optometrist diabetes management and monitoring, more) severe hypoglycemic episodes in examined him in 2015 and certified that has stable control of his diabetes using the last 5 years. His endocrinologist he does not have diabetic retinopathy. insulin, and is able to drive a CMV certifies that Mr. Prestby understands He holds an operator’s license from safely. Mr. Piel meets the requirements diabetes management and monitoring, South Dakota. of the vision standard at 49 CFR has stable control of his diabetes using 391.41(b)(10). His ophthalmologist insulin, and is able to drive a CMV Carlos J. Perez-Beltran examined him in 2015 and certified that safely. Mr. Prestby meets the Mr. Perez-Beltran, 36, has had ITDM he has stable nonproliferative diabetic requirements of the vision standard at since 2004. His endocrinologist retinopathy. He holds a Class A CDL 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that from Colorado. examined him in 2015 and certified that he has had no severe hypoglycemic he does not have diabetic retinopathy. Carlos M. Pinto reactions resulting in loss of He holds a Class B CDL from Iowa. consciousness, requiring the assistance Mr. Pinto, 48, has had ITDM since of another person, or resulting in 2012. His endocrinologist examined him Gary L. Ray impaired cognitive function that in 2015 and certified that he has had no Mr. Ray, 50, has had ITDM since occurred without warning in the past 12 severe hypoglycemic reactions resulting 2014. His endocrinologist examined him months and no recurrent (2 or more) in loss of consciousness, requiring the in 2015 and certified that he has had no severe hypoglycemic episodes in the assistance of another person, or severe hypoglycemic reactions resulting last 5 years. His endocrinologist certifies resulting in impaired cognitive function in loss of consciousness, requiring the that Mr. Perez-Beltran understands that occurred without warning in the assistance of another person, or diabetes management and monitoring, past 12 months and no recurrent (2 or resulting in impaired cognitive function has stable control of his diabetes using more) severe hypoglycemic episodes in that occurred without warning in the insulin, and is able to drive a CMV the last 5 years. His endocrinologist past 12 months and no recurrent (2 or safely. Mr. Perez-Beltran meets the certifies that Mr. Pinto understands more) severe hypoglycemic episodes in requirements of the vision standard at diabetes management and monitoring, the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His has stable control of his diabetes using certifies that Mr. Ray understands ophthalmologist examined him in 2015 insulin, and is able to drive a CMV diabetes management and monitoring, and certified that he has stable safely. Mr. Pinto meets the requirements has stable control of his diabetes using nonproliferative diabetic retinopathy. of the vision standard at 49 CFR insulin, and is able to drive a CMV He holds an operator’s license from 391.41(b)(10). His ophthalmologist safely. Mr. Ray meets the requirements Pennsylvania. examined him in 2015 and certified that of the vision standard at 49 CFR he has stable proliferative diabetic 391.41(b)(10). His optometrist examined Bruce J. Pfeffer retinopathy. He holds a Class B CDL him in 2015 and certified that he does Mr. Pfeffer, 62, has had ITDM since from New York. not have diabetic retinopathy. He holds 2015. His endocrinologist examined him a Class A CDL from Arkansas. in 2015 and certified that he has had no Peter C. Poungded severe hypoglycemic reactions resulting Mr. Poungded, 39, has had ITDM Thomas L. Rice in loss of consciousness, requiring the since 2013. His endocrinologist Mr. Rice, 60, has had ITDM since assistance of another person, or examined him in 2015 and certified that 2007. His endocrinologist examined him resulting in impaired cognitive function he has had no severe hypoglycemic in 2015 and certified that he has had no that occurred without warning in the reactions resulting in loss of severe hypoglycemic reactions resulting past 12 months and no recurrent (2 or consciousness, requiring the assistance in loss of consciousness, requiring the more) severe hypoglycemic episodes in of another person, or resulting in assistance of another person, or the last 5 years. His endocrinologist impaired cognitive function that resulting in impaired cognitive function certifies that Mr. Pfeffer understands occurred without warning in the past 12 that occurred without warning in the diabetes management and monitoring, months and no recurrent (2 or more) past 12 months and no recurrent (2 or has stable control of his diabetes using severe hypoglycemic episodes in the more) severe hypoglycemic episodes in insulin, and is able to drive a CMV last 5 years. His endocrinologist certifies the last 5 years. His endocrinologist safely. Mr. Pfeffer meets the that Mr. Poungded understands diabetes certifies that Mr. Rice understands requirements of the vision standard at management and monitoring, has stable diabetes management and monitoring, 49 CFR 391.41(b)(10). His control of his diabetes using insulin, has stable control of his diabetes using ophthalmologist examined him in 2015 and is able to drive a CMV safely. Mr. insulin, and is able to drive a CMV and certified that he does not have Poungded meets the requirements of the safely. Mr. Rice meets the requirements diabetic retinopathy. He holds a Class A vision standard at 49 CFR 391.41(b)(10). of the vision standard at 49 CFR CDL from Iowa. His optometrist examined him in 2015 391.41(b)(10). His optometrist examined and certified that he does not have him in 2015 and certified that he does Seth A. Piel diabetic retinopathy. He holds a Class B not have diabetic retinopathy. He holds Mr. Piel, 39, has had ITDM since CDL from California. a Class A CDL from Tennessee. 1984. His endocrinologist examined him in 2015 and certified that he has had no Michael D. Prestby Wilson Rosado severe hypoglycemic reactions resulting Mr. Prestby, 51, has had ITDM since Mr. Rosado, 71, has had ITDM since in loss of consciousness, requiring the 1992. His endocrinologist examined him 2013. His endocrinologist examined him assistance of another person, or in 2015 and certified that he has had no in 2015 and certified that he has had no resulting in impaired cognitive function severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting that occurred without warning in the in loss of consciousness, requiring the in loss of consciousness, requiring the past 12 months and no recurrent (2 or assistance of another person, or assistance of another person, or more) severe hypoglycemic episodes in resulting in impaired cognitive function resulting in impaired cognitive function

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that occurred without warning in the person, or resulting in impaired severe hypoglycemic reactions resulting past 12 months and no recurrent (2 or cognitive function that occurred without in loss of consciousness, requiring the more) severe hypoglycemic episodes in warning in the past 12 months and no assistance of another person, or the last 5 years. His endocrinologist recurrent (2 or more) severe resulting in impaired cognitive function certifies that Mr. Rosado understands hypoglycemic episodes in the last 5 that occurred without warning in the diabetes management and monitoring, years. Her endocrinologist certifies that past 12 months and no recurrent (2 or has stable control of his diabetes using Ms. Sexton understands diabetes more) severe hypoglycemic episodes in insulin, and is able to drive a CMV management and monitoring has stable the last 5 years. His endocrinologist safely. Mr. Rosado meets the control of her diabetes using insulin, certifies that Mr. Smith understands requirements of the vision standard at and is able to drive a CMV safely. Ms. diabetes management and monitoring, 49 CFR 391.41(b)(10). His optometrist Sexton meets the requirements of the has stable control of his diabetes using examined him in 2015 and certified that vision standard at 49 CFR 391.41(b)(10). insulin, and is able to drive a CMV he does not have diabetic retinopathy. Her ophthalmologist examined her in safely. Mr. Smith meets the He holds a Class B CDL from Indiana. 2015 and certified that she has stable requirements of the vision standard at proliferative diabetic retinopathy. She Jason G. Ross 49 CFR 391.41(b)(10). His optometrist holds a Class B CDL from Illinois. examined him in 2015 and certified that Mr. Ross, 21, has had ITDM since Jacob A. Small he does not have diabetic retinopathy. 2005. His endocrinologist examined him He holds an operator’s license from in 2015 and certified that he has had no Mr. Small, 58, has had ITDM since Maryland. severe hypoglycemic reactions resulting 2006. His endocrinologist examined him in loss of consciousness, requiring the in 2015 and certified that he has had no Timmy J. Tarnowski assistance of another person, or severe hypoglycemic reactions resulting Mr. Tarnowski, 50, has had ITDM resulting in impaired cognitive function in loss of consciousness, requiring the since 2015. His endocrinologist that occurred without warning in the assistance of another person, or examined him in 2015 and certified that past 12 months and no recurrent (2 or resulting in impaired cognitive function he has had no severe hypoglycemic more) severe hypoglycemic episodes in that occurred without warning in the reactions resulting in loss of the last 5 years. His endocrinologist past 12 months and no recurrent (2 or consciousness, requiring the assistance certifies that Mr. Ross understands more) severe hypoglycemic episodes in of another person, or resulting in diabetes management and monitoring, the last 5 years. His endocrinologist impaired cognitive function that has stable control of his diabetes using certifies that Mr. Small understands occurred without warning in the past 12 insulin, and is able to drive a CMV diabetes management and monitoring, months and no recurrent (2 or more) safely. Mr. Ross meets the requirements has stable control of his diabetes using severe hypoglycemic episodes in the of the vision standard at 49 CFR insulin, and is able to drive a CMV last 5 years. His endocrinologist certifies 391.41(b)(10). His optometrist examined safely. Mr. Small meets the that Mr. Tarnowski understands him in 2015 and certified that he does requirements of the vision standard at diabetes management and monitoring, not have diabetic retinopathy. He holds 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using an operator’s license from California. examined him in 2015 and certified that insulin, and is able to drive a CMV he does not have diabetic retinopathy. Timothy P. Ross safely. Mr. Tarnowski meets the He holds a Class A CDL from New requirements of the vision standard at Mr. Ross, 47, has had ITDM since Jersey. 1989. His endocrinologist examined him 49 CFR 391.41(b)(10). His optometrist in 2015 and certified that he has had no Gregory T. Smith examined him in 2015 and certified that severe hypoglycemic reactions resulting Mr. Smith, 52, has had ITDM since he does not have diabetic retinopathy. in loss of consciousness, requiring the 2006. His endocrinologist examined him He holds a Class A CDL from assistance of another person, or in 2015 and certified that he has had no Minnesota. resulting in impaired cognitive function severe hypoglycemic reactions resulting Dale L. Vaughan that occurred without warning in the in loss of consciousness, requiring the past 12 months and no recurrent (2 or assistance of another person, or Mr. Vaughan, 57, has had ITDM since more) severe hypoglycemic episodes in resulting in impaired cognitive function 1976. His endocrinologist examined him the last 5 years. His endocrinologist that occurred without warning in the in 2015 and certified that he has had no certifies that Mr. Ross understands past 12 months and no recurrent (2 or severe hypoglycemic reactions resulting diabetes management and monitoring, more) severe hypoglycemic episodes in in loss of consciousness, requiring the has stable control of his diabetes using the last 5 years. His endocrinologist assistance of another person, or insulin, and is able to drive a CMV certifies that Mr. Smith understands resulting in impaired cognitive function safely. Mr. Ross meets the requirements diabetes management and monitoring, that occurred without warning in the of the vision standard at 49 CFR has stable control of his diabetes using past 12 months and no recurrent (2 or 391.41(b)(10). His ophthalmologist insulin, and is able to drive a CMV more) severe hypoglycemic episodes in examined him in 2015 and certified that safely. Mr. Smith meets the the last 5 years. His endocrinologist he has stable nonproliferative diabetic requirements of the vision standard at certifies that Mr. Vaughan understands retinopathy. He holds an operator’s 49 CFR 391.41(b)(10). His diabetes management and monitoring, license from Florida. ophthalmologist examined him in 2015 has stable control of his diabetes using and certified that he has stable insulin, and is able to drive a CMV Sandra J. Sexton nonproliferative diabetic retinopathy. safely. Mr. Vaughan meets the Ms. Sexton, 55, has had ITDM since He holds a Class A CDL from Wyoming. requirements of the vision standard at 2000. Her endocrinologist examined her 49 CFR 391.41(b)(10). His optometrist in 2015 and certified that she has had Randy Smith examined him in 2015 and certified that no severe hypoglycemic reactions Mr. Smith, 58, has had ITDM since he does not have diabetic retinopathy. resulting in loss of consciousness, 2014. His endocrinologist examined him He holds an operator’s license from requiring the assistance of another in 2015 and certified that he has had no Missouri.

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Tyler J. Vogt He holds an operator’s license from 52441). 1 The revision must provide for Mr. Vogt, 48, has had ITDM since Wisconsin. individual assessment of drivers with diabetes mellitus, and be consistent 2015. His endocrinologist examined him Donald L. Westbrook in 2015 and certified that he has had no with the criteria described in section severe hypoglycemic reactions resulting Mr. Westbrook, 57, has had ITDM 4018 of the Transportation Equity Act in loss of consciousness, requiring the since 1998. His endocrinologist for the 21st Century (49 U.S.C. 31305). Section 4129 requires: (1) Elimination assistance of another person, or examined him in 2015 and certified that of the requirement for 3 years of resulting in impaired cognitive function he has had no severe hypoglycemic experience operating CMVs while being that occurred without warning in the reactions resulting in loss of consciousness, requiring the assistance treated with insulin; and (2) past 12 months and no recurrent (2 or establishment of a specified minimum more) severe hypoglycemic episodes in of another person, or resulting in impaired cognitive function that period of insulin use to demonstrate the last 5 years. His endocrinologist stable control of diabetes before being certifies that Mr. Vogt understands occurred without warning in the past 12 months and no recurrent (2 or more) allowed to operate a CMV. diabetes management and monitoring, In response to section 4129, FMCSA severe hypoglycemic episodes in the has stable control of his diabetes using made immediate revisions to the last 5 years. His endocrinologist certifies insulin, and is able to drive a CMV diabetes exemption program established that Mr. Westbrook understands safely. Mr. Vogt meets the requirements by the September 3, 2003 notice. diabetes management and monitoring, of the vision standard at 49 CFR FMCSA discontinued use of the 3-year 391.41(b)(10). His optometrist examined has stable control of his diabetes using driving experience and fulfilled the him in 2015 and certified that he does insulin, and is able to drive a CMV requirements of section 4129 while not have diabetic retinopathy. He holds safely. Mr. Westbrook meets the continuing to ensure that operation of a Class A CDL from Illinois. requirements of the vision standard at CMVs by drivers with ITDM will 49 CFR 391.41(b)(10). His Christoph Wagner achieve the requisite level of safety ophthalmologist examined him in 2015 required of all exemptions granted Mr. Wagner, 42, has had ITDM since and certified that he does not have under 49 U.S.C.. 31136 (e). 2007. His endocrinologist examined him diabetic retinopathy. He holds a Class A Section 4129(d) also directed FMCSA in 2015 and certified that he has had no CDL from Pennsylvania. to ensure that drivers of CMVs with severe hypoglycemic reactions resulting David M. Wike ITDM are not held to a higher standard in loss of consciousness, requiring the than other drivers, with the exception of assistance of another person, or Mr. Wike, 61, has had ITDM since limited operating, monitoring and resulting in impaired cognitive function 2013. His endocrinologist examined him medical requirements that are deemed that occurred without warning in the in 2015 and certified that he has had no medically necessary. past 12 months and no recurrent (2 or severe hypoglycemic reactions resulting The FMCSA concluded that all of the more) severe hypoglycemic episodes in in loss of consciousness, requiring the operating, monitoring and medical the last 5 years. His endocrinologist assistance of another person, or requirements set out in the September 3, certifies that Mr. Wagner understands resulting in impaired cognitive function 2003 notice, except as modified, were in diabetes management and monitoring, that occurred without warning in the compliance with section 4129(d). has stable control of his diabetes using past 12 months and no recurrent (2 or Therefore, all of the requirements set insulin, and is able to drive a CMV more) severe hypoglycemic episodes in out in the September 3, 2003 notice, safely. Mr. Wagner meets the the last 5 years. His endocrinologist except as modified by the notice in the requirements of the vision standard at certifies that Mr. Wike understands Federal Register on November 8, 2005 49 CFR 391.41(b)(10). His optometrist diabetes management and monitoring, (70 FR 67777), remain in effect. examined him in 2015 and certified that has stable control of his diabetes using IV. Submitting Comments he does not have diabetic retinopathy. insulin, and is able to drive a CMV He holds a Class B CDL from New safely. Mr. Wike meets the requirements You may submit your comments and Jersey. of the vision standard at 49 CFR material online or by fax, mail, or hand delivery, but please use only one of Russell J. Welke 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that these means. FMCSA recommends that Mr. Welke, 54, has had ITDM since he does not have diabetic retinopathy. you include your name and a mailing 2001. His endocrinologist examined him He holds a Class A CDL from North address, an email address, or a phone in 2015 and certified that he has had no Carolina. number in the body of your document severe hypoglycemic reactions resulting so that FMCSA can contact you if there in loss of consciousness, requiring the III. Request for Comments are questions regarding your assistance of another person, or submission. In accordance with 49 U.S.C. 31136(e) resulting in impaired cognitive function To submit your comment online, go to and 31315, FMCSA requests public that occurred without warning in the http://www.regulations.gov and in the comment from all interested persons on past 12 months and no recurrent (2 or search box insert the docket number the exemption petitions described in more) severe hypoglycemic episodes in FMCSA–2015–0339 and click the search this notice. We will consider all the last 5 years. His endocrinologist button. When the new screen appears, comments received before the close of certifies that Mr. Welke understands click on the blue ‘‘Comment Now!’’ business on the closing date indicated diabetes management and monitoring, button on the right hand side of the in the date section of the notice. has stable control of his diabetes using page. On the new page, enter insulin, and is able to drive a CMV FMCSA notes that section 4129 of the information required including the safely. Mr. Welke meets the Safe, Accountable, Flexible and requirements of the vision standard at Efficient Transportation Equity Act: A 1 Section 4129(a) refers to the 2003 notice as a Legacy for Users requires the Secretary ‘‘final rule.’’ However, the 2003 notice did not issue 49 CFR 391.41(b)(10). His optometrist a ‘‘final rule’’ but did establish the procedures and examined him in 2015 and certified that to revise its diabetes exemption program standards for issuing exemptions for drivers with he does not have diabetic retinopathy. established on September 3, 2003 (68 FR ITDM.

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specific section of this document to of the States. FMCSA believes that the II. Background which each comment applies, and process for obtaining a German provide a reason for each suggestion or commercial license is comparable to or Since 2012, FMCSA has granted five recommendation. If you submit your as effective as the U.S. CDL Daimler drivers similar exemptions comments by mail or hand delivery, requirements and ensures that this [May 25, 2012 (77 FR 31422); July 22, submit them in an unbound format, no driver will likely achieve a level of 2014 (79 FR 42626); August 29, 2014 (79 1 FR 516910); March 27, 2015 (80 FR larger than 8 ⁄2 by 11 inches, suitable for safety that is equivalent to or greater copying and electronic filing. If you than the level of safety that would be 16511)]. Each of these drivers held a submit comments by mail and would obtained in the absence of the valid German commercial license but like to know that they reached the exemption. lacked the U.S. residency required to facility, please enclose a stamped, self- obtain a CDL. FMCSA has concluded addressed postcard or envelope. DATES: This exemption is effective that the process for obtaining a German We will consider all comments and December 21, 2015 and expires commercial license is comparable to or material received during the comment December 21, 2017. as effective as the U.S. CDL period and may change this proposed ADDRESSES: Docket: For access to the requirements and ensures that these rule based on your comments. FMCSA docket to read background documents drivers will likely achieve a level of may issue a final rule at any time after or comments, go to www.regulations.gov safety equivalent to or greater than the the close of the comment period. at any time or visit Room W12–140 on level that would be obtained in the absence of the exemption. V. Viewing Comments and Documents the ground level of the West Building, 1200 New Jersey Avenue SE., III. Legal Basis To view comments, as well as any Washington, DC, between 9 a.m. and 5 documents mentioned in this preamble, p.m., ET, Monday through Friday, The Secretary of Transportation (the To submit your comment online, go to except Federal holidays. The on-line Secretary) has the authority to grant http://www.regulations.gov and in the FDMS is available 24 hours each day, exemptions from any of the Federal search box insert the docket number 365 days each year Motor Carrier Safety Regulations FMCSA–2015–0339 and click ‘‘Search.’’ Privacy Act: In accordance with 5 (FMCSRs) issued under chapter 313 or Next, click ‘‘Open Docket Folder’’ and U.S.C. 553(c), DOT solicits comments § 31136 of title 49, United States Code, you will find all documents and from the public to better inform its to a person(s) seeking regulatory relief comments related to the proposed rulemaking process. DOT posts these (49 U.S.C. 31136(e), and 31315(b)). Prior rulemaking. comments, without edit, including any to granting an exemption, the Secretary Issued on: December 9, 2015. personal information the commenter must request public comment and make Larry W. Minor, provides, to www.regulations.gov, as a determination that the exemption is Associate Administrator for Policy. described in the system of records likely to achieve a level of safety that is [FR Doc. 2015–31973 Filed 12–18–15; 8:45 am] notice (DOT/ALL–14 FDMS), which can equivalent to, or greater than, the level BILLING CODE 4910–EX–P be reviewed at www.dot.gov/privacy. of safety that would be achieved absent such exemption. FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and Carrier IV. Daimler Application for Exemption DEPARTMENT OF TRANSPORTATION Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Daimler applied for the same CDL Federal Motor Carrier Safety exemption for Philipp Kehm. Notice of Administration Telephone: 202–366–4325, Email: [email protected], Federal Motor Carrier the application was published on [Docket No. FMCSA–2012–0032] Safety Administration, 1200 New Jersey September 4, 2015 (80 FR 53614). Only Avenue SE., Washington, DC 20590– one comment was filed, and the Commercial Driver’s License 0001. If you have questions on viewing commenter neither opposed nor Standards: Application for Exemption; material in the docket, contact Docket supported the application for exemption Daimler Trucks North America Services, telephone (202) 366–9826. for Mr. Kehm. A copy of the Daimler (Daimler) request is in the docket identified at the SUPPLEMENTARY INFORMATION: beginning of this notice. The exemption AGENCY: Federal Motor Carrier Safety would allow Mr. Kehm to operate CMVs Administration (FMCSA), DOT. I. Public Participation to support Daimler field tests to meet ACTION: Notice of final disposition; grant Viewing Comments and Documents future vehicle safety and environmental of application for exemption. To view comments, as well as requirements and to promote the SUMMARY: FMCSA announces its documents mentioned in this preamble development of technology and decision to grant Daimler Trucks North as being available in the docket, go to advancements in vehicle safety systems America’s (Daimler) application for an www.regulations.gov and insert the and emissions reductions. He will exemption to allow a Daimler employee docket number, ‘‘FMCSA–2012 -0032 in typically drive for no more than 6 hours to drive commercial motor vehicles the ‘‘Keyword’’ box and click ‘‘Search.’’ per day for up to 10 days, and 10 (CMV) in the United States without Next, click ‘‘Open Docket Folder’’ percent of the test driving will be on having a commercial driver’s license button and choose the document listed two-lane State highways, while 90 (CDL) issued by one of the States. The to review. If you do not have access to percent will be on interstate highways. driver, Philipp Kehm, will test-drive the Internet, you may view the docket The driving will consist of no more than Daimler vehicles on U.S. roads to better online by visiting the Docket 200 miles per day, on a biannual basis. understand product requirements for Management Facility in Room W12–140 Section 383.21 requires CMV drivers these vehicles in ‘‘real world’’ on the ground floor of the DOT West in the United States to have a CDL environments and verify results. He Building, 1200 New Jersey Avenue SE., issued by a State. With a few holds a valid German commercial Washington, DC 20590, between 9 a.m. exceptions, only residents of a State can license but lacks the U.S. residency and 5 p.m., e.t., Monday through Friday, apply for a CDL. Mr. Kehm is a citizen necessary to obtain a CDL issued by one except Federal holidays. and resident of Germany. Without the

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exemption, he would not be able to test- FMCSA in writing if this driver is SUPPLEMENTARY INFORMATION: drive prototype CMVs on U.S. roads. convicted of a disqualifying offense I. Electronic Access Mr. Kehm holds a valid German under § 383.51 or § 391.15 of the commercial license and is an FMCSRs. You may see all the comments online experienced operator of CMVs. In the In accordance with 49 U.S.C. 31315 through the Federal Document application for exemption, Daimler also and 31136(e), the exemption will be Management System (FDMS) at: http:// submitted documentation showing his valid for 2 years unless revoked earlier www.regulations.gov. safe German driving record. by the FMCSA. The exemption will be Docket: For access to the docket to revoked if (1) Mr. Kehm fails to comply read background documents or V. Method To Ensure an Equivalent or comments, go to http:// Greater Level of Safety with the terms and conditions of the exemption; (2) the exemption results in www.regulations.gov and/or Room According to Daimler, the a lower level of safety than was W12–140 on the ground level of the requirements for a German-issued maintained before it was granted; or (3) West Building, 1200 New Jersey Avenue commercial license ensure that drivers continuation of the exemption would be SE., Washington, DC, between 9 a.m. meet or exceed the same level of safety inconsistent with the goals and and 5 p.m., Monday through Friday, as if these drivers had obtained a U.S. objectives of 49 U.S.C. 31315 and 31136. except Federal holidays. CDL. Mr. Kehm is familiar with the Privacy Act: In accordance with 5 operation of CMVs worldwide and will VIII. Preemption U.S.C. 553(c), DOT solicits comments be accompanied at all times by a driver In accordance with 49 U.S.C. from the public to better inform its who holds a U.S. CDL and is familiar 31315(d), as implemented by 49 CFR rulemaking process. DOT posts these with the routes to be traveled. FMCSA 381.600, during the period this comments, without edit, including any has determined that the process for exemption is in effect, no State shall personal information the commenter obtaining a commercial license in enforce any law or regulation applicable provides, to www.regulations.gov, as Germany is comparable to that for to interstate or intrastate commerce that described in the system of records obtaining a CDL issued by one of the conflicts with or is inconsistent with notice (DOT/ALL–14 FDMS), which can States and adequately assesses the this exemption with respect to a firm or be reviewed at www.dot.gov/privacy. driver’s ability to operate CMVs safely person operating under the exemption. in the United States. II. Background Issued on: December 10, 2015. On August 6, 2015, FMCSA published VI. FMCSA Decision T.F. Scott Darling, III, a notice of receipt of Federal diabetes Based upon the merits of this Acting Administrator. exemption applications from 46 application, including Mr. Kehm’s [FR Doc. 2015–31959 Filed 12–18–15; 8:45 am] individuals and requested comments extensive driving experience and safety BILLING CODE 4910–EX–P from the public (80 FR 47024). The record, and the fact that he has public comment period closed on successfully completed the requisite September 8, 2015, and no comments training and testing to obtain a German DEPARTMENT OF TRANSPORTATION were received. commercial license, FMCSA concluded FMCSA has evaluated the eligibility that the exemption would likely achieve Federal Motor Carrier Safety of the 46 applicants and determined that a level of safety that is equivalent to or Administration granting the exemptions to these greater than the level that would be [FMCSA Docket No. FMCSA–2015–0064] individuals would achieve a level of achieved absent such exemption, in safety equivalent to or greater than the accordance with § 381.305(a). Qualification of Drivers; Exemption level that would be achieved by Applications; Diabetes Mellitus VII. Terms and Conditions for the complying with the current regulation 49 CFR 391.41(b)(3). Exemption AGENCY: Federal Motor Carrier Safety FMCSA grants Daimler and Mr. Administration (FMCSA), DOT. Diabetes Mellitus and Driving Philipp Kehm an exemption from the ACTION: Notice of final disposition. Experience of the Applicants CDL requirement in 49 CFR 383.23 to The Agency established the current SUMMARY: allow Mr. Kehm to drive CMVs in this FMCSA confirms its decision requirement for diabetes in 1970 country without a U.S. State-issued to exempt 46 individuals from its rule because several risk studies indicated CDL, subject to the following terms and prohibiting persons with insulin-treated that drivers with diabetes had a higher conditions: (1) The driver and carrier diabetes mellitus (ITDM) from operating rate of crash involvement than the must comply with all other applicable commercial motor vehicles (CMVs) in general population. The diabetes rule provisions of the Federal Motor Carrier interstate commerce. The exemptions provides that ‘‘A person is physically Safety Regulations (FMCSRs) (49 CFR enable these individuals to operate qualified to drive a commercial motor parts 350–399); (2) the driver must be in CMVs in interstate commerce. vehicle if that person has no established possession of the exemption document DATES: The exemptions were effective medical history or clinical diagnosis of and a valid German commercial license; on September 9, 2015. The exemptions diabetes mellitus currently requiring (3) the driver must be employed by and expire on September 9, 2017. insulin for control’’ (49 CFR operate the CMV within the scope of his FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). duties for Daimler; (4) at all times while Christine A. Hydock, Chief, Medical FMCSA established its diabetes operating a CMV under this exemption, Programs Division, (202) 366–4001, exemption program, based on the the driver must be accompanied by a [email protected], FMCSA, Agency’s July 2000 study entitled ‘‘A holder of a U.S. CDL who is familiar Department of Transportation, 1200 Report to Congress on the Feasibility of with the routes traveled; (5) Daimler New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with must notify FMCSA in writing within 5 113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to business days of any accident, as Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as defined in 49 CFR 390.5, involving this e.t., Monday through Friday, except Directed by the Transportation Act for driver; and (6) Daimler must notify Federal holidays. the 21st Century.’’ The report concluded

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that a safe and practicable protocol to V. Conditions and Requirements Anthony J. Nault (NH) allow some drivers with ITDM to The terms and conditions of the Sammie J. Nazzise (UT) operate CMVs is feasible. The exemption will be provided to the Doyle C. Owens (NM) September 3, 2003 (68 FR 52441), applicants in the exemption document Alvin W. Peck, Jr. (SD) Federal Register notice in conjunction and they include the following: (1) That Roy R. Phelps (CA) with the November 8, 2005 (70 FR each individual submit a quarterly Loran L. Ragar (MO) 67777), Federal Register notice provides monitoring checklist completed by the Larry W. Reed (TN) Joey D. Renfrow (NC) the current protocol for allowing such treating endocrinologist as well as an Phillip J. Rigling (TN) drivers to operate CMVs in interstate annual checklist with a comprehensive Kenneth W. Romjue (OK) commerce. medical evaluation; (2) that each Robert T. Scott (OH) These 46 applicants have had ITDM individual reports within 2 business Larry Sherman (AR) over a range of 1 to 47 years. These days of occurrence, all episodes of John Smeal (PA) applicants report no severe severe hypoglycemia, significant Ronald G. Smeltzer (IN) complications, or inability to manage hypoglycemic reactions resulting in loss Randy E. Smith (PA) diabetes; also, any involvement in an of consciousness or seizure, requiring Curtis G. Taylor (WA) accident or any other adverse event in the assistance of another person, or Jacob F.M. Tucker (UT) a CMV or personal vehicle, whether or resulting in impaired cognitive function Jeremy D. Urbanosky (TX) not it is related to an episode of that occurred without warning Joseph T. Webb, Jr. (NH) hypoglycemia; (3) that each individual symptoms, in the past 12 months and no Douglas L. Zerkle (OH) recurrent (2 or more) severe provide a copy of the ophthalmologist’s hypoglycemic episodes in the past 5 or optometrist’s report to the medical In accordance with 49 U.S.C. 31136(e) years. In each case, an endocrinologist examiner at the time of the annual and 31315 each exemption is valid for verified that the driver has medical examination; and (4) that each two years unless revoked earlier by demonstrated a willingness to properly individual provide a copy of the annual FMCSA. The exemption will be revoked if the following occurs: (1) The person monitor and manage his/her diabetes medical certification to the employer for fails to comply with the terms and mellitus, received education related to retention in the driver’s qualification conditions of the exemption; (2) the diabetes management, and is on a stable file, or keep a copy in his/her driver’s exemption has resulted in a lower level insulin regimen. These drivers report no qualification file if he/she is self- of safety than was maintained before it other disqualifying conditions, employed. The driver must also have a was granted; or (3) continuation of the including diabetes-related copy of the certification when driving, exemption would not be consistent with complications. Each meets the vision for presentation to a duly authorized the goals and objectives of 49 U.S.C. requirement at 49 CFR 391.41(b)(10). Federal, State, or local enforcement official. 31136(e) and 31315. If the exemption is The qualifications and medical still effective at the end of the 2-year condition of each applicant were stated VI. Conclusion period, the person may apply to FMCSA and discussed in detail in the August 6, Based upon its evaluation of the 46 for a renewal under procedures in effect 2015, Federal Register notice and they exemption applications, FMCSA at that time. will not be repeated in this notice. exempts the following drivers from the Issued on: December 9, 2015. III. Discussion of Comments diabetes requirement in 49 CFR Larry W. Minor, 391.41(b)(10), subject to the Associate Administrator for Policy. FMCSA received no comments in this requirements cited above 949 CFR [FR Doc. 2015–31975 Filed 12–18–15; 8:45 am] proceeding. 391.64(b)): BILLING CODE 4910–EX–P IV. Basis for Exemption Determination Earl H. Andreas (PA) Kristopher K. Bitting (PA) Under 49 U.S.C. 31136(e) and 31315, Eric A. Bouldin (TX) DEPARTMENT OF TRANSPORTATION FMCSA may grant an exemption from Joel K. Bredeson (WY) the diabetes requirement in 49 CFR Clinton L. Carlaw, III (WI) Federal Motor Carrier Safety 391.41(b)(3) if the exemption is likely to Victor Carranza (IA) Administration Steven A. Casavant (RI) achieve an equivalent or greater level of [Docket No. FMCSA–2015–0239] safety than would be achieved without Justin M. Coffey (RI) the exemption. The exemption allows Steven W. Conrad, Jr. (PA) Parts and Accessories Necessary for the applicants to operate CMVs in Jeremy L. Demar (MN) Safe Operation; Volvo Trucks of North interstate commerce. Anthony C. Eavenson (NM) America Application for an Exemption Markie Q. Elsey (MD) To evaluate the effect of these Michael W. Finnegan (NJ) AGENCY: Federal Motor Carrier Safety exemptions on safety, FMCSA Gale A. Gallagher (IL) Administration (FMCSA), DOT. considered medical reports about the Scott E. Gallagher (VA) ACTION: Notice of final disposition. applicants’ ITDM and vision, and David L. Hareland (MN) reviewed the treating endocrinologists’ J. Dale Hogrefe (MN) SUMMARY: The Federal Motor Carrier medical opinion related to the ability of Moazzam Imtiaz (FL) Safety Administration (FMCSA) the driver to safely operate a CMV while Brian C. Kennerson (NH) announces its decision to grant Volvo using insulin. Garrett P. Lockwood (IN) Trucks of North America’s (Volvo) Consequently, FMCSA finds that in Sean P. McNally (AZ) application for a limited 2-year each case exempting these applicants Ryan A. McNaught (AZ) exemption from 49 CFR 393.60(e)(1) on from the diabetes requirement in 49 CFR James S. Miller (PA) behalf of motor carriers operating Volvo 391.41(b)(3) is likely to achieve a level Paul R. Monfils (RI) commercial motor vehicles (CMVs) to of safety equal to that existing without Bryan Moser (AR) use a rain and ambient light detection the exemption. Richard G. Murman (PA) sensor mounted in the windshield area

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at a height lower than what is currently exemption, and the regulatory provision The exemption would apply to all allowed by the regulation. The sensor is from which the exemption is granted. Volvo CMVs. Volvo believes that part of a hands-free driver aid The notice must also specify the mounting the sensor lower in the equipment package intended to improve effective period and explain the terms windshield will allow it to function driver safety. The Agency has and conditions of the exemption. The properly while maximizing the external determined that the placement of the exemption may be renewed (49 CFR view of the road and maintaining an rain and ambient light detection sensor 381.300(b)). adequate forward facing field of view for in the windshield area would not have the driver. Volvo’s Application for Exemption an adverse impact on safety and that the Comments terms and conditions of the exemption Volvo applied for an exemption from would achieve a level of safety 49 CFR 393.60(e)(1) to allow the FMCSA published a notice of the equivalent to or greater than the level of placement of a rain and ambient light application in the Federal Register on safety provided by the regulation. detection sensor on Volvo CMVs lower July 24, 2015, and asked for public DATES: This exemption is effective in the windshield than is currently comment (80 FR 44186). December 21, 2015 and ending permitted by the Agency’s regulations in The Agency received one comment December 20, 2017. order to utilize a mounting location that from an anonymous commenter, supporting the exemption application. FOR FURTHER INFORMATION CONTACT: Mr. allows the sensor to function correctly. Luke Loy, Vehicle and Roadside A copy of the application is included in FMCSA Decision the docket referenced at the beginning Operations Division, Office of Carrier, The FMCSA has evaluated the Volvo of this notice. Driver, and Vehicle Safety, MC–PSV, exemption application. The Agency (202) 366–0676, Federal Motor Carrier Section 393.60(e)(1) of the FMCSRs believes that granting the temporary Safety Administration, 1200 New Jersey prohibits the obstruction of the driver’s exemption to allow the placement of the Avenue SE., Washington, DC 20590– field of view by devices mounted on the rain and ambient light detection sensor 0001. windshield. Antennas, transponders, lower in the windshield than is Docket: For access to the docket to and similar devices must not be currently permitted by the Agency’s read background documents or mounted more than 152 mm (6 inches) regulations will provide a level of safety comments submitted to notice below the upper edge of the windshield. that is equivalent to, or greater than, the requesting public comments on the These devices must be located outside level of safety achieved without the exemption application, go to the area swept by the windshield exemption because (1) based on the www.regulations.gov at any time or visit wipers, and outside the driver’s sight technical information available, there is Room W12–140 on the ground level of lines to the road and highway signs and no indication that the rain and ambient the West Building, 1200 New Jersey signals. light detection sensor would obstruct Avenue SE, Washington, DC, between 9 The application stated: drivers’ views of the roadway, highway a.m. and 5 p.m., ET, Monday through Volvo is making this request so that it signs and surrounding traffic; (2) Friday, except Federal holidays. The on- becomes possible to introduce a rain and generally, trucks and buses have an line Federal document management ambient light detection sensor as an option elevated seating position that greatly system is available 24 hours each day, on some Volvo commercial motor vehicles. improves the forward visual field of the In order for the sensor to function correctly, 365 days each year. The docket number driver, and any impairment of available is listed at the beginning of this notice. it must be installed in the wiper swept area of the windshield. This is due to the fact that sight lines would be minimal; and (3) SUPPLEMENTARY INFORMATION: an unswept portion of the windshield, which the location within the bottom 7 inches Background would not necessarily be kept clean and dry of the area swept by the windshield by the wipers, could make it difficult for the wiper 1 and out of the driver’s normal FMCSA has authority under 49 U.S.C. sensor to determine if the wipers are needed sightline will be reasonable and 31136(e) and 31315 to grant exemptions or not. The sensor, which is approximately enforceable at roadside. In addition, the from certain parts of the Federal Motor 2.6 inches tall by 2.2 inches wide, would be Agency believes that the use of rain and Carrier Safety Regulations. FMCSA must placed on the passenger side of the ambient light detection sensors by fleets publish a notice of each exemption windshield, outside the driver’s sight lines to all mirrors, highway signs, signals, and view is likely to improve the overall level of request in the Federal Register (49 CFR safety to the motoring public. 381.315(a)). The Agency must provide of the road ahead. Therefore, we respectfully request an exemption to grant us permission This action is consistent with the public an opportunity to inspect the to proceed with the installation of the sensor previous Agency action permitting the information relevant to the application, on the lower part of the windshield within placement of similarly-sized devices on including any safety analyses that have the bottom 6 inches of the area swept by the CMVs within the lower portion of the been conducted. The Agency must also wipers. . . windshield within the bottom 7 inches provide an opportunity for public This will enable Volvo to install this of the wiper swept area. In March 2015, comment on the request. hands-free driver aid equipment for FMCSA granted a temporary exemption The Agency reviews safety analyses commercial motor vehicle operators while to Volvo/Prevost, LLC enabling the ensuring the adherence to the specified and public comments submitted, and mounting of lane departure warning determines whether granting the location requirements requested. . . exemption would likely achieve a level Without the proposed exemption, 1 In its exemption application, Volvo referenced of safety equivalent to, or greater than, Volvo stated that it will not be able to two different mounting locations: ‘‘within the the level that would be achieved by the deploy the rain sensor and ambient light bottom 6 inches of the area swept by the wipers,’’ and ‘‘within 7 inches at the bottom of the wiper current regulation (49 CFR 381.305). system in vehicle models because (1) its swept area of the windshield. FMCSA confirmed The decision of the Agency must be ‘‘customers will be fined for violating with the applicant, Mr. Tim LaFon, Volvo’s Vice published in the Federal Register (49 the current regulation,’’ and (2) ‘‘the President of Regulatory Affairs, that the top of the CFR 381.315(b)) with the reasons for rain and ambient light sensing system sensor will be located 160 mm (6.3 inches) from the bottom of the windshield. As such, the subject denying or granting the application and, will not perform adequately and will exemption permits mounting of the rain and if granted, the name of the person or not generate the hands-free driver aid ambient light detection sensor within the bottom 7 class of persons receiving the benefits that would be expected.’’ inches of the area swept by the wipers.

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(LDW) system sensors not more than 7 Issued on: December 10, 2015. personal information provided. Please inches above the lower edge of the area T.F. Scott Darling, III, see the Privacy Act heading below for swept by the windshield wipers and Acting Administrator. further information. outside the driver’s sight lines to the [FR Doc. 2015–31972 Filed 12–18–15; 8:45 am] Docket: For access to the docket to road and highway signs and signals (80 BILLING CODE 4910–EX–P read background documents or FR 13460). FMCSA is not aware of any comments, go to http:// evidence showing that the installation www.regulations.gov at any time or of the LDW system sensors has resulted DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of in any degradation in safety. the West Building, 1200 New Jersey Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9 Terms and Conditions for the Administration Exemption a.m. and 5 p.m., Monday through [Docket No. FMCSA–2015–0345] Friday, except Federal holidays. The The Agency hereby grants the FDMS is available 24 hours each day, exemption for a 2-year period, Qualification of Drivers; Exemption 365 days each year. If you want beginning December 21, 2015 and Applications; Vision acknowledgment that we received your comments, please include a self- ending December 20, 2017. During the AGENCY: Federal Motor Carrier Safety temporary exemption period, motor Administration (FMCSA), DOT. addressed, stamped envelope or postcard or print the acknowledgement carriers will be allowed to operate ACTION: Notice of applications for page that appears after submitting CMVs manufactured by Volvo equipped exemptions; request for comments. with rain and ambient light detection comments on-line. sensors placed on the lower part of the SUMMARY: FMCSA announces receipt of Privacy Act: In accordance with 5 passenger side of the windshield within applications from 19 individuals for U.S.C. 553(c), DOT solicits comments the bottom 7 inches of the area swept by exemption from the vision requirement from the public to better inform its the wipers, outside the driver’s sight in the Federal Motor Carrier Safety rulemaking process. DOT posts these lines to all mirrors, highway signs, Regulations. They are unable to meet comments, without edit, including any signals, and view of the road ahead. The the vision requirement in one eye for personal information the commenter exemption will be valid for 2 years various reasons. The exemptions will provides, to www.regulations.gov, as unless rescinded earlier by FMCSA. The enable these individuals to operate described in the system of records exemption will be rescinded if: (1) commercial motor vehicles (CMVs) in notice (DOT/ALL–14 FDMS), which can Motor carriers and/or commercial motor interstate commerce without meeting be reviewed at www.dot.gov/privacy. the prescribed vision requirement in vehicles fail to comply with the terms FOR FURTHER INFORMATION CONTACT: and conditions of the exemption; (2) the one eye. If granted, the exemptions would enable these individuals to Christine A. Hydock, Chief, Medical exemption has resulted in a lower level Programs Division, (202) 366–4001, of safety than was maintained before it qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce. [email protected], FMCSA, was granted; or (3) continuation of the Department of Transportation, 1200 exemption would not be consistent with DATES: Comments must be received on New Jersey Avenue SE., Room W64– the goals and objectives of 49 U.S.C. or before January 20, 2016. All 113, Washington, DC 20590–0001. 31136(e) and 31315(b). comments will be investigated by Office hours are 8:30 a.m. to 5 p.m., e.t., Interested parties possessing FMCSA. The exemptions will be issued Monday through Friday, except Federal information that would demonstrate the day after the comment period closes. holidays. If you have questions that motor carriers operating Volvo ADDRESSES: You may submit comments regarding viewing or submitting CMVs equipped with rain and ambient bearing the Federal Docket Management material to the docket, contact Docket light sensors are not achieving the System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. requisite statutory level of safety should 2015–0345 using any of the following methods: SUPPLEMENTARY INFORMATION: immediately notify FMCSA. The • Agency will evaluate any such Federal eRulemaking Portal: Go to I. Background information and, if safety is being http://www.regulations.gov. Follow the compromised or if the continuation of on-line instructions for submitting Under 49 U.S.C. 31136(e) and 31315, comments. FMCSA may grant an exemption from the exemption is not consistent with 49 • U.S.C. 31136(e) and 31315(b), will take Mail: Docket Management Facility; the Federal Motor Carrier Safety U.S. Department of Transportation, 1200 immediate steps to revoke the Regulations for a 2-year period if it finds New Jersey Avenue SE., West Building ‘‘such exemption would likely achieve a exemption. Ground Floor, Room W12–140, level of safety that is equivalent to or Preemption Washington, DC 20590–0001. greater than the level that would be • Hand Delivery: West Building achieved absent such exemption.’’ In accordance with 49 U.S.C. Ground Floor, Room W12–140, 1200 FMCSA can renew exemptions at the 31313(d), as implemented by 49 CFR New Jersey Avenue SE., Washington, end of each 2-year period. The 19 381.600, during the period this DC, between 9 a.m. and 5 p.m., Monday individuals listed in this notice have exemption is in effect, no State shall through Friday, except Federal each requested such an exemption from enforce any law or regulation applicable Holidays. the vision requirement in 49 CFR to interstate commerce that conflicts • Fax: 1–202–493–2251. 391.41(b)(10), which applies to drivers with or is inconsistent with this Instructions: Each submission must of CMVs in interstate commerce. exemption with respect to a firm or include the Agency name and the Accordingly, the Agency will evaluate person operating under the exemption. docket numbers for this notice. Note the qualifications of each applicant to States may, but are not required to, that all comments received will be determine whether granting an adopt the same exemption with respect posted without change to http:// exemption will achieve the required to operations in intrastate commerce. www.regulations.gov, including any level of safety mandated by statute.

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II. Qualifications of Applicants should not affect his ability to perform convictions for moving violations in a his job . . . Based on the requirements CMV. Raed A. Abdelrahim you have listed, he has sufficient vision Freddie H. Johnson Mr. Abdelrahim, 48, has a phthisis to operate a commercial vehicle.’’ Mr. left eye due to a traumatic incident in Billings reported that he has driven Mr. Johnson, 42, has a prosthetic right childhood. The visual acuity in his right straight trucks for 5 years, accumulating eye due to a traumatic incident in eye is 20/20, and in his left eye, no light 57,500 miles. He holds a Class M childhood. The visual acuity in his right perception. Following an examination operator’s license from Virginia. His eye is no light perception, and in his left in 2015, his optometrist stated, ‘‘His driving record for the last 3 years shows eye, 20/20. Following an examination in Right [sic] eye vision without correction no crashes and no convictions for 2015, his optometrist stated, ‘‘It is my is 20/20 and his field of view is full to moving violations in a CMV. medical opinion that Freddie Johnson 120 degrees. Based on these findings I has sufficient vision to perform the feel he has sufficient vision to operate Lucien A. Fregeau driving tasks required to operate a a commercial vehicle.’’ Mr. Abdelrahim Mr. Fregeau, 68, has had refractive commercial vehicle.’’ Mr. Johnson reported that he has driven straight amblyopia in his right eye since birth. reported that he has driven straight trucks for 4 years, accumulating 300,000 The visual acuity in his right eye is 20/ trucks for 3 years, accumulating 322,500 miles, tractor-trailer combinations for 1 60, and in his left eye, 20/30. Following miles. He holds an operator’s license year, accumulating 50,000 miles. He an examination in 2015, his from Idaho. His driving record for the holds a Class A CDL from New ophthalmologist stated, ‘‘OD: Vision 20/ last 3 years shows no crashes and no Hampshire. His driving record for the 60, OS: Vision 20/30, based on this convictions for moving violations in a last 3 years shows no crashes and one history . . . my judgement is that he can CMV. conviction for a moving violation in a drive this commercial vehicle.’’ Mr. Timothy C. Kohn CMV; he failed to obey a traffic signal. Fregeau reported that he has driven straight trucks for 20 years, Mr. Kohn, 34, has complete loss of Dominic A. Berube accumulating 500,000 miles. He holds a vision in his right eye due to a traumatic Mr. Berube, 53, has had a central Class D operator’s license from incident in childhood. The visual acuity serous chorioretinopathy in his right eye Connecticut. His driving record for the in his right eye is no light perception, since 2005. The visual acuity in his last 3 years shows no crashes and no and in his left eye, 20/15. Following an right eye is 20/100, and in his left eye, convictions for moving violations in a examination in 201X, his optometrist 20/15. Following an examination in CMV. stated, ‘‘Mr. Kohn has sufficient vision 2015, his ophthalmologist stated, ‘‘I [sic] to perform the driving tasks required to Michael A. Gibbons my medical opinion, Mr. Berube has operate a commercial vehicle.’’ Mr. sufficient vision to perform the driving Mr. Gibbons, 62, has had optic Kohn reported that he has driven tasks required to operate a commercial neuropathy in his right eye since 2011. straight trucks for 12 years, vehicle.’’ Mr. Berube reported that he The visual acuity in his right eye is 20/ accumulating 6,000 miles, and tractor- has driven straight trucks for 20 years, 50, and in his left eye, 20/20. Following trailer combinations for 4 years, accumulating 260,000 miles. He holds a an examination in 2015, his accumulating 18,000 miles. He holds an Class A CDL from Massachusetts. His ophthalmologist stated, ‘‘In my opinion, operator’s license from Missouri. His driving record for the last 3 years shows Michael has a sufficient [sic] when driving record for the last 3 years shows no crashes and no convictions for tested, as well as vision overall, to no crashes and no convictions for moving violations in a CMV. continue his driving of commercial moving violations in a CMV. vehicles.’’ Mr. Gibbons reported that he Gary L. Best has driven straight trucks for 26 years, John D. Morgan Mr. Best, 66, has had amblyopia in his accumulating 390,000 miles and tractor- Mr. Morgan, 44, has central vision right eye since childhood. The visual trailer combinations for 26 years, loss in his right eye due to a traumatic acuity in his right eye is 20/100, and in accumulating 390,000 miles. He holds a incident in 1996. The visual acuity in his left eye, 20/20. Following an Class AM CDL license from his right eye is 20/150, and in his left examination in 2015, his Pennsylvania. His driving record for the eye, 20/25. Following an examination in ophthalmologist stated, ‘‘No last 3 years shows no crashes and no 2015, his optometrist stated, ‘‘I feel that medicalvisual [sic] contraindications to convictions for moving violations in a Mr. Morgan meets the monocular operating a commercial vehicle.’’ Mr. CMV. criteria to perform the driving tasks Best reported that he has driven straight required to operate a commercial Fred M. Hill, Jr. trucks for 11 years, accumulating vehicle with his left eye only.’’ Mr. 330,000 miles. He holds a Class CA CDL Mr. Hill, 71, has a prosthetic left eye Morgan reported that he has driven from Michigan. His driving record for due to a traumatic incident in straight trucks for 19 years, the last 3 years shows no crashes and no childhood. The visual acuity in his right accumulating 95,760 miles and tractor- convictions for moving violations in a eye is 20/40, and in his left eye, no light trailer combinations for 19 years, CMV. perception. Following an examination accumulating 205,200 miles. He holds a in 2015, his ophthalmologist stated, Class A CDL from Pennsylvania. His Therron K. Billings ‘‘Mr. Hill has had only one eye since the driving record for the last 3 years shows Mr. Billings, 49, has had amblyopia in age of 12 . . . I expect Mr. Hill to no crashes and no convictions for his left eye since childhood. The visual continue to drive well and have no moving violations in a CMV. acuity in his right eye is 20/15, and in reason to believe he will not continue to his left eye, counting fingers. Following drive his commercial truck well.’’ Mr. Brian M. Olivas an examination in 2015, his optometrist Hill reported that he has driven straight Mr. Olivas, 26, has had amblyopia in stated, ‘‘I feel that Mr. Billings sees very trucks for 8 years, accumulating 80,000 his right eye since childhood. The well with his right eye and his visual miles. He holds an operator’s license visual acuity in his right eye is 20/70, field is full with minimal restrictions from Louisiana. His driving record for and in his left eye, 20/20. Following an and his reduced vision in his left eye the last 3 years shows no crashes and no examination in 2015, his optometrist

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stated, ‘‘In my professional opinion he for the last 3 years shows no crashes and 2015, his ophthalmologist stated, has sufficient vision to perform the task no convictions for moving violations in ‘‘Overall, his level of vision should of driving a commercial vehicle.’’ Mr. a CMV. enable him to safely drive a commercial Olivas reported that he has driven vehicle.’’ Mr. Wilkinson reported that Brian J. Stoltie straight trucks for 3 years, accumulating he has driven straight trucks for 38 180,000 miles. He holds a Class B CDL Mr. Stoltie, 35, has had refractive years, accumulating 570,000 miles and from Texas. His driving record for the amblyopia in his right eye since tractor-trailer combinations for 38 years, last 3 years shows no crashes and no childhood. The visual acuity in his right accumulating 1.9 million miles. He convictions for moving violations in a eye is 20/100, and in his left eye, 20/20. holds a Class A CDL from Florida. His CMV. Following an examination in 2015, his driving record for the last 3 years shows optometrist stated, ‘‘Mr. Stoltie does no crashes and no convictions for Douglas Pitts have sufficient vision uncorrected to moving violations in a CMV. Mr. Pitts, 54, has complete loss of operate a commercial vehicle, however vision in his left eye due to a traumatic a contact lens in the right eye is Timothy W. Youngblood, Jr. incident in 2001. The visual acuity in recommended to maximize his visual Mr. Youngblood, 39, has had his right eye is 20/20, and in his left eye, acuity.’’ Mr. Stoltie reported that he has complete loss of vision in his left eye no light perception. Following an driven straight trucks for 15 years, since birth. The visual acuity in his examination in 2015, his optometrist accumulating 1 million miles. He holds right eye is 20/15, and in his left eye, stated, ‘‘Considering that his visual a Class D operator’s license from South hand motion. Following an examination defiency [sic] has been stable for 14 Carolina. His driving record for the last in 2015, his optometrist stated, ‘‘It is my years, it is my medical opinion that 3 years shows no crashes and no opinion that Mr. Youngblood has Douglas Pitts has sufficient vision to convictions for moving violations in a sufficient vision to perform the driving operate a commercial vehicle.’’ Mr. Pitts CMV. tasks required to operate a commercial reported that he has driven straight vehicle.’’ Mr. Youngblood reported that trucks for 6 years, accumulating 450,000 Terry A. Strong he has driven straight trucks for 9 years, miles and tractor-trailer combinations Mr. Strong, 69, has had partial optic accumulating 450,000 miles and tractor- for 30 years, accumulating 1.5 million atrophy in his left eye since 1985. The trailer combinations for 9 years, miles. He holds a Class A CDL license visual acuity in his right eye is 20/25, accumulating 450,000 miles. He holds a from Ohio. His driving record for the and in his left eye, 20/400. Following an Class AM CDL from Texas. His driving last 3 years shows no crashes one examination in 2015, his optometrist record for the last 3 years shows no conviction for a moving violation in a stated, ‘‘I have examined Mr. Strong and crashes and no convictions for moving CMV; he exceeded the speed limit by 13 find that he has sufficient vision, field violations in a CMV. mph. of view, and experience to safely preform driving tasks required to III. Public Participation and Request for Jesus R. Ponce operate a commercial vehicle.’’ Mr. Comments Mr. Ponce, 50, has complete loss of Strong reported that he has driven FMCSA encourages you to participate vision in his right eye due to a traumatic straight trucks for 48 years, by submitting comments and related incident in 1982. The visual acuity in accumulating 1.68 million miles and materials. his right eye is no light perception, and tractor-trailer combinations for 15 years, Submitting Comments in his left eye, 20/20. Following an accumulating 75,000 miles. He holds an examination in 2015, his operator’s license from California. His If you submit a comment, please ophthalmologist stated, ‘‘I believe that driving record for the last 3 years shows include the docket number for this Mr. Ponce has sufficient vision in his no crashes and no convictions for notice, indicate the specific section of left eye in order to perform the driving moving violations in a CMV. this document to which each comment tasks required to operate a commercial applies, and provide a reason for each vehicle.’’ Mr. Ponce reported that he has Michael A. Terry suggestion or recommendation. You driven straight trucks for 10 years, Mr. Terry, 58, has had a retinal may submit your comments and accumulating 230,880 miles and buses detachment in his right eye since 2007. material online or by fax, mail, or hand for 10 years, accumulating 230,880 The visual acuity in his right eye is light delivery, but please use only one of miles. He holds a Class B CDL from New perception, and in his left eye, 20/15. these means. FMCSA recommends that York. His driving record for the last 3 Following an examination in 2015, his you include your name and a mailing years shows no crashes and no optometrist stated, ‘‘In my medical address, an email address, or a phone convictions for moving violations in a opinion, Michael has sufficient vision to number in the body of your document CMV. perform the visual tasks required to so the Agency can contact you if it has operate a commercial vehicle.’’ Mr. questions regarding your submission. Eddie R. Schaef Terry reported that he has driven To submit your comment online, go to Mr. Schaef, 67, has had pseudophakia tractor-trailer combinations for 30 years, http://www.regulations.gov and put the in his left eye since 2011. The visual accumulating 2.55 million miles. He docket number FMCSA–2015–0345 in acuity in his right eye is 20/30, and in holds a Class A CDL from Indiana. His the ‘‘Keyword’’ box, and click ‘‘Search. his left eye, 20/50. Following an driving record for the last 3 years shows When the new screen appears, click on examination in 2015, his optometrist no crashes and no convictions for ‘‘Comment Now!’’ button and type your stated, ‘‘In my medical opinion, Mr. moving violations in a CMV. comment into the text box in the Schaef has sufficient vision to perform following screen. Choose whether you the driving tasks required to operate a Russell A. Wilkinson are submitting your comment as an commercial vehicle.’’ Mr. Schaef Mr. Wilkinson, 60, has optic atrophy individual or on behalf of a third party reported that he has driven straight in his left eye due to a traumatic and then submit. If you submit your trucks for 10 years, accumulating incident in 1974. The visual acuity in comments by mail or hand delivery, 500,000 miles. He holds an operator’s his right eye is 20/25, and in his left eye, submit them in an unbound format, no license from Texas. His driving record 20/400. Following an examination in larger than 81⁄2 by 11 inches, suitable for

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copying and electronic filing. If you enable these 14 individuals to operate SUPPLEMENTARY INFORMATION: submit comments by mail and would CMVs in interstate commerce. Background like to know that they reached the DATES: Comments must be received on facility, please enclose a stamped, self- or before January 20, 2016. The Federal Motor Carrier Safety addressed postcard or envelope. ADDRESSES: You may submit comments Administration has authority to grant FMCSA will consider all comments bearing the Federal Docket Management exemptions from many of the Federal and material received during the System (FDMS) Docket No. FMCSA- Motor Carrier Safety Regulations comment period and may change this 2015–0327 using any of the following (FMCSRs) under 49 U.S.C. 31315 and notice based on your comments. methods: 31136(e), as amended by Section 4007 of the Transportation Equity Act for the Viewing Comments and Documents • Federal eRulemaking Portal: Go to www.regulations.gov. Follow the on-line 21st Century (TEA–21) (Pub. L. 105– To view comments, as well as instructions for submitting comments. 178, June 9, 1998, 112 Stat. 107, 401). documents mentioned in this preamble • Mail: Docket Management Facility; FMCSA has published in 49 CFR part as being available in the docket, go to U.S. Department of Transportation, 1200 381, subpart C final rules implementing http://www.regulations.gov and insert New Jersey Avenue SE., West Building the statutory changes in its exemption the docket number FMCSA–2015–0345 Ground Floor, Room W12–140, procedures made by section 4007, 69 FR in the ‘‘Keyword’’ box and click Washington, DC 20590–0001. 51589 (August 20, 2004).1 Under the ‘‘Search.’’ Next, click ‘‘Open Docket • Hand Delivery or Courier: West rules in part 381, subpart C, FMCSA Folder’’ button and choose the Building Ground Floor, Room W12–140, must publish a notice of each exemption document listed to review. If you do not 1200 New Jersey Avenue SE., request in the Federal Register. The have access to the Internet, you may Washington, DC, between 9 a.m. and 5 Agency must provide the public with an view the docket online by visiting the p.m., ET, Monday through Friday, opportunity to inspect the information Docket Management Facility in Room except Federal Holidays. relevant to the application, including W12–140 on the ground floor of the • Fax: 1–202–493–2251. any safety analyses that have been DOT West Building, 1200 New Jersey Each submission must include the conducted and any research reports, Avenue SE., Washington, DC 20590, Agency name and the docket numbers technical papers and other publications between 9 a.m. and 5 p.m., e.t., Monday for this notice. Note that all comments referenced in the application. The through Friday, except Federal holidays. received will be posted without change Agency must also provide an Issued on: December 9, 2015. to www.regulations.gov, including any opportunity to submit public comment Larry W. Minor, personal information provided. Please on the applications for exemption. Associate Administrator for Policy. see the Privacy Act heading below for The Agency reviews the safety [FR Doc. 2015–31977 Filed 12–18–15; 8:45 am] further information. analyses and the public comments and Docket: For access to the docket to determines whether granting the BILLING CODE 4910–EX–P read background documents or exemption would likely achieve a level comments, go to www.regulations.gov at of safety equivalent to or greater than DEPARTMENT OF TRANSPORTATION any time or Room W12–140 on the the level that would be achieved ground level of the West Building, 1200 without the exemption. The decision of Federal Motor Carrier Safety New Jersey Avenue SE., Washington, the Agency must be published in the Administration DC, between 9 a.m. and 5 p.m., ET, Federal Register. If the Agency denies Monday through Friday, except Federal the request, it must state the reason for [Docket No. FMCSA–2015–0327] holidays. The FDMS is available 24 doing so. If the decision is to grant the hours each day, 365 days each year. If exemption, the notice must specify the Qualification of Drivers; Application for you want acknowledgment that we person or class of persons receiving the Exemptions; Hearing received your comments, please include exemption and the regulatory provision AGENCY: Federal Motor Carrier Safety a self-addressed, stamped envelope or or provisions from which an exemption Administration (FMCSA), DOT. postcard or print the acknowledgement is granted. The notice must also specify ACTION: Notice of applications for page that appears after submitting the effective period of the exemption exemptions; request for comments. comments on-line. (up to 2 years) and explain the terms Privacy Act: In accordance with 5 and conditions of the exemption. The SUMMARY: FMCSA announces that 14 U.S.C. 553(c), DOT solicits comments exemption may be renewed. individuals have applied for a medical from the public to better inform its The current provisions of the FMCSRs exemption from the hearing requirement rulemaking process. DOT posts these concerning hearing state that a person is in the Federal Motor Carrier Safety comments, without edit, including any physically qualified to drive a CMV if Regulations (FMCSRs). In accordance personal information the commenter that person with the statutory requirements provides, to www.regulations.gov, as described in the system records notice First perceives a forced whispered voice in concerning applications for exemptions, the better ear at not less than 5 feet with or FMCSA requests public comments on (DOT/ALL–14 FDMS), which can be without the use of a hearing aid or, if tested these requests. The statute and reviewed at www.dot.gov/privacy. by use of an audiometric device, does not implementing regulations concerning FOR FURTHER INFORMATION CONTACT: have an average hearing loss in the better ear exemptions require that exemptions Christine A. Hydock, Chief, Medical greater than 40 decibels at 500 Hz, 1,000 Hz, must provide an equivalent or greater Programs Division, (202) 366–4001, and 2,000 Hz with or without a hearing aid level of safety than if they were not [email protected], FMCSA, when the audiometric device is calibrated to granted. If the Agency determines the Department of Transportation, 1200 American National Standard (formerly ASA Standard) Z24.5—1951. exemptions would satisfy the statutory New Jersey Avenue SE., Room W64– requirements and decides to grant 224, Washington, DC 20590–0001. 1 This action adopted as final rules the interim theses requests after reviewing the Office hours are from 8:30 a.m. to 5 final rules issued by FMCSA’s predecessor in 1998 public comments submitted in response p.m., Monday through Friday, except (63 FR 67600 (Dec. 8, 2008)), and adopted by to this notice, the exemptions would Federal holidays. FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].

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49 CFR 391.41(b)(11). This standard document to which each comment Kenneth Prusinski was adopted in 1970, with a revision in applies, and provide a reason for each Mr. Prusinski, age 47, holds an 1971 to allow drivers to be qualified suggestion or recommendation. If you operator’s license in Ohio. under this standard while wearing a submit your comments by mail or hand hearing aid, 35 FR 6458, 6463 (April 22, delivery, submit them in an unbound Sandor Sarus 1 1970) and 36 FR 12857 (July 3, 1971). format, no larger than 8 ⁄2 by 11 inches, Mr. Sarus, age 38, holds an operator’s FMCSA also issues instructions for suitable for copying and electronic license in New York. completing the medical examination filing. If you submit comments by mail report and includes advisory criteria on and would like to know that they Daniel Tricolici the report itself to provide guidance for reached the facility, please enclose a Mr. Tricolci, age 28, holds an medical examiners in applying the stamped, self-addressed postcard or operator’s license in Massachusetts. hearing standard. See 49 CFR 391.43(f). envelope. The current advisory criteria for the We will consider all comments and Robert Uhr hearing standard include a reference to material received during the comment Mr. Uhr, age 43, holds an operator’s a report entitled ‘‘Hearing Disorders and period and may change this proposed license in Texas. Commercial Motor Vehicle Drivers’’ rule based on your comments. FMCSA Request for Comments prepared for the Federal Highway may issue a final rule at any time after Administration, FMCSA’s predecessor, the close of the comment period. In accordance with 49 U.S.C. 31136(e) in 1993.2 and 31315(b)(4), FMCSA requests public Viewing Comments and Documents FMCSA Requests Comments on the comment from all interested persons on Exemption Applications To view comments, go to the exemption petitions described in www.regulations.gov and in the search this notice. The Agency will consider all FMCSA requests comments from all box insert the docket number ‘‘FMCSA– comments received before the close of interested parties on whether a driver 2015–0327’’ and click ‘‘Search.’’ Next, business January 20, 2016. Comments who cannot meet the hearing standard click ‘‘Open Docket Folder’’ and you will be available for examination in the should be permitted to operate a CMV will find all documents and comments docket at the location listed under the in interstate commerce. Further, the related to the proposed rulemaking. ADDRESSES section of this notice. The Agency asks for comments on whether Agency will file comments received a driver who cannot meet the hearing Information on Individual Applicants after the comment closing date in the standard should be limited to operating public docket, and will consider them to only certain types of vehicles in Kevin Black the extent practicable. In addition to late interstate commerce, for example, Mr. Black, age 50, holds a class A CDL comments, FMCSA will also continue to vehicles without air brakes. The statute in California. and implementing regulations file, in the public docket, relevant concerning exemptions require that the Roger Dale Boge information that becomes available after the comment closing date. Interested Agency request public comments on all Mr. Boge, age 59, holds a class A CDL persons should monitor the public applications for exemptions. The in Iowa. Agency is also required to make a docket for new material. determination that an exemption would Don Boskovski Issued on: December 9, 2015. likely achieve a level of safety that is Mr. Boskovski, age 24, holds an Larry W. Minor, equivalent to, or greater than, the level operator’s license in Arizona. Associate Administrator for Policy. that would be achieved absent such Michael Bunjer [FR Doc. 2015–31974 Filed 12–18–15; 8:45 am] exemption before granting any such BILLING CODE 4910–EX–P requests. Mr. Bunjer, age 50, holds a class A Submitting Comments CDL in Maryland. DEPARTMENT OF TRANSPORTATION You may submit your comments and Sonny Dorantes material online or by fax, mail, or hand Mr. Dorantes, age 21, holds an Federal Transit Administration delivery, but please use only one of operator’s license in Texas. these means. FMCSA recommends that [FTA Docket No. 2015–0032] you include your name and a mailing Maria Goodman Notice of Request for the Extension of address, an email address, or a phone Ms. Goodman, age 32, holds an a Currently Approved Information number in the body of your document operator’s license in Washington. so that FMCSA can contact you if there Collection Jacob Korsi are questions regarding your AGENCY: Federal Transit Administration, submission. Mr. Korsi, age 34, holds an operator’s DOT. To submit your comment online, go to license in Missouri. ACTION: Notice of request for comments. www.regulations.gov and in the search box insert the docket number ‘‘FMCSA– Eugene Myvett SUMMARY: In accordance with the 2015–0327’’ and click the search button. Mr. Myvett, age 39, holds an Paperwork Reduction Act of 1995, this When the new screen appears, click on operator’s license from California. notice announces the intention of the the blue ‘‘Comment Now!’’ button on Federal Transit Administration (FTA) to the right hand side of the page. On the Brian Peek request the Office of Management and new page, enter information required Mr. Peek, age 39, holds an operator’s Budget (OMB) to renew the following including the specific section of this license in Georgia. information collection:

2 This report is available on the FMCSA Web site Youl Perez 49 U.S.C. Section 5312(a) Transit Research, at http://www.fmcsa.dot.gov/facts-research/ Development, Demonstration and Training research-technology/publications/medreport_ Mr. Youl, age 43, holds a class A CDL Projects archives.htm. in Florida. OMB Control No.: 2132–0546

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Background: 49 U.S.C. 5312(a) all comments received, including any assistance to communities; and (4) authorizes the Secretary of personal information, will be posted Human Resources and Training (49 Transportation to make grants or and will be available to Internet users, U.S.C. 5322) program to fund the contracts for research, development, without change, to www.regulations.gov. National Transit Institute and to build demonstration and deployment projects, You may review DOT’s complete new Ladders of Opportunity by creating and for evaluation of technology of Privacy Act Statement in the Federal new employment pathways into the national significance to public Register published April 11, 2000, (65 transit industry, improving employment transportation, that the Secretary FR 19477), or you may visit training, pursuing outreach to increase determines will improve mass www.regulations.gov. Docket: For access minority and female employment in the transportation service or help to the docket to read background public transportation sector, conducting transportation service meet the total documents and comments received, go research on the skill needed to operate urban transportation needs at a to www.regulations.gov at any time. and maintain increasingly complex minimum cost. In carrying out the Background documents and comments transit vehicle and equipment systems, provisions of this section, the Secretary received may also be viewed at the U.S. and supporting training and assistance is also authorized to request and receive Department of Transportation, 1200 for minority business owners, as well as appropriate information from any New Jersey Avenue SE., Docket other topics. source. The information collected is Operations, M–30, West Building, Respondents: FTA grant and submitted as part of the application for Ground Floor, Room W12–140, cooperative agreement recipients. grants and cooperative agreements and Washington, DC 20590–0001 between Estimated Annual Burden on is used to determine eligibility of 9:00 a.m. and 5:00 p.m., Monday Respondents: 90 hours for each of the applicants. Collection of this through Friday, except federal holidays. 175 respondents. information also provides FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden: documentation that the applicants and Jamie Pfister, Office of Research, 20,590 hours at application stage, post recipients are meeting program Demonstration and Innovation (202) award and project management objectives and are complying with FTA 366–5424, or email: jamie.pfister@ activities. Circular 6100.1D and other federal dot.gov. Frequency: Every two years. requirements SUPPLEMENTARY INFORMATION: Interested William Hyre, DATES: Comments must be submitted parties are invited to send comments Deputy Associate Administrator for before February 19, 2016. regarding any aspect of this information Administration. ADDRESSES: To ensure that your collection, including: (1) The necessity [FR Doc. 2015–31991 Filed 12–18–15; 8:45 am] comments are not entered more than and utility of the information collection BILLING CODE P once into the docket, submit comments for the proper performance of the identified by the docket number by only functions of the FTA; (2) the accuracy one of the following methods: of the estimated burden; (3) ways to DEPARTMENT OF TRANSPORTATION 1. Web site: www.regulations.gov. enhance the quality, utility, and clarity Follow the instructions for submitting of the collected information; and (4) National Highway Traffic Safety comments on the U.S. Government ways to minimize the collection burden Administration electronic docket site. (Note: The U.S. without reducing the quality of the [Docket No. NHTSA–2015–0058] Department of Transportation’s (DOT’s) collected information. Comments electronic docket is no longer accepting submitted in response to this notice will Reports, Forms, and Recordkeeping electronic comments.) All electronic be summarized and/or included in the Requirements submissions must be made to the U.S. request for OMB approval of this AGENCY: National Highway Traffic Government electronic docket site at information collection. Safety Administration (NHTSA), www.regulations.gov. Commenters In addition to 49 U.S.C. 5312, FTA Department of Transportation. should follow the directions below for intends to amend this information mailed and hand-delivered comments. collection to include other related ACTION: Request for public comment on 2. Fax: 202–493–2251. programs which support Transit proposed collection of information. 3. Mail: U.S. Department of Research, Technical Assistance and SUMMARY: In compliance with the Transportation, 1200 New Jersey Standards, and Human Resources and Paperwork Reduction Act of 1995 (44 Avenue SE., Docket Operations, M–30, Training. Once amended and issued, U.S.C. 3501 et seq.), this notice West Building, Ground Floor, Room this information collection will cover: announces that the Information W12–140, Washington, DC 20590–0001. (1) Research, Development, Collection Request (ICR) abstracted 4. Hand Delivery: U.S. Department of Demonstration, and Deployment below is being forwarded to the Office Transportation, 1200 New Jersey program(49 U.S.C. 5312), which of Management and Budget (OMB) for Avenue SE., Docket Operations, M–30, supports applied research, data review and comment. West Building, Ground Floor, Room collection, analyses, demonstration and W12–140, Washington, DC 20590–0001 deployment activities and evaluations DATES: Comments must be submitted on between 9:00 a.m. and 5:00 p.m., related to transit system; (2) Transit or before January 20, 2016. Monday through Friday, except federal Cooperative Research Program (49 ADDRESSES: Send comments to the holidays. U.S.C. 5313) which provides funds to Office of Management and Budget, Instructions: You must include the the National Academy of Sciences to Attention: Desk Officer for the Office of agency name and docket number for this conduct investigative research on the Secretary of Transportation, 725 notice at the beginning of your subjects related to public transportation; 17th Street NW., Washington, DC 20503. comments. Submit two copies of your (3) Technical Assistance and Standards FOR FURTHER INFORMATION CONTACT: For comments if you submit them by mail. Development (49 U.S.C. 5314) program additional information or access to For confirmation that FTA has received which will allow FTA to partner with background documents, contact Sean your comments, include a self- national non-profits and other McLaurin, NVS–422, National Highway addressed stamped postcard. Note that organizations to provide technical Traffic Safety Administration, Room

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W55–336, Department of enhance the quality, utility and clarity traffickers and their organizations on a Transportation, 1200 New Jersey of the information to be collected; and worldwide basis. It provides a statutory Avenue SE., Washington, DC 20590. Mr. (d) ways to minimize the burden of the framework for the imposition of McLaurin’s telephone number is (202) collection of information on sanctions against significant foreign 366–4800. Please identify the relevant respondents, including the use of narcotics traffickers and their collection of information by referring to automated collection techniques or organizations on a worldwide basis, its OMB Control Number. other forms of information technology. with the objective of denying their SUPPLEMENTARY INFORMATION: A Federal Authority: The Paperwork Reduction Act businesses and agents access to the U.S. Register Notice with a 60-day comment of 1995; 44 U.S.C. Chapter 35, as amended; financial system and the benefits of period soliciting comments on the and 49 CFR 1:48. trade and transactions involving U.S. companies and individuals. following information collection was Terry Shelton, published on September 2, 2015 (80 FR The Kingpin Act blocks all property Associate Administrator for the National and interests in property, subject to U.S. 53225). The agency received one Center for Statistics and Analysis. comment that asked how this collection jurisdiction, owned or controlled by related to the agency’s mission and [FR Doc. 2015–31937 Filed 12–18–15; 8:45 am] significant foreign narcotics traffickers expressed concern over the lifetime of BILLING CODE 4910–59–P as identified by the President. In digital information. addition, the Secretary of the Treasury, The NDR’s Problem Driver Pointer in consultation with the Attorney General, the Director of the Central System (PDPS) is a central repository of DEPARTMENT OF THE TREASURY Intelligence Agency, the Director of the information that identifies individuals Office of Foreign Assets Control Federal Bureau of Investigation, the whose license to operate a motor vehicle Administrator of the Drug Enforcement has been denied, suspended or revoked Additional Designations, Foreign Administration, the Secretary of for cause, or who have been convicted Narcotics Kingpin Designation Act Defense, the Secretary of State, and the of certain serious traffic related Secretary of Homeland Security, may violations. The information on the PDPS AGENCY: Office of Foreign Assets designate and block the property and is reported to and maintained by the Control, Treasury. interests in property, subject to U.S. States who are responsible to review ACTION: Notice. jurisdiction, of persons who are found information from PDPS and to take to be: (1) Materially assisting in, or adverse action as determined necessary SUMMARY: The U.S. Department of the Treasury’s Office of Foreign Assets providing financial or technological against problem drivers. While NHTSA support for or to, or providing goods or operates the system to provide the Control (OFAC) is publishing the names of one individual and four entities services in support of, the international information to the States, the narcotics trafficking activities of a determination of whether or not to whose property and interests in property have been blocked pursuant to person designated pursuant to the license an applicant driver remains the Kingpin Act; (2) owned, controlled, or responsibility of a State using the the Foreign Narcotics Kingpin Designation Act (Kingpin Act) (21 directed by, or acting for or on behalf of, system. Upon restoration of the driving a person designated pursuant to the privilege, the pointer records are U.S.C. 1901–1908, 8 U.S.C. 1182). Additionally, OFAC is publishing Kingpin Act; or (3) playing a significant removed by the State-of-Record. role in international narcotics Title: National Driver Register (NDR). additions to the identifying information for one individual previously trafficking. OMB Control Number: 2127–0001. On December 16, 2015, the Acting designated pursuant to the Kingpin Act. Type of Request: Extension of Director of OFAC designated the Clearance. DATES: The designations by the Acting following individual and four entities Abstract: The purpose of the NDR is Director of OFAC of the one individual whose property and interests in to assist States and other authorized and four entities identified in this notice property are blocked pursuant to section users in obtaining information about pursuant to section 805(b) of the 805(b) of the Kingpin Act. problem drivers. State motor vehicle Kingpin Act are effective on December agencies submit and use the information 16, 2015. Individual for driver licensing purposes. Other FOR FURTHER INFORMATION CONTACT: 1. LIBIEN TELLA, Naim, Paseo San users obtain the information for Assistant Director, Sanctions Carlos 319, Fracc. San Carlos, Metepec, transportation safety purposes. Compliance & Evaluation, Office of Mexico 52140, Mexico; Vicente Affected Public: State, Local, or Tribal Foreign Assets Control, U.S. Department Guerrero 304, Toluca, Mexico 50110, Government. of the Treasury, Washington, DC 20220, Mexico; Paseo Tollocan 613 Oriente, Estimated Number of Respondents: Tel: (202) 622–2490. Colonia Valle Verde, Toluca, Mexico, The number of respondents is 51—the SUPPLEMENTARY INFORMATION: Mexico; DOB 30 May 1970; POB Toluca, fifty States and the District of Columbia. Mexico, Mexico; R.F.C. LITN–700530– Estimated Total Annual Burden Electronic and Facsimile Availability 6N0 (Mexico); C.U.R.P. Hours: 2,847. This document and additional LITN700530HMCBLM01 (Mexico); Public Comments Invited: You are information concerning OFAC are I.F.E. LBTLNM70053015000 (Mexico) asked to comment on any aspects of this available on OFAC’s Web site at http:// (individual) [SDNTK] (Linked To: information collection, including (a) www.treasury.gov/ofac or via facsimile AEROLINEAS AMANECER, S.A. DE whether the proposed collection of through a 24-hour fax-on-demand C.V.; Linked To: DIARIO AMANECER; information is necessary for the proper service at (202) 622–0077. Linked To: UNOMASUNO; Linked To: performance of the functions of the VALGO GRUPO DE INVERSION S.A. Department, including whether the Background DE C.V.). Designated for materially information will have practical utility; The Kingpin Act became law on assisting in, or providing support for or (b) the accuracy of the Department’s December 3, 1999. The Kingpin Act to, or providing goods or services in estimate of the burden of the proposed establishes a program targeting the support of, the international narcotics information collection; (c) ways to activities of significant foreign narcotics trafficking activities of Abigael

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GONZALEZ VALENCIA and/or the LOS Rafael, Del. Cuauhtemoc, Mexico, Mexico; alt. POB Apatzingan, CUINIS DRUG TRAFFICKING Distrito Federal C.P. 06470, Mexico; Michoacan, Mexico; alt. POB ORGANIZATION (DTO), and/or acting Web site www.unomasuno.com.mx Guadalajara, Jalisco, Mexico; Gender for or on behalf of Abigael GONZALEZ [SDNTK]. Designated for materially Male; C.U.R.P. VALENCIA and/or the LOS CUINIS assisting in, or providing support for or GOVA721018HMNNLB07 (Mexico); alt. DTO and therefore meets the statutory to, or providing goods or services in C.U.R.P. GOFL721018HJCMLS02 criteria for designation pursuant to support of, the international narcotics (Mexico); alt. C.U.R.P. sections 805(b)(2) and/or (3) of the trafficking activities of the LOS CUINIS GOVL721018HMNNLS08 (Mexico); Kingpin Act, 21 U.S.C. 1904(b)(2) and/ DTO and/or Abigael GONZALEZ Passport JX755855 (Canada) (individual) or (3). VALENCIA, and/or is owned, [SDNTK] (Linked To: LOS CUINIS). Entities controlled, or directed by, or acting for The listing for this individual now or on behalf of Naim LIBIEN TELLA and appears as follows: 1. AEROLINEAS AMANECER, S.A. therefore meets the statutory criteria for DE C.V. (a.k.a. AEROAMANECER), designation pursuant to sections 1. GONZALEZ VALENCIA, Abigael Hangar 6 Zona C., Aviacion Gral. S/N, 805(b)(2) and/or (3) of the Kingpin Act, (a.k.a. GOMEZ FLORES, Luis Angel; Toluca, Mexico 50200, Mexico; Paseo 21 U.S.C. 1904(b)(2) and/or (3). a.k.a. GONZALEZ VALENCIA, Abigail; a.k.a. GONZALEZ VALENCIA, Luis Tollocan 802 Poniente, Toluca de Lerdo, 4. VALGO GRUPO DE INVERSION Angel; a.k.a. TAK TOLEDO, Jonathan Estado de Mexico 50000, Mexico; Folio S.A. DE C.V., Avenida Bogota 3007, Paul; a.k.a. TAK TOLEDO, Paul Mercantil No. 3613–17 (Mexico) Colonia Circunvalacion Americas, [SDNTK]. Designated for being Jonathan), Paseo Royal Country 5395– Guadalajara, Jalisco CP 44630, Mexico; controlled or directed by, or acting for 31, Fraccionamiento Royal Country, Folio Mercantil No. 22071 (Mexico) or on behalf of, Naim LIBIEN TELLA Zapopan, Jalisco, Mexico; DOB 18 Oct [SDNTK]. Designated for being owned, and therefore meets the statutory criteria 1972; alt. DOB 28 Oct 1979; POB controlled, or directed by, or acting for for designation pursuant to section Aguililla, Michoacan, Mexico; alt. POB or on behalf of, Abigael GONZALEZ 805(b)(3) of the Kingpin Act, 21 U.S.C. Apatzingan, Michoacan, Mexico; alt. VALENCIA and/or Naim LIBIEN TELLA 1904(b)(3). POB Guadalajara, Jalisco, Mexico; and therefore meets the statutory criteria 2. DIARIO AMANECER, Paseo Gender Male; C.U.R.P. for designation pursuant to section Tollocan 613 Ote., Col. Valle Verde, GOVA721018HMNNLB07 (Mexico); alt. 805(b)(3) of the Kingpin Act, 21 U.S.C. Toluca, Estado de Mexico C.P. 50130, C.U.R.P. GOFL721018HJCMLS02 1904(b)(3). Mexico; Gabino Barreda No. 86, Col. (Mexico); alt. C.U.R.P. San Rafael, Del. Cuauhtemoc, Mexico, Additionally, OFAC is publishing GOVL721018HMNNLS08 (Mexico); Distrito Federal C.P. 06470, Mexico; additions to the identifying information Passport JX755855 (Canada) (individual) Web site www.diarioamanecer.com.mx for the following individual previously [SDNTK] (Linked To: LOS CUINIS; [SDNTK]. Designated for being owned, designated pursuant to the Kingpin Act. Linked To: VALGO GRUPO DE controlled, or directed by, or acting for 1. GONZALEZ VALENCIA, Abigael INVERSION S.A. DE C.V.). or on behalf of, Naim LIBIEN TELLA (a.k.a. GOMEZ FLORES, Luis Angel; and therefore meets the statutory criteria a.k.a. GONZALEZ VALENCIA, Abigail; Dated: December 16, 2015. for designation pursuant to section a.k.a. GONZALEZ VALENCIA, Luis John E. Smith, 805(b)(3) of the Kingpin Act, 21 U.S.C. Angel; a.k.a. TAK TOLEDO, Jonathan Acting Director, Office of Foreign Assets 1904(b)(3). Paul; a.k.a. TAK TOLEDO, Paul Control. 3. UNOMASUNO (a.k.a. UNO MAS Jonathan); DOB 18 Oct 1972; alt. DOB [FR Doc. 2015–31960 Filed 12–18–15; 8:45 am] UNO), Gabino Barreda No. 86, Col. San 28 Oct 1979; POB Aguililla, Michoacan, BILLING CODE 4810–AL–P

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Part II

Department of Transportation

Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, et al. Hazardous Materials: Requirements for the Safe Transportation of Bulk Explosives (RRR); Final Rule

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DEPARTMENT OF TRANSPORTATION publication listed in this rule is for the safe transportation of explosives approved by the Director of the Federal on cargo tank motor vehicles (CTMV) Pipeline and Hazardous Materials Register as of January 20, 2016. and multipurpose bulk trucks (MBTs) Safety Administration ADDRESSES: You may find information transporting materials for blasting on this rulemaking (Docket No. operations. This final rule is responsive 49 CFR Parts 171, 172, 173, and 177 PHMSA–2011–0345) at Federal to two petitions for rulemaking [Docket No. PHMSA–2011–0345 (HM–233D)] eRulemaking Portal: http:// submitted by industry representatives: www.regulations.gov. P–1557, concerning the continued use RIN 2137–AE86 of renewal applications, and P–1583, FOR FURTHER INFORMATION CONTACT: concerning the incorporation of an Hazardous Materials: Requirements for Matthew Nickels, (202) 366–8553, industry standard publication. Further, the Safe Transportation of Bulk Standards and Rulemaking Division, codifying these new requirements Explosives (RRR) Office of Hazardous Materials Safety, provides wider access to the regulatory Pipeline and Hazardous Materials Safety flexibility currently offered only by AGENCY: Pipeline and Hazardous Administration, U.S. Department of special permits and competent authority Materials Safety Administration Transportation, 1200 New Jersey approvals. This final rule will eliminate (PHMSA), DOT. Avenue SE., Washington, DC 20590. ACTION: Final rule. the need for future renewal requests of SUPPLEMENTARY INFORMATION: nine special permits (the transportation SUMMARY: The Pipeline and Hazardous Table of Contents of Supplementary of certain explosives, ammonium Materials Safety Administration Information nitrates, ammonium nitrate emulsions, (PHMSA) is amending the Hazardous and other specific hazardous materials Materials Regulations by establishing I. Executive Summary in bulk packaging) that have established II. Background standards for the safe transportation of A. Special Permits safety records. These amendments will explosives on cargo tank motor vehicles B. Petitions for Rulemaking reduce paperwork burdens and facilitate and multipurpose bulk trucks III. Incorporation by Reference Discussion commerce while maintaining an transporting materials for blasting Under 1 CFR Part 51 appropriate level of safety. operations. This rulemaking is IV. List of Commenters PHMSA published a notice of responsive to two petitions for V. Summary and Discussion of Public proposed rulemaking (NPRM) on July rulemaking submitted by industry Comments 15, 2014, under Docket HM–233D representatives: P–1557, concerning the A. Incorporation by Reference (PHMSA–2011–0345). See 79 FR continued use of renewal applications, B. Hazardous Materials Table and Special 41185.1 This final rule addresses Provision 148 comments to the NPRM and amends the and P–1583, concerning the C. New Section 173.66 on the incorporation of an industry standard Requirements for Bulk Explosives existing hazardous materials regulations publication. Further, developing these D. Loading and Unloading Language for (HMR; 49 CFR parts 171–180) pertaining requirements provides wider access to Class 1 (Explosive) Materials to the following: the regulatory flexibility currently only VI. Section-by-Section Review of • Incorporating by reference (IBR) the offered by special permits and Amendments Institute of Makers of Explosives’ (IME) competent authorities. A. Part 171 Safety Library Publication No. 23 The requirements of this final rule B. Part 172 ‘‘Recommendations for the mirror the majority of provisions C. Part 173 Transportation of Explosives, Division D. Part 177 1.5, Ammonium Nitrate Emulsions, contained in nine widely-used VII. Regulatory Analyses and Notices longstanding special permits that have A. Statutory/Legal Authority for This Division 5.1, Combustible Liquids, Class established safety records. These Rulemaking 3 and Corrosives, Class 8 in Bulk requirements eliminate the need for B. Executive Order 13610, Executive Order Packaging’’ (referred to as IME Standard future renewal requests, thus reducing 13563, Executive Order 12866, and DOT 23). paperwork burdens and facilitating Regulatory Policies and Procedures • Establishing requirements directing commerce while maintaining a C. Executive Order 13132 manufacturers of newly constructed or commensurate level of safety. This final D. Executive Order 13175 modified MBTs to comply with certain rule authorizes the transportation of E. Regulatory Flexibility Act, Executive National Highway Traffic Safety Order 13272, and DOT Procedures and certain explosives, ammonium nitrates, Administration (NHTSA) requirements Policies known as the Federal Motor Vehicle ammonium nitrate emulsions, and other F. Paperwork Reduction Act specific hazardous materials in both G. Regulatory Identifier Number (RIN) Safety Standards (FMVSS) found in 49 non-bulk and bulk packagings, which H. Unfunded Mandates Reform Act CFR part 571. are not otherwise authorized under I. Environmental Assessment and Finding PHMSA is confident that this final current regulations. These hazardous of No Significant Impact rule is of benefit to both the public and materials are used in blasting operations J. Privacy Act the industry, as it will: (1) Eliminate the on cargo tank motor vehicles and K. Executive Order 13609 and International need for firms to apply individually for specialized vehicles, known as Trade Analysis the transportation of certain classes of L. National Technology Transfer and multipurpose bulk trucks, which are bulk materials in MBTs, (2) provide Advancement Act regulatory flexibility and relief while used as mobile work platforms to create M. Executive Order 13211 blends of explosives that are unique to maintaining a high level of safety, (3) each blast site. Finally, this rulemaking I. Executive Summary promote safer transportation practices, addresses the construction of new The Pipeline and Hazardous Materials (4) facilitate commerce, (5) reduce multipurpose bulk trucks. Safety Administration (PHMSA) is paperwork burdens, (6) protect the DATES: Effective Date: This final rule is issuing this final rule, titled ‘‘Hazardous 1 https://www.federalregister.gov/articles/2014/ effective January 20, 2016. Materials: Requirements for the Safe 07/15/2014-16382/hazardous-materials- Incorporation by reference date: The Transportation of Bulk Explosives requirements-for-the-safe-transportation-of-bulk- incorporation by reference of the (RRR),’’ in order to establish standards explosives-rrr.

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public health, welfare, safety, and issued in 1980 and is utilized by 22 frame structure. This special permit was environment, and (7) eliminate grantees with acceptable safety issued in 1996 and is utilized by 65 unnecessary regulatory requirements. performance. grantees with acceptable safety In the NPRM, PHMSA encouraged all • DOT–SP 5206: Authorizes the performance. interested parties, particularly the transportation in commerce of certain • DOT–SP 12677: Authorizes the holders of the nine currently active Division 1.5D explosives contained in transportation in commerce of certain special permits (discussed in Section II. privately operated bulk hopper-type Division 1.1, 1.4, and 1.5D explosives, Background), to submit comments on units. This special permit has been in Division 5.1 oxidizers, Class 8 corrosive the proposals discussed. Additionally, effect since 1980 and is utilized by one liquids, and Class 3 combustible liquids we asked that commenters give feedback grantee with acceptable safety in separate containers secured on the on the NPRM’s preliminary Regulatory performance. same vehicle frame structure. This Impact Analysis 2 (RIA) and the • DOT–SP 8453: Authorizes the special permit was issued in 2001 and underlying proposed benefit-cost transportation in commerce of certain is utilized by eight grantees with estimates, and provide additional Division 1.5D explosives and Division acceptable safety performance. recommendations to improve the final 5.1 materials contained in DOT This final rule benefits the regulated rule language and increase regulatory specification cargo tanks and certain community by incorporating into the flexibility. non-DOT specification cargo tanks and HMR these nine special permits (221 portable tanks. This special permit has II. Background grantees) with well-established safety been in effect since 1980 and is utilized records 4 thus reducing paperwork A. Special Permits by 33 grantees with acceptable safety burdens and facilitating commerce performance. In this final rule, PHMSA is amending while maintaining an appropriate level • DOT–SP 8554: Authorizes the the HMR by establishing standards for of safety. transportation in commerce of certain the safe transportation of explosives on Division 1.5D explosives and/or B. Petitions for Rulemaking CTMVs and MBTs transporting Division 5.1 oxidizers in the bulk motor Two components in this final rule materials for blasting operations. These vehicles described in the special permit. standards for bulk explosives mirror the were presented to PHMSA in petitions This special permit has been in effect for rulemaking. majority of provisions contained in nine since 1981 and is utilized by at least 38 widely-used longstanding special grantees with acceptable safety 1. Petition No. P–1557 permits issued by PHMSA under 49 performance. The petition from R&R (P–1557) dated CFR part 107, subpart B (§§ 107.101 to • DOT–SP 8723: Authorizes the March 23, 2010, asked PHMSA to 107.127). A special permit sets forth transportation in commerce of certain eliminate the need to operate under the alternative requirements (variances) to Division 1.5 explosives and/or Division terms and conditions of a special permit the requirements in the HMR in a way 5.1 oxidizers, in bulk, in DOT for deliveries of certain types of bulk that achieves a safety level at least equal specification and non DOT specification explosives, and to develop bulk to that required under the regulations or packagings described in the special explosive requirements in the HMR. that is consistent with the public permit. This special permit has been in R&R Trucking stated that ‘‘the request is interest. Congress expressly authorized effect since 1981 and has been utilized limited to Explosives, blasting, type E, DOT to issue these variances in the by at least 31 grantees with acceptable 1.5D, UN0332, PG [Packing Group] II Hazardous Materials Transportation Act safety performance. and Ammonium nitrate emulsion, 5.1, of 1975 as amended. For an in-depth • DOT–SP 9623: Authorizes the UN3375, PG II, transported on discussion on what special permits are transportation in commerce of certain articulated DOT specification CTMVs.’’ and why incorporating them into the Division 1.5D explosives and Division Further, the petition stated that ‘‘no HMR is necessary, please review the 5.1 oxidizers in a cargo tank with a other hazardous material may be loaded Section II. Background preamble dromedary compartment (cargo into or carried on the vehicle or any discussion in the NPRM (July 15, 2014; compartments) containing Division 1.1 vehicle in a combination of vehicles 79 FR 41185; 41187).3 explosives mounted directly behind the when transporting either of these This final rule incorporates elements trailer cab subject to the limitations of nine special permits (by way of materials in the approved bulk specified in the special permit. This packaging.’’ A more detailed description incorporating IME Standard 23) that special permit was issued in 1986 and authorize multipurpose bulk truck is utilized by seven grantees with 4 Over the past 10 years, there have been 43 operations not specifically permitted acceptable safety performance. reported transportation incidents in the U.S. under the HMR. These amendments • DOT–SP 10751: Authorizes the involving multipurpose bulk trucks. During this eliminate the need for hundreds of transportation in commerce of certain same period, there has never been a death or major current grantees to reapply for renewal injury attributed to the hazardous materials while Division 1.1, 1.4, and 1.5 explosives, in transportation when there was compliance with of nine special permits every four years Division 5.1 oxidizers, and Class 3 the regulations. While there has been one incident and for PHMSA to process those combustible liquids in separate that resulted in a fatality in that 10 year period, it renewal applications. These nine containers mounted on the same vehicle involved a vehicular crash and human error, and special permits are: frame structure. This special permit was was not attributed to the transportation of the • DOT–SP 4453: Authorizes the hazardous materials. Overall most incidents (90 issued in 1994 and is utilized by 16 percent) resulted in spillage; fewer incidents transportation in commerce of certain grantees with acceptable safety resulted in vapor dispersion (3 percent), Division 1.5D explosives contained in performance. environmental damage (0.5 percent), fire (0.5 non-DOT specification bulk, hopper- • DOT–SP 11579: Authorizes the percent), waterway infringement (0.4 percent), and type tanks. This special permit was explosion (0.1 percent.) Most of the time, the transportation in commerce of certain closures or covers in portable tanks failed, causing Division 1.1B, 1.1D, 1.4B, 1.4D, 1.4S, leaks. Detailed hazardous materials incident reports 2 See http://www.regulations.gov and insert and 1.5D explosives, Division 5.1 for hazardous materials incidents specified in PHMSA–2011–0345–0004 into the ‘‘Search for:’’ § 171.16 may be found at the PHMSA Web site at box. oxidizers, Class 8 materials, and Class 3 the following URL: https:// 3 http://www.gpo.gov/fdsys/pkg/FR-2014-07-15/ combustible liquids in separate hazmatonline.phmsa.dot.gov/ pdf/2014-16382.pdf. containers secured on the same vehicle IncidentReportsSearch/Search.aspx.

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of P–1557 is available in the Section II. including the use of MBT technology, III. Incorporation by Reference Background preamble discussion in the warrant expansion of the HMR to Discussion Under 1 CFR Part 51 NPRM (July 15, 2014; 79 FR 41185; include established requirements of 5 The Institute of Makers of Explosives’ 41188). general applicability governing these (IME) Safety Library Publication No. 23 PHMSA agrees with the petitioner on transportation practices; and (2) the ‘‘Recommendations for the the merit of establishing requirements recommendations included in IME Transportation of Explosives, Division for the transportation of bulk explosives Standard 23 represent industry-wide 1.5, Ammonium Nitrate Emulsions, in commerce. With the incorporation of best practices that, collectively, Division 5.1, Combustible Liquids, Class IME Standard 23 in this final rule, prescribe a higher standard of safety 3 and Corrosives, Class 8 in Bulk PHMSA is establishing all relevant and than the requirements included in the Packaging’’ (referred to as IME Standard appropriate requirements set out in the special permits currently used to 23) is free and easily accessible to the current multipurpose bulk authorize this transportation. A more public via the Web site provided by the transportation special permits,6 detailed description of P–1583 is parent organization. Access to the IME including the special permits under available in the Section II. Background Standard 23 publication incorporated by which R&R Trucking operates. It should preamble discussion in the NPRM (July reference is also available for public be noted that while we are not 15, 2014; 79 FR 41185; 41189).7 download and review at: http:// incorporating every provision in all nine www.ime.org/. Under the ‘‘Publications PHMSA agrees with the petitioner’s special permits, we have established & Products’’ tab, click the ‘‘Safety criteria to transport these commodities request to develop bulk explosive Library Publications’’ link 9 and either in conformance with the HMR. requirements in the HMR by proposing order a physical copy or download a to incorporate by reference IME 2. Petition No. P–1583 free PDF copy via email. Also, a copy Standard 23. Codifying these new of the IME Standard 23 publication has The petition from IME (P–1583) dated requirements in this final rule and been added to the Docket 10 under May 13, 2011, asked PHMSA to develop incorporating IME Standard 23 into the ‘‘PHMSA–2011–0345’’ at http:// bulk explosive requirements in the HMR HMR provides wider access to the www.regulations.gov. IME Standard 23 by incorporating by reference IME regulatory flexibility currently offered is discussed in VI. Section-by-section Safety Library Publication No. 23, only by special permits and competent Review of Amendments (A. Part 171- Recommendations for the authority approvals. Section 171.7) of this final rule. Transportation of Explosives Division Access to the petitions referenced in IV. List of Commenters 1.5, Ammonium Nitrate Emulsions this final rule can be found at http:// Division 5.1, Combustible Liquids Class www.regulations.gov under Docket In response to PHMSA’s July 15, 2014 3, and Corrosives Class 8 in Bulk NPRM (79 FR 41185), PHMSA received Numbers ‘‘PHMSA–2010–0101’’ (P– Packagings. IME’s petition stated that: comments from various stakeholders. 1557), and ‘‘PHMSA–2011–0137’’ (P– (1) The long-term, ubiquitous, and safe The organizations who commented are 1583).8 transport of explosives in bulk form, listed in Table 1:

TABLE 1—LIST OF ORGANIZATIONS COMMENTING ON THE HM–233D NPRM

Assigned docket Number Name Docket URL

PHMSA–2011–0345–0005 ...... Institute of Makers of Explosives (IME) ...... http://www.regulations.gov/ #!documentDetail;D=PHMSA-2011-0345-0005. PHMSA–2011–0345–0006 ...... Dangerous Goods Advisory Council (DGAC) ...... http://www.regulations.gov/ #!documentDetail;D=PHMSA-2011-0345-0006. PHMSA–2011–0345–0007 ...... R&R Trucking (R&R) ...... http://www.regulations.gov/ #!documentDetail;D=PHMSA-2011-0345-0007. PHMSA–2011–0345–0008 ...... Council on Safe Transportation of Hazardous Ar- http://www.regulations.gov/ ticles (COSTHA). #!documentDetail;D=PHMSA-2011-0345-0008. PHMSA–2011–0345–0009 ...... Council on Safe Transportation of Hazardous Ar- http://www.regulations.gov/ ticles (COSTHA) IME Support. #!documentDetail;D=PHMSA-2011-0345-0009. PHMSA–2011–0345–0010 ...... IME Supplemental Comments ...... http://www.regulations.gov/ #!documentDetail;D=PHMSA-2011-0345-0010.

V. Summary and Discussion of Public the NPRM. Furthermore, the published by IME, known as ‘‘Safety Comments amendments we are finalizing in this Library Publication No. 23 final rule are addressed in Section VI. Recommendations for the Discussed in the following sections is Section-by-section Review of Transportation of Explosives, Division a list of the major amendments PHMSA Amendments. 1.5, Ammonium Nitrate Emulsions, proposed for adoption into the HMR in A. Incorporation by Reference Division 5.1, Combustible Liquids, Class the NPRM, a brief synopsis of the 3 and Corrosives, Class 8 in Bulk comments we received in response to In the NPRM, PHMSA proposed to Packaging’’ (referred to as IME Standard those proposals, and our position incorporate by reference the latest 23). The intent behind proposing to regarding those comments received to edition of the technical standard incorporate by reference IME Standard

5 http://www.gpo.gov/fdsys/pkg/FR-2014-07-15/ 7 http://www.gpo.gov/fdsys/pkg/FR-2014-07-15/ 9 https://www.ime.org/products/category/safety_ pdf/2014-16382.pdf. pdf/2014-16382.pdf. library_publications_slps. 6 DOT–SP 4453, DOT–SP 5206, DOT–SP 8453, 8 http://www.regulations.gov/. 10 http://www.regulations.gov/. DOT–SP 8554, DOT–SP 8723, DOT–SP 9623, DOT– SP 10751, DOT–SP 11579, and DOT–SP 12677.

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23 was to establish general requirements We did not receive any comments that with a threshold such as 120 days after of: (1) A single bulk hazardous material opposed our proposals to revise the the rule is finalized and that it be for blasting by CTMV; and (2) CTMVs appropriate HMT entries and add new aligned with the effective date for MBTs capable of transporting multiple Special Provision 148. Therefore, in this that are modified.’’ In regards to the hazardous materials for blasting in bulk final rule, we are amending the compliance dates issue, we reviewed and non-bulk packagings. PHMSA regulatory text and also removing the the comments and agree with IME’s received general support from the HMT entry IME noted in its comments. suggestion and will revise the regulatory commenters on the principle of utilizing text in this final rule as needed. C. New Section 173.66 on the industry consensus standards as a Regarding the overall structure and Requirements for Bulk Explosives necessary and effective approach, with language prior to paragraph (a) of the IME, Dangerous Goods Advisory In the NPRM, PHMSA proposed to new section, R&R commented that: Council (DGAC), and R&R specifically, add a new section to 49 CFR part 173 R&R supports the need for differentiation endorsing IME Standard 23. We did not (§ 173.66), which included specific between transport of: (1) A single bulk receive any comments that opposed our requirements for newly constructed hazardous material for blasting by cargo tank proposals to incorporate this standard MBTs and modifications to existing motor vehicles and (2) transport by MBT and we are adopting it as proposed. trucks. capable of transporting multiple hazmats for blasting in bulk and non-bulk packaging. B. Hazardous Materials Table and 1. Section 173.66 Preamble Two distinctly different types of Special Provision 148 In the preamble of the new section, transportation. Distinction between the two prior to paragraph (a), PHMSA proposed types of transport must be clearly As previously discussed, in the NPRM maintained. SLP–23 makes the distinction by PHMSA proposed to incorporate IME requirements for MBTs. We proposed having separate sections. In the NPRM, Standard 23 into the HMR and establish that when § 172.101 allowed that a Class Special Provision 148 makes this distinction, requirements of general applicability 1 (explosive) material may be packaged but § 173.66 is vague on the distinction. For governing the transportation of: (1) A in accordance with this section, only the clarification § 173.66 should refer to Section single bulk hazardous material for bulk packagings specified for these 1 of SLP–23 for the standards for transporting materials in IME Standard 23 (IBR, see a single bulk hazardous material for blasting blasting by CTMV; and (2) CTMVs by cargo tank motor vehicle and to Section capable of transporting multiple § 171.7 of this subchapter) would be authorized, subject to the requirements 2 of SLP–23 for the standards for cargo tank hazardous materials for blasting in bulk motor vehicles capable of transporting and non-bulk packagings. However, as of subparts A and B of this part and the multiple hazardous materials for blasting in noted in the NPRM, the HMR does not special provisions in Column 7 of the bulk and non-bulk packagings. permit the transportation in bulk § 172.101 table. Therefore, as proposed in the NPRM, an entity operating a MBT In regards to the clarification of single packaging of certain Class 1 and Class bulk CTMVs differing from MBTs, we 5 hazardous materials that are used in under current conditions, such as a special permit, would be subject to reviewed the comments and agree with commercial blasting operations. This R&R’s suggestion and will revise the type of transportation is only permitted operating under the IME Standard 23 document. Furthermore, as proposed in regulatory text in this final rule as under a PHMSA special permit. In the needed. NPRM, we proposed that a new Special the NPRM, the additional requirements Provision 148 be added to each entry in paragraphs (a), (b), and (c) would 2. Fire Suppression Systems apply to: (1) A new MBT constructed under Column 7 of the Hazardous In the NPRM, in paragraph (a) of after December 31, 2014, or (2) an old Materials Table (HMT) for HMT entries § 173.66, we proposed additional MBT that requires modifications due to that are listed in IME Standard 23. requirements regarding fire suppression wear and tear (i.e., re-chassis, etc.). These HMT entries include certain systems (FSS) for newly constructed PHMSA received general support hazardous materials from the following and modified MBTs. In addition to from the commenters on the principle of hazard classes and divisions: Divisions complying the usual requirements of the establishing a new § 173.66 that 1.1B, 1.1D, 1.4B, 1.4D, 1.4S and 1.5D HMR (e.g., placarding, shipping papers, outlined the requirements for bulk explosives; Division 5.1 oxidizers; Class etc.), and the IME Standard 23 per explosives, but the commenters had 8 corrosive liquids; and Class 3 § 171.7 of the HMR, the NPRM proposed concerns with specific aspects of the combustible liquids. In the NPRM, that these vehicles would be required to regulations. Regarding compliance Special Provision 148 was proposed in have a FSS that is an engineered system dates, IME commented that: order to direct readers to § 173.66, connected to the engine and therefore only specific explosives, Compliance Date: PHMSA proposes to transmission compartments. The system oxidizers, etc. will be eligible. trigger requirements for compliance with the would be activated by manual switch or PHMSA received general support FMVSS, FSS, and EBDD standards for newly passive means in the event of a fire. constructed MBTs after December 31, 2014. from the commenters on the principle of While we can hope that HM–233D is Additionally, all fire extinguishers used revising the HMT and adding a new finalized by December 31, 2014, we request as components of the system would be Special Provision 148 to appropriate that the mandatory compliance date be required to meet the requirements of 49 HMT entries, with IME offering one triggered by a threshold such as 120 days CFR 393.95(a) and the applicable suggestion. IME stated that: ‘‘IME after the rule is finalized. Additionally, we National Fire Protection Association inadvertently included ‘Detonator note that no future effective date is specified (NFPA) codes and standards. Further, assemblies, non-electric, for blasting, for MBTs that are modified. We would the NPRM proposed that the FSS’s Division 1.1B, UN0360’ in a pre- suggest that the mandatory compliance date design would be required to be verified publication version of IME Standard 23, be the same. and certified by the Design Certifying but removed it from the final copy. This Additionally, COSTHA echoed those Engineer (DCE) of the vehicle, and the should be removed from the HMT thoughts in its comment ‘‘We would design would have to be tested through changes in the final rule.’’ We reviewed also like to encourage PHMSA to grant engineering analysis or physical testing the comment and agree with IME’s the IME request that the mandatory to verify the initial design or future suggestion and will revise the regulatory compliance date with the standards for modification(s) to the current FSS. The text in this final rule as needed. newly constructed MBTs be transitioned NPRM proposed that the FSS would be

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visually inspected annually for defects, engine fire fueled by a tire fire. In a non-crash PHMSA’s engineered FSS as proposed flaws, damage, etc., to ensure none are situation, the driver will already have access was more stringent and cost prohibitive present, and the system would be to at least two fire extinguishers with a 4– than a pre-engineered FSS or the NRCan pneumatically tested every five years to A:40–B:C rating, a standard of safety already requirement. PHMSA agrees with IME surpassing that required on any other ensure the system is free of debris, commercial motor vehicle operating in the that the FSS proposed in the NPRM leaks, and damage, and to ensure the United States. exceeded the level of safety established. system will function properly. Finally, Insurance Rates: The largest insurer of However, we disagree that PHMSA does the NPRM proposed the DCE must MBTs in the US told IME that adding FSSs not have the authority to include a FSS. prepare a test report and provide it to to MBTs would have no effect on rates PHMSA acknowledges that the the manufacturer of the vehicle and the because there is no statistically significant proposed FSS would add weight to the manufacturer must provide a copy to loss experience. MBT, and that the increased weight the owner of the vehicle. FSSs in Canada: We discussed the would decrease the payload, thereby Commenters generally did not evolution of and experience with FSSs in increasing the number of MBTs on the Canada. First, industry had little involvement road. Furthermore, we do agree that the support the additional requirements in the FSS standard imposed by Natural regarding FSS for newly constructed Resources Canada (NRCan) through its established safety record of MBTs stand and modified MBTs proposed in the Mobile Process Unit (MPU) permit system. for itself and that IME Standard 23 does NPRM. For example, IME commented Thus, it is not correct to represent Canadian exceed the federal requirements for fire that: industry as ‘‘supporting’’ this standard. extinguishers. As such, we have Second, it is not correct to represent the reviewed the comments regarding FSS PHMSA acknowledges that ‘‘there are too PHMSA FSS proposal as being aligned or few incident data to estimate and monetize for newly constructed and modified harmonized with the NRCan standard. The the benefits from a fire suppression system.’’ MBTs and agree with IME’s position. Unaware of any death or serious injury NRCan standard is vastly different than that We will revise the regulatory text in this attributable to hazmat carried on MBTs since proposed in HM–233D. The NRCan standard final rule as needed. In addition, this technology was introduced in the 1970s. reads in full, ‘‘MPUs are also required to have PHMSA may revisit the FSS There is no off-the-shelf FSS technology; IME an engineered fire suppression system for the engine compartment. . . . [E]ngineered fire requirement in the future, if a future isn’t supportive of allowing MBTs to be review of incident data indicates a need. guinea pigs for field testing FSS technology. suppression systems must be inspected every SLP–23 already provides a FSS which far 6 months (or sooner if required by other 3. Emergency Shut-Off/Battery exceeds that required for other commercial jurisdiction). These systems must be Disconnect Devices motor vehicles, including trucks transporting inspected by a qualified and approved hazmat for which fire is an inherent risk. facility or person (reg.: NFPA 17, Chap. 11).’’ In the NPRM, in paragraph (b) of SLP–23 requires that MBTs be equipped with NFPA 17 is the National Fire Protection § 173.66, we proposed additional two fire extinguishers with an Underwriters’ Association’s standard on ‘‘Dry Chemical requirements for emergency shut-off/ Laboratories (UL) rating of at least 4–A:40– Extinguishing Systems’’, and chapter 11, battery disconnect for newly B:C. Current federal regulations require that covers the inspection, maintenance and constructed and modified MBTs. The trucks used to transport placarded quantities recharging of such systems. While not NPRM proposed that for these trucks, of hazmat be equipped with one fire referenced, chapter 9 of this standard states the batteries for the chassis would be extinguisher having an UL rating of 10B:C. that ‘‘only pre-engineered systems . . . shall be installed on mobile equipment.’’ PHMSA’s required to have three easily accessible There is no assurance, in an accident where manual disconnect switches. One the driver is incapacitated and unable to use standard is paragraphs long requiring vehicle the fire extinguishers on the vehicle, that the specific designs that have been verified and manual disconnect switch would be FSS will have survived the crash and be certified by a Design Certifying Engineer, located inside the driver’s cab and operational. Every ounce of unnecessary including physical testing or engineering would not include the ignition; the weight added to a vehicle is an ounce of lost analysis. Pre-engineered systems are not remaining two manual disconnect payload, this adds up to more trucks on the allowed. Additionally, PHMSA requires switches would be located on each side road to carry the same volume of material, periodic inspections and detailed of the vehicle. Further, the NPRM increasing crash risk and generate other recordkeeping and retention requirements proposed all three switches would be societal impacts such as wasted fuel and that differ from the NRCan standard. Based connected to the positive battery on the NRCan requirement, we can report more air emissions. PHMSA’s requirement is terminal and the line of the switch similar to but not the same as the NRCan that installation costs of FSSs in Canada run standard. Given the lack of incident data to between $4,000 and $6,000, and add between would be protected from rubbing and show that such systems would increase 300–500 pounds to the weight of the vehicle. abrasion that could cause a short circuit. safety commensurate with the cost, we do not A typical payload on an MBT is 25,000 Finally, the NPRM proposed that the support the NRCan standard or the more pounds, and the cost of a new MBT ranges battery disconnect would be required to onerous PHMSA proposal. IME questions from $250,000 to $500,000. Thus, a NRCan- isolate all manufacturing equipment whether PHMSA, instead of NHTSA, is the type FSS would reduce payload between agency to propose such a vehicle 1.2% and 2%, and would add between 1.2% same period, there has never been a death or major modification. NHTSA is responsible for and 1.6% to the cost of a new MBT. Costs injury attributed to the hazardous materials while setting and enforcing safety performance of periodic inspections average $800 in in transportation when there was compliance with standards for motor vehicles and motor remote areas and $150 in more populated the regulations. While there has been 1 incident vehicle equipment. areas. NRCan allows companies to obtain that resulted in a fatality in that 10 year period, it NFPA certification for their own employees involved a vehicular crash and human error, and Furthermore, in a set of supplemental was not attributed to the transportation of the to conduct inspections. comments, IME commented that: hazardous materials themselves. Overall most PHMSA’s position in the NPRM was incidents (90 percent) resulted in spillage; fewer Safety: Safety benefits of MBTs have long incidents resulted in vapor dispersion (3 percent), been demonstrated. There has never been a that fire was a potential hazard in an environmental damage (0.5 percent), fire (0.5 death or a major injury attributed to blasting MBT incident. IME has highlighted the percent), waterway infringement (0.4 percent), and agents and oxidizers transported in bulk. We safety record of MBTs which indicates explosion (0.1 percent.) Most of the time, the have not been able to identify a single that fire is not typically common with closures or covers in portable tanks failed, causing instance where a FSS would have made a 11 leaks. Detailed hazardous materials incident reports an incident involving these vehicles. for hazardous materials incidents specified in difference to the outcome of the incident. No § 171.16 may be found at the PHMSA Web site at one would guarantee that such a system 11 Over the past 10 years, there have been 43 the following URL: https:// would be operational in a crash. A FSS reported transportation incidents in the U.S. hazmatonline.phmsa.dot.gov/ would be of no value in suppressing an involving multipurpose bulk trucks. During this IncidentReportsSearch/Search.aspx

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except critical instrumentation that a future review of incident data regulatory text in this final rule as requires the maintenance of the indicates a need. needed. electrical supply, and that the battery 4. Federal Motor Vehicle Safety disconnect is tested monthly to ensure D. Loading and Unloading Language for Standard proper operation. Class 1 (Explosive) Materials Commenters generally did not In the NPRM, in paragraph (c) of In the NPRM, PHMSA proposed to support the additional requirements of § 173.66 we proposed that for newly revise § 177.835 paragraph (a) to state emergency shut-off/battery disconnect constructed and modified MBTs, those that no Class 1 (explosive) materials devices (EBDD) for newly constructed trucks must be in compliance with the and modified MBTs. For example, IME applicable Federal Motor Vehicle Safety may be loaded into, on, or unloaded commented that: Standard (FMVSS) found in 49 CFR part from any motor vehicle with the engine 571. Furthermore, in the NPRM we running, except that the engine of a We agree that any EBDD standard included MBT may be used for the operation of in a final rule promulgated under this docket proposed that the MBT manufacturer should apply only to newly constructed or must maintain a certification record the pumping equipment of the vehicle modified MBTs. However, we disagree with ensuring the final manufacturing is in during loading or unloading. the EBDD standard as proposed. PHMSA’s compliance with the FMVSS, per the Furthermore, in the NPRM we proposed proposal would require MBTs to be equipped certification requirements found in 49 to add a new paragraph (d) which with three manual EBDDs, not to include the CFR part 567, and these certification discussed MBTs and specified that Class ignition switch. The cost/benefit of this records must be available to DOT 1 (explosive) materials may be packaged standard cannot be justified. First, MBT’s are representatives upon request. the only type of specialized vehicle that is in accordance with § 173.66 of this PHMSA received general support subchapter. However, these materials already required to have a manual EBDD in from the commenters on the addition to the ignition switch. Yet, PHMSA would be permitted to be transported on requirements to be in compliance with provides no data to support the need to triple the same vehicle with Division 5.1 the applicable FMVSS found in 49 CFR the current EBDD requirement. In fact, oxidizers, or Class 8 corrosive materials, part 571, with IME offering one PHMSA acknowledges that no death or major and/or Class 3 combustible liquid, injury has been attributed to hazardous comment that: ‘‘PHMSA proposes that materials carried by MBTs—a record that newly constructed and modified MBTs n.o.s., NA1993 only under the cannot be matched by other bulk hazardous be in compliance with applicable conditions and requirements set forth in materials that are sensitive to electric charge. FMVSS, and that MBT manufacturers IME Standard 23 (IBR, see § 171.7) and Second, in the years since this requirement maintain a record ensuring that these paragraph (g) of § 177.835. has been imposed, we are unaware of any instance where EBDDs have been used in an vehicles are in compliance with the PHMSA received general support emergency, irrespective of the consequence. FMVSS certification requirements found from the commenters on the principle of Rather, emergency responders simply cut the in 49 CFR part 567. IME supports these revising loading and unloading language battery cable as they are trained to do. Third, requirements.’’ We did not receive any for Class 1 explosive materials in the PHMSA’s cost justification does not include comments that opposed this highway part of the HMR, with DGAC the cost to train all emergency responders on requirement, and we are adopting it as stating that it ‘‘supports the proposed the existence and operation of the EBDDs. proposed. We would expect these costs to be revision to § 177.835 which would significant. There are over one million 5. Modified Vehicles authorize the engine of the MBT to firefighters, alone, in the United States, and In paragraph (d) of § 173.66 of the remain running when used for the over 70 percent of fire departments are NPRM we proposed a definition for the operation of pumping equipment during volunteer with relatively high-rates of term modification. We proposed that loading and unloading.’’ Additionally, turnover. Fifth, the proposed EBDD standard IME states that it ‘‘is supportive of the is inconsistent with the standard required in ‘‘modification’’ means any change to the Canada. PHMSA should not pass up this original design and construction of a proposed revision to 49 CFR 177.835(a) opportunity to advance the RCC initiative MBT that affects its structural integrity that seeks to address that vehicles need with regard to EBDD requirements. We or lading retention capability (e.g. to run engines to run equipment on would support including an EBDD rechassising, etc.). In the NPRM, we MBTs.’’ However, IME did offer one requirement for MBTs that is equivalent to proposed to exclude: (1) A change to the suggestion in that as proposed, ‘‘the the Canadian EBDD standard. MBT equipment such as lights, truck or NPRM only authorized the ability to use Additionally, COSTHA echoed those tractor power train components, steering a vehicle engine for MBTs, and that thoughts in its comment that and brake systems, and suspension pumping equipment is also used to harmonization is essential and that it parts, and changes to appurtenances, load/unload material from cargo tanks would be better to harmonize with an such as fender attachments, lighting transporting single commodity blasting equivalent Canadian EBDD standard brackets, ladder brackets; and (2) agents or oxidizers. As such, IME than impose an entirely new one. replacement of components such as requests that the proposed 49 CFR While the cost/benefit of the valves, vents, and fittings with a 177.835(a) provision be modified to additional two switches was adequate to component of a similar design and of provide the same option for these cargo justify this requirement, PHMSA agrees the same size. tank vehicles.’’ with IME that the triple EBDD is PHMSA received general support redundant. Also, the triple EBDD is not from the commenters on the addition of We reviewed the comment and agree harmonized with the NRCan a new term for modification, with IME with IME’s suggestion and are thus requirements or IME Standard 23. As offering one suggestion. IME stated that: revising the regulatory text in this final such, we have reviewed the comments ‘‘We fully support the proposed rule as needed. Therefore, single regarding EBDD for newly constructed definition. However, we suggest that the commodity CTMVs are similarly eligible and modified MBTs and agree with the definitional term be changed to to use the vehicle’s engine while commenters’ position. We are revising ‘Modified’ since this is the term PHMSA operating the pumping equipment of the the regulatory text in this final rule as uses in proposed § 173.66 and the vehicle during loading or unloading, needed. In addition, PHMSA may revisit preamble.’’ We agree with IME’s and it ensures overall regulatory clarity the EBDD requirement in the future, if suggestion and are revising the for these specific types of operations.

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VI. Section-by-Section Review of and assigned to the HMT entries in Special Provision 148 Amendments Table 2: In this final rule, PHMSA is adding The following is a section-by-section new Special Provision 148 to review of the amendments adopted in TABLE 2—LIST OF HMT ENTRIES § 172.102(c)(1) and assigning it to this final rule: ADDING SPECIAL PROVISION 148 numerous HMT entries (see the previous section: Section 172.101). A. Part 171 Hazardous materials descriptions Identifica- Special Provision 148 states that for Section 171.7 and proper shipping names tion Nos. domestic transportation, the HMT entries that are assigned Special Acetic acid solution, not less than UN2790 Section 171.7 provides a listing of all Provision 148 are directed to § 173.66 standards incorporated by reference into 50 percent but not more than 80 percent acid, by mass. for: (1) The standards for transporting a the HMR. For this rulemaking, we single bulk hazardous material for evaluated a consensus industry standard Acetic acid solution, with more UN2790 than 10 percent and less than blasting by cargo tank motor vehicles pertaining to the standards for (CTMV); and (2) the standards for transporting a single bulk hazardous 50 percent acid, by mass. Ammonium nitrate based fertilizer UN2067 CTMVs capable of transporting multiple material for blasting by CTMVs and for Ammonium nitrate emulsion or UN3375 hazardous materials for blasting in bulk CTMVs capable of transporting multiple Ammonium nitrate suspension and non-bulk packagings. hazardous materials for blasting in bulk or Ammonium nitrate gel, inter- and non-bulk packaging. These mediate for blasting explosives. Special Provision 163 standards include parts on: General Ammonium nitrate-fuel oil mixture NA0331 Special Provision 163 currently requirements; modes of transportation; containing only prilled ammo- requires ‘‘UN3375, Ammonium nitrate additional provisions; qualifications, nium nitrate and fuel oil. emulsion or Ammonium nitrate maintenance, and repair of packagings; Ammonium nitrate, liquid (hot UN2426 suspension or Ammonium nitrate gel, qualifications of individuals certifying concentrated solution). intermediate for blasting explosives’’ to non-DOT specification bulk packaging; Ammonium nitrate, with not more UN1942 ‘‘satisfactorily pass Test Series 8 of the placarding and marking requirements; than 0.2% combustible sub- UN Manual of Tests and Criteria, Part I, stances, including any organic and security and safety of the bulk Section 18 (IBR, see § 171.7 of this hazardous materials transported. These substance, calculated as car- bon, to the exclusion of any subchapter).’’ For bulk packages, Test standards also include parts on: Purpose other added substance. 8(d) of Test Series 8 applies. This testing and limitations; hazardous materials Articles, explosive, n.o.s ...... UN0349 is in addition to the requirements in covered; packagings; operational Boosters, without detonator ...... UN0042 Special Provision 147 and therefore controls; qualifications, maintenance, Combustible liquid, n.o.s ...... NA1993 must be completed prior to approval by and repair of packagings; special Cord, detonating, flexible ...... UN0065 the Associate Administrator. Although provisions; and emergency response, Cord, detonating, flexible ...... UN0289 not addressed in the HM–233D NPRM reporting, and training requirements. Corrosive liquid, acidic, organic, UN3265 or this final rule’s regulatory text, we We determined that the standards n.o.s. included this non-substantive provide an enhanced level of safety Detonator assemblies, non-elec- UN0361 clarification in order to highlight the without imposing significant tric, for blasting. requirement to pass Test 8(d) when compliance burdens. These standards Detonator assemblies, non-elec- UN0500 transporting applicable substances in a have a well-established and tric, for blasting. bulk packaging. documented safety history and their Detonators, electric, for blasting ... UN0030 adoption will maintain the high safety Detonators, electric, for blasting ... UN0255 C. Part 173 standard currently achieved under the Detonators, electric, for blasting ... UN0456 Section 173.66 Detonators, non-electric, for blast- UN0455 HMR. Therefore, we are adding and In this final rule, PHMSA is adding a revising the incorporation by reference ing. Explosive, blasting, type A ...... UN0081 new § 173.66 that provides the material under the following requirements for a hazardous material to organization: Explosive, blasting, type B or UN0331 Agent blasting, Type B. be permitted for transport in accordance Paragraph (r)(2) is revised to add the with this section (per Special Provision Institute of Makers of Explosives IME Explosive, blasting, type E ...... UN0241 Explosive, blasting, type E or UN0332 148 in § 172.102(c)(1)), and only the Standard 23, IME Safety Library Agent blasting, Type E. bulk packagings specified for these Publication No. 23 (IME Standard 23), Hypochlorite solutions ...... UN1791 materials in IME Standard 23 (IBR, see Recommendations for the Nitrites, inorganic, aqueous solu- UN3219 § 171.7 of this subchapter) are Transportation of Explosives, Division tion, n.o.s. authorized, subject to the requirements 1.5, Ammonium Nitrate Emulsions, Oxidizing liquid, n.o.s ...... UN3139 of subparts A and B of this part and the Division 5.1, Combustible Liquids, Class Oxidizing solid, n.o.s ...... UN1479 special provisions in Column 7 of the 3, and Corrosives, Class 8 in Bulk § 172.101 table. (See Section I of IME Packagings, October 2011 Edition. Section 172.102 Special Provisions Standard 23 for the standards for B. Part 172 transporting a single bulk hazardous Section 172.102 lists special material for blasting by CTMVs, and Section 172.101 provisions applicable to the Section II of IME Standard 23 for the Section 172.101 provides the transportation of specific hazardous standards for CTMVs capable of instructions for using the HMT and the materials. Special provisions contain transporting multiple hazardous HMT itself. In this final rule, PHMSA is packaging requirements, prohibitions, materials for blasting in bulk and non- revising ‘‘Column (7) Special and exceptions applicable to particular bulk packagings.) As provided by this Provisions’’ of the HMT by adding quantities or forms of hazardous new section, an entity operating these Special Provision 148 to the list of materials. PHMSA is adopting the types of vehicles would no longer entries. In this final rule, new Special following revision to § 172.102, special operate under a special permit, and Provision 148 is added to § 172.102(c)(1) provisions: would instead be subject to operating

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under the IME Standard 23 document. equipment of the vehicle during loading the Department of Transportation (44 FR Furthermore, the additional or unloading. Furthermore, we are 11034). Both the preliminary NPRM and requirements in paragraph (a) would adding a new paragraph (d) which the final rule regulatory impact apply to: (1) A new multipurpose bulk provides requirements for MBTs and assessments discussing the benefits and truck constructed after 120 days from specifies that Class 1 explosive costs of this action are available for publication of the final rule in the materials may be packaged in review in the public docket for this Federal Register, or (2) an old accordance with § 173.66 of this rulemaking (filed under ‘‘PHMSA– multipurpose bulk truck that is subchapter. However, these materials 2011–0345’’ at http:// modified due to wear and tear (i.e., re- would be permitted to be transported on www.regulations.gov). chassis, etc.) after 120 days from the same vehicle with Division 5.1 Executive Order 13563 is publication of the final rule in the oxidizing materials, or Class 8 corrosive supplemental to and reaffirms the Federal Register. materials, and/or Class 3 combustible principles, structures, and definitions In paragraph (a), we require that for liquid, n.o.s., NA1993 only under the governing regulatory review that were newly constructed and modified MBTs, conditions and requirements set forth in established in Executive Order 12866 those trucks must be in compliance with IME Standard 23 (IBR, see § 171.7 of this Regulatory Planning and Review of the applicable FMVSS found in 49 CFR subchapter) and paragraph (g) of this September 30, 1993. Executive Order part 571. Furthermore, the multipurpose section (§ 177.835). 13563, issued January 18, 2011,12 notes bulk truck manufacturer must maintain that our nation’s current regulatory VII. Regulatory Analyses and Notices a certification record ensuring the final system must not only protect public manufacturing is in compliance with A. Statutory/Legal Authority for This health, welfare, safety, and our the FMVSS, per the certification Rulemaking environment but also promote economic growth, innovation, competitiveness, requirements found in 49 CFR part 567, This final rule is published under the and these certification records must be and job creation.13 Further, this authority of 49 U.S.C. 5103(b), which executive order urges government available to DOT representatives upon authorizes the Secretary of request. agencies to consider regulatory Transportation to prescribe regulations approaches that reduce burdens and In paragraph (b), we state that the for the safe transportation, including term ‘‘modified’’ means any change to maintain flexibility and freedom of security, of hazardous material in choice for the public. In addition, the original design and construction of intrastate, interstate, and foreign a MBT that affects its structural integrity federal agencies are asked to commerce. The 49 U.S.C. 5117(a) periodically review existing significant or lading retention capability, (e.g. authorizes the Secretary of rechassising, etc.). Excluded from this regulations, retrospectively analyze Transportation to issue a special permit rules that may be outmoded, ineffective, category are the following: (1) A change from a regulation prescribed in 5103(b), to the MBT equipment such as lights, insufficient, or excessively burdensome, 5104, 5110, or 5112 of the Federal and modify, streamline, expand, or truck or tractor power train components, Hazardous Materials Transportation steering and brake systems, and repeal regulatory requirements in Law to a person transporting, or causing accordance with what has been learned. suspension parts, and changes to to be transported, hazardous material in appurtenances, such as fender Executive Order 13610, issued May a way that achieves a safety level at least 10, 2012, urges agencies to conduct attachments, lighting brackets, ladder equal to the safety level required under brackets; and (2) replacement of retrospective analyses of existing rules the law, or consistent with the public to examine whether they remain components such as valves, vents, and interest, if a required safety level does fittings with a component of a similar justified and whether they should be not exist. The final rule amends the modified or streamlined in light of design and of the same size. regulations by incorporating IME By finalizing these requirements, changed circumstances, including the Standard 23 and provisions from certain 14 PHMSA is echoing the majority of rise of new technologies. widely-used longstanding special By building off of each other, these provisions contained in nine widely- permits that have established a history three Executive Orders require agencies used longstanding special permits that of safety and which may, therefore, be to regulate in the ‘‘most cost-effective have established safety records. These converted into the regulations for manner,’’ to make a ‘‘reasoned requirements will eliminate the need for general use. determination that the benefits of the future renewal requests, thus reducing intended regulation justify its costs,’’ paperwork burdens and facilitating B. Executive Order 13610, Executive and to develop regulations that ‘‘impose commerce while maintaining an Order 13563, Executive Order 12866, the least burden on society.’’ appropriate level of safety. and DOT Regulatory Policies and In this final rule, PHMSA amends the Procedures D. Part 177 HMR to incorporate alternatives this This final rule is not considered a agency has permitted under widely- Section 177.835 significant regulatory action under used longstanding special permits and Section § 177.835 provides the Executive Order (E.O.) 12866 competent authority approvals with loading and unloading requirements for (‘‘Regulatory Planning and Review’’), as established safety records that we have Class 1 explosive materials. In this final supplemented and reaffirmed by E.O. determined meet the safety criteria for rule, we are revising paragraph (a) to 13563 (‘‘Improving Regulation and inclusion in the HMR. Incorporation of state that no Class 1 explosive materials Regulatory Review’’), stressing that, to IME Standard 23 into the regulations of may be loaded into, on, or unloaded the extent permitted by law, an agency general applicability will provide from any motor vehicle with the engine rulemaking action must be based on running, except that the engine of a benefits that justify its costs, impose the 12 http://www.gpo.gov/fdsys/pkg/FR-2011-01-21/ MBT (see paragraph (d) of this section) least burden, consider cumulative pdf/2011-1385.pdf. and the engine of a cargo tank motor burdens, maximize benefits, use 13 See http://www.whitehouse.gov/the-press- office/2011/01/18/improving-regulation-and- vehicle transporting a single bulk performance objectives, and assess regulatory-review-executive-order. hazardous material for blasting may be available alternatives, and the 14 See http://www.gpo.gov/fdsys/pkg/FR-2012-05- used for the operation of the pumping Regulatory Policies and Procedures of 14/pdf/2012-11798.pdf.

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shippers and carriers with additional PHMSA’s vision is that no harm control; and the use of explosives in flexibility to comply with established results from the transportation of special industrial tools, fire safety requirements, thereby reducing hazardous materials, and it is extinguishers, air bag inflators, transportation costs and increasing committed to reducing the risk of harm fireworks; and specials effects in the productivity. In addition, the final rule to people and the environment resulting entertainment industry.’’ 16 The largest will reduce the paperwork burden on from the transportation of hazardous user is the mining industry, where coal industry and this agency resulting from materials. PHMSA does not accept mining alone accounts for 67 percent of putting an end to the need for renewal death as an inevitable consequence of total U.S. explosives consumption.17 applications for special permits. As transporting hazardous materials and Bulk explosives are transported by such, nine special permits with 221 works continuously to find new ways to grantees will no longer be needed. reduce risk of death, injury, MBTs and Articulated Cargo Tank Taken together, the provisions of this environmental and property damage, Vehicles (ACTVs). According to IME, final rule will promote the continued and transportation disruptions. there are approximately 1,500 MBTs on 18 safe transportation of hazardous This rulemaking action is necessary to highways in any given year. These materials while reducing transportation provide regulatory flexibility and trucks make, on average, 350,000 trips costs for the industry and administrative eliminate the need for future renewal covering tens of millions of miles. The 19 costs for the agency. requests, thus reducing paperwork average truck payload is 12.5 tons. In accordance with the guidance burdens and facilitating commerce The IME estimates are confirmed by provided by OMB Circular A–4 15 on the while maintaining an appropriate level the information in the Commodity Flow development of regulatory analysis as of safety. The final rule would be Survey (CFS) published by the Bureau required under Section 6(a)(3)(c) of beneficial to stakeholders by reducing of Transportation Statistics and the U.S. Executive Order 12866, the Regulatory paperwork and providing regulatory Census Bureau.20 The most recent CFS Right-to-Know Act, and a variety of flexibility for industry; reducing shows the value, amount, and related authorities, the Final Rule administrative costs for the Federal hazardous materials weight-distance Government while maintaining an regulatory impact assessment addresses traveled by truck (referred to as ‘‘ton- appropriate level of safety; and the following: miles’’) for shipments of Hazard Class 1, facilitating commerce. • Describes the need for the regulatory action Hazard Class 5, and Hazard Class 8 • This rulemaking adopts a Defines the baseline combination of features including commodities considered under this • Sets the timeframe of analysis 21 incorporating into the HMR by reference analysis (see Table 3). CTMVs • Identifies a range of regulatory alternatives transported 8.2 million tons of • Identifies the consequences of regulatory IME Standard 23, and complying with certain NHTSA requirements. PHMSA commodities worth $8.1 billion more alternatives than 1.7 billion ton-miles in 2012. • Quantifies and monetizes the benefits and believes this final rule will benefit both costs or evaluates non-quantified costs and the public and the industry, as it will: 16 Bureau of Alcohol, Tobacco, Firearms and benefits • Eliminate the need for firms to apply • Discounts future benefits and costs Explosives. Explosives Industry. Retrieved from individually for the transportation of http://www.nibin.gov/content/Explosives/ This analysis discusses the individual certain classes of bulk materials in CTMVs explosives-industry. • (requirement area by requirement area) Provide regulatory flexibility and relief 17 GlobalSecurity.org. Explosives—Mining Types. costs and benefits. The remainder of this while maintaining a high level of safety Retrieved from http://www.globalsecurity.org/ • Promote safer transportation practices military/systems/munitions/explosives- section presents an overview of the • Facilitate commerce mining1.htm. factors considered for the analysis in • Reduce paperwork burdens 18 Santis, L. Cost analysis of SLP–23, special accordance with OMB guidelines. As • Protect the public health, welfare, safety, permits, and Canadian standards for bulk trucks. this is the regulatory analysis for the and environment Institute of Makers of Explosives. 19 final rule, only the alternative adopted • Eliminate unnecessary regulatory Supplemental comments from the Institute of requirements Makers of Explosives on PHMSA HM–233D Notice is analyzed. of Proposed Rulemaking. Retrieved from http:// Finally, with this rulemaking www.regulations.gov/#!documentDetail;D=PHMSA- 1. Need for the Regulatory Action amending the HMR by incorporating 2011-0345-0010. Our agency’s mission is to protect IME Standard 23, the majority of 20 Bureau of Transportations Statistics, & U.S. Census Bureau. 2012 Commodity Flow Survey. people and the environment from the provisions from nine special permits Retrieved from http://www.census.gov/econ/cfs/. risks of hazardous materials will be incorporated since those permits 21 Includes: UN2790, UN2067, UN3375, NA0331, transportation. To do this, PHMSA were used as the basis to create IME UN2426, UN1942, UN0349, UN0042, UN0065, establishes national policy; sets and Standard 23. UN0289, UN3265, UN0361, UN0500, UN0030, enforces standards, educates, and UN0255, UN0456, UN0455, UN0081, UN0331, 2. Baseline UN0241, UN0332, UN1791, UN3219, UN3139, and conducts research to prevent incidents; UN1479. UN0360 was not included due to a request and prepares the public and first Explosives are used for many by IME to remove this commodity from responders to reduce consequences if an purposes. According to the Bureau of consideration. NA1993 is a Class 3 commodity that incident does occur. Alcohol, Tobacco, Firearms and was not included either. This gives an underestimate of the total values, which is Explosives, explosives are used ‘‘in counterbalanced by the fact that not all shipments 15 https://www.whitehouse.gov/omb/circulars_ areas such as mining, oil and gas of the above commodities will be subject to HM– a004_a-4/. exploration; demolition; avalanche 233D.

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TABLE 3—HAZARDOUS MATERIAL SHIPPED BY PRIVATE AND FOR-HIRE TRUCKS BY HAZARD CLASS IN THE UNITED STATES 22

Ton-miles Hazard class Value 2012 Tons 2012 2012 Average miles (million $) (thousands) (millions) per shipment

Hazard Class 1, Explosives ...... 5,282 3,225 535 166 Hazard Class 5, Oxidizers and Organic Peroxides ...... 1,651 4,471 998 223 Hazard Class 8, Corrosive Materials ...... 1,215 547 200 366 Total ...... 8,148 8,243 1,733 210 Source: 2012 CFS Hazardous Materials tables.

On average, trucks travel 210 miles only impacted commodities not • 19 percent of the firms transporting per shipment, which falls inside the exclusively transported by MBT. hazardous materials have 1 vehicle in their fleet 200–500 mile range in the Federal Sharing out the ton-miles equally • Highway Administration’s (FHWA) between ACTVs and MBTs for those 34 percent have between 2 and 5 vehicles • 11 percent have between 6 and 9 vehicles Freight Facts and Figures 2011. Trucks three commodities results in an ACTV • 15 percent have between 10 and 24 in the 200–500 mile range average population estimate of 284 ((0.5 * 539 vehicles 76,000 miles of travel a year.23 With an million ton-miles)/950,000 ton-miles • 13 percent have between 25 and 99 average load of 12.5 tons, each CTMV per CTMV). We estimate that there are vehicles accounts for 950,000 ton-miles annually 1,540 MBTs (1,824 CTMVs—284 • 8 percent have 100 vehicles or more (76,000 miles * 12.5 tons). Therefore, we ACTVs), which is close to IME’s 1,500 PHMSA data detailing the estimate that there were 1,824 CTMVs estimate. applications for the special permits in 2012 (1.7 billion ton-miles/950,000 Estimates derived from the Federal show that 100 firms were involved in ton-miles). Motor Carrier Safety Administration obtaining permits for the nine special Three of the commodities (UN0331/ (FMCSA) Motor Carrier Management permits referred to above.27 All were NA0331, UN0332, and UN3375) with an Information System (MCMIS) Catalog applications for renewals, party-to annual ton-mileage of 539 million were can confirm the 2012 CFS estimate of status, or modifications. By sharing the transported by both ACTVs and 1,824 trucks.25 MCMIS data from 2015 100 firms using the percentages from MBTs,24 while the remaining show that firms that transport MCMIS data, we can assume that the commodities were transported by MBT explosives and oxidizers have the 100 firms have the number of vehicles only. Therefore, commodities UN0331/ following number of hazardous material in the fleet as illustrated in the NA0331, UN0332, and UN3375 are the vehicles in their fleet: 26 following Table 4:

TABLE 4—CTMV FLEET ESTIMATES

Number of vehi- Number of vehi- Number of firms MCMIS-based estimate of the number of vehicles cles in the fleet— cles in the fleet— per firm low estimate high estimate

A B C = A * B D = A * B [lower bound] [upper bound]

19 ...... 1 ...... 19 19 34 ...... 2 to 5 ...... 68 170 11 ...... 6 to 9 ...... 66 99 15 ...... 10 to 24 ...... 150 360 13 ...... 25 to 99 ...... 325 1287 8 ...... 100 or more 28 ...... 800 1000

Total ...... 1,428 2,935

If we assume that 100 firms use the estimate of 1,824 CTMVs falls into this the transportation of bulk explosives special permits under consideration, the range. that were granted special permits do not fleet of vehicles transporting the classes Incidents associated with the have a high rate of accidents, especially of hazardous materials that are under transportation of explosives. Based on considering the number of trips these special permits has approximately analysis of the incident data from 2005 completed and the miles driven per between 1,428 and 2,935 vehicles. The through 2014 that are associated with year. According to PHMSA incident the special permits under consideration, data from 2005 through 2014, there were

22 Some commodities subject to HM–233D were 24 IME Standard 23. 27 Accessed and downloaded for the nine special not listed in the 2012 CFS, and other HM–233D 25 FMCSA. Online safety data resources. permits impacted by HM–233D in May 2015 subject commodities with missing values were Retrieved from http://www.fmcsa.dot.gov/safety/ (http://www.phmsa.dot.gov/hazmat/regs/sp-a/ filled by sharing out the residual for the aggregate research-and-analysis/online-safety-data-resources. special-permits/search). hazard class. 26 28 For the ‘‘High Estimate’’ to the firms having 100 23 FHWA. Freight Facts and Figures 2011, Table The census identifies those trucks that 3–7. Retrieved from http://www.ops.fhwa.dot.gov/ transport hazardous materials in quantities large or more vehicles, PHMSA approximated 125 freight/freight_analysis/nat_freight_stats/docs/ enough to require a placard under the HMR at 49 vehicles in order to estimate a plausible range. 11factsfigures/table3_7.htm. CFR 177.823.

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43 incidents associated with the nine favorably with transportation of other such as natural gas, gasoline, and home special permits considered in this hazardous materials.’’ 32 heating oil. Although the potential for analysis.29 For transporting explosives safely, the releases to cause displacement of United Nations devised a ‘‘Hazard Risks from incidents. The risks to the populations near or around fires or Divisions classification system.’’ 33 The public and/or the environment from the explosions is remote, these releases hazardous materials considered under could cause the need for permanent or transportation of explosives are difficult this final rule are Class 5 Oxidizers,34 temporary shelter, putting more strain to estimate because there are few Class 8 Corrosive substances, other on community resources. Combined incidents. A FMCSA report on cargo combustible explosives (not elsewhere effects on businesses, transportation, tank rollovers notes CTMVs are less classified), and Class 1 explosives that and other economic resources can prone to rollover than similar are categorized into six different exacerbate response and recovery 30 vehicles. The report estimates a divisions that indicate their main issues. rollover rate of 0.34 rollovers per hazard characteristics. The Class 1 Impact on the environment: Spills million miles traveled for vehicles with divisions and their main hazard and releases can cause environmental a lower center of gravity (similar to characteristics are: damage, impact wildlife, and CTMVs) and 0.39 rollovers per million • Division 1.1 for explosives with mass contaminate drinking water supplies. miles for nominal vehicles. Vehicles explosion hazard Health hazards: Releases, depending • with a center of gravity height and Division 1.2 for explosives with a on their mode and severity, can cause wheel width similar to those of CTMVs projection hazard • many health hazards, including toxicity, (e.g., those with a lower center of Division 1.3 for explosives with a fire hazard dizziness, asphyxiation, irritation, and gravity) may experience 87 rollovers, • Division 1.4 for explosives with no burns. Accidents and incidents have while vehicles with a higher center of significant explosion, projection, or fire commanded attention from Congress, gravity wheel height and wheel width hazard stakeholders, constituents, and (e.g., nominal vehicles) experience 100 • Division 1.5 for explosives with a mass environmental groups. rollovers.31 Incidents associated with explosion hazard but are so insensitive, Factors contributing to failures. Many vehicles covered by the special permits there is very low probability of initiation factors can contribute to failures. Of the or of transition from burning to detonation included in this analysis are rare. In under normal transport conditions 43 incidents reported to PHMSA from fact, according to a DOT study on • Division 1.6 for extremely insensitive 2005 through 2014 involving the nine intermodal explosives, the authors articles that do not have a mass explosive special permits in the rulemaking, 12 noted, ‘‘The risk of transporting hazard. This division is composed of incidents involved one or more vehicles explosives by highway compares articles that contain only extremely crashing and 14 involved vehicle insensitive detonating substances and that rollovers (see Table 5). Other factors demonstrate a negligible probability of 29 included human error and loose closure Over the past 10 years, there have been 43 accidental initiation or propagation reported transportation incidents in the U.S. components. This was out of the 34 involving multipurpose bulk trucks. During this The transport of industrial explosives incidents for which the factors of failure same period, there has never been a death or major in some instances can increase the risk were recorded, while for the other nine injury attributed to the hazardous materials while of death, injury, product loss, and in transportation when there was compliance with incidents, factors of failure were either the regulations. While there has been 1 incident property and environmental damage. not applicable or not recorded. There that resulted in a fatality in that 10 year period, it Impact on the local economy and was spillage in 32 recorded incidents involved a vehicular crash and human error, and community resources: Incidents that involving at least one hazardous was not attributed to the transportation of the cause fires, explosions, road closures, hazardous materials themselves. Overall most material, and six incidents affected the incidents (90 percent) resulted in spillage; fewer evacuations, or other such events have environment. There were no injuries, incidents resulted in vapor dispersion (3 percent), the potential to increase the demand for fatalities, or hospitalizations related to environmental damage (0.5 percent), fire (0.5 community resources. There is typically hazardous materials. There were two percent), waterway infringement (0.4 percent), and an increased demand for assistance from fatalities, one of which was related to a explosion (0.1 percent.) Most of the time, the first responders and firefighters to closures or covers in portable tanks failed, causing rollover accident while the other was of leaks. Detailed hazardous materials incident reports control fires, and from police and other an unknown cause. for hazardous materials incidents specified in law enforcement personnel to control § 171.16 may be found at the PHMSA Web site at Each incident report includes data on traffic and assist in possible up to three parts that failed, how they the following URL: https:// evacuations. These releases may also hazmatonline.phmsa.dot.gov/ failed, and the cause of failure(s) for prompt demand for services from IncidentReportsSearch/Search.aspx. each hazardous material. In total, data 30 engineers or other public workers to FMCSA. (2007). Cargo tank roll stability study: was recorded for 35 incidents on the Final report. Washington, DC: Battelle. Retrieved address utility and infrastructure parts that failed and for 35 incidents on August 6, 2015, from http://www.fmcsa.dot.gov/ problems. Releases can cause business how they failed. The part that failed sites/fmcsa.dot.gov/files/docs/ interruptions or loss of fuel supplies, Cargo%20Tank%20Roll%20 most frequently was the closure or Stability%20Study%20Final%20 cover. Leaking or torn off/damaged Report%20April%202007.pdf. 32 DOT. (2003, February). Intermodal explosives 31 FMCSA. (2007). Cargo tank roll stability study: working group report. closures were the most common Final report. Washington, DC: Battelle. Retrieved 33 Retrieved June 18, 2012, from http:// methods of failure. In eight incidents, August 6, 2015, from http://www.fmcsa.dot.gov/ www.un.org/disarmament/convarms/Ammunition/ the description of how they failed was sites/fmcsa.dot.gov/files/docs/ IATG/docs/IATG01.50–UN_Explosive_ not recorded or not applicable, and in Cargo%20Tank%20Roll%20 Classification_System_and_Codes(V.1).pdf. Stability%20Study%20Final%20 34 These are not technically explosives but can eight incidents, failure of parts was not Report%20April%202007.pdf. explode under certain circumstances. recorded or not applicable.

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TABLE 5—FACTORS CONTRIBUTING TO FAILURES, 2005–2014

Number of Factors of failures incidents Percentage

Rollover accident ...... 14 41 .18 Vehicular crash or accident damage ...... 12 35 .29 Loose closure component ...... 2 5.88 Human error ...... 2 5.88 Other 35 ...... 4 11.76

Total ...... 34 100 Source: PHMSA Incident Reports Database.36

TABLE 6—PARTS CONTRIBUTING TO FAILURES, 2005–2014

Number of Parts failed incidents Percentage

Cover/body/closure ...... 20 57.14 Discharge valve or coupling ...... 4 11.43 Vent ...... 4 11.43 Hose adaptor or coupling ...... 2 5.71

Other 37 ...... 5 14.28 Source: PHMSA Incident Reports Database.38

TABLE 7—HOW IT FAILED, 2005–2014

Number of How failed incidents Percentage

Leaked ...... 13 37.14 Torn off or damaged ...... 11 31.42 Burst or ruptured ...... 4 11.43 Ripped or torn ...... 2 5 .71 Vented ...... 2 5.71 Other 39 ...... 3 8 .57

Total ...... 35 100 Source: PHMSA Incident Reports Database.40

3. Timeframe for the Analysis benefits and demonstrate net effects of analysis are derived solely from the final rule. property damage and other losses PHMSA estimates that the economic associated with the incidents. Most of 4. Calculating Costs and Benefits effects of this rulemaking, once finalized the benefits from the rule will be related and adopted, will be sustained for many Costs to the public and PHMSA to cost savings. Examples of benefits in years into the future. Notwithstanding accrue from the requirements set forth the form of reduced expenditures this, because of the difficulty of and in the regulations and the enforcement include (but are not limited to) private- uncertainty associated with forecasting methods and procedures adopted to sector savings, government industry effects into the far future, carry out the objectives of the rules and administrative savings, gains in work PHMSA assumes a 10-year period to regulations. Examples of costs include time, and reduced costs of compliance. quantify and monetize the costs and (but are not limited to) goods and services required to comply with the 5. Societal Costs and Potential Benefits regulation; measures of productivity, The value of lives saved, injuries 35 All other factors—including corrosion, deterioration or aging, and dropped or misaligned such as losses related to work time; prevented, and property damage material component/device—had 1 incident out of incident-related death, illness, or avoided serve as the basis for the 34 incidents (2.94 percent). disability; and payments to standard- calculating societal costs, which in turn 36 https://hazmatonline.phmsa.dot.gov/ setting organizations for the standards. represent the potential benefits of a IncidentReportsSearch/Welcome.aspx. Typically, the benefits of rules are regulation. To determine the cost to 37 All other parts—including bottom outlet derived from health and safety factors. society of incidents, we use pertinent valves, hoses, liquid valves, manway or dome Since the federal regulatory agencies historical incident data. covers/gaskets, and tank shells—had 1 incident out often design regulations to reduce risks According to PHMSA incident data of 35 incidents (2.86 percent). to life, evaluation of the benefits of from 2005 through 2014, there were 43 38 https://hazmatonline.phmsa.dot.gov/ reducing fatality risks can be the key incidents associated with the nine IncidentReportsSearch/Welcome.aspx. part of the analysis. In this case, the special permits being considered in this 39 All other factors including structural, failed to operate, and cracked had 1 incident out of 35 societal costs (e.g., death, injuries, analysis, including two vehicular crash incidents (2.86 percent). property damage, other losses) are fatalities that were not hazardous 40 https://hazmatonline.phmsa.dot.gov/ minimal, since there are no deaths or material related. PHMSA does not IncidentReportsSearch/Welcome.aspx. injuries. The societal costs in this include the incidents that were deemed

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not related to hazardous materials in the carrier damage, property damage, and period) related to the nine special calculation of societal costs. For this remediation costs (heretofore referred to permits under consideration. analysis, the societal costs and potential as damages and losses). Table 8 lays out benefits accrue from the material loss, the damages and losses (over a 10-year

TABLE 8—VALUE OF MATERIAL LOSS, CARRIER DAMAGES, PROPERTY DAMAGES, RESPONSE, AND CLEANUP COSTS RELATED TO THE NINE SPECIAL PERMITS, 2005–2014

Carrier Property Material loss damage damage Response cost Cleanup cost All costs

Total amount reported ...... $314,504 $3,894,903 $94,667 $321,256 $286,286 $4,911,616 Average amount per year ...... 31,450 389,490 9,466 32,125 28,928 491,162 Source: PHMSA Incident Reports Database.41

The total annual societal costs MBTs in the U.S., told IME that adding IME questioned if PHMSA has the (potential benefits), associated damages, FSSs to MBTs would not have an effect jurisdiction to impose a truck safety and losses for the nine special permits on rates because there would be no standard on MBTs or any motor vehicle. being considered under this analysis are significant loss of experience. Congress delegated PHMSA with the approximately $491,000. Regarding the implementation of the authority to develop regulations and 6. Summary of Comments Relating to FSS requirement in Canada, IME notes standards for packaging to ensure the Costs and Benefits Estimates that it is not correct to represent safe transportation of hazardous Canadian industry as ‘‘supporting’’ this materials, while NHTSA has the For the HM–233D NPRM, PHMSA authority to set safety performance received two sets of comments from IME standard; the FSS standard was imposed by NRCan through its Mobile Process standards for motor vehicles and motor and one set of comments from R&R.42 43 vehicle equipment, per 49 U.S.C. Comments relevant to the preliminary Unit permit system and did not include the industry in the process.44 chapter 301. NPRM RIA included comments on the Comments related to EBDDs. In FSSs and EBDDs requirements of the Furthermore, IME states the PHMSA FSS requirement is different from the comments dated September 11, 2014, proposed rule as well as comments IME agreed that in a final rule, the NRCan standard. In Canada, pre- concerning the differences between EBDD standard should apply only to engineered FSS technology is permitted, MBTs and ACTVs. newly constructed or modified MBTs. while the PHMSA standard does not Comments related to FSSs. In their IME, however, did not believe that the permit this type of technology and the comments dated September 11, 2014, proposal for a requirement of three standard requires vehicle-specific and November 21, 2014, IME outlined EBDDs was justified. MBTs are already designs that have already been certified arguments against including a FSS required to have a manual EBDD in by a DCE, including physical testing or requirement in the HM–233D addition to the ignition switch, a rulemaking. IME stated that MBTs, engineering analysis. IME states that requirement that no other specialized which are subject to the FSS unlike the NRCan standard, PHMSA vehicle has. Moreover, PHMSA requirement in the proposed rule, have also requires periodic inspections and acknowledged that no death or major a proven safety record and that they detailed recordkeeping and retention injury has been attributed to hazardous would not want their MBTs to be the requirements. Ultimately, given the lack materials carried by MBTs,45 which is a ‘‘guinea pigs’’ for field testing the FSS of incident data to show that FSSs record that cannot be matched by other technology. Further, IME stated that would increase safety commensurate bulk hazardous materials that are there have been no deaths or serious with the cost, IME does not support the sensitive to electric charge. IME was injuries attributable to hazardous NRCan FSS standard or the more unaware of any instance where an materials carried on MBTs since the onerous PHMSA FSS proposal. technology was introduced in the 1970s emergency has warranted the use of Estimating the costs based off the EBDDs, irrespective of the consequence. and that the safety benefits of FSS may NRCan requirement, IME reports that be negligible, as there is no guarantee IME states the battery cable is cut by installation costs of FSSs in Canada are emergency responders as they are that a FSS will be operational after a between $4,000 and $6,000, which does crash. Also, IME Standard 23 already trained to do, and that the cost of not include periodic maintenance, requires MBTs to be equipped with two training all emergency responders is not testing requirements, or recordkeeping. fire extinguishers with an Underwriters’ included in PHMSA’s cost calculation. IME states each FSS would add 300–500 Laboratories (UL) rating of at least 4– Finally, IME states these costs would be pounds of weight to the vehicle, and a A:40–B:C, stronger than the current significant given there are more than 1 typical payload of an MBT is 25,000 requirement of one fire extinguisher million firefighters in the U.S., and pounds, and a new MBT ranges from with a UL rating of 10B:C. Finally, IME more than 70 percent of fire $250,000 to $500,000. Therefore, IME stated that consequently, Nobel departments are volunteer-based, with states an NRCan-type FSS would reduce Insurance Services, the largest insurer of relatively high rates of turnover. The payload between 1.2 percent and 2 proposed standard for EBDDs is percent, and the cost of a new MBT 41 https://hazmatonline.phmsa.dot.gov/ inconsistent with Canada’s standard IncidentReportsSearch/Welcome.aspx. would increase by 1.2 percent to 1.6 requirements. IME would support an 42 Retrieved from http://www.regulations.gov/ percent. Periodic inspections cost an EBDD requirement that harmonizes with #!docketBrowser;rpp=25;po=0;dct=PS;D=PHMSA- average of $800 in remote areas and the Canadian EBDD standard.46 2011-0345. $150 in more populated areas. 43 Other comments received from the Dangerous Goods Advisory Council and the Council on Safe 45 79 FR 41188 (July 15, 2014), FN 2. Transportation of Hazardous Articles are supportive 44 A Mobile Process Unit is the Canadian 46 NRCan. (2011, September). Requirements for of the rulemaking and IME’s comments. equivalent of a MBT. Bulk Mobile Process Units. pp. 11.

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Comments on MBT and ACTV incorporated these clarifications into tested once per calendar month and be differences. In the comments submitted their rulemaking, and the Final Rule repaired in the event of malfunction and failure. on September 15, 2014, R&R argued for regulatory analysis in the docket was • a clearer distinction in the rulemaking updated to make a clearer distinction The emergency response, reporting, and between cargo tank motor vehicles training provision in IME Standard 23 (page between ACTVs and MBTs. 15) is described in DOT–12677 (page 10) and transporting single bulk hazardous 7. The Final Rule DOT–11579 (page 12). This provision materials (e.g., ACTVs) and MBTs. describes procedures for reporting and Regarding commodity transportation, a. Definition of the Scope and investigation accidents. A slight difference in ACTVs transport single bulk hazardous Parameters of the Analysis reporting requirements between IME materials for blasting while MBTs PHMSA is amending the HMR by Standard 23 and the special permits is that transport multiple hazardous materials establishing standards for the safe IME Standard 23 requires an incident report forwarded to PHMSA within 45 days, while for blasting in bulk and non-bulk transportation of bulk explosives. This packaging. In IME Standard 23, IME the special permits stipulate that the incident rulemaking is responsive to two report must be completed within 30 days and clarifies the distinction by having two petitions for rulemaking submitted by separate sections for the two types of then sent to PHMSA within 15 days of its industry representatives: P–1557, completion. vehicles and transports. Further, concerning the continued use of In this final rule, PHMSA is revising although Special Provision 148 makes renewal applications, and P–1583, the HMR by amending the regulations to this distinction, § 173.66 is not clear in concerning the incorporation by establish standards for the safe this distinction because it only refers to reference into the HMR of an industry transportation of bulk explosives. These bulk packaging and not to the type of standard publication. Further, final rule requirements include the transport. According to R&R, this developing these requirements would following: portion should refer back to Sections 1 provide wider access to the regulatory and 2 of IME Standard 23 for the flexibility currently only offered by • Incorporation of IME Standard 23 into standards for transporting a single bulk special permits and competent the HMR. PHMSA will incorporate IME hazardous material for blasting by cargo authorities. Standard 23 and establish requirements of tank motor vehicle and for MBTs By implementing these requirements, general applicability governing the transportation of bulk explosive materials. As capable of transporting multiple PHMSA will be mirroring the majority hazardous materials for blasting in bulk such, PHMSA will revise the 49 CFR 171.7 of provisions contained in nine widely- material incorporated by reference to include and non-bulk packaging, respectively. used longstanding special permits that Furthermore, R&R requested IME Standard 23, and establish a new section have established safety records. for the bulk explosives requirements. clarification on the status of UN3375 • • The driver qualification and training Requirements for both existing CTMVs ammonium nitrate (AN) emulsion, 5.1 and new construction of CTMVs, including oxidizer, an explosive precursor. If program audits text in IME Standard 23 (page 14) mirrors that of DOT–SP 10751 (page 4), modifications. ‘‘these materials’’ refer back to Class 1 DOT–SP 11579 (page 7), and DOT–SP 12677 explosive materials, UN3375 is not By incorporating these requirements, (page 5). This text covers the driver’s license, PHMSA will be echoing the majority of included in the authorization to endorsement, and training requirements for transport in bulk without a special drivers transporting explosive materials. provisions contained in nine widely- permit, and therefore, R&R states that Similar text also appears in IME Standard 23 used longstanding special permits that clarification is needed on the status of Section 1. have established safety records. These UN3375. • The packaging requirements for transport revisions are intended to eliminate the Comments summary. IME strongly of Division 1.5 and Division 5.1 hazardous need for future renewal requests, thus opposed including the FSS requirement materials in IME Standard 23 (pages 12–13) reducing paperwork burdens and in the HM–233D rulemaking and excerpts text from DOT–SP 10751 (page 3), facilitating commerce while maintaining DOT–SP 11579 (page 4), and DOT–SP 12677 an appropriate level of safety. provided numerous arguments and data (page 3). to back up their point of view. • IME Standard 23 (page 13) outlines the b. IME Standard 23 Consequently, PHMSA decided not to operational controls dealing with carriage include the FSS requirement in the final restrictions, the placement of materials and IME Standard 23 recommends rule. Therefore, discussion of it is not a containers inside cargo tanks, and the standards for MBT straight trucks that cost or benefit component of the Final handling and maintenance of cargo tanks. typically transport multiple hazardous Rule RIA, and costs estimates of the These are mirrored in DOT–SP 12677 (page materials in support of blasting FSS—taking comment input into 4), DOT–SP 10751 (page 3), and DOT–SP operations and articulated cargo tanks 11579 (page 6). that carry a single bulk blasting agent or account—are outlined in Appendix A of • the Final Rule regulatory analysis in the Tire specification and tire pressure oxidizer. The analysis presented here monitoring standards in IME Standard 23 mainly addresses the costs and benefits docket. (page 14) are mirrored in DOT–SP 12677 in IME also opposed the specifics of the (pages 6–7). Tire specification requirements associated with the operation of MBTs. EBDD requirement in the HM–233D stipulate that the tire be no more than six Where applicable, it also addresses the rulemaking, stating that they would years old and outline the minimum tread costs and benefits associated with the support an EBDD requirement that depth of both the steering axle and other operation of ACTVs. harmonizes with the Canadian standard. tires. Tire pressure standards describe when IME Standard 23 was developed with As IME Standard 23 already includes an they should be replaced and when tire input from IME members, stakeholders, EBDD requirement, PHMSA decided to pressure should be measured. However, text and PHMSA. Federal agencies often remove this requirement from the final specifying the frequency of tire pressure incorporate standards, especially if the rule as well. Therefore, discussion of checks in the special permits is not standards do not compromise the level equivalent to that in IME Standard 23. 47 this is not included in the Final Rule • Emergency battery disconnect standards of safety. PHMSA typically regulatory analysis in the docket. covered in IME Standard 23 (page 15) are incorporates non-consensus standards R&R argued for clarifications to be covered in DOT SP–12677 (page 8) and DOT (as was the case with the incorporation made to the HM–233D rulemaking, in SP–11579 (page 10). Stipulations include that particular, to draw a clearer delineation the switch needs to be located 24 inches from 47 OMB Circular A119. https:// between ACTVs and MBTs. PHMSA the battery terminal, and each switch must be www.whitehouse.gov/omb/circulars_a119/.

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of the rail special permits) 48 through an and can be used for more types of cargo tanks be inspected essentially in NPRM that is published in the Federal fires.50 IME makes the following the same way as specification tanks. Register, providing the regulated estimates: 51 This requires competence training of community and the public an • Fire extinguishers could be affixed in inspectors and physical inspections as 8 hours. opportunity to comment. This ensures • described in Appendix B of IME transparency in the rulemaking process. The cost for 2 fire extinguishers is Standard 23. IME estimates that 75 The adoption of IME Standard 23 in approximately $250. • The labor costs for installing the fire percent of the MBTs with non- the HMR affords the following extinguishers are estimated at $280. specification tanks are in substantial advantages: • The cost associated with the MBT compliance with IME Standard 23 in • IME Standard 23 is more comprehensive downtime is approximately $560. this regard. According to IME, the • and has stricter standards than the special Approximately 25 percent of MBTs annual cost of performing inspections permits, and it may eliminate some would need to acquire and affix the and testing for noncompliant vehicles is duplicative functions, such as tire pressure extinguishers. approximately $3,500 per vehicle.56 inspections under special permits, which are Using IME data, we estimate that the Assuming that 25 percent of MBTs (or already included in Commercial Vehicle cost to equip 385 MBTs (25 percent of 385 vehicles) would need to comply, the Safety Alliance standards that FMCSA uses the 1,540 MBTs in service) with fire annual cost of complying is $1,347,500 but have not incorporated into the HMR. IME Standard 23 requires tire pressure checks extinguishers would be approximately (385 MBTs not in compliance * $3,500 before each day at the start of the trip but $419,650 (($250 for the fire for inspection and tests per vehicle). does not require firms to perform the tire extinguishers + $280 labor costs + $560 Costs associated with the nameplate. pressure checks before each departure onto a vehicle downtime) * 385 MBTs). This IME Standard 23 requires that a public road. would be a one-time cost. There will be nameplate be affixed to the vehicle • IME Standard 23 has a provision that annual maintenance costs, but we describing its design characteristics. prevents caking of AN into a solid mass. believe these costs will be negligible • According to IME, virtually all MBTs IME Standard 23 eliminates the need for (somewhere between $0 and $5 per will need a retrofit, costing an average special permits and the need for renewals, MBT over a 10-year period). Each party-to status, or modifications, thus saving of about $125 per truck for a total cost 57 industry and agency resources because it vehicle should already have at least one of $192,500 ($125 * 1,540 MBTs). This lessens burdens common to applying for and fire extinguisher on board per DOT is a one-time cost. reviewing special permits. regulations.52 IME estimates that the fire Costs associated with accident • IME Standard 23 is explicit, extinguisher has a longer life than the investigations. IME Standard 23 requires unambiguous, targeted, and simple to MBT; therefore, we estimate that there companies to provide PHMSA with an understand and follow. would be no annual costs to industry incident investigation report of all The major disadvantages are the following: resulting from this requirement. • CTMV crashes. This report may be an Regulations may need to be reevaluated Costs associated with working internal investigation because: (1) Some and changed at appropriate intervals to keep pressure limits. IME Standard 23 limits pace with technological enhancements and companies are self-insured, and (2) other matters. However, IME will perform the maximum allowable working some insurance companies will not this at no charge to PHMSA. IME will also pressure of an MBT cargo tank to 35 allow their reports to be released. An publish the revised standards free of charge pounds per square inch. This measure is independent accident investigation of a to the public.49 intended to help prevent a buildup of CTMV crash would be conducted only • PHMSA will not be evaluating the pressure in the tank, which could result if PHMSA requests it. IME estimates applicant firm’s fitness as it currently does in in a mass detonation of the contents in that this would be necessary once a year Phase 2 of the special permit application a fire.53 IME estimates that most MBTs under IME Standard 23. An process. already meet this standard and that, at • PHMSA may have to invest more time on independent accident investigation of most, 10 percent of the MBTs (or 154 58 compliance inspections. an MBT crash costs about $10,000. MBTs) would need a retrofit.54 Therefore, the annual cost associated According to IME, the cost of retrofitting c. Analysis of Costs with accident investigations would be each MBT would be about $3,000.55 The $10,000 per year. Below is an analysis of costs cost to industry to retrofit 154 MBTs Costs associated with driver training associated with the various provisions would be approximately $462,000, a after preventable accidents. IME under IME Standard 23 that affect its one-time cost. Standard 23 requires that drivers incorporation into the HMR. Costs associated with periodic tests involved in preventable accidents (as Costs associated with fire and inspections of non-DOT defined in 49 CFR 385.3) while extinguishers. IME Standard 23 requires specification cargo tanks. IME Standard operating a CTMV be retrained if the a minimum of two fire extinguishers 23 requires that non-DOT specification driver remains employed by the motor rated 4–A:40B:C for MBTs. Current carrier. The IME Standard 23 Federal regulations require a minimum 50 Portable fire extinguishers. Retrieved from requirement is similar to the of one fire extinguisher rated 10B:C. Fire http://www.ci.garden-grove.ca.us/fire/extinguishers. requirement in the current applicable extinguishers rated 4–A:40B:C are more 51 Santis, L. Cost analysis of SLP–23, special special permits, even though IME powerful than 10B:C fire extinguishers permits, and Canadian standards for bulk trucks. Institute of Makers of Explosives. Standard 23 clarifies that the carrier 52 does not have a responsibility to 48 For example, in June 2012, PHMSA published FMCSA. Part 393: Parts and accessories a final rule to incorporate provisions contained in necessary for safe operation. Retrieved from certain widely used or longstanding rail special http://www.fmcsa.dot.gov/regulations/title49/ 56 Santis, L. Cost analysis of SLP–23, special permits that have general applicability and section/393.95. permits, and Canadian standards for bulk trucks. established safety records rail special permits into 53 This does not have an effect on the capacity of Institute of Makers of Explosives. the HMR. The incorporation by reference of certain an MBT. 57 Santis, L. Cost analysis of SLP–23, special publications listed in foregoing the rule was 54 Santis, L. Cost analysis of SLP–23, special permits, and Canadian standards for bulk trucks. previously approved by the Director of the Federal permits, and Canadian standards for bulk trucks. Institute of Makers of Explosives. Register on October 1, 2003, and March 16, 2009. Institute of Makers of Explosives. 58 Santis, L. Cost analysis of SLP–23, special 49 Santis, L. Cost analysis of SLP–23, special 55 Santis, L. Cost analysis of SLP–23, special permits, and Canadian standards for bulk trucks. permits, and Canadian standards for bulk trucks. permits, and Canadian standards for bulk trucks. Institute of Makers of Explosives. Similar inferences Institute of Makers of Explosives. Institute of Makers of Explosives. can be made for ACTVs.

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continue to employ the driver. Driver if the firm has to train new drivers, the to PHMSA, once it is incorporated into training costs are variable, depending on cost is expected to be the same. the HMR. This cost is included in the the amount of training needed and Costs associated with maintaining total cost to industry; this is an ongoing required by the rule. Truck driver and updating IME Standard 23. The expenditure that is an integral part of courses cost about $5,000 per driver.59 cost of standard development is spread industry’s management and operation. As noted earlier, there are on average among many standards that IME makes Summary of all costs associated with approximately four incidents per year available to the public. Some standards the final rule. Incorporating IME under special permits. If the trend require more resources than others do. Standard 23 into the HMR will result in continues in future years under IME IME estimates that the annual cost for a one-time cost of approximately $1.1 Standard 23, the cost of driver training maintaining and updating IME Standard million and an annual cost of to the industry is expected to be about 23 is about $50,000. IME is prepared to approximately $1.4 million. The $20,000 per year (4 * $5,000), providing bear the cost of maintaining IME following Table 9 details the expected the drivers are not terminated; however, Standard 23 and updating it at no cost costs:

TABLE 9—COSTS ASSOCIATED WITH THE FINAL RULE

One-time Recurring Cost items costs annual costs

Fire Extinguishers ...... $419,650 $0 Work Pressure Limit ...... 462,000 0 Periodic Inspections ...... 0 1,347,500 Nameplate ...... 192,500 0 Accident Investigation ...... 0 10,000 Driver Training ...... 0 20,000 Maintaining/Updating IME Standard 23 ...... 0 50,000

Total ...... 1,074,150 1,416,500

d. Analysis of Benefits annual cost to industry would be departure onto public roads (based on The benefits associated with the final $80,025 (97 permit applications per year information from IME and using rule are the sum of the benefits of * $825). inferences for CTMVs), PHMSA incorporating IME Standard 23 into the Cost savings to PHMSA from no assumes the following: HMR and any benefits that may accrue longer having to review and approve • Drivers of CTMVs earn approximately from existing and new trucks meeting applications for the nine Special $35 per hour, including overhead.63 the additional requirements described Permits. PHMSA spends approximately • Drivers perform work-related activities above. The annual benefits from the $414 per application.61 The annual total about 250 days per year for approximately 14 incorporation of IME Standard 23 into cost to PHMSA for the application and hours for each of those 250 days. The 14-hour the HMR are described below. review process is $40,158 ($414 per day consists of driving (which, under current Cost savings to industry from no application * 97). U.S. regulations, is restricted to 11 driving hours during a 14-hour workday),64 non- longer having to apply for the nine Cost savings to industry associated driving (such as loading, unloading, special permits. According to PHMSA with not having to check tire pressure performing required tire checks, and doing data from May 2015, 305 requests for before each departure onto the public paperwork), and rest breaks. According to a the nine special permits were roads. The special permits contain a DOT study, commercial motor vehicle submitted, with an average life span of requirement to check and record the drivers spend approximately 66 percent of 3.132 years (approximately 97 [305 pressure in each tire before each their workday driving; 23 percent performing requests/3.132 years] requests per regulated movement on a public road, non-driving activities; and the remaining 11 year).60 There were no requests for new while IME Standard 23 contains a percent resting, eating, and sleeping while on duty.65 permits; all 305 were party-to special requirement to only check tire pressure • permits, modifications, or renewals. before the initial trip of the day, which In 2014, a gallon of diesel fuel cost $3.83.66 According to IME, the industry spends would be part of a routine pre-trip • The cost per day to operate a CTMV in approximately $825 for each renewal, inspection and should not add any compliance with special permits is $560. party-to status, or modification special additional cost.62 For the calculation of • Checking tire pressure takes permit request. Since none of the costs ensuing from the requirement to approximately 30 minutes per day, according applications involved new permits, the check tire pressure before each to an IME estimate. PHMSA believes this

59 Professional Truck Driver Institute. Frequently occupational wage statistics for ‘‘53–3032 Heavy www.transportation.gov/briefing-room/new-hours- asked questions by prospective students, schools & and Tractor-Trailer Truck Drivers,’’ the mean service-safety-regulations-reduce-truck-driver- the general public. http://www.ptdi.org/errata/ hourly wage is $20.16 per hour or $30.24 per hour, fatigue-begin-today. FAQs.pdf. using a 50-percent overhead factor. See: http:// 65 Blanco, M., Hanowski, R.J., Olson, R.L., 60 Accessed and downloaded for the nine special www.bls.gov/oes/current/oes533032.htm. The BLS Morgan, J.F., Soccolich, S.A., Wu, S., & Guo, F. permits impacted by HM–233D in May 2015 from wage estimate is less than the IME estimate because (2011, May). The impact of driving, non-driving http://www.phmsa.dot.gov/hazmat/regs/sp-a/ the BLS estimate includes drivers of all tractor work, and rest breaks on driving performance in special-permits/search. trailers and trucks with a capacity of 26,000 61 Estimate provided by the Special Permits and pounds. PHMSA is using IME’s wage estimate for commercial motor vehicle operations. Virginia Approvals Division via email on July 17, 2012. this cost analysis because the IME wage estimate Polytechnic Institute and State University & 62 Santis, L. Cost analysis of SLP–23, special relates to MBT drivers considered under this final FMCSA. permits, and Canadian standards for bulk trucks. rule. 66 U.S. Energy Information Administration. (2015, Institute of Makers of Explosives. 64 DOT. (2013, July 1). New hours-of-service August). Weekly retail gasoline and diesel prices. 63 According to the U.S. Department of Labor safety regulations to reduce truck drive fatigue Retrieved from http://www.eia.gov/dnav/pet/pet_ Bureau of Labor Statistics (BLS) May 2014 begin today [Press release]. Retrieved from http:// pri_gnd_dcus_nus_a.htm.

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may be an overestimation but has included Vehicles idle during the tire check, translates to a lost time equivalent of it in the absence of an alternative value. and PHMSA estimates that they approximately 0.036 workdays (0.5 consume 1 gallon of fuel per hour. The hours per day/14-hour workday). Thus, Under the assumptions above, the fuel costs per year per vehicle are $479 the lost productive time of CTMVs costs cost per year for the tire checks is ($3.83 per gallon of diesel * 0.5 hours $5,040 (0.036 lost time per workday * approximately $4,375 per year per per tire pressure check * 250 workdays). 250 workdays/year * $560 to operate a CTMV ($35 driver wage per hour of Additionally, the industry estimates CTMV per day) per year. See the work * 0.5 hours per tire pressure check that the daily time needed to check tire following Table 10: * 250 work days/year). pressure (i.e., 30 minutes per day)

TABLE 10—ANNUAL COSTS PER VEHICLE ASSOCIATED WITH TIRE PRESSURE CHECKS

Labor cost per Fuel cost per CTMV Total annual Average amount of time per day year per year per downtime per cost per CTMV CTMV year CTMV

30 minutes ...... $4,375 $479 $5,040 $9,894

The annual cost per vehicle packaging. IME notes that instances of addition, if the standard is associated with the tire-pressure check caking currently occur 5 to 10 times copyrighted—as is often the case with requirement is $9,894, which is an annually and cost about $12,000 to voluntary consensus standards—there annual cost to industry from the tire remediate each time.67 There is no are concerns with what might constitute pressure test requirement of additional cost to industry to comply ‘‘fair use’’ under Section 107 of the approximately $18,046,656 ($9,894 total with the requirement in IME Standard Copyright Act. There are fees for cost per vehicle per year * 1,824 23 that helps prevent caking. Thus, this licensing the standards. The costs CTMVs). preventive requirement represents a associated with paying a fee for the Cost savings to industry from reduced savings to industry on average of standards will affect small businesses caking incidence. There is a savings $90,000 per year (assuming an average and may cause small businesses to leave from the IME Standard 23 requirement of 7.5 (i.e., the average of 5 and 10) the market. relating to caking. If left sitting for caking incidents per year * $12,000 per According to IME information, the several days, ammonium nitrate (AN) incident for remediation). resources and costs associated with can absorb moisture from the air, Cost savings to the public from the development and updating include the allowing it to cake into a solid mass that IME standard. There are many resources following: is extremely difficult to break up. AN is and costs involved in the development • and revision of standards.68 According Staff and equipment to manage the highly hygroscopic; that is, it readily administration process. IME spends about absorbs water from the atmosphere. AN to the Administrative Conference of the $1 million annually on this. is also highly water-soluble. If AN sits United States report, ‘‘agencies are • Volunteer members to attend meetings undisturbed in a bulk container long legally required to identify the specific and develop text. Teleconferencing saves enough, it will absorb water and the version of material incorporated by some resources and travel costs; IME prills will dissolve slightly around the reference and are prohibited from estimates that a typical member invests about edges. A prill is a small aggregate or incorporating material dynamically. a quarter of a person-year in IME activities. When an updated version of the The cost is not quantified. globule of a material, most often a dry • For meetings, IME spends approximately sphere, formed from a melted liquid. A incorporated material becomes available, the regulation must be $100,000 per year. drop in temperature will then cause the • IME spends approximately $50,000 per prills to solidify into a solid mass. IME updated if PHMSA wants the regulation 69 year to maintain IME Standard 23. Standard 23 counteracts this by to incorporate the new version.’’ In • IME spends approximately $100,000 per unloading the transport container. year for videos, posters, and publications. 67 Santis, L. Cost analysis of SLP–23, special Almost all bulk trucks will have AN permits, and Canadian standards for bulk trucks. IME will make the standard available prills in them at some point, making Institute of Makers of Explosives. at no charge, which represents a cost them susceptible to caking. Routine 68 ANSI notes that standard-setting organizations saving to the public of about $1.3 charge for standards because ‘‘every standard is a maintenance requirements under IME 70 work of authorship and, under U.S. and million. This is cost saving to the Standard 23 do not permit caking of the international law, is copyright protected, giving the users, since there are several factors that contents of an MBT to occur. IME owner certain rights of control and remuneration impact the price of a standard. Standard 23 specifies that if the interior that cannot be taken away without just According to the American National surfaces of bulk packaging are not compensation. In addition, there are many costs associated with developing, maintaining, and Standards Institute (ANSI), the price smooth and free of obstructions, the distributing standards—all of which can be charged by standard setters includes the bulk packaging is to be inspected and reflected in the price of a standard.’’ ANSI. Why costs of: (1) Developing and maintaining cleaned ‘‘to prevent caking and/or voluntary consensus standards incorporated by reference into Federal Government regulations are the standards; (2) supporting the users drying-out of the bulk hazardous copyright protected. Retrieved August 18, 2012, of the standards and educating Federal, material.’’ IME Standard 23 further from http://publicaa.ansi.org/sites/apdl/ State, and local government regulators specifies that bulk hazardous materials Documents/News%20and%20Publications/ and legislators about the value of the not be allowed to remain in the bulk Critical%20Issues/Copyright%20 on%20Standards%20in%20Regulations/ standards; (3) paying for intellectual packaging for any period of time that Copyright%20on%20Standards%20 property rights; and (4) paying for the could result in caking. IME Standard 23 in%20Regulation.pdf. production, warehousing, and 69 recommends that the equipment be Administrative Conference of the United distribution costs associated with cleaned as needed to minimize the States. (Memorandum). (2011, October 19). Retrieved August 7, 2015, from https:// accumulation and packing of the bulk www.acus.gov/sites/default/files/documents/ 70 Assumes non-quantified costs of $50,000 for hazardous materials in the bulk Revised-Draft-Recommendation-10-19-11.pdf. volunteer members.

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disseminating the standards.71 Based on Act), and certain other laws relating to TABLE 11—BENEFITS ASSOCIATED IME’s experience with developing, motor vehicle safety. Under that WITH THE FINAL RULE—Continued maintaining, providing assistance to authority, NHTSA issues and enforces users and others, and disseminating the FMVSS that apply to motor vehicles Cost savings items Cost savings standards, we estimate that the total and to certain items of motor vehicle per year annual costs for the development and equipment. The Vehicle Safety Act maintenance of standards would likely requires that motor vehicles and PHMSA savings from special regulated items of motor vehicle permit application review .. 40,158 be more than $1.3 million because of an Industry savings from no undetermined licensing fee additional equipment manufactured for sale in the longer having to do tire to the other cost elements. United States be certified to comply checks prior to departures Cost savings to industry from reduced with all applicable FMVSS. Before across public roads ...... 18,046,650 paperwork burden. According to the offering a motor vehicle or motor Savings to industry from re- Paperwork Reduction Act supporting vehicle equipment item for sale in the mediation resulting from statement that was prepared for the United States, the fabricating caking incidents experi- HM–245 rule that incorporated ‘‘Certain manufacturer must: (1) Designate a enced under current oper- Cargo Tank Special Permits’’ into the permanent resident of the United States ations under special per- as its agent for service of process if the mits ...... 90,000 HMR, PHMSA estimated a 1-hour Minimum savings to the pub- special permit renewal time. PHMSA fabricating manufacturer is not located lic from making IME estimates that the fully loaded wage rate in the United States (49 CFR part 551, Standard 23 available to for the employee who fills out the subpart D Service of Process on Foreign the public at no cost, up- permits (e.g., a compliance officer) is Manufacturers and Importers), and (2) dating and maintaining the $32.69 per hour; the fully loaded wage submit to NHTSA identifying publication ...... 1,300,000 rate is $49.04 ($32.69 * 1.5) per hour.72 information on itself and on the Reduced paperwork burden 4,757 products it manufactures to the FMVSS, The annual cost savings to industry Total ...... 19,561,590 associated with the reduced paperwork not later than 30 days after the is approximately $4,757 ($49.04 hourly manufacturing process begins (49 CFR 8. Summary of Costs and Benefits From wage rate for a compliance officer * 97 part 566 Manufacturer Identification). Adopting the Final Rule fewer special permits). Summary of all benefits associated Cost savings from incorporating the with the final rule. Incorporating IME Under the final rule, the one-time NHTSA requirement. The NHTSA Standard 23 into the HMR will result in costs are about $1.1 million and the requirement in the final rule is expected annual quantified cost savings of recurring annual costs are about $1.4 to reduce regulatory and administrative approximately $19.5 million (see Table million. The benefits account for burden without negatively affecting 11). approximately $19.6 million (see Table transportation safety. There are likely to 12). The net present value of costs be no significant marginal costs or TABLE 11—BENEFITS ASSOCIATED discounted at three percent and seven benefits associated with this WITH THE FINAL RULE percent over 10 years are about $13.1 requirement. NHTSA is the U.S. million and $11.0 million, respectively. Cost savings The present value of the $19.6 million Government agency responsible for Cost savings items per year implementing and enforcing the discounted at three percent and seven National Traffic and Motor Vehicle Industry savings from no percent over 10 years is about $171.9 Safety Act of 1966, as amended, 49 longer having to submit million and $147.0 million, U.S.C. chapter 301 (the Vehicle Safety special permit applications $80,025 respectively.

TABLE 12—COSTS AND BENEFITS ASSOCIATED WITH THE FINAL RULE

Benefits (cost Cost items One-time Recurring savings) per costs annual costs year

Industry applications for special permits ...... $0 $0 $80,025 PHMSA review of special permit applications ...... 0 0 40,158 Tire pressure checks ...... 0 0 18,046,650 Fire extinguishers ...... 419,650 0 0 Working pressure limit ...... 462,000 0 0 Caking ...... 0 0 90,000 Periodic inspections/tests ...... 0 1,347,500 0 Nameplate ...... 192,500 0 0 Accident investigations ...... 0 10,000 0 Driver training ...... 0 20,000 0 Maintaining/updating IME Standard 23 ...... 0 50,000 1,300,000 Reduced paperwork burden ...... 0 0 4,757

Total ...... 1,074,150 1,427,500 19,561,590

71 ANSI. Why charge for standards? Retrieved 72 PHMSA-based labor costs on the ‘‘Compliance labor cost. See: BLS Occupational Employment from http://www.ansi.org/help/charge_ Officer’’ occupation for wages, and accounted for Statistics http://www.bls.gov/oes/current/ standards.aspx?menuid=help. fringe benefits of 50 percent to estimate the full oes131041.htm.

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The annualized costs of the rule and, at seven percent, $14.7 million. are approximately $13.6 million ($14.7 discounted at three percent are $1.3 The annualized net benefits of the final million in annualized benefits and $1.1 million and at seven percent are rule at three percent are approximately million in annualized costs). Table 13 approximately $1.1 million (see Table $15.9 million ($17.2 million in summarizes these annual values: 13). The annualized benefits at three annualized benefits and $1.3 million in percent are approximately $17.2 million annualized costs) and at seven percent

TABLE 13—ANNUAL AND ANNUALIZED VALUES [$ Millions]

Values 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025

Costs ...... $2.5 $1.4 $1.4 $1.4 $1.4 $1.4 $1.4 $1.4 $1.4 $1.4 Benefits ...... 19.6 19.6 19.6 19.6 19.6 19.6 19.6 19.6 19.6 19.6 Net Benefits...... 17.1 18.1 18.1 18.1 18.1 18.1 18.1 18.1 18.1 18.1

Annualized Values at 3% Discount Rate

Costs ...... 1.3 Benefits ...... 17.2 Net Benefits ...... 15.9

Annualized Values at 7% Discount Rate

Costs ...... 1.1

Benefits ...... 14.7 Net Benefits ...... 13.6

C. Executive Order 13132: Federalism requirements on certain covered Register the effective date of Federal subjects. Covered subjects are: preemption. The effective date may not Executive Order 13132 requires (1) The designation, description, and be earlier than the 90th day following agencies to assure meaningful and classification of hazardous materials; the date of issuance of the final rule and timely input by state and local officials (2) The packing, repacking, handling, not later than two years after the date of in the development of regulatory labeling, marking, and placarding of issuance. PHMSA proposes the effective policies that may have ‘‘substantial hazardous materials; date of federal preemption will be 90 direct effects on the states, on the (3) The preparation, execution, and days from publication of the final rule relationship between the national use of shipping documents related to in this matter in the Federal Register. government and the States, or on the hazardous materials and requirements D. Executive Order 13175: Consultation related to the number, contents, and distribution of power and and Coordination With Indian Tribal placement of those documents; responsibilities among the various Governments levels of government.’’ (4) The written notification, This final rule was analyzed in recording, and reporting of the This final rule was analyzed in accordance with the principles and accordance with the principles and unintentional release in transportation of hazardous materials; or criteria contained in Executive Order criteria contained in Executive Order (5) The designing, manufacturing, 13175 (‘‘Consultation and Coordination 13132 (‘‘Federalism’’), and the fabricating, inspecting, marking, with Indian Tribal Governments’’). President’s memorandum on maintaining, reconditioning, repairing, Because this final rule does not have ‘‘Preemption’’ published in the Federal or testing a package, container or tribal implications and does not impose Register on May 22, 2009 (74 FR packaging component that is substantial direct compliance costs on 73 24693). This final rule preempts state, represented, marked, certified, or sold Indian tribal governments, the funding local and Indian tribe requirements but as qualified for use in transporting and consultation requirements of does not amend any regulation that has hazardous material in commerce. Executive Order 13175 do not apply. substantial direct effects on the states, This final rule addresses covered Furthermore, we did not receive any the relationship between the national subject items (2), (3), and (5) and would comments to the NPRM or requests for government and the states, or the preempt any State, local, or Indian tribe consultation from Indian tribes during distribution of power and requirements concerning these subjects this rulemaking process. responsibilities among the various unless the non-Federal requirements are E. Regulatory Flexibility Act, Executive levels of governments. Therefore, the ‘‘substantively the same’’ as the Federal Order 13272, and DOT Procedures and consultation and funding requirements requirements. Furthermore, this final Policies of Executive Order 13132 do not apply. rule is necessary to update, clarify, and Federal hazardous material provide relief from regulatory The Regulatory Flexibility Act of 1980 transportation law, 49 U.S.C. 5101– requirements. (RFA), as amended, requires Federal 5128, contains an express preemption Federal hazardous materials agencies to conduct a separate analysis provision [49 U.S.C 5125(b)] preempting transportation law provides at 49 U.S.C. of the economic impact of rules on state, local and Indian tribe 5125(b)(2) that if PHMSA issues a small entities, taking into account the regulation concerning any of the particular concerns of small entities 73 http://www.gpo.gov/fdsys/pkg/FR-2009-05-22/ covered subjects, PHMSA must when developing, writing, publicizing, pdf/E9-12250.pdf determine and publish in the Federal promulgating, and enforcing

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regulations. Under Section 603(b) of the and eliminates unnecessary regulatory 3. A Description of and, Where Feasible, RFA, each final Regulatory Flexibility requirements. The intended effects of an Estimate of the Number of Small Analysis is required to address: this rulemaking would provide Entities To Which the Final Rule Will 1. A statement of the need for, and enhanced flexibility for industry Apply objectives of, the rule. transporting hazardous materials in 2. A summary of the significant issues commerce while maintaining an By amending the HMR, this action raised by public comments in response appropriate level of safety. The will likely affect only existing holders of to the Initial Regulatory Flexibility rulemaking would amend the HMR by the nine special permits. Firms newly Analysis, a summary of the assessment incorporating IME Standard 23 and engaged in the transportation of bulk of the agency of such issues, and a therefore include the requirements of explosives will benefit from the statement of any changes made in the nine special permits that were used to elimination of the special permit final rule as a result of such comments. create IME Standard 23. application process. Manufacturers of 3. The kind and number of small MBTs will also be affected by the final entities to which the final rule will 2. Comments Received on the NPRM rule, as they have to comply with the Relating to Small Entity Impact apply. Federal Motor Vehicle Safety Standard 4. The projected reporting, PHMSA did not receive any part of the rule. recordkeeping, and other compliance comments specifically relating to the PHMSA data detailing the requirements of the final rule. impact of the proposed rule on small 5. A description of the steps the applications from firms for the special entities. A more extensive discussion of permits under consideration show that agency has taken to minimize the the comments relating to the impact of significant adverse economic impact on 100 firms were involved in obtaining the requirements proposed in the NPRM small entities consistent with the stated permits for the nine special permits is provided in Section 2.7 of the Final objectives of applicable statutes, referred to above.76 All were Rule Regulatory Impact Analysis (RIA). including a statement of the factual, applications for renewals, party-to For the HM–233D NPRM, PHMSA policy, and legal reasons for selecting status, or modifications. Of the 100 received two sets of comments from IME the alternative adopted in the final rule firms, we found 83 percent to be small and one set of comments from R&R.74 75 and why each of the other significant and 17 percent to be large. The size of IME strongly opposed including the FSS alternatives to the rule considered by firm was determined using the U.S. requirement in the HM–233D the agency was rejected. Small Business Administration (SBA) rulemaking and provided numerous A discussion of these requirements size standard.77 SBA bases the size arguments and data to back up their follows. standard on the firm’s North American point of view. These included: Industry Classification System (NAICS) 1. Need for the Rule 1. No deaths and serious injuries have code and either average number of been attributable to hazardous materials The objective of this rulemaking is to employees or average annual revenue. develop a set of standards related to the carried on MBTs. 2. There is no guarantee that a FSS The NAICS code, number of employees, safe transportation of bulk explosives in and annual revenue were mostly found CTMVs that will no longer require the will be operational after a crash. on Manta.78 When there was no need to apply for or become a party to 3. The Natural Resources Canada FSS information on revenue or employees in a special permit, as the standard will be will increase the cost of a MBT by 1.2 Manta, FindTheCompany was used.79 In in the HMR. This rulemaking action is percent to 1.6 percent. the data, five percent of firms did not necessary to provide regulatory IME also opposed the specifics of the have an associated NAICS code, and flexibility and relief while protecting requirement for EBDDs in the HM–233D public health, welfare, safety, and the rulemaking, stating that they would three percent of firms did not have environment. The final rule will be support an EBDD requirement that revenue or employee information. As beneficial to stakeholders by reducing harmonizes with the Canadian standard. small firms are less likely to have public paperwork for industry and government R&R argued for clarifications needed to information associated with them, these while maintaining an appropriate level be made to the HM–233D rulemaking, in firms were classified as small. of safety, which promotes safer particular, to draw a clearer delineation There were 29 different NAICS codes, transportation practices. Finally, this between MBTs and ACTVs that carry as shown in the following Table 14. Of rulemaking action facilitates commerce one commodity. the 100 firms, 83 were small businesses.

TABLE 14—NUMBER OF SMALL BUSINESSES BY NAICS CODE

Number of Percentage of NAICS code Number of small small businesses businesses businesses

424690 ...... 25 24 96 325920 ...... 18 14 78 484230 ...... 10 6 60 238910 ...... 9 6 67 236115 ...... 2 2 100 236210 ...... 2 2 100 237110 ...... 2 1 50

74 Retrieved from http://www.regulations.gov/# 76 Accessed and downloaded for the nine special System codes. Retrieved from https://www.sba.gov/ !docketBrowser;rpp=25;po=0;dct=PS;D=PHMSA- permits impacted by HM–233D in May 2015 sites/default/files/files/Size_Standards_Table.pdf. 2011-0345. (http://www.phmsa.dot.gov/hazmat/regs/sp-a/ 78 Manta. http://www.manta.com. 75 Other comments received from the Dangerous special-permits/search). 79 FindTheCompany. http:// Goods Advisory Council and the Council on Safe 77 SBA. Table of small business standards Transportation of Hazardous Articles are supportive www.findthecompany.com/. of the rulemaking and IME’s comments. matched to North American Industry Classification

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TABLE 14—NUMBER OF SMALL BUSINESSES BY NAICS CODE—Continued

Number of Percentage of NAICS code Number of small small businesses businesses businesses

237310 ...... 2 2 100 237990 ...... 2 2 100 423990 ...... 2 2 100 484121 ...... 2 1 50 541990 ...... 2 2 100 212311 ...... 1 1 100 212312 ...... 1 1 100 213111 ...... 1 1 100 213113 ...... 1 1 100 213115 ...... 1 0 0 238220 ...... 1 1 100 238990 ...... 1 1 100 423610 ...... 1 0 0 444110 ...... 1 1 100 484110 ...... 1 1 100 485999 ...... 1 0 0 488210 ...... 1 1 100 531130 ...... 1 1 100 561499 ...... 1 1 100 562112 ...... 1 1 100 813920 ...... 1 1 100 999900 ...... 1 1 100 Not available ...... 5 5 100

Total ...... 100 83 83 Source: PHMSA Special Permits Database and Econometrica calculations.

4. A Description of the Projected estimated to be MBTs and 284 were (1,540 MBTs in service * 83 percent Reporting, Recordkeeping, and Other estimated to be ACTVs. PHMSA small business entities) and 236 ACTVs Compliance Requirements of the Final assumes a uniform distribution of MBTs (284 ACTVs in service * 83 percent Rule among small and large firms, even small business entities), giving a total of though large firms operate a significant 1,514 CTMVs, as shown in the following The RIA estimated the number of proportion of the MBTs in service.80 Table 15: CTMVs to be 1,824, of which 1,540 were Thus, small firms operate 1,278 MBTs

TABLE 15—NUMBER AND TYPES OF TRUCKS OPERATED BY SMALL BUSINESSES

Percentage Trucks operated by operated Type of truck Total trucks small by small businesses businesses

MBT ...... 1,540 83 1,278 ACTV ...... 284 83 236 CTMV ...... 1,824 83 1,514 Source: RIA and Econometrica calculations.

A discussion of the impacts of the a minimum of two fire extinguishers $560 vehicle downtime) * 320 MBTs]. final rule on small businesses is rated 4–A:40B:C. IME estimates that This is expected to be a one-time cost. included below. approximately 25 percent of the MBTs Costs associated with working Costs to Small Businesses in service would need to acquire and pressure limits. IME Standard 23 limits affix the fire extinguishers. Assuming Costs associated with tire pressure the maximum allowable working these MBTs are distributed uniformly pressure of an MBT cargo tank to 35 checks. IME Standard 23 contains a across all firms, small businesses will requirement to check tire pressure pounds per square inch. IME estimates need to acquire and affix fire before the initial trip of the day. This that at most 10 percent of the MBTs extinguishers to 320 MBTs (1,278 MBTs would be part of a routine pre-trip would need a retrofit to meet this inspection and is not expected to add * 0.25 MBTs in service would need to standard. Assuming these MBTs are costs. acquire and affix the fire extinguishers) distributed uniformly across all firms, Costs associated with fire at a total cost of $348,800 [($250 for the small businesses will need to retrofit extinguishers. IME Standard 23 requires fire extinguishers + $280 labor costs + 128 MBTs (1,278 MBTs * 0.10 MBTs

80 Based on data from the 2015 Federal Motor have 100 or more CTMVs in their fleets, so a more analysis presented in this Final Rule Regulatory Carrier Safety Administration Motor Carrier complex analysis would remove those 8 large firms Flexibility Analysis may actually overstate the Management Information System Catalog, 8 firms and 800 CTMVs from the calculations. Thus, the impact on small businesses.

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would need a retrofit to meet this $1,120,000 ($3,500 per inspection and if PHMSA requests it. IME estimates standard) at a total cost of $384,000 test * 320 MBTs). This is a recurring that under IME Standard 23 this would ($3,000 for the retrofit * 128 MBTs). cost. be necessary once a year. An This is a one-time cost. Costs associated with the nameplate. independent accident investigation of a Costs associated with periodic tests IME Standard 23 requires that a MBT or ACTV crash costs about and inspections of non-DOT nameplate be affixed to the vehicle $10,000. In addition, four incidents per specification cargo tanks. IME Standard describing its design characteristics. year will require driver training at the 23 requires that non-DOT specification PHMSA assumes that all MBTs will cost of $20,000 ($5,000 per training * 4 cargo tanks be inspected essentially in need to affix a nameplate. For small incidents). Assuming incidents over the same way as specification tanks. businesses, the total cost associated time are distributed uniformly among This requires competence training of with the nameplate is $159,750 ($125 all firms, small businesses will have an inspectors and physical inspections as per nameplate * 1,278 MBTs). This is a expected annual cost of $24,900 per described in Appendix B of IME one-time cost. year [($10,000 for investigations + Standard 23. IME estimates that 25 Costs associated with accident $20,000 for training) * 0.83 small percent of the MBTs with non- investigations and driver training after entities]. specification tanks are not in preventable accidents. IME Standard 23 compliance with IME Standard 23 in requires companies to provide PHMSA Costs summary. The total one-time this regard. Assuming these MBTs are with an incident investigation report of cost borne by small businesses distributed uniformly across all firms, all CTMV crashes. This report may be associated with the final rule is small businesses will need to conduct an internal investigation because: (1) $892,550; approximately $90,000 per tests and inspections on 320 MBTs Some companies are self-insured, and year over a 10-year period. The total (1,278 MBTs * 0.25 MBTs with non- (2) some insurance companies will not recurring cost borne by small businesses specification tanks are not in allow their reports to be released. An is expected to be $1,144,900 per year. compliance with IME Standard 23 in independent accident investigation of a The following Table 16 summarizes this regard) at an annual cost of CTMV crash would be conducted only these costs.

TABLE 16—COST OF FINAL RULE REQUIREMENTS

Cost item One-time cost Annual cost

Fire Extinguishers ...... $348,800 ...... Working Pressure Limit ...... 384,000 ...... Periodic Test and Inspections ...... $1,120,000 Nameplate ...... 159,750 ...... Accident investigations and driver training ...... 24,900

Total ...... 892,550 1,144,900 Source: RIA and Econometrica calculations.

Benefits to Small Businesses road departure would no longer apply. TABLE 17—ANNUAL BENEFITS Savings from applications. This will represent a cost saving of ASSOCIATED WITH FINAL RULE Incorporating IME Standard 23 into the $14,978,720 ($18,046,650 for operating requirements * 0.83 small entities) per Annual cost HMR will eliminate nine special Cost savings items savings permits and the costs associated with year to small businesses. preparing and submitting applications Savings from caking remediation. The Applications ...... $66,825 for these special permits. Assuming the caking requirement in IME Standard 23 Tire pressure checks ...... 14,978,720 97 special permit applications per year will eliminate the cost of remediating Caking remediation ...... 74,700 are distributed uniformly among small caking in the bulk packaging. Assuming Total ...... 15,120,245 and large firms, small businesses the 7.5 caking incidents per year are account for approximately 81 (97 * 0.83 distributed uniformly among small and Source: RIA and Econometrica calculations. small entities) applications per year. large firms, the caking requirement will Thus, small businesses will save 5. Steps Taken To Mitigate the Impact represent a cost savings of $74,700 of the Rule on Affected Small Entities $66,825 (81 special permit applications ($12,000 to remediate caking * 7.5 * $825 per special permit party-to or caking incidents per year * 0.83 small PHMSA has not excluded small renewal application) per year. entities) per year. entities from any of the requirements of Savings from tire pressure checks. the final rule. However, PHMSA has The special permits require that tires Benefits summary. The total cost removed the FSS and emergency shut- must be checked and the pressure of savings for small businesses associated off/battery disconnect device each tire recorded before each departure with the final rule are estimated at requirements—included in the proposed onto or across a public road, which adds $15,120,245 ($66,825 savings from rule—from the final rule, which will a cost of $18,046,650 annually to applications + $14,978,720 savings from mitigate many of the cost impacts of the operating requirements for the 1,824 tire pressure checks + $74,700 savings rule for small entities. Since costs are CTMVs in service, a cost not incurred from caking remediation) per year (see distributed evenly across firms, but by any other hazardous materials following Table 17). The benefits far large firms have higher revenues than trucking operation. Under the outweigh the costs. small firms, the reduced costs would incorporation of IME Standard 23 into have a larger impact on small-firm the HMR, the mandate to check and profitability than on large-firm record tire pressures before each on- profitability.

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An Identification of All Federal Rules Net Decrease in Annual Burden Costs: Packagings and nine special permits That May Duplicate, Overlap, or $5,000. related to multipurpose bulk trucks Conflict With the Final Rule Requests for a copy of this (MBTs) used to transport various explosives, oxidizers, flammable PHMSA is revising the HMR by information collection should be liquids, and corrosive liquids on the amending the regulations to establish directed to Steven Andrews or T. Glenn same transport vehicle. The objective of standards for the safe transportation of Foster, Office of Hazardous Materials this rulemaking is to develop a set of bulk explosives. The final rule has a Standards (PHH–12), Pipeline and standards related to the safe detailed explanation of all the Hazardous Materials Safety transportation of these materials in requirements. None of the existing Administration, 1200 New Jersey MBTs that will no longer require a Federal rules duplicate, overlap, or Avenue SE., Washington, DC 20590– 0001, Telephone (202) 366–8553. special permit because the standard will conflict with the final rule. be in the HMR. Conclusion G. Regulation Identifier Number (RIN) Through this final rule PHMSA is A regulation identifier number (RIN) incorporating IME Standard 23 and This final rule has been developed in is assigned to each regulatory action establishing requirements of general accordance with Executive Order 13272 listed in the Unified Agenda of Federal applicability governing the (‘‘Proper Consideration of Small Entities Regulations. The Regulatory Information transportation of bulk explosive in Agency Rulemaking’’) and DOT’s Service Center publishes the Unified materials. In addition, PHMSA is procedures and policies to promote Agenda in April and October of each requiring compliance with Federal compliance with the Regulatory year. The RIN contained in the heading Motor Vehicle Safety Standard Flexibility Act to ensure that potential of this document may be used to cross- (FMVSS). impacts of draft rules on small entities reference this action with the Unified 2. Background are properly considered. In summary, Agenda. the final rule provides substantial This rulemaking is responsive to two benefits to small entities as H. Unfunded Mandates Reform Act of petitions for rulemaking submitted by demonstrated above. 1995 industry representatives, P–1557 F. Paperwork Reduction Act This final rule does not impose concerning the elimination of the need unfunded mandates under the to operate under special permits by PHMSA currently has an approved Unfunded Mandates Reform Act of incorporating them into the HMR, and information collection under Office of 1995. It does not result in costs of $155 P–1583 concerning the incorporation of Management and Budget (OMB) Control million or more to either state, local or an industry standard publication. Number 2137–0051, entitled tribal governments, in the aggregate, or Further, developing these requirements ‘‘Rulemaking, Special Permits, and to the private sector, and is the least would provide wider access to the Preemption Requirements.’’ This final burdensome alternative that achieves regulatory flexibility currently only rule may result in a decrease in the the objective of the rule. offered by special permit and competent annual burden and costs under OMB authorities. Control Number 2137–0051 due to I. Environmental Assessment and This rulemaking specifically focuses adopting changes to incorporate IME Finding of No Significant Impact on reviewing IME Standard 23: Standard 23 and certain provisions The National Environmental Policy Recommendations for the contained in certain widely-used or Act, 42 U.S.C. 4321–4375, requires that Transportation of Explosives, Division longstanding special permits that have federal agencies consider the 1.5, Ammonium Nitrate Emulsions, an established safety record. consequences of major Federal actions Division 5.1, Combustible Liquids, Class Under the Paperwork Reduction Act and prepare a detailed statement on 3, and Corrosives, Class 8 in Bulk of 1995, no person is required to actions significantly affecting the Packagings and nine special permits respond to an information collection quality of the human environment. The related to MBTs used to transport unless it has been approved by OMB Council on Environmental Quality various explosives, oxidizers, flammable and displays a valid OMB control (CEQ) regulations require federal liquids, and corrosive liquids on the number. Section 1320.8(d), title 5, Code agencies to conduct an environmental same transport vehicle. The objective of of Federal Regulations requires that review considering: (1) The need for the this rulemaking is to develop a set of PHMSA provide interested members of action; (2) alternatives to the action; (3) standards related to the safe the public and affected agencies an probable environmental impacts of the transportation of these materials in opportunity to comment on information action and alternatives; and (4) the MBTs that will no longer require the and recordkeeping requests. agencies and persons consulted during need to apply for a special permit as the This final rule identifies revised the consideration process [40 CFR standard will be in the HMR. information collection requests that 1508.9(b)]. This final rule is published under the PHMSA will submit to OMB for authority of 49 U.S.C. 5103(b), which 1. Introduction approval based on the requirements in authorizes the Secretary to prescribe this final rule. PHMSA has developed PHMSA is amending the HMR by regulations for the safe transportation, burden estimates to reflect changes in establishing standards for the safe including security, of hazardous this final rule and estimates that the transportation of bulk explosives. This material in intrastate, interstate, and information collection and rulemaking specifically focuses on foreign commerce. The 49 U.S.C. recordkeeping burdens would be reviewing the Institute of Makers of 5117(a) authorizes the Secretary of revised as follows: Explosives (IME)’s Safety Library Transportation to issue a special permit Publication 23 (IME Standard 23): from a regulation prescribed in 5103(b), OMB Control No. 2137–0051: Net Decrease in Annual Number of Recommendations for the 5104, 5110, or 5112 of the Federal Respondents: 100. Transportation of Explosives, Division Hazardous Materials Transportation Net Decrease in Annual Responses: 100. 1.5, Ammonium Nitrate Emulsions, Law to a person transporting, or causing Net Decrease in Annual Burden Hours: Division 5.1, Combustible Liquids, Class to be transported, hazardous material in 200. 3, and Corrosives, Class 8 in Bulk a way that achieves a safety level at least

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equal to the safety level required under 571, as applicable. Furthermore, the developed through organizations or the law, or consistent with the public multipurpose bulk truck manufacturer trade associations. PHMSA will likely interest, if a required safety level does must maintain a certification record participate in standard-setting to not exist. The final rule amends the ensuring the final manufacturing is in develop standards that meet safety regulations by incorporating provisions compliance with the FMVSS, per the criteria that are in the interest of the from certain widely used and certification requirements found in 49 United States. While compliance with longstanding special permits that have CFR part 567. These certification voluntary standards is thought to be established a history of safety and that records must be made available to DOT high by industry participants, firms do may, therefore, be converted into the representatives upon request. not have to comply with them, since regulations for general use. Need: This specifies that all new they are voluntary. This creates some construction and modified MBTs must concern since the non-adoption may 3. Purpose and Need conform to the FMVSS requirements. mean that those firms may not comply PHMSA amends the HMR to establish with minimum safety standards. A standards for the safe transportation of 4. Public Involvement review of this alternative leads to a bulk explosives. Developing such This rulemaking is responsive to two possibility that important provisions of the HMR is intended to petitions for rulemaking submitted by environmental safety measures would provide wider access to the regulatory industry representatives, P–1557 not be implemented as completely as flexibility that currently only is offered concerning the elimination of the need they would under alternative (5). For by way of obtaining a special permit. to operate under special permits by example, the provisions: (1) Any non- For example, the adoption of a incorporating them into the HMR, and DOT specification cargo tanks, portable regulatory standard in the HMR would P–1583 concerning the incorporation of tanks, sift-proof closed vehicles and eliminate the need for persons who hold an industry standard publication. closed bulk bins must be qualified, a special permit to apply for renewal in Developing these requirements would inspected, and maintained essentially the future. provide wider access to the regulatory the same as a DOT-specification bulk In this final rule, PHMSA is revising flexibility currently only offered by container (as set out in Appendix B of the HMR by amending the regulations to special permit and competent IME Standard 23); and (2) inspectors establish standards for the safe authorities. conducting inspections of non-DOT transportation of bulk explosives. The non-specification tanks must meet 5. Market Segments Affected and following is a description of the action training qualifications outlined in Requirements of the Final Rule and the need for the action. Appendix B, would not be implemented This final rule incorporates elements if this alternative (#2: PHMSA Defers to a. Incorporation of IME Standard 23 Into of nine special permits that authorize Voluntary Standards) was selected. the HMR multipurpose bulk truck operations not While there may be certain beneficial Action: PHMSA incorporates IME specifically permitted under the HMR. environmental effects with this Standard 23 and establishes The amendments will eventually alternative, there are certainly requirements of general applicability eliminate the need for current grantees drawbacks too. Furthermore, this governing the transportation of bulk to reapply for renewal of special permits alternative does not ensure the level of explosive materials. As such, PHMSA every four years and for PHMSA to safety that alternative (5) would because revises the 49 CFR 171.7 table of process those renewal applications. It firms may not comply with a voluntary material incorporated by reference to will also allow other operators to standard. include IME Standard 23, and establish transport bulk explosives without a Alternative 3: Incorporate Special a new section for the bulk explosives special permit, provided that the Permits That Have a Good Safety Record requirements. operators conform to the requirements Into the HMR. Need: PHMSA has concluded that the of this rule, including those explicitly This would not be the preferred incorporation of IME Standard 23 into stated in IME Standard 23. alternative. Under this option, PHMSA the HMR will provide wider access to would incorporate seven of the nine the regulatory flexibility currently only 6. Alternatives Considered special permits into the HMR. These offered by special permit and competent Alternative 1: No Action. seven special permits have very good authorities. PHMSA believes this will This would not be the preferred safety records. By incorporating these benefit the government and the alternative. Under this option, PHMSA special permits, PHMSA would need to industry, as it will eliminate the need would continue existing requirements work through the Federal rulemaking for firms to apply individually to for special permits to transport bulk process to modify the HMR in response transport certain classes of bulk explosives by taking no action. to technological enhancements and materials in MBTs, provide regulatory However, PHMSA believes that there other matters relating to the flexibility and relief while maintaining are considerable benefits (both transportation of the bulk explosives an high level of safety, promote safer environmental and economic) to taking covered under the seven special transportation practices, facilitate action provided that a high level of permits. It may be more advantageous to commerce, reduce paperwork burdens, safety is maintained. If no action is incorporate standards developed by and eliminate unnecessary regulatory taken there will be no beneficial or industry than for PHMSA to develop its requirements. adverse environmental effects compared own standards and incorporate them to the status quo. Finally, this into the HMR. There may be beneficial b. Federal Motor Vehicle Safety alternative would not impose any costs, environmental effects with this Standards for New Construction and but it would prevent the opportunity to alternative, but not to the extent of the Modified Multipurpose Bulk Trucks realize any efficiency benefits. final action because this alternative is Action: New or modified Alternative 2: PHMSA Defers to not as comprehensive. multipurpose bulk trucks constructed Voluntary Standards. Alternative 4: Adopt Other National 120 days after the publication date of This would not be the preferred or International Standards. the final rule must be in compliance alternative. Under this option, PHMSA This would not be the preferred with the FMVSS found in 49 CFR part will defer to voluntary standards alternative. Under this option, PHMSA

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would adopt other national or 7. Analysis of Environmental Impacts 8. Comments From Agencies and Public international standards, such as those Routes used to transport bulk In considering the potential used by Canada, Australia, or the United explosives traverse a variety of environmental impacts of the final Nations. These other standards do not environments—from highly populated action, PHMSA does not anticipate that conform well to existing U.S. law and to urban sites to remote, unpopulated rural permitting the new alternative would the nine special permits. For example, areas. PHMSA manages the result in any significant impact on the the U.S. Bridge Law (USBL) provides transportation of specific hazardous human environment because the known standards for bridge materials, including bulk explosives, process through which special permits construction, by, among other with special permits that must achieve for bulk explosives are developed and requirements, placing restrictions on the a level of safety at least equal to the certified has historically demonstrated overall size of MBTs in service in the level of safety achieved when an equivalent level of safety of the HMR. United States. Other standards do not transported under the HMR. 9. Conclusion conform to the USBL. Also, these The physical environment potentially standards are implemented in ways that Given that this rulemaking amends affected by the final rule includes the the HMR to permit an alternative with may not be possible within the airspace, water resources (e.g., oceans, equivalent and established safety regulatory framework in the United streams, lakes), cultural and historical records, these changes in regulation States. This alternative will not have resources (e.g., properties listed on the have the potential to increase safety and beneficial environmental effects beyond National Register of Historic Places), environmental protections. In the NPRM the status quo. biological and ecological resources (e.g., PHMSA solicited comments about coastal zones, wetlands, plant and Alternative 5: Incorporate IME Standard potential environmental impacts animal species and their habitat, forests, 23 Into the HMR With Additional associated with this rulemaking from grasslands, offshore marine ecosystems), Features other agencies, stakeholders, and and special ecological resources (e.g., citizens; and we did not receive This option is the preferred threatened and endangered plant and anything specific to these issues. animal species and their habitat, alternative, because it would provide J. Privacy Act regulatory flexibility without imposing national and state parklands, biological burdensome costs. IME Standard 23 reserves, Wild and Scenic Rivers) that In accordance with 5 U.S.C. 553(c), recommends standards for MBT straight exist directly adjacent to and within the DOT solicits comments from the public trucks that typically transport multiple vicinity of roads and routes used in the to better inform its rulemaking process. transportation of bulk explosives. hazardous materials in support of DOT posts these comments, without edit, including any personal information blasting operations and articulated cargo The final rule incorporates IME the commenter provides, to tanks that carry a single bulk blasting Standard 23 into the HMR and eliminates nine special permits. IME www.regulations.gov, as described in agent or oxidizer. Under this option, the system of records notice (DOT/ALL– PHMSA would incorporate IME Standard 23 is more comprehensive and has stricter standards than the nine 14 FDMS), which can be reviewed at Standard 23 into the HMR with special permits, and it may eliminate www.dot.gov/privacy. additional features. This rulemaking some duplicative functions covered by specifically adopts a combination of K. Executive Order 13609 and other industry standards. features, including incorporating by International Trade Analysis Direct Effects: The final rule will not reference (IBR) the Institute of Makers of Under E.O. 13609, agencies must increase and may decrease the Explosives’ (IME) Safety Library consider whether the impacts associated frequency or severity of motor carrier Publication No. 23 ‘‘Recommendations with significant variations between incidents involving bulk explosives, as for the Transportation of Explosives, domestic and international regulatory IME Standard 23 is more comprehensive approaches are unnecessary or may Division 1.5, Ammonium Nitrate and has stricter standards than the Emulsions, Division 5.1, Combustible impair the ability of American business existing special permits. PHMSA to export and compete internationally. Liquids, Class 3 and Corrosives, Class 8 assessment suggests that there are no in Bulk Packaging’’ (referred to as IME In meeting shared challenges involving adverse significant environmental health, safety, labor, security, Standard 23), and complying with impacts associated with the final rule. certain NHTSA requirements. The environmental, and other issues, Indirect Effects: The final rule will not international regulatory cooperation can requirements are more comprehensive increase and may decrease the and have stricter standards than the identify approaches that are at least as frequency or severity of motor carrier protective as those that are or would be nine special permits, and may eliminate incidents involving bulk explosive, and adopted in the absence of such some duplicative functions covered by thus will not have an adverse indirect cooperation. International regulatory other industry standards. While IME effect on the environment. PHMSA cooperation can also reduce, eliminate, Standard 23 may need to be re- assessment suggests that there are no or prevent unnecessary differences in evaluated and changed to keep pace adverse significant environmental regulatory requirements. with technological enhancements and impacts associated with the final rule. Similarly, the Trade Agreements Act other matters, IME will perform this and Cumulative Effects: The final rule will of 1979 (Public Law 96–39), as amended publish the revised standards free of not increase and may decrease the by the Uruguay Round Agreements Act charge. IME Standard 23 was developed frequency or severity of motor carrier (Public Law 103–465), prohibits Federal with input of IME members, incidents involving bulk explosives, as agencies from establishing any stakeholders, and PHMSA. There are IME Standard 23 is more comprehensive standards or engaging in related beneficial effects with the final action and has stricter standards than the activities that create unnecessary that are superior to those achieved by existing special permits. PHMSA obstacles to the foreign commerce of the the other alternatives, and these assessment suggests that there are no United States. For purposes of these environmental benefits (direct, indirect, adverse significant environmental requirements, Federal agencies may and cumulative) are discussed below. impacts associated with the final rule. participate in the establishment of

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international standards, so long as the any action by an agency (normally The Final Rule standards have a legitimate domestic published in the Federal Register) that objective, such as providing for safety, promulgates, or is expected to lead to In consideration of the foregoing, we and do not operate to exclude imports the promulgation of, a final rule or are amending title 49 CFR chapter I, that meet this objective. The statute also regulation (including a notice of subchapter C, as follows: requires consideration of international inquiry, advance NPRM, and NPRM) standards and, where appropriate, that that (1)(i) is a significant regulatory PART 171—GENERAL INFORMATION, they be the basis for U.S. standards. action under Executive Order 12866 or REGULATIONS, AND DEFINITIONS PHMSA participates in the any successor order and (ii) is likely to establishment of international standards have a significant adverse effect on the ■ 1. The authority citation for part 171 in order to protect the safety of the supply, distribution, or use of energy; or continues to read as follows: American public, and we have assessed (2) is designated by the Administrator of Authority: 49 U.S.C. 5101–5128, 44701; the effects of the final rule to ensure that the Office of Information and Regulatory Pub. L. 101–410 section 4 (28 U.S.C. 2461 it does not cause unnecessary obstacles Affairs as a significant energy action. note); Pub. L. 104–134, section 31001; 49 to foreign trade. Accordingly, this PHMSA has evaluated this action in CFR 1.81 and 1.97. rulemaking is consistent with E.O. accordance with Executive Order 13211. 13609 and PHMSA’s obligations under See the environmental assessment ■ 2. In § 171.7, paragraph (r)(2) is added the Trade Agreement Act, as amended. section for a more thorough discussion to read as follows: of environmental impacts and the L. National Technology Transfer and § 171.7 Reference material. supply, distribution, or use of energy. Advancement Act PHMSA has determined that this action * * * * * The National Technology Transfer will not have a significant adverse effect (r) * * * and Advancement Act of 1995 (15 on the supply, distribution, or use of (2) IME Standard 23, IME Safety U.S.C. 272 note) directs federal agencies energy. Consequently, PHMSA has Library Publication No. 23 (IME to use voluntary consensus standards in determined that this regulatory action is their regulatory activities unless doing not a ‘‘significant energy action’’ within Standard 23), Recommendations for the so would be inconsistent with the meaning of Executive Order 13211. Transportation of Explosives, Division applicable law or otherwise impractical. 1.5, Ammonium Nitrate Emulsions, Voluntary consensus standards are List of Subjects Division 5.1, Combustible Liquids, Class technical standards (e.g. specification of 49 CFR Part 171 3, and Corrosives, Class 8 in Bulk materials, test methods, or performance Packaging, October 2011, into Exports, Hazardous materials §§ 173.66(intro); 177.835(d). requirements) that are developed or transportation, Hazardous waste, adopted by voluntary consensus Imports, Incorporation by reference, * * * * * standard bodies. Reporting and recordkeeping PART 172—HAZARDOUS MATERIALS This final rule involves one technical requirements, Definitions and TABLE, SPECIAL PROVISIONS, standard: IME Standard 23, IME Safety abbreviations. Library Publication No. 23 (IME HAZARDOUS MATERIALS Standard 23), ‘‘SLP 23: 49 CFR Part 172 COMMUNICATIONS, EMERGENCY Recommendations for the Hazardous materials transportation, RESPONSE INFORMATION, TRAINING Transportation of Explosives Division Hazardous waste, Labeling, Markings, REQUIREMENTS, AND SECURITY 1.5, Ammonium Nitrate Emulsions Packaging and containers, Reporting PLANS Division 5.1, Combustible Liquids Class and recordkeeping requirements, 3, and Corrosives Class 8 in Bulk Security measures. ■ 3. The authority citation for part 172 Packagings,’’ October 2011 version. This continues to read as follows: consensus technical standard is listed in 49 CFR Part 173 Authority: 49 U.S.C. 5101–5128, 44701; 49 49 CFR 171.7. Hazardous materials transportation, CFR 1.81, 1.96 and 1.97. Incorporation by reference, Packaging M. Executive Order 13211 and containers, Radioactive materials, ■ 4. In § 172.101, the Hazardous Executive Order 13211 requires Reporting and recordkeeping Materials Table is amended by revising Federal agencies to prepare a Statement requirements, Uranium. the following entries to read as follows: of Energy Effects for any ‘‘significant energy action.’’ 66 FR 28355, May 22, 49 CFR Part 177 § 172.101 Purpose and use of hazardous 2001. Under the Executive Order, a Hazardous materials transportation, materials table. ‘‘significant energy action’’ is defined as Incorporation by reference. * * * * *

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(9) Quantity limitations (10) Vessel stowage aircraft/rail Passenger

(§ 173.* * *) (8) Packaging ABLE T Exceptions Non-bulk Bulk 150 ...... 203 ...... 241 ...... 60 L ...... 220 L ...... A 152 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... 25, 59, 60, 152 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... B ...... 25, 59, 60, None ...... 231 ...... 251 ...... Forbidden Forbidden D ...... 25, 59, 60, 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... A ATERIALS M Special provisions (§ 172.102) AZARDOUS TP1. IB8, IP3, T1, TP33. IB8, IP3, T1, TP33. IP16. A10, B2, IB2, T7, TP2. Label codes § 172.101—H PG tion Nos. Identifica- ******* ******* ******* ******* ******* ******* Hazard division class or Comb liq ... NA1993 .... III ...... None ...... 148, IB3, T1, T4, 1.1D ...... UN0042 .... II ...... 1.1D ...... 148 ...... None ...... 62 ...... None ...... Forbidden Forbidden 04 ...... 25 1.4S ...... UN0349 .... II ...... 1.4S ...... 101, 148, 382 ...... None ...... 62 ...... None ...... 25 kg ...... 100 kg ...... 01 ...... 25 5.1 ...... UN1942 .... III ...... 5.1 ...... 148, A1, A29, B120, 5.1 ...... UN2067 .... III ...... 5.1 ...... 52, 148, 150, B120, 1.5D ...... NA0331 .... II ...... 1.5D ...... 148 ...... None ...... 62 ...... None ...... F orbidden Forbidden 03 ...... 25, 19E 5.1 ...... UN2426 ...... 5.1 ...... 148, B5, T7 ...... None ...... None ...... 243 ...... Forbidden Forbidden D ...... 59, 60, 124 8 ...... UN2790 .... III ...... 8 ...... 148, IB3, T4, TP1 ..... 154 ...... 203 ...... 242 ...... 5 L ...... 60 L ...... A 5.1 ...... UN3375 .... II ...... 5.1 ...... 147, 148, 163, IB2, 8 ...... UN2790 .... II ...... 8 ...... 148, A3, A6, A7, Am- Am- or or without (hot con- materials Hazardous and proper descriptions shipping names n.o.s.. detonator . n.o.s. emulsion with not more than 0.2% combustible substances, includ- ing any organic substance cal- culated as carbon, to the exclusion of any other added substance . monium nitrate suspension based fertilizer. fuel oil mixture containing only prilled ammonium nitrate and fuel oil . liquid centrated solution) . with more than 10 percent and less than 50 percent acid, by mass . monium nitrate gel, intermediate for blasting explosives . not less than 50 percent but not more than 80 per- cent acid, by mass . Boosters, Ammonium nitrate Ammonium nitrate, Ammonium nitrate Ammonium nitrate, Acetic acid solution, Acetic acid solution, (1) (2) (10B) (3) (4) (5) (6) (10A) (9B) (9A) (7) (8C) (8B) (8A) Symbols D G ...... Combustible liquid, G ...... Articles, explosive, D ...... Ammonium nitrate-

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bidden Forbidden 04 ...... 25 ...... 201 ...... 243 ...... Forbidden 2.5 L ...... D ...... 56, 58, 138 154 ...... 203 ...... 241 ...... 5 L ...... 60 L ...... B ...... 26 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... B ...... 26 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... B ...... 40 None ...... 201 ...... 243 ...... 0.5 L ...... 2.5 L ...... B ...... 40 TP24. IB2, IP5, N34, T7, TP2, TP24. TP2, TP27. TP27. ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ...... II ...... 5.1 ...... 62, 127, 148, A2, IB2 152 ...... 202 ...... 242 ...... 1 L ...... 5 L ...... B ...... 56, 58, 138 5.1 ...... UN3219 .... II ...... 5.1 ...... 148, IB1, T4, TP1 ..... 152 ...... 202 ...... 242 ...... 1 L ...... 5 L ...... B ...... 46, 56, 58, 8 ...... UN1791 .... II ...... 8 ...... 148, A7, B2, B15, 1.1D ...... UN0241 ....1.5D ...... II ...... UN0332 .... 1.1D ...... II ...... 148 ...... 1.5D ...... None ...... 105, 106, 148 ...... 62 ...... None ...... None ...... 62 ...... F orbidden None ...... Forbidden Forbidden 04 Forbidden ...... 25, 19E 03 ...... 25, 19E 1.5D ...... UN0331 .... II ...... 1.5D ...... 105, 106, 148 ...... None ...... 62 ...... None ...... Forbidden Forbidden 03 ...... 25, 19E 1.1D ...... UN0081 .... II ...... 1.1D ...... 148 ...... None ...... 62 ...... None ...... F orbidden Forbidden 04 ...... 25, 19E, 1.4B ...... UN0361 .... II1.4S ...... 1.4B UN0500 ...... 103, 148 II ...... 1.1B ...... 63(f), 63(g) 1.4S UN0030 ...... 62 ....1.4B ...... 148, 347 II ...... None ...... UN0255 ...... 63(f), 63(g) 1.4S 1.1B ...... Forbidden ...... II 62 ...... UN0456 148 ...... 75 kg 1.4B None ...... II 63(f), 63(g) ...... 25 kg 103, 148 05 62 ...... 1.4S ...... 63(f), 63(g) 100 kg 25 None ...... 148, 347 ...... 62 ...... 01 F orbidden 63(f), 63(g) ...... None ...... 62 25 Forbidden ...... Forbidden None ...... 05 75 kg ...... 25 kg ...... 25 05 100 kg ...... 25 01 ...... 25 1.4S ...... UN0455 .... II ...... 1.4S ...... 148, 347 ...... 63(f), 63(g) 62 ...... None ...... 25 kg ...... 100 kg ...... 01 ...... 25 8 ...... UN3265 .... I ...... 8 ...... A6, B10, T14, TP2, 1.1D ...... UN0065 ....1.4D ...... II ...... UN0289 .... 1.1D ...... II ...... 102, 148 ...... 1.4D ...... 63(a) ...... 148 ...... 62 ...... None ...... None ...... 62 ...... For None ...... F orbidden 75 kg ...... 02 ...... 25 Agent Agent for blasting . aqueous solution, n.o.s. tions. type E or type E. blasting, Type E. type B or blasting, Type B. tric, type A. blies, non-electric, for blasting . for blasting . for blasting . for blasting . blies, non-electric, for blasting . ic, organic, n.o.s. flexible . flexible ...... III ...... 5.1 ...... IB2, T4, TP1 ...... 152 ...... 203 ...... 241 ...... 2.5 L ...... 30 L ...... B ...... 46, 56, 58, ...... III ...... 8 ...... IB3, N34, T4, TP2, ...... III ...... 8 ...... IB3, T7, TP1, TP28 .. 154 ...... 203 ...... 241 ...... 5 L ...... 60 L ...... A ...... 40 ...... II ...... 8 ...... 148, B2, IB2, T11, Hypochlorite solu- ...... III ...... 5.1 ...... 62, 127, 148, A2, IB2 152 ...... 203 ...... 241 ...... 2.5 L ...... 30 L ...... B ...... 56, 58, 138 Explosive, blasting, Explosive, blasting, Explosive, blasting, Detonators, non-elec- Explosive, blasting, Detonator assem- Detonators, electric, Detonators, electric, Detonators, electric, Detonator assem- Cord, detonating, Cord, detonating, G ...... Oxidizing liquid, n.o.s 5.1 ...... UN3139 .... I ...... 5.1 ...... 62, 127, A2, A6 ...... None .. G ...... Nitrites, inorganic, G ...... Corrosive liquid, acid-

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(9) Quantity limitations (10) Vessel stowage aircraft/rail Passenger (§ 173.* * *) (8) Packaging —Continued ABLE T Exceptions Non-bulk Bulk 152 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... B ...... 56, 58, 152 ...... 212 ...... 240 ...... 5 kg ...... 25 kg ...... B ...... 56, 58, ATERIALS M Special provisions (§ 172.102) TP33. TP33. AZARDOUS Label codes PG § 172.101—H tion Nos. Identifica- ******* ******* Hazard division class or materials Hazardous and proper descriptions shipping names ...... III ...... 5.1 ...... 62, 148, IB8, IP3, T1, ...... II ...... 5.1 ...... 62, IB8, IP2, IP4, T3, (1) (2) (10B) (3) (4) (5) (6) (10A) (9B) (9A) (7) (8C) (8B) (8A) Symbols G ...... Oxidizing solid, n.o.s. 5.1 ...... UN1479 .... I ...... 5.1 ...... 62, IB5, IP1 ...... None ...... 211 ...... 242 ...... 1 kg ...... 15 kg ...... D ...... 56, 58,

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* * * * * bulk packagings (i.e., a multipurpose Authority: 49 U.S.C. 5101–5128; sec. 112 ■ 5. In § 172.102(c)(1), special provision bulk truck (MBT) authorized to of Pub. L. 103–311, 108 Stat. 1673, 1676 148 is added to read as follows: transport the Class 1 (explosive) (1994); sec. 32509 of Pub. L. 112–141, 126 materials, Division 5.1 (oxidizing) Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97. § 172.102 Special provisions. materials, Class 8 (corrosive) materials, ■ * * * * * and Combustible Liquid, n.o.s., 9. In § 177.835, paragraph (a) is (c) * * * NA1993, III, as specified in IME revised and paragraph (d) is added to (1) * * * Standard 23 (also see § 177.835(d) of read as follows: 148. For domestic transportation, this this subchapter)). In addition, the § 177.835 Class 1 materials. entry directs to § 173.66 for: requirements in paragraph (a) of this a. The standards for transporting a section apply to: A new multipurpose * * * * * single bulk hazardous material for bulk truck constructed after April 19, (a) Engine stopped. No Class 1 blasting by cargo tank motor vehicles 2016; and a modified existing (explosive) materials may be loaded into (CTMV); and multipurpose bulk truck after April 19, b. The standards for CTMVs capable or on or be unloaded from any motor 2016 (see § 173.66(b) regarding the term of transporting multiple hazardous vehicle with the engine running, except modified). that the engine of a multipurpose bulk materials for blasting in bulk and non- (a) Federal Motor Vehicle Safety bulk packagings (i.e., a multipurpose truck (see paragraph (d) of this section) Standard (FMVSS). Multipurpose bulk and the engine of a cargo tank motor bulk truck (MBT)). trucks must be in compliance with the * * * * * vehicle transporting a single bulk FMVSS found in 49 CFR part 571, as hazardous material for blasting may be applicable. Furthermore, the PART 173—SHIPPERS—GENERAL used for the operation of the pumping multipurpose bulk truck manufacturer REQUIREMENTS FOR SHIPMENTS equipment of the vehicle during loading must maintain a certification record AND PACKAGINGS or unloading. ensuring the final manufacturing is in * * * * * ■ 6. The authority citation for part 173 compliance with the FMVSS, in continues to read as follows: accordance with the certification (d) Multipurpose bulk trucks. When requirements found in 49 CFR part 567. § 172.101 of this subchapter specifies Authority: 49 U.S.C. 5101–5128, 44701; 49 These certification records must be CFR 1.81, 1.96 and 1.97. that Class 1 (explosive) materials may be made available to DOT representatives transported in accordance with § 173.66 ■ 7. In Subpart C, § 173.66 is added to upon request. of this subchapter (per special provision read as follows: (b) Modified. The term modified 148 in § 172.102(c)(1)), these materials means any change to the original design § 173.66 Requirements for Bulk may be transported on the same vehicle and construction of a multipurpose bulk Packagings of Certain Explosives and with Division 5.1 (oxidizing) materials, truck (MBT) that affects its structural Oxidizers. or Class 8 (corrosive) materials, and/or When § 172.101 of this subchapter integrity or lading retention capability, (e.g. rechassising, etc.). Excluded from Combustible Liquid, n.o.s., NA1993 specifies that a hazardous material may only under the conditions and be transported in accordance with this this category are the following: (1) A change to the MBT equipment requirements set forth in IME Standard section (per special provision 148 in 23 (IBR, see § 171.7 of this subchapter) § 172.102(c)(1)), only the bulk such as lights, truck or tractor power train components, steering and brake and paragraph (g) of this section. In packagings specified for these materials addition, the segregation requirements in IME Standard 23 (IBR, see § 171.7 of systems, and suspension parts, and in § 177.848 do not apply. this subchapter) are authorized, subject changes to appurtenances, such as to the requirements of subparts A and B fender attachments, lighting brackets, * * * * * of this part and the special provisions in ladder brackets; and (2) Replacement of components such Issued in Washington, DC, on December Column 7 of the § 172.101 table. See as valves, vents, and fittings with a 14, 2015, under the authority delegated in 49 Section I of IME Standard 23 for the component of a similar design and of CFR 1.97. standards for transporting a single bulk the same size. Marie Therese Dominguez, hazardous material for blasting by cargo Administrator, Pipeline and Hazardous tank motor vehicles (CTMV), and PART 177—CARRIAGE BY PUBLIC Materials Safety Administration. Section II of IME Standard 23 for the HIGHWAY [FR Doc. 2015–31880 Filed 12–18–15; 8:45 am] standards for CTMVs capable of transporting multiple hazardous ■ 8. The authority citation for part 177 BILLING CODE 4910–60–P materials for blasting in bulk and non- continues to read as follows:

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Part III

The President

Proclamation 9382—Wright Brothers Day, 2015

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Federal Register Presidential Documents Vol. 80, No. 244

Monday, December 21, 2015

Title 3— Proclamation 9382 of December 16, 2015

The President Wright Brothers Day, 2015

By the President of the United States of America

A Proclamation The prospect of human flight captured the world’s imagination for centuries. From the ancient Greeks who marveled at the story of Icarus soaring through the sky, to Leonardo da Vinci who sketched designs of manned mechanical gliders, humanity’s unyielding push skyward speaks to our resolve to tran- scend limits and redefine what is possible. On December 17, 1903, two American brothers reached a milestone in this age-old pursuit by, after years of planning and research, successfully launching the world’s first flight of a powered airplane. On Wright Brothers Day, our Nation commemo- rates this achievement and celebrates the spirit of innovation that drives American inventors, entrepreneurs, and scientists by reaffirming our support for them in their goals to push the boundaries of human capability. Our country’s founding ideals of freedom of thought and expression are not only necessary for upholding the inherent dignity and respect of every individual, but they are also fundamental ingredients for fostering scientific discovery. These values compelled the Pilgrims to set out and seek new lives and prompted revolutionaries to forge a new Nation. The great thinkers and innovators that have always moved America forward have done so by challenging convention, sharing ideas, and reimagining the future through new inventions and beliefs. Before the 19th century, few thought human flight was an endeavor worth investigating. But in the decades leading up to the 20th century, a handful of devoted dreamers began conducting aeronautical research that eventually fell on the ears of two enthusiastic bicycle mechanics from Dayton, Ohio, who would push past what others deemed impossible and take to the sky, spark a new and lasting industry, and change the course of history. Wilbur and Orville Wright spent their childhood tinkering and building, their passions fueled by their mother, Susan, who shared these interests and had considerable mechanical skills. The brothers opened a bicycle shop, where they honed their understanding of the concepts of balance, control, aerodynamics, and lightweight yet sound structures—laying the foundation for their groundbreaking achievement. Years of meticulous observation, build- ing, and experimentation culminated on one frigid, windy morning on a sandy beach in Kitty Hawk, North Carolina, where the Wright brothers made their successful flight. The invention of the airplane not only contributed to our understanding of physics and engineering—it profoundly altered our world. People and goods began moving across the globe at an unprecedented pace, new indus- tries and fields of discovery sprang to life, and advances in aviation launched a new era of possibility in which our countrymen would walk on the moon just 66 years after that first 12 second flight. Today, American entrepreneurs and scientists are continuing the legacy of the Wright brothers by making new discoveries and pushing boundaries— from the furthest reaches of our universe to the greatest mysteries of the human brain. To keep our Nation on the forefront of breakthroughs that will define the future, we must continue investing in pioneering research,

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innovative startups, and programs that encourage science, technology, engi- neering, and math education for our daughters and sons. And we must keep fostering an atmosphere in our communities and classrooms where lifetime quests for knowledge are encouraged, where glimmers of curiosity are sparked, and where the next generation of explorers and inventors are celebrated. On Wright Brothers Day, let us recommit to cultivating the insatia- ble hunger for advancement that takes humanity to new frontiers, and let us stand with those who never stop challenging the limits of what we know to be possible. The Congress, by a joint resolution approved December 17, 1963, as amended (77 Stat. 402; 36 U.S.C. 143), has designated December 17 of each year as ‘‘Wright Brothers Day’’ and has authorized and requested the President to issue annually a proclamation inviting the people of the United States to observe that day with appropriate ceremonies and activities. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim December 17, 2015, as Wright Brothers Day. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of December, in the year of our Lord two thousand fifteen, and of the Independence of the United States of America the two hundred and fortieth.

[FR Doc. 2015–32245 Filed 12–18–15; 11:15 am] Billing code 3295–F6–P

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Reader Aids Federal Register Vol. 80, No. 244 Monday, December 21, 2015

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

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. 532...... 75590 Presidential Documents 2 CFR 533...... 75590 Executive orders and proclamations 741–6000 802...... 74965 534...... 75590 The United States Government Manual 741–6000 1201...... 78649 537...... 75590 5900...... 76355 Other Services 539...... 75590 3 CFR 540...... 75590 Electronic and on-line services (voice) 741–6020 541...... 75590 Privacy Act Compilation 741–6064 Proclamations: 544...... 75590 Public Laws Update Service (numbers, dates, etc.) 741–6043 9373...... 75781 548...... 75590 9374...... 75783 550...... 75590 9375...... 76197 ELECTRONIC RESEARCH 552...... 75590 9376...... 76199 555...... 75590 World Wide Web 9377...... 76353 557...... 75590 9378...... 76625 559...... 75590 Full text of the daily Federal Register, CFR and other publications 9379...... 76627 560...... 75590 is located at: www.fdsys.gov. 9380...... 77565 561...... 75590 Federal Register information and research tools, including Public 9381...... 78957 Proposed Rules: Inspection List, indexes, and Code of Federal Regulations are 9382...... 79457 50...... 78462 located at: www.ofr.gov. Executive Orders: 51...... 78462 13713...... 78117 71...... 78462 E-mail 13714...... 79225 76...... 78462 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Administrative Orders: 77...... 78462 an open e-mail service that provides subscribers with a digital Presidential 78...... 78462 form of the Federal Register Table of Contents. The digital form Determinations: 86...... 78462 of the Federal Register Table of Contents includes HTML and No. 2016-03 of 93...... 78462 PDF links to the full text of each document. November 18, 161...... 78462 2015 ...... 75921 To join or leave, go to http://listserv.access.gpo.gov and select No. 2016-04 of 10 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list December 2, 2015 ...... 77567 1...... 74974 (or change settings); then follow the instructions. Memorandums: 2...... 74974 PENS (Public Law Electronic Notification Service) is an e-mail Memorandum of 4...... 74974 service that notifies subscribers of recently enacted laws. December 2, 2015 ...... 76195 7...... 74974 9...... 74974 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5 CFR 11...... 74974 and select Join or leave the list (or change settings); then follow 337...... 75785 15...... 74974 the instructions. 531...... 76629 19...... 74974 FEDREGTOC-L and PENS are mailing lists only. We cannot 576...... 75785 20...... 74974 respond to specific inquiries. 792...... 75785 21...... 74974 Reference questions. Send questions and comments about the 831...... 75785 25...... 74974 Federal Register system to: [email protected] 842...... 75785 26...... 74974 30...... 74974 The Federal Register staff cannot interpret specific documents or 7 CFR 32...... 74974 regulations. 205...... 77231 37...... 74974 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 504...... 74966 40...... 74974 longer appears in the Federal Register. This information can be 761...... 74966 50...... 74974 found online at http://bookstore.gpo.gov/. 769...... 74966 51...... 74974 958...... 75787 52...... 74974 FEDERAL REGISTER PAGES AND DATE, DECEMBER 1400...... 78119 55...... 74974 Proposed Rules: 60...... 74974 74965–75418...... 1 78957–79230...... 18 205...... 78150 61...... 74974 75419–75630...... 2 79231–79458...... 21 930...... 78677 62...... 74974 75631–75784...... 3 983...... 77277 63...... 74974 75785–75920...... 4 1205...... 76873 70...... 74974 71...... 74974 75921–76200...... 7 8 CFR 76201–76354...... 8 72...... 74974 73...... 74974 76355–76628...... 9 100...... 75631 74...... 74974 76629–76854...... 10 9 CFR 76...... 74974 76855–77230...... 11 300...... 75590 81...... 74974 77231–77566...... 14 320...... 79231 95...... 74974 77567–78116...... 15 441...... 75590 100...... 74974 78117–78648...... 16 530...... 75590 110...... 74974 78649–78956...... 17 531...... 75590 140...... 74974

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150...... 74974 16 CFR 964...... 75931 37 CFR 170...... 74974 310...... 77519 965...... 75931 Proposed Rules: 171...... 74974 1251...... 78651 970...... 75931 1...... 79277 431...... 76355 982...... 75931 Proposed Rules: 11...... 78155 990...... 75931 Proposed Rules: Ch. II...... 76955, 77591 1000...... 75931 26...... 76394 433...... 75018 38 CFR 1003...... 75931 50...... 75009 1028...... 75020 17...... 74991 1006...... 75931 430...... 77589 1408...... 75639 41...... 74965 43...... 74965 12 CFR 17 CFR 25 CFR 201...... 78959 Proposed Rules: 169...... 79258 40 CFR 217...... 76374 1...... 78824 1...... 77575 26 CFR 225...... 75419 38...... 78824 7...... 77575 252...... 75419 40...... 78824 1 ...... 75946, 76205, 78971 9...... 75812 348...... 79250 170...... 78824 Proposed Rules: 24...... 77575 390...... 79250 1...... 75956 45...... 77575 603...... 78649 18 CFR 52 ...... 75636, 76211, 76219, 652...... 78650 35...... 76855 29 CFR 76222, 76225, 76230, 76232, 747...... 78650 806...... 76855 102...... 77236 76637, 76861, 76863, 76865, Proposed Rules: 1902...... 78977 77253, 77578, 78135, 78981, 30...... 78681 19 CFR 1903...... 78977 79261, 79266 249...... 75010 10...... 76629 1904...... 78977 60...... 75178 701...... 76748 1952...... 78977 63 ...... 75178, 75817, 76152 995...... 78689 21 CFR 1953...... 78977 80...... 77420 1201...... 78689 73...... 76859 1954...... 78977 81...... 76232, 76865 1268...... 78689 510...... 76384 1956...... 78977 180 ...... 75426 75430, 76388, 1282...... 79182 520...... 76384, 76387 4022...... 77569 76640, 77255, 77260, 78141, 4044...... 74986 78143, 78146, 79267 13 CFR 522...... 76384 524...... 76384 Proposed Rules: 241...... 77575 105...... 78967 556...... 78970 1635...... 75956 310...... 77575 120...... 78967 558 ...... 76384, 76387, 78970 721...... 75812 136...... 78967 1308...... 78657 30 CFR 761...... 77575 140...... 78967 250...... 75806 1800...... 77580, 77585 Proposed Rules: 22 CFR 925...... 78657 Proposed Rules: 127...... 78984 102...... 76630 7...... 77284 121...... 78130 31 CFR 9...... 77284 14 CFR Proposed Rules: 33...... 78131 52 ...... 75024, 75442, 75444, 1...... 78594 171...... 78704 34...... 77239 75706, 75845, 76257, 76258, 11...... 79255 76403, 76893, 78159, 79279 Proposed Rules: 21...... 78650 24 CFR 538...... 75957 62...... 76894 23...... 76379 4...... 75931 560...... 75957 63...... 75025 39 ...... 74982, 75788, 76201, 5...... 75931 605...... 76647 78...... 75024, 75706 76381, 79256 91...... 75791 82...... 78705 45...... 78594, 78650 92...... 75931 32 CFR 97 ...... 75024, 75706, 77591 47...... 78594 115...... 75931 141...... 76897 48...... 78594 88...... 76206 180...... 75442, 75449 125...... 75931 251...... 76631 71...... 77234, 78967 135...... 75931 91...... 78594 311...... 79258 42 CFR 200...... 75931 505...... 74987 97 ...... 75923, 75924, 75926, 433...... 75817 202...... 75931 roposed Rules: 75928 214...... 75931 375...... 78594 75...... 76881 44 CFR 236...... 75931 632...... 76889 Proposed Rules: 64...... 76391 242...... 75931 634...... 78989 39 ...... 75952, 76398, 76400, 248...... 75931 67...... 76644 76402, 76875, 76878, 77279, 266...... 75931 33 CFR 78699, 78702, 79274 401...... 75931 45 CFR 100...... 76206, 76860 71 ...... 77283, 78986, 78988 570...... 75931 95...... 75817 117 ...... 75636, 75811, 76637, 382...... 75953 573...... 75931 155...... 78131 76860, 77252, 78978, 79260, 574...... 75931 170...... 76868 15 CFR 79261 576...... 75931 Proposed Rules: 165 ...... 76206, 76209, 77570, 730...... 76383 578...... 75791,75931 144...... 75488 77573, 78979 734...... 76383 582...... 75931 146...... 75488 334...... 75947 736...... 76383 583...... 75931 147...... 75488 738...... 75633, 76629 700...... 75931 Proposed Rules: 153...... 75488 740...... 75633 761...... 75931 110...... 75020 154...... 75488 742...... 76383 880...... 75931 165...... 79010 155...... 75488 743...... 75633 881...... 75931 34 CFR 156...... 75488 744...... 76383 882...... 75931 158...... 75488 745...... 76383 883...... 75931 Proposed Rules: Ch. IX...... 79292 762...... 78651 884...... 75931 Ch. VI...... 79276 1330...... 79283 772...... 75633, 78651 886...... 75931 1604...... 75847 36 CFR 774...... 75633, 76629 891...... 75931 1609...... 75847 902...... 78969 902...... 75931 7...... 74988 1611...... 75847 922...... 74985, 77569 905...... 75931 Proposed Rules: 1614...... 75847 Proposed Rules: 943...... 75931 7...... 75022, 79013 1626...... 75847 701...... 75438 963...... 75931 230...... 76251 1635...... 75847

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47 CFR 1 ...... 75903, 75907, 75908, 177...... 79424 77264 1...... 75431 75915, 75918 238...... 76118 648...... 75008 64...... 79136 3...... 75911 385...... 78292 660...... 77267 73...... 75431 4...... 75903, 75913 386...... 78292 665...... 75437 9...... 75903 390...... 78292 Proposed Rules: 679 ...... 75843, 76249, 76250, 12...... 75903 391...... 79273 1...... 76649 77275, 78675 22 ...... 75907, 75908, 75915 395...... 78292 10...... 77289 Proposed Rules: 52 ...... 75903, 75907, 75908, 571...... 78664 11...... 77289 17...... 77598 75911, 75915 830...... 77586 12...... 78160 20...... 77088 1501...... 75948 20...... 75042, 76649 Proposed Rules: 23...... 79300 1502...... 75948 392...... 76649 27...... 76649 28...... 77200 1852...... 75843 571...... 78418 63...... 76923 672...... 75639 29...... 77200 64...... 79020 49 CFR Ch. X...... 77311 92...... 78950 73...... 76649 18...... 78649 223...... 76068 Ch. V...... 77592 19...... 78649 50 CFR 224...... 76068 171...... 79424 17...... 76235 648...... 77312 48 CFR 172...... 79424 622 ...... 75432, 77588, 78670 660...... 76924 Ch. I...... 75902, 75918 173...... 79424 635 ...... 74997, 74999, 75436, 679 ...... 76405, 76425, 78705

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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 December 18, 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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