Vol. 81 Wednesday, No. 129 July 6, 2016

Pages 43927–44206

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 17:28 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\06JYWS.LOC 06JYWS asabaliauskas on DSK3SPTVN1PROD with FRONTMATTER II Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Email [email protected] Federal Register the day before they are published, unless the Phone 202–741–6000 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Publishing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 81 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Sep 11 2014 17:28 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\06JYWS.LOC 06JYWS asabaliauskas on DSK3SPTVN1PROD with FRONTMATTER III

Contents Federal Register Vol. 81, No. 129

Wednesday, July 6, 2016

Agency for International Development NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 44035–44037 Advisory Committee on Voluntary Foreign Aid, 43986 Commerce Department Agriculture Department See International Trade Administration See Farm Service Agency See National Oceanic and Atmospheric Administration See Rural Business-Cooperative Service See Rural Housing Service Defense Department See Rural Utilities Service See Air Force Department NOTICES See Army Department Requests for Nominations: NOTICES Council for Native American Farming and Ranching; Re- Agency Information Collection Activities; Proposals, Establishment, 43986–43987 Submissions, and Approvals: Air Force Department Notification of Ownership Changes, 44023–44024 NOTICES Meetings: Exclusive Patent Licenses, 44008–44009 Federal Advisory Committee; Defense Business Board, 44010 Antitrust Division NOTICES Drug Enforcement Administration Membership Changes under the National Cooperative NOTICES Research and Production Act: Decisions and Orders: American Society of Mechanical Engineers, 44048–44049 Prianglam Brooks, N.P., 44049–44050 IMS Global Learning Consortium, Inc., 44048 National Advanced Mobility Consortium, Formerly Energy Department Robotics Technology Consortium, Inc., 44045–44047 See Federal Energy Regulatory Commission National Armaments Consortium, 44044–44045 PROPOSED RULES National Center for Manufacturing Sciences, Inc., 44047– Acquisition Regulations: 44048 Contractor Business Systems: Definition and National Spectrum Consortium, 44047 Administration, 43971–43972 Petroleum Environmental Research Forum Project No. NOTICES 2013–07, Stream Speciation Update, 44045 Agency Information Collection Activities; Proposals, Pistoia Alliance, Inc., 44048 Submissions, and Approvals, 44010–44011

Army Department Environmental Protection Agency NOTICES RULES Meetings: Standards of Performance for New Stationary Sources; CFR Army Science Board, 44009–44010 Correction, 43950 NOTICES Centers for Disease Control and Prevention Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Performance Evaluation Studies on Wastewater Submissions, and Approvals, 44024–44025 Laboratories, Renewal, 44017–44018 Final Publication: Meetings: National Institute for Occupational Safety and Health Great Lakes Advisory Board and Science and Information Quality Assurance Review of B Readers’ Subcommittee, 44019–44020 Classifications Submitted in the Department of Labor Proposed Consent Decrees under Clean Air Act, Citizen Black Lung Benefits Program, 44026–44027 Suit: Meetings: Appleton Coated, LLC (Appleton or Plaintiff), 44018– Advisory Committee to the Director; State, Tribal, Local 44019 and Territorial Subcommittee, 44025–44026 Registration Reviews: Board of Scientific Counselors, National Center for Injury Atrazine, Simazine, and Propazine; Draft Ecological Risk Prevention and Control; Teleconference, 44026 Assessments; Extension of Comment Period, 44018 Coast Guard RULES Farm Credit Administration Quarterly Listings: NOTICES Safety Zones, Security Zones, Special Local Regulations, Meetings; Sunshine Act, 44020 Drawbridge Operation Regulations and Regulated Navigation Areas, 43947–43950 Farm Service Agency Shipping; Technical, Organizational, and Conforming RULES Amendments, 43950–43955 Community Facility Loans, 43927–43937

VerDate Sep<11>2014 20:32 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\06JYCN.SGM 06JYCN asabaliauskas on DSK3SPTVN1PROD with FRONTMATTER IV Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Contents

Federal Aviation Administration Fiscal Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Prompt Payment Interest Rate; Contract Disputes Act, Submissions, and Approvals: 44088–44089 Flight Operational Quality Assurance Program, 44087– 44088 Fish and Wildlife Service Meetings: PROPOSED RULES Nineteenth SC–223 Plenary Meeting Calling; Internet Endangered and Threatened Wildlife and Plants: Protocol Suit, and AeroMACS, 44086–44087 12-Month Findings on Petitions to List the Eagle Lake Special Committee 216 Aeronautical Systems Security, Rainbow Trout and the Ichetucknee Siltsnail as 44084–44085 Endangered or Threatened, 43972–43979 Special Committee 224 Airport Security Access Control NOTICES Systems, 44087 Endangered and Threatened Wildlife and Plants: Special Committee 236 Standards for Wireless Avionics Greater Sage-Grouse Umbrella Candidate Conservation Intra-Communication System Within 4200–4400 Agreement with Assurances for Wyoming Ranch MHz, 44085 Management; Enhancement of Survival Permit Waivers of Aeronautical Land-Use Assurances, 44085– Applications, 44038–44039 44086 Environmental Assessments; Availability, etc.: Kilauea Point National Wildlife Refuge, Kaua’i County, Federal Communications Commission HI, 44037–44038 RULES Declaratory Ruling about Reimbursement of Pre-Auction Foreign Claims Settlement Commission Expenses, 43956 NOTICES Television Broadcasting Services: Meetings; Sunshine Act, 44050–44051 Tolleson, AZ, 43955–43956 General Services Administration Federal Deposit Insurance Corporation RULES NOTICES Acquisition Regulations: Receiverships; Terminations: Technical Amendments, 43956–43957 Williamsburg First National Bank, Kingstree, SC, 44020 NOTICES Agency Information Collection Activities; Proposals, Federal Energy Regulatory Commission Submissions, and Approvals: RULES Notification of Ownership Changes, 44023–44024 Civil Monetary Penalty Inflation Adjustments, 43937–43941 NOTICES Health and Human Services Department Combined Filings, 44011–44017 See Centers for Disease Control and Prevention Filings: See Indian Health Service North American Electric Reliability Corp.; Reliability See National Institutes of Health Standard for Transmission System Planned NOTICES Performance for Geomagnetic Disturbance Events, Opportunity to Co-Sponsor Office for Human Research 44014 Protections Educational Workshops, 44027–44028 Section 206 of the Federal Power Act: Opportunity to Co-Sponsor Office for Human Research Startrans, IO, LLC, 44011 Protections Research Community Forums, 44028–44030

Federal Highway Administration Homeland Security Department NOTICES See Coast Guard Final Federal Agency Actions: See U.S. Customs and Border Protection Interstate 66 Outside the Beltway Project, Fairfax and Prince William Counties, VA, 44088 Housing and Urban Development Department PROPOSED RULES Federal Motor Carrier Safety Administration Housing Choice Voucher Program: RULES New Administrative Fee Formula, 44100–44125 Driving of Commercial Motor Vehicles: Use of Seat Belts; Correction, 43957 Indian Affairs Bureau NOTICES Federal Reserve System Indian Gaming: NOTICES Oregon; Approval of Amendment to Tribal-State Class III Changes in Bank Control: Gaming Compact, 44039–44040 Acquisitions of Shares of a Bank or Bank Holding Company, 44021 Indian Health Service Formations of, Acquisitions by, and Mergers of Bank NOTICES Holding Companies, 44020 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Trade Commission Application for Participation in the IHS Scholarship NOTICES Program, 44030–44032 Consent Agreements: HeidelbergCement AG and Italcementi S.p.A.; Analysis to Interior Department Aid Public Comment, 44021–44023 See Fish and Wildlife Service

VerDate Sep<11>2014 20:32 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\06JYCN.SGM 06JYCN asabaliauskas on DSK3SPTVN1PROD with FRONTMATTER Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Contents V

See Indian Affairs Bureau Organizational Changes: See Land Management Bureau National Center for Advancing Translational Sciences, See National Indian Gaming Commission 44033 See Ocean Energy Management Bureau See Reclamation Bureau National Oceanic and Atmospheric Administration See Surface Mining Reclamation and Enforcement Office RULES Fisheries of the Northeastern United States; Atlantic Sea Internal Revenue Service Scallop Fishery: NOTICES Closure of the Mid-Atlantic Access Area to General Agency Information Collection Activities; Proposals, Category Individual Fishing Quota Scallop Vessels, Submissions, and Approvals, 44089–44094 43957–43958 Publication of Nonconventional Source Production Credit PROPOSED RULES Reference Price for Calendar Year 2015, 44091 Endangered and Threatened Species: Removal of Puget Sound/Georgia Basin Distinct International Trade Administration Population Segment of Canary Rockfish from the Federal List of Threatened and Endangered Species; NOTICES Designated Critical Habitat Removal; Yelloweye Antidumping or Countervailing Duty Investigations, Orders, Rockfish DPS, Bocaccio DPS; Amendment, 43979– or Reviews: 43985 Stilbenic Optical Brightening Agents from Taiwan, NOTICES 43991–43992 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 44006–44007 United States Manufacturing Council, 43992–43993 Environmental Impact Statements; Availability, etc.: Deepwater Horizon Oil Spill; Restoration Planning to Justice Department Provide and Enhance Recreational Use in Alabama, See Antitrust Division and to Conduct Scoping, 44007–44008 See Drug Enforcement Administration Takes of Marine Mammals Incidental to Specified See Foreign Claims Settlement Commission Activities: RULES San Francisco Ferry Terminal Expansion Project, South Department of Justice Debt Collection Regulations, 43942– Basin Improvements Project, 43993–44005 43947 NOTICES Nuclear Regulatory Commission Proposed Consent Decrees under the Clean Air Act, 44051– PROPOSED RULES 44052 Prompt Remediation of Residual Radioactivity During Operation, 43959–43961 Land Management Bureau NOTICES NOTICES Standard Review Plans: Meetings: Renewal of Specific Licenses and Certificates of Northeastern Great Basin Resource Advisory Council, NV, Compliance for Dry Storage of Spent Nuclear Fuel, 44040 44054–44055

National Aeronautics and Space Administration Ocean Energy Management Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Mid-Atlantic Regional Ocean Action Plan, 44040–44042 Submissions, and Approvals: Notification of Ownership Changes, 44023–44024 Personnel Management Office Intents to Grant Partially Exclusive Licenses, 44052–44053 NOTICES Agency Information Collection Activities; Proposals, National Archives and Records Administration Submissions, and Approvals: NOTICES Presidential Management Fellows Application, 44055– Records Schedules, 44053–44054 44056 Postal Regulatory Commission National Indian Gaming Commission NOTICES RULES New Postal Products, 44056 Civil Penalty Inflation Adjustments, 43941–43942 Postal Service National Institutes of Health PROPOSED RULES NOTICES Address Quality Census Measurement and Assessment Government-Owned Inventions; Availability for Licensing, Process, 43965–43971 44032, 44034 NOTICES Meetings: Meetings; Sunshine Act, 44056 Center for Scientific Review, 44033 National Institute of Allergy and Infectious Diseases, Presidential Documents 44032–44033 PROCLAMATIONS National Institute of Neurological Disorders and Stroke, Trade: 44035 World Trade Organization Declaration; Implementation of National Institute on Aging, 44034–44035 Expansion of Trade in Information Technology National Institute on Drug Abuse, 44034–44035 Products (Proc. 9466), 44127–44205

VerDate Sep<11>2014 20:32 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\06JYCN.SGM 06JYCN asabaliauskas on DSK3SPTVN1PROD with FRONTMATTER VI Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Contents

Reclamation Bureau See Federal Motor Carrier Safety Administration NOTICES NOTICES Meetings: Orders: Glen Canyon Dam Adaptive Management Work Group, Application of Public Charters, Inc. for Commuter 44042–44043 Authority, 44088

Rural Business-Cooperative Service Treasury Department RULES See Fiscal Service Community Facility Loans, 43927–43937 See Internal Revenue Service

Rural Housing Service U.S. Customs and Border Protection RULES PROPOSED RULES Community Facility Loans, 43927–43937 Definition of Importer Security Filing Importer, 43961– NOTICES 43965 Funding Availability: Loans to Re-lenders under the Community Facility Loan Veterans Affairs Department Program, 43987–43991 NOTICES Agency Information Collection Activities; Proposals, Rural Utilities Service Submissions, and Approvals: RULES Beneficiary Travel Mileage Reimbursement Application Community Facility Loans, 43927–43937 Form, 44097–44098 Securities and Exchange Commission Civilian Health and Medical Program of the Department NOTICES of Veterans Affairs Benefits; Application, Claim, Applications: Other Health Insurance and Potential Liability, Fidelity Commonwealth Trust, et al., 44063–44065 44096–44097 Meetings; Sunshine Act, 44078–44079, 44083 Complaint of Employment Discrimination; Information Self-Regulatory Organizations; Proposed Rule Changes: for Pre-Complaint Processing, 44095 Bats BYX Exchange, Inc., 44073–44075 Dependent’s Educational Assistance Election Letter, Bats BZX Exchange, Inc., 44076–44078 44095 Financial Industry Regulatory Authority, Inc., 44065– Request for Determination of Loan Guaranty Eligibility 44073 Unmarried Surviving Spouses, 44094 NASDAQ PHLX, LLC, 44079–44083 State Cemetery Data Sheet and Cemetery Grant NYSE Arca, Inc., 44056–44063 Document, 44097

State Department NOTICES Separate Parts In This Issue Meetings: Advisory Committee for the Study of Eastern Europe and Part II the Independent States of the Former Soviet Union, Housing and Urban Development Department, 44100–44125 44083–44084 Part III Surface Mining Reclamation and Enforcement Office Presidential Documents, 44127–44205 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44043–44044 Reader Aids Consult the Reader Aids section at the end of this issue for Surface Transportation Board phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Discontinuance of Service Exemptions: CSX Transportation, Inc., Boone County, WV, 44084 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Transportation Department listserv.access.gpo.gov and select Online mailing list See Federal Aviation Administration archives, FEDREGTOC-L, Join or leave the list (or change See Federal Highway Administration settings); then follow the instructions.

VerDate Sep<11>2014 20:32 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\06JYCN.SGM 06JYCN asabaliauskas on DSK3SPTVN1PROD with FRONTMATTER Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Contents VII

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: 9466...... 44129 7 CFR 1942 (4 documents) ...... 43927 10 CFR Proposed Rules: 20...... 43959 18 CFR 250...... 43937 385...... 43937 19 CFR Proposed Rules: 149...... 43961 24 CFR Proposed Rules: 982...... 44100 25 CFR 575...... 43941 28 CFR 11...... 43942 33 CFR 100...... 43947 117...... 43947 147...... 43947 165...... 43947 39 CFR Proposed Rules: 111...... 43965 40 CFR 60...... 43950 46 CFR 1...... 43950 10...... 43950 11...... 43950 12...... 43950 13...... 43950 15...... 43950 47 CFR Ch. I ...... 43956 73...... 43955 48 CFR 538...... 43956 552...... 43956 Proposed Rules: 915...... 43971 934...... 43971 942...... 43971 944...... 43971 945...... 43971 952...... 43971 49 CFR 392...... 43957 50 CFR 648...... 43957 Proposed Rules: 17...... 43972 223...... 43979 224...... 43979

VerDate Sep 11 2014 20:01 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\06JYLS.LOC 06JYLS sradovich on DSK3GDR082PROD with FRONT MATTER LS 43927

Rules and Regulations Federal Register Vol. 81, No. 129

Wednesday, July 6, 2016

This section of the FEDERAL REGISTER of Agriculture, STOP 0742, 1400 Agency will use the information to contains regulatory documents having general Independence Avenue SW., monitor portfolio performance on the re- applicability and legal effect, most of which Washington, DC 20250–0742. loans and to assess the risk to the are keyed to and codified in the Code of • Hand Delivery/Courier: Submit Agency on the re-lender’s portfolio of Federal Regulations, which is published under written comments via Federal Express re-loans. 50 titles pursuant to 44 U.S.C. 1510. Mail or another mail courier service Because this rule concerns a loan The Code of Federal Regulations is sold by requiring a street address to the Branch program, it is not subject to the the Superintendent of Documents. Prices of Chief, Regulations and Paperwork requirements of notice and comment new books are listed in the first FEDERAL Management Branch, U.S. Department rulemaking pursuant to 5 U.S.C REGISTER issue of each week. of Agriculture, 300 7th Street SW., 7th 552(a)(2); however, the Agency is very Floor, Suite 701, Washington, DC 20024. interested in receiving comments All written comments will be regarding the re-lender activities DEPARTMENT OF AGRICULTURE available for public inspection during authorized under this rule and their regular work hours at the 300 7th Street impacts on the ability of the Agency to Rural Housing Service SW., address listed above. make CF direct loan funds available, especially in areas of economic Rural Business-Cooperative Service FOR FURTHER INFORMATION CONTACT: Kristen Grifka, Rural Housing Service, development need. Therefore, this rule U.S. Department of Agriculture, 1400 is being promulgated as an interim rule Rural Utilities Service to provide interested parties and the Independence Avenue SW., public with the opportunity to provide Washington, DC 20250–3225; telephone: Farm Service Agency comments to the rule before it becomes (202) 720–1504. Email contact: final. 7 CFR Part 1942 [email protected]. The rule will be effective SUPPLEMENTARY INFORMATION: RIN 0575–AD05 immediately. The 30 day effective date policy is exempt for ‘‘good cause.’’ I. Executive Summary Community Facility Loans USDA has determined, consistent with A. Overview the APA that making these funds AGENCY: Rural Housing Service, Rural This rulemaking adds provisions to available through re-lenders is necessary Business-Cooperative Service, Rural the Community Facility (CF) Direct to provide CF funding to the hardest to Utilities Service, Farm Service Agency, Loan program that allow the Agency to reach and most needy areas this fiscal USDA. make direct loans to eligible lending year. The Agency intends to test the new program this year with available ACTION: Interim rule. institutions (referred to as ‘‘re-lenders’’) funds and implement a final rule based who then will re-loan the funds to SUMMARY: The Rural Housing Service on its findings. (RHS) is amending regulations on eligible applicants for eligible The Agency is soliciting comments on Community Facility Direct Loans to community facility projects. The this interim rule and will consider them enable the Agency to make loans to rulemaking identifies the types of in the final rule. The Agency is eligible lenders who would then in turn lending institutions that are eligible to particularly interested in whether the re-loan those funds to applicants for become re-lenders as described in an public believes the re-lender structure is projects that are eligible under the annual Notice that the Agency will the best way to reach more persistent Community Facilities Direct Loan publish in the Federal Register to and high poverty areas or whether there program. exercise this authority. The annual are alternate proposals. Notice will set out application DATES: Effective date: This interim rule procedures in more detail to B. Costs and Benefits is effective July 6, 2016. supplement the regulation The action is not expected to result in Comments due date: Written requirements. All applicants and significant costs to the public. Generally comments on this rule must be received projects must meet the eligibility speaking, the re-lenders will have a on or before September 6, 2016. The requirements found at 7 CFR part 1942, proven track record of successful comment period for information subpart A or any successor regulation. lending for community infrastructure collections under the Paperwork Re-lenders are responsible for all loan development in high poverty Reduction Act of 1995 continues origination and servicing. Re-lenders communities. Additionally, the Agency through September 6, 2016. must obtain Agency approval of will continue to perform its due ADDRESSES: You may submit comments applicant and project eligibility. The diligence in reviewing and determining to this rule by any of the following Agency will obligate aggregated funds to applicant and project eligibility for each methods: each approved eligible re-lender, but loan made by the re-lender. Therefore, • Federal eRulemaking Portal: http:// will disburse funds to such re-lenders loans will be made only to strong, www.regulations.gov. Follow the for eligible projects on a project-by- viable, mission driven lending instructions on Regulations.gov for project basis after making limited institutions for CF eligible projects. submitting comments. eligibility reviews. The re-lender is These risk mitigation strategies should • Mail: Submit written comments via responsible for providing the Agency provide protection to the mission and the U.S. Postal Service to the Branch with status and servicing reports on portfolio of the CF Direct Loan program. Chief, Regulations and Paperwork each re-loan according to its Re-lender The costs associated with these new Management Branch, U.S. Department Agreement with the Agency. The provisions will be incurred mainly by

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43928 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

the lending institutions who participate work together to achieve this goal: (1) rural communities are strong, viable and in the re-lending of CF direct loans. Re- Working with mission driven re-lenders, economically well off. lenders will incur costs associated with who already work in the targeted high Lastly, this provision will encourage the application process as well as poverty communities, to deploy CF loan greater leveraging of private and originating, processing, and servicing funds in those places, (2) providing philanthropic investments in rural loans to applicants. Re-lenders will also those re-lenders with additional capital community infrastructure. The re- incur costs associated with reporting to so they can increase their capacity to lenders have established relationships USDA. Applicants will work directly make investments in community with other private and philanthropic with re-lenders for processing and infrastructure projects, and (3) re- funders. Thus the addition of CF funds servicing loans. Applicants may incur lenders can leverage the CF funds they could unlock additional capital to additional upfront costs working with a receive with other private and support community infrastructure re-lender versus obtaining a loan philanthropic sources of funds in order development such as grant funding, as directly from the Agency. However, the to provide the right mix of affordable previously mentioned, to CF re-lenders. applicant will likely obtain other credit with the necessary technical These grant dollars will give community benefits working with a re-lender that assistance. lenders more flexibility and strength as may offset these costs in the long-term. First, the re-lenders have proven track they borrow from the USDA. This will The end result will be a more help the re-lenders: records of mission driven lending in • financially viable project providing an high poverty places. The aim of these Develop critically needed essential community facility or service institutions is to pull together capital to community facilities in America’s most to the community for years to come. meet a range of community needs as persistently poor rural communities that With the re-lending provision it is such they typically combine financial would not otherwise be feasible. • Strengthen community lenders with expected that re-lenders will leverage return with a social return. Further, the deep and lasting ties to the local market these Federal funds with other private history of working in the community and philanthropic funding so that so they can be enduring resources in and longstanding relationships means economically distressed areas. applicants do not incur additional costs. they have the ability to tap different By obtaining private sector support in • Take advantage of community re- resources and expertise, have boots on lenders’ development expertise and the form of grants or guarantees, a the ground and are already visible and community re-lender could reduce the knowledge of the local markets to working in these areas we want to reach. identify the best community facilities cost of structuring the transaction, The existing relationships between re- providing technical assistance to the investments. lenders and community leaders would • borrowers, and servicing the loan. Establish partnerships that enable facilitate and expedite project In addition, there may be instances government, private foundations and where the applicant incurs higher development that is supported by the mission investors to efficiently leverage financing costs. In instances where the community-at-large, resulting in the and effectively target funding to the borrower receives higher financing costs applicant benefitting from the improved neediest rural areas. than he/she would have received service/facility sooner than under If the Agency does not make this through a direct loan, the Agency traditional CF lending. Also because of change the CF Direct Loan program will believes that those costs may be the longstanding work in the continue operating as it currently does. outweighed by other benefits such as community the re-lenders traditionally In FY15, CF invested 70% of its direct the ability to receive funding more have technical resources/complimentary loan funds in facilities that serve high quickly and the projects may be able to programs available to assist applicants. poverty areas. However, there are still receive additional technical assistance. Examples: assist a local nonprofit write some rural places with high poverty There may also be instances where a re- a business plan for a daycare facility; areas and persistent poverty counties lender could use private grants to offer assist a local nonprofit with a capital that remain underserved. These a lower interest rate to the applicant. campaign; assist a local community communities need technical and For example, if the community lender with a strategic plan. Each of these financial support in order to develop an obtained a grant of $1 million paired ancillary services will likely result in a infrastructure project and secure with a loan from the CF program of $10 project that the re-lender can assist adequate and affordable financing and million, the grant could cover not only with. By relying on this network of re- ensure facilities are built and essential the re-lenders cost of doing business but lenders, the Agency will not only services are provided to some of the subsidize the interest rate to the increase the number of projects funded most vulnerable rural populations. This ultimate recipient even below the CF through the CF Direct Loan program change seeks to partner with re-lenders program market rate. The Agency is not overall it will also increase the number who are positioned to provide the able to estimate how often this would of projects funded in high poverty and technical assistance to help these occur though, if at all. persistently poor communities. communities develop and fund Most importantly, this provision Second, re-lenders often lack capital community infrastructure projects. provides re-lenders with capital that to support all of the much needed To better understand the nature of they currently lack thereby enhancing community infrastructure projects in the persistent poverty and to help the USDA their lending capacity so that they can communities they serve. This change determine the way to reach those areas, make loans to applicants that otherwise will enable a system of lenders who will Rural Development (RD) worked with a may go unserved, especially in places originate, structure, underwrite, and partner through a cooperative with high or persistent poverty. finance sustainable rural community agreement, to learn more about Ultimately, the benefit of the new infrastructure projects. By providing persistent poverty and increasing the provision is expected to be an increase these lenders with additional capital impact of RD dollars in these areas. in the number of projects that receive they will be able to grow, achieve Efforts included holding focus groups funds under the CF Direct Loan organizational capacity, and fund more with key stakeholders in persistent program, especially in communities that projects that will improve access to poverty counties and high poverty areas, have historically been economically health care, education and other critical and analyzing data. In total, five (5) underserved. There are three factors that services, which will help ensure that focus groups were convened with

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43929

numerous national and regional players People also need help envisioning a counties in the U.S. as ‘persistently in the community development positive future. poor.’ These chronically impoverished organizations (CDOs) field. The purpose • Outmigration—Many of the most communities have sustained poverty was to understand the needs that exist highly educated residents have a rates above 20 percent for more than 30 in areas of persistent poverty, what tendency to move away for better job years, and account for approximately 11 programs are successfully addressing opportunities. percent of all counties nationwide. these challenges, and how these • Poor Quality Education—It was While dispersed across the U.S., these stakeholders think RD could increase its universally agreed that the school communities are largely rural and impact and build on effective systems in these communities are not concentrated in Central Appalachia, the approaches. Four of the focus groups preparing students for a productive Deep South (largely in the Mississippi were held in the regions of concentrated future. Delta), the Texas-Mexico border persistent poverty including • Infrastructure—These regions have (Colonias), and American-Indian Appalachia, the Colonias, the sub-standard roads and require much- reservations. The social and economic Mississippi Delta, and in Indian needed infrastructure improvements challenges that have handicapped Country, and one was held with RD ranging from water systems to progress in these communities have a officials. broadband to make them more number of dimensions. In addition to the focus groups, a competitive. High-impact CDOs, distinct from Common Solutions: listening session with key national • banks, investment funds, and other players or CDOs was held in Value of Nonprofits—Areas of economic development organizations, Washington, DC on November 30, 2015 persistent poverty rely heavily on have a demonstrated track record of as well as various individual nonprofits and other mission-driven implementing the kinds of creative and conversations were also held with other institutions to meet their social and time-intensive activities that are high-performing CDOs and regional economic needs (capital access, loan necessary to create jobs, provide Federal Reserve Banks to gain their packaging services, etc.), but these affordable housing, build necessary perspectives as well. Several common organizations need more financial and infrastructure, and strengthen the themes emerged from the regional focus human capacity. financial security of millions of lower- • Technical Assistance—High groups. These themes included income Americans. The focus groups performing mentorships, training challenges persistent poverty regions revealed that the problems faced by opportunities, internships and other encounter and common solutions that these communities are complex and forms of information-sharing can boost have demonstrated success in these multi-layered. Essential community human capacity. regions, which include: • Multi-Sectoral Partnerships— facilities provide high poverty areas Common Challenges: with critical services through hospitals, • Everyone agreed that strategically Limited access to mainstream partnering with a variety of different schools, community centers, and fire financial products and services— organizations with similar overall and police stations. It is not uncommon Residents of all regions are often turned missions is always valuable. It builds for distressed areas to be some distance down for checking and savings capacity, and leverages different skill away from the nearest high quality accounts, or are found ineligible for sets and resources for greater impact. grocery store or health care facility, or loans or are extended loan instruments • Streamlining—When it comes to for school buildings to be in need of with unfavorable terms. implementing a program, applying for updating. Building hospitals, • Banking Deserts—They often have funding, or assisting residents, finding rehabilitating educational institutions, few if any traditional banking entities in ways to simplify the process as much as or providing space for other core social or near their communities. possible increases efficiency and and human services can enhance the • Insufficient Private Investment and effectiveness. quality and quantity of services needed Lack of Reinvestment—The financial • Strategic Planning—Programs are to address the social and economic institutions that do exist in these more likely to get funded and be strains faced by these counties. communities are often hesitant to successful in the long-term if the This rulemaking adds provisions to extend services to low-income clients, groundwork is carefully laid before the CF Direct Loan program that allows and there is a perception that much of building partnerships and seeking the Agency to make direct loans to re- the local money that is held at these funding. lenders who then re-loan the funds to banks is reinvested elsewhere. • Employing Locals—All regions eligible applicants for eligible projects. • Mission-Driven Banking and the were supportive of finding ways to The action will not change the Need for Scale—Credit unions and other incentivize businesses to hire locally for underlying provisions of the included non-traditional financing entities fill the community and infrastructure projects programs (e.g., eligibility, applications, gap created by inadequate private or business relocations and expansions. award decisions, scoring, and servicing investment, but these entities need more In persistent poverty communities provisions). The primary benefit equity and human capital to have more such as Appalachia, the Colonias, the associated with the new provisions is expansive impact. Mississippi Delta, and in Indian expected to be an increase in the • Scattered Geographies and Country, there is a rich and successful number of projects that receive funds Expensive Services—These regions are history of community development. under the CF Direct Loan program, largely rural, and residences and Poverty produces a multitude of social especially in persistent poverty counties services can be a great distance from one and economic stressors that compromise and high poverty areas in rural America. another. The further communities are the growth and health of affected The costs are minimal. Ultimately, this from utilities and other technologies, communities and their residents, approach provides an innovative public the more costly they are, if they are particularly those saddled with high private partnership that will enable the available at all. levels of disinvestment over prolonged Federal government to more effectively • Social Distress—Substance abuse periods of time. serve its rural constituents and and fragmented families are not The USDA’s Economic Research stakeholders and bolster rural uncommon in these communities. Service (ERS) has classified 353 community viability.

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43930 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

II. Discussion of Interim Rule strength, be a legal non-governmental procedures for loan origination and The following paragraphs discuss entity at the time of application (with servicing for all loans it makes. With regard to loan origination, each change being made to the CF Direct the exception of Tribal government however, the re-lender is responsible for Loan program regulations. entities); be a member of a national organization that provides training, presenting to the Agency each eligible A. General (§ 1942.1) technical assistance and credit CF direct loan application and any other The Agency is modifying this section evaluation of member organizations, documentation to demonstrate that both the applicant and the project meet the by including language in paragraph (a) agree to loan a majority of funds to eligibility requirements of the CF direct of the section indicating that 7 CFR part applicants whose projects are located in loan regulation. If necessary, the Agency 1942, subpart A, contains policies and or serve Persistent Poverty County(ies) may request the re-lender to submit procedures that allow the Agency to and High Poverty Area(s); and meet any additional information about the make CF direct loans to approved other criteria specified by the Agency in applicant or the project. The Agency eligible re-lenders who then in turn re- a Notice published in the Federal may identify in the applicable annual lend those funds to eligible applicants Register. Notice published in the Federal for eligible projects. The Agency is also 2. Applicant and project eligibility Register, any additional specific re-paragraphing § 1942.1(a) for clarity. (paragraph b). The purpose of this paragraph is to identify the types of information and documentation to be B. Re-Lending (§ 1942.30) applicants and the types of projects provided by the re-lender. After the loan to the re-lender is This new section contains the basic eligible to receive a CF direct loan made, the re-lender must submit reports policies and procedures associated with through an eligible re-lender. In brief, both the applicant and the project must to the Agency after any loan the Agency making loans to re-lenders disbursement as specified in the annual (i.e., those eligible lenders to whom the meet the eligibility requirements currently associated with receiving a CF Federal Register notice, certify that the Agency will make direct loans for applicant has met all planning, bidding, purposes of re-lending those funds to direct loan directly from the Agency. 3. Application submission contracting and construction eligible applicants for eligible projects). requirements as specified in the annual requirements (paragraph c) This Under these provisions, re-lenders will Federal Register notice, comply with paragraph outlines that in order to apply be responsible for all loan origination agency requirements concerning NEPA, for funds under this section, a Re-lender and servicing of re-lender loans, and for Civil Rights laws and other applicable must timely submit all items as repaying its loan to the Agency even if Federal, state, and local law, and obtain specified in the annual Federal Register the ultimate borrower(s) does not repay disbursement of loan funds within 5 notice. the re-lender. The Agency will obligate years. aggregated funds to approved eligible re- 4. Evaluation criteria (paragraph d). b. Agency. The basic responsibilities lenders for the purpose of making CF This paragraph outlines that an of the Agency are spelled out and cover loans, but will disburse loan funds to Agency will score and rank all eligible four basic areas: these re-lenders only on a project-by- and complete Re-lender applications i. Re-lender Eligibility. The Agency project basis. This structure will ensure based upon the evaluation factors set will evaluate the eligibility of the re- that only eligible applicants and out in the annual Federal Register lender based on documentation projects will receive Federal dollars and which will include, but not be limited submitted to meet the criteria outlined allow re-lenders to lock in low interest to: Lending experience and strength of in the annual Federal Register Notice. rates and reduce their interest costs with the re-lender, poverty and project ii. Applicant Eligibility. Re-lenders Agency loan disbursements over 5 service area, and Administrator’s will submit to the Agency for Agency years. discretionary points. review and approval only those 1. Re-lender eligibility (paragraph a). 5. Other Re-lender requirements applications that the re-lender has This paragraph identifies the conditions (paragraph e). This paragraph specifies determined meet the applicant and under which a lender would be eligible that, prior to receiving a direct loan project eligibility requirements of 7 CFR to be a re-lender for CF direct loans. Re- from the Agency, the re-lender must part 1942, subpart A and any additional lenders eligible for these loans must enter into a Re-lender’s agreement in requirements that may be outlined in an possess the legal authority necessary to accordance with the applicable Federal annual Notice published in the Federal make and service loans involving Register notice, execute a promissory Register. For each CF direct loan community infrastructure and note, provide an irrevocable letter of application presented by the re-lenders, development similar to the type of credit (or performance guarantee) the Agency will evaluate all information projects listed in 7 CFR 1942.17(d); meet acceptable to the Agency, provide provided by the re-lender to confirm the federal, state and local requirements in adequate security, and meet any other eligibility of both the applicant and the accordance with 7 CFR 1942.17(k); have loan conditions outlined in the annual project. Once the Agency concludes its a history of making loans to community Federal Register notice. evaluation, the Agency will notify the infrastructure projects located in or 4. Loan origination and servicing re-lender of its determination. serving persistent poverty counties or (paragraph f). This paragraph identifies Applicants and re-lenders have high poverty areas; provide adequate the basic responsibilities of both the re- administrative appeal or review rights collateral; provide a Letter of Intent; lender and the Agency for re-lending for Agency decisions made under this provide an irrevocable letter of credit (or loans. subpart. Programmatic decisions based performance guarantee) acceptable to a. Re-lenders. The re-lender is on clear and objective statutory or the Agency, prior to receiving loan responsible for all underwriting (loan regulatory requirements are not disbursements; demonstrate that they origination) and loan servicing of each appealable; however, such decisions are are regulated and supervised by a loan it makes under the re-lending reviewable for appealability by the Federal or State Banking regulatory provisions. For each loan a re-lender National Appeals Division (NAD). The agency that is subject to credit makes under the re-lending provisions, applicant and re-lender may appeal any examination or demonstrate they meet the Agency expects that each re-lender Agency decision that directly and outlined standards for required financial generally will use its own policies and adversely impacts them. For an adverse

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43931

decision that impacts the applicant, the Program under 10.766, Community suit in court challenging action taken re-lender and applicant must jointly Facilities Loans and Grants. under this rule unless those regulations execute a written request for appeal for specifically allow bringing suit at an Executive Order 12372— an alleged adverse decision made by the earlier time. Intergovernmental Review Agency. An adverse decision that only Environmental Impact Statement impacts the re-lender may be appealed This program is subject to the by the re-lender only. A decision by a provisions of Executive Order 12372, The document has been reviewed in re-lender adverse to the interest of the which requires intergovernmental accordance with 7 CFR part 1970, borrower or applicant is not a decision consultation with State and local ‘‘Environmental Policies and by the Agency, whether or not officials. The re-lender conducts Procedures.’’ The Agency has concurred in by the Agency. Appeals intergovernmental consultations on determined that this action does not will be conducted by USDA NAD and behalf of the Agency for individual constitute a major Federal action will be handled in accordance with 7 loans to borrowers in the manner significantly affecting the quality of the CFR part 11. delineated in 2 CFR part 415, subpart C human environment and, in accordance and at RD Instruction 1970 Subpart I— ii. Funding. For each re-lender the with the National Environmental Policy Intergovernmental Review. Note that not Agency determines to be eligible, the Act (NEPA) of 1969, 42 U.S.C. 4321 et all States have chosen to participate in Agency will obligate aggregated funds seq., an Environmental Impact the intergovernmental review process. A based on the re-lender’s application for Statement is not required. Individual list of participating States is available at funds and in compliance with loans will be subject to 7 CFR part 1970 the following Web site: http:// additional criteria, if any, published in for NEPA compliance. www.whitehouse.gov/omb/grants/ the annual Federal Register Notice. For spoc.html. Unfunded Mandates Reform Act each applicant/project that the Agency This rule contains no Federal determines eligible, the Agency will Executive Order 13175—Consultation mandates (under the regulatory disburse from the re-lender’s aggregated and Coordination With Indian Tribal provisions of Title II of the Unfunded loan funds the appropriate amount of Governments Mandates Reform Act of 1995) for State, funds to that re-lender for the approved This rule has been reviewed in local, and Tribal governments or the project. The Agency will require accordance with the requirements of private sector. Thus, this rule is not adequate security and compliance with Executive Order 13175, ‘‘Consultation subject to the requirements of sections all applicable National Environmental and Coordination with Indian Tribal 202 and 205 of the Unfunded Mandates Policy Act provisions prior to making Governments.’’ Executive Order (EO) Reform Act of 1995. any re-lender loan and disbursing any 13175 requires Federal agencies to loan funds. consult and coordinate with tribes on a Regulatory Flexibility Act The Agency will specify any terms government-to-government basis on The Regulatory Flexibility Act (5 and conditions associated with each policies that have tribal implications, U.S.C. 601–612), as amended by the loan from the Agency to a re-lender in including regulations, legislative Small Business Regulatory Enforcement the Re-lender’s Agreement. comments or proposed legislation, and Fairness Act of 1996 (SBREFA), iii. Monitoring. The Agency expects other policy statements or actions that generally requires an agency to prepare each re-lender to service each loan it have substantial direct effects on one or a regulatory flexibility analysis of any makes under these provisions as it more Indian tribes, on the relationship rule whenever an agency is required by would any other loan it makes. between the Federal Government and the Administrative Procedure Act (5 Nevertheless, the Agency will require Indian tribes or on the distribution of U.S.C. 553) or any other law to publish the re-lender to submit reports, as will power and responsibilities between the a proposed rule, unless the agency be specified in the Re-lender’s Federal Government and Indian tribes. certifies that the rule will not have a agreement that enable the Agency to The Agency has assessed the impact significant economic impact on a evaluate the status of the loans made of this rule on Indian tribes and substantial number of small entities. under these re-lending provisions. The determined that this rule does not, to None of the borrowers under the Agency may suspend further our knowledge, have tribal implications Community Facility Loan program are disbursements and pursue any other that require tribal consultation under small businesses. Thus, this rule will available and appropriate remedies, if EO 13175. If a Tribe requests not have a significant impact on a any of the ultimate loans become consultation, the Agency will work with substantial number of small businesses. troubled, delinquent or otherwise in the USDA’s Office of Tribal Relations to Executive Order 13132—Federalism default status. ensure meaningful consultation is provided where changes, additions and The policies contained in this rule do III. Regulatory Information modifications identified herein are not not have any substantial direct effect on Executive Order 12866—Classification expressly mandated by Congress. states, on the relationship between the National Government and the states, or Executive Order 12988—Civil Justice This interim rule has been reviewed on the distribution of power and Reform under Executive Order (EO) 12866 and responsibilities among the various has been determined significant by the This rule has been reviewed under levels of government. Nor does this rule Office of Management and Budget Executive Order 12988, Civil Justice impose substantial direct compliance (OMB) designated this rule as Reform. In accordance with this rule: (1) costs on state and local governments. significant under Executive Order 12866 All State and local laws and regulations Therefore, consultation with states is and, therefore, OMB has reviewed this that are in conflict with this rule will be not required. interim rule. preempted; (2) no retroactive effect will E-Government Act Compliance Catalog of Federal Domestic Assistance be given to this rule; and (3) administrative proceedings of the The Agency is committed to The affected programs are listed in the National Appeals Division (7 CFR part complying with the E-Government Act, Catalog of Federal Domestic Assistance 11) must be exhausted before bringing to promote the use of the Internet and

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43932 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

other information technologies to lenders. Information collected from the referred to as a ‘‘Letter of Intent’’) is to provide increased opportunities for re-lender is necessary to determine re- insure Rural Development that the re- citizen access to Government lender eligibility which includes legal lender is creditworthy for the amount of information and services, and for other authority, compliance with federal, financial assistance requested. purposes. state, and local requirements, • Documentation Regulated and experience, and financial strength. Supervised by a Federal or State Paperwork Reduction Act Upon OMB approval, this collection Banking Regulatory Agency, Subject to In accordance with the Paperwork package and burden will be merged into Credit Examination, Not on a Watch Reduction Act of 1995, the Agency is the existing Community Facility Loans List, and No Regulatory Actions now seeking the Office of Management burden package—OMB No. 0575–0015. Outstanding: We estimate and Budget (OMB) approval of the The information will be collected by approximately 45% of re-lenders will reporting and recordkeeping the RD national office and field offices provide this documentation for requirements contained in this rule. from re-lenders. This information is eligibility. The documentation insures With the permission of OMB, the used to determine re-lender eligibility to Rural Development that the re-lender Agency will be temporarily using these participate in the Community Facilities has the requisite capital, asset quality, forms and recordkeeping requirements program, to document that re-lenders management, earnings, liquidity, and while seeking comments on the have adequate security to protect the sensitivity to market risk to operate a information collection. financial interest of the Government and federally financed loan fund. Title: Community Facility Loans. to provide on-going reporting data to • Documentation of strong Financial OMB Number: 0575—new. ascertain re-lenders operate on a sound Strength and Performance rating: We Type of Request: New collection. basis including adhering to civil rights estimate approximately 20% of re- Abstract: This is a new information requirements. lenders will provide this documentation collection. This information is vital to To participate in the CF re-lender for eligibility. The assessment, the Agency to make wise decisions provision, re-lenders must make conducted by an independent third regarding the eligibility of certain application to RD, provide financial party, evaluates overall creditworthiness qualified lenders to be ‘‘re-lenders’’ information, certifications and other based on an analysis of past financial under the Community Facility Loan documentation to support their performance, current financial strength, program to ensure that funds obtained eligibility and priority to receive and apparent risk factors. The from the Government are used funding. Documents or documentation documentation insures Rural appropriately. This collection of in this category include the following: Development that the re-lender has the information is necessary in order to Reporting Requirements—Non Forms: • requisite capital, asset quality, implement the re-lender provisions of Documentation of Legal Powers: management, earnings, liquidity, and the modified Community Facility Loan Only re-lenders with legal authority to sensitivity to market risk to operate a program. make and service loans involving federally financed loan fund. The following estimates are based on community infrastructure and • Documentation of being a the average over the first three years the development will be eligible. financially sound institution: We re-lender provisions are in place. Documentation may come in the form of estimate approximately 35% of re- Estimate of Burden: Public reporting a legal opinion or a copy of the re- lenders will need to undergo an burden for this collection of information lenders organizational documents. • assessment by Rural Development to is estimated to average 67 hours per Certification of compliance with assess their capital adequacy, adequate response. This submission is for 20 federal, state and local requirements: liquidity, management capabilities, respondents with 790 responses and Re-lenders responsible for administering repayment ability, credit worthiness, 1,462 burden hours. Rural Development a loan fund need to understand and be balance sheet equity & other financial estimates 20 re-lender applications, 10 in compliance with laws impacting their factors. To conduct the assessment, re-lenders approved for funding and 50 operations and the operations of the Rural Development requires the applicant loans among the 10 re-lenders clients they serve. Examples include following documentation: on an annual basis. The estimated local building requirements, state laws A. 3 years audited financial number of total man-hours on an annual regarding certificates of need for health statements. basis is 1,462 for a total cost of $121,346 care facilities, Equal Credit Opportunity B. Interim financial statements as of ($83 × 1,462). The cost of the regulations Act, and environmental compliance. most recent quarter end. • as a burden to the public was computed Documentation of Serving C. Auditor’s most recent management on the basis of $83.00 per hour. This is Persistent Poverty County(ies) or High letter and management’s response. the wage class most comparable to what Poverty Areas: Re-lenders are required D. Operating Budget versus Actual for eligible nonprofit employee to provide documentation of their last completed fiscal year and most compensation would be to process the current portfolio or experience recent quarter-end. information requested. This is the same providing loans in Persistent Poverty E. Schedule of outstanding debt wage class used in the Intermediary County(ies) or High Poverty Area(s) to (name of creditor, balance, origination Relending Program which has a similar determine eligibility and priority. This and maturity dates, note rate, type of re-lender (0570–0021 dated documentation is also used in the collateralization), and attach covenants. February 2016). evaluation factors and does not need to F. Schedule of 5 largest sources of Respondents: Lending institutions. be duplicated. grant funding over each of the last 3 Estimated Number of Respondents: • Documentation from a Financial fiscal years (including grantor name, 20. Institution that an Irrevocable Letter of amount granted, description of Estimated Number of Responses: 790. Credit (or a performance guarantee) allowable uses or any restrictions). Estimated Total Annual Burden on acceptable to the Agency will be issued G. Schedule of 5 largest investors over Respondents: 1,462. if re-lender is approved for funding: Re- each of the last 3 fiscal years (including Rural Development is amending its lenders will provide this documentation investor name, total investment, form of CF Direct Loan regulation to enable the at the time of application for eligibility. investment, description of allowable Agency to make loans to qualified re- The purpose of this documentation (also uses or any restrictions).

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43933

H. Schedule of any other funding target markets and performs training • Loan Origination and Servicing— sources, including off-balance sheet and technical assistance as part of that applicant eligibility: Applicants will financing, for the last completed fiscal mission: This documentation is used to apply directly to re-lenders for financial year and most recent quarter-end. determine re-lender eligibility. The assistance. Re-lenders will be I. List and description of any purpose of the information is to provide responsible for insuring applicants and contingent liabilities. Rural Development with assurances of the applicant’s projects are eligible J. Schedule of loans receivable the re-lender’s basic credentials and under 7 CFR 1942 Subpart A, (including borrower, loan type, professional standing in their industry Community Facilities Loan program and description of collateral, original and and that their mission is aligned with underwriting the loans for financial maturity dates, note rate, current status the goals of the re-lending provision. feasibility. Applicants applying to re- e.g. delinquency or nonaccrual). • Certification to loan a majority of lenders will meet the same application K. Schedule of loans restructured and funds to applicants whose projects are requirements as applicant’s applying to modified in each of the last 3 fiscal located in or serve Persistent Poverty Rural Development including all years and most recent YTD (including County(ies) or High Poverty Area(s): environmental review requirements of 7 borrower, pre and post-mod loan terms, This certification for eligibility will CFR 1970. No additional burden by and current payment status). provide to Rural Development the re- Rural Development will be placed on L. Schedule of loans charged off in lender’s commitment to providing the applicant. Re-lenders will pass each of the last 3 fiscal years and most economic benefit in areas of greatest through to Rural Development certain recent YTD, with any recoveries need in rural America. Rural applicant documents to obtain Rural realized. Development will review the re-lender’s Development concurrence in applicant M. Any external loan reviews loan disbursements to determine that eligibility, project eligibility and eligible performed over the last 3 years. rural area. this eligibility criteria is met. • N. Bylaws. • RD Instruction 1970–A, Exhibit H, Loan Origination and Servicing— O. Credit policies and procedures ‘‘Multi-tier Action Environmental reporting: Rural Development will (loan underwriting, servicing, portfolio Compliance Agreement’’: This monitor the re-lender’s portfolio on a management). agreement is signed by the re-lender quarterly and annual basis to insure the P. Loan risk grading and assessment (primary recipient of the loan funds) re-lender remains a financially sound system. before Rural Development moves institution in compliance with its Re- Q. Enterprise risk management forward with obligation of the initial lender’s Agreement. Reporting Requirements—Forms: policies and procedures. aggregated funds. The agreement R. Disaster recovery plan. • RD 1942–46, ‘‘Letter of Intent to stipulates the re-lender’s environmental S. Accounting policies (including loss Meet Conditions’’ (OMB Control No. compliance requirements for applicant reserve policies). 0575–0015: The re-lender completes this loans. T. Staff organizational chart, • form to indicate the intent to meet the including names and titles for senior Documentation of Assistance conditions of the loan closing(s). This staff. Provided to Rural Development information is necessary for Rural U. Organizational chart showing Employees (written): Re-lenders must Development to continue further relationships to any parents, identify and report any known processing of the loan application. subsidiaries, or affiliates. relationship or association with an RD • RD 1942–55 ‘‘Re-lender’s V. Management Team resumes. employee such as close personal Agreement’’: This agreement is W. Succession plans for key association, immediate family, close necessary to insure the re-lender is leadership and staff. relatives, or business associates. This informed about its responsibilities and X. Board roster, with affiliations. includes any assistance provided to agrees to comply. The agreement covers Y. Board meeting minutes for past employees. among other things the following • year. Documentation of each evaluation information: loan terms; disbursement Z. Board meeting packets for last year. factor (written): Re-lender applications procedures; responsibilities related to AA. Most recent strategic plan. will be prioritized for funding based on compliance with 7 CFR 1942, Subpart A BB. Most recent annual report. years of loan fund experience, lending with respect to eligible applicants and CC. Description of programs, financial history in Persistent Poverty County(ies) projects, Civil Rights, environmental, and non-financial products and or Poverty Areas, and discretionary security, planning, bidding, contracting, services. points for geographic distribution, construction and servicing; collateral, • Documentation of Legal, Non- emergency conditions, and natural insurance and reporting requirements; governmental Status (except for Tribal disasters. and default provisions. governments): Only non-governmental • Workers Compensation Insurance, • RD 1942–56, ‘‘Promissory Note’’: organizations (except for Tribal if applicable: This form of insurance is This document is executed by the re- governments) will be eligible to normal in any organization and Rural lender as evidence of its indebtedness to participate as a re-lender. Development requires it to be available Rural Development. Documentation may come in the form of at the time of application. However, • RD 1942–57, ‘‘Loan Resolution a legal opinion or a copy of the re- insurance requirements will not Security Agreement’’: This document is lenders organizational documents. This normally exceed those proposed by the executed by the re-lender to attest to its documentation is also used to determine re-lender. legal authority as an organization to legal powers and does not need to be • Irrevocable Letter of Credit: This enter into the specific loan transaction, duplicated. document (or a performance guarantee) and provides for the pledging of certain • Documentation of Membership in a acceptable to the Agency serves as assets to secure Rural Development’s National Organization that provides security for the loan between the re- loan to the re-lender. training, technical assistance and credit lender and Rural Development and will • RD 440–11, ‘‘Estimate of Funds evaluation or certified by a Government be required by all re-lenders prior to needed for 30-day Period Commencing’’ agency as having a primary mission of loan disbursement. This document is (OMB Control No. 0575–0015): This promoting development in low-income issued by a financial institution. form is a request used by the re-lender

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43934 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

to indicate the amount of funds required also provides Rural Development corrective steps before the problems for a 30-day period. It is concurred in information on matching funds. become serious. by Rural Development as to the • SF 424B, ‘‘Assurances—Non- • Financial Strength and reasonableness of the amount. Construction Programs (OMB Control Performance Rating: Re-lenders will • RD 440–24, Position Fidelity No. 4040–0007): Re-lenders read and provide Rural Development with their Schedule Bond Declarations of other sign this form to indicate the most recent Financial Strength and evidence of coverage (OMB Control No. organization’s intent to comply with the Performance Rating, not more than 3 0575–0015: This form may be used by laws, regulations, and policies to which years old, as conducted by an organizations (where permitted by state a loan is subject. independent third party. The law) to provide fidelity bond coverage • AD 3030, ‘‘Representations assessment includes overall for certain officials entrusted with Regarding Felony Convictions and Tax creditworthiness based on an analysis of funds. It is required at application and Delinquency Status for Corporate past financial performance, current thereafter annually as a reporting Applicants’’ and AD 3031, ‘‘Assurances financial strength, and apparent risk requirement. factors. The documentation insures • Regarding Felony Convictions and Tax RD 442–7, ‘‘Operating Budget’’ Delinquency Status for Corporate Rural Development that the re-lender (OMB Control No. 0575–0015): The form Applicants’’ (OMB Control No. 0505– continues to have the requisite capital, is used by the re-lender to project 0025): Completed by the re-lender once asset quality, management, earnings, income and expense items and a at the time of application. These two liquidity, and sensitivity to market risk complete cash flow through the first full forms are required by Public Law 114– to operate a federally financed loan year of the loan proceeds. These 113. fund. projections are necessary in determining • SF LLL, ‘‘Certification of Non- • Certification Re-lender and the source and reliability of the Lobbying Activities or Disclosure of Borrower have met requirements of 7 projected income and the adequacy of Lobbying Activities’’ (OMB Control No. CFR 3575.42 and 7 CFR 3575.43: Re- resources to repay the loan in a timely 4040–0013): Re-lenders who are lenders are required to inform manner. awarded loans over $100,000 and/or Borrowers of their responsibility for • RD 400–1, ‘‘Equal Opportunity planning, bidding, contracting and Agreement’’ (OMB Control No. 0575– lobby are required to complete this construction and certify at the end of 0018): The form is completed by the re- form. • construction that all funds were utilized lender when construction work is SF 3881, ACH Vendor/ Miscellaneous Payment Enrollment for authorized purposes. subject to the provisions of the Civil • Rights compliance requirements that Form (OMB Control No. 1510–0056): Civil Rights data: Re-lenders are contractors cannot discriminate against The re-lender and its financial required to comply with Title VI of the any employee or applicant for institution will complete this form and Civil Rights Act of 1964. They will employment because of race, color, provide it to Rural Development. The collect and maintain data on Applicants religion, sex, or national origin. information contained in the form will by race, sex, and national origin, and • RD 400–4, ‘‘Assurance Agreement’’ be used to establish an electronic ensure that Applicants also collect and (OMB Control No. 0575–0018): The transfer of loan funds to the re-lender. maintain the same data on beneficiaries. form is completed by the re-lender and Recordkeeping Requirements: Rural Development will use the • used to confirm that recipients of Rural Quarterly Financial Statements: Re- information to conduct a compliance Development loans have been reminded lenders will be required to submit review once every three years. • of their obligation to comply with all financial statements quarterly to Rural Documentation of providing funds provisions of the Civil Rights Act of Development. Rural Development will to Persistent Poverty County(ies) and 1964 and regulations of Rural use the information to monitor the High Poverty Area(s): Re-lenders will Development. credit worthiness and paying capacity of provide this documentation to meet the • AD–1047, ‘‘Certification Regarding the re-lender. Financial statements will additional terms specified in the annual Debarment, Suspension & Other include a verification by an official of Notice so Rural Development can Responsibility Matters—Primary the re-lender’s organization. monitor the re-lender’s agreement to Covered Transactions (OMB Control No. • Quarterly report of re-lent loans: loan a majority of funds to applicants 0505–0027): USDA regulations Re-lenders will provide a report that whose projects are located in these published at 2 CFR parts 180 and 417 includes the following: Borrower name, areas. Documentation is accessible to implement the government-wide outstanding principal and interest the re-lender at public Web sites debarment and suspension system for balance, status, amount and due date of identified by Rural Development in the USDA’s non procurement transactions. the next installment due, and servicing annual Notice. Applicants and re-lenders are required actions conducted for any delinquent Information needed is specific to each to provide certification under these loan. Rural Development will use the re-lender. The Agency has many regulations. Form AD–1047 may be used information to monitor the current requirements that involve certifications to obtain the required certification. credit worthiness and paying capacity of from the re-lender as well as other • SF 424, ‘‘Application for Federal the borrowers and to insure that re- parties involved. The Agency could not Assistance’’ (OMB Control No. 4040– lenders are adequately servicing the comply with legislative mandates 0004): Re-lenders use this form to apply loan accounts in compliance with the without these certifications. All of the under the re-lending provision. This is Re-lender’s Agreement. public use forms have been automated a common form, and as such, the • Annual Audit: Annual audits are and put on the internet to comply with numbers have been accounted for required from all re-lenders. The audits the Government Paperwork Elimination through the Request for Common Forms. help Rural Development determine if Act; however, at this time, the Agency • SF 424A, ‘‘Budget Information— the operations are sound and the is not collecting any of this information Non-Construction Programs (OMB intended services are being provided to through an electronic application Control No. 4040–0006): Re-lenders use the public. Often Rural Development system. Based on the eGov initiative, all this form to project costs and expenses can use the audits to predict developing efforts will be made to comply with the for the re-lending provision. The form financial problems and suggest migration of federal forms into web-

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43935

based fillable format consistent with the Additionally, program information may For the reasons stated in the Agency’s timeline. be made available in languages other preamble, Chapter XVIII, Title 7 of the The Agency has reviewed all loan than English. Code of Federal Regulations is amended programs it administers to determine To file a program discrimination as follows: which programs may be similar in complaint, complete the USDA Program intent and purpose. The Agency has Discrimination Complaint Form, AD– PART 1942—ASSOCIATIONS other programs that are similar. If there 3027, found online at http:// ■ 1. The authority citation for part 1942 were simultaneous participation in www.ascr.usda.gov/complaint_filing_ continues to read as follows: more than one Agency’s programs, the cust.html and at any USDA office or Agency would make every effort to write a letter addressed to USDA and Authority: 5 U.S.C. 301; 7 U.S.C. 1989. accommodate the requests within the provide in the letter all of the same set of applications and processing information requested in the form. To Subpart A—Community Facility Loans forms. This effort is presently facilitated request a copy of the complaint form, ■ by assignment of management of these 2. Amend § 1942.1 by revising call (866) 632–9992. Submit your paragraph (a) to read as follows: programs to the same program area of completed form or letter to USDA by: responsibility. If a re-lender is applying (1) Mail: U.S. Department of § 1942.1 General. for or receiving a loan from another Agriculture, Office of the Assistant (a) This subpart outlines the policies Federal agency, forms and documents Secretary for Civil Rights, 1400 and procedures for making and furnished by the other agency would be Independence Avenue SW., processing direct loans for Community utilized to the extent possible. Washington, DC 20250–9410; Information to be collected is in a Facilities except fire and rescue and (2) Fax: (202) 690–7442; or format designed to minimize the other small essential community facility paperwork burden on small businesses (3) Email: [email protected]. loans and water and waste disposal and other small entities. The USDA is an equal opportunity facilities. This subpart applies to information collected is the minimum provider, employer, and lender. Community Facilities loans for fire and rescue and other small essential needed by the Agency to approve loans Invitation To Comment and monitor re-lender performance. community facility loans only as The information collected under this The Agency is interested in receiving specifically provided for in subpart C of program is considered to be the comments on all aspects of the interim this part. Water and waste loans are minimum necessary to conform to the rule. Thus, the Agency encourages provided for in part 1780 of this title. requirements of the program regulations interested persons and organizations to (1) The policies and procedures in established by law. Information is submit written comments, which may this subpart address both loans between collected only when needed, and we include data, suggestions, or opinions. the Agency and the applicant and believe no reduction of collection is Commenters should include their name, between the Agency and an approved possible. Failure to collect proper address, and other appropriate contact eligible re-lender who then relends the information could result in improper information. If persons with disabilities funds to eligible applicants for eligible determinations of eligibility, improper (e.g., deaf, hard of hearing, or have projects under this subpart. use of funds, and/or unsound loans. speech difficulties) require an (2) The Agency shall cooperate fully alternative means of receiving this with State, Tribal and local agencies in Non-Discrimination Policy notice (e.g., Braille, large print, making loans to assure maximum In accordance with Federal civil audiotape) in order to submit support to the State and Tribal strategies rights law and U.S. Department of comments, please contact USDA’s for rural development. State Directors Agriculture (USDA) civil rights TARGET Center at (202) 720–2600 and their staffs shall maintain regulations and policies, the USDA, its (voice and TDD). coordination and liaison with State Agencies, offices, and employees, and Comments may be submitted by any agency and substate planning districts. institutions participating in or of the means identified in the Funds allocated for use under this administering USDA programs are ADDRESSES section. If comments are subpart are also for the use of Indian prohibited from discriminating based on submitted by mail or hand delivery, tribes within the State, regardless of race, color, national origin, religion, sex, they should be submitted in an whether State development strategies gender identity (including gender unbound format, no larger than letter- include Indian reservations within the expression), sexual orientation, size, suitable for copying and electronic State’s boundaries. Indians residing on disability, age, marital status, family/ filing. If confirmation of receipt is such reservations must have equal parental status, income derived from a requested, a stamped, self-addressed, opportunity to participate in the public assistance program, political postcard or envelope should be benefits of these programs as compared beliefs, or reprisal or retaliation for prior enclosed. RD will consider all with other residents of the State. civil rights activity, in any program or comments received during the comment (3) Federal statutes provide for activity conducted or funded by USDA period and will address comments in extending Agency financial programs (not all bases apply to all programs). the preamble to the final regulation. without regard to race, color, religion, Remedies and complaint filing sex, national origin, marital status, age, List of Subjects in 7 CFR Part 1942 deadlines vary by program or incident. or physical/mental handicap. The Persons with disabilities who require Business and industry, Community participants must possess the capacity alternative means of communication for development, Community facilities, to enter into legal contracts under State program information (e.g., Braille, large Grant programs—Housing and and local statutes. print, audiotape, American Sign community development, Industrial (4) Any processing or servicing Language, etc.) should contact the park, Loan programs—Housing and activity conducted pursuant to this responsible Agency or USDA’s TARGET community development, Loan security, subpart involving authorized assistance Center at (202) 720–2600 (voice and Rural areas, Waste treatment and to Agency employees, members of their TTY) or contact USDA through the disposal—Domestic, Water supply— families, known close relatives, or Federal Relay Service at (800) 877–8339. Domestic. business or close personal associates, is

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43936 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

subject to the provisions of subpart D of institution, its subsidiaries, holding (3) The project must: part 1900 of this chapter. Applicants for companies, and affiliates are not on (i) Meet all of the eligibility this assistance are required to identify their respective regulatory agency’s requirements for a project found in this any known relationship or association watch list and have no regulatory subpart, including but not limited to with an Agency employee. actions outstanding against them; § 1942.17(b)(2), (d), (e), and (g) and all * * * * * (ii) Re-lender has a strong Financial environmental review requirements as ■ 3. Add § 1942.30 to read as follows: Strength and Performance Rating as specified in § 1942.2(b) and 7 CFR part specified in the annual Federal Register 1970; and § 1942.30 Re-lending. notice. The achieved rating must (ii) Meet any additional requirements The provisions in this section indicate financial strength, performance, that may be specified in the program’s establish the process by which the and risk management practices that annual Notice published in the Federal Agency may make loans to eligible re- consistently provide for safe and sound Register. lenders who then in turn re-loan the operations; or (c) Application submission funds to eligible applicants for eligible (iii) At the time of application, Re- requirements. To apply for funds under projects under this subpart. This section lender provides written documentation, this section, a Re-lender must timely may be supplemented by provisions in acceptable to the Agency, from a submit all items as specified in the annual notices published in the Federal financial institution that an Irrevocable annual Federal Register notice. Register. In such notices, the Agency Letter of Credit (or performance (d) Evaluation criteria. The Agency may impose, among other things, limits guarantee) acceptable to the Agency will will score and rank all eligible and on the total amount of funds to be used be issued by the financial institution, if complete Re-lender applications based through this process and the amount of the Re-lender is approved for funding; upon the evaluation factors set out in the loan funding that will be provided and the Re-lender: the annual Federal Register notice, to each re-lender. (A) Obtains a strong Financial including but not limited to: Lending (a) Re-lender eligibility. Re-lenders Strength and Performance Rating as experience and strength of the re-lender, must meet each of the following specified in the Annual Federal poverty and project service area, and requirements: Register notice prior to any funds being Administrator’s discretionary points. (1) Demonstrate the legal authority advanced; or (e) Other Re-lender requirements. necessary to make and service loans (B) Proves to be a financially sound Prior to receiving a direct loan from the involving community infrastructure and institution as determined by the Agency Agency, the eligible re-lender must: development similar to the type of in accordance with the annual Federal (1) Enter into a Re-lender’s agreement projects listed in § 1942.17(d); Register notice; provided by the Agency; (2) Meet federal, state and local (8) Be a legal, non-governmental (2) Execute a promissory note; (3) Provide an Agency approved requirements in accordance with entity at the time of application (with Irrevocable Letter of Credit (or § 1942.17(k); the exception of Tribal governmental performance guarantee) acceptable to (3) As specified in the annual Federal entities); the Agency in the minimum amount Register notice, demonstrate that a (9) Be a member of a national equal to the principal and interest percent of its portfolio is for projects organization that provides training, installments due during the first five (5) located in or serving Persistent Poverty technical assistance and credit years of the loan, prior to receiving any County(ies) or High Poverty Areas, or evaluation of member organizations, loan disbursements; that the Re-lender has a minimum such as FDIC, NCUA or other similar (4) Provide adequate collateral amount of experience making loans for organizations; or be certified by a satisfactory to the agency; and projects located in or serving Persistent Government agency as having a primary (5) Meet any other loan conditions as Poverty County(ies) or High Poverty mission of promoting community described in the annual Notice Area(s); development in low-income target published in the Federal Register. (4) Agree to provide adequate markets and perform training and (f) Loan origination and servicing— collateral, as determined by the Agency, technical assistance as part of that (1)Re-lenders. After the Agency loan is to support the loan request; mission; made to the Re-lender, the Re-lender is (5) Provide a Letter of Intent from a (10) Agrees to loan a majority of responsible for: financial institution that an Irrevocable Agency funds, as specified in the annual (i) Presenting to the Agency eligible Letter of Credit (or performance Federal Register notice, to applicants CF direct loan applications in guarantee) acceptable to the Agency will whose projects are located in or serve accordance with this subpart and any be issued by the financial institution if Persistent Poverty County(ies) or High additional terms established in the the Re-lender is approved for funding; Poverty Area(s); and applicable annual Notice published in (6) As specified in the annual Federal (11) Meet any other criteria specified the Federal Register; Register notice, agree to provide an by the Agency in the annual Notice (ii) Underwriting and servicing each Irrevocable Letter of Credit (or published in the Federal Register. loan reviewed and approved by the performance guarantee) acceptable to (b) Applicant and project eligibility. Agency under this section; the Agency in the minimum amount To be eligible for a CF Direct loan from (iii) Submitting reports to the Agency equal to the principal and interest a re-lender under this section, after any loan disbursement as specified installments due the Agency during the (1) The applicant must meet the in the annual Federal Register notice; first five (5) years of the loan, prior to eligibility requirements found in this (iv) Certifying to the Agency that the receiving loan disbursements; subpart, including but not limited to Re-lender and Borrower have met the (7) Demonstrate one of the following, those in § 1942.2(a)(2) regarding the requirements of 7 CFR 3575.42 and as provided in the annual Federal inability to obtain credit elsewhere and 3575.43 for planning, bidding, Register notice: § 1942.17(b) and (k); contracting and construction, as (i) Re-lender is regulated and (2) The applicant must comply with specified in the annual Federal Register supervised by a Federal or State any other criteria specified by the Notice; Banking Regulatory Agency that is Agency in the annual Program Notice (v) Complying with other Agency subject to credit examination, AND the published in the Federal Register; and requirements as specified in the annual

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43937

Federal Register notice concerning Dated: June 29, 2016. of 1990 (1990 Adjustment Act),2 environmental, civil rights, and other Lisa Mensah, requires the head of each federal agency applicable Federal state, and local law; Under Secretary, Rural Development. to issue an ‘‘interim final rule’’ by July (vi) Obtaining disbursement of loan Dated: June 29, 2016. 1, 2016 adjusting for inflation each funds according to this section and the Alexis Taylor, ‘‘civil monetary penalty’’ provided by law within the agency’s jurisdiction. annual Federal Register notice within 5 Deputy Under Secretary, Farm and Foreign The agency must then update each such years. Any loan funds not disbursed Agricultural Services. civil monetary penalty on an annual [FR Doc. 2016–16005 Filed 7–5–16; 8:45 am] within that time will be deobligated and basis every January 15 thereafter.3 become unavailable for disbursement. BILLING CODE 3410–XV–P (2) Agency responsibilities. (i) Based II. Discussion on the information presented by the Re- 3. The 2015 Adjustment Act defines a lender and any additional information DEPARTMENT OF ENERGY civil monetary penalty as any penalty, fine, or other sanction that: (A)(i) Is for that may be requested by the Agency, Federal Energy Regulatory a specific monetary amount as provided the Agency will determine the eligibility Commission of the applicant and project under this by federal law or (ii) has a maximum amount provided for by federal law; (B) subpart. 18 CFR Parts 250 and 385 is assessed or enforced by an agency (ii) The Agency will notify the re- [Docket No. RM16–16–000; Order No. 826] pursuant to federal law; and (C) is lender of its determination and any assessed or enforced pursuant to an administrative review or appeal rights Civil Monetary Penalty Inflation administrative proceeding or a civil for Agency decisions made under this Adjustments action in the federal courts.4 This subpart. Programmatic decisions based definition applies to the maximum civil on clear and objective statutory or AGENCY: Federal Energy Regulatory Commission, Department of Energy. penalties that may be imposed under regulatory requirements are not the Federal Power Act (FPA),5 the appealable; however, such decisions are ACTION: Interim final rule. Natural Gas Act (NGA),6 the Natural Gas reviewable for appealability by the 7 SUMMARY: The Federal Energy Policy Act of 1978 (NGPA), and the 8 National Appeals Division (NAD). The Regulatory Commission (Commission) is Interstate Commerce Act (ICA). applicant and re-lender may appeal any issuing an interim final rule to amend 4. Under the 2015 Adjustment Act, for Agency decision that directly and its regulations governing the maximum the initial adjustment, the first step for adversely impacts them. For an adverse civil monetary penalties assessable for such adjustment of a civil monetary decision that impacts the applicant, the violations of statutes, rules, and orders penalty for inflation requires re-lender and applicant must jointly within the Commission’s jurisdiction. determining the percentage by which execute a written request for appeal for The Federal Civil Penalties Inflation the U.S. Department of Labor’s an alleged adverse decision made by the Adjustment Act of 1990, as amended Consumer Price Index for all-urban Agency. An adverse decision that only most recently by the Federal Civil consumers (CPI–U) for October of the impacts the re-lender may be appealed Penalties Inflation Adjustment Act preceding year exceeds the CPI–U for by the re-lender only. A decision by a Improvements Act of 2015, requires the October of the year in which the civil re-lender adverse to the interest of an Commission to issue this interim final monetary penalty was last set or applicant or borrower is not a decision rule. adjusted under a provision of law other than the 1990 and 2015 Adjustment by the Agency, whether or not DATES: Effective Date: This interim final Acts.9 The Office of Management and concurred in by the Agency. Appeals rule is effective July 6, 2016. Budget has instructed agencies to use will be conducted by USDA NAD and FOR FURTHER INFORMATION CONTACT: the CPI–U for 1914 when calculating the will be handled in accordance with 7 Todd Hettenbach, Attorney, Office of inflation multiplier for penalties CFR part 11. Enforcement, Federal Energy Regulatory established or last adjusted prior to (iii) For approved eligible borrowers Commission, 888 First Street NE., 1914.10 Adjustments previously made and projects, the Agency will confirm Washington, DC 20426, (202) 502–8794, for inflation pursuant to the 1990 that all environmental requirements as [email protected]. Adjustment Act must be excluded.11 specified in this subpart and 7 CFR part SUPPLEMENTARY INFORMATION: The first adjustment, which is the 1970 have been met and that the Re- subject of the present interim final rule, Order No. 826 lender has provided adequate security is limited to 150 percent of the civil for its loan, before the Agency will Interim Final Rule monetary penalty that was in effect on November 2, 2015.12 disburse funds to the Re-lender; 1. In this interim final rule, the (iv) The Agency will service each re- Federal Energy Regulatory Commission (Commission) is complying with its 2 Public Law 101–410, 104 Stat. 890 (codified as lender’s loan in accordance with 7 CFR amended at 28 U.S.C. 2461 note). part 1951, subpart E. The Agency may statutory obligation to amend the civil 3 28 U.S.C. 2461 note, at (4). suspend further disbursements, and monetary penalties provided by law for 4 Id. (3). pursue any other available and matters within the agency’s jurisdiction. 5 16 U.S.C. 791a et seq. appropriate remedies, if any of the re- 6 15 U.S.C. 717 et seq. I. Background 7 lender loans become troubled, 15 U.S.C. 3301 et seq. 2. The Federal Civil Penalties 8 49 App. U.S.C. 1 et seq. (1988). delinquent, or otherwise in default Inflation Adjustment Act Improvements 9 28 U.S.C. 2461 note, at (5)(b).. status, or if the re-lender is not meeting 10 Act of 2015 (2015 Adjustment Act),1 See Memorandum from Shaun Donovan, Office the terms of its Relender’s Agreement. of Management and Budget, Implementation of the which further amended the Federal Federal Civil Penalties Inflation Adjustment Act Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 6 (Feb. 24, 2016). 11 Id. (5)(b)(2)(A). 1 Sec. 701, Public Law 114–74, 129 Stat. 584, 599. 12 Id. (5)(b)(2)(C).

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43938 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

5. The second step requires license, permit, or exemption under Part Inflation during the relevant period was multiplying the CPI–U percentage I of the FPA; or (c) violate or fail or 1,636.044 percent—the percentage by increase by the applicable November 2, refuse to comply with any order issued which the CPI–U for October of the 2015 civil monetary penalty.13 This step pursuant to the Commission’s authority prior year (October 2015, for which the results in a base penalty increase to monitor and investigate licenses and CPI–U=237.838) exceeds the CPI–U for amount. permits issued under Part I of the FPA. October of the year in which the Civil 6. The third step requires rounding Congress established this civil monetary Monetary Penalty was last set or the base penalty increase amount to the penalty at $10,000 in 1986.20 The only adjusted (October 1935, for which the nearest dollar.14 time that the Commission adjusted this CPI–U=13.7).26 However, the 2015 7. Under the 2015 Adjustment Act, an civil monetary penalty was in 2002, Adjustment Act caps civil monetary agency is directed to use the civil when it increased the civil monetary penalty increases at 150 percent, so the monetary penalty applicable at the time penalty from $10,000 to $11,000 to resulting increase is $1,750 and the of assessment of a civil penalty, account for inflation pursuant to the resulting civil monetary penalty is regardless of the date on which the 1990 Adjustment Act.21 According to $2,750. violation occurred.15 the 2015 Adjustment Act, however, the 11. The Commission currently has 8. The Commission currently has civil Commission must disregard such civil monetary penalty authority of monetary penalty authority of up to increases made pursuant to the 1990 $1,000,000 per violation, per day under $1,000,000 per violation, per day under Adjustment Act. Inflation between section 22 of the NGA.27 This civil section 316A(b) of the FPA.16 This civil October 1986 and October 2015 was monetary penalty applies to violations monetary penalty applies to violations 115.628 percent—the percentage by of the NGA, and to violations of rules, of provisions of Part II of the FPA and which the CPI–U for October of the regulations, restrictions, conditions, and to violations of rules and orders prior year (October 2015, for which the orders promulgated pursuant to the promulgated pursuant to Part II of the CPI–U=237.838) exceeds the CPI–U for NGA. Congress established this civil FPA. Congress increased this Civil October of the year in which the civil monetary penalty in 2005, and neither Monetary Penalty in 2005 from $10,000 monetary penalty was last set or the Commission nor Congress has to $1,000,000, and it expanded the adjusted for purposes of the 2015 adjusted it for inflation. Inflation during scope of conduct to which the penalty Adjustment Act (October 1986, for the relevant period was 19.397 applies. The Commission has not which the CPI–U=110.3).22 The percent—the percentage by which the adjusted this civil monetary penalty for resulting increase rounded to the CPI–U for October of the prior year inflation. Inflation during the relevant nearest dollar is $11,563, and the (October 2015, for which the CPI– period was 19.397 percent 17—the resulting civil monetary penalty is U=237.838) exceeds the CPI–U for percentage by which the CPI–U for $21,563. October of the year in which the civil October of the prior year (October 2015, 10. Under section 315(a) of the FPA, monetary penalty was last set or for which the CPI–U=237.838) exceeds public utilities or licensees are currently adjusted (October 2005, for which the the CPI–U for October of the year in subject to civil forfeiture for any willful CPI–U=199.2).28 The resulting civil which the Civil Monetary Penalty was failure to: Comply with any order of the monetary penalty is $1,193,970. last set or adjusted (October 2005, for Commission; file any report required 12. The Commission currently has which the CPI–U=199.2). The resulting under the FPA or any rule or regulation civil monetary penalty authority of civil monetary penalty is $1,193,970.18 promulgated pursuant to the FPA; $1,000,000 per violation, per day, under 29 9. The Commission currently has civil submit any information or document section 504(b)(6)(A)(i) of the NGPA. monetary penalty authority of $11,000 required by the Commission in the This civil monetary penalty applies to per violation, per day under section course of an investigation conducted violations of any provision of the NGPA 31(c) of the FPA.19 This civil monetary under the FPA; or to appear at any and to violations of any rule or order penalty applies to licensees, permittees, hearing or investigation in response to issued under the NGPA, including 18 23 and exemptees who: (a) Violate or fail a subpoena issued under the FPA. CFR 358.4, 358.5, 250.16, and 284.13. or refuse to comply with any rule or Congress established this civil monetary Congress increased this Civil Monetary 24 regulation issued under Part I of the penalty at $1,000 in 1935. The only Penalty in 2005 from $5,000 to FPA; (b) violate or fail or refuse to time that the Commission adjusted it $1,000,000, and the Commission has not comply with any term or condition of a was in 2002, when the Commission adjusted it since. Nor has it made increased the civil monetary penalty conforming changes to one of its 13 Id. (5)(a). from $1,000 to $1,100 to account for regulations, 18 CFR 250.16(e), to reflect 14 Id. inflation pursuant to the 1990 the statutory increase of this civil 15 Id. (6). Adjustment Act.25 The Commission monetary penalty. Inflation during the 16 16 U.S.C. 825o–1(b). must disregard such increases made relevant period was 19.397 percent—the 17 See Bureau of Labor Statistics, Table 24. pursuant to the 1990 Adjustment Act. percentage by which the Historical Consumer Price Index for All Urban CPI–U for October of the prior year Consumers (CPI–U): U.S. City Average, All Items— 20 Continued, http://www.bls.gov/cpi/cpid1602.pdf Electric Consumers Protection Act of 1986, (last visited March 22, 2016); see also Memorandum Section 12(c), Pub. L. 99–495, 100 Stat 1243. 26 See Bureau of Labor Statistics, Table 24. from Shaun Donovan, at 6. 21 Civil Monetary Penalty Inflation Adjustment Historical Consumer Price Index for All Urban 18 The Commission may impose a penalty against Rule, Order No. 692, 67 FR 52410, 52412 (Aug. 12, Consumers (CPI–U): U.S. City Average, All Items— a user, owner, or operator of the bulk-power system 2002) (renumbered from Order No. 890). Continued, http://www.bls.gov/cpi/cpid1602.pdf for a violation of a reliability standard pursuant to 22 See Bureau of Labor Statistics, Table 24. (last visited March 22, 2016); see also Memorandum FPA section 215(c)(3), 16 U.S.C. 824o(c)(3). The Historical Consumer Price Index for All Urban from Shaun Donovan, at 6. Commission concluded in 2006 that FPA section Consumers (CPI–U): U.S. City Average, All Items— 27 15 U.S.C. 717t–1. 316A establishes the limit on such monetary Continued, http://www.bls.gov/cpi/cpid1602.pdf 28 See Bureau of Labor Statistics, Table 24. penalties. See Rule Concerning Certification of the (last visited March 22, 2016); see also Memorandum Historical Consumer Price Index for All Urban Electric Reliability Organization, and Procedures for from Shaun Donovan, at 6. Consumers (CPI–U): U.S. City Average, All Items— the Establishment, Approval, and Enforcement of 23 16 U.S.C. 825n(a); 18 CFR 385.1602(c). Continued, http://www.bls.gov/cpi/cpid1602.pdf Electric Reliability Standards, Order No. 672, 71 FR 24 49 Stat. 803, 861 (codified at 16 U.S.C. 825n(a)). (last visited March 22, 2016); see also Memorandum 8662, 8711 (Feb. 17, 2006). 25 Civil Monetary Penalty Inflation Adjustment from Shaun Donovan, at 6. 19 16 U.S.C. 823b(c); 18 CFR 385.1602(b). Rule, 67 FR at 52412. 29 15 U.S.C. 3414(b)(6)(A)(i).

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43939

(October 2015, for which the CPI– discrimination, or disadvantages), 13 day,38 and it has not been adjusted U=237.838) exceeds the CPI–U for (concerning Commission investigations since. Inflation during the relevant October of the year in which the civil and power to set aside, after full period was 2,254.832 percent— monetary penalty was last set or hearing, any ‘‘rate, fare, charge, percentage by which the CPI–U for adjusted (October 2005, for which the classification, regulation, or practice October of the prior year (October 2015, CPI–U=199.2).30 The resulting civil caus[ing] any undue or reasonable for which the CPI–U=237.838) exceeds monetary penalty is $1,193,970. advantage, preference, or prejudice the CPI–U for October 1914 (for which 13. Under section 6(10) of the ICA, . . . .’’), or 15 (empowering the the CPI–U=10.1).39 However, the 2015 pipeline carriers, receivers, and trustees Commission, after full hearing, to set Adjustment Act caps civil monetary are currently subject to a civil penalty aside any rate, fare, or charge that ‘‘is or penalty increases at 150 percent, so the for failure or refusal to comply with will be unjust or unreasonable or resulting increase is $750 and the regulations or orders concerning posting unjustly discriminatory or unduly resulting civil monetary penalty is and filing rate schedules issued by the preferential or prejudicial, or otherwise $1,250 per offense, per day. Commission under section 6 of the in violation of any provisions of [the ICA.31 Congress established this civil ICA]’’).34 Congress initially established 16. Under section 20(7)(a) of the ICA, monetary penalty in 1910 at $500 per this civil monetary penalty in 1910 at pipeline carriers and their lessors are offense and $25 per day after the first $5,000 per offense, per day,35 and it has currently subject to a civil penalty for day,32 and that penalty has not been not been adjusted since. Inflation during their failure to keep or submit certain adjusted since. Inflation during the the relevant period was 2,254.832 accounts, records, or memoranda relevant period was 2,254.832 percent— percent—percentage by which the CPI– required by the Commission under the percentage by which the CPI–U for U for October of the prior year (October authority granted in section 20 of the October of the prior year (October 2015, 2015, for which the CPI–U=237.838) ICA.40 Congress last adjusted this civil for which the CPI–U=237.838) exceeds exceeds the CPI–U for October 1914 (for monetary penalty in 1940 at $500 per the CPI–U for October 1914 (for which which the CPI–U=10.1).36 However, the offense, per day,41 and it has not been the CPI–U=10.1).33 However, the 2015 2015 Adjustment Act caps civil adjusted since. Inflation during the Adjustment Act caps civil monetary monetary penalty increases at 150 relevant period was 1,598.843 percent— penalty increases at 150 percent, so the percent, so the resulting increase is percentage by which the CPI–U for base penalty increase is $750, and the $7,500 and the resulting civil monetary October of the prior year (October 2015, per day increase is $37.50. The resulting penalty is $12,500 per day. for which the CPI–U=237.838) exceeds civil monetary penalty is $1250 per 15. Under section 19a(k) of the ICA, the CPI–U for October of the year in offense and $62.50 per day after the first pipeline carriers, receivers of pipeline which the civil monetary penalty was day. carriers, and operating trustees are last set or adjusted (October 1940, for 14. Under section 16(8) of the ICA, currently subject to a civil penalty for which the CPI–U=14).42 However, the pipeline carriers, representatives or their failure to comply with 2015 Adjustment Act caps civil agents of carriers, receivers, trustees, or Commission’s requirements to provide monetary penalty increases at 150 agents of the above are currently subject information, or to provide access, in to a civil penalty for knowing or connection with the Commission’s percent, so the resulting increase is $750 neglectful failure to comply with orders valuation of a pipeline carrier’s property and the resulting civil monetary penalty issued by the Commission under under section 19(a) of the ICA.37 is $1,250 per offense, per day. sections 3 (prohibiting undue or Congress established this civil monetary 17. The preceding adjustments are unreasonable preferences, advantages, penalty in 1913 at $500 per offense, per reflected in the following table:

Existing maximum civil Source monetary penalty New adjusted civil monetary penalty

16 U.S.C. 825o–1(b), Sec. 316A of the Federal $1,000,000 per violation, per day ...... $1,193,970 per violation, per day. Power Act. 16 U.S.C. 823b(c), Sec. 31(c) of the Federal $11,000 per violation, per day ...... $21,563 per violation, per day. Power Act.

30 See Bureau of Labor Statistics, Table 24. Act of 2015, 6 (Feb. 24, 2016). The Office of 38 37 Stat. 701, 703 (codified at 49 App. U.S.C. Historical Consumer Price Index for All Urban Management and Budget has instructed agencies to 19a(k) (1988)). Consumers (CPI–U): U.S. City Average, All Items— use the CPI–U for 1914 when calculating the 39 See Bureau of Labor Statistics, Table 24. Continued, at http://www.bls.gov/cpi/cpid1602.pdf inflation multiplier for penalties established or last Historical Consumer Price Index for All Urban (last visited March 22, 2016); see also Memorandum adjusted prior to 1914. See Memorandum from Consumers (CPI–U): U.S. City Average, All Items— from Shaun Donovan, at 6. The Office of Shaun Donovan, at 6. Continued, at http://www.bls.gov/cpi/cpid1602.pdf Management and Budget has instructed agencies to 34 49 App. U.S.C. 16(8) (1988). (last visited March 22, 2016); see also Memorandum use the CPI–U for 1914 when calculating the from Shaun Donovan, at 6. The Office of 35 36 Stat. 539, 554 (codified at 49 App. U.S.C. inflation multiplier for penalties established or last Management and Budget has instructed agencies to 16(8) (1988)). adjusted prior to 1914. See Memorandum from use the CPI–U for 1914 when calculating the 36 Shaun Donovan, at 6. See Bureau of Labor Statistics, Table 24. inflation multiplier for penalties established or last 31 49 App. U.S.C. 6(10) (1988). Historical Consumer Price Index for All Urban adjusted prior to 1914. See Memorandum from 32 36 Stat. 539, 548 (codified at 49 App. U.S.C. Consumers (CPI–U): U.S. City Average, All Items— Shaun Donovan, at 6. 6(10) (1988). Continued, at http://www.bls.gov/cpi/cpid1602.pdf 40 49 App. U.S.C. 20(7)(a) (1988). (last visited March 22, 2016); see also Memorandum 33 See Bureau of Labor Statistics, Table 24. 41 54 Stat. 916, 918 (codified at 49 App. U.S.C. Historical Consumer Price Index for All Urban from Shaun Donovan, at 6. The Office of 20(7)(a) (1988)). Consumers (CPI–U): U.S. City Average, All Items— Management and Budget has instructed agencies to 42 See Bureau of Labor Statistics, Table 24. Continued, at http://www.bls.gov/cpi/cpid1602.pdf use the CPI–U for 1914 when calculating the Historical Consumer Price Index for All Urban (last visited March 22, 2016); see also Memorandum inflation multiplier for penalties established or last Consumers (CPI–U): U.S. City Average, All Items— from Shaun Donovan, Office of Management and adjusted prior to 1914. See Memorandum from Continued, at http://www.bls.gov/cpi/cpid1602.pdf Budget, Implementation of the Federal Civil Shaun Donovan, at 6. (last visited March 22, 2016); see also Memorandum Penalties Inflation Adjustment Act Improvements 37 49 App. U.S.C. 19a(k) (1988). from Shaun Donovan, at 6.

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43940 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

Existing maximum civil Source monetary penalty New adjusted civil monetary penalty

16 U.S.C. 825n(a), Sec. 315(a) of the Federal $ 1,100 per violation ...... $2,750 per violation. Power Act. 15 U.S.C. 717t–1, Sec. 22 of the Natural Gas $1,000,000 per violation, per day ...... $1,193,970 per violation, per day. Act. 15 U.S.C. 3414(b)(6)(A)(i), Sec. 504(b)(6)(A)(i) $1,000,000 per violation, per day ...... $1,193,970 per violation, per day. of the Natural Gas Policy Act of 1978. 49 App. U.S.C. 6(10) (1988), Sec. 6(10) of the $500 per offense and $25 per day after the $1,250 per offense and $62.50 per day after Interstate Commerce Act. first day. the first day. 49 App. U.S.C. 16(8) (1988), Sec. 16(8) of the $5,000 per violation, per day ...... $12,500 per violation, per day. Interstate Commerce Act. 49 App. U.S.C. 19a(k) (1988), Sec. 19a(k) of $500 per offense, per day ...... $1,250 per offense, per day. the Interstate Commerce Act. 49 App. U.S.C. 20(7)(a) (1988), Sec. 20(7)(a) $500 per offense, per day ...... $1,250 per offense, per day. of the Interstate Commerce Act.

III. Administrative Findings submit this rule for review to the Office regulation is effective upon publication 18. Under the Administrative of Management and Budget pursuant to in the Federal Register. 46 Procedure Act, a final rule may be the Paperwork Reduction Act of 1995. 25. The Commission has determined, with the concurrence of the issued without prior public notice and VI. Document Availability comment if the agency finds that notice Administrator of the Office of and comment are impractical, 21. In addition to publishing the full Information and Regulatory Affairs of unnecessary, or contrary to the public text of this document in the Federal the Office of Management and Budget, interest.43 The Commission finds that Register, the Commission provides all that this rule is not a ‘‘major rule’’ as prior notice and comment for this interested persons an opportunity to defined in section 351 of the Small rulemaking would be impractical, view and print the contents of this Business Regulatory Enforcement unnecessary, and contrary to the public document via the Internet through the Fairness Act of 1996. This Final Rule is interest. The Commission is required by Commission’s Home Page (http:// being submitted to the Senate, House, law to adopt an interim final rule www.ferc.gov) and in the Commission’s and Government Accountability Office. Public Reference Room during normal adjusting its civil monetary penalties for List of Subjects inflation. Moreover, the formula for the business hours (8:30 a.m. to 5:00 p.m. civil monetary penalty adjustment is Eastern time) at 888 First Street NE., 18 CFR Part 250 prescribed by Congress and is not Room 2A, Washington, DC 20426. Natural gas, Reporting and subject to the Commission’s discretion. 22. From the Commission’s Home recordkeeping requirements. Because the Commission is required by Page on the Internet, this information is law to undertake these inflation available on eLibrary. The full text of 18 CFR Part 385 adjustments, and because the this document is available on eLibrary Administrative practice and Commission lacks discretion with in PDF and Microsoft Word format for procedure, Electric power, Penalties, respect to the method and amount of the viewing, printing, and downloading. To Pipelines, Reporting and recordkeeping adjustments, prior notice and comment access this document in eLibrary, type requirements. the docket number (excluding the last would be impractical, unnecessary, and By the Commission. contrary to the public interest. three digits) in the docket number field. 23. User assistance is available for Issued: June 29, 2016. IV. Regulatory Flexibility Statement eLibrary and the Commission’s Web site Kimberly D. Bose, 19. The Regulatory Flexibility Act, as during normal business hours from the Secretary. amended, requires agencies to certify Commission’s Online Support at 202– In consideration of the foregoing, the that rules promulgated under their 502–6652 (toll free at 1–866–208–3676) Commission amends parts 250 and 385, authority will not have a significant or email at [email protected], Chapter I, Title 18, Code of Federal economic impact on a substantial or the Public Reference Room at (202) Regulations as follows: number of small businesses.44 The 502–8371, TTY (202) 502–8659, requirements of the Regulatory [email protected]. PART 250—FORMS Flexibility Act apply only to rules VII. Effective Date and Congressional ■ 1. The authority citation for part 250 promulgated following notice and Notification comment.45 The requirements of the is revised to read as follows: Regulatory Flexibility Act do not apply 24. For the same reasons the Authority: 15 U.S.C. 717–717w, 3301– to this rulemaking because the Commission has determined that public 3432; 42 U.S.C. 7101–7352; 28 U.S.C. 2461 Commission is issuing this interim final notice and comment are unnecessary, note. rule without notice and comment. impractical, and contrary to the public ■ 2. Amend § 250.16 by revising interest, the Commission finds good paragraph (e)(1) to read as follows: V. Paperwork Reduction Act cause to adopt an effective date that is 20. This rule does not require the less than 30 days after the date of § 250.16 Format of compliance plan collection of information. The publication in the Federal Register transportation services and affiliate Commission is therefore not required to pursuant to the Administrative transactions. Procedure Act,47 and therefore, the * * * * * 43 5 U.S.C. 553(b)(3)(B). (e) Penalty for failure to comply. (1) 44 5 U.S.C. 601 et seq. 46 44 U.S.C. 3507(d). Any person who transports gas for 45 5 U.S.C. 603, 604. 47 5 U.S.C. 553(d)(3). others pursuant to Subparts B or G of

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43941

Part 284 of this chapter and who (e) 15 U.S.C. 717t–1, Natural Gas Act: II. Calculation of Adjustment knowingly violates the requirements of $1,193,970 per day. §§ 358.4 and 358.5, § 250.16, or § 284.13 (f) 49 App. U.S.C. 6(10) (1988), The OMB issued guidance on of this chapter will be subject, pursuant Interstate Commerce Act: $1,250 per calculating the catch-up adjustment. See to sections 311(c), 501, and 504(b)(6) of offense and $62.50 per day after the first February 24, 2016, Memorandum for the the Natural Gas Policy Act of 1978, to day. Heads of Executive Departments and a civil penalty, which the Commission (g) 49 App. U.S.C. 16(8) (1988), Agencies, from Shaun Donovan, may assess, of not more than $1,193,970 Interstate Commerce Act: $12,500 per Director, Office of Management and for any one violation. day. Budget, Subject: Implementation of the * * * * * (h) 49 App. U.S.C. 19a(k) (1988), Federal Civil Penalties Inflation Interstate Commerce Act: $1,250 per Adjustment Act Improvements Act of PART 385—RULES OF PRACTICE AND day. 2015. Under this guidance, the PROCEDURE (i) 49 App. U.S.C. 20(7)(a) (1988), Commission has identified one Interstate Commerce Act: $1,250 per applicable civil monetary penalty and ■ 3. The authority citation for part 385 day. calculated the catch-up adjustment. is revised to read as follows: [FR Doc. 2016–15947 Filed 7–5–16; 8:45 am] This rule adjusts the level of the civil Authority: 5 U.S.C. 551–557; 15 U.S.C. BILLING CODE 6717–01–P monetary penalty contained in 25 CFR 717–717z, 3301–3432; 16 U.S.C. 791a–825v, 575.4 (‘‘The Chairman may assess a civil 2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701, fine, not to exceed $25,000 per 9701; 42 U.S.C. 7101–7352, 16441, 16451– DEPARTMENT OF THE INTERIOR violation, against a tribe, management 16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 contractor, or individual operating (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. National Indian Gaming Commission 2461 note (2015). Indian gaming for each notice of violation . . .’’). The OMB provided to ■ 4. Revise § 385.1504(a) to read as 25 CFR Part 575 agencies a table of multipliers to adjust follows: the penalty level based on the year that Civil Penalty Inflation Adjustment § 385.1504 Maximum civil penalty (Rule the penalty was established or last 1504). AGENCY: National Indian Gaming adjusted by statute or regulation. The (a) Except as provided in paragraph Commission. multiplier for 1988 (when the Indian (b) of this section, the Commission may ACTION: Interim final rule. Gaming Regulatory Act was enacted) is × assess a civil penalty of up to $21,563 1.97869 ($25,000 1.97869 = $49,467). SUMMARY: In compliance with the for each day that the violation Federal Civil Penalties Inflation III. Regulatory Matters continues. Adjustment Act Improvements Act of Regulatory Planning and Review * * * * * 2015 and Office of Management and ■ 5. Revise § 385.1601 to read as Budget (OMB) guidance, this rule This interim final rule is not a follows: adjusts the level of the civil monetary significant rule and OMB has reviewed § 385.1601 Scope and purpose (Rule penalty, contained in the National this rule under Executive Order 12866. 1601). Indian Gaming Commission’s (NIGC or This rule provides an initial catch-up Commission) regulation, with an initial The purpose of this subpart is to make adjustment of penalties to account for ‘‘catch-up’’ adjustment. inflation adjustments to the civil inflation. DATES: monetary penalties provided by law This interim final rule will have (1) This rule will not have an effect of an effective date of August 1, 2016. within the jurisdiction of the $100 million or more on the economy or Commission. These penalties shall be FOR FURTHER INFORMATION CONTACT: will not adversely affect, in a material subject to review and adjustment as Contact Armando J. Acosta, Senior way, the economy, productivity, necessary at least every year in Attorney, Office of General Counsel, competition, jobs, the environment, accordance with the Federal Civil National Indian Gaming Commission, at public health or safety, or state, local, or Penalties Inflation Act of 1990, as (202) 632–7003; fax (202) 632–7066 (not tribal governments or communities. amended by the Federal Civil Penalties toll-free numbers). (2) This rule will not create a serious Inflation Adjustment Act Improvements SUPPLEMENTARY INFORMATION: inconsistency or otherwise interfere Act of 2015. I. Background with an action taken or planned by ■ 6. Revise § 385.1602 to read as On November 2, 2015, the President another agency. follows: signed into law the Federal Civil (3) This rule does not involve § 385.1602 Civil penalties, as adjusted Penalties Inflation Adjustment Act entitlements, grants, user fees, or loan (Rule 1602). Improvements Act of 2015 (Sec. 701 of programs or the rights or obligations of The current inflation-adjusted civil Pub. L. 114–74) (the Act). The Act recipients. requires federal agencies to adjust the monetary penalties provided by law (4) This regulatory change does not level of civil monetary penalties with an within the jurisdiction of the raise novel legal or policy issues. Commission are: initial ‘‘catch-up’’ adjustment through (a) 15 U.S.C. 3414(b)(6)(A)(i), Natural an interim final rulemaking and then Regulatory Flexibility Act Gas Policy Act of 1978: $1,193,970 per make subsequent annual adjustments day. for inflation. A civil monetary penalty is The Commission certifies that this (b) 16 U.S.C. 823b(c), Federal Power any assessment with a dollar amount document will not have a significant Act: $21,563 per day. that is levied for a violation of a federal economic effect on a substantial number (c) 16 U.S.C. 825n(a), Federal Power civil statute or regulation, and is of small entities under the Regulatory Act: $2,750. assessed or enforceable through a civil Flexibility Act (5 U.S.C. 601 et seq.) (d) 16 U.S.C. 825o–1(b), Federal action in federal court or an because the rule makes adjustments for Power Act: $1,193,970 per day. administrative proceeding. inflation.

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43942 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

Small Business Regulatory Enforcement Commission has determined that PART 575—CIVIL FINES Fairness Act consultations with Indian gaming tribes ■ 1. The authority citation for part 575 This interim final rule is not a major is not practicable, as Congress has is revised to read as follows: rule under 5 U.S.C. 804(2), the Small mandated that the civil penalty Business Regulatory Enforcement adjustments in the Act be implemented Authority: 25 U.S.C. 2705(a), 2706, 2713, Fairness Act. It will not result in the no later than August 1, 2016. 2715; and Sec. 701, Pub. L. 114–74, 129 Stat. 599. expenditure by state, local, or tribal Paperwork Reduction Act governments, in the aggregate, or by the ■ 2. Amend the introductory text of private sector of $100 million or more This interim final rule does not affect § 575.4 by removing ‘‘$25,000’’ and in any one year. The rule will not result any information collections under the adding in its place ‘‘$49,467’’. Paperwork Reduction Act. in a major increase in costs or prices for Dated: June 28, 2016. consumers, individual industries, National Environmental Policy Act Jonodev O. Chaudhuri, federal, state, or local government agencies, or geographic regions. Nor will This interim final rule does not Chairman, this rule have significant adverse effects constitute a major federal action Kathryn Isom-Clause, on competition, employment, significantly affecting the quality of the Vice Chairwoman, investment, productivity, innovation, or human environment. E. Sequoyah Simermeyer, the ability of the U.S.-based enterprises Information Quality Act Associate Commissioner. to compete with foreign-based [FR Doc. 2016–16009 Filed 7–5–16; 8:45 am] enterprises. In developing this interim final rule, the Commission did not conduct or use BILLING CODE 7565–01–P Unfunded Mandates Reform Act a study, experiment, or survey requiring This interim final rule does not peer review under the Information impose an unfunded mandate of more Quality Act (Pub. L. 106–554). DEPARTMENT OF JUSTICE than $100 million per year on state, local, or tribal governments or the Effects on the Energy Supply Office of the Attorney General private sector. The rule also does not This interim final rule is not a 28 CFR Part 11 have a significant or unique effect on significant energy action under the state, local, or tribal governments or the definition in Executive Order 13211. A [JMD Docket No. 152; A.G. Order No. 3689– private sector. Therefore, a statement Statement of Energy Effects is not 2016] containing the information required by required. RIN 1105–AB44 the Unfunded Mandates Reform Act (2 Clarity of this Regulation U.S.C. 1531 et seq.) is not required. Department of Justice Debt Collection Takings The Commission is required by Regulations Executive Orders 12866 and 12988 and AGENCY: Department of Justice. Under the criteria in Executive Order by the Presidential Memorandum of 12630, this interim final rule does not June 1, 1998, to write all rules in plain ACTION: Final rule. affect individual property rights language. This means that each rule that SUMMARY: This rule amends the protected by the Fifth Amendment nor the Commission publishes must: does it involve a compensable ‘‘taking.’’ regulations that govern debt collection Thus, a takings implication assessment (a) Be logically organized; at the Department of Justice is not required. (b) use the active voice to address (Department) to bring the regulations readers directly; into conformity with government-wide Federalism (c) use clear language rather than standards, to update or delete obsolete Under the criteria in Executive Order jargon; references, and to make other clarifying 13132, this interim final rule has no (d) be divided into short sections and or technical changes. substantial direct effect on the states, on sentences; and DATES: Effective August 5, 2016. the relationship between the national (e) use lists and tables wherever FOR FURTHER INFORMATION CONTACT: government and the states, or on the possible. Dennis Dauphin, Director, Debt distribution of power and Collection Management Staff, or Morton responsibilities among the various Required Determinations Under the J. Posner, Assistant General Counsel, levels of government. Administrative Procedure Act Justice Management Division, U.S. Civil Justice Reform The Federal Civil Penalties Inflation Department of Justice, Washington, DC 20530, (202) 514–5343 or (202) 514– This interim final rule complies with Adjustment Act Improvements Act of 3452. the requirements of Executive Order 2015 requires agencies to adjust 12988. Specifically, this rule has been penalties for the catch-up adjustment SUPPLEMENTARY INFORMATION: reviewed to eliminate errors and through an interim final rulemaking. On February 18, 2015, the Department ambiguity and written to minimize Therefore, the Commission is not published a proposed rule to revise its litigation. It is written in clear language required to complete a notice and existing debt collection regulations. See and contains clear legal standards. comment process prior to promulgation. 80 FR 8580–01. Following a public List of Subjects in 25 CFR Part 575 comment period, the Department Consultation with Indian Tribes received two comments. One In accordance with the President’s Administrative practice and commenter generally endorsed the memorandum of April 29, 1994, procedure, Gaming, Indian lands, rulemaking proposal. Another Government-to-Government Relations Penalties. commenter recommended editorial with Native American Tribal For the reasons set forth in the revisions to clarify the proposed rule Governments, Executive Order 13175 preamble, the Commission amends 25 without making substantive changes. (59 FR 22951, November 6, 2000), the CFR part 575 as follows: After due consideration, the Department

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43943

adopts several of that commenter’s Executive Orders 12866 and 13563— of the Unfunded Mandates Reform Act suggestions. Regulatory Review of 1995. The Department also makes other This regulation has been drafted and Small Business Regulatory Enforcement clarifying changes to the proposed rule. reviewed in accordance with Executive Fairness Act of 1996 In § 11.11(a), the definition of ‘‘debt’’ Order 12866, ‘‘Regulatory Planning and This rule is not a major rule as Review,’’ section 1(b), Principles of will clarify that it is an amount defined by section 251 of the Small Regulation, and in accordance with determined to be owed to the United Business Regulatory Enforcement Executive Order 13563, ‘‘Improving States by an appropriate official of the Fairness Act of 1996, 5 U.S.C. 804. This Regulation and Regulatory Review,’’ Federal Government ‘‘or by a court of rule will not result in an annual effect section 1(b), General Principles of competent jurisdiction,’’ and that it on the economy of $100,000,000 or Regulation. includes ‘‘any amounts owed to the more; a major increase in costs or prices; The Department of Justice has United States for the benefit of a third or significant adverse effects on determined that this rule is not a party.’’ In § 11.11(e), the definition of competition, employment, investment, ‘‘significant regulatory action’’ under ‘‘legally enforceable’’ will clarify that productivity, innovation, or on the Executive Order 12866, section 3(f), there has been a final agency ‘‘or court’’ ability of United States-based Regulatory Planning and Review, and determination that a debt is due and enterprises to compete with foreign- accordingly this rule has not been collectible by offset. Section 11.21(a) based enterprises in domestic and reviewed by the Office of Management will refer to administrative wage export markets. and Budget. garnishment as a tool to collect Further, both Executive Orders 12866 Paperwork Reduction Act delinquent nontax debt owed to the and 13563 direct agencies to assess all This rule imposes no information United States ‘‘through operation of costs and benefits of available regulatory Department programs.’’ Similarly, the collection or record keeping alternatives and, if regulation is requirements. definition of ‘‘agency’’ in § 11.21(c) will necessary, to select regulatory refer specifically to the Department. The approaches that maximize net benefits List of Subjects in 28 CFR Part 11 headings of § 11.21(f)(3) and (f)(4) are (including potential economic, Administrative practice and also revised for clarity. environmental, public health and safety procedure, Claims, Debt collection, Regulatory Flexibility Act effects, distributive impacts, and Government contracts, Government equity). Executive Order 13563 employees, Income taxes, Lawyers, The Attorney General, in accordance emphasizes the importance of Wages. with the Regulatory Flexibility Act (5 quantifying both costs and benefits, of Accordingly, by virtue of the U.S.C. 605(b)), has reviewed this reducing costs, of harmonizing rules, authority vested in me as Attorney regulation and by approving it certifies and of promoting flexibility. The General, including 5 U.S.C. 301 and 28 that this regulation will not have a Department has assessed the costs and U.S.C. 509 and 510, part 11 of title 28 significant economic impact on a benefits of this regulation and believes of the Code of Federal Regulations is substantial number of small entities. that the regulatory approach selected amended as follows: The Department proposes to collect maximizes net benefits. PART 11—DEBT COLLECTION delinquent nontax debt owed it through Executive Order 12988—Civil Justice an administrative wage garnishment Reform ■ 1. The authority citation for part 11 is (AWG) process. When an AWG order is This regulation meets the applicable revised to read as follows: issued, employers (including small standards set forth in sections 3(a) and businesses) that employ workers from Authority: 5 U.S.C. 301, 5514; 28 U.S.C. 3(b)(2) of Executive Order 12988. 509, 510; 31 U.S.C. 3711, 3716, 3718, 3720A, whom the Department is collecting a 3720D. delinquent debt will be required to Executive Order 13132—Federalism certify the employee’s employment and This regulation will not have Subpart A—Retention of Private earnings, garnish wages, and remit substantial direct effects on the States, Counsel for Debt Collection withheld wages to the Department. Such on the relationship between the national § 11.1 [Amended] procedures are mandated by Department government and the States, or on the of the Treasury regulations issued to distribution of power and ■ 2. Amend § 11.1 as follows: implement the Debt Collection responsibilities among the various ■ a. Remove the word ‘‘pilot’’ from the Improvement Act. Employment and levels of government. Therefore, in first sentence; and salary information is contained in an accordance with Executive Order 13132, ■ b. Remove the word ‘‘Adminstration’’ employer’s payroll records. Therefore, it it is determined that this rule does not and add in its place the word will not take a significant amount of have sufficient federalism implications ‘‘Administration’’. ■ time or result in a significant cost for an to warrant the preparation of a 3. Amend § 11.2 as follows: ■ employer to certify employment and Federalism Assessment. a. Revise the section heading; ■ b. In the first two sentences, remove earnings. Employers of delinquent Unfunded Mandates Reform Act of the word ‘‘pilot’’; debtors may be subject at any time to 1995 ■ c. In the third sentence, remove the garnishment orders issued by a court to This rule will not result in the words ‘‘Contracting Officer’s Technical collect delinquent debts of their expenditure by State, local and tribal Representative (COTR)’’ and add in employees owed to governmental or governments, in the aggregate, or by the their place the words ‘‘Contracting private creditors. The addition of an private sector, of $100,000,000 or more Officer’s Representative (COR)’’; and AWG process will not significantly in any one year, and it will not ■ d. In the fourth sentence, remove the increase the burden to which employers significantly or uniquely affect small term ‘‘COTRs’’ and add in its place the are already subject to collect the governments. Therefore, no actions were term ‘‘CORs’’. delinquent debt of their employees. deemed necessary under the provisions The revision reads as follows:

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43944 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

§ 11.2 Private counsel debt collection in conjunction with the offset days past-due to BFS for administrative program. procedures of this subpart. offset under 31 U.S.C. 3716(c)(6). The * * * * * ■ 8. Amend § 11.11 by revising Department must refer any past-due, paragraphs (a) and (b), and adding a legally enforceable debt to BFS for tax § 11.3 [Amended] paragraph (e) to read as follows: refund offset purposes pursuant to 31 ■ 4. Amend § 11.3 as follows: U.S.C. 3720A(a) at least once a year. ■ a. In the first sentence, remove the § 11.11 Definitions. Before referring debts for offset, the words ‘‘the Federal Property and (a) Debt. Debt means any amount of Department must certify to BFS Administrative Services Act of 1949, 41 funds or property that an appropriate compliance with the provisions of 31 U.S.C. 251 et seq.’’ and add in their official of the Federal Government or a U.S.C. 3716(a) and 3720A(b). There is place the words ‘‘41 U.S.C. 3307.’’ court of competent jurisdiction no time limit on when a debt can be ■ b. In the second sentence, add the determines is owed to the United States, collected by offset. phrase ‘‘and law firms that are qualified including any amounts owed to the (b) * * * HUBZone small business concerns’’ United States for the benefit of a third party, by a person, organization, or (2) The Department intends to refer after the phrase ‘‘socially and the debt to BFS for offset purposes; economically disadvantaged entity other than another Federal (3) Before the debt is referred to BFS individuals’’; agency. For purposes of this section, the for offset purposes, the debtor has 60 ■ c. In the second and third sentences, term debt does not include debts arising days from the date of notice to present remove the word ‘‘pilot’’ and add in its under the Internal Revenue Code of evidence that all or part of the debt is place the word ‘‘program’’; and 1986 (26 U.S.C. 1 et seq.), the tariff laws not past due, that the amount is not the ■ d. In the third sentence, remove the of the United States, or the Social amount currently owed, that the words ‘‘the Commerce Business Daily’’ Security Act (42 U.S.C. 301 et seq.), outstanding debt has been satisfied, or, and add in their place the term except that ‘‘delinquent amounts’’ as if the debt is a judgment debt, that the ‘‘FedBizOpps’’. defined in sections 204(f) and 1631(b)(4) of such Act (42 U.S.C. 404(f) and debt has been satisfied, or that Subpart B—Administration of Debt 1383(b)(4)(A), respectively) are included collection action on the debt has been Collection in the term debt, as are ‘‘administrative stayed. offset[s]’’ collectible pursuant to 31 * * * * * § 11.4 [Amended] U.S.C. 3716(c). Debts that have been (c) If the debtor neither pays the ■ 5. Amend § 11.4 as follows: referred to the Department of Justice by amount due nor presents evidence that ■ a. Remove the second sentence of other agencies for collection are the amount is not past due or is satisfied paragraph (a); and included in this definition. or that collection action is stayed, the ■ b. In paragraph (b)(3)(i), add the (b) Past due. A past due debt means Department will refer the debt to BFS number ‘‘1’’ after the words ‘‘26 U.S.C.’’ a debt that has not been paid or for offset purposes. ■ 6. Revise the heading of subpart C to otherwise resolved by the date specified * * * * * read as follows: in the initial demand for payment, or in an applicable agreement or other (f) If more than one debt is owed, payments eligible for offset will be Subpart C—Collection of Debts by instrument (including a post- applied in the order in which the debts Administrative and Tax Refund Offset delinquency repayment agreement), unless other payment arrangements became past due. ■ 7. Revise § 11.10 to read as follows: satisfactory to the Department have been ■ 10. Add § 11.13 to read as follows: § 11.10 [Amended] made. Judgment debts remain past due until paid in full. § 11.13 Non-centralized offset. (a) The provisions of 31 U.S.C. 3716 (a) When offset under § 11.12 of this allow the head of an agency to collect * * * * * part is not available or appropriate, the a debt through administrative offset. (e) Legally enforceable. Legally Department may collect past-due, The provisions of 31 U.S.C. 3716 and enforceable means that there has been a legally enforceable debts through non- 3720A authorize the Secretary of the final agency or court determination that centralized administrative offset. See 31 Treasury, acting through the Bureau of the debt, in the amount stated, is due, CFR 901.3(c). In these cases, the the Fiscal Service (BFS) and other and there are no legal bars to collection Department may offset a payment Federal disbursing officials, to offset by offset. internally or make an offset request certain payments to collect delinquent ■ 9. Amend § 11.12 as follows: ■ directly to a Federal payment agency. debts owed to the United States. This a. Remove paragraph (b)(4); ■ b. In paragraph (d)(5), remove the subpart authorizes the collection of (b) At least 30 days before offsetting number ‘‘65’’ and add in its place the debts owed to the United States by a payment internally or requesting a number ‘‘60’’; persons, organizations, and other Federal payment agency to offset a ■ c. In paragraph (d)(6) and paragraph entities by offsetting Federal and certain payment, the Department will send (e), remove the term ‘‘IRS’’ and add in state payments due to the debtor. It notice to the debtor in accordance with its place the term ‘‘BFS’’; the requirements of 31 U.S.C. 3716(a). allows for collection of debts that are ■ d. In the second sentence of paragraph past due and legally enforceable through When referring a debt for offset under (d)(6), remove the word ‘‘of’’ the second this paragraph (b), the Department will offset, regardless of whether the debts time it occurs and add in its place the have been reduced to judgment. certify, in writing, that the debt is valid, word ‘‘or’’; and delinquent, legally enforceable, and that (b) Nothing in this subpart precludes ■ e. Revise the section heading and the Department from pursuing other there are no legal bars to collection by paragraphs (a), (b)(2), (b)(3), (c), and (f) offset. In addition, the Department will debt collection procedures to collect a to read as follows: debt that has been submitted to the certify its compliance with these Department of the Treasury under this § 11.12 Centralized offset. regulations concerning administrative subpart. The Department may use such (a) The Department must refer any offset. See 31 CFR 901.3(c)(2)(ii). debt collection procedures separately or legally enforceable debt more than 120 ■ 11. Add subpart D to read as follows:

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43945

Subpart D—Administrative Wage Debtor means an individual who owes (ii) The intention of the agency to Garnishment a delinquent nontax debt to the United initiate proceedings to collect the debt States. through deductions from pay until the § 11.21 Administrative wage garnishment. Delinquent nontax debt means any debt and all accumulated interest, (a) Purpose. In accordance with the nontax debt that has not been paid by penalties, and administrative costs are Department of the Treasury government- the date specified in the agency’s initial paid in full; and wide regulation at 31 CFR 285.11, this written demand for payment, or (iii) An explanation of the debtor’s section provides procedures for the applicable agreement, unless other rights, including those set forth in Department of Justice (Department) to satisfactory payment arrangements have paragraph (e)(2) of this section, and the collect money from a debtor’s been made. For purposes of this section, time frame within which the debtor may disposable pay by means of the terms ‘‘debt’’ and ‘‘claim’’ are exercise those rights. administrative wage garnishment to synonymous and refer to delinquent (2) The debtor shall be afforded the satisfy delinquent nontax debt owed to nontax debt. opportunity: the United States through operation of Disposable pay means that part of the (i) To inspect and copy agency Department programs. debtor’s compensation (including, but records related to the debt; (b) Scope. (1) This section shall apply not limited to, salary, bonuses, (ii) To enter into a written repayment notwithstanding any provision of State commissions, and vacation pay) from an agreement with the agency under terms law. employer remaining after the deduction agreeable to the agency; and (iii) For a hearing in accordance with (2) Nothing in this section precludes of health insurance premiums and any paragraph (f) of this section concerning the compromise of a debt or the amounts required by law to be withheld. the existence or the amount of the debt suspension or termination of collection For purposes of this section, ‘‘amounts or the terms of the proposed repayment action in accordance with applicable required by law to be withheld’’ include schedule under the garnishment order. law. See, for example, the Federal amounts for deductions such as Social However, the debtor is not entitled to a Claims Collection Standards (FCCS), 31 Security taxes and withholding taxes, hearing concerning the terms of the CFR parts 900–904. but do not include any amount withheld proposed repayment schedule if these (3) The receipt of payments pursuant pursuant to a court order. terms have been established by written to this section does not preclude the Employer means a person or entity agreement under paragraph (e)(2)(ii) of Department from pursuing other debt that employs the services of others and this section. collection remedies, including the offset that pays their wages or salaries. The of Federal payments to satisfy (3) The agency will retain evidence of term employer includes, but is not service indicating the date of mailing of delinquent nontax debt owed to the limited to, State and local Governments, United States. The Department may the notice. but does not include an agency of the (f) Hearing—(1) Request for hearing. If pursue such debt collection remedies Federal Government. separately or in conjunction with the debtor submits a written request for Evidence of service means administrative wage garnishment. a hearing concerning the existence or information retained by the agency (4) This section does not apply to the amount of the debt or the terms of the indicating the nature of the document to collection of delinquent nontax debt repayment schedule (for those which it pertains, the date of mailing of owed to the United States from the repayment schedules not established by the document, and to whom the wages of Federal employees from their written agreement under paragraph document is being sent. Evidence of Federal employment. Federal pay is (e)(2)(ii) of this section), the agency service may be retained electronically so subject to the Federal salary offset shall provide a hearing, which at the long as the manner of retention is procedures set forth in 5 U.S.C. 5514 agency’s option may be oral or written. sufficient for evidentiary purposes. and other applicable laws. (2) Type of hearing or review. (i) For (5) Nothing in this section requires Garnishment means the process of purposes of this section, whenever the the Department to duplicate notices or withholding amounts from an agency is required to afford a debtor a administrative proceedings required by employee’s disposable pay and the hearing, the agency shall provide the contract or other laws or regulations. paying of those amounts to a creditor in debtor with a reasonable opportunity for (c) Definitions. As used in this section satisfaction of a withholding order. an oral hearing when the agency the following definitions shall apply: Withholding order means any order determines that the issues in dispute Agency means the Department of for withholding or garnishment of pay cannot be resolved by review of the Justice. issued by the agency, or judicial or documentary evidence, as, for example, Business day means Monday through administrative body. For purposes of when the validity of the claim turns on Friday. For purposes of computation, this section, the terms ‘‘wage the issue of credibility or veracity. the last day of the period will be garnishment order’’ and ‘‘garnishment (ii) If the agency determines that an included unless it is a Federal legal order’’ have the same meaning as oral hearing is appropriate, the time and holiday. ‘‘withholding order.’’ location of the hearing shall be Day means calendar day. For (d) General rule. Whenever the agency established by the agency. An oral purposes of computation, the last day of determines that a delinquent debt is hearing may, at the debtor’s option, be the period will be included unless it is owed by an individual, the agency may conducted either in person or by a Saturday, a Sunday, or a Federal legal initiate proceedings administratively to telephone conference. All travel holiday. garnish the wages of the delinquent expenses incurred by the debtor in Debt or claim means any amount of debtor. connection with an in-person hearing money, funds or property that an (e) Notice requirements. (1) At least 30 will be borne by the debtor. All appropriate official of the Federal days before initiating garnishment telephonic charges incurred during the Government determines is owed to the proceedings, the agency shall mail, by hearing will be the responsibility of the United States by an individual, first class mail, to the debtor’s last agency. including debt administered by a third known address, a written notice (iii) In those cases where an oral party as an agent for the Federal informing the debtor of: hearing is not provided under this Government. (i) The nature and amount of the debt; section, the agency shall nevertheless

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43946 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

accord the debtor a ‘‘paper hearing,’’ hearing is not required to be a formal that person’s delegatee. The order shall that is, the agency will decide the issues evidentiary-type hearing. However, contain only the information necessary in dispute based upon a review of the witnesses who testify in in-person or for the employer to comply with the written record. The agency will telephonic hearings will do so under withholding order. Such information establish a reasonable deadline for the oath or affirmation. includes the debtor’s name, address, submission of evidence. (9) Date of decision. The hearing and Social Security Number, as well as (3) Effect of agency receipt of hearing official shall issue a written opinion instructions for withholding and request within 15 business days of stating the decision as soon as information as to where payments notice. Subject to paragraph (f)(12) of practicable, but not later than 60 days should be sent. this section, if the debtor’s written after the date on which the request for (3) The agency will retain evidence of request is received by the agency on or such hearing was received by the service indicating the date of mailing of before the 15th business day following agency. If an agency is unable to provide the order. the mailing of the notice described in the debtor with a hearing and render a (h) Certification by employer. Along paragraph (e)(1) of this section, the decision within 60 days after the receipt with the withholding order, the agency agency shall not issue a withholding of the request for such hearing: shall send to the employer a order under paragraph (g) of this section (i) The agency may not issue a certification in a form prescribed by the until the agency provides the debtor the withholding order until the hearing is Secretary of the Treasury. The employer requested hearing and renders a held and a decision rendered; or shall complete and return the decision in accordance with paragraphs (ii) If the agency had previously certification to the agency within the (f)(9) and (10) of this section. issued a withholding order to the time frame prescribed in the (4) Effect of agency receipt of hearing debtor’s employer, the agency must instructions to the form. The request after 15 business days of notice. suspend the withholding order certification will address matters such If the debtor’s written request is beginning on the 61st day after the as information about the debtor’s received by the agency after the 15th receipt of the hearing request and employment status and disposable pay business day following the mailing of continuing until a hearing is held and available for withholding. the notice described in paragraph (e)(1) a decision is rendered. (i) Amounts withheld. (1) After receipt of this section, the agency shall provide (10) Content of decision. The written of the garnishment order issued under a hearing to the debtor. However, the decision shall include: this section, the employer shall deduct agency will not delay issuance of a (i) A summary of the facts presented; from all disposable pay paid to the withholding order unless the agency (ii) The hearing official’s findings, applicable debtor during each pay determines that the delay in filing the analysis, and conclusions; and period the amount of garnishment request was caused by factors over (iii) The terms of any repayment described in paragraph (i)(2) of this which the debtor had no control, or the schedules, if applicable. section. agency receives information that the (11) Final agency action. The hearing (2)(i) Subject to the provisions of agency believes justifies a delay or official’s decision will be final agency paragraphs (i)(3) and (4) of this section, cancellation of the withholding order. action for purposes of judicial review the amount of garnishment shall be the (5) Hearing official. A hearing official under the Administrative Procedure Act lesser of: may be any qualified individual, as (5 U.S.C. 701 et seq.). (A) The amount indicated on the determined by the head of the agency, (12) Failure to appear. In the absence garnishment order up to 15% of the including an administrative law judge. of good cause shown, a debtor who fails debtor’s disposable pay; or (6) Procedure. After the debtor to appear at a hearing scheduled (B) The amount set forth in 15 U.S.C. requests a hearing, the hearing official pursuant to paragraph (f)(3) of this 1673(a)(2) (Restriction on Garnishment). shall notify the debtor of: section will be deemed as not having That amount is the amount by which a (i) The date and time of a telephonic timely filed a request for a hearing. debtor’s disposable pay exceeds an hearing; (g) Wage garnishment order. (1) amount equivalent to thirty times the (ii) The date, time, and location of an Unless the agency receives information Federal minimum wage. See 29 CFR in-person oral hearing; or that the agency believes justifies a delay 870.10. (iii) The deadline for the submission or cancellation of the withholding order, (3) When a debtor’s pay is subject to of evidence for a written hearing. the agency will send, by first class mail, withholding orders with priority the (7) Burden of proof. (i) The agency a withholding order to the debtor’s following shall apply: will have the initial burden of proving, employer: (i) Unless otherwise provided by by a preponderance of the evidence, the (i) Within 30 days after the debtor Federal law, withholding orders issued existence or amount of the debt. fails to make a timely request for a under this section shall be paid in the (ii) If the agency satisfies its initial hearing (i.e., within 15 business days amounts set forth under paragraph (i)(2) burden, and the debtor disputes the after the mailing of the notice described of this section and shall have priority existence or amount of the debt, the in paragraph (e)(1) of this section), or, over withholding orders that are served debtor must prove, by a preponderance (ii) If the debtor makes a timely later in time. Notwithstanding the of the evidence, that no debt exists or request for a hearing, within 30 days foregoing, withholding orders for family that the amount of the debt is incorrect. after a final decision is made by the support shall have priority over In addition, the debtor may present agency to proceed with garnishment, or withholding orders issued under this evidence that the terms of the (iii) As soon as reasonably possible section. repayment schedule are unlawful or thereafter. (ii) If amounts are being withheld would cause a financial hardship to the (2) The withholding order sent to the from a debtor’s pay pursuant to a debtor, or that collection of the debt employer under paragraph (g)(1) of this withholding order served on an may not be pursued due to operation of section shall be in a form prescribed by employer before a withholding order law. the Secretary of the Treasury. The issued pursuant to this section, or if a (8) Record. The hearing official must withholding order shall contain the withholding order for family support is maintain a summary record of any signature of, or the image of the served on an employer at any time, the hearing provided under this section. A signature of, the head of the agency or amounts withheld pursuant to the

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43947

withholding order issued under this the current amount of garnishment Dated: June 24, 2016. section shall be the lesser of: results in a financial hardship to the Loretta E. Lynch, (A) The amount calculated under debtor, along with supporting Attorney General. paragraph (i)(2) of this section, or documentation. The agency shall [FR Doc. 2016–15511 Filed 7–5–16; 8:45 am] (B) An amount equal to 25% of the consider any information submitted in BILLING CODE 4410–AR–P debtor’s disposable pay less the accordance with procedures and amount(s) withheld under the standards established by the agency. withholding order(s) with priority. (iii) If a debtor owes more than one (3) If the agency finds financial DEPARTMENT OF HOMELAND debt to the agency, the agency may issue hardship, it shall downwardly adjust, by SECURITY an amount and for a period of time multiple withholding orders if the total Coast Guard amount garnished from the debtor’s pay agreeable to the agency, the amount garnished to reflect the debtor’s for such orders does not exceed the 33 CFR Parts 100, 117, 147, and 165 amount set forth in paragraph (i)(2) of financial condition. The agency will this section. notify the employer of any adjustments [USCG–2016–0537] (4) An amount greater than that set to the amounts to be withheld. forth in paragraphs (i)(2) and (3) of this (l) Ending garnishment. (1) Once the Quarterly Listings; Safety Zones, section may be withheld upon the agency has fully recovered the amounts Security Zones, Special Local written consent of the debtor. owed by the debtor, including interest, Regulations, Drawbridge Operation (5) The employer shall promptly pay penalties, and administrative costs Regulations and Regulated Navigation to the agency all amounts withheld consistent with the FCCS, the agency Areas under the withholding order issued shall send the debtor’s employer AGENCY: Coast Guard, DHS. pursuant to this section. notification to discontinue wage ACTION: Notice of expired temporary (6) An employer shall not be required withholding. rules issued. to vary its normal pay and disbursement (2) At least annually, an agency shall cycles in order to comply with the review its debtors’ accounts to ensure SUMMARY: This document provides withholding order. that accounts that have been paid in full notice of substantive rules issued by the (7) Any assignment or allotment by an are no longer subject to garnishment. Coast Guard that were made temporarily employee of the employee’s earnings effective but expired before they could (m) Actions prohibited by the shall be void to the extent it interferes be published in the Federal Register. employer. An employer may not with or prohibits execution of the This notice lists temporary safety zones, discharge, refuse to employ, or take withholding order issued under this security zones, special local regulations, disciplinary action against the debtor section, except for any assignment or drawbridge operation regulations and due to the issuance of a withholding allotment made pursuant to a family regulated navigation areas, all of limited order under this section. support judgment or order. duration and for which timely (8) The employer shall withhold the (n) Refunds. (1) If a hearing official, at publication in the Federal Register was appropriate amount from the debtor’s a hearing held pursuant to paragraph not possible. wages for each pay period until the (f)(2) of this section, determines that a DATES: This document lists temporary employer receives notification from the debt is not legally due and owing to the Coast Guard rules that became effective, agency to discontinue wage United States, the agency shall promptly primarily between July 2013 and withholding. The garnishment order refund any amount collected by means December 2015, and were terminated shall indicate a reasonable period of of administrative wage garnishment. before they could be published in the time within which the employer is (2) Unless required by Federal law or Federal Register. required to commence wage contract, refunds under this section ADDRESSES: withholding. Temporary rules listed in shall not bear interest. (j) Exclusions from garnishment. The this document may be viewed online, agency may not garnish the wages of a (o) Right of action. The agency may under their respective docket numbers, debtor who it knows has been sue any employer for any amount that using the Federal eRulemaking Portal at involuntarily separated from the employer fails to withhold from http://www.regulations.gov. employment until the debtor has been wages owed and payable to an employee FOR FURTHER INFORMATION CONTACT: For reemployed continuously for at least 12 in accordance with paragraphs (g) and questions on this notice contact Yeoman months. To qualify for this exclusion, (i) of this section. However, a suit may First Class Maria Fiorella Villanueva, upon the request of the agency, the not be filed before the termination of the Office of Regulations and debtor must inform the agency of the collection action involving a particular Administrative Law, telephone (202) circumstances surrounding an debtor, unless earlier filing is necessary 372–3862. involuntary separation from to avoid expiration of any applicable SUPPLEMENTARY INFORMATION: Coast employment. statute of limitations period. For Guard District Commanders and (k) Financial hardship. (1) A debtor purposes of this section, ‘‘termination of Captains of the Port (COTP) must be whose wages are subject to a wage the collection action’’ occurs when the immediately responsive to the safety withholding order under this section, agency has terminated collection action and security needs within their may, at any time, request a review by in accordance with the FCCS or other jurisdiction; therefore, District the agency of the amount garnished, applicable standards. In any event, Commanders and COTPs have been based on materially changed termination of the collection action will delegated the authority to issue certain circumstances such as disability, be deemed to have occurred if the local regulations. Safety zones may be divorce, or catastrophic illness that agency has not received any payments established for safety or environmental result in financial hardship. to satisfy the debt from the particular purposes. A safety zone may be (2) A debtor requesting a review debtor whose wages were subject to stationary and described by fixed limits under paragraph (k)(1) of this section garnishment, in whole or in part, for a or it may be described as a zone around shall submit the basis for claiming that period of 1 year. a vessel in motion. Security zones limit

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43948 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

access to prevent injury or damage to public is, however, often informed of publishes a list of these temporary vessels, ports, or waterfront facilities. these rules through Local Notices to safety zones, security zones, special Special local regulations are issued to Mariners, press releases, and other local regulations, regulated navigation enhance the safety of participants and means. Moreover, actual notification is areas and drawbridge operation spectators at regattas and other marine provided by Coast Guard patrol vessels regulations. Permanent rules are not events. Drawbridge operation enforcing the restrictions imposed by included in this list because they are regulations authorize changes to the rule. Because Federal Register published in their entirety in the drawbridge schedules to accommodate publication was not possible before the Federal Register. Temporary rules are bridge repairs, seasonal vessel traffic, end of the effective period, mariners also published in their entirety if and local public events. Regulated were personally notified of the contents sufficient time is available to do so Navigation Areas are water areas within of these safety zones, security zones, before they are placed in effect or a defined boundary for which special local regulations, regulated terminated. regulations for vessels navigating within navigation areas or drawbridge the area have been established by the operation regulations by Coast Guard The following unpublished rules were regional Coast Guard District officials on-scene prior to any placed in effect temporarily during the Commander. enforcement action. However, the Coast period between July 2013 and December Timely publication of these rules in Guard, by law, must publish in the 2015 unless otherwise indicated. To the Federal Register may be precluded Federal Register notice of substantive view copies of these rules, visit when a rule responds to an emergency, rules adopted. To meet this obligation www.regulations.gov and search by the or when an event occurs without without imposing undue expense on the docket number indicated in the list sufficient advance notice. The affected public, the Coast Guard periodically below.

Effective Docket No. Type Location date

USCG–2013–0372 ...... Safety Zone ...... Pacific Ocean, CA ...... 7/5/2013 USCG–2013–0914 ...... Safety Zone ...... Alameda, CA ...... 12/2/2013 USCG–2013–1015 ...... Safety Zone ...... Smithland, KY ...... 12/6/2013 USCG–2014–0036 ...... Safety Zone ...... Point Pleasant, WV ...... 1/26/2014 USCG–2014–0029 ...... Safety Zone ...... Ellis Island, NY ...... 1/27/2014 USCG–2014–0026 ...... Safety Zone ...... Pittsburgh, PA ...... 1/27/2014 USCG–2013–1016 ...... Security Zone ...... Jersey City, NJ ...... 1/27/2014 USCG–2014–0076 ...... Safety Zone ...... Brownsville, TX ...... 2/18/2014 USCG–2014–0050 ...... Safety Zone ...... Houston, TX ...... 3/15/2014 USCG–2014–0325 ...... Safety Zone ...... Cincinnati, OH ...... 7/21/2014 USCG–2014–0445 ...... Safety Zone ...... Newport, KY ...... 7/24/2014 USCG–2014–0919 ...... Safety Zone ...... Charleston, WV ...... 10/4/2014 USCG–2014–0982 ...... Safety Zone ...... Pascagoula, MS ...... 11/8/2014 USCG–2012–1036 ...... Safety Zone ...... Oak Dale, NY ...... 11/29/2014 USCG–2014–0989 ...... Safety Zone ...... Mt. Vernon, IN ...... 12/1/2014 USCG–2014–1034 ...... Safety Zone ...... Clarksville, TN ...... 12/5/2014 USCG–2014–1060 ...... Safety Zone ...... Calvert City, TN ...... 12/15/2014 USCG–2014–1054 ...... Safety Zone ...... Wellsburg, WV ...... 12/31/2014 USCG–2015–0030 ...... Safety Zone ...... SW Pass Sea Buoy; LA ...... 1/26/2015 USCG–2015–0075 ...... Safety Zone ...... Bay City, MI ...... 1/30/2015 USCG–2015–0041 ...... Safety Zone ...... New Orleans, LA ...... 1/31/2015 USCG–2015–0068 ...... Safety Zone ...... Beaumont, TX ...... 3/30/2015 USCG–2015–0331 ...... Safety Zone ...... Apra Outer Harbor, GU ...... 5/3/2015 USCG–2015–0493 ...... Safety Zone ...... Toledo, OH...... 5/31/2015 USCG–2015–0428 ...... Safety Zone ...... Long Beach, CA ...... 6/15/2015 USCG–2015–0419 ...... Safety Zone ...... Vermilion, OH ...... 6/19/2015 USCG–2015–0420 ...... Safety Zone ...... Oswego, NY ...... 6/20/2015 USCG–2015–0491 ...... Safety Zone ...... Detroit, MI ...... 6/20/2015 USCG–2015–0665 ...... Safety Zone ...... Merizo, GU ...... 7/19/2015 USCG–2015–0804 ...... Safety Zone ...... Hannibal, MO ...... 8/7/2015 USCG–2015–0773 ...... Safety Zone ...... Louisville, KY ...... 8/15/2015 USCG–2015–0810 ...... Safety Zone ...... Erie, PA ...... 8/16/2015 USCG–2015–0794 ...... Safety Zone ...... Chicago, IL ...... 8/18/2015 USCG–2015–0793 ...... Safety Zone ...... Chicago, IL ...... 8/18/2015 USCG–2015–0769 ...... Safety Zone ...... Pittsburgh, PA ...... 8/19/2015 USCG–2015–0822 ...... Safety Zone ...... Chicago, IL ...... 8/20/2015 USCG–2012–0309 ...... Safety Zone ...... Chicago, IL ...... 8/21/2015 USCG–2015–0787 ...... Safety Zone ...... Conneaut, OH ...... 8/21/2015 USCG–2015–0750 ...... Safety Zone ...... Port Duluth Zone ...... 8/21/2015 USCG–2015–0829 ...... Safety Zone ...... Arthur, TX ...... 8/21/2015 USCG–2015–0789 ...... Safety Zone ...... Kansas City, MO ...... 8/22/2015 USCG–2015–0784 ...... Safety Zone ...... Buffalo, NY ...... 8/22/2015 USCG–2015–0591 ...... Safety Zone ...... Pittsburgh, PA ...... 8/27/2015 USCG–2015–0824 ...... Safety Zone ...... Los Angeles, CA ...... 8/28/2015 USCG–2015–0826 ...... Safety Zone ...... Wheeling, WV ...... 8/29/2015 USCG–2015–0686 ...... Safety Zone ...... Knoxville, TN ...... 8/29/2015 USCG–2015–0562 ...... Safety Zone ...... Baton Rouge, LA ...... 8/29/2015 USCG–2015–0214 ...... Safety Zone ...... Wilmette, IL ...... 8/30/2015 USCG–2015–0778 ...... Safety Zone ...... Sunrise Beach, MO ...... 8/30/2015

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43949

Effective Docket No. Type Location date

USCG–2015–0836 ...... Safety Zone ...... Chicago, IL ...... 8/31/2015 USCG–2015–0800 ...... Security Zone ...... Seward, AK ...... 8/31/2015 USCG–2015–0060 ...... Safety Zone ...... Cincinnati, OH ...... 9/1/2015 USCG–2015–0744 ...... Safety Zone ...... Carnelian Bay, CA ...... 9/4/2015 USCG–2015–0860 ...... Safety Zone ...... Hickman, KY ...... 9/5/2015 USCG–2015–0830 ...... Safety Zone ...... Saugatuck, MI ...... 9/5/2015 USCG–2015–0832 ...... Safety Zone ...... Madison, OH ...... 9/6/2015 USCG–2015–0363 ...... Special Local Regulations ...... Louisville, KY ...... 9/11/2015 USCG–2015–0745 ...... Safety Zone ...... Ownesboro, KY ...... 9/11/2015 USCG–2015–0832 ...... Safety Zone ...... Chicago, IL ...... 9/12/2015 USCG–2015–0733 ...... Safety Zone ...... Marietta, OH ...... 9/12/2015 USCG–2015–0706 ...... Special Local Regulations ...... Chattanooga, TN ...... 9/12/2015 USCG–2015–0840 ...... Safety Zone ...... San Francisco Bay, CA ...... 9/12/2015 USCG–2015–0626 ...... Safety Zone ...... Nashville, TN ...... 9/12/2015 USCG–2015–0451 ...... Special Local Regulations ...... Clarksville, TN ...... 9/12/2015 USCG–2015–0734 ...... Special Local Regulations ...... Marietta, OH ...... 9/13/2015 USCG–2015–0879 ...... Safety Zone ...... Gulport, MS ...... 9/15/2015 USCG–2015–0803 ...... Special Local Regulations ...... Chattanooga, TN ...... 9/16/2015 USCG–2015–0891 ...... Security Zone ...... St Augustine, FL ...... 9/18/2015 USCG–2015–0763 ...... Special Local Regulations ...... Parkersburg, WV ...... 9/19/2015 USCG–2015–0777 ...... Safety Zone ...... New Athens, IL ...... 9/19/2015 USCG–2015–0870 ...... Safety Zone ...... Superior, WI ...... 9/19/2015 USCG–2015–0919 ...... Security Zone ...... Seattle, WA ...... 9/23/2015 USCG–2015–0802 ...... Safety Zone ...... Mobile, AL ...... 9/24/2015 USCG–2015–0781 ...... Special Local Regulations ...... Martinsville, WV ...... 9/25/2015 USCG–2015–0884 ...... Special Local Regulations ...... Morris, IL ...... 9/26/2015 USCG–2015–0818 ...... Special Local Regulations ...... Louisville, KY ...... 9/26/2015 USCG–2015–0901 ...... Safety Zone ...... Chicago, IL ...... 9/26/2015 USCG–2015–0812 ...... Special Local Regulations ...... Prospect, KY ...... 9/26/2015 USCG–2015–0011 ...... Special Local Regulations ...... Chattanooga, TN ...... 9/27/2015 USCG–2015–0922 ...... Special Local Regulations ...... Long Beach, CA ...... 10/1/2015 USCG–2015–0839 ...... Special Local Regulations ...... Lake Havasu City, AZ ...... 10/2/2015 USCG–2015–0855 ...... Safety Zone ...... Fort Lauderdale, FL ...... 10/3/2015 USCG–2015–0827 ...... Safety Zone ...... Charleston, WV ...... 10/3/2015 USCG–2015–0671 ...... Special Local Regulations ...... Florence, AL ...... 10/3/2015 USCG–2015–0900 ...... Safety Zone ...... Morro Bay, CA ...... 10/3/2015 USCG–2015–0859 ...... Safety Zone ...... Pittsburgh, PA ...... 10/4/2015 USCG–2012–1036 ...... Special Local Regulations ...... Hartford, CT ...... 10/4/2015 USCG–2015–0937 ...... Safety Zone ...... Crystal Bay, CA ...... 10/7/2015 USCG–2015–0899 ...... Safety Zone ...... Nashville, TN ...... 10/9/2015 USCG–2015–0654 ...... Safety Zone ...... Hagatna, GU ...... 10/9/2015 USCG–2015–0779 ...... Special Local Regulations ...... San Francisco, CA ...... 10/9/2015 USCG–2015–0677 ...... Safety Zone ...... New Orleans, LA ...... 10/10/2015 USCG–2015–0882 ...... Special Local Regulations ...... San Diego, CA ...... 10/10/2015 USCG–2015–0668 ...... Special Local Regulations ...... Louisville, KY ...... 10/10/2015 USCG–2015–0711 ...... Safety Zone ...... Chattanooga, TN ...... 10/10/2015 USCG–2015–0791 ...... Safety Zone ...... Rio Vista, CA ...... 10/10/2015 USCG–2015–0887 ...... Safety Zone ...... San Francisco, CA ...... 10/10/2015 USCG–2015–0743 ...... Safety Zone ...... Capitola, CA ...... 10/11/2015 USCG–2015–0851 ...... Regulated Navigation Areas ...... Miami, FL ...... 10/12/2015 USCG–2015–0920 ...... Safety Zone ...... Port New York Zone ...... 10/12/2015 USCG–2015–0799 ...... Safety Zone ...... Oahu, Hawaii ...... 10/16/2015 USCG–2015–0977 ...... Safety Zone ...... Grange, IL ...... 10/17/2015 USCG–2015–0954 ...... Safety Zone ...... Island, MI ...... 10/17/2015 USCG–2015–0828 ...... Safety Zone ...... Charleston, WV ...... 10/18/2015 USCG–2015–0930 ...... Special Local Regulations ...... San Diego, CA ...... 10/18/2015 USCG–2015–0874 ...... Safety Zone ...... San Diego, CA ...... 10/19/2015 USCG–2015–0965 ...... Safety Zone ...... Marinette, WI ...... 10/20/2015 USCG–2015–0969 ...... Safety Zone ...... Tampa Bay, FL ...... 10/21/2015 USCG–2015–0953 ...... Safety Zone ...... Detroit, MI ...... 10/21/2015 USCG–2015–0790 ...... Safety Zone ...... Jacksonville Beach, FL ...... 10/22/2015 USCG–2015–0862 ...... Safety Zone ...... Louisville, KY ...... 10/23/2015 USCG–2015–0866 ...... Safety Zone ...... St. Louis, MO ...... 10/24/2015 USCG–2015–0990 ...... Safety Zone ...... Galveston TX ...... 10/26/2015 USCG–2015–0898 ...... Safety Zone ...... Seal Beach, Ca ...... 10/26/2015 USCG–2011–0489 ...... Safety Zone ...... Chicago Harbor & Burnham Park ...... 10/27/2015 USCG–2015–0971 ...... Safety Zone ...... Oak Island, NC ...... 10/27/2015 USCG–2015–0993 ...... Safety Zone ...... Chicago, IL ...... 10/29/2015 USCG–2015–1002 ...... Safety Zone ...... Fairfax County, VA ...... 10/30/2015 USCG–2015–0979 ...... Safety Zone ...... Long Beach, CA ...... 10/30/2015 USCG–2015–0536 ...... Safety Zone ...... Pittsburgh, PA ...... 10/31/2015 USCG–2015–0536 ...... Safety Zone ...... Pittsburgh, PA ...... 10/31/2015 USCG–2015–0801 ...... Drawbridges ...... Sacramento, CA ...... 11/1/2015

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43950 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

Effective Docket No. Type Location date

USCG–2015–0991 ...... Safety Zone ...... Jean Lafitte, LA ...... 11/1/2015 USCG–2015–0981 ...... Safety Zone ...... Henderson, KY ...... 11/2/2015 USCG–2012–0309 ...... Safety Zone ...... Chicago, IL ...... 11/5/2015 USCG–2015–0994 ...... Safety Zone ...... Kelley’s Island, OH ...... 11/6/2015 USCG–2015–1004 ...... Safety Zone ...... Marysville, MI ...... 11/7/2015 USCG–2015–1014 ...... Security Zone ...... Annapolis, MD ...... 11/9/2015 USCG–2015–0996 ...... Safety Zone ...... Mobile, AL ...... 11/13/2015 USCG–2015–1049 ...... Safety Zone ...... Pascagoula, MS ...... 11/15/2015 USCG–2015–0995 ...... Safety Zone ...... Mobile, AL ...... 11/17/2015 USCG–2015–0976 ...... Safety Zone ...... Parkville, MO ...... 11/20/2015 USCG–2015–0903 ...... Special Local Regulations ...... Englewood, FL ...... 11/20/2015 USCG–2015–0872 ...... Special Local Regulations ...... Chattanooga, TN ...... 11/21/2015 USCG–2015–1020 ...... Safety Zone ...... Wilmington, NC ...... 11/21/2015 USCG–2015–1040 ...... Security Zone ...... New York Harbor, NY ...... 11/22/2015 USCG–2015–0972 ...... Safety Zone ...... Piti, GU ...... 11/25/2015 USCG–2015–1056 ...... Safety Zone ...... St. Louis, MO ...... 11/29/2015 USCG–2015–1045 ...... Safety Zone ...... San Pedro, CA ...... 12/2/2015 USCG–2015–0984 ...... Safety Zone ...... Chickamauga L&D ...... 12/3/2015 USCG–2015–1067 ...... Security Zone ...... Cleveland, OH ...... 12/3/2015 USCG–2015–1068 ...... Safety Zone ...... Marietta, OH ...... 12/3/2015 USCG–2015–0863 ...... Safety Zone ...... Calhoun, KY ...... 12/4/2015 USCG–2015–1058 ...... Safety Zone ...... Newport News, VA ...... 12/4/2015 USCG–2015–0878 ...... Safety Zone ...... Lake Charles, LA ...... 12/6/2015 USCG–2015–1012 ...... Safety Zone ...... Wilmington, NC ...... 12/6/2015 USCG–2015–1059 ...... Special Local Regulations ...... San Juan, PR ...... 12/6/2015 USCG–2015–0997 ...... Safety Zone ...... Louisville, KY ...... 12/8/2015 USCG–2015–0986 ...... Safety Zone ...... New Johnsonville, TN ...... 12/9/2015 USCG–2015–1104 ...... Drawbridges ...... Alameda, CA ...... 12/18/2015 USCG–2015–1109 ...... Safety Zone ...... Buffalo, NY ...... 12/19/2015 USCG–2015–1027 ...... Safety Zone ...... San Francisco, CA ...... 12/30/2015 USCG–2015–1062 ...... Safety Zone ...... Boston, MA ...... 12/31/2015 USCG–2015–1017 ...... Safety Zone ...... Sacramento, CA ...... 12/31/2015 USCG–2015–1071 ...... Safety Zone ...... Long Beach, CA ...... 12/31/2015 USCG–2015–1073 ...... Drawbridges ...... Sacramento, CA ...... 12/31/2015 USCG–2015–1069 ...... Safety Zone ...... Marina Del Rey, CA ...... 12/31/2015

Dated: June 13, 2016. DEPARTMENT OF HOMELAND to http://www.regulations.gov, inserting K. Kroutil, SECURITY USCG–2016–0315 in the ‘‘Keyword’’ Chief, Office of Regulations and box, and then clicking ‘‘Search.’’ Coast Guard Administrative Law, United States Coast FOR FURTHER INFORMATION CONTACT: If Guard. 46 CFR Parts 1, 10, 11, 12, 13, and 15 you have questions on this final rule, [FR Doc. 2016–16016 Filed 7–5–16; 8:45 am] call or email Mr. R. Sam Teague, Coast BILLING CODE 9110–04–P [Docket No. USCG–2016–0315] Guard; telephone 202–372–1425, email [email protected]. Shipping; Technical, Organizational, and Conforming Amendments SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION AGENCY: Coast Guard, DHS. Table of Contents for Preamble AGENCY ACTION: Final rule. I. Abbreviations II. Regulatory History 40 CFR Part 60 SUMMARY: This final rule makes non- III. Basis and Purpose substantive technical, organizational, Standards of Performance for New IV. Discussion of the Rule and conforming amendments to existing V. Regulatory Analyses Stationary Sources; CFR Correction regulations throughout title 46 of the A. Regulatory Planning and Review Code of Federal Regulations to Correction B. Small Entities reorganize Coast Guard offices C. Assistance for Small Entities In rule document 2016–15707 responsible for administering the D. Collection of Information beginning on page 42542 in the issue of Mariner Credentialing Program. This E. Federalism F. Unfunded Mandates Reform Act Thursday, June 30th, 2016, make the rule will have no substantive effect on the regulated public. G. Taking of Private Property following correction: H. Civil Justice Reform DATES: This final rule is effective July 6, I. Protection of Children On page 42542, in the third column, 2016. below the 44th line, remove the J. Indian Tribal Governments ADDRESSES: Documents mentioned in K. Energy Effects photographed text and insert, ‘‘3. this preamble as being available in the Reinstate the symbol ∃, in the following L. Technical Standards docket are part of docket USCG–2016– M. Environment places:’’. 0315, and are available using the [FR Doc. C1–2016–15707 Filed 7–5–16; 8:45 am] Federal eRulemaking Portal. You can I. Abbreviations BILLING CODE 1505–01–D find this docket on the Internet by going CFR Code of Federal Regulations

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43951

CG–MMC Coast Guard Office of Merchant requirements and interpretations of the equity). Executive Order 13563 Mariner Credentialing credentialing standards. The emphasizes the importance of DHS Department of Homeland Security consolidation of the MCP into a single quantifying both costs and benefits, of FR Federal Register office, under a single directorate that reducing costs, of harmonizing rules, MCP Mariner Credentialing Program NMC National Maritime Center also oversees the National Maritime and of promoting flexibility. This rule OMB Office of Management and Budget Center (NMC), will provide a single has not been designated a ‘‘significant Pub. L. Public Law point of contact at Coast Guard regulatory action,’’ under section 3(f) of § Section symbol Headquarters for all internal and Executive Order 12866. Accordingly, U.S.C. United States Code external customers. A single point of the rule has not been reviewed by the II. Regulatory History contact will ensure faster and more Office of Management and Budget. consistent responses to the maritime Because this rule involves non- We did not publish a notice of industry and the NMC, which is substantive changes and internal agency proposed rulemaking for this rule. responsible for issuing the credentials. practices and procedures, it will not Under 5 U.S.C. 553(b)(A), the Coast With a single director and chain of impose any additional costs on the Guard finds that this rule is exempt command for mariner credentialing, we public. The benefit of the non- from notice and comment rulemaking will ensure greater consistency in substantive changes is improved requirements because these changes creation, implementation, and organizational efficiency. Given that this involve rules of agency organization, interpretation of international and rule makes changes that involve rules of procedure, or practice. In addition, the domestic standards in this area. agency organization, procedure, or Coast Guard finds that notice and The consolidation of functions will practice, and will have no substantive comment procedures are unnecessary also reduce duplicative efforts within effect on the regulated public, we have under 5 U.S.C. 553(b)(B), as this rule the Coast Guard Headquarters not performed any further economic consists only of corrections and organization. There are numerous analysis or a regulatory analysis for this editorial, organizational, and redundant processes in our current rule. conforming amendments, and that these headquarters organizational structure changes will have no substantive effect that are designed to ensure the NMC, B. Small Entities on the regulated public. Under 5 U.S.C. the two Prevention directorates, and two Under the Regulatory Flexibility Act 553(d)(3), the Coast Guard finds that, for Headquarters offices are aligned. (5 U.S.C. 601–612), rules exempt from the same reasons, good cause exists for Consolidation will eliminate these the notice and comment requirements of making this final rule effective upon duplicative processes by placing these the Administrative Procedure Act are publication in the Federal Register. functions into a single office in one not required to examine the impact of directorate. We expect this the rule on small entities. The Coast III. Basis and Purpose consolidation to yield greater efficiency, Guard finds that this rule is exempt The legal basis of this rule is found in with a single office providing from notice and comment rulemaking 5 U.S.C. 552(a) and 553; 14 U.S.C. 633; centralized and consistent responses to requirements under 5 U.S.C. 553(b)(A) and Department of Homeland Security all stakeholders of the MCP. because these changes involve rules of Delegation No. 0170.1. This final rule amends 46 CFR parts agency organization, procedure, or The purpose of this rule is to 1, 10, 11, 12, 13, and 15 by removing the practice. In addition, the Coast Guard announce the reorganization of the mariner credentialing responsibilities finds that notice and comment offices responsible for administration of from the Director of Inspections and procedures are unnecessary under 5 the Mariner Credentialing Program Compliance (CG–5PC) and the Offices of U.S.C. 553(b)(B), as this rule consists (MCP) in order to improve mission Operating and Environmental Standards only of corrections and editorial, execution and organizational efficiency (CG–OES) and Commercial Vessel organizational, and conforming by ensuring all aspects of the Coast Compliance (CG–CVC). With this final amendments, and that these changes Guard’s credentialing program report to rule, full mariner credentialing will have no substantive effect on the a single directorate and by creating one responsibilities will be assumed by the regulated public. centralized office at Headquarters Director of Commercial Regulations and C. Assistance for Small Entities responsible for all technical aspects of Standards through the newly created the MCP. This rule makes technical and Office of Merchant Mariner Under section 213(a) of the Small editorial corrections throughout title 46 Credentialing (CG–MMC). Business Regulatory Enforcement of the CFR, in conjunction with the Fairness Act of 1996 (Pub. L. 104–121), assignment of MCP responsibilities to V. Regulatory Analyses we want to assist small entities in this new office, and does not create or We developed this rule after understanding this rule so that they can change any substantive requirements. considering numerous statutes and better evaluate its effects on them and Executive Orders related to rulemaking. participate in the rulemaking. If the rule IV. Discussion of the Rule Below we summarize our analyses would affect your small business, The Coast Guard is consolidating the based on these statutes or Executive organization, or governmental MCP under the newly created Office of Orders. jurisdiction, and you have questions Merchant Mariner Credentialing (CG– concerning its provisions or options for MMC) to provide program support and A. Regulatory Planning and Review compliance, please consult Mr. R. Sam policy development to allow the Executive Orders 13563 and 12866 Teague at 202–372–1425, or by email at National Maritime Center (NMC) to direct agencies to assess the costs and [email protected]. The Coast efficiently issue credentials to U.S. benefits of available regulatory Guard will not retaliate against small mariners quickly and in full compliance alternatives and, if regulation is entities that question or complain about with all applicable domestic and necessary, to select regulatory this rule or any policy or action of the international requirements. Mariners, approaches that maximize net benefits Coast Guard. ship operators, and maritime academies (including potential economic, Small businesses may send comments frequently have questions and issues environmental, public health and safety on the actions of Federal employees related to implementation of effects, distributive impacts, and who enforce or otherwise determine

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43952 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

compliance with Federal regulations to (‘‘Protection of Children from which guide the Coast Guard in the Small Business and Agriculture Environmental Health Risks and Safety complying with the National Regulatory Enforcement Ombudsman Risks’’). This final rule is not an Environmental Policy Act of 1969 (42 and the Regional Small Business economically significant rule and will U.S.C. 4321–4370f), and have concluded Regulatory Fairness Boards. The not create an environmental risk to that this action is one of a category of Ombudsman evaluates these actions health or risk to safety that might actions that do not individually or annually and rates each agency’s disproportionately affect children. cumulatively have a significant effect on responsiveness to small businesses. If the human environment. This rule is J. Indian Tribal Governments you wish to comment on actions by categorically excluded under section employees of the Coast Guard, please This final rule does not have tribal 2.B.2, figure 2–1, paragraphs (34)(a) and call 1–888–REG–FAIR (1–888–734– implications under Executive Order (b) of the Instruction. This final rule 3247). 13175 (‘‘Consultation and Coordination involves amendments to regulations that with Indian Tribal Governments’’), are editorial or procedural, or concern D. Collection of Information because it will not have a substantial internal agency functions or This rule calls for no new collection direct effect on one or more Indian organization. An environmental analysis of information under the Paperwork tribes, on the relationship between the checklist and a categorical exclusion Reduction Act of 1995 (44 U.S.C. 3501– Federal Government and Indian tribes, determination are available in the 3520). or on the distribution of power and docket for this final rule where responsibilities between the Federal E. Federalism indicated under ADDRESSES. Government and Indian tribes. A rule has implications for federalism List of Subjects K. Energy Effects under Executive Order 13132 46 CFR Part 1 (‘‘Federalism’’) if it has a substantial We have analyzed this final rule direct effect on the States, on the under Executive Order 13211 (‘‘Actions Administrative practice and relationship between the national Concerning Regulations That procedure, Organization and functions government and the States, or on the Significantly Affect Energy Supply, (Government agencies), Reporting and distribution of power and Distribution, or Use’’). We have recordkeeping requirements. responsibilities among the various determined that it is not a ‘‘significant 46 CFR Part 10 levels of government. We have analyzed energy action’’ under that order because Incorporation by reference, Penalties, this rule under that order and have it is not a ‘‘significant regulatory action’’ Personally identifiable information, determined that it is consistent with the under Executive Order 12866 and is not Reporting and recordkeeping fundamental federalism principles and likely to have a significant adverse effect requirements, Seamen. preemption requirements described in on the supply, distribution, or use of Executive Order 13132. energy. The Administrator of the Office 46 CFR Part 11 of Information and Regulatory Affairs at F. Unfunded Mandates Reform Act Incorporation by reference, Penalties, the Office of Management and Budget Reporting and recordkeeping The Unfunded Mandates Reform Act (OMB) has not designated it as a requirements, Schools, Seamen. of 1995 (2 U.S.C. 1531–1538) requires significant energy action. Therefore, it Federal agencies to assess the effects of does not require a Statement of Energy 46 CFR Part 12 their discretionary regulatory actions. In Effects under Executive Order 13211. Incorporation by reference, Penalties, particular, the Act addresses actions L. Technical Standards Reporting and recordkeeping that may result in the expenditure by a requirements, Seamen. State, local, or tribal government, in the The National Technology Transfer aggregate, or by the private sector of and Advancement Act (15 U.S.C. 272 46 CFR Part 13 $100,000,000 (adjusted for inflation) or note) directs agencies to use voluntary Incorporation by reference, Cargo more in any 1 year. Though this final consensus standards in their regulatory vessels, Reporting and recordkeeping rule will not result in such an activities unless the agency provides requirements, Seamen. expenditure, we do discuss the effects of Congress, through the OMB, with an this rule elsewhere in this preamble. explanation of why using these 46 CFR Part 15 standards would be inconsistent with Incorporation by reference, Reporting G. Taking of Private Property applicable law or otherwise impractical. and recordkeeping requirements, This final rule will not cause a taking Voluntary consensus standards are Seamen, Vessels. of private property or otherwise have technical standards (e.g., specifications For the reasons discussed in the taking implications under Executive of materials, performance, design, or preamble, the Coast Guard amends 46 Order 12630 (‘‘Governmental Actions operation; test methods; sampling CFR parts 1, 10, 11, 12, 13, and 15 as and Interference with Constitutionally procedures; and related management follows: Protected Property Rights’’). systems practices) that are developed or adopted by voluntary consensus H. Civil Justice Reform PART 1—ORGANIZATION, GENERAL standards bodies. COURSE AND METHODS GOVERNING This final rule meets applicable This final rule does not use technical MARINE SAFETY FUNCTIONS standards in sections 3(a) and 3(b)(2) of standards. Therefore, we did not Executive Order 12988 (‘‘Civil Justice consider the use of voluntary consensus ■ 1. The authority citation for part 1 Reform’’), to minimize litigation, standards. continues to read as follows: eliminate ambiguity, and reduce M. Environment Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 burden. U.S.C. 7701; 46 U.S.C. Chapter 93; Pub. L. We have analyzed this rule under I. Protection of Children 107–296, 116 Stat. 2135; Department of Department of Homeland Security Homeland Security Delegation No. 0170.1; We have analyzed this final rule Management Directive 023–01 and § 1.01–35 also issued under the authority of under Executive Order 13045 Commandant Instruction M16475.lD, 44 U.S.C. 3507.

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43953

■ 2. Amend § 1.01–10 as follows: Headquarters, under the direction of the other materials concerning the design, ■ a. Redesignate paragraphs (c)(2)(i)(B) Assistant Commandant for Prevention construction, alterations, and repair of and (C) as (c)(2)(i)(C) and (D), Policy (CG–5P) and the Director of commercial vessels to determine respectively; Commercial Regulations and Standards conformance with the marine inspection ■ b. Add new paragraph (c)(2)(i)(B); (CG–5PS), develops and maintains laws, regulations, and implementing ■ c. Remove paragraph (c)(2)(iv); standards and policy, statutes, directions, and administers the U.S. ■ d. Remove paragraphs (d)(1) and (2); regulations and guidance for the Tonnage Measurement program. and maritime industry regarding personnel (6) The Commanding Officer, Coast ■ e. Add paragraphs (e), (f), (g), and (h). qualifications, licensing, certification, Guard National Maritime Center (NMC), The additions read as follows: manning and labor issues; provides under the direction of the Assistant § 1.01–10 Organization. oversight of mariner credentialing and Commandant for Prevention Policy marine personnel administration (CG–5P) and the Director of Commercial * * * * * matters, and coordinates the monitoring Regulations and Standards (CG–5PS), (c) * * * and subject to the policy and guidance (2) * * * of U.S. implementation efforts with of the Office of Merchant Mariner (i) * * * respect to the International Convention (B) The Office of Merchant Mariner on Standards of Training, Certification & Credentialing (CG–MMC); evaluates Credentialing (CG–MMC), Watchkeeping for Seafarers (STCW) merchant mariners for suitability for 1978, as amended; and reviews mariner service; issues merchant mariner * * * * * appeals of credentialing decisions and credentials; evaluates and conducts (e) The Director of Commercial provides a recommended final agency oversight of approved courses; and Regulations and Standards (CG–5PS), action for CG–5PS signature. exercises operational and administrative under the general direction and (3) The Chief, Office of Operating and control over the Regional Examination supervision of the Deputy for Environmental Standards (CG–OES), at Centers. Operations Policy and Capabilities (CG– Headquarters, under the direction of the (f) The Director of Inspections and DCO–D) and the Assistant Commandant Assistant Commandant for Prevention Compliance (CG–5PC), under the for Prevention Policy (CG–5P), Policy (CG–5P) and the Director of general direction and supervision of the establishes federal policies for Commercial Regulations and Standards Assistant Commandant for Prevention development of marine safety, security, (CG–5PS), coordinates and integrates Policy (CG–5P), acts as Program and environmental protection treaties, program standards for vessel and facility Manager for the Marine Safety, Security, laws, and regulations; develops safety, operations, cargo systems and handling, and Environmental Protection Programs; security, and environmental protection and environmental protection; develops directs, coordinates, and integrates the standards for the maritime industry; and maintains standards, regulations, Coast Guard’s marine safety and integrates all marine safety, security, and industry guidance for maritime environmental protection compliance and environmental protection regulatory industry operations to prevent deaths, programs, contingency planning, programs; prepares legislation, injuries, property damage, and response operations, and investigations regulations, and industry guidance for environmental harm; develops and programs; establishes and coordinates new safety and environmental maintains safety standards and field implementation policies and protection programs; maintains an regulations for commercial fishing priorities for all marine safety active program for development of third industry vessels and uninspected commands and units; serves as the focal party consensus industry standards, and commercial vessels; and develops and point for field support and technical provides oversight to marine personnel maintains health and safety standards guidance; and provides oversight of matters. and regulations for U.S.-inspected vessel documentation matters and, (1) The Chief, Office of Design and vessels. through the District Commander, Engineering Standards (CG–ENG), at (4) The Chief, Office of Standards supervises the administration of the Headquarters, under the direction of the Evaluation and Development (CG–REG), Marine Safety Division of District Assistant Commandant for Prevention at Headquarters, under the direction of Offices and Officers in Charge, Marine Policy (CG–5P) and the Director of the Assistant Commandant for Inspection. Commercial Regulations and Standards Prevention Policy (CG–5P) and the (1) The Chief, Office of Commercial (CG–5PS), manages the program for Director of Commercial Regulations and Vessel Compliance (CG–CVC), at defining the overall regulatory approach Standards (CG–5PS), coordinates the Headquarters, under the direction of the for vessels, offshore structures, and development of new standards, Assistant Commandant for Prevention other marine systems incorporating programs, and regulations across all Policy (CG–5P) and the Director of safety considerations regarding the role technical and operational areas of Inspections and Compliance (CG–5PC), of the human element; develops policies marine safety and environmental administers and balances all marine and regulations on load line matters and protection; provides comprehensive safety and environmental protection supervises classification societies analytical support for all standards compliance programs, including authorized to assign load lines on behalf assessment and development efforts; direction of Coast Guard activities and of the Coast Guard; oversees the coordinates development of measures of oversight of third parties and industry development and maintenance of effectiveness for assessing regulatory programs; develops, publishes, and programs that incorporate risk-based programs and consensus standards; and maintains program policies for vessel methods in making safety oversees the Coast Guard’s rulemaking compliance, interprets standards and determinations and policies; and development program. regulations, and provides field guidance oversees technical research and (5) The Commanding Officer, Marine for execution and enforcement; development for safety and Safety Center, under the direction of the administers the marine inspection environmental protection associated Assistant Commandant for Prevention program, commercial fishing vessel with marine vessels, structures and Policy (CG–5P) and the Director of examination program, and foreign vessel facilities. Commercial Regulations and Standards boarding program for the enforcement of (2) The Chief, Office of Merchant (CG–5PS), conducts reviews and commercial vessel material and Mariner Credentialing (CG–MMC), at approvals of plans, calculations, and operational safety standards; and

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43954 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

supervises the administration of the the Commandant, Vice Commandant, (2) Commandant (CG–5PS) for appeals manning of U.S. vessels. and senior staff officers. The Judge involving vessel plan review or tonnage (2) The Chief, Office of Environmental Advocate General advises on all cases measurement issues and for all appeals Response Policy (CG–MER), at and controversies arising under the involving suspension or withdrawal of Headquarters, under the Direction of the various authorities of the Coast Guard course approvals, all merchant mariner Deputy for Operations Policy and involving alleged violations of personnel issues appealed from the Capabilities (CG–DCO–D) and the international, maritime, navigation, and National Maritime Center or from an Assistant Commandant for Response vessel inspection laws, or regulations OCMI through a District Commander. Policy (CG–5R), coordinates and prescribed thereunder and published in (i) Appeals involving course integrates field planning, preparedness, this chapter or in 33 CFR chapter I, and approvals and merchant mariner and response operations for pollution reviews appeals to the Commandant personnel issues must be addressed to incidents, natural disasters, marine from actions derived from these the Office of Merchant Mariner accidents, terrorism, and other threats to authorities. On completion of such a Credentialing (CG–MMC), U.S. Coast public safety, the marine environment, review, the Judge Advocate General Guard, Stop 7509, 2703 Martin Luther or marine transportation and commerce; prepares a proposed action for the King Jr. Avenue SE., Washington, DC develops, publishes, and maintains Commandant’s consideration or, in 20593–7509. program policies for preparedness and appropriate cases, takes final action on (ii) Appeals involving vessel plan response, interprets laws and behalf of, and as directed by, the review or tonnage measurement issues regulations, and provides field guidance Commandant. must be addressed to Director of for execution; provides guidance Commercial Regulations and Standards regarding emergency authorities of the § 1.01–15 [Amended] (CG–5PS), U.S. Coast Guard, Stop 7509, Captain of the Port (COTP); and ■ 3. Amend § 1.01–15 as follows: 2703 Martin Luther King Jr. Avenue SE., administers Office programs for ports ■ a. In paragraph (c)(2), remove the Washington, DC 20593–7509. and waterway management, bridging words ‘‘the processing NMC compliance, and response efforts with (3) Commandant (CG–5PC) for all detachment,’’; and appeals regarding the documentation of an active presence in the marine ■ b. In paragraph (d), remove the words environment. a vessel under part 67 or part 68 of this ‘‘Vessel Activities (CG–CVC),’’ and add, (3) The Chief, Office of Investigations title. All appeals regarding the in their place, the words ‘‘Merchant and Analyses (CG–INV), at documentation of a vessel under part 67 Headquarters, under the direction of the Mariner Credentialing (CG–MMC)’’. or part 68 of this title must be addressed Assistant Commandant for Prevention § 1.01–25 [Amended] to Commandant (CG–5PC), Attn: Director of Inspections and Compliance, Policy (CG–5P) and the Director of ■ 4. In § 1.01–25(b)(1) and (2), remove Inspections and Compliance (CG–5PC), U.S. Coast Guard Stop 7501, 2703 the words ‘‘Marine Safety and Martin Luther King Jr. Avenue SE., reviews investigations of marine Environmental Protection’’ and add, in casualties; manages, develops policy for Washington, DC 20593–7501, and a their place the words ‘‘the Assistant copy of each such appeal must be sent and evaluates domestic and Commandant for Prevention Policy’’. international programs and processes to the National Vessel Documentation associated with investigations of marine ■ 5. Revise the table in § 1.01–35(b) to Center, 792 T J Jackson Drive; Falling casualties and injuries; manages read as follows: Waters, WV 25419; analysis of casualties and casualty data, § 1.01–35 OMB control numbers assigned * * * * * civil penalties and other remedial pursuant to the Paperwork Reduction Act. (j) Any decision made by the programs (including proceedings to * * * * * Commandant, or by the Deputy suspend or revoke Coast Guard (b) * * * Commandant for Operations (DCO–D), credentials held by mariners); and or by the Assistant Commandant for manages marine employer drug and 46 CFR part or section Current OMB Prevention Policy (CG–5P), or by a alcohol testing programs. where identified or described control No. Director or an office chief pursuant to (g) The Director of Operations authority delegated by the Commandant Resource Management (CG–DCO–R), § 2.01 ...... 1625–0002 is final agency action on the appeal. under the general direction and § 2.95–10 ...... 1625–0035 supervision of the Deputy Commandant § 3.10 ...... 1625–0014 § 1.03–40 [Amended] for Operations (CG–DCO), serves as Part 4 ...... 1625–0001 ■ 7. In § 1.03–40, remove the words Facility Manager for the marine safety Part 6 ...... 1625–0002 Part 10 ...... 1625–0040 ‘‘Director of Inspections and programs; coordinates and integrates Compliance (CG–5PC)’’ wherever they financial, informational, and human appear and add, in their place, the resources; plans, acquires, develops, ■ 6. Amend § 1.03–15 as follows: words ‘‘Director of Commercial and allocates resources for development ■ a. In paragraph (g), remove the words Regulations and Standards (CG–5PS)’’. and execution of the Coast Guard’s ‘‘Marine Safety and Environmental Protection’’ wherever they appear and marine safety programs; provides the PART 10—MERCHANT MARINER add, in their place, the words focal point for all resource issues in CREDENTIAL support of the Standards and Operations ‘‘Prevention Policy (CG–5P)’’; and ■ Directorates; and oversees the b. Revise paragraphs (h) introductory ■ 8. The authority citation for part 10 development and management of the text, (h)(2) and (3), and (j). continues to read as follows: Coast Guard’s direct user fee program. The revisions read as follows: (h) The Judge Advocate General and Authority: 14 U.S.C. 633; 31 U.S.C. 9701; § 1.03–15 General. 46 U.S.C. 2101, 2103, 2110; 46 U.S.C. chapter Chief Counsel of the Coast Guard (CG– 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter 094), under the general direction of and * * * * * (h) Formal appeals made to the 75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903, in coordination with the General 8904, and 70105; Executive Order 10173; Counsel, Department of Homeland Commandant must be addressed to: Department of Homeland Security Delegation Security, is the senior legal advisor to * * * * * No. 0170.1.

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43955

§ 10.103 [Amended] approval of the Director of the Federal § 15.103 Incorporation by reference. ■ 9. In § 10.103(a), remove the words Register under 5 U.S.C. 552(a) and 1 (a) Certain material is incorporated by ‘‘Commandant (CG–OES–1), Attn: CFR part 51. All approved material is reference into this part with the Marine Personnel Qualifications available for inspection at the Coast approval of the Director of the Federal Division’’ and add, in their place, the Guard, Office of Merchant Mariner Register under 5 U.S.C. 552(a) and 1 words ‘‘Office of Merchant Mariner Credentialing (CG–MMC), U.S. Coast CFR part 51. All approved material is Credentialing (CG–MMC)’’, and remove Guard, Stop 7509, 2703 Martin Luther available for inspection at the Coast the numbers ‘‘202–372–1405’’ and add, King Jr. Avenue SE., Washington, DC Guard, Office of Merchant Mariner in their place, the numbers ‘‘202–372– 20593–7509, and is available from the Credentialing (CG–MMC), U.S. Coast 1492’’. sources listed below. It is also available Guard, Stop 7509, 2703 Martin Luther for inspection at the National Archives King Jr. Avenue SE., Washington, DC § 10.408 [Amended] and Records Administration (NARA). 20593–7509, 202–372–1492, and is ■ 10. In § 10.408(c)(2), remove the For information on the availability of available from the sources listed below. letters ‘‘CG–CVC’’ and add, in its place, this material at NARA, call 202–741– It is also available for inspection at the the letters ‘‘CG–MMC’’. 6030 or go to http://www.archives.gov/ National Archives and Records federal_register/code_of_federal_ Administration (NARA). For PART 11—REQUIREMENTS FOR regulations/ibr_locations.html. information on the availability of this OFFICER ENDORSEMENTS * * * * * material at NARA, call 202–741–6030 or go to http://www.archives.gov/federal_ ■ 11. The authority citation for part 11 PART 13—CERTIFICATION OF register/code_of_federal_regulations/ continues to read as follows: TANKERMEN ibr_locations.html. Authority: 14 U.S.C. 633; 31 U.S.C. 9701; * * * * * 46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. ■ 15. The authority citation for part 13 Dated: June 27, 2016. chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, continues to read as follows: and 70105; Executive Order 10173; J.G. Lantz, Department of Homeland Security Delegation Authority: 46 U.S.C. 3703, 7317, 8105, Director of Commercial Regulations and No. 0170.1. Section 11.107 is also issued 8703, 9102; Department of Homeland Standards, U.S. Coast Guard. under the authority of 44 U.S.C. 3507. Security Delegation No. 0170.1. [FR Doc. 2016–15660 Filed 7–5–16; 8:45 am] ■ 12. In § 11.102, revise paragraph (a) to ■ 16. In § 13.103, revise paragraph (a) to BILLING CODE 9110–04–P read as follows: read as follows: § 11.102 Incorporation by reference. § 13.103 Incorporation by reference. FEDERAL COMMUNICATIONS (a) Certain material is incorporated by COMMISSION reference into this part with the (a) Certain material is incorporated by approval of the Director of the Federal reference into this part with the 47 CFR Part 73 Register under 5 U.S.C. 552(a) and 1 approval of the Director of the Federal CFR part 51. All approved material is Register under 5 U.S.C. 552(a) and 1 [MB Docket No. 16–93; RM–11764; DA 16– available for inspection at the Coast CFR part 51. All approved material is 713] available for inspection at the Coast Guard, Office of Merchant Mariner Television Broadcasting Services; Guard, Office of Merchant Mariner Credentialing (CG–MMC), U.S. Coast Tolleson, Arizona Guard, Stop 7509, 2703 Martin Luther Credentialing (CG–MMC), U.S. Coast King Jr. Avenue SE., Washington, DC Guard, Stop 7509, 2703 Martin Luther AGENCY: Federal Communications 20593–7509, 202–372–1492, and is King Jr. Avenue SE., Washington, DC Commission. available from the sources listed below. 20593–7509, 202–372–1492, and is ACTION: Final rule. It is also available for inspection at the available from the sources listed below. National Archives and Records It is also available for inspection at the SUMMARY: A petition for rulemaking was Administration (NARA). For National Archives and Records filed by America 51, L.P. (America 51), information on the availability of this Administration (NARA). For the licensee of KPPX–TV, channel 51, material at NARA, call 202–741–6030 or information on the availability of this Tolleson, Arizona, requesting the go to http://www.archives.gov/federal_ material at NARA, call 202–741–6030 or substitution of channel 31 for channel register/code_of_federal_regulations/ go to http://www.archives.gov/federal_ 51 at Tolleson. America 51 filed ibr_locations.html. register/code_of_federal_regulations/ comments reaffirming its interest in the _ * * * * * ibr locations.html. proposed channel substitution and * * * * * stated that if the proposal is granted, it PART 12—REQUIREMENTS FOR will promptly file an application for the RATING ENDORSEMENTS PART 15—MANNING REQUIREMENTS facilities specified in the rulemaking petition and construct the station. ■ 13. The authority citation for part 12 ■ 17. The authority citation for part 15 America 51 asserts that adopting the continues to read as follows: continues to read as follows: proposed channel substitution would serve the public interest because it Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, Authority: 46 U.S.C. 2101, 2103, 3306, 2103, 2110, 7301, 7302, 7503, 7505, 7701, would remove any potential 3703, 8101, 8102, 8104, 8105, 8301, 8304, and 70105; Department of Homeland interference with authorized wireless 8502, 8503, 8701, 8702, 8901, 8902, 8903, Security Delegation No. 0170.1. operations in the Lower 700 MHz A 8904, 8905(b), 8906, 9102, and 8103; sec. ■ 14. In § 12.103, revise paragraph (a) to 617, Pub. L. 111–281, 124 Stat. 2905; and Block adjacent to channel 51 in the read as follows: Department of Homeland Security Delegation Phoenix, Arizona market. In addition, No. 0170.1. America 51 agrees that KPPX–TV will § 12.103 Incorporation by reference. be protected in the incentive auction at (a) Certain material is incorporated by ■ 18. In § 15.103, revise paragraph (a) to its channel 51 operating parameters reference into this part with the read as follows: even after its move to channel 31, and

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43956 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

recognizes that as a result of repacking § 73.622 [Amended] statutory reimbursement mandate to during the incentive auction, it may be ■ 2. Section 73.622(i), the Post- include ‘‘costs reasonably incurred’’ required to move from channel 31. Transition Table of DTV Allotments before and during the auction that DATES: This rule is effective July 6, under Arizona is amended by removing otherwise are eligible for 2016. channel 51 and adding channel 31 at reimbursement. Consistent with the Tolleson. Spectrum Act, only stations that FOR FURTHER INFORMATION CONTACT: ultimately are reassigned to a new [FR Doc. 2016–15971 Filed 7–5–16; 8:45 am] Joyce Bernstein, Joyce.Bernstein@ channel in their pre-auction band in the fcc.gov, Media Bureau, (202) 418–1647. BILLING CODE 6712–01–P repacking process will be eligible for SUPPLEMENTARY INFORMATION: This is a reimbursement of expenses incurred synopsis of the Commission’s Report FEDERAL COMMUNICATIONS before and during the auction, which and Order, MB Docket No. 16–93, COMMISSION will be subject to the same adopted June 28, 2016, and released reimbursement process as post-auction June 28, 2016. The full text of this 47 CFR Chapter I expenses. This document does not document is available for public contain new or modified information inspection and copying during normal [GN 12–268; FCC 16–47] collection requirements subject to the business hours in the FCC’s Reference Declaratory Ruling About Paperwork Reduction Act of 1995 Information Center at Portals II, CY– Reimbursement of Pre-Auction (PRA), Public Law 104–13. In addition, A257, 445 12th Street SW., Washington, Expenses therefore, it does not contain any new DC 20554. This document will also be or modified information collection available via ECFS (http:// AGENCY: Federal Communications burden for small business concerns with fjallfoss.fcc.gov/ecfs/). To request Commission. fewer than 25 employees, pursuant to materials in accessible formats for ACTION: Declaratory ruling. the Small Business Paperwork Relief people with disabilities (braille, large Act of 2002, Public Law 107–198, see 44 print, electronic files, audio format), SUMMARY: In this Declaratory Ruling, the U.S.C. 3506(c)(4). The Commission will send an email to [email protected] or call Commission determined that the not send a copy of this Declaratory the Consumer & Governmental Affairs Spectrum Act’s reimbursement mandate Ruling to Congress and the Government Bureau at 202–418–0530 (voice), 202– encompasses ‘‘costs reasonably Accountability Office pursuant to the 418–0432 (tty). incurred’’ prior to the close of the Congressional Review Act, see 5 U.S.C. This document does not contain auction that otherwise are eligible for 801(a)(1)(A) because no rules are being information collection requirements reimbursement. adopted by the Commission. subject to the Paperwork Reduction Act DATES: This Declaratory Ruling is Federal Communications Commission. of 1995, Public Law 104–13. In addition, effective July 6, 2016. This Declaratory Gloria J. Miles, therefore, it does not contain any Ruling was applicable upon release by information collection burden ‘‘for the Commission, April 18, 2016. Federal Register Liaison Officer, Office of the Secretary. small business concerns with fewer than FOR FURTHER INFORMATION CONTACT: [FR Doc. 2016–15870 Filed 7–5–16; 8:45 am] 25 employees,’’ pursuant to the Small Pamela Gallant, 202–418–0614. BILLING CODE 6712–01–P Business Paperwork Relief Act of 2002, SUPPLEMENTARY INFORMATION: The Public Law 107–198, see 44 U.S.C. Spectrum Act requires the Commission 3506(c)(4). Provisions of the Regulatory to reimburse broadcast television GENERAL SERVICES Flexibility Act of 1980 do not apply to licensees and multichannel video ADMINISTRATION this proceeding. programming distributors (MVPDs), The Commission will send a copy of respectively, for ‘‘costs reasonably 48 CFR Parts 538 and 552 this Report and Order in a report to be incurred’’ in relocating to new channels sent to Congress and the Government assigned in the repacking process and in [GSAR–TA–02; Docket No. 2014–0008; Accountability Office pursuant to the order to continue to carry the signals of Sequence No. 1] Congressional review Act, see 5 U.S.C. stations relocating to new channels. In RIN 3090–AJ43 801(a)(1)(A). the Incentive Auction R&O, the List of Subjects in 47 CFR Part 73 Commission established a process that General Services Administration requires eligible entities seeking Acquisition Regulation (GSAR); Television. reimbursement to provide an estimate of Technical Amendments Federal Communications Commission. their eligible costs following the close of AGENCY: General Services Barbara A. Kreisman, the forward auction and the release of Administration (GSA). Chief, Video Division, Media Bureau. the Channel Reassignment PN. The Commission did not address in the ACTION: Final rule. Final rule Incentive Auction R&O whether pre- auction expenses are eligible for SUMMARY: The General Services For the reasons discussed in the Administration (GSA) is amending the preamble, the Federal Communications reimbursement. Interested parties asked for clarification whether expenses General Services Administration Commission amends 47 CFR part 73 as Acquisition Regulation (GSAM) to make follows: incurred before the auction closes and the repacking results are announced are revisions made to GSAR Case 2010– PART 73—RADIO BROADCAST eligible for reimbursement, explaining G511—Federal Supply Schedules: SERVICES that uncertainty regarding this issue Purchasing by Non-Federal Entities, discourages advance work that could be which was published in the Federal ■ 1. The authority citation for part 73 performed to expedite the post-auction Register on June 6, 2016. continues to read as follows: transition for stations that are reassigned DATES: Effective: July 6, 2016. Authority: 47 U.S.C. 154, 303, 334, 336, to new channels. In this Declaratory FOR FURTHER INFORMATION CONTACT: Ms. and 339. Ruling, the Commission interprets the Dana Munson, General Services

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43957

Acquisition Policy Division, at 202– ■ c. Redesignating Alternate II as DEPARTMENT OF COMMERCE 357–9652, for clarification of content. Alternate I. For information pertaining to status or [FR Doc. 2016–15899 Filed 7–5–16; 8:45 am] National Oceanic and Atmospheric Administration publication schedules, contact the BILLING CODE 6920–14–P Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 50 CFR Part 648 20405, 202–501–4755. Please cite DEPARTMENT OF TRANSPORTATION [Docket No. 151210999–6348–02] GSAR–TA–02; Technical Amendments. RIN 0648–XE709 SUPPLEMENTARY INFORMATION: GSA Federal Motor Carrier Safety published a document in the Federal Administration Fisheries of the Northeastern United Register at 81 FR 36425, on June 6, 2016 States; Atlantic Sea Scallop Fishery; that was effective on July 6, 2016. Since 49 CFR Part 392 Closure of the Mid-Atlantic Access these changes were published, further [Docket No. FMCSA–2015–0396] Area to General Category Individual revisions were made to the affected Fishing Quota Scallop Vessels regulations by a document posted in the RIN 2126–AB87 Federal Register at 81 FR 41103 that AGENCY: National Marine Fisheries Driving of Commercial Motor Vehicles: was effective on June 23, 2016. Service (NMFS), National Oceanic and Use of Seat Belts; Correction Therefore, conforming changes are being Atmospheric Administration (NOAA), made to correct 48 CFR parts 538 and AGENCY: Federal Motor Carrier Safety Commerce. 552. Administration, DOT. ACTION: Temporary rule; closure. List of Subjects in 48 CFR Parts 538 and ACTION: Final rule; correction. SUMMARY: NMFS announces that the 552 SUMMARY: FMCSA corrects an error in Mid-Atlantic Scallop Access Area will close to Limited Access General Government procurement. its June 7, 2016, final rule ‘‘Driving of Commercial Motor Vehicles: Use of Seat Category Individual Fishing Quota Dated: June 29, 2016. Belts.’’ The amendatory language in the scallop vessels for the remainder of the Jeffrey A. Koses, final rule inadvertently limited the 2016 fishing year as of the effective date Senior Procurement Executive, Office of applicability of the requirement for below. After the effective date, no vessel Acquisition Policy, Office of Government- drivers to use their seat belts to issued a Limited Access General wide Policy. operators of property-carrying vehicles. Category Individual Fishing Quota Therefore, GSA amends 48 CFR parts Today’s correction fixes the error such permit may fish for, possess, or land 538 and 552 as set forth below: that drivers of passenger-carrying scallops from the Mid-Atlantic Scallop ■ 1. The authority citation for 48 CFR vehicles will continue to be required to Access Area. Regulations require this parts 538 and 552 continues to read as wear their seat belts. action once it is projected that 100 percent of trips allocated to the Limited follows: DATES: Effective August 8, 2016. Access General Category Individual FOR FURTHER INFORMATION CONTACT: Authority: 40 U.S.C. 121(c). Fishing Quota scallop vessels for the Charles A. Horan, Director; Carrier, PART 538—FEDERAL SUPPLY Mid-Atlantic Scallop Access Area will Driver, and Vehicle Safety Standards, be taken. SCHEDULE CONTRACTING Office of Policy, Federal Motor Carrier DATES: Effective 0001 hr local time, July ■ Safety Administration, 1200 New Jersey 2. Amend section 538.273 by Avenue SE., Washington, DC 20590– 4, 2016, through February 28, 2017. removing from paragraph (b)(1) 0001 or by telephone at (202) 366–5370. FOR FURTHER INFORMATION CONTACT: ‘‘Alternate II’’ and adding ‘‘Alternate I’’ Shannah Jaburek, Fishery Management SUPPLEMENTARY INFORMATION: The in its place; and revising paragraph Specialist, (978) 282–8456. (b)(2) to read as follows: Federal Motor Carrier Safety Administration published a document SUPPLEMENTARY INFORMATION: The reader 538.273 Contract clauses. in the Federal Register of June 7, 2016 can find regulations governing fishing activity in the Sea Scallop Access Areas * * * * * (81 FR 36474). In FR Doc. 2016–13099, in 50 CFR 648.59 and 648.60. These (b) * * * published in the Federal Register of June 7, 2016, (81 FR 36474), § 392.16(a) regulations authorize vessels issued a (2) 552.238–75, Price Reductions. Use was amended to inadvertently include valid Limited Access General Category Alternate I for Federal Supply the phrase ‘‘property-carrying.’’ This (LAGC) Individual Fishing Quota (IFQ) Schedules with Transactional Data correction removes the phrase scallop permit to fish in the Mid- Reporting requirements. This alternate ‘‘property-carrying.’’. Atlantic Scallop Access Area under clause is used when vendors agree to specific conditions, including a total of include clause 552.238–74 Alternate I in § 392.16 [Corrected] 2,068 trips that may be taken by LAGC the contract. ■ In rule FR Doc. 2016–13099, IFQ vessels during the 2016 fishing * * * * * published on June 7, 2016 (81 FR 36474) year. Section 648.60(g)(3)(iii) requires make the following correction. On page the Mid-Atlantic Scallop Access Area to PART 552—SOLICITATION 36479, in the third column, remove the be closed to LAGC IFQ permitted PROVISIONS AND CONTRACT words ‘‘property-carrying’’ from where vessels for the remainder of the fishing CLAUSES it appears twice in paragraph (a) of year once the NMFS Greater Atlantic 552.238–75 [Amended] § 392.16. Regional Administrator determines that the allowed number of trips for fishing ■ 3. Amend section 552.238–75 by— Issued on: June 28, 2016. year 2016 are projected to be taken. ■ a. Removing from paragraph (c)(2) Larry W. Minor, Based on trip declarations by LAGC ‘‘Government’’ and adding ‘‘eligible Associate Administrator for Policy. IFQ scallop vessels fishing in the Mid- ordering activity’’ in its place; [FR Doc. 2016–15941 Filed 7–5–16; 8:45 am] Atlantic Scallop Access Area, and ■ b. Removing Alternate I; and BILLING CODE 4910–EX–P analysis of fishing effort, NMFS projects

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43958 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations

that 2,068 trips will be taken as of July Mid-Atlantic Access Area opened for Area. Excessive trips and harvest from 4, 2016. Therefore, in accordance with the 2016 fishing year on April 1, 2016. the Mid-Atlantic Scallop Access Area § 648.60(g)(3)(iii), NMFS is closing the The regulations at § 648.60(g)(3)(iii) would result in excessive fishing effort Mid-Atlantic Scallop Access Area is require this closure to ensure that LAGC in the area, where effort controls are closed to all LAGC IFQ scallop vessels IFQ scallop vessels do not take more critical, thereby undermining as of July 4, 2016. No vessel issued an than their allocated number of trips in conservation objectives of the Atlantic LAGC IFQ permit may fish for, possess, the Mid-Atlantic Scallop Access Area. Sea Scallop Fishery Management Plan or land scallops in or from the Mid- The projections of the date on which the and requiring more restrictive future Atlantic Scallop Access Area after 0001 LAGC IFQ fleet will have taken all of its management measures. Also, the public local time, July 4, 2016. Any LAGC IFQ allocated trips in an Access Area had prior notice and full opportunity to vessel that has declared into the Mid- become apparent only as trips into the comment on this closure process when Atlantic Access Area scallop fishery, area occur on a real-time basis and as we put these provisions in place. complied with all trip notification and activity trends begin to appear. As a Current regulations prohibit LAGC IFQ observer requirements, and crossed the result, NMFS can only make an accurate scallop vessels from fishing for, vessel monitoring system demarcation projection very close in time to when possessing, or landing scallops from this line on the way to the area before 0001, the fleet has taken all of its trips. In area after the effective date of this July 4, 2016, may complete its trip. This order to propose a closure for purposes notification published in the Federal closure is in effect for the remainder of of receiving prior public comment, Register. NMFS further finds, pursuant the 2016 scallop fishing year. NMFS would need to make a projection to 5 U.S.C 553(d)(3), good cause to based on very little information, which waive the 30-day delayed effectiveness Classification would result in a closure too early or too period for the reasons stated above. This action is required by 50 CFR part late. To allow LAGC IFQ scallop vessels Authority: 16 U.S.C. 1801 et seq. 648 and is exempt from review under to continue to take trips in the Mid- Executive Order 12866. Atlantic Scallop Access Area during the Dated: June 30, 2016. NMFS finds good cause pursuant to 5 period necessary to publish and receive Emily H. Menashes, U.S.C. 553(b)(B) to waive prior notice comments on a proposed rule would Acting Director, Office of Sustainable and the opportunity for public comment likely result in vessels taking much Fisheries, National Marine Fisheries Service. because it would be contrary to the more than the allowed number of trips [FR Doc. 2016–15952 Filed 6–30–16; 4:15 pm] public interest and impracticable. The in the Mid-Atlantic Scallop Access BILLING CODE 3510–22–P

VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43959

Proposed Rules Federal Register Vol. 81, No. 129

Wednesday, July 6, 2016

This section of the FEDERAL REGISTER this document describes a different decommissioning planning process by contains notices to the public of the proposed method for submitting comments on a addressing remediation of residual issuance of rules and regulations. The specific subject): radioactivity during the operational purpose of these notices is to give interested • Federal Rulemaking Web site: Go to phase with the objective of avoiding persons an opportunity to participate in the http://www.regulations.gov and search complex decommissioning challenges rule making prior to the adoption of the final rules. for Docket ID NRC–2011–0162. Address that can lead to legacy sites.’’ To assist questions about NRC dockets to Carol in this process, the NRC staff held a Gallagher; telephone: 301–415–3463; public Webinar on July 25, 2011, during NUCLEAR REGULATORY email: [email protected]. For which input on a draft regulatory basis COMMISSION technical questions, contact the and a set of defined questions individual listed in the FOR FURTHER concerning a potential rulemaking was 10 CFR Part 20 INFORMATION CONTACT section of this obtained from members of the public, [NRC–2011–0162] document. licensees, Agreement States, non- • Mail comments to: Cindy Bladey, Agreement States, and other interested RIN 3150–AJ17 Office of Administration, Mail Stop: persons. Additionally, interested OWFN–12–H08, U.S. Nuclear persons were afforded an opportunity to Consideration of Rulemaking To Regulatory Commission, Washington, provide written comments on the same Address Prompt Remediation of DC 20555–0001. issues (see 76 FR 42074; July 18, 2011). Residual Radioactivity During For additional direction on accessing Based upon this input, the NRC staff Operation information and submitting comments, revised its Draft Regulatory Basis AGENCY: Nuclear Regulatory see ‘‘Obtaining Information and (ADAMS Accession No. ML13109A281). Commission. Submitting Comments’’ in the Subsequently, in SRM–SECY–12– SUPPLEMENTARY INFORMATION ACTION: Notice of public Webinar and section of 0046—Options for Revising the request for comment. this document. Regulatory Approach to Groundwater FOR FURTHER INFORMATION CONTACT: Protection (ADAMS Accession No. SUMMARY: The U.S. Nuclear Regulatory Marlayna Vaaler, Office of Nuclear ML121450704), the Commission Commission (NRC) is seeking additional Material Safety and Safeguards, U.S. directed the staff to continue the current input from the public, licensees, Nuclear Regulatory Commission, regulatory approach for groundwater Agreement States, non-Agreement Washington, DC 20555–0001; telephone: protection, including the recently States, and other stakeholders on the 301–415–3178; email: imposed requirements contained in the need for potential rulemaking to address [email protected]. DPR, and to solicit public comments on prompt remediation of residual SUPPLEMENTARY INFORMATION: the technical basis for a proposed radioactivity during the operational prompt remediation rule. The phase at licensed material sites and I. Background Commission also directed the staff to nuclear reactors. The NRC has not The NRC published the evaluate the pros and cons of moving initiated a rulemaking, but is gathering Decommissioning Planning Rule (DPR) forward with a proposed prompt information and seeking stakeholder in 2011 (76 FR 33512; June 17, 2011) remediation rulemaking, including the input on this subject for developing a with an effective date of December 17, staff’s initial analysis of whether the recommendation to the Commission 2012. The DPR applies to the cost/benefit analysis satisfies the backfit regarding the need for further operational phase of a licensed facility, requirements. The staff conducted an rulemaking. To aid in this process, the and requires licensees to operate in a additional public meeting and Webinar NRC is requesting comments on the way to minimize spills, leaks, and other on June 4, 2013 (see 78 FR 33008; June issues discussed in Section II, ‘‘Specific unplanned releases of radioactive 3, 2013), and subsequently evaluated Questions,’’ in the Supplementary contaminants into the environment. It stakeholder comments. From this Information section of this document. also requires licensees to check information, the staff identified the Additionally, the NRC will hold a periodically for radiological following three options for potential public Webinar and host a public contamination throughout the site, rulemaking on prompt remediation meeting to facilitate the public’s and including subsurface soil and during the operational phase of facility other stakeholders’ understanding of groundwater. The DPR does not have a life: (1) Proceed with rulemaking; (2) do these issues and the submission of mandatory requirement for licensees to not proceed with rulemaking; or (3) comments. conduct radiological remediation during collect 2 years of information from DATES: The public Webinar and meeting operation. In the Staff Requirements implementation of the DPR before will be held in Rockville, Maryland on Memorandum (SRM), SRM–SECY–07– making a staff recommendation for July 11, 2016, from 1:00 p.m. to 4:00 0177—Proposed Rule: Decommissioning potential rulemaking. p.m. (EDT) to solicit public and Planning (10 CFR parts 20, 30, 40, 50, As a result of the ongoing discussions stakeholder feedback. Submit comments 70, and 72; RIN: 3150–AH45) regarding the need for a prompt on the issues discussed in this (Agencywide Documents Access and remediation regulation, SRM–SECY–13– document by August 22, 2016. Management System (ADAMS) 0108—Staff Recommendations for Comments received after this date will Accession No. ML073440549) that Addressing Remediation of Residual be considered if it is practical to do so. approved the proposed DPR, the Radioactivity During Operations ADDRESSES: You may submit comment Commission directed the staff to ‘‘make (ADAMS Accession No. ML13354B759), by any of the following methods (unless further improvements to the instructed the staff to ‘‘collect 2 years of

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43960 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

additional data from the rulemaking to address remediation of over the Internet. Participants must implementation of the DPR. After residual radioactivity during the register to participate in the Webinar. collection and evaluation of the data operational phase? Why or why not? Registration information may be found and engaging stakeholders in a public 3. If the NRC does implement a rule in the meeting notice (ADAMS meeting focused on operational that requires prompt remediation of Accession No. ML16179A220). The experience from implementation of the radioactive spills and leaks, what meeting notice can also be accessed Decommissioning Planning Rule, the concentration, dose limits, or other through the NRC’s public Web site staff should provide to the Commission threshold limits should trigger prompt under the heading for Public Meetings; a paper with the staff’s recommendation remediation? Should the thresholds see Web page http://meetings.nrc.gov/ for addressing remediation of residual differ for soil versus groundwater pmns/mtg. Those who are unable to radioactivity at licensed facilities during contamination? participate via Webinar may also the operational phase of the facility.’’ 4. Should the NRC allow licensees to participate via teleconference. For Now that the data collection period on justify delaying remediation under details on how to participate via the implementation of the DPR has certain conditions when the teleconference, please contact Marlayna come to a close, the NRC staff is contaminant level exceeds the threshold Vaaler; telephone: 301–415–3178; email: collecting supplementary input from the limit? If yes, then what conditions [email protected]. public and other interested stakeholders should be used to justify a delayed to inform the staff’s recommendation to remediation? IV. Accessing Information and the Commission regarding the need for 5. Should factors such as safety, Submitting Comments additional rulemaking requiring prompt operational impact, and cost be a basis A. Accessing Information remediation during operation. for delaying remediation? 6. If the NRC implements a rule that Please refer to Docket ID NRC–2011– II. Specific Questions allows licensees to analyze residual 0162 when contacting the NRC about Currently, there are no NRC radioactivity to justify delaying the availability of information regarding regulations that require licensees to remediation, then what should the this document. You may access promptly remediate radiological licensee’s analysis cover? For example, information related to this document, contamination. To enhance stakeholder what kind of dose assessment, risk- which the NRC possesses and is engagement in making a assessments, and/or cost-benefit publicly available, by any of the recommendation to the Commission following methods: analyses should be performed to justify • regarding whether additional delayed remediation? What other types Federal Rulemaking Web site: Go to rulemaking in this area is warranted, the of analyses are relevant to this process? http://www.regulations.gov and search staff is holding a Webinar, hosting a 7. If the NRC implements a rule that for Docket ID NRC–2011–0162. • public meeting, and requesting feedback allows licensees to analyze residual NRC’s Agencywide Documents on the following questions to facilitate radioactivity to justify delaying Access and Management System discussion with, and solicit input from, remediation, what role should the cost (ADAMS): You may access publicly interested stakeholders. of prompt remediation versus available documents online in the NRC The NRC has asked many of the remediation at the time of Library at http://www.nrc.gov/reading- following questions before, and received decommissioning play in the analysis? rm/adams.html. To begin the search, some public input. Several commenters What are the overall costs and benefits select ‘‘ADAMS Public Documents’’ and stated that an additional rule for prompt of prompt remediation of residual then select ‘‘Begin Web-based ADAMS remediation is not necessary; and that radioactivity? Search.’’ For problems with ADAMS, issues can be addressed either by 8. If the NRC implements a rule that please contact the NRC’s Public existing rules or by site-specific action. allows licensees to analyze residual Document Room (PDR) reference staff at Others stated the proposed thresholds radioactivity to justify delaying 1–800–397–4209, 301–415–4737, or by are not appropriate and that interim remediation, what standards or criteria email to [email protected]. The remediation is not cost effective. Those should a licensee use to demonstrate to ADAMS accession number for each who supported an additional rule the NRC that a sufficient justification to document referenced in this document pointed to cases where there is delay remediation has been met? (if that document is available in significant contamination, and drew 9. Are there any other alternatives ADAMS) is provided the first time that parallels to other regulations that beyond those discussed in the Draft a document is referenced. require early cleanup, such as the Regulatory Basis document that the NRC • NRC’s PDR: You may examine and Resource Conservation and Recovery should have considered to address purchase copies of public documents at Act. The NRC is now seeking further prompt remediation? the NRC’s PDR, Room O1–F21, One stakeholder input on these questions 10. What other issues should the NRC White Flint North, 11555 Rockville given the approximately 3 years that staff consider in developing a technical Pike, Rockville, Maryland 20852. have passed since implementation of basis for a potential rulemaking to B. Submitting Comments the DPR: address prompt remediation of residual 1. Given the information on site radioactivity during site operation? Please include Docket ID NRC–2011– radiological contamination gained as a 0162 in the subject line of your result of the implementation of the III. Public Webinar comment submission, in order to ensure Decommissioning Planning Rule, To facilitate the understanding of the that the NRC is able to make your should the NRC proceed with additional public and other stakeholders of these comment submission available to the rulemaking to address remediation of issues and the submission of comments, public in this docket. residual radioactivity during the the NRC staff has scheduled a public The NRC cautions you not to include operational phase? Why or why not? Webinar for July 11, 2016, from 1:00 identifying or contact information that 2. Based on the information on site p.m. to 4:00 p.m. (EDT). Webinar you do not want to be publicly contamination obtained from facilities participants will be able to view the disclosed in you comment submission. that have entered decommissioning, presentation slides prepared by the NRC The NRC will post all comment should the NRC proceed with additional and electronically submit comments submissions at http://

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43961

www.regulations.gov as well as enter the for certain types of shipments to ensure October 31, 2002. Its purpose was to comment submissions into ADAMS. that the party that has the best access to enable CBP to identify high-risk cargo The NRC does not routinely edit the required information will be the before the vessel arrived in the United comment submissions to remove party that is responsible for filing the States. identifying or contact information. ISF. Section 203 of the Security and If you are requesting or aggregating DATES: Comments must be received on Accountability for Every Port Act of comments from other persons for or before September 6, 2016. 2006 (Pub. L. 109–347, 120 Stat. 1884 submission to the NRC, then you should (SAFE Port Act)) directed the Secretary FOR FURTHER INFORMATION CONTACT: inform those persons not to include of Homeland Security, acting through Peyman Jamshidi, Program Manager, identifying or contact information that the Commissioner of CBP, to promulgate Vessel Manifest and Importer Security regulations to ‘‘require the electronic they do not want to be publicly Filing, Office of Cargo and Conveyance transmission to the Department [of disclosed in their comment submission. Security, Office of Field Operations by Homeland Security] of additional data Your request should state that the NRC email at: PEYMAN.JAMSHIDI@ elements for improved high-risk does not routinely edit comment cbp.dhs.gov. submissions to remove such information targeting, including appropriate security before making the comment ADDRESSES: You may submit comments, elements of entry data, as determined by submissions available to the public or identified by docket number, by one of the Secretary, to be provided as the following methods: advanced information with respect to entering the comment submissions into • ADAMS. Federal eRulemaking Portal: http:// cargo destined for importation into the www.regulations.gov. Follow the United States prior to loading of such Dated at Rockville, Maryland, this 28th day instructions for submitting comments of June, 2016. cargo on vessels at foreign seaports.’’ via docket number USCBP–2016–0040. Pursuant to this Act, and section 343(a) For the Nuclear Regulatory Commission, • Mail: Border Security Regulations of the Trade Act of 2002 (19 U.S.C. 2071 Andrea L. Kock, Branch, Regulations and Rulings, Office note), CBP published an NPRM in the Deputy Director, Division of of International Trade, U.S. Customs Federal Register on January 2, 2008 (73 Decommissioning, Uranium Recovery and and Border Protection, 90 K Street NE., FR 90), proposing to require importers Waste Programs, Office of Nuclear Material 10th Floor, Washington, DC 20229– and carriers to submit additional Safety and Safeguards. 1177. information pertaining to maritime [FR Doc. 2016–15949 Filed 7–5–16; 8:45 am] Instructions: All submissions received cargo before the cargo is loaded on a BILLING CODE 7590–01–P must include the agency name and vessel that is destined to the United docket number for this rulemaking. All States. The trade gave the proposed rule comments received will be posted the shorthand name ‘‘10 + 2’’, which DEPARTMENT OF HOMELAND without change to http:// references the number of advance data SECURITY www.regulations.gov, including any elements CBP was proposing to collect. personal information provided. For Importers, described in the proposed U.S. Customs and Border Protection detailed instructions on submitting rule as Importer Security Filing comments and additional information Importers, would generally be required 19 CFR Part 149 on the rulemaking process, see the to submit 10 additional data elements [USCBP–2016–0040] ‘‘Public Participation’’ heading of the (the 10 of ‘‘10 + 2’’). Carriers would SUPPLEMENTARY INFORMATION section of generally be required to submit two RIN 1651–AA98 this document. additional data elements (the 2 of ‘‘10 + Docket: For access to the docket to 2’’). Definition of Importer Security Filing read background documents or Importer On November 25, 2008, CBP comments received, go to http:// published an interim final rule and AGENCY: U.S. Customs and Border www.regulations.gov. Submitted solicitation of comments in the Federal Protection, DHS. comments may also be inspected during Register (73 FR 71730, CBP Decision ACTION: Notice of proposed rulemaking. regular business days between the hours 08–46). The interim final rule was of 9:00 a.m. and 4:30 p.m. at the Office effective on January 26, 2009. However, SUMMARY: The Importer Security Filing of International Trade, Regulations and a delayed compliance period of at least and Additional Carrier Requirements Rulings, U.S. Customs and Border 12 months was provided to allow regulations were implemented in 2009 Protection, 90 K Street NE., 10th Floor, industry sufficient time to comply with as an interim final rule to improve Washington, DC 20229–1177. the new requirements. CBP’s ability to identify high-risk Arrangements to inspect submitted The interim final rule finalized most shipments in order to prevent smuggling comments should be made in advance of the provisions of the NPRM, and improve cargo safety and security. by calling Mr. Joseph Clark at (202) 325– including all the provisions relating to These regulations require certain cargo 0118. the carrier requirements. The only information to be submitted to CBP via SUPPLEMENTARY INFORMATION: portions of the NPRM that were not an Importer Security Filing (ISF) before finalized were the six importer data the cargo is loaded on a vessel that is Background elements for which CBP provided some destined to the United States. These After the terrorist attacks on flexibility regarding the time and/or regulations fulfill the requirements of September 11, 2001, CBP amended its manner of compliance. CBP solicited section 203 of the SAFE Port Act of regulations to require vessel carriers to public comments on the flexibilities 2006 and section 343 of the Trade Act electronically submit certain advance provided. CBP also invited comments of 2002, as amended by the Maritime cargo information, including cargo on the revised Regulatory Assessment Transportation Security Act of 2002. declarations, to CBP no later than 24 and Final Regulatory Flexibility The ISF Importer is the party that is hours before the cargo is laden aboard Analysis. CBP has not yet published a required to file the ISF. This notice of a vessel at a foreign port. See 19 CFR 4.7 final rule addressing the flexibilities and proposed rulemaking (NPRM) proposes and 4.7a. The rule was published in the the Regulatory Assessment and Final to expand the definition of ISF Importer Federal Register (67 FR 66318) on Regulatory Flexibility Analysis.

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43962 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

I. Summary of ISF Importer T&E shipments and for goods to be has not facilitated the sharing of Requirements delivered to a FTZ. necessary ISF information between NVOCCs and vessel operating carriers 1. Foreign Cargo Remaining on Board The interim final rule added a new and has not resulted in the filing of (FROB) part 149 to the CBP regulations, entitled accurate information. Rather, this Importer Security Filing. The Importer Under the current definition, the ISF procedure has resulted in unclear lines Security Filing regulations require ISF Importer for FROB shipments is the of responsibility and has hampered Importers, as defined in 19 CFR 149.1, carrier. The interim final rule clarified CBP’s enforcement of the ISF to transmit an ISF to CBP, for cargo that the carrier means the international requirements. other than foreign cargo remaining on carrier arriving in the United States, i.e., In an effort to increase compliance board (FROB), no later than 24 hours vessel operating carrier. See 73 FR and to ensure that the party that has before cargo is laden aboard a vessel 71743. The rationale for requiring the direct access to ISF information is the destined to the United States. The vessel operating carrier to provide the party responsible for submitting the ISF transmission of the ISF filing for FROB ISF for FROB shipments was that to CBP, CBP is proposing to broaden the is required any time prior to lading. ultimately it is the vessel operating definition of an ISF Importer for FROB ISF Importers, or their agents, must carrier that decides to transport the shipments to include NVOCCs. This submit 10 data elements to CBP for cargo to the United States. change is consistent with the shipments consisting of goods intended There is still much debate within the requirement of the SAFE Port Act, to be entered into the United States and shipping community about who should which provides that a requirement to goods intended to be delivered to a be the ISF importer for FROB provide information will be imposed on foreign trade zone (FTZ). See 19 CFR shipments. This debate stems from the the party most likely to have direct 149.3(a). ISF Importers, or their agents, relationship between vessel operating knowledge of that information.2 must submit five data elements to CBP carriers and non-vessel operating Broadening the definition of ISF for shipments consisting entirely of common carriers (NVOCCs).1 When a Importer to include NVOCCs is also FROB and shipments consisting entirely party wants to ship goods on a vessel, consistent with the general definition of goods intended to be transported as the party can either book the shipment that the ISF Importer means the party Immediate Exportation (IE) or directly with the vessel operating carrier causing the goods to arrive within the Transportation and Exportation (T&E) or it can use an NVOCC who acts as an limits of a port in the United States by in-bond shipments. See 19 CFR intermediary between the party vessel. The NVOCC acts as the party 149.3(b). shipping the goods and the vessel booking the shipment aboard the carrier operating carrier. and typically has advance knowledge of II. Proposed Amendment When a party books a FROB shipment the voyage’s itinerary, i.e., whether the directly with a vessel operating carrier, This rulemaking proposes to expand vessel will enter a U.S. port. By booking the vessel operating carrier has direct the definition of the Importer Security the shipment, the NVOCC is the party access to the required ISF data and is Filing (ISF) Importer. Currently, an ISF causing the goods to arrive in the United able to file the ISF information with Importer is generally defined in 19 CFR States. In these instances, not only will CBP. However, when a party uses an 149.1 as the party causing goods to the NVOCC be the party most able to NVOCC, the vessel operating carrier arrive within the limits of a port in the obtain the required ISF information, but frequently does not have access to the United States by vessel. it will be the party that causes the goods required ISF data elements. This is to arrive within the limits of a port in The regulation provides that generally because the NVOCC may not want to the United States as FROB cargo. the ISF Importer is the goods’ owner, share confidential business information In some circumstances, the vessel purchaser, consignee, or agent such as a with the vessel operating carrier, a operating carrier would be the party that licensed customs broker. However, the potential competitor. causes the goods to arrive in the United regulation limits the definition of ISF However, under the current definition States despite the NVOCC having Importer to certain named parties for of ISF Importer, the vessel operating booked the shipment. An example foreign cargo remaining on board carrier is always the ISF Importer for would be when an NVOCC books a (FROB), immediate exportation (IE), and FROB shipments, even though it may shipment not initially scheduled to transportation and exportation (T&E) in- not have access to the required arrive in the United States, but the bond shipments, and for merchandise information. In response to comments to vessel is diverted to the United States by being entered into a foreign trade zone the interim final rule, CBP addressed the vessel operating carrier. If the cargo (FTZ). For FROB cargo, the regulation the issue of the NVOCC not sharing remains on board the vessel at the U.S. provides that the ISF Importer is the necessary ISF information with the port and is not discharged until it carrier; for IE and T&E in-bond vessel operating carrier by clarifying arrives at the originally scheduled shipments, and goods to be delivered to that the NVOCC can submit the ISF foreign destination port, this would an FTZ, the regulation provides that the directly to CBP, if it does so as the ISF Importer is the party filing the IE, vessel operating carrier’s agent. See 73 2 The SAFE Port Act requires CBP to follow the T&E, or FTZ documentation. FR 71744. Based on CBP’s experience parameters listed in the Trade Act of 2002, which provides that ‘‘the requirement to provide particular Based on input from the trade as well with the ISF program, CBP has information shall be imposed on the party most as CBP’s analysis, CBP has concluded concluded that the procedure of having likely to have direct knowledge of that information. that these limitations do not reflect the NVOCC act as the agent of the vessel Where requiring information from the party with commercial reality and, in some cases, operating carrier for FROB shipments is direct knowledge of that information is not practicable, the regulations shall take into account designate a party as the ISF Importer not effective. The current requirement how, under ordinary commercial practices, even though that party has no information is acquired by the party on which the commercial interest in the shipment and 1 A non-vessel operating common carrier requirement is imposed, and whether and how such limited access to the ISF data. (NVOCC) means a common carrier that does not party is able to verify the information. Where operate the vessels by which the ocean information is not reasonably verifiable by the party Therefore, as explained below, CBP is transportation is provided, and is a shipper in its on which a requirement is imposed, the regulations proposing to expand the definition of relationship with an ocean common carrier. See 19 shall permit that party to transmit information on ISF Importer for FROB cargo, for IE and CFR 4.7(b)(3)(ii). the basis of what it reasonably believes to be true.’’

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43963

create FROB cargo. In this situation, the To address these issues, CBP is information to the ISF importer who vessel operating carrier would be the proposing to expand the definition of then sends it to CBP. Therefore, CBP is party that caused the cargo to arrive in ISF Importer for IE and T&E in-bond proposing to expand the definition of the United States and thus the party shipments, and for goods to be delivered ISF Importer for FROB cargo, for IE and responsible for filing the ISF. to an FTZ, to also include the goods’ T&E shipments and for goods to be owner, purchaser, consignee, or agent delivered to a FTZ. This change is 2. IE, T&E, and FTZ Cargo such as a licensed customs broker. consistent with the requirement of the As provided in 19 CFR 149.1(a), the These are the same parties that are SAFE Port Act, which provides that the ISF Importer for IE and T&E in-bond currently included within the definition requirement to file the ISF will be shipments and for shipments of goods to of ISF Importer for all shipments other imposed on the party most likely to be delivered to an FTZ is the party that than FROB, IE and T&E in-bond have direct knowledge of that files the IE, T&E, or FTZ documentation shipments, and goods to be delivered to information. with CBP. CBP believes that this a FTZ. By broadening the definition to This proposed rule would modify the definition needs to be broadened include these parties, the responsibility definition of the ISF Importer for FROB because often the party responsible for to file the ISF for IE, T&E, and FTZ cargo, for IE and T&E shipments, and for filing the ISF did not cause the goods to shipments will be with the party goods to be delivered to a FTZ. The arrive within the limits of a port in the causing the goods to enter the limits of current definition causes confusion and United States, but is a commercially a port in the United States and most confidentiality concerns. The current disinterested party at the time of filing likely to have access to the required ISF ISF Importer for FROB shipments is the and/or may not have access to the information and not with a vessel operating carrier. In cases where required ISF data. commercially disinterested party. the shipper uses an intermediary, i.e., NVOCC, the vessel operating carrier IE and T&E entries are frequently not III. Regulatory Analysis filed until after the cargo has arrived does not have access to certain of the within limits of a port in the United A. Executive Orders 12866 and 13563 required elements for confidentiality States. Therefore, there is not yet a party reasons—only the intermediary has this Executive Orders 13563 and 12866 information. In most cases, the NVOCC that files the IE or T&E documentation direct agencies to assess the costs and 24 hours prior to lading. In some cases, chooses to file this information directly benefits of available regulatory to CBP, sidestepping the confidentiality the party that will be responsible for alternatives and, if regulation is concerns, but the legal burden is on the filing the ISF has not yet been necessary, to select regulatory vessel operating carrier so some identified. In addition, in some cases, approaches that maximize net benefits NVOCCs feel pressured to share this the party that will file the IE or T&E (including potential economic, information with the carrier. This documentation has no commercial environmental, public health and safety regulation would define the ISF interest in the underlying merchandise effects, distributive impacts, and Importer for FROB cargo as the vessel and that party is a commercially equity). Executive Order 13563 operating carrier or the NVOCC. Under disinterested party 24 hours prior to emphasizes the importance of this regulation, the NVOCC, rather than lading. In these cases, the party filing quantifying both costs and benefits, of the vessel operating carrier, would be the IE or T&E entries with CBP did not reducing costs, of harmonizing rules, the ISF Importer if it is the party in cause the goods to arrive within the and of promoting flexibility. This possession of the required information. limits of a port in the United States and proposed rule is a ‘‘significant Likewise, the definition of ISF is not the party most likely to have regulatory action,’’ although not an Importer causes confusion for IE and direct knowledge of the required economically significant regulatory T&E cargo. The ISF Importer in these information. To address this problem, action, under section 3(f) of Executive cases is the filer of the IE or T&E the goods’ owner, purchaser, consignee, Order 12866. Accordingly, the Office of documentation. This causes confusion or agent such as a licensed customs Management and Budget has reviewed because the IE or T&E documentation broker will commonly file the ISF–10 this proposed regulation. often is not created until the cargo required for shipments intended to be Under current regulations, the party arrives in the United States. By contrast, entered into the United States, which required to submit ISF is the party ISF information must be submitted at consists of 10 data elements, as opposed causing the goods to enter the limits of least 24 hours prior to lading. The to the ISF–5 required for IE and T&E a port in the United States. However, proposed rule would expand the shipments, which consists of five data the regulation limits the definition for definition of ISF Importer for IE and elements. FROB, IE, and T&E shipments as well as T&E in-bond shipments to also include Similarly, for goods being entered into for merchandise being entered into a the goods’ owner, purchaser, consignee, an FTZ, the party filing the FTZ FTZ to certain named parties. Based on or agent such as a licensed customs documentation is frequently a input from the trade as well as CBP’s broker. The proposed rule would also commercially disinterested party and/or analysis, CBP has concluded that these make a similar change to the definition is not the party most able to obtain the limitations do not reflect commercial of the ISF Importer of FTZ cargo. With required information. For example, it is reality and, in some cases, designate a this change, the ISF Importer will be a common for the FTZ operator to file the party as the ISF Importer even though party with a bona fide interest in the FTZ documentation with CBP. that party has no commercial interest in commercial shipment and access to the However, the FTZ operator is commonly the shipment and limited access to the required data. not the party causing the goods to enter ISF data. In some cases, the party The modification of the definition of the limits of the port in the United responsible may not even be involved in ISF Importer will simply shift the legal States and is a commercially the importation at the time the ISF must responsibility in some cases for filing disinterested party 24 hours prior to be filed. This causes confusion in the the ISF from one party to another for a lading. As a result, the party responsible trade as to who is responsible for filing subset of the total cargo (FROB; IE and for filing the ISF is not the party most the ISF and raises confidentiality T&E; and FTZ cargo). For IE, T&E, and likely to have direct knowledge of the concerns as sometimes the private party FTZ cargo, the party who is currently required information. with the information gives the required to file the data may not yet

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43964 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

even be involved in the transaction at Therefore, to the extent this proposed B. Regulatory Flexibility Act the time the data must be submitted. In rule shifts the reporting burden from these cases another party that has the one party to the other, there will be a This section examines the impact of data such as the owner, purchaser, corresponding shift of $109.81 in the rulemaking on small entities as consignee, or agent often files the data, opportunity cost per filing. CBP lacks required by the Regulatory Flexibility though they are not legally obligated to data showing how often there would be Act (5 U.S.C. 603), as amended by the file it. Under this proposed rule, these a shift in the actual reporting burden as Small Business Regulatory Enforcement parties who have the data will be a result of this rule but it believes it to and Fairness Act of 1996. A small entity included in the definition of the party be very small and possibly zero. CBP may be a small business (defined as any responsible for filing the data. Since requests comment on this matter. independently owned and operated these parties are generally the ones For FROB, the ISF Importer must business not dominant in its field that currently submitting this data to CBP, currently either obtain the information qualifies as a small business per the this change will have no significant from a third party that has the necessary Small Business Act); a small not-for- impact. In some rare instances, this information or ask that the third party profit organization; or a small proposed rule may shift the burden of file the information directly to CBP. In governmental jurisdiction (locality with filing from one party to another. For some cases, the third party shares this fewer than 50,000 people). example, since the party currently information with the ISF Importer, but In the Interim Final Rule establishing responsible for filing may not be it usually files the data directly with the ISF requirements (73 FR 71730; involved in the transaction at the time CBP for confidentiality reasons. Under November 25, 2008, CBP Decision 08– the data must be submitted, it could be the proposed regulation, the party that 46; Docket Number USCBP–2007–0077), one of several parties (e.g., the owner, has access to the ISF information would CBP concluded that many importers of purchaser, consignee, or agent) that submit it directly to CBP. Since this containerized cargo are small entities. actually submits the information. Once third party is generally already The rule could affect any importer of this proposed rule is in effect, there will providing the ISF information through containerized cargo so it could have an be clarity as to which party is the current ISF Importer or directly to impact on a substantial number of small responsible, which could change who CBP, this rule will not add a significant entities. actually submits the data. In the vast burden to these entities. As described This impact, however, is very small. majority of cases, there will be no above, to the extent that this rule shifts The modification of the definition of ISF change in who submits the data, but it the reporting burden from one party to Importer will simply shift the legal is possible that there will be a change. the other, there will be a corresponding responsibility in some cases for filing To the extent that there is a change in shift of $109.81 in opportunity cost per the ISF from one party to another for a who actually submits the ISF data, there filing. CBP lacks data showing how subset of the total cargo (FROB; IE and will be a shift in the time burden to do often there would be a shift in the actual T&E; and FTZ cargo). For IE, T&E, and so from one party to the other. CBP reporting burden as a result of this rule FTZ cargo, the party who is currently estimates that submitting this but it believes it to be very small and required to file the data may not yet information takes 2.19 hours at a cost of possibly zero. CBP requests comment on even be involved in the transaction at $50.14 per hour.3 This loaded wage rate this matter. the time the data must be submitted. In was estimated by multiplying the This proposed rule benefits all parties these cases another party such as the Bureau of Labor Statistics’ (BLS) 2014 by eliminating the confusion owner, purchaser, consignee, or agent median hourly wage rate for Ship and surrounding the responsibility for the often files the data, though they are not Boat Captains and Operators ($32.73) by submission of ISF information. In legally obligated to file it. Under this the ratio of BLS’ average 2014 total addition, this rule would significantly proposed rule, these parties will be compensation to wages and salaries for reduce confidentiality concerns that included in the definition of the party Transportation and Material Moving may be caused by the current responsible for filing the data. Since occupations (1.5319), the assumed requirements. This rule would ensure these parties are currently submitting occupational group for ship and boat the party with the best access to the this data to CBP, this change will have captains and operators, to account for information is the party who files the no significant impact. For FROB, the ISF 45 non-salary employee benefits. information, which will improve the Importer must currently either obtain accuracy of the information CBP uses the information from a third party that 3 This differs from the estimated wage rate on the for targeting. Finally, eliminating a step has the necessary information or ask most recent supporting statement for this information collection: OMB Control Number 1651– in the transmission process (sending the that the third party file the information 0001, available at: http://www.reginfo.gov/public/ ISF information from the third party to directly to CBP. In some cases, the third do/PRAViewDocument?ref_nbr=201506-1651-003, the current ISF importer) will result in party shares this information with the which is based on outdated data. We will update CBP getting the information sooner. Any ISF Importer, but it usually files the data the wage rate in this supporting statement the next time the ICR is renewed. extra time can be used for more directly with CBP for confidentiality 4 Source of median wage rate: U.S. Bureau of extensive targeting. reasons. Under the proposed regulation, Labor Statistics. Occupational Employment CBP is expanding the definition of ISF Statistics, ‘‘May 2014 National Occupational cost per hour worked for the same occupation Importer so that the party that has Employment and Wage Estimates, United States— category (17.3775). Source of total compensation to access to the ISF information would Median Hourly Wage by Occupation Code: 53– wages and salaries ratio data: U.S. Bureau of Labor 5020.’’ Updated March 25, 2015. Available at http:// Statistics. Employer Costs for Employee submit it directly to CBP as the ISF www.bls.gov/oes/2014/may/oes_nat.htm#53-0000. Compensation. Employer Costs for Employee Importer. Since this third party is Accessed June 15, 2015. Compensation Historical Listing March 2004— already providing the ISF information 5 The total compensation to wages and salaries December 2015, ‘‘Table 3. Civilian workers, by through the current ISF Importer or ratio is equal to the calculated average of the 2014 occupational group: Employer costs per hours quarterly estimates (shown under Mar., June, Sep., worked for employee compensation and costs as a directly to CBP, this proposed rule will Dec.) of the total compensation cost per hour percentage of total compensation, 2004–2015 by not add a significant burden to these worked for Transportation and Material Moving Respondent Type: Transportation and material entities. occupations (26.62) divided by the calculated moving occupations.’’ June 10, 2015. Available at average of the 2014 quarterly estimates (shown http://www.bls.gov/ncs/ect/sp/ececqrtn.pdf. For these reasons, CBP certifies that under Mar., June, Sep., Dec.) of wages and salaries Accessed June 15, 2015. this rule will not have a significant

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43965

economic impact on a substantial agent such as a licensed customs broker. published a notice of proposed number of small entities. For IE and T&E in-bond shipments, and rulemaking (79 FR 76930–76931) to add goods to be delivered to an FTZ, the ISF a process for measuring address quality. C. Unfunded Mandates Reform Act of Importer may also be the party filing the From that proposed rule, the mailing 1995 IE, T&E, or FTZ documentation. For industry provided many insightful and Title II of the Unfunded Mandate FROB cargo, the ISF Importer will be valuable comments (outlined later in Reform Act of 1995 (UMRA) requires the carrier or the non-vessel operating this document) to the Postal Service and agencies to assess the effects of their common carrier. requested that a revised proposed rule regulatory actions on State, local, and * * * * * be published. Therefore, we are tribal governments and the private renaming and revising our original sector. This proposed rule is exempt Dated: June 28, 2016. proposal, and publishing it with a from these requirements under 2 U.S.C. Jeh Charles Johnson, request for additional comments. This 1503 (Exclusions) which states that Secretary. proposed rulemaking is subject to both UMRA ‘‘shall not apply to any provision [FR Doc. 2016–15687 Filed 7–5–16; 8:45 am] Postal Service management and Postal in a bill, joint resolution, amendment, BILLING CODE 9111–14–P Regulatory Commission (PRC) motion, or conference report before approvals. Congress and any provision in a The Postal Service continues to look proposed or final Federal regulation that POSTAL SERVICE for opportunities to work with mailers is necessary for the national security or to improve address quality and reduce the ratification or implementation of 39 CFR Part 111 undeliverable-as-addressed (UAA) mail. international treaty obligations.’’ We have developed a newly proposed Address Quality Census Measurement procedure, the Address Quality Census D. Paperwork Reduction Act and Assessment Process Measurement and Assessment Process, In accordance with the Paperwork to measure address quality pertaining to AGENCY: Postal ServiceTM. Reduction Act of 1995 (44 U.S.C. 3507), move-related changes. This proposed an agency may not conduct, and a ACTION: Supplemental notice of process will allow the Postal Service to person is not required to respond to, a proposed rulemaking. provide valuable feedback to mailers who enter eligible letter- and flat-size collection of information unless the SUMMARY: The Postal Service is revising pieces of FCM and Standard Mail that collection of information displays a its pending proposal to amend Mailing meet the requirements for Basic or Full- valid control number assigned by OMB. Standards of the United States Postal The collections of information related to Service mailings. Service, Domestic Mail Manual The Address Quality Census this NPRM are approved by OMB under (DMM®), to include a newly proposed collection 1651–0001. Measurement and Assessment Process measurement and assessment procedure will utilize a scorecard for mailers that List of Subjects in 19 CFR Part 149 for evaluating address quality for conveys information on address hygiene mailers who enter eligible letter- and Arrival, Declarations, Customs duties as well as Move Update quality. The flat-size pieces of First-Class Mail® and inspection, Freight, Importers, scorecard provides mailers with change- (FCM) and Standard Mail® that meet the Imports, Merchandise, Reporting and of-address (COA) data as well as details requirements for Basic or Full-Service recordkeeping requirements, Shipping, about mailpieces that are UAA. mailings. Vessels. Presently, one of the benefits of the ® DATES: Submit comments on or before Full-Service Intelligent Mail program Proposed Amendment to the August 5, 2016. is free Address Change Service (ACSTM) Regulations ADDRESSES: Mail or deliver written for mailpieces prepared in accordance For the reasons stated in the comments to the manager, Product with Full-Service requirements. In order preamble, DHS proposes to amend part Classification, U.S. Postal Service, 475 to further encourage the adoption of 149 of title 19 of the Code of Federal L’Enfant Plaza SW., Room 4446, Full-Service and to increase the number Regulations (19 CFR part 149), as set Washington, DC 20260–5015. If sending of mailers that receive address quality forth below: comments by email, include the name information, the Postal Service is and address of the commenter and send proposing to extend free ACS to mailers PART 149—IMPORTER SECURITY to Product;[email protected], who enter qualifying Basic automation FILING with a subject line of ‘‘Address Quality and non-automation mailpieces that meet the criteria of the Address Quality ■ Census Measurement and Assessment 1. The authority citation for part 149 Census Measurement and Assessment continues to read as follows: Process.’’ Faxed comments are not accepted. Process and to mailers that meet a Full- Authority: 5 U.S.C. 301; 6 U.S.C. 943; 19 You may inspect and photocopy all Service threshold of 95 percent along U.S.C. 66, 1624, 2071 note. written comments, by appointment with other requirements, which are ■ 2. Section 149.1(a) is revised to read only, at USPS® Headquarters Library, outlined later in this document. as follows: 475 L’Enfant Plaza SW., 11th Floor Today, some mailers who enter Periodicals could potentially be charged § 149.1 Definitions. North, Washington, DC 20260. These records are available for review on for manual address correction notices (a) Importer Security Filing Importer. Monday through Friday, 9 a.m.–4 p.m., on mailpieces using a Full-Service ACS For purposes of this part, Importer by calling 202–268–2906. Service Type IDentifier (STID). The Security Filing Importer (ISF Importer) Postal Service is proposing that mailers means the party causing goods to arrive FOR FURTHER INFORMATION CONTACT: who enter Full-Service Periodicals within the limits of a port in the United Heather Dyer, USPS Mail Entry, Phone: mailings using a Full-Service ACS STID States by vessel. For shipments other (207) 482–7217, email: heather.l.dyer@ will not be required to receive or pay for than foreign cargo remaining on board usps.gov. manual address correction notices (FROB), the ISF Importer will be the SUPPLEMENTARY INFORMATION: On unless they are requested. Although goods’ owner, purchaser, consignee, or December 23, 2014, the Postal Service mailers who enter Periodicals will be

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43966 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

provided with address quality data, Move Update at http:// rule, we have chosen to include these these mailpieces will not be subject to beta.postalpro.usps.com/node/1116). insightful comments and replies, which the Address Quality Census Pieces that meet the requirements for can be used as FAQs to further clarify Measurement and Assessment Process. the Legal Restraint method will be this document. The mailers’ comments excluded from the Mailer Scorecard and and corresponding USPS responses are Terms the Address Quality Census outlined as follows: To further clarify this document, Measurement and Assessment Process, Mailer Comment several terms are defined below: as long as the mailpieces use the D 99 Percent Accurate Method: appropriate CRID or Mailer IDentifier If mailings are not in compliance with Mailers who can demonstrate that their (MID). Move Update standards, why is it internal list management maintains D Mailer: The term ‘‘mailer’’ within necessary to levy an additional charge address quality at 99 percent or greater this document encompasses Mail or assessment? accuracy for changes of address may be Owners, Mail Preparers, and Mail authorized to comply with the Move Service Providers (MSPs). USPS Response Update standard through the 99 Percent D Mailer Scorecard: This is an As outlined in the DMM, commercial Accurate Method. The 99 Percent electronic report that contains mail mailings must comply with the Move Accurate test is a computer-based quality measurements and assessments Update standard. Regardless of whether process that performs Postal Service ZIP ® on mailings over a calendar month for the Postal Service measures Move + 4 coding and change-of-address Move Update, Full-Service Intelligent Update compliance through Mail processing utilizing the customer’s file Mail, eInduction®, and Seamless Evaluation Readability Lookup as input. The 99 Percent Accurate test Acceptance. The Scorecard is accessible INstrument (MERLIN®) verification or is accomplished by submitting the through the Business Customer Gateway using the Address Quality Census mailer’s address file(s) to the Postal (BCG) and provides views for both Mail Measurement and Assessment Process, Service for processing. Owners and Mail Service Providers failure to meet the Move Update D Commercial Mailings: The Postal (MSPs). standard may result in an additional Service offers lower prices for business D Non-qualifying Mailings: The below postage assessment. mailings, because mailers perform some non-qualifying mailpieces will be of the work that would otherwise have excluded from the Address Quality Mailer Comment to be done by the Postal Service (for Census Measurement and Assessment example, sorting the mail by ZIP How does this proposed rule support Process and the Mailer Scorecard: the UAA objective? CodeTM or transporting the mail to a • Mailpieces which are undeliverable destination postal facility). Everyone due to an address change which is USPS Response benefits from ‘‘work-sharing.’’ Mailers Temporary, Foreign, Moved Left No The ability to observe UAA make an investment in time and Address (MLNA), and Box Closed No technology while paying less postage, performance at the individual mailer or Order (BCNO). service provider level will benefit both and the Postal Service’s costs are • Mailpieces that are priced as single- reduced, while mail is expedited the Postal Service and the mailing piece. industry. This data will provide more through the system. Among other • Mailpieces that qualify for the Legal requirements, commercial mailings information regarding the actual mailing Restraint method. performance. This data will provide must comply with the Move Update • Mailpieces without the mailers with viable information to assist standard as outlined in the DMM so that documentation submitted electronically. UAA mail is minimized. D Qualifying Mailings: An eDoc with reducing UAA, improve their D eDoc Submitter: The electronic submitter is eligible for the Address return on investment, and better documentation (eDoc) Submitter is Quality Census Measurement and understand anomalies that impact Move determined using the Customer Assessment Process when at least one of Update performance. Registration IDentifier (CRID) number its mailings qualifies for Full-Service in Mailer Comment that is used to upload the eDoc to the a calendar month. Thereafter, when Postal Service for processing. The eDoc mailers enter eligible mailings of letter- Since the Move Update verification submitter most often is the Mail and flat-size pieces of FCM and process was implemented in 2008, has Preparer, but can also be the Mail Standard Mail that meet the data shown a decrease in UAA mail Owner. All results of Address Quality requirements for Basic or Full-Service volume? Measurement will be displayed on the mailings in a subsequent calendar USPS Response eDoc Submitter and Mail Owner month, the Address Quality Census scorecards; however, any additional Measurement and Assessment Process Yes; since the implementation of postage assessments will be presented to will be used, if the postage statement Move Update in 2008, UAA volumes the eDoc submitter. and supporting documentation are have declined: D Legal Restraint: Mailers of First- submitted electronically and a unique D In 2008, there was an 11.2 percent Class Mail and First-Class Package Intelligent Mail barcode (IMb®) is decline in UAA volume. This reduction Service pieces who assert they are included in the eDoc. was nearly twice the overall decline in restricted by law from incorporating FCM volume of 6.4 percent. Postal Service COA information onto Summary of Industry Comments and D From 2008 through 2015, there was their mailpieces without permission USPS Responses a decline of 37 percent in UAA volume, from addressees may request Postal The Postal Service appreciates all of which resulted in a reduction for all Service approval to meet their Move the comments that were provided by the mail classes of 2.8 billion UAA pieces. Update standard using the Legal mailing industry. The valuable feedback D From 2008 through 2015, there was Restraint method. Such mailers must be was used to establish revised proposed an overall decline of 43.8 percent in able to clearly demonstrate how the use requirements for the Address Quality FCM forwarding volume from 1.6 of a primary Move Update method Census Measurement and Assessment billion pieces in 2008 to 0.9 billion would violate the law. (See the Guide to Process. Even though this is a proposed pieces in 2015.

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43967

Mailer Comment Legal Restraint Move Update alternative electronically and unique IMbs are Currently, when mailing Periodicals, method be required to use an exclusive included in the eDoc. MID or multiple exclusive MIDs on their there is a requirement to pay for manual Mailer Comment address corrections. Will this payment mailpieces for Legal Restraint mailings. When MSPs prepare a combined cease in conjunction with this proposal? This would allow the Postal Service to properly identify these types of mailing (multiple Mail Owners), will a USPS Response mailpieces and, when appropriate, fee be assessed if the COA percentage In this proposed rule, with regard to exclude the mailpieces from the measured for one of the Mail Owners Full-Service Periodicals mailings, there Address Quality Census Measurement exceeds the error threshold, but the will no longer be a requirement to and Assessment Process. The mailer COA percentage measured for the receive or pay for manual address will not be able to use these MIDs for submitter of the eDoc does not exceed corrections, except when manual other types of mailpieces that do not fall the threshold? address correction notifications are under the Legal Restraint authorization. USPS Response specifically requested by the mailer or The Postal Service is working with the the mailpiece does not contain a Full- Legal Restraint mailers to identify these If a combined mailing (with multiple Service ACS STID. MIDs. All current Legal Restraint Mail Owners) is entered and the COA authorized mailers would be allowed a percentage does not exceed the Address Mailer Comment one-year transition period to begin use Quality Census Measurement and For each STID, will the data for both of the exclusive MIDs. The one-year Assessment Process error threshold, no COA errors and the total number of transition period would be calculated fee would be assessed, because the fee pieces be all-inclusive or be limited by starting from the date of their next is assessed at the eDoc submitter level. services such as ACS? annual Legal Restraint reauthorization. Mailer Comment USPS Response Mailer Comment When there is a combined mailing The data will be inclusive of both If a mailer temporarily falls below the (with multiple Mail Owners), what is ACS- and non-ACS-requested STIDs. qualifying 75 percent Full-Service the process for ensuring that the correct mailer is assessed for exceeding the Mailer Comment threshold for 30 days, what are the consequences? error threshold? When mailers enter Periodicals, will USPS Response there still be a requirement for address USPS Response correction service? For a combined mailing, the Mailer There will no longer be a qualifying Scorecard and the Mail Entry USPS Response Full-Service percentage; the mailer need Assessment Report allow the Postal only submit one qualifying Full-Service Yes, mailers who enter Periodicals Service to provide detailed piece-level mailing. will still be required to meet the information and identify Mail Owners requirement for address correction Mailer Comment who exceed the established Address service. Quality Census Measurement and If a mailer does not enter mailings Assessment Process error threshold. Mailer Comment meeting the 75 percent Full-Service While the eDoc submitter will pay the Does the Address Quality Census threshold, how will address quality be assessment to the Postal Service, there Measurement and Assessment Process measured? will be adequate information for the apply to mailpieces that meet the USPS Response eDoc submitter to seek reimbursement criteria for single-piece prices, Legal from the applicable Mail Owner. Restraint, and the 99 Percent Accurate To be measured under the Address Method? Quality Census Measurement and Mailer Comment Assessment Process, there will no Can the Postal Service clearly outline USPS Response longer be a 75 percent Full-Service the appeal process for postage The Address Quality Census threshold. For mailers whose CRID does assessments? Measurement and Assessment Process not present any Full-Service mailings, will exclude mailpieces that are paid at the address quality will be measured USPS Response the single-piece price and mailpieces through the traditional MERLIN To appeal postage assessments, the that meet the requirements for the Legal verification process, and the mailer dispute process is available on Restraint alternative method, which will must declare that an approved Postal PostalProTM at http:// be based upon the CRID or MID of the Service Move Update method was used. beta.postalpro.usps.com/node/847 and mail owner who is approved for the An eDoc submitter will be eligible for steps are outlined within the Guide to exemption. In contrast, mailpieces the Address Quality Census Postage Assessment as follows: entered under the 99 Percent Accurate Measurement and Assessment Process D Mailings are evaluated based on an Method were factored into the newly when at least one of its mailings entire calendar month. proposed Address Quality Census qualifies for Full-Service in a calendar D If thresholds are exceeded, an Measurement and Assessment Process month. Thereafter, all mailings of letter- invoice is generated and a Mail Entry error threshold, and these mailpieces and flat-size pieces of FCM and Assessment Notification is sent on the will not be excluded from the new Standard Mail that meet the 10th of the month (for the previous measurement process. requirements for Basic or Full-Service month’s mailing activity). In addition to this proposed rule, the mailings entered in a subsequent D Notifications for all assessments Postal Service intends to publish an calendar month will use the Address will be sent to the eDoc submitter. additional proposed rule to provide Quality Census Measurement and D An assessment notification is sent further guidance on the Move Update Assessment Process, if the postage by email to the individual designated by standard. This document will propose statements and supporting the mailer for each CRID in BCG as the that mailers who are authorized for the documentation are submitted Verification Assessment Evaluator

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43968 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

(VAE). Mailers can also review Scorecard and all corresponding reports. Mailer Comment assessment information through the After the assessment period begins, if Will the error threshold for the newly Mailer Scorecard. new issues are identified, the Postal proposed process be applied at the Mail D VAE accesses BCG and pays Service will remove all applicable Owner or CRID level? invoice. charges resulting from USPS systemic D If a VAE is not in agreement with issues. USPS Response the charges, the VAE may dispute Mailer Comment The error threshold for the new charges by requesting a review and proposed Address Quality Census providing supporting documentation Under the new measurement process, Measurement and Assessment Process within 10 days of assessment what is the actual assessment fee for will apply to the eDoc submitter at the notification. mailpieces that exceed the established CRID level. D Business Mail Entry (BME) reviews error threshold? Mailer Comment the documentation and contacts the USPS Response mailer with results. Regarding assessments, it is The address quality assessment fee Mailer Comment recommended that the Postal Service has not been determined and is subject focus on the individual Mail Owner, Will there be changes to the National to USPS management and regulatory which will allow the MSP to be free Change of Address Linkage System approval. from the onerous task of determining Link® (NCOA )? Mailer Comment who should pay an assessment fee. USPS Response Will the address quality assessment USPS Response Currently, there are no changes to the fee vary based on the disposition The Postal Service is providing database for NCOALink which would activity (forwarded, returned, or specific data to assist the MSP with affect a mailer’s ability to use the destroyed) of the mailpieces in identifying the Mail Owners who are product or comply with Move Update question? exceeding the established Address requirements. If such changes are USPS Response Quality Census Measurement and anticipated, the Postal Service is always Assessment Process error threshold and willing to work with mailers to mitigate No; the address quality assessment fee contributing to the assessment fee. impacts. will be the same for all mailpieces that exceed the established Address Quality Mailer Comment Mailer Comment Census Measurement and Assessment When the Mail Preparer performs the Is it the intent of the Postal Service to Process error threshold, regardless of Move Update functions, will the Postal make ACS the default source for Move whether they are forwarded, returned, Service negotiate the credit between the Update changes and eliminate the other or destroyed. Mail Owner and MSP? Link methods (NCOA Mail Processing Mailer Comment Equipment (MPE), Ancillary Service USPS Response Endorsement (ASE), and NCOALink)? What happens if mail is mistakenly All assessments will be remitted to run through MERLIN? Is there a risk of the eDoc submitter for payment; USPS Response double jeopardy? negotiations between the Mail Owner The Postal Service has no intention of USPS Response and MSP will not be managed by the making ACS the default source for Move Postal Service. Update or eliminating any of the other If mail is mistakenly processed on USPS-approved Move Update methods. MERLIN, there will be no risk of double Mailer Comment jeopardy. Once mailers qualify for the How will the Postal Service ensure Mailer Comment Address Quality Census Measurement that the data from the MicroStrategy Will the traditional ACS be free and and Assessment Process, they will be Report within the Mailer Scorecard is postage statements be modified to removed from the MERLIN Move reliable? reflect these new changes? Update verification process. Prior to the implementation of the Address Quality USPS Response USPS Response Census Measurement and Assessment An internal Postal Service team as In general, the traditional ACS fees Process, all Postal Service acceptance well as a task team consisting of both will not be waived. The postage employees will be trained. However, if Postal Service and Mail Industry statements will be modified to a mailing is mistakenly processed on representatives will validate the data incorporate all new changes. MERLIN and additional postage under integrity of the MicroStrategy Reports that method is assessed, the associated Mailer Comment and Mailer Scorecard. These reports assessment fee will be removed. outline detailed mailpiece data for What mechanisms are in place to errors that are captured. correct erroneous information in the Mailer Comment Mailer Scorecard? Will MERLIN be used for evaluating Mailer Comment mail in the future? Will there still be two different USPS Response databases relative to address changes, USPS Response The Postal Service is working i.e. Postal Automated Redirection internally to validate the Mailer MERLIN will still be used to measure System (PARS) vs. NCOALink? Scorecard. All known systemic issues Move Update compliance for those are currently being addressed. In mailers who enter mailings that do not USPS Response addition, a task team consisting of both meet the requirements to be evaluated Yes, two separate databases will Postal Service and Mailing Industry under the newly proposed Address continue to exist as follows: representatives is validating the Quality Census Measurement and D PARS: This database has 18 months reliability and stability of the Mailer Assessment Process. of COA data for processing UAA mail.

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43969

D NCOALink: This database holds up D PostalOne! uses the mail D The proposed Address Quality to 48 months of COA data for updating verification and NCSC Move Update Census Measurement and Assessment mailing lists. results to formulate the final charges. Process error threshold that is under In 2013, the Postal Service introduced consideration is 0.5 percent. This Mailer Comment the concept of measuring and assessing threshold, which is subject to review at Does the United States Postal mail quality for mailings over a calendar the PRC, would be applied to all pieces Inspection Service (USPIS) agree with month for Full-Service Intelligent Mail, submitted by an eDoc submitter in a the newly proposed measurement eInduction, and Seamless Acceptance. calendar month. process, and how will investigations be Since August 2014, Postal Service D The Postal Service would assess the determined? technology has further evolved so that, relevant eDoc submitter CRID for each USPS Response when mailers use an IMb and submit non-compliant mailpiece beyond the their postage statements and supporting threshold. Yes, USPIS agrees with the decision documentation electronically, data D The data would be collected and to utilize the newly proposed Address collection scans from mail processing reported on the Mailer Scorecard under Quality Census Measurement and equipment (MPE) can be used to the eDoc submitter CRID. Assessment Process, which allows the evaluate the address and move-related Address Quality Assessment Fee Postal Service to leverage technology. quality of mail being processed. Also, USPIS will continue to collaborate Accordingly, the Postal Service is using The address quality assessment fee with the Postal Service on all matters, this technology as an alternative to will be applied to mailpieces in including the determination of whether measure and evaluate the quality of qualifying mailings that contain COA investigations are warranted. mailings. errors in excess of the established Background Address Quality Census Measurement Future Process and Assessment Process error threshold. The Postal Service requires mailers to The Postal Service is proposing to add This address quality assessment fee is update address-related changes through a Move Update compliance verification currently pending management and the Move Update requirements process. process named the Address Quality regulatory approval. Currently, Move Update compliance is Census Measurement and Assessment Once the Address Quality Census measured at the mailing level using Process for letter- and flat-size pieces of Measurement and Assessment Process is MERLIN as follows: in place, qualifying mailings will no D At the point of acceptance, mailings FCM and Standard Mail that meet the longer be required to document Move are randomly selected for address requirements for Basic or Full-Service Update compliance methods on the quality assessment, and samples of the mailings. postage statement, mail.dat, or selected mailings are processed through Mailers of Periodicals will be MERLIN. provided with address quality data; mail.xml. However, documents D PostalOne!® sends an electronic however, Periodicals will not fall under demonstrating the method used should version of the mailer’s Postage the Address Quality Census be available upon request by the Postal Statement Message (PSM) to the Measurement and Assessment Process. Service, and mailers must continue to MERLIN Maintenance and Operations This newly proposed process will result use a Move Update method in order to Database (MMOD). in several benefits including enhanced remain below the Address Quality D MMOD routes the PSM to the mailing visibility and improved mail Census Measurement and Assessment appropriate site and MERLIN machine. quality metrics over all mailings within Process error threshold, expedite the D Postal Service personnel generate a a calendar month, rather than sampled delivery of mail by avoiding mail verification report, and the report mailings. forwarding, and increase the security produces a set of results that are routed This process is a much more robust and privacy of sensitive customer back to the MMOD system. method to assess Move Update information. D MERLIN generates a report that compliance, which would be measured Mailer Scorecard provides the details on mail quality. across all mailings within a calendar D MMOD sends an Address Quality month according to the following The Mailer Scorecard is currently Validation System (AQVS) message- process: available to mailers. This report stream of addresses, names, and ZIP D Mailpieces are scanned on MPE. provides data that allow mailers to Codes to the National Customer Support D Data from mailpieces identified as gauge address quality on their Center (NCSC) for Move Update UAA is captured and evaluated to mailpieces. After the final rule is processing. determine if COA information is on file. implemented and the PRC review is D MERLIN captures the address D The address information for completed, mailings with errors that information from the mailpiece and mailpieces matching an active COA is exceed the newly proposed Address electronically sends each record to the captured from the piece and sent Quality Census Measurement and NCSC to see if there is a COA on file. electronically to NCSC. Assessment Process error threshold will D The piece is identified as an error D NCSC forwards COA information to incur an address quality assessment fee. if the mailer did not use the updated the Address Quality Census address indicated in the COA on file, Measurement and Assessment Process Criteria and the COA ‘‘filing date’’ is between 95 for evaluation. The Address Quality Census days and 18 months of the postage D Move Update validations are Measurement and Assessment Process statement finalization date. performed by comparing the MID + will apply to mailings when mailers: D MMOD sends mail verification Serial Number of the IMb from the COA- D Submit any mailpieces during a results (whether the mailer passed) to related mailpiece data. If the COA is calendar month as Full-Service. the PostalOne! System. between 95 days and 18 months old, D Use a unique Basic or Full-Service D NCSC processes the AQVS data and the address has not been updated, IMb on mailings of letter- and flat-size stream and sends the results to then a COA error for the associated IMb pieces for FCM and Standard Mail. PostalOne!, which addresses the Move is logged and allocated under the CRID D Use eDoc to submit mailing Update failures. of the eDoc submitter. information.

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43970 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

Specifications D Include the unique IMb in eDoc. c. Address correction service is D Provide accurate mail owner After the test period commences, mandatory for all Periodicals identification in eDoc. address quality will be measured as publications, and the address correction Address change information will be service fee must be paid for each notice follows: provided to the Mail Owner identified D Analysis will be performed on all received. in eDoc. Address change information * * * * * pieces in the mailing, rather than on a which does not qualify for free ACS will sample. continue to be provided through 4.0 Address Correction Services D The assessment will be determined SingleSource at the appropriate charge. * * * * * by the number of COA errors, in a As part of this proposed rule, mailers calendar month, divided by the total who enter mailings of Full-Service 4.2 Address Change Service (ACS) number of pieces mailed that were Periodicals would no longer be required * * * * * subject to analysis. The resulting to receive and pay for manual address percentage will be compared to the corrections when a Full-Service ACS 4.2.2 Service Options established Address Quality Census STID is used. However, these mailers [Revise 507.4.2.2 by modifying the Measurement and Assessment Process may elect to receive and pay for manual introductory sentence and adding a new error threshold. address correction notifications by item ‘‘d’’ as follows:] D There are a number of exclusions to including the appropriate STID within ACS offers four levels of service, as the measurement and assessment the IMb. follows: process. Generally, mailpieces with List of Subjects in 39 CFR Part 111 * * * * * addresses that have the following COA d. A Full-Service option available to characteristics will not be included in Administrative practice and mailings of First-Class Mail automation the assessment: Temporary moves, procedure, Postal Service. cards, letters, and flats; Standard Mail MLNA, BCNO, and COA data for foreign Although exempt from the notice and automation letters and flats; Standard addresses. comment requirements of the Mail Carrier Route, High Density, and D Mailpieces authorized for the Legal Administrative Procedure Act (5 U.S.C. Saturation letters; Periodicals Outside Restraint alternate Move Update method 553(b), (c)) regarding proposed County barcoded or Carrier Route letters (See Guide to Move Update) will be rulemaking by 39 U.S.C. 410(a), the and flats; Periodicals In-County excluded at the CRID level of the Mail Postal Service invites public comments automation or Carrier Route letters and Owner, during a short transition period. on the following proposed revisions to flats; and Bound Printed Matter After the transition period, an Mailing Standards of the United States Presorted, non-DDU barcoded flats. established MID will be identified for Postal Service, Domestic Mail Manual Mailers who present at least 95 percent use on mailpieces that fall under the (DMM), incorporated by reference in the of their eligible First-Class Mail and Legal Restraint method. Code of Federal Regulations. See 39 CFR Standard Mail volume as Full-Service in Mailpiece Results 111.1. Accordingly, 39 CFR part 111 is a calendar month will receive electronic proposed to be amended as follows: address correction notices for their Once qualifying mailings are qualifying mailpieces of Basic processed on MPE, the data from PART 111—[AMENDED] automation and non-automation First- mailpieces are reconciled with eDoc. Class Mail and Standard Mail at the These results are available on the BCG ■ 1. The authority citation for 39 CFR address correction fee for pieces which and displayed on the Electronic part 111 continues to read as follows: are eligible under the Full-Service Verification tab of the Mailer Scorecard, Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– Intelligent Mail option in 705.23.0, for which can be easily accessed at https:// 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, the next calendar month. The Basic gateway.usps.com/eAdmin/view/signin. 401, 403, 404, 414, 416, 3001–3011, 3201– First-Class Mail and Standard Mail Mailers are able to review the Mailer 3219, 3403–3406, 3621, 3622, 3626, 3632, 3633, and 5001. mailpieces must: Scorecard and corresponding detailed 1. Bear a unique IMb printed on the reports to identify any anomalies or ■ 2. Revise the following sections of mailpiece. issues. Mailing Standards of the United States 2. Include a Full-Service or OneCode To resolve Mailer Scorecard Postal Service, Domestic Mail Manual ACS STID in the IMb. irregularities, mailers should contact the (DMM), as follows: 3. Include the unique IMb in eDoc. PostalOne! ® Help Desk at 800–522– Mailing Standards of the United 4. Provide accurate mail owner 9085 or their local Business Mail Entry States Postal Service, identification in eDoc. Unit (BMEU). Domestic Mail Manual (DMM) * * * * * Address Change Service and Correction * * * * * 4.2.8 Address Correction Service Fee Notifications 507 Mailer Services [Revise 507.4.2.8 by deleting the In order to further encourage the current language and adding new adoption of Full-Service, the Postal 1.0 Treatment of Mail language as follows:] Service is proposing to extend free Full- * * * * * ACS fees will be assessed as follows: Service ACS to qualifying Basic a. The applicable fee for address automation and non-automation 1.5 Treatment for Ancillary Services correction is charged for each separate mailpieces for mailers who enter at least by Class of Mail notification of address correction or the 95 percent of their mail as Full-Service * * * * * reason for nondelivery provided, unless in a calendar month. The Basic an exception applies. mailpieces must be prepared as follows: 1.5.2 Periodicals b. Once the ACS fee charges have D Bear a unique IMb printed on the * * * * * been invoiced, any unpaid fees for the mailpiece. [Revise 507.1.5.2c by changing the prior invoice cycle (month) will be D Include a Full-Service ACS or last word of the sentence to ‘‘received’’ assessed an annual administrative fee of OneCode ACS® STID in the IMb. as follows:] 10 percent for the overdue amount.

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43971

c. Mailers who present at least 95 Process beginning in the next calendar 23.5.2 Address Correction Notices percent of their eligible First-Class Mail month. Mailings will be subject to the [Revise 705.23.5.2a as follows:] and Standard Mail volume as Full- Address Quality Census Measurement a. Address correction notices will be Service in a calendar month will receive Assessment charge (address quality provided at the applicable Full-Service electronic address correction notices for assessment fee) if submitted via eDoc address correction fee for letters and their qualifying Basic automation and with unique Basic or Full-Service IMbs flats eligible for the Full-Service option, non-automation First-Class Mail and on letter- and flat-size pieces of First- except for Standard Mail ECR flats, BPM Standard Mail mailpieces, as specified Class Mail and Standard Mail. The flats dropshipped to DDUs, or BPM in 4.2.2. The electronic address address quality assessment fee will be carrier route flats. Mailers who present correction notices are charged at the assessed if: at least 95 percent of their eligible First- applicable Full-Service address a. The percent of all qualifying mail Class Mail and Standard Mail volume as correction fee for the next calendar submitted in a calendar month that have Full-Service in a calendar month will month. a COA error is greater than the Address receive electronic address correction * * * * * Quality Census Measurement and notices for their qualifying Basic Assessment Process error threshold, as 600 Basic Mailing Standards for All automation and non-automation First- determined by an analysis of the data Mailing Services Class Mail and Standard Mail pieces captured by mail processing equipment. charged at the applicable Full-Service * * * * * A COA error occurs when the address address correction fee for the next 602 Addressing on the mailpiece has not been updated calendar month. The Basic automation within 95 days of the COA move and non-automation First-Class Mail * * * * * effective date or the COA record and Standard Mail mailpieces must: 5.0 Move Update Standards creation date, whichever is later. 1. Bear a unique IMb printed on the mailpiece. * * * * * b. Each mailpiece with addresses containing COA errors in excess of the 2. Include a Full-Service or OneCode 5.3 Basis for Move Update Assessment Address Quality Census Measurement ACS STID in the IMb. Charges and Assessment Process error threshold 3. Include the unique IMb in eDoc. 4. Provide accurate mail owner [Revise 602.5.3 by removing the will pay the address quality assessment identification in eDoc. current language and adding new 5.3.1. fee. and 5.3.2 as follows:] * * * * * 5.4 Mailer Certification We will publish an appropriate 5.3.1 Basic Move Update Assessment [Revise 602.5.4 by modifying amendment to 39 CFR part 111 to reflect Charge introductory paragraph and adding new these changes, if our proposal is Mailings that do not fall under 5.3.2 items ‘‘a’’ and ‘‘b’’ as follows:] adopted. are subject to a Move Update assessment The mailer’s signature on the postage Stanley F. Mires, charge, if more than 30 percent of statement certifies that the Move Update Attorney, Federal Compliance. addresses with a change-of-address standard has been met for each address (COA) are not updated, based on the [FR Doc. 2016–15649 Filed 7–5–16; 8:45 am] in the corresponding mailing presented BILLING CODE 7710–12–P error percent found in Postal Service to the USPS as follows: sampling at acceptance during Performance-Based Verification. a. For mailings that fall under 5.3.1, Specifically, mailings for which the the mailer’s signature on the postage DEPARTMENT OF ENERGY sample contains greater than 30 percent statement certifies that the Move Update 48 CFR Parts 915, 934, 942, 944, 945, failed COAs out of the total COAs in the standard has been met for each address and 952 sample are subject to additional postage in the corresponding mailing presented to the Postal Service. charges as follows: RIN 1991–AC01 a. The percentage of the mailing b. For mailings that fall under 5.3.2, paying the charge is based on the the Move Update compliance method Acquisition Regulation: Contractor percentage of failed pieces above 30 does not need to be declared on the Business Systems—Definition and percent. postage statement or within the mail.dat Administration b. Each of the assessed pieces is or mail.xml file. However, AGENCY: Department of Energy. subject to the established per piece documentation demonstrating charge. compliance must be retained and ACTION: Proposed rulemaking; c. As an example, if 40 percent of provided upon request of the Postal withdrawal. COAs in the sample are not updated, Service. SUMMARY: On April 1, 2014, the U.S. then the charge is applied to 10 percent * * * * * ¥ Department of Energy (DOE) published (= 40% 30%) of the total mailing. a rule in the Federal Register proposing d. Mailings for which the sample has 700 Special Standards to amend the Department of Energy five or fewer pieces that were not * * * * * Acquisition Regulation (DEAR). DOE updated for a COA are not subject to the hereby withdraws this proposed rule. assessment, regardless of the failure 705 Advanced Preparation and percentage. Special Postage Payment Systems DATES: The proposed rule that appeared * * * * * in the Federal Register on April 1, 2014 5.3.2 Address Quality Census at 79 FR 18415 is withdrawn as of July Measurement and Assessment Charge 23.0 Full-Service Automation Option 6, 2016. Mailers who have submitted any Full- * * * * * FOR FURTHER INFORMATION CONTACT: Service volume in a calendar month Jennifer Tiedeman, U.S. Department of will be subject to the Address Quality 23.5 Additional Standards Energy, Office of the General Counsel, Census Measurement and Assessment * * * * * GC–33, 1000 Independence Avenue

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43972 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

SW., Washington, DC 20585–0121. information, we find that listing the of a regulation implementing the Telephone: (202) 287–6111. Email: Eagle Lake rainbow trout and the petitioned action is precluded by other [email protected]. Ichetucknee siltsnail is not warranted at pending proposals to determine whether SUPPLEMENTARY INFORMATION: On April this time. However, we ask the public to species are endangered or threatened 1, 2014, the U.S. Department of Energy submit to us at any time any new species, and expeditious progress is (DOE) published a rule proposing to information that becomes available being made to add or remove qualified amend the Department of Energy concerning the stressors to the Eagle species from the Federal Lists of Acquisition Regulation (DEAR) to define Lake rainbow trout and the Ichetucknee Endangered and Threatened Wildlife contractor business system as an siltsnail or their habitats. and Plants (warranted but precluded). accounting system, estimating system, DATES: The findings announced in this Section 4(b)(3)(C) of the Act requires purchasing system, earned value document were made on July 6, 2016. that we treat a petition for which the requested action is found to be management system (EVMS), and ADDRESSES: These findings are available warranted but precluded as though property management system (79 FR on the Internet at http:// resubmitted on the date of such finding, 18415). In the proposed rulemaking, www.regulations.gov at the following that is, requiring a subsequent finding to DOE proposed to implement docket numbers: compliance enforcement mechanisms in be made within 12 months. We must the form of a contractor business system Species Docket No. publish these 12-month findings in the clause and related clauses that included Federal Register. a provision that would allow Eagle Lake rainbow FWS–R8–ES–2012– Summary of Information Pertaining to trout. 0072 contracting officers to withhold a the Five Factors percentage of payments, under certain Ichetucknee siltsnail FWS–R4–ES–2011– 0049 Section 4 of the Act (16 U.S.C. 1533) conditions, when a contractor’s business and the implementing regulations in system contained significant Supporting information used in part 424 of title 50 of the Code of deficiencies. However, the Department preparing these findings is available for Federal Regulations (50 CFR part 424) has determined that it will not proceed public inspection, by appointment, set forth procedures for adding species with the rulemaking and, as such, is during normal business hours, by to, removing species from, or withdrawing the proposed rule. contacting the appropriate person, as reclassifying species on the Federal Issued in Washington, DC, on June 23, specified under FOR FURTHER Lists of Endangered and Threatened 2016. INFORMATION CONTACT. Please submit any Wildlife and Plants. The Act defines Berta Schreiber, new information, materials, comments, ‘‘endangered species’’ as any species Director, Office of Acquisition Management, or questions concerning these findings that is in danger of extinction Department of Energy. to the appropriate person, as specified throughout all or a significant portion of Joseph Waddell, under FOR FURTHER INFORMATION its range, section 3(6), and ‘‘threatened Deputy Associate Administrator, Acquisition CONTACT. species’’ as any species that is likely to and Project Management, National Nuclear FOR FURTHER INFORMATION CONTACT: become an endangered species within Security Administration. the foreseeable future throughout all or [FR Doc. 2016–15937 Filed 7–5–16; 8:45 am] Species Contact information a significant portion of its range, section BILLING CODE 6450–01–P 3(20). Under section 4(a)(1) of the Act, Eagle Lake Jen Norris, Field Supervisor, a species may be determined to be an rainbow Sacramento Fish and Wildlife endangered species or a threatened DEPARTMENT OF THE INTERIOR trout. Office, (916) 414–6600. species based on any of the following Ichetucknee Jay B. Herrington, Field Super- five factors: Fish and Wildlife Service siltsnail. visor, North Florida Ecologi- (A) The present or threatened cal Services Office, (904) destruction, modification, or 731–3191. 50 CFR Part 17 curtailment of its habitat or range; (B) Overutilization for commercial, [4500030113] If you use a telecommunications device recreational, scientific, or educational for the deaf (TDD), please call the Endangered and Threatened Wildlife purposes; Federal Information Relay Service (C) Disease or predation; and Plants; 12-Month Findings on (FIRS) at 800–877–8339. Petitions To List the Eagle Lake (D) The inadequacy of existing SUPPLEMENTARY INFORMATION: Rainbow Trout and the Ichetucknee regulatory mechanisms; or (E) Other natural or manmade factors Siltsnail as Endangered or Threatened Background affecting its continued existence. Species Section 4(b)(3)(B) of the Act (16 We summarize below the information AGENCY: Fish and Wildlife Service, U.S.C. 1531 et seq.) requires that, for on which we based our evaluation of the Interior. any petition to revise the Federal Lists five factors provided in section 4(a)(1) of ACTION: Notice of 12-month petition of Endangered and Threatened Wildlife the Act in determining whether the findings. and Plants that contains substantial Eagle Lake rainbow trout and the scientific or commercial information Ichetucknee siltsnail meet the definition SUMMARY: We, the U.S. Fish and indicating that listing an animal or plant of an endangered species or threatened Wildlife Service (Service), announce 12- species may be warranted, we make a species. More detailed information month findings on petitions to list the finding within 12 months of the date of about these species is presented in the Eagle Lake rainbow trout and the receipt of the petition (‘‘12-month species-specific assessment forms found Ichetucknee siltsnail as endangered finding’’). In this finding, we determine on http://www.regulations.gov under the species or threatened species under the whether listing the Eagle Lake rainbow appropriate docket number (see Endangered Species Act of 1973, as trout and the Ichetucknee siltsnail is: (1) ADDRESSES). In considering what amended (Act). After a review of the Not warranted; (2) warranted; or (3) stressors under the five factors might best available scientific and commercial warranted, but the immediate proposal constitute threats, we must look beyond

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43973

the mere exposure of the species to the comment on the first petition received. on occasion, other small tributaries to factor to determine whether the species In our February 24, 2004, response letter Eagle Lake, such as Merrill and Papoose responds to the factor in a way that to Mr. Bosta, we explained that we had Creeks. Past cumulative impacts from causes actual impacts to the species. If reviewed the petition and determined improper land management, there is exposure to a factor, but no that an emergency listing was not introduction of nonnative fishes, response, or only a positive response, warranted, and that because of other overharvesting, and lowering lake levels that factor is not a threat. If there is court-ordered listing and critical habitat during the late 1800s and the early exposure and the species responds actions and settlements, we would not 1900s resulted in the degradation of negatively, the factor may be a threat. In be able to otherwise address the petition habitat within the Pine Creek watershed that case, we determine if that stressor to list the ELRT at that time, but would and a sharply declining ELRT rises to the level of a threat, meaning complete the action when workload and population. To ensure the persistence of that it may drive or contribute to the funding allowed. the subspecies and to sustain a trophy risk of extinction of the species such In a settlement agreement with fishery in Eagle Lake, a hatchery that the species warrants listing as an WildEarth Guardians dated May 10, program for the ELRT was created by endangered or threatened species as 2011 [WildEarth Guardians v. Salazar, the California Department of Fish and those terms are defined by the Act. This No. 10–377 (EGS) MDL Docket No. Wildlife (CDFW) in 1950. In 1959, the does not necessarily require empirical 2165], we agreed to complete our 90-day Pine Creek Fish Trap and barrier weir proof of a threat. The combination of finding on the 2003 petition to list the (Trap) was constructed at the mouth of exposure and some corroborating ELRT on or before September 30, 2012. Pine Creek to assist in the collection of evidence of how the species is likely On September 5, 2012, we published adult spawners for the hatchery affected could suffice. The mere our 90-day finding in the Federal program. The barrier weir blocked all identification of stressors that could Register (77 FR 54548), in which we fish passage except during high flow affect a species negatively is not determined that the petition presented events; then, in 1995, the weir was sufficient to compel a finding that substantial information indicating that modified further to block all fish listing is appropriate; we require the ELRT may be warranted for listing passage, even in high flow events. In evidence that these stressors are as an endangered or threatened species, addition to the barrier weir, past land operative threats that act on the species and initiated a status review and use practices had degraded stream to the point that the species meets the solicited information on the stressors conditions in the Pine Creek watershed. definition of an endangered species or a potentially affecting the ELRT. While the hatchery program threatened species under the Act. Specifically, we found that the petition substantially increased the ELRT In making our 12-month findings, we and information in our files indicated population from historic lows observed considered and evaluated the best that the habitat in Pine Creek, a in the 1930s–1940s, the blockage of available scientific and commercial tributary to Eagle Lake and the major natural stream spawning opportunities, information. stream spawning habitat for ELRT, was in combination with the degraded degraded and that access to the stream watershed conditions, prevented natural Eagle Lake Rainbow Trout was blocked by a weir used for lake-to-stream spawning and resulted in (Oncorhynchus mykiss aquilarum) collecting fish for hatchery purposes. an increased dependence on hatchery Previous Federal Actions We also found that the ELRT population propagation. in Pine Creek was subject to predation Stream-resident ELRT have been The Service has been petitioned three pressure from introduced nonnative observed spawning in the intermittent times to add the Eagle Lake rainbow brook trout (Salvelinus fontinalis). and perennial sections of Pine Creek, trout (Oncorhynchus mykiss aquilarum) On May 13, 2014, Western which may be contributing to the (ELRT) to the List of Endangered and Watersheds Project (WWP) submitted a natural reproductive population. There Threatened Wildlife under the authority notice of intent to sue the Service for was an observation of spawning within of the Act. On April 28, 1994, we failure to complete a 12-month finding the intermittent portions of Pine Creek received a petition from John F. Bosta, on the 2003 petition and determine the and the subsequent downstream of Susanville, California, requesting that listing status of the ELRT under the Act. migration of fry in 2011. There were we list the ELRT as an endangered or On September 23, 2014, WWP filed a also observations of spawning within threatened species, designate critical complaint (Western Watersheds Project the perennial portions of Pine Creek in habitat, and develop a recovery plan for v. Jewell et al.; Case 2:14–CV–02205– 2009, and fry were observed the the species. On August 7, 1995, we MCE–KJN) to compel the Service to following spring in Pine Creek. Some published our 90-day finding in the issue the 12-month finding. spawning activity has also been Federal Register (60 FR 40149) stating On March 17, 2015, the Service observed along the gravelly shores of that the petition did not present entered into a stipulated settlement Eagle Lake, but it is unknown if substantial information to indicate that agreement with WWP agreeing that no spawning was successful or if it listing the ELRT as an endangered or later than June 30, 2016, the Service contributed to recruitment of the threatened species under the Act may be would submit to the Federal Register a population. There has been recent warranted. 12-month finding as to whether listing successful spawning of ELRT in an On August 15, 2003, we received a the ELRT under the Act is warranted, aquarium at the Turtle Bay Museum in second petition from Mr. John Bosta, not warranted, or warranted but Redding, California, which suggests that requesting that we list the ELRT as an precluded. spawning outside of the stream habitat endangered or threatened species under is possible. the Act. On October 6, 2003, we Background received a similar petition from Mr. The ELRT is a subspecies of rainbow Summary of Status Review Chuck Sanford, of Loomis, California, trout endemic to the highly alkaline At the time of our 90-day finding in dated September 28, 2003. Mr. Sanford’s Eagle Lake and its main tributary, Pine 2012, we found that the petition petition repeated the same information Creek. Its range is restricted to Eagle presented substantial information that provided earlier in the Bosta 2003 Lake, Pine and Bogard Spring Creeks the ELRT may warrant listing due to the petition and was therefore treated as a within the Pine Creek watershed, and, present or threatened destruction,

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43974 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

modification, or curtailment of its stressor—which historically had severe, for the ELRT, since it went from no habitat or range based on the presence high-level impacts—currently has only ability at all for natural spawning from of a hatchery weir on Pine Creek low-level impacts on the ELRT reflects Eagle Lake to significantly increased impeding fish passage, predation from a significant change in conditions that opportunities throughout the watershed. introduced nonnative brook trout on the has reduced the stressors on the ELRT Two of the stressors—predation from remnant ELRT population in the and improved its status. and competition with brook trout, and headwaters of Pine Creek, and because As noted above, beginning in 1959 the the potential effects from climate of the ongoing hatchery program and Pine Creek Fish Trap and barrier weir change—may result in moderate-level hatchery practices potentially causing prevented any migrations between Eagle effects. The populations of nonnative genotypic and phenotypic genetic shift Lake and suitable spawning habitat in brook trout that occur within the Pine in ELRT populations. Since our 90-day the upper Pine Creek watershed. Creek watershed have impeded the finding was issued on September 5, However, a fishway was installed in the ability of the ELRT to establish a large 2012, numerous conservation efforts Trap in 2012, which now fully allows stream population within the perennial have been implemented or are ongoing, upstream spawning migration runs. A portions of Pine and Bogard Spring and these conservation efforts have few other fish passage barriers still Creeks. The large brook trout population reduced the level of impact on the ELRT currently exist, higher up in the not only competes with the ELRT for from identified stressors. watershed upstream of the Trap, but resources, but also preys on ELRT eggs Stressors Impacting ELRT: In these are only barriers under extreme and juveniles. The presence of brook completing our status review for the low flow conditions and only have the trout likely precludes a robust ELRT, we reviewed the best scientific potential to be minor impediments to population of stream-dwelling ELRT, and commercial data available and habitat access by stream-resident fish in both those resident now and those compiled this information in the 2016 some locations. Currently, the only expected to migrate there now that Species Report for the Eagle Lake significant barrier to spawning passage barriers have been removed. Rainbow Trout (Oncorhynchus mykiss migration is the lack of consistent However, there have been observations aquilarum) (Service, 2016). For our annual flow within the lower, of individual ELRT and ELRT-spawning finding, we evaluated potential stressors intermittent portions of the Pine Creek in the perennial sections of the related to the ELRT and its habitat. The watershed. Past land use management watershed with brook trout present, different levels of impact of each practices, which have now been demonstrating an ability to withstand stressor or combination of stressors are discontinued, likely exacerbated the some level of co-occurrence. During a 3- defined as follows: (1) Low-level year electrofishing study in Bogard impacts are those that result in a minor effects of inconsistent flows by Spring Creek from 2007–2009, ELRT loss of individuals and/or habitat degrading habitat conditions, which in made up 3 percent of the fish caught, currently or expected in the future; (2) turn would have reduced the amount of and brook trout made up 92 percent moderate-level impacts are those that suitable migration opportunities. (Carmona-Catot et al. 2011, p. 331). result in more than a minor loss, but not However, this inconsistent flow barrier Competition with and predation from a widespread loss, of individuals and/or appears to be a natural condition of the nonnative brook trout will continue to habitat currently or expected in the system in which the ELRT has evolved. be a source of loss of individuals within future; and (3) high-level impacts are With the removal of the Trap as a barrier the Pine Creek watershed into the those that result in a widespread loss of and discontinuation of harmful land use future, for as long as brook trout are individuals and/or habitat currently or management practices that occurred in expected in the future. the past, the ELRT are now returned to present. However, this stressor does not The stressors we analyzed were the natural condition, including the rise to the level of a threat for the grazing, roads and railroads, water inconsistency of adequate annual flows. subspecies for several reasons: (1) Brook impoundments, fish passage barriers, As a result of this natural condition of trout only affect a small portion of the recreational fishing, predation from and inconsistent annual flows, there remains overall ELRT population, since brook competition with brook trout, disease, a potential that ELRT individuals during trout only occur in the perennial effects from artificial propagation, and the spring attempting to migrate into the portions of the Pine Creek Watershed effects from climate change. The full Pine Creek watershed to spawn may be and not in the lake, where the main analysis for all of these stressors can be either completely precluded from population of ELRT are found; (2) there found in the ELRT 12-Month Petition making spawning runs in any given is some evidence that ELRT may Finding’s Supporting Document at year, or get stranded before reaching successfully spawn apart from the upper http://www.regulations.gov (see spawning habitat. There is no watershed streams; (3) ELRT are able to ADDRESSES, above). As discussed in information to indicate these conditions co-occur at low levels in streams where greater detail in that document, we have will change (e.g., more frequent brook trout are present; and (4) the concluded, based on the best adequate annual flows) in the future, sustainable hatchery operations are information available at this time, that and therefore we believe this condition continuing to provide robust, healthy the effects from grazing, roads and will continue to result in a minor loss populations of ELRT throughout the railroads, water impoundments, fish of both individuals and habitat. entire watershed. passage barriers, recreational fishing, However, while remaining barriers may The effects of climate change will disease, and effects from artificial result in reduced habitat opportunities result in low- to moderate-level impacts propagation (all of the stressors in some locations, and inconsistent into the foreseeable future, depending analyzed, other than predation from and annual flows may result in reduced on various projected climate conditions. competition with brook trout and spawning opportunities or stranded Future climate trends and projected climate change, which, as discussed individuals, conservation efforts climate models show a range of further below, have moderate-level (including installation of the fishway in conditions that may occur in the future. impacts) are currently low-level impacts the Pine Creek fish trap) have Therefore, the degree to which climate to ELRT and will continue at a low level significantly improved the overall change acts on the subspecies may vary into the future. With respect to fish condition relative to passage barriers (within the low to moderate range) passage barriers, the fact that this and have greatly improved the outlook under each projected modeled scenario.

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43975

Climate change may change the flow has been unable to migrate from Eagle each subsequent stressor, and all effects regime of the Pine Creek watershed, Lake to Pine Creek at all. This are combined in an overall impact on which may in turn influence the ELRT’s effectively means that, even if there is the species. Synergistic effects go ability to reach spawning habitat during some slight impact from a shift in the beyond a straightforward additive the typical spawning migration flow regime resulting from climate approach; instead a synergistic timeframe. Climate change models change, there will be a net increase in approach describes when multiple predict that winter temperatures would natural stream spawning, now and into stressors, interacting on a species or its increase, and that winter precipitation the future. For a more in-depth habitat at the same time, actually would shift from snow to rain. Under discussion of the potential effects from increase the intensity of one or more of the lower emission scenario, April climate change relative to ELRT those stressors. snowpack would be reduced 65 to 87 spawning, please see the ELRT 12- Past cumulative effects to habitat percent in the 5,740-foot (1,750-meter) Month Petition Finding’s Supporting within the Pine Creek watershed elevation range of Pine Creek, and under Document (see ADDRESSES). In addition, reduced the quality and quantity of the higher emission scenario, the while we have determined that the spawning and rearing habitat within the reduction would be from 95 to 97 potential effects from various climate Pine Creek watershed, and in percent. In either scenario, Pine Creek change scenarios are not likely to rise to conjunction with overharvesting, would be likely to flow more during the the level of impact on the ELRT such introduction of nonnative fish, and winter, due to winter rain events, but that it is in danger of extinction or likely lowering of the lake level, the flows from snowmelt during the spring to become so in the foreseeable future, population of ELRT declined. The population decline prompted the season would be lower. This has the based solely on projected conditions construction of the Trap and barrier potential to ‘‘shift’’ the flow regime that and conservation efforts that have weir to prevent the loss of adult is suitable for migration backwards in already been implemented and/or are individuals trying to migrate upstream the year toward the winter months. already ongoing and likely to continue and to collect adult spawners for Such a change would be likely to affect into the future. Planned conservation hatchery purposes. As a result of that ELRT’s spawning timing into upper (see below), including restoration of construction, the past cumulative Pine Creek. However, historically stream habitat, channel function, and hydrology, will further improve the impacts have been greatly reduced. (before climate change was a factor) Under the current conditions, we runoff timing and stream flow duration watershed’s hydrologic function and help make the watershed more resilient found that it would be reasonable to have always been a limiting anticipate cumulative effects on the environmental factor in successful to the effects of drought, potentially improving flow duration and volume. ELRT from climate change altering the spawning migrations of ELRT, and flow regime and the presence of brook Increasing the robustness of the stream observations have shown that ELRT has trout. These stressors combined may population will ensure natural a large variability in spawning timing. result in additional individuals being production will take place at times ELRT have been observed entering lost; however, this loss would still be when successful spawning migration is streams during spawning migrations considered a moderate-level impact: not possible, as the stream resident from early February through late May. More than a minor, but not widespread population will be capable of spawning The earliest spawning migration is loss of individuals, particularly when and rearing within Pine Creek, and then recorded as February 9 through 12, the installation of the fishway is likely migrate to Eagle Lake in subsequent 2015, when adult ELRT were seen to significantly improve the ability of years when conditions allow. Finally, entering Papoose Creek. The latest ELRT to spawn. We found no recorded spawning migration is within any improvements to the artificial information indicating a potential for Pine Creek, where adults were observed spawning program as a result of genetic synergistic effects between any of the spawning on May 23, 1975, and on May studies will potentially improve the stressors. Moreover, any such moderate- 22, 1995. Because of ELRT’s ability genetic variability of the subspecies, level impacts—even when combined historically to withstand stressful, making it more likely the ELRT will be with low-level impacts from other varying conditions, and their plasticity able to withstand environmental stressors—would not cause the ELRT to in spawning timing, the potential changes into the future. be in danger of extinction or likely to change in Pine Creek’s flow regime is In addition to evaluating the effect of become so in the foreseeable future. not likely to impede their spawning individual stressors, we also looked to Conservation Efforts: In addition to migrations significantly. However, one see whether multiple stressors may act evaluating the stressors, we also possible consequence of an earlier concurrently on the species, and considered and evaluated conservation spawning migration may be a reduction whether any synergistic effects were efforts that have been implemented and in the duration of the spawning season. likely. Multiple stressors may act on the shown to be effective in ameliorating Since spawning migrations are triggered same individuals of a species or their the effects of stressors on the ELRT. We by increasing water temperatures, habitat at the same time, which can describe below the sources of these earlier runoff will narrow the amount of result in impacts that are not accounted completed conservation efforts time when there is adequate runoff at for when stressors are analyzed (including some future conservation the appropriate temperature for the separately. Stressors that appear minor efforts yet to be implemented, although spawning migration. This may result in when considered alone may have we did not rely on those future fewer individuals migrating and, greater impacts on individuals or habitat conservation efforts for the ultimately, fewer individuals when analyzed cumulatively with other determination in this finding). To view contributing to the reproductive stressors. Furthermore, some stressors the complete suite of all conservation population. It is important to note that may act synergistically to cause impacts efforts, please see Tables 2 and 3 of the this discussion about potential effects to that are greater than the cumulative sum ELRT Species Report (Service, 2016, pp. spawning timing is in the context of a of the individual stressors. Cumulative 50–54, 57–60). newly re-established migratory effects can be described as additive, CRMP Group: In 1987, the connection between Eagle Lake and with the effects from each individual Coordinated Resource Management Pine Creek. For many years prior, ELRT stressor being added to the effect from Planning (CRMP) group was formed to

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43976 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

identify goals and implement a course impacts. These conservation efforts Species Report (Service 2016, pp. 45– of action for habitat and ecosystem included: 54). Through the conservation strategy, restoration for Pine Creek. The CRMP —Removal of natural passage barriers; CDFW has successfully implemented group includes membership by the U.S. —Modified spawning practices to ELRT health monitoring for disease Forest Service (USFS), the University of increase genetic diversity; and control at the hatcheries, and adjusted California Cooperative Extension for —Marking hatchery-raised fish to hatchery operations, propagation efforts, Lassen County, the California monitor the ‘‘natural’’ population. fish stocking practices, and fish passage Department of Fish and Wildlife Role of CDFW Fish Hatcheries: Since strategies to benefit natural populations (CDFW), and local landowners and the 1950s, CDFW has been raising ELRT and spawning runs of ELRT in Pine interested parties. The initial goals for for fish stocking in Eagle Lake and Pine Creek. Based on the successful track restoring Pine Creek included: (1) Creek. In addition to other hatcheries record of numerous parties Improve streambank stability; (2) that raise ELRT for fish stocking implementing these conservation improve vegetation cover in the throughout the nation, there are actions together, we conclude that watershed; (3) raise the streambed and currently two CDFW fish hatcheries ongoing implementation of those water table in the drainage, and spread (Darrah Springs and Crystal Lake State actions is removing or reducing identified stressors to the subspecies or out peak flows of Pine Creek; (4) restore Fish Hatcheries) that raise ELRT for its habitat. the natural ELRT fishery in Pine Creek; stocking into Eagle Lake and Pine Creek. (5) improve wildlife habitat along Pine Both of these hatcheries have completed Finding Creek; (6) reduce nutrient and sediment conservation efforts recommended by Based on our review of the best loading into Eagle Lake from Pine Creek; the CRMP group and are currently available scientific and commercial (7) maintain grazing and timber participating in conservation efforts in information pertaining to the five management; and (8) meet goals in a support of the 2015 conservation factors, we find that the stressors acting coordinated effort with all affected agreement and conservation strategy. on the subspecies and its habitat, either parties. The Service has been The CDFW has been an active member singly or in combination, are not of occasionally involved in the planning in planning and implementing ELRT sufficient imminence, intensity, or efforts of the CRMP group since 1995. restoration actions since 1989 as part of magnitude to indicate that ELRT the CRMP group. CDFW assisted in the (Oncorhynchus mykiss aquilarum) is in The CRMP group has completed development of the conservation numerous successful restoration actions danger of extinction throughout all of its strategy and is a signatory agency on the range (an endangered species), or likely since 1989 to improve habitat conservation agreement. conditions and re-establish natural to become endangered within the The two CDFW fish hatcheries are foreseeable future (a threatened species). populations and spawning runs of ELRT being operated in a manner to provide within the Pine Creek watershed. Populations of ELRT are improving due conservation benefits to the subspecies to past conservation actions and Restoration actions have included, by: (1) Producing a large number of among other things, replacing culverts ongoing efforts to re-establish and stocked ELRT annually, with no increase naturally occurring to increase fish passage and improving indication or reason to stop doing so in grazing practices. A summary of the populations. Current and ongoing the future; (2) monitoring naturally habitat management and restoration restoration actions, both completed and produced fish; (3) managing for genetic activities for ELRT have made planned, is shown in Table 2 of the diversity and disease outbreak control; substantial progress since their Service’s ELRT Species Report (Service (4) providing access to upstream creek inception and are continuing into the 2016, pp. 49–54). As stated above, our reaches for spawning by installation of future. determination in this finding only relied the fishway at the Trap; and (5) We also considered whether the ELRT on those conservation efforts that have planning to remove predatory nonnative is threatened or endangered throughout been implemented and shown effective brook trout. In evaluating the a significant portion of its range. We at reducing or removing stressor conservation benefits from hatchery evaluated the current range of the ELRT impacts. 2015 ELRT Conservation operations, we did not rely on the to determine if there is any apparent Agreement and Conservation Strategy: A potential for brook trout removal. geographic concentration of potential 2015 conservation agreement for ELRT Instead, we focused on those actions threats for the ELRT. The ranges for and the associated conservation strategy already undertaken (removal of the Trap naturally occurring populations of ELRT were developed to expedite the as a passage barrier) and operations that are relatively small and limited to the implementation of conservation are already in place (propagation, watershed for where they are found, measures for the ELRT as a collaborative genetic practices, disease control), have unless they are stocked by CDFW in and cooperative effort among the CDFW, already provided conservation benefits, Eagle Lake and other areas due to the USFS, and the Service. The and will continue to do so into the artificial propagation. We also examined conservation strategy was created to future. potential stressors throughout the range serve as a framework for the The CRMP group has completed of the ELRT. Because the distribution of conservation and protection of the ELRT numerous successful restoration actions the subspecies is generally limited to and to contribute to the species’ to improve habitat conditions and Eagle Lake and the Pine Creek persistence into the future. Conservation reestablish natural populations and watershed, and the stressors are similar actions described in the conservation spawning runs of ELRT within the Pine and essentially uniform throughout the strategy are currently being Creek watershed since 1989. Restoration range, we found no portion of the range implemented by CDFW and USFS, or actions include, but are not limited to: that could qualify as a significant are being planned for future Improving grazing practices, replacing portion of the ELRT’s range and no implementation. As stated above, our culverts to increase fish passage, and concentration of stressors that suggests determination in this finding only relied attempting to remove nonnative brook that the ELRT may be in danger of on those conservation efforts that have trout from Bogard Spring Creek. A extinction, or likely to become in danger been implemented and shown effective summary of the restoration actions is of extinction, in any portion of its range. at reducing or removing stressor shown in Table 2 of the Services ELRT Therefore, we find that listing the ELRT

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43977

as an endangered or a threatened it is endemic to Coffee Springs, a small development and land use, nonnative species throughout all of or a significant spring located within Ichetucknee species, and the effects of climate portion of its range is not warranted at Springs State Park along the west bank change as potential stressors to this this time. of the Ichetucknee River about 1.6 species. After examining these potential This document constitutes the kilometers (1.0 mile) northeast of U.S. stressors under a five-factor analysis, we Service’s 12-month finding on the Highway 27 in Suwannee County, found that they are not actual stressors petition to list the ELRT as an Florida. Coffee Springs is a third to the Ichetucknee siltsnail at this time. endangered or threatened species and magnitude spring with a flow of 2.83 CBD indicated that recreation was the fulfills our settlement obligation. A cubic feet per second (cfs) and a pool biggest threat, as recreational activities detailed discussion of the basis for this area between 364 square meters (m2; on the adjacent Ichetucknee River will finding can be found in the ELRT 3,918 square feet (ft2)) and 19 m2 (205 cause habitat degradation and Petition Finding’s Supporting Document ft2). The spring is open and continuous destruction. However, the Ichetucknee (see ADDRESSES, above). with the Ichetucknee River. The siltsnail State Park (Park) has fenced off Coffee exists throughout the entire spring in Springs from the Ichetucknee River to Ichetucknee Siltsnail (Floridobia mica) varying densities, and they are found in prevent any such disturbance to snail Previous Federal Actions nearly all habitat types within the habitat. The Park also is implementing spring. Little is known about the a management plan that includes On April 20, 2010, we received a Ichetucknee siltsnail’s biology and monitoring and protecting this species. petition from the Center for Biological behavior, as there has not been a Under this plan, Coffee Springs is Diversity (CBD), Alabama Rivers comprehensive study of the species. periodically monitored and inspected to Alliance, Clinch Coalition, Dogwood However, some of the life history of the ensure that no damage to the habitat Alliance, Gulf Restoration Network, genus Floridobia has been described. occurs and that there have been no Tennessee Forests Council, West Most Floridobia snails have a lifespan of changes to the habitat of the siltsnail or Virginia Highlands Conservancy, Tierra 1 to 2 years, and the sexes are dioecious the surrounding areas. Protective Curry, and Noah Greenwald (referred to (separate). Reproduction is sexual and fencing and signage in the area of Coffee as the ‘‘CBD petition’’) requesting that occurs throughout the year, and females Springs is also being maintained. the Service consider for listing as either may be either oviparous (egg-laying) or Groundwater depletion was identified endangered or threatened 404 species in ovoviviparous (live birth after eggs by CBD as a threat; however, it is not the southeastern United States, hatch inside the body). The females are expected to affect the population of including the Ichetucknee siltsnail, that larger than the males, and the ratio of siltsnails despite a flow deficit on the were ranked as G1 or G2 by the females to males tends to be greater. Ichetucknee River. In addition, organization NatureServe; as near Floridobia are found in greater minimum flows and levels (MFLs) for threatened or worse by the International abundance closer to spring heads, where the Lower Santa Fe and Ichetucknee Union for Conservation of Nature; or as the water temperature and flow are Rivers and priority springs areas, a species of concern, threatened, or steady and where dissolved oxygen including Coffee Springs, have been endangered by the American Fisheries levels are low. Abundance decreases established by the Suwannee River Society. The Service issued 90-day farther from the spring head, and Water Management District (SRWMD) findings on September 27, 2011 (76 FR population size seems to be influenced and an MFL recovery or prevention 59836), in response to the petition and by the substrates available in the springs strategy has been put into place that is concluded that the petition presented as well as by spring velocity, presence expected to raise the flows and levels so substantial information indicating that of macrophytes and algae mats, and that they will not fall below the the listing of 374 species (including the flood frequency. Abundance is established minimums and, therefore, Ichetucknee siltsnail) under the Act positively associated with the amount of we do not anticipate future negative ‘‘may be warranted.’’ On June 17, 2014, available shading. Floridobia are prey to effects on the species that would rise to CBD filed a complaint against the some small fishes; however, the role of the population level. Although Service to compel the Service to issue predators on the population size is identified by CBD, there is no evidence a 12-month finding as to whether the unknown. Floridobia graze on detritus of saltwater intrusion occurring in listing of the Ichetucknee siltsnail is and periphyton/biofilm. While a Coffee Springs or on the Ichetucknee warranted, not warranted, or warranted toxicity test has not been performed on River that would affect the Ichetucknee but precluded. The complaint was the Ichetucknee siltsnail, it is likely it siltsnail. There is a concern for resolved on September 22, 2014, when would be sensitive to contaminants, as groundwater contamination and water the U.S. District Court approved a studies on other Hydrobiidae snails pollution through increasing nitrate settlement agreement between the have shown low tolerance to levels in the Ichetucknee spring system Service and CBD, including a contaminants. based on samples taken within the commitment for the Service to submit a springs since the 1940s. However, these 12-month finding for the Ichetucknee Summary of Status Review changes have been very gradual, and siltsnail to the Federal Register by June The CBD petition identified recreation any future changes are also expected to 30, 2016. as the primary threat to the Ichetucknee occur very slowly. Currently, exposure siltsnail and also identified aquifer to increased nitrate levels does not Background withdrawal (groundwater depletion), appear to be having a negative effect on The Ichetucknee siltsnail (Floridobia saltwater intrusion within karst habitats, the Ichetucknee siltsnail. Additionally, mica) is a freshwater snail in the groundwater contamination and water Florida Department of Environmental phylum Mollusca, order pollution, small population size effects, Protection (FDEP) has been Littorinimorpha, and family and lack of regulatory mechanisms in implementing a basin management Hydrobiidae and is a distinct species. place to protect this snail as potential action plan (BMAP) since February of This snail is small with a shell that is stressors to the species. The Service 2012, for the management of total between 2.0 and 2.3 millimeters (0.08 to examined these potential stressors maximum daily load (TMDL) for 0.09 inches) in length. The Ichetucknee indicated by CBD, as well as the nitrates in the water systems of the siltsnail is known in only one locality; potential for contaminant spills, Ichetucknee River and Santa Fe River

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43978 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

basins, which includes the Ichetucknee The existing regulatory mechanisms and commercial information, we found River and spring system, and water we examined are reducing, and likely to no evidence that these potential quality is expected to improve over continue reducing, the stressors. There stressors are acting on, or having a time. There is a buffer of State park land are a number of laws that set standards negative impact on, the Ichetucknee ranging from 500 to 1,700 m (5,381.96 for clean water generally such as the siltsnail. In addition, the State continues to 18,298.65 ft) wide surrounding both Clean Water Act of 1972 (CWA; 33 to manage the site to protect both the sides of the river at and upstream of U.S.C. 1251 et seq.) and the Safe habitat and the species. Drinking Water Act of 1974 (SDWA; 42 Coffee Springs. Therefore, contaminant Because the Ichetucknee siltsnail is U.S.C. 300f et seq.). The CWA and spills are unlikely to occur on the only known from one location (Coffee protected State park property and are SDWA are in place to protect water Springs), there is no portion of the therefore not considered a likely stressor quality such that it will be supportive of species’ range where potential threats to the Ichetucknee siltsnail or its aquatic wildlife. State regulatory are significantly concentrated or habitat. Development and land use are mechanisms in place include substantially greater than in other also not stressors, because Coffee protections of the Ichetucknee River and portions of its range. Therefore, we find Springs is located entirely within a springs under designation as class III protected zone in the State park land waters and as Outstanding Florida that factors affecting the Ichetucknee where development and other uses are Waters. Both of these designations siltsnail are essentially uniform excluded. ensure protection of water quality in the throughout its range, indicating no groundwater, springs, and surface portion of the range is likely to be in While nonnative species can danger of extinction or likely to become sometimes result in the loss and decline waters of the Ichetucknee River and so. Therefore, no portion warrants of a native species, and two nonnative spring system and are therefore also further consideration to determine species were identified in the protective of the habitat used by the whether the species may be endangered Ichetucknee River, neither of the Ichetucknee siltsnail. The SRWMD has or threatened in a significant portion of nonnative species was identified within included consideration of the its range. Coffee Springs, nor were they shown to Ichetucknee siltsnail within its established MFLs, and the Park has be colonizing the adjacent Ichetucknee Based on our review of the best included the management and River in high numbers. The best available scientific and commercial protection of snail habitat within its available information indicates that information pertaining to the five park management plan. FDEP has nonnative species are not affecting the factors, we find that the stressors, even enacted a BMAP for the management of Ichetucknee siltsnail at the species level when considered cumulatively, are not TMDLs for nitrates in the water systems now, nor do we have indication that of sufficient imminence, intensity, or of the Ichetucknee River and Santa Fe they will in the future. While climate magnitude to indicate that the River basins. While this is not change has the potential to affect habitat Ichetucknee siltsnail is in danger of specifically designed to alleviate used by this species, much uncertainty stressors on the Ichetucknee siltsnail, its extinction (endangered), or likely to remains regarding which habitat purpose is to ensure that TMDLs within become endangered within the attributes may be affected, and the the Ichetucknee River and spring system foreseeable future (threatened), timing, magnitude, and rate of change. are monitored and managed. throughout all of its range or any Based on this variability and In making our 12-month finding on significant portion of its range. uncertainty of the effects of climate the petition, we consider and evaluate Therefore, we find that listing the change on the Ichetucknee siltsnail the best available scientific and Ichetucknee siltsnail as an endangered within its range, we cannot reasonably commercial information. This or threatened species under the Act is determine that the effects of climate evaluation includes information from all not warranted at this time. change are likely to be a threat to the sources, including State, Federal, tribal, This document constitutes the species now or in the foreseeable future. academic, and private entities and the Service’s 12-month finding on the April Small population size effects are one of public. After evaluating the best 20, 2010, petition to list the Ichetucknee the reasons the Ichetucknee siltsnail available scientific and commercial siltsnail as an endangered or threatened was identified under the CBD petition information on all potential stressors species and fulfills our settlement as a species at risk for extinction. acting individually or in combination, obligation. A detailed discussion of the However, the known distribution of the we found no information to indicate basis for this finding can be found in the species has always been limited and that the combined effects are causing a Ichetucknee Siltsnail Petition Finding’s small, and the population within the population-level decline or currently spring appears to be healthy and Supporting Document (see ADDRESSES, degrading habitat of the species or that above). abundant, has persisted in this location, they are likely to do so in the and does not appear to be negatively foreseeable future. New Information affected at the population level by the potential stressors identified in the CBD Finding We request that you submit any new petition or by the potential stressors we We examined potential threats to the information concerning the status of, or identified. In addition, measures are in Ichetucknee siltsnail from development, stressors to, the Eagle Lake rainbow place to protect or monitor both the recreation, groundwater withdrawal, trout or the Ichetucknee siltsnail to the habitat and the population. The CBD nonnative species, environmental appropriate person, as specified under petition did not identify overutilization, contaminants, overutilization, disease or FOR FURTHER INFORMATION CONTACT, disease, or predation as threats to the predation, the inadequacy of existing whenever it becomes available. New species, and the best available scientific regulatory mechanisms, small information will help us monitor these and commercial information does not population size, and the effects of species and encourage their indicate that these stressors are climate change. The population is now conservation. If an emergency situation negatively affecting the Ichetucknee the largest it has ever been and appears develops for either of these species, we siltsnail, or that they are likely to do so to have been stable since 1968. After will act to provide immediate in the foreseeable future. evaluating the best available scientific protection.

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43979

References Cited Georgia Basin canary rockfish otherwise sensitive information Lists of the references cited in the population does not meet the DPS submitted voluntarily by the sender will petition findings are available on the criteria and therefore does not qualify be publicly accessible. We will accept Internet at http://www.regulations.gov for listing under the ESA. anonymous comments (enter ‘‘N/A’’ in We also propose to update and amend and upon request from the appropriate the required fields if you wish to remain the listing description for the Puget person, as specified under FOR FURTHER anonymous). Sound/Georgia Basin yelloweye rockfish INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Dan (S. ruberrimus) DPS based on a Tonnes, NMFS, West Coast Region, Authors geographic description to include fish Protected Resources Division, 206–526– The primary authors of this document within specified boundaries. Further, 4643; or Chelsey Young, NMFS, Office are the staff members of the Unified although the current listing description of Protected Resources, 301–427–8403. Listing Team, Ecological Services is not based on boundaries, with this SUPPLEMENTARY INFORMATION: Program. proposal we are also correcting a descriptive boundary for the DPS Background Authority depicted on maps to include an area in We have been petitioned several times The authority for this section is the northern Johnstone Strait and Queen to list various ‘‘DPSs’’ of rockfish in the section 4 of the Endangered Species Act Charlotte Channel in waters of Canada Puget Sound region. In response to a of 1973, as amended (16 U.S.C. 1531 et consistent with newly obtained genetic petition in 1999, we conducted a status seq.). information on yelloweye rockfish review of brown rockfish, copper population grouping. rockfish, and quillback rockfish (Stout Dated: June 24, 2016. We also propose to update and amend Stephen Guertin, et al. 2001). During this status review, the listing description for the bocaccio the Biological Review Team (BRT) that Acting Director, U.S. Fish and Wildlife DPS based on a geographic description Service. we established determined that the and to include fish within specified available genetic information for each [FR Doc. 2016–15935 Filed 7–5–16; 8:45 am] boundaries. species demonstrated population BILLING CODE 4333–15–P DATES: Information and comments on structure and supported a determination the subject action must be received by of discreteness as defined by the joint September 6, 2016. NMFS and U.S. Fish and Wildlife DEPARTMENT OF COMMERCE ADDRESSES: Reference materials Service (USFWS) 1996 DPS Policy (61 FR 4722; February 7, 1996). Based on National Oceanic and Atmospheric supporting this rulemaking can be this examination, the BRT identified a Administration obtained via the Internet at: http:// www.westcoast.fisheries.noaa.gov/ or by DPS for each of the three rockfish species in Puget Sound proper that can 50 CFR Parts 223 and 224 submitting a request to Dan Tonnes, Protected Resources Division, West be considered a species under the ESA, [Docket No. 160524463–6544–01] Coast Region, National Marine Fisheries and concluded that none of the Service, 7600 Sand Point Way NE., identified DPSs were at risk of RIN 0648–XE657 Seattle WA, 98115. extinction (Stout et al. 2001). Endangered and Threatened Species; You may submit comments, identified On April 9, 2007, we received a Removal of the Puget Sound/Georgia by the code: NOAA–NMFS–2016–0070 petition from Mr. Sam Wright (Olympia, by either of the following methods: Washington) to list DPSs of five rockfish Basin Distinct Population Segment of • Canary Rockfish From the Federal List Electronic Submissions: Submit all species (yelloweye, canary, bocaccio, of Threatened and Endangered electronic public comments via the greenstriped and redstripe) in Puget Species, and Removal of Designated Federal eRulemaking Portal. Go to Sound, as endangered or threatened Critical Habitat, and Update and www.regulations.gov/ species under the ESA and to designate Amend the Listing Descriptions for the #!docketDetail;D=NOAA-NMFS-2016- critical habitat. We found that this Yelloweye Rockfish DPS and Bocaccio 0070. Click the ‘‘Comment Now’’ icon, petition did not present substantial DPS complete the required fields, and enter scientific or commercial information to or attach your comments. suggest that the petitioned actions may AGENCY: National Marine Fisheries • Mail: Send comments to Chris be warranted (72 FR 56986; October 5, Service (NMFS), National Oceanic and Yates, Assistant Regional Administrator, 2007). On October 29, 2007, we received Atmospheric Administration (NOAA), Protected Resources Division, NMFS, a letter from Mr. Wright presenting Commerce. West Coast Regional Office, Attn: Dan information that was not included in the ACTION: Proposed rule; request for Tonnes, 7600 Sand Point Way NE., April 2007 petition, and requesting comments. Seattle, WA 98115. reconsideration of the decision not to Instructions: You must submit initiate a review of the species’ status. SUMMARY: We, NMFS, are issuing a comments by one of the above methods We considered the supplemental proposed rule to remove the Puget to ensure that we receive, document, information as a new petition and Sound/Georgia Basin canary rockfish and consider them. Comments sent by concluded that there was enough (Sebastes pinniger) Distinct Population any other method, to any other address information in this new petition to Segment (DPS) from the Federal List of or individual, or received after the end warrant conducting status reviews of Threatened and Endangered Species of the comment period, may not be these five rockfish species. The status and remove its critical habitat considered. All comments received are review was initiated on March 17, 2008 designation as recommended in the a part of the public record and will (73 FR 14195) and completed in 2010 recent five-year review under the generally be posted for public viewing (Drake et al. 2010). Endangered Species Act (ESA). We on http://www.regulations.gov without In the 2010 status review, the BRT propose these actions based on newly change. All personal identifying used the best scientific and commercial obtained genetic information that information (e.g., name, address, etc.), data available at that time, including demonstrates that the Puget Sound/ confidential business information, or environmental and ecological features of

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43980 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

the Puget Sound/Georgia Basin, but the listed rockfish species. Through the physical, physiological, ecological, or noted that the limited genetic and process of recovery planning, priority behavioral factors; or (2) it is delimited demographic data for the five petitioned research and recovery actions emerged. by international governmental rockfish species populations created One such action was to seek specific boundaries within which differences in some uncertainty in the DPS genetic data for each of these rockfish control of exploitation, management of determinations (Drake et al. 2010). The species to better evaluate and determine habitat, conservation status, or BRT assessed genetic data from the whether differences exist in the genetic regulatory mechanisms exist that are Strait of Georgia (inside waters of structure of the listed species’ significant in light of section 4(a)(1)(D) eastern Vancouver Island) for yelloweye populations between inland basins of the ESA (61 FR 4722; February 7, rockfish (Yamanaka et al. 2006), that where the DPSs occur and the outer 1996). According to the policy, indicated a distinct genetic cluster that coast. quantitative measures of genetic or differed consistently from coastal In 2014 and 2015, we partnered with morphological discontinuity can be samples of yelloweye rockfish, but also the Washington Department of Fish and used to provide evidence for item (1) observed that genetic data from Puget Wildlife, several local fishing guides, below. Sound were not available for this and Puget Sound Anglers to collect A population may be considered species. The BRT also noted there was samples and compare the genetic significant if it satisfies any one of the genetic information for canary rockfish structure of the species’ populations following conditions: (1) Persistence of (Wishard et al. 1980) and bocaccio between the different basins of the Puget the discrete segment in an ecological (Matala et al. 2004, Field et al. 2009) in Sound/Georgia Basin DPSs area and the setting unusual or unique for the taxon; coastal waters, but no genetic data for outer coast. (2) evidence that loss of the discrete either species from inland Puget Sound In 2015, we announced a five-year segment would result in a significant waters. The BRT found that in spite of review (80 FR 6695; February 6, 2015) gap in the range of the taxon; (3) these data limitations there was other for the three rockfish DPSs. The five- evidence that the discrete segment evidence to conclude that each noted year review was completed on May 5, represents the only surviving natural population of rockfish within inland 2016 (NMFS 2016), and is available at: occurrence of a taxon that may be more waters of the Puget Sound/Georgia http:// abundant elsewhere as an introduced Basin was discrete from its coastal www.westcoast.fisheries.noaa.gov/ population outside its historical range; counterpart. Specifically, the BRT noted publications/protected_species/other/ or 4) evidence that the discrete segment similar life histories of rockfish and rockfish/5.5.2016_5yr_review_report_ differs markedly from other populations based their determinations, in part, on rockfish.pdf. To complete the review, of the species in its genetic the status review of brown rockfish, we collected, evaluated, and characteristics. copper rockfish, and quillback rockfish incorporated all information on the The ESA gives us clear authority to (Stout et al. 2001) and the genetic species that has become available since make listing determinations and to information for those species that April 2010, the date of the listing, revise the Federal list of endangered and supported separate DPSs for inland including the 2014 final critical habitat threatened species to reflect these compared to coastal populations (Drake designation and the newly obtained determinations. Section 4(a)(1) of the et al. 2010). Thus, based on information genetic information. This newly ESA authorizes us to determine by related to rockfish life history, genetic obtained genetic information and the regulation whether ‘‘any species,’’ variation among populations, and the five-year review inform the conclusions which is defined to include species, environmental and ecological features of in this proposed rule. subspecies, and DPSs, is an endangered species or a threatened species based on Puget Sound and the Georgia Basin, the Policies for Delineating and Listing certain factors. Review of a species’ BRT identified Puget Sound/Georgia Species Under the ESA Basin DPSs for yelloweye rockfish, status may be commenced at any time, canary rockfish, and bocaccio, and a Under the ESA, the term ‘‘species’’ either on the Services’ own initiative— Puget Sound proper DPS for means a species, a subspecies, or a DPS through a status review or in connection greenstriped rockfish and redstripe of a vertebrate species (16 U.S.C. with a five-year review under Section rockfish (Drake et al. 2010). 1532(16)). A joint NMFS–USFWS policy 4(c)(2)—or in response to a petition. Informed by the BRT clarifies the Services’ interpretation of Because a DPS is not a scientifically recommendations and our interpretation the phrase ‘‘Distinct Population recognized entity, but rather one created of best available scientific and Segment,’’ or DPS (61 FR 4722; February under the language of the ESA and commercial data, on April 28, 2010, we 7, 1996). The DPS Policy requires the effectuated through our DPS Policy (61 listed the Puget Sound/Georgia Basin consideration of two elements when FR 4722; February 7, 1996), we have DPSs of yelloweye rockfish and canary evaluating whether a vertebrate some discretion to determine whether rockfish as threatened under the ESA, population segment qualifies as a DPS populations of a species should be and the Puget Sound/Georgia Basin DPS under the ESA: (1) Discreteness of the identified as DPSs and, based upon their of bocaccio as endangered (75 FR population segment in relation to the range and propensity for movement, 22276). The final critical habitat rule for remainder of the species/taxon; and, if what boundaries should be recognized the listed DPSs of rockfishes was discrete, (2) the significance of the for a DPS. Section 4(c)(1) of the ESA published in the Federal Register on population segment to the species/taxon gives us authority to update the Federal November 1, 2014 (79 FR 68041). We to which it belongs. Thus, under the list of threatened and endangered determined that greenstriped rockfish DPS policy a population segment is species to reflect these determinations. (S. elongatus) and redstripe rockfish (S. considered a DPS if it is both discrete This can include revising the list to proriger) within Puget Sound proper from other populations within its taxon remove a species or reclassify the listed each qualified as a DPS, but these DPSs and significant to its taxon. entity. were not at risk of extinction throughout A population may be considered Under sections 4(c)(1) and 4(a)(1) of all or a significant portion of their discrete if it satisfies either one of the the ESA, the Secretary shall undertake ranges (Drake et al. 2010). following conditions: (1) It is markedly a five-year review of a listed species and In 2013, we appointed a recovery separated from other populations of the consider, among other things, whether a team and initiated recovery planning for same taxon as a consequence of species’ listing status should be

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43981

continued. Pursuant to implementing NMFS Southwest Fisheries Science DPS as fish residing within certain regulations at 50 CFR 424.11(d), a Center’s Fisheries Resource Division, boundaries (including this geographic species shall be removed from the list if and the NMFS Northwest Fisheries area farther north in the Strait of Georgia the Secretary of Commerce determines, Science Center’s West Coast groundfish waters in Canada). We propose this based on the best scientific and bottom trawl survey. Samples collected change because this description better commercial data available after from these sources were used to aligns with yelloweye rockfish life- conducting a review of the species’ examine the population structure for history and their sedentary behavior as status, that the species is no longer each species. Population structure was adults, rather than the current threatened or endangered because of examined using three methods: description of fish originating from the one or a combination of the section principal components analysis, Puget Sound/Georgia Basin. calculation of F (fixation index; 4(a)(1) factors. A species may be ST Canary Rockfish Findings delisted only if such data substantiate measure of population differentiation) that it is neither endangered nor among geographic groups, and a These same analytical methods were threatened for one or more of the population genetics based model used to analyze population structure in following reasons: clustering analysis (termed canary rockfish. These current analyses (1) Extinction. Unless all individuals STRUCTURE) (NMFS 2016). indicate a lack of genetic differentiation of the listed species had been previously NMFS’ Puget Sound/Georgia Basin of canary rockfish between coastal and identified and located, and were later rockfish BRT reviewed the results from inland Puget Sound/Georgia Basin found to be extirpated from their the new genetic information. Their samples. FST values, a metric of previous range, a sufficient period of recommendations (Ford 2015) informed population differentiation, among time must be allowed before delisting to and were further evaluated during the groups were not significantly different indicate clearly that the species is five-year review. The results are from zero among geographic regions, extinct. summarized below. and STRUCTURE analysis did not provide evidence supporting population (2) Recovery. The principal goal of the Yelloweye Rockfish Findings Services is to return listed species to a structure in the data. None of these point at which protection under the Several different analytical methods analyses provided any evidence of ESA is no longer required. A species indicated significant genetic genetic differentiation between canary may be delisted on the basis of recovery differentiation between the inland and rockfish along the coast from the canary only if the best scientific and coastal samples of yelloweye rockfish at rockfish within the boundaries of the commercial data available indicate that a level consistent with the limited Puget Sound/Georgia Basin DPS (NMFS genetic data for this species (Yamanaka it is no longer endangered or threatened. 2016). (3) Original data for classification in et al. 2006) that were available at the The BRT noted that the very large error. Subsequent investigations may time of the 2010 status review. The BRT number of loci provided considerable show that the best scientific or concluded that these new data represent power to detect differentiation among the best available science and sample groups and concluded that the commercial data available when the commercial data and are consistent with lack of such differentiation indicated species was listed, or the interpretation and confirm the existence of an inland that it is unlikely that the inland Puget of such data, were in error (50 CFR population of Puget Sound/Georgia Sound/Georgia Basin samples are 424.11(d)). Basin yelloweye rockfish that is discrete discrete from coastal areas (Ford 2015). DPS and Status Determinations from coastal yelloweye rockfish (Ford In the context of this newly obtained 2015). In addition, yelloweye rockfish genetic information, the BRT considered Genetics Data Collection and Analysis from Hood Canal were genetically whether other factors that supported the Methods differentiated from other Puget Sound/ original discreteness determination, Analysis of the geographical Georgia Basin fish, indicating a such as oceanography and ecological distribution of genetic variation is a previously unknown degree of differences among locations, continue to powerful method of identifying discrete population differentiation within the support a finding of discreteness for this populations (Drake et al. 2010); thus, DPS. population. In considering this newly genetic analysis provides useful The BRT also found that new genetic obtained genetic data in the context of information to address the uncertainties information from Canada demonstrates the other evidence, the BRT found that associated with the limited information that yelloweye rockfish occurring in the their original interpretation of the that informed our initial discreteness northern Johnstone Strait and Queen scientific data informing discreteness is determinations for yelloweye rockfish, Charlotte Channel clustered genetically no longer supported. Rather, they canary rockfish and bocaccio. with yelloweye rockfish occurring in the concluded that the lack of genetic To address the need for specific northern Strait of Georgia, the San Juan differentiation indicates sufficient genetic data from yelloweye rockfish, Islands, and Puget Sound. This is dispersal to render a discreteness canary rockfish and bocaccio within the consistent with additional genetic determination based on environmental inland Puget Sound/Georgia Basin area analysis identifying a population of factors implausible. The BRT found that to compare to genetic data from rockfish yelloweye rockfish inside the waters of current genetic data evaluated and in coastal areas as defined during eastern Vancouver Island (Yamanaka et. interpreted in the context of all recovery planning, we collected al. 2006, COSEWIC 2008, Yamanaka et available scientific information now biological samples for genetic analysis al. 2012, Seigle et al. 2013). Based on provides strong evidence that canary several ways. Over the course of 74 this information and the five-year rockfish of the Puget Sound/Georgia fishing trips, biological samples were review, this proposed rule would Basin are not discrete from coastal area gathered from listed rockfishes using correct the previous description of the canary rockfish. Based on the BRT hook-and-line recreational fishing northern boundary of the threatened findings, the five-year review, and best methods in Puget Sound and the Strait Puget Sound/Georgia Basin yelloweye available science and commercial of Juan de Fuca. Additional samples rockfish (S. ruberrimus) DPS to include information, and in accordance with the were gathered from archived sources this area. This proposed rule would also DPS policy, we have determined that from Fisheries and Oceans Canada, the update and amend the description of the the canary rockfish of the Puget Sound/

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43982 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

Georgia Basin do not meet the criteria to need for a post-delisting monitoring originating from the Puget Sound/ be considered a DPS. The new genetic plan. Georgia Basin. data reveal that canary rockfish of the Bocaccio Findings Effects of the New Determinations Puget Sound/Georgia Basin are part of the larger population occupying the Bocaccio are rare within the DPS area Based on the new information and the Pacific Coast. Canary rockfish of the and we were able to obtain only a few BRT’s determination, we propose that Pacific Coast was declared overfished in samples of them in the genetic study. Puget Sound/Georgia Basin canary 2000 and a rebuilding plan under the Because of their rarity, the genetic rockfish be removed from the Federal Magnuson-Stevens Fishery analysis for bocaccio included only two List of Threatened and Endangered Conservation and Management Act was samples from within the DPS area, and Species. The Puget Sound/Georgia Basin put in place in 2001. NMFS determined this is not sufficient information to yelloweye rockfish DPS shall remain the stock to be ‘‘rebuilt’’ in 2015 change our prior status review threatened under the ESA, and the (Thorson and Wetzel 2015, NMFS determination that Puget Sound/Georgia Puget Sound/Georgia Basin bocaccio 2016). Basin bocaccio are discrete from coastal DPS shall remain endangered. fish (Ford, 2015). Based on the discussion above and The BRT noted that bocaccio have a We also propose to remove designated the recommendation of the five-year propensity for greater adult movement critical habitat for canary rockfish. The review, we are proposing to remove than more benthic rockfish species, critical habitat designation for the Puget Puget Sound/Georgia Basin canary similar to the case for canary rockfish. Sound/Georgia Basin yelloweye rockfish rockfish from the Federal List of The BRT considered that the lack of and bocaccio DPSs will remain in place. Threatened and Endangered Species genetic differentiation between coastal The area removed as designated critical because the new genetic data evaluated and Puget Sound/Georgia Basin canary habitat for canary rockfish will continue and interpreted in the context of all best rockfish might suggest a similar lack of to be designated critical habitat for available science indicate they are not a genetic differentiation for bocaccio bocaccio and, thus, there will be no discrete population. Under section because of similarities in the life history change to the spatial area that was 4(c)(1) of the ESA and the implementing of the two species. However, the BRT originally designated. Maps of critical regulations at 50 CFR 424.11(d)(3), we concluded that the new information was habitat can be found on our Web site at may propose to delist canary rockfish if, not sufficient to change the conclusions http://www.westcoast.fisheries.noaa.gov among other things, subsequent of the previous BRT documented in and in the final critical habitat rule (79 investigation demonstrates that our Drake et al. (2010). This is consistent FR 68041; November 13, 2014). interpretation of best scientific or with the five-year review Additionally, we propose to update commercial information was in error. recommendation (NMFS 2016) and is and amend the listing description of the After considering this newly obtained based upon best available scientific data yelloweye rockfish DPS to define genetic data in the context of the other and commercial information. geographical boundaries including an evidence supporting discreteness, we Similar to yelloweye rockfish, we area farther north of the Johnstone Strait determined that our original propose to update and amend the listing in Canada (Figure 1). This boundary interpretation of discreteness for Puget description of the bocaccio DPS to would not have an effect on critical Sound/Georgia Basin canary rockfish is describe boundaries to include fish habitat, because we do not designate no longer supported and was in error. residing within the Puget Sound/ critical habitat outside U.S. territory. Based on this reasoning, there is no Georgia Basin rather than fish BILLING CODE 3510–22–P

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43983

BILLING CODE 3510–22–C References Cited types of information disseminated by If the Puget Sound/Georgia Basin The complete citations for the the Federal Government. Peer review canary rockfish DPS is delisted, then the references used in this document can be under the OMB Peer Review Bulletin requirements under section 7 of the ESA obtained by contacting NMFS (See ensures that our listing determinations would no longer apply. Federal agencies ADDRESSES and FOR FURTHER are based on the best available scientific would be relieved of the need to consult INFORMATION CONTACT) or on our Web and commercial information. Prior to a with us on their actions that may affect page at: http:// final rule, and during the public Puget Sound/Georgia Basin canary www.westcoast.fisheries.noaa.gov. comment period, NMFS will solicit the rockfish and their designated critical expert opinions of three qualified habitat and to insure that any action Information Quality Act and Peer specialists selected from the academic Review they authorize, fund, or carry out is not and scientific community, Federal and likely to jeopardize the continued In December 2004, OMB issued a state agencies, or the private sector to existence of canary rockfish or adversely Final Information Quality Bulletin for review our five-year review and modify their critical habitat. ESA Peer Review pursuant to the Information underlying science supporting this section 7 consultation requirements will Quality Act. The Bulletin was published action, to ensure the best biological and remain in place for the Puget Sound/ in the Federal Register on January 14, commercial information is being used in Georgia Basin yelloweye rockfish and 2005 (70 FR 2664). The Bulletin the decision-making process. bocaccio DPSs. Recovery planning established minimum peer review efforts will continue for these listed standards, a transparent process for DPSs as well. public disclosure of peer review planning, and opportunities for public participation with regard to certain

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS EP06JY16.000 43984 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

Classification collection of information requirement Dated: June 23, 2016. for the purposes of the Paperwork Samuel D. Rauch, III, National Environmental Policy Act (NEPA) Reduction Act. Deputy Assistant Administrator for Regulatory Programs, National Marine The 1982 amendments to the ESA, in Executive Order 13122, Federalism Fisheries Service. section 4(b)(1)(A), restrict the In accordance with E.O. 13132, we For the reasons set out in the information that may be considered determined that this proposed rule does preamble, 50 CFR parts 223 and 224 are when assessing species for listing. Based not have significant federalism effects proposed to be amended as follows: on this limitation of criteria for a listing and that a federalism assessment is not decision and the opinion in Pacific PART 223—THREATENED MARINE required. In keeping with the intent of Legal Foundation v. Andrus, 657 F. 2d AND ANADROMOUS SPECIES 829 (6th Cir. 1981), we have concluded the Administration and Congress to that NEPA does not apply to ESA listing provide continuing and meaningful ■ 1. The authority citation for part 223 actions. (See NOAA Administrative dialogue on issues of mutual state and continues to read as follows: Federal interest, this proposed rule will Order 216–6.) Authority: 16 U.S.C. 1531–1543; subpart be shared with the relevant state Executive Order 12866, Regulatory B, § 223.201–202 also issued under 16 U.S.C. agencies in Washington state. 1361 et seq.; 16 U.S.C. 5503(d) for Flexibility Act, and Paperwork § 223.206(d)(9). Reduction Act List of Subjects ■ 2. In § 223.102, in the table in As noted in the Conference Report on 50 CFR Part 223 paragraph (e), under the subheading the 1982 amendments to the ESA, ‘‘Fishes’’, remove the entry for economic impacts cannot be considered Endangered and threatened species, Exports, Imports, Transportation. ‘‘Rockfish, canary (Puget Sound/Georgia when assessing the status of a species. Basin DPS)’’; and revise the table entries Therefore, the economic analysis 50 CFR Part 224 for ‘‘Rockfish, yelloweye (Puget Sound/ requirements of the Regulatory Georgia Basin DPS)’’, to read as follows: Flexibility Act are not applicable to the Endangered and threatened species. listing process. In addition, this § 223.102 Enumeration of threatened proposed rule is exempt from review marine and anadromous species. under Executive Order 12866. This * * * * * proposed rule does not contain a (e) * * *

Species 1 Citation(s) for listing Critical habitat ESA rules Common name Scientific name Description of listed entity determination(s)

******* FISHES

******* Rockfish, yelloweye Sebastes Yelloweye rockfish residing within the 75 FR 22276, Apr 226.224 NA (Puget Sound/ ruberrimus. Puget Sound/Georgia Basin, inclusive 28, 2010. Georgia Basin of the Queen Charlotte Channel to DPS). Malcom Island, in a straight line be- tween the western shores of Numas and Malcom Islands—N. 50 50′46″, W. 127 5′55″ and N. 50 36′49″, W. 127 10′17″. The Western Boundary of the U.S. side in the Strait of Juan de Fuca is N. 48 7′16″, W. 123 17′15″ in a straight line to the Canadian side at N. 48 24′40″, 123 17′38″.

******* 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

PART 224—ENDANGERED MARINE Authority: 16 U.S.C. 1531–1543 and 16 table entry for ‘‘Bocaccio (Puget Sound/ AND ANADROMOUS SPECIES U.S.C. 1361 et seq. Georgia Basin DPS)’’ to read as follows: ■ 3. The authority citation for part 224 ■ 4. In § 224.101, paragraph (h), under § 224.101 Enumeration of endangered continues to read as follows: the subheading ‘‘Fishes’’, revise the marine and anadromous species. * * * * * (h) * * *

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43985

Species 1 Citation(s) for listing Critical habitat ESA rules Common name Scientific name Description of listed entity determination(s)

******* FISHES Bocaccio (Puget Sebastes Bocaccio residing within the Puget 75 FR 22276, Apr 226.224 NA Sound/Georgia paucispinis. Sound/Georgia Basin to the Northern 28, 2010. Basin DPS). Boundary of the Northern Strait of Georgia along the southern contours of Quadra Island, Maurelle Island and Sonora Island, all of Bute Inlet. The Western Boundary of the U.S. side in the Strait of Juan de Fuca is N. 48 7′16″, W. 123 17′15″ in a straight line to the Canadian side at N. 48 24′40″, 123 17′38″.

******* 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

[FR Doc. 2016–15923 Filed 7–5–16; 8:45 am] BILLING CODE 3510–22–P

VerDate Sep<11>2014 13:12 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4702 Sfmt 9990 E:\FR\FM\06JYP1.SGM 06JYP1 ehiers on DSK5VPTVN1PROD with PROPOSALS 43986

Notices Federal Register Vol. 81, No. 129

Wednesday, July 6, 2016

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Council on Native American Farmers contains documents other than rules or Jayne Thomisee, [email protected]. and Ranchers. Send comments to the proposed rules that are applicable to the Office of Tribal Relations, 500A Whitten public. Notices of hearings and investigations, Dated: June 29, 2016. Jayne Thomisee, Building, 1400 Independence Avenue committee meetings, agency decisions and SW., Washington, DC 20250. rulings, delegations of authority, filing of Executive Director & Policy Advisor, U.S. petitions and applications and agency Agency for International Development. FOR FURTHER INFORMATION CONTACT: statements of organization and functions are [FR Doc. 2016–15954 Filed 7–5–16; 8:45 am] Leslie Wheelock, Director, Office of Tribal Relations. Email your questions examples of documents appearing in this BILLING CODE P section. to [email protected] at or call 202–205–2249. DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: In AGENCY FOR INTERNATIONAL accordance with the provisions of the DEVELOPMENT Re-Establishment of the Council for Federal Advisory Council Act (FACA) Native American Farming and as amended (5 U.S.C. App. 2) and with Notice of July 13, 2016 Advisory Ranching the concurrence of the General Services Committee on Voluntary Foreign Aid Administration, the Department of Meeting AGENCY: Office of the Secretary, USDA. Agriculture (USDA) is announcing the ACTION: AGENCY: United States Agency for Notice and call for nominations. re-establishment of the advisory Council for Native American Farmers and International Development. SUMMARY: The Department of Ranchers (Council). The Council is a ACTION: Notice of meeting. Agriculture (USDA) is announcing the discretionary advisory council that re-establishment of the advisory Council operates under the provisions of the SUMMARY: Pursuant to the Federal for Native American Farming and FACA and reports to the Secretary of Advisory Committee Act, notice is Ranching (Council). The purpose of this Agriculture. The purpose of this Council hereby given of a meeting of the advisory council is to provide is: (1) To advise the Secretary of Advisory Committee on Voluntary recommendations to the Secretary on Agriculture on issues related to the Foreign Aid (ACVFA). how to eliminate barriers to Native participation of Native American Date: Wednesday, July 13, 2016. American participation in USDA farmers and ranchers in USDA Time: 2:00–4:00 p.m. programs. The Council will discuss programs; (2) to transmit Location: Horizon Ballroom, The Ronald issues related to the participation of recommendations concerning any Reagan Building, 1300 Pennsylvania Native American farmers and ranchers changes to regulations or internal Ave. NW., Washington, DC 20004. in USDA programs and transmit guidance or other measures that would recommendations concerning any Purpose eliminate barriers to program changes to regulations or internal participation for Native American The Advisory Committee on guidance or other measures. The farmers and ranchers; (3) to examine Voluntary Foreign Aid (ACVFA) brings Council is necessary and in the public methods of maximizing the number of together USAID and private voluntary interest. The USDA is seeking new farming and ranching opportunities organization officials, representatives nominations for individuals to be created through enhanced extension, from universities, international considered Council members. sound conservation practices, targeted nongovernment organizations, U.S. Candidates who wish to be considered rural business services, and financial businesses, and government, for membership on the Council for literacy services; (4) to examine multilateral, and private organizations Native American Farmers and Ranchers methods of encouraging to foster understanding, should submit an AD–755 application intergovernmental cooperation to communication, and cooperation in the form and resume to the Secretary of mitigate the effects of land tenure and area of foreign aid. Agriculture. Cover letters should be probate issues on the delivery of USDA addressed to the Secretary of Agenda programs; (5) to evaluate other methods Agriculture. The application form can of creating new farming or ranching USAID Administrator Gayle Smith be found at: http://www.usda.gov/ opportunities for Native American will make opening remarks, followed by documents/OCIO_AD_755_Master_ producers; and (6) to address other panel discussions among ACVFA 2012.pdf. members and USAID leadership on Native American related issues as Ending Preventable Child & Maternal DATES: Submit nominations on or before deemed appropriate. Deaths. The full meeting agenda will be August 22, 2016. The Council has 15 members, 11 of forthcoming on the ACVFA Web site at ADDRESSES: All nomination materials whom will be Native American leaders http://www.usaid.gov/who-we-are/ should be mailed in a single, complete or persons who represent the interests of organization/advisory-committee. package and postmarked by [Insert date Native American tribes or Native 45 days after the date of publication of American organizations. The term Stakeholders this Federal Register notice]. All ‘‘Native American leaders’’ is not The meeting is free and open to the nominations for membership should be limited to elected Tribal representatives public. Registration information will be sent to: Thomas Vilsack, Secretary, U.S. or members or persons with Native forthcoming on the ACVFA Web site at Department of Agriculture, 1400 American ancestry. The remaining four http://www.usaid.gov/who-we-are/ Independence Avenue SW., members are the following high-ranking organization/advisory-committee. Washington, DC, 20250, Attention: USDA officials: (1), Director, Office of

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 43987

Tribal Relations; (2), Administrator, Dated: June 30, 2016. B. Statutory Authority Farm Service Agency; (3), Chief, Natural Gregory L. Parham, This program is authorized in 5 U.S.C. Resources and Conservation Services; Assistant Secretary for Administration. 301; 7 U.S.C. 1989; 7 U.S.C. 1926(a)(1). and (4) Assistant Secretary, Office of the [FR Doc. 2016–16099 Filed 7–1–16; 4:15 pm] Assistant Secretary for Civil Rights. BILLING CODE 3410–01–P II. Award Information Members serve without Type of Awards: Direct Loans will be compensation, but may receive made to eligible Re-lenders for the reimbursement for travel expenses and DEPARTMENT OF AGRICULTURE purpose of lending these funds to per diem in accordance with USDA eligible CF applicants for eligible CF Rural Housing Service travel regulations for attendance at purposes in accordance with 7 CFR part Council functions. Council members Notice of Solicitation of Applications 1942. who represent the interests of Native (NOSA) for Loans to Re-Lenders Under Fiscal Year Funds: $500 Million of FY American farmers and ranchers may the Community Facility Loan Program 2016 Direct CF Loan funds. also be paid an amount not less than for Fiscal Year (FY) 2016 Available Funds: The Agency will $100 per day for time spent away from make available $500 Million of Direct their employment or farming or AGENCY: Rural Housing Service, USDA. CF Loan funds to eligible Re-lenders for ranching operation, subject to the ACTION: Notice; applications for Re- the purpose of carrying out this notice. availability of funds. Members may lenders. Award Amounts: Direct loans will be include: made in amounts based upon the SUMMARY: The Rural Housing Service (1) Native American farmers or availability of $500 Million of CF Direct (RHS) has amended the Community ranchers who have participated in Loan funds. Facility Direct Loan regulations to USDA loan, grant, conservation, or Award Dates: Awards will be made on enable the Agency to make loans to payment programs; or before September 30, 2016. (2) Representatives of organizations qualified Re-lenders who will loan those with a history of working with Native funds to Applicants primarily for III. Definitions American farmers or ranchers; projects in or serving persistent poverty Aeris Financial Strength and (3) Representatives of tribal counties or high poverty areas that are Performance Rating—Aeris is ratings governments with demonstrated eligible under the Community Facility system that rates community experience working with Native Loan Program. development financial institutions American farmers or ranchers; and DATES: To apply for funds, the Agency (CDFI). The Aeris rating methodology is (4) Such other persons as the must receive a complete application by designed for non-depository CDFIs that Secretary considers appropriate. 5 p.m. Eastern Daylight Time on August have a majority of their assets invested No individual who is currently 8, 2016. in loans (as opposed to real estate, registered as a Federal lobbyist is ADDRESSES: Applications must be equity, or equity-like investments), and eligible to serve as a member of the submitted to: Kristen Grifka, 1400 have at least five years of financing Council. Independence Ave. SW., Stop 0787, history. The Financial Strength and The Secretary of Agriculture invites Room 0175, Washington, DC 20250– Performance Rating is an assessment those individuals, organizations, and 0787. conducted by AERIS of the CDFI’s groups affiliated with the categories FOR FURTHER INFORMATION CONTACT: overall creditworthiness that is based on listed above or who have knowledge of Please contact Kristen Grifka at (202) an analysis of past financial issues related to the purpose of the 720–1504 or via email at kristen.grifka@ performance, current financial strength, Council to nominate individuals for wdc.usda.gov for further information. and apparent risk factors. membership on the Council. Individuals SUPPLEMENTARY INFORMATION: Applicant. Those eligible entities and organizations who wish to described in 7 CFR 1942.17(b)(1) nominate experts for this or any other Overview making application to the Re-lender to USDA advisory council should submit a Solicitation Title: Community Facility borrow funds for an eligible Community letter to the Secretary listing these Direct Loan Program—Re-lending. Facilities project. individuals’ names and business Announcement Type: Initial Notice. Borrower. An Applicant who has address, phone, and email contact Catalog of Federal Domestic received a loan from a Re-lender. information. The Secretary of Assistance Number: 10.766. Full Recourse. Notwithstanding any Agriculture seeks a diverse group of Dates: For the list of dates please refer provisions of the loan documents issued members representing a broad spectrum to the DATES section above. by the Re-lender for a Community of persons interested in providing Availability of Notice: This Notice is Facilities project to the contrary, the Re- suggestions and ideas on how USDA available through the USDA Rural lender shall be fully and severally liable can tailor its farm programs to meet the Development site at: http:// for the payment and performance of all needs of Native American farmers and www.rd.usda.gov/newsroom/notices- obligations under the debt instrument ranchers. Individuals receiving solicitation-applications-nosas. issued to the Agency, regardless if the nominations will be contacted and I. Funding Opportunity Description Re-lender and applicant’s assets asked to return the AD–755 application financed by advancing relending funds form and a resume within 10 business A. Purpose have been fully liquidated and are days of notification. All candidates will The purpose of this Notice is to seek inadequate to fully pay the loan amount, be vetted and considered for applications from Re-lenders who accrued interest, and all other related appointment by the Secretary of would loan those funds to Applicants costs the Re-lender is liable for. Agriculture. Equal opportunity practices primarily for projects in or serve High Poverty Area. A census tract will be followed in all appointments to persistent poverty counties or high with a poverty rate greater than or equal the Council in accordance with USDA poverty areas that are eligible under the to 20%. Areas that are considered to be policies. The Council will meet at least Community Facility (CF) Direct Loan High Poverty may be found on the once per fiscal year. Program. following Web site: http://

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 43988 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

rdgisportal.sc.egov.usda.gov/home/ (c) Meet federal, state and local documentation to be insufficient then index.html entitled ‘‘High Poverty requirements in accordance with 7 CFR this criteria has not been met. The Targeting.’’ A project is considered to be 1942.17(k); Agency reserves the right to reduce located in a High Poverty Area when the (d) Demonstrate that at least 30 funding amounts based on review of structure, equipment, or other hard percent of its existing portfolio is for such documentation and based on the assets are physically built and/or placed projects located in or serving Persistent agency’s determination of available in a High Poverty Area. A project is Poverty County(ies) or High Poverty funding or other agency funding considered to be serving a High Poverty Areas; or that the Re-lender has at least priorities; or Area if the physical structure, 3 years of experience making loans for (3) At the time of application, re- equipment, or other hard assets serves projects located in or serving Persistent lender provides written documentation, residents who live in a High Poverty Poverty County(ies) or High Poverty acceptable to the Agency, from a Area. Area(s); financial institution that an Irrevocable Irrevocable Letter of Credit. Firm (e) Agree to provide adequate Letter of Credit or similar instrument commitment by an issuing bank to pay collateral, as determined by the Agency, such as a cash collateral account or a the Agency a specified sum in a to support the loan request; performance guarantee acceptable to the specified currency, provided the (f) Provides a Letter of Intent from a Agency will be issued by the financial conditions included in the Letter of financial institution that an Irrevocable institution, if the Re-lender is approved Credit document are met within a Letter of Credit or similar instrument for funding; and the re-lender: such as a cash collateral account or specified timeframe. This Letter of (i) Obtains an Aeris Financial performance guarantee acceptable to the Credit cannot be canceled without the Strength and Performance Rating of 1 or Agency will be issued by the financial Agency’s prior written approval. 2 prior to any funds being advanced. Re- institution if the Re-lender is approved Letter of Intent. Written lender grants the Agency permission to for funding; documentation, acceptable by the review all documents submitted to Agency, from a financial institution (g) Unless otherwise required in this Notice, agree to provide an Irrevocable Aeris. If Agency reviews such stating the financial institution will documentation and finds issue an Irrevocable Letter of Credit or Letter of Credit (or similar instrument such as a cash collateral account or a documentation to be insufficient then similar instrument such as a cash this criteria has not been met. The collateral account or prior to any funds Performance Guarantee) acceptable to the Agency in the minimum amount Agency reserves the right to reduce being disbursed by the Agency. funding amounts based on review of Persistent Poverty County(ies). equal to the principal and interest installments due the Government during such documentation and based on the Counties where 20 percent or more of agency’s determination of available county residents were poor as measured the first 5 years of the loan prior to receiving loan disbursements; funding or other agency funding by each of the 1980, 1990, and 2000 priorities; or censuses, and 2007–11 American (h) Demonstrate one of the following: (ii) Proves to be a financially sound Community Survey 5-year average. (1) Re-lender is regulated and institution, as determined by the Counties that are considered to be supervised by a Federal or State Agency, based on the Agency’s risk Persistent Poverty may be found under Banking Regulatory Agency that is assessment of the institution’s adequate the map entitled ‘‘Persistent Poverty’’ on subject to credit examination, AND the capital, adequate liquidity, management the following Web site: http:// institution, its subsidiaries, holding capabilities, repayment ability, credit www.ers.usda.gov/data-products/ companies, and affiliates are not on worthiness, balance sheet equity and county-typology-codes/descriptions- their respective regulatory agency’s other financial factors as determined and-maps.aspx#ppov. A project is watch list and have no regulatory appropriate. The Agency reserves the considered to be located in a Persistent actions outstanding against them; AND right to reduce funding amounts based Poverty County when the structure, such Federal or State Banking on review of financial factors and based equipment, or other hard assets are Regulatory Agency has certified that the on the agency’s determination of physically built and/or placed in a Re-lender has the financial capacity to available funding or other agency Persistent Poverty County. A project is receive Agency funding. If the Agency funding priorities. considered to be serving Persistent doesn’t receive the requisite (i) Be a legal, non-governmental entity Poverty County(ies) if the physical certification from the Federal or State at the time of application (with the structure, equipment, or other hard Banking Regulatory Agency, then the exception of Tribal governmental assets serves residents who live in Re-lender has not met this criteria. The entities); Persistent Poverty County(ies). Agency reserves the right to reduce Re-lender. Eligible lending funding amounts based on information (j) Be a member of a national institutions under section IV of this received from the Federal or State organization that provides training, Notice who lend funds to eligible Banking Regulatory Agency and based technical assistance and credit Applicants for projects eligible under 7 on the agency’s determination of evaluation of member organizations, CFR part 1942. available funding or other agency such as FDIC, NCUA or other similar funding priorities; or organizations; or be certified by a IV. Eligibility Information (2) Re-lender has an Aeris Financial Government agency as having a primary A. Re-Lender Eligibility. Re-lenders Strength and Performance Rating of 1 or mission of promoting community must meet each of the following 2 within the past two years; the development in low-income target requirements: achieved rating must indicate financial markets and perform training and (a) Meet the re-lender requirements as strength, performance, and risk technical assistance as part of that outlined in 7 CFR 1942.30; management practices that consistently mission; and (b) Demonstrate the legal authority provide for safe and sound operations. (k) Agrees to loan a majority of necessary to make and service loans Re-lender grants the Agency permission Agency funds to applicants whose involving community infrastructure and to review all documents submitted to projects are located in or serve development similar to the type of Aeris. If Agency reviews such Persistent Poverty County(ies) or High projects listed in 7 CFR 1942.17(d); documentation and finds Poverty Area(s).

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 43989

B. Applicant Eligibility. Applicants learning equipment, community (4) Operating Budget versus Actual for applying for loans from the Re-lender gardens, food pantries, community last completed fiscal year and most must meet the eligibility requirements kitchens, food banks, food hubs or recent quarter-end; of 7 CFR 1942.17. greenhouses); and (5) Schedule of outstanding debt C. Project Eligibility. (4) Transportation facilities, such as (name of creditor, balance, origination (a) Facilities must be located in rural streets, roads and bridges. and maturity dates, note rate, areas in accordance with 7 CFR (5) Loan Funds may NOT be used for collateralization), and attach covenants; 1942.17(b)(2), and comply with all prohibited purposes listed at 7 CFR (6) Schedule of five largest sources of project eligibility requirements as 1942.17(d)(2). grant funding over each of the last 3 outlined in 7 CFR part 1942. fiscal years (including grantor name, (b) Essential community facilities V. Application Submission, Evaluation, amount granted, description of associated with Re-lending projects and Selection Process allowable uses or any restrictions); must: A. Application Submission. The forms (7) Schedule of five largest investors (1) Carry out a function customarily listed below can be found at: http:// over each of the last 3 fiscal years provided by a local unit of government; forms.sc.egov.usda.gov/eForms/ (including investor name, total (2) Be a public improvement needed welcomeAction.do?Home. To apply for investment, form of investment, for orderly development of a rural funds under this Notice, a Re-lender description of allowable uses or any community; must submit the following items, as restrictions); (3) Not include private affairs, applicable: (8) Schedule of any other funding commercial or business undertaking (a) Its DUNS number. An organization sources, including off-balance sheet (except for limited authority for may obtain a DUNS number from Dun financing, for the last completed fiscal industrial parks); and Bradstreet by calling (1–866–705– year and most recent quarter-end; (4) Be operated on a nonprofit basis; 5711). (9) List and description of any and (b) The Re-lender must provide contingent liabilities; (5) Be considered the area of (10) Schedule of loans receivable documentation that they are registered jurisdiction or operation for public (including borrower, loan type, in System for Award Management bodies eligible to receive assistance or a description of collateral, original and (SAM.gov). similar local rural service area of a not- maturity dates, note rate, current status (c) SF–424, ‘‘Application for Federal for-profit corporation owning and e.g. delinquency or nonaccrual); Assistance (For Non-Construction). operating an essential community (11) Schedule of loans restructured (d) SF424–A, ‘‘Budget Information— facility. A community may be a small and modified in each of the last 3 fiscal Non-Construction Programs.’’ city or town, county, or multi-county years and most recent year to date (YTD) area depending on the type of essential (e) SF–424–B ‘‘Assurances—Non (including borrower, pre and post-mod community facility involved. The Construction.’’ loan terms, and current payment status); applicant must have the legal authority (f) Form RD 442–7 ‘‘Operating (12) Schedule of loans charged off in and responsibility to carry out the Budget’’ or similar form. each of the last 3 fiscal years and most project. The term ‘‘facility’’ refers to the (g) AD–1047 ‘‘Certificate Regarding recent YTD, with any recoveries physical structure financed or the Debarment.’’ realized; resulting service provided to rural (h) RD Form 400–4 ‘‘Assurance (13) Any external loan reviews residents under the CF program. Agreement.’’ performed over the last 3 years; (c) For essential community facilities, (i) RD Instruction 1970–A, Exhibit A, (14) Bylaws; the terms ‘‘rural’’ and ‘‘rural area’’ will ‘‘Multi-tier Action Environmental (15) Credit policies and procedures not include any area in any city or town Compliance Agreement.’’ (loan underwriting, servicing, portfolio with a population in excess of 20,000 (j) Certification regarding relationship management); inhabitants, according to the latest with any Agency employee. (16) Loan risk grading and assessment decennial Census of the United States in (k) AD–3030 ‘‘Representations system; accordance with 7 CFR regarding Felony convictions and tax (17) Enterprise risk management 1942.17(b)(2)(iv). delinquency status’’ (Corporations policies and procedures; (d) In accordance with 7 CFR only). (18) Disaster recovery plan, if any; (19) Accounting policies (including 1942.17(d)(1)(i)(B), essential community (l) AD–3031 ‘‘Assurances regarding Felony convictions and tax delinquency loss reserve policies); facilities are those public improvements (20) Staff organizational chart, requisite to the beneficial and orderly status’’ (Corporations Only). (m) Discussion and documentation of including names and titles for senior development of a community operated staff; on a nonprofit basis, including but not each evaluation factor listed in Part V(B). (21) Organizational chart showing limited to: relationships to any parents, (1) Health services (e.g., Hospitals, (n) Certification of Non Lobbying Activities. subsidiaries, or affiliates; medical and dental clinics, skilled (22) Management Team resumes; (o) SF–LLL ‘‘Disclosure of Lobbying nursing facilities, assisted living (23) Succession plans for key Activities.’’ facilities, telemedicine equipment); leadership and staff; (2) Public services (e.g., Town halls, (p) Re-lenders applying under (24) Board roster, with affiliations; courthouses, airport hangers, fire hall, paragraph (IV)(A)(e)(3)(b)(Agency risk (25) Board meeting minutes for past police station, prison, police vehicles, assessment) must also submit all of the year; fire trucks, public works vehicles, following: (26) Board meeting packets for last equipment); (1) 3 years audited financial year; (3) Community, social or cultural statements; (27) Most recent strategic plan; services (e.g., Childcare centers, (2) Interim financial statements as of (28) Most recent annual report; and community centers, transitional most recent quarter end; (29) Description of programs, housing, libraries, schools (including (3) Auditor’s most recent management financial and non-financial products public, private and charter), distance letter and management’s response ; and services.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 43990 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

(q) Documentation that the re-lender chosen to receive funding for the construction and undertake the reviews meets all eligibility requirements listed purpose of re-lending must: and inspections necessary to ensure that in this Notice. (a) Enter into a Re-Lenders Agreement construction proceeds in accordance (r) Documentation of any evaluation provided by the Agency; with the approved plans, specifications, factors listed below that the re-lender (b) Execute a promissory note; and contract documents and that funds wants the Agency to consider. (c) Provide adequate security are used for eligible project costs. B. Evaluation. The Agency will score satisfactory to the Agency; (3) Equal employment opportunities. and rank all eligible and complete Re- (d) Agree to provide the Agency with For all construction contracts in excess lender applications based upon the an irrevocable letter of credit (or similar of $10,000, the contractor must comply following evaluation factors: instrument such as a cash collateral with Executive Order 11246 entitled (a) Lending experience and strength of account or a Performance Guarantee) ‘‘Equal Employment Opportunity’’ as the Re-lender: A Re-lender that has acceptable to the Agency in the amended and as supplemented by demonstrated experience administering minimum amount equal to the principal applicable Department of Labor community infrastructure or and interest installments due during the regulations (41 CFR part 60–1). The development loan funds will be first 5 years of the loan prior to Borrower and Re-lender are responsible awarded points as follows: receiving any loan disbursements; and for ensuring that the contractor (1) More than 10 years of experience: (e) Meet any other loan conditions complies with these requirements. (RD 10 Points; imposed by the Agency. Forms 400–1 and 400–6 may be used to (2) 5 years of experience but less than B. Reporting Requirements meet this requirement.) or equal to 10 years: 5 Points; (4) Americans with Disabilities Act. (b) Poverty and project service area. (a) The Re-lender must submit the Projects which involve the construction Re-lenders who demonstrate that they following information to the Agency, of, or addition to, facilities that have a lending history in Persistent after any loan disbursement is made, accommodate the public and Poverty County(ies) or Poverty Areas: (1) On a quarterly basis: (1) More than 75% of the Re-Lender’s (i) Financial statements; commercial facilities as defined by the loan portfolio is for projects located in (ii) List of CF Borrowers, outstanding Americans with Disabilities Act (42 or serve Persistent Poverty County(ies) principal and interest balances for each U.S.C. 12181 et seq.) must comply with or High Poverty Area(s): 30 points; Borrower; that Act. The Re-lender and borrower (2) More than 50% of the Re-Lender’s (iii) Status of CF loan for each are responsible for compliance. loan portfolio is for projects located in Borrower; (b) Other Federal, State, and local or serve Persistent Poverty County(ies) (iv) Amount and due date of the next requirements. Borrowers and Re-lenders or High Poverty Area(s): 20 points; and installment due from the Borrower; and will be required to comply with any (3) More than 30% of the Re-Lender’s (v) Servicing Actions conducted for Federal, State, or local laws or loan portfolio is for projects located in each delinquent CF loan. regulatory commission rules which or serve Persistent Poverty County (ies) (2) On an annual basis: affect the project including, but not (i) Annual audited financial or High Poverty Area(s): 10 points. limited to, those regarding: (b) Administrator’s Discretionary statement; (1) Organization and authority to (ii) Copy of most recent Financial Points: design, construct, develop, operate, and (c) Up to 10 Administrator points may Strength and Performance Rating which maintain the proposed facilities; be awarded to applications that address is not more than 3 years old; (2) Borrowing money, giving security, (iii) Documentation of Fidelity Bond geographic distribution of funds, and raising revenues for the repayment; coverage; and emergency conditions caused by (iv) Civil Rights data for each (3) Land use zoning; economic problems, natural disasters Applicant. (4) Health, safety, and sanitation and other initiatives that support the C. Planning, bidding, contracting, and standards, including seismic safety Agency’s strategic plan. construction. Re-lenders must certify to requirements of Executive Order 12699; C. The Agency will select the highest the Agency that the Borrower has met and scoring applications based upon the the requirements of 7 CFR 3575.42 and (5) Protection of the environment and evaluation factors listed above. 3575.43 for all planning, bidding, consumer affairs. D. If an application that is filed by the contracting and construction. D. National Environmental Policy Act application deadline is determined by (a) The Re-lender will provide the (NEPA) environmental review the Agency to be substantially complete, Agency with a written certification at requirements. NEPA requirements are the Agency will notify the submitter of the end of construction that all funds outlined in 7 CFR 1942.2(b) and part the elements that are needed to make were utilized for authorized purposes. 1970. The re-lender will need to comply the application complete and will The Re-lender will ensure that designs with and agree in writing to provide the submitter five calendar days and construction meet all applicable requirements under the Re-lender to provide information that fully Federal, State, and local laws. Environmental Compliance Agreement. addresses such elements. If the (1) Architectural and engineering RD Instruction 1970 can be found at: application is not complete at the end practices. All project facilities must be http://www.rd.usda.gov/publications/ of this five day period, the application designed utilizing accepted regulations-guidelines/instructions. will be rejected. architectural and engineering practices E. Civil Rights. The Re-lender and VI. Award Administration Information and must conform to applicable Federal, Borrowers must comply with Title VI of State, and local codes and requirements. the Civil Rights Act of 1964, Title IX of A. Award Notices The Re-lender must ensure that the the Education Amendments of 1972, The Agency will notify Re-Lenders planned project will be completed Americans with Disabilities Act (ADA), about the status of their applications in within the available funds and, once Section 504 of the Rehabilitation Act of the same method as listed in 7 CFR part completed, will be suitable for the 1973, Age Discrimination Act of 1975, 1942, subpart A. borrower’s needs. Executive Order 12250, Executive Order Prior to receiving a direct loan from (2) Construction monitoring. The Re- 13166 Limited English Proficiency the Agency, eligible Re-Lenders who are lender will monitor the progress of (LEP), and 7 CFR part 1901, subpart E.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 43991

The re-lender is also subject to the Equal Language, etc.) should contact the subject merchandise at less than normal Credit Opportunity Act. responsible Agency or USDA’s TARGET value. (a) The re-lender agrees: Center at (202) 720–2600 (voice and DATES: Effective Date: July 6, 2016. (1) To have each prospective TTY) or contact USDA through the FOR FURTHER INFORMATION CONTACT: Applicant sign Form RD 400–4, Federal Relay Service at (800) 877–8339. Catherine Cartsos or Minoo Hatten, AD/ Assurance Agreement, which assures Additionally, program information may CVD Operations, Office I, Enforcement USDA that the recipient is in be made available in languages other and Compliance, International Trade compliance with title VI of the Civil than English. Administration, U.S. Department of Rights Act of 1964, 7 CFR part 15 and To file a program discrimination Commerce, 1401 Constitution Avenue other Agency regulations. complaint, complete the USDA Program NW., Washington, DC 20230; telephone: (2) That no person will be Discrimination Complaint Form, AD– discriminated against based on race, (202) 482–1757, and (202) 482–1690, 3027, found online at http:// respectively. color or national origin, in regard to any www.ascr.usda.gov/complaint_filing_ program or activity for which the re- cust.html and at any USDA office or SUPPLEMENTARY INFORMATION: lender receives Federal financial write a letter addressed to USDA and Background assistance. provide in the letter all of the (3) That nondiscrimination statements information requested in the form. To On February 26, 2016, the Department are in advertisements and brochures. request a copy of the complaint form, published the Preliminary Results of (4) To collect and maintain data on call (866) 632–9992, submit your this review in the Federal Register. We applicants by race, sex, and national completed form or letter to USDA by: invited parties to comment on the origin of the Applicants and Borrowers, Mail: U.S. Department of Agriculture, Preliminary Results. On March 28, 2016, and ensure that the borrowers also Office of the Assistant Secretary for TFM submitted a case brief. On April 4, collect and maintain the same data on Civil Rights, 1400 Independence 2016, Archroma U.S., Inc., a domestic the entities benefiting from those Avenue SW., Washington, DC 20250– producer of merchandise, submitted a projects. 9410; rebuttal brief. At the request of TFM,2 (5) The projects supported with Fax: (202) 690–7442; or we held a hearing on May 11, 2016.3 Agency funds will not cause any email: [email protected]. The Department conducted this review adverse human health or environmental USDA is an equal opportunity in accordance with section 751(a)(2) of effects on minority and low-income provider, employer, and lender. the Tariff Act of 1930, as amended (the Act). populations. Dated: June 27. 2016. (6) The Agency will use the above information to complete Civil rights Lisa Mensah, Scope of the Order compliance reviews within the first year Under Secretary, Rural Development. The merchandise subject to the after the initial loan closing and [FR Doc. 2016–16003 Filed 7–5–16; 8:45 am] Order 4 is OBAs and is currently thereafter at intervals of not more than BILLING CODE 3410–XV–P classifiable under subheadings 3 years until the CF direct loan funds 3204.20.8000, 2933.69.6050, have all been re-lent. 2921.59.4000 and 2921.59.8090 of the (7) For other Federal, State and Local DEPARTMENT OF COMMERCE Harmonized Tariff Schedule of the Requirements, see 7 CFR 1942.17(k). United States (HTSUS). While the (8) Any loan funds not disbursed International Trade Administration HTSUS numbers are provided for within 5 years of the loan to the Re- [A–583–848] convenience and customs purposes, the Lender will be deobligated and become written product description remains unavailable for disbursement. Certain Stilbenic Optical Brightening dispositive.5 Agents From Taiwan: Final Results of VII. Non-Discrimination Statement Analysis of the Comments Received Antidumping Duty Administrative In accordance with Federal civil Review; 2014–2015 All issues raised in the case brief and rights law and U.S. Department of rebuttal brief submitted in this review Agriculture (USDA) civil rights AGENCY: Enforcement and Compliance, are addressed in the Issues and Decision regulations and policies, the USDA, its International Trade Administration, Memorandum, which is hereby adopted Agencies, offices, employees, and Department of Commerce. with this notice. A list of the issues institutions participating in or SUMMARY: On February 26, 2016, the raised is attached as an Appendix to this administering USDA programs are Department of Commerce (the notice. The Issues and Decision prohibited from discriminating based on Department) published the preliminary Memorandum is a public document and race, color, national origin, religion, sex, results of the administrative review of gender identity (including gender the antidumping duty order on certain 2 See letter from TFM dated March 19, 2016. expression), sexual orientation, stilbenic optical brightening agents 3 See hearing transcript, filed on the record May disability, age, marital status, familial/ (OBAs) from Taiwan.1 The period of 17, 2016. parental status, income derived from a review (POR) is May 1, 2014, through 4 See Certain Stilbenic Optical Brightening Agents From Taiwan: Amended Final Determination of public assistance program, political April 30, 2015. The review covers one Sales at Less Than Fair Value and Antidumping beliefs, or reprisal or retaliation for prior producer/exporter of the subject Duty Order, 77 FR 27419 (May 10, 2012) (Order). civil rights activity, in any program or merchandise, Teh Fong Ming 5 A full description of the scope of the Order is activity conducted or funded by USDA International Co., Ltd. (TFM). For the contained in the memorandum to Paul Piquado, Assistant Secretary for Enforcement and (not all bases apply to all programs). final results, we find that TFM has sold Compliance, from Christian Marsh, Deputy Remedies and complaint filing Assistant Secretary for Antidumping and deadlines vary by program or incident. 1 See Certain Stilbenic Optical Brightening Agents Countervailing Duty Operations, ‘‘Certain Stilbenic Persons with disabilities who require From Taiwan: Preliminary Results of Antidumping Optical Brightening Agents from Taiwan: Issues and Duty Administrative Review; 2014–2015, 81 FR Decision Memorandum for Final Results of alternative means of communication for 9805 (February 26, 2016) (Preliminary Results) and Antidumping Duty Administrative Review; 2014– program information (e.g., Braille, large accompanying decision memorandum (Preliminary 2015’’ dated concurrently with and hereby adopted print, audiotape, American Sign Decision Memorandum). by this notice (Issues and Decision Memorandum).

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 43992 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

is on file electronically via Enforcement company-specific rate published for the Comment 5: Per Se Rule Decision Making and Compliance’s Antidumping and most recently completed segment of this Comment 6: Focus on Adverse Facts Countervailing Duty Centralized proceeding; (3) if the exporter is not a Available (AFA) Rate and Not on Electronic Service System (ACCESS). firm covered in this review, a prior Decision To Apply AFA review, or the original investigation, but Comment 7: Rejection Letter Attachment ACCESS is available to registered users Comment 8: Addressing the Facts of the at http://access.trade.gov and it is the manufacturer is, the cash deposit Case available to all parties in the Central rate will be the rate established for the Comment 9: Neutral Facts Available Records Unit, Room B8024 of the main most recently completed segment of this Recommendation Department of Commerce building. In proceeding for the manufacturer of [FR Doc. 2016–15834 Filed 7–5–16; 8:45 am] subject merchandise; and (4) the cash addition, a complete version of the BILLING CODE 3510–DS–P Issues and Decision Memorandum can deposit rate for all other manufacturers be accessed directly at http:// or exporters will continue to be 6.19 enforcement.trade.gov/frn/index.html. percent, the all-others rate established DEPARTMENT OF COMMERCE in the less than fair value investigation.7 Changes Since the Preliminary Results These cash deposit requirements, when International Trade Administration Based on our analysis of the imposed, shall remain in effect until comments received, we have not made further notice. Meeting of the United States changes to the Preliminary Results. For Manufacturing Council Notification to Importers a discussion of our analysis of the comments received, see Issues and This notice serves as a final reminder AGENCY: International Trade Decision Memorandum. to importers of their responsibility Administration, U.S. Department of under 19 CFR 351.402(f)(2) to file a Commerce. Final Results of Review certificate regarding the reimbursement ACTION: Notice of an open meeting. For the final results of this review, in of antidumping duties prior to accordance with sections 776(a) and (b) liquidation of the relevant entries SUMMARY: The United States of the Act, we continued to rely on facts during this review period. Failure to Manufacturing Council (Council) will available with an adverse inference to comply with this requirement could hold an open meeting via teleconference establish a rate of 6.19 percent as the result in the Secretary’s presumption on Wednesday, July 20, 2016. The weighted-average dumping margin for that reimbursement of antidumping Council was established in April 2004 TFM for the period May 1, 2014, duties occurred and the subsequent to advise the Secretary of Commerce on through April 30, 2015. As the assessment of double antidumping matters relating to the U.S. Department explained in the duties. manufacturing industry. The purpose of the meeting is for Council members to Preliminary Decision Memorandum, the Administrative Protective Orders 6.19 percent rate is the highest applied review and deliberate on proposed margin in a separate segment of the This notice also serves as a reminder recommendations by the Innovation, same proceeding, and according to to parties subject to administrative Research, and Development 776(c)(2) of the Act, this rate does not protective order (APO) of their Subcommittee focused on the transition require corroboration.6 responsibility concerning the of the Internet Assigned Numbers destruction of proprietary information Authority. The final agenda will be Assessment disclosed under APO in accordance posted on the Department of Commerce The Department will instruct U.S. with 19 CFR 351.305(a)(3). Timely Web site for the Council at http:// Customs and Border Protection (CBP) to written notification of the return or www.trade.gov/manufacturingcouncil/, apply an ad valorem assessment rate of destruction of APO materials or at least one week in advance of the 6.19 percent to all entries of subject conversion to judicial protective order is meeting. merchandise during the POR which hereby requested. Failure to comply DATES: Wednesday, July 20, 12 p.m.–1 were produced and/or exported by with the regulations and terms of an p.m. The deadline for members of the TFM. We intend to issue instructions to APO is a sanctionable violation. public to register, including requests to CBP 15 days after publication of the We are issuing and publishing these make comments during the meeting and final results of this review. results in accordance with sections for auxiliary aids, or to submit written 751(a)(1) and 777(i)(1) of the Act. Cash Deposit Requirements comments for dissemination prior to the Dated: June 27, 2016. meeting, is 5 p.m. EDT on July 12, 2016. The following cash deposit Paul Piquado, ADDRESSES: requirements will be effective upon The meeting will be held by Assistant Secretary for Enforcement and conference call. The call-in number and publication of the notice of final results Compliance. of administrative review for all passcode will be provided by email to shipments of OBAs from Taiwan Appendix—List of Topics Discussed in registrants. Requests to register entered, or withdrawn from warehouse, the Issues and Decision Memorandum (including to speak or for auxiliary aids) for consumption on or after the date of and any written comments should be Summary submitted to: U.S. Manufacturing publication as provided by section Background 751(a)(2) of the Act: (1) The cash deposit Scope of the Order Council, U.S. Department of Commerce, rate for TFM will be 6.19 percent, the Discussion of the Issues Room 4043, 1401 Constitution Avenue weighted average dumping margin Comment 1: Questionnaire Original NW., Washington, DC, 20230; email: established in the final results of this Deadline [email protected]. Members of Comment 2: Hindrance of Proceeding administrative review; (2) for other the public are encouraged to submit Comment 3: Opportunity To Remedy registration requests and written manufacturers and exporters covered in Under the Statute and Regulations a prior segment of the proceeding, the comments via email to ensure timely Comment 4: Untimely Extension Request receipt. cash deposit rate will continue to be the Due to Extraordinary Circumstances FOR FURTHER INFORMATION CONTACT: 6 See Preliminary Decision Memorandum at 10. 7 The all-others rate established in the Order. Archana Sahgal, U.S. Manufacturing

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 43993

Council, Room 4043, 1401 Constitution DEPARTMENT OF COMMERCE The incidental taking of small Avenue, NW., Washington, DC, 20230, numbers of marine mammals may be telephone: 202–482–4501, email: National Oceanic and Atmospheric allowed only if NMFS (through [email protected]. Administration authority delegated by the Secretary) RIN 0648–XE490 finds that the total taking by the SUPPLEMENTARY INFORMATION: specified activity during the specified Background: The Council advises the Takes of Marine Mammals Incidental to time period will (i) have a negligible Secretary of Commerce on matters Specified Activities; Taking Marine impact on the species or stock(s) and (ii) relating to the U.S. manufacturing Mammals Incidental to the San not have an unmitigable adverse impact industry. Francisco Ferry Terminal Expansion on the availability of the species or stock(s) for subsistence uses (where Public Participation: The meeting will Project, South Basin Improvements Project relevant). Further, the permissible be open to the public and will be methods of taking and requirements accessible to people with disabilities. AGENCY: National Marine Fisheries pertaining to the mitigation, monitoring All guests are required to register in Service (NMFS), National Oceanic and and reporting of such taking must be set advance by the deadline identified Atmospheric Administration (NOAA), forth, either in specific regulations or in under the DATES caption. Requests for Commerce. an authorization. auxiliary aids must be submitted by the ACTION: Notice; issuance of an incidental The allowance of such incidental registration deadline. Last minute harassment authorization. taking under section 101(a)(5)(A), by requests will be accepted, but may be harassment, serious injury, death, or a SUMMARY: In accordance with the impossible to fill. There will be fifteen combination thereof, requires that regulations implementing the Marine regulations be established. (15) minutes allotted for oral comments Mammal Protection Act (MMPA) as Subsequently, a Letter of Authorization from members of the public joining the amended, notification is hereby given call. To accommodate as many speakers may be issued pursuant to the that we have issued an incidental prescriptions established in such as possible, the time for public harassment authorization (IHA) to The comments may be limited to three (3) regulations, providing that the level of San Francisco Bay Area Water taking will be consistent with the minutes per person. Individuals wishing Emergency Transportation Authority to reserve speaking time during the findings made for the total taking (WETA) to incidentally harass marine allowable under the specific regulations. meeting must submit a request at the mammals during construction activities time of registration, as well as the name Under section 101(a)(5)(D), NMFS may associated with the San Francisco Ferry authorize such incidental taking by and address of the proposed speaker. If Terminal, South Basin Improvements harassment only, for periods of not more the number of registrants requesting to project in San Francisco, CA. than one year, pursuant to requirements make statements is greater than can be DATES: This authorization is effective and conditions contained within an reasonably accommodated during the from June 28, 2016 through December IHA. The establishment of prescriptions meeting, the International Trade 31, 2016. through either specific regulations or an Administration may conduct a lottery to FOR FURTHER INFORMATION CONTACT: authorization requires notice and determine the speakers. Speakers are Laura McCue, Office of Protected opportunity for public comment. requested to submit a written copy of Resources, NMFS, (301) 427–8401. NMFS has defined ‘‘negligible their prepared remarks by 5:00 p.m. SUPPLEMENTARY INFORMATION: impact’’ in 50 CFR 216.103 as ‘‘. . . an EDT on July 12, 2016, for inclusion in impact resulting from the specified the meeting records and for circulation Availability activity that cannot be reasonably to the members of the U.S. An electronic copy of WETA’s expected to, and is not reasonably likely Manufacturing Council. application and supporting documents, to, adversely affect the species or stock In addition, any member of the public as well as a list of the references cited through effects on annual rates of may submit pertinent written comments in this document, and the final recruitment or survival.’’ Except with concerning the Council’s affairs at any Environmental Assessment (EA) and our respect to certain activities not pertinent associated Finding of No Significant here, section 3(18) of the MMPA defines time before or after the meeting. Impact, prepared pursuant to the ‘‘harassment’’ as: ‘‘. . . any act of Comments may be submitted to Archana National Environmental Policy Act may pursuit, torment, or annoyance which (i) Sahgal at the contact information be obtained by visiting the Internet at: has the potential to injure a marine indicated above. To be considered www.nmfs.noaa.gov/pr/permits/ mammal or marine mammal stock in the during the meeting, comments must be incidental/construction.html. In case of wild [Level A harassment]; or (ii) has received no later than 5 p.m. EDT on problems accessing these documents, the potential to disturb a marine July 12, 2016, to ensure transmission to please call the contact listed above (see mammal or marine mammal stock in the the Council prior to the meeting. FOR FURTHER INFORMATION CONTACT). wild by causing disruption of behavioral Comments received after that date and patterns, including, but not limited to, Background time will be distributed to the members migration, breathing, nursing, breeding, but may not be considered on the call. Sections 101(a)(5)(A) and (D) of the feeding, or sheltering [Level B Copies of Council meeting minutes will MMPA (16 U.S.C. 1361 et seq.) direct harassment].’’ be available within 90 days of the the Secretary of Commerce to allow, meeting. upon request by U.S. citizens who Summary of Request engage in a specified activity (other than On February 8, 2016, we received a Dated: June 27, 2016. commercial fishing) within a specified request from WETA for authorization of Archana Sahgal, area, the incidental, but not intentional, the taking, by level B harassment only, Executive Secretary, U.S. Manufacturing taking of small numbers of marine of marine mammals, incidental to pile Council. mammals, providing that certain driving and removal in association with [FR Doc. 2016–16015 Filed 7–5–16; 8:45 am] findings are made and the necessary the San Francisco Ferry Terminal BILLING CODE 3510–DR–P prescriptions are established. Expansion Project, South Basin

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 43994 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Improvements Project in San Francisco eventually include phased construction undergone extensive industrialization, Bay, California. That request was of three new water transit gates and but remains an important environment modified to include additional species overwater berthing facilities, in addition for healthy marine mammal populations and additional monitoring and to supportive landside improvements, year round. The area surrounding the mitigation measures on March 28, 2016 such as additional passenger waiting proposed activity is an intertidal and May 2, 2016, and a final version, and queuing areas, circulation landscape with heavy industrial use and which we deemed adequate and improvements, and other water transit– boat traffic. complete, was submitted on May 13, related amenities. The new gates and Detailed Description of Activities 2016, which included revised take other improvements would be designed numbers and additional mitigation to accommodate future planned water The project supports existing and measures. In-water work associated with transit services between Downtown San future planned water transit services the project is expected to be completed Francisco and Antioch, Berkeley, operated by WETA, and regional within 23 months. This proposed IHA is Martinez, Hercules, Redwood City, policies to encourage transit uses. for the first phase of construction Richmond, and Treasure Island, as well Furthermore, the project addresses activities, to occur in 2016. as emergency operation needs. deficiencies in the transportation The use of both vibratory and impact According to current planning and network that impede water transit pile driving and removal is expected to operating assumptions, WETA will not operation, passenger access, and produce underwater sound at levels that require all three new gates (Gates A, F, passenger circulation at the Ferry have the potential to result in behavioral and G) to support existing and new Terminal. harassment of marine mammals. Seven services immediately. As a result, The project includes construction of species of marine mammals have the WETA is planning that project potential to be affected by the specified two new water transit gates and construction will be phased. The first associated overwater berthing facilities, activities: harbor seal (Phoca vitulina), phase will include construction of Gates California sea lion (Zalophus in addition to supportive improvements, F and G, as well as other related such as additional passenger waiting californianus), Northern elephant seal improvements in the South Basin. (Mirounga angustirostris), Northern fur and queuing areas and circulation seal (Callorhinus ursinus), harbor Dates and Duration improvements in a 7.7-acre area (see porpoise (Phocoena phocoena), gray The total project is expected to Figure 1 in the WETA’s application, whale (Eschrichtius robustus), and require a maximum of 130 days of in- which depicts the project area, and bottlenose dolphin (Tursiops truncatus). water pile driving. The project may Figure 2, which depicts the project These species may occur year round in require up to 23 months for completion; improvements). The project includes the the action area. with a maximum of 106 days for pile following elements: (1) Removal of Similar construction and pile driving driving in the first year. In-water portions of existing deck and pile activities in San Francisco Bay have activities are limited to occur between construction (portions will remain as been authorized by NMFS in the past. June 28, 2016 and November 30, 2016 open water, and other portions will be These projects include construction and June 1 through November 30, 2017. replaced); (2) Construction of two new activities at the Exploratorium (75 FR If in-water work will extend beyond the gates (Gates F and G); (3) Relocation of 66065), pier 36 (77 FR 20361), and the effective dates of the IHA, a second IHA an existing gate (Gate E); and (4) Oakland Bay Bridge (71 FR 26750; 72 application will be submitted by WETA. Improved passenger boarding areas, FR 25748; 74 FR 41684; 76 FR 7156; 78 This proposed authorization would be amenities, and circulation, including FR 2371; 79 FR 2421; and 80 FR 43710). effective from June 28, 2016 to extending the East Bayside Promenade along Gates E, F, and G; strengthening Description of the Specified Activity December 31, 2016. the South Apron of the Agriculture Overview Specific Geographic Region Building; creating the Embarcadero The San Francisco Bay Area Water The San Francisco ferry terminal is Plaza; and installing weather protection Emergency Transportation Authority located in the western shore of San canopies for passenger queuing. (WETA) is expanding berthing capacity Francisco Bay (see Figure 1 of WETA’s Implementation of the project at the Downtown San Francisco Ferry application). The ferry terminal is five improvements will result in a change in Terminal (Ferry Terminal), located at blocks north of the San Francisco the type and area of structures over San the San Francisco Ferry Building (Ferry Oakland Bay Bridge. More specifically, Francisco Bay. In some areas, structures Building), to support existing and future the south basin of the ferry terminal is will be demolished and then rebuilt. planned water transit services operated located between Pier 14 and the ferry The project will require both the on San Francisco Bay by WETA and plaza. San Francisco Bay and the removal and installation of piles as WETA’s emergency operations. adjacent Sacramento-San Joaquin Delta summarized in Table 1. Demolition and The Downtown San Francisco Ferry make up one of the largest estuarine construction could be completed within Terminal Expansion Project would systems on the continent. The Bay has 23 months.

TABLE 1—SUMMARY OF PILE REMOVAL AND INSTALLATION IN 2016

Project element Pile diameter Pile type Method Number of piles/schedule

Demolition in the South 12 to 18 inches ...... Wood and concrete ...... Pull or cut off 2 feet below 350 piles/30 days 2016. Basin. mud line. Removal of Dolphin Piles in 36 inches ...... Steel: 140 to 150 feet in Pull out ...... Four dolphin piles/1 day. the South Basin. length. Embarcadero Plaza and 24 or 36 inches ...... Steel: 135 to 155 feet in Impact or Vibratory Driver 220 24- or 36-inch piles/65 East Bayside Promenade. length. days 2016.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 43995

TABLE 1—SUMMARY OF PILE REMOVAL AND INSTALLATION IN 2016—Continued

Project element Pile diameter Pile type Method Number of piles/schedule

Fender Piles ...... 14 inches ...... Polyurethane-coated pres- Impact or Vibratory Driver 38/10 days 2016. sure-treated wood; 64 feet in length.

Removal of Existing Facilities will consist of square, 12-inch-wide, apron may need to be strengthened with As part of the project, the remnants of polyurethane-coated, pressure-treated steel jackets. • Pier 2 will be demolished and removed. wood blocks that are connected along Two canopies will be constructed the side of the adjacent pier structure, This consists of approximately 21,000 along the East Bayside Promenade: one and supported by polyurethane-coated, square feet of existing deck structure between Gates E and F, and one pressure-treated wood piles. supported by approximately 350 wood between Gates F and G. Each of the In addition, the existing Gate E float and concrete piles. In addition, four canopies will be 125 feet long and 20 will be moved 43 feet to the east, to dolphin piles will be removed. feet wide. Each canopy will be align with the new gates and East Demolition will be conducted from supported by four columns at 35 feet on Bayside Promenade. The existing six 36- barges. Two barges will be required: center, with 10-foot cantilevers at either inch-diameter steel guide piles will be One for materials storage, and one end. The canopies will be constructed of removed using vibratory extraction, and outfitted with demolition equipment steel and glass, and will include reinstalled to secure the Gate E float in (crane, clamshell bucket for pulling of photovoltaic cells. place. Because of Gate E’s new location, piles, and excavator for removal of the The new deck will be constructed on to meet ADA requirements, the existing deck). Diesel-powered tug boats will the piles, using a system of beam-and- 90-foot-long steel truss gangway will be bring the barges to the project area, flat-slab-concrete construction, similar replaced with a longer, 105-foot-long where they will be anchored. Piles will to what has been built in the Ferry gangway. be removed by either cutting them off Building area. The beam-and-slab two feet below the mud line, or pulling Passenger Boarding and Circulation construction will be either precast or the pile through vibratory extraction. Areas cast-in-place concrete (or a combination Several improvements will be made to of the two), and approximately 2.5 feet Construction of Gates and Berthing thick. Above the structure, granite Structures passenger boarding and circulation areas. New deck and pile-supported paving or a concrete topping slab will The new gates (Gates F and G) will be structures will be built. provide a finished pedestrian surface. built similarly. Each gate will be • An Embarcadero Plaza, elevated The passenger facilities, amenities, designed with an entrance portal—a approximately 3 to 4 feet above current and public space improvements—such prominent doorway physically grade, will be created. The Embarcadero as the entrance portals, canopy separating the berthing structures from Plaza will require new deck and pile structures, lighting, guardrails, and the surrounding area. Berthing construction to fill an open-water area furnishings—will be surface-mounted structures will be provided for each new and replace existing structures that do on the pier structures after the new gate, consisting of floats, gangways, and not comply with Essential Facilities construction and repair are complete. guide piles. The steel floats will be requirements. The canopies and entrance portals will approximately 42 feet wide by 135 feet • The East Bayside Promenade will be constructed offsite, delivered to the long. The steel truss gangways will be be extended to create continuous site, craned into place by barge, and approximately 14 feet wide and 105 feet pedestrian access to Gates E, F, and G, assembled onsite. The glazing materials, long. The gangway will be designed to as well as to meet public access and cladding materials, granite pavers, rise and fall with tidal variations while pedestrian circulation requirements guardrails, and furnishings will be meeting Americans with Disabilities Act along San Francisco Bay. It will extend assembled onsite. (ADA) requirements. The gangway and approximately 430 feet in length, and Dredging Requirements the float will be designed with canopies, will provide an approximately 25-foot- consistent with the current design of wide area for pedestrian circulation and The side-loading vessels require a existing Gates B and E. The berthing public access along Gates E, F, and G. depth of 12.5 feet below mean lower structures will be fabricated off site and The perimeter of the East Bayside low water (MLLW) on the approach and floated to the project area by barge. Six Promenade will also include a curbed in the berthing area. Based on a steel guide piles will be required to edge with a guardrail. bathymetric survey conducted in 2015, secure each float in place. In addition, • Short access piers, approximately it is estimated that the new Gates F and dolphin piles may be used at each 30 feet wide and 45 feet long, will G will require dredging to meet the berthing structure to protect against the extend from the East Bayside required depths. The expected dredging collision of vessels with other structures Promenade to the portal for each gate. volumes are presented in Table 2. These or vessels. A total of up to 14 dolphin • The South Apron of the Agriculture estimates are based on dredging the piles may be installed. Building will be upgraded to approach areas to 123.5 feet below Chock-block fendering will be added temporarily support access for MLLW, and 2 feet of overdredge depth, along the East Bayside Promenade, to passenger circulation. Depending on to account for inaccuracies in dredging adjacent structures to protect against their condition, as determined during practices. The dredging will take collision. The chock-block fendering Final Design, the piles supporting this approximately 2 months.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 43996 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

TABLE 2—SUMMARY OF DREDGING REQUIREMENTS

Dredging element Summary

Initial Dredging

Gate F ...... 0.78 acre/6,006 cubic yards Gate G ...... 1.64 acres/14,473 cubic yards Total for Gates F and G ...... 2.42 acres/20,479 cubic yards Staging ...... On barges Typical Equipment ...... Clamshell dredge on barge; disposal barge; survey boat Duration ...... 2 months

Maintenance Dredging

Gates F and G ...... 5,000 to 10,000 cubic yards Frequency ...... Every 3 or 4 years

Based on observed patterns of Comment: The Commission Bay; however, there have been recent sediment accumulation in the Ferry recommends the issuance of the IHA, sightings of this species due to the El Terminal area, significant sediment subject to the inclusion of the proposed Nin˜ o event. Only single individuals of accumulation will not be expected, mitigation, monitoring, and reporting this species have occasionally been because regular maintenance dredging is measures. sighted inside San Francisco Bay, and not currently required to maintain Response: We appreciate the their presence near the action area is operations at existing Gates B and E. Commission’s concurrence with our considered unlikely. No takes are However, some dredging will likely be findings and appreciate their input and requested for this species, and support. We made minor changes to the required on a regular maintenance cycle mitigation measures such as a shutdown beneath the floats at Gates F and G, due monitoring requirements, including zone will be in effect for this species if to their proximity to the Pier 14 allowing only one observer if impact observed approaching the Level B breakwater. It is expected that driving is the only method if installation maintenance dredging will be required used on one day; and allowing WETA harassment zone. Although it is possible every 3 to 4 years, and will require to modify the zones from data from that a humpback whale (Megaptera removal of approximately 5,000 to hydroacoustic monitoring, with NMFS navaeangliae) may enter San Francisco 10,000 cubic yards of material. concurrence, and if the zones are small Bay and find its way into the project Dredging and disposal of dredged enough, to only have one observer. area during construction activities, their materials will be conducted in NMFS believes these changes will still occurrence is unlikely. No takes are cooperation with the San Francisco allow the mitigation and monitoring requested for this species, and Dredged Materials Management Office measures to effect the least practicable mitigation measures such as a delay and (DMMO), including development of a impact on marine mammal species or shutdown procedure will be in effect for sampling plan, sediment stocks and their habitat. this species if observed approaching the characterization, a sediment removal Description of Marine Mammals in the Level B harassment zone. Table 3 lists plan, and disposal in accordance with Area of the Specified Activity the marine mammal species with the Long-Term Management Strategy for expected potential for occurrence in the There are seven marine mammal San Francisco Bay to ensure beneficial vicinity of the SF Ferry terminal during species which may inhabit or may likely reuse, as appropriate. DMMO the project timeframe and summarizes consultation is expected to begin in transit through the waters nearby the Ferry Terminal, and which are expected key information regarding stock status early 2016. Based on the results of the and abundance. Taxonomically, we sediment analysis, the alternatives for to potentially be taken by the specified follow Committee on Taxonomy (2014). placement of dredged materials will be activity. These include the Pacific evaluated, including disposal at the San harbor seal (Phoca vitulina), California Please see NMFS’ Stock Assessment Francisco Deep Ocean Disposal Site, sea lion (Zalophus californianus), Reports (SAR), available at disposal at an upland facility, or Northern Elephant seal (Mirounga www.nmfs.noaa.gov/pr/sars, for more beneficial reuse. Selection of the angustirostris), Northern fur seal detailed accounts of these stocks’ status disposal site will be reviewed and (Callorhinus ursinus), harbor porpoise and abundance. Please also refer to approved by the DMMO. (Phocoena phocoena), gray whale NMFS’ Web site (www.nmfs.noaa.gov/ (Eschrichtius robustus), and bottlenose pr/species/mammals) for generalized Comments and Responses dolphin (Tursiops truncatus). Multiple species accounts. We provided We published a notice of receipt of additional marine mammal species may additional information for marine WETA’s application and proposed IHA occasionally enter the activity area in mammals with potential for occurrence in the Federal Register on May 25, 2016 San Francisco Bay but would not be in the area of the specified activity in (81 FR 33217). We received one expected to occur in shallow nearshore our Federal Register notice of proposed comment, a letter from the Marine waters of the action area. Guadalupe fur authorization (May 25, 2016; 81 FR Mammal Commission concurring with seals (Arctocephalus townsendi) 33217). NMFS’s preliminary findings. generally do not occur in San Francisco

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 43997

TABLE 3—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF SAN FRANCISCO FERRY TERMINAL

ESA/MMPA Stock abundance Relative occurrence in 3 Species Stock status; strategic (CV, Nmin, most recent PBR Strait of Juan de Fuca; (Y/N) 1 abundance survey) 2 season of occurrence

Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Phocoenidae (porpoises)

Harbor porpoise ...... San Francisco-Russian -; N 9,886 (0.51; 6,625; 66 Common. River. 2011).

Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae (dolphins)

Bottlenose dolphin 4 ...... California coastal ...... -; N 323 (0.13; 290; 2005) .... 2.4 Rare.

Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Eschrichtiidae

Gray whale ...... Eastern N. Pacific ...... -; N 20,990 (0.05; 20,125; 624 Rare. 2011).

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Balaenopteridae

Humpback whale ...... California/Oregon/ ...... E; S 1,918 ...... 11 Unlikely. Washington stock ......

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions)

California sea lion ...... U.S...... -; N 296,750 (n/a; 153,337; 9,200 Common. 2011). Guadalupe fur seal 5 ...... Mexico to California ...... T; S 7,408 (n/a; 3,028; 1993) 91 Unlikely. Northern fur seal ...... California stock ...... -;N 14,050 (n/a; 7,524; 451 Unlikely. 2013).

Family Phocidae (earless seals)

Harbor seal ...... California ...... -; N 30,968 (n/a; 27,348; 1,641 Common; Year-round 2012). resident. Northern elephant seal .... California breeding stock -; N 179,000 (n/a; 81,368; 4,882 Rare. 2010). 1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality ex- ceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any spe- cies or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks, abundance estimates are actual counts of animals and there is no associated CV. The most recent abundance survey that is reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the estimate. 3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be re- moved from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). 4 Abundance estimates for these stocks are greater than eight years old and are therefore not considered current. PBR is considered undeter- mined for these stocks, as there is no current minimum abundance estimate for use in calculation. We nevertheless present the most recent abundance estimates and PBR values, as these represent the best available information for use in this document.

Potential Effects of the Specified Mitigation Measurements from similar pile Activity on Marine Mammals and Their driving events were coupled with Habitat In order to issue an IHA under section practical spreading loss to estimate 101(a)(5)(D) of the MMPA, NMFS must zones of influence (ZOI; see Estimated Our Federal Register notice of set forth the permissible methods of Take by Incidental Harassment); these proposed authorization (May 25, 2016; taking pursuant to such activity, and values were used to develop mitigation 81 FR 33217) provides a general other means of effecting the least measures for pile driving and removal background on sound relevant to the practicable impact on such species or activities at the ferry terminal. The ZOIs specified activity as well as a detailed stock and its habitat, paying particular effectively represent the mitigation zone description of marine mammal hearing attention to rookeries, mating grounds, that will be established around each pile and of the potential effects of these and areas of similar significance, and on to prevent Level A harassment to marine construction activities on marine the availability of such species or stock mammals, while providing estimates of mammals and their habitat. for taking for certain subsistence uses. the areas within which Level B

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 43998 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

harassment might occur. In addition to later (see Proposed Monitoring and to monitor for marine mammals and the specific measures described later in Reporting). Nominal radial distances for implement shutdown/delay procedures this section, WETA will conduct disturbance zones are shown in Table 4. when applicable by calling for the briefings between construction Given the size of the disturbance zone shutdown to the hammer operator. A supervisors and crews, marine mammal for vibratory pile driving, it is minimum of two observers will be monitoring team, and WETA staff prior impossible to guarantee that all animals required for all pile driving/removal to the start of all pile driving activity, would be observed or to make activities, unless only impact driving is and when new personnel join the work, comprehensive observations of fine- to occur on that day, in which case only in order to explain responsibilities, scale behavioral reactions to sound, and one observer will be required. This was communication procedures, marine only a portion of the zone (e.g., what modified from the proposed FR notice. mammal monitoring protocol, and may be reasonably observed by visual It was determined that one MMO could operational procedures. observers stationed within the turning adequately survey the impact driving basin) would be observed. zones. Qualified observers are typically Monitoring and Shutdown for In order to document observed trained biologists, with the following Construction Activities instances of harassment, monitors minimum qualifications: The following measures will apply to record all marine mammal observations, • Visual acuity in both eyes WETA’s mitigation through shutdown regardless of location. The observer’s (correction is permissible) sufficient for and disturbance zones: location, as well as the location of the discernment of moving targets at the Shutdown Zone—For all pile driving pile being driven, is known from a GPS. water’s surface with ability to estimate activities, WETA will establish a The location of the animal is estimated target size and distance; use of shutdown zone intended to contain the as a distance from the observer, which binoculars may be necessary to correctly area in which SPLs equal or exceed the is then compared to the location from identify the target; 180/190 dB rms acoustic injury criteria the pile. It may then be estimated • Experience and ability to conduct for cetaceans and pinnipeds, whether the animal was exposed to field observations and collect data respectively. The purpose of a sound levels constituting incidental according to assigned protocols (this shutdown zone is to define an area harassment on the basis of predicted may include academic experience); within which shutdown of activity distances to relevant thresholds in post- • Experience or training in the field would occur upon sighting of a marine processing of observational and acoustic identification of marine mammals, mammal (or in anticipation of an animal data, and a precise accounting of including the identification of entering the defined area), thus observed incidences of harassment behaviors; preventing injury of marine mammals created. This information may then be • Sufficient training, orientation, or (as described previously, serious injury used to extrapolate observed takes to experience with the construction or death are unlikely outcomes even in reach an approximate understanding of operation to provide for personal safety the absence of mitigation measures). actual total takes. during observations; Modeled radial distances for shutdown Monitoring Protocols—Monitoring • Writing skills sufficient to prepare a zones are shown in Table 4. However, will be conducted before, during, and report of observations including but not a minimum shutdown zone of 10 m will after pile driving and vibratory removal limited to the number and species of be established during all pile driving activities. In addition, observers shall marine mammals observed; dates and activities, regardless of the estimated record all instances of marine mammal times when in-water construction zone. Vibratory pile driving and occurrence, regardless of distance from activities were conducted; dates and removal activities are not predicted to activity, and shall document any times when in-water construction produce sound exceeding the 180/190- behavioral reactions in concert with activities were suspended to avoid dB Level A harassment threshold, but distance from piles being driven. potential incidental injury from these precautionary measures are Observations made outside the construction sound of marine mammals intended to prevent the already unlikely shutdown zone will not result in observed within a defined shutdown possibility of physical interaction with shutdown; that pile segment would be zone; and marine mammal behavior; construction equipment and to further completed without cessation, unless the and reduce any possibility of acoustic animal approaches or enters the • Ability to communicate orally, by injury. shutdown zone, at which point all pile radio or in person, with project Disturbance Zone—Disturbance zones driving activities would be halted. personnel to provide real-time are the areas in which SPLs equal or Monitoring will take place from fifteen information on marine mammals exceed 160 and 120 dB rms (for impulse minutes prior to initiation through observed in the area as necessary. and continuous sound, respectively). thirty minutes post-completion of pile (2) Prior to the start of pile driving Disturbance zones provide utility for driving and removal activities. Pile activity, the shutdown zone will be monitoring conducted for mitigation driving activities include the time to monitored for fifteen minutes to ensure purposes (i.e., shutdown zone install or remove a single pile or series that it is clear of marine mammals. Pile monitoring) by establishing monitoring of piles, as long as the time elapsed driving will only commence once protocols for areas adjacent to the between uses of the pile driving observers have declared the shutdown shutdown zones. Monitoring of equipment is no more than thirty zone clear of marine mammals; animals disturbance zones enables observers to minutes. Please see the Monitoring Plan will be allowed to remain in the be aware of and communicate the (www.nmfs.noaa.gov/pr/permits/ shutdown zone (i.e., must leave of their presence of marine mammals in the incidental/construction.htm), developed own volition) and their behavior will be project area but outside the shutdown by WETA in agreement with NMFS, for monitored and documented. The zone and thus prepare for potential full details of the monitoring protocols. shutdown zone may only be declared shutdowns of activity. However, the The following additional measures clear, and pile driving started, when the primary purpose of disturbance zone apply to visual monitoring: entire shutdown zone is visible (i.e., monitoring is for documenting instances (1) Monitoring will be conducted by when not obscured by dark, rain, fog, of Level B harassment; disturbance zone qualified observers, who will be placed etc.). In addition, if such conditions monitoring is discussed in greater detail at the best vantage point(s) practicable should arise during impact pile driving

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 43999

that is already underway, the activity expected to minimize adverse impacts ‘‘requirements pertaining to the will be halted. to marine mammals, (2) the proven or monitoring and reporting of such (3) If a marine mammal approaches or likely efficacy of the specific measure to taking.’’ The MMPA implementing enters the shutdown zone during the minimize adverse impacts as planned; regulations at 50 CFR 216.104 (a)(13) course of pile driving operations, and (3) the practicability of the measure indicate that requests for incidental take activity will be halted and delayed until for applicant implementation. authorizations must include the either the animal has voluntarily left Any mitigation measure(s) we suggested means of accomplishing the and been visually confirmed beyond the prescribe should be able to accomplish, necessary monitoring and reporting that shutdown zone or fifteen minutes have have a reasonable likelihood of will result in increased knowledge of passed without re-detection of small accomplishing (based on current the species and of the level of taking or cetaceans and pinnipeds, and thirty science), or contribute to the impacts on populations of marine minutes for gray whales. Monitoring accomplishment of one or more of the mammals that are expected to be will be conducted throughout the time general goals listed below: present in the proposed action area. required to drive a pile. (1) Avoidance or minimization of Any monitoring requirement we (4) Using delay and shut-down injury or death of marine mammals prescribe should improve our procedures, if a species for which wherever possible (goals 2, 3, and 4 may understanding of one or more of the authorization has not been granted contribute to this goal). following: (including but not limited to Guadalupe (2) A reduction in the number (total • Occurrence of marine mammal fur seals and humpback whales) or if a number or number at biologically species in action area (e.g., presence, species for which authorization has important time or location) of abundance, distribution, density). been granted but the authorized takes individual marine mammals exposed to • Nature, scope, or context of likely are met, approaches or is observed stimuli expected to result in incidental marine mammal exposure to potential within the Level B harassment zone, take (this goal may contribute to 1, stressors/impacts (individual or activities will shut down immediately above, or to reducing takes by cumulative, acute or chronic), through and not restart until the animals have behavioral harassment only). better understanding of: (1) Action or been confirmed to have left the area. (3) A reduction in the number (total environment (e.g., source Soft Start number or number at biologically characterization, propagation, ambient important time or location) of times any The use of a soft start procedure is noise); (2) Affected species (e.g., life individual marine mammal would be history, dive patterns); (3) Co- believed to provide additional exposed to stimuli expected to result in protection to marine mammals by occurrence of marine mammal species incidental take (this goal may contribute with the action; or (4) Biological or warning or providing a chance to leave to 1, above, or to reducing takes by the area prior to the hammer operating behavioral context of exposure (e.g., age, behavioral harassment only). calving or feeding areas). at full capacity, and typically involves (4) A reduction in the intensity of • Individual responses to acute a requirement to initiate sound from the exposure to stimuli expected to result in stressors, or impacts of chronic hammer at reduced energy followed by incidental take (this goal may contribute exposures (behavioral or physiological). a waiting period. This procedure is to 1, above, or to reducing the severity • How anticipated responses to repeated two additional times. It is of behavioral harassment only). difficult to specify the reduction in (5) Avoidance or minimization of stressors impact either: (1) Long-term energy for any given hammer because of adverse effects to marine mammal fitness and survival of an individual; or variation across drivers and, for impact (2) Population, species, or stock. habitat, paying particular attention to • hammers, the actual number of strikes at the prey base, blockage or limitation of Effects on marine mammal habitat reduced energy will vary because passage to or from biologically and resultant impacts to marine operating the hammer at less than full important areas, permanent destruction mammals. • power results in ‘‘bouncing’’ of the of habitat, or temporary disturbance of Mitigation and monitoring hammer as it strikes the pile, resulting habitat during a biologically important effectiveness. in multiple ‘‘strikes.’’ For impact time. WETA’s planned monitoring and driving, we require an initial set of three (6) For monitoring directly related to reporting is also described in their strikes from the impact hammer at mitigation, an increase in the Marine Mammal Monitoring Plan, on reduced energy, followed by a thirty- probability of detecting marine the Internet at www.nmfs.noaa.gov/pr/ second waiting period, then two mammals, thus allowing for more permits/incidental/construction.htm. subsequent three strike sets. Soft start effective implementation of the Hydroacousting Monitoring will be required at the beginning of each mitigation. day’s impact pile driving work and at Based on our evaluation of WETA’s Hydroacoustic monitoring will be any time following a cessation of impact proposed measures, as well as any other conducted during a minimum of ten pile driving of thirty minutes or longer. potential measures that may be relevant percent of all pile driving activities. The We have carefully evaluated WETA’s to the specified activity, we have monitoring will be done in accordance proposed mitigation measures and determined that the proposed mitigation with the methodology outlined in this considered their effectiveness in past measures provide the means of effecting Hydroacoustic Monitoring Plan (see implementation to determine whether the least practicable impact on marine Appendix A of WETA’s application for they are likely to effect the least mammal species or stocks and their more information on this plan, practicable impact on the affected habitat, paying particular attention to including the methodology, equipment, marine mammal species and stocks and rookeries, mating grounds, and areas of and reporting information). The their habitat. Our evaluation of potential similar significance. monitoring will be conducted based on measures included consideration of the the following: following factors in relation to one Monitoring and Reporting • Be based on the dual metric criteria another: (1) The manner in which, and In order to issue an IHA for an (Popper et al., 2006) and the the degree to which, the successful activity, section 101(a)(5)(D) of the accumulated sound exposure level implementation of the measure is MMPA states that NMFS must set forth (SEL);

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44000 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

• Establish field locations that will be and seek improvements to these issuance of any future IHA for projects used to document the extent of the area methods when deemed appropriate. at the same location, whichever comes experiencing 187 decibels (dB) SEL Any modifications to protocol will be first. The report will include marine accumulated; coordinated between NMFS and WETA. mammal observations pre-activity, • Establish the distance to the Marine In addition, the MMO(s) will survey during-activity, and post-activity during Mammal Level A and Level B Safety the potential Level A and nearby Level pile driving and removal days, and will and Harassment zones; B harassment zones (areas within also provide descriptions of any • Describe the methods necessary to approximately 2,000 feet of the pile- behavioral responses to construction continuously assess underwater noise driving area observable from the shore) activities by marine mammals and a on a real-time basis, including details on on 2 separate days—no earlier than 7 complete description of all mitigation the number, location, distance and days before the first day of shutdowns and the results of those depth of hydrophones, and associated construction—to establish baseline actions and an extrapolated total take monitoring equipment; observations. Monitoring will be timed estimate based on the number of marine • Provide a means of recording the to occur during various tides (preferably mammals observed during the course of time and number of pile strikes, the low and high tides) during daylight construction. A final report must be peak sound energy per strike, and hours from locations that are publicly submitted within thirty days following interval between strikes; accessible (e.g., Pier 14 or the Ferry resolution of comments on the draft • Provide provisions to provide all Plaza). The information collected from report. monitoring data to the CDFW and baseline monitoring will be used for NMFS. Estimated Take by Incidental comparison with results of monitoring Harassment during pile-driving activities. Visual Marine Mammal Observations Except with respect to certain WETA will collect sighting data and Data Collection activities not pertinent here, section behavioral responses to construction for We require that observers use 3(18) of the MMPA defines marine mammal species observed in the approved data forms. Among other ‘‘harassment’’ as: ‘‘. . . any act of region of activity during the period of pieces of information, WETA will pursuit, torment, or annoyance which (i) activity. All observers (MMOs) will be record detailed information about any has the potential to injure a marine trained in marine mammal implementation of shutdowns, mammal or marine mammal stock in the identification and behaviors and are including the distance of animals to the wild [Level A harassment]; or (ii) has required to have no other construction- pile and description of specific actions the potential to disturb a marine related tasks while conducting that ensued and resulting behavior of mammal or marine mammal stock in the monitoring. A minimum of two MMOs the animal, if any. In addition, WETA wild by causing disruption of behavioral will be required for all pile driving/ will attempt to distinguish between the patterns, including, but not limited to, removal activities, unless only impact number of individual animals taken and migration, breathing, nursing, breeding, driving is to occur on that day, in which the number of incidences of take. We feeding, or sheltering [Level B case only one observer will be required. require that, at a minimum, the harassment].’’ WETA will monitor the shutdown zone following information be collected on All anticipated takes would be by and disturbance zone before, during, the sighting forms: Level B harassment resulting from and after pile driving, with observers • Date and time that monitored vibratory and impact pile driving and located at the best practicable vantage activity begins or ends; removal and involving temporary points. Based on our requirements, • Construction activities occurring changes in behavior. The planned WETA will implement the following during each observation period; mitigation and monitoring measures are procedures for pile driving and removal: • Weather parameters (e.g., percent expected to minimize the possibility of • MMOs will be located at the best cover, visibility); injurious or lethal takes such that take vantage point(s) in order to properly see • Water conditions (e.g., sea state, by Level A harassment, serious injury, the entire shutdown zone and as much tide state); or mortality is considered discountable. of the disturbance zone as possible. • Species, numbers, and, if possible, However, it is unlikely that injurious or • During all observation periods, sex and age class of marine mammals; lethal takes would occur even in the observers will use binoculars and the • Description of any observable absence of the planned mitigation and naked eye to search continuously for marine mammal behavior patterns, monitoring measures. marine mammals. including bearing and direction of Given the many uncertainties in • If the shutdown zones are obscured travel, and if possible, the correlation to predicting the quantity and types of by fog or poor lighting conditions, pile SPLs; impacts of sound on marine mammals, driving at that location will not be • Distance from pile driving or it is common practice to estimate how initiated until that zone is visible. removal activities to marine mammals many animals are likely to be present Should such conditions arise while and distance from the marine mammals within a particular distance of a given impact driving is underway, the activity to the observation point; activity, or exposed to a particular level will be halted. • Description of implementation of of sound. In practice, depending on the • The shutdown and disturbance mitigation measures (e.g., shutdown or amount of information available to zones around the pile will be monitored delay); characterize daily and seasonal for the presence of marine mammals • Locations of all marine mammal movement and distribution of affected before, during, and after any pile driving observations; and marine mammals, it can be difficult to or removal activity. • Other human activity in the area. distinguish between the number of Individuals implementing the individuals harassed and the instances monitoring protocol will assess its Reporting of harassment and, when duration of the effectiveness using an adaptive A draft report will be submitted to activity is considered, it can result in a approach. The monitoring biologists NMFS within 90 days of the completion take estimate that overestimates the will use their best professional of marine mammal monitoring, or 60 number of individuals harassed. In judgment throughout implementation days prior to the requested date of particular, for stationary activities, it is

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44001

more likely that some smaller number of bottlenose dolphin, and gray whales sound-pressure levels commonly individuals may accrue a number of near the San Francisco Ferry Terminal associated with physiological damage. incidences of harassment per individual that may result from construction Impact driving can produce noise levels than for each incidence to accrue to a activities associated with the project in excess of the Level A thresholds, but new individual, especially if those described previously in this document. only within 50 feet (15 meters) of individuals display some degree of In order to estimate the potential impact-driving of 36-inch piles. The residency or site fidelity and the instances of take that may occur shutdown zone will be equivalent to the impetus to use the site (e.g., because of incidental to the specified activity, we area over which Level A harassment foraging opportunities) is stronger than must first estimate the extent of the may occur, including the 180 dB re 1 the deterrence presented by the sound field that may be produced by the mPa (cetaceans) and 190 dB re 1 mPa harassing activity. activity and then consider in (pinnipeds) isopleths (Table 4); combination with information about The area where the ferry terminal is however, a minimum 10 m shutdown marine mammal density or abundance zone will be applied to the these zones located is not considered important in the project area. We described as a precautionary measure intended to habitat for marine mammals, as it is a applicable sound thresholds for prevent the already unlikely possibility highly industrial area with high levels determining effects to marine mammals of physical interaction with of vessel traffic and background noise. before describing the information used While there are harbor seal haul outs in estimating the sound fields, the construction equipment and to further within two miles of the construction available marine mammal density or reduce any possibility of acoustic activity at Yerba Buena Island, and a abundance information, and the method injury. The disturbance zones will be California sea lion haul out of estimating potential incidents of take equivalent to the area over which Level approximately 1.5 miles away at pier 39, in detail in our Federal Register notice B harassment may occur, including160 behavioral disturbances that could of proposed authorization (May 25, dB re 1 mPa (impact pile driving) and result from anthropogenic sound 2016; 81 FR 33217). All calculated 120 dB re 1 mPa (vibratory pile driving) associated with these activities are distances to and the total area isopleths (Table 4). These zones may be expected to affect only a relatively small encompassed by the marine mammal modified based on results from the number of individual marine mammals sound thresholds are provided in Table hydroacoustic monitoring (see that may venture near the ferry terminal, 4. Appendix A of WETA’s application). although those effects could be All calculated distances to, and the This was a change from the proposed FR recurring over the life of the project if total area encompassed by, the marine notice. It was determined that the same individuals remain in the mammal sound thresholds are provided hydroacoustic monitoring will give project vicinity. WETA has requested in Table 4. No physiological responses more accurate information than authorization for the incidental taking of are expected from pile-driving modeled results, and therefore, should small numbers of harbor seals, Northern operations occurring during project be used as the harassment zones. Any elephant seals, Norther fur seals, construction. Vibratory pile extraction changes will need to be reviewed and California sea lions, harbor porpoise, and driving does not generate high-peak approved by NMFS.

TABLE 4—DISTANCES TO RELEVANT UNDERWATER SOUND THRESHOLDS AND AREAS OF ENSONIFICATION

Source levels Distance to threshold (m) at 10 meters Area for Level Project element requiring pile installation 160/120 dB B threshold 190 dB RMS 1 180 dB RMS 1 (km2) RMS RMS 2

South Basin Pile Demolition and Removal

18-Inch Wood Piles—Vibratory Driver ...... * 150 0 <1 * 1,600 * 2.30 18-Inch Concrete Piles—Vibratory Driver ...... 150 0 <1 1,000 1.27 36-Inch Steel Piles—Vibratory Driver ...... 3 169 <1 2 18,478 86.52

Embarcadero Plaza and East Bayside Promenade and Gates E, F, and G Dolphin and Guide Piles

36-Inch Steel Piles—Vibratory Driver ...... 169 <1 2 18,478 86.52 36-Inch Steel Piles—Impact Driver (BCA)3 ...... 3 183 4 16 341 0.18 24-Inch Steel Piles—Vibratory Driver ...... 163 0 1 7,356 38.07 24-Inch Steel Piles—Impact Driver (BCA) ...... 3 180 2 10 215 0.09

Fender Piles

14-Inch Wood Piles- Vibratory Driver ...... 142 0 0 293 0.14 14-Inch Wood Piles—Impact Driver ...... 158 0 0 7 0 1 For underwater noise, the Level A harassment threshold for cetaceans is 180 dB and 190 dB for pinnipeds. 2 For underwater noise, the Level B harassment (disturbance) threshold is 160 dB for impulsive noise and typical ambient levels (120 dB) for continuous noise. 3 The source levels used for vibratory driving of 36 in steel piles, and impact driving with a bubble curtain of 24 in and 36 in steel piles were in- correctly entered into this table in the proposed FR notice. The correct values are shown above. * This SL is at 16m and was stated as 10m in the proposed FR notice. Because of this revision, the 120 dB distance and the area were up- dated. BCA Bubble curtain attenuation will be used during impact driving of steel piles. dB decibels. RMS root mean square.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44002 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Marine Mammal Densities driving is likely to occur only on days estimates and estimated ZOI areas are when vibratory driving occurs. accurate. We assume, in the absence of At-sea densities for marine mammal • species have been determined for harbor In absence of site specific information supporting a more refined underwater acoustic propagation seals and California sea lions in San conclusion, that the output of the modeling, the practical spreading loss Francisco Bay; all other estimates here calculation represents the number of model was used to determine the ZOI. individuals that may be taken by the are determined by using observational • All marine mammal individuals data taken during marine mammal specified activity. In fact, in the context potentially available are assumed to be of stationary activities such as pile monitoring associated with the present within the relevant area, and driving and in areas where resident Richmond-San Rafael Bridge retrofit thus incidentally taken; project, the San Francisco-Oakland Bay • An individual can only be taken animals may be present, this number Bridge (SFOBB), which has been once during a 24-h period; and, represents the number of instances of ongoing for the past 15 years, and • Exposures to sound levels at or take that may accrue to a smaller anecdotal observational reports from above the relevant thresholds equate to number of individuals, with some local entities. It is not currently possible take, as defined by the MMPA. number of animals being exposed more to identify all observed individuals to The estimation of marine mammal than once per individual. While pile stock. takes typically uses the following driving and removal can occur any day Description of Take Calculation calculation: throughout the in-water work window, For harbor seals and California sea and the analysis is conducted on a per All estimates are conservative and lions: Level B exposure estimate = D day basis, only a fraction of that time include the following assumptions: (density) * Area of ensonification) * • (typically a matter of hours on any given All pilings installed at each site Number of days of noise generating day) is actually spent pile driving/ would have an underwater noise activities. removal. The potential effectiveness of disturbance equal to the piling that For all other marine mammal species: mitigation measures in reducing the causes the greatest noise disturbance Level B exposure estimate = N (number number of takes is typically not (i.e., the piling farthest from shore) of animals) in the area * Number of days quantified in the take estimation installed with the method that has the of noise generating activities. process. For these reasons, these take largest ZOI. The largest underwater To account for the increase in estimates may be conservative, disturbance ZOI would be produced by California sea lion density due to El especially if each take is considered a vibratory driving steel piles. The ZOIs Nin˜ o, the daily take estimated from the separate individual animal, and for each threshold are not spherical and observed density has been increased by especially for pinnipeds. are truncated by land masses on either a factor of 10 for each day that pile side of the channel which would driving or removal occurs. The quantitative exercise described dissipate sound pressure waves. There are a number of reasons why above indicates that no instances of • Exposures were based on estimated estimates of potential instances of take Level A harassment would be expected, total of 106 work days. Each activity may be overestimates of the number of independent of the implementation of ranges in amount of days needed to be individuals taken, assuming that required mitigation measures. See Table completed (Table 1). Note that impact available density or abundance 5 for total estimated instances of take. TABLE 5—CALCULATIONS FOR INCIDENTAL TAKE ESTIMATION

Estimated take by level B harassment (take per day/total) Pile-driver Number of Pile type type driving days Northern Harbor seal CA sea elephant Harbor Gray Northern fur Bottlenose lion 1 porpoise 2 whale 2 seal 2 dolphin 2 seal 2

Wood/concrete pile removal ..... Vibratory ..... 30 2/60 10/300 NA NA NA NA NA 36-inch dolphin pile removal .... Vibratory ..... 1 66/66 110/110 NA NA NA NA NA Embarcadero Plaza ...... Vibratory 3 ... 65 66/4,290 110/7,150 NA NA NA NA NA 36-inch steel piles ...... 14-inch wood pile ...... Vibratory 3 ... 10 1/10 10/100 NA NA NA NA NA

Project Total (2016) 4 ...... 106 4,426 7,660 21 9 2 10 30 1 To account for potential El Nin˜o conditions, take calculated from at-sea densities for California sea lion has been increased by a factor of 10. 2 Take is not calculated by activity type for these species with a low potential to occur, only a yearly total is given. 3 Piles of this type may also be installed with an impact hammer, which would reduce the estimated take. 4 This total assumes the more conservative use of 36-inch steel piles used for the Embarcadero Plaza; however, an alternative would be to use 24-in steel piles, which would result in smaller take numbers. Take numbers have been updated from the proposed FR notice based on public comment, and are described in the De- scription of Marine Mammals in the Area of the Specified Activity section.

Description of Marine Mammals in the for 15 years; from those data, Caltrans potential average daily take for the areas Area of the Specified Activity has produced at-sea density estimates over which the Level B harassment Harbor Seals for Pacific harbor seal of 0.77 animals thresholds may be exceeded are per square kilometer for the fall season estimated in Table 6. Monitoring of marine mammals in the (Caltrans, 2015b). Using this density, the vicinity of the SFOBB has been ongoing

TABLE 6—TAKE CALCULATION FOR HARBOR SEAL

Activity Pile type Density Area (km2) Take estimate

Vibratory driving and extraction ...... 36-in steel pile 1 ...... 0.77 animal/km2 ...... 86.53 4,290; 66

VerDate Sep<11>2014 19:00 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44003

TABLE 6—TAKE CALCULATION FOR HARBOR SEAL—Continued

Activity Pile type Density Area (km2) Take estimate

Vibratory extraction ...... Wood and concrete piles ...... 0.77 animal/km2 ...... 2.30 60 Vibratory driving ...... Wood piles ...... 0.77 animal/km2 ...... 0.13 10 1 The more conservative use of 36-inch steel piles for the Embarcadero Plaza was used here; however, an alternative would be to use 24-in steel piles, which would result in smaller take numbers (780 vs. 1,690).

A total of 1,756 harbor seal takes are construction will occur and may affect for California sea lion of 0.31 animals estimated for 2016 (Table 6). This take harbor seals. per square mile (0.12 animal per square number is larger than the take number kilometer) for the late summer to fall California Sea Lion in the proposed IHA. This change was season (Caltrans, 2015b). Using this based on public comment and take was Monitoring of marine mammals in the density, the potential average daily take increased based on using fall densities vicinity of the SFOBB has been ongoing for the areas over which the Level B instead of summer densities, to be more for 15 years; from those data, Caltrans harassment thresholds may be exceeded representative of the season in which has produced at-sea density estimates is estimated in Table 7.

TABLE 7—TAKE CALCULATION FOR CALIFORNIA SEA LION

Activity Pile type Density Area (km2) Take estimate

Vibratory driving and extraction ...... 36-in steel pile 1 ...... 0.31 (0.12 animal/km2) ...... 86.53 * 7,150; *110 Vibratory extraction ...... Wood and concrete piles ...... 0.31 (0.12 animal/km2) ...... 2.3 * 300 Vibratory driving ...... Wood piles ...... 0.31 (0.12 animal/km2) ...... 0.13 * 100 * All California sea lion estimates were multiplied by 10 to account for the increased occurrence of this species due to El Nin˜o. 1 The more conservative use of 36-inch steel piles for the Embarcadero Plaza was used here; however, an alternative would be to use 24-in steel piles, which would result in smaller take numbers (3,250 vs 7,150).

All California sea lion estimates were Northern Fur Seal Harbor Porpoise multiplied by 10 to account for the During the breeding season, the In the last six decades, harbor increased occurrence of this species due porpoises were observed outside of San to El Nin˜ o. A total of 7,660 California majority of the worldwide population is found on the Pribilof Islands in the Francisco Bay. The few harbor sea lion takes is estimated for 2016 porpoises that entered were not sighted (Table 5). southern Bering Sea, with the remaining animals spread throughout the North past central Bay close to the Golden Northern Elephant Seal Pacific Ocean. On the coast of Gate Bridge. In recent years, however, California, small breeding colonies are there have been increasingly common Monitoring of marine mammals in the observations of harbor porpoises in present at San Miguel Island off vicinity of the SFOBB has been ongoing central, north, and south San Francisco southern California, and the Farallon for 15 years; from those data, Caltrans Bay. Porpoise activity inside San Islands off central California (Caretta et has produced an estimated at-sea Francisco Bay is thought to be related to density for northern elephant seal of al 2014). Northern fur seal are a pelagic foraging and mating behaviors (Keener, 0.16 animal per square mile (0.03 species and are rarely seen near the 2011; Duffy, 2015). According to animal per square kilometer) (Caltrans, shore away from breeding areas. observations by the Golden Gate 2015b). Most sightings of northern Juveniles of this species occasionally Cetacean Research team as part of their elephant seal in San Francisco Bay strand in San Francisco Bay, multi-year assessment, over 100 occur in spring or early summer, and are particularly during El Nin˜ o events, for porpoises may be seen at one time less likely to occur during the periods example, during the 2006 El Nin˜ o event, entering San Francisco Bay; and over of in-water work for this project (June/ 33 fur seals were admitted to the Marine 600 individual animals are documented July through November). As a result, Mammal Center (TMMC, 2016). Some of in a photo-ID database. However, densities during pile driving and these stranded animals were collected sightings are concentrated in the removal for the proposed action would from shorelines in San Francisco Bay. vicinity of the Golden Gate Bridge and be much lower. Therefore, we estimate Due to the recent El Nin˜ o event, Angel Island, north of the project area, that it is possible that a lone northern Northern fur seals are being observed in with lesser numbers sighted south of elephant seal may enter the Level B San Francisco bay more frequently, as Alcatraz and west of Treasure Island harassment area once per week during well as strandings all along the (Keener 2011). Harbor porpoise pile driving or removal, for a total of 21 California coast and inside San generally travel individually or in small takes in 2016 (Table 5). This take Francisco Bay; a trend that is expected groups of two or three (Sekiguchi, 1995). number is larger than the take number to continue this summer through winter Monitoring of marine mammals in the in the proposed IHA. This change was (TMMC, personal communication). vicinity of the SFOBB has been ongoing based on public comment and take was Because sightings are normally rare; for 15 years; from those data, Caltrans increased from 14 to 21 to be more instances recently have been observed, has produced an estimated at-sea representative of the number of weeks but are not common, and based on density for harbor porpoise of 0.01 during construction activities over 106 estimates from local observations animal per square mile (0.004 animal days (21 weeks vs 14 weeks) if one (TMMC, personal communication), it is per square kilometer) (Caltrans, 2015b). individual was in the Level B estimated that ten Northern fur seals However, this estimate would be an harassment area once per week. will be taken in 2016 (Table 5). overestimate of what would actually be

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44004 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

seen in the project area. In order to coast, and into some estuaries, implementation of the planned estimate a more realistic take number, throughout the year. Bottlenose mitigation measures. Specifically, we assume it is possible that a small dolphins are being observed in San vibratory hammers will be the primary group of individuals (three harbor Francisco bay more frequently in recent method of installation (impact driving is porpoises) may enter the Level B years (TMMC, personal included only as a contingency), and harassment area on as many as three communication). Groups with an this activity does not have the potential days of pile driving or removal, for a average group size of five animals enter to cause injury to marine mammals due total of nine harbor porpoise takes per the bay and occur near Yerba Buena to the relatively low source levels year (Table 5). This take number is Island once per week for a two week produced (less than 180 dB) and the larger than the take number in the stint and then depart the bay (TMMC, lack of potentially injurious source proposed IHA. This change was based personal communication). Assuming characteristics. Impact pile driving on public comment and take was groups of five individuals may enter San produces short, sharp pulses with increased by increasing the number of Francisco Bay approximately three higher peak levels and much sharper potential days harbor porpoise may be times during the construction activities, rise time to reach those peaks. If impact near the construction activity and we estimate 30 takes of bottlenose driving is necessary, implementation of incidentally harassed from two to three dolphins for 2016 (Table 5). soft start and shutdown zones days to be conservative. significantly reduces any possibility of Analyses and Preliminary injury. Given sufficient ‘‘notice’’ Gray Whale Determinations through use of soft start (for impact Historically, gray whales were not Negligible Impact Analysis driving), marine mammals are expected common in San Francisco Bay. The to move away from a sound source that NMFS has defined ‘‘negligible Oceanic Society has tracked gray whale is annoying prior to it becoming sightings since they began returning to impact’’ in 50 CFR 216.103 as ‘‘. . . an potentially injurious. WETA will also San Francisco Bay regularly in the late impact resulting from the specified employ the use of 12-inch-thick wood 1990s. The Oceanic Society data show activity that cannot be reasonably cushion block on impact hammers, and that all age classes of gray whales are expected to, and is not reasonably likely use a bubble curtain as sound entering San Francisco Bay, and that to, adversely affect the species or stock attenuation devices. Environmental they enter as singles or in groups of up through effects on annual rates of conditions in San Francisco Ferry to five individuals. However, the data recruitment or survival.’’ A negligible Terminal mean that marine mammal do not distinguish between sightings of impact finding is based on the lack of detection ability by trained observers is gray whales and number of individual likely adverse effects on annual rates of high, enabling a high rate of success in whales (Winning, 2008). Caltrans recruitment or survival (i.e., population- implementation of shutdowns to avoid Richmond-San Rafael Bridge project level effects). An estimate of the number injury. monitors recorded 12 living and two of Level B harassment takes alone is not WETA’s proposed activities are dead gray whales in the surveys enough information on which to base an localized; the entire project area is performed in 2012. All sightings were in impact determination. In addition to limited to the San Francisco ferry either the central or north Bay; and all considering estimates of the number of terminal area and its immediate but two sightings occurred during the marine mammals that might be ‘‘taken’’ surroundings. These localized noise months of April and May. One gray through behavioral harassment, we exposures may cause short-term whale was sighted in June, and one in consider other factors, such as the likely behavioral modifications in harbor October (the specific years were nature of any responses (e.g., intensity, seals, Northern fur seals, Northern unreported). It is estimated that two to duration), the context of any responses elephant seals, California sea lions, six gray whales enter San Francisco Bay (e.g., critical reproductive time or harbor porpoises, bottlenose dolphins, in any given year. Because construction location, migration), as well as the and gray whales. Moreover, the activities are only occurring during a number and nature of estimated Level A proposed mitigation and monitoring maximum of 106 days in 2016, it is harassment takes, the number of measures are expected to reduce the estimated that two gray whales may estimated mortalities, and effects on likelihood of injury and more severe potentially enter the area during the habitat. behavior exposures. Additionally, no construction period, for a total of 2 gray Pile driving and removal activities important feeding and/or reproductive whale takes in 2016 (Table 5). associated with the ferry terminal areas for marine mammals are known to construction project, as outlined be within the ensonified area during the Bottlenose Dolphin previously, have the potential to disturb construction time frame. Since the 1982–83 El Nin˜ o, which or displace marine mammals. The project also is not expected to increased water temperatures off Specifically, the specified activities may have significant adverse effects on California, bottlenose dolphins have result in take, in the form of Level B affected marine mammals’ habitat. The been consistently sighted along the harassment (behavioral disturbance) project activities would not modify central California coast (Caretta et al. only, from underwater sounds generated existing marine mammal habitat for a 2008). The northern limit of their from pile driving and removal. Potential significant amount of time. The regular range is currently the Pacific takes could occur if individuals of these activities may cause some fish to leave coast off San Francisco and Marin species are present in the ensonified the area of disturbance, thus temporarily County, and they occasionally enter San zone when pile driving and removal impacting marine mammals’ foraging Francisco Bay, sometimes foraging for occurs. opportunities in a limited portion of the fish in Fort Point Cove, just east of the No injury, serious injury, or mortality foraging range; but, because of the short Golden Gate Bridge. In the summer of is anticipated given the nature of the duration of the activities and the 2015, a lone bottlenose dolphin was activities and measures designed to relatively small area of the habitat that seen swimming in the Oyster Point area minimize the possibility of injury to may be affected, the impacts to marine of South San Francisco (GGCR, 2016). marine mammals. The potential for mammal habitat are not expected to Members of this stock are transient and these outcomes is minimized through cause significant or long-term negative make movements up and down the the construction method and the consequences.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44005

Effects on individuals that are taken (2) the anticipated instances of Level B Small Numbers Analysis by Level B harassment, on the basis of harassment consist of, at worst, reports in the literature as well as temporary modifications in behavior; (3) Table 8 details the number of monitoring from other similar activities, the presumed efficacy of the planned instances that animals could be exposed will likely be limited to reactions such mitigation measures in reducing the to received noise levels that could cause as increased swimming speeds, effects of the specified activity to the Level B behavioral harassment for the increased surfacing time, or decreased level of least practicable impact, and (4) proposed work at the ferry terminal foraging (if such activity were occurring) the lack of important areas. In addition, project site relative to the total stock (e.g., Thorson and Reyff, 2006; Lerma, these stocks are not listed under the abundance. The numbers of animals 2014). Most likely, individuals will ESA. In combination, we believe that authorized to be taken for all species simply move away from the sound these factors, as well as the available would be considered small relative to source and be temporarily displaced body of evidence from other similar the relevant stocks or populations even from the areas of pile driving, although activities, demonstrate that the potential if each estimated instance of take even this reaction has been observed effects of the specified activity will have occurred to a new individual—an primarily only in association with only short-term effects on individuals. extremely unlikely scenario. The total impact pile driving. Repeated exposures The specified activity is not reasonably percent of the population (if each of individuals to levels of sound that expected to and is not reasonably likely instance was a separate individual) for may cause Level B harassment are to adversely affect the marine mammal which take is requested is unlikely to result in hearing impairment species or stocks through effects on approximately 14 percent for harbor or to significantly disrupt foraging annual rates of recruitment or survival, seals, approximately nine percent for behavior due to the small ensonification and will therefore not result in bottlenose dolphins, less than three area and relatively short duration of the population-level impacts. percent for California sea lions, and less project. Thus, even repeated Level B harassment of some small subset of the Based on the analysis contained than one percent for all other species overall stock is unlikely to result in any herein of the likely effects of the (Table 8). For pinnipeds, especially significant realized decrease in fitness specified activity on marine mammals harbor seals occurring in the vicinity of for the affected individuals, and thus and their habitat, and taking into the ferry terminal, there will almost would not result in any adverse impact consideration the implementation of the certainly be some overlap in individuals to the stock as a whole. planned monitoring and mitigation present day-to-day, and the number of In summary, this negligible impact measures, we find that the total marine individuals taken is expected to be analysis is founded on the following mammal take from WETA’s ferry notably lower. We preliminarily find factors: (1) The possibility of injury, terminal construction activities will that small numbers of marine mammals serious injury, or mortality may have a negligible impact on the affected will be taken relative to the populations reasonably be considered discountable; marine mammal species or stocks. of the affected species or stocks.

TABLE 8—ESTIMATED NUMBERS AND PERCENTAGE OF STOCK THAT MAY BE EXPOSED TO LEVEL B HARASSMENT

Proposed au- Stock(s) Percentage of Species thorized takes abundance total stock estimate 1 (%) 2

Harbor Seal (Phoca vitulina)—California stock ...... 4,426 30,968 14.3 California sea lion (Zalophus californianus)—U.S. Stock ...... 7,660 296,750 2.6 Northern elephant seal (Mirounga anustirostris)—California breeding stock ...... 21 179,000 0.01 Northern fur seal (Callorhinus ursinus)—California stock ...... 10 14,050 0.07 Harbor Porpoise (Phocoena phocoena)—San Francisco-Russian River Stock ...... 9 9,886 0.09 Gray whale (Eschrichtius robustus)—Eastern North Pacific stock ...... 2 20,990 0.01 Bottlenose dolphin (Tursiops truncatus)—California coastal stock ...... 30 323 9.3 1 All stock abundance estimates presented here are from the draft 2015 Pacific Stock Assessment Report. 2 Percentage of total stock has been updated from the proposed FR notice for most species. Some percentages changed based on the new take calculations (harbor seal, Northern elephant seal, harbor porpoise), while others (Nothern fur seal, gray whale) were entered incorrectly in the proposed draft.

Impact on Availability of Affected consultation under the ESA is not Proposed Authorization Species for Taking for Subsistence Uses required. As a result of these determinations, There are no relevant subsistence uses National Environmental Policy Act we have issued an IHA to WETA to of marine mammals implicated by this (NEPA) conduct the described construction action. Therefore, we have determined activities for the Downtown San that the total taking of affected species NMFS conducted an analysis, Francisco Ferry Terminal Expansion or stocks would not have an unmitigable pursuant to National Environmental Project, South Basin Improvements adverse impact on the availability of Policy Act (NEPA), to determine Project, provided the previously such species or stocks for taking for whether or not this proposed activity mentioned mitigation, monitoring, and subsistence purposes. may have a significant effect on the reporting requirements are incorporated. Endangered Species Act (ESA) human environment. NMFS determined that these activities will not have a Donna S. Wieting, No marine mammal species listed significant effect on the human Director, Office of Protected Resources, under the ESA are expected to be environment and published a Finding of National Marine Fisheries Service. affected by these activities. Therefore, No Significant Impact. [FR Doc. 2016–15875 Filed 7–5–16; 8:45 am] we have determined that section 7 BILLING CODE 3510–22–P

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4703 Sfmt 9990 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44006 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

DEPARTMENT OF COMMERCE quality. Observers are often the only COP is Public Law 102–567 Section 201 independent data collection source for (Coastal Ocean Program). In addition to National Oceanic and Atmospheric federal agency and scientists to collect standard government application Administration at-sea data and are crucial in fishery requirements, applicants for financial management. assistance are required to submit a Submission for OMB Review; Affected Public: Individuals or project summary form, current and Comment Request households. pending form and a key contacts form. The Department of Commerce will Frequency: One time. Recipients are required to file annual submit to the Office of Management and Respondent’s Obligation: Voluntary. progress reports and a project final This information collection request Budget (OMB) for clearance the report using COP formats. All of these may be viewed at reginfo.gov. Follow following proposal for collection of requirements are needed for better the instructions to view Department of information under the provisions of the evaluation of proposals and monitoring Commerce collections currently under Paperwork Reduction Act (44 U.S.C. of awards. review by OMB. Chapter 35). This revision is the addition of the Written comments and Agency: National Oceanic and NOAA RESTORE Act Science Program. recommendations for the proposed Atmospheric Administration (NOAA). This program provides direct financial information collection should be sent Title: Fishery Observer Retention assistance through grants and within 30 days of publication of this Survey. cooperative agreements for research, notice to OIRA_Submission@ OMB Control Number: 0648–xxxx. observation, and monitoring to support, omb.eop.gov or fax to (202) 395–5806. Form Number(s): None. to the maximum extent practicable, the Type of Request: Regular (request for Dated: June 29, 2016. long-term sustainability of the a new information collection). Sarah Brabson, ecosystem, fish stocks, fish habitat, and Number of Respondents: 785. NOAA PRA Clearance Officer. the recreational, commercial, and Average Hours per Response: 20 [FR Doc. 2016–15877 Filed 7–5–16; 8:45 am] charter-fishing industry in the Gulf of Mexico. NOAA was authorized to minutes. BILLING CODE 3510–22–P Burden Hours: 262. establish and administer the Program, in Needs and Uses: This request is for a consultation with the U.S. Fish and new information collection. DEPARTMENT OF COMMERCE Wildlife Service, by the Resources and NOAA Fisheries utilizes observers to Ecosystems Sustainability, Tourist collect information on catch, bycatch, National Oceanic and Atmospheric Opportunities, and Revived Economies fishing efforts, biological characteristics, Administration (RESTORE) of the Gulf States Act of interactions with protected species, and 2012 (Pub. L. 112–141, Section 1604). socioeconomic information from United Submission for OMB Review; Identified in the RESTORE Act as the States (U.S.) commercial fishing and Comment Request Gulf Coast Ecosystem Restoration processing vessels. More information on The Department of Commerce will Science, Observation, Monitoring, and the observer population is needed to submit to the Office of Management and Technology Program, the Program is support the Agency’s conservation and Budget (OMB) for clearance the commonly known as the NOAA management goals, to strengthen and following proposal for collection of RESTORE Act Science Program. The improve fishery management decision- information under the provisions of the NOAA RESTORE Act Science Program making, and to satisfy legal mandates Paperwork Reduction Act (44 U.S.C. will use the standard government under the Reauthorization of the Chapter 35). application forms for financial Magnuson-Stevens Fishery Conservation Agency: National Oceanic and assistance as well as the COP project and Management Act (MSA), the Atmospheric Administration (NOAA). summary form, current and pending Regulatory Flexibility Act (RFA), the Title: NOAA Coastal Ocean Program form and a key contacts form. Endangered Species Act, and the Grants Proposal Application Package. Recipients are required to file semi- National Environmental Policy Act OMB Control Number: 0648–0384. annual progress reports and a project (NEPA), Executive Order 12866 (EO Form Number(s): None. final report using a revised COP format. 12866), and other pertinent statutes. Type of Request: Regular (revision These additional forms are necessary for The National Observer Program (NOP) and extension of a currently approved consistency. The main purpose of this is conducting a survey of fishery information collection). information collection is to enable the observers in order to investigate Number of Respondents: 300. NOAA RESTORE Act Science Program incentives and disincentives for Average Hours per Response: 30 to provide summaries of each proposed remaining an observer and to identify minutes each for a project summary, key project, the key applicant contact their subsequent career choices. The contacts and current and pending information and their current and data will be used by the NOP and federal support; 5 hours for a semi- pending Federal funding. The regional observer programs to improve annual report; 5 hours for an annual information gathered will enable the observer recruitment and retention report and 10 hours for a final report. NOAA RESTORE Act Science Program rates. The survey results will be used by Burden Hours: 1,050. to properly and quickly evaluate regional program managers to evaluate Needs and Uses: This request is for a proposals in a collaborative current observer provider contract revision and extension of a currently environment with its partner agencies. requirements to increase observer approved information collection. The Affected Public: Non-profit retention. With a greater understanding National Oceanic and Atmospheric institutions; State, local, or tribal of these data observer retention may Administration’s Coastal Ocean Program government; business or other for-profit increase as a result of improved (COP) provides direct financial organizations. recruitment for observers. Improved assistance through grants and Frequency: Annually, semi-annually retention of qualified and experienced cooperative agreements for research and on occasion. observers is expected to reduce training supporting the management of coastal Respondent’s Obligation: Required to efforts and costs, and improve data ecosystems. The statutory authority for obtain or retain benefits.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44007

This information collection request NEPA and OPA. This restoration restoration/give-us-your-ideas/suggest- may be viewed at reginfo.gov. Follow planning activity fulfills the Federal and a-restoration-project/ the instructions to view Department of state natural resources trustees’ Alabama Coastal Restoration Web site: Commerce collections currently under responsibilities under this court order http:// review by OMB. while looking more broadly at the www.alabamacoastalrestoration.org/ Written comments and potential to provide restoration for lost ProjectSubmit.aspx recommendations for the proposed recreational use within Alabama. Submitting Scoping Comments: You information collection should be sent Accordingly, this initial recreational use may submit scoping comments on the within 30 days of publication of this restoration planning activity may EIS by any of the following methods: notice to OIRA_Submission@ develop restoration projects to • Via the Web: http:// omb.eop.gov or fax to (202) 395–5806. compensate for the full remaining www.gulfspillrestoration.noaa.gov. • Dated: June 29, 2016. allocated amount of Alabama’s U.S. Mail: NOAA Gulf of Mexico Disaster Response Center; attn: Alabama Sarah Brabson, recreational use injury caused by the DWH oil spill (approximately $83.5 Recreational Use Restoration Plan; 7344 NOAA PRA Clearance Officer. million), or for some portion thereof. Zeigler Blvd.; Mobile, AL 36608. [FR Doc. 2016–15869 Filed 7–5–16; 8:45 am] This restoration planning activity is All written scoping comments must BILLING CODE 3510–JS–P proceeding in accordance with the be received by the close of the scoping Deepwater Horizon Oil Spill: Final period to be considered. Programmatic Damage Assessment and FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE Restoration Plan (PDARP) and Final • NOAA—Dan Van Nostrand, Programmatic Environmental Impact [email protected]. National Oceanic and Atmospheric • Administration Statement (PEIS). Information on the AL—Amy Hunter, amy.hunter@ Restoration Type: Provide and Enhance dcnr.alabama.gov. RIN 0648–XE201 Recreational Opportunities, as well as SUPPLEMENTARY INFORMATION: the OPA criteria against which project Deepwater Horizon Oil Spill; Notice of ideas are being evaluated, can be found Introduction Intent To Prepare an Environmental in the PDARP/PEIS (http:// On April 20, 2010, the mobile Impact Statement and Conduct www.gulfspillrestoration.noaa.gov/ Restoration Planning To Provide and offshore drilling unit Deepwater 2016/04/trustees-settle-with-bp-for- Horizon, which was being used to drill Enhance Recreational Use in Alabama, natural-resource-injuries-to-the-gulf-of- and To Conduct Scoping a well for BP Exploration and mexico/) and in the Overview of the Production Inc. (BP), in the Macondo AGENCY: National Marine Fisheries PDARP/PEIS (http:// prospect (Mississippi Canyon 252– Service (NMFS), National Oceanic and www.gulfspillrestoration.noaa.gov/ MC252), exploded, caught fire and Atmospheric Administration (NOAA), 2016/04/trustees-settle-with-bp-for- subsequently sank in the Gulf of Commerce. natural-resource-injuries-to-the-gulf-of- Mexico, resulting in an unprecedented mexico/). ACTION: volume of oil and other discharges from Notice of Intent to prepare a The Alabama TIG would like to hear restoration plan (RP) and environmental the rig and from the wellhead on the your project ideas for addressing lost seabed. The DWH oil spill is the largest impact statement (EIS), and to conduct recreational use in Alabama and scoping. oil spill in U.S. history, discharging encourages you to submit restoration millions of barrels of oil over a period SUMMARY: The Federal and state natural project ideas in response to this notice of 87 days. In addition, well over one resource trustees for the Alabama (see ADDRESSES for instructions). If you million gallons of dispersants were Trustee Implementation Group for the have submitted project ideas in the past, applied to the waters of the spill area in Deepwater Horizon (DWH) oil spill we will consider those projects along an attempt to disperse the spilled oil. (Alabama TIG) intend to prepare an EIS with additional ideas submitted at this An undetermined amount of natural gas under the National Environmental time. was also released to the environment as Policy Act (NEPA) to evaluate the The Trustees also seek public a result of the spill. environmental consequences of a range involvement in the scoping process and The Deepwater Horizon state and of restoration projects that the Alabama development of the recreational use RP/ Federal natural resource trustees (DWH TIG will propose in an RP developed EIS. This notice explains the scoping Trustees) conducted the natural pursuant to the Oil Pollution Act (OPA) process the Alabama TIG will use to resource damage assessment (NRDA) for to compensate the public for lost gather input from the public. In addition the DWH oil spill under the Oil recreational use opportunities in to restoration project ideas, the Alabama Pollution Act 1990 (OPA; 33 U.S.C. Alabama caused by the DWH oil spill in TIG invites public comments regarding 2701 et seq.). Pursuant to OPA, Federal the Gulf of Mexico. Restoration the scope, content, and any significant and state agencies act as trustees on planning to compensate the public for issues it should consider in the RP/EIS. behalf of the public to assess natural lost recreational opportunities in Comments may be submitted at any resource injuries and losses and to Alabama is expected to be phased. This time during the 30-day public scoping determine the actions required to initial restoration planning activity will period via mail or the internet. compensate the public for those injuries occur during the 2016 planning year. DATES: Public scoping comments and and losses. OPA further instructs the This restoration planning activity is project ideas must be received by designated trustees to develop and occurring, in part, in accordance with August 5, 2016. implement a plan for the restoration, the February 16, 2016, decision in Gulf ADDRESSES: Submitting Project Ideas: rehabilitation, replacement, or Restoration Network v. Jewell, Case You may submit project ideas for acquisition of the equivalent of the 1:15–cv–00191–CB–C (S.D. Ala.), in addressing lost recreational use in injured natural resources under their which the court enjoined the use of Alabama at the following addresses: trusteeship, including the loss of use $58.5 million in DWH early restoration Trustee Council Web site: http:// and services from those resources from funds pending additional analysis under www.gulfspillrestoration.noaa.gov/ the time of injury until the time of

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44008 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

restoration to baseline (the resource The DWH Trustees received extensive Authority quality and conditions that would exist comments and restoration project ideas The authority of this action is the if the spill had not occurred) is during the scoping process in 2011 for National Environmental Policy Act (42 complete. the comprehensive Gulf Spill U.S.C. 4321 et seq.), the Oil Pollution The DWH Trustees are: Restoration Plan and Programmatic EIS Act of 1990 (33 U.S.C. 2701 et seq.), and • U.S. Department of the Interior prepared by NOAA on behalf of the the implementing Natural Resource (DOI), as represented by the National Trustees (76 FR 9327–9328). The DWH Damage Assessment regulations found Park Service, U.S. Fish and Wildlife Trustees released this document, titled at 15 CFR part 990. Service, and Bureau of Land Deepwater Horizon Oil Spill: Final Management; Programmatic Damage Assessment and Dated: June 21, 2016. • National Oceanic and Atmospheric Restoration Plan (PDARP) and Final Samuel D. Rauch III, Administration (NOAA), on behalf of Programmatic Environmental Impact Deputy Assistant Administrator for the U.S. Department of Commerce; Statement (PEIS) in February 2016. Regulatory Programs, National Marine • U.S. Department of Agriculture Future restoration projects, including Fisheries Service. (USDA); those developed in this recreational use [FR Doc. 2016–15920 Filed 7–5–16; 8:45 am] • U.S. Department of Defense RP/EIS, will be developed in accordance BILLING CODE 3510–22–P (DOD); 1 with the PDARP/PEIS. • U.S. Environmental Protection The purpose of the scoping process is Agency (USEPA); to identify the concerns of the affected DEPARTMENT OF DEFENSE • State of Louisiana Coastal public and Federal agencies, states, and Protection and Restoration Authority, Indian tribes, involve the public in the Department of the Air Force Oil Spill Coordinator’s Office, decision making process, facilitate Department of Environmental Quality, efficient restoration planning and Notice of Intent to an Exclusive Patent Department of Wildlife and Fisheries, environmental review, define the issues License and Department of Natural Resources; and alternatives that will be examined • State of Mississippi Department of AGENCY: Office of Research and in detail, and save time by ensuring that Technology Application. Environmental Quality; draft documents adequately address • ACTION: State of Alabama Department of relevant issues. This scoping notice is Notice of intent. Conservation and Natural Resources and also intended to elicit your restoration Geological Survey of Alabama; SUMMARY: Pursuant to the provisions of • project ideas. The scoping process Part 404 of Title 37, Code of Federal State of Florida Department of reduces paperwork and delay by Environmental Protection and Fish and Regulations, which implements Public ensuring that important issues are Law 96–517, as amended, the Wildlife Conservation Commission; and considered early in the decision making • For the State of Texas, Texas Parks Department of the Air Force announces process. Following the scoping process, its intention to grant an exclusive and Wildlife Department, Texas General the Alabama TIG will prepare a draft Land Office, and Texas Commission on license in favor of Roccor, LLC, having RP/EIS, at which time the public will be a place of business at 2602 Clover Basin Environmental Quality. encouraged to comment on the Upon completion of the NRDA, the Drive, Suite D, Longmont, CO 80301 in document. A public comment meeting DWH Trustees reached and finalized a any right, title, and interest the Air or meetings will be held at that time to settlement of their natural resource Force has in the following patents: gather public input on the document. damage claims with BP in a Consent U.S. Patent No. 7,895,795, issued 1 Decree approved by the United States Invitation To Comment March 2011, titled ‘‘Triangular rollable and collapsible boom,’’ by Thomas W. District Court for the Eastern District of The Alabama TIG seeks public Murphey et al. Louisiana. Pursuant to that Consent involvement in the scoping process and U.S. Patent No. 8,356,774, issued 22 Decree, restoration projects in Alabama development of the recreational use RP/ January 2013, titled ‘‘Structure for are now chosen and managed by the EIS. The Alabama TIG invites public storing and unfurling material,’’ by Alabama Trustee Implementation Group comment during the 30-day public (TIG). The Alabama TIG is composed of Jeremy A. Banik et al. comment period regarding (1) the scope, U.S. Patent No. 7,354,033, issued 8 the following Trustees: content, and any significant issues the • U.S. Department of the Interior April 2008, titled ‘‘Tape-spring Alabama TIG should consider in the RP/ deployable hinge,’’ by Thomas W. (DOI), as represented by the National EIS, and (2) potential restoration project Park Service, U.S. Fish and Wildlife Murphey et al. ideas. The Alabama TIG has published U.S. Patent No. 7,435,032, issued 14 Service, and Bureau of Land a Scoping Announcement which can be Management; October 2008, titled ‘‘Resilient joint for • accessed at deployable structures,’’ by Thomas W. National Oceanic and Atmospheric www.alabamacoastalrestoration.org. Administration (NOAA), on behalf of Murphey et al. the U.S. Department of Commerce; Next Steps U.S. Patent No. 8,462,078, issued 11 • U.S. Department of Agriculture Following scoping, the Alabama TIG June 2013, titled ‘‘Deployable shell with (USDA); intends to release the draft RP/EIS by wrapped gores,’’ by Thomas W. • U.S. Environmental Protection late summer or early fall 2016. At that Murphey et al. Agency (USEPA); and U.S. Patent No. 8,434,196, issued 7 • time, the Alabama TIG will invite public State of Alabama Department of review and comment on the document. May 2013, titled ‘‘Multi-axis compliant Conservation and Natural Resources and hinge,’’ by Thomas W. Murphey et al. Geological Survey of Alabama. Administrative Record SUPPLEMENTARY INFORMATION: For an The documents comprising the objection to the prospective license to 1 Although a trustee under OPA by virtue of the Administrative Record can be viewed be considered, it must be submitted in proximity of its facilities to the Deepwater Horizon oil spill, DOD is not a member of the Trustee electronically at the following location: writing and be received at the following Council and does not participate in DWH Trustee https://www.doi.gov/deepwaterhorizon/ address within fifteen (15) days from the decision-making. adminrecord. date of publication of this Notice.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44009

Written objection should be sent to: Science Board cyber vulnerability study pharmaceutical technologies as they James M. Skorich, Esq. 2251 Maxwell and autonomy study. apply to the Army. The study will also Street SE., 377th AFNWC/JAN, Kirtland Robotic and Autonomous Systems-of- analyze trends in the broader area of AFB NM 87117. Phone: (505) 846–5172. Systems Architecture. This study human enhancement for relevant contains classified and unclassified application to future force capabilities, Henry Williams, material and will be presented in the and consider individual, organizational, Acting Air Force Federal Register Liaison open and closed portions of the and cultural risks of application within Officer. meeting. The objective of this study is the military. Finally, it may consider [FR Doc. 2016–15953 Filed 7–5–16; 8:45 am] to identify the Army formations with whether and how cultural values of BILLING CODE 5001–10–P the greatest potential to benefit from foreign nations may facilitate the adoption of robotics and autonomous development and application of systems (RAS) technology in both the DEPARTMENT OF DEFENSE enhancements that the U.S. Government near term (7–10 years) and the long term would see as more extreme or unethical. Department of the Army (10–25 years). For each selected FOR FURTHER INFORMATION CONTACT: application, the study will define the Army Science Board, Designated Army Science Board Partially Closed benefits of RAS, considering such Federal Officer, 2530 Crystal Drive, Meeting Notice factors as cost, manpower reduction, Suite 7098, Arlington, VA 22202; LTC survivability, and mission effectiveness. AGENCY: Department of the Army, DoD. Stephen K. Barker, the committee’s The study team will make maximum Designated Federal Officer (DFO), at ACTION: Notice of a partially closed use of existing platforms available in the (703) 545–8652 or email: meeting. Army, other Services, or commercially. [email protected], or Mr. Countering Enemy Indirect Fires, Paul Woodward at (703) 695–8344 or SUMMARY: Pursuant to the Federal Target Acquisition Using Unmanned email: [email protected]. Advisory Committee Act of 1972 (5 Aerial Systems, and Offensive Cyber/ Public’s Accessibility to the Meeting: U.S.C., Appendix, as amended), the Electronic Warfare Capabilities. This Pursuant to 5 U.S.C. 552b and 41 CFR Government in the Sunshine Act of study is classified and will be presented 102–3.140 through 3.165, and the 1976 (U.S.C. 552b, as amended) and 41 in the closed meeting. The purpose of availability of space, the open portion of Code of Federal Regulations (CFR) this study is to conduct a thorough this meeting is open to the public. § 102–3.140 through 160, the threat assessment of capabilities, both Seating is on a first-come basis. The Department of the Army announces the today and in the future, of various Beckman Center is fully handicapped following committee meeting: adversaries; examine existing and accessible. For additional information Name of Committee: Army Science Board potential means to counter each element (ASB) Summer Voting Session. of indirect fire systems, to include target about public access procedures, contact Date: Wednesday, July 27 and Thursday, acquisition using unmanned aerial LTC Stephen Barker at the telephone July 28, 2016. systems, and direction finding number or email address listed in the Time: technologies; develop means to counter FOR FURTHER INFORMATION CONTACT Closed portion: 1330–1700 on July 27, section. The Department of the Army 2016. each element of the indirect fire systems and determine the effect of countering has determined that the closed portion Open portion: 0900–1200 on July 28, 2016. of this meeting is properly closed in Location: Arnold and Mabel Beckman each element; determine the cost Center of the National Academies of Sciences (manpower and materiel) and accordance with 5 U.S.C. 552b(c)(1), and Engineering, 100 Academy Way, Irvine, effectiveness of the counter to each which permits Federal Advisory CA 92617. element of the threat system; determine Committee meetings to be closed which Purpose of Meeting: The purpose of the if modern means of engineering and are likely to ‘‘disclose matters that are meeting is for all members of the Board and manufacturing can correct the problems (A) specifically authorized under its subcommittees to meet and present five of criteria established by an Executive six Fiscal Year 2016 (FY16) studies to the in many of today’s munitions that cause them to become treaty prohibited; Order to be kept secret in the interest of voting members for their consideration, national defense or foreign policy and deliberation, and vote. determine the cost-effectiveness of Agenda: The board will present findings combining various counter means to (B) in fact properly classified pursuant and recommendations for deliberation and threat systems; and propose the most to such Executive Order.’’ vote on the following five FY16 studies: cost-effective set of actions necessary to SUPPLEMENTARY INFORMATION: Pursuant The Military Benefits and Risks of the counter future enemy indirect fire to 41 CFR 102–3.140d, the Committee is Internet of Things. This study is not capabilities. not obligated to allow the public to classified and will be presented during Future Armor/Anti-Armor speak; however, interested persons may the open portion of the meeting. The Competition. This study is classified submit a written statement for purpose of this study is to determine the and will be presented in the closed consideration by the Subcommittees. advisability of the Army applying the meeting. The study objective is to Individuals submitting a written commercial practice of networking provide an independent assessment of statement must submit their statement civilian physical systems into a military current and future anti-armor weapons to the DFO at the address listed above. analog of the ‘‘internet of things (IOT).’’ versus armored vehicles. Written statements not received at least As IOT moves beyond the exchange of Army Efforts to Enhance Soldier and 10 calendar days prior to the meeting information in cyber space to the Team Performance. This study contains may not be considered by the Board networking of operating systems of classified and unclassified material and prior to its scheduled meeting. physical objects. It will apply and will be presented in the open and closed The DFO will review all timely extend relevant findings and portions of the meeting. This study will submissions with the Board’s executive recommendations of the Army Science provide an independent assessment of committee and ensure they are provided Board studies on cyber vulnerability current and future Soldier enhancement to the specific study members as and electronics countermeasures, the techniques the Army may adopt as long- necessary before, during, or after the Navy Studies Board network term practices. It will look at the meeting. After reviewing written vulnerability study, and the Defense advances in biological, biomedical, and comments, the study chairs and the

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44010 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

DFO may choose to invite the submitter 1976 (5 U.S.C. 552b, as amended), and that appropriate arrangements can be of the comments to orally present their 41 CFR 102–3.140. made. issue during a future open meeting. Purpose of the Meeting: The Board will receive presentations from its task Procedures for Providing Public The DFO, in consultation with the Comments executive committee, may allot a groups on ‘‘Logistics as a Competitive specific amount of time for members of War Fighting Advantage’’ and ‘‘Future Pursuant to 41 CFR 102–3.105(j) and the public to present their issues for Issues Facing the Department’’ (2017 102–3.140, and section 10(a)(3) of discussion. Administration Transition Report). FACA, the public or interested The mission of the Board is to organizations may submit written Brenda S. Bowen, examine and advise the Secretary of comments to the Board about its Army Federal Register Liaison Officer. Defense on overall DoD management mission and topics pertaining to this [FR Doc. 2016–15901 Filed 7–5–16; 8:45 am] and governance providing independent public meeting. BILLING CODE 5001–03–P advice which reflects an outside private Written comments should be received sector perspective on proven and by the DFO at least five (5) business effective best business practices that can days prior to the meeting date so that DEPARTMENT OF DEFENSE be applied to the DoD. the comments may be made available to Availability of Materials for the the Board for their consideration prior Office of the Secretary Meeting: A copy of the agenda and the to the meeting. Written comments terms of reference for each Task Group should be submitted via email to the Defense Business Board; Notice of study may be obtained from the Board’s email address for public comments Federal Advisory Committee Meeting Web site at http://dbb.defense.gov/ given in the FOR FURTHER INFORMATION meetings. CONTACT section in either Adobe AGENCY: DoD. Meeting Agenda: 1:00 p.m.–2:30 p.m. Acrobat or Microsoft Word format. ACTION: Meeting notice. —Presentations on ‘‘Logistics as a Please include in the Subject line ‘‘DBB Competitive War Fighting Advantage’’ July 2016 Meeting.’’ Please note that SUMMARY: The Department of Defense is and ‘‘Future Issues Facing the since the Board operates under the publishing this notice to announce the Department,’’ followed by Board provisions of the FACA, as amended, all following Federal advisory committee Deliberation and Vote, if necessary. submitted comments and public meeting of the Defense Business Board. Submission of written public presentations will be treated as public This meeting is open to the public. comments is strongly encouraged, due documents and may be made available DATES: The public meeting of the to meeting time constraints. for public inspection, including, but not Defense Business Board (‘‘the Board’’) Public’s Accessibility to the Meeting: limited to, being posted on the Board’s will be held on Thursday, July 21, 2016. Pursuant to FACA and 41 CFR 102– Web site. The meeting will begin at 1:00 p.m. and 3.140, this meeting is open to the Dated: June 29, 2016. end at 2:30 p.m. (Escort required; see public. Seating is limited and is on a Aaron Siegel, guidance in the SUPPLEMENTARY first-come basis. All members of the INFORMATION section, ‘‘Public’s public who wish to attend the public Alternate OSD Federal Register Liaison Accessibility to the Meeting.’’) meeting must contact Steven Cruddas at Officer, Department of Defense. [FR Doc. 2016–15921 Filed 7–5–16; 8:45 am] ADDRESSES: Room 3E863 in the the number listed in the FOR FURTHER BILLING CODE 5001–06–P Pentagon, Washington, DC (Escort INFORMATION CONTACT section no later required; see guidance in the than 12:00 p.m. on Friday, July 15, 2016 SUPPLEMENTARY INFORMATION section, to register and make arrangements for a DEPARTMENT OF ENERGY ‘‘Public’s Accessibility to the Meeting.’’) Pentagon escort, if necessary. Public attendees requiring escort should arrive FOR FURTHER INFORMATION CONTACT: The at the Pentagon Visitor’s Center, located Proposed Agency Information Board’s Designated Federal Officer near the Pentagon Metro Station’s south Collection Extension (DFO) is Roma Laster, Defense Business exit (the escalators to the left upon AGENCY: U.S. Department of Energy. Board, 1155 Defense Pentagon, Room exiting through the turnstiles) and 5B1088A, Washington, DC 20301–1155, ACTION: Notice and request for adjacent to the Pentagon Transit Center comments. [email protected], 703–695– bus terminal, with sufficient time to 7563. For meeting information please complete security screening no later SUMMARY: The Department of Energy contact Steven Cruddas, Defense than 12:30 p.m. on July 21. Note: (DOE), pursuant to the Paperwork Business Board, 1155 Defense Pentagon, Pentagon tour groups enter through the Reduction Act of 1995, intends to Room 5B1088A, Washington, DC Visitor’s Center, so long lines could extend for three years an information 20301–1155, steven.m.cruddas.civ@ form well in advance. To complete collection request with the Office of mail.mil, (703) 697–2168. For security screening, please come Management and Budget (OMB). submitting written comments or prepared to present two forms of Comments are invited on: (a) Whether questions to the Board, send via email identification of which one must be a the extended collection of information to mailbox address: pictured identification card. is necessary for the proper performance osd.pentagon.odam.mbx.defense- Government and military DoD CAC of the functions of the agency; (b) the [email protected]. Please holders are not required to have an accuracy of the agency’s estimate of the include in the Subject line ‘‘DBB July escort, but are still required to pass burden of the proposed collection of 2016 Meeting.’’ through the Visitor’s Center to gain information, including the validity of SUPPLEMENTARY INFORMATION: This access to the Building. the methodology and assumptions used; meeting is being held under the Special Accommodations: Individuals (c) ways to enhance the quality, utility, provisions of the Federal Advisory requiring special accommodations to and clarity of the information to be Committee Act (FACA) of 1972 (5 access the public meeting should collected; and (d) ways to minimize the U.S.C., Appendix, as amended), the contact Steven Cruddas at least five (5) burden of the collection of information Government in the Sunshine Act of business days prior to the meeting so on respondents, including through the

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44011

use of automated collection techniques cost burden for applicants will not Assuming that the proceeding does or other forms of information exceed $25,000 per annum. not settle, the best estimate of when the technology. Authority: Title XVII of the Energy Policy Commission will reach a final decision DATES: Comments regarding this Act of 2005 42 U.S.C. 16511–16516 in Docket No. EL16–25–000 is December proposed information collection must authorizes the collection of information. 31, 2017. be received on or before September 6, Issued in Washington, DC, on June 29, The Secretary of the Commission 2016. If you anticipate difficulty in 2016. issues this notice pursuant to section submitting comments within that Mark A. McCall, 375.302(w) of the Commission’s rules, 18 CFR 375.302(w) (2015). period, contact the person listed in Executive Director, Department of Energy ADDRESSES as soon as possible. Loan Programs Office. Dated: June 29, 2016. ADDRESSES: Written comments may be [FR Doc. 2016–15934 Filed 7–5–16; 8:45 am] Kimberly D. Bose, sent to Mark Westergard, U.S. BILLING CODE 6450–01–P Secretary. Department of Energy, LPO–70, Room [FR Doc. 2016–15945 Filed 7–5–16; 8:45 am] 4B–160, 1000 Independence Avenue BILLING CODE 6717–01–P SW., Washington, DC 20585 or by fax at DEPARTMENT OF ENERGY 202–287–5816. FOR FURTHER INFORMATION CONTACT: Federal Energy Regulatory DEPARTMENT OF ENERGY Requests for additional information or Commission Federal Energy Regulatory copies of the information collection [Docket No. EL16–25–000] instrument and instructions should be Commission directed to Mark S. Westergard, Startrans, IO, LLC; Notice Pursuant to Combined Notice of Filings #2 LPO.PaperworkReduction Section 206(b) of the Federal Power [email protected]. Act Take notice that the Commission SUPPLEMENTARY INFORMATION: This received the following electric rate On December 30, 2015, pursuant to information collection request contains: filings: section 206 of the Federal Power Act (1) OMB No.: 1910–5134; (2) Docket Numbers: ER11–3013–006; Information Collection Request Title: 10 (FPA),1 the Commission instituted a proceeding in Docket No. EL16–25–000. ER10–2870–007; ER10–2865–007. CFR part 609—Loan Guarantees for Applicants: Coolidge Power LLC, Projects that Employ Innovative Startrans IO, LLC, 153 FERC ¶ 61,360 (2015). The refund effective date for the TransCanada Power Marketing Ltd, Technologies; (3) Type of Request: TransCanada Energy Sales Ltd. Extension (4) Purpose: This information proceeding instituted in Docket No. EL16–25–000 is January 6, 2016, the Description: Updated Market Power collection package covers collection of Analysis for the Southwest Region of the information necessary to evaluate date of publication in the Federal Register 2 of notice of the Commission’s TransCanada Entities, et al. applications for loan guarantees Filed Date: 6/28/16. submitted under Title XVII of the action in this proceeding. Under section 206 of the FPA, if no Accession Number: 20160628–5188. Energy Policy Act of 2005, as amended, Comments Due: 5 p.m. ET 7/19/16. 42 U.S.C. 16511–16516. Applications final decision is rendered by the for loan guarantees submitted to DOE in conclusion of the 180-day period Docket Numbers: ER16–833–002. response to a solicitation must contain commencing upon initiation of a Applicants: Midcontinent certain information. This information proceeding pursuant to section 206, the Independent System Operator, Inc. will be used to analyze whether a Commission must state why it has failed Description: Compliance filing: 2016– project is eligible for a loan guarantee to render a final decision. In that event 06–28 90 day PRA Compliance Filing to and to evaluate the application under the Commission must also provide its be effective 9/1/2016. criteria specified in 10 CFR part 609. best estimate as to when it reasonably Filed Date: 6/28/16. The collection of this information is expects to make such a decision. Accession Number: 20160628–5144. critical to ensure that the government The Commission will be unable to Comments Due: 5 p.m. ET 7/19/16. has sufficient information to determine render a final decision within the time Docket Numbers: ER16–1462–001. whether applicants meet the eligibility prescribed in section 206(b) because the Applicants: Palmco Power DE LLC. requirements to qualify for a DOE loan proceeding is pending before a Description: Asset Appendix to June guarantee and to provide DOE with settlement judge. 27, 2016 Palmco Power DE LLC tariff sufficient information to evaluate an In a June 13, 2016 report to the filing. applicant’s project using the criteria Commission, the settlement judge Filed Date: 6/24/16. specified in 10 CFR part 609; (5) Annual estimated that if the proceeding does Accession Number: 20160624–5267. Estimated Number of Respondents: 100 not settle, a presiding judge would issue Comments Due: 5 p.m. ET 7/18/16. Applications; (6) Annual Estimated an initial decision within 47 weeks of Docket Numbers: ER16–1464–001. Number of Total Responses: It is the designation of a presiding judge. Applicants: Palmco Power ME, LLC. estimated that the total number of The Commission will require Description: Asset Appendix to June annual responses will not exceed 100; approximately four months after briefs 27, 2016 Palmco Power ME, LLC tariff (7) Annual Estimated Number of Burden on and opposing exceptions to an initial filing. Hours: 13,000 hours, most of which is decision are filed to review the record, Filed Date: 6/27/16. likely to be time committed by firms the initial decision and the briefs, and Accession Number: 20160627–5334. that seek debt and/or equity financing to issue an opinion. This estimate is Comments Due: 5 p.m. ET 7/18/16. for their projects, regardless of their influenced by the issues in the Docket Numbers: ER16–1465–001. intent to apply for a DOE loan proceeding, as well as the complexity of Applicants: Palmco Power MI LLC. guarantee; (8) Annual Estimated the issues. Description: Asset Appendix to June Reporting and Recordkeeping Cost 27, 2016 Palmco Power MI LLC tariff Burden: It is estimated that the annual 1 16 U.S.C. 824e (2012). filing. estimated reporting and recordkeeping 2 81 FR 476–01 (2016). Filed Date: 6/24/16.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44012 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Accession Number: 20160624–5268. Filed Date: 6/28/16. must file in accordance with Rules 211 Comments Due: 5 p.m. ET 7/18/16. Accession Number: 20160628–5123. and 214 of the Commission’s Docket Numbers: ER16–1466–001. Comments Due: 5 p.m. ET 7/19/16. Regulations (18 CFR 385.211 and Applicants: Palmco Power NH LLC. Docket Numbers: ER16–2043–000. 385.214) on or before 5:00 p.m. Eastern Description: Asset Appendix B for Applicants: Southwest Power Pool, time on the specified comment date. Palmco Power NH LLC. Inc. Protests may be considered, but Filed Date: 6/27/16. Description: § 205(d) Rate Filing: 3207 intervention is necessary to become a Accession Number: 20160627–5329. WAPA–UGP and Montana-Dakota party to the proceeding. Comments Due: 5 p.m. ET 7/18/16. Utilities Att AO to be effective 6/1/2016. eFiling is encouraged. More detailed Docket Numbers: ER16–1467–001. Filed Date: 6/28/16. information relating to filing Applicants: Palmco Power VA LLC. Accession Number: 20160628–5128. requirements, interventions, protests, Description: Asset Appendix to June Comments Due: 5 p.m. ET 7/19/16. service, and qualifying facilities filings 27, 2016 Palmco Power VA LLC tariff Docket Numbers: ER16–2044–000. can be found at: http://www.ferc.gov/ filing. Applicants: Elk Hills Power, LLC. docs-filing/efiling/filing-req.pdf. For Filed Date: 6/27/16. Description: Market-Based Triennial other information, call (866) 208–3676 Accession Number: 20160627–5331. Review Filing: EHP Market Based Rate (toll free). For TTY, call (202) 502–8659. Comments Due: 5 p.m. ET 7/18/16. Triennial Review to be effective 6/29/ Dated: June 28, 2016. Docket Numbers: ER16–1468–001. 2016. Applicants: Palmco Power RI LLC. Filed Date: 6/28/16. Nathaniel J. Davis, Sr., Description: Asset Appendix to June Accession Number: 20160628–5170. Deputy Secretary. 27, 2016 Palmco Power RI LLC tariff Comments Due: 5 p.m. ET 7/19/16. [FR Doc. 2016–15873 Filed 7–5–16; 8:45 am] filing. Docket Numbers: ER16–2045–000. BILLING CODE 6717–01–P Filed Date: 6/27/16. Applicants: Southwest Power Pool, Accession Number: 20160627–5332. Inc. Comments Due: 5 p.m. ET 7/18/16. Description: § 205(d) Rate Filing: DEPARTMENT OF ENERGY Docket Numbers: ER16–1635–001. 1884R5 Westar Energy, Inc. NITSA and Applicants: Arizona Public Service Federal Energy Regulatory NOA (Blue Mound) to be effective 9/1/ Commission Company. 2016. Description: Tariff Amendment: Rate Filed Date: 6/28/16. Combined Notice of Filings #1 Schedule No. 281 to be effective 7/6/ Accession Number: 20160628–5174. 2016. Comments Due: 5 p.m. ET 7/19/16. Take notice that the Commission Filed Date: 6/28/16. Docket Numbers: ER16–2046–000. received the following electric rate Accession Number: 20160628–5197. Applicants: Alta Wind VIII, LLC. filings: Comments Due: 5 p.m. ET 7/19/16. Description: § 205(d) Rate Filing: Docket Numbers: ER10–1651–003. Docket Numbers: ER16–2039–000. Market-Based Rate Notice of Change in Applicants: Midcontinent Applicants: Golden State Water Status to be effective 6/29/2016. Company. Independent System Operator, Inc. Filed Date: 6/28/16. Description: § 205(d) Rate Filing: Description: Updated Market Power _ Accession Number: 20160628–5196. Analysis of Golden State Water 2016–06–28 SA 2924 Prairie Wind Comments Due: 5 p.m. ET 7/19/16. Energy-MidAmerican FCA (J344) to be Company. Docket Numbers: ER16–2047–000. effective 6/29/2016. Filed Date: 6/28/16. Applicants: Midcontinent Filed Date: 6/28/16. Accession Number: 20160628–5266. Accession Number: 20160628–5110. Independent System Operator, Inc. Comments Due: 5 p.m. ET 8/29/16. Comments Due: 5 p.m. ET 7/19/16. Description: § 205(d) Rate Filing: 2016–06–28_SA 2778 MidAmerican- Docket Numbers: ER10–2882–025; Docket Numbers: ER16–2040–000. MidAmerican LGIA (R38) to be effective ER10–2886–025; ER13–1101–020; Applicants: Southwest Power Pool, 6/29/2016. ER13–1541–019; ER14–661–011; ER14– Inc. Filed Date: 6/28/16. 787–013; ER15–54–005; ER15–55–005; Description: § 205(d) Rate Filing: Accession Number: 20160628–5213. ER15–1475–006; ER15–2593–005; 1883R5 Westar Energy, Inc. NITSA and Comments Due: 5 p.m. ET 7/19/16. ER16–452–005; ER16–705–003; ER16– NOA (Alma) to be effective 9/1/2016. Take notice that the Commission 706–003. Filed Date: 6/28/16. Applicants: RE Garland LLC, RE Accession Number: 20160628–5119. received the following public utility holding company filings: Garland A LLC, RE Tranquillity LLC, Comments Due: 5 p.m. ET 7/19/16. Desert Stateline LLC, North Star Solar, Docket Numbers: PH16–8–000. Docket Numbers: ER16–2041–000. LLC, Lost Hills Solar, LLC, Blackwell Applicants: Starwood Energy Group Applicants: Southwest Power Pool, Solar, LLC, Macho Springs Solar, LLC, Global, L.L.C. Inc. SG2 Imperial Valley LLC, Campo Verde Description: Starwood Energy Group Description: § 205(d) Rate Filing: Solar, LLC, Spectrum Nevada Solar, Global, L.L.C. submits FERC 65–B 1886R5 Westar Energy, Inc. NITSA and LLC, Southern Turner Cimarron I, LLC, Material Change in Facts of Waiver NOA (Doniphan) to be effective 9/1/ Southern Power Company. Notification. 2016. Description: Triennial Market Power Filed Date: 6/28/16. Filed Date: 6/27/16. Update for Southwest Region of Accession Number: 20160628–5122. Accession Number: 20160627–5326. Comments Due: 5 p.m. ET 7/19/16. Comments Due: 5 p.m. ET 7/18/16. Southern Power Company, et al. Filed Date: 6/28/16. Docket Numbers: ER16–2042–000. The filings are accessible in the Applicants: Southwest Power Pool, Commission’s eLibrary system by Accession Number: 20160628–5269. Inc. clicking on the links or querying the Comments Due: 5 p.m. ET 8/29/16. Description: § 205(d) Rate Filing: docket number. Docket Numbers: ER10–3140–024. 1887R5 Westar Energy, Inc. NITSA and Any person desiring to intervene or Applicants: Inland Empire Energy NOA (Elsmore) to be effective 9/1/2016. protest in any of the above proceedings Center, LLC.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44013

Description: Triennial Market Power Docket Numbers: ER16–2050–000. Applicants: Southwest Power Pool, Analysis of Inland Empire Energy Applicants: Southwest Power Pool, Inc. Center, LLC. Inc. Description: § 205(d) Rate Filing: Filed Date: 6/28/16. Description: § 205(d) Rate Filing: 3208 1897R5 Westar Energy, Inc. NITSA and Accession Number: 20160628–5265. WAPA–UGP and Otter Tail Power NOA (Elwood) to be effective 9/1/2016. Comments Due: 5 p.m. ET 8/29/16. Company Att AO to be effective 6/1/ Filed Date: 6/29/16. Docket Numbers: ER10–3300–013. 2016. Accession Number: 20160629–5042. Applicants: La Paloma Generating Filed Date: 6/29/16. Comments Due: 5 p.m. ET 7/20/16. Company, LLC. Accession Number: 20160629–5008. Docket Numbers: ER16–2058–000. Description: Supplement to April 26, Comments Due: 5 p.m. ET 7/20/16. Applicants: Southwest Power Pool, 2016 Notice of Change in Status of La Docket Numbers: ER16–2051–000. Inc. Paloma Generating Company, LLC. Applicants: Southwest Power Pool, Description: § 205(d) Rate Filing: Filed Date: 6/28/16. Inc. 2066R5 Westar Energy, Inc. NITSA and Accession Number: 20160628–5271. Description: § 205(d) Rate Filing: 3181 NOA (Muscotah) to be effective 9/1/ Comments Due: 5 p.m. ET 7/19/16. Basin Electric and Otter Tail Power 2016. Docket Numbers: ER16–341–001; Attachment AO to be effective 6/1/2016. Filed Date: 6/29/16. Filed Date: 6/29/16. Accession Number: 20160629–5048. ER16–343–001; ER16–498–001; ER16– Accession Number: 20160629–5018. Comments Due: 5 p.m. ET 7/20/16. 499–001; ER16–500–001; ER16–645– Comments Due: 5 p.m. ET 7/20/16. 001. Docket Numbers: ER16–2059–000. Docket Numbers: ER16–2052–000. Applicants: Southwest Power Pool, Applicants: RE Astoria LLC, RE Applicants: Southwest Power Pool, Astoria 2 LLC, RE Mustang LLC, RE Inc. Inc. Description: § 205(d) Rate Filing: Mustang 3 LLC, RE Mustang 4 LLC, RE Description: § 205(d) Rate Filing: Barren Ridge 1 LLC. 1894R5 Westar Energy, Inc. NITSA and 1885R5 Westar Energy, Inc. NITSA and NOA (Vermillion) to be effective 9/1/ Description: Triennial Market Power NOA (Bronson) to be effective 9/1/2016. Analysis for Southwest Region of the 2016. Filed Date: 6/29/16. Filed Date: 6/29/16. Recurrent MBR Sellers, et al. Accession Number: 20160629–5037. Filed Date: 6/28/16. Accession Number: 20160629–5050. Comments Due: 5 p.m. ET 7/20/16. Comments Due: 5 p.m. ET 7/20/16. Accession Number: 20160628–5277. Docket Numbers: ER16–2053–000. Comments Due: 5 p.m. ET 8/29/16. Docket Numbers: ER16–2060–000. Applicants: Southwest Power Pool, Applicants: Southwest Power Pool, Docket Numbers: ER16–1635–002. Inc. Inc. Applicants: Arizona Public Service Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: Company. 1891R5 Westar Energy, Inc. NITSA and 1889R5 Westar Energy, Inc. NITSA and Description: Tariff Amendment: Rate NOA (Mulberry) to be effective 9/1/ NOA (Mindenmines) to be effective 9/1/ Schedule No. 281 to be effective 7/6/ 2016. 2016. 2016. Filed Date: 6/29/16. Filed Date: 6/29/16. Filed Date: 6/28/16. Accession Number: 20160629–5038. Accession Number: 20160629–5057. Accession Number: 20160628–5240. Comments Due: 5 p.m. ET 7/20/16. Comments Due: 5 p.m. ET 7/20/16. Comments Due: 5 p.m. ET 7/19/16. Docket Numbers: ER16–2054–000. Docket Numbers: ER16–2061–000. Docket Numbers: ER16–1644–001; Applicants: Southwest Power Pool, Applicants: Public Service Company ER14–608–001. Inc. of New Mexico. Applicants: MRP Generation Description: § 205(d) Rate Filing: Description: Initial rate filing: Holdings, LLC, High Desert Power 1892R5 Westar Energy, Inc. NITSA and Executed NITSA and NOA between Project, LLC. NOA (Robinson) to be effective 9/1/ PNM and Kit Carson Electric Description: Updated Market Power 2016. Cooperative to be effective 7/1/2016. Analysis for the Southwest Region of Filed Date: 6/29/16. Filed Date: 6/29/16. MRP Generation Holdings, LLC, et al. Accession Number: 20160629–5039. Accession Number: 20160629–5062. Filed Date: 6/28/16. Comments Due: 5 p.m. ET 7/20/16. Comments Due: 5 p.m. ET 7/20/16. Accession Number: 20160628–5274. Docket Numbers: ER16–2055–000. The filings are accessible in the Comments Due: 5 p.m. ET 8/29/16. Applicants: Southwest Power Pool, Commission’s eLibrary system by Docket Numbers: ER16–2048–000. Inc. clicking on the links or querying the Applicants: Exelon West Medway II, Description: § 205(d) Rate Filing: docket number. LLC. 1893R5 Westar Energy, Inc. NITSA and Any person desiring to intervene or Description: Baseline eTariff Filing: NOA (Savonburg) to be effective 9/1/ protest in any of the above proceedings Certificate of Concurrence Filing to be 2016. must file in accordance with Rules 211 effective 10/1/2016. Filed Date: 6/29/16. and 214 of the Commission’s Filed Date: 6/28/16. Accession Number: 20160629–5040. Regulations (18 CFR 385.211 and Accession Number: 20160628–5243. Comments Due: 5 p.m. ET 7/20/16. 385.214) on or before 5:00 p.m. Eastern Comments Due: 5 p.m. ET 7/19/16. Docket Numbers: ER16–2056–000. time on the specified comment date. Docket Numbers: ER16–2049–000. Applicants: Southwest Power Pool, Protests may be considered, but Applicants: Southwest Power Pool, Inc. intervention is necessary to become a Inc. Description: § 205(d) Rate Filing: party to the proceeding. Description: § 205(d) Rate Filing: 1895R5 Westar Energy, Inc. NITSA and eFiling is encouraged. More detailed 1888R5 Westar Energy, Inc. NITSA and NOA (Wathena) to be effective 9/1/2016. information relating to filing NOA to be effective 9/1/2016. Filed Date: 6/29/16. requirements, interventions, protests, Filed Date: 6/29/16. Accession Number: 20160629–5041. service, and qualifying facilities filings Accession Number: 20160629–5007. Comments Due: 5 p.m. ET 7/20/16. can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 7/20/16. Docket Numbers: ER16–2057–000. docs-filing/efiling/filing-req.pdf. For

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44014 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

other information, call (866) 208–3676 [email protected], or call Docket Numbers: ER16–1422–001. (toll free). For TTY, call (202) 502–8659. (866) 208–3676 (toll free). For TTY, call Applicants: Public Service Company Dated: June 29, 2016. (202) 502–8659. of Colorado. Comment Date: 5:00 p.m. Eastern Nathaniel J. Davis, Sr., Description: Compliance filing: PSCo- Time on July 20, 2016. WAPA-Brlngtn Bndry Mtrs Agrmt 402– Deputy Secretary. 0.0.0 to be effective 4/16/2016. [FR Doc. 2016–15943 Filed 7–5–16; 8:45 am] Dated: June 29, 2016. Kimberly D. Bose, Filed Date: 6/27/16. BILLING CODE 6717–01–P Accession Number: 20160627–5159. Secretary. Comments Due: 5 p.m. ET 7/18/16. [FR Doc. 2016–15946 Filed 7–5–16; 8:45 am] DEPARTMENT OF ENERGY Docket Numbers: ER16–1422–002. BILLING CODE 6717–01–P Applicants: Public Service Company Federal Energy Regulatory of Colorado. Commission DEPARTMENT OF ENERGY Description: Compliance filing: PSCo- TSGT—Ft. Lupton—E&P—420—0.0.0 to [Docket No. RM15–11–000] Federal Energy Regulatory be effective 4/16/2016. Filed Date: 6/27/16. Reliability Standard for Transmission Commission Accession Number: 20160627–5161. System Planned Performance for Combined Notice of Filings #1 Comments Due: 5 p.m. ET 7/18/16. Geomagnetic Disturbance Events; Notice of Filing Take notice that the Commission Docket Numbers: ER16–1462–001. received the following electric corporate Applicants: Palmco Power DE LLC. Take notice that on June 28, 2016, filings: Description: Tariff Amendment: North American Electric Reliability Palmco Power DE FERC Electric Tariff Corporation submitted supplemental Docket Numbers: EC16–135–000. to be effective 5/19/2016. information to its January 21, 2015 Applicants: AEP Texas Central Filed Date: 6/27/16. petition for approval of proposed Company, AEP Texas North Company, Accession Number: 20160627–5141. Reliability Standard TPL–007–1— AEP Utilities, Inc. Comments Due: 5 p.m. ET 7/18/16. Description: Application for Approval Transmission System Planned Docket Numbers: ER16–1464–001. Performance for Geomagnetic of Internal Reorganization Under Section 203 of the Federal Power Act of Applicants: Palmco Power ME, LLC. Disturbance Events. Description: Tariff Amendment: Any person desiring to intervene or to American Electric Power Service Corporation on behalf of AEP Texas Palmco Power ME FERC Electric Tariff protest this filing must file in to be effective 5/20/2016. accordance with Rules 211 and 214 of Central Company, AEP Texas North Company and AEP Utilities, Inc. Filed Date: 6/27/16. the Commission’s Rules of Practice and Accession Number: 20160627–5151. Procedure (18 CFR 385.211, 385.214). Filed Date: 6/27/16. Accession Number: 20160627–5226. Comments Due: 5 p.m. ET 7/18/16. Protests will be considered by the Docket Numbers: ER16–1465–001. Commission in determining the Comments Due: 5 p.m. ET 7/18/16. Take notice that the Commission Applicants: Palmco Power MI LLC. appropriate action to be taken, but will Description: Tariff Amendment: not serve to make protestants parties to received the following electric rate filings: Palmco Power MI FERC Electric Tariff the proceeding. Any person wishing to to be effective 5/20/2016. become a party must file a notice of Docket Numbers: ER11–2044–000. Filed Date: 6/27/16. intervention or motion to intervene, as Applicants: MidAmerican Energy Accession Number: 20160627–5148. appropriate. Such notices, motions, or Company. Comments Due: 5 p.m. ET 7/18/16. protests must be filed on or before the Description: MidAmerican Energy Docket Numbers: ER16–1466–001. comment date. Anyone filing a motion Company submits tariff filing per Applicants: Palmco Power NH LLC. to intervene or protest must serve a copy 35.19a(b): Refund Report to be effective Description: Tariff Amendment: of that document on the Applicant and N/A. Palmco Power NH FERC Electric Tariff all the parties in this proceeding. Filed Date: 6/27/16. to be effective 5/20/2016. The Commission encourages Accession Number: 20160627–5321. Filed Date: 6/27/16. electronic submission of protests and Comments Due: 5 p.m. ET 7/18/16. Accession Number: 20160627–5154. interventions in lieu of paper using the Docket Numbers: ER15–2211–000. Comments Due: 5 p.m. ET 7/18/16. ‘‘eFiling’’ link at http://www.ferc.gov. Applicants: MidAmerican Energy Persons unable to file electronically Services, LLC. Docket Numbers: ER16–1467–001. should submit an original and 5 copies Description: MidAmerican Energy Applicants: Palmco Power VA LLC. of the protest or intervention to the Services, LLC submits tariff filing per Description: Tariff Amendment: Federal Energy Regulatory Commission, 35.19a(b): Refund Report to be effective. Palmco Power VA FERC Electric Tariff 888 First Street NE., Washington, DC Filed Date: 6/27/16. to be effective 5/20/2016. 20426. Accession Number: 20160627–5320. Filed Date: 6/27/16. This filing is accessible on-line at Comments Due: 5 p.m. ET 7/18/16. Accession Number: 20160627–5156. Comments Due: 5 p.m. ET 7/18/16. http://www.ferc.gov, using the Docket Numbers: ER16–1335–001. ‘‘eLibrary’’ link and is available for Applicants: PJM Interconnection, Docket Numbers: ER16–1468–001. electronic review in the Commission’s L.L.C. Applicants: Palmco Power RI LLC. Public Reference Room in Washington, Description: Tariff Amendment: Description: Tariff Amendment: DC. There is an ‘‘eSubscription’’ link on Response to Deficiency Letter per May Palmco Power RI FERC Electric Tariff to the Web site that enables subscribers to 27, 2016 Order in Docket No. ER16– be effective 5/20/2016. receive email notification when a 1335–000 to be effective 6/1/2016. Filed Date: 6/27/16. document is added to a subscribed Filed Date: 6/27/16. Accession Number: 20160627–5158. docket(s). For assistance with any FERC Accession Number: 20160627–5247. Comments Due: 5 p.m. ET 7/18/16. Online service, please email Comments Due: 5 p.m. ET 7/18/16. Docket Numbers: ER16–2024–000.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44015

Applicants: ISO New England Inc., Description: § 205(d) Rate Filing: Filed Date: 6/28/16. NSTAR Electric Company. Revisions to Short-Form MBR Tariff to Accession Number: 20160628–5093. Description: § 205(d) Rate Filing: be effective 7/1/2016. Comments Due: 5 p.m. ET 7/19/16. Original Service Agreement No. LGIA– Filed Date: 6/27/16. The filings are accessible in the ISONE/NSTAR–16–04 under Schedule Accession Number: 20160627–5254. Commission’s eLibrary system by 22 of OATT to be effective 6/14/2016. Comments Due: 5 p.m. ET 7/18/16. clicking on the links or querying the Filed Date: 6/27/16. Docket Numbers: ER16–2032–000. docket number. Accession Number: 20160627–5172. Applicants: Greenleaf Energy Unit 1 Any person desiring to intervene or Comments Due: 5 p.m. ET 7/18/16. LLC. protest in any of the above proceedings Docket Numbers: ER16–2025–000. Description: § 205(d) Rate Filing: must file in accordance with Rules 211 Applicants: Mt. Carmel Cogen, Inc. Tariff Amendment to be effective 6/28/ and 214 of the Commission’s Description: Baseline eTariff Filing: 2016. Regulations (18 CFR 385.211 and Reactive Service Tariff to be effective 8/ Filed Date: 6/27/16. 385.214) on or before 5:00 p.m. Eastern 1/2016. Accession Number: 20160627–5261. time on the specified comment date. Filed Date: 6/27/16. Comments Due: 5 p.m. ET 7/18/16. Protests may be considered, but Accession Number: 20160627–5175. Docket Numbers: ER16–2033–000. intervention is necessary to become a Comments Due: 5 p.m. ET 7/18/16. Applicants: Pacific Gas and Electric party to the proceeding. Docket Numbers: ER16–2026–000. Company. eFiling is encouraged. More detailed Applicants: Southern California Description: § 205(d) Rate Filing: information relating to filing Edison Company. Amendment to BART NITSA (Warm requirements, interventions, protests, Description: Tariff Cancellation: Springs Station) to be effective 8/29/ service, and qualifying facilities filings Notice of Cancellation, Service 2016. can be found at: http://www.ferc.gov/ Agreement No. 866 to be effective 7/13/ Filed Date: 6/27/16. docs-filing/efiling/filing-req.pdf. For 2016. Accession Number: 20160627–5262. other information, call (866) 208–3676 Filed Date: 6/27/16. Comments Due: 5 p.m. ET 7/18/16. (toll free). For TTY, call (202) 502–8659. Accession Number: 20160627–5183. Docket Numbers: ER16–2034–000. Dated: June 28, 2016. Comments Due: 5 p.m. ET 7/18/16. Applicants: Entergy Louisiana, LLC. Nathaniel J. Davis, Sr., Docket Numbers: ER16–2027–000. Description: § 205(d) Rate Filing: Deputy Secretary. Applicants: Duke Energy Carolinas, ELL–SRMPA 10th Extension of Interim [FR Doc. 2016–15872 Filed 7–5–16; 8:45 am] Agreement to be effective 7/1/2016. LLC. BILLING CODE 6717–01–P Description: § 205(d) Rate Filing: Filed Date: 6/27/16. NCMPA NITSA Amendment SA No. Accession Number: 20160627–5265. 212 to be effective 6/1/2016. Comments Due: 5 p.m. ET 7/18/16. DEPARTMENT OF ENERGY Filed Date: 6/27/16. Docket Numbers: ER16–2035–000. Accession Number: 20160627–5195. Applicants: Black Oak Wind, LLC. Federal Energy Regulatory Comments Due: 5 p.m. ET 7/18/16. Description: Baseline eTariff Filing: Commission Black Oak Wind, LLC Petition for Order Docket Numbers: ER16–2028–000. Accepting Market-Based Rate Tariff to Combined Notice of Filings #2 Applicants: Exelon West Medway, be effective 9/1/2016. LLC. Take notice that the Commission Filed Date: 6/27/16. received the following electric rate Description: Baseline eTariff Filing: Accession Number: 20160627–5269. filings: Rate Schedule 1—Shared Facilities Comments Due: 5 p.m. ET 7/18/16. Agreement to be effective 10/1/2016. Docket Numbers: ER10–2531–006. Filed Date: 6/27/16. Docket Numbers: ER16–2036–000. Applicants: Cedar Creek Wind Applicants: Southwest Power Pool, Accession Number: 20160627–5233. Energy, LLC. Inc. Comments Due: 5 p.m. ET 7/18/16. Description: Notice of Non-Material Description: § 205(d) Rate Filing: Change in Status of Cedar Creek Wind Docket Numbers: ER16–2029–000. 2562R4 Kansas Municipal Energy Applicants: Midcontinent Energy, LLC. Agency NITSA and NOA to be effective Filed Date: 6/29/16. Independent System Operator, Inc. 9/1/2016. Description: § 205(d) Rate Filing: Accession Number: 20160629–5150. Filed Date: 6/28/16. Comments Due: 5 p.m. ET 7/20/16. 2016–06–27_SA 2910 Harvest Wind- Accession Number: 20160628–5069. Docket Numbers: ER16–711–002; Geronimo Huron Cost Allocation Comments Due: 5 p.m. ET 7/19/16. ER14–1317–006; ER10–2538–006. Agreement to be effective 6/28/2016. Docket Numbers: ER16–2037–000. Filed Date: 6/27/16. Applicants: Pio Pico Energy Center, Applicants: Southwest Power Pool, LLC, Panoche Energy Center, LLC, Accession Number: 20160627–5237. Inc. Comments Due: 5 p.m. ET 7/18/16. Sunshine Gas Producers, LLC. Description: § 205(d) Rate Filing: Description: Notice of Change in Docket Numbers: ER16–2030–000. 2415R5 Kansas Municipal Energy Status and Triennial Compliance Filing Applicants: Southwest Power Pool, Agency NITSA and NOA to be effective for the Southwest Region of Pio Pico Inc. 9/1/2016. Energy Center, LLC, et al. Description: § 205(d) Rate Filing: Filed Date: 6/28/16. Filed Date: 6/29/16. 1166R28 Oklahoma Municipal Power Accession Number: 20160628–5075. Accession Number: 20160629–5175. Authority NITSA and NOA to be Comments Due: 5 p.m. ET 7/19/16. Comments Due: 5 p.m. ET 8/29/16. effective 6/1/2016. Docket Numbers: ER16–2038–000. Docket Numbers: ER16–999–002. Filed Date: 6/27/16. Applicants: Public Service Company Applicants: Greenleaf Energy Unit 1 Accession Number: 20160627–5242. of Colorado. LLC. Comments Due: 5 p.m. ET 7/18/16. Description: § 205(d) Rate Filing: Description: Notice of Non-Material Docket Numbers: ER16–2031–000. 20160628_CSU Update Record to be Change in Status of Greenleaf Energy Applicants: Tampa Electric Company. effective 1/1/2015. Unit 1 LLC.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44016 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Filed Date: 6/28/16. Filed Date: 6/29/16. clicking on the links or querying the Accession Number: 20160628–5283. Accession Number: 20160629–5083. docket number. Comments Due: 5 p.m. ET 7/19/16. Comments Due: 5 p.m. ET 7/20/16. Any person desiring to intervene or Docket Numbers: ER16–999–003. Docket Numbers: ER16–2067–001. protest in any of the above proceedings Applicants: Greenleaf Energy Unit 1 Applicants: Southwest Power Pool, must file in accordance with Rules 211 LLC. Inc. and 214 of the Commission’s Description: Triennial Update for Description: Tariff Amendment: Regulations (18 CFR 385.211 and Southwest Region of Greenleaf Energy 1890R5 Westar Energy, Inc. NITSA and 385.214) on or before 5:00 p.m. Eastern Unit 1 LLC. NOA (Moran) to be effective 9/1/2016. time on the specified comment date. Filed Date: 6/28/16. Filed Date: 6/29/16. Protests may be considered, but Accession Number: 20160628–5285. Accession Number: 20160629–5180. intervention is necessary to become a Comments Due: 5 p.m. ET 8/29/16. Comments Due: 5 p.m. ET 7/20/16. party to the proceeding. eFiling is encouraged. More detailed Docket Numbers: ER16–2062–000. Docket Numbers: ER16–2068–000. information relating to filing Applicants: Southwest Power Pool, Applicants: PJM Interconnection, requirements, interventions, protests, Inc. L.L.C. Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: First service, and qualifying facilities filings 2045R5 Westar Energy, Inc. NITSA and Revised Service Agreement No. 4288; can be found at: http://www.ferc.gov/ NOA to be effective 9/1/2016. Queue No. AB1–064 to be effective 6/1/ docs-filing/efiling/filing-req.pdf. For Filed Date: 6/29/16. 2016. other information, call (866) 208–3676 Accession Number: 20160629–5063. Filed Date: 6/29/16. (toll free). For TTY, call (202) 502–8659. Comments Due: 5 p.m. ET 7/20/16. Accession Number: 20160629–5089. Dated: June 29, 2016. Comments Due: 5 p.m. ET 7/20/16. Docket Numbers: ER16–2063–000. Nathaniel J. Davis, Sr., Applicants: Southwest Power Pool, Docket Numbers: ER16–2069–000. Deputy Secretary. Inc. Applicants: MidAmerican Energy [FR Doc. 2016–15944 Filed 7–5–16; 8:45 am] Company. Description: § 205(d) Rate Filing: BILLING CODE 6717–01–P 2390R4 Westar Energy, Inc. NITSA and Description: § 205(d) Rate Filing: NOA (Herington) to be effective 9/1/ Market-Based Rate Tariff—5th Rev. to be 2016. effective 6/30/2016. DEPARTMENT OF ENERGY Filed Date: 6/29/16. Filed Date: 6/29/16. Accession Number: 20160629–5070. Accession Number: 20160629–5127. Federal Energy Regulatory Comments Due: 5 p.m. ET 7/20/16. Comments Due: 5 p.m. ET 7/20/16. Commission Docket Numbers: ER16–2064–000. Docket Numbers: ER16–2070–000. Applicants: Southwest Power Pool, Combined Notice of Filings Applicants: Southern California Inc. Edison Company. Take notice that the Commission has Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: received the following Natural Gas 1978R5 Westar Energy, Inc. NITSA and Amended LGIA NextEra Blythe Solar Pipeline Rate and Refund Report filings: NOA (Toronto) to be effective 9/1/2016. Energy Center, LLC—Dracker Project to Filed Date: 6/29/16. Filings Instituting Proceedings be effective 6/30/2016. Accession Number: 20160629–5130. Docket Numbers: RP16–1040–000. Filed Date: 6/29/16. Comments Due: 5 p.m. ET 7/20/16. Accession Number: 20160629–5076. Applicants: National Fuel Gas Supply Comments Due: 5 p.m. ET 7/20/16. Docket Numbers: ER16–2071–000. Corporation. Applicants: Innovative Solar 43, LLC. Description: Compliance filing Notice Docket Numbers: ER16–2065–000. Description: Baseline eTariff Filing: Regarding Non-Jurisdictional Gathering Applicants: Otter Tail Power Innovative Solar 43, LLC MBR Tariff to Facilities. Company. be effective 6/30/2016. Filed Date: 6/22/16. Description: § 205(d) Rate Filing: Filed Date: 6/29/16. Accession Number: 20160622–5057. Notice of Termination of Service Accession Number: 20160629–5155. Comments Due: 5 p.m. ET 7/5/16. Agreement for Ancillary Services for Comments Due: 5 p.m. ET 7/20/16. Any person desiring to intervene or Otter Tail to be effective 5/12/2016. Docket Numbers: ER16–2072–000. protest in any of the above proceedings Filed Date: 6/29/16. Applicants: PacifiCorp. must file in accordance with Rules 211 Accession Number: 20160629–5077. Description: Tariff Cancellation: and 214 of the Commission’s Comments Due: 5 p.m. ET 7/20/16. Termination of BPA Construction Agmt Regulations (18 CFR 385.211 and Docket Numbers: ER16–2066–000. (USBR Green Springs R1) to be effective § 385.214) on or before 5:00 p.m. Eastern Applicants: Southwest Power Pool, 8/29/2016. time on the specified comment date. Inc. Filed Date: 6/29/16. Protests may be considered, but Description: § 205(d) Rate Filing: Accession Number: 20160629–5170. intervention is necessary to become a 2491R4 Westar Energy, Inc. NITSA and Comments Due: 5 p.m. ET 7/20/16. party to the proceeding. NOA (Scranton) to be effective 9/1/ Docket Numbers: ER16–2073–000. Filings in Existing Proceedings 2016. Applicants: Shell Energy North Docket Numbers: RP16–943–001. Filed Date: 6/29/16. America (US), L.P. Accession Number: 20160629–5082. Applicants: Vector Pipeline L.P. Description: Market-Based Triennial Description: Compliance filing Comments Due: 5 p.m. ET 7/20/16. Review Filing: Southwest Triennial & Negotiated Rate RP16–943. Compliance Docket Numbers: ER16–2067–000. 819 Revisions to be effective 6/30/2016. Filing to be effective 6/1/2016. Applicants: Southwest Power Pool, Filed Date: 6/29/16. Filed Date: 6/22/16. Inc. Accession Number: 20160629–5191. Accession Number: 20160622–5017. Description: § 205(d) Rate Filing: Comments Due: 5 p.m. ET 8/29/16. Comments Due: 5 p.m. ET 7/5/16. 1890R5 Westar Energy, Inc. NITSA and The filings are accessible in the Any person desiring to protest in any NOA (Moran) to be effective 9/1/2016. Commission’s eLibrary system by of the above proceedings must file in

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44017

accordance with Rule 211 of the Center, Environmental Protection Abstract: Discharge Monitoring Commission’s Regulations (18 CFR Agency, Mail Code 28221T, 1200 Report-Quality Assurance (DMR–QA) 385.211) on or before 5:00 p.m. Eastern Pennsylvania Ave. NW., Washington, study program participation is time on the specified comment date. DC 20460. mandatory for major and selected minor The filings are accessible in the EPA’s policy is that all comments National Pollution Discharge Commission’s eLibrary system by received will be included in the public Elimination System (NPDES) permit clicking on the links or querying the docket without change including any holders in accordance with Clean Water docket number. personal information provided, unless Act Section 308. The DMR–QA study eFiling is encouraged. More detailed the comment includes profanity, threats, program is designed to evaluate the information relating to filing information claimed to be Confidential analytic ability of laboratories that requirements, interventions, protests, Business Information (CBI) or other perform chemical, microbiological and service, and qualifying facilities filings information whose disclosure is whole effluent toxicity (WET) analyses can be found at: http://www.ferc.gov/ restricted by statute. required in NPDES permits for reporting docs-filing/efiling/filing-req.pdf. For FOR FURTHER INFORMATION CONTACT: results in the Discharge Monitoring other information, call (866) 208–3676 Brian Krausz, Monitoring, Assistance, (toll free). For TTY, call (202) 502–8659. Reports (DMR). Under DMR–QA, the and Media Programs Division, Office of permit holder is responsible for having Dated: June 23, 2016. Compliance, (2227A), Environmental their in-house and/or contract Nathaniel J. Davis, Sr., Protection Agency, 1200 Pennsylvania laboratories perform proficiency test Deputy Secretary. Avenue NW., Washington, DC 20460; samples, and submit results for grading telephone number: (202) 564–3069; fax [FR Doc. 2016–15874 Filed 7–5–16; 8:45 am] to proficiency testing (PT) providers. number: (202) 564–0038; email address: BILLING CODE 6717–01–P Graded results are transmitted by either [email protected]. the permittee or PT provider to the SUPPLEMENTARY INFORMATION: appropriate federal or state NPDES ENVIRONMENTAL PROTECTION Supporting documents which explain in regulatory authority. Permit holders are detail the information that the EPA will AGENCY responsible for submitting corrective be collecting are available in the public action reports to the appropriate [EPA–HQ–OECA–2013–0547; FRL–9948– docket for this ICR. The docket can be regulatory authority. 66–OECA] viewed online at www.regulations.gov Form Numbers: 6400–01. Proposed Information Collection or in person at the EPA Docket Center, Request; Comment Request; WJC West, Room 3334, 1301 Respondents/affected entities: Major Performance Evaluation Studies on Constitution Ave. NW., Washington, and selected minor permit holders Wastewater Laboratories (Renewal); DC. The telephone number for the under the Clean Water Act’s National EPA ICR No. 0234.12, OMB Control No. Docket Center is 202–566–1744. For Pollution Discharge Elimination System 2080–0021 additional information about EPA’s (NPDES). public docket, visit http://www.epa.gov/ AGENCY: Environmental Protection dockets. Respondent’s obligation to respond: Agency (EPA). Pursuant to section 3506(c)(2)(A) of Mandatory under Clean Water Act Section 308(a). ACTION: Notice. the PRA, EPA is soliciting comments and information to enable it to: (i) Estimated number of respondents: SUMMARY: The Environmental Protection Evaluate whether the proposed 5,700 (total). Agency is planning to submit an collection of information is necessary Frequency of response: Major permit information collection request (ICR), for the proper performance of the ‘‘Performance Evaluation Studies on holders must participate annually. functions of the Agency, including Minor permit holders must participate if Wastewater Laboratories’’ (EPA ICR No. whether the information will have selected by the state or EPA DMR–QA 0234.12, OMB Control No. 2080–0021) practical utility; (ii) evaluate the coordinator. to the Office of Management and Budget accuracy of the Agency’s estimate of the (OMB) for review and approval in burden of the proposed collection of Total estimated burden: 37,620 hours accordance with the Paperwork information, including the validity of (per year). Burden is defined at 5 CFR Reduction Act (44 U.S.C. 3501 et seq.). the methodology and assumptions used; 1320.03(b). Before doing so, EPA is soliciting public (iii) enhance the quality, utility, and Total estimated cost: $4,378,968 (per comments on specific aspects of the clarity of the information to be year), includes $2,459,037 annualized proposed information collection as collected; and (iv) minimize the burden capital or operation & maintenance described below. This is a proposed of the collection of information on those costs. extension of the ICR, which is currently who are to respond, including through approved through March 31, 2017. An the use of appropriate automated Changes in estimates: There will be Agency may not conduct or sponsor and electronic, mechanical, or other an approximate increase of 1,261 hours a person is not required to respond to technological collection techniques or in the total estimated respondent a collection of information unless it other forms of information technology, burden compared with the ICR currently displays a currently valid OMB control e.g., permitting electronic submission of approved by OMB. This is due to number. responses. EPA will consider the increased discretionary selection of DATES: Comments must be submitted on comments received and amend the ICR NPDES minor permit holders for DMR– or before September 6, 2016. as appropriate. The final ICR package QA participation in the most recent ADDRESSES: Submit your comments, will then be submitted to OMB for year. Labor costs will be revised upward referencing Docket ID No. EPA–HQ– review and approval. At that time, EPA to take into account changes in OECA–2013–0547, online using will issue another Federal Register employee benefit compensation costs www.regulations.gov (our preferred notice to announce the submission of and inflation. Non-labor costs for method), by email to docket.oeca@ the ICR to OMB and the opportunity to obtaining proficiency test samples will epa.gov, or by mail to: EPA Docket submit additional comments to OMB. also likely increase.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44018 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Dated: June 23, 2016. June 6, 2016. If you have questions, excluding legal holidays. Comments on Edward J. Messina, consult the person listed under FOR a disk or CD–ROM should be formatted Director, Monitoring, Assistance, and Media FURTHER INFORMATION CONTACT. in Word or ASCII file, avoiding the use Programs Division/OECA. Authority: 7 U.S.C. 136 et seq. of special characters and any form of [FR Doc. 2016–16023 Filed 7–5–16; 8:45 am] encryption, and may be mailed to the Dated: June 27, 2016. mailing address above. BILLING CODE 6560–50–P Yu-Ting Guilaran, FOR FURTHER INFORMATION CONTACT: Dan Director, Pesticide Re-Evaluation, Office of Conrad, Air and Radiation Law Office Pesticide Programs. ENVIRONMENTAL PROTECTION (2344A), Office of General Counsel, U.S. AGENCY [FR Doc. 2016–16021 Filed 7–5–16; 8:45 am] Environmental Protection Agency, 1200 BILLING CODE 6560–50–P [EPA–HQ–OPP–2015–0794; FRL–9948–38] Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–0903; Atrazine, Simazine, and Propazine ENVIRONMENTAL PROTECTION email address: [email protected]. Registration Review; Draft Ecological AGENCY SUPPLEMENTARY INFORMATION: Risk Assessments; Extension of I. Additional Information About the Comment Period [EPA–HQ–OGC–2016–0358; FRL–9948–72– OGC] Proposed Consent Decree AGENCY: Environmental Protection The proposed consent decree would Agency (EPA). Proposed Consent Decree, Clean Air resolve a lawsuit filed by the Plaintiff ACTION: Notice; extension of comment Act Citizen Suit seeking to compel the Administrator to period. AGENCY: Environmental Protection take actions under CAA section 505(b)(2). Under the terms of the SUMMARY: EPA issued a notice in the Agency (EPA). proposed consent decree, EPA would Federal Register of June 6, 2016, ACTION: Notice of proposed consent agree to sign its response granting or concerning opening a comment period decree; request for public comment. denying the petition filed by Plaintiff for the draft ecological risk assessments SUMMARY: In accordance with section regarding its facility located in of atrazine, simazine, and propazine. 113(g) of the Clean Air Act, as amended Combined Locks, Wisconsin pursuant to This document extends the comment (‘‘CAA’’ or the ‘‘Act’’), notice is hereby section 505(b)(2) of the CAA, on or period for 60 days, from August 5, 2016, given of a proposed consent decree to before October 14, 2016. to October 4, 2016. This comment address a lawsuit filed by Appleton Under the terms of the proposed period is being extended in response to Coated, LLC (Appleton or Plaintiff), in consent decree, EPA would a number of extension requests from the United States District Court for the expeditiously deliver notice of EPA’s various stakeholders citing difficulty Eastern District of Wisconsin: Appleton response to the Office of the Federal commenting during the growing season, Coated, LLC v. McCarthy, Civil Action Register for review and publication and the length, quantity, and No. 1:16–cv–272 (E.D. Wis.). On March following signature of such response. In complexity of the Risk Assessments. 7, 2016, Plaintiff filed a complaint addition, the proposed consent decree DATES: Comments, identified by docket alleging that Gina McCarthy, in her outlines the settlement in regard to identification (ID) number EPA–HQ– official capacity as Administrator of the Petitioners’ attorney fees. OPP–2015–0794, must be received on or United States Environmental Protection For a period of thirty (30) days before October 4, 2016. Agency (‘‘EPA’’), failed to perform a following the date of publication of this ADDRESSES: Follow the detailed nondiscretionary duty to grant or deny notice, the Agency will accept written instructions provided under ADDRESSES within 60 days a petition submitted by comments relating to the proposed in the Federal Register document of Plaintiff on November 19, 2013, consent decree from persons who are June 6, 2016 (81 FR 108) (FRL–9945– requesting that EPA object to a CAA not named as parties or intervenors to 06). Title V permit issued by the Wisconsin the litigation in question. EPA or the FOR FURTHER INFORMATION CONTACT: Department of Natural Resources to Department of Justice may withdraw or Richard Dumas, Pesticide Re-Evaluation Appleton authorizing the operation of withhold consent to the proposed Division (7508P), Office of Pesticide its facility located in Combined Locks, consent decree if the comments disclose Programs, Environmental Protection Wisconsin. The proposed consent facts or considerations that indicate that Agency, 1200 Pennsylvania Ave. NW., decree would establish a deadline for such consent is inappropriate, Washington, DC 20460–0001; telephone EPA to take such action. improper, inadequate, or inconsistent number: (703) 308–8015; email address: DATES: Written comments on the with the requirements of the Act. Unless [email protected]. proposed consent decree must be EPA or the Department of Justice SUPPLEMENTARY INFORMATION: This received by August 5, 2016. determines that consent to this consent document extends the public comment ADDRESSES: Submit your comments, decree should be withdrawn, the terms period established in the Federal identified by Docket ID number EPA– of the consent decree will be affirmed. Register document of June 6, 2016. In HQ–OGC–2016–0358, online at II. Additional Information About that document, EPA opened a comment www.regulations.gov (EPA’s preferred Commenting on the Proposed Consent period for a draft ecological risk method); by email to oei.docket@ Decree assessments for the registration review epa.gov; by mail to EPA Docket Center, of atrazine, simazine, and propazine. Environmental Protection Agency, A. How can I get a copy of the consent EPA is hereby extending the comment Mailcode: 2822T, 1200 Pennsylvania decree? period, which was set to end on August Ave. NW., Washington, DC 20460–0001; The official public docket for this 5, 2016, to October 4, 2016. or by hand delivery or courier to EPA action (identified by Docket ID No. To submit comments, or access the Docket Center, EPA West, Room 3334, EPA–HQ–OGC–2016–0358) contains a docket, please follow the detailed 1301 Constitution Ave. NW., copy of the proposed consent decree. instructions provided under ADDRESSES Washington, DC, between 8:30 a.m. and The official public docket is available in the Federal Register document of 4:30 p.m. Monday through Friday, for public viewing at the Office of

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44019

Environmental Information (OEI) Docket read your comment due to technical ADDRESSES: The meeting will be held at in the EPA Docket Center, EPA West, difficulties or needs further information the Blue Harbor Resort, Salons E and F, Room 3334, 1301 Constitution Ave. on the substance of your comment. Any 725 Blue Harbor Dr., Sheboygan, NW., Washington, DC. The EPA Docket identifying or contact information Wisconsin. For those unable to attend in Center Public Reading Room is open provided in the body of a comment will person, this meeting will also be from 8:30 a.m. to 4:30 p.m., Monday be included as part of the comment that available telephonically. The through Friday, excluding legal is placed in the official public docket, teleconference number is 877–226–9607 holidays. The telephone number for the and made available in EPA’s electronic and the teleconference code is 421 858 Public Reading Room is (202) 566–1744, public docket. If EPA cannot read your 2837. and the telephone number for the OEI comment due to technical difficulties FOR FURTHER INFORMATION CONTACT: Any Docket is (202) 566–1752. and cannot contact you for clarification, member of the public wishing further An electronic version of the public EPA may not be able to consider your information regarding this meeting may docket is available through comment. contact Rita Cestaric, Designated www.regulations.gov. You may use Use of the www.regulations.gov Web Federal Officer (DFO), by email at www.regulations.gov to submit or view site to submit comments to EPA [email protected]. General public comments, access the index electronically is EPA’s preferred method information about the Board and the SIS listing of the contents of the official for receiving comments. The electronic can be found at http://glri.us/advisory/ public docket, and access those public docket system is an ‘‘anonymous index.html. documents in the public docket that are access’’ system, which means EPA will SUPPLEMENTARY INFORMATION: available electronically. Once in the not know your identity, email address, system, key in the appropriate docket Background: The Board is a federal or other contact information unless you advisory committee chartered under the identification number then select provide it in the body of your comment. ‘‘search.’’ Federal Advisory Committee Act In contrast to EPA’s electronic public (FACA), Public Law 92–463. EPA It is important to note that EPA’s docket, EPA’s electronic mail (email) policy is that public comments, whether established the Board in 2013 to provide system is not an ‘‘anonymous access’’ independent advice to the EPA submitted electronically or in paper, system. If you send an email comment will be made available for public Administrator in her capacity as Chair directly to the Docket without going of the federal Great Lakes Interagency viewing online at www.regulations.gov through www.regulations.gov, your without change, unless the comment Task Force (IATF). The SIS was email address is automatically captured established as a subcommittee to the contains copyrighted material, and included as part of the comment confidential business information (CBI), Board to assist the Board by providing that is placed in the official public technical advice. The Board and SIS or other information whose disclosure is docket, and made available in EPA’s restricted by statute. Information comply with the provisions of FACA. electronic public docket. claimed as CBI and other information Availability of Meeting Materials: The whose disclosure is restricted by statute Dated: June 27, 2016. agenda and other materials in support of is not included in the official public Lorie J. Schmidt, the meeting will be available at http:// docket or in the electronic public Associate General Counsel. glri.us/advisory/index.html. docket. EPA’s policy is that copyrighted [FR Doc. 2016–16022 Filed 7–5–16; 8:45 am] Procedures for Providing Public Input: Federal advisory committees provide material, including copyrighted material BILLING CODE 6560–50–P contained in a public comment, will not independent advice to federal agencies. be placed in EPA’s electronic public Members of the public can submit docket but will be available only in ENVIRONMENTAL PROTECTION relevant comments for consideration by printed, paper form in the official public AGENCY the Board and the SIS. Input from the docket. Although not all docket public to the committees will have the materials may be available [FRL–9948–74–Region 5] most impact if it provides specific electronically, you may still access any information for consideration. Members of the publicly available docket Public Meeting of the Great Lakes of the public wishing to provide materials through the EPA Docket Advisory Board and Science and comments should contact the DFO Center. Information Subcommittee directly. Oral Statements: In general, B. How and to whom do I submit AGENCY: Environmental Protection individuals or groups requesting an oral comments? Agency (EPA). presentation at this public meeting will You may submit comments as ACTION: Notice. be limited to three minutes per speaker, provided in the ADDRESSES section. subject to the number of people wanting SUMMARY: The Environmental Protection Please ensure that your comments are to comment. Interested parties should Agency (EPA) announces a public submitted within the specified comment contact the DFO in writing (preferably meeting of the Great Lakes Advisory period. Comments received after the via email) at the contact information Board (Board) and its Science and close of the comment period will be noted above by July 18, 2016 to be Information Subcommittee (SIS). The marked ‘‘late.’’ EPA is not required to placed on the list of public speakers for purpose of this meeting is to discuss the consider these late comments. the meeting. If you submit an electronic comment, Great Lakes Restoration Initiative (GLRI) Written Statements: Written EPA recommends that you include your covering FY15–19 and other relevant statements must be received by July 14, name, mailing address, and an email matters. 2016 so that the information may be address or other contact information in DATES: The meeting will be held on made available to the committees for the body of your comment and with any Thursday, July 21, 2016 from 8:30 a.m. consideration. Written statements disk or CD ROM you submit. This to 12:30 p.m. Central Time, 9:30 a.m. to should be supplied to the DFO in the ensures that you can be identified as the 1:30 p.m. Eastern Time. An opportunity following formats: One hard copy with submitter of the comment and allows will be provided to the public to original signature and one electronic EPA to contact you in case EPA cannot comment. copy via email. Commenters are

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44020 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

requested to provide two versions of Open Session FEDERAL RESERVE SYSTEM each document submitted: one each A. Approval of Minutes Formations of, Acquisitions by, and with and without signatures because • June 9, 2016 only documents without signatures may B. New Business Mergers of Bank Holding Companies be published on the GLRI Web page. • Farm Credit Administration Board The companies listed in this notice Accessibility: For information on Resolution on Farm Credit System’s access or services for individuals with have applied to the Board for approval, 100th Anniversary pursuant to the Bank Holding Company disabilities, please contact the DFO at • Final Rule—Farmer Mac Corporate the phone number or email address Act of 1956 (12 U.S.C. 1841 et seq.) Governance and Standards of (BHC Act), Regulation Y (12 CFR part noted above, preferably at least seven Conduct days prior to the meeting, to give EPA 225), and all other applicable statutes as much time as possible to process Dated: July 1, 2016. and regulations to become a bank your request. Dale L. Aultman, holding company and/or to acquire the Secretary, Farm Credit Administration Board. assets or the ownership of, control of, or Dated: June 27, 2016. [FR Doc. 2016–16071 Filed 7–1–16; 11:15 am] the power to vote shares of a bank or Cameron Davis, Sr., bank holding company and all of the BILLING CODE 6705–01–P Advisor to the Administrator. banks and nonbanking companies [FR Doc. 2016–16020 Filed 7–5–16; 8:45 am] owned by the bank holding company, including the companies listed below. BILLING CODE 6560–50–P FEDERAL DEPOSIT INSURANCE The applications listed below, as well CORPORATION as other related filings required by the FARM CREDIT ADMINISTRATION Notice to All Interested Parties of the Board, are available for immediate Termination of the Receivership of inspection at the Federal Reserve Bank Farm Credit Administration Board; 10270 Williamsburg First National indicated. The applications will also be Sunshine Act; Regular Meeting Bank Kingstree, South Carolina available for inspection at the offices of the Board of Governors. Interested AGENCY: Farm Credit Administration. NOTICE IS HEREBY GIVEN that the persons may express their views in SUMMARY: Notice is hereby given, Federal Deposit Insurance Corporation writing on the standards enumerated in pursuant to the Government in the (‘‘FDIC’’) as Receiver for Williamsburg the BHC Act (12 U.S.C. 1842(c)). If the Sunshine Act, of the regular meeting of First National Bank, Kingstree, South proposal also involves the acquisition of the Farm Credit Administration Board Carolina (‘‘the Receiver’’) intends to a nonbanking company, the review also (Board). terminate its receivership for said includes whether the acquisition of the DATES: Date and Time: The regular institution. The FDIC was appointed nonbanking company complies with the meeting of the Board will be held at the receiver of Williamsburg First National standards in section 4 of the BHC Act offices of the Farm Credit Bank on July 23, 2010. The liquidation (12 U.S.C. 1843). Unless otherwise Administration in McLean, Virginia, on of the receivership assets has been noted, nonbanking activities will be July 14, 2016, from 9:00 a.m. until such completed. To the extent permitted by conducted throughout the United States. time as the Board concludes its available funds and in accordance with Unless otherwise noted, comments business. law, the Receiver will be making a final regarding each of these applications ADDRESSES: Farm Credit dividend payment to proven creditors. must be received at the Reserve Bank Administration, 1501 Farm Credit Drive, Based upon the foregoing, the indicated or the offices of the Board of McLean, Virginia 22102–5090. Submit Receiver has determined that the Governors not later than August 1, 2016. attendance requests via email to continued existence of the receivership A. Federal Reserve Bank of [email protected]. See will serve no useful purpose. Philadelphia (William Spaniel, Senior Consequently, notice is given that the SUPPLEMENTARY INFORMATION for further Vice President) 100 North 6th Street, information about attendance requests. receivership shall be terminated, to be Philadelphia, Pennsylvania 19105– effective no sooner than thirty days after 1521. Comments can also be sent FOR FURTHER INFORMATION CONTACT: Dale the date of this Notice. If any person electronically to L. Aultman, Secretary to the Farm wishes to comment concerning the [email protected]: Credit Administration Board, (703) 883– termination of the receivership, such 4009, TTY (703) 883–4056. 1. DNB Financial Corporation, comment must be made in writing and Downingtown, Pennsylvania; to acquire SUPPLEMENTARY INFORMATION: This sent within thirty days of the date of East River Bank, Philadelphia, meeting of the Board will be open to the this Notice to: Federal Deposit Pennsylvania. public (limited space available). Please Insurance Corporation, Division of B. Federal Reserve Bank of Dallas send an email to VisitorRequest@ Resolutions and Receiverships, (Robert L. Triplett III, Senior Vice FCA.gov at least 24 hours before the Attention: Receivership Oversight President) 2200 North Pearl Street, meeting. In your email include: name, Department 34.6, 1601 Bryan Street, Dallas, Texas 75201–2272: postal address, entity you are Dallas, TX 75201. 1. Sulphur Springs Bancshares, Inc., representing (if applicable), and No comments concerning the Sulphur Springs, Texas; to merge with telephone number. You will receive an termination of this receivership will be Wills Point Financial Corporation, and email confirmation from us. Please be considered which are not sent within indirectly, Citizens National Bank, both prepared to show a photo identification this time frame. of Wills Point, Texas. when you arrive. If you need assistance Dated: June 30, 2016. for accessibility reasons, or if you have Board of Governors of the Federal Reserve any questions, contact Dale L. Aultman, Federal Deposit Insurance Corporation. System, June 30, 2016. Secretary to the Farm Credit Robert E. Feldman, Michele Taylor Fennell, Administration Board, at (703) 883– Executive Secretary. Assistant Secretary of the Board. 4009. The matters to be considered at [FR Doc. 2016–15926 Filed 7–5–16; 8:45 am] [FR Doc. 2016–15938 Filed 7–5–16; 8:45 am] the meeting are: BILLING CODE 6714–01–P BILLING CODE 6210–01–P

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4703 Sfmt 9990 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44021

FEDERAL RESERVE SYSTEM DATES: Comments must be received on Commission Web site, at http:// or before July 20, 2016. www.ftc.gov/os/publiccomments.shtm. Change in Bank Control Notices; ADDRESSES: Interested parties may file a As a matter of discretion, the Acquisitions of Shares of a Bank or comment at https:// Commission tries to remove individuals’ Bank Holding Company ftcpublic.commentworks.com/ftc/ home contact information from heidelbergitalcementiconsent/ online or comments before placing them on the The notificants listed below have Commission Web site. applied under the Change in Bank on paper, by following the instructions in the Request for Comment part of the Because your comment will be made Control Act (12 U.S.C. 1817(j)) and public, you are solely responsible for § 225.41 of the Board’s Regulation Y (12 SUPPLEMENTARY INFORMATION section below. Write ‘‘HeidelbergCement AG making sure that your comment does CFR 225.41) to acquire shares of a bank and Italcementi S.p.A.—Consent not include any sensitive personal or bank holding company. The factors Agreement; File No. 151 0200’’ on your information, like anyone’s Social that are considered in acting on the comment and file your comment online Security number, date of birth, driver’s notices are set forth in paragraph 7 of at https://ftcpublic.commentworks.com/ license number or other state the Act (12 U.S.C. 1817(j)(7)). ftc/heidelbergitalcementiconsent/ by identification number or foreign country The notices are available for following the instructions on the web- equivalent, passport number, financial immediate inspection at the Federal based form. If you prefer to file your account number, or credit or debit card Reserve Bank indicated. The notices comment on paper, write number. You are also solely responsible also will be available for inspection at ‘‘HeidelbergCement AG and Italcementi for making sure that your comment does the offices of the Board of Governors. S.p.A.—Consent Agreement; File No. not include any sensitive health Interested persons may express their 151 0200’’ on your comment and on the information, like medical records or views in writing to the Reserve Bank envelope, and mail your comment to the other individually identifiable health indicated for that notice or to the offices following address: Federal Trade information. In addition, do not include of the Board of Governors. Comments Commission, Office of the Secretary, any ‘‘[t]rade secret or any commercial or must be received not later than July 20, 600 Pennsylvania Avenue NW., Suite financial information which . . . is 2016. CC–5610 (Annex D), Washington, DC privileged or confidential,’’ as discussed A. Federal Reserve Bank of San 20580, or deliver your comment to the in Section 6(f) of the FTC Act, 15 U.S.C. Francisco (Gerald C. Tsai, Director, following address: Federal Trade 46(f), and FTC Rule 4.10(a)(2), 16 CFR Applications and Enforcement) 101 Commission, Office of the Secretary, 4.10(a)(2). In particular, do not include Market Street, San Francisco, California Constitution Center, 400 7th Street SW., competitively sensitive information 94105–1579: 5th Floor, Suite 5610 (Annex D), such as costs, sales statistics, 1. Earle Sawyer Wasserman as trustee Washington, DC 20024. inventories, formulas, patterns, devices, on behalf of The Wasserman MVB Trust manufacturing processes, or customer FOR FURTHER INFORMATION CONTACT: of 2016 and in his individual capacity, names. and Louise Linda Wasserman as trustee James Southworth (202–326–2822), If you want the Commission to give on behalf of The Wasserman MVB Trust Bureau of Competition, 600 your comment confidential treatment, of 2016, all of Los Angeles, California; Pennsylvania Avenue NW., Washington, you must file it in paper form, with a to acquire voting shares of Mission DC 20580. request for confidential treatment, and Valley Bancorp and thereby indirectly SUPPLEMENTARY INFORMATION: Pursuant you have to follow the procedure acquire shares of Mission Valley Bank, to Section 6(f) of the Federal Trade explained in FTC Rule 4.9(c), 16 CFR both of Sun Valley, California. Commission Act, 15 U.S.C. 46(f), and 4.9(c).1 Your comment will be kept FTC Rule 2.34, 16 CFR 2.34, notice is Board of Governors of the Federal Reserve confidential only if the FTC General System, June 28, 2016. hereby given that the above-captioned Counsel, in his or her sole discretion, consent agreement containing consent Michele Taylor Fennell, grants your request in accordance with orders to cease and desist, having been the law and the public interest. Assistant Secretary of the Board. filed with and accepted, subject to final Postal mail addressed to the [FR Doc. 2016–15878 Filed 7–5–16; 8:45 am] approval, by the Commission, has been Commission is subject to delay due to BILLING CODE 6210–01–P placed on the public record for a period heightened security screening. As a of thirty (30) days. The following result, we encourage you to submit your Analysis to Aid Public Comment comments online. To make sure that the FEDERAL TRADE COMMISSION describes the terms of the consent Commission considers your online agreement, and the allegations in the comment, you must file it at https:// [File No. 151 0200] complaint. An electronic copy of the ftcpublic.commentworks.com/ftc/ HeidelbergCement AG and Italcementi full text of the consent agreement heidelbergitalcementiconsent/ by S.p.A.; Analysis To Aid Public package can be obtained from the FTC following the instructions on the web- Comment Home Page (for June 17, 2016), on the based form. If this Notice appears at World Wide Web, at http://www.ftc.gov/ http://www.regulations.gov/#!home, you AGENCY: Federal Trade Commission. os/actions.shtm. also may file a comment through that ACTION: Proposed consent agreement. You can file a comment online or on Web site. paper. For the Commission to consider If you file your comment on paper, SUMMARY: The consent agreement in this your comment, we must receive it on or write ‘‘HeidelbergCement AG and matter settles alleged violations of before July 20, 2016. Write Italcementi S.p.A.—Consent Agreement; federal law prohibiting unfair methods ‘‘HeidelbergCement AG and Italcementi File No. 151 0200’’ on your comment of competition. The attached Analysis to S.p.A.—Consent Agreement; File No. Aid Public Comment describes both the 151 0200’’ on your comment. Your 1 In particular, the written request for confidential allegations in the complaint and the comment—including your name and treatment that accompanies the comment must include the factual and legal basis for the request, terms of the consent orders—embodied your state—will be placed on the public and must identify the specific portions of the in the consent agreement—that would record of this proceeding, including, to comment to be withheld from the public record. See settle these allegations. the extent practicable, on the public FTC Rule 4.9(c), 16 CFR 4.9(c).

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44022 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

and on the envelope, and mail your Commission. In addition to these nine cement-grinding facilities, and thirty- comment to the following address: terminals that historically serve Essroc’s nine cement terminals. Federal Trade Commission, Office of the Martinsburg cement plant, Respondents Italcementi is an Italian public Secretary, 600 Pennsylvania Avenue are required to divest to the buyer of the corporation that operates in the United NW., Suite CC–5610 (Annex D), Martinsburg Assets Lehigh’s cement States through its subsidiary, Essroc. Washington, DC 20580, or deliver your terminal in Solvay, New York. Finally, Worldwide, Italcementi is the fourth- comment to the following address: the Consent Agreement requires Essroc largest producer of cement. Essroc Federal Trade Commission, Office of the to divest its cement terminal in operates six cement plants and twenty- Secretary, Constitution Center, 400 7th Indianapolis, Indiana to Cemex, Inc. one cement terminals in North America. Street SW., 5th Floor, Suite 5610 (‘‘Cemex’’). The Relevant Products and Structure of The Consent Agreement has been (Annex D), Washington, DC 20024. If the Markets possible, submit your paper comment to placed on the public record for thirty the Commission by courier or overnight days to solicit comments from interested In the United States, both parties service. persons. Comments received during this manufacture and sell portland cement. Visit the Commission Web site at period will become part of the public Portland cement is an essential http://www.ftc.gov to read this Notice record. After thirty days, the ingredient in making concrete, a cheap and the news release describing it. The Commission will again review the and versatile building material. Because FTC Act and other laws that the Consent Agreement and the comments portland cement has no close substitute Commission administers permit the received, and decide whether it should and the cost of cement usually collection of public comments to withdraw from the Consent Agreement, represents a relatively small percentage consider and use in this proceeding as modify it, or make final the Decision of a project’s overall construction costs, appropriate. The Commission will and Order (‘‘Order’’). few customers are likely to switch to consider all timely and responsive other products in response to a small The Transaction public comments that it receives on or but significant increase in the price of before July 20, 2016. You can find more Pursuant to a Share Purchase portland cement. information, including routine uses Agreement dated July 28, 2015, The primary purchasers of portland permitted by the Privacy Act, in the Heidelberg proposes to acquire 100% of cement are ready-mix concrete firms Commission’s privacy policy, at http:// Italcementi’s voting shares in a two-step and producers of concrete products. www.ftc.gov/ftc/privacy.htm. transaction. First, Heidelberg has agreed These customers usually pick up to acquire approximately 45% of portland cement from a cement Analysis of Agreement Containing Italcementi voting securities held by company’s plant or terminal in trucks. Consent Orders To Aid Public Comment Italmobiliare S.p.A. The aggregate Because portland cement is a heavy and The Federal Trade Commission consideration for these shares totals relatively cheap commodity, (‘‘Commission’’) has accepted, subject to approximately $1.9 billion. Following transportation costs limit the distance final approval, an Agreement the closing of the Share Purchase, customers can economically travel to Containing Consent Orders (‘‘Consent Heidelberg will launch a mandatory pick up cement. The precise scope of Agreement’’) designed to remedy the public cash tender offer for the the area that can be served by a anticompetitive effects resulting from remaining outstanding shares of particular plant or terminal depends on the proposed acquisition of Italcementi Italcementi, for an expected purchase a number of factors, including the S.p.A. (‘‘Italcementi’’) by price of approximately $2.3 billion. The density of the specific region and local HeidelbergCement AG (‘‘Heidelberg’’) total value of Italcementi shares to be transportation costs. (collectively, ‘‘Respondents’’ or ‘‘the acquired is thus approximately $4.2 Due to transportation costs, cement parties’’). Heidelberg and Italcementi billion. markets are local or regional in nature. compete to sell portland cement in the The Commission’s Complaint alleges The relevant geographic markets in United States through their respective that the proposed transaction, if which to analyze the effects of the subsidiaries, Lehigh Hanson, Inc. consummated, would violate Section 7 proposed acquisition on portland (‘‘Lehigh’’) and Essroc Cement Corp. of the Clayton Act, as amended, 15 cement competition are (1) Baltimore- (‘‘Essroc’’). Under the terms of the U.S.C. 18, and Section 5 of the Federal Washington and surrounding areas; (2) proposed Consent Agreement, the Trade Commission Act, as amended, 15 Richmond, VA and surrounding areas; Respondents are required to divest U.S.C. 45, by substantially lessening (3) Virginia Beach-Norfolk-Newport Italcementi’s cement plant in competition in certain regional markets News and surrounding areas (i.e., Martinsburg, West Virginia, along with in the United States for the manufacture Hampton Roads); (4) Syracuse, NY up to ten cement terminals and all and sale of portland cement. The metropolitan and surrounding areas; related assets to a buyer approved by the proposed Consent Agreement will and (5) Indianapolis and surrounding Commission (the ‘‘Martinsburg Assets’’). remedy the alleged violations by areas. Each of the relevant markets is In addition to the cement plant, the preserving the competition that would highly concentrated, and the merger Martinsburg Assets include the otherwise be eliminated by the would reduce the number of following terminals that Essroc has used proposed acquisition. competitively significant suppliers from to distribute cement manufactured at three to two in each of the markets. Martinsburg: Ashland, Virginia; The Parties Baltimore, Maryland; Bessemer, Headquartered in Germany, Entry Pennsylvania; Chesapeake, Virginia; Heidelberg is the second-largest global Entry into the relevant portland Frederick, Maryland; Leetsdale, producer of cement, ready-mix concrete, cement markets would not be timely, Pennsylvania; and Newport News, and aggregates. It operates eighty-five likely, or sufficient in magnitude, Virginia. Two additional Essroc cement plants in more than forty character, and scope to deter or terminals located in Columbus and countries around the globe. Heidelberg counteract the anticompetitive effects of Middlebranch, Ohio are required to be operates as Lehigh in the United States, the proposed transaction. It is costly and divested at the option of the buyer and where it has twelve cement plants, one time consuming to enter a new subject to the prior approval of the slag cement grinding facility, two geographic market. Constructing a new

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44023

portland cement plant of sufficient size commonly aware of each other’s ensure that Heidelberg and Italcementi to be competitive would likely cost over production capacities, costs, sales comply with all of their obligations $300 million and take more than five volumes, prices, and customers. The pursuant to the Consent Agreement and years to permit, design, and build; even evidence indicates that the merging to keep the Commission informed about the expansion of an existing facility firms already closely monitor the status of the transfer of the rights would likely cost hundreds of millions competitors’ cement pricing and sales, and assets to appropriate purchasers. of dollars and take four or more years which facilitates coordination. The purpose of this analysis is to to complete. Building competitive facilitate public comment on the The Consent Agreement cement distribution terminals is also Consent Agreement, and it is not difficult and time consuming. It can take The proposed Consent Agreement intended to constitute an official more than two years to acquire a eliminates the competitive concerns interpretation of the proposed Decision suitable location, obtain the necessary raised by Heidelberg’s proposed and Order or to modify its terms in any permits, and complete construction of a acquisition of Italcementi by requiring way. the divestiture of one party’s cement competitive terminal in the relevant By direction of the Commission. markets. Given the difficulties of entry, operations in each of the relevant Donald S. Clark, it is unlikely that any new entry could markets. Italcementi is required to be accomplished in a timely manner in divest a cement plant in Martinsburg, Secretary. the relevant markets to defeat a likely West Virginia, including its quarry and [FR Doc. 2016–15859 Filed 7–5–16; 8:45 am] price increase caused by the proposed all other related assets, together with up BILLING CODE 6750–01–P acquisition. to ten cement distribution terminals in Maryland, Virginia, Pennsylvania, and Effects of the Acquisition Ohio, to a Commission-approved buyer DEPARTMENT OF DEFENSE Unless remedied, the proposed or buyers, at no minimum price, within merger would likely result in harm to 120 days of closing of the proposed GENERAL SERVICES competition in each of the relevant transaction. Furthermore, Heidelberg is ADMINISTRATION portland cement markets. Those markets required to divest its distribution are already highly concentrated. By terminal in Solvay, New York, and all NATIONAL AERONAUTICS AND reducing the number of significant related assets to the Commission- SPACE ADMINISTRATION competitors, the merger would result in approved buyer of the Martinsburg [OMB Control No. 9000–0115; Docket 2016– an effective duopoly in each relevant Assets, in order to remedy the 0053; Sequence 24] market. As explained below, the competitive effects of the proposed evidence shows that absent the required acquisition in the Syracuse market. Submission for OMB Review; divestitures, the merger would likely Finally, Essroc must divest its cement Notification of Ownership Changes both produce unilateral and coordinated distribution terminal in Indianapolis effects in the relevant markets. and all related assets to Cemex within AGENCY: Department of Defense (DOD), For many customers in the relevant ten days of the closing of the proposed General Services Administration (GSA), markets, the parties are the two most transaction to remedy the competitive and National Aeronautics and Space proximate suppliers, and other rival effects of the proposed acquisition in Administration (NASA). cement suppliers are more distant and the Indianapolis market. ACTION: Notice of request for public thus have higher shipping costs. The The Commission’s goal in evaluating comments regarding an extension to an merger would likely force these possible purchasers of divested assets is existing OMB clearance. customers to pay higher prices by to maintain the competitive eliminating their ability to play one environment that existed prior to the SUMMARY: Under the provisions of the party off against the other in individual proposed acquisition. If the Commission Paperwork Reduction Act, the negotiations to obtain better cement determines that any of the identified Regulatory Secretariat Division will be prices. After the acquisition, the merged buyers is not an acceptable acquirer, the submitting to the Office of Management party could effectively target customers proposed Order requires the parties to and Budget (OMB) a request to review for whom the merged parties are the divest the assets to a Commission- and approve an extension of a nearest competitors with price approved acquirer within ninety days of previously approved information increases. The merged party could also the Commission notifying the parties collection requirement concerning target customers that prefer to buy that the proposed acquirer is not notification of ownership changes. cement from multiple sources to protect acceptable. If the Commission DATES: Submit comments on or before against supply disruptions with price determines that the manner in which August 5, 2016. increases because the merger would any divestiture was accomplished is not ADDRESSES: Submit comments regarding leave such customers with only two acceptable, the Commission may direct this burden estimate or any other aspect significant suppliers. the parties, or appoint a divestiture of this collection of information, The proposed transaction is also trustee, to effect such modifications as including suggestions for reducing this likely to enhance the likelihood of may be necessary to satisfy the burden to: Office of Information and coordinated interaction by reducing the requirements of the Order. Regulatory Affairs of OMB, Attention: number of significant suppliers in The Consent Agreement also contains Desk Officer for GSA, Room 10236, relevant markets that are already an Order to Maintain Assets to protect NEOB, Washington, DC 20503. vulnerable to coordination. The relevant the viability, marketability, and Additionally submit a copy to GSA by markets are vulnerable because they are competitiveness of the divestiture asset any of the following methods: highly concentrated; cement is a packages until the assets are divested to • Regulations.gov: http:// homogenous product; and sales are a buyer or buyers approved by the www.regulations.gov. Submit comments small, frequent, and usually not made Commission. via the Federal eRulemaking portal by pursuant to long-term contracts. The To ensure compliance with the searching the OMB control number. markets also exhibit a high degree of proposed Order, the Commission has Select the link ‘‘Submit a Comment’’ transparency: competitors are agreed to appoint an Interim Monitor to that corresponds with ‘‘Information

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44024 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Collection 9000–0115, Notification of information is accurate, and based on DATES: Written comments must be Ownership Changes’’. Follow the valid assumptions and methodology; received on or before September 6, instructions provided at the ‘‘Submit a ways to enhance the quality, utility, and 2016. Comment’’ screen. Please include your clarity of the information to be ADDRESSES: You may submit comments, name, company name (if any), and collected; and ways in which we can identified by Docket No. CDC–2016– ‘‘Information Collection 9000–0115, minimize the burden of the collection of 0060 by any of the following methods: Notification of Ownership Changes’’ on information on those who are to Federal eRulemaking Portal: your attached document. respond, through the use of appropriate Regulations.gov. Follow the instructions • Mail: General Services technological collection techniques or for submitting comments. Administration, Regulatory Secretariat other forms of information technology. Mail: Jeffrey M. Zirger, Information Division (MVCB), 1800 F Street NW., Obtaining Copies of Proposals: Collection Review Office, Centers for Washington, DC 20405–0001. ATTN: Requesters may obtain a copy of the Disease Control and Prevention, 1600 Ms. Flowers/IC 9000–0115, Notification information collection documents from Clifton Road NE., MS–D74, Atlanta, of Ownership Changes. the General Services Administration, Georgia 30329. Instructions: Please submit comments Regulatory Secretariat Division (MVCB), Instructions: All submissions received only and cite Information Collection 1800 F Street NW., Washington, DC must include the agency name and 9000–0115, Notification of Ownership 20405, telephone 202–501–4755. Please Docket Number. All relevant comments Changes, in all correspondence related cite OMB Control No. 9000–0115, received will be posted without change to this collection. Comments received Notification of Ownership Changes, in to Regulations.gov, including any generally will be posted without change all correspondence. personal information provided. For to http://www.regulations.gov, including Dated: June 29, 2016. access to the docket to read background any personal and/or business Mahruba Uddowla, documents or comments received, go to confidential information provided. To Acting Director, Federal Acquisition Policy Regulations.gov. confirm receipt of your comment(s), Division, Office of Governmentwide Please note: All public comment please check www.regulations.gov, Acquisition Policy, Office of Acquisition should be submitted through the approximately two to three days after Policy, Office of Governmentwide Policy. Federal eRulemaking portal submission to verify posting (except [FR Doc. 2016–15925 Filed 7–5–16; 8:45 am] (Regulations.gov) or by U.S. mail to the allow 30 days for posting of comments BILLING CODE 6820–EP–P address listed above. submitted by mail). FOR FURTHER INFORMATION CONTACT: To FOR FURTHER INFORMATION CONTACT: Ms. request more information on the Kathyln Hopkins, Procurement Analyst, proposed project or to obtain a copy of Office of Acquisition Policy, GSA, 202– DEPARTMENT OF HEALTH AND the information collection plan and 969–7226 or email kathyln.hopkins@ HUMAN SERVICES instruments, contact the Information gsa.gov. Collection Review Office, Centers for Centers for Disease Control and SUPPLEMENTARY INFORMATION: Disease Control and Prevention, 1600 Prevention Clifton Road NE., MS–D74, Atlanta, A. Purpose Georgia 30329; phone: 404–639–7570; [60Day–16–16AUE; Docket No. CDC–2016– Email: [email protected]. Contractors who experience a change 0060] in ownership are required to provide the SUPPLEMENTARY INFORMATION: Under the Government adequate and timely notice Proposed Information Collection Paperwork Reduction Act of 1995 (PRA) of this event, per the FAR clause at Submitted for Public Comment and (44 U.S.C. 3501–3520), Federal agencies 52.215–19, Notification of Ownership Recommendations must obtain approval from the Office of Changes. The frequency of this Management and Budget (OMB) for each information collection is variable, AGENCY: Centers for Disease Control and collection of information they conduct depending on changes in ownership. Prevention (CDC), Department of Health or sponsor. In addition, the PRA also A notice was published in the Federal and Human Services (HHS). requires Federal agencies to provide a Register at 81 FR 21871 on April 13, ACTION: Notice with comment period. 60-day notice in the Federal Register 2016. Two comments were received, but concerning each proposed collection of were irrelevant to the subject matter. SUMMARY: The Centers for Disease information, including each new One was aimed at promoting a product Control and Prevention (CDC), as part of proposed collection, each proposed for grass-roots advocacy groups. The its continuing efforts to reduce public extension of existing collection of other simply contained a greeting. burden and maximize the utility of information, and each reinstatement of government information, invites the previously approved information B. Annual Reporting Burden general public and other Federal collection before submitting the Respondents: 138. agencies to take this opportunity to collection to OMB for approval. To Responses per Respondent: 1. comment on proposed and/or comply with this requirement, we are Annual Responses: 138. continuing information collections, as publishing this notice of a proposed Hours per Response: 1.5. required by the Paperwork Reduction information collection as described Total Burden Hours: 207. Act of 1995. This notice invites below. comment on a proposed information Comments are invited on: (a) Whether C. Public Comments collection entitled ‘‘Developing the proposed collection of information Public comments are particularly Effective Messages about Excessive is necessary for the proper performance invited on: Whether this collection of Alcohol Consumption: Formative Focus of the functions of the agency, including information is necessary for the proper Groups with Adult Drinkers and whether the information shall have performance of functions of the FAR, Abstainers.’’ The CDC will use the practical utility; (b) the accuracy of the and whether it will have practical information collected to guide the agency’s estimate of the burden of the utility; whether our estimate of the development of health communication proposed collection of information; (c) public burden of this collection of messages. ways to enhance the quality, utility, and

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44025

clarity of the information to be among working-age adults ages 20–64. in developing the communication collected; (d) ways to minimize the On average, for each death due to strategy for future outreach. burden of the collection of information alcohol, an individual’s life is cut short CDC plans to collect information on respondents, including through the by 30 years. Excessive alcohol use can needed to improve understanding of use of automated collection techniques also lead to motor vehicle crashes; current knowledge, perceptions, and or other forms of information intimate partner violence; and risky attitudes related to excessive alcohol technology; and (e) estimates of capital sexual behaviors, increasing the risk of consumption. Respondents will be 72 or start-up costs and costs of operation, HIV, other sexually transmitted adults ages 21–64 years who agree to maintenance, and purchase of services infections, and unintended pregnancy. participate in focus group discussions of to provide information. Burden means Over time, excessive alcohol use can about 1.5 hours each. A total of 12 focus the total time, effort, or financial lead to alcohol dependence, liver groups are planned in three resources expended by persons to disease, high blood pressure, heart geographically diverse locations with generate, maintain, retain, disclose or attack, stroke, and certain kinds of appropriate facilities (four focus group provide information to or for a Federal cancer. Furthermore, in 2010, excessive per location). Each focus group will agency. This includes the time needed alcohol use cost the United States involve six respondents and will be to review instructions; to develop, government $249 billion, or $2.05 per guided by a professional moderator. acquire, install and utilize technology drink. Through an initial screening process, and systems for the purpose of Binge drinking (defined as four or CDC will also collect the information collecting, validating and verifying more drinks on an occasion for women needed to assess knowledge, information, processing and or five or more drinks on an occasion for perceptions, and attitudes across maintaining information, and disclosing men) accounts for more than half of the various audience segments: Those who and providing information; to train deaths and three-quarters of the engage in binge drinking, those who personnel and to be able to respond to economic costs of excessive drinking. drink but not excessively, and those a collection of information, to search More than 38 million U.S. adults binge who abstain from drinking. data sources, to complete and review drink about four times a month, The focus group discussions will be the collection of information; and to analyzed using qualitative tools and transmit or otherwise disclose the averaging eight drinks per binge. leverage a structured approach to information. However, most (90%) binge drinkers are not alcohol dependent, presenting an thematic analysis. Findings from this Proposed Project opportunity for prevention through information collection will guide the Developing Effective Messages about messages that improve voluntary CDC Alcohol Program in the Excessive Alcohol Consumption: compliance with recommended development and refinement of targeted Formative Focus Groups with Adult guidelines. States and communities can messages to effectively communicate the Drinkers and Abstainers—New— prevent binge drinking by supporting problem of excessive alcohol use, and National Center for Chronic Disease evidence-based strategies, such as those encourage support for effective Prevention and Health Promotion recommended by the Community prevention strategies. The ultimate goal (NCCDPHP), Centers for Disease Control Preventive Services Task Force; of the subsequent messaging is a and Prevention (CDC). however, these strategies are underused. reduction in binge drinking, which will Understanding the type of information in turn reduce alcohol-related injuries Background and Brief Description and messages that the larger and deaths among adults. Excessive alcohol use, including community—those who drink but not OMB approval is requested for one binge drinking, is responsible for excessively or abstain from drinking in year. Participation is voluntary and approximately 88,000 deaths in the U.S. addition to those who engage in binge there are no costs to respondents other annually—including one in 10 deaths drinking—respond to will be essential than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Adults aged 21–64 ...... Questionnaire/Screener ...... 288 1 5/60 24 Focus Group ...... 72 1 1.5 108

Total ...... 132

Jeffrey M. Zirger, DEPARTMENT OF HEALTH AND (Pub. L. 92–463), the Centers for Disease Health Scientist, Acting Chief, Information HUMAN SERVICES Control and Prevention (CDC) Collection Review Office, Office of Scientific announces the following meeting of the Integrity, Office of the Associate Director for Centers for Disease Control and aforementioned subcommittee: Science, Office of the Director, Centers for Prevention Time and Date: 8:30 a.m.–4:00 p.m. Disease Control and Prevention. EDT, August 11, 2016 Advisory Committee to the Director [FR Doc. 2016–15958 Filed 7–5–16; 8:45 am] Place: CDC, Building 19, Rooms 245– (ACD), Centers for Disease Control and BILLING CODE 4163–18–P 246, 1600 Clifton Road NE., Atlanta, Prevention—State, Tribal, Local and Georgia 30329. Territorial (STLT) Subcommittee Status: Open to the public, limited In accordance with section 10(a)(2) of only by the space available. The meeting the Federal Advisory Committee Act room accommodates approximately 20

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44026 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

people. The public is welcome to Place: Teleconference. review will be voted upon and the participate during the public comment, Status: The meeting as designated applications will be forwarded to the which is tentatively scheduled from above will be closed to the public in Center Director for consideration for 3:15 to 3:35 p.m. This meeting is also accordance with provisions set forth in funding support. available by teleconference. Please dial Section 552b(c)(4) and (6), Title 5, Agenda items are subject to change as (888) 233–0592 and enter code U.S.C., and the Determination of the priorities dictate. 33288611. Director, Management Analysis and Contact Person for More Information: Purpose: The Subcommittee will Services Office. Gwendolyn H. Cattledge, Ph.D., provide advice to the CDC Director Purpose: The Board of Scientific M.S.E.H., Deputy Associate Director for through the ACD on strategies, future Counselors makes recommendations Science, NCIPC, CDC, 4770 Buford needs, and challenges faced by State, regarding policies, strategies, objectives, Highway NE., Mailstop F–63, Atlanta, Tribal, Local and Territorial health and priorities; and reviews progress GA 30341, Telephone (770) 488–1430. agencies, and will provide guidance on toward injury prevention goals and The Director, Management Analysis opportunities for CDC. provides evidence in injury prevention- and Services Office, has been delegated Matters for Discussion: The STLT related research and programs. The the authority to sign Federal Register subcommittee members will discuss Board also provides advice on the notices pertaining to announcements of progress on implementation of ACD- appropriate balance of intramural and meetings and other committee adopted recommendations related to the extramural research, the structure, management activities, for both the health department of the future, other progress, and performance of intramural Centers for Disease Control and emerging challenges and how CDC can programs. The Board is designed to Prevention and the Agency for Toxic best support STLT health departments provide guidance on extramural Substances and Disease Registry. in the transforming health system. scientific program matters, including Elaine L. Baker, the: (1) Review of extramural research The agenda is subject to change as Director, Management Analysis and Services priorities dictate. concepts for funding opportunity Office, Centers for Disease Control and announcements; (2) conduct of Prevention. Contact Person for More Information Secondary Peer Review of extramural [FR Doc. 2016–15931 Filed 7–5–16; 8:45 am] John Auerbach, MBA, Designated research grants, cooperative agreements, BILLING CODE 4163–18–P Federal Officer, STLT Subcommittee, and contracts applications received in ACD, CDC, 4770 Buford Hwy, MS E70, response to the funding opportunity Atlanta, GA 30341, Telephone (404) announcements as it relates to the DEPARTMENT OF HEALTH AND 498–0300, Email: OSTLTSDirector@ Center’s programmatic balance and HUMAN SERVICES cdc.gov. Please submit comments to mission; (3) submission of secondary [email protected] no later than review recommendations to the Center Centers for Disease Control and August 4, 2016. Director of applications to be considered Prevention The Director, Management Analysis for funding support; (4) review of research portfolios, and (5) review of [Docket Number CDC–2016–0020, NIOSH– and Services Office, has been delegated 289] the authority to sign Federal Register program proposals. The board shall notices pertaining to announcements of provide guidance on the National Center Issuance of Final Publication: National meetings and other committee for Injury Prevention and Control’s Institute for Occupational Safety and management activities, for both the programs and research activities by Health (NIOSH) Quality Assurance Centers for Disease Control and conducting scientific peer review of Review of B Readers’ Classifications Prevention and the Agency for Toxic intramural research and programs Submitted in the Department of Labor Substances and Disease Registry. within the National Center for Injury (DOL) Black Lung Benefits Program Prevention and Control; by ensuring Elaine L. Baker, adherence to Office of Management and AGENCY: National Institute for Director, Management Analysis and Services Budget requirements for intramural peer Occupational Safety and Health Office, Centers for Disease Control and review; and by monitoring the overall (NIOSH) of the Centers for Disease Prevention. direction, focus, and success of the Control and Prevention (CDC), [FR Doc. 2016–15932 Filed 7–5–16; 8:45 am] National Center for Injury Prevention Department of Health and Human BILLING CODE 4163–18–P and Control. Services (HHS). Matters for Discussion: The BSC, ACTION: Notice of issuance of final NCIPC will meet to conduct a publication. DEPARTMENT OF HEALTH AND Secondary Peer Review of extramural HUMAN SERVICES research grant applications received in SUMMARY: The National Institute for response to two (2) Funding Occupational Safety and Health Centers for Disease Control and Opportunity Announcements (FOAs): (NIOSH) of the Centers for Disease Prevention Evaluation of Practice-based Strategies Control and Prevention (CDC) announces the availability of the Board of Scientific Counselors, from CDC’s Rape Prevention and Education (RPE) Program to Build following publication: National Institute National Center for Injury Prevention for Occupational Safety and Health and Control (BSC, NCIPC) Evidence for Primary Prevention of Sexual Violence, FOA RFA–CE–16–005; (NIOSH) Quality Assurance Review of B In accordance with Section 10(a)(2) of PHS 2014–02 Omnibus Solicitation of Readers’ Classifications Submitted in the Federal Advisory Committee Act the NIH, CDC, FDA and ACF for Small the Department of Labor (DOL) Black (Pub. L. 92–463), the Centers for Disease Business Innovation Research Grant Lung Benefits Program. Control and Prevention (CDC) Applications (Parent SBIR [R43/R44]), ADDRESSES: The document may be announces, the following meeting of the FOA PA–14–071. Applications will be obtained at the following link: http:// aforementioned committee: assessed for applicability to the Center’s www.cdc.gov/niosh/topics/ Time and Date: 1:00 p.m.–4:00 p.m., mission and programmatic balance. chestradiography/breader-blacklung- August 1, 2016 (CLOSED). Recommendations from the secondary benefits-qa-program.html.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44027

FOR FURTHER INFORMATION CONTACT: Dr. in the protection of the rights, welfare, will not affect any determination Eileen Storey, NIOSH, Respiratory and well-being of subjects involved in concerning activities by the co-sponsors Health Division, Surveillance Branch, research conducted or supported by the that are regulated by OHRP. 1095 Willowdale Road, Morgantown, U.S. Department of Health and Human The following Model Co-Sponsorship WV 26505. Telephone (304) 285–5754 Services (HHS). The OHRP is a program Agreement is presented only as an (this is not a toll-free number). office within the Office of the Assistant example. The assignment of duty and Dated: June 30, 2016. Secretary for Health, Office of the responsibilities in the Agreement will Secretary, HHS. be discussed and agreed upon with each Frank Hearl, OHRP provides clarification and co-sponsor on a case by case basis and Chief of Staff, National Institute for guidance, develops educational as applicable. Occupational Safety and Health, Centers for programs and materials, maintains Disease Control and Prevention. regulatory oversight, and provides Model Co-Sponsorship Agreement [FR Doc. 2016–15978 Filed 7–5–16; 8:45 am] advice on ethical and regulatory issues The Office for Human Research BILLING CODE 4163–19–P in biomedical and behavioral research. Protections (OHRP) and [co-sponsor] (if OHRP also supports the Secretary’s more than one co-sponsor, include all Advisory Committee on Human names followed by ‘‘jointly referred to DEPARTMENT OF HEALTH AND Research Protections (SACHRP), which as co-sponsoring institutions’’) agree to HUMAN SERVICES advises the Secretary of Health and co-sponsor an Educational Workshop Opportunity To Co-Sponsor Office for Human Services on issues of human according to the understanding Human Research Protections subject protections. expressed below: Educational Workshops Consistent with OHRP’s mission and the applicable statutory authority, 42 1. Background AGENCY: Office for Human Research U.S.C. 289, OHRP Educational The event is an OHRP Educational Protections, Office of the Assistant Workshops aim to provide clarification Workshop/Event tentatively titled, Secretary for Health, Office of the and guidance to the public on how to [title]. Secretary, Department of Health and interpret, implement, and comply with The Workshop/Event will be held on Human Services. the HHS-regulations on the protection of [Date] at [Location]. The Workshop/Event is a [half/1-day] ACTION: Notice. human subjects in research. Workshops are moderate size half-day or one-day educational outreach initiative that SUMMARY: The Office for Human events that typically accept between 120 provides education and training Research Protections (OHRP) announces and 140 attendees. focusing on the HHS policies and the opportunity for non-federal public Co-sponsors will assist with regulations on human research and private sector entities to co-sponsor workshop and agenda development, protections and their applicability. The OHRP Educational Workshops. coordination, financial management, Workshop/Event is designed for Potential co-sponsors must have an and meeting logistics in conjunction professionals engaged in human subject approved Federal-wide Assurance with with OHRP staff. research, including, but not limited to, OHRP, be recipients of HHS grants for Co-sponsors can charge registration institutional review board (IRB) chairs, human subject research, and have a fees to recover costs associated with the members and staff, investigators and demonstrated interest and experience in events; however, co-sponsors may not research staff, and institutional officials. the protection of human subjects in set registration fees at an amount higher The co-sponsoring institution for this research. Potential co-sponsors must be than necessary to recover related educational activity, [co-sponsor], has willing to participate substantively in conference expenses. Further, we expect an approved Federal-wide Assurance the co-sponsored activity. co-sponsors to be solely responsible for with OHRP and is a recipient of HHS collecting and handling any registration DATES: Requests for co-sponsorships of grants for human subject research. OHRP Educational Workshops are fees collected. OHRP has collaborated with [co- Eligibility for Co-Sponsorship: The received throughout the year at the sponsor] (if more than one co-sponsor, co-sponsoring institution must have an email address below. OHRP co-sponsors include, [co-sponsor], and others) to approved Federal-wide Assurance with a limited number of Educational develop a comprehensive agenda that OHRP and be a recipient of HHS grants Workshops with institutions each year. addresses the provisions of the HHS for human subject research. The Requests are being received for Protection of Human Subjects selected co-sponsoring organization(s) Educational Workshops that will take Regulations, 45 CFR part 46, and the shall furnish the necessary personnel, place in the fall of 2016 or beyond. ethical principles of The Belmont materials, services, and facilities to Report. ADDRESSES: Requests for co- administer its responsibility for the OHRP fulfills its mission pursuant to sponsorships should be sent to OHRP- workshop. These duties will be outlined 42 U.S.C. 289 by providing an education [email protected] with ‘‘Co-sponsorship in a co-sponsorship agreement with program where clarification and for OHRP Educational Workshops’’ in OHRP that will set forth the details of guidance with respect to ethical issues the subject field or by mail to OHRP at the co-sponsored activity, including the raised in connection with biomedical or 1101 Wootton Parkway, Suite 200, requirements that any fees collected by behavioral research involving human Rockville MD 20852. the co-sponsor shall be limited to the subjects can be addressed. This FOR FURTHER INFORMATION CONTACT: amount necessary to cover the co- workshop/event co-sponsored with [co- [email protected] or call OHRP’s sponsor’s related conference expenses. sponsor] is an important component of Division of Education and Development Co-sponsoring institutions will be the OHRP educational program for fiscal (DED) at 240–453–6900. asked to sign a Co-Sponsorship year [year]. SUPPLEMENTARY INFORMATION: Agreement with HHS. This Co- Sponsorship Agreement does not 2. Responsibilities for Developing the Description represent an endorsement by OHRP of Event The Office for Human Research the co-sponsors’ policies, positions, or OHRP and [co-sponsor] have Protections (OHRP) provides leadership activities. Additionally, this agreement collaborated, and will continue to

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44028 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

collaborate, on all phases of the HHS staff will be serving as faculty with OHRP to ensure compliance with development of the workshop/event, members and resource people. There is this paragraph. including: no attendance fee for HHS staff. 8. Records • Establishing a planning committee; [Co-sponsor] does not intend to sell • Identifying program objectives; educational materials pertaining to this Records concerning the event shall • Developing, reviewing and event. account fully and accurately for the approving the final agenda; financial commitments and • 4. Independently Sponsored Portions of expenditures of OHRP and [co-sponsor]. Preparing web-based advertising; Event and Such records shall reflect, at a • Conducting the workshop/event. [Co-sponsor] may decide to minimum, the amounts, sources, and [Co-sponsor] has or will: independently provide food for lunch uses of all funds. and/or at breaks for the workshop/event • Advertise and promote the 9. Public Availability workshop/event to achieve an attendees as a discrete portion of the attendance of around 120 or more event. The Workshop/Event agenda will This co-sponsorship agreement, as individual attendants; indicate that this portion of the event is well as the financial records described • Secure an appropriate facility for independently sponsored by [co- in paragraph 8, shall be publicly the Workshop/Event; sponsor]. OHRP staff and resources will available upon request. not be used to develop, promote, or • Provide audio-visual equipment; 10. Co-Sponsorship Guidance otherwise support this portion of the • Handle or support the collection of event. OHRP and [co-sponsor] will abide by registration fees, if any; • the legal memorandum of August 8, Provide administrative staff to 5. Fund Raising 2002, ‘‘Co-Sponsorship Guidance,’’ conduct registration, obtain [Co-sponsor] will make clear in any issued by the HHS Designated Agency accreditations for continuing education solicitation for funds to cover its share Ethics Official. units as appropriate, and handle all of the event costs that it, not OHRP, is Evaluation Criteria: After engaging in logistical support leading up to and at asking for the funds. [Co-sponsor] will exploratory discussions with potential the Workshop/Event; not imply that OHRP endorses any fund • co-sponsors, OHRP will select the co- Provide travel expenses for raising activities in connection with the sponsor or co-sponsors that would best additional academic faculty where workshop/event. [Co-sponsor] will make fulfill OHRP’s mission. Evaluation may applicable; clear to donors that any gift will go include the following criteria: • Prepare Workshop/Event materials solely toward defraying the sponsorship • Qualifications and capability to for participants as appropriate; expenses of the event, not to OHRP. fulfill co-sponsorship responsibilities; • Distribute and collect from guest • Suitability of the location of the 6. Promotional Activity speakers signed authorization forms proposed event in terms of the overall (wording and format provided by [Co-sponsor] will not use the event geographical distribution of OHRP OHRP) that permit OHRP to retain and primarily as a vehicle to sell or promote workshops; re-use speakers’ presentations as well as products or services. [Co-sponsor] will • Potential for reaching, generating, any video-recordings of the ensure that any incidental promotional and engaging adequate number of presentations obtained in the course of activity does not imply that OHRP attendees from local stakeholders; the Workshop/Event for educational endorses any of its products or services. • Availability and description of purposes; [Co-sponsor] will make reasonable facilities needed to support the • Provide OHRP with copies of guest efforts, subject to OHRP review, to workshop; speakers’ slide presentations (slides and segregate any incidental promotional • Availability of administrative any associated video-recordings) as well activity from the main activities of the support for the logistics of hosting such as video-recordings of the workshop/ event. workshops. event sessions, if any, no later than 4 Dated: June 29, 2016. months after the workshop/event; 7. Event Publicity and Endorsements • Produce and share with OHRP a [Co-sponsor] will not use the name of Karen B. DeSalvo, summary and evaluation report as well OHRP or any of its components, except Acting Assistant Secretary for Health. as the list of participants with their in factual publicity for the specific [FR Doc. 2016–16007 Filed 7–5–16; 8:45 am] email information. event. Factual publicity includes dates, BILLING CODE 4150–36–P OHRP will provide program support times, locations, purposes, agendas, to [co-sponsor], provide advertising, and fees, and speakers involved with the fund the travel of HHS staff to serve as event. Such factual publicity shall not DEPARTMENT OF HEALTH AND faculty. [Co-sponsor] will be responsible imply that the involvement of OHRP in HUMAN SERVICES the event serves as an endorsement of for all other costs of the workshop/ Opportunity To Co-Sponsor Office for the general policies, activities, or event. Human Research Protections products of [co-sponsor] where Research Community Forums 3. Registration Fees and Other Charges confusion could result, publicity should [Co-sponsor] has established a be accompanied by a disclaimer to the AGENCY: Office for Human Research tentative registration fee schedule, i.e., effect that no endorsement by OHRP is Protections, Office of the Assistant $[XXX] for general attendees [$XXX] for intended. [Co-sponsor] will clearly state Secretary for Health, Office of the early registration. These registration fees on the agenda that OHRP did not Secretary, Department of Health and are no higher than necessary for [co- provide funding for the breaks and Human Services. sponsor] to recover its share of the costs lunch at the forum. [Co-sponsor] will ACTION: Notice. for co-sponsoring this event and may be state on the agenda which organization lowered, as the arrangements for the provided the funding for the breaks and SUMMARY: The Office for Human workshop/event are made and expenses lunch at the forum. [Co-sponsor] will Research Protections (OHRP) announces are incurred. clear all publicity materials for the event the opportunity for non-federal public

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44029

and private sector entities to co-sponsor on the interpretation and application of The forum will be held on [Date] at OHRP Research Community Forums HHS regulations and policies. OHRP [Location]. (RCFs). Potential co-sponsors must have will provide a small co-sponsoring The Forum is a 2-day educational an approved Federal-wide Assurance financial contribution to support the outreach initiative that provides a 1-day with OHRP, be recipients of HHS grants RCF. conference focusing on ethical and for human subject research, and have a Co-sponsors will assist with regulatory issues pertaining to hot- demonstrated interest and experience in conference and agenda development, button or topical matter in human the protection of human subjects in coordination, financial management, research protections, and a 1-day research. Potential co-sponsors must and meeting logistics in conjunction interactive workshop focusing on the also be capable of sponsoring and with OHRP staff. HHS regulations and policies on human managing various discrete sessions or Co-sponsors can charge registration research protections and their events associated with the RCF and be fees to recover costs associated with the applicability. The Forum features willing to participate substantively in events; however, co-sponsors may not distinguished faculty members from the co-sponsored activity. set registration fees at an amount higher academia and the Federal Government. DATES: Requests for co-sponsorships of than necessary to recover related It is designed for professionals engaged RCFs are received throughout the year at conference expenses. Further, we expect in or who have interest in the protection the address below. OHRP expects to co- co-sponsors to be solely responsible for of human subjects in research. These sponsor up to four RCFs each year. collecting and handling any registration may include bioethicists, academics, Requests are being received for RCFs fees collected. institutional review board (IRB) chairs, that will take place in 2018 or beyond. Eligibility for Co-Sponsorship: The co- members and staff, investigators and ADDRESSES: Requests for co- sponsoring institution must have an research staff, and institutional officials. sponsorships should be sent to OHRP- approved Federal-wide Assurance with The co-sponsoring institution for this [email protected] with ‘‘Co-sponsorship OHRP and be a recipient of HHS grants educational event, [co-sponsor], has an for OHRP RCFs’’ in the subject field or for human subject research. The approved Federal-wide Assurance with by mail to OHRP at 1101 Wootton selected co-sponsoring organization(s) OHRP and is a recipient of HHS grants Parkway, Suite 200, Rockville MD shall furnish the necessary personnel, for human subject research. OHRP has 20852. materials, services, and facilities to collaborated with [co-sponsor] (if more than one co-sponsor, include: ‘‘, [co- SUPPLEMENTARY INFORMATION: administer its responsibility for the conference. These duties will be sponsor], and others.’’) to develop a Description outlined in a co-sponsorship agreement comprehensive agenda that addresses the provisions of the HHS Protection of The Office for Human Research with OHRP that will set forth the details Human Subjects Regulations, 45 CFR Protections (OHRP) provides leadership of the co-sponsored activity, including part 46, and the ethical principles of in the protection of the rights, welfare, the requirements that any fees collected The Belmont Report. and well-being of subjects involved in by the co-sponsor shall be limited to the OHRP fulfills its mission, pursuant to research conducted or supported by the amount necessary to cover the co- 42 U.S.C. 289, by providing an U.S. Department of Health and Human sponsor’s related conference expenses. education program where clarification Services (HHS). The OHRP is a program Co-sponsoring institutions will be and guidance with respect to ethical office within the Office of the Assistant asked to sign a Co-Sponsorship issues raised in connection with Secretary for Health, Office of the Agreement with HHS. This Co- biomedical or behavioral research Secretary, HHS. Sponsorship Agreement does not OHRP provides clarification and represent an endorsement by OHRP of involving human subjects can be guidance, develops educational the co-sponsors’ policies, positions, or addressed. This forum co-sponsored programs and materials, maintains activities. Additionally, this Agreement with [co-sponsor] is an important regulatory oversight, and provides will not affect any determination component of the OHRP educational advice on ethical and regulatory issues concerning activities by the co-sponsors program for fiscal year [year]. in biomedical and behavioral research. that are regulated by OHRP. 2. Responsibilities for Developing the OHRP also supports the Secretary’s The following Model Co-Sponsorship Event Advisory Committee on Human Agreement is presented only as an OHRP and [Co-sponsor] have Research Protections (SACHRP), which example. The assignment of duty and collaborated, and will continue to advises the Secretary of Health and responsibilities in the Agreement will collaborate, on all phases of event Human Services on issues of human be discussed and agreed upon with each planning, including: subject protections. o-sponsor on a case by case basis and as • Establishing a planning committee; Consistent with OHRP’s mission and applicable. • Identifying program objectives; the applicable statutory authority, 42 • Model Co-Sponsorship Agreement Developing, reviewing and U.S.C. 289, the Research Community approving the final agenda; and Forum (RCF) provides an educational The Office for Human Research • Preparing web-based advertising. opportunity to discuss with the public Protections (OHRP) and [co-sponsor] (if [Co-sponsor] has or will: and to provide clarification and more than one co-sponsor, include all • Create an event Web site; guidance regarding contemporary names followed by ‘‘jointly referred to • Secure a facility for the Forum ethical issues in the protection of as co-sponsoring institutions’’) agree to (conference and workshop); human research participants. The co-sponsor a Research Community • Provide audio-visual equipment; Research Community Forum (RCF) Forum according to the understanding • Arrange for professional video- consists of two educational activities: A expressed below: recording of presentation(s) by 1-day conference (RCF–C) focused on speaker(s) [XXX] at OHRP’s request; 1. Background ethical concerns and regulatory issues • Handle or support the collection of pertaining to contemporary issues in The event is an OHRP Research registration fees; human research protections, and a 1-day Community Forum (RCF) tentatively • Provide administrative staff to interactive workshop (RCF–W) focused titled, [Title]. develop the program, conduct

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44030 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

registration, obtain accreditations for raising activities in connection with the sponsor or co-sponsors that would best continuing education units as Forum. [Co-sponsor] will make clear to fulfill OHRP’s mission. Evaluation may appropriate and handle all logistical donors that any gift will go solely include the following criteria: support leading up to and at the forum; toward defraying the sponsorship • Qualifications and capability to • Provide travel expenses for expenses of the event, not to OHRP. fulfill co-sponsorship responsibilities; additional academic faculty; • Suitability of the location of the • Duplicate all forum materials and 6. Promotional Activity proposed event in terms of the overall prepare participant notebook as [Co-sponsor] will not use the event geographical distribution of OHRP– appropriate; primarily as a vehicle to sell or promote RCFs; • Distribute and collect from speakers products or services. [Co-sponsor] will • Interests in human research signed authorization forms (wording ensure that any incidental promotional protections that complement and and format provided by OHRP) that activity does not imply that OHRP promote OHRP’s interests and agenda; permit OHRP to retain and re-use endorses any of its products or services. • Creativity and innovations related speakers’ presentations as well as any [Co-sponsor] will make reasonable to the human research protections video recordings of the presentations efforts, subject to OHRP review, to topics proposed to cover; obtained in the course of the Forum for segregate any incidental promotional • Creativity in enhancing the educational purposes; activity from the main activities of the conference, including ideas for • Provide OHRP with copies of the event. improving the event based on prior speakers’ slide presentations (slides and RCFs; 7. Event Publicity and Endorsements • any associated video recordings), as Potential for reaching, generating, well as any video-recordings of [Co-sponsor] will not use the name of and engaging attendees from diverse key conference presentations obtained in the OHRP or any of its components, except stakeholders; • course of the Forum, no later than 4 in factual publicity for the specific Availability and description of event. Factual publicity includes dates, facilities needed to support the RCF; months after the RCF; • • Produce and share with OHRP a times, locations, purposes, agendas, Availability of administrative summary and evaluation report as well fees, and speakers involved with the expertise, experience, and support as the list of participants with their event. Such factual publicity shall not (including accounting and event email information. imply that the involvement of OHRP in management) for the logistics of hosting the event serves as an endorsement of events of a similar scale. 3. Registration Fees and Other Charges the general policies, activities, or FOR FURTHER INFORMATION CONTACT: [Co-sponsor] has established a products of [co-sponsor]; where [email protected] or call OHRP’s tentative registration fee schedule, confusion could result, publicity should Division of Education and Development $[Amount] for the 1-day conference; be accompanied by a disclaimer to the (DED) at 240–453–6900. $[Amount] for the 1-day workshop; and effect that no endorsement by OHRP is Dated: June 29, 2016. $[Amount] when registering for both intended. [Co-sponsor] will clearly state Karen DeSalvo, conference and workshop. These on the agenda that OHRP did not Acting Assistant Secretary for Health. registration fees are no higher than provide funding for the breaks and [FR Doc. 2016–16004 Filed 7–5–16; 8:45 am] necessary for [co-sponsor] to recover its lunch at the forum. [Co-sponsor] will share of the costs for co-sponsoring this state on the agenda which organization BILLING CODE 4150–36–P event and may be lowered, as the provided the funding for the breaks and arrangements for the forum event are lunch at the forum. [Co-sponsor] will DEPARTMENT OF HEALTH AND made and expenses are incurred. clear all publicity materials for the event HUMAN SERVICES HHS staff will be serving as faculty with OHRP to ensure compliance with members and resource people. There is this paragraph. Indian Health Service no attendance fee for HHS staff. 8. Records [Co-sponsor] does not intend to sell Request for Public Comment: 60-Day educational materials pertaining to this Records concerning the event shall Information Collection: Application for event. account fully and accurately for the Participation in the IHS Scholarship financial commitments and 4. Independently Sponsored Portions of Program expenditures of OHRP and [co-sponsor]. Event Such records shall reflect, at a AGENCY: Indian Health Service, HHS. [Co-sponsor] may decide to minimum, the amounts, sources, and ACTION: Notice and request for independently provide food for lunch uses of all funds. comments. Request for extension of and/or at breaks for the Workshop/Event approval. attendees as a discrete portion of the 9. Public Availability event. The workshop/event agenda will This co-sponsorship agreement, as SUMMARY: In compliance the Paperwork indicate that this portion of the event is well as the financial records described Reduction Act of 1995, the Indian independently sponsored by [co- in paragraph 8, shall be publicly Health Service (IHS) invites the general sponsor]. OHRP staff and resources will available upon request. public to comment on the information not be used to develop, promote, or collection titled, ‘‘Application for 10. Co-sponsorship Guidance otherwise support this portion of the Participation in the IHS Scholarship event. OHRP and [co-sponsor] will abide by Program,’’ Office of Management and the legal memorandum of August 8, Budget (OMB) Control No. 0917–0006. 5. Fund Raising 2002, ‘‘Co-Sponsorship Guidance,’’ IHS is requesting OMB to approve an [Co-sponsor] will make clear in any issued by the HHS Designated Agency extension for this collection, which solicitation for funds to cover its share Ethics Official. expires on September 30, 2016. of the event costs that it, not OHRP, is Evaluation Criteria: After engaging in DATES: Comment Due Date: September asking for the funds. [Co-sponsor] will exploratory discussions with potential 6, 2016. Your comments regarding this not imply that OHRP endorses any fund co-sponsors, OHRP will select the co- information collection are best assured

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44031

of having full effect if received within comment was received in response to The IHS Scholarship Branch needs this 60 days of the date of this publication. the notice. The purpose of this notice is information for program administration ADDRESSES: Send your written to allow 60 days for public comment. A and uses the information to: solicit, comments, requests for more copy of the supporting statement is process, and award IHS Pre-graduate, information on the collection, or available at www.regulations.gov (see Preparatory, and/or Health Professions requests to obtain a copy of the data Docket ID IHS–2016–0005). Scholarship recipients; monitor the collection instrument and instructions Information Collection: Title: academic performance of recipients; and to Mr. Robert Pittman by one of the ‘‘Application for Participation in the to place recipients at payback sites. The following methods: IHS Scholarship Program,’’ OMB IHSSP application is electronically • Mail: Robert E. Pittman, BPharm, Control No. 0917–0006. Type of available on the internet at the IHS Web Information Collection Request: MPH, Acting Chief, Scholarship Branch site at: https://www.ihs.gov/scholarship/ Extension of the currently approved Director, Division of Health Professions applynow/. Affected Public: Individuals, information collection ‘‘Application for Support, Indian Health Service, 5600 not-for-profit institutions and State, Participation in the IHS Scholarship Fishers Lane, Mail Stop: OHR 11E53A, local or Tribal Governments. Type of Program,’’ OMB Control No. 0917–0006. Rockville, MD 20857. Respondents: Students pursuing health • Phone: (301) 443–6197. Form Number(s): IHS–856–3, IHS–856– • Email: [email protected]. 5 through 856–19, IHS–856–21 through care professions. • Fax: 301–443–6048. 856–24, IHS–817, and IHS–818 are The table below provides: Types of SUPPLEMENTARY INFORMATION: This retained for use by the IHS Scholarship data collection instruments, Estimated previously approved information Program (IHSSP) as part of this current number of respondents, Number of collection project was last published in information collection request. responses per respondent, Annual the Federal Register (78 FR 49532) on Reporting forms are found on the IHS number of responses, Average burden August 14, 2013 and allowed 30 days Web site at www.ihs.gov/scholarship. hour per response, and Total annual for public comment. No public Need and Use of Information Collection: burden hours.

Number Responses Total Burden Annual Data collection instrument(s) of per annual hour per burden respondents respondent response response * hours

Faculty/Employer Evaluation (IHS–856–3) ...... 1,500 2 3,000 0.42 (25 min) .... 1,250 Delinquent Federal Debt (IHS–856–5) ...... 1,500 1 1,500 0.13 (8 min) ...... 200 Course Curriculum Verification (IHS–856–6) ...... 1,500 1 1,500 0.70 (42 min) .... 1,050 Verification of Acceptance or Decline of Award (IHS–856–7) ...... 350 1 350 0.13 (8 min) ...... 47 Recipient’s Initial Program Progress Report (IHS–856–8) ...... 1,200 1 1,200 0.13 (8 min) ...... 160 Notification of Academic Problem (IHS–856–9) ...... 50 1 50 0.13 (8 min) ...... 7 Change of Status (IHS–856–10) ...... 50 1 50 .045 (25 min) .... 21 Request for Approval of Deferment (IHS–856–11) ...... 20 1 20 0.13 (8 min) ...... 3 Preferred Placement (IHS–856–12) ...... 150 1 150 0.50 (30 min) .... 75 Notice of Impending Graduation (IHS–856–13) ...... 120 1 120 0.17 (10 min) .... 20 Notification of Deferment Program (IHS–856–14) ...... 20 1 20 0.13 (8 min) ...... 3 Placement Update (IHS–856–15) ...... 120 1 120 0.18 (11 min) .... 22 Annual Status Report (IHS–856–16) ...... 200 1 200 0.25 (15 min) .... 50 Extern Site Preference Request (IHS–856–17) ...... 300 1 300 0.13 (8 min) ...... 40 Request for Extern Travel Reimbursement (IHS–856–18) ...... 150 1 150 0.10 (6 min) ...... 15 Lost Stipend Payment (IHS–856–19) ...... 50 1 50 0.13 (8 min) ...... 7 Summer School Request (IHS–856–21) ...... 100 1 100 0.10 (6 min) ...... 10 Change of Name or Address (IHS–856–22) ...... 20 1 20 0.13 (8 min) ...... 3 Request for Credit Validation (IHS–856–23) ...... 30 1 30 0.10 (6 min) ...... 3 Faculty/Advisor Evaluation (IHS–856–24) ...... 1,500 2 3,000 0.42 (25 min) .... 1,250 Scholarship Program Agreement (IHS–817) ...... 175 1 175 0.16 (10 min) .... 29 Health Professions Contract (IHS–818) ...... 225 1 225 0.16 (10 min) .... 38

Total ...... 12,580 ...... 4,303 * For ease of understanding, burden hours are also provided in actual minutes.

There are no direct costs to (a) Whether the information collection (e) ways to enhance the quality, respondents other than their time to activity is necessary to carry out an utility, and clarity of the information voluntarily complete the forms and agency function; being collected; and submit them for consideration. The (b) whether the agency processes the (f) ways to minimize the public estimated cost in time to respondents, as information collected in a useful and burden through the use of automated, a group, is $46,386 [4,303 burden hours timely fashion; electronic, mechanical, or other × $10.78 per hour (2016 GS–3 hourly technological collection techniques or base pay rate)]. This total dollar amount (c) the accuracy of the public burden is based upon the number of burden estimate (the estimated amount of time other forms of information technology. hours per data collection instrument, needed for individual respondents to Comment Due Date: Comments rounded to the nearest dollar. provide the requested information); regarding this information collection are Requests for Comments: Your written (d) whether the methodology and best assured of having full effect if comments and/or suggestions are assumptions used to determine the received within 60 days of the date of invited on one or more of the following estimates are logical; this publication. points:

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44032 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Dated: June 24, 2016. epitopes that are sterically hindered Contact Information: Requests for Elizabeth A. Fowler, from recognition by larger antibodies, copies of the patent application or Deputy Director for Management Operations, but without loss of specificity in inquiries about licensing, research Indian Health Service. antigen-binding. collaborations, and co-development [FR Doc. 2016–16008 Filed 7–5–16; 8:45 am] Researchers at the National Cancer opportunities should be sent to John D. BILLING CODE 4165–16–P Institute’s Laboratory of Molecular Hewes, Ph.D., email: john.hewes@ Biology (NCI LMB) have developed an nih.gov. immunological platform that includes DEPARTMENT OF HEALTH AND the development of a shark V–NAR Dated: June 28, 2016. HUMAN SERVICES antibody phage display library, isolation John D. Hewes, of specific antibodies that bind to Technology Transfer Specialist, Technology National Institutes of Health several tumor and viral antigens from Transfer Center, National Cancer Institute. the library, and the development of the [FR Doc. 2016–15898 Filed 7–5–16; 8:45 am] Government-Owned Inventions; specific antibodies for treatment of BILLING CODE 4140–01–P Availability for Licensing cancer or viral infection. Specific AGENCY: National Institutes of Health, antibody targets for binders include HHS. tumor-specific antigens (GPC3 [Clone DEPARTMENT OF HEALTH AND F1], PD1 [Clone A1], HER2 [Clones A6/ ACTION: Notice. HUMAN SERVICES A7]), and viral antigens (MERS [Clones SUMMARY: The invention listed below is A3, A7, A8, B4, and B5] and SARS National Institutes of Health co-owned by an agency of the U.S. [Clone O1]). Government and is available for Anti-glypican 3 (GPC3) V–NAR, Clone National Institute of Allergy and licensing and/or co-development in the F1, is an antibody of immediate interest Infectious Diseases; Notice of Closed U.S. in accordance with 35 U.S.C. 209 since it has already shown specific Meeting and 37 CFR part 404 to achieve binding to GPC3-expressing tumor cells expeditious commercialization of in vitro. Thus, anti-GPC3 V–NAR Pursuant to section 10(d) of the results of federally-funded research and represents a viable candidate for Federal Advisory Committee Act, as development. Foreign patent development of an antibody-toxin/drug amended (5 U.S.C. App.), notice is conjugate (ADC and immunotoxin), a applications are filed on selected hereby given of the following meeting. inventions to extend market coverage bispecific antibody or a chimeric antigen receptor (CAR) against GPC3- The meeting will be closed to the for companies and may also be available public in accordance with the for licensing and/or co-development. expressing tumor cells. Potential Commercial Applications: provisions set forth in sections ADDRESSES: Invention Development and • Therapeutic Uses 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Marketing Unit, Technology Transfer Æ Use as unconjugated antibodies as amended. The grant applications and Center, National Cancer Institute, 9609 Æ Use as targeting moieties for the discussions could disclose Medical Center Drive, Mail Stop 9702, immunoconjugates such as CARs, confidential trade secrets or commercial Rockville, MD 20850–9702. ADCs, Immunoconjugates, bispecific property such as patentable material, FOR FURTHER INFORMATION CONTACT: antibodies, etc. and personal information concerning Information on licensing and co- • Diagnostic agent for detecting and individuals associated with the grant development research collaborations, monitoring target-expressing applications, the disclosure of which and copies of the U.S. patent malignancies applications listed below may be Value Proposition: would constitute a clearly unwarranted • obtained by contacting: Attn. Invention Potential to be first to market with invasion of personal privacy. Development and Marketing Unit, high specificity and binding to targets Name of Committee: National Institute of Technology Transfer Center, National resulting in less non-specific cell Allergy and Infectious Diseases Special Cancer Institute, 9609 Medical Center killing, therefore fewer potential side- Emphasis Panel; Opportunities for effects for the patient Drive, Mail Stop 9702, Rockville, MD • Collaborative Research at the NIH Clinical 20850–9702, Tel. 240–276–5515 or Small size of antibodies enhances Center (U01). email [email protected]. A stability, solubility, and target Date: August 2, 2016. signed Confidential Disclosure recognition Time: 10:00 a.m. to 5:00 p.m. Development Stage: Agreement may be required to receive • Agenda: To review and evaluate grant In-vitro data—Shark/Human anti- applications. copies of the patent applications. GPC3 chimera can bind to GPC3- SUPPLEMENTARY INFORMATION: Place: National Institutes of Health, 5601 positive tumor cells Fishers Lane, Rockville, MD 20892 Technology description follows. • In-vivo testing Title of Invention: Shark Antibodies Inventor(s): Mitchell Ho (NCI), et al. (Telephone Conference Call). that Target Tumor and Viral Antigens. Intellectual Property: US Provisional Contact Person: Frank S. De Silva, Ph.D., Description of Technology: Shark V– Application 62/334,194 (HHS Reference Scientific Review Officer, Scientific Review NAR (Variable New Antigen Receptor) No. E–113–2016/0–US–01) filed May Program, Division of Extramural Activities, antibodies are an emerging class of 10, 2016 entitled ‘‘Variable New Room #3E72A National Institutes of Health/ therapeutic candidates. As single Antigen Receptor (VNAR) Antibodies NIAID, 5601 Fishers Lane, MSC 9823, domain (heavy chain) antibodies with and Antibody Conjugates Targeting Rockville, MD 20892–9823, (240) 669–5023, an extensive antigen-binding repertoire, Tumor and Viral Antigens’’. [email protected]. shark V–NAR antibodies may provide Collaboration Opportunity: (Catalogue of Federal Domestic Assistance advantages over traditional antibodies. Researchers at the NCI seek parties Program Nos. 93.855, Allergy, Immunology, Specifically, the smaller size of shark V– interested in licensing or co-developing and Transplantation Research; 93.856, NAR antibodies may provide increased shark V–NAR antibodies and/or Microbiology and Infectious Diseases solubility, thermal stability, refolding conjugates for cancer therapeutics and/ Research, National Institutes of Health, HHS) capacity, and the ability to recognize or diagnostics.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44033

Dated: June 29, 2016. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Natasha M. Copeland, HUMAN SERVICES HUMAN SERVICES Program Analyst, Office of Federal Advisory Committee Policy. National Institutes of Health National Institutes of Health [FR Doc. 2016–15883 Filed 7–5–16; 8:45 am] National Center for Advancing Center for Scientific Review; Notice of BILLING CODE 4140–01–P Translational Sciences (NCATS); Closed Meetings Notice of Organizational Change Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND SUMMARY: The National Center for Federal Advisory Committee Act, as HUMAN SERVICES Advancing Translational Sciences amended (5 U.S.C. App.), notice is hereby given of the following meetings. National Institutes of Health (NCATS), of the National Institutes of Health (NIH), is seeking public The meetings will be closed to the Center for Scientific Review; Notice of comment regarding its proposal to public in accordance with the Closed Meeting reorganize its Office of Policy, provisions set forth in sections Communications, and Strategic 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the Alliances. as amended. The grant applications and Federal Advisory Committee Act, as the discussions could disclose amended (5 U.S.C. App.), notice is DATES: Any interested person may file confidential trade secrets or commercial hereby given of the following meeting. written comments by sending an email property such as patentable material, to [email protected] by and personal information concerning The meeting will be closed to the July 22, 2016. The statement should individuals associated with the grant public in accordance with the include the individual’s name, and applications, the disclosure of which provisions set forth in sections when applicable, professional would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., affiliation. NCATS will respond to invasion of personal privacy. as amended. The grant applications and comments by email no later than July the discussions could disclose Name of Committee: Center for Scientific 29, 2016. confidential trade secrets or commercial Review Special Emphasis Panel; Fellowship: Infectious Diseases and Microbiology. property such as patentable material, ADDRESSES: The following email address Date: July 28–29, 2016. and personal information concerning has been established for questions and/ Time: 8:00 a.m. to 6:00 p.m. individuals associated with the grant or comments on the reorganization: Agenda: To review and evaluate grant applications, the disclosure of which [email protected]. applications. would constitute a clearly unwarranted Place: Wyndham Grand Chicago FOR FURTHER INFORMATION CONTACT: invasion of personal privacy. Riverfront, 71 East Wacker Drive, Chicago, IL Nicole Martino, Management Analyst, Name of Committee: Center for Scientific 60601. National Center for Advancing Contact Person: Alexander D. Politis, Review Special Emphasis Panel; Topics in Translational Sciences, Ph.D., Scientific Review Officer, Center for Non-HIV Microbial Diagnostic and Detection [email protected], 301– Scientific Review, National Institutes of Research. 443–8358 Health, 6701 Rockledge Drive, Room 3210, Date: July 11, 2016. MSC 7808, Bethesda, MD 20892, (301) 435– Time: 4:00 p.m. to 5:00 p.m. SUPPLEMENTARY INFORMATION: Pursuant 1150, [email protected]. Agenda: To review and evaluate grant to section 10(a) of the Federal Advisory Name of Committee: Center for Scientific applications. Committee Act, as amended (5 U.S.C. Review Special Emphasis Panel; Review of Place: National Institutes of Health, 6701 App.), NCATS will launch public Web National Center for Advanced ESR Rockledge Drive, Bethesda, MD 20892 site information at https://ncats.nih.gov/ Technology (ACERT). (Telephone Conference Call). about/center/org/reorg on July 8, 2016, Date: August 4–6, 2016. Contact Person: Gagan Pandya, Ph.D., to encourage further public discussion Time: 8:00 a.m. to 1:00 p.m. Scientific Review Officer, National Institutes of the proposal to reorganize its Office Agenda: To review and evaluate grant of Health, Center for Scientific Review, 6701 of Policy, Communications and applications. Rockledge Drive, RM 3200, MSC 7808, Strategic Alliances. NCATS also will Place: The Statler Hotel, 130 Statler Drive, Bethesda, MD 20892, 301–435–1167, Ithaca, NY 14853. [email protected]. provide information via its Facebook Contact Person: Nuria E. Assa-Munt, Ph.D., page (https://www.facebook.com/ This notice is being published less than 15 Scientific Review Officer, Center for ncats.nih.gov) and Twitter account Scientific Review, National Institutes of days prior to the meeting due to the timing _ _ limitations imposed by the review and (https://twitter.com/ncats nih gov). The Health, 6701 Rockledge Drive, Room 4164, MSC 7806, Bethesda, MD 20892, (301) 451– funding cycle. proposal is aimed at better reflecting NCATS’ alignment and priorities while 1323, [email protected]. (Catalogue of Federal Domestic Assistance ensuring the Center remains a leader in (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; public education and community Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, involvement related to translational 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, science. 93.337, 93.393–93.396, 93.837–93.844, 93.846– 93.878, 93.892, 93.893, National 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) Dated: June 28, 2016. Institutes of Health, HHS) Dated: June 29, 2016. Keith Lamirande, Dated: June 29, 2016. David Clary, Associate Director for Administration, David Clary, Program Analyst, Office of Federal Advisory NCATS, NIH. Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2016–15865 Filed 7–5–16; 8:45 am] Committee Policy. [FR Doc. 2016–15880 Filed 7–5–16; 8:45 am] BILLING CODE 4140–01–P [FR Doc. 2016–15881 Filed 7–5–16; 8:45 am] BILLING CODE 4140–01–P BILLING CODE 4140–01–P

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4703 Sfmt 9990 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44034 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

DEPARTMENT OF HEALTH AND compared to traditional fixatives. DEPARTMENT OF HEALTH AND HUMAN SERVICES Additionally, BE70 is compatible with HUMAN SERVICES current protocols and does not alter National Institutes of Health tissue processing. In vitro an in vivo National Institutes of Health data are available and the fixative has Government-Owned Inventions; National Institute on Aging; Notice of been tested on paraffin-embedded Availability for Licensing Closed Meeting samples. AGENCY: National Institutes of Health, Pursuant to section 10(d) of the Potential Commercial Applications HHS. Federal Advisory Committee Act, as ACTION: Notice. • Improves integrity of fixed tissue amended (5 U.S.C. App.), notice is samples. hereby given of the following meeting. SUMMARY: The invention listed below is The meeting will be closed to the • owned by an agency of the U.S. Improves RNA/DNA quality in public in accordance with the Government and is available for fixed tissue samples. provisions set forth in sections licensing in the U.S. in accordance with • Non-cross linking, improves protein 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 35 U.S.C. 209 and 37 CFR part 404 to quality. as amended. The grant applications and achieve expeditious commercialization the discussions could disclose of results of federally-funded research Value Proposition confidential trade secrets or commercial and development. Foreign patent • There is substantial interest in new property such as patentable material, applications are filed on selected fixatives to replace neutral buffered and personal information concerning inventions to extend market coverage formalin (a carcinogen) as primary individuals associated with the grant for companies and may also be available applications, the disclosure of which fixative agent for surgical pathology. for licensing. would constitute a clearly unwarranted • ADDRESSES: Invention Development and BE70 overcomes several limitations invasion of personal privacy. of other fixatives, including cost and Marketing Unit, Technology Transfer Name of Committee: National Institute on Center, National Cancer Institute, 9609 disposal issues. Aging Special Emphasis Panel; Delirium Medical Center Drive, Mail Stop 9702, • Could be formulated as a Research Networks. Rockville, MD 20850–9702. concentrate, and marketed as an Date: July 29, 2016. FOR FURTHER INFORMATION CONTACT: additive (to be added during dilution of Time: 2:00 p.m. to 5:00 p.m. Agenda: To review and evaluate grant Information on licensing, and copies of ethanol). applications. the U.S. patent applications listed below Development Stage Place: National Institute on Aging, may be obtained by contacting: Attn. Gateway Building, Suite 2W200, 7201 Invention Development and Marketing In vivo data: YES. Wisconsin Avenue, Bethesda, MD 20892, Unit, Technology Transfer Center, (Telephone Conference Call). National Cancer Institute, 9609 Medical Inventor(s) Contact Person: Isis S. Mikhail, DRPH, MD, Center Drive, Mail Stop 9702, Rockville, MPH, National Institute on Aging, Gateway MD 20850–9702, Tel. 240–276–5515 or Stephen M. Hewitt (NCI), Joon-Yong Building, 7201 Wisconsin Avenue, Suite email [email protected]. A Chung (NCI), Candice D. Perry (Leidos 2W200, Bethesda, MD 20892, 301–402–7704. [email protected]. signed Confidential Disclosure Biomedical LLC). Agreement may be required to receive (Catalogue of Federal Domestic Assistance Intellectual Property Program Nos. 93.866, Aging Research, copies of the patent applications. National Institutes of Health, HHS) SUPPLEMENTARY INFORMATION: HHS Reference No. E–139–2015/0– Technology description follows. US–01 US Provisional Patent Dated: June 29, 2016. Title of Invention: Improved Fixative Application 62/255,030 (HHS Reference Melanie J. Gray, for Paraffin-Embedded Tissue Samples. No. E–139–2015/0–US–01) filed Program Analyst, Office of Federal Advisory Committee Policy. Description of Technology November 13, 2015, entitled ‘‘Fixative and Methods of Use’’. [FR Doc. 2016–15882 Filed 7–5–16; 8:45 am] Tissues samples collected during BILLING CODE 4140–01–P medical procedures, such as biopsies, Publications are used to diagnose a wide variety of Perry C, Chung JY, et al. J Histochem diseases. Before diagnosis, patient DEPARTMENT OF HEALTH AND samples are typically processed by Cytochem. 2016 May 24; E-pub [PMID: HUMAN SERVICES fixation and paraffin embedding. This 27221702]. National Institutes of Health fixation/embedding process is used to Contact Information preserve tissue morphology and National Institute on Drug Abuse; histology for subsequent evaluation. Requests for copies of the patent Notice of Closed Meeting Unfortunately, most fixative agents application or inquiries about licensing, damage or destroy nucleic acids (RNA research collaborations, and co- Pursuant to section 10(d) of the and DNA) and proteins, thereby development opportunities should be Federal Advisory Committee Act, as potentially impairing diagnostic sent to John D. Hewes, Ph.D., email: amended (5 U.S.C. App), notice is assessment of tissue. [email protected]. hereby given of the following meeting. Researchers in the National Cancer The meeting will be closed to the Dated: June 28, 2016. Institute’s Laboratory of Pathology have public in accordance with the developed an improved tissue fixative John D. Hewes, provisions set forth in sections solution that is formaldehyde-free. This Technology Transfer Specialist, Technology 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., fixative, BE70, significantly improves Transfer Center, National Cancer Institute. as amended. The grant applications and DNA, RNA, and protein biomolecule [FR Doc. 2016–15890 Filed 7–5–16; 8:45 am] the discussions could disclose integrity in histological samples BILLING CODE 4140–01–P confidential trade secrets or commercial

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44035

property such as patentable material, Place: Admiral Fell Inn, 888 South Dated: June 29, 2016. and personal information concerning Broadway, Baltimore, MD 21231. Melanie J. Gray, Contact Person: Ernest Lyons, Ph.D., individuals associated with the grant Program Analyst, Office of Federal Advisory Scientific Review Administrator, Scientific applications, the disclosure of which Committee Policy. Review Branch, NINDS/NIH/DHHS, would constitute a clearly unwarranted Neuroscience Center, 6001 Executive Blvd., [FR Doc. 2016–15879 Filed 7–5–16; 8:45 am] invasion of personal privacy. Suite 3204, MSC 9529, Bethesda, MD 20892– BILLING CODE 4140–01–P Name of Committee: National Institute on 9529, 301–496–4056, [email protected]. Drug Abuse Special Emphasis Panel; R13 This notice is being published less than 15 Conference Grant Review. days prior to the meeting due to the timing DEPARTMENT OF HOMELAND Date: July 21, 2016. limitations imposed by the review and SECURITY Time: 11:00 a.m. to 3:00 p.m. funding cycle. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Coast Guard applications. Program Nos. 93.853, Clinical Research [Docket No. USCG–2016–0106] Place: National Institutes of Health, Related to Neurological Disorders; 93.854, Neuroscience Center, 6001 Executive Biological Basis Research in the Boulevard, Rockville, MD 20852 (Virtual Neurosciences, National Institutes of Health, Collection of Information Under Meeting). HHS) Review by Office of Management and Contact Person: Susan O. McGuire, Ph.D., Budget; OMB Control Number: 1625– Scientific Review Officer, Office of Dated: June 29, 2016. 0104 Extramural Affairs, National Institute on Sylvia L. Neal, Drug Abuse, National Institutes of Health, Program Analyst, Office of Federal Advisory AGENCY: Coast Guard, DHS. DHHS, 6001 Executive Blvd., Room 4245, Committee Policy. ACTION: Thirty-day notice requesting Rockville, MD 20852, 301–435–1426, [FR Doc. 2016–15885 Filed 7–5–16; 8:45 am] comments. [email protected]. BILLING CODE 4140–01–P (Catalogue of Federal Domestic Assistance SUMMARY: In compliance with the Program Nos.: 93.279, Drug Abuse and Paperwork Reduction Act of 1995 the Addiction Research Programs, National DEPARTMENT OF HEALTH AND U.S. Coast Guard is forwarding an Institutes of Health, HHS) HUMAN SERVICES Information Collection Request (ICR), Dated: June 29, 2016. abstracted below, to the Office of Natasha M. Copeland, National Institutes of Health Management and Budget (OMB), Office Program Analyst, Office of Federal Advisory of Information and Regulatory Affairs Committee Policy. National Institute on Aging; Notice of (OIRA), requesting approval of a Closed Meeting [FR Doc. 2016–15884 Filed 7–5–16; 8:45 am] revision to the following collection of BILLING CODE 4140–01–P information: 1625–0104, Barges Pursuant to section 10(d) of the Carrying Bulk Hazardous Materials. Our Federal Advisory Committee Act, as ICR describes the information we seek amended (5 U.S.C. App.), notice is to collect from the public. Review and DEPARTMENT OF HEALTH AND hereby given of the following meeting. HUMAN SERVICES comments by OIRA ensure we only The meeting will be closed to the impose paperwork burdens National Institutes of Health public in accordance with the commensurate with our performance of provisions set forth in sections duties. National Institute of Neurological 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DATES: Comments must reach the Coast Disorders and Stroke; Notice of Closed as amended. The grant applications and Guard and OIRA on or before August 5, Meeting the discussions could disclose 2016. confidential trade secrets or commercial Pursuant to section 10(d) of the property such as patentable material, ADDRESSES: You may submit comments Federal Advisory Committee Act, as and personal information concerning identified by Coast Guard docket amended (5 U.S.C. App.), notice is individuals associated with the grant number [USCG–2016–0106] to the Coast hereby given of the following meeting. applications, the disclosure of which Guard using the Federal eRulemaking The meeting will be closed to the would constitute a clearly unwarranted Portal at http://www.regulations.gov. public in accordance with the invasion of personal privacy. Alternatively, you may submit comments to OIRA using one of the provisions set forth in sections Name of Committee: National Institute on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., following means: Aging Special Emphasis Panel; Epigenomics (1) Email: OIRA- as amended. The grant applications and of Aging. the discussions could disclose Date: July 26, 2016. [email protected]. confidential trade secrets or commercial Time: 10:00 a.m. to 1:00 p.m. (2) Mail: OIRA, 725 17th Street NW., property such as patentable material, Agenda: To review and evaluate grant Washington, DC 20503, attention Desk and personal information concerning applications. Officer for the Coast Guard. individuals associated with the grant Place: National Institute on Aging, (3) Fax: 202–395–6566. To ensure Gateway Building, Suite 2W200, 7201 applications, the disclosure of which your comments are received in a timely Wisconsin Avenue, Bethesda, MD 20892 manner, mark the fax, attention Desk would constitute a clearly unwarranted (Telephone Conference Call). invasion of personal privacy. Officer for the Coast Guard. Contact Person: Kimberly Firth, Ph.D., A copy of the ICR is available through Name of Committee: National Institute of National Institutes of Health National Institute on Aging Gateway Building, 7201 the docket on the Internet at http:// Neurological Disorders and Stroke, Special www.regulations.gov. Additionally, Emphasis Panel; Recording and Modulation Wisconsin Avenue, Suite 2C212, Bethesda, in the Human CNS. MD 20892, 301–402–7702, firthkm@ copies are available from: Commandant Date: July 1, 2016. mail.nih.gov. (CG–612), Attn: Paperwork Reduction Time: 8:00 a.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Act Manager, U.S. Coast Guard, 2703 Agenda: To review and evaluate grant Program Nos. 93.866, Aging Research, Martin Luther King Jr Ave. SE., Stop applications. National Institutes of Health, HHS) 7710, Washington, DC 20593–7710.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44036 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

FOR FURTHER INFORMATION CONTACT: We accept anonymous comments. All Dated: June 30, 2016. Contact Mr. Anthony Smith, Office of comments received will be posted Marilyn Scott-Perez, Information Management, telephone without change to http:// U.S. Coast Guard, Acting Deputy Chief 202–475–3532, or fax 202–372–8405, for www.regulations.gov and will include Information Officer. questions on these documents. any personal information you have [FR Doc. 2016–15974 Filed 7–5–16; 8:45 am] SUPPLEMENTARY INFORMATION: provided. For more about privacy and BILLING CODE 9110–04–P Public Participation and Request for the docket, you may review a Privacy Comments Act notice regarding the Federal Docket Management System in the March 24, DEPARTMENT OF HOMELAND This Notice relies on the authority of 2005, issue of the Federal Register (70 SECURITY the Paperwork Reduction Act of 1995; FR 15086). 44 U.S.C. Chapter 35, as amended. An Coast Guard OIRA posts its decisions on ICRs ICR is an application to OIRA seeking [Docket No. USCG–2016–0024] the approval, extension, or renewal of a online at http://www.reginfo.gov/public/ Coast Guard collection of information do/PRAMain after the comment period Collection of Information Under (Collection). The ICR contains for each ICR. An OMB Notice of Action Review by Office of Management and information describing the Collection’s on each ICR will become available via Budget; OMB Control Number: 1625– purpose, the Collection’s likely burden a hyperlink in the OMB Control 0065 on the affected public, an explanation of Number: 1625–0104. AGENCY: Coast Guard, DHS. the necessity of the Collection, and Previous Request for Comments other important information describing ACTION: Thirty-day notice requesting the Collection. There is one ICR for each This request provides a 30-day comments. Collection. The Coast Guard invites comment period required by OIRA. The SUMMARY: comments on whether this ICR should In compliance with the Coast Guard published the 60-day Paperwork Reduction Act of 1995 the be granted based on the Collection being notice (81 FR 15323, March 22, 2016) necessary for the proper performance of U.S. Coast Guard is forwarding an required by 44 U.S.C. 3506(c)(2). That Information Collection Request (ICR), Departmental functions. In particular, Notice elicited no comments. the Coast Guard would appreciate abstracted below, to the Office of Accordingly, no changes have been Management and Budget (OMB), Office comments addressing: (1) The practical made to the Collection. utility of the Collection; (2) the accuracy of Information and Regulatory Affairs of the estimated burden of the Information Collection Request (OIRA), requesting approval of a Collection; (3) ways to enhance the revision to the following collection of quality, utility, and clarity of Title: Barges Carrying Bulk Hazardous information: 1625–0065, Offshore information subject to the Collection; Materials. Supply Vessels—Title 46 Code of and (4) ways to minimize the burden of OMB Control Number: 1625–0104. Federal Regulation Subchapter L. Our ICR describes the information we seek the Collection on respondents, Summary: This information is needed including the use of automated to collect from the public. Review and to ensure the safe shipment of bulk comments by OIRA ensure we only collection techniques or other forms of hazardous liquids in barges. The information technology. These impose paperwork burdens requirements are necessary to ensure comments will help OIRA determine commensurate with our performance of that barges meet safety standards and to whether to approve the ICR referred to duties. ensure that barge’s crewmembers have in this Notice. DATES: Comments must reach the Coast We encourage you to respond to this the information necessary to operate Guard and OIRA on or before August 5, request by submitting comments and barges safely. 2016. related materials. Comments to Coast Need: Title 46 U.S.C. 3703 authorizes ADDRESSES: You may submit comments Guard or OIRA must contain the OMB the Coast Guard to prescribe rules identified by Coast Guard docket Control Number of the ICR. They must related to the carriage of liquid bulk number [USCG–2016–0024] to the Coast also contain the docket number of this dangerous cargoes. Title 46 CFR 151 Guard using the Federal eRulemaking request, [USCG–2016–0106], and must prescribes rules for barges carrying bulk Portal at http://www.regulations.gov. be received by August 5, 2016. liquid hazardous materials. Alternatively, you may submit Submitting Comments Forms: None. comments to OIRA using one of the following means: We encourage you to submit Respondents: Owners and operators (1) Email: OIRA-submission@ comments through the Federal of tank barges. omb.eop.gov. eRulemaking Portal at http:// Frequency: On occasion. (2) Mail: OIRA, 725 17th Street NW., www.regulations.gov. If your material Hour Burden Estimate: The estimated Washington, DC 20503, attention Desk cannot be submitted using http:// burden has increased from 28,958 hours Officer for the Coast Guard. www.regulations.gov, contact the person (3) Fax: 202–395–6566. To ensure to 40,307 hours a year. The burden in the FOR FURTHER INFORMATION your comments are received in a timely change is due to a change in the CONTACT section of this document for manner, mark the fax, attention Desk estimated annual number of new alternate instructions. Documents Officer for the Coast Guard. mentioned in this notice, and all public construction (n/c) tank barges. In the A copy of the ICR is available through comments, are in our online docket at last ICR submission, the Coast Guard the docket on the Internet at http:// http://www.regulations.gov and can be estimated approximately 160 n/c tank www.regulations.gov. Additionally, viewed by following that Web site’s barges per year. In this ICR submission, copies are available from: Commandant instructions. Additionally, if you go to the Coast Guard estimates about (CG–612), Attn: Paperwork Reduction the online docket and sign up for email 282 n/c tank barges per year. Act Manager, U.S. Coast Guard, 2703 alerts, you will be notified when Authority: The Paperwork Reduction Act Martin Luther King Jr. Ave. SE., Stop comments are posted. of 1995; 44 U.S.C. Chapter 35, as amended. 7710, Washington, DC 20593–7710.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44037

FOR FURTHER INFORMATION CONTACT: Mr. alerts, you will be notified when to 2,353 hours a year due to an increase Anthony Smith, Office of Information comments are posted. in the estimated annual number of Management, telephone 202–475–3532, We accept anonymous comments. All respondents. The change is due to the or fax 202–372–8405, for questions on comments received will be posted methodology for calculating burden these documents. without change to http:// being revised to better distinguish SUPPLEMENTARY INFORMATION: www.regulations.gov and will include between the burden elements. The last any personal information you have Information Collection Request (ICR) Public Participation and Request for provided. For more about privacy and simply estimated 304 responses per Comments the docket, you may review a Privacy respondent. This ICR presents 3 distinct This Notice relies on the authority of Act notice regarding the Federal Docket burden elements—(1) plan review and the Paperwork Reduction Act of 1995; Management System in the March 24, records submission; (2) recordkeeping & 44 U.S.C. Chapter 35, as amended. An 2005, issue of the Federal Register (70 posting/marking; and (3) alternative ICR is an application to OIRA seeking FR 15086). annual inspection submissions. This the approval, extension, or renewal of a OIRA posts its decisions on ICRs ICR also shows the difference in activity Coast Guard collection of information online at http://www.reginfo.gov/public/ level between existing OSVs and newly (Collection). The ICR contains do/PRAMain after the comment period constructed OSVs. information describing the Collection’s for each ICR. An OMB Notice of Action Authority: The Paperwork Reduction Act purpose, the Collection’s likely burden on each ICR will become available via of 1995; 44 U.S.C. Chapter 35, as amended. on the affected public, an explanation of a hyperlink in the OMB Control Number: 1625–0065. Dated: June 30, 2016. the necessity of the Collection, and Marilyn Scott-Perez, other important information describing Previous Request for Comments Acting Deputy Chief Information Officer, U.S. the Collection. There is one ICR for each This request provides a 30-day Coast Guard. Collection. comment period required by OIRA. The [FR Doc. 2016–15973 Filed 7–5–16; 8:45 am] The Coast Guard invites comments on Coast Guard published the 60-day BILLING CODE 9110–04–P whether this ICR should be granted notice (81 FR 14870, March 18, 2016) based on the Collection being necessary required by 44 U.S.C. 3506(c)(2). We for the proper performance of received one comment from a Departmental functions. In particular, DEPARTMENT OF THE INTERIOR commenter to the 60-day Notice. The the Coast Guard would appreciate comment was not related to the periodic comments addressing: (1) Che practical Fish and Wildlife Service renewal of this information collection. utility of the Collection; (2) the accuracy The comment was about the need to [FWS–R1–R–2015–N161; 1256–0000–10137– of the estimated burden of the correct outdated organizational S3] Collection; (3) ways to enhance the addresses and standards of certain quality, utility, and clarity of Kı¯lauea Point National Wildlife Refuge, materials incorporated by reference in information subject to the Collection; Kaua‘i County, HI; Comprehensive title 46 CFR subchapter L, Offshore and (4) ways to minimize the burden of Conservation Plan and Finding of No Supply Vessels. The Coast Guard will the Collection on respondents, Significant Impact for Environmental consider this comment in an ongoing including the use of automated Assessment rulemaking that will revise offshore collection techniques or other forms of supply vessel standards. information technology. These AGENCY: Fish and Wildlife Service, comments will help OIRA determine Information Collection Request Interior. ACTION: Notice of availability. whether to approve the ICR referred to Title: Offshore Supply Vessels—Title in this Notice. 46 Code of Federal Regulation SUMMARY: We, the U.S. Fish and We encourage you to respond to this Subchapter L. Wildlife Service (Service), announce the request by submitting comments and OMB Control Number: 1625–0065. availability of our comprehensive related materials. Comments to Coast Summary: Title 46 U.S.C. 3305 and conservation plan (CCP) and finding of Guard or OIRA must contain the OMB 3306 authorizes the Coast Guard to no significant impact (FONSI) for the Control Number of the ICR. They must prescribe safety regulations. Title 46 environmental assessment (EA) for also contain the docket number of this CFR subchapter L promulgates marine Kı¯lauea Point National Wildlife Refuge request, [USCG–2016–0024], and must safety regulations for offshore supply (Refuge). The CCP will guide be received by August 5, 2016. vessels (OSV). management of the Refuge for 15 years, Submitting Comments Need: The OSV posting/marking or until it is revised, and actions will be requirements are needed to provide We encourage you to submit implemented as funding becomes instructions to those onboard of actions available. comments through the Federal to be taken in the event of an eRulemaking Portal at http:// emergency. The reporting/ ADDRESSES: You may view, download, www.regulations.gov. If your material recordkeeping requirements verify or request printed or CD–ROM copies of cannot be submitted using http:// compliance with regulations without the CCP and FONSI by the following www.regulations.gov, contact the person Coast Guard presence to witness routine methods: in the FOR FURTHER INFORMATION matters, including OSVs based overseas Agency Web site: Download the CONTACT section of this document for as an alternative to Coast Guard documents at http://www.fws.gov/ alternate instructions. Documents inspection. refuge/Kilauea_Point/what_we_do/ mentioned in this notice, and all public Forms: None. planning.html. comments, are in our online docket at Respondents: Owners and operators Email: FW1PlanningComments@ http://www.regulations.gov and can be of vessels. fws.gov. Include ‘‘Kı¯lauea Point final viewed by following that Web site’s Frequency: On occasion. CCP’’ in the subject line of the message. instructions. Additionally, if you go to Hour Burden Estimate: The estimated Fax: Attn: Michael Mitchell, Acting the online docket and sign up for email burden has increased from 2,068 hours Project Leader, (808) 828–6381.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44038 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

U.S. Mail: Kaua‘i National Wildlife direction on conserving wildlife and Dated: June 6, 2016. Refuge Complex, P.O. Box 1128, their habitats, CCPs identify compatible Robyn Thorson, Kı¯lauea, HI 96754. wildlife-dependent recreational Regional Director, Portland, Oregon, U.S. Fish In-Person Viewing or Pickup: Call opportunities available to the public. and Wildlife Service. (808) 828–1413 to make an appointment We will review and update the CCP at [FR Doc. 2016–15876 Filed 7–5–16; 8:45 am] during regular business hours at the least every 15 years in accordance with BILLING CODE 4333–15–P Kı¯lauea Point National Wildlife Refuge, the Refuge Administration Act. 3500 Kı¯lauea Road, Kı¯lauea, HI 96754. Selected Alternative For more information on locations for DEPARTMENT OF THE INTERIOR viewing documents, see ‘‘Public Under the selected alternative, we Availability of Documents’’ under will expand long-term protections and Fish and Wildlife Service population and habitat enhancements SUPPLEMENTARY INFORMATION. [FWS–R6–ES–2016–N075; FOR FURTHER INFORMATION CONTACT: for migratory seabirds and the FXES1115XPSAGEG–167–FF06E13000] Michael Mitchell, Acting Project Leader, endangered ne¯ne¯ (Hawaiian goose, Kaua‘i National Wildlife Refuge Branta sandvicensis). We will restore Endangered and Threatened Wildlife Complex, P.O. Box 1128, Kı¯lauea, HI native coastal plant communities. and Plants; Enhancement of Survival 96754; phone (808) 828–1413 and fax Priority research, inventories, Permit Applications; Greater Sage- (808) 828–6381. monitoring, and other scientific Grouse Umbrella Candidate assessments will increase. SUPPLEMENTARY INFORMATION: Conservation Agreement With The majority of public use activities Assurances for Wyoming Ranch Introduction offered at the Refuge will continue to Management revolve around wildlife observation and With this notice, we finalize the CCP photography, environmental education, AGENCY: Fish and Wildlife Service, process for the Refuge. We started this and interpretation located on Kı¯lauea Interior. process through a notice in the Federal Point proper (Point) or at the Kı¯lauea ACTION: Register (74 FR 49399; September 28, Notice of availability; request Road terminus (Overlook). We will offer for comments. 2009). For more information about the guided interpretive hikes on Crater Hill, history of the Refuge, see that notice. and our outreach, environmental SUMMARY: We, the U.S. Fish and We also released the draft CCP/EA to education, and volunteer programs will Wildlife Service (Service), have received the public and requested comments be expanded. applications for enhancement of through a notice in the Federal Register To address transportation issues at the survival permits (EOS permits) under (80 FR 7876; February 12, 2015). Point and Overlook, we will implement the Endangered Species Act of 1973, as We announce our decision and the short-, medium-, and long-term amended (Act), pursuant to the Greater availability of the FONSI and the final strategies in a phased manner. The Sage-grouse Umbrella Candidate CCP in accordance with National Ka¯hili Quarry area will continue to be Conservation Agreement with Environmental Policy Act (40 CFR open 24 hours a day to some wildlife- Assurances for Wyoming Ranch 1506.6(b)) requirements. We completed dependent uses (fishing, wildlife Management (Umbrella CCAA). The an analysis of impacts on the human observation, and photography) and as permit applications, if approved, would environment in the draft CCP/EA. The public access to off-Refuge areas authorize incidental take associated CCP will guide management of the (Kı¯lauea River, Kı¯lauea Bay, and Ka¯hili with implementation of specified Refuge for 15 years, or until it is revised, Beach) for boating and other stream, individual Candidate Conservation and actions will be implemented as beach, and ocean uses. Traditional Agreements with Assurances funding becomes available. cultural practices, such as native (individual CCAAs) developed in We selected a slightly modified Hawaiian fishing at Kı¯lauea (East) Cove, accordance with the Umbrella CCAA. Alternative D for implementation. We will remain open. We invite the public to comment on the made changes and clarifications to the The Refuge will maintain current EOS permit applications described final CCP, where appropriate, to address infrastructure; however, a step-down below. The Act requires that we invite public comments we received on the Master Site Plan will be developed to public comment before issuing these draft CCP/EA. A summary of the public evaluate and detail building use and permits. comments is included in the final CCP remodeling/maintenance needs. We will with our responses. DATES: To ensure consideration, please develop a new maintenance baseyard send your written comments by August Background (e.g., storage sheds, bays, pole barns, 5, 2016. and nursery) off-Refuge. The National Wildlife Refuge System ADDRESSES: Submitting Comments: Administration Act of 1966 (16 U.S.C. Public Availability of Documents Send written comments by one of the 668dd–668ee) (Refuge Administration You can view documents at the following methods. Please specify the Act), as amended by the National following libraries: permit(s) you are commenting on by Wildlife Refuge System Improvement • Princeville Public Library, 4343 relevant number(s) (e.g., Permit No. TE– Act of 1997, requires us to develop a XXXXXX). Emmalani Dr., Princeville, HI 96722 • CCP for each national wildlife refuge. • Lı¯hu‘e Public Library, 4344 Hardy St., U.S. mail: Tyler Abbott, Wyoming The purpose for developing a CCP is to Lı¯hu‘e, HI 96766 Ecological Services Field Office (ESFO), provide refuge managers with a 15-year • Kapa‘a Public Library, 4–1464 Kuhio U.S. Fish and Wildlife Service, 5353 plan for achieving refuge purposes and Hwy., Kapa‘a, HI 96746 Yellowstone Road, Suite 308A, contributing toward the mission of the • Koloa Public Library, 3451 Poipu Rd., Cheyenne, WY 82009. National Wildlife Refuge System, Koloa, HI 96756 • Email: [email protected]. consistent with sound principles of fish • Hanapepe Public Library, 4490 Kona • Fax: Tyler Abbott, (307) 772–2358. and wildlife management, conservation, Rd., Hanapepe, HI 96716 Reviewing Documents: You may legal mandates, and our policies. In • Waimea Public Library, 9750 review copies of the enhancement of addition to outlining broad management Kaumualii Hwy., Waimea, HI 96796 survival permit applications during

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44039

regular business hours at the Wyoming properly implementing their individual Permit Application Number ESFO (see address above). You may also CCAA, we will not require any TE58909B–1 request hard copies by telephone at conservation measures with respect to Applicant: Blake Sheep Co., Carbon (307) 772–2374, ext. 231, or by letter to greater sage-grouse in addition to those and Sweetwater Counties, Wyoming. the Wyoming ESFO. Please specify the provided in the individual CCAA or permit(s) you are interested in by impose additional land, water, or Public Availability of Comments relevant number(s) (e.g., Permit No. TE– financial commitments or restrictions All comments and materials we XXXXXX). on land, water, or resource use in receive in response to these requests FOR FURTHER INFORMATION CONTACT: connection with the species. The EOS will become part of the public record, Tyler Abbott, U.S. Fish and Wildlife permit would become effective on the and will be available for public Service, (307) 772–2374, ext. 231 effective date of listing of the greater inspection, by appointment, during (phone); [email protected] (email). sage-grouse as endangered or normal business hours at the address SUPPLEMENTARY INFORMATION: threatened, and would continue through listed in the ADDRESSES section of this the end of the individual CCAA’s 20- notice. Background year term. Regulatory requirements and Before including your address, phone A Candidate Conservation Agreement issuance criteria for EOS permits number, email address, or other with Assurances is an agreement with through a CCAA are found in 50 CFR personal identifying information in your the Service in which private and other 17.22(d) and 17.32(d), as well as 50 CFR comment, you should be aware that non-Federal landowners voluntarily part 13. your entire comment, including your agree to undertake management Applications Available for Review and personal identifying information, may activities and conservation efforts on Comment be made publicly available at any time. their properties to enhance, restore, or While you can ask us in your comment maintain habitat to benefit species that We invite local, State, and Federal to withhold your personal identifying are proposed for listing under the Act, agencies and the public to comment on information from public review, we that are candidates for listing, or that the following EOS permit applications. cannot guarantee that we will be able to may become candidates. The Service The Umbrella CCAA, as well as the do so. individual CCAAs submitted with the and several State, Federal, and local Authority partners developed the Umbrella CCAA permit applications, are also available (available at http://www.fws.gov/ for review, subject to the requirements We provide this notice under section wyominges) to provide Wyoming of the Privacy Act (5 U.S.C. 552a) and 10(c) of the Act (16 U.S.C. 1539(c)). ranchers with the opportunity to Freedom of Information Act (5 U.S.C. Dated: June 17, 2016. voluntarily conserve greater sage-grouse 552). The following applicants request Michael G. Thabault, approval of EOS permits for the greater and its habitat while carrying out their Assistant Regional Director, Mountain-Prairie ranching activities. The Umbrella CCAA sage-grouse, pursuant to the Umbrella Region. CCAA, for the purpose of enhancing the was made available for public review [FR Doc. 2016–15963 Filed 7–5–16; 8:45 am] species’ survival. and comment on February 7, 2013 (see BILLING CODE 4333–15–P 78 FR 9066), and was executed by the Permit Application Number Service on November 8, 2013. TE88360B–0 Pursuant to the Umbrella CCAA, DEPARTMENT OF THE INTERIOR ranchers in Wyoming may apply for an Applicant: Sommers Ranch LLC, EOS permit under the Act by agreeing Sublette County, Wyoming. Bureau of Indian Affairs to implement certain conservation Permit Application Number [167 A2100DD/AAKC001030/ measures for the greater sage-grouse on TE88361B–0 A0A501010.999900] their properties. These conservation measures are specified in individual Applicant: S. Robert Leaver Family Indian Gaming; Approval of CCAAs for their properties, which are Limited Partnership, Sublette County, Amendment to Tribal-State Class III developed in accordance with the Wyoming. Gaming Compact in the State of Umbrella CCAA and are subject to the Permit Application Number Oregon terms and conditions stated in that TE88365B–0 agreement. Landowners consult with AGENCY: Bureau of Indian Affairs, the Service and other participating Applicant: Grindstone Cattle Interior. agencies to develop an individual CCAA Company, Sublette County, Wyoming. ACTION: Notice. for their property, and submit it to the Permit Application Number SUMMARY: The Klamath Tribes and State Service for approval with their EOS TE88366B–0 permit application. If we approve the of Oregon entered into an amendment to individual CCAA and EOS permit Applicant: Chrisman Land Company, an existing Tribal-State compact application, we will issue an EOS Inc., Sublette and Lincoln Counties, governing Class III gaming; this notice permit, under section 10(a)(1)(A) of the Wyoming. announces approval of the amendment. Act (16 U.S.C. 1531 et seq.), that DATES: Effective July 6, 2016. Permit Application Number FOR FURTHER INFORMATION CONTACT: Ms. authorizes incidental take of greater TE88362B–0 sage-grouse that results from activities Paula L. Hart, Director, Office of Indian covered by the individual CCAA, Applicant: Piney Creeks Ranch, Gaming, Office of the Assistant should the species become listed. Sublette County, Wyoming. Secretary—Indian Affairs, Washington, Through the Umbrella CCAA and the DC 20240, (202) 219–4066. Permit Application Number individual CCAA and EOS permit, we SUPPLEMENTARY INFORMATION: Section 11 TE88363B–0 also provide assurances to participating of the Indian Gaming Regulatory Act landowners that, if the greater sage- Applicant: Hi Allen Ranch, Carbon (IGRA) requires the Secretary of the grouse is listed, and so long as they are County, Wyoming. Interior to publish in the Federal

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44040 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Register notice of approved Tribal-State or question with the above individual. Department of Transportation; and the compacts that are for the purpose of You will receive a reply during normal Department of Agriculture. engaging in Class III gaming activities business hours. ACTION: Notice with request for on Indian lands. See Public Law 100– SUPPLEMENTARY INFORMATION: The 15- comments. 497, 25 U.S.C. 2701 et seq. All Tribal- member Council advises the Secretary SUMMARY: State Class III compacts, including of the Interior, through the BLM, on a The Mid-Atlantic Regional amendments, are subject to review and variety of planning and management Planning Body (MidA RPB), which approval by the Secretary under 25 CFR issues associated with public land includes eight Federal agencies and 293.4. management in Nevada. Topics for departments, six states, two Federally- The amendment is approved. See 25 discussion at each meeting will include, recognized Indian Tribes, and the Mid- U.S.C. 2710(d)(8)(A). but are not limited to: Atlantic Fishery Management Council, is requesting public comment on its Dated: June 24, 2016. • July 22 (Elko)—Resource Advisory Council Standards and Guidelines, draft Mid-Atlantic Regional Ocean Lawrence S. Roberts, Action Plan (draft Plan). The MidA RPB Acting Assistant Secretary—Indian Affairs. Greater Sage-Grouse, Range Management, and Southern Nevada collaboratively prepared the draft Plan, [FR Doc. 2016–15976 Filed 7–5–16; 8:45 am] Public Land Management Act. pursuant to the National Ocean Policy, BILLING CODE 4337–15–P • Aug. 11–12 (Battle Mountain)— to build upon and improve existing Mining and Sage Grouse Habitat Federal, state, and tribal decision- making and planning processes in the DEPARTMENT OF THE INTERIOR Restoration and Conservation, Field Tour with Barrick. Mid-Atlantic Region. The Department of • the Interior’s Bureau of Ocean Energy Bureau of Land Management October 6–7 (Ely)—Range Management, follow-up on Water Management (BOEM), as lead Federal [LLNV912000 L13400000.PQ0000 Canyon Fertility Project, herd agency for the MidA RPB, is publishing LXSS0006F0000; 12–08807; MO# management areas. this notice on behalf of the MidA RPB. 4500094009; TAS: 14X1109] Managers’ reports of district office The MidA RPB will consider all public comments in revising the draft Plan, and Notice of Public Meetings: activities will be given at each meeting. The Council may raise other topics at will submit a final Plan to the National Northeastern Great Basin Resource Ocean Council (NOC or Council) for its Advisory Council, Nevada the meetings. Final agendas will be posted on-line concurrence. AGENCY: Bureau of Land Management, at the BLM Northern Great Basin RAC DATES: Submit comments on or before Interior. Web site at http://www.blm.gov/nv/st/ September 6, 2016 (60 days after _ ACTION: Notice of public meetings. en/res/resource advisory.html and will publication in the Federal Register on be published in local and regional July 6, 2016). SUMMARY: In accordance with the media sources at least 14 days before ADDRESSES: Submit your comments, Federal Land Policy and Management each meeting. identified by one of the following Act (FLPMA) and the Federal Advisory Individuals who need special methods: Committee Act of 1972 (FACA), the U.S. assistance such as sign language • Email: [email protected]; Department of the Interior, Bureau of interpretation or other reasonable and Land Management (BLM) Northeastern accommodations, or who wish to • Mail: Robert P. LaBelle, Federal Co- Great Basin Resource Advisory Council receive a copy of each agenda, may Lead, Mid-Atlantic Regional Planning (RAC), will hold two meetings in contact Greg Deimel no later than 10 Body, BOEM, 45600 Woodland Road, Nevada in fiscal year 2016 and one at days prior to each meeting. Mailstop: VAM–BOEM DIR, Sterling, the beginning of fiscal year 2017. The VA 20166. Rudy Evenson, meetings are open to the public. July 22, Comments will be made available to California Trail Interpretive Center, 1 Deputy Chief, Office of Communications. the public on http://www.boem.gov/ Trail Center Way, Elko, Nevada 89801, [FR Doc. 2016–15961 Filed 7–5–16; 8:45 am] Written-Public-Comments-Submitted-to- Nevada; Aug. 11–12, BLM Battle BILLING CODE 4310–HC–P the-MidA-RPB/. If you do not want your Mountain District Office, 50 Bastian personal contact information to be Road, Battle Mountain, NV 89820, publicly viewable, please do not include Nevada; and Oct. 6–7, 702 N. Industrial DEPARTMENT OF THE INTERIOR it in your comment or any accompanying documents. Way, HC 33, Box 33500, Ely, NV 89301, Bureau of Ocean Energy Management Nevada. Meeting times will be The Draft Mid-Atlantic Ocean Action published in local and regional media [MMAA104000] Plan may be obtained online at: sources at least 14 days before each www.boem.gov/Ocean-Action-Plan/. meeting. All meetings will include a Mid-Atlantic Regional Ocean Action FOR FURTHER INFORMATION CONTACT: public comment period. Plan Robert P. LaBelle, Federal Co-Lead, Mid-Atlantic Regional Planning Body, FOR FURTHER INFORMATION CONTACT: Greg AGENCY: Bureau of Ocean Energy Deimel, Public Affairs Specialist, Elko Management, National Park Service, BOEM, 45600 Woodland Road, District Office, 3900 East Idaho Street, U.S. Fish and Wildlife Service, U.S. Mailstop: VAM–BOEM DIR, Sterling, NV 89801, telephone: (775) 753–0386, Geological Survey, Department of the VA 20166. email: [email protected]. Persons who Interior; National Oceanic and SUPPLEMENTARY INFORMATION: use a telecommunications device for the Atmospheric Administration, I. Background deaf (TDD) may call the Federal Department of Commerce; U.S. Army Information Relay Service (FIRS) at 1– Corps of Engineers, the Joint Staff, the National Ocean Policy 800–877–8339 to contact the above Department of Defense; Environmental Executive Order 13547, signed July individual during normal business Protection Agency; Department of 19, 2010, Stewardship of the Ocean, Our hours. The FIRS is available 24 hours a Energy; U.S. Coast Guard, the Coasts, and the Great Lakes (National day, 7 days a week, to leave a message Department of Homeland Security; Ocean Policy), established a national

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44041

policy to protect, maintain, and restore The MidA RPB is not a regulatory body intended to strengthen interagency the health and biodiversity of the ocean, and has no independent legal authority coordination, planning, and policy coastal, and Great Lakes ecosystems and to regulate or direct Federal, state or implementation, and to enhance public resources; enhance the sustainability of tribal entities, nor does the draft Plan, participation. The draft Plan has two the ocean and coastal economies; described below, augment or subtract main goals: (1) Healthy ocean preserve our maritime heritage; support from any entity’s existing statutory or ecosystems; and (2) sustainable ocean sustainable uses and access; provide for other authorities. uses. The draft Plan promotes the use of adaptive management to enhance our data from the Portal to inform agency Development of the Draft Mid-Atlantic understanding of and capacity to actions, enhance stakeholder input and Ocean Action Plan respond to climate change and ocean involvement, locate potential areas of acidification; increase our scientific The MidA RPB met for the first time conflict, and identify additional understanding and awareness of in September 2013. The MidA RPB information and science needs. The changing environmental conditions, directed the formal processes and draft Plan also describes best practices trends, and their causes; and perform developed the draft Plan over the course for Federal inter-agency coordination, as duties in accordance with applicable of three years. The MidA RPB process well as coordination among Federal international law, including respect for leading to the draft Plan included a total agencies, tribes, states, and other and preservation of navigational rights of five multi-day public meetings stakeholders. The draft Plan enhances and freedoms, which are essential for between September 2013 and March the tools and information available for the global economy, international peace, 2016. Between MidA RPB meetings, Federal agency actions and planning, national security, and foreign policy there was ongoing outreach to obtain and clarifies alternatives and interests. The National Ocean Policy public feedback, identify and discuss opportunities within the context of encourages a comprehensive, adaptive, issues, review data, and procure tribal and state agency actions, thereby integrated, ecosystem-based, and scientific input. For example, members increasing coordination opportunities transparent ocean planning process of the MidA RPB met with expert work across these government entities. based on sound science for analyzing groups, stakeholder groups, As previously stated, the draft Plan current and anticipated uses of ocean environmental groups, and marine does not augment or subtract from any and coastal areas. The National Ocean industries, including commercial entity’s existing statutory or other Policy also provides for fishing and shipping groups. The MidA authorities. The draft Plan provides a intergovernmental regional planning RPB will review all comments received strategy to monitor and analyze trends bodies’ voluntary development of during the public comment period, and in ecosystem health, and undertake regional marine plans that build upon revise the draft Plan at the close of the efforts to communicate progress toward and improve existing Federal, state, and comment period. The MidA RPB will achieving the two main goals of the tribal decision-making and planning consider all public comments received draft Plan. The draft Plan is a processes. These regional plans, in making its revisions, and will then foundation, not a finished structure, and developed by, for, and in the regions, submit a final Plan to the NOC for its it will continue to evolve as new trends, will enable a more integrated, concurrence. information, and needs emerge. comprehensive, ecosystem-based, The draft Plan is based on science and informed by stakeholder data and input. III. Implementation of the Mid-Atlantic flexible, and proactive approach to Ocean Action Plan planning and managing sustainable Throughout the planning process, the multiple uses across sectors, and will MidA RPB involved stakeholders in Executive Order 13547, which adopts improve the conservation of the ocean, developing data products regarding the Final Recommendations of the our coasts, and the Great Lakes. ocean-based human activities (for Interagency Ocean Policy Task Force example, shipping, fishing, recreation, (Final Recommendations), establishes a Mid-Atlantic Regional Planning Body and energy generation) and marine life process for the NOC to review and The MidA RPB includes six states and habitat (through review of the certify each regional marine plan to (New York, New Jersey, Pennsylvania, methods, analyses, and draft products ensure it is consistent with the National Delaware, Maryland, and Virginia); two for spatial data characterizing species Ocean Policy and includes the essential Federally-recognized Indian Tribes (the and their habitat). The MidA RPB also elements described in the Final Shinnecock Indian Nation and the encouraged stakeholders to review Recommendations. Pamunkey Indian Tribe); eight Federal spatial data on the Mid-Atlantic Ocean The NOC issued guidance to the NOC agencies and departments (U.S. Data Portal (the Portal). In collaboration member agencies in the form of the Department of Agriculture, U.S. with the Mid-Atlantic Ocean Data Portal Marine Planning Handbook (Handbook). Department of Commerce, U.S. Working Group, the MidA RPB The Handbook calls for the NOC Department of Defense, U.S. Department developed the Portal as an online source member agencies to concur that regional of Energy, U.S. Department of that incorporates maps and data on marine plans submitted by the regional Homeland Security, U.S. Department of marine life distribution and human planning bodies are consistent with the the Interior, U.S. Department of activities. The Portal is available online substantive and procedural standards Transportation, and the U.S. at: http://midatlanticocean.org/data- set forth in the Final Recommendations. Environmental Protection Agency) and portal/. The NOC concurrence operates as the component sub-agencies (including the certification described in Executive Bureau of Ocean Energy Management, II. The Draft Mid-Atlantic Ocean Action Order 13547. By concurring that the the National Park Service, the U.S. Fish Plan Mid-Atlantic Ocean Action Plan was and Wildlife Service, the U.S. The draft Plan, developed using the developed in accordance with the Geological Survey, the National Oceanic best available science and knowledge, substantive and procedural standards in Atmospheric and Administration, the provides an integrated, comprehensive, the Final Recommendations, the NOC Maritime Administration, the U.S. Coast flexible, and proactive approach to certifies that Federal members of the Guard, the Joint Staff, and the U.S. planning and managing uses of the Mid- MidA RPB will use the Plan to guide Army Corps of Engineers); and the Mid- Atlantic marine environment. The draft and inform their actions consistent with Atlantic Fishery Management Council. Plan is a forward-looking document their existing statutory and regulatory

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44042 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

authorities. Consistent with Executive create new authorities, regulations, or SUMMARY: The Glen Canyon Dam Order 13547, each NOC member will, as Federal agency missions. All Federal Adaptive Management Work Group described in the Final activities will continue to be managed (AMWG) makes recommendations to the Recommendations, and to the fullest under existing statutory and regulatory Secretary of the Interior concerning extent consistent with applicable law, authorities. Glen Canyon Dam operations and other comply with those regional plans management actions to protect resources IV. Conclusion certified by the NOC. downstream of Glen Canyon Dam, The Federal members of the MidA Through Executive Order 13547, consistent with the Grand Canyon RPB administer a wide range of statutes Stewardship of the Ocean, Our Coasts, Protection Act. The AMWG meets two and programs affecting the marine and the Great Lakes, President Obama to three times a year. environment in the Mid-Atlantic. These established a National Ocean Policy to DATES: The meeting will be held on Federal departments and agencies carry ensure the protection, maintenance, and Wednesday, August 24, 2016, from out actions under Federal laws restoration of the health of ocean, approximately 9:30 a.m. to involving a wide range of regulatory coastal, and Great Lakes ecosystems and approximately 5:30 p.m.; and Thursday, responsibilities and non-regulatory resources; enhance the sustainability of August 25, 2016, from approximately missions and management activities ocean and coastal economies; preserve 8:30 a.m. to approximately 3 p.m. throughout the Nation’s waterways and our maritime heritage; support ADDRESSES: The meeting will be held at the ocean. These activities include sustainable uses and access; provide for the Little America Hotel, 2515 E. Butler managing and developing marine adaptive management of ocean and Avenue, Flagstaff, Arizona 86004. transportation systems, national security coastal resources to enhance our FOR FURTHER INFORMATION CONTACT: and homeland defense activities, understanding of and capacity to Katrina Grantz, Bureau of Reclamation, regulating ocean discharges, siting respond to climate change and ocean telephone (801) 524–3635; facsimile energy facilities, permitting sand acidification; and coordinate ocean (801) 524–3807; email at kgrantz@ removal and beach re-nourishment, policy with our national security and usbr.gov. managing national parks and national foreign policy interests. wildlife refuges, regulating commercial The MidA RPB anticipates the Mid- SUPPLEMENTARY INFORMATION: The Glen and recreational fishing, and managing Atlantic Regional Ocean Action Plan Canyon Dam Adaptive Management activities affecting threatened and will increase the sharing of information Program (GCDAMP) was implemented endangered species and migratory birds. and data across resource managers, as a result of the Record of Decision on The specific manner and mechanism stakeholders, and the public; enhance the Operation of Glen Canyon Dam a Federal agency uses to implement the decision-making through collaboration Final Environmental Impact Statement final Mid-Atlantic Ocean Action Plan and coordination among Federal, state, to comply with consultation will depend on that agency’s mission, and tribal governments; and provide for requirements of the Grand Canyon authorities, and activities in the marine an improved information and data Protection Act (Pub. L. 102–575) of environment. The Federal members of system that characterizes human 1992. The GCDAMP includes a Federal the MidA RPB will publicly describe the activities and natural resources in Mid- advisory committee, the AMWG, a administrative mechanisms they will Atlantic waters from the coast to 200 technical work group (TWG), a Grand use to implement the Plan when the nautical miles offshore. This Canyon Monitoring and Research MidA RPB submits the Plan to the NOC informational overlay, along with the Center, and independent review panels. for review and concurrence. best practices for improved The TWG is a subcommittee of the If the NOC concurs (i.e., certifies) that coordination, will improve the context AMWG and provides technical advice the Plan is consistent with Executive for decisions affecting the resources and and recommendations to the AMWG. Order 13547, the Final coastal and ocean waters of the Mid- Agenda: The primary purpose of the Recommendations, and the Handbook, Atlantic region. meeting will be to approve the Fiscal each Federal MidA RPB member will Year 2017 Budget and Work Plan, and incorporate the final Plan into their Authority: Executive Order 13547, to approve the Water Year 2017 planning processes and internal agency ‘‘Stewardship of the Ocean, Our Coasts and Hydrograph operation for Glen Canyon the Great Lakes’’ (July 19, 2010). documents, and use the Plan to guide Dam. The AMWG will receive updates and inform their decisions and actions, Dated: June 22, 2016. on: (1) The Long-Term Experimental consistent with applicable law. Federal Kristen J. Sarri, and Management Plan Environmental MidA RPB members with regulatory Principal Deputy Assistant Secretary Policy, Impact Statement, (2) current basin responsibilities will incorporate the Management and Budget. hydrology, (3) reports from the Glen final Plan into their pre-planning, [FR Doc. 2016–15588 Filed 7–5–16; 8:45 am] Canyon Dam Tribal and Federal planning, and permitting to guide and BILLING CODE 4310–MR–P Liaisons, (4) presentation on power inform Federal agency internal and generation in the West, and (5) science external permitting decisions, results from Grand Canyon Monitoring environmental compliance, resource DEPARTMENT OF THE INTERIOR and Research Center staff. The AMWG management plans, and other actions will also address other administrative taken pursuant to existing statutory and Bureau of Reclamation and resource issues pertaining to the regulatory authorities. These agencies [RR04073000, XXXR4081X3, GCDAMP. will ensure their scientists, managers, RX.05940913.7000000] To view a copy of the agenda and decision-makers, and analysts use the documents related to the above meeting, Mid-Atlantic Regional Ocean Action Notice of Public Meeting for the Glen please visit Reclamation’s Web site at Plan to guide and inform their actions Canyon Dam Adaptive Management http://www.usbr.gov/uc/rm/amp/amwg/ to the fullest extent possible under Work Group mtgs/16aug24. Time will be allowed at existing statutory and regulatory AGENCY: Bureau of Reclamation, the meeting for any individual or authorities. As noted throughout the Interior. organization wishing to make formal Final Recommendations, the Mid- oral comments. To allow for full ACTION: Notice. Atlantic Ocean Action Plan will not consideration of information by the

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44043

AMWG members, written notice must Mining Reclamation and Enforcement, following information collection be provided to Katrina Grantz, Bureau of 1951 Constitution Ave, NW., Room activity: Reclamation, Upper Colorado Regional 203—SIB, Washington, DC 20240. Title: 30 CFR part 764—State Office, 125 South State Street, Room Comments may also be submitted Processes for Designating Areas 8100, Salt Lake City, Utah 84138; electronically to [email protected]. Unsuitable for Surface Coal Mining telephone (801) 524–3635; facsimile FOR FURTHER INFORMATION CONTACT: To Operations. (801) 524–3807; email at kgrantz@ receive a copy of the information OMB Control Number: 1029–0030. usbr.gov, at least five (5) days prior to collection request contact John Trelease, Summary: This part implements the the meeting. Any written comments at (202) 208–2783 or by email at requirement of section 522 of the received will be provided to the AMWG [email protected]. Surface Mining Control and members. Reclamation Act of 1977 (SMCRA), SUPPLEMENTARY INFORMATION: Office of Public Law 95–87, which provides Public Disclosure of Comments Management and Budget (OMB) authority for citizens to petition States Before including your address, phone regulations at 5 CFR part 1320, which to designate lands unsuitable for surface number, email address, or other implementing provisions of the coal mining operations, or to terminate personal identifying information in your Paperwork Reduction Act of 1995 (Pub. such designation. The regulatory comment, you should be aware that L. 104–13), require that interested authority uses the information to your entire comment—including your members of the public and affected identify, locate, compare and evaluate personal identifying information—may agencies have an opportunity to the area requested to be designated as be made publicly available at any time. comment on information collection and unsuitable, or terminate the designation, While you can ask us in your comment recordkeeping activities [see 5 CFR for surface coal mining operations. to withhold your personal identifying 1320.8 (d)]. This notice identifies an Bureau Form Number: None. information from public review, we information collection that OSMRE will Frequency of Collection: Once. cannot guarantee that we will be able to be submitting to OMB for extension. Description of Respondents: do so. This collection is contained in 30 CFR Individuals, groups or businesses that part 764. Dated: June 23, 2016. petition the States, and the State An agency may not conduct or regulatory authorities that must process Katrina Grantz, sponsor, and a person is not required to the petitions. Chief, Adaptive Management Group, respond to, a collection of information Total Annual Respondents: 4. Environmental Resources Division, Upper unless it displays a currently valid OMB Total Annual Burden Hours: 1,000 Colorado Regional Office. control number. The OMB control hours for individuals or groups, and [FR Doc. 2016–15960 Filed 7–5–16; 8:45 am] number for this collection of 4,000 for State regulatory authorities. BILLING CODE 4332–90–P information is 1029–0030 and is Total Annual Non-wage Costs: $400 displayed at 30 CFR 764.10. Dated: June 30, 2016. OSMRE has revised burden estimates, John A. Trelease, DEPARTMENT OF THE INTERIOR where appropriate, to reflect current reporting levels or adjustments based on Acting Chief, Division of Regulatory Support. Office of Surface Mining Reclamation [FR Doc. 2016–15957 Filed 7–5–16; 8:45 am] and Enforcement reestimates of burden or respondents. OSMRE will request a 3-year term of BILLING CODE 4310–05–P [S1D1S SS08011000 SX066A0067F approval for these information 167S180110; S2D2D SS08011000 SX066A00 collection activities. 33F 16XS501520] Comments are invited on: (1) The DEPARTMENT OF THE INTERIOR Notice of Proposed Information need for the collection of information Office of Surface Mining Reclamation Collection; Request for Comments for for the performance of the functions of and Enforcement 1029–0030 the agency; (2) the accuracy of the agency’s burden estimates; (3) ways to [S1D1S SS08011000 SX066A0067F AGENCY: Office of Surface Mining enhance the quality, utility and clarity 167S180110; S2D2D SS08011000 SX066A00 Reclamation and Enforcement, Interior. of the information collections; and (4) 33F 16XS501520] ways to minimize the information ACTION: Notice and request for Notice of Proposed Information collection burden on respondents, such comments. Collection; Request for Comments for as use of automated means of collection 1029–0049 SUMMARY: In compliance with the of the information. A summary of the Paperwork Reduction Act of 1995, the public comments will accompany AGENCY: Office of Surface Mining Office of Surface Mining Reclamation OSMRE’s submission of the information Reclamation and Enforcement, Interior. and Enforcement (OSMRE) is collection request to OMB. ACTION: Notice and request for announcing its intention to request Before including your address, phone comments. approval for the collections of number, email address, or other information for State Processes for personal identifying information in your SUMMARY: In compliance with the Designating Areas Unsuitable for comment, you should be aware that Paperwork Reduction Act of 1995, the Surface Coal Mining Operations. The your entire comment, including your Office of Surface Mining Reclamation information collection request describes personal identifying information, may and Enforcement (OSMRE) is the nature of the information collection be made publicly available at any time. announcing its intention to request and its expected burden and cost. While you can ask us in your comment renewed approval for the collection of DATES: Comments on the proposed to withhold your personal identifying information for OSMRE’s Special information collection must be received information from public review, we Permanent Program Performance by September 6, 2016, to be assured of cannot guarantee that we will be able to Standards—Operations in Alluvial consideration. do so. Valley Floors. ADDRESSES: Comments may be mailed to This notice provides the public with DATES: Comments on the proposed John A. Trelease, Office of Surface 60 days in which to comment on the information collection must be received

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44044 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

by September 6, 2016, to be assured of cannot guarantee that we will be able to Montgomery, IN; A-Tech Corporation, consideration. do so. Alburquerque, NM; Atlantic Fluid ADDRESSES: Comments may be mailed to This notice provides the public with Power, Inc. dba Atlantic Industrial John A. Trelease, Office of Surface 60 days in which to comment on the Technologies, Shirley, NY; Azimuth Mining Reclamation and Enforcement, following information collection Consulting Services, Inc., Fairfax, VA; 1951 Constitution Ave NW., Room activity: B.E. Meyers & Co., Inc., Redmond, WA; Title: 30 CFR part 822—Special 203—SIB, Washington, DC 20240. BakerRisk, San Antonio, TX; Cerion, Permanent Program Performance Comments may also be submitted LLC, Rochester, NY; Corning Standards—Operations in Alluvial electronically to [email protected]. Incorporated, Corning, NY; Creative Valley Floors. MicroSystems Corporation, Waitsfield, FOR FURTHER INFORMATION CONTACT: To OMB Control Number: 1029–0049. VT; D&H-Nav Technologies receive a copy of the information Summary: Sections 510(b)(5) and Corporation, Jackson, NJ; Daniel collection request contact John Trelease, 515(b)(10)(F) of the Surface Coal Mining Defense, Inc., Black Creek, GA; Doolittle at (202) 208–2783 or by email at and Reclamation Act of 1977 (the Act) Institute, Inc., Fort Walton Beach, FL; [email protected]. protect alluvial valley floors from the Drexel University, Philadelphia, PA; adverse effects of surface coal mining SUPPLEMENTARY INFORMATION: Office of Dynamic Structures and Materials, LLC, operations west of the 100th meridian. Management and Budget (OMB) Franklin, TN; EngeniusMicro, Atlanta, Part 822 requires the permittee to regulations at 5 CFR part 1320, which GA; Equinox Corporation, New York, install, maintain, and operate a implement provisions of the Paperwork NY; Exlar Corporation, Chanhassen, monitoring system in order to provide Reduction Act of 1995 (Pub. L. 104–13), MN; Fathom 4, LLC, Charleston, SC; specific protection for alluvial valley require that interested members of the Fibertek, Inc., Herndon, VA; floors. This information is necessary to public and affected agencies have an Government Energy Solutions, Inc., determine whether the unique opportunity to comment on information Huntsville, AL; GPH Consulting, LLC, hydrologic conditions of alluvial valley collection and recordkeeping activities Charleston, SC; Gunwright floors are protected according to the [see 5 CFR 1320.8 (d)]. This notice Technologies, LLC, Gilbert, AZ; Act. identifies an information collection that Intuitive Research and Technology OSMRE will be submitting to OMB for Bureau Form Number: None. Frequency of Collection: Annually. Corporation, Huntsville, AL; Joint extension. This collection is contained Research and Development, Belcamp, in 30 CFR part 822. Description of Respondents: 25 coal mining operators who operate on MD; K2 Solutions Inc., Southern Pines, An agency may not conduct or alluvial valley floors and 4 State NC; L–3 Applied Technologies, Inc., sponsor, and a person is not required to regulatory authorities. San Leandro, CA; LinQuest Corporation, respond to, a collection of information Total Annual Responses: 50. Los Angeles, CA; Loc Performance unless it displays a currently valid OMB Total Annual Burden Hours: 2,750. Products, Inc., Plymouth, MI; Lockheed control number. The OMB control Total Annual Non-wage Costs: $0. Martin Aculight Corporation, Bothell, number for this collection of Dated: June 30, 2016. WA; ManTech Advanced Systems information is 1029–0049 and is International, Inc., Fairfax, VA; John A. Trelease, displayed at 30 CFR 822.10. Manufacturing Techniques, Inc. (dba OSMRE has revised burden estimates, Acting Chief, Division of Regulatory Support. MTEQ), Lorton, VA; Matrix where appropriate, to reflect current [FR Doc. 2016–15959 Filed 7–5–16; 8:45 am] International Security Training reporting levels or adjustments based on BILLING CODE 4310–05–P Intelligence Center, Inc. (MISTIC), reestimates of burden or respondents. Rosewell, NM; Metamagnetics Inc., OSMRE will request a 3-year term of Canton, MA; Mettle Ops, Sterling approval for this information collection DEPARTMENT OF JUSTICE Heights, MI; Mistral Inc., Bethesda, MD; activity. MZA Associates Corporation, Comments are invited on: (1) The Antitrust Division Albuquerque, NM; Nammo Energetics need for the collection of information Notice Pursuant to the National Indian Head, Inc., Arlington, VA; New for the performance of the functions of Cooperative Research and Production Mexico Institute of Mining and the agency; (2) the accuracy of the Act of 1993—National Armaments Technology, Socorro, NM; On-Point agency’s burden estimates; (3) ways to Consortium Defense Technologies, Fort Walton enhance the quality, utility and clarity Beach, FL; Patriot American Solutions, of the information collections; and (4) Notice is hereby given that, on May Rockaway, NJ; Plansee USA LLC, ways to minimize the information 31, 2016, pursuant to section 6(a) of the Franklin, MA; QinetiQ North America, collection burden on respondents, such National Cooperative Research and Waltham, MA; RCT Systems Inc., as use of automated means of collection Production Act of 1993, 15 U.S.C. 4301 Herndon, VA; Redstone Aerospace of the information. A summary of the et seq. (‘‘the Act’’), National Armaments Corporation, Longmont, CO; Remington public comments will accompany Consortium (‘‘NAC’’) has filed written Arms Company, LLC, Madison, NC; OSMRE’s submissions of the notifications simultaneously with the Solution Now Enterprises, LLC, Winter information collection request to OMB. Attorney General and the Federal Trade Park, FL; Streamline Numerics, Inc., Before including your address, phone Commission disclosing changes in its Gainesville, FL; Systems Engineering number, email address, or other membership. The notifications were Group, Inc., Columbia, MD; Tech personal identifying information in your filed for the purpose of extending the Projects LLC, Honolulu, HI; Technology comment, you should be aware that Act’s provisions limiting the recovery of Assessment and Transfer, Inc., your entire comment, including your antitrust plaintiffs to actual damages Annapolis, MD; Ten-X Ammunition, personal identifying information, may under specified circumstances. Inc., Rancho Cucamonga, CA; The be made publicly available at any time. Specifically, Advanced Material Designs Boeing Company, Laser & Electo-Optical While you can ask us in your comment & Reliability, Austin, TX; AECOM, Systems, Albuquerque, NM; The ExOne to withhold your personal identifying Germantown, MD; Alytic, Inc., King Company, North Huntingdon, PA; information from public review, we George, VA; Apexx Enterprises, LLC, Thermacore Materials Technology

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44045

Division, Belle Vernon, PA; Trust written notifications simultaneously Williamsburg, PA; ADA Technologies, Automation, Inc., San Luis Obispo, CA; with the Attorney General and the Inc., Littleton, CO; Agile UNC Charlotte Research Institute, Federal Trade Commission disclosing Communications, Inc., Thousand Oaks, Charlotte, NC; Unified Business changes in its membership. The CA; Alcoa Defense, Inc., New Technologies, Inc., Troy, MI; and XL notifications were filed for the purpose Kensington, PA; Alion Science and Scientific, LLC, Albuquerque, NM, have of extending the Act’s provisions Technology, Warren, MI; Allison been added as parties to this venture. limiting the recovery of antitrust Transmission, Inc., Indianapolis, IN; Also, AT and T Government plaintiffs to actual damages under AlphaUSA, Livonia, MI; Altair Product Solutions, Inc., Vienna, VA; Cherokee- specified circumstances. Specifically, Design, Inc., Troy, MI; Altex Technical Specialists, LLC, Miramar Phillips 66 Company, Houston, TX, has Technologies Corporation, Sunnyvale, Beach, FL; Combustion Propulsion and been added as a party to this venture. CA; American Rheinmetall Munitions, Ballistic Technology Corp., State No other changes have been made in Inc., Stafford, VA; AM General, LLC, College, PA; Custom Cable Solutions, either the membership or planned Livonia, MI; AmSafe, Inc., Phoenix, AZ; Inc., Salisbury, MD; Meggitt (Orange activity of the group research project. Analysis & Design Application Co. Ltd., County), Inc., Irvine, CA; MSE Membership in this group research Melville, NY; AnthroTronix, Inc., Silver Technology Application, Inc., Butte, project remains open, and PERF Project Spring, MD; Applied Minds, LLC, MT; Performance Indicator, LLC, No. 2013–07 intends to file additional Glendale, CA; Applied Research Lowell, MA; T.Quinn & Associates, LLC, written notifications disclosing all Associates, Inc., Albuquerque, NM; Warren, MI; Tec-Masters, Inc., changes in membership. Applied Technology Integration, Inc., On February 23, 2015, PERF Project Huntsville, AL; TELEGRID Maumee, OH; Artis, LLC, Herndon, VA; No. 2013–07 filed its original Technologies, Inc., Livingston, NJ; TLC Association for Unmanned Vehicle notification pursuant to section 6(a) of Precision Wafer Technology Inc., Systems International (AUVSI), the Act. The Department of Justice Minneapolis, MN; TrackingPoint, Inc., Arlington, VA; ATA Engineering, Inc., published a notice in the Federal Pflugerville, TX; and Triton Systems, San Diego, CA; ATI Inc. (Alloy Register pursuant to section 6(b) of the Inc., Chelmsford, MA, have withdrawn Technology Innovations, Inc.), Act on April 2, 2015 (80 FR 17786). as parties to this venture. Lexington, KY; Atlas Scientific, LLC, No other changes have been made in Patricia A. Brink, Brooklyn, NY; August Research either the membership or planned Director of Civil Enforcement, Antitrust Systems, Inc., Coraopolis, PA; activity of the group research project. Division. Automation Alley Business Services, Membership in this group research [FR Doc. 2016–16019 Filed 7–5–16; 8:45 am] Sterling Heights, MI; Automotive project remains open, and NAC intends BILLING CODE P Rentals, Inc., Mount Laurel, NJ; Avittor to file additional written notifications International Corp, Sterling Heights, MI; disclosing all changes in membership. AVL Powertrain Engineering, Inc., On May 2, 2000, NAC filed its original DEPARTMENT OF JUSTICE Plymouth, MI; Badenoch, LLC, notification pursuant to section 6(a) of Southfield, MI; Battelle Memorial the Act. The Department of Justice Antitrust Division Institute, Dover, NJ; Baum Romstedt published a notice in the Federal Technology Research Corp., Fairfax, VA; Register pursuant to section 6(h) of the Notice Pursuant to the National Cooperative Research and Production Bokam Engineering, Inc., Santa Ana, Act on June 30, 2000 (65 FR 40693). CA; Bren-Tronics, Inc., Commack, NY; The last notification was filed with Act of 1993—the National Advanced CALIBRE Systems, Inc., Alexandria, VA; the Department on March 15, 2016. A Mobility Consortium (Formerly Caterpillar, Inc., Mossville, IL; Clemson notice was published in the Federal Robotics Technology Consortium, Inc.) University—College of Engineering and Register pursuant to section 6(h) of the Notice is hereby given that, on June 2, Science, Clemson, SC; CLogic Defense, Act on April 14, 2016 (81 FR 22121). 2016, pursuant to section 6(a) of the Paramus, NJ; Coliant Corporation, Patricia A. Brink, National Cooperative Research and Warren, MI; Combat Advanced Director of Civil Enforcement, Antitrust Production Act of 1993, 15 U.S.C. 4301 Propulsion, LLC, Muskegon, MI; Control Division. et seq. (‘‘the Act’’), Robotics Technology Point Corporation, Goleta, CA; Corvid [FR Doc. 2016–15966 Filed 7–5–16; 8:45 am] Consortium, Inc. (‘‘RTC’’) has filed Technologies, Mooresville, NC; Cougaar BILLING CODE P written notifications simultaneously Software, Inc., Vienna, VA; CPS with the Attorney General and the Technologies Corporation, Norton, MA; Federal Trade Commission disclosing Creative Electronic Systems North DEPARTMENT OF JUSTICE changes in its membership. The America, Inc., Apex, NC; Critical notifications were filed for the purpose Solutions International, Inc., Richland, Antitrust Division of extending the Act’s provisions MO; CrossTek Solutions LLC, Notice Pursuant to the National limiting the recovery of antitrust Vicksburg, MS; Cummins, Inc., Cooperative Research and Production plaintiffs to actual damages under Columbus, IN; Curtiss-Wright Controls Act of 1993—Petroleum Environmental specified circumstances. Robotics Electronic Systems, Inc., Santa Clarita, Research Forum Project No. 2013–07, Technology Consortium, Inc., has CA; DCS Corporation, Alexandria, VA; Stream Speciation Update changed its name to The National Defense Engineering Services, LLC, Advanced Mobility Consortium Charleston, SC; Design West Notice is hereby given that, on June 6, (‘‘NAMC’’). Specifically, Abaco Technologies, Inc., Tustin, CA; DHPC 2016, pursuant to section 6(a) of the Systems, Inc. (formerly GE Intelligent Technologies, Inc., Woodbridge, NJ; National Cooperative Research and Platforms Embedded Systems), Domo Tactical Communications DTC Production Act of 1993, 15 U.S.C. 4301 Huntsville, AL; ABS USA, LLC, Sterling (formerly Cobham Surveillance), et seq. (‘‘the Act’’), Petroleum Heights, MI; Ace Electronics Defense Washington, DC; DomerWorks, Ltd., Environmental Research Forum Project Systems, LLC, Troy, MI; Achates Power, Grand Rapids, MI; DRS Network & No. 2013–07, Stream Speciation Update Inc., San Diego, CA; Acquisition Imaging Systems, LLC, Dallas, TX; DRS (‘‘PERF Project No. 2013–07’’) has filed Technologies Integrated, Inc., Sustainment Systems, Inc., St. Louis,

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44046 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

MO; Dynamic Dimension Technologies, Westminster, MD; Lucid Dimensions, Ann Arbor, MI; Sirab Technologies, Inc., LLC, Westminster, MD; Dynetics, Inc., Inc., Lafayette, CO; Lynntech, Inc., Novato, CA; Sound Answers, Inc., Huntsville, AL; eTrans Systems, Fairfax, College Station, TX; M3 Consulting Canton, MI; South Dakota School of VA; EaglePicher Technologies, Joplin, Services, Inc., Washington, MI; MAHLE Mines and Technology, Rapid City, SD; MO; Eck Industries, Inc., Manitowoc, Powertrain, LLC, Farmington Hills, MI; Spatial Integrated Systems, Inc., WI; EDAG, Inc., Troy, MI; Efficient Materials Sciences Corporation, Kinston, NC; Specialty Tooling Systems, Drivetrains, Inc., Boulder, CO; Elbit Horsham, PA; Mattracks, Inc., Karlstad, Inc., Grand Rapids, MI; SpringActive, Systems of America, LLC, Fort Worth, MN; M Cubed Technologies, Inc., Inc., Tempe, AZ; Stark Aerospace, TX; Electro-Mechanical Associates, Inc., Newtown, CT; MDA US Systems, LLC, Columbus, MS; Stryke Industries, LLC, Ann Arbor, MI; Elevate Systems, San Pasadena, CA; Mechanical Solutions, Fernandina Beach, FL; SURVICE Antonio, TX; ELTA North America, Inc., Inc., Whippany, NY; Med-Eng, LLC, Engineering Company, LLC, Warren, MI; Fulton, MD; EWI, Columbus, OH; Excel Bismarck, ND; Meldetech, Princeton, NJ; Survivability Solutions, LLC, Sterling Engineering, Diagonal, IA; Exponent, Merrill Aviation & Defense, Troy, MI; Heights, MI; Systems Process, Inc., Fort Inc., Menlo Park, CA; Fastpilot, Inc., MetaMorph Inc., Nashville, TN; Micro Wayne, IN; T.E.A.M., Inc., Woonsocket, Lake in the Hills, IL; FBS, Inc., State Systems, Inc., Ft. Walton Beach, FL; RI; Team O’Neil Rally School LLC, College, PA; FEDITC, LLC, San Antonio, MillenWorks, Tustin, CA; Milton Dalton, NH; Technical Professional TX; FEV North America, Inc., Auburn Manufacturing, Detroit, MI; Milwaukee Services, Inc., Wayland, MI; Technology Hills, MI; Flash Bainite, Washington, School of Engineering, Milwaukee, WI; and Supply Management, LLC, Fairfax, MI; General Dynamics Land Systems, Mistral, Inc., Bethesda, MD; Motiv VA; Tencate Advanced Armor Design, Sterling Heights, MI; General Dynamics- Space Systems, Inc., Pasadena, CA; Inc., Goleta, CA; Texas Research OTS, Inc., Williston, VT; Global Munro & Associates, Inc., Auburn Hills, Institute, Austin, TX; The Boeing Embedded Technologies, Inc., MI; N&R Engineering and Management Company, Huntington Beach, CA; The Farmington Hills, MI; Global Services Corporation, Parma Heights, Energetics Technology Center, Inc. Technology Associates, Ltd., Dearborn, OH; National Technical Systems, Inc., (ETC), St. Charles, MD; The Omnicon MI; GPS Source, Inc., Pueblo West, CO; Hot Springs, AR; Navitas Advanced Group, Inc., Hauppauge, NY; Troika Gravikor, Inc., Ann Arbor, MI; Great Solutions Group, LLC, Ann Arbor, MI; Solutions, LLC, Arlington, VA; Tyco Lakes Sound & Vibration, Inc., Near Earth Autonomy, Inc., Pittsburgh, Electronics Corporation, Berwyn, PA; Houghton, MI; Great Lakes Systems & PA; NetCentric Technology, LLC, Wall, UnderSea Sensor Systems, Inc. Technology, LLC, Chesterfield NJ; Nevada Automotive Test Center (formerly Ultra Electronics, AMI), Township, MI; Green Hills Software, (NATC), Silver Springs, NV; New Eagle Columbia City, IN; Unified Business Inc., Santa Barbara, CA; GS Engineering, Consulting, LLC, Ann Arbor, MI; Nexus Technologies, Inc., Troy, MI; Universal Houghton, MI; Gunite Corporation Energy, Mobility and Cleantech, LLC, Technical Resource Services, Inc., (Accuride Corporation), Rockford, IL; Raleigh, NC; NextEnergy Center, Detroit, Cherry Hill, NJ; University of Delaware Harbrick, Moscow, ID; HBM nCode MI; Nhungs Notions, Saugus, MA; Center for Composite Materials, Newark, Federal, LLC, Southfield, MI; Hendrick Northrop Grumman Information DE; University of Wisconsin- Motorsports Performance Group, Systems, Huntsville, AL; OpenJAUS, Milwaukee, Milwaukee, WI; UTC Charlotte, NC; Honeywell International, LLC, Allison Park, PA; Orbital ATK Aerospace Systems-Goodrich, Charlotte, Phoenix, AZ; Horstman Incorporated, (formerly Alliant Techsystems ATK), NC; Venture Management Services, LLC, Sterling Heights, MI; Hutchinson Tucson, AZ; Plasan North America, Troy, MI; Veyance Technologies, Inc., Industries, Inc., Trenton, NJ; Hydroid, Bennington, VT; PPG Industries, Inc., St. Marys, OH; VRC Metal Systems, Inc., Pocasset, MA; IAV Automotive Allison Park, PA; Primal Innovation, LLC, Rapid City, SD; VSE Corporation, Engineering, Inc., Northville, MI; IGNIO LLC, Lake Mary, FL; Primus Solutions, Alexandria, VA; Waltonen Engineering, LLC, Bloomfield Hills, MI; Iguana Inc., Colorado Springs, CO; Protection Inc., Warren, MI; and Wartech Technology LLC, Tillamook, OR; Engineering Consultants, LLC, San Engineering, LLC, Saline, MI, have been IMSolutions, LLC, Dumfries, VA; Induct Antonio, TX; QinetiQ, Inc., Centerville, added as parties to this venture. Technology, Inc., Boca Raton, FL; VA; Quantum Fuel Systems Also, 5D Robotics, Inc., Carlsbad, CA; Infinite Technologies, Inc., Folsom, CA; Technologies Worldwide, Inc., Lake Alliant Techsystems (ATK), Arlington, Inmatech, Inc., Ann Arbor, MI; Forest, CA; Quantum Signal, LLC, VA; American Reliance, Inc., El Monte, InnoVital Systems, Inc., Beltsville, MD; Saline, MI; RCR Manufacturing CA; Black-I Robotics, Inc., Tyngsboro, Integrated Solutions for Systems, Inc., Solutions, LLC, Lexington, NC; REL, MA; Bolduc Technology Group, LLC, Huntsville, AL; Intelligent Automation, Inc., Calumet, MI; Research Foundation Augusta, ME; C–21, Inc., Stow, MA; Inc., Rockville, MD; Intertek Testing of the City University of New York (City Coherent Logix, Inc., Austin, TX; Delta Services NA, LLC, Cortland, NY; J.G.W. College of New York), New York, NY; Tau Data Systems, Inc., Chatsworth, CA; International Ltd., Reston, VA; John H. Ricardo Defense Systems, Inc., Van Dragonfly Pictures, Inc., Essington, PA; Northrop & Associates, Inc., Burke, VA; Buren Township, MI; Robertson Fuel Edge Robotics Inc., Pittsburgh, PA; Johns Hopkins University Applied Systems LLC, Tempe, AZ; Rose-A-Lee Energid Technologies Corporation, Physics Laboratory, Laurel, MD; Kairos Technologies, Inc., Sterling Heights, MI; Cambridge, MA; Humanistic Robotics, Autonomi, Inc., Sandy, UT; Kalmar Roush Industries, Inc., Livonia, MI; S&K Inc., Philadelphia, PA; Insitu, Inc., Rough Terrain Center, Cibolo, TX; Kutta Global Solutions, LLC, Polson, MT; Saab Bingen, WA; Integrated Microwave Technologies, Inc., Phoenix, AZ; L–3 Defense and Security USA LLC, Technologies, LLC, Mount Olive, NJ; Interstate Electronics Corporation, Sterling, VA; Safe, Inc., Tempe, AZ; Saft Kraft TeleRobotics, Inc., Overland Park, Anaheim, CA; L–3 Mustang Technology, America, Inc., Cockeysville, MD; SAPA KS; Macro USA, Roseville, CA; Plano, TX; Leidos, Arlington, TX; Transmission, Inc., Deerfield Beach, FL; Michigan State University, East Lansing, Lentix, Inc., Powell, TN; Lionbridge, Science Applications International Corp MI; Mobile Intelligence Corporation, Sterling Heights, MI; Loc Performance (SAIC), McLean, VA; Seemann Livonia, MI; Pelican Mapping, Fairfax, Products, Plymouth, MI; Logikos, Inc., Composites, Inc., Gulfport, MS; Select VA; Photon-X, LLC, Kissimmee, FL; PNI Fort Wayne, IN; Lotus Engineering, Inc., Engineering Services, Layton, UT; SIFT, Sensor Corporation, Santa Rosa, CA; Ann Arbor, MI; LSA Autonomy, LLC, Minneapolis, MN; SimaFore, LLC, Quantum 3D, Inc., San Jose, CA; Rehg

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44047

Enterprises, Pearl River, NY; Robotic VA; ANRA Technologies, LLC, Stone DEPARTMENT OF JUSTICE Technology, Inc., Washington, DC; Ridge, VA; Systems & Technology Seegrid Corporation, Pittsburgh, PA; Research, Woburn, MA; Toyon Research Antitrust Division Segway Robotics, Bedford, MA; Corporation, Goleta, CA; Global Ground Sikorsky Aircraft Corporation, Stratford, Systems, LLC, Purcellville, VA; Leidos, Notice Pursuant to the National CT; TDC Acquisition Holdings, Inc., Inc., Reston, VA; Thales Defense & Cooperative Research and Production Huntsville, AL; Tech Wise, Colorado Security, Inc., Clarksburg, MD; Zoic Act of 1993—National Center for Springs, CO; Telefactor Robotics, LLC, Labs, LLC, Culver City, CA; Corner Manufacturing Sciences, Inc. West Conshohocken, PA; Texas A&M Alliance, Inc., Washington, DC; Digital Notice is hereby given that, on June 2, University, San Antonio, TX; University Global Systems, Beltsville, MD; C–3 2016, pursuant to section 6(a) of the of Arizona, Tucson, AZ; University of Comm Systems, LLC, Vienna, VA; EPIC National Cooperative Research and Louisiana at Lafayette, Lafayette, LA; Scientific, Spring Lake Heights, NJ; Production Act of 1993, 15 U.S.C. 4301 University of Pennsylvania, Metamagnetics, Inc., Canton, MA; et seq. (‘‘the Act’’), National Center for Philadelphia, PA; Wayne State University of Kansas Center for Manufacturing Sciences, Inc. (‘‘NCMS’’) University—College of Engineering, Research, Inc., Lawrence, KS; Adjacent has filed written notifications Detroit, MI; and Workhorse Link LLC, Bridgewater, NJ; University of simultaneously with the Attorney Technologies, LLC, Pittsburgh, PA, have Dayton, Dayton, OH; Welkin Sciences, General and the Federal Trade withdrawn as parties to this venture. LLC, Colorado Springs, CO; Aeronix, Commission disclosing changes in its No other changes have been made in Inc., Melbourne, FL; EpiSys Science, membership. The notifications were either the membership or planned Inc., Poway, CA; University of filed for the purpose of extending the activity of the group research project. California, Irvine, CA; Booz Allen Act’s provisions limiting the recovery of Membership in this group research Hamilton, Inc., Belcamp, MD; Waveform antitrust plaintiffs to actual damages project remains open, and NAMC Logic, Inc., Winter Park, FL; Agile under specified circumstances. intends to file additional written Communications, Inc., Thousand Oaks, Specifically, BAE Systems Aerospace notifications disclosing all changes in CA; Drexel University, Philadelphia, Defense Group, Inc., Phoenix, AZ; membership. PA; Scientific Research Corporation, Barfield, Inc., Miami, FL; Claxton On October 15, 2009, RTC filed its Atlanta, GA; Applied Technology Logistics, Dumfries, VA; Copernicus original notification pursuant to section Associates, Albuquerque, NM; Jupiterra Technology LTD, Ogden, UT; EADS 6(a) of the Act. The Department of LLC, Washington, DC; Photonic North America Test and Services, Justice published a notice in the Federal Systems, Inc., Billerica, MA; Ball Maryland Heights, MO; Elevate Register pursuant to section 6(b) of the Aerospace & Technologies Corp., Systems, San Antonio, TX; FIVES Act on November 30, 2009 (74 FR Fairborn, OH; MaXentric Technologies, Machining Systems Inc., Fond du Lac, 62599). LLC, Fort Lee, NJ; NorthWest Research The last notification was filed with WI; Flight Support, Inc., North Haven, Associates, Inc., Redmond, WA; and CT; Great Lakes Composites the Department on March 25, 2014. A Ideal Innovations Incorporated, notice was published in the Federal Consortium, Inc., West Columbia, SC; Arlington, VA, have been added as Impact Resources, Inc. dba IR Register pursuant to section 6(b) of the parties to this venture. Act on April 30, 2014 (79 FR 24450). Technologies, Bethesda, MD; J Also, ICF Incorporated, LLC, Fairfax, Chadwick Co., Monrovia, CA; MagneGas Patricia A. Brink, VA; Kestrel Corporation, Albuquerque, Corporation, Rochester Hills, MI; Director of Civil Enforcement, Antitrust NM; Metric Systems Corporation, Vista, MERC—Mercer Engineering Research Division. CA; and Shared Spectrum Company, Center, Beavercreek, OH; Michigan State [FR Doc. 2016–15969 Filed 7–5–16; 8:45 am] Vienna, VA, have withdrawn as parties University, East Lansing, MI; MKGCS, BILLING CODE P to this venture. Herndon, VA; Moog Incorporated, No other changes have been made in Plymouth, MI; National Additive Manufacturing Innovation Institute, DEPARTMENT OF JUSTICE either the membership or planned activity of the group research project. Gaithersburg, MD; National Center for Defense Manufacturing Machining Antitrust Division Membership in this group research project remains open, and NSC intends (NCDMM), Chambersburg, PA; PPG Notice Pursuant to the National to file additional written notifications Industries, Inc., Troy, MI; Pratt & Cooperative Research and Production disclosing all changes in membership. Whitney, Hartford, CT; PYA Analytics, Knoxville, TN; RGS Associates Inc., Act of 1993—National Spectrum On May 24, 2014, NSC filed its Consortium Arlington, VA; Russells Technical original notification pursuant to section Products, Holland, MI; Services and Notice is hereby given that, on May 6(a) of the Act. The Department of Solutions Group, LLC, Charleston, SC; 31, 2016, pursuant to section 6(a) of the Justice published a notice in the Federal Sikorsky Aircraft, Stratford, CT; National Cooperative Research and Register pursuant to section 6(b) of the Survivability Solutions, LLC, Troy, MI; Production Act of 1993, 15 U.S.C. 4301 Act on November 4, 2014 (72 FR 65424). Tata Technologies, Novi, MI; University et seq. (‘‘the Act’’), National Spectrum The last notification was filed with of Delaware—Center for Composite Consortium (‘‘NSC’’) has filed written the Department on March 15, 2016. A Materials, Newark, DE; and Vectron notifications simultaneously with the notice was published in the Federal International, Hudson, NH, have been Attorney General and the Federal Trade Register pursuant to section 6(b) of the added as parties to this venture. Commission disclosing changes in its Act on April 14, 2016 (81 FR 22120). Also, A&P Technology, Inc., membership. The notifications were Cincinnati, OH; Analysis, Integration & filed for the purpose of extending the Patricia A. Brink, Design, Inc. (AIDI), Melbourne, FL; Act’s provisions limiting the recovery of Director of Civil Enforcement, Antitrust Bayer MaterialScience, LLC, Pittsburgh, antitrust plaintiffs to actual damages Division. PA; Bi-Phase Technologies, LLC, Eagen, under specified circumstances. [FR Doc. 2016–15972 Filed 7–5–16; 8:45 am] MN; Connecticut Center for Advanced Specifically, Fibertek, Inc., Herndon, BILLING CODE P Technology, Inc. (CCAT), East Hartford,

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44048 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

CT; Curtiss-Wright Surface Production Act of 1993, 15 U.S.C. 4301 under specified circumstances. Technologies, Duncan, SC; Detroit et seq. (‘‘the Act’’), Pistoia Alliance, Inc. Specifically, Advanced Distributed Regional Chamber, Detroit, MI; has filed written notifications Learning Initiative, Alexandria, VA; Engineering Technology Associates, Inc. simultaneously with the Attorney American Printing House for the Blind, (ETA), Troy, MI; Fraunhofer USA, Inc., General and the Federal Trade Inc., Louisville, KY; Brandman Plymouth, MI; General Motors, LLC, Commission disclosing changes in its University, Irvine, CA; Clever, San Wixom, MI; Goodrich Corporation, membership. The notifications were Francisco, CA; Concentric Sky, Eugene, Charlotte, NC; Gravikor, Inc., Ann filed for the purpose of extending the OR; Digital Knowledge EdTech Lab Inc., Arbor, MI; H.A. Burrow Pattern Works, Act’s provisions limiting the recovery of Taito-Ku, Tokyo, JAPAN; Infinite Inc., Joliet, MT; Ilumisys, Inc., Troy, MI; antitrust plaintiffs to actual damages Campus, Blaine, MN; Macmillan Imaginestics, LLC, West Lafayette, IN; under specified circumstances. Learning, New York, NY; NetLearning Koops, Inc., Holland, MI; MAG–IAS, Specifically, IPQ Analytics LLC, Holdings, Inc., Shinjuku-ku, Tokyo, LLC, Hebron, KY; Michigan Department Kennett Square, PA; Novaseek Research, JAPAN; Research Center for Computing of Environmental Quality, Lansing, MI; Cambridge, MA; and Accenture, and Multimedia Studies, Hosei Microsoft Corporation, Seattle, WA; Berwyn, PA, have been added as parties University; Koganei City, Tokyo, PARC, a Xerox Company, Palo Alto, CA; to this venture. JAPAN; University of Central Florida Parker-Hannifin Corporation, Plymouth, Also, Oracle America Inc., Redwood Board of Trustees, Orlando, FL; and MI; Perfect Point, Inc., Plymouth Shores, CA, has withdrawn as a party to Volusia County Schools; DeLand, FL, Meeting, PA; QinetiQ North America, this venture. have been added as parties to this Inc., McLean, VA; Radian Precision, No other changes have been made in venture. Inc., Madison Heights, MI; RW either the membership or planned Also, UMASSOnline, Shrewsbury, Appleton & Company, Inc., Sterling activity of the group research project. MA; Apereo, Ann Arbor, MI; PsyDev, Heights, MI; Tabor Communications, Membership in this group research Sheffield, UNITED KINGDOM; and Inc. (TCI), San Diego, CA; Technical project remains open, and Pistoia Samsung Electronics, Gyeonggi-do, Objectives Professionals, LLC (TOP Alliance, Inc. intends to file additional REPUBLIC OF KOREA, have withdrawn Inc.), Kasson, MN; TotalSim, LLC, written notifications disclosing all as parties to this venture. Dublin, OH; University of California, changes in membership. No other changes have been made in Los Angeles (UCLA), Los Angeles, CA; On May 28, 2009, Pistoia Alliance, either the membership or planned University of Massachusetts—Lowell, Inc. filed its original notification activity of the group research project. Lowell, CA; and Wayne State pursuant to section 6(a) of the Act. The Membership in this group research University, Detroit, MI, have withdrawn Department of Justice published a notice project remains open, and IMS Global as parties to this venture. in the Federal Register pursuant to intends to file additional written No other changes have been made in section 6(b) of the Act on July 15, 2009 notifications disclosing all changes in either the membership or planned (74 FR 34364). membership. activity of the group research project. The last notification was filed with On April 7, 2000, IMS Global filed its Membership in this group research the Department on March 8, 2016. A original notification pursuant to section project remains open, and NCMS notice was published in the Federal 6(a) of the Act. The Department of intends to file additional written Register pursuant to section 6(b) of the Justice published a notice in the Federal notifications disclosing all changes in Act on April 14, 2016 (81 FR 22119). Register pursuant to section 6(b) of the membership. Patricia A. Brink, Act on September 13, 2000 (65 FR On February 20, 1987, NCMS filed its 55283). Director of Civil Enforcement, Antitrust The last notification was filed with original notification pursuant to section Division. 6(a) of the Act. The Department of the Department on March 18, 2016. A [FR Doc. 2016–15968 Filed 7–5–16; 8:45 am] Justice published a notice in the Federal notice was published in the Federal Register pursuant to section 6(b) of the BILLING CODE P Register pursuant to section 6(b) of the Act on March 17, 1987 (52 FR 8375). Act on April 18, 2016 (81 FR 22633). The last notification was filed with DEPARTMENT OF JUSTICE Patricia A. Brink, the Department on March 25, 2014. A notice was published in the Federal Director of Civil Enforcement, Antitrust Antitrust Division Division. Register pursuant to section 6(b) of the Act on April 30, 2014 (79 FR 24451). Notice Pursuant to the National [FR Doc. 2016–15965 Filed 7–5–16; 8:45 am] Cooperative Research and Production BILLING CODE P Patricia A. Brink, Act of 1993—IMS Global Learning Director of Civil Enforcement, Antitrust Consortium, Inc Division. DEPARTMENT OF JUSTICE [FR Doc. 2016–15964 Filed 7–5–16; 8:45 am] Notice is hereby given that, on June 8, Antitrust Division BILLING CODE P 2016, pursuant to section 6(a) of the National Cooperative Research and Notice Pursuant to the National Production Act of 1993, 15 U.S.C. 4301 DEPARTMENT OF JUSTICE Cooperative Research and Production et seq. (‘‘the Act’’), IMS Global Learning Act of 1993—American Society of Consortium, Inc. (‘‘IMS Global’’) has Mechanical Engineers Antitrust Division filed written notifications Notice Pursuant to the National simultaneously with the Attorney Notice is hereby given that, on May Cooperative Research and Production General and the Federal Trade 31, 2016, pursuant to section 6(a) of the Act Of 1993—Pistoia Alliance, Inc Commission disclosing changes in its National Cooperative Research and membership. The notifications were Production Act of 1993, 15 U.S.C. 4301 Notice is hereby given that, on May filed for the purpose of extending the et seq. (‘‘the Act’’), the American 31, 2016, pursuant to section 6(a) of the Act’s provisions limiting the recovery of Society of Mechanical Engineers National Cooperative Research and antitrust plaintiffs to actual damages (‘‘ASME’’) has filed written notifications

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44049

simultaneously with the Attorney Respondent’s ‘‘nurse practitioner nurse practitioner and owner of General and the Federal Trade license’’ and her ‘‘Advanced Practice Prillenium Healthcare, prescribed 8,614 Commission disclosing additions or Registered Nurse License with dangerous cocktail drugs without changes to its standards development Prescription Authorization,’’ resulting therapeutic benefit and failed to activities. The notifications were filed in her loss of authority under Texas law individually assess each patient and for the purpose of extending the Act’s ‘‘to handle controlled substances in the develop an individualized treatment provisions limiting the recovery of State of Texas.’’ Id. The Order thus plan. Id. at 1–2 (citations omitted). The antitrust plaintiffs to actual damages notified Respondent that her DEA Board also found that ‘‘Respondent’s under specified circumstances. registration was subject to revocation non-therapeutic prescribing practices Specifically, since January 26, 2016, based upon her ‘‘lack of authority to constitute grounds for disciplinary ASME has initiated two new standards handle controlled substances in the action.’’ Id. at 2 (citations omitted). activities within the general nature and State of Texas.’’ Id. (citing 21 U.S.C. The Board also found that ‘‘[o]n or scope of ASME’s standards 802(21), 823(f) and 824(a)(3)). about October 7, 2014 through development activities, as specified in The Show Cause Order also notified December 12, 2014 . . . Respondent its original notification, and has Respondent of her right to request a issued 410 prescriptions for discontinued three standards activities. hearing on the allegations or to submit hydrocodone, a Schedule II controlled More detail regarding these changes can a written statement while waving her substance, to patients not in a hospital be found at www.asme.org. right to a hearing, the procedure for setting or receiving hospice care.’’ Id. On September 15, 2004, ASME filed electing either option, and the Finding that Respondent ‘‘does not have its original notification pursuant to consequence for failing to elect either prescriptive authority to issue section 6(a) of the Act. The Department option. Id. at 2 (citing 21 CFR 1301.43). prescription for schedule II controlled of Justice published a notice in the On April 29, 2015, a DEA Diversion substances,’’ the Board also found that Federal Register pursuant to section Investigator personally served the Show ‘‘Respondent’s prescribing practice . . . 6(b) of the Act on October 13, 2004 (69 Cause Order on Respondent. GX 4. places patients at risk and endangers FR 60895). On May 18, 2015, the Office of public safety.’’ Id. The Board then The last notification with the Administrative Law Judges received a alleged that Respondent’s prescribing of Attorney General was filed on January letter from an attorney representing schedule II controlled substances 28, 2016. A notice was filed in the Respondent. GX 5. Therein, Respondent constitutes grounds for disciplinary Federal Register on February 26, 2016 waived her right to a hearing and action. Id. (citations omitted). (81 FR 9883). provided a written statement of her The Board further found that position on the matters of fact and law Respondent owned and operated a pain Patricia A. Brink, asserted by the Government. GX 5, at 2– clinic in violation of a state regulation, Director of Civil Enforcement, Antitrust 3. and that she issued prescriptions from Division. On February 16, 2016, the a location not registered with the Texas [FR Doc. 2016–15967 Filed 7–5–16; 8:45 am] Government submitted a Request for Medical Board. Id. (citations omitted). BILLING CODE P Final Agency Action along with the The Board alleged that this conduct also Investigative Record and Respondent’s constitutes grounds for disciplinary Statement of Position. Having action. Id. DEPARTMENT OF JUSTICE considered the record in its entirety, I The Board’s Order mandated that both make the following findings of fact. a probable cause hearing and a final Drug Enforcement Administration hearing on the matter be conducted Findings Prianglam Brooks, N.P.; Decision and within 60 days of the entry of its order. Order Respondent is the holder of DEA Id. at 3. According to Respondent’s Certificate of Registration MB1907611, statement, a hearing was held on April On April 14, 2015, the Deputy pursuant to which she is authorized to 7, 2015, at which a state administrative Assistant Administrator, Office of dispense controlled substances in law judge ‘‘extended the temporary Diversion Control, Drug Enforcement schedules III through V, as a mid-level suspension finding probable cause of a Administration, issued an Order to practitioner, at the registered location of continuing and imminent threat to the Show Cause to Prianglam Brooks, N.P. Prillenium Healthcare, 6260 WestPark public safety.’’ GX 5, at 2. According to (Respondent), of Houston, Texas. GX 1, Drive, Suite 260, Houston, Texas. GX 2. an online query of the Board’s Web site, at 1. The Show Cause Order proposed Her registration was last renewed in all of Respondent’s licenses remained the revocation of Respondent’s DEA June 2014 and expires on July 31, 2017. suspended as of the date of this Order. Certificate of Registration MB1907611, Id. See http://www.Board.texas.gov/forms/ which authorizes her to dispense Respondent is also the holder of apnrslt.asp. controlled substances in schedules III Advanced Practice Registered Nurse In her Statement, Respondent through V as a mid-level practitioner, as License No. AP119040 with Prescription contends that the Show Cause Order well as the denial of any pending Authorization No. 10237 and Permanent mischaracterizes the Board’s temporary applications to renew or modify her Registered Nurse License No. 784525 suspension as a ‘‘ ‘summary registration and any applications for any issued by the Texas Board of Nursing. suspension.’ ’’ GX 5, at 2. Respondent other DEA registration, because she does GX 3. However, on February 17, 2015, argues that the Board’s February 17, ‘‘not have authority to handle controlled the Board ordered the temporary 2015 temporary suspension was substances in the State of Texas, the suspension of Respondent’s licenses, imposed ‘‘prior to notice and hearing.’’ [S]tate in which’’ she is registered with finding that her continued practice as a Id. While Respondent acknowledges DEA. Id. (citing 21 U.S.C. 802(21), 823(f) nurse ‘‘constitutes a continuing and that the Board provided her with ‘‘a and 824(a)(3)). imminent threat to the public welfare.’’ probable cause hearing,’’ after which it More specifically, the Show Cause GX 3, at 1. found that she poses ‘‘a continuing and Order alleged that effective February 17, As support for its imminent threat imminent threat to the public safety’’ 2015, the Texas Board of Nursing (TBN) finding, the Board found that and thus continued the suspension,’’ issued a summary suspension of Respondent, while employed as a family she argues that ‘‘this is not a final order’’

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44050 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

and that a final hearing ‘‘has yet to be the State in which [s]he practices.’’ 21 remains free to challenge the allegations scheduled.’’ Id. (citation omitted). U.S.C. 823(f). Because Congress has raised by the State before the Board, and Respondent admits that she is not clearly mandated that a practitioner in the event she prevails, she can currently authorized to prescribe any possess state authority in order to be immediately apply for a new DEA medications in Texas. Id. at 3. She deemed a practitioner under the Act, registration. contends, however, that because the DEA has long held that revocation of a Accordingly, because it is undisputed temporary suspension ‘‘is not a final practitioner’s registration is the that Respondent’s Texas Advanced order’’ of the Board, DEA’s authority appropriate sanction whenever she is no Practice Nursing License and under 21 U.S.C. 824(a)(3) must be longer authorized to dispense controlled Prescription Authority remains considered in light of the its authority substances under the laws of the State suspended, I find that she no longer has under subsection 824(d), the provision in which she practices medicine. See, authority under the laws of Texas, the which authorizes the Attorney General e.g., Calvin Ramsey, 76 FR 20034, 20036 State in which she is registered, to to suspend a registration based upon a (2011); Sheran Arden Yeates, M.D., 71 dispense controlled substances. finding of imminent danger to public FR 39130, 39131 (2006); Dominick A. Therefore, she is not entitled to health or safety. Id. Respondent thus Ricci, 58 FR 51104, 51105 (1993); Bobby maintain her DEA registration. argues that because a suspension under Watts, 53 FR 11919, 11920 (1988). Accordingly, I will order that her section 824(d) ‘‘runs until the This is so even where, as here, the registration be revoked and that any conclusion of such proceeding, state board has imposed a suspension of pending applications be denied. including judicial review, . . . the a practitioner’s dispensing authority Order principle of comity . . . suggest[s] that prior to providing a hearing and the while a suspension of [her] registration practitioner has yet to be afforded the Pursuant to the authority vested in me may be appropriate [contingent on the opportunity to challenge the basis of the by 21 U.S.C. 823(f) and 824(a), as well outcome of the Board proceeding], a state board’s action. See, Ramsey 76 FR as 28 CFR 0.100(b), I order that DEA revocation is not appropriate.’’ Id. at 20036 (citations omitted). As the Certificate of Registration MB1907611, issued to Prianglam Brooks, N.P., be, Discussion Agency previously explained: ‘‘Under the CSA, it does not matter whether the and it hereby is, revoked. I further order Pursuant to 21 U.S.C. 824(a)(3), the suspension is for a fixed term or for a that any application of Prianglam Attorney General is authorized to Brooks, N.P., to renew or modify this duration which has yet to be determined suspend or revoke a registration issued registration, be, and it hereby is, denied. because it is continuing pending the under section 823 of this title, ‘‘upon a This Order is effective immediately.2 outcome of a state proceeding. Rather, finding that the registrant . . . has had what matters—as DEA has repeatedly Dated: June 27, 2016. [her] State license . . . suspended . . . held—is whether Respondent is without Chuck Rosenberg, by competent State authority and is no authority under [state] law to dispense Acting Administrator. longer authorized by State law to engage a controlled substance.’’ Bourne in the . . . dispensing of controlled [FR Doc. 2016–15955 Filed 7–5–16; 8:45 am] Pharmacy, Inc., 72 FR 18273, 18274 substances.’’ Also, DEA has long held BILLING CODE 4410–09–P (2007) (citation omitted). Cf. James L. that the possession of authority to dispense controlled substances under Hooper, 76 FR 71371 (2011) (collecting DEPARTMENT OF JUSTICE the laws of the State in which a cases); Blanton, 43 FR 27616 (1978) practitioner engages in professional (revoking registration of physician whose medical license had been Foreign Claims Settlement practice is a fundamental condition for Commission obtaining and maintaining a suspended for one year, but thereafter, practitioner’s registration. See, e.g., would have his license restored subject [F.C.S.C. Meeting and Hearing Notice No. Frederick Marsh Blanton, 43 FR 27616, to probationary conditions; ‘‘[a]s a result 6–16] of the suspension of his medical license, 27617 (1978) (‘‘State authorization to Sunshine Act Meeting dispense or otherwise handle controlled the [r]espondent is no longer authorized substances is a prerequisite to the to dispense or otherwise handle The Foreign Claims Settlement issuance and maintenance of a Federal controlled substances under the laws of Commission, pursuant to its regulations controlled substances registration.’’); Florida. Accordingly . . . the James L. Hooper, 76 FR 71371 (2011), [r]espondent’s DEA registration must be the Agency’s authority to immediately suspend a pet. for rev. denied, 481 Fed. Appx. 826 revoked’’). See also Rezik A. Saqer, 81 DEA registration, ‘‘simultaneously with the institution of proceedings under’’ section 824(a), (4th Cir. 2012). FR 22122, 22126 (2016). Because the CSA clearly makes the based upon a finding that a registrant poses ‘‘an This rule derives from the text of two imminent danger to public health or safety.’’ The provisions of the Controlled Substances. possession of state authority a condition provision says nothing about the Agency’s authority First, Congress defined ‘‘the term for maintaining a practitioner’s where a registrant’s state authority has been registration, it is of no consequence that suspended prior to hearing. Section 824(a) does, ‘practitioner’ [to] mean[ ] a . . . however, and while it provides the Attorney physician . . . or other person licensed, the Texas Board’s temporary suspension General with discretionary authority to suspend or registered or otherwise permitted, by order is not a final order of the Board. revoke upon making one or more of the five . . . the jurisdiction in which [s]he As for her contention that the principle enumerated findings, for the reasons explained of comity suggests that I should impose above, the specific provisions that apply to practices . . . to distribute, dispense, practitioners establish that a registrant who loses [or] administer . . . a controlled a suspension rather than a revocation, her state authority no longer meets the definition substance in the course of professional revoking her registration in no manner of a practitioner and cannot retain her registration practice.’’ 21 U.S.C. 802(21). Second, in interferes with the Texas Board’s even in a suspended status. 2 For the same reasons which led the Nursing setting the requirements for obtaining a authority to adjudicate the allegations it 1 Board to conclude that the continued practice of practitioner’s registration, Congress has raised against her. Respondent nursing by Respondent constitutes ‘‘a continuing directed that ‘‘[t]he Attorney General and imminent threat to public welfare’’ and to order 1 shall register practitioners . . . if the Respondent’s invocation of 21 U.S.C. 824(d) the summary suspension of Respondent’s licenses, provides no support for her contention that comity I conclude that the public interest necessitates that applicant is authorized to dispense . . . suggests that I suspend rather than revoke her this Order be effective immediately. 21 CFR controlled substances under the laws of registration. That provision governs the exercise of 1316.67.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44051

(45 CFR part 503.25) and the Dr. Ing. h.c. F. Porsche AG, and Porsche United States, California, and certain of Government in the Sunshine Act (5 Cars North America, Inc. alleging that the defendants, namely, Volkswagen U.S.C. 552b), hereby gives notice in the defendants violated Sections AG, Volkswagen Group of America, Inc., regard to the scheduling of open 203(a)(1), (2), (3)(A), and (3)(B) of the Volkswagen Group of America meetings as follows: Clean Air Act (‘‘Act’’), 42 U.S.C. Chattanooga Operations, LLC, and Audi Wednesday, July 13, 2016: 10:00 7522(a)(1), (2), (3)(A), and (3)(B), with AG (collectively, ‘‘Volkswagen’’). The a.m.—Issuance of Proposed Decisions in regard to approximately 500,000 model Decree partially resolves the claims against Iraq. year 2009 to 2015 motor vehicles governments’ claims for injunctive relief 11:00 a.m.—Issuance of Proposed containing 2.0 liter diesel engines (2.0 with respect to the 2.0 Liter Subject Decisions in claims against Libya. Liter Subject Vehicles) and Vehicles, by providing remedies for the Status: Open. approximately 80,000 model year 2009 cars on the road and the environmental All meetings are held at the Foreign to 2016 motor vehicles containing 3.0 harm from the violations. It does not Claims Settlement Commission, 600 E liter diesel engines (3.0 Liter Subject address the governments’ claims, inter Street NW., Washington, DC. Requests Vehicles). The United States’ complaint alia, for prospective injunctive relief to for information, or advance notices of alleges that each 2.0 and 3.0 Liter prevent future violations of the same intention to observe an open meeting, Subject Vehicle contains computer type that are alleged in the complaints, may be directed to: Patricia M. Hall, algorithms that are prohibited defeat claims for civil penalties, or claims Foreign Claims Settlement Commission, devices that cause the emissions control regarding the 3.0 liter Subject Vehicles. 600 E Street NW., Suite 6002, system of those vehicles to perform Because the Decree only addresses 2.0 Washington, DC 20579. Telephone: differently during normal vehicle Liter Subject Vehicles, and the Porsche (202) 616–6975. operation and use than during defendants only manufacture 3.0 liter Brian M. Simkin, emissions testing. The complaint alleges diesel vehicles for the United States Chief Counsel. that the defeat devices cause the market, no claims against the Porsche vehicles, during normal vehicle defendants are settled under this [FR Doc. 2016–16091 Filed 7–1–16; 4:15 pm] operation and use, to emit levels of Decree. BILLING CODE 4410–ba–P oxides of nitrogen (‘‘NOX’’) significantly Under the Decree, Volkswagen must in excess of EPA-compliant levels. The offer all Eligible Owners and Lessees of DEPARTMENT OF JUSTICE complaint seeks, among other things, Eligible Vehicles (all as defined in injunctive relief to remedy the Appendix A to the Decree) the option to Notice of Lodging of Proposed Partial violations, including mitigation of have Volkswagen buy back their cars or Consent Decree Under the Clean Air excess NOX emissions, and civil to terminate their leases at no cost. In Act penalties. addition, the Decree permits On June 27, 2016, the People of the Volkswagen to submit for EPA and On June 28, 2016, the Department of State of California (‘‘California’’), by and CARB review and approval, a proposal Justice lodged a proposed Partial through the California Air Resources for modifying the 2.0 Liter Subject Consent Decree with the United States Board (‘‘CARB’’) and the California Vehicles to reduce emissions. If EPA District Court for the Northern District Attorney General filed a complaint and CARB approve an emissions of California in the lawsuit entitled In against defendants alleging that modification for any category of the 2.0 re: Volkswagen ‘‘Clean Diesel’’ defendants violated Cal. Health & Safety Liter Subject Vehicles, Volkswagen Marketing, Sales Practices, and Code §§ 43106, 43107, 43151, 43152, must also offer all Eligible Owners and Products Liability Litigation, Case No: 43153, 43205, 43211, and 43212; Cal. Lessees of an Eligible Vehicle the MDL No. 2672 CRB (JSC), partially Code Regs. tit. 13, §§ 1903, 1961, 1961.2, additional option of receiving an resolving Clean Air Act and various 1965, 1968.2, and 2037, and 40 CFR emissions modification in lieu of a California claims (including under the Sections incorporated by reference in buyback. Volkswagen must achieve a California Health and Safety Code) those California regulations; Cal. Bus. & recall rate (through the buyback, lease against Volkswagen Group of America, Prof. Code §§ 17200 et seq., 17500 et termination, scrapped vehicles, and the Inc., and others, concerning certain seq., and 17580.5; Cal. Civ. Code § 3494; emissions modification option, if noncompliant 2.0 liter diesel vehicles. and 12 U.S.C. 5531 et seq., with regard approved) of 85% by June 30, 2019. If In addition, the Federal Trade to approximately 71,000 model year it fails to do so, Volkswagen must Commission (‘‘FTC’’) filed a related 2009 to 2015 motor vehicles containing augment the mitigation trust fund proposed Partial Stipulated Order for 2.0 liter diesel engines and discussed below by $85 million for each Permanent Injunction and Monetary approximately 16,000 model year 2009 1% that it falls short of the 85% rate. Judgment with Volkswagen (‘‘FTC to 2016 motor vehicles containing 3.0 Volkswagen must also achieve a Order’’), and the private Plaintiffs’ liter diesel engines, for a total of separate 85% recall rate for vehicles in Steering Committee (‘‘PSC’’) filed a approximately 87,000 motor vehicles. California, and must pay $13.5 million proposed Consumer Class Action The California complaint alleges, in to the mitigation trust (solely for Settlement Agreement and Release relevant part, that the motor vehicles mitigation projects in California) for (‘‘Class Action Settlement’’) with contain prohibited defeat devices and each 1% that it falls short of this target. Volkswagen with respect to the 2.0 liter have resulted in, and continue to result See Decree Section IV.D and diesel vehicles on the same date. The in, increased NOX emissions from each Appendices A and B. three settlements resolve separate such vehicle significantly in excess of In connection with the buyback, claims but offer coordinated relief. CARB requirements, that these vehicles Volkswagen must pay Eligible Owners On January 4, 2016, the United States, have resulted in the creation of a public no less than the cost of the retail on behalf of the Environmental nuisance, and that defendants engaged purchase of a comparable replacement Protection Agency (‘‘EPA’’) filed a in related conduct that violated unfair vehicle of similar value, condition and complaint against Volkswagen AG, competition, false advertising, and mileage as of September 17, 2015, the Volkswagen Group of America, Inc., consumer protection laws. day before the existence of the defeat Volkswagen Group of America This Partial Consent Decree devices was made known to the public Chattanooga Operations, LLC, Audi AG, (‘‘Decree’’) is entered into between the (‘‘retail replacement value’’). The Decree

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44052 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

acknowledges that Volkswagen may To submit titled ‘‘Magnetic Field Response satisfy this obligation through offering comments: Send them to: Measurement Acquisition System,’’ the payments required by the FTC Order NASA Case No. LAR–16908–1; U.S. and the Class Action Settlement, which By email ...... pubcomment-ees.enrd@ Patent No. 7,047,807 B2 titled ‘‘Flexible usdoj.gov. Framework for Capacitive Sensing,’’ are at least equal to the retail By mail ...... Assistant Attorney General, replacement value. The buyback/lease U.S. DOJ—ENRD, P.O. Box NASA Case No. LAR–16974–1; U.S. termination program under the Decree 7611, Washington, D.C. Patent No. 7,159,774 B2 titled remains open for two years after the 20044–7611. ‘‘Magnetic Field Response Measurement Decree is entered by the Court. See Acquisition System,’’ NASA Case No. Decree Section IV.A and Appendix A. If The Partial Consent Decree, the FTC LAR–17280–1; U.S. Patent No. EPA and CARB approve an emissions Order, and the Class Action Settlement 8,167,204 B2 titled ‘‘Wireless Damage modification, Volkswagen must offer it may all be viewed and downloaded Location Sensing System,’’ NASA Case to consumers indefinitely. See Decree from http://www.cand.uscourts.gov/crb/ No. LAR–17593–1; U.S. Patent No. Section IV.B and Appendices A and B. vwmdl. During the public comment 8,179,203 B2 titled ‘‘Wireless Electrical Volkswagen has set aside a defined period, the Partial Consent Decree may Device Using Open-Circuit Elements Having No Electrical Connections,’’ funding pool for consumer payments also be examined and downloaded at NASA Case No. LAR–17711–1; U.S. associated with the buyback, lease this Justice Department Web site: Patent No. 8,430,327 B2 titled ‘‘Wireless termination, and emissions modification https://www.justice.gov/enrd/consent- Sensing System Using Open-Circuit, compensation programs pursuant to the decrees. We will provide a paper copy Electrically-Conductive Spiral-Trace requirements of this Decree and the of the Partial Consent Decree upon Sensor,’’ NASA Case No. LAR–17294–1; related FTC Order and Class Action written request and payment of U.S. Patent Application No. 14/520,785 Settlement, and may fund consumer reproduction costs. Please mail your titled ‘‘Multi-Layer Wireless Sensor payments in connection with buyback, request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box Construct for Use at Electrically lease termination, and emissions 7611, Washington, DC 20044–7611. Conductive Material Surfaces,’’ NASA modifications up to $10,033,000,000. For the entire Partial Consent Decree Case No. LAR–18399–1; U.S. Patent In addition, under the Decree, and its appendices, please enclose a Application No. 14/520,863 titled Volkswagen must fund a trust over three check or money order for $55.25 (25 ‘‘Antenna for Far Field Transceiving,’’ years in the total amount of $2.7 billion, cents per page reproduction cost) NASA Case No. LAR–18400–1; U.S. which states, Puerto Rico, the District of payable to the United States Treasury. Patent Application No. 14/520,679 titled Columbia, and Indian tribes can use to For a copy of certain portions of the ‘‘Plasma Generator Using Spiral perform specified NOx mitigation Partial Consent Decree, please designate Conductors,’’ NASA Case No. LAR– projects. This amount is expected to which portions are requested, and 18401–1, to Remcal Products having its fund projects to fully mitigate the total, provide the appropriate amount of principal place of business in lifetime excess emissions from the 2.0 money. For the Partial Consent Decree Warrington, PA. The fields of use may Liter Subject Vehicles. See Decree without the exhibits and signature be limited to, but not necessarily limited Section IV.D and Appendix D. The trust pages, the cost is $13.50. For Appendix to, nondestructive evaluation and will be administered by a trustee to be A, the cost is $3.25. For Appendix B, the testing of manufactured products selected after the Decree is entered. cost is $17.25. For Appendix C, the cost (including molded plastic parts, rubber Finally, Volkswagen must invest $2 is $8.50. For Appendix D, the cost is parts, extruded parts and machined billion over a 10-year period to support $10.75. parts) using hand-held probes and/or custom-designed test assemblies. The the increased use of zero emission Karen S. Dworkin, vehicle (‘‘ZEV’’) technology in the patent rights in these inventions have Assistant Section Chief, Environmental been assigned to the United States of United States, including the Enforcement Section, Environment and development and maintenance of ZEV Natural Resources Division. America as represented by the Administrator of the National charging stations and infrastructure. See [FR Doc. 2016–15858 Filed 7–5–16; 8:45 am] Aeronautics and Space Administration. Consent Decree Section IV.C and BILLING CODE 4410–15–P Appendix C. The prospective partially exclusive license will comply with the terms and The publication of this notice opens conditions of 35 U.S.C. 209 and 37 CFR a period for public comment on the NATIONAL AERONAUTICS AND 404.7. Partial Consent Decree. Comments SPACE ADMINISTRATION DATES: The prospective partially concerning the Partial Consent Decree [Notice (16–045)] exclusive license may be granted unless, (but not concerning the FTC Order or within fifteen (15) days from the date of Class Action Settlement) should be Notice of Intent To Grant a Partially this published notice, NASA receives addressed to the Assistant Attorney Exclusive License written objections including evidence General, Environment and Natural and argument that establish that the Resources Division and should refer to AGENCY: National Aeronautics and Space Administration. grant of the license would not be In re: Volkswagen ‘‘Clean Diesel’’ consistent with the requirements of 35 Marketing, Sales Practices, and ACTION: Notice of Intent to Grant a Partially Exclusive License. U.S.C. 209 and 37 CFR. 404.7. Products Liability Litigation, Case No: Competing applications completed and MDL No. 2672 CRB (JSC), and D.J. Ref. SUMMARY: This notice is issued in received by NASA within fifteen (15) No. 90–5–2–1–11386. accordance with 35 U.S.C. 209(e) and 37 days of the date of this published notice All comments must be submitted no CFR 404.7(a)(1)(i). NASA hereby gives will also be treated as objections to the later than thirty (30) days after the notice of its intent to grant a partially grant of the contemplated partially publication date of this notice. exclusive license in the United States to exclusive license. Comments may be submitted either by practice the invention described and Objections submitted in response to email or by mail: claimed in U.S. Patent No. 7,086,593 B2 this notice will not be made available to

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44053

the public for inspection and, to the schedule you requested. We usually a specific medium. (See 36 CFR extent permitted by law, will not be prepare appraisal memoranda that 1225.12(e).) released under the Freedom of contain additional information Agencies may not destroy Federal Information Act, 5 U.S.C. 552. concerning the records covered by a records without Archivist of the United ADDRESSES: Objections relating to the proposed schedule. You may also States’ approval. The Archivist approves prospective license may be submitted to request these. If you do, we will also destruction only after thoroughly Patent Counsel, Office of Chief Counsel, provide them once we have completed considering the records’ administrative MS 30, NASA Langley Research Center, the appraisal. You have 30 days after we use by the agency of origin, the rights Hampton, VA 23681; (757) 864–3230 send to you these requested documents of the Government and of private people (phone), (757) 864–9190 (fax). in which to submit comments. directly affected by the Government’s activities, and whether or not the FOR FURTHER INFORMATION CONTACT: ADDRESSES: You may request a copy of records have historical or other value. any records schedule identified in this Robin W. Edwards, Patent Counsel, In addition to identifying the Federal Office of Chief Counsel, MS 30, NASA notice by contacting Records Appraisal agencies and any subdivisions Langley Research Center, Hampton, VA and Agency Assistance (ACRA) using requesting disposition authority, this 23681; (757) 864–3230; Fax: (757) 864– one of the following means: notice lists the organizational unit(s) 9190. Information about other NASA Mail: NARA (ACRA); 8601 Adelphi accumulating the records (or notes that inventions available for licensing can be Road; College Park, MD 20740–6001. the schedule has agency-wide found online at http:// Email: [email protected]. applicability when schedules cover technology.nasa.gov. FAX: 301–837–3698. records that may be accumulated Mark P. Dvorscak, You must cite the control number, throughout an agency); provides the Agency Counsel for Intellectual Property. which appears in parentheses after the control number assigned to each name of the agency that submitted the [FR Doc. 2016–15860 Filed 7–5–16; 8:45 am] schedule, the total number of schedule schedule, and a mailing address. If you items, and the number of temporary BILLING CODE 7510–13–P would like an appraisal report, please items (the records proposed for include that in your request. destruction); and includes a brief description of the temporary records. NATIONAL ARCHIVES AND RECORDS FOR FURTHER INFORMATION CONTACT: The records schedule itself contains a ADMINISTRATION Margaret Hawkins, Director, by mail at Records Appraisal and Agency full description of the records at the file [NARA–2016–040] Assistance (ACRA), National Archives unit level as well as their disposition. If and Records Administration, 8601 NARA staff has prepared an appraisal Records Schedules; Availability and Adelphi Road, College Park, MD 20740– memorandum for the schedule, it also Request for Comments 6001, by phone at 301–837–1799, or by includes information about the records. AGENCY: National Archives and Records email at [email protected]. You may request additional information about the disposition process at the Administration (NARA). SUPPLEMENTARY INFORMATION: Each year, addresses above. ACTION: Notice of availability of Federal agencies create billions of proposed records schedules; request for records on paper, film, magnetic tape, Schedules Pending comments. and other media. To control this 1. Department of Agriculture, accumulation, agency records managers Agricultural Research Service (DAA– SUMMARY: The National Archives and prepare schedules proposing records 0310–2014–0003, 10 items, 10 Records Administration (NARA) retention periods and submit these temporary items). Correspondence, publishes notice at least once monthly schedules for NARA’s approval. These reports, contracts, agreements, and of certain Federal agency requests for schedules provide for timely transfer experimental data related to agricultural records disposition authority (records into the National Archives of research projects. schedules). Once approved by NARA, historically valuable records and 2. Department of Agriculture, Farm records schedules provide mandatory authorize the agency to dispose of all Service Agency (DAA–0145–2015–0001, instructions on what happens to records other records after the agency no longer 3 items, 2 temporary items). Records when agencies no longer need them for needs them to conduct its business. related to the Conservation Reserve current Government business. The Some schedules are comprehensive and Program, including correspondence, records schedules authorize agencies to cover all the records of an agency or one reports, contract folders, and payment preserve records of continuing value in of its major subdivisions. Most documents. Proposed for permanent the National Archives of the United schedules, however, cover records of retention are significant case files. States and to destroy, after a specified only one office or program or a few 3. Department of the Army, Agency- period, records lacking administrative, series of records. Many of these update wide (DAA–AU–2016–0032, 1 item, 1 legal, research, or other value. NARA previously approved schedules, and temporary item). Master files of an publishes notice in the Federal Register some include records proposed as electronic information system that for records schedules in which agencies permanent. contains records relating to contracts propose to destroy records not The schedules listed in this notice are and contractor personnel in Germany. previously authorized for disposal or media neutral unless otherwise 4. Department of Defense, Defense reduce the retention period of records specified. An item in a schedule is Threat Reduction Agency (DAA–0374– already authorized for disposal. NARA media neutral when an agency may 2012–0002, 1 item, 1 temporary item). invites public comments on such apply the disposition instructions to Records regarding the security clearance records schedules, as required by 44 records regardless of the medium in of individual personnel including U.S.C. 3303a(a). which it creates or maintains the interviews, assessments, and DATES: NARA must receive requests for records. Items included in schedules investigative reports. copies in writing by August 5, 2016. submitted to NARA on or after 5. Department of Homeland Security, Once NARA finishes appraising the December 17, 2007, are media neutral United States Secret Service (DAA– records, we will send you a copy of the unless the item is expressly limited to 0087–2016–0001, 4 items, 4 temporary

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44054 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

items). Accreditation records relating to installations (ISFSIs) and certificates of experience with spent fuel storage an agency training facility and courses. compliance of spent fuel dry storage renewal reviews and the valuable input 6. Department of the Treasury, Bureau systems. received from stakeholders. The draft of Fiscal Service (DAA–0425–2016– ADDRESSES: Please refer to Docket ID NUREG–1927, Revision 1, was 0009, 2 items, 2 temporary items). NRC–2015–0106 when contacting the published for public comment on July 7, Records used to stop potentially NRC about the availability of 2015 (80 FR 38780). The staff improper payments by Federal agencies. information regarding this document. considered public comments received 7. Department of the Treasury, You may access publicly-available on the draft guidance in preparing the Internal Revenue Service (DAA–0058– information related to this document final NUREG–1927, Revision 1. The 2016–0016, 1 item, 1 temporary item). using any of the following methods: public comments are located in ADAMS Case files for corrections to agency • Federal Rulemaking Web site: Go to under Accession No. ML15356A560. employee retirement plans. http://www.regulations.gov and search The staff also prepared responses to the 8. Commodity Futures Trading for Docket ID NRC–2015–0106. Address public comments (ADAMS Accession Commission, Risk Surveillance (DAA– questions about NRC dockets to Carol No. ML16125A534). 0180–2014–0001, 3 items, 3 temporary Gallagher; telephone: 301–415–3463; II. Backfitting and Issue Finality items). Hypothetical fiscal projections email: [email protected]. For Provisions and reports used to perform market risk technical questions, contact the analysis. NUREG–1927, Revision 1, provides individual listed in the FOR FURTHER 9. National Archives and Records guidance to the NRC staff for the safety INFORMATION CONTACT section of this Administration, Government-wide review of renewal applications for document. (DAA–GRS–2016–0004, 2 items, 2 • specific ISFSI licenses and certificates NRC’s Agencywide Documents of compliance of spent fuel dry storage temporary items). A General Records Access and Management System Schedule for continuity and emergency systems. This revision to NUREG–1927 (ADAMS): You may obtain publicly does not present a new staff position, planning records. available documents online in the 10. National Archives and Records but only clarifies and expands upon ADAMS Public Documents collection at information previously provided. Administration, Government-wide http://www.nrc.gov/reading-rm/ (DAA–GRS–2016–0005, 5 items, 5 Issuance of this NUREG would not adams.html. To begin the search, select constitute backfitting as defined in the temporary items). A General Records ‘‘ADAMS Public Documents’’ and then Schedule for records related to public backfitting provisions in section 72.62 select ‘‘Begin Web-based ADAMS of title 10 of the Code of Federal communications and information Search.’’ For problems with ADAMS, exchanges between the Federal Regulations (10 CFR), which are please contact the NRC’s Public applicable to specific ISFSI licensees. government, citizens, and stakeholders, Document Room (PDR) reference staff at including routine operational records Issuance of the NUREG would also not 1–800–397–4209, 301–415–4737, or by constitute backfitting under 10 CFR for public affairs offices, public email to [email protected]. The correspondence requiring no formal 50.109, or otherwise be inconsistent ADAMS accession number for each with the issue finality provisions in 10 action, product production files, routine document referenced (if it is available in media relations records, and routine CFR part 52, which are applicable to ADAMS) is provided the first time that general ISFSI licensees using the audiovisual records. it is mentioned in this document. • certificates of compliance. The NRC’s Laurence Brewer, NRC’s PDR: You may examine and position is based upon the following Chief Records Officer for the U.S. purchase copies of public documents at considerations. Government. the NRC’s PDR, Room O1–F21, One 1. The NUREG positions do not [FR Doc. 2016–15962 Filed 7–5–16; 8:45 am] White Flint North, 11555 Rockville constitute backfitting, inasmuch as the BILLING CODE 7515–01–P Pike, Rockville, Maryland 20852. NUREG is internal guidance directed at FOR FURTHER INFORMATION CONTACT: the NRC staff with respect to their Kristina Banovac, Office of Nuclear regulatory responsibilities. NUCLEAR REGULATORY Material Safety and Safeguards, U.S. The NUREG provides guidance to the COMMISSION Nuclear Regulatory Commission, staff on how to review an application for Washington, DC 20555–0001; telephone: the NRC’s regulatory approval in the [NRC–2015–0106] 301–415–7116, email: form of licensing. Changes in internal [email protected]. Standard Review Plan for Renewal of staff guidance are not matters for which Specific Licenses and Certificates of SUPPLEMENTARY INFORMATION: ISFSI applicants or general ISFSI licensees using certificates of Compliance for Dry Storage of Spent I. Discussion Nuclear Fuel compliance are protected under the The NRC staff is issuing NUREG– backfitting provisions in 10 CFR 72.62 AGENCY: Nuclear Regulatory 1927, Revision 1 (ADAMS Accession and 10 CFR 50.109, or the issue finality Commission. No. ML16179A148), to provide greater provisions of 10 CFR part 52. ACTION: NUREG; issuance. detail and clarity for the various 2. The NRC staff has no intention to elements of the staff’s safety review of impose the NUREG positions on existing SUMMARY: The U.S. Nuclear Regulatory renewal applications for specific ISFSI licensees and regulatory approvals, Commission (NRC) is issuing NUREG– licenses and certificates of compliance either now or in the future. 1927, Revision 1, ‘‘Standard Review of spent fuel dry storage systems. The staff does not intend to impose or Plan for Renewal of Specific Licenses Through the development of NUREG– apply the positions described in the and Certificates of Compliance for Dry 1927, Revision 1, the staff engaged with NUREG to existing (already issued) Storage of Spent Nuclear Fuel.’’ The stakeholders in public meetings to licenses and regulatory approvals. NUREG provides guidance to the NRC obtain input on potential changes to the Therefore, the issuance of this NUREG— staff for the safety review of renewal guidance. The staff developed the draft even if considered guidance which is applications for specific licenses of NUREG–1927, Revision 1, which within the purview of the issue finality independent spent fuel storage addressed the staff’s recent review provisions in part 52—need not be

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44055

evaluated as if it were a backfit or as OFFICE OF PERSONNEL DATES: Comments are encouraged and being inconsistent with issue finality MANAGEMENT will be accepted until September 6, provisions. If, in the future, the staff 2016. This process is conducted in seeks to impose a position in the Submission for Review: Presidential accordance with 5 CFR 1320.1. Management Fellows (PMF) NUREG on holders of already issued ADDRESSES: Interested persons are Application, 3206–0082 licenses in a manner which does not invited to submit written comments on provide issue finality as described in the AGENCY: U.S. Office of Personnel the proposed information collection to applicable issue finality provision, then Management. the U.S. Office of Personnel the staff must make the showing as set ACTION: 60-Day notice and request for Management, PMF Program Office, forth in the backfitting provisions in 10 comments. Attention: Rob Timmins, 1900 E Street CFR 72.62 and 10 CFR 50.109, or NW., Room 6500, Washington, DC address the criteria for avoiding issue SUMMARY: The Office of Personnel 20415, or sent via electronic mail to finality as described in the applicable Management (OPM) offers the general [email protected]. public and other Federal agencies the issue finality provision in 10 CFR part FOR FURTHER INFORMATION CONTACT: A opportunity to comment on a 52. copy of this ICR, with applicable reinstatement, with change, of a supporting documentation, may be 3. Backfitting and issue finality do previously approved collection for obtained by contacting the U.S. Office of not—with limited exceptions not which approval has expired, for Personnel Management, PMF Program applicable here—protect current or information collection request (ICR) future applicants. 3206–0082, Presidential Management Office, Attention: Rob Timmins, 1900 E Street NW., Room 6500, Washington, Applicants and potential applicants Fellows (PMF) Application. As required by the Paperwork Reduction Act of 1995 DC 20415, or sent via electronic mail to are not, with certain exceptions, [email protected]. protected by the backfitting provisions (Pub. L. 104–13, 44 U.S.C. chapter 35), as amended by the Clinger-Cohen Act SUPPLEMENTARY INFORMATION: Executive in 10 CFR 72.62 or 10 CFR 50.109, or (Pub. L. 104–106), OPM is soliciting Order 13562, Recruiting and Hiring any issue finality provisions under part comments for this collection on behalf Students and Recent Graduates, and 52. This is because neither of the of the Office of Management and implementing regulations increased the backfitting provisions in parts 72 and Budget. Changes to this collection applicant window of eligibility. 50, nor the issue finality provisions include: (1) Reduction in estimated Students about to complete an advanced under part 52—with certain exclusions responses, (2) adjustments to the list of degree and individuals who completed discussed below—were intended to degrees\disciplines based on Federal an advanced degree, from an accredited apply to every NRC action which agency estimates (including adjustments academic institution, within the two substantially changes the expectations for needed STEM (Science, Technology, years prior to the opening date will use of current and future applicants. The Engineering, and Mathematics) the application to apply for the exceptions to the general principle are degrees\disciplines), (3) adjustments to Presidential Management Fellows (PMF) applicable whenever an applicant the list of additional skills and attributes Program. Advanced degree is defined as references a part 52 license (e.g., an based on Federal agency estimates, (4) a master’s, professional, or doctorate early site permit) and/or NRC regulatory adjustments to the list of languages degree. approval (e.g., a design certification based on Federal agency estimates, and The annual application is available as rule) with specified issue finality (5) the potential to ask applicants an embedded link with an provisions. However, the matters preferred geographic location if selected announcement posted on USAJOBS address in this NUREG are not subject as a Semi-Finalist in choosing an in- (www.USAJOBS.gov). Applicants are matters or issues for which issue finality person assessment center location. asked to submit a resume and transcript; The Office of Management and Budget protection is provided. submit supporting documentation for is particularly interested in comments claiming veterans’ preference or Indian III. Congressional Review Act that: preference, or requesting reasonable 1. Evaluate whether the proposed accommodations; complete an on-line This NUREG is a rule as defined in collection of information is necessary assessment; and, submit three essays as the Congressional Review Act (5 U.S.C. for the proper performance of the part of the assessment process. 801–808). However, the Office of functions of the agency, including Information on the PMF Program and Management and Budget has not found whether the information will have the application process can be found at it to be a major rule as defined in the practical utility; www.pmf.gov. Congressional Review Act. 2. Evaluate the accuracy of the agency’s estimate of the burden of the Analysis Dated at Rockville, Maryland, this 28 day proposed collection of information, Agency: U.S. Office of Personnel of June 2016. including the validity of the Management. For the Nuclear Regulatory Commission. methodology and assumptions used; Anthony H. Hsia, 3. Enhance the quality, utility, and Title: Presidential Management Fellows (PMF) Application. Deputy Director, Division of Spent Fuel clarity of the information to be Management, Office of Nuclear Material collected; and OMB Number: 3206–0082. Safety and Safeguards. 4. Minimize the burden of the Affected Public: Current graduate [FR Doc. 2016–15951 Filed 7–5–16; 8:45 am] collection of information on those who students who are expected to complete are to respond, including through the their advanced degree requirements by BILLING CODE 7590–01–P use of appropriate automated, August 31st of the following year upon electronic, mechanical, or other applying and individuals who obtained technological collection techniques or an advanced degree within the previous other forms of information technology, two years from the annual application e.g., permitting electronic submissions launching, from an accredited academic of responses. institution.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44056 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Number of Respondents: 8,200 officer of the Commission to represent 4. Personnel Matters and (average number of applicants from the interests of the general public in the Compensation Issues. 2013 thru 2016). proceeding, pursuant to 39 U.S.C. 505 5. Executive Session—Discussion of Estimated Time per Respondent: 15 (Public Representative). Section II also prior agenda items. minutes. establishes comment deadline(s) GENERAL COUNSEL CERTIFICATION: The Total Burden Hours: 2,050 hours. pertaining to each request. General Counsel of the United States U.S. Office of Personnel Management. The public portions of the Postal Postal Service has certified that the Beth F. Cobert, Service’s request(s) can be accessed via meeting may be closed under the the Commission’s Web site (http:// Government in the Sunshine Act. Acting Director. www.prc.gov). Non-public portions of CONTACT PERSON FOR MORE INFORMATION: [FR Doc. 2016–15861 Filed 7–5–16; 8:45 am] the Postal Service’s request(s), if any, Julie S. Moore, Secretary of the Board, BILLING CODE 6325–43–P can be accessed through compliance U.S. Postal Service, 475 L’Enfant Plaza with the requirements of 39 CFR SW., Washington, DC 20260–1000, 3007.40. Telephone: (202) 268–4800. POSTAL REGULATORY COMMISSION The Commission invites comments on Julie S. Moore, [Docket No. CP2016–196] whether the Postal Service’s request(s) in the captioned docket(s) are consistent Secretary. New Postal Product with the policies of title 39. For [FR Doc. 2016–16051 Filed 7–1–16; 11:15 am] request(s) that the Postal Service states BILLING CODE 7710–12–P AGENCY: Postal Regulatory Commission. concern market dominant product(s), ACTION: Notice. applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 SECURITIES AND EXCHANGE SUMMARY: The Commission is noticing U.S.C. 3642, 39 CFR part 3010, and 39 COMMISSION recent Postal Service filing for the CFR part 3020, subpart B. For request(s) Commission’s consideration concerning [Release No. 34–78191; File No. SR– that the Postal Service states concern a negotiated service agreement. This NYSEArca–2016–87] competitive product(s), applicable notice informs the public of the filing, statutory and regulatory requirements Self-Regulatory Organizations; NYSE invites public comment, and takes other include 39 U.S.C. 3632, 39 U.S.C. 3633, Arca, Inc.; Notice of Filing of Proposed administrative steps. 39 U.S.C. 3642, 39 CFR part 3015, and Rule Change Relating to Listing and DATES: Comments are due: July 7, 2016 39 CFR part 3020, subpart B. Comment Trading of Shares of First Trust ADDRESSES: Submit comments deadline(s) for each request appear in Horizon Managed Volatility Domestic electronically via the Commission’s section II. ETF and First Trust Horizon Managed Filing Online system at http:// Volatility Developed International ETF II. Docketed Proceeding(s) www.prc.gov. Those who cannot submit Under NYSE Arca Equities Rule 8.600 comments electronically should contact 1. Docket No(s).: CP2016–196; Filing the person identified in the FOR FURTHER Title: Notice of the United States Postal June 29, 2016. 1 INFORMATION CONTACT section by Service of Filing Modification to Global Pursuant to Section 19(b)(1) of the telephone for advice on filing Plus 3 Negotiated Service Agreement; Securities Exchange Act of 1934 (the alternatives. Filing Acceptance Date: June 27, 2016; ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 notice is hereby given that on June 16, FOR FURTHER INFORMATION CONTACT: Filing Authority: 39 U.S.C. 3642 and 39 CFR 3020.30 et seq.; Public 2016, NYSE Arca, Inc. (the ‘‘Exchange’’ David A. Trissell, General Counsel, at or ‘‘NYSE Arca’’) filed with the 202–789–6820. Representative: Natalie R. Ward; Comments Due: July 7, 2016. Securities and Exchange Commission SUPPLEMENTARY INFORMATION: This notice will be published in the (the ‘‘Commission’’) the proposed rule Table of Contents Federal Register. change as described in Items I, II, and III below, which Items have been I. Introduction Stacy L. Ruble, prepared by the self-regulatory II. Docketed Proceeding(s) Secretary. organization. The Commission is I. Introduction [FR Doc. 2016–15888 Filed 7–5–16; 8:45 am] publishing this notice to solicit BILLING CODE 7710–FW–P comments on the proposed rule change The Commission gives notice that the from interested persons. Postal Service has filed request(s) for the Commission to consider matters related I. Self-Regulatory Organization’s to negotiated service agreement(s). The POSTAL SERVICE Statement of the Terms of Substance of requests(s) may propose the addition or the Proposed Rule Change Temporary Emergency Committee of removal of a negotiated service The Exchange proposes to list and agreement from the market dominant or the Board of Governors; Sunshine Act Meeting trade shares of the following under the competitive product list, or the NYSE Arca Equities Rule 8.600 modification of an existing product DATES AND TIMES: Wednesday, July 13, (‘‘Managed Fund Shares’’): First Trust currently appearing on the market 2016, at 1:00 p.m. Horizon Managed Volatility Domestic dominant or the competitive product ETF and First Trust Horizon Managed PLACE: via Teleconference. list. Volatility Developed International ETF. Section II identifies the docket STATUS: Closed. The proposed rule change is available number(s) associated with each Postal MATTERS TO BE CONSIDERED: on the Exchange’s Web site at Service request, the title of each Postal www.nyse.com, at the principal office of Service request, the request’s acceptance Wednesday, July 13, 2016, at 1:00 p.m. date, and the authority cited by the 1. Strategic Issues. 1 15 U.S.C. 78s(b)(1). Postal Service for each request. For each 2. Financial Matters. 2 15 U.S.C. 78a. request, the Commission appoints an 3. Pricing. 3 17 CFR 240.19b–4.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44057

the Exchange, and at the Commission’s open-end management investment 8.600 is similar to Commentary .03(a)(i) Public Reference Room. company.6 and (iii) to NYSE Arca Equities Rule The investment adviser to the Funds 5.2(j)(3); however, Commentary .06 in II. Self-Regulatory Organization’s will be First Trust Advisors L.P. (the connection with the establishment of a Statement of the Purpose of, and ‘‘Adviser’’ or ‘‘First Trust’’). Horizon ‘‘fire wall’’ between the investment Statutory Basis for, the Proposed Rule Investments, LLC (‘‘Sub-Adviser’’) will adviser and the broker-dealer reflects Change be the sub-adviser to the Funds. First the applicable open-end fund’s In its filing with the Commission, the Trust Portfolios L.P. (the ‘‘Distributor’’) portfolio, not an underlying benchmark self-regulatory organization included will be the principal underwriter and index, as is the case with index-based statements concerning the purpose of, distributor of the Funds’ Shares. Brown funds. The Adviser and Sub-Adviser are and basis for, the proposed rule change Brothers Harriman & Co. (‘‘BBH’’) will not broker-dealers, but the Adviser is and discussed any comments it received serve as administrator, custodian and affiliated with First Trust Portfolios L.P., on the proposed rule change. The text transfer agent for the Funds. a broker-dealer. The Sub-Adviser is not of those statements may be examined at Commentary .06 to Rule 8.600 currently affiliated with a broker-dealer. the places specified in Item IV below. provides that, if the investment adviser The Adviser has implemented a fire The Exchange has prepared summaries, to the investment company issuing wall with respect to its broker-dealer set forth in sections A, B, and C below, Managed Fund Shares is affiliated with affiliate regarding access to information of the most significant parts of such a broker-dealer, such investment adviser concerning the composition and/or statements. shall erect a ‘‘fire wall’’ between the changes to the portfolios. In the event investment adviser and the broker- (a) the Adviser or the Sub-Adviser A. Self-Regulatory Organization’s dealer with respect to access to becomes registered as a broker-dealer or Statement of the Purpose of, and the information concerning the composition newly affiliated with a broker-dealer, or Statutory Basis for, the Proposed Rule and/or changes to such investment (b) any new adviser or sub-adviser is a Change company portfolio. In addition, registered broker-dealer or becomes 1. Purpose Commentary .06 further requires that affiliated with a broker-dealer, it will personnel who make decisions on the implement a fire wall with respect to its The Exchange proposes to list and open-end fund’s portfolio composition relevant personnel or its broker-dealer trade the shares (‘‘Shares’’) of the must be subject to procedures designed affiliate regarding access to information following under NYSE Arca Equities to prevent the use and dissemination of concerning the composition and/or Rule 8.600, which governs the listing material nonpublic information changes to the portfolio, and will be 4 and trading of Managed Fund Shares regarding the open-end fund’s subject to procedures designed to on the Exchange: First Trust Horizon portfolio.7 Commentary .06 to Rule prevent the use and dissemination of Managed Volatility Domestic ETF and material non-public information First Trust Horizon Managed Volatility 6 The Trust is registered under the 1940 Act. On regarding such portfolio. Developed International ETF (each a June 6, 2016, the Trust filed with the Commission ‘‘Fund’’ and, collectively, the an amendment to its registration statement on Form First Trust Horizon Managed Volatility ‘‘Funds’’).5 The Shares will be offered N–1A under the Securities Act of 1933 (‘‘1933 Act’’) Domestic ETF and under the 1940 Act relating to the Funds (File by First Trust Exchange-Traded Fund III Nos. 333–176976 and 811–22245) (‘‘Registration According to the Registration (the ‘‘Trust’’), which is organized as a Statement’’). The description of the operation of the Statement, the investment objective of Massachusetts business trust and is Trust and the Funds herein is based, in part, on the the Fund will be to provide capital registered with the Commission as an Registration Statement. In addition, the appreciation. Under normal market Commission has issued an order granting certain 8 exemptive relief to the Trust under the 1940 Act. conditions, the Fund will seek to 4 A Managed Fund Share is a security that See Investment Company Act Release No. 28468 achieve its investment objective by represents an interest in an investment company (October 27, 2008) (File No. 812–13477 investing at least 80% of its net assets registered under the Investment Company Act of (‘‘Exemptive Order’’). (including investment borrowings) in 7 1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as An investment adviser to an open-end fund is common stocks of domestic companies an open-end investment company or similar entity required to be registered under the Investment that invests in a portfolio of securities selected by Advisers Act of 1940 (the ‘‘Advisers Act’’). As a listed and traded on U.S. national its investment adviser consistent with its result, the Adviser and Sub-Adviser and their securities exchanges that the Sub- investment objectives and policies. In contrast, an related personnel are subject to the provisions of Adviser believes exhibit low future open-end investment company that issues Rule 204A–1 under the Advisers Act relating to expected volatility. The goal of this Investment Company Units, listed and traded on codes of ethics. This Rule requires investment the Exchange under NYSE Arca Equities Rule advisers to adopt a code of ethics that reflects the strategy will be to capture upside price 5.2(j)(3), seeks to provide investment results that fiduciary nature of the relationship to clients as movements in rising markets and reduce correspond generally to the price and yield well as compliance with other applicable securities downside risk when markets decline. To performance of a specific foreign or domestic stock laws. Accordingly, procedures designed to prevent implement this strategy, in selecting index, fixed income securities index or combination the communication and misuse of non-public thereof. information by an investment adviser must be securities for the Fund from a portfolio 5 The Commission has previously approved consistent with Rule 204A–1 under the Advisers of eligible securities, the Sub-Adviser listing and trading on the Exchange of a number of Act. In addition, Rule 206(4)–7 under the Advisers will employ volatility forecasting actively managed funds under Rule 8.600. See, e.g., Act makes it unlawful for an investment adviser to models to forecast future expected Securities Exchange Act Release Nos. 57801 (May provide investment advice to clients unless such 8, 2008), 73 FR 27878 (May 14, 2008) (SR– investment adviser has (i) adopted and volatility. The strategy will largely be NYSEArca–2008–31) (order approving Exchange implemented written policies and procedures quantitative and rules-based, but will listing and trading of twelve actively-managed reasonably designed to prevent violation, by the funds of the WisdomTree Trust); 60460 (August 7, investment adviser and its supervised persons, of 8 The term ‘‘under normal market conditions’’ 2009), 74 FR 41468 (August 17, 2009) (SR– the Advisers Act and the Commission rules adopted includes, but is not limited to, the absence of NYSEArca–2009–55) (order approving listing of thereunder; (ii) implemented, at a minimum, an extreme volatility or trading halts in the equity Dent Tactical ETF); 62502 (July 15, 2010), 75 FR annual review regarding the adequacy of the markets or the financial markets generally; 42471 (July 21, 2010) (SR–NYSEArca–2010– policies and procedures established pursuant to operational issues causing dissemination of 57)(order approving listing of AdvisorShares WCM/ subparagraph (i) above and the effectiveness of their inaccurate market information; or force majeure BNY Mellon Focused Growth ADR ETF); 69251 implementation; and (iii) designated an individual type events such as systems failure, natural or man- (March 28, 2013), 78 FR 20162 (April 3, 2013) (SR– (who is a supervised person) responsible for made disaster, act of God, armed conflict, act of NYSEArca–2013–14) (order approving listing of administering the policies and procedures adopted terrorism, riot or labor disruption or any similar Cambria Shareholder Yield ETF). under subparagraph (i) above. intervening circumstance.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44058 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

also include multiple parameters over the number of holdings and the The Fund is classified as ‘‘non- which the Sub-Adviser may exercise weightings of particular holdings) in diversified’’ under the 1940 Act. discretion (including, but not limited to, connection with its active management Non-Principal Investments the number of holdings and the of the Fund. weightings of particular holdings) in To begin, the Sub-Adviser will gather According to the Registration connection with its active management pricing and generate return data for the Statement, while each Fund, under of the Fund. starting universe. The Sub-Adviser then normal market conditions, will invest at To begin, the Sub-Adviser will gather will conduct volatility forecasts for all least 80% of its net assets in the pricing and generate return data for the constituents. The constituent securities securities and financial instruments starting universe. The Sub-Adviser then will then be ranked from low to high described above, a Fund may invest up will conduct volatility forecasts for all based on their volatility forecasts for to 20% of its net assets in the following constituents. The constituent securities inclusion in the portfolio. The Sub- securities and instruments. will then be ranked from low to high Adviser will target a subset of the Each Fund may invest in cash and based on their volatility forecasts for starting universe as sorted by future cash equivalents.12 inclusion in the portfolio. The Sub- expected volatility. Once the final The First Trust Horizon Managed Adviser will target a subset of the portfolio is selected, the Sub-Adviser Volatility Domestic ETF may invest in starting universe as sorted by future will measure co-movements of the exchange-traded ADRs. expected volatility. Once the final selected securities using advanced Creation and Redemption of Shares portfolio is selected, the Sub-Adviser statistical techniques designed to reduce will measure co-movements of the estimation error. In the final portfolio Each Fund will issue and redeem selected securities using advanced construction, the Sub-Adviser will give Shares on a continuous basis at net asset statistical techniques designed to reduce larger weights to securities with lower value (‘‘NAV’’) 13 only in large blocks of estimation error. In the final portfolio future expected volatility and will use a Shares (‘‘Creation Units’’) in construction, the Sub-Adviser will give ‘‘tuning’’ parameter to adjust how transactions with authorized larger weights to securities with lower aggressive the weighting scheme is participants, generally including broker- future expected volatility and will use a depending on market conditions.10 The dealers and large institutional investors ‘‘tuning’’ parameter to adjust how Fund’s investments in the common (‘‘Authorized Participants’’). Creation aggressive the weighting scheme is stocks of developed market companies Units generally will consist of 50,000 depending on market conditions. may be in the form of ‘‘Depositary Shares, although this may change from The Fund is classified as ‘‘non- Receipts’’, as described below.11 time to time. Creation Units, however, diversified’’ under the 1940 Act. are not expected to consist of less than 10 50,000 Shares. As described in the First Trust Horizon Managed Volatility The non-U.S. equity securities in the Fund’s portfolio will meet the following criteria on a Registration Statement and consistent Developed International ETF continual basis: (1) Non-U.S. equity securities each with the Exemptive Order, a Fund will shall have a minimum market value of at least $100 According to the Registration million; (2) non-U.S. equity securities each shall issue and redeem Creation Units in Statement, the investment objective of have a minimum global monthly trading volume of exchange for an in-kind portfolio of the Fund will be to provide capital 250,000 shares, or minimum global notional volume instruments and/or cash in lieu of such appreciation. Under normal market traded per month of $25,000,000, averaged over the instruments (the ‘‘Creation Basket’’).14 last six months; (3) the most heavily weighted non- conditions, the Fund will seek to U.S. equity security shall not exceed 25% of the In addition, if there is a difference achieve its investment objective by weight of the Fund’s entire portfolio, and, to the between the NAV attributable to a investing at least 80% of its net assets extent applicable, the five most heavily weighted Creation Unit and the market value of (including investment borrowings) in non-U.S. equity securities shall not exceed 60% of the Creation Basket exchanged for the the weight of the Fund’s entire portfolio; and (4) common stocks of developed market each non-U.S. equity security shall be listed and Creation Unit, the party conveying 9 companies listed and traded on non- traded on an exchange that has last-sale reporting. instruments (which may include cash- U.S. exchanges that the Sub-Adviser For purposes of this filing, the term ‘‘non-U.S. in-lieu amounts) with the lower value believes exhibit low future expected equity securities’’ includes common stocks of will pay to the other an amount in cash foreign corporations and ‘‘Depositary Receipts’’ (as volatility. The goal of this strategy will described below, excluding Depositary Receipts be to capture upside price movements that are listed on a U.S. exchange). 12 For purposes of this filing, cash equivalents are in rising markets and reduce downside 11 Depositary Receipts include American the following: (i) Short-term obligations issued by risk when markets decline. To Depositary Receipts (‘‘ADRs’’), Global Depositary the U.S. Government that have remaining terms to maturity of not more than 397 days; (ii) negotiable implement this strategy, in selecting Receipts (‘‘GDRs’’) and European Depositary Receipts (‘‘EDRs’’). ADRs are receipts typically certificates of deposit, fixed time deposits, and securities for the Fund from a portfolio issued by an American bank or trust company that bankers’ acceptances of U.S. and foreign banks and of eligible securities, the Sub-Adviser evidence ownership of underlying securities issued similar institutions; (iii) commercial paper rated at will employ volatility forecasting by a foreign corporation. EDRs are receipts issued the date of purchase ‘‘Prime-1’’ by Moody’s Investors Service, Inc. or ‘‘A-1+’’ or ‘‘A-1’’ by models to forecast future expected by a European bank or trust company evidencing ownership of securities issued by a foreign Standard & Poor’s or, if unrated, of comparable volatility. The strategy will largely be corporation. GDRs are receipts issued throughout quality as determined by the Adviser or Sub- quantitative and rules-based, but will the world that evidence a similar arrangement. Adviser; (iv) repurchase agreements; and (v) money also include multiple parameters over ADRs, EDRs and GDRs may trade in foreign market mutual funds. 13 which the Sub-Adviser may exercise currencies that differ from the currency the The NAV of a Fund’s Shares generally will be underlying security for each ADR, EDR or GDR calculated once daily Monday through Friday as of discretion (including, but not limited to, principally trades in. Global shares are the actual the close of regular trading on the New York Stock (ordinary) shares of a non-U.S. company which Exchange (‘‘NYSE’’), generally 4:00 p.m., Eastern 9 The term ‘‘developed market companies’’ means trade both in the home market and the United Time. NAV per Share will be calculated by dividing those companies (i) whose securities are traded States. Generally, ADRs, in registered form, are a Fund’s net assets by the number of Fund Shares principally on a stock exchange in a developed designed for use in the U.S. securities markets. outstanding. market country, (ii) that are organized under the EDRs, in registered form, are used to access 14 It is expected that the Funds will typically laws of, or have a primary business office in, a European markets. GDRs, in registered form, are issue and redeem Creation Units on an in-kind developed market country, or (iii) that have at least tradable both in the United States and in Europe basis; however, subject to, and in accordance with, 50% of their assets in, or derive at least 50% of and are designed for use throughout the world. All the provisions of the Exemptive Order, the Funds their revenues or profits from, a developed market Depositary Receipts in which the Fund invests will may, at times, issue and redeem Creation Units on country. be traded on a U.S. or a non-U.S. exchange. a cash (or partially cash) basis.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44059

equal to the difference (referred to as the portfolio liquidity on an ongoing basis including interest or dividends accrued ‘‘Cash Component’’). to determine whether, in light of current but not yet collected, less all liabilities, Creations and redemptions must be circumstances, an adequate level of including accrued expenses and made by or through an Authorized liquidity is being maintained, and will dividends declared but unpaid, and Participant that has executed an consider taking appropriate steps in dividing such amount by the total agreement that has been agreed to by the order to maintain adequate liquidity if, number of Shares outstanding. The Distributor and BBH with respect to through a change in values, net assets, result, rounded to the nearest cent, will creations and redemptions of Creation or other circumstances, more than 15% be the NAV per Share. All valuations Units. All standard orders to create of a Fund’s net assets are held in will be subject to review by the Board Creation Units must be received by the illiquid assets. Illiquid assets include of Trustees of the Trust (‘‘Trust Board’’) transfer agent no later than the closing securities subject to contractual or other or its delegate. time of the regular trading session on restrictions on resale and other Each Fund’s investments will be the NYSE (ordinarily 4:00 p.m., Eastern instruments that lack readily available valued daily. As described more Time) (the ‘‘Closing Time’’) in each case markets as determined in accordance specifically below, investments traded on the date such order is placed in order with Commission staff guidance.16 on an exchange (i.e., a regulated for the creation of Creation Units to be Each Fund intends to qualify annually market), will generally be valued at effected based on the NAV of Shares as and to elect to be treated as a regulated market value prices that represent last next determined on such date after investment company (‘‘RIC’’) under the sale or official closing prices. In receipt of the order in proper form. Internal Revenue Code.17 addition, as described more specifically Shares may be redeemed only in The Funds will not invest in options, below, non-exchange traded Creation Units at their NAV next futures, or swaps. investments will generally be valued determined after receipt not later than Each Fund’s investments will be using prices obtained from third party the Closing Time of a redemption consistent with such Fund’s investment pricing services (each, a ‘‘Pricing 18 request in proper form by a Fund objective and will not be used to Service’’). If, however, valuations for through the transfer agent and only on enhance leverage. That is, while a Fund any of the Funds’ investments cannot be a business day. A Fund’s custodian, will be permitted to borrow as permitted readily obtained as provided in the through the National Securities Clearing under the 1940 Act, such Fund’s preceding manner, or the Pricing Corporation, will make available on investments will not be used to seek Committee of the Adviser (the ‘‘Pricing 19 each business day, prior to the opening performance that is the multiple or Committee’’) questions the accuracy of business of the Exchange, the list of inverse multiple (i.e., 2Xs and 3Xs) of or reliability of valuations that are so the names and quantities of the such Fund’s broad-based securities obtained, such investments will be instruments comprising the Creation market index (as defined in Form N– valued at fair value, as determined by Basket, as well as the estimated Cash 1A). the Pricing Committee, in accordance Component (if any), for that day. The with valuation procedures (which may Net Asset Value published Creation Basket will apply be revised from time to time) adopted by until a new Creation Basket is Each Fund’s NAV will be determined the Trust Board (the ‘‘Valuation announced on the following business as of the close of regular trading on the Procedures’’), and in accordance with day prior to commencement of trading NYSE on each day the NYSE is open for provisions of the 1940 Act. The Pricing in the Shares. trading. If the NYSE closes early on a Committee’s fair value determinations valuation day, the NAV will be may require subjective judgments about Investment Restrictions determined as of that time. NAV per the value of an investment. The fair On a temporary basis, including for Share will be calculated for a Fund by valuations attempt to estimate the value defensive purposes, during the initial taking the value of a Fund’s total assets, at which an investment could be sold at invest-up period and during periods of the time of pricing, although actual sales high cash inflows or outflows, a Fund or sell the security and the number of other could result in price differences, which may depart from its principal potential purchasers; dealer undertakings to make could be material. Valuing the Funds’ a market in the security; and the nature of the investments using fair value pricing can investment strategies; for example, it security and the nature of the marketplace trades may hold a higher than normal result in using prices for those (e.g., the time needed to dispose of the security, the investments (particularly, as applicable, proportion of its assets in cash. During method of soliciting offers, and the mechanics of investments that trade in foreign such periods, a Fund may not be able transfer). 16 markets) that may differ from current to achieve its investment objective. A The Commission has stated that long-standing Commission guidelines have required open-end market valuations. Fund may adopt a defensive strategy funds to hold no more than 15% of their net assets Certain securities in which a Fund when the Adviser and/or the Sub- in illiquid securities and other illiquid assets. See may invest will not be listed on any Adviser believes securities in which Investment Company Act Release No. 28193 (March securities exchange or board of trade. such Fund normally invests have 11, 2008), 73 FR 14618 (March 18, 2008), footnote 34. See also, Investment Company Act Release No. Such securities will typically be bought elevated risks due to political or 5847 (October 21, 1969), 35 FR 19989 (December and sold by institutional investors in economic factors and in other 31, 1970) (Statement Regarding ‘‘Restricted individually negotiated private extraordinary circumstances. Securities’’); Investment Company Act Release No. transactions that function in many Each Fund may hold up to an 18612 (March 12, 1992), 57 FR 9828 (March 20, 1992) (Revisions of Guidelines to Form N–1A). A respects like an over-the-counter aggregate amount of 15% of its net fund’s portfolio security is illiquid if it cannot be secondary market, although typically no assets in illiquid assets (calculated at disposed of in the ordinary course of business formal market makers will exist. Certain the time of investment) deemed illiquid within seven days at approximately the value ascribed to it by the fund. See Investment Company by the Adviser and/or the Sub- Act Release No. 14983 (March 12, 1986), 51 FR 18 The Adviser may use various Pricing Services 15 Adviser. Each Fund will monitor its 9773 (March 21, 1986) (adopting amendments to or discontinue the use of any Pricing Services, as Rule 2a–7 under the 1940 Act); Investment approved by the Trust Board from time to time. 15 In reaching liquidity decisions, the Adviser Company Act Release No. 17452 (April 23, 1990), 19 The Pricing Committee will be subject to and/or the Sub-Adviser may consider the following 55 FR 17933 (April 30, 1990) (adopting Rule 144A procedures designed to prevent the use and factors: The frequency of trades and quotes for the under the 1933 Act). dissemination of material non-public information security; the number of dealers wishing to purchase 17 26 U.S.C. 851. regarding each Fund’s portfolio.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44060 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

securities, particularly debt securities, certain instruments, the Pricing Services premium and discount of the Bid/Ask will have few or no trades, or trade may consider information about an Price against the NAV, and (2) data in infrequently, and information regarding instrument’s issuer or market activity chart format displaying the frequency a specific security may not be widely provided by the Adviser and/or the Sub- distribution of discounts and premiums available or may be incomplete. Adviser. of the daily Bid/Ask Price against the Accordingly, determinations of the (3) Short-term obligations issued by NAV, within appropriate ranges, for value of debt securities may be based on the U.S. Government, bankers’ each of the four previous calendar infrequent and dated information. acceptances and commercial paper quarters. On each business day, before Because there is less reliable, objective having a remaining maturity of 60 days commencement of trading in Shares in data available, elements of judgment or less when purchased will typically be the Core Trading Session (9:30 a.m. to may play a greater role in valuation of valued at cost adjusted for amortization 4:00 p.m. E.T.) on the Exchange, a Fund debt securities than for other types of or premiums and accretion of discounts, will disclose on its Web site the securities. provided the Pricing Committee has Disclosed Portfolio as defined in NYSE The information summarized below is determined that the use of amortized Arca Equities Rule 8.600(c)(2) that will based on the Valuation Procedures as cost is an appropriate reflection of value form the basis for such Fund’s currently in effect; however, as noted given market and issuer-specific calculation of NAV at the end of the above, the Valuation Procedures are conditions existing at the time of the business day.21 amended from time to time and, determination. On a daily basis, each Fund will therefore, such information is subject to (4) Repurchase agreements will disclose on its Web site the following change. typically be valued as follows: information regarding each portfolio In determining NAV, the Funds’ Overnight repurchase agreements will holding, as applicable to the type of investments will typically be valued as be valued at amortized cost when it holding: Ticker symbol, CUSIP number follows: represents the best estimate of value. or other identifier, if any; a description (1) Common stocks and other equity Term repurchase agreements (i.e., those of the holding (including the type of securities listed on any national or whose maturity exceeds seven days) holding); the identity of the security, foreign exchange other than The will be valued at the average of the bid commodity, index or other asset or NASDAQ Stock Market (‘‘NASDAQ’’) quotations obtained daily from at least instrument underlying the holding, if and the London Stock Exchange two recognized dealers. any; maturity date, if any; coupon rate, Alternative Investment Market (‘‘AIM’’) (5) Certificates of deposit and fixed if any; effective date, if any; market will typically be valued at the last sale time deposits will typically be valued at value of the holding; and the percentage price on the exchange on which they are cost. weighting of the holding in a Fund’s principally traded on the business day (6) Money market mutual funds will portfolio. The Web site information will as of which such value is being typically be valued at their net asset be publicly available at no charge. determined. Securities listed on values as reported by such funds to In addition, a basket composition file, NASDAQ or AIM will typically be Pricing Services. which will include the security names valued at the official closing price on Because foreign exchanges may be and share quantities required to be the business day as of which such value open on different days than the days delivered in exchange for a Fund’s is being determined. If there has been no during which an investor may purchase Shares, together with estimates and sale on such day, or no official closing or sell Shares, the value of certain assets actual cash components, will be price in the case of securities listed on may change on days when investors are publicly disseminated daily prior to the NASDAQ or AIM, such securities will not able to purchase or sell Shares. opening of the NYSE via the NSCC. The typically be valued using fair value Assets denominated in foreign basket will represent one Creation Unit pricing. currencies will be translated into U.S. of a Fund. Equity securities traded on more than dollars at the exchange rate of such one securities exchange will typically be Information regarding the intra-day currencies against the U.S. dollar as value of the Shares of each Fund, which valued at the last sale price or official provided by a Pricing Service. The value closing price, as applicable, on the is the Portfolio Indicative Value (‘‘PIV’’) of assets denominated in foreign as defined in NYSE Arca Equities Rule business day as of which such value is currencies will be converted into U.S. being determined at the close of the 8.600 (c)(3), will be widely dollars at the exchange rates in effect at disseminated every 15 seconds exchange representing the principal the time of valuation. market for such securities. throughout the Exchange’s Core Trading (2) The following cash equivalents Availability of Information Session by one or more major market 22 will typically be valued using data vendors. The PIV should not be The Funds’ Web site viewed as a ‘‘real-time’’ update of the information provided by a Pricing (www.ftportfolios.com), which will be Service: Except as provided in (3) NAV per Share of a Fund because the publicly available prior to the public PIV may not be calculated in the same below, short-term obligations issued by offering of Shares, will include a form the U.S. Government; bankers’ of the prospectus for the Funds that may bid and the lowest offer on the Exchange as of the acceptances and commercial paper. be downloaded. The Funds’ Web site time of calculation of a Fund’s NAV. The records Debt instruments may be valued at will include additional quantitative relating to Bid/Ask Prices will be retained by each evaluated mean prices, as provided by information updated on a daily basis, Fund and its service providers. 21 Pricing Services. Pricing Services including, for each Fund, (1) daily Under accounting procedures followed by a typically value non-exchange traded Fund, trades made on the prior business day (‘‘T’’) trading volume, the prior business day’s will be booked and reflected in NAV on the current instruments utilizing a range of market- reported closing price, NAV and mid- business day (‘‘T+1’’). Accordingly, a Fund will be based inputs and assumptions, point of the bid/ask spread at the time able to disclose at the beginning of the business day including readily available market of calculation of such NAV (the ‘‘Bid/ the portfolio that will form the basis for the NAV calculation at the end of the business day. quotations obtained from broker-dealers 20 Ask Price’’), and a calculation of the 22 Currently, it is the Exchange’s understanding making markets in such instruments, that several major market data vendors widely cash flows, and transactions for 20 The Bid/Ask Price of Shares of each Fund will disseminate PIVs taken from the Consolidated Tape comparable instruments. In pricing be determined using the mid-point of the highest Association (‘‘CTA’’) or other data feeds.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44061

manner as the NAV, which is computed Trading Halts Surveillance once a day, generally at the end of the With respect to trading halts, the The Exchange represents that trading business day. The price of a non-U.S. Exchange may consider all relevant in the Shares will be subject to the security that is primarily traded on a factors in exercising its discretion to existing trading surveillances non-U.S. exchange shall be updated, halt or suspend trading in the Shares of administered by the Exchange, as well using the last sale price, every 15 a Fund.23 Trading in Shares of a Fund as cross-market surveillances seconds throughout the trading day, will be halted if the circuit breaker administered by the Financial Industry provided, that upon the closing of such parameters in NYSE Arca Equities Rule Regulatory Authority (‘‘FINRA’’) on non-U.S. exchange, the closing price of 7.12 have been reached. Trading also behalf of the Exchange, which are the security, after being converted to may be halted because of market designed to detect violations of U.S. dollars, will be used. Furthermore, conditions or for reasons that, in the Exchange rules and applicable federal in calculating the PIV of a Fund’s view of the Exchange, make trading in securities laws. The Exchange Shares, exchange rates may be used the Shares inadvisable. These may represents that these procedures are throughout the Core Trading Session include: (1) The extent to which trading adequate to properly monitor Exchange that may differ from those used to is not occurring in the securities and/or trading of the Shares in all trading calculate the NAV per Share of a Fund the financial instruments comprising sessions and to deter and detect and consequently may result in the Disclosed Portfolio of a Fund; or (2) violations of Exchange rules and federal differences between the NAV and the whether other unusual conditions or securities laws applicable to trading on PIV. circumstances detrimental to the the Exchange.25 Quotation and last sale information maintenance of a fair and orderly The surveillances referred to above for the Shares and U.S. exchange-traded market are present. Trading in the generally focus on detecting securities equity securities will be available via Shares will be subject to NYSE Arca trading outside their normal patterns, the CTA high-speed line, and from the Equities Rule 8.600(d)(2)(D), which sets which could be indicative of national securities exchange on which forth circumstances under which Shares manipulative or other violative activity. they are listed. Price information of a Fund may be halted. When such situations are detected, regarding non-U.S. equities held by a surveillance analysis follows and Fund will be available from the Trading Rules investigations are opened, where exchanges trading such assets and from The Exchange deems the Shares to be appropriate, to review the behavior of major market data vendors. Price equity securities, thus rendering trading all relevant parties for all relevant information for cash and cash in the Shares subject to the Exchange’s trading violations. The Exchange or equivalents will be available from major existing rules governing the trading of FINRA, on behalf of the Exchange, or market data vendors. Price information equity securities. Shares will trade on both, will communicate as needed regarding each asset class in which a the NYSE Arca Marketplace from 4:00 regarding trading in the Shares and Fund will invest will generally be a.m. to 8:00 p.m., E.T. in accordance certain exchange-traded equity available through nationally recognized with NYSE Arca Equities Rule 7.34 securities with other markets and other data service providers through (Opening, Core, and Late Trading entities that are members of the subscription agreements. Sessions). The Exchange has Intermarket Surveillance Group (‘‘ISG’’), Investors can also obtain each Fund’s appropriate rules to facilitate and the Exchange or FINRA, on behalf Statement of Additional Information transactions in the Shares during all of the Exchange, or both, may obtain (‘‘SAI’’), Shareholder Reports, and Form trading sessions. As provided in NYSE trading information regarding trading in N–CSR and Form N–SAR, filed twice a Arca Equities Rule 7.6, Commentary .03, the Shares and certain exchange-traded year. Each Fund’s SAI and Shareholder the minimum price variation (‘‘MPV’’) equity securities from such markets and Reports will be available free upon for quoting and entry of orders in equity other entities.26 In addition, the request from such Fund, and those securities traded on the NYSE Arca Exchange may obtain information documents and the Form N–CSR and Marketplace is $0.01, with the exception regarding trading in the Shares and Form N–SAR may be viewed on-screen of securities that are priced less than certain exchange-traded equity or downloaded from the Commission’s $1.00 for which the MPV for order entry securities from markets and other Web site at www.sec.gov. Information is $0.0001. entities that are members of ISG or with regarding market price and trading The Shares will conform to the initial which the Exchange has in place a volume of the Shares will be continually and continued listing criteria under comprehensive surveillance sharing available on a real-time basis throughout NYSE Arca Equities Rule 8.600. The agreement. the day on brokers’ computer screens Exchange represents that, for initial In addition, the Exchange also has a and other electronic services. and/or continued listing, each Fund will general policy prohibiting the Information regarding the previous be in compliance with Rule 10A–3 24 distribution of material, non-public day’s closing price and trading volume under the Act, as provided by NYSE information by its employees. information for the Shares will be Arca Equities Rule 5.3. A minimum of All statements and representations published daily in the financial section 100,000 Shares for each Fund will be made in this filing regarding (a) the of newspapers. Quotation and last sale outstanding at the commencement of description of the portfolio, (b) information for the Shares will be trading on the Exchange. The Exchange available via the CTA high-speed line. will obtain a representation from the 25 FINRA conducts cross-market surveillances on The intra-day, closing and settlement behalf of the Exchange pursuant to a regulatory issuer of the Shares that the NAV per services agreement. The Exchange is responsible for prices of the portfolio securities are also Share will be calculated daily and that FINRA’s performance under this regulatory services readily available from the national the NAV and the Disclosed Portfolio agreement. securities exchanges trading such will be made available to all market 26 For a list of the current members of ISG, see securities (as applicable), automated participants at the same time. www.isgportal.org. The Exchange notes that not all components of the Disclosed Portfolio may trade on quotation systems, published or other markets that are members of ISG or with which the public sources, or on-line information 23 See NYSE Arca Equities Rule 7.12. Exchange has in place a comprehensive services such as Bloomberg or Reuters. 24 17 CFR 240.10A–3. surveillance sharing agreement.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44062 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

limitations on portfolio holdings or equitable principles of trade, to remove listed and traded on an exchange that reference assets, or (c) the applicability impediments to, and perfect the has last-sale reporting. of Exchange rules and surveillance mechanism of a free and open market The proposed rule change is designed procedures shall constitute continued and, in general, to protect investors and to promote just and equitable principles listing requirements for listing the the public interest. of trade and to protect investors and the public interest in that the Exchange will Shares of the Funds on the Exchange. The Exchange believes that the The issuer has represented to the obtain a representation from the issuer Exchange that it will advise the proposed rule change is designed to of the Shares that the NAV per Share Exchange of any failure by a Fund to prevent fraudulent and manipulative will be calculated daily and that the comply with the continued listing acts and practices in that the Shares will NAV and the Disclosed Portfolio will be requirements, and, pursuant to its be listed and traded on the Exchange made available to all market obligations under Section 19(g)(1) of the pursuant to the initial and continued participants at the same time. In Act, the Exchange will monitor for listing criteria in NYSE Arca Equities addition, a large amount of information compliance with the continued listing Rule 8.600. The Adviser has is publicly available regarding the requirements. If a Fund is not in implemented a fire wall with respect to Funds and the Shares, thereby compliance with the applicable listing its broker-dealer affiliate regarding promoting market transparency. requirements, the Exchange will access to information concerning the Moreover, the PIV will be widely commence delisting procedures under composition and/or changes to the disseminated by one or more major NYSE Arca Equities Rule 5.5(m). portfolio. The Exchange has in place market data vendors at least every 15 surveillance procedures that are seconds during the Exchange’s Core Information Bulletin adequate to properly monitor trading in Trading Session. On each business day, Prior to the commencement of the Shares in all trading sessions and to before commencement of trading in trading, the Exchange will inform its deter and detect violations of Exchange Shares in the Core Trading Session on Equity Trading Permit (‘‘ETP’’) Holders rules and applicable federal securities the Exchange, each Fund will disclose in an Information Bulletin (‘‘Bulletin’’) laws. The Exchange or FINRA, on behalf on its Web site the Disclosed Portfolio of the special characteristics and risks of the Exchange, or both, will that will form the basis for such Fund’s associated with trading the Shares. communicate as needed regarding calculation of NAV at the end of the Specifically, the Bulletin will discuss trading in the Shares and certain business day. Information regarding the following: (1) The procedures for exchange-traded equity securities with market price and trading volume of the purchases and redemptions of Shares in other markets and other entities that are Shares will be continually available on Creation Units (and that Shares are not members of the ISG, and the Exchange a real-time basis throughout the day on individually redeemable); (2) NYSE or FINRA, on behalf of the Exchange, or brokers’ computer screens and other Arca Equities Rule 9.2(a), which both, may obtain trading information electronic services, and quotation and imposes a duty of due diligence on its regarding trading in the Shares and last sale information will be available ETP Holders to learn the essential facts certain exchange-traded equity via the CTA high-speed line. The Web relating to every customer prior to securities from such markets and other site for the Funds will include a form of trading the Shares; (3) the risks involved entities. In addition, the Exchange may the prospectus for the Funds and in trading the Shares during the obtain information regarding trading in additional data relating to NAV and Opening and Late Trading Sessions the Shares and certain exchange-traded other applicable quantitative when an updated PIV will not be equity securities from markets and other information. Moreover, prior to the calculated or publicly disseminated; (4) entities that are members of ISG or with commencement of trading, the Exchange how information regarding the PIV will which the Exchange has in place a will inform its ETP Holders in a Bulletin be disseminated; (5) the requirement comprehensive surveillance sharing of the special characteristics and risks associated with trading the Shares. that ETP Holders deliver a prospectus to agreement. Each Fund’s investments Trading in Shares of a Fund will be investors purchasing newly issued will be consistent with such Fund’s halted if the circuit breaker parameters Shares prior to or concurrently with the investment objective and will not be confirmation of a transaction; and (6) in NYSE Arca Equities Rule 7.12 have used to enhance leverage. The non-U.S. trading information. been reached or because of market equity securities in the portfolio of the In addition, the Bulletin will conditions or for reasons that, in the reference that the Funds will be subject First Trust Horizon Managed Volatility view of the Exchange, make trading in to various fees and expenses described Developed International ETF will meet the Shares inadvisable, and trading in in the Registration Statement. The the following criteria on a continual the Shares will be subject to NYSE Arca Bulletin will discuss any exemptive, no- basis: (1) Non-U.S. equity securities Equities Rule 8.600(d)(2)(D), which sets action, and interpretive relief granted by each shall have a minimum market forth circumstances under which Shares the Commission from any rules under value of at least $100 million; (2) non- of a Fund may be halted. In addition, as the Act. The Bulletin will also disclose U.S. equity securities each shall have a noted above, investors will have ready that the NAV for the Shares will be minimum global monthly trading access to information regarding each calculated after 4:00 p.m., E.T. each volume of 250,000 shares, or minimum Fund’s holdings, the PIV, the Disclosed trading day. global notional volume traded per Portfolio, and quotation and last sale month of $25,000,000, averaged over the information for the Shares. 2. Statutory Basis last six months; (3) the most heavily The proposed rule change is designed The basis under the Act for this weighted non-U.S. equity security shall to perfect the mechanism of a free and proposed rule change is the requirement not exceed 25% of the weight of such open market and, in general, to protect under Section 6(b)(5) 27 that an Fund’s entire portfolio, and, to the investors and the public interest in that exchange have rules that are designed to extent applicable, the five most heavily it will facilitate the listing and trading prevent fraudulent and manipulative weighted non-U.S. equity securities of additional types of actively-managed acts and practices, to promote just and shall not exceed 60% of the weight of exchange-traded products that will such Fund’s entire portfolio; and (4) enhance competition among market 27 15 U.S.C. 78f(b)(5). each non-U.S. equity security shall be participants, to the benefit of investors

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44063

and the marketplace. As noted above, Electronic Comments SECURITIES AND EXCHANGE the Exchange has in place surveillance • COMMISSION procedures relating to trading in the Use the Commission’s Internet comment form (http://www.sec.gov/ [Investment Company Act Release No. Shares and may obtain information via 32166; 812–14651] ISG from other exchanges that are rules/sro.shtml); or members of ISG or with which the • Send an email to rule-comments@ Fidelity Commonwealth Trust, et al.; Exchange has entered into a sec.gov. Please include File Number SR– Notice of Application comprehensive surveillance sharing NYSEArca–2016–87 on the subject line. June 29, 2016. agreement. In addition, as noted above, Paper Comments AGENCY: Securities and Exchange investors will have ready access to Commission (‘‘Commission’’). information regarding each Fund’s • Send paper comments in triplicate ACTION: holdings, the PIV, the Disclosed Notice of an application for an to Secretary, Securities and Exchange order under section 6(c) of the Portfolio, and quotation and last sale Commission, 100 F Street NE., Investment Company Act of 1940 (the information for the Shares. Washington, DC 20549–1090. ‘‘Act’’) for an exemption from sections B. Self-Regulatory Organization’s All submissions should refer to File 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Statement on Burden on Competition Number SR–NYSEArca–2016–87. This Act and rule 22c–1 under the Act, under file number should be included on the sections 6(c) and 17(b) of the Act for an The Exchange does not believe that subject line if email is used. To help the exemption from sections 17(a)(1) and the proposed rule change will impose Commission process and review your 17(a)(2) of the Act, and under section any burden on competition that is not comments more efficiently, please use 12(d)(1)(J) for an exemption from necessary or appropriate in furtherance only one method. The Commission will sections 12(d)(1)(A) and 12(d)(1)(B) of of the purpose of the Act. The Exchange post all comments on the Commission’s the Act. The requested order would permit (a) index-based series of certain notes that the proposed rule change will Internet Web site (http://www.sec.gov/ open-end management investment facilitate the listing and trading of rules/sro.shtml). Copies of the additional types of actively-managed companies (‘‘Funds’’) to issue shares submission, all subsequent redeemable in large aggregations only exchange-traded products that primarily amendments, all written statements hold equity securities, which will (‘‘Creation Units’’); (b) secondary market with respect to the proposed rule transactions in Fund shares to occur at enhance competition among market change that are filed with the participants, to the benefit of investors negotiated market prices rather than at Commission, and all written and the marketplace. net asset value (‘‘NAV’’); (c) certain communications relating to the Funds to pay redemption proceeds, C. Self-Regulatory Organization’s proposed rule change between the under certain circumstances, more than Statement on Comments on the Commission and any person, other than seven days after the tender of shares for Proposed Rule Change Received From those that may be withheld from the redemption; (d) certain affiliated Members, Participants, or Others public in accordance with the persons of a Fund to deposit securities provisions of 5 U.S.C. 552, will be into, and receive securities from, the No written comments were solicited available for Web site viewing and Fund in connection with the purchase or received with respect to the proposed printing in the Commission’s Public and redemption of Creation Units; (e) rule change. Reference Room, 100 F Street NE., certain registered management investment companies and unit III. Date of Effectiveness of the Washington, DC 20549, on official investment trusts outside of the same Proposed Rule Change and Timing for business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the group of investment companies as the Commission Action Funds (‘‘Funds of Funds’’) to acquire filing also will be available for shares of the Funds; and (f) certain Within 45 days of the date of inspection and copying at the principal Funds (‘‘Feeder Funds’’) to create and publication of this notice in the Federal office of the Exchange. All comments Register or up to 90 days (i) as the redeem Creation Units in-kind in a received will be posted without change; master-feeder structure. Commission may designate if it finds the Commission does not edit personal such longer period to be appropriate identifying information from Applicants: Fidelity Commonwealth and publishes its reasons for so finding submissions. You should submit only Trust and Fidelity Covington Trust or (ii) as to which the self-regulatory information that you wish to make (each, a ‘‘Trust’’), each a Massachusetts organization consents, the Commission available publicly. All submissions business trust registered under the Act will: should refer to File Number SR– as an open-end management investment (A) by order approve or disapprove NYSEArca–2016–87 and should be company, FMR Co., Inc., a the proposed rule change, or submitted on or before July 27, 2016. Massachusetts corporation registered as an investment adviser under the (B) institute proceedings to determine For the Commission, by the Division of Investment Advisers Act of 1940 (the whether the proposed rule change Trading and Markets, pursuant to delegated ‘‘Advisers Act’’) and Fidelity SelectCo, 28 should be disapproved. authority. LLC (together with FMR Co., Inc., the IV. Solicitation of Comments Robert W. Errett, ‘‘Initial Advisers’’ and individually, Deputy Secretary. each an ‘‘Initial Adviser’’), a Delaware Interested persons are invited to [FR Doc. 2016–15913 Filed 7–5–16; 8:45 am] limited liability company registered as submit written data, views, and BILLING CODE 8011–01–P an investment adviser under the arguments concerning the foregoing, Advisers Act, and Fidelity Distributors including whether the proposed rule Corporation (‘‘Distributor’’), a change is consistent with the Act. Massachusetts corporation and broker- Comments may be submitted by any of dealer registered under the Securities the following methods: 28 17 CFR 200.30–3(a)(12). Exchange Act of 1934 (‘‘Exchange Act’’).

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44064 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Filing Dates: The application was orders to purchase Creation Units and Fund’s prospectus, and not at a price filed on May 20, 2016, and amended on all redemption requests will be placed based on NAV. Applicants state that (a) June 27, 2016. by or through an ‘‘Authorized secondary market trading in shares does Hearing or Notification of Hearing: An Participant’’, which will have signed a not involve a Fund as a party and will order granting the requested relief will participant agreement with the not result in dilution of an investment be issued unless the Commission orders Distributor. Shares will be listed and in shares, and (b) to the extent different a hearing. Interested persons may traded individually on a national prices exist during a given trading day, request a hearing by writing to the securities exchange, where share prices or from day to day, such variances occur Commission’s Secretary and serving will be based on the current bid/offer as a result of third-party market forces, applicants with a copy of the request, market. Certain Funds may operate as such as supply and demand. Therefore, personally or by mail. Hearing requests Feeder Funds in a master-feeder applicants assert that secondary market should be received by the Commission structure. Any order granting the transactions in shares will not lead to by 5:30 p.m. on July 25, 2016, and requested relief would be subject to the discrimination or preferential treatment should be accompanied by proof of terms and conditions stated in the among purchasers. Finally, applicants service on applicants, in the form of an application. represent that share market prices will affidavit, or for lawyers, a certificate of 2. Each Fund will hold investment be disciplined by arbitrage service. Pursuant to rule 0–5 under the positions selected to correspond opportunities, which should prevent Act, hearing requests should state the generally to the performance of an shares from trading at a material nature of the writer’s interest, any facts Underlying Index. In the case of Self- discount or premium from NAV. bearing upon the desirability of a Indexing Funds, an affiliated person, as 6. With respect to Funds that effect hearing on the matter, the reason for the defined in section 2(a)(3) of the Act creations and redemptions of Creation request, and the issues contested. (‘‘Affiliated Person’’), or an affiliated Units in kind and that are based on Persons who wish to be notified of a person of an Affiliated Person (‘‘Second- certain Underlying Indexes that include hearing may request notification by Tier Affiliate’’), of a Trust or a Fund, of foreign securities, applicants request writing to the Commission’s Secretary. the Adviser, of any sub-adviser to or relief from the requirement imposed by ADDRESSES: Secretary, Securities and promoter of a Fund, or of the Distributor section 22(e) in order to allow such Exchange Commission, 100 F Street NE., will compile, create, sponsor or Funds to pay redemption proceeds Washington, DC 20549–1090; maintain the Underlying Index.2 within fourteen calendar days following Applicants: The Trusts and FMR Co., 3. Shares will be purchased and the tender of Creation Units for Inc., 245 Summer Street, Boston, MA redeemed in Creation Units and redemption. Applicants assert that the 02210; Fidelity SelectCo, LLC, 1225 generally on an in-kind basis. Except requested relief would not be 17th Street, Suite 1100, Denver, CO where the purchase or redemption will inconsistent with the spirit and intent of 80202; and the Distributor, 100 Salem include cash under the limited section 22(e) to prevent unreasonable, Street, Smithfield, RI 02917. circumstances specified in the undisclosed or unforeseen delays in the FOR FURTHER INFORMATION CONTACT: application, purchasers will be required actual payment of redemption proceeds. Mark N. Zaruba, Senior Counsel, at to purchase Creation Units by 7. Applicants request an exemption to (202) 551–6878, or Dalia O. Blass, depositing specified instruments permit Funds of Funds to acquire Fund Assistant Chief Counsel, at (202) 551– (‘‘Deposit Instruments’’), and shares beyond the limits of section 12(d)(1)(A) of the Act; and the Funds, 6821 (Division of Investment shareholders redeeming their shares and any principal underwriter for the Management, Chief Counsel’s Office). will receive specified instruments Funds, and/or any broker or dealer SUPPLEMENTARY INFORMATION: The (‘‘Redemption Instruments’’). The Deposit Instruments and the registered under the Exchange Act, to following is a summary of the sell shares to Funds of Funds beyond application. The complete application Redemption Instruments will each correspond pro rata to the positions in the limits of section 12(d)(1)(B) of the may be obtained via the Commission’s Act. The application’s terms and Web site by searching for the file the Fund’s portfolio (including cash positions) except as specified in the conditions are designed to, among other number, or for an applicant using the things, help prevent any potential (i) Company name box, at http:// application. 4. Because shares will not be undue influence over a Fund through www.sec.gov/search/search.htm or by control or voting power, or in calling (202) 551–8090. individually redeemable, applicants request an exemption from section connection with certain services, Summary of the Application 5(a)(1) and section 2(a)(32) of the Act transactions, and underwritings, (ii) excessive layering of fees, and (iii) 1. Applicants request an order that that would permit the Funds to register overly complex fund structures, which would allow Funds to operate as index as open-end management investment are the concerns underlying the limits exchange traded funds (‘‘ETFs’’).1 Fund companies and issue shares that are in sections 12(d)(1)(A) and (B) of the shares will be purchased and redeemed redeemable in Creation Units only. Act. at their NAV in Creation Units only. All 5. Applicants also request an exemption from section 22(d) of the Act 8. Applicants request an exemption from sections 17(a)(1) and 17(a)(2) of the 1 and rule 22c–1 under the Act as Applicants request that the order apply to the Act to permit persons that are Affiliated existing series of each Trust that are index ETFs and secondary market trading in shares will Persons, or Second Tier Affiliates, of the any additional series of each Trust, and any other take place at negotiated prices, not at a open-end management investment company or Funds, solely by virtue of certain current offering price described in a series thereof, that may be created in the future ownership interests, to effectuate (each, included in the term ‘‘Fund’’), each of which will operate as an ETF and will track a specified 2 Each Self-Indexing Fund will post on its Web purchases and redemptions in-kind. The index comprised of domestic or foreign equity and/ site the identities and quantities of the investment deposit procedures for in-kind or fixed income securities (each, an ‘‘Underlying positions that will form the basis for the Fund’s purchases of Creation Units and the Index’’). Any Fund will (a) be advised by an Initial calculation of its NAV at the end of the day. redemption procedures for in-kind Adviser or an entity controlling, controlled by, or Applicants believe that requiring Self-Indexing under common control with an Initial Adviser Funds to maintain full portfolio transparency will redemptions of Creation Units will be (each, an ‘‘Adviser’’) and (b) comply with the terms help address, together with other protections, the same for all purchases and and conditions of the application. conflicts of interest with respect to such Funds. redemptions and Deposit Instruments

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44065

and Redemption Instruments will be For the Commission, by the Division of II. Self-Regulatory Organization’s valued in the same manner as those Investment Management, under delegated Statement of the Purpose of, and investment positions currently held by authority. Statutory Basis for, the Proposed Rule the Funds. Applicants also seek relief Robert W. Errett, Change from the prohibitions on affiliated Deputy Secretary. In its filing with the Commission, transactions in section 17(a) to permit a [FR Doc. 2016–15919 Filed 7–5–16; 8:45 am] FINRA included statements concerning Fund to sell its shares to and redeem its BILLING CODE 8011–01–P the purpose of and basis for the shares from a Fund of Funds, and to proposed rule change and discussed any engage in the accompanying in-kind comments it received on the proposed transactions with the Fund of Funds.3 SECURITIES AND EXCHANGE rule change. The text of these statements The purchase of Creation Units by a COMMISSION may be examined at the places specified Fund of Funds directly from a Fund will in Item IV below. FINRA has prepared be accomplished in accordance with the [Release No. 34–78196; File No. SR–FINRA– summaries, set forth in sections A, B, policies of the Fund of Funds and will 2016–023] and C below, of the most significant be based on the NAVs of the Funds. aspects of such statements. Self-Regulatory Organizations; 9. Applicants also request relief to Financial Industry Regulatory A. Self-Regulatory Organization’s permit a Feeder Fund to acquire shares Authority, Inc.; Notice of Filing of a Statement of the Purpose of, and the of another registered investment Proposed Rule Change To Increase Statutory Basis for, the Proposed Rule company managed by the Adviser Transparency for CMO Transactions Change having substantially the same investment objectives as the Feeder June 29, 2016. 1. Purpose Fund (‘‘Master Fund’’) beyond the Pursuant to Section 19(b)(1) of the FINRA proposes to amend the Rule limitations in section 12(d)(1)(A) and Securities Exchange Act of 1934 6700 Series and the TRACE permit the Master Fund, and any (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 dissemination protocols to: (1) Provide principal underwriter for the Master notice is hereby given that on June 27, for the dissemination of transactions in Fund, to sell shares of the Master Fund 2016, Financial Industry Regulatory CMOs,3 an additional group of to the Feeder Fund beyond the Authority, Inc. (‘‘FINRA’’) filed with the Securitized Products 4 not yet subject to limitations in section 12(d)(1)(B). Securities and Exchange Commission dissemination; (2) reduce the reporting 10. Section 6(c) of the Act permits the (‘‘Commission’’) the proposed rule timeframe for CMOs from end-of-day to Commission to exempt any persons or change as described in Items I, II, and 60 minutes; and (3) simplify the transactions from any provision of the III below, which Items have been reporting requirements for pre-issuance Act if such exemption is necessary or prepared by FINRA. The Commission is CMO transactions. FINRA also proposes appropriate in the public interest and publishing this notice to solicit technical and conforming changes to the consistent with the protection of comments on the proposed rule change Rule 6700 Series and Rule 7730. investors and the purposes fairly from interested persons. Background intended by the policy and provisions of I. Self-Regulatory Organization’s FINRA requires members to report the Act. Section 12(d)(1)(J) of the Act Statement of the Terms of Substance of transactions in any security that meets provides that the Commission may the Proposed Rule Change the definition of ‘‘TRACE-Eligible exempt any person, security, or Security’’ 5 to TRACE. Most transactions transaction, or any class or classes of FINRA is proposing to to [sic] amend the FINRA Rule 6700 Series and the persons, securities, or transactions, from 3 The term ‘‘Collateralized Mortgage Obligation,’’ any provision of section 12(d)(1) if the Trade Reporting and Compliance Engine or CMO, is defined in FINRA Rule 6710(dd) to exemption is consistent with the public (‘‘TRACE’’) dissemination protocols to mean a type of Securitized Product backed by interest and the protection of investors. provide for dissemination of Agency Pass-Through Mortgage-Backed Securities transactions in an additional type of as defined in paragraph (v), mortgage loans, Section 17(b) of the Act authorizes the certificates backed by project loans or construction Commission to grant an order Securitized Products—specifically, loans, other types of mortgage-backed securities or permitting a transaction otherwise collateralized mortgage obligations assets derivative of mortgage-backed securities, prohibited by section 17(a) if it finds (‘‘CMOs’’). In addition, FINRA is structured in multiple classes or tranches with each proposing a corresponding change to class or tranche entitled to receive distributions of that (a) the terms of the proposed principal and/or interest according to the transaction are fair and reasonable and Rule 6730 to reduce the reporting period requirements adopted for the specific class or do not involve overreaching on the part for CMOs from end-of-day to 60 tranche, and includes a real estate mortgage of any person concerned; (b) the minutes, and also to amend Rule 6730 investment conduit (‘‘REMIC’’). to simplify the reporting requirements 4 The term ‘‘Securitized Product’’ is defined in proposed transaction is consistent with Rule 6710(m) to mean a security collateralized by the policies of each registered for transactions in CMOs executed prior any type of financial asset, such as a loan, a lease, investment company involved; and (c) to issuance. FINRA further proposes a mortgage, or a secured or unsecured receivable, the proposed transaction is consistent technical and conforming changes to the and includes but is not limited to an asset-backed FINRA Rule 6700 Series and Rule 7730 security as defined in Section 3(a)(79)(A) of the with the general purposes of the Act. Exchange Act, a synthetic asset-backed security, in connection with the changes and any residual tranche or interest of any security 3 The requested relief would apply to direct sales referenced above. specified above, which tranche or interest is a debt of shares in Creation Units by a Fund to a Fund of The text of the proposed rule change security for purposes of paragraph (a) and the Rule Funds and redemptions of those shares. Applicants, 6700 Series. moreover, are not seeking relief from section 17(a) is available on FINRA’s Web site at 5 Rule 6710 generally defines a ‘‘TRACE-Eligible for, and the requested relief will not apply to, http://www.finra.org, at the principal Security’’ as: (1) A debt security that is U.S. dollar- transactions where a Fund could be deemed an office of FINRA and at the denominated and issued by a U.S. or foreign private Affiliated Person, or a Second-Tier Affiliate, of a Commission’s Public Reference Room. issuer (and, if a ‘‘restricted security’’ as defined in Fund of Funds because an Adviser or an entity Securities Act Rule 144(a)(3), sold pursuant to controlling, controlled by or under common control Securities Act Rule 144A); or (2) a debt security that with an Adviser provides investment advisory 1 15 U.S.C. 78s(b)(1). is U.S. dollar-denominated and issued or services to that Fund of Funds. 2 17 CFR 240.19b–4. Continued

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44066 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

must be reported to TRACE within 15 most actively traded of these remaining The proposal will provide for this minutes of the time of execution and are Securitized Products types. In addition, approach to CMO dissemination by subsequently disseminated. CMOs typically have relatively smaller amending FINRA Rule 6750 Securitized Products were the last transaction sizes than those for CMBSs (Dissemination of Transaction major group of fixed income securities and CDOs. Information). Rule 6750 currently to become subject to TRACE reporting. contains two operative paragraphs— Initially, FINRA received reports of Current Proposal paragraph (a), which provides generally transactions in these products for FINRA is proposing to expand the for the dissemination of TRACE-Eligible regulatory audit trail purposes only and dissemination of Securitized Products to Securities immediately upon receipt of did not disseminate transaction data. include CMOs. Under the proposal, a a transaction report, and paragraph (b), FINRA used the transaction reports it CMO transaction will be subject either which contains an exception to the received to study the liquidity and to dissemination immediately upon general dissemination provision in trading characteristics of various types receipt of the TRACE transaction report, paragraph (a) and which notes the of Securitized Products. Based on its or to aggregate, periodic dissemination, security or transaction types that are not study, FINRA then started a phased depending on the size of the transaction subject to dissemination. Currently, the approach to disseminating transaction and the number of transactions in the remaining Securitized Products—CMOs, information for certain Securitized CMO security during a given period. CMBSs, and CDOs, are found within Products. Specifically, transactions in CMOs, paragraph (b) and are therefore not For the first phase, on November 12, including transactions effected pursuant subject to dissemination. 2012, FINRA began disseminating to Securities Act Rule 144A, will be Under the proposal, current paragraph transactions in Agency Pass-Through subject to aggregate, periodic (b) will be replaced with a paragraph Mortgage-Backed Securities traded To dissemination on a weekly and monthly that provides specifically for the Be Announced (‘‘TBA’’) (‘‘MBS TBA’’ basis where the transaction value is $1 dissemination of larger-size ($1 million transactions), which are the most liquid million or more (calculated based upon or more) CMO transactions on a types of Securitized Products.6 Next, on original principal balance) and where periodic, rather than immediate, basis, July 22, 2013, FINRA began there have been five or more provided the transaction occurs in a disseminating transactions in Agency transactions of $1 million or more in the CMO security that meets the minimum Pass-Through Mortgage-Backed reporting period reported by at least two activity threshold described above (i.e., Securities and SBA-Backed ABS (as different market participant identifiers at least five transactions in the period defined in FINRA Rule 6710(bb)) traded (‘‘MPIDs’’).11 For the smaller-size reported by at least two different 7 in Specified Pool Transactions. On transactions—i.e., transactions valued MPIDs). The exception paragraph, June 30, 2014, FINRA began to under $1 million (calculated based upon which sets forth the transaction types disseminate information on transactions original principal balance)—FINRA will not subject to dissemination, will be in TRACE-Eligible Securities effected as disseminate trade-by-trade information new paragraph (c). It will be revised to Rule 144A transactions, provided that immediately upon receipt by TRACE.12 note that the only Securitized Products such transactions were in securities that not subject to dissemination are CMBSs, would be subject to dissemination if income assets, structured in multiple classes or CDOs, and CMOs where the CMO effected in non-Rule 144A transactions.8 tranches with each class or tranche entitled to transaction value is $1 million or more And most recently, on June 1, 2015, receive distributions of principal and/or interest in (calculated based upon original accordance with the requirements adopted for the FINRA began to disseminate specific class or tranche. A CDO includes, but is not principal balance) and the transaction transactions in Asset-Backed limited to, a collateralized loan obligation, or CLO, does not qualify for periodic Securities.9 Today, the remaining types and a collateralized bond obligation, or CBO. dissemination. However, as noted of Securitized Products not yet subject 11 For example, if five transactions occurred in a above, all transactions in CMOs will to dissemination are CMOs, commercial particular CMO security during each of the four weeks in a calendar month and were reported by become part of the historic data sets mortgage-backed securities (‘‘CMBSs’’), at least two unique MPIDs, then four weekly reports even if they were not subject to and collateralized debt obligations would be disseminated; in addition, information on dissemination upon receipt or periodic (‘‘CDOs’’).10 CMOs are the largest and those transactions would be included in the dissemination.13 aggregate monthly report for that calendar month. To facilitate the proposed If five transactions occurred over the course of a guaranteed by an ‘‘Agency’’ as defined in Rule calendar month, but did not occur during a single dissemination of CMOs, the proposal 6710(k) or a ‘‘Government-Sponsored Enterprise’’ as week, then a weekly report would not be available will also amend Rule 6730(a)(3) to defined in Rule 6710(n). for that security (but the transaction information 6 See Securities Exchange Act Release No. 66829 reduce the time period for reporting to would be included in the monthly report provided TRACE transactions in CMOs to TRACE (April 18, 2012), 77 FR 24748 (April 25, 2012) the transactions were reported by at least two 14 (Order Approving File No. SR–FINRA–2012–020); unique MPIDs). For purposes of determining if a executed on or after issuance. Regulatory Notice 12–26 (May 2012) and Regulatory CMO security has been reported by at least two Currently, these CMO transactions must Notice 12–48 (November 2012). different MPIDs, FINRA notes that it would be reported to TRACE no later than the 7 See Securities Exchange Act Release No. 68084 consider an interdealer trade to be reported by one close of the TRACE system on the date (October 23, 2012), 77 FR 65436 (October 26, 2012) MPID—the sell side dealer—even though the trade (Order Approving File No. SR–FINRA–2012–042) is reported by both sides of the transaction. and Regulatory Notice 12–56 (December 2012). 12 Also in connection with the proposed become part of the Historic Rule 144A Data Set. The 8 See Securities Exchange Act Release No. 70345 dissemination of information on CMO transactions, inclusion of this additional data in such data sets (September 6, 2013), 78 FR 56251 (September 12, FINRA proposes to amend Rule 7730 (fees for will not affect the fees currently in effect. 2013) (Order Approving File No. SR–FINRA–2013– TRACE) to reflect the addition of CMOs to the 13 See supra note 12. 029) and Regulatory Notice 13–35 (October 2013). applicable data sets. Disseminated periodic reports 14 As discussed in further detail below, reporting 9 See Securities Exchange Act Release No. 71607 will become available as part of the Securitized requirements for transactions in a CMO prior to that (February 24, 2014), 79 FR 11481 (February 28, Products Data Set and all CMO transactions—even CMO’s issuance are addressed separately in FINRA 2014) (Order Approving File No. SR–FINRA–2013– if not previously disseminated upon receipt or as Rule 6730(a)(3)(C). FINRA notes that it will also 046) and Regulatory Notice 14–34 (August 2014). part of a periodic report—will become part of the make a technical, clarifying edit to Rule 6730(a)(3) 10 A ‘‘Collateralized Debt Obligation,’’ or CDO, Historic Securitized Products Data Set in FINRA that is otherwise unrelated to this proposal; would be defined in proposed FINRA Rule 6710(ff) Rule 7730. Similarly, disseminated periodic reports specifically, FINRA will delete language in Rule to mean a type of Securitized Product backed by for transactions in CMOs issued pursuant to Rule 6730(a)(3)(B) that describes the transitional fixed-income assets (such as bonds, receivables on 144A will become part of the Rule 144A Data Set, reporting phase for Asset-Backed Securities, since loans, or other debt) or derivatives of these fixed- and all Rule 144A transactions in CMOs will the transitional phase is now complete.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44067

of execution.15 Under the proposal, FINRA rules must be designed to transparency in the markets for paragraph (H) would be added to prevent fraudulent and manipulative additional Securitized Products. FINRA require that transactions in these CMOs acts and practices, to promote just and believes the proposed dissemination of must be reported to TRACE within 60 equitable principles of trade, and, in transaction information for CMOs minutes of execution.16 general, to protect investors and the would be valuable to assist in price Finally, FINRA proposes to modify public interest. As discussed throughout discovery, determination of execution the reporting timeframe for pre-issuance the filing, FINRA believes that the quality, and, in particular, valuation of CMO transactions. FINRA is proposing proposed rule change will promote securities positions. FINRA believes the to amend Rule 6730(a)(3)(C) to provide greater transparency in the marketplace proposed transition to 60-minute trade that transactions in CMOs that are for CMOs. Based on dialogue with a reporting for transactions in CMOs executed before the date of issuance of variety of market participants, FINRA executed on or after issuance is the security must be reported no later believes the information it proposes to necessary to facilitate meaningful than the first settlement date of the disseminate would be valuable to assist dissemination of information for these security. Under the current rule, firms in price discovery, determination of securities. Finally, FINRA believes the generally must report CMO transactions execution quality, and, in particular, proposed change to the reporting that are executed prior to issuance on valuation of securities positions. timeframe for transactions in pre- the earlier of the business day that the Furthermore, FINRA believes the issuance CMOs is necessary to simplify security is assigned a CUSIP, or the date proposal strikes an appropriate balance the reporting process, given that some of issuance of the security. FINRA is between promoting transparency and firms, small and medium size firms in aware that some firms, particularly preserving anonymity, which may particular, may have difficulty in small and mid-size firms, have had facilitate larger size trades and liquidity determining with accuracy and in a difficulty in determining with accuracy provision. Based on FINRA’s ongoing timely manner when their reporting in a timely manner when the reporting study of the trading characteristics of obligations have been triggered. obligation has been triggered, due to Securitized Products, FINRA believes Economic Impacts inconsistencies in communicating the this proposal is an important next phase relevant information between in dissemination that will position FINRA believes that enhanced underwriters and trading parties. As a FINRA to evaluate whether and how to transparency in CMOs will benefit result, these firms do not always report complete its expansion of dissemination market participants, as discussed above, trades in these instruments on the to cover all Securitized Product types. by contributing to more efficient pricing earlier of the two dates specified in the FINRA further believes that the and better execution quality for market current rule. FINRA believes that, proposed change to 60-minute trade participants and clients. However, the because new issuances in CMOs reporting will facilitate CMO proposed changes may impose direct generally settle on the last business day dissemination by ensuring that FINRA and indirect costs on market of the month, the amended proposal is able to receive and disseminate CMO participants; for example, the proposal would provide for a uniform reporting transaction information in a timely might impose direct costs associated deadline that can be easily ascertained manner. Accordingly, FINRA believes with more timely reporting of CMO by all firms. this element of the filing will help transactions and indirect costs If the Commission approves the promote transparency and enhance associated with the potential leakage of proposed rule change, FINRA will investor protection and the public proprietary information. In the analysis announce the operative date of the interest. below, we individually assess the proposed rule change in a Regulatory Finally, FINRA believes the proposed impact on market participants of each Notice to be published no later than 90 change to the reporting timeframe for proposed change—(1) dissemination of days following Commission approval. pre-issuance CMOs will further just and CMO transactions, (2) reducing the The operative date will be no later than equitable principles of trade by timeframe for reporting CMO 365 days following publication of the providing greater clarity and promoting transactions, and (3) simplifying the Regulatory Notice announcing compliance with applicable reporting reporting requirements for pre-issuance Commission approval. rules. CMO transactions. 2. Statutory Basis B. Self-Regulatory Organization’s (1) Dissemination of CMO Transactions FINRA believes that the proposed rule Statement on Burden on Competition The proposed dissemination of CMO change is consistent with the provisions FINRA does not believe that the transactions will enhance transparency, of Section 15A(b)(6) of the Act,17 which proposed rule change will result in any which should benefit market requires, among other things, that burden on competition that is not participants and clients via improved necessary or appropriate in furtherance market quality. However, while 15 See FINRA Rule 6730(a)(3)(A). As part of this of the purposes of the Act. FINRA has enhanced transparency should provide proposal, FINRA is proposing a technical, clarifying undertaken an economic impact benefits broadly to the marketplace, it change to Rule 6730(a)(3)(A). This paragraph may impose indirect costs on certain currently is titled ‘‘General Reporting assessment, as set forth below, to Requirements’’ for Securitized Products, but analyze the regulatory need for the market participants, like those whose because only CDOs and CMBSs will remain subject proposed rule change, its potential transaction information is subject to to the paragraph after this proposal becomes economic impacts, including dissemination. FINRA is cognizant of effective, FINRA will rename this paragraph to the concern that the risk of information make clear that applies specifically to CDOs and anticipated costs and benefits, and the CMBSs. alternatives FINRA considered in leakage could potentially harm market 16 As with other TRACE-Eligible Securities that assessing how to best meet its regulatory quality if it discourages liquidity are subject to 60-minute reporting, under proposed objectives. provision. Accordingly, FINRA staff Rules 6730(a)(3)(H)(iii)–(iv), transactions in CMOs, considered the potential for indirect CMBSs, and CDOs that are executed less than 60 Need for the Rule costs associated with providing minutes before the TRACE system closes, or after, would need to be reported no later than 60 minutes As discussed above, FINRA believes information publicly that might permit after TRACE opens the following business day. this proposal is necessary and competitors to reverse engineer the 17 15 U.S.C. 78o–3(b)(6). appropriate to further promote disseminated data to produce private

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44068 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

information about trade participants, TABLE 1—THE NUMBER OF DIFFERENT represents only 1.73% of transactions, their trade positions and possibly their MPIDS TRADING IN CMO CUSIPS but 15.75% of the trading volume. This trading strategies. suggests that concentrated CUSIPs have To investigate whether dissemination, Number of CUSIPs % relatively larger trade sizes. as proposed, could potentially allow MPIDs market participants to reverse-engineer TABLE 2—AGGREGATE TRADING the identities of broker-dealers or 1 ...... 32,220 33.3 2 ...... 17,792 18.4 ACTIVITY BY CONCENTRATION positions, FINRA staff examined the 3 ...... 10,573 10.9 distribution of the number of MPIDs 4 ...... 6,677 6.9 Number of Volume reporting transactions in each CMO 5 ...... 4,595 4.8 transactions ($bil.) CUSIP, over the time period spanning 6 ...... 3,511 3.6 May 13, 2011 to August 14, 2015. Table 7 ...... 2,737 2.8 HHI = 1 ...... 50,714 $1,692 1 suggests that trading activity in CMOs, 8 ...... 2,229 2.3 HHI < 1 ...... 2,879,089 9,049 on a per-CUSIP basis, is quite 9 ...... 1,903 2.0 concentrated, with 32,200 CUSIPs— 10 ...... 1,590 1.6 Total ...... 2,929,803 10,741 33.3% of all CMO CUSIPs—in the 11 ...... 1,317 1.4 12 ...... 1,128 1.2 Table 3 reports that the typical sample traded by only one MPID over 13 ...... 955 1.0 the sample period. These CUSIPs traded 14 ...... 869 0.9 concentrated CUSIP trades only about by only one MPID are referred to as 15 ...... 753 0.8 one to two times over the entire sample ‘‘concentrated’’ CUSIPs. There were 15+ ...... 7,820 8.1 period. For non-concentrated CUSIPs 64,449 remaining CUSIPs in the sample reported by two or more MPIDs, the traded by two or more MPIDs, referred Total ...... 96,669 100 typical CMO trades 44.67 times over the to as ‘‘non-concentrated’’ CUSIPs.18 sample period.19 In general, CUSIPs are classified as concentrated Table 2 reports trading activity (the concentrated CUSIPs have on average and non-concentrated based on a number of transactions and trading about half of the trading volume of non- threshold of one MPID, as it represents volume) for the sample by concentrated concentrated CUSIPs. cases where the information about firm versus non-concentrated CUSIPs. activity is most concentrated. Trading activity in concentrated CUSIPs

TABLE 3—AVERAGE TRADING ACTIVITY PER CUSIP

Mean Median

HHI = 1 ...... Number of transactions/CUSIP ...... 1.57 1.00 Transaction size ($mil.) ...... $33.37 $10.60 Volume ($mil.) ...... $52.52 $19.00

HHI < 1 ...... Number of transactions/CUSIP ...... 44.67 10.00 Transaction size ($mil.) ...... $3.14 $0.03 Volume ($mil.) ...... $140.40 $41.85

Overall ...... Number of transactions/CUSIP ...... 30.31 5.00 Transaction size ($mil.) ...... $3.67 $0.03 Volume ($mil.) ...... $111.11 $30.67

FINRA staff also investigated the above and below the proposed threshold CMOs would have been below the trading activity above and below the had they been in place during the proposed threshold, and thus would proposed threshold for immediate sample period, broken down by have been disseminated immediately dissemination upon receipt, $1 million concentrated and non-concentrated upon receipt to FINRA under the in original principal balance traded. CUSIPs. In the sample, 79.21% (0.36% proposal. Table 4 reports the frequency of + 78.85%) of transactions and 1.64% transactions that would have fallen (0.02% + 1.62%) of trading volume in

TABLE 4—DISTRIBUTION OF TRANSACTIONS ABOVE AND BELOW PROPOSED THRESHOLD

Number of Volume transactions Percent ($bil.) Percent

HHI = 1 Below Threshold ...... 10,526 0.36 $1.97 0.02 HHI = 1 At/Above Threshold ...... 40,188 1.37 1,690.13 15.74 HHI < 1 Below Threshold ...... 2,310,110 78.85 173.98 1.62 HHI < 1 At/Above Threshold ...... 568,979 19.42 8,874.67 82.63

18 Concentrated CUSIPs have a Herfindahl- used in analyses of monopoly power, antitrust HHI = 0 represents a perfectly competitive market Hirschman Index (HHI) of one, while non- litigation, and other prominent issues in industrial (infinitely many firms have infinitesimally small concentrated have an HHI that is less than one. organization. The HHI of a market can range from market share). Algebraically, HHI is calculated as follows: HHI = 0 to 1 (some publications use 0 to 10,000, but the 19 N 2 On average, CMOs trade in 10.74 days out of S i = 1 si where si is the market share of firm i, and interpretation is the same after adjusting for scale), there are N total firms in a market. HHI is a succinct where HHI = 1 represents a perfectly concentrated 1,071 days in the sample period. measure of market concentration, and it is widely market (one firms controls the entire market) and

VerDate Sep<11>2014 19:00 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44069

TABLE 4—DISTRIBUTION OF TRANSACTIONS ABOVE AND BELOW PROPOSED THRESHOLD—Continued

Number of Volume transactions Percent ($bil.) Percent

Total ...... 2,929,803 100.00 10,740.75 100.00

The total number of transactions and per CUSIP requirement are presented in 7.99%) of trading volume in CMOs the trading volume that would be Table 5. The table shows that would be disseminated in weekly and disseminated under the $1 million approximately 8.65% (6.24% + 2.41%) monthly reports. threshold and the minimum five-trade of transactions and 28.63% (16.64% +

TABLE 5—AGGREGATE PERCENTAGE OF TRANSACTIONS BY TYPE AND DISSEMINATION WITH MINIMUM TWO MPID REQUIREMENT FOR PERIODIC REPORTS

Volume Transactions % ($bil.) %

Immediate ...... 2,320,636 79.21 176 1.64 Weekly ...... 182,893 6.24 1,787 16.64 Monthly ...... 70,528 2.41 858 7.99 Not dis...... 355,746 12.14 7,919 73.73

Total ...... 2,929,803 100.00 10,741 100.00

Table 6 reports the average trade non-concentrated CUSIPs. Similarly, an MPID’s CMO transactions would not characteristics by concentration at the 11.74% (9.19% + 2.55%) of CMO be subject to any dissemination under MPID level. As illustrated by the table, transactions for the typical MPID would the proposal, with 0.36% of in 79.29% of an MPID’s CMO transactions be disseminated via weekly and concentrated CUSIPs and 8.61% in non- would be disseminated immediately monthly periodic reports, with all concentrated CUSIPs. upon receipt, with 0.18% in transactions in non-concentrated concentrated CUSIPs and 79.11% in CUSIPs. Finally, on average, 8.97% of

TABLE 6—AVERAGE TRADING ACTIVITY PER MPID BY DISSEMINATION FREQUENCY AND CONCENTRATION

(Number of MPIDs = 1,002) % of transactions % of volume HH = 1 HH < 1 HH = 1 HH < 1

Immediate ...... 0.18 79.11 0.13 58.17 Weekly ...... 0.00 9.19 0.02 20.46 Monthly ...... 0.00 2.55 0.00 4.31 Not dis...... 0.36 8.61 0.85 16.05

This analysis suggests that (2) Reducing the Timeframe for and 33 seconds, respectively.21 information leakage may not be a Reporting CMO Transactions Approximately 92% of CMO significant issue based on the transactions are currently reported to concentration of trading activity in The second proposed change, TRACE within 60 minutes. Reports certain CUSIPs. Tables 5 and 6 confirm reducing the reporting timeframe for received 60 minutes or more after the that it would be difficult to ascertain CMOs from end-of-day to 60 minutes is transaction execution are significantly significant information about a single intended to facilitate timely larger than those that are reported 22 MPID’s trading strategy from both the dissemination of information for these within 60 minutes. Of the 974 market participants that real time and periodic dissemination of securities. However, FINRA is aware reported CMO trades during the sample CMO trades, as less than 1% of trading that a narrower reporting window may period, 417 reported all transactions in concentrated CUSIPs is expected to impose direct costs on firms to the be disseminated. Moreover, there are no extent that the firms have to modify or upgrade their reporting systems to 21 The sample for the analysis of the reporting concentrated CUSIPs where the timeframes excludes 453,137 ‘‘as of’’ trades that proposed rule would have led to comply with the reduced time period were in the original sample, since such trades are dissemination of all trades by any for transactions in CMOs executed on or reported at least a day after the transaction day and are disseminated with a ‘‘late’’ flag and are subject 20 after issuance. individual MPID. to a fine. In a sample of 2,476,666 transactions 22 Trades that are reported after 60 minutes have reported on the day of the execution, the an average transaction size of approximately $9.76 million, whereas the same figure is approximately 20 average and median reporting time after 463 MPIDs would have all of their CMO trades $2.76 million for trades that are reported within 60 disseminated immediately upon receipt; however, execution are approximately 19 minutes minutes. The difference of $7.00 million is none of those trades are in concentrated CUSIPs. statistically significant at the 1% level.

VerDate Sep<11>2014 19:00 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44070 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

within 60 minutes. Another 400 market disseminated immediately upon receipt FINRA has analyzed, the median participants reported at least 90%, but under the proposal, whereas, FINRA reporting time for CMO transactions is less than 100% of their CMO staff found that, under the same just under 20 minutes. Accordingly, transactions within 60 minutes of thresholds, only 29.51% and 37.92% of FINRA believes that a 15-minute execution. Finally, 157 market CDO and CMBS transactions would reporting requirement may impose participants reported less than 90% of have been disseminated, respectively, significantly greater costs than a 60- their transactions within 60 minutes; of upon receipt. This observation suggests minute requirement. Notably, FINRA these, only six reported all of their that differences in average trade believes that the 60 minute requirement transactions more than 60 minutes after characteristics may lead to different is still expected to provide sufficiently execution, but each of the six reported outcomes for dissemination across timely transparency to the market. fewer than five trades during the sample security types. Therefore, FINRA FINRA also notes that the proposed 60- period. believes that proceeding with CMO minute requirement for CMOs mirrors This analysis suggests that many dissemination is a sensible next step, the 60-minute requirement currently in market participants will require no and it will continue to analyze the place for another type of Securitized change in behavior to meet the proposed potential for enhanced transparency for Product—agency pass-through rule, and, as such, should face no the remaining Securitized Product mortgage-backed securities traded to be material costs. A second group of types. announced not good for delivery. market participants currently meet the FINRA staff also assessed whether the Finally, with respect to the reporting proposed reporting standards at least five-transaction requirement for process for pre-issuance CMOs, FINRA 90% of the time, suggesting that their periodic dissemination of trades in considered requiring that transactions costs for compliance should also be low. weekly and monthly reports is be reported no later than two days prior The data indicate that there are a small reasonable and appropriate based on to the first settlement date. However, but material number of market trading frequency. The staff found that FINRA understands that in many cases, participants that currently do not report increasing the requirement from five to particularly for private label securities, in a manner consistent with the ten transactions creates a significant the characteristics of a new issue may proposed rule, but these firms engage in shift of transactions from aggregate, not be finalized until the first settlement small numbers of transactions in CMO periodic dissemination to no date of the securities. As a result, FINRA securities. The cost that these firms dissemination. If the threshold were is instead proposing that pre-issuance would be expected to incur as a result increased to a minimum of 20 CMO transactions be reported by the of the shorter reporting timeframe transactions, then approximately 96% of first settlement date. would depend on the extent of the trading volume would not be modification or upgrade to the reporting disseminated. C. Self-Regulatory Organization’s systems to stay in compliance with the A higher minimum transaction Statement on Comments on the proposed rule. number threshold may also result in Proposed Rule Change Received From aggregate, periodic dissemination for Members, Participants, or Others (3) Simplifying the Reporting transactions reported by far fewer The proposed rule change was Requirements for Pre-Issuance CMO market participants. For example, based Transactions published for comment in Regulatory on the sample data referenced above Notice 15–04 (February 2015). Five The final proposed change would and assuming a five-transaction comments were received in response to impact the reporting timeframe for pre- threshold for periodic dissemination, 14 the Regulatory Notice.23 A copy of the issuance CMO transactions and is MPIDs would have had all of their Regulatory Notice is attached as Exhibit expected to benefit firms, since it is transactions disseminated weekly and 2a. Copies of the comment letters intended to eliminate potential an additional three MPIDs would have received in response to the Regulatory confusion about when the reporting had all of their transactions Notice are attached as Exhibit 2c. The obligation has been triggered. The disseminated monthly. However, if the comments are summarized below. proposed requirement that transactions minimum trade threshold were As an initial step, prior to issuing in CMOs that are executed before the increased to ten, there would only be a Regulatory Notice 15–04, FINRA staff issuance of the security must be single MPID whose transactions would solicited industry input from several of reported no later than the first be consistently disseminated in weekly its industry advisory committees. At settlement date provides firms with reports, and another single MPID whose this stage, as in the Regulatory Notice, more time to report the transactions transactions would be consistently FINRA was contemplating expanding than they have today. disseminated via monthly reports. The analysis implies that increasing dissemination to all remaining Alternatives Considered the minimum transaction number Securitized Products, including CMOs, As discussed in detail below, FINRA threshold for periodic dissemination CMBSs, and CDOs. FINRA was also staff also considered the dissemination would dramatically reduce the amount considering reducing the reporting of CMBSs and CDOs in addition to of information that is disseminated. In timeframe for these remaining CMOs. Likely due to differences in the addition, it may actually increase the Securitized Products to 15 minutes. The customers that trade Securitized risk of reverse-engineering the identity committees were generally supportive. Products, CMOs typically have or trading strategies of the single or few To the extent the committees raised relatively smaller transactions sizes than MPIDs whose trades would be subject to concerns, they were focused primarily those for CMBSs and CDOs and thus dissemination under a higher minimum 23 See Letters from Letters from the Financial would be more likely disseminated transaction number threshold. Information Forum, dated April 7, 2015 (‘‘FIF under the thresholds applied in this Another alternative that FINRA Letter’’); Bond Dealers of America, dated April 9, rule. For example, Table 5 above considered was a 15-minute reporting 2015 (‘‘BDA Letter’’); Association of Institutional demonstrates that 79.21% (0.36% + requirement for CMO transactions, INVESTORS, dated April 10, 2015 (‘‘INVESTORS Letter’’); Bloomberg’s Valuation Service, dated 78.85%) of CMO transactions would rather than the 60-minute requirement April 10, 2015 (‘‘BVAL Letter’’); and the Securities have been below the proposed that FINRA proposes in this filing. As Industry and Financial Markets Association, dated threshold, and thus would have been noted above, based on sample data that April 13, 2015 (‘‘SIFMA Letter’’).

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44071

on what an appropriate threshold would Price Transaction.26 SIFMA similarly echoed the concern that disseminating be to determine whether transactions argued that only secondary trades in trades up to $1 million in value could are subject to immediate or periodic CMOs should be disseminated, to align impact market pricing and liquidity and dissemination. At the time FINRA dissemination for additional Securitized impact trading strategies.31 raised this proposal with the Products with dissemination for Three of the commenters provided committees, it was proposing immediate corporate and agency debt and Asset- views on the proposed five transaction dissemination for transactions below a Backed Securities. SIFMA also threshold for the dissemination of threshold of $1 million in transaction expressed concerns about the ability to aggregate periodic reports for larger-size size, and aggregate periodic reporting reverse engineer transactions more transactions. INVESTORS and BVAL for transactions greater than $1 million, easily if last sale price and last sale date did not believe that there should be any provided there were at least five trade information were included in the minimum number of transactions reports in the same security during the periodic reports.27 required per reporting period to qualify applicable reporting period. FINRA Four of the commenters disagreed for dissemination, and that such a committed to vetting these proposed with the $1 million real-time minimum would restrict the proposal’s thresholds more completely through the dissemination threshold that FINRA usefulness.32 In contrast, SIFMA argued Regulatory Notice comment process. proposed in the Regulatory Notice, that the five transaction minimum was FINRA then published Regulatory although they took opposing views as to too low, and believed that it should be Notice 15–04 in February 2015 and whether the threshold would result in raised from five to 20, because received five comments in response. too many or too few transactions being ‘‘[l]iquidity in the securitized products Like the industry advisory committees, subject to real-time dissemination. markets will be least impacted by price commenters focused primarily on the According to INVESTORS, $1 million is dissemination if only truly actively merits of disseminating transaction too low given that the market for traded CUSIPs are captured in the 33 information for the remaining Securitized Products is primarily weekly and monthly reports.’’ Securitized Products, as well as the institutional, so INVESTORS One commenter also addressed the thresholds proposed for immediate recommended a $5 million threshold proposed reduction of the reporting 28 versus aggregate, periodic reporting. instead. Another commenter, timeframe to 15 minutes for transactions Some of the commenters also discussed Bloomberg’s Valuation Service in the remaining Securitized Products. the elements of the proposal that would (‘‘BVAL’’) also stated that the $1 million BDA expressed concern that a reduced have reduced the reporting timeframe threshold is too low to provide relevant reporting timeframe could have a for the remaining Securities Products to pricing information to the market, since disproportionate impact on smaller 15 minutes. less than 1% of the market trades below dealers and may result in these products $1 million, and the trades that do occur being traded less by dealers and more by Two of the commenters took different below the threshold involve a different banking institutions that do not have to views on the merits of expanding buyer base and pricing model.29 comply with TRACE reporting dissemination to include the remaining On the other hand, two of the requirements. BDA stated that Securitized Products. The Association commenters believed that the proposed additional Securitized Products of Institutional INVESTORS $1 million threshold was too high. typically trade in ‘‘odd lot’’ sizes, where (‘‘INVESTORS’’) strongly favored SIFMA stated that the threshold should liquidity has traditionally been dissemination because ‘‘transparency be lowered from $1 million to $100,000 provided by small to medium size will be extremely beneficial to all ‘‘to ensure only truly retail-sized dealers, who would face ‘‘significant market participants and greatly assist in transactions’’ are subject to real-time challenges’’ complying with a 15- price discovery and in decreasing price dissemination. According SIFMA, 34 24 minute reporting requirement. dispersion.’’ In contrast, the setting the threshold at $1 million Finally, three of the commenters Securities Industry and Financial would include inter-dealer trades as addressed the element of the proposal Markets Association (‘‘SIFMA’’) well as retail, and disseminating that would simplify the reporting acknowledged that dissemination may information on both types of process for pre-issuance CMOs, which contribute to better price formation for transactions could be ‘‘misleading’’ to in the Regulatory Notice would have additional Securitized Products but retail investors. Additionally, SIFMA required reporting no later than two expressed its belief that dissemination expressed its belief that disseminating days prior to the first settlement date, may negatively impact market liquidity. larger-size trades could harm liquidity with varying levels of support. SIFMA In SIFMA’s view, liquidity should be in an already illiquid marketplace.30 strongly supported the change as prioritized over enhancing price The Bond Dealers of America (‘‘BDA’’) 35 25 proposed. BDA expressed support for discovery. the proposed change, but recommended With respect to the specific items of 26 See FIF Letter at 2. The term ‘‘List or Fixed that the reporting deadline be moved transaction information FINRA Price Transaction’’ is defined in Rule 6710(q) to back further, to settlement minus one mean a primary market sale transaction sold on the proposed in the Regulatory Notice to 36 first day of trading of a security, including an Asset- day. FIF recommended greater disseminate, the Financial Information Backed Security as defined in paragraph (cc), but relaxation of the reporting timeframe, Forum (‘‘FIF’’) argued that the excluding any other Securitized Product as defined proposing a settlement date deadline, information disseminated for the in paragraph (m): (i) By a sole underwriter, rather than settlement minus two. remaining Securitized Products should syndicate manager, syndicate member or selling group member at the published or stated list or align with the information disseminated fixed offering price, or (ii) in the case of a primary 31 See BDA Letter at 3. for Asset-Backed Securities. FIF market sale transaction effected pursuant to 32 See INVESTORS Letter at 2–3 and BVAL Letter specifically recommended suppressing Securities Act Rule 144A, by an initial purchaser, at 1. the contra-party indicator and syndicate manager, syndicate member or selling 33 See SIFMA Letter at 2–3. This commenter identifying transactions that meet the group member at the published or stated fixed further asked that the proposed aggregate periodic offering price. reports not include last price and trade date, to definition of a List or Fixed Offering 27 See SIFMA Letter at 3. minimize the potential for reverse engineering. 28 See INVESTORS Letter at 2–3. 34 See BDA Letter at 2–3. 24 INVESTORS Letter at 1. 29 See BVAL Letter at 1. 35 See SIFMA Letter at 3. 25 See SIFMA Letter at 1–2. 30 See SIFMA Letter at 2. 36 See BDA Letter at 4.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44072 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

According to FIF, information for pre- aggregate periodic reporting will further III. Date of Effectiveness of the issuance CMOs ‘‘is not consistently the interests of transparency while being Proposed Rule Change and Timing for available two days prior to the first sensitive to the confidentiality of Commission Action 37 settlement date.’’ positions or trading strategies, Within 45 days of the date of FINRA carefully considered the particularly in securities that trade in a publication of this notice in the Federal committee views and written comments. concentrated market made by just one Register or within such longer period (i) After analyzing this feedback, FINRA dealer. as the Commission may designate up to believes it is appropriate to proceed 90 days of such date if it finds such with the proposal as described and Concerning the specific items of longer period to be appropriate and explained above in the filing, which has transaction information that FINRA publishes its reasons for so finding or been modified from what FINRA would disseminate for CMOs, FINRA (ii) as to which the self-regulatory proposed in Regulatory Notice 15–04. has modified the proposal in part to Based on FINRA’s continued study of reflect the input it received from organization consents, the Commission the impact of dissemination on TRACE- commenters. Specifically, FINRA will will: Eligible Securities, and Securitized remove counterparty information from (A) By order approve or disapprove Products in particular, in addition to transactions that are disseminated and such proposed rule change, or dialogue with a variety of market will also remove the data fields that it (B) institute proceedings to determine participants and the feedback received proposed in Regulatory Notice 15–04 for whether the proposed rule change on Regulatory Notice 15–04, FINRA the periodic reports that would have should be disapproved. believes the proposed dissemination of conveyed last sale price, last sale date, IV. Solicitation of Comments transaction information for CMOs customer buy, customer sell, and Interested persons are invited to would be valuable to assist in price interdealer prices. FINRA believes these submit written data, views, and discovery, determination of execution modifications are appropriate to address arguments concerning the foregoing, quality, and, in particular, valuation of commenters’ concerns about reverse including whether the proposed rule securities positions. FINRA recognizes, engineering. FINRA has not modified change is consistent with the Act. however, that CMOs generally are more the proposal, however, in response to Comments may be submitted by any of complex and less fungible than the commenters’ suggestion to suppress the following methods: securities that are currently subject to new issue transactions in CMOs. The dissemination. As a result, FINRA definition of List or Fixed Price Electronic Comments believes it is important to calibrate its Transaction does not apply to CMOs. • Use the Commission’s Internet proposal to provide for tiered FINRA believes that redefining the term comment form (http://www.sec.gov/ dissemination of these products in a List or Fixed Price Transaction to rules/sro.shtml); or way that promotes transparency while include CMOs would result in a • Send an email to rule-comments@ minimizing potential negative impacts significantly less effective proposal, sec.gov. Please include File Number SR– on liquidity. Importantly, while FINRA according to input FINRA has received FINRA–2016–023 on the subject line. has decided not to expand from various market participants. dissemination to CMBSs and CDOs at Paper Comments Concerning the reporting timeframe this time, FINRA believes this proposal • Send paper comments in triplicate is a careful step towards enhanced for transactions in CMOs executed on or after issuance, FINRA modified its to Brent J. Fields, Secretary, Securities transparency for these remaining and Exchange Commission, 100 F Street Securitized Product types, and that it proposal to allow for 60-minute NE., Washington, DC 20549–1090. will allow FINRA and market reporting rather than 15-minute participants to consider how best to reporting. FINRA believes this change is All submissions should refer to File approach the final phase of appropriate to minimize firms’ reporting Number SR–FINRA–2016–023. This file dissemination expansion. burdens while improving the timeliness number should be included on the In an effort to further calibrate the in the receipt and dissemination of subject line if email is used. To help the proposal to provide additional CMO transaction information. FINRA Commission process and review your safeguards against the risk of reverse- notes that the proposed 60-minute comments more efficiently, please use engineering, FINRA modified the timeframe is the same as the reporting only one method. The Commission will minimum security activity threshold requirement for other Securitized post all comments on the Commission’s first proposed in Regulatory Notice 15– Products, namely, agency pass-through Internet Web site (http://www.sec.gov/ 04 for periodic reporting. The mortgage-backed securities traded to be rules/sro.shtml). Copies of the Regulatory Notice proposed to announced not for good delivery. submission, all subsequent disseminate larger-size transactions ($1 amendments, all written statements million or more) on an aggregate Finally, FINRA has modified its with respect to the proposed rule periodic basis provided there were five approach to simplifying the reporting change that are filed with the or more transactions in the security process for pre-issuance CMOs from Commission, and all written during the reporting period. In response what it proposed in its Regulatory communications relating to the to the feedback FINRA received, FINRA Notice. As noted above, FINRA proposed rule change between the is now proposing to disseminate understands that in many cases, Commission and any person, other than aggregate periodic reports for larger-size particularly for private label securities, those that may be withheld from the transactions provided there are five or the characteristics of a new issue may public in accordance with the more transactions in the security during not be finalized until the first settlement provisions of 5 U.S.C. 552, will be the reporting period, and further that date of the securities. As a result, FINRA available for Web site viewing and the transactions must be reported by at is no longer proposing a reporting printing in the Commission’s Public least two different MPIDs. FINRA deadline two days prior to the first Reference Room, 100 F Street NE., believes that this modified threshold for settlement date, but is instead proposing Washington, DC 20549 on official that pre-issuance CMO transactions be business days between the hours of 37 See FIF Letter at 2. reported by the first settlement date. 10:00 a.m. and 3:00 p.m. Copies of such

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44073

filing also will be available for The text of the proposed rule change To ease concerns that these new inspection and copying at the principal is available at the Exchange’s Web site order-handling procedures could be office of FINRA. All comments received at www.batstrading.com, at the abused solely for the purpose of will be posted without change; the principal office of the Exchange, and at obtaining executions at one-half Commission does not edit personal the Commission’s Public Reference minimum price variations—although identifying information from Room. there was no evidence to suggest this might occur—the Exchange included submissions. You should submit only II. Self-Regulatory Organization’s Interpretation and Policy .01 to Rule information that you wish to make Statement of the Purpose of, and 11.13 stating: available publicly. All submissions Statutory Basis for, the Proposed Rule should refer to File Number SR–FINRA– Change The Exchange will consider it inconsistent 2016–023, and should be submitted on with just and equitable principles of trade to or before July 27, 2016. In its filing with the Commission, the engage in a pattern or practice of using Non- Exchange included statements Displayed Orders or orders subject to price For the Commission, by the Division of concerning the purpose of and basis for sliding solely for the purpose of executing Trading and Markets, pursuant to delegated such orders at one-half minimum price authority.38 the proposed rule change and discussed any comments it received on the variation from the locking price. Evidence of Robert W. Errett, proposed rule change. The text of these such behavior may include, but is not limited Deputy Secretary. statements may be examined at the to, a User’s pattern of entering orders at a [FR Doc. 2016–15918 Filed 7–5–16; 8:45 am] price that would lock or be ranked at the places specified in Item IV below. The price of a displayed quotation and cancelling BILLING CODE 8011–01–P Exchange has prepared summaries, set orders when they no longer lock the forth in sections A, B, and C below, of displayed quotation. the most significant parts of such The Exchange also stated in the 2011 SECURITIES AND EXCHANGE statements. COMMISSION Proposal that it would conduct A. Self-Regulatory Organization’s surveillance to monitor for such [Release No. 34–78194; File No. SR– Statement of the Purpose of, and the potential abuse.6 BatsBYX–2016–16] Statutory Basis for, the Proposed Rule The Commission approved the 2011 Change Proposal,7 and the Exchange has Self-Regulatory Organizations; Bats 1. Purpose conducted nearly five years of BYX Exchange, Inc.; Notice of Filing surveillance as it promised in the 2011 and Immediate Effectiveness of a Introduction Proposal. After this lengthy period of Proposed Rule Change To Remove In 2011, the Exchange identified an surveillance, the Exchange has Interpretation and Policy .01 From Rule inefficiency in its handling of certain determined that there is no evidence 11.13, Order Execution and Routing non-displayed orders resting on the that market participants attempt to use June 29, 2016. Exchange at a price equal to the the Exchange’s order handling procedures in Rule 11.13 solely to Pursuant to section 19(b)(1) of the Exchange’s best displayed orders on the obtain executions at one-half minimum Securities Exchange Act of 1934 (the opposite side of the market (‘‘Locking price variations. Further, the Exchange ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Price’’) (the non-displayed orders at the Locking Price, ‘‘Non-Displayed has found no way in which a market notice is hereby given that on June 23, participant could abuse these order 2016, Bats BYX Exchange, Inc. (the Orders’’). Similarly, the Exchange identified an inefficiency in its handling handling procedures. It is the ‘‘Exchange’’ or ‘‘BYX’’) filed with the of certain displayed orders that were Exchange’s position, therefore, that Securities and Exchange Commission ranked at the Locking Price and Interpretation and Policy .01 and its (‘‘Commission’’) the proposed rule displayed at a permissible price one corollary surveillance is now change as described in Items I and II minimum price variation away from the unnecessary. The Exchange proposes to below, which Items have been prepared Locking Price (such orders ‘‘Resting remove the unnecessary Interpretation by the Exchange. The Exchange has Order Subject to NMS Price Sliding’’). and Policy and to discontinue the designated this proposal as a ‘‘non- In order to avoid an apparent issue corollary surveillance. controversial’’ proposed rule change under its then-existing priority rule, the pursuant to section 19(b)(3)(A) of the Background Exchange was rejecting incoming orders Act 3 and Rule 19b–4(f)(6) thereunder,4 that were otherwise marketable against Prior to the implementation of the which renders it effective upon filing the Non-Displayed Orders or the Resting 2011 Proposal, consistent with the with the Commission. The Commission Orders Subject to NMS Price Sliding. In Exchange’s rule regarding priority of is publishing this notice to solicit order to optimize available liquidity for orders, Rule 11.12, in order to avoid an comments on the proposed rule change incoming orders and to provide price apparent priority issue under the from interested persons. improvement for market participants, Exchange’s rules Non-Displayed Orders I. Self-Regulatory Organization’s the Exchange proposed in May of 2011 and Resting Orders Subject to NMS Statement of the Terms of Substance of to execute a resting Non-Displayed Price Sliding were not executed by the the Proposed Rule Change Order or Resting Order Subject to NMS Exchange pursuant to Rule 11.13 when Price Sliding at one-half minimum price such orders would be executed at a The Exchange filed a proposal to Locking Price. Specifically, if incoming remove Interpretation & Policy .01 from variation less than the Locking Price in the case of a bid and one-half minimum Exchange Rule 11.13, as further to pay, and for offers the lowest price at which the price variation more than the Locking User is willing to sell. described below. 5 Price in the case of an offer. 6 See 2011 Proposal, supra note 5, at 28829. 7 See Securities Exchange Act Release No. 64753 38 17 CFR 200.30–3(a)(12). 5 See Securities Exchange Act Release No. 64476 (June 27, 2011), 76 FR 38714 (July 1, 2011) (SR– 1 15 U.S.C. 78s(b)(1). (May 12, 2011), 76 FR 28826 (May 18, 2011) (SR– BYX–2011–009) (Order Approving a Proposed Rule 2 17 CFR 240.19b–4. BYX–2011–009) (‘‘2011 Proposal’’). The reference to Change To Amend BYX Rule 11.9, Entitled ‘‘Orders 3 15 U.S.C. 78s(b)(3)(A). the most ‘‘aggressive’’ price, as used in that filing, and Modifiers’’ and BYX Rule 11.13, Entitled 4 17 CFR 240.19b–4(f)(6). means for bids the highest price the User is willing ‘‘Order Execution’’) (‘‘2011 Approval’’).

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44074 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

orders were allowed to execute against Interpretation and Policy .01 to Rule surveillance to ensure that users are not the resting Non-Displayed Order or the 11.13 intentionally seeking to create an internally Resting Order Subject to NMS Price locked book for the purpose of obtaining an In proposing the 2011 Proposal, there execution at a one-half minimum price Sliding at the Locking Price, such orders was concern from Commission staff that variation.11 would have received a perceived market participants may attempt to The Commission stated in its approval priority advantage over a resting, abuse the rule solely to obtain order that it ‘‘believes that any potential displayed contra-side order at the executions at one-half minimum price abuses are mitigated by the Exchange’s variations. To assuage the concern, the Locking Price; accordingly, such addition of Interpretation and Policy .01 Exchange included Interpretation and executions at the Locking Price were to BATS Rule 11.13 and its commitment Policy .01 to Rule 11.13 to state disallowed. As noted above, however, to monitor relevant trading on its explicitly that the Exchange will the Exchange proposed functionality to market.’’ 12 optimize available liquidity for consider it inconsistent with just and incoming orders and to provide price equitable principles of trade to engage Proposal To Remove Interpretation and improvement for market participants, in a pattern or practice of using Non- Policy .01 to Rule 11.13 which was subsequently approved and Displayed Orders or Resting Orders The Exchange designed and implemented by the Exchange.8 Below Subject to NMS Price Sliding solely for implemented a surveillance program to is an example that illustrates how the the purpose of executing such orders at monitor for abuse of the order handling one-half minimum price variations from Exchange has handled such orders procedures implemented by the 2011 the locking price. The Exchange further following the implementation of Proposal and has conducted the explained that evidence of such surveillance for nearly five years. The functionality described in the 2011 behavior may include, but is not limited Proposal. Exchange has found over this period no to, a User’s pattern of entering orders at evidence to suggest that market Assume the Exchange has a posted a price that would lock or be ranked at participants intentionally seek to create and displayed bid to buy 100 shares of the price of a displayed quotation and an internally locked book solely for the a security priced at $10.10 per share, a cancelling orders when they no longer purpose of obtaining an execution at resting Non-Displayed Order bid to buy lock the displayed quotation. The one-half minimum price variation. The 100 shares of a security priced at $10.11 Exchange stated in the 2011 Proposal it evidence has shown that half-penny would ‘‘conduct surveillance to ensure per share, and a posted and displayed executions appear to be the natural that Users are not intentionally seeking offer to sell 100 shares also at $10.11 per result of order interactions on the to create an internally locked Book for share. Assume the NBBO is also $10.10 Exchange. Further, since the change, the purpose of obtaining an execution at by $10.11. The Exchange’s order book market participants have received price one-half minimum price variation.’’ 9 (‘‘BYX Book’’) in this situation can be improvement on both sides of a trade The Exchange notes that when proposed depicted as follows, with ‘‘ND’’ when that trade would have otherwise the Exchange believed the functionality identifying the Non-Displayed Order: been prevented from occurring under was a solution to a specific situation the Exchange’s prior functionality. The that was a natural consequence of the Bid Offer Exchange, therefore, no longer believes Exchange’s order handling procedures, Interpretation and Policy .01 is Bats: $10.10 (ND) X $10.10 particularly due to offering Users the ability to enter orders that instruct the necessary or appropriate. $10.10 The purpose of Interpretation and Exchange not to remove liquidity (i.e., Policy .01 and the associated ‘‘Post Only Orders’’) and to enter orders If an incoming offer to sell 100 shares surveillance was to ensure that market with non-displayed prices.10 The at $10.10 is entered into the BYX Book, participants would not find a way to Exchange still believes this to be the the resting Non-Displayed Order at the abuse the new order handling case and thus, as further described locking price will be executed at procedures by engaging in a pattern or below, seeks to eliminate surveillance $10.105 per share, thus providing the practice of entering non-displayed focused on orders and System resting Non-Displayed bid a half-penny locking orders solely for the purpose of functionality that are simply behaving obtaining an execution at one-half of price improvement from its limit as the Exchange intends them to behave. price of $10.11 and the incoming offer In approving the rule change, the Staff minimum price variation. Since the a half-penny of price improvement from noted the proposed Interpretation and Exchange has determined there is no its limit price of $10.10. The result Policy .01: evidence that such abuse has occurred would be the same for an incoming the Exchange believes that The Exchange also proposes adding market order to sell or any other Interpretation and Policy and corollary Interpretation and Policy .01 to BATS Rule surveillance have served their purpose incoming limit order offer priced at 11.13 to state that the Exchange will consider $10.10 or below, which would execute it inconsistent with just and equitable and are no longer necessary. The against the Non-Displayed bid at a price principles of trade to engage in a pattern or Exchange believes that its regulatory of $10.105 per share. An offer at the full practice of using Non-Displayed Orders or program would be better served by the price of the resting and displayed orders subject to price sliding solely for the removal of Interpretation and Policy .01 purpose of executing such orders at one-half so that the Exchange staff may retire the $10.11 offer would not execute against minimum price variation from the locking the resting Non-Displayed bid, but surveillance and focus its regulatory price. Evidence of such behavior may efforts on activity that it has identified would instead either cancel or post to include, but is not limited to, a User’s pattern as having an impact on the safety and the BYX Book behind the original of entering orders at a price that would lock or be ranked at the price of a displayed quality of its market. $10.11 offer in priority. As described Finally, Bats EDGX Exchange Inc. above, the Exchange has adopted similar quotation and cancelling orders when they no longer lock the displayed quotation. The (‘‘EDGX’’) and Bats EDGA Exchange Inc. functionality with respect to Resting Exchange has also stated that it will conduct (‘‘EDGA’’) have substantively identical Orders Subject to NMS Price Sliding. 9 See 2011 Proposal, supra note 5 at 28829. 11 See 2011 Approval, supra note 7 at 38714. 8 See id. 10 See id. 12 See 2011 Approval, supra note 7 at 38715.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44075

order handling functionality, but neither concern that Interpretation and Policy Electronic Comments have the Interpretation and Policy this .01 was implemented to monitor. • proposal seeks to remove. The Use the Commission’s Internet B. Self-Regulatory Organization’s Exchange, therefore, believes that the comment form (http://www.sec.gov/ Statement on Burden on Competition Interpretation and Policy is unnecessary rules/sro.shtml); or and the Exchange proposes to remove it The Exchange does not believe that • Send an email to rule-comments@ from Rule 11.13. Although the Exchange the proposed rule changes will result in sec.gov. Please include File No. SR– is proposing to remove Interpretation any burden on competition that is not BatsBYX–2016–16 on the subject line. and Policy .01 from Rule 11.13, the necessary or appropriate in furtherance Exchange notes that all trading activity of the purposes of the Act. The Paper Comments on the Exchange, including orders proposed rule change simply removes • Send paper comments in triplicate entered and handled and executions an interpretation and policy that the to Secretary, Securities and Exchange resulting from the order handling Exchange does not believe is necessary, procedures implemented by the 2011 as described above, and should have no Commission, 100 F Street NE., Proposal, is subject to the Exchange’s effect on competition. Washington, DC 20549–1090. overall surveillance program, which C. Self-Regulatory Organization’s All submissions should refer to File No. monitors for potential violations of the Statement on Comments on the SR–BatsBYX–2016–16. This file number federal securities laws and the Proposed Rule Change Received From should be included on the subject line regulations thereunder as well as Members, Participants, or Others if email is used. To help the Exchange Rules. The Exchange has neither solicited Commission process and review your 2. Statutory Basis nor received written comments on the comments more efficiently, please use proposed rule change. only one method. The Commission will The rule change proposed in this post all comments on the Commission’s III. Date of Effectiveness of the submission is consistent with the Internet Web site (http://www.sec.gov/ requirements of the Act and the rules Proposed Rule Change and Timing for Commission Action rules/sro.shtml). Copies of the and regulations thereunder that are submission, all subsequent applicable to a national securities Because the proposed rule change amendments, all written statements exchange, and, in particular, with the does not (i) significantly affect the with respect to the proposed rule requirements of section 6(b) of the protection of investors or the public change that are filed with the Act.13 Specifically, the proposed change interest; (ii) impose any significant Commission, and all written is consistent with section 6(b)(5) of the burden on competition; and (iii) become communications relating to the Act,14 because it is designed to prevent operative for 30 days from the date on fraudulent and manipulative acts and which it was filed, or such shorter time proposed rule change between the practices, to promote just and equitable as the Commission may designate, it has Commission and any person, other than principles of trade, to foster cooperation become effective pursuant to section those that may be withheld from the and coordination with persons engaged 19(b)(3)(A) of the Act 15 and Rule 19b– public in accordance with the in facilitating transactions in securities, 4(f)(6) thereunder.16 provisions of 5 U.S.C. 552, will be and to remove impediments to, and At any time within 60 days of the available for Web site viewing and perfect the mechanism of, a free and filing of the proposed rule change, the printing in the Commission’s Public open market and a national market Commission summarily may Reference Room, 100 F Street NE., system. The proposed change to remove temporarily suspend such rule change if Washington, DC 20549, on official Interpretation and Policy .01 from Rule it appears to the Commission that such business days between the hours of 11.13 will permit the Exchange to focus action is necessary or appropriate in the 10:00 a.m. and 3:00 p.m. Copies of the its regulatory efforts on conduct that public interest, for the protection of filing also will be available for more likely violates principles of just investors, or otherwise in furtherance of inspection and copying at the principal and equitable trade rather than the purposes of the Act. If the office of the Exchange. All comments dedicating regulatory staff and efforts on Commission takes such action, the received will be posted without change; a topic which the Exchange has found Commission shall institute proceedings the Commission does not edit personal to determine whether the proposed rule no evidence of its existence. Since 2011, identifying information from change should be approved or the Exchange has dedicated resources to submissions. You should submit only disapproved. operate regulatory surveillance and information that you wish to make investigate potential abuse of the IV. Solicitation of Comments available publicly. All submissions Exchange’s functionality and has found Interested persons are invited to should refer to File No. SR–BatsBYX– that there is no evidence of abuse of the 2016–16, and should be submitted on or relevant order handling procedures submit written data, views, and before July 27, 2016. solely for the purpose of obtaining one- arguments concerning the foregoing, half minimum price variations. The including whether the proposed rule For the Commission, by the Division of Exchange believes the proposal will change is consistent with the Act. Trading and Markets, pursuant to delegated promote just and equitable principles of Comments may be submitted by any of authority.17 the following methods: trade and will help prevent fraudulent Robert W. Errett, and manipulative acts by focusing 15 15 U.S.C. 78s(b)(3)(A). Deputy Secretary. regulatory efforts on activity that the 16 17 CFR 240.19b–4(f)(6). As required under Rule [FR Doc. 2016–15917 Filed 7–5–16; 8:45 am] Exchange has identified as having an 19b–4(f)(6)(iii), the Exchange provided the BILLING CODE 8011–01–P impact on the safety and quality of its Commission with written notice of its intent to file market rather than the hypothetical the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date 13 15 U.S.C. 78f(b). of filing of the proposed rule change, or such 14 15 U.S.C. 78f(b)(5). shorter time as designated by the Commission. 17 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00090 Fmt 4703 Sfmt 9990 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44076 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s The Exchange also stated in the 2011 COMMISSION Statement of the Purpose of, and the Proposal that it would conduct Statutory Basis for, the Proposed Rule surveillance to monitor for such [Release No. 34–78193; File No. SR– 6 BatsBZX–2016–28] Change potential abuse. 1. Purpose The Commission approved the 2011 Self-Regulatory Organizations; Bats Proposal,7 and the Exchange has BZX Exchange, Inc.; Notice of Filing Introduction conducted nearly five years of and Immediate Effectiveness of a In 2011, the Exchange identified an surveillance as it promised in the 2011 Proposed Rule Change To Remove inefficiency in its handling of certain Proposal. After this lengthy period of Interpretation and Policy .01 From Rule non-displayed orders resting on the surveillance, the Exchange has 11.13, Order Execution and Routing Exchange at a price equal to the determined that there is no evidence Exchange’s best displayed orders on the that market participants attempt to use June 29, 2016. opposite side of the market (‘‘Locking the Exchange’s order handling Pursuant to Section 19(b)(1) of the Price’’) (the non-displayed orders at the procedures in Rule 11.13 solely to Securities Exchange Act of 1934 (the obtain executions at one-half minimum 1 2 Locking Price, ‘‘Non-Displayed ‘‘Act’’), and Rule 19b–4 thereunder, Orders’’). Similarly, the Exchange price variations. Further, the Exchange notice is hereby given that on June 23, identified an inefficiency in its handling has found no way in which a market 2016, Bats BZX Exchange, Inc. (the of certain displayed orders that were participant could abuse these order ‘‘Exchange’’ or ‘‘BZX’’) filed with the ranked at the Locking Price and handling procedures. It is the Securities and Exchange Commission displayed at a permissible price one Exchange’s position, therefore, that (‘‘Commission’’) the proposed rule minimum price variation away from the Interpretation and Policy .01 and its change as described in Items I and II Locking Price (such orders ‘‘Resting corollary surveillance is now below, which Items have been prepared Order Subject to NMS Price Sliding’’). unnecessary. The Exchange proposes to by the Exchange. The Exchange has In order to avoid an apparent issue remove the unnecessary Interpretation designated this proposal as a ‘‘non- under its then-existing priority rule, the and Policy and to discontinue the controversial’’ proposed rule change Exchange was rejecting incoming orders corollary surveillance. pursuant to Section 19(b)(3)(A) of the that were otherwise marketable against 3 4 Background Act and Rule 19b–4(f)(6) thereunder, the Non-Displayed Orders or the Resting which renders it effective upon filing Orders Subject to NMS Price Sliding. In Prior to the implementation of the with the Commission. The Commission order to optimize available liquidity for 2011 Proposal, consistent with the is publishing this notice to solicit incoming orders and to provide price Exchange’s rule regarding priority of comments on the proposed rule change improvement for market participants, orders, Rule 11.12, in order to avoid an from interested persons. the Exchange proposed in May of 2011 apparent priority issue under the I. Self-Regulatory Organization’s to execute a resting Non-Displayed Exchange’s rules Non-Displayed Orders Statement of the Terms of Substance of Order or Resting Order Subject to NMS and Resting Orders Subject to NMS the Proposed Rule Change Price Sliding at one-half minimum price Price Sliding were not executed by the The Exchange filed a proposal to variation less than the Locking Price in Exchange pursuant to Rule 11.13 when remove Interpretation & Policy .01 from the case of a bid and one-half minimum such orders would be executed at a price variation more than the Locking Locking Price. Specifically, if incoming Exchange Rule 11.13, as further 5 described below. Price in the case of an offer. orders were allowed to execute against The text of the proposed rule change To ease concerns that these new the resting Non-Displayed Order or the is available at the Exchange’s Web site order-handling procedures could be Resting Order Subject to NMS Price at www.batstrading.com, at the abused solely for the purpose of Sliding at the Locking Price, such orders principal office of the Exchange, and at obtaining executions at one-half would have received a perceived the Commission’s Public Reference minimum price variations—although priority advantage over a resting, Room. there was no evidence to suggest this displayed contra-side order at the might occur—the Exchange included Locking Price; accordingly, such II. Self-Regulatory Organization’s Interpretation and Policy .01 to Rule executions at the Locking Price were Statement of the Purpose of, and 11.13 stating: disallowed. As noted above, however, Statutory Basis for, the Proposed Rule The Exchange will consider it inconsistent the Exchange proposed functionality to Change with just and equitable principles of trade to optimize available liquidity for In its filing with the Commission, the engage in a pattern or practice of using Non- incoming orders and to provide price Exchange included statements Displayed Orders or orders subject to price improvement for market participants, concerning the purpose of and basis for sliding solely for the purpose of executing which was subsequently approved and the proposed rule change and discussed such orders at one-half minimum price implemented by the Exchange.8 Below variation from the locking price. Evidence of any comments it received on the is an example that illustrates how the such behavior may include, but is not limited Exchange has handled such orders proposed rule change. The text of these to, a User’s pattern of entering orders at a statements may be examined at the price that would lock or be ranked at the following the implementation of places specified in Item IV below. The price of a displayed quotation and cancelling functionality described in the 2011 Exchange has prepared summaries, set orders when they no longer lock the Proposal. forth in Sections A, B, and C below, of displayed quotation. the most significant parts of such 6 See 2011 Proposal, supra note 5, at 28833. statements. 5 See Securities Exchange Act Release No. 64754 7 See Securities Exchange Act Release No. 64754 (May 12, 2011), 76 FR 28830 (May 18, 2011) (SR– (June 27, 2011), 76 FR 38712 (July 1, 2011) (SR– BATS–2011–015) (‘‘2011 Proposal’’). The reference BATS–2011–015) (Order Approving a Proposed 1 15 U.S.C. 78s(b)(1). to the most ‘‘aggressive’’ price, as used in that filing, Rule Change To Amend BATS Rule 11.9, Entitled 2 17 CFR 240.19b–4. means for bids the highest price the User is willing ‘‘Orders and Modifiers’’ and BATS Rule 11.13, 3 15 U.S.C. 78s(b)(3)(A). to pay, and for offers the lowest price at which the Entitled ‘‘Order Execution’’) (‘‘2011 Approval’’). 4 17 CFR 240.19b–4(f)(6). User is willing to sell. 8 See id.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44077

Assume the Exchange has a posted lock the displayed quotation. The participants intentionally seek to create and displayed bid to buy 100 shares of Exchange stated in the 2011 Proposal it an internally locked book solely for the a security priced at $10.10 per share, a would ‘‘conduct surveillance to ensure purpose of obtaining an execution at resting Non-Displayed Order bid to buy that Users are not intentionally seeking one-half minimum price variation. The 100 shares of a security priced at $10.11 to create an internally locked Book for evidence has shown that half-penny per share, and a posted and displayed the purpose of obtaining an execution at executions appear to be the natural offer to sell 100 shares also at $10.11 per one-half minimum price variation.’’ 9 result of order interactions on the share. Assume the NBBO is also $10.10 The Exchange notes that when proposed Exchange. Further, since the change, by $10.11. The Exchange’s order book the Exchange believed the functionality market participants have received price (‘‘BZX Book’’) in this situation can be was a solution to a specific situation improvement on both sides of a trade depicted as follows, with ‘‘ND’’ that was a natural consequence of the when that trade would have otherwise identifying the Non-Displayed Order: Exchange’s order handling procedures, been prevented from occurring under particularly due to offering Users the the Exchange’s prior functionality. The Bid Offer ability to enter orders that instruct the Exchange, therefore, no longer believes Exchange not to remove liquidity (i.e., Interpretation and Policy .01 is Bats: $10.11 (ND) X $10.11 ‘‘Post Only Orders’’) and to enter orders necessary or appropriate. $10.10 with non-displayed prices.10 The The purpose of Interpretation and Exchange still believes this to be the Policy .01 and the associated If an incoming offer to sell 100 shares surveillance was to ensure that market at $10.10 is entered into the BZX Book, case and thus, as further described below, seeks to eliminate surveillance participants would not find a way to the resting Non-Displayed Order at the abuse the new order handling locking price will be executed at focused on orders and System functionality that are simply behaving procedures by engaging in a pattern or $10.105 per share, thus providing the practice of entering non-displayed resting Non-Displayed bid a half-penny as the Exchange intends them to behave. In approving the rule change, the Staff locking orders solely for the purpose of of price improvement from its limit obtaining an execution at one-half price of $10.11 and the incoming offer noted the proposed Interpretation and Policy .01: minimum price variation. Since the a half-penny of price improvement from Exchange has determined there is no its limit price of $10.10. The result The Exchange also proposes adding evidence that such abuse has occurred would be the same for an incoming Interpretation and Policy .01 to BATS Rule the Exchange believes that market order to sell or any other 11.13 to state that the Exchange will consider it inconsistent with just and equitable Interpretation and Policy and corollary incoming limit order offer priced at surveillance have served their purpose $10.10 or below, which would execute principles of trade to engage in a pattern or practice of using Non-Displayed Orders or and are no longer necessary. The against the Non-Displayed bid at a price orders subject to price sliding solely for the Exchange believes that its regulatory of $10.105 per share. An offer at the full purpose of executing such orders at one-half program would be better served by the price of the resting and displayed minimum price variation from the locking removal of Interpretation and Policy .01 $10.11 offer would not execute against price. Evidence of such behavior may so that the Exchange staff may retire the the resting Non-Displayed bid, but include, but is not limited to, a User’s pattern surveillance and focus its regulatory would instead either cancel or post to of entering orders at a price that would lock efforts on activity that it has identified the BZX Book behind the original or be ranked at the price of a displayed as having an impact on the safety and quotation and cancelling orders when they $10.11 offer in priority. As described quality of its market. above, the Exchange has adopted similar no longer lock the displayed quotation. The Exchange has also stated that it will conduct Finally, Bats EDGX Exchange Inc. functionality with respect to Resting surveillance to ensure that users are not (‘‘EDGX’’) and Bats EDGA Exchange Inc. Orders Subject to NMS Price Sliding. intentionally seeking to create an internally (‘‘EDGA’’) have substantively identical Interpretation and Policy .01 to Rule locked book for the purpose of obtaining an order handling functionality, but neither 11.13 execution at a one-half minimum price have the Interpretation and Policy this variation.11 proposal seeks to remove. The In proposing the 2011 Proposal, there The Commission stated in its Exchange, therefore, believes that the was concern from Commission staff that approval order that it ‘‘believes that any Interpretation and Policy is unnecessary market participants may attempt to potential abuses are mitigated by the and the Exchange proposes to remove it abuse the rule solely to obtain Exchange’s addition of Interpretation from Rule 11.13. Although the Exchange executions at one-half minimum price and Policy .01 to BATS Rule 11.13 and is proposing to remove Interpretation variations. To assuage the concern, the its commitment to monitor relevant and Policy .01 from Rule 11.13, the Exchange included Interpretation and trading on its market.’’ 12 Exchange notes that all trading activity Policy .01 to Rule 11.13 to state on the Exchange, including orders explicitly that the Exchange will Proposal To Remove Interpretation and entered and handled and executions consider it inconsistent with just and Policy .01 to Rule 11.13 resulting from the order handling equitable principles of trade to engage The Exchange designed and procedures implemented by the 2011 in a pattern or practice of using Non- implemented a surveillance program to Proposal, is subject to the Exchange’s Displayed Orders or Resting Orders monitor for abuse of the order handling overall surveillance program, which Subject to NMS Price Sliding solely for procedures implemented by the 2011 monitors for potential violations of the the purpose of executing such orders at Proposal and has conducted the federal securities laws and the one-half minimum price variations from surveillance for nearly five years. The regulations thereunder as well as the locking price. The Exchange further Exchange has found over this period no Exchange Rules. explained that evidence of such evidence to suggest that market behavior may include, but is not limited 2. Statutory Basis to, a User’s pattern of entering orders at 9 See 2011 Proposal, supra note 5, at 28833. The rule change proposed in this a price that would lock or be ranked at 10 See id. submission is consistent with the the price of a displayed quotation and 11 See 2011 Approval, supra note 7 at 38713. requirements of the Act and the rules cancelling orders when they no longer 12 Id. and regulations thereunder that are

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44078 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

applicable to a national securities III. Date of Effectiveness of the rules/sro.shtml). Copies of the exchange, and, in particular, with the Proposed Rule Change and Timing for submission, all subsequent requirements of Section 6(b) of the Commission Action amendments, all written statements Act.13 Specifically, the proposed change Because the proposed rule change with respect to the proposed rule is consistent with Section 6(b)(5) of the does not (i) significantly affect the change that are filed with the Act,14 because it is designed to prevent protection of investors or the public Commission, and all written fraudulent and manipulative acts and interest; (ii) impose any significant communications relating to the practices, to promote just and equitable burden on competition; and (iii) become proposed rule change between the principles of trade, to foster cooperation operative for 30 days from the date on Commission and any person, other than and coordination with persons engaged which it was filed, or such shorter time those that may be withheld from the in facilitating transactions in securities, as the Commission may designate, it has public in accordance with the and to remove impediments to, and become effective pursuant to Section provisions of 5 U.S.C. 552, will be available for Web site viewing and perfect the mechanism of, a free and 19(b)(3)(A) of the Act 15 and Rule 19b– printing in the Commission’s Public open market and a national market 4(f)(6) thereunder.16 Reference Room, 100 F Street NE., system. The proposed change to remove At any time within 60 days of the filing of the proposed rule change, the Washington, DC 20549, on official Interpretation and Policy .01 from Rule business days between the hours of 11.13 will permit the Exchange to focus Commission summarily may temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of the its regulatory efforts on conduct that filing also will be available for more likely violates principles of just it appears to the Commission that such action is necessary or appropriate in the inspection and copying at the principal and equitable trade rather than public interest, for the protection of office of the Exchange. All comments dedicating regulatory staff and efforts on investors, or otherwise in furtherance of received will be posted without change; a topic which the Exchange has found the purposes of the Act. If the the Commission does not edit personal no evidence of its existence. Since 2011, Commission takes such action, the identifying information from the Exchange has dedicated resources to Commission shall institute proceedings submissions. You should submit only operate regulatory surveillance and to determine whether the proposed rule information that you wish to make investigate potential abuse of the change should be approved or available publicly. All submissions Exchange’s functionality and has found disapproved. should refer to File No. SR–BatsBZX– that there is no evidence of abuse of the 2016–28, and should be submitted on or relevant order handling procedures IV. Solicitation of Comments before July 27, 2016. solely for the purpose of obtaining one- Interested persons are invited to For the Commission, by the Division of half minimum price variations. The submit written data, views, and Trading and Markets, pursuant to delegated Exchange believes the proposal will arguments concerning the foregoing, authority.17 promote just and equitable principles of including whether the proposed rule Robert W. Errett, trade and will help prevent fraudulent change is consistent with the Act. Deputy Secretary. and manipulative acts by focusing Comments may be submitted by any of [FR Doc. 2016–15916 Filed 7–5–16; 8:45 am] regulatory efforts on activity that the the following methods: BILLING CODE 8011–01–P Exchange has identified as having an Electronic Comments impact on the safety and quality of its • Use the Commission’s Internet market rather than the hypothetical SECURITIES AND EXCHANGE comment form (http://www.sec.gov/ concern that Interpretation and Policy COMMISSION rules/sro.shtml); or .01 was implemented to monitor. • Send an email to rule-comments@ Sunshine Act Meeting sec.gov. Please include File No. SR– B. Self-Regulatory Organization’s Notice is hereby given, pursuant to BatsBZX–2016–28 on the subject line. Statement on Burden on Competition the provisions of the Government in the Paper Comments The Exchange does not believe that Sunshine Act, Public Law 94–409, that the Securities and Exchange the proposed rule changes will result in • Send paper comments in triplicate Commission will hold a Closed Meeting any burden on competition that is not to Secretary, Securities and Exchange Commission, 100 F Street NE., on Thursday, July 7, 2016 at 2:00 p.m. necessary or appropriate in furtherance Commissioners, Counsel to the of the purposes of the Act. The Washington, DC 20549–1090. All submissions should refer to File No. Commissioners, the Secretary to the proposed rule change simply removes Commission, and recording secretaries an interpretation and policy that the SR–BatsBZX–2016–28. This file number should be included on the subject line will attend the Closed Meeting. Certain Exchange does not believe is necessary, if email is used. To help the staff members who have an interest in as described above, and should have no Commission process and review your the matters also may be present. effect on competition. comments more efficiently, please use The General Counsel of the Commission, or her designee, has C. Self-Regulatory Organization’s only one method. The Commission will certified that, in her opinion, one or Statement on Comments on the post all comments on the Commission’s Internet Web site (http://www.sec.gov/ more of the exemptions set forth in 5 Proposed Rule Change Received From U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) Members, Participants, or Others 15 15 U.S.C. 78s(b)(3)(A). and 17 CFR 200.402(a)(3), (5), (7), 9(ii) The Exchange has neither solicited 16 17 CFR 240.19b–4(f)(6). As required under Rule and (10), permit consideration of the nor received written comments on the 19b–4(f)(6)(iii), the Exchange provided the scheduled matter at the Closed Meeting. Commission with written notice of its intent to file Chair White, as duty officer, voted to proposed rule change. the proposed rule change, along with a brief consider the items listed for the Closed description and the text of the proposed rule change, at least five business days prior to the date Meeting in closed session. 13 15 U.S.C. 78f(b). of filing of the proposed rule change, or such 14 15 U.S.C. 78f(b)(5). shorter time as designated by the Commission. 17 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44079

The subject matter of the Closed Feed (‘‘SQF’’) 4 Ports due to a loss of market participants from inadvertent Meeting will be: connectivity. exposure to excessive risk. Institution and settlement of The text of the proposed rule change By way of background, Phlx members injunctive actions; is available on the Exchange’s Web site currently enter quotes and orders Institution and settlement of at http:// utilizing either an SQF or FIX Port. SQF administrative proceedings; nasdaqomxphlx.cchwallstreet.com/, at is utilized by Phlx Market Makers and Resolution of litigation claims; and the principal office of the Exchange, and FIX is utilized by all market Other matters relating to enforcement at the Commission’s Public Reference participants. These ports are trading proceedings. Room. system components through which a member communicates its quotes and/or At times, changes in Commission II. Self-Regulatory Organization’s orders to the Phlx match engine through priorities require alterations in the Statement of the Purpose of, and the member’s Client Application. Under scheduling of meeting items. Statutory Basis for, the Proposed Rule the proposed rule change, an SQF Port For further information and to Change would be defined as the Exchange’s ascertain what, if any, matters have been In its filing with the Commission, the added, deleted or postponed, please system component through which Exchange included statements members communicate their quotes contact Brent J. Fields from the Office of concerning the purpose of and basis for the Secretary at (202) 551–5400. from the member’s Client Application at the proposed rule change and discussed proposed Rule 1019(c)(i)(B). A FIX Port Dated: June 30, 2016. any comments it received on the would be defined as the Exchange’s Brent J. Fields, proposed rule change. The text of these system component through which Secretary. statements may be examined at the members communicate their orders [FR Doc. 2016–16076 Filed 7–1–16; 11:15 am] places specified in Item IV below. The from the member’s Client Application at BILLING CODE 8011–01–P Exchange has prepared summaries, set proposed Rule 1019(c)(i)(C). Market forth in sections A, B, and C below, of Makers may submit quotes to the the most significant aspects of such Exchange from one or more SQF Ports. SECURITIES AND EXCHANGE statements. Similarly, market participants may COMMISSION A. Self-Regulatory Organization’s submit orders to the Exchange from one Statement of the Purpose of, and or more FIX Ports. The proposed [Release No. 34–78192; File No. SR–Phlx– Statutory Basis for, the Proposed Rule cancellation feature will be mandatory 2016–72] Change for each Market Maker utilizing SQF for the removal of quotes and optional for Self-Regulatory Organizations; 1. Purpose any market participant utilizing FIX for NASDAQ PHLX LLC; Notice of Filing Phlx proposes to amend Rule 1019 the removal of orders. and Immediate Effectiveness of entitled ‘‘Acceptance of Bid or Offer’’ to When the SQF Port detects the loss of Proposed Rule Change Relating to adopt a new section ‘‘c’’ entitled communication with a member’s Client Detection of Loss of Connection ‘‘Detection of Loss of Connection,’’ a Application because the Exchange’s server does not receive a Heartbeat June 29, 2016. new automated process which Phlx proposes to adopt for its SQF 5 and FIX message 7 for a certain period of time (a Pursuant to Section 19(b)(1) of the Ports in the event that they lose period of ‘‘nn’’ seconds), the Exchange Securities Exchange Act of 1934 communication with a Client will automatically logoff the member’s (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Application due to a loss of affected Client Application and notice is hereby given that on June 15, connectivity. This feature is designed to automatically cancel all of the member’s 2016, NASDAQ PHLX LLC (‘‘Phlx’’ or protect Market Makers 6 and other open quotes. Quotes will be cancelled ‘‘Exchange’’) filed with the Securities across all Client Applications that are and Exchange Commission (‘‘SEC’’ or 4 SQF permits the transmission of quotes to the associated with the same Specialist or ‘‘Commission’’) the proposed rule Exchange by a Market Maker using its Client Registered Options Trader (collectively change as described in Items I and II, Application. SQF Auction Responses would not be ‘‘Market Maker’’) ID and underlying cancelled pursuant to this Rule 1019 because other below, which Items have been prepared issues. by the Exchange. The Commission is rules govern auction specific responses. Market Sweeps would not be cancelled pursuant to this The Exchange proposes to define publishing this notice to solicit Rule 1019 because these type of orders are ‘‘Client Application’’ as the system comments on the proposed rule change Immediate or Cancel (‘‘IOC’’). component of the member through from interested persons. 5 Today, SQF has capability to cancel quotes for which the Exchange member or member technical disconnects, although there is no I. Self-Regulatory Organization’s automated process triggered by pre-set conditions. organization communicates its quotes Statement of the Terms of Substance of The rule change would adopt a formalized process and orders to the Exchange at proposed the Proposed Rule Change to automatically cancel quotes when there is a loss Rule 1019(c)(i)(D). The Exchange of communication with the member’s Client proposes to define a ‘‘Heartbeat’’ Application. The Exchange proposes to amend message as a communication which acts Phlx Rule 1019, entitled ‘‘Acceptance of 6 Phlx Market Makers include Specialists and Registered Options Traders or ‘‘ROTs.’’ A Specialist as a virtual pulse between the SQF or Bid or Offer’’ to adopt functionality is an Exchange member who is registered as an FIX Port and the Client Application at which is designed to assist Phlx options specialist. See Phlx Rule 1020(a). An ROT proposed Rule 1019(c)(i)(A). The members and member organizations is defined in Exchange Rule 1014(b) as a regular Heartbeat message sent by the member (hereinafter ‘‘member(s)’’) in the event member or a foreign currency options participant of the Exchange located on the trading floor who has and subsequently received by the that they lose communication with their received permission from the Exchange to trade in Exchange allows the SQF or FIX Port to assigned Financial Information options for his own account. See Exchange Rule continually monitor its connection with eXchange (‘‘FIX’’) 3 or Specialized Quote 1014 (b)(i) and (ii). A ROT includes a Streaming Quote Trader or ‘‘SQT,’’ a Remote Streaming Quote the member. Trader or ‘‘RSQT’’ and a Non-SQT, which by 1 15 U.S.C. 78s(b)(1). definition is neither a SQT nor a RSQT. For 7 It is important to note that the Exchange 2 17 CFR 240.19b–4. purposes of this filing, Specialists and ROTs shall separately sends a connectivity message to the 3 FIX permits the entry of orders. be defined broadly as ‘‘Market Makers.’’ member as evidence of connectivity.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44080 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

SQF Ports milliseconds and 99,999 milliseconds Makers entered into SQF Ports or orders The Exchange’s system has a default [sic]. of the same or other members entered time period, which will trigger a There are two ways to change the into the FIX Ports via a separate and disconnect from the Exchange and number of ‘‘nn’’ seconds: (1) distinct Client Application. In other remove quotes, set to fifteen (15) Systemically or (2) by contacting the words, with respect to quotes, each seconds for SQF Ports. A member may Exchange’s operations staff. If the Market Maker only maintains one quote change the default period of ‘‘nn’’ member systemically changes the in a given option in the order book. A seconds of no technical connectivity to default number of ‘‘nn’’ seconds, that new quote would replace the existing trigger a disconnect from the Exchange new setting shall be in effect throughout quote. Orders on the other hand do not and remove quotes to a number between that session of connectivity and will replace each other in the order book as one hundred (100) milliseconds and then default back to thirty seconds at multiple orders may exist in a given 99,999 milliseconds for SQF Ports prior the end of that session. The member option at once. Therefore the difference to each session of connectivity to the may change the default setting in the impact as between Market Makers Exchange. This feature is enabled for systemically prior to each session of submitting quotes and members each Market Maker and may not be connectivity. The member may also submitting orders is that quotes may disabled. communicate the time to the Exchange continue to be submitted and/or There are two ways to change the by calling the Exchange’s operations refreshed by unaffected Market Makers number of ‘‘nn’’ seconds: (1) staff. If the time period is communicated because these market participants are Systemically or (2) by contacting the to the Exchange by calling Exchange cancelled based on ID when an SQF Exchange’s operations staff. If the operations, the number of ‘‘nn’’ seconds Port disconnects, whereas all of the member systemically changes the selected by the member shall persist for open orders submitted by a given firm default number of ‘‘nn’’ seconds, that each subsequent session of connectivity will be impacted when a FIX port new setting shall be in effect throughout until the member either contacts disconnects, if the firm elected to have the current session of connectivity 8 and Exchange operations and changes the orders cancelled. will then default back to fifteen setting or the member systemically 2. Statutory Basis seconds.9 The member may change the selects another time period prior to the default setting systemically prior to each next session of connectivity. The Exchange believes that its session of connectivity. The member Similar to SQF Ports, when a FIX Port proposal is consistent with Section 6(b) may also communicate the time to the detects the loss of communication with of the Act 10 in general, and furthers the Exchange by calling the Exchange’s a member’s Client Application for a objectives of Section 6(b)(5) of the Act 11 operations staff. If the time period is certain time period (a period of ‘‘nn’’ in particular, in that it is designed to communicated to the Exchange by seconds), the Exchange will promote just and equitable principles of calling Exchange operations, the automatically logoff the member’s trade, to remove impediments to and number of ‘‘nn’’ seconds selected by the affected Client Application and if perfect the mechanism of a free and member shall persist for each elected, automatically cancel all open open market and a national market subsequent session of connectivity until orders. The member may have an order system, and, in general to protect which has routed away prior to the the member either contacts Exchange investors and the public interest, by cancellation, in the event that the order operations and changes the setting or imposing this mandatory removal returns to the Order Book, because it the member systemically selects another functionality on Market Makers to was either not filled or partially filled, time period prior to the next session of prevent disruption in the marketplace that order will be subsequently connectivity. and also offering this removal feature to cancelled. other market participants. FIX Ports The disconnect feature is mandatory Market Makers will be required to for FIX users however the user has the The Exchange’s system has a default utilize this removal functionality with time period, which will trigger a ability to elect to also enable a removal feature, which will cancel all open respect to SQF Ports. This feature will disconnect from the Exchange and remove impediments to and perfect the remove orders, set to thirty (30) seconds orders submitted through that FIX Port. If the removal of orders feature is not mechanism of a free and open market for FIX Ports. The Phlx member may and a national market system and disable the removal of orders feature but enabled, the system will simply disconnect the FIX user and not cancel protect investors and the public interest not the disconnect feature. If the Phlx any orders. The FIX user would have to by requiring Market Makers quotes to be member elects to have its orders commence a new session to add, modify removed in the event of a loss of removed, in addition to the disconnect, or cancel its orders once disconnected. connectivity with the Exchange’s the Phlx member may determine a time The Exchange will issue an Options system. Market Makers provide liquidity period of no technical connectivity to Trader Alert advising members on the to the market place and have obligations trigger the disconnect and removal of 12 manner in which they should unlike other market participants. This orders between one hundred (100) communicate the number of ‘‘nn’’ risk feature is important because it will seconds to the Exchange for SQF and enable Market Makers to avoid risks 8 Each time the member connects to the associated with inadvertent executions Exchange’s system is a new period of connectivity. FIX Ports. For example, if the member were to connect and The trigger for the SQF and FIX Ports in the event of a loss of connectivity then disconnect within a trading day several times, is event and Client Application specific. with the Exchange. The proposed rule each time the member disconnected the next The automatic cancellation of the change is designed to not permit unfair session would be a new session of connectivity. Market Maker’s quotes for SQF Ports discrimination among market 9 The Exchange’s system would capture the new participants, as it would apply setting information that was changed by the and open orders, if elected by the member and utilize the amended setting for that member for FIX Ports, entered into the 10 particular session. The setting would not persist respective SQF or FIX Ports via a 15 U.S.C. 78f(b). beyond the current session of connectivity and the 11 15 U.S.C. 78f(b)(5). setting would default back to 15 seconds for the particular Client Application will 12 See Rule 1014 titled ‘‘Obligations and next session if the member did not change the neither impact nor determine the Restrictions Applicable to Specialists and setting again. treatment of the quotes of other Market Registered Options Traders.’’

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44081

uniformly to all Market Makers utilizing instruction to the Exchange to act upon relieved of the obligation to provide SQF. the loss of connection and remove continuous two-sided quotes on a daily The disconnect feature of FIX is quotes from the system. This range will basis, nor will it prohibit the Exchange mandatory, however market participants accommodate members in selecting from taking disciplinary action against a will have the option to either enable or their appropriate times within the Market Maker for failing to meet the disable the cancellation feature, which prescribed timeframes. continuous quoting obligation each would result in the cancellation of all Also, Market Makers have quoting trading day as a result of disconnects. orders submitted over a FIX port when obligations 13 and are more sensitive to Today, BOX Options Exchange LLC such port disconnects. It is appropriate price movements as compared to other offers its market makers a similar feature to offer this removal feature as optional market participants. It is consistent with to the one proposed by the Exchange for to all market participants utilizing FIX, the Act to provide a wider timeframe the automatic removal of quotes when because unlike Market Makers who are within which to customize settings for connectivity issues arise.16 BOX required to provide quotes in all FIX Ports as compared to SQF Ports. automatically cancels a market maker’s products in which they are registered, Market Makers need to remain vigilant quotes for all appointed classes when market participants utilizing FIX do not of market conditions and react more BOX loses communication with a bear the same magnitude of risk of quickly to market movements as market maker’s trading host for a potential erroneous or unintended compared to other members entering specified time period. Phlx also executions. In addition, market orders into the system. The proposal proposes to similarly cancel Market participants utilizing FIX may desire acknowledges this sensitivity borne by Maker open quotes associated with the their orders to remain on the order book Market Makers and reflects the reaction same Market Maker ID and underlyings. despite a technical disconnect, so as not time of Market Makers as compared to Phlx proposes to cancel all Market to miss any opportunities for execution members entering orders. Of note, the Maker’s quotes in options which are of such orders while the FIX session is proposed customized timeframe for FIX assigned to that particular Market disconnected. would be too long for Market Makers Maker. BOX appears to similarly cancel Utilizing a time period for SQF Ports given their quoting requirements and all open quotes in options which are of fifteen (15) seconds and permitting sensitivity to price movements. Market assigned to a specific Market Maker. the Market Maker to modify the setting Makers would be severely impacted by BOX’s timeframe is no less than 1 to between 100 milliseconds and 99,999 a loss of connectivity of more than second or no greater than 9 seconds. milliseconds is consistent with the Act several seconds. The Market Maker Phlx proposes a default timeframe for because the Exchange does not desire to would have exposure during the time SQF Ports of fifteen (15) seconds with trigger unwarranted logoffs of members period in which they are unable to the ability to modify this setting with a and therefore allows members the manage their quote and update that value between 100 milliseconds and ability to set their time in order to quote. The member is best positioned to 99,999 milliseconds. The proposal to enable the Exchange the authority to determine their setting. permit Market Makers to amend the disconnect the member with this The Exchange’s proposal is further default setting at the beginning of each feature. Each Market Maker has different consistent with the Act because it will session of connectivity is consistent levels of sensitivity with respect to this mitigate the risk of potential erroneous with the Act because it avoids disconnect setting and each Market or unintended executions associated unwarranted logoffs of members and Maker has their own system safeguards with a loss in communication with a provides members the opportunity to set as well. A default setting of fifteen (15) Client Application which protects a time, within the prescribed timeframe, seconds is appropriate to capture the investors and the public interest. Also, to authorize the Exchange to disconnect needs of all Market Makers and high any interest that is executable against a the member. enough not to trigger unwarranted Another distinction to note is that Market Maker’s quotes that is received 14 removal of quotes. while BOX sets the time for the by the Exchange prior to the trigger of Further, Market Makers are able to participant, Phlx permits members to the disconnect to the Client customize their setting. The Exchange’s modify the default setting for SQF Ports Application, which is processed by the proposal to permit a timeframe for SQF to a more appropriate time within a set system, automatically executes at the Ports between 100 milliseconds and of parameters. While BOX does not offer price up to the Market Maker’s size. In 99,999 milliseconds is consistent with the cancellations of orders, Chicago other words, the system will process the the Act and the protection of investors Board Options Exchange, Incorporated’s request for cancellation in the order it because the purpose of this feature is to (‘‘CBOE’’) does offer its members a was received by the system. mitigate the risk of potential erroneous similar mechanism to cancel orders. The system operates consistently with or unintended executions associated CBOE’s proposal is discussed further the firm quote obligations of a broker- with a loss in communication with a below. Client Application. Members are able to dealer pursuant to Rule 602 of With respect to FIX Ports, the better anticipate the appropriate time Regulation NMS. Specifically, with Exchange will offer this optional within which they may require prior to respect to Market Makers, their removal functionality to all market a logoff as compared to the Exchange. obligation to provide continuous two- participants. Offering the removal The member is being offered a sided quotes on a daily basis is not feature on a voluntary basis to all other timeframe by the Exchange within diminished by the removal of such non-Market Maker market participants which to select the appropriate time. quotes triggered by the disconnect. is consistent with the Act because it The Exchange does not desire to trigger Market Makers are required to provide permits them an opportunity to utilize unwarranted logoffs of members and continuous two-sided quotes on a daily 15 this risk feature, if desired, and avoid therefore permits members to provide basis. Market Makers will not be risks associated with inadvertent an alternative time to the Exchange, executions in the event of a loss of 13 within the Exchange’s prescribed Id. connectivity with the Exchange. The 14 The time of receipt for an order or quote is the timeframe, which authorized the time such message is processed by the Exchange removal feature is designed to mitigate Exchange to disconnect the member. book. The ‘‘nn’’ seconds serve as the member’s 15 See note 12 above. 16 See BOX Rule 8140.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44082 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

the risk of missed and/or unintended positioned to determine that they only undue burden on intra-market executions associated with a loss in desire the disconnect feature, which is competition because Market Makers, communication with a Client mandatory, and do not desire to have unlike other market participants, have Application. The proposed rule change their orders removed. greater risks in the market place. is designed to not permit unfair The Exchange’s proposal to offer other Quoting across many series in an option discrimination among market market participants the removal feature creates large principal positions that participants, as this removal feature will on a voluntary basis is similar to CBOE’s expose Market Makers, who are required be offered uniformly to all Phlx Rule.18 CBOE offers market participants, to continuously quote in assigned members utilizing FIX. on a voluntary basis, the ability to options, to potentially significant The Exchange will disconnect cancel orders entered through FIX when market risk. Providing a broader members from the Exchange and not a technical disconnect occurs, similar to timeframe for the disconnect and cancel its orders if the removal feature the Phlx proposal. CBOE’s Rule offers removal of orders for FIX as compared is disabled. The disconnect feature is members the opportunity to cancel to the removal of quotes for SQF Ports mandatory and will cause the member orders within a timeframe determined does not create an undue burden on to be disconnected within the default by the Trading Permit Holder. The competition. Market Makers have timeframe or the timeframe otherwise default value selected by the CBOE is no quoting obligations 19 and are more specified by the member. This feature is less than 5 seconds. The Exchange’s sensitive to price movements as consistent with the Act because it default timeframe for the disconnect compared to other market participants. enables FIX users the ability to and removal of orders for FIX is 30 The proposal is consistent with the Act disconnect from the Exchange, assess seconds with the ability to modify that because it provides a tighter timeframe the situation and make a determination timeframe to between 1 second and 30 for the disconnect and removal of concerning their risk exposure. The seconds, on a session by session basis, quotes for SQF Ports as compared to the Exchange notes that in the event that in contrast to CBOE. Also, in contrast to removal of orders for FIX Ports. Market orders need to be removed, the Phlx CBOE, FIX users may choose to enable Makers need to remain vigilant of market participant may elect to utilize or disable the cancellation feature when market conditions and react more 17 the Kill Switch feature. The Exchange a disconnect occurs. The proposed quickly to market movements as believes that it is consistent with the timeframe for the FIX feature is compared to other members entering Act to require other market participants consistent with the Act because the multiple orders into the system. The to be disconnected because the Exchange seeks to provide its members proposal reflects this sensitivity borne participant is otherwise not connected with the ability to select the amount of by Market Makers and reflects the to the Exchange’s system and the time that they desire for a loss of reaction time of Market Makers as member simply needs to reconnect to communication prior to taking action to compared to other members entering commence submitting and cancelling cancel open orders or simply orders. Offering the removal feature to orders. The Exchange believes requiring disconnect. The member should have other market participants on an optional a disconnect when a loss of the ability to select the appropriate time, basis does not create an undue burden communication is detected is a rational within a prescribed timeframe, for on intra-market competition because course of action for the Exchange to authorizing the Exchange to cancel its unlike Market Makers, other market alert the member of the technical open orders or simply disconnect from participants do not bear the same risks connectivity issue. the Exchange. Inadvertent cancellations of potential erroneous or unintended The Exchange’s proposal to set a may create a greater risk of harm to executions. FIX users have the default timeframe of thirty (30) seconds investors and the member is better opportunity to disable the cancellation and permit a FIX user to modify the positioned to determine the appropriate feature and simply disconnect from the timeframe for FIX ports to between 1 time, with the prescribed timeframe, to Exchange. FIX users may also set a second and 30 seconds for the removal remove orders or disconnect. CBOE’s timeframe that is appropriate for their of orders is consistent with the Act and rule also offers members the ability to business. It is appropriate to offer this the protection of investors because the cancel orders as proposed by Phlx, on optional cancellation functionality to purpose of this optional feature is to a voluntary basis. other market participants for open mitigate the risk of potential erroneous The proposed rule change will help orders, because those orders are subject or unintended executions associated maintain a fair and orderly market to risks of missed and/or unintended with a loss in communication with a which promotes efficiency and protects executions due to a lack of connectivity Client Application. Members selecting investors. This mandatory removal which the participants needs to weigh. the removal feature are able to better feature for Market Makers and optional Finally, the Exchange does not believe anticipate the appropriate time that they removal for all other market participants that such change will impose any require prior to a logoff as compared to will mitigate the risk of potential burden on inter-market competition that the Exchange, within the Exchange’s erroneous or unintended executions is not necessary or appropriate in prescribed timeframes. The Exchange associated with a loss in communication furtherance of the purposes of the Act. does not desire to trigger unwarranted with a Client Application. logoffs of members and therefore Other options exchanges offer similar permits members to provide a time to B. Self-Regulatory Organization’s functionality.20 Statement on Burden on Competition the Exchange, within the Exchange’s C. Self-Regulatory Organization’s prescribed timeframe, to authorize the The Exchange does not believe that Statement on Comments on the Exchange to disconnect the member and the proposed rule change will impose Proposed Rule Change Received From remove orders. The ‘‘nn’’ seconds serve any burden on competition not Members, Participants, or Others as the member’s instruction to the necessary or appropriate in furtherance Exchange to act upon the loss of of the purposes of the Act. Specifically, No written comments were either connection and remove orders from the the Exchange does not believe the solicited or received. system. The member is also best proposed rule change will cause an 19 See note 12 above. 17 See Phlx Rule 1019(b). 18 See CBOE Rule 6.23C. 20 See BOX’s Rule 8140 and CBOE’s Rule 6.23C.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44083

III. Date of Effectiveness of the whether the proposed rule should be For the Commission, by the Division of Proposed Rule Change and Timing for approved or disapproved. Trading and Markets, pursuant to delegated Commission Action authority.26 IV. Solicitation of Comments Robert W. Errett, Because the foregoing proposed rule Deputy Secretary. change does not: (i) Significantly affect Interested persons are invited to the protection of investors or the public submit written data, views, and [FR Doc. 2016–15915 Filed 7–5–16; 8:45 am] interest; (ii) impose any significant arguments concerning the foregoing, BILLING CODE 8011–01–P burden on competition; and (iii) become including whether the proposed rule operative for 30 days from the date on change is consistent with the Act. SECURITIES AND EXCHANGE which it was filed, or such shorter time Comments may be submitted by any of COMMISSION as the Commission may designate, the the following methods: proposed rule change has become Sunshine Act Meeting effective pursuant to Section 19(b)(3)(A) Electronic Comments of the Act 21 and Rule 19b–4(f)(6) Notice is hereby given, pursuant to • thereunder.22 Use the Commission’s Internet the provisions of the Government in the A proposed rule change filed under comment form (http://www.sec.gov/ Sunshine Act, Public Law 94–409, that Rule 19b–4(f)(6) normally does not rules/sro.shtml); or the Securities and Exchange become operative for 30 days from the • Send an email to rule-comments@ Commission Equity Market Structure date of filing. However, Rule 19b– sec.gov. Please include File Number SR– Advisory Committee will hold a 4(f)(6)(iii) 23 permits the Commission to Phlx–2016–72 on the subject line. telephonic meeting on Friday, July 8, designate a shorter time if such action 2016. The meeting will begin at 2:00 is consistent with the protection of Paper Comments p.m. (ET) and will be open to the public investors and the public interest. The • via webcast on the Commission’s Web Exchange has asked the Commission to Send paper comments in triplicate site at www.sec.gov. waive the 30-day operative delay so that to Secretary, Securities and Exchange On June 10, 2016, the Commission it may immediately offer the proposed Commission, 100 F Street NE., published notice of the Committee risk protection feature. The Commission Washington, DC 20549–1090. meeting (Release No. 34–78040), believes that waiving the 30-day All submissions should refer to File indicating that the meeting is open to operative delay is consistent with the Number SR–Phlx–2016–72. This file the public and inviting the public to protection of investors and the public number should be included on the submit written comments to the interest. The Exchange proposes to subject line if email is used. To help the Committee. This Sunshine Act notice is adopt a functionality designed to assist being issued because a majority of the Commission process and review your Phlx members with managing certain Commission may attend the meeting. risks in the event that a member loses comments more efficiently, please use The agenda for the meeting includes communication with their FIX or SQF only one method. The Commission will presentations by the Regulation NMS Ports due to a loss of connectivity. The post all comments on the Commission’s and Trading Venues Regulation Commission notes that two other Internet Web site (http://www.sec.gov/ subcommittees and consideration of a options exchanges currently have rules/sro.shtml). Copies of the recommendation for an access fee pilot similar risk protection functionalities submission, all subsequent and recommendations related to trading for their members.24 Therefore, the amendments, all written statements venues regulation. Commission hereby waives the 30-day with respect to the proposed rule For further information, please operative delay and designates the change that are filed with the contact Brent J. Fields from the Office of proposal effective upon filing.25 At any Commission, and all written the Secretary at (202) 551–5400. time within 60 days of the filing of the communications relating to the Dated: June 30, 2016. proposed rule change, the Commission proposed rule change between the Brent J. Fields, summarily may temporarily suspend Commission and any person, other than Secretary. such rule change if it appears to the those that may be withheld from the Commission that such action is [FR Doc. 2016–16075 Filed 7–1–16; 11:15 am] public in accordance with the BILLING CODE 8011–01–P necessary or appropriate in the public provisions of 5 U.S.C. 552, will be interest, for the protection of investors, available for Web site viewing and or otherwise in furtherance of the printing in the Commission’s Public DEPARTMENT OF STATE purposes of the Act. If the Commission Reference Room, 100 F Street NE., takes such action, the Commission shall Washington, DC 20549, on official [Public Notice: 9628] institute proceedings to determine business days between the hours of Advisory Committee for the Study of 10:00 a.m. and 3:00 p.m. Copies of the 21 15 U.S.C. 78s(b)(3)(A). Eastern Europe and the Independent 22 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– filing also will be available for States of the Former Soviet Union 4(f)(6) requires a self-regulatory organization to give inspection and copying at the principal (Title VIII) the Commission written notice of its intention to office of the Exchange. All comments file the proposed rule change at least five business received will be posted without change; The Advisory Committee for the days prior to the date of filing of the proposed rule Study of Eastern Europe and the change, or such shorter time as designated by the the Commission does not edit personal Commission. The Exchange has satisfied this identifying information from Independent States of the Former Soviet requirement. submissions. You should submit only Union (Title VIII) will convene on 23 17 CFR 240.19b–4(f)(6)(iii). information that you wish to make Monday, August 1, 2016, from 12:00 24 See BOX Rule 8140 and CBOE Rule 6.23C. p.m. until approximately 3:00 p.m. The 25 available publicly. All submissions For purposes only of waiving the 30-day meeting will take place at the U.S. operative delay, the Commission has also should refer to File Number SR–Phlx– Department of State, Harry S. Truman considered the proposed rule’s impact on 2016–72 and should be submitted on or efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). before July 27, 2016. 26 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44084 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Building, 2201 C Street NW., Dated: June 27, 2016. Ammon, in Bingham & Bonneville Washington, DC, Room 1205. Nancy Cohen, Counties, Idaho, 360 I.C.C. 91 (1979). To The Advisory Committee will (Acting) Executive Director, Advisory address whether this condition recommend grant recipients for the FY Committee for Study of Eastern Europe and adequately protects affected employees, Eurasia (the Independent States of the Former 2015 competition of the Program for the a petition for partial revocation under Soviet Union). 49 U.S.C. 10502(d) must be filed. Study of Eastern Europe and the [FR Doc. 2016–15979 Filed 7–5–16; 8:45 am] Provided no formal expression of Independent States of the Former Soviet BILLING CODE 4710–32–P intent to file an offer of financial Union, in accordance with the Research assistance (OFA) to subsidize continued and Training for Eastern Europe and the rail service has been received, this Independent States of the Former Soviet SURFACE TRANSPORTATION BOARD exemption will become effective on Union Act of 1983, Public Law 98–164, August 5, 2016, unless stayed pending as amended. The agenda will include [Docket No. AB 55 (Sub-No. 762X)] reconsideration. Petitions to stay that do opening statements by the chairperson CSX Transportation, Inc.— not involve environmental issues and and members of the committee. The formal expressions of intent to file an committee will provide an overview and Discontinuance of Service Exemption—in Boone County, WV OFA to subsidize continued rail service discussion of grant proposals from under 49 CFR 1152.27(c)(2) 2 must be ‘‘national organizations with an interest CSX Transportation, Inc. (CSXT), filed filed by July 18, 2016.3 Petitions to and expertise in conducting research a verified notice of exemption 1 under reopen must be filed by July 26, 2016, and training concerning the countries of 49 CFR part 1152 subpart F—Exempt with the Surface Transportation Board, Eastern Europe and the Independent Abandonments and Discontinuances of 395 E Street SW., Washington, DC States of the Former Soviet Union,’’ Service to discontinue service over an 20423–0001. based on the guidelines set forth in the approximately 9.0-mile rail line on its A copy of any petition filed with the June 3, 2016 request for proposals Southern Region, Huntington Division, Board should be sent to CSXT’s published on Grants.gov and Laurel Fork Subdivision, Engineering representative: Louis E. Gitomer, Law GrantSolutions.gov. Following C&O Division, from CSXT’s main line Offices of Louis E. Gitomer, LLC, 600 committee deliberation, interested between milepost CLH 0.0 to the end of Baltimore Avenue, Suite 301, Towson, members of the public may make oral the line at milepost CLH 9.0 near MD 21204. statements concerning the Title VIII Clothier, in Boone County, W. Va. (the If the verified notice contains false or misleading information, the exemption program. Line). The Line traverses U.S. Postal Service Zip Codes 25114, 25021, and is void ab initio. This meeting will be open to the 25047, and includes the station of Board decisions and notices are public; however, attendance is limited Ashely Kay at milepost CLH 7.3 (FSAC available on our Web site at to available seating. Entry into the Harry 81993/OPSL 65155.01), which CSXT ‘‘WWW.STB.DOT.GOV.’’ S Truman building is controlled and states can be closed. Decided: June 30, 2016. must be arranged in advance of the CSXT has certified that: (1) No freight By the Board, Rachel D. Campbell, meeting. Those planning to attend traffic has moved over the Line for at Director, Office of Proceedings. should notify the Title VIII Program least two years; (2) because the Line is Kenyatta Clay, Office at the U.S. Department of State on not a through line, no overhead traffic Clearance Clerk. (202) 647–4562 no later than close of has operated or needs to be rerouted; (3) [FR Doc. 2016–15939 Filed 7–5–16; 8:45 am] business, Wednesday, July 27, 2016. no formal complaint filed by a user of BILLING CODE 4915–01–P For pre-clearance into the Harry S. rail service on the Line (or by a state or Truman building, the Title VIII Program local government entity acting on behalf Officer will request identifying data of such user) regarding cessation of service over the Line is pending either DEPARTMENT OF TRANSPORTATION pursuant to Public Law 99–399 with the Surface Transportation Board (Omnibus Diplomatic Security and Federal Aviation Administration or any U.S. District Court or has been Antiterrorism Act of 1986), as amended; decided in favor of a complainant Twenty-Eighth Meeting Special Public Law 107–56 (USA PATRIOT within the two-year period; and (4) the Act); and Executive Order 13356. The Committee 216 Aeronautical Systems requirements at 49 CFR 1105.12 Security purpose of the collection is to validate (newspaper publication) and 49 CFR the identity of individuals who enter 1152.50(d)(1) (notice to governmental AGENCY: Federal Aviation Department facilities. The data will be agencies) have been met. Administration (FAA), U.S. Department entered into the Visitor Access Control As a condition to this exemption, any of Transportation (DOT). System (VACS–D) database. Please employee adversely affected by the ACTION: Notice of Twenty-Eighth review the Security Records System of discontinuance of service shall be Meeting Special Committee 216 Records Notice (State-36) at http:// protected under Oregon Short Line Aeronautical Systems Security. foia.state.gov/_docs/SORN/State-36.pdf Railroad—Abandonment Portion for additional information. Goshen Branch Between Firth & SUMMARY: The FAA is issuing this notice to advise the public of a meeting of All attendees must use the 2201 C 1 CSXT initially filed the notice of exemption on Street entrance and must arrive no later May 20, 2016. By letter filed June 7, 2016, CSXT 2 Each OFA must be accompanied by the filing than 11:30 a.m. to pass through security notified the Board that it had omitted a Zip Code fee, which is currently set at $1,600. See 49 CFR before entering the building. Visitors from its notice and requested that the proceeding 1002.2(f)(25). who arrive without prior notification be held in abeyance. The Board granted CSXT’s 3 Because CSXT is seeking to discontinue service, request to allow it to submit supplemental not to abandon the line, trail use/rail banking and and without photo identification cannot information, and on June 16, 2016, CSXT submitted public use conditions are not appropriate. Because be admitted. amendments to the notice. Therefore, June 16, 2016 there will be environmental review during is considered the filing date and the basis for all abandonment, this discontinuance does not require dates in this notice. an environmental review.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44085

Twenty-Eighth Meeting Special DEPARTMENT OF TRANSPORTATION Thursday, August 10, 2016—9:00 a.m.– Committee 216 Aeronautical Systems 4:00 p.m. Federal Aviation Administration Security. 1. Continuation of Plenary or Working DATES: The meeting will be held July 18, First Meeting Special Committee 236 Group Session 2016 from 9:00 a.m. to 5:00 p.m. Standards for Wireless Avionics Intra- Attendance is open to the interested Communication System (WAIC) Within public but limited to space availability. ADDRESSES: The meeting will be held at 4200–4400 MHz With the approval of the chairman, The Boeing Company, 1301 SW 16th members of the public may present oral Street, Building 25–01, Room 22L18, AGENCY: Federal Aviation statements at the meeting. Persons Renton, WA 98057. Administration (FAA), U.S. Department wishing to present statements or obtain of Transportation (DOT). FOR FURTHER INFORMATION CONTACT: information should contact the person Karan Hofmann, [email protected], ACTION: Notice of First Meeting Special listed in the FOR FURTHER INFORMATION (202) 330–0680 or The RTCA Committee 236, Standards for Wireless CONTACT section. Members of the public may present a written statement to the Secretariat, 1150 18th Street NW., Suite Avionics Intra-Communication System committee at any time. 910, Washington, DC 20036, or by (WAIC) within 4200–4400 MHz. Issued in Washington, DC, on June 29, telephone at (202) 833–9339, fax at (202) SUMMARY: The FAA is issuing this notice 833–9434, or Web site at http:// 2016. to advise the public of a meeting of First Mohannad Dawoud, www.rtca.org. Meeting Special Committee 236, Management & Program Analyst, Partnership Standards for Wireless Avionics Intra- SUPPLEMENTARY INFORMATION: Pursuant Contracts Branch, ANG–A17, NexGen, Communication System (WAIC) within to section 10(a)(2) of the Federal Procurement Services Division, Federal 4200–4400 MHz. Advisory Committee Act (Pub. L. 92– Aviation Administration. 463, 5 U.S.C., App.), notice is hereby DATES: The meeting will be held August [FR Doc. 2016–15998 Filed 7–5–16; 8:45 am] given for a meeting of Twenty-Eighth 9–10, 2016 from 9:00 a.m. to 5:00 p.m. BILLING CODE 4910–13–P Meeting Special Committee 216 ADDRESSES: The meeting will be held at Aeronautical Systems Security. The RTCA, Inc., 1150 18th Street NW., Suite DEPARTMENT OF TRANSPORTATION agenda will include the following: 450, Washington, DC 20036. Monday, July 18, 2016—9:00 a.m.–5:00 FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration p.m. Rebecca Morrison, (202) 330–0654 or The RTCA Secretariat, 1150 18th Street Public Notice for Waiver of 1. Welcome and Administrative NW., Suite 910, Washington, DC, 20036, Aeronautical Land-Use Assurance or by telephone at (202) 833–9339, fax Remarks AGENCY: Federal Aviation at (202) 833–9434, or Web site at http:// 2. Introductions Administration, DOT. www.rtca.org. 3. Agenda Review ACTION: Notice of intent of waiver with SUPPLEMENTARY INFORMATION: Pursuant 4. Meeting-Minutes Review respect to land; Rantoul National to section 10(a)(2) of the Federal Aviation Center-Frank Elliott Field, 5. WG–72 Update Advisory Committee Act (Pub. L. 92– Rantoul, Illinois. 463, 5 U.S.C., App.), notice is hereby 6. Schedule Update given for a meeting of First Meeting SUMMARY: The Federal Aviation 7. Date, Place and Time of Next Meeting Special Committee 236, Standards for Administration (FAA) is considering a 8. New Business Wireless Avionics Intra-Communication proposal to change a portion of airport 9. Adjourn Plenary System (WAIC) within 4200–4400 MHz. land from aeronautical use to non- The agenda will include the following: aeronautical use at the Rantoul National Notice: Those who plan to attend in Tuesday August 9, 2016—9:00 a.m.– Aviation Center-Frank Elliott Field, person need to provide the following 5:00 p.m. Illinois. The proposal consists of a total information to Janice Clark at of 6.892 acres. This notice announces [email protected] no later 1. Welcome that the FAA is considering the release than Friday, July 8th: 2. Administrative Remarks of the subject airport property at Rantoul National Aviation Center-Frank Name 3. Introductions 4. Agenda Review Elliott Field, from all federal land Country of citizenship 5. RTCA Overview Presentation covenants. Approval does not constitute Company a. Background on RTCA, MOPS, and a commitment by the FAA to financially E-mail address Process assist in disposal of the subject airport property nor a determination that all Issued in Washington, DC, on June 29, 6. SC–236 Scope and Terms of Reference review measures covered by the program are 2016. eligible for grant-in-aid funding from the 7. Background Presentation on WAIC Mohannad Dawoud, FAA. 8. Background Presentation on WG–96 Management & Program Analyst, Partnership In accordance with section 47107(h) status and work Contracts Branch, ANG–A17, NexGen, of Title 49, United States Code, this Procurement Services Division, Federal 9. SC–236 Structure and Organization of notice is required to be published in the Aviation Administration. Work Federal Register 30 days before [FR Doc. 2016–15996 Filed 7–5–16; 8:45 am] 10. Proposed Schedule modifying the land-use assurance that BILLING CODE 4910–13–P 11. RTCA workspace presentation requires the property to be used for an 12. Other Business aeronautical purpose. 13. Date and Place of Next Meeting DATES: Comments must be received on 14. Adjourn or before August 5, 2016.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44086 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

ADDRESSES: Documents are available for 960.05 feet; thence South 44 degrees 16 DEPARTMENT OF TRANSPORTATION review by prior appointment at the FAA minutes 19 seconds West, 396.02 feet to Airports District Office, Gary D. Wilson, the Northerly line of Pacesetter Drive; Federal Aviation Administration Program Manager, Federal Aviation thence North 45 degrees 33 minutes 46 Nineteenth SC–223 Plenary Meeting Administration, Chicago Airports seconds West along said Northerly line Calling Notice, Internet Protocol Suit District Office, 2300 East Devon of Pacesetter Drive, 832.74 feet to said (IPS) and AeroMACS Avenue, Des Plaines, IL, 60018. East line of Eagle Drive; thence North 00 Telephone Number 847–294–7631/FAX: degrees 33 minutes 08 seconds West AGENCY: Federal Aviation Number 847–294–7046 and Rantoul along said East line of Eagle Drive, Administration (FAA), U.S. Department National Aviation Center-Frank Elliott 384.62 feet to said True Point of of Transportation (DOT). Field, 333 South Tanner Street, Rantoul, Beginning, encompassing 4.5 acres more ACTION: Notice of Nineteenth SC–223 Illinois 61866, and (217) 892–6895/Fax: or less. Plenary Meeting Calling Notice, Internet (217) 892–5501. Protocol Suit (IPS) and AeroMACS. Written comments on the Sponsor’s Parcel O2 request must be delivered or mailed to SUMMARY: The FAA is issuing this notice Mr. Gary D. Wilson, Program Manager, A tract of land being part of Section to advise the public of a meeting of Federal Aviation Administration, 2, Township 21 North, Range 9 East of Nineteenth SC–223 Plenary Meeting Chicago Airports District Office, 2300 the Third Principal Meridian, Calling Notice, Internet Protocol Suit East Devon Avenue, Des Plaines, Illinois Champaign County, Illinois, described (IPS) and AeroMACS. 60018. Telephone: (847) 294–7631/Fax: as follows, with bearing on Illinois State DATES: The meeting will be held August (847) 294–7046. Plane Coordinate System—East Zone: 17–19, 2016 from 9:00 a.m. to 5:00 p.m. FOR FURTHER INFORMATION CONTACT: Mr. Commencing at the Northeast Corner Wednesday–Thursday, 9:00 a.m. to 12 Gary D. Wilson, Program Manager, of ‘‘Amerinvest Rantoul’’, recorded as p.m. Friday. Federal Aviation Administration, Document 99R07994 in the Champaign ADDRESSES: The meeting will be held at Chicago Airports District Office, 2300 E. County Recorder’s Office, proceed North RTCA, Inc., 1150 18th Street NW., Suite Devon Avenue, Des Plaines, Illinois 89 degrees 26 minutes 40 seconds East, 910, Washington, DC 20036. 60018. Telephone: (847) 294–7631/Fax: 50.00 feet, thence North 85 degrees 10 FOR FURTHER INFORMATION CONTACT: (847) 294–7046. minutes 51 seconds East, 66.52 feet to Rebecca Morrison, Program Director, SUPPLEMENTARY INFORMATION: In a corner on the South line of [email protected], (202) 330–0654 or accordance with section 47107(h) of International Avenue, being the True The RTCA Secretariat, 1150 18th Street Title 49, United States Code, this notice Point of Beginning, thence North 89 NW., Suite 910, Washington, DC 20036, is required to be published in the degrees 25 minutes 35 seconds East or by telephone at (202) 833–9339, fax Federal Register 30 days before along said South line International at (202) 833–9434, or Web site at http:// modifying the land-use assurance that Avenue, 361.78 feet to the West line www.rtca.org. requires the property to be used for an Eagle Drive, thence South 00 degrees 33 SUPPLEMENTARY INFORMATION: Pursuant aeronautical purpose. minutes 08 seconds East along said to section 10(a)(2) of the Federal The Village of Rantoul is sponsor of West line of Eagle Drive, 275.94 feet to Advisory Committee Act (Pub. L. 92– the Rantoul National Aviation Center- 463, 5 U.S.C., App.), notice is hereby Frank Elliott Field and is requesting the Northeast corner of Parcel ‘‘01’’ as given for a meeting of Nineteenth SC– release of 4.5 acres from Parcel A2b–3 described in a Quit Claim Deed 223 Plenary Meeting Calling Notice, and 2.392 acres from Parcel O2 (6.892 recorded as Document Number Internet Protocol Suit (IPS) and total). 2000R02944 in said Recorder’s office, AeroMACS. The agenda will include the The following are legal descriptions of thence South 89 degrees 26 minutes 52 following: the properties being released from seconds west along the North line of Champaign County, Illinois: said Parcel ‘‘01’’ as described in a Quit August 17–19, 2016 Claim Deed, 378.19 feet to the 1. Welcome, Introductions, Parcel A2B–3 Northwest corner of said Parcel ‘‘01’’ as Administrative Remarks A tract of land being part of Section described in a Quit Claim Deed and also 2. Review of Current State of Industry 2, Township 21 North, Range 9 East of being the East line of Century Standards the Third Principal Meridian, Boulevard; thence North 00 degrees 32 a. ICAO WG–I Champaign County, Illinois, described minutes 12 seconds west along said East b. AEEC IPS Sub Committee as follows, with bearing on Illinois State line of Century Boulevard, 259.39 feet; 3. Current State of Industry Activities Plane Coordinate System—East Zone: thence North 44 degrees 18 minutes 56 a. SESAR Programs Commencing at the Northwest Corner seconds East along an Easterly line of b. ESA IRIS Precursor of the Southwest Quarter of said Section Century Boulevard, 23.16 feet to the c. FAA report on Safety/Hazard 2 proceed North 89 degrees 38 minutes True Point of Beginning, encompassing Assessment for DataComm, 35 seconds East along the North line of 2.392 acres more or less. AeroMACS & SATCOM said Southwest Quarter, 507.81 feet; d. EUROCAE Status thence South 00 degrees 33 minutes 08 Issued in Des Plaines, Illinois on, June 22, e. Any Other Activities seconds East, 563.08 feet to a point on 2016. 4. IPS Technical Discussions the East line of Eagle Drive, being the Deb Bartell, a. Review of IPS RFC Profiles True Point of Beginning; thence South Acting Manager, Chicago Airports District i. RFC 791—IP: LST & Honeywell 45 degree 33 minutes 46 seconds East, Office, FAA, Great Lakes Region. ii. RFC 2460—IPv6: LST & Honeywell 84.61 feet; thence North 44 degrees 16 [FR Doc. 2016–15981 Filed 7–5–16; 8:45 am] iii. RFC 793—TCP: Harris & Airtel minutes 19 seconds East, 64.00 feet; BILLING CODE 4910–13–P ATN thence North 89 degrees 16 minutes 19 iv. RFC 768—UDP: Mitre seconds East, 84.86 feet; thence South v. RFC 2474—DS Field: LS Tech 45 degrees 33 minutes 46 seconds East, vi. Any other RFCs?

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44087

b. Prioritization of additional IETF Security Access Control Systems. The provisions. The FAA requires certificate RFCs for Profiling agenda will include the following: holders who voluntarily establish 5. Any Other Topics of Interest approved FOQA programs to August 2, 2016 6. Plans for Next Meetings periodically provide aggregate trend 7. Review of Action Items and Meeting 1. Welcome/Introductions/ analysis information from such Summary Administrative Remarks programs to the FAA. 8. Adjourn 2. Review/Approve Previous Meeting DATES: Written comments should be Attendance is open to the interested Summary submitted by September 6, 2016. public but limited to space availability. 3. Report from the TSA ADDRESSES: Send comments to the FAA With the approval of the chairman, 4. Report on Safe Skies on Document at the following address: Ronda members of the public may present oral Distribution Thompson, Room 441, Federal Aviation statements at the meeting. Persons 5. Report on TSA Security Administration, ASP–110, 950 L’Enfant wishing to present statements or obtain Construction Guidelines progress Plaza SW., Washington, DC 20024. information should contact the person 6. Review of DO–230H Sections Public Comments Invited: You are listed in the FOR FURTHER INFORMATION 7. Action Items for Next Meeting asked to comment on any aspect of this CONTACT section. Members of the public 8. Time and Place of Next Meeting information collection, including (a) may present a written statement to the 9. Any Other Business Whether the proposed collection of committee at any time. 10. Adjourn information is necessary for FAA’s Issued in Washington, DC, on June 29, Attendance is open to the interested performance; (b) the accuracy of the 2016. public but limited to space availability. estimated burden; (c) ways for FAA to Mohannad Dawoud, With the approval of the chairman, enhance the quality, utility and clarity members of the public may present oral of the information collection; and (d) Management & Program Analyst, Partnership Contracts Branch, ANG–A17, NexGen, statements at the meeting. Persons ways that the burden could be Procurement Services Division, Federal wishing to present statements or obtain minimized without reducing the quality Aviation Administration. information should contact the person of the collected information. The agency [FR Doc. 2016–15993 Filed 7–5–16; 8:45 am] listed in the FOR FURTHER INFORMATION will summarize and/or include your CONTACT section. Members of the public comments in the request for OMB’s BILLING CODE 4910–13–P may present a written statement to the clearance of this information collection. committee at any time. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on June 29, Ronda Thompson by email at: 2016. [email protected]. Federal Aviation Administration Mohannad Dawoud, SUPPLEMENTARY INFORMATION: OMB Control Number: 2120–0660. Forty-Second Meeting Special Management & Program Analyst, Partnership Contracts Branch, ANG–A17, NexGen, Title: Flight Operational Quality Committee 224 Airport Security Procurement Services Division, Federal Assurance (FOQA) Program. Access Control Systems Aviation Administration. Form Numbers: There are no FAA [FR Doc. 2016–15992 Filed 7–5–16; 8:45 am] forms associated with this collection. AGENCY: Federal Aviation Type of Review: Renewal of an BILLING CODE 4910–13–P Administration (FAA), U.S. Department information collection. of Transportation (DOT). Background: The purpose of ACTION: Notice of Forty-Second Meeting DEPARTMENT OF TRANSPORTATION collecting, analyzing, aggregating, and Special Committee 224 Airport Security reporting this information is to identify Access Control Systems. Federal Aviation Administration potential threats to safety, and to enable early corrective action before such SUMMARY: The FAA is issuing this notice Agency Information Collection threats lead to accidents. FOQA can to advise the public of a meeting of Activities: Requests for Comments; provide an objective source of Forty-Second Meeting Special Clearance of Renewed Approval of information for FAA decision making, Committee 224 Airport Security Access Information Collection: Flight including identification of the need for Control Systems. Operational Quality Assurance (FOQA) new rulemaking based on observed DATES: The meeting will be held August Program trends in FOQA data. Title 14, Code of 2, 2016 from 10:00 a.m. to 1:00 p.m. Federal Regulations (14 CFR), subpart ADDRESSES: The meeting will be held at AGENCY: Federal Aviation 13.401, stipulates that the FAA does not RTCA, Inc., 1150 18th Street NW., Suite Administration (FAA), DOT. use FOQA information in punitive 910, Washington, DC 20036. ACTION: Notice and request for enforcement action against an air carrier FOR FURTHER INFORMATION CONTACT: comments. or its employees, when that air carrier Karan Hofmann, [email protected], has an FAA approved FOQA program. SUMMARY: In accordance with the There are no legal or administrative (202) 330–0680 or The RTCA Paperwork Reduction Act of 1995, FAA Secretariat, 1150 18th Street NW., Suite requirements that necessitate this rule. invites public comments about our The rule is intended to encourage the 910, Washington, DC 20036, or by intention to request the Office of telephone at (202) 833–9339, fax at (202) voluntary implementation of FOQA Management and Budget (OMB) programs in the interest of safety 833–9434, or Web site at http:// approval to renew a previously www.rtca.org. enhancement. approved information collection. Flight Respondents: 60 airline operators. SUPPLEMENTARY INFORMATION: Pursuant Operational Quality Assurance (FOQA) Frequency: Information is collected to section 10(a)(2) of the Federal is a program for the routine collection monthly. Advisory Committee Act (Pub. L. 92– and analysis of digital flight data from Estimated Average Burden per 463, 5 U.S.C., App.), notice is hereby airline operations, including but not Response: 1 hour. given for a meeting of Forty-Second limited to digital flight data currently Estimated Total Annual Burden: 720 Meeting Special Committee 224 Airport collected pursuant to existing regulatory hours.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44088 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Issued in Washington, DC, on June 29, SUPPLEMENTARY INFORMATION: Notice is DEPARTMENT OF TRANSPORTATION 2016. hereby given that FHWA has taken final Ronda L. Thompson, agency actions subject to 23 U.S.C. Office of the Secretary FAA Information Collection Clearance 139(l)(1) by issuing licenses, permits, Application of Public Charters, Inc. for Officer, Performance, Policy, and Records and approvals for the following project Commuter Authority Management Branch, ASP–110. in the State of Virginia: Interstate 66 [FR Doc. 2016–15991 Filed 7–5–16; 8:45 am] Outside the Beltway Project. The project AGENCY: Department of Transportation. BILLING CODE 4910–13–P would involve improvements to ACTION: Notice of Order to Show Cause Interstate 66 between Interstate 495 and (Order 2016–6–14), Docket DOT–OST– DEPARTMENT OF TRANSPORTATION U.S. Route 15. The actions taken by 2015–0234. FHWA, and the laws under which such Federal Highway Administration actions were taken, are described in the SUMMARY: The Department of Tier 1 Final Environmental Impact Transportation is directing all interested Notice of Final Federal Agency Actions Statement and Tier 1 Record of Decision persons to show cause why it should on the Interstate 66 Outside the that was issued on November 20, 2013, not issue an order tentatively finding Beltway Project in Virginia the Tier 2 Final Environmental Public Charters, Inc., fit, willing, and Assessment dated June 21, 2016, and able to provide scheduled passenger AGENCY: Federal Highway service as a commuter air carrier using the Tier 2 Finding of No Significant Administration (FHWA), DOT. small aircraft pursuant to Part 135 of the Impact that was issued on June 22, Federal Aviation Regulations. ACTION: Notice of limitation on claims 2016. These documents and other for judicial review of actions by FHWA. project records are available on the DATES: Persons wishing to file project Web site at http:// objections should do so no later than SUMMARY: This notice announces actions July 11, 2016. outside.transform66.org, and are also taken by the FHWA that are final within ADDRESSES: Objections and answers to the meaning of 23 U.S.C. 139(l)(1). The available by contacting FHWA or the Virginia Department of Transportation objections should be filed in Docket actions relate to the Interstate 66 DOT–OST–2015–0234 and addressed to Outside the Beltway project in Fairfax at the phone numbers and addresses provided above. U.S. Department of Transportation, and Prince William Counties, Virginia. Docket Operations, (M–30, Room W12– Those actions grant licenses, permits, This notice applies to all Federal 140), 1200 New Jersey Avenue SE., West and approvals for the project. agency decisions as of the issuance date Building Ground Floor, Washington, DC DATES: By this notice, the FHWA is of this notice and all laws under which 20590, and should be served upon the advising the public of final agency such actions were taken, including but parties listed in Attachment A to the actions subject to 23 U.S.C. 139(l)(1). A not limited to: order. claim seeking judicial review of the 1. General: National Environmental FOR FURTHER INFORMATION CONTACT: Federal agency actions on the project Policy Act (NEPA) [42 U.S.C. 4321– Catherine J. O’Toole, Air Carrier Fitness will be barred unless the claim is filed 4351]; Federal-Aid Highway Act Division (X–56, Room W86–489), U.S. on or before December 5, 2016. (FAHA) [23 U.S.C. 109 and 23 U.S.C. Department of Transportation, 1200 Notwithstanding any other provision of 128]. New Jersey Avenue SE., Washington, law, a claim arising under Federal law DC 20590, (202) 366–9721. seeking judicial review of a permit, 2. Air: Clean Air Act [42 U.S.C. 7401– license, or approval issued by a Federal 7671(q)]. Dated: June 27, 2016. agency for a highway or public 3. Land: Section 4(f) of the Jenny T. Rosenberg, transportation capital project shall be Department of Transportation Act of Acting Assistant Secretary for Aviation and barred unless it is filed within 150 days 1966 [23 U.S.C. 138 and 49 U.S.C. 303]. International Affairs. [FR Doc. 2016–15948 Filed 7–5–16; 8:45 am] after publication of a notice in the 4. Historic and Cultural Resources: Federal Register announcing that the BILLING CODE 4910–9X–P Section 106 of the National Historic permit, license, or approval is final Preservation Act of 1966, as amended pursuant to the law under which the [16 U.S.C. 470(f) et seq.]. agency action is taken, unless a shorter DEPARTMENT OF THE TREASURY time is specified in the Federal law 5. Social and Economic: Farmland pursuant to which judicial review is Protection Policy Act [7 U.S.C. 4201– Fiscal Service allowed. 4209]. Prompt Payment Interest Rate; FOR FURTHER INFORMATION CONTACT: Mr. (Catalog of Federal Domestic Assistance Contract Disputes Act John Simkins, Planning and Program Number 20.205, Highway Planning Environment Team Leader, Federal and Construction. The regulations AGENCY: Bureau of the Fiscal Service, Highway Administration, 400 North 8th implementing Executive Order 12372 Treasury. Street, Richmond, Virginia, 23219; regarding intergovernmental consultation on ACTION: Notice. telephone: (804) 775–3347; email: Federal programs and activities apply to this [email protected]. The FHWA program.) SUMMARY: For the period beginning July Virginia Division Office’s normal Authority: 23 U.S.C 139(l)(1) . 1, 2016, and ending on December 31, 2016, the prompt payment interest rate business hours are 7:00 a.m. to 5:00 p.m. Issued On: June 28, 2016. (Eastern Time). For the Virginia is 17⁄8 per centum per annum. John Simkins, Department of Transportation: Mr. John ADDRESSES: Comments or inquiries may Muse, 4975 Alliance Drive, Fairfax, VA Planning and Environment Team Leader. be mailed to: E-Commerce Division, 22030; email: John.Muse@ [FR Doc. 2016–15950 Filed 7–5–16; 8:45 am] Bureau of the Fiscal Service, 401 14th vdot.virginia.gov; telephone: (703) 259– BILLING CODE 4910–RY–P Street SW., Room 306F, Washington, DC 1215. 20227. Comments or inquiries may also

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44089

be emailed to PromptPayment@ SUMMARY: The Department of the revenue law. Generally, tax returns and fiscal.treasury.gov. Treasury, as part of its continuing effort tax return information are confidential, DATES: Effective July 1, 2016, to to reduce paperwork and respondent as required by 26 U.S.C. 6103. December 31, 2016. burden, invites the general public and Request for Comments: Comments other Federal agencies to take this submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: opportunity to comment on proposed be summarized and/or included in the Thomas M. Burnum, E-Commerce and/or continuing information request for OMB approval. All Division, (202) 874–6430; or Thomas collections, as required by the comments will become a matter of Kearns, Attorney-Advisor, Office of the Paperwork Reduction Act of 1995, public record. Comments are invited on: Chief Counsel, (202) 874–7036. Public Law 104–13 (44 U.S.C. (a) Whether the collection of SUPPLEMENTARY INFORMATION: An agency 3506(c)(2)(A)). Currently, the IRS is information is necessary for the proper that has acquired property or service soliciting comments concerning performance of the functions of the from a business concern and has failed Regulations Governing Practice Before agency, including whether the to pay for the complete delivery of the Internal Revenue Service. information shall have practical utility; property or service by the required DATES: Written comments should be (b) the accuracy of the agency’s estimate payment date shall pay the business received on or before September 6, 2016 of the burden of the collection of concern an interest penalty. 31 U.S.C. to be assured of consideration. information; (c) ways to enhance the 3902(a). The Contract Disputes Act of quality, utility, and clarity of the 1978, Sec. 12, Public Law 95–563, 92 ADDRESSES: Direct all written comments to Tuawana Pinkston, Internal Revenue information to be collected; (d) ways to Stat. 2389, and the Prompt Payment Act, minimize the burden of the collection of 31 U.S.C. 3902(a), provide for the Service, Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224. information on respondents, including calculation of interest due on claims at through the use of automated collection FOR FURTHER INFORMATION CONTACT: the rate established by the Secretary of techniques or other forms of information Requests for additional information or the Treasury. technology; and (e) estimates of capital copies of the regulation should be The Secretary of the Treasury has the or start-up costs and costs of operation, directed to LaNita Van Dyke, or at authority to specify the rate by which maintenance, and purchase of services Internal Revenue Service, Room 6526, the interest shall be computed for to provide information. interest payments under section 12 of 1111 Constitution Avenue NW., the Contract Disputes Act of 1978 and Washington, DC 20224, or through the Approved: June 28, 2016. under the Prompt Payment Act. Under internet at [email protected]. Tuawana Pinkston, the Prompt Payment Act, if an interest SUPPLEMENTARY INFORMATION: IRS Reports Clearance Officer. penalty is owed to a business concern, Title: Regulations Governing Practice [FR Doc. 2016–15894 Filed 7–5–16; 8:45 am] the penalty shall be paid regardless of Before the Internal Revenue Service. BILLING CODE 4830–01–P whether the business concern requested OMB Number: 1545–1871. payment of such penalty. 31 U.S.C. Regulation Project Number: REG– 3902(c)(1). Agencies must pay the 122379–02 (TD 9165). DEPARTMENT OF THE TREASURY interest penalty calculated with the Abstract: These regulations will interest rate, which is in effect at the ensure that taxpayers are provided Internal Revenue Service time the agency accrues the obligation adequate information regarding the limits of tax shelter advice that they Proposed Collection; Comment to pay a late payment interest penalty. Request for Form 1099–OID 31 U.S.C. 3902(a). ‘‘The interest penalty receive, and also ensure that shall be paid for the period beginning practitioners properly advise taxpayers AGENCY: Internal Revenue Service (IRS), on the day after the required payment of relevant information with respect to Treasury. tax shelter options. date and ending on the date on which ACTION: Notice and request for Current Actions: There is no change to payment is made.’’ 31 U.S.C. 3902(b). comments. Therefore, notice is given that the this existing regulation. Secretary of the Treasury has Type of Review: Extension of a SUMMARY: The Department of the determined that the rate of interest currently approved collection. Treasury, as part of its continuing effort applicable for the period beginning July Affected Public: Business or other for- to reduce paperwork and respondent 1, 2016, and ending on December 31, profit organizations, and individuals or burden, invites the general public and 7 households. 2016, is 1 ⁄8 per centum per annum. other Federal agencies to take this Estimated Number of Respondents: opportunity to comment on proposed David A. Lebryk, 100,000. and/or continuing information Fiscal Assistant Secretary. Estimated Time per Respondent: 8 collections, as required by the [FR Doc. 2016–16121 Filed 7–1–16; 4:15 pm] minutes. Paperwork Reduction Act of 1995, BILLING CODE 4810–AS–P Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. Hours: 13,333. 3506(c)(2)(A)). Currently, the IRS is The following paragraph applies to all soliciting comments concerning Form DEPARTMENT OF THE TREASURY of the collections of information covered 1099–OID, Original Issue Discount. by this notice: Internal Revenue Service An agency may not conduct or DATES: Written comments should be sponsor, and a person is not required to received on or before September 6, 2016 Proposed Collection; Comment respond to, a collection of information to be assured of consideration. Request for Regulation Project unless the collection of information ADDRESSES: Direct all written comments to Tuawana Pinkston, Internal Revenue AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number. Service, Room 6526, 1111 Constitution Treasury. Books or records relating to a collection of information must be retained as long Avenue NW., Washington, DC 20224. ACTION: Notice and request for as their contents may become material FOR FURTHER INFORMATION CONTACT: comments. in the administration of any internal Requests for additional information or

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44090 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

copies of the form and instructions Approved: June 27, 2016. Estimated Time per Respondent: 7 should be directed to Martha R. Brinson, Tuawana Pinkston, hrs., 39 min. Internal Revenue Service, Room 6526, IRS Reports Clearance Officer. Estimated Total Annual Burden 1111 Constitution Avenue NW., [FR Doc. 2016–15892 Filed 7–5–16; 8:45 am] Hours: 237. The following paragraph applies to all Washington, DC 20224, or through the BILLING CODE 4830–01–P Internet at [email protected]. of the collections of information covered SUPPLEMENTARY INFORMATION: by this notice: DEPARTMENT OF THE TREASURY An agency may not conduct or Title: Original Issue Discount. sponsor, and a person is not required to OMB Number: 1545–0117. Internal Revenue Service respond to, a collection of information Form Number: Form 1099–OID. unless the collection of information Abstract: Form 1099–OID is used for Proposed Collection; Comment displays a valid OMB control number. reporting original issue discount as Request for Form 8831 Books or records relating to a collection required by section 6049 of the Internal of information must be retained as long AGENCY: Internal Revenue Service (IRS), Revenue Code. It is used to verify that as their contents may become material Treasury. income earned on discount obligations in the administration of any internal is properly reported by the recipient. ACTION: Notice and request for revenue law. Generally, tax returns and Current Actions: There are no changes comments. tax return information are confidential, being made to the form at this time. SUMMARY: The Department of the as required by 26 U.S.C. 6103. Type of Review: Extension of a Treasury, as part of its continuing effort Request for Comments: Comments currently approved collection. to reduce paperwork and respondent submitted in response to this notice will Affected Public: Businesses or other burden, invites the general public and be summarized and/or included in the for-profit organizations. other Federal agencies to take this request for OMB approval. All Estimated Number of Responses: opportunity to comment on proposed comments will become a matter of 2,667,000. and/or continuing information public record. Comments are invited on: Estimated Time per Response: 12 min. collections, as required by the (a) Whether the collection of Estimated Total Annual Burden Paperwork Reduction Act of 1995, information is necessary for the proper Hours: 526,730. Public Law 104–13 (44 U.S.C. performance of the functions of the The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is agency, including whether the of the collections of information covered soliciting comments concerning Form information shall have practical utility; by this notice: 8831, Excise Taxes on Excess Inclusions (b) the accuracy of the agency’s estimate An agency may not conduct or of REMIC Residual Interests. of the burden of the collection of information; (c) ways to enhance the sponsor, and a person is not required to DATES: Written comments should be quality, utility, and clarity of the respond to, a collection of information received on or before September 6, 2016 information to be collected; (d) ways to unless the collection of information to be assured of consideration. displays a valid OMB control number. minimize the burden of the collection of ADDRESSES: Direct all written comments information on respondents, including Books or records relating to a to Tuawana Pinkston, Internal Revenue collection of information must be through the use of automated collection Service, Room 6526, 1111 Constitution techniques or other forms of information retained as long as their contents may Avenue NW., Washington, DC 20224. become material in the administration technology; and (e) estimates of capital FOR FURTHER INFORMATION CONTACT: or start-up costs and costs of operation, of any internal revenue law. Generally, Requests for additional information or tax returns and tax return information maintenance, and purchase of services copies of the form and instructions to provide information. are confidential, as required by 26 should be directed to Sara Covington, Approved: June 27, 2016. U.S.C. 6103. Internal Revenue Service, Room 6526, Request for Comments: Comments 1111 Constitution Avenue NW., Tuawana Pinkston, submitted in response to this notice will Washington, DC 20224, or through the IRS Reports Clearance Officer. be summarized and/or included in the Internet at [email protected]. [FR Doc. 2016–15893 Filed 7–5–16; 8:45 am] request for OMB approval. All SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P comments will become a matter of Title: Excise Taxes on Excess public record. Comments are invited on: Inclusions of REMIC Residual Interests. (a) Whether the collection of OMB Number: 1545–1379. DEPARTMENT OF THE TREASURY information is necessary for the proper Form Number: 8831. performance of the functions of the Abstract: Taxpayers use Form 8831 to Internal Revenue Service agency, including whether the report and pay excise tax on any transfer information shall have practical utility; Proposed Collection; Comment of a residual interest in a REMIC to a Request for Form 8275 and 8275–R (b) the accuracy of the agency’s estimate disqualified organization, the amount of the burden of the collection of due if the tax is waived, and the excise AGENCY: Internal Revenue Service (IRS), information; (c) ways to enhance the tax due on pass-through entities with Treasury. quality, utility, and clarity of the interests held by disqualified ACTION: Notice and request for information to be collected; (d) ways to organizations. comments. minimize the burden of the collection of Current Actions: There is no changes information on respondents, including being made to Form 8831 at this time. SUMMARY: The Department of the through the use of automated collection Type of Review: Extension of a Treasury, as part of its continuing effort techniques or other forms of information currently approved collection. to reduce paperwork and respondent technology; and (e) estimates of capital Affected Public: Business or other for- burden, invites the general public and or start-up costs and costs of operation, profit organizations. other Federal agencies to take this maintenance, and purchase of services Estimated Number of Respondents: opportunity to comment on proposed to provide information. 31. and/or continuing information

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44091

collections, as required by the revenue law. Generally, tax returns and Reference Price: The reference price Paperwork Reduction Act of 1995, tax return information are confidential, under section 45K(d)(2)(C) for calendar Public Law 104–13 (44 U.S.C. as required by 26 U.S.C. 6103. year 2015 is $44.39. 3506(c)(2)(A)). Currently, the IRS is Request for Comments: Comments FOR FURTHER INFORMATION CONTACT: soliciting comments concerning Form submitted in response to this notice will Martha Garcia, CC:PSI:6, Internal 8275, Disclosure Statement, and Form be summarized and/or included in the Revenue Service, 1111 Constitution 8275–R, Regulation Disclosure request for OMB approval. All Avenue NW., Washington, DC 20224, Statement. comments will become a matter of Telephone Number (202) 317–6853 (not DATES: Written comments should be public record. Comments are invited on: a toll-free number). received on or before September 6, 2016 (a) Whether the collection of Christopher T. Kelley, information is necessary for the proper to be assured of consideration. Special Counsel to the Associate Chief ADDRESSES: Direct all written comments performance of the functions of the Counsel, (Passthroughs and Special to Tuawana Pinkston, Internal Revenue agency, including whether the Industries). Service, Room 6526, 1111 Constitution information shall have practical utility; [FR Doc. 2016–15936 Filed 7–5–16; 8:45 am] (b) the accuracy of the agency’s estimate Avenue NW., Washington, DC 20224. BILLING CODE 4830–01–P FOR FURTHER INFORMATION CONTACT: of the burden of the collection of Requests for additional information or information; (c) ways to enhance the copies of the form and instructions quality, utility, and clarity of the DEPARTMENT OF THE TREASURY should be directed to Allan Hopkins at information to be collected; (d) ways to Internal Revenue Service, Room 6129, minimize the burden of the collection of Internal Revenue Service 1111 Constitution Avenue NW., information on respondents, including Proposed Collection; Comment Washington, DC 20224, or through the through the use of automated collection Request for Regulation Project internet at [email protected]. techniques or other forms of information technology; and (e) estimates of capital SUPPLEMENTARY INFORMATION: AGENCY: Internal Revenue Service (IRS), or start-up costs and costs of operation, Title: Disclosure Statement (Form Treasury. maintenance, and purchase of services 8275) and Regulation Disclosure to provide information. ACTION: Notice and request for Statement (Form 8275–R). comments. OMB Number: 1545–0889. Approved: June 29, 2016. Form Number: Forms 8275 and 8275– Allan Hopkins, SUMMARY: The Department of the R. Tax Analyst. Treasury, as part of its continuing effort Abstract: Internal Revenue Code [FR Doc. 2016–15905 Filed 7–5–16; 8:45 am] to reduce paperwork and respondent section 6662 imposes accuracy-related BILLING CODE 4830–01–P burden, invites the general public and penalties on taxpayers for substantial other Federal agencies to take this understatement of tax liability or opportunity to comment on proposed negligence or disregard of rules and DEPARTMENT OF THE TREASURY and/or continuing information regulations. Code section 6694 imposes collections, as required by the similar penalties on return preparers. Internal Revenue Service Paperwork Reduction Act of 1995, Regulations sections 1.662–4(e) and (f) Public Law 104–13 (44 U.S.C. provide for reduction of these penalties Publication of Nonconventional Source 3506(c)(2)(A)). Currently, the IRS is if adequate disclosure of the tax Production Credit Reference Price for soliciting comments concerning TD treatment is made on Form 8275 or, if Calendar Year 2015 9107, Guidance Regarding Deduction the position is contrary to regulation on and Capitalization of Expenditures. AGENCY: Internal Revenue Service (IRS), Form 8275–R. DATES: Written comments should be Treasury. Current Actions: There are no changes received on or before September 6, 2016 to the forms at this time. ACTION: Notice. to be assured of consideration. Type of Review: Extension of a ADDRESSES: Direct all written comments currently approved collection. SUMMARY: Publication of the reference to Tuawana Pinkston, Internal Revenue Affected Public: Business or other for- price for the nonconventional source Service, Room 6526, 1111 Constitution profit organizations and individuals, production credit for calendar year Avenue NW., Washington, DC 20224. not-for-profit institutions, and farms. 2015. The credit period for Estimated Number of Responses: FOR FURTHER INFORMATION CONTACT: nonconventional source production Requests for additional information or 666,666. credit ended on December 31, 2013 for Estimated Time per Response: 5 copies of this regulation should be facilities producing coke or coke gas directed to Martha R. Brinson, Internal hours, 34 minutes. (other than from petroleum based Estimated Total Annual Burden Revenue Service, Room 6526, 1111 products). However, the reference price Constitution Avenue NW., Washington, Hours: 3,716,664. continues to apply in determining the The following paragraph applies to all DC 20224, or through the Internet at amount of the enhanced oil recovery of the collections of information covered [email protected]. credit under section 43, the marginal by this notice: SUPPLEMENTARY INFORMATION: well production credit under section An agency may not conduct or 45I, and the percentage depletion in Title: Guidance Regarding Deduction sponsor, and a person is not required to case of oil and natural gas produced and Capitalization of Expenditures. respond to, a collection of information OMB Number: 1545–1870. from marginal properties under section unless the collection of information Regulation Project Number: TD 9107. 613A. displays a valid OMB control number. Abstract: The information required to Books or records relating to a collection DATES: The reference price under be retained by taxpayers will constitute of information must be retained as long section 45K(d)(2)(C) for calendar year sufficient documentation for purposes as their contents may become material 2015 applies for purposes of sections 43, of substantiating a deduction. The in the administration of any internal 45I, and 613A for taxable year 2016. information will be used by the agency

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44092 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

on audit to determine the taxpayer’s DEPARTMENT OF THE TREASURY Estimated Total Annual Reporting entitlement to a deduction. The Burden hours: 800. respondents include taxpayers who Internal Revenue Service The following paragraph applies to all engage in certain transactions involving of the collections of information covered Proposed Collection; Comment by this notice: the acquisition of a trade or business or Request for Information Collection an ownership interest in a legal entity. An agency may not conduct or Tools sponsor, and a person is not required to Current Actions: There is no change respond to, a collection of information in the paperwork burden previously AGENCY: Internal Revenue Service (IRS), Treasury. unless the collection of information approved by OMB. displays a valid OMB control number. ACTION: Notice and request for Type of Review: Extension of a comments. Books or records relating to a collection currently approved collection. of information must be retained as long Affected Public: Business or other for- SUMMARY: The Department of the as their contents may become material in the administration of any internal profit organizations. Treasury, as part of its continuing effort to reduce paperwork and respondent revenue law. Generally, tax returns and Estimated Number of Respondents: burden, invites the general public and tax return information are confidential, 3,000. other Federal agencies to take this as required by 26 U.S.C. 6103. Estimated Time per Respondent: 1 hr. opportunity to comment on proposed Request for Comments: Comments and/or continuing information submitted in response to this notice will Estimated Total Annual Burden collections, as required by the be summarized and/or included in the Hours: 3,000. Paperwork Reduction Act of 1995, request for OMB approval. All The following paragraph applies to all Public Law 104–13 (44 U.S.C. comments will become a matter of of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is public record. Comments are invited on: by this notice: soliciting comments concerning an (a) Whether the collection of An agency may not conduct or existing Revenue Procedure 2001–29, information is necessary for the proper sponsor, and a person is not required to Leveraged Leases. performance of the functions of the respond to, a collection of information DATES: Written comments should be agency, including whether the information shall have practical utility; unless the collection of information received on or before September 6, 2016 (b) the accuracy of the agency’s estimate displays a valid OMB control number. to be assured of consideration. of the burden of the collection of Books or records relating to a collection ADDRESSES: Direct all written comments to Tuawana Pinkston, Internal Revenue information; (c) ways to enhance the of information must be retained as long quality, utility, and clarity of the as their contents may become material Service, Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224. information to be collected; (d) ways to in the administration of any internal FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of revenue law. Generally, tax returns and information on respondents, including tax return information are confidential, Requests for additional information or copies of the collection tools should be through the use of automated collection as required by 26 U.S.C. 6103. directed to LaNita Van Dyke, Internal techniques or other forms of information Request for Comments: Comments Revenue Service, Room 6526, 1111 technology; and (e) estimates of capital submitted in response to this notice will Constitution Avenue NW., Washington, or start-up costs and costs of operation, be summarized and/or included in the DC 20224, or through the Internet at maintenance, and purchase of services request for OMB approval. All [email protected]. to provide information. comments will become a matter of SUPPLEMENTARY INFORMATION: Approved: June 28, 2016. public record. Comments are invited on: Currently, the IRS is seeking Tuawana Pinkston, (a) Whether the collection of comments concerning the following IRS Reports Clearance Officer. information is necessary for the proper information collection tools, reporting, [FR Doc. 2016–15895 Filed 7–5–16; 8:45 am] and record-keeping requirements: performance of the functions of the BILLING CODE 4830–01–P agency, including whether the Title: Leveraged Leases. information shall have practical utility; OMB Number: 1545–1738. Form Number: Rev Proc 2001–29. (b) the accuracy of the agency’s estimate Abstract: Revenue Procedure 2001–29 DEPARTMENT OF THE TREASURY of the burden of the collection of sets forth the information and Internal Revenue Service information; (c) ways to enhance the representations required to be furnished quality, utility, and clarity of the by taxpayers in requests for an advance Proposed Collection; Comment information to be collected; (d) ways to ruling that a leveraged lease transaction Request for Form T (Timber). minimize the burden of the collection of is, in fact, a valid lease for federal information on respondents, including income tax purposes. AGENCY: Internal Revenue Service (IRS), through the use of automated collection Current Actions: There are no changes Treasury. techniques or other forms of information being made to the revenue procedure at ACTION: Notice and request for technology; and (e) estimates of capital this time. comments. or start-up costs and costs of operation, Type of Review: Extension of a SUMMARY: The Department of the maintenance, and purchase of services currently approved collection. Treasury, as part of its continuing effort to provide information. Affected Public: Individuals or households, business or other for-profit to reduce paperwork and respondent Approved: June 27, 2016. organizations, and not-for-profit burden, invites the general public and Tuawana Pinkston, institutions. other Federal agencies to take this IRS Reports Clearance Officer. Estimated Number of Respondents: opportunity to comment on proposed and/or continuing information [FR Doc. 2016–15908 Filed 7–5–16; 8:45 am] 10. Estimated Time per Respondent: 80 collections, as required by the BILLING CODE 4830–01–P hr. Paperwork Reduction Act of 1995,

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44093

Public Law 104–13 (44 U.S.C. public record. Comments are invited on: SUPPLEMENTARY INFORMATION: 3506(c)(2)(A)). Currently, the IRS is (a) Whether the collection of Title: Application to Participate in the soliciting comments concerning Form T information is necessary for the proper Income Verification Express Service (Timber), Forest Activities Schedule performance of the functions of the (IVES) Program. DATES: Written comments should be agency, including whether the OMB Number: 1545–2032. received on or before September 6, 2016 information shall have practical utility; Form Number: Form 13803. to be assured of consideration. (b) the accuracy of the agency’s estimate Abstract: Form 13803, Application to Participate in the Income Verification ADDRESSES: of the burden of the collection of Direct all written comments Express Service (IVES) Program, is used to Tuawana Pinkston, Internal Revenue information; (c) ways to enhance the quality, utility, and clarity of the to submit the required information Service, Room 6526, 1111 Constitution necessary to complete the e-services Avenue NW., Washington, DC 20224. information to be collected; (d) ways to minimize the burden of the collection of enrollment process for IVES users and FOR FURTHER INFORMATION CONTACT: information on respondents, including to identify delegates receiving Requests for additional information or through the use of automated collection transcripts on behalf of the principle copies of the collection tools should be techniques or other forms of information account user. directed to LaNita Van Dyke, Internal technology; and (e) estimates of capital Current Actions: There is no change Revenue Service, Room 6526, 1111 or start-up costs and costs of operation, in the paperwork burden previously Constitution Avenue NW., Washington, maintenance, and purchase of services approved by OMB. This form is being DC 20224, or through the internet at to provide information. submitted for renewal purposes only. [email protected]. Type of Review: Extension of a SUPPLEMENTARY INFORMATION: Currently, Approved: June 28, 2016. currently approved collection. the IRS is seeking comments concerning Tuawana Pinkston, Affected Public: Businesses and other the following information collection IRS Reports Clearance Officer. for-profit organizations. tools, reporting, and record-keeping [FR Doc. 2016–15897 Filed 7–5–16; 8:45 am] Estimated Number of Respondents: requirements: BILLING CODE 4830–01–P 200. Title: Forest Activities Schedule. Estimated Time per Respondent: 30 OMB Number: 1545–0007. minutes. Form Number: Form T (Timber). DEPARTMENT OF THE TREASURY Estimated Total Annual Burden Abstract: Form T (Timber) is filed by Hours: 100. individuals and corporations to report Internal Revenue Service The following paragraph applies to all income and deductions from the of the collections of information covered operation of a timber business. The IRS Proposed Collection; Comment by this notice: uses Form T (Timber) to determine if Request for Form 13803 An agency may not conduct or sponsor, and a person is not required to the correct amount of income and AGENCY: Internal Revenue Service (IRS), deductions are reported. Treasury. respond to, a collection of information Current Actions: There are no changes unless the collection of information ACTION: Notice and request for to the previously approved burden of displays a valid OMB control number. comments. this existing collection. Books or records relating to a Type of Review: Extension of a SUMMARY: The Department of the collection of information must be currently approved collection. Treasury, as part of its continuing effort retained as long as their contents may Affected Public: Individuals or to reduce paperwork and respondent become material in the administration households, Businesses or other for- burden, invites the general public and of any internal revenue law. Generally, profit organizations. other Federal agencies to take this tax returns and tax return information Estimated Number of Respondents: opportunity to comment on proposed are confidential, as required by 26 37,000. and/or continuing information U.S.C. 6103. Estimated Time per Respondent: 36 collections, as required by the Request for Comments: Comments hrs., 11 min. Paperwork Reduction Act of 1995, submitted in response to this notice will Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. be summarized and/or included in the Hours: 446,208. 3506(c)(2)(A)). Currently, the IRS is request for OMB approval. All The following paragraph applies to all soliciting comments concerning Form comments will become a matter of of the collections of information covered 13803, Application to Participate in the public record. Comments are invited on: by this notice. Income Verification Express Service (a) Whether the collection of An agency may not conduct or (IVES) Program. information is necessary for the proper sponsor, and a person is not required to performance of the functions of the DATES: respond to, a collection of information Written comments should be agency, including whether the unless the collection of information received on or before September 6, 2016 information shall have practical utility; displays a valid OMB control number. to be assured of consideration. (b) the accuracy of the agency’s estimate Books or records relating to a collection ADDRESSES: Direct all written comments of the burden of the collection of of information must be retained as long to Tuawana Pinkston, Internal Revenue information; (c) ways to enhance the as their contents may become material Service, Room 6526, 1111 Constitution quality, utility, and clarity of the in the administration of any internal Avenue NW., Washington, DC 20224. information to be collected; (d) ways to revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of tax return information are confidential, Requests for additional information or information on respondents, including as required by 26 U.S.C. 6103. copies of the form and instructions through the use of automated collection Request for Comments: Comments should be directed to Allan Hopkins, at techniques or other forms of information submitted in response to this notice will Internal Revenue Service, Room 6129, technology; and (e) estimates of capital be summarized and/or included in the 1111 Constitution Avenue NW., or start-up costs and costs of operation, request for OMB approval. All Washington, DC 20224, or through the maintenance, and purchase of services comments will become a matter of internet at [email protected]. to provide information.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44094 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

Approved: June 29, 2016. The following paragraph applies to all below to the Office of Management and Allan Hopkins, of the collections of information covered Budget (OMB) for review and comment. Tax Analyst. by this notice: The PRA submission describes the [FR Doc. 2016–15903 Filed 7–5–16; 8:45 am] An agency may not conduct or nature of the information collection and BILLING CODE 4830–01–P sponsor, and a person is not required to its expected cost and burden; it includes respond to, a collection of information the actual data collection instrument. unless the collection of information DATES: Comments must be submitted on DEPARTMENT OF THE TREASURY displays a valid OMB control number. or before August 5, 2016. Books or records relating to a collection Internal Revenue Service of information must be retained as long ADDRESSES: Submit written comments as their contents may become material on the collection of information through Proposed Collection; Comment in the administration of any internal www.Regulations.gov, or to Office of Request for Notice 2010–54 revenue law. Generally, tax returns and Information and Regulatory Affairs, tax return information are confidential, Office of Management and Budget, Attn: AGENCY: Internal Revenue Service (IRS), VA Desk Officer; 725 17th St. NW., Treasury. as required by 26 U.S.C. 6103. Request for Comments: Comments Washington, DC 20503 or sent through ACTION: _ Notice and request for submitted in response to this notice will electronic mail to oira submission@ comments. be summarized and/or included in the omb.eop.gov. Please refer to ‘‘OMB Control No. 2900–0055’’ in any SUMMARY: request for OMB approval. All The Department of the correspondence. Treasury, as part of its continuing effort comments will become a matter of to reduce paperwork and respondent public record. Comments are invited on: FOR FURTHER INFORMATION CONTACT: burden, invites the general public and (a) Whether the collection of Kathleen Manwell, Enterprise Records other Federal agencies to take this information is necessary for the proper Service (005R1A), Department of opportunity to comment on proposed performance of the functions of the Veterans Affairs, 810 Vermont Avenue and/or continuing information agency, including whether the NW., Washington, DC 20420, (202) 632– collections, as required by the information shall have practical utility; 7474 or email kathleen.manwell@ Paperwork Reduction Act of 1995, (b) the accuracy of the agency’s estimate va.gov. Please refer to ‘‘OMB Control Public Law 104–13 (44 U.S.C. of the burden of the collection of No. 2900–0055.’’ 3506(c)(2)(A)). Currently, the IRS is information; (c) ways to enhance the SUPPLEMENTARY INFORMATION: quality, utility, and clarity of the soliciting comments Notice 2010–54, Title: Request for Determination of information to be collected; (d) ways to Production Tax Credit for Refined Coal. Loan Guaranty Eligibility Unmarried minimize the burden of the collection of DATES: Written comments should be Surviving Spouses. information on respondents, including received on or before September 6, 2016 OMB Control Number: 2900–0055. to be assured of consideration. through the use of automated collection techniques or other forms of information Type of Review: Revision of a ADDRESSES: Direct all written comments technology; and (e) estimates of capital currently approved collection. to Tuawana Pinkston, Internal Revenue or start-up costs and costs of operation, Abstract Service, Room 6526, 1111 Constitution maintenance, and purchase of services Section 3702(c) of Title 38, U.S.C. Avenue NW., Washington, DC 20224. to provide information. FOR FURTHER INFORMATION CONTACT: states that any veteran may apply to the Requests for additional information or Approved: June 27, 2016. Secretary for a COE. A completed VA copies of this notice should be directed Tuawana Pinkston, Form 26–1817 constitutes a formal to Martha R. Brinson, Internal Revenue IRS Reports Clearance Officer. request by an un-remarried surviving Service, Room 6526, 1111 Constitution [FR Doc. 2016–15906 Filed 7–5–16; 8:45 am] spouse for a COE. Avenue NW., Washington, DC 20224, or BILLING CODE 4830–01–P An agency may not conduct or through the Internet at sponsor, and a person is not required to [email protected]. respond to a collection of information SUPPLEMENTARY INFORMATION: DEPARTMENT OF VETERANS unless it displays a currently valid OMB Title: Production Tax Credit for AFFAIRS control number. The Federal Register Notice with a 60-day comment period Refined Coal. [OMB Control No. 2900–0055] OMB Number: 1545–2158. soliciting comments on this collection Notice Number: Notice 2010–54. Agency Information Collection of information was published at 81 FR Abstract: This notice sets forth (Request for Determination of Loan 07444 on April 4, 2016. interim guidance pending the issuance Guaranty Eligibility Unmarried Affected Public: Individuals or of regulations relating to the tax credit Surviving Spouses, VA Form 26–1817) households. under § 45 of the Internal Revenue Code Activity Under OMB Review Estimated Annual Burden: 833 hours. (Code) for refined coal. Estimated Average Burden per Current Actions: There are no changes AGENCY: Veterans Benefits Respondent: 10 minutes. being made to the notice at this time. Administration, Department of Veterans Frequency of Response: One-time. Type of Review: Extension of Affairs. Estimated Number of Respondents: currently approved collection. ACTION: Notice. 5000. Affected Public: Business and for- profit. SUMMARY: In Compliance with the By direction of the Secretary: Estimated Number of Respondents: Paperwork Reduction Act (PRA) of 1995 Kathleen M. Manwell, 100. (44 U.S.C. 3501–3521), this notice Program Analyst, VA Privacy Service, Office Estimated Average Time per announces that the Veterans Benefits of Privacy and Records Management, Respondent: 15 hours. Administration (VBA), Department of Department of Veterans Affairs. Estimated Total Annual Burden Veterans Affairs, will submit the [FR Doc. 2016–15984 Filed 7–5–16; 8:45 am] Hours: 1,500 hrs. collection of information abstracted BILLING CODE 8320–01–P

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00109 Fmt 4703 Sfmt 9990 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44095

DEPARTMENT OF VETERANS information; (3) ways to enhance the 1995, Federal agencies are required to AFFAIRS quality, utility, and clarity of the publish notice in the Federal Register information to be collected; and (4) concerning each proposed collection of [OMB Control No. 2900–0703] ways to minimize the burden of the information, including each proposed Proposed Information Collection collection of information on revision of a currently approved (Dependent’s Educational Assistance respondents, including through the use collection. This notice solicits (DEA) Election Letter) of automated collection techniques or comments on information needed to the use of other forms of information process a complaint of employment Activity: Comment Request. technology. discrimination. AGENCY: Veterans Benefits Title: Dependent’s Educational DATES: Comments must be submitted on Administration, Department of Veterans Assistance (DEA) Election Letter or before August 5, 2016. OMB Control Number: 2900–0703. Affairs. ADDRESSES: Type of Review: Revision of a Submit written comments ACTION: Notice. currently approved collection. on the collection of information through www.Regulations.gov, or to Office of SUMMARY: The Veterans Benefits Abstract: VA FL 22–909 is used by eligible student children and some Information and Regulatory Affairs, Administration (VBA), Department of Office of Management and Budget, Attn: Veterans Affairs (VA), is announcing an dependent spouses to elect the beginning date of their eligibility period VA Desk Officer; 725 17th St. NW., opportunity for public comment on the Washington, DC 20503 or sent through proposed collection of certain under the Survivors’ and Dependents’ _ Educational Assistance (DEA) program. electronic mail to oira submission@ information by the agency. Under the omb.eop.gov. Please refer to ‘‘OMB Paperwork Reduction Act (PRA) of VA will use the information collected to determine when to begin their payment. Control No.: 2900–0716’’ in any 1995, Federal agencies are required to correspondence. publish notice in the Federal Register It is mandatory VA notify the dependent concerning each proposed collection of child of the opportunity to make an FOR FURTHER INFORMATION CONTACT: information, including each proposed election. It is not mandatory VA provide Cynthia Harvey-Pryor, Enterprise revision of a currently approved spouses the opportunity to make an Records Service (005R1B), Department collection, and allow 60 days for public election, but they may also elect a of Veterans Affairs, 810 Vermont comment in response to the notice. beginning date. Avenue NW., Washington, DC 20420, Affected Public: Individuals or (202) 461–5870 or email cynthia.harvey- DATES: Written comments and households. [email protected]. Please refer to ‘‘OMB recommendations on the proposed Estimated Annual Burden: 96 hours. Control No. 2900–0716.’’ collection of information should be Estimated Average Burden per received on or before September 6, SUPPLEMENTARY INFORMATION: Respondent: 15 minutes. 2016. Title: Complaint of Employment Frequency of Response: One-time. Discrimination, VA Form 4939; ADDRESSES: Submit written comments Estimated Number of Respondents: Information for Pre-Complaint on the collection of information through 384. Processing, VA Form 08–10192 Federal Docket Management System By direction of the Secretary: OMB Control Number: 2900–0716. (FDMS) at www.Regulations.gov, or to Kathleen M. Manwell, Type of Review: Revision request for Nancy J. Kessinger, Veterans Benefits inclusion of VA Form 08–10192. Administration (20M33), Department of Program Analyst, VA Privacy Service, Office Abstract: VA employees, former of Privacy and Records Management, Veterans Affairs, 810 Vermont Avenue Department of Veterans Affairs. employees and applicants for NW, Washington, DC 20420 or email to employment who believe they were [FR Doc. 2016–15985 Filed 7–5–16; 8:45 am] [email protected]. Please refer to denied employment based on race, ‘‘OMB Control No. 2900–0703 in any BILLING CODE 8320–01–P color, religion, gender, national origin, correspondence. During the comment age, physical or mental disability, period, comments may be viewed online DEPARTMENT OF VETERANS genetic information and/or reprisal for through the FDMS. AFFAIRS prior Equal Employment Opportunity FOR FURTHER INFORMATION CONTACT: activity complete VA Form 4939 to file Nancy J. Kessinger at (202) 632–8924 or [OMB Control No. 2900–0716] a complaint of discrimination. VA Form FAX (202) 632–8925. 08–10192 is the initial contact form Proposed Information Collection filled out by individuals who believe SUPPLEMENTARY INFORMATION: Under the (Complaint of Employment PRA of 1995 (Pub. L. 104–13; 44 U.S.C. they may have been discriminated Discrimination, VA Form 4939; against. 3501–21), Federal agencies must obtain Information for Pre-Complaint approval from the Office of Management Affected Public: Individuals or Processing, VA Form 08–10192) households. and Budget (OMB) for each collection of Activity: Comment Request information they conduct or sponsor. Estimated Annual Burden: 512. Estimated Average Burden per This request for comment is being made AGENCY: The Office of Resolution Respondent: 30 minutes. pursuant to section 3506(c)(2)(A) of the Management, Department of Veterans Frequency of Response: Annually. PRA. Affairs. Estimated Number of Respondents: With respect to the following ACTION: Notice. 1022. collection of information, VBA invites comments on: (1) Whether the proposed SUMMARY: The Office of Resolution By direction of the Secretary: collection of information is necessary Management (ORM), Department of Kathleen Manwell, for the proper performance of VBA’s Veterans Affairs (VA), is announcing an Program Analyst, VA Privacy Service, Office functions, including whether the opportunity for public comment on the of Privacy and Records Management, information will have practical utility; proposed collection of certain Department of Veterans Affairs. (2) the accuracy of VBA’s estimate of the information by the agency. Under the [FR Doc. 2016–15987 Filed 7–5–16; 8:45 am] burden of the proposed collection of Paperwork Reduction Act (PRA) of BILLING CODE 8320–01–P

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00110 Fmt 4703 Sfmt 9990 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44096 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

DEPARTMENT OF VETERANS Type of Review: Revision. providers for their services or beneficiaries AFFAIRS Abstracts: for covered expenses without the requested information. The information is instrumental [OMB Control No. 2900–0219] 1. VA Form 10–10d, Application for in the timely and accurate processing of CHAMPVA Benefits, is used to determine provider and beneficiary claims for Agency Information Collection: eligibility of persons applying for healthcare reimbursement. The frequency of (Civilian Health and Medical Program benefits under the CHAMPVA program in submissions is not determined by VA, but accordance with 38 U.S.C. Sections 501 and will determined by the provider or claimant of the Department of Veterans Affairs 1781. and will be based on the volume of medical (CHAMPVA) Benefits—Application, 2. VA Form 10–7959a, CHAMPVA Claim services and supplies provided to patients Claim, Other Health Insurance & Form, is used to adjudicate claims for and claims for reimbursement are submitted Potential Liability) CHAMPVA benefits in accordance with 38 individually or in batches. U.S.C. Sections 501 and 1781, and 10 U.S.C. 7. Review and Appeal Process Regarding Activity: Comment Request. Sections 1079 and 1086. This information is Provision of Health Care or Payment Relating required for accurate adjudication and AGENCY: Veterans Health to Provision of Health Care for Certain processing of beneficiary submitted claims. Administration, Department of Veterans Children of Korea and/or Vietnam Veterans. Affairs. The claim form is also instrumental in the detection and prosecution of fraud. In The provisions of 38 CFR 17.904 establish a ACTION: Notice. addition, the claim form is the only review process regarding disagreements by mechanism to obtain, on an interim basis, an eligible veteran’s child or representative SUMMARY: In compliance with the other health insurance (OHI) information. with a determination concerning provision of Paperwork Reduction Act (PRA) of 1995 3. Except for Medicaid and health health care or a health care provider’s (44 U.S.C. 3501–3521), this notice insurance policies that are purchased disagreement with a determination regarding announces that the Veterans Health exclusively for the purpose of supplementing payment. The person or entity requesting Administration (VHA), Department of CHAMPVA benefits, CHAMPVA is always reconsideration of such determination is required to submit such a request to the Chief Veterans Affairs, will submit the the secondary payer of healthcare benefits (38 U.S.C. Sections 501 and 1781, and 10 Business Office Purchased Care (CBOPC) collection of information abstracted (Attention: Chief, Customer Service), in below to the Office of Management and U.S.C. Section 1086). VA Form 10–7959c, CHAMPVA—Other Health Insurance (OHI) writing within one year of the date of initial Budget (OMB) for review and comment. Certification, is used to systematically obtain determination. The request must state why The PRA submission describes the OHI information and to correctly coordinate the decision is in error and include any new nature of the information collection and benefits among all liable parties. and relevant information not previously its expected cost and burden; it includes 4. The Federal Medical Care Recovery Act considered. After reviewing the matter, a the actual data collection instrument. (42 U.S.C. 2651–2653), mandates recovery of Customer Service Advisor issues a written determination to the person or entity seeking DATES: Comments must be submitted on costs associated with healthcare services related to an injury/illness caused by a third reconsideration. If such person or entity or before August 5, 2016. party. VA Form 10–7959d, CHAMPVA remains dissatisfied with the determination, ADDRESSES: Submit written comments Potential Liability Claim, provides basic the person or entity is permitted to submit on the collection of information through information from which potential liability within 90 days of the date of the decision a www.Regulations.gov, or to Office of can be assessed. Additional authority written request for review by the Director, Information and Regulatory Affairs, includes 38 U.S.C. Section 501; 38 CFR 1.900 CBOPC. Office of Management and Budget, Attn: et seq.; 10 U.S.C. Sections 1079 and 1086; 42 Affected Public: Individuals or VA Desk Officer; 725 17th St. NW., U.S.C. Sections 2651–2653; and Executive Order 9397. households. Washington, DC 20503 or sent through Estimated Annual Burden: _ 5. VA Form 10–7959e, VA Claim for electronic mail to oira submission@ Miscellaneous Expenses, information 1. VA Form 10–10d—4,411 hours. omb.eop.gov. Please refer to ‘‘OMB collection is needed to carry out the health 2. VA Form 10–7959a—37,336 hours. Control No. 2900–0219’’ in any care programs for certain children of Korea 3. VA Form 10–7959c—13,456 hours. correspondence. and/or Vietnam veterans authorized under 38 4. VA Form 10–7959d—467 hours. U.S.C., chapter 18, as amended by section 5. VA Form 10–7959e—206 hours. FOR FURTHER INFORMATION CONTACT: 401, Public Law 106–419 and section 102, Cynthia Harvey-Pryor, Enterprise 6. Payment (beneficially claims)—500 Public Law 108–183. VA’s medical hours. Records Service (005R1B), Department regulations 38 CFR part 17 (17.900 through of Veterans Affairs, 810 Vermont 17.905) establish regulations regarding 7. Review and Appeal Process—200 Avenue NW., Washington, DC 20420, provision of health care for certain children hours. (202) 461–5870 or email cynthia.harvey- of Korea and Vietnam veterans and women Estimated Average Burden Per [email protected]. Please refer to ‘‘OMB Vietnam veterans’ children born with spina Respondent: bifida and certain other covered birth defects. Control No. 2900–0219.’’ 1. VA Form 10–10d—10 minutes. These regulations also specify the 2. VA Form 10–7959a—10 minutes. SUPPLEMENTARY INFORMATION: information to be included in requests for 3. VA Form 10–7959c—10 minutes. Titles: preauthorization and claims from approved 4. VA Form 10–7959d—7 minutes. 1. VA Form 10–10d, Application for health care providers. 5. VA Form 10–7959e—15 minutes. CHAMPVA Benefits 6. Payment of Claims for Provision of Health Care for Certain Children of Korea 6. Payment (beneficially claims)—10 2. VA Form 10–7959a, CHAMPVA and/or Vietnam Veterans (includes provider minutes. Claim Form billing and VA Forms 10–7959e). This data 7. Review and Appeal Process—20 3. VA Form 10–7959c, CHAMPVA collection is for the purpose of claiming minutes. Other Health Insurance (OHI) payment/reimbursement of expenses related Frequency of Response: Annually. Certification to spina bifida and certain covered birth Estimated Annual Responses: 4. VA Form 10–7959d, CHAMPVA defects. Beneficiaries utilize VA Form 10– 1. VA Form 10–10d—26,468. Potential Liability Claim 7959e, VA Claim for Miscellaneous 2. VA Form 10–7959a—224,018. Expenses. Providers utilize provider 5. VA Form 10–7959e, VA Claim for 3. VA Form 10–7959c—80,733. Miscellaneous Expenses generated billing statements and standard billing forms such as: Uniform Billing-Forms 4. VA Form 10–7959d—4,000. 6. Payment (beneficially claims) UB–04, and CMS 1500, Medicare Health 5. VA Form 10–7959e—824. 7. Review and Appeal Process Insurance Claims Form. VA would be unable 6. Payment (beneficially claims)— OMB Control Number: 2900–0219. to determine the correct amount to reimburse 3,000.

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44097

7. Review and Appeal Process—600. 3501–21), Federal agencies must obtain DEPARTMENT OF VETERANS By direction of the Secretary. approval from the Office of Management AFFAIRS Kathleen Manwell, and Budget (OMB) for each collection of [OMB Control No. 2900–0798] Program Analyst, VA Privacy Service, Office information they conduct or sponsor. of Privacy and Records Management, This request for comment is being made Proposed Information Collection Department of Veterans Affairs. pursuant to Section 3506(c)(2)(A) of the (Beneficiary Travel Mileage [FR Doc. 2016–15983 Filed 7–5–16; 8:45 am] PRA. Reimbursement Application Form, VA BILLING CODE 8320–01–P With respect to the following Form 10–3542) collection of information, NCA invites Activity: Comment Request comments on: (1) Whether the proposed AGENCY: Veterans Health DEPARTMENT OF VETERANS collection of information is necessary Administration, Department of Veterans AFFAIRS for the proper performance of NCA’s Affairs. [OMB Control No. 2900–0559] functions, including whether the ACTION: Notice. information will have practical utility; Proposed Information Collection (State (2) the accuracy of NCA’s estimate of the SUMMARY: The Veterans Health Cemetery Data Sheet and Cemetery burden of the proposed collection of Administration (VHA), Department of Veterans Affairs (VA), is announcing an Grant Document) Activity: Comment information; (3) ways to enhance the Request opportunity for public comment on the quality, utility, and clarity of the proposed collection of certain AGENCY: National Cemetery information to be collected; and (4) information by the agency. Under the Administration, Department of Veterans ways to minimize the burden of the Paperwork Reduction Act (PRA) of Affairs. collection of information on 1995, Federal agencies are required to ACTION: Notice. respondents, including through the use publish notice in the Federal Register of automated collection techniques or concerning each proposed collection of SUMMARY: The National Cemetery the use of other forms of information information, including each proposed Administration (NCA), Department of technology. extension of a currently approved Veterans Affairs (VA), is announcing an Title: State Cemetery Data, VA Form collection, and allow 60 days for public opportunity for public comment on the comment in response to the notice. This proposed collection of certain 40–0241 and Cemetery Grant Documents, 40–0895 Series. notice solicits comments on the VHA information by the agency. Under the Beneficiary Travel (BT) program, which Paperwork Reduction Act (PRA) of OMB Control Number: 2900–0559. provides mileage reimbursement to 1995, Federal agencies are required to Type of Review: Revision of an qualified Veterans or other claimant(s) publish notice in the Federal Register approved collection. who incur expense in traveling to concerning each proposed collection of healthcare. information, including each revised Abstract: VA Form 40–0241 and DATES: Written comments and collection allow 60 days for public Cemetery Grant Documents, 40–0895 recommendations on the proposed comment in response to the notice. This Series, are required to provide data collection of information should be notice solicits comments on information regarding the number of interments received on or before September 6, needed to determine when to begin conducted at State Veterans cemeteries 2016. development of additional acreage for and support grant applications each burial space and, in so doing, to year. This data is necessary for budget, ADDRESSES: Submit written comments anticipate when to provide money to oversight and compliance purposes on the collection of information through expand or improve these National associated with exiting and Federal Docket Management System Cemeteries. establishment of new State and Tribal (FDMS) at www.Regulations.gov or to Brian McCarthy, Office of Regulatory DATES: government Veteran cemeteries. Written comments and and Administrative Affairs, Veterans Affected Public: Individuals or recommendations on the proposed Health Administration (10B4), collection of information should be households. Department of Veterans Affairs, 810 received on or before September 6, Estimated Annual Burden: 10,049. Vermont Avenue NW., Washington, DC 2016. Estimated Average Burden per 20420 or email: Brian.McCarthy4@ ADDRESSES: Submit written comments Respondent: 15 minutes. va.gov. Please refer to ‘‘OMB Control on the collection of information through No. 2900–0798’’ in any correspondence. Federal Docket Management System Frequency of Response: One-time. During the comment period, comments (FDMS) at www.Regulations.gov or to Estimated Number of Respondents: may be viewed online through the Willie Lewis, National Cemetery 286. FDMS. Administration (43D3), Department of Dated: June 11, 2016. FOR FURTHER INFORMATION CONTACT: Veterans Affairs, 810 Vermont Avenue By direction of the Secretary. Brian McCarthy at (202) 461–6345. NW., Washington, DC 20420; or email: SUPPLEMENTARY INFORMATION: Under the [email protected]. Please refer to Kathleen Manwell, PRA of 1995 (Pub. L. 104–13; 44 U.S.C. ‘‘OMB Control No. 2900–0559’’ in any Program Analyst, VA Privacy Service, Office 3501–3521), Federal agencies must correspondence. During the comment of Privacy and Records Management, obtain approval from the Office of period, comments may be viewed online Department of Veterans Affairs. Management and Budget (OMB) for each through the FDMS. [FR Doc. 2016–15986 Filed 7–5–16; 8:45 am] collection of information they conduct FOR FURTHER INFORMATION CONTACT: BILLING CODE 8320–01–P or sponsor. This request for comment is Willie Lewis at (202) 461–4242 or FAX being made pursuant to Section (202) 501–2240. 3506(c)(2)(A) of the PRA. SUPPLEMENTARY INFORMATION: Under the With respect to the following PRA of 1995 (Pub. L. 104–13; 44 U.S.C. collection of information, VHA invites

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES 44098 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices

comments on: (1) Whether the proposed OMB Control Number: 2900–0798. program that calculates the mileage and collection of information is necessary Type of Review: Extension of a resulting reimbursement. for the proper performance of VHA’s Currently Approved Collection. Affected Public: Individuals or functions, including whether the households. information will have practical utility; Abstract: The information collection Estimated Annual Burden: 580,000 (2) the accuracy of VHA’s estimate of is for beneficiaries to apply for the BT hours. the burden of the proposed collection of mileage reimbursement benefit. VHA Estimated Average Burden per information; (3) ways to enhance the determines the identity of the claimant, Respondent: 3 minutes. quality, utility, and clarity of the the dates and length of the trip being Frequency of Response: 8 per year. information to be collected; and (4) claimed based on addresses of starting Estimated Number of Respondents: ways to minimize the burden of the and ending points, and whether 1,450,000. collection of information on expenses other than mileage are being By direction of the Secretary. respondents, including through the use claimed. The claimant is required to Kathleen M. Manwell, sign the form. The form is used only of automated collection techniques or Program Analyst, VA Privacy Service, Office the use of other forms of information when the claimant chooses not to apply of Privacy and Records Management, technology. verbally and is provided for their Department of Veterans Affairs. Title: Beneficiary Travel Mileage convenience. Once the information is [FR Doc. 2016–15988 Filed 7–5–16; 8:45 am] Reimbursement Application Form. obtained it is entered into a software BILLING CODE 8320–01–P

VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00113 Fmt 4703 Sfmt 9990 E:\FR\FM\06JYN1.SGM 06JYN1 ehiers on DSK5VPTVN1PROD with NOTICES Vol. 81 Wednesday, No. 129 July 6, 2016

Part II

Department of Housing and Urban Development

24 CFR Part 982 Housing Choice Voucher Program—New Administrative Fee Formula; Proposed Rule

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44100 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

DEPARTMENT OF HOUSING AND Division, Office of General Counsel, 20410; telephone number 202–402–5152 URBAN DEVELOPMENT Department of Housing and Urban (this is not a toll-free number). Persons Development, 451 7th Street SW., Room with hearing or speech impairments 24 CFR Part 982 10276, Washington, DC 20410–0500. may access this number by calling the [Docket No. FR–5874–P–03] Communications must refer to the above Federal Relay Service at 800–877–8339 docket number and title. There are two (this is a toll-free number). RIN 2577–AC99 methods for submitting public SUPPLEMENTARY INFORMATION: comments. All submissions must refer Housing Choice Voucher Program— to the above docket number and title. I. Executive Summary New Administrative Fee Formula 1. Submission of Comments by Mail. A. Purpose of This Proposed Rule AGENCY: Office of the Assistant Comments may be submitted by mail to The purpose of this rule is to establish Secretary for Public and Indian the Regulations Division, Office of a formula for determining fees to be Housing, HUD. General Counsel, Department of paid to PHAs for administration of an ACTION: Proposed rule. Housing and Urban Development, 451 HCV program that better captures the 7th Street SW., Room 10276, costs of the program and that therefore SUMMARY: This rule proposes a new Washington, DC 20410–0500. better compensates PHAs for their methodology for determining the 2. Electronic Submission of administration of an HCV program. The amount of funding a public housing Comments. Interested persons may existing fee formula was established in agency (PHA) will receive for submit comments electronically through 2008 and calculates two fee rates (1) a administering the Housing Choice the Federal eRulemaking Portal at fee rate that applies to the first 7,200 Voucher (HCV) program—one that uses www.regulations.gov. HUD strongly voucher unit months under lease; and factors that a recently completed study encourages commenters to submit (2) a fee rate that applies to all demonstrates are more reflective of how comments electronically. Electronic subsequent unit months under lease. much it costs to administer the HCV submission of comments allows the Both fee rates are based on a percentage program. Ongoing administrative fees commenter maximum time to prepare of the 1993 or 1994 fair market rent, under the HCV program are currently and submit a comment, ensures timely limited by floor and ceiling amounts, calculated based on the number of receipt by HUD, and enables HUD to and multiplied by an inflation factor vouchers under lease and a percentage make them immediately available to the that captures the increase in local wage of the 1993 or 1994 local fair market public. Comments submitted rates over time. Since 2008, rent, with an annual inflation electronically through the administrative fees for the HCV program adjustment. The new administrative fee www.regulations.gov Web site can be have been prorated to remain within the formula proposed by this rule is based viewed by other commenters and amounts authorized under HUD’s on a study conducted by Abt Associates interested members of the public. annual appropriations acts. for HUD that measured the actual costs Commenters should follow the As noted in the Summary, the formula of operating high-performing and instructions provided on that site to proposed in this rule is based on a study efficient HCV programs and submit comments electronically. conducted by Abt Associates 1 and their recommended a new administrative fee Note: To receive consideration as public recommendation that the formula be formula. In this rule, HUD proposes to comments, comments must be submitted based on specific cost factors that are adopt the recommended formula with through one of the two methods specified discussed in detail in this preamble. modifications based largely on above. Again, all submissions must refer to The proposed formula would not be tied comments HUD received in response to the docket number and title of the rule. to FMRs, as is currently the case. The a June 26, 2015 notice that solicited No Facsimile Comments. Facsimile study advised that FMRs do not have a comment on the study. (fax) comments are not acceptable. strong link to administrative costs. For This rule proposes an ongoing Public Inspection of Public the reasons presented in this preamble administrative fee for a PHA that would Comments. All properly submitted and the accompanying Regulatory be calculated based on six variables: comments and communications Impact Analysis, HUD believes that the Program size, wage rates, benefit load, submitted to HUD will be available for formula proposed in this rule better percent of households with earned public inspection and copying between captures the costs of administration of income, new admissions rate, and 8 a.m. and 5 p.m. weekdays at the above an HCV program. percent of assisted households that live address. Due to security measures at the a significant distance from the PHA’s B. Summary of Major Provisions of This HUD Headquarters building, an advance Proposed Rule headquarters. The PHA’s fee would be appointment to review the public calculated each year based on these cost comments must be scheduled by calling The major provisions of the proposed factors and a revised inflation factor the Regulations Division at 202–402– rule relate to HUD’s regulations in 24 would be applied to the calculated fee. 3055 (this is not a toll-free number). CFR 982.152, which are the regulations This proposed rule also provides HUD Individuals with speech or hearing for the administrative fee. This with the flexibility to provide additional impairments may access this number proposed rule would revise the fees to PHAs to address program via TTY by calling the Federal Relay regulations in paragraph (b) of this priorities such as special voucher Service, toll-free, at 800–877–8339. section, which sets out the formula for programs (e.g., the HUD-Veterans Copies of all comments submitted are determining the ‘‘ongoing’’ Affairs Supportive Housing program), available for inspection and administrative fee. The ongoing serving homeless households, and downloading at www.regulations.gov. administrative fee is paid to a PHA for expanding housing opportunities. each unit under a housing assistance FOR FURTHER INFORMATION CONTACT: DATES: Comment Due Date: October 4, payment (HAP) contract. The proposed Amy Ginger, Director, Office of Housing rule replaces the existing language in 2016. Voucher Programs, Office of Public and ADDRESSES: Interested persons are Indian Housing, Department of Housing 1 The draft final report for this study was invited to submit comments regarding and Urban Development, 451 7th Street published in April 2015 and the final report was this proposed rule to the Regulations SW., Room 4228, Washington, DC published in August 2015.

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44101

this paragraph with a new formula that percent captures changes in the general Æ The FY 1993 FMR for a 2 bedroom is based on the study, HUD’s further cost of goods and services. existing dwelling unit in the market analysis of the study results, and area, or C. Costs and Benefits of This Proposed comments received on the June 26, 2015 Æ The amount that is the lesser of the Rule Solicitation of Comment, and FY 1994 FMR for the same type of unit highlighted in the Summary and Section The proposed rule advances a new or 103.5 percent of the 1993 FMR for the I.A. of this preamble. Section methodology for determining the same type of unit. 982.152(b), as proposed to be revised by amount of funding a PHA will receive HUD currently adjusts these amounts this rule, lists the formula cost factors for administering the HCV program. The annually based on an inflation factor used to determine the administrative methodology is expected to provide a that is calculated using the Bureau of fee. These factors are based on an more accurate estimate of PHA-specific Labor Statistics Quarterly Census for analysis of the actual relationship costs than the current method, which is Employment and Wages (QCEW). The between specific cost drivers 2 and a based on FMRs. The most substantive inflation factor reflects the percentage PHA’s administrative costs, using the economic impact of the rule will be a change in local government wages since most recent available data for the transfer from lower-cost to higher-cost 1993, based on the most recent annual following factors: PHA program size, the PHAs. Approximately, $122 million will data available at the time the fee is being wage index, the benefit load, the percent be transferred between PHAs, primarily calculated. of households with earned income, the from large to small PHAs. The aggregate For years after 1999, section 8(q)(1)(C) new admissions rate, the percent of transfer depends upon the assumed of the 1937 Act (42 U.S.C. voucher holders living more than 60 level of appropriation ($1,642 million) 1437f(q)(1)(C)) provides that HUD shall miles from the PHA’s headquarters and for HCV administration. For the base publish a Federal Register notice setting any additional factors that may be case scenario, the transfer represents 7.4 the administrative fee for each established by HUD, as determined percent of administrative funds. Despite geographic area. The fee is to be based relevant to calculation of a fee that will the large transfer, these funds remain on changes in wage data or other reflect the actual costs of administration within the HCV Program and continue objectively verifiable data that reflect of the HCV program. to assist similar households. the costs of administering the program, The benefits and costs of the rule are as determined by HUD. Despite this The new language for § 982.152 qualitative. A benefit of the rule will be provides that HUD will adjust the broad statutory authority, HUD has the improvement in the allocation of not—until now—proposed updating the administrative fee determined under the funds. Allocating funds in accordance new calculation if necessary to stay administrative fee formula based on with the estimated cost of operation will changes in wage data or other within maximum and minimum lead to a better-run program. However, administrative fee amounts determined objectively measurable data that reflect transition to the new formula may incur the costs of operating the voucher by HUD. The proposed rule provides (as some negligible administrative costs. discussed further below) that for PHAs program. outside the U.S. Territories, the II. Background Funding for Administrative Fees maximum ongoing administrative fee is The Current Housing Choice Voucher Before 2003, PHAs generally received based on $109, adjusted for inflation, Administrative Fee Formula Housing Assistance Payment (HAP) and the minimum ongoing HUD provides funding to over 2,200 funding for all the units under their administrative fee is based on $42, PHAs to administer more than 2.2 authority and the full amount of adjusted for inflation. For PHAs in the million HCVs nationwide, using a administrative fees authorized by the fee U.S. Territories, the proposed rule formula that was established by statute formula in place for all leased units. provides (as discussed further below) in 1998 and applies from 1999 forward. After 2003, administrative fees began to that the maximum ongoing This administrative fee formula is based be reduced in different ways. In 2003, administrative fee is based on $109, primarily on fair market rents (FMRs) PHAs still received fees based on the adjusted for inflation, and the minimum from Fiscal Years (FY) 1993 or 1994, number of units leased. However, the ongoing administrative fee is based on and is found in section 8(q)(1) of the fees received were reduced by the $54, adjusted for inflation. The United States Housing Act of 1937 (1937 amount of the PHA’s administrative fee proposed rule provides that the ongoing Act), which was established in its reserves in excess of 105 percent of their administrative fee ceiling and floor current form by Title V, section 547 of calendar year (CY) 2002 fees.3 Fees for amounts will be adjusted annually for the Quality Housing and Work CY 2004 through CY 2007 were not inflation in accordance with Responsibility Act (Pub. L. 105–276, based on the number of units leased but § 982.152(b)(1)(iii). approved October 21, 1998). rather on the previous year’s fee The proposed rule includes an The FY 1999 calculation is found in eligibility, adjusted for any new units inflation factor that will be used to section 8(q)(1)(B) of the 1937 Act (42 allocated after 2003. Therefore, in these account for inflation that has taken U.S.C. 1437f(q)(1)(B)), and provides that years, fees were essentially frozen at the place between 2013, when the ongoing the monthly fee for which a dwelling CY 2003 level with the only increase to administrative fee formula’s cost drivers unit is covered by an assistance contract the fee base coming from new units. were measured, and the point in time at shall be as follows: Beginning in CY 2008, administrative which the amount of the ongoing • For a PHA with 600 or fewer units fees were once again earned on the basis administrative fee is determined (i.e., 7,200 unit months leased (UML) or of vouchers leased in accordance with annually by HUD. As further discussed less), 7.65 percent of the base amount. section 8(q) of the 1937 Act. During this below, the inflation factor is a blended • For a PHA with more than 600 rate, where 70 percent of the inflation units, the fee is 7.65 percent of the base 3 The 2003 reduction is in Public Law 108–7, rate captures changes in the cost of amount for the first 600 units and 7.0 Consolidated Appropriations Resolution, 2003, Div. employee wages and benefits and 30 percent of the base amount for K, Tit. II, numbered paragraph (5) under the Public and Indian Housing—Housing Certificate Fund additional units above 600. account section, as well as the annual 2 A cost driver is a factor that triggers a change The base amount is calculated as the administrative fee notice in the Register, 68 FR in the cost of an activity. higher of: 24078 (May 6, 2003).

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44102 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

time, administrative fees were prorated different direct time measurement received by PHAs with 250 or fewer in order to stay within the amounts methods; (3) collected detailed direct vouchers under lease.6 appropriated under HUD’s time measurement data using Random (2) Wage index: The ratio of the appropriations acts. From CY 2008 Moment Sampling (RMS) via statewide average metropolitan or through CY 2010, the administrative fee smartphones; and (4) captured all costs nonmetropolitan wage rate for local proration was 90 percent or higher, incurred by the HCV program (labor, government workers in the PHA’s state, meaning that PHAs received 90 percent non-labor, direct, indirect, overhead to the national average wage rate for (or more) of the administrative fees they costs) over an 18 month period at the 60 local government workers.7 would have received if full funding sample PHAs. A large and active expert (3) Health insurance cost index: The were available. Since 2011, however, and industry technical review group ratio of the cost (to employers) of health the annual proration to the (EITRG)—consisting of representatives insurance in the PHA’s state, to the administrative fee has decreased, from the major affordable housing national average cost (to employers) of reaching a low in 2013 of 69 percent as industry groups, executive directors and health insurance. a result of Federal budget sequestration HCV program directors from high- (4) Percent of households with earned but rising to 79.8 percent in 2014. performing PHAs, affordable housing income: The percentage of HCV Although the HCV program as a industry technical assistance providers, households served by the PHA that has whole has grown in the past 5 years, housing researchers, and industrial income from wages. PHAs have generally received less engineers—reviewed the study design (5) New admissions rate: The number funding for the administration of the and results at separate stages in the of households admitted to the PHA’s program. Indeed, because of funding study and provided invaluable HCV program (as a result of turnover or challenges, some PHAs have opted to feedback. new allocations of vouchers) as a give up their HCV programs—requesting In accordance with the guidelines for percentage of the total households HUD to transfer their programs to other ‘‘peer review’’ of ‘‘influential and highly served. entities. Since 2010, more than 160 influential scientific information’’ in the (6) Small area rent ratio: A measure PHAs have transferred their HCV Information Quality Bulletin of the of how the average rents in the areas programs to other entities. Office of Management and Budget where a PHA’s voucher participants live In an environment with constrained (OMB), dated December 16, 2004, and compare with the average rents for the funding, it is critical for HUD to have published in the Federal Register on overall area. accurate, reliable information on how January 14, 2005, 70 FR 2664–2677, (7) 60 miles: The percentage of HCV much it costs to administer a well-run HUD’s Office of Policy Development households served by the PHA that live HCV program. HUD therefore initiated, and Research asked two industrial more than 60 miles away from the and Congress funded, an HCV engineers who are experts in time-and- PHA’s headquarters. Administrative Fee Study to ascertain motion research (Dr. Nicola Shaw and Since the recommended formula how much it costs a PHA to run a high- Dr. Kai Zheng) and one economist who predicts the per-unit costs for performing and efficient HCV program, is an expert in assisted housing (Dr. administering the program from July 1, identify the main factors that account Edgar Olsen) to review the HCV 2013, through June 30, 2014, the for the variation in administrative costs Program Administrative Fee Study Draft formula must be adjusted to reflect among PHAs, and develop a new Final Report. The results of the peer changes in the cost of goods and administrative fee formula for review are posted on the study’s Web services over time. That is, the formula reimbursing PHAs based on the study’s site at http://www.huduser.gov/portal/ needs a factor to account for inflation. findings. hcvfeestudy.html. The study recommends a blended inflation rate that distinguishes between HCV Administrative Fee Study The study represents the most (i) change in wage rates over time; (ii) rigorous and thorough examination of The HCV Program Administrative Fee change in health insurance costs over the cost of administering a high- Study Draft Final Report was published time; and (iii) change in non-labor costs performing and efficient HCV program on April 8, 2015 and the HCV Program over time. 4 conducted to date, and provides the Administrative Fee Study Final Report The study’s recommended formula 5 basis for calculating a fee formula based was published on August 21, 2015. The would also change the method by which on actual PHA costs across a diverse study: (1) Identified a diverse sample of PHAs are reimbursed for the sample of PHAs. Both the study’s 60 PHAs administering high performing administrative costs associated with recommended formula and the formula and efficient HCV programs to tenant portability. This proposed rule participate in the study; (2) tested proposed by this regulation are based on variables with better theoretical and 6 The study found that PHAs with 500 or fewer 4 The main differences between the draft and the statistical connection to the vouchers under lease had significantly higher per final report involve slight changes to the administrative costs of the HCV program unit costs. In a fee formula, a binary variable that coefficients because of a more accurate way of than the 1993 or 1994 FMRs. separates PHAs into two groups—one with 500 calculating the new admissions rate. This affects vouchers or fewer and one with more than 500 chapters 6 and 7 and is explained in footnote 90 The study analyzed over 50 potential vouchers—would result in a cliff effect; that is, a in the final report (chapter 6, pg. 118). Other cost variables. The study’s substantial drop-off in fees after a PHA exceeds 500 changes in the final report involved clarifications to recommended administrative fee vouchers under lease. To avoid the cliff effect, the table notes, copy edits, corrections of typographical formula provides additional fees to PHAs with errors, and adding the executive summary to the formula was based on a regression fewer than 750 vouchers under lease on a sliding final report. The formula tools and spreadsheets model using the following seven scale. The study found that the 250-to-750 range that were posted on the study Web site (http:// variables: minimized the cliff effect without weakening the www.huduser.org/portal/hcvfeestudy.html) and the formula’s accuracy in predicting costs. Solicitation of Comment reflected the updated (1) Program size: The number of 7 If the PHA’s headquarters is located in a coefficients. vouchers under lease, including port-ins metropolitan county, the PHA is assigned the 5 The study can be found at: http:// and excluding port-outs. PHAs receive average local government wage for the metropolitan www.huduser.org/portal/hcvfeestudy.html. In an additional fee per voucher if they counties in the PHA’s state. If the PHA’s addition to the study, HUD comprehensively headquarters is in a nonmetropolitan county, the described the study’s methodology and findings in have fewer than 750 vouchers under PHA is assigned the average local government wage the Solicitation of Comment discussed below. lease, with the most additional fee for the nonmetropolitan counties in the PHA’s state.

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44103

incorporates the study’s formula or supplemental fees to support IV. Factors Considered by HUD in recommendation on administrative fees PHAs in addressing program priorities, Development of Its Proposed for portability, which is described in strategic goals, and policy objectives at Administrative Fee Formula detail later in this preamble. the local and national level (as The administrative fee formula The study’s recommended formula discussed in section 7.7 of the HCV proposed by this rule is largely based on accurately predicts 63 percent of the Administrative Fee Study). the recommended formula developed as variance in agency costs among the 60 part of the HCV Administrative Fee PHAs studied. Given the complexity of III. HUD’s Proposed New Study. The formula is created by a the HCV program and the heterogeneity Administrative Fee regression model which explains the of the United States, this is an extremely Significant modifications to the relationship between the actual high predictive value. The current study’s recommended formula variables administrative costs and 6 cost drivers formula only accounts for 33 percent of in HUD’s proposed formula. In response for the 60 study PHAs. Each of the 6 the variance in agency costs, so the to comments received on the June 26, cost drivers (also known as formula study’s formula represents a nearly 100 2015, notice, HUD made three percent increase over the current variables) has both a theoretical and significant modifications to the study’s empirical basis for affecting formula in terms of its predictive value. recommended fee formula in developing While 63 percent is a very high administrative costs across all PHAs. HUD’s proposed administrative fee The formula variables are discussed predictive value, the study notes that formula. These three modifications there are costs that may not be below, as is the rationale for eliminating affect the proposed formula by changing the small area rent ratio (SARR) variable accounted for in the proposed formula. variables as follows: An example of this is the up-front time that was included in the study’s • to establish a HUD-Veterans Affairs First, for PHAs in metropolitan recommended formula but dropped Supportive Housing (VASH) program. areas, the wage index formula variable from the proposed formula set forth by Moreover, the study notes that program is based on the average local this rule. rules may change which could impact government wage rate for the PHA’s The following provides an overview costs. For example, PHAs may adopt metropolitan Core Based Statistical Area of how HUD’s new proposed streamlining activities that result in (CBSA), rather than the average local administrative fee formula was fewer inspections and may result in government wage rate for all of the developed. lower administrative costs. Finally, the metropolitan counties in the PHA’s Objective of the formula: One of the study identifies four areas for further state. main objectives of the HCV analysis and consideration in • Second, the health insurance cost Administrative Fee Study was to developing the administrative fee index formula variable has been develop a fee formula that would more formula: (i) Administering the HUD– replaced with a new ‘‘benefit load’’ accurately account for the variation in VASH program; (ii) serving homeless formula variable, which is designed to the cost of administration among PHAs. households; (iii) providing PHAs more accurately reflect the variation in As noted earlier, the current formula is performance incentives; and (iv) costs for all benefits that are paid on based on an assumption that the expanding housing opportunities. behalf of HCV employees, as opposed to differences in FMRs correlate with the using health insurance costs as a proxy differences in wage rates and other Solicitation of Comment on HCV variables that account for the variation Administrative Fee Study to account for the variation in all benefit costs. in PHA administrative costs. Unlike the current formula, the study’s On June 26, 2015, at 80 FR 36382, • HUD published a Federal Register Third, the small area rent ratio recommended formula is based on an notice seeking public comment on the (SARR) variable has been removed from analysis of the actual relationship variables identified by the HCV the proposed formula. HUD is sensitive between specific cost drivers and the Administrative Fee Study as impacting to the concerns that the SARR may be PHAs’ administrative costs. That administrative fee costs and on how more of an artifact of where PHA analysis was used to appropriately HUD might use the study findings to jurisdictions are located than an incorporate the impact of the most develop a new administrative fee indicator of the level of additional effort significant cost drivers into the formula (Solicitation of Comment to expand housing opportunities or calculation of the administrative fee for Notice). In particular, HUD requested recruit landlords in what may be more individual PHAs. comment on the 7 formula factors that expensive rental markets. HUD was also Measuring actual administrative costs comprised the study’s recommended concerned about the instability of the per unit months leased (UML): The first formula (wages, program size, health variable when tested with other step in developing the administrative insurance cost index, percent of combinations of variables in different fee formula proposed in this rule was to households with earned income, new regression models. measure the actual administrative costs admissions rate, small area rent ratio, HUD received 95 comments in per UML at each of the 60 PHAs in the and percent of households more than 60 response to the June 26, 2015, notice. study. The study used RMS time miles from the PHA’s headquarters); the The public comments can be found at: measurement and cost data collection to inflation factor used to adjust the http://www.regulations.gov/ capture all of the costs associated with administrative fee formula; proposed #!docketDetail;D=HUD-2015-0058. HUD operating a high performing and administrative fee floors; maximum addresses significant issues raised by efficient HCV program at each of the 60 administrative fee funding; adjusting the commenters, explains the bases for PHAs. The study measured a total administrative fees for future program the changes that HUD made to its annual HCV administrative cost for each changes; and reducing funding proposed administrative fee formula PHA, which included labor, non-labor, disruptions for the relatively small that differ from the study’s and overhead costs. Because the PHAs number of PHAs that would likely have recommended administrative fee in the sample ranged in size from just a decrease in funding under the study’s formula, and seeks specific comment on over 100 vouchers to more than 45,000 proposed formula. In addition, HUD several issues in Section IV of this vouchers, the study divided each PHA’s sought comment on modifications to the preamble. total yearly administrative costs by its

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44104 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

number of UMLs over the year to arrive with higher values for the tested variables to determine how much each at an administrative cost per UML for variable also have higher UML cost driver affected the administrative each PHA in the study. The costs were administrative costs. A negative costs for the sample PHAs, holding the collected for the year 2013, and the coefficient means that PHAs with higher other factors constant, and the administrative cost per UML ranged values for the tested variable have lower consistency of the relationship between from $42.06 to $108.87 across the 60 UML administrative costs. the proposed cost driver and the UML PHAs. In addition to assigning each cost when the other factors are Assessing the wide variation in UML coefficient a positive or negative value, controlled for. administrative costs: After measuring the regression model calculates the The process for testing cost drivers: the actual administrative costs for each statistical significance of the coefficient The study team started with a simple PHA, the next step was to identify the or variable. The study’s regression regression model with two cost drivers: PHA, program, and market model identified variables as Program size and local wage rates. Each characteristics that help explain the statistically significant at the 1 percent, of these cost drivers was found to be wide variation in UML administrative 5 percent, and 10 percent level, or not highly significant. The team then added costs observed across the 60 PHAs. The statistically significant. The percent each of the remaining potential cost PHA, program, and market level indicates the degree of confidence drivers one at a time to test their characteristics are the factors that affect that the analyst and the public can have significance once program size and local or drive each PHA’s administrative in the variable’s relationship to the UML wage rates were taken into account. For costs, referred to in the study as cost administrative cost. In empirical example, one potential cost driver was drivers. The study team, in consultation studies, all statistical relationships are the rate of new admissions to the HCV with HUD and the expert and industry measured with random error introduced program, which the study team and technical review group (EITRG), by sampling only a random portion of EITRG reasoned could impact a PHA’s identified and tested more than 50 the population instead of the whole administrative costs. Numerous potential cost drivers that could population. combinations of variables were tested to theoretically be expected to affect HCV Statisticians have developed find the set of factors that best explained administrative costs. yardsticks for the risk of error associated the observed variation in UML Use of ordinary least squares (OLS) to with the measurement of any particular administrative cost for the 60 study determine potential cost drivers that relationship. If the variable is PHAs. Readers are encouraged to read have most impact on HCV statistically significant at the 1 percent chapters 6 and 7 of the HCV Program administrative costs: The study team level, that means there is a less than 1 Administrative Fee Study Final Report used a statistical method known as OLS percent probability that the true for a complete list and description of all multivariate regression to determine relationship between that variable and the potential cost drivers that were which of the 50 potential cost drivers UML cost is zero. For example, if the tested, the results of those tests, and the had the most impact on HCV coefficient is positive, that means that rationale through which the study team administrative costs and which factors, the analyst and the public can be at least decided on the cost factors that were in combination with one another, could 99 percent sure that the variable is ultimately included in the study’s best explain or predict the consistently associated with a higher recommended formula. administrative costs per UML measured UML cost. If a variable is statistically The cost drivers that were identified for the 60 PHAs in the study. OLS significant at the 10 percent level, there as the best explanatory variables for the multivariate regression finds the best is a less than 10 percent probability that fee formula under this proposed rule are linear fit to the data when the analyst the variable and the administrative cost program size, wage index, benefit load, knows that two or more variables affect per unit month relationship have a true percent of households with earned the outcome of interest, which is clearly correlation of zero, so the analyst would income, new admissions rate, and the case when the outcome is UML have at least 90 percent confidence that percent of households residing more administrative cost. OLS regressions the variable was consistently associated than 60 miles from the PHA’s have a dependent variable that the with higher cost. Both variables are headquarters. The OLS regression uses model is trying to explain (in this case, statistically significant, but the analyst the actual values of these explanatory UML administrative cost) and the and the public will have more variables for each PHA to predict the independent variables (also referred to confidence in the measurement if it is PHA’s administrative cost per UML, as ‘‘explanatory’’ variables), such as statistically significant at the 1 percent which becomes the ongoing PHA employee wages, program size, and level. Variables that are not statistically administrative fee for the PHA under other cost drivers. In addition to significant may still affect UML the fee formula. determining the best linear relationship administrative cost, but the analyst and Measuring regression by R-squared between the dependent variable and the the public will not be able to make value: A key explanatory measure of a independent variables of the sample confident and objective assertions about regression is the R-squared value. The PHAs, the regression model then allows their impact. R-squared of a regression is the the statistician to better predict the As noted above, the dependent percentage of the variance in the value of the dependent variable for variable the administrative fee formula dependent variable (in this case UML PHAs outside of the sample, based on is predicting through the OLS regression administrative cost) that is accounted the values of the independent variables is the UML administrative cost. The for by the model. The R-squared for the for those PHAs. actual administrative cost per UML was regression model used to develop the The significance of a coefficient: In a determined for the 60 study PHAs proposed formula under this rule is regression model, the independent through the measurement of staff time 0.62, which means that the combination variables, or cost drivers, are coefficients spent on HCV administration using of the six independent variables in the model. A coefficient can either random moment sampling (RMS) and explains 62 percent of the observed have a positive or a negative value and cost data collection. The OLS regression variation in UML administrative cost can have different levels of statistical tested the relationship between the across the 60 PHAs. Although the significance. In the study’s model, a actual UML administrative costs and predictive value of the study’s positive coefficient means that PHAs various combinations of independent recommended formula was slightly

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44105

higher (63 percent), HUD believes that proposed rule is still a much higher R- Formula calculation for HUD’s the benefits of the changes made as a squared than the study expected, given proposed rule: The proposed ongoing result of the comments received in the wide variety of factors that could administrative fee formula calculation response to the Solicitation of Comment potentially affect HCV administrative based on the OLS regression model is as Notice outweigh the small decrease in costs. (As discussed earlier, the current follows: the R-squared. The predictive value of FMR-based formula only accounts for 33 the administrative fee formula in this percent of the variation of costs.)

TABLE 1—BASE FEE FORMULA CALCULATION

Formula variable Applies to Calculation 8

Program size 1 ...... PHAs with 250 or fewer units ...... + $13.94 ($13.94 × 1). Program size 2 ...... PHAs with 251 to 749 units ...... + $13.94 × [1-(units-250)/500]. Program size 3 ...... PHAs with 750 or more units ...... + $0 ($13.94 × 0). Wage index ...... All PHAs ...... + $31.53 × PHA’s wage index. Benefit load ...... All PHAs ...... + $0.78 × PHA’s benefit load. Percent of households with earned All PHAs ...... + $1.02 × % of PHA’s households with earned income. income. New admissions rate ...... All PHAs ...... + $0.15 × % of PHA’s households that are new admissions. Percent of households more than All PHAs ...... + $0.83 × % of PHA’s households living more than 60 miles from 60 miles from PHA HQ. PHA HQ. Intercept 9 ...... All PHAs ...... ¥$33.47. Fee ...... Per Unit Month Leased (UML) ...... = $.

Each variable in the administrative fee The PHA receives the administrative Comments on Program Size formula has a monetary value that is fee from HUD for each unit month equal to the positive coefficient estimate leased for all of the vouchers it is Program Size. The study’s cost determined by the regression model. administering, including any vouchers regression models consistently found The formula coefficient is then under lease that the PHA is that programs with more than 500 multiplied by the individual PHA’s administering as a receiving PHA under vouchers under lease had significantly variable value.10 For example, assume the portability billing procedures. lower per unit costs than programs with that the PHA had a wage index of 1.21. However, the PHA does not receive the 500 vouchers or fewer. In order to avoid The dollar value of the wage index for administrative fee for any of its a cliff effect—where a PHA this PHA is calculated by multiplying vouchers administered by other PHAs administering 499 vouchers would the wage index coefficient of $31.53 by under the portability procedures billing receive a significantly higher fee than a the PHA’s variable value of 1.21, which option. Instead the PHA will receive a PHA administering 501 vouchers—the equals $38.15. Another example is the separate portability administrative fee proposed formula gradually reduces the percentage of households that have for those ported-out vouchers directly amount of the fee for different voucher earned income. For each 1 percent of from HUD that is equal to 20 percent of program sizes rather than sharply the PHA’s assisted families that have the PHA’s ongoing administrative fee. reducing the fee when the voucher earned income, the PHA receives an (Under this proposed rule, PHAs no program size reaches 501 units under additional $1.02 in its base longer bill for administrative fees under lease. administrative fee amount (which is the portability procedures.) Variable Calculation: The program paid for all vouchers under lease, not On an annual basis, the size variable provides an amount equal just those where the family has earned administrative fee is re-calculated by to $13.94 to the UML administrative fee income). The dollar amounts for all six HUD based on the updated variable if the PHA has 250 or fewer vouchers. formula variables for the PHA are then values for the individual PHA and PHAs with 251 vouchers to 749 added together (and adjusted by the adjusted for inflation. vouchers under lease receive a intercept) to determine the PHA’s base percentage of that $13.94 depending on fee per UML. V. Public Comment Received in Response to Solicitation of Comment the number of vouchers (the fewer Application of an inflation factor: An Notice vouchers under lease, the greater the inflation factor is applied to the PHA’s amount the PHA would receive under fee per UML to adjust for the increase This section highlights the significant this cost variable). The UML in costs since 2013, the year for which issues raised by the commenters and administrative fee amount for PHAs the study determined the administrative HUD’s response to these issues. This with 750 or more vouchers under lease costs upon which the formula model is section also solicits comment on certain would not be adjusted to account for based. specific issues. added costs related to program size.

8 The coefficients in this table reflect the variable—is 0). The intercept, along with the slope never be such a thing as a negative administrative proposed rule model, which, as described above, is of the line, determines the value of dependent fee. Rather, it is simply an adjustment to the fee a modified version of the model recommended by variable (in our case administrative fee per UML) calculation that is necessary for the fee amounts to the HCV Program Administrative Fee Study. The based on the values of the independent variables. reflect the predicted administrative cost per UML variables and coefficients in the proposed fee model In a regression model, the slope of the line and the as determined by the formula variables through the are similar to but not the same as those in the study relationship between the x and y variables may regression. model. result in a y-intercept that is not meaningful in a 10 9 The intercept for the model is ¥33.47. The practical sense. For instance, it is not possible for Both the formula coefficients and the PHA intercept in a linear regression is simply the point all of the formula variables to be zero for a PHA, variable values are rounded to two decimal places at which the regression line crosses the y axis (the so the intercept is meaningless in terms of an actual before the formula calculations take place. The point at which the value of x—the independent administrative fee value, and in reality there would inflation factor is rounded to four decimal places.

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44106 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

Vouchers under lease include all port- correlation to lower costs was based on the program size adjustment in the in vouchers that are administered by the programs with more than 500 units. formula calculation and provide greater PHA but exclude the PHA’s port-out Provide size adjustments for greater weight to the other cost variables while vouchers administered by other PHAs. number of program size thresholds: still providing small programs with an The UML administrative fee for the Some comments encouraged HUD to adjustment in the base fee amount. For PHA is recalculated every year. The provide size adjustments for a greater example, a fee formula could reduce the program size variable value for the PHA number of program size thresholds (e.g., program size coefficient of $13.94 by 10, would be updated based on the most 1–500 vouchers, 501–1,000 vouchers, 20, or 30 percent. recent twelve months of data available 1,001–2,500 vouchers, etc.) as opposed 1b. Alternatively, HUD seeks from HUD’s Voucher Management to the straight proportional decrease comment on whether the proposed rule System (VMS) for unit months under proposed by the study. For example, a should reduce the impact of the lease (plus port-ins minus port-outs) at PHA with 750 vouchers would not be formula’s program size adjustment for the time the new administrative fee is able to recognize the same economies of only certain categories of small PHAs, calculated. scale as a PHA with 10,000 vouchers but such as small PHAs that have Dollar value of the program size the study’s recommended formula does overlapping jurisdictions with other adjusted for very small PHAs: In not make any type of adjustment for PHAs that administer the HCV program, response to the Solicitation of program size beyond 750 vouchers. as opposed to constraining the size coefficient estimate in the regression Comment, commenters raised questions HUD Response about the dollar value of the program model. For example, the formula could size adjustment for very small PHAs. HUD has not changed the program impose limits or restrictions on the Commenters stated that the dollar value size variable from the approach percentage or amount by which the of the program size variable was recommended by the study for the covered PHA’s fee could increase in proportionately very large in terms of administrative fee formula that would response to the comment that the average administrative fee per UML be implemented in accordance with this communities that wish to maintain very of $70 under the proposed formula, and proposed rule. The study identified small, more administratively expensive independent programs should continue that, from a budgetary and public policy HCV program size as one of the most to bear some of the responsibility for the standpoint, it would be more sensible to significant drivers of administrative financial cost of that decision under the expect local communities that wish to costs and HUD believes that on that new formula. HUD further seeks maintain very small, autonomous basis alone it merits inclusion in the comment on the criteria that should be programs to continue to contribute their formula at the proposed rule stage. For used to establish such a category of own resources to cover the additional example, when just the program size of PHAs, as well as the methodology that administrative cost, instead of shifting 500 vouchers or fewer under lease variable and the wage index variable would be used to adjust the fee. all of that cost to the program and the Specific solicitation of comment #2: Federal taxpayer. Concerns were raised were combined, that base model had an R-squared value of 0.347, meaning that 2a. With regard to the unit size that such a large dollar adjustment for threshold based on 500 leased units and small programs would discourage small it explained 34.7 percent of the observed variation in cost among the 60 the approach of gradually reducing the PHAs from pursuing opportunities to dollar amount of the cost variable as increase administrative efficiencies PHAs, which is greater than the current formula’s predictive value. Also, the program size increases between 250 and through voluntary consortia or 750 units, HUD believes that gradual consolidation efforts. Another comment reality is that most PHAs that administer the voucher program are approach is preferable to a binary model suggested that the formula only make where a PHA would see a significant the program size adjustment for small relatively small. For example, in CY 2014, 1,521 PHAs (68 percent of HCV change in the per unit fee as the result PHAs that are geographically isolated of leasing or not leasing a handful of and represent the only existing option administering PHAs) had 500 or fewer vouchers under lease (including port-ins vouchers. The study determined that for program administration in the region 500 units appeared to be the strongest and excluding port-outs).11 The number or geographic area where they have threshold to use in terms of program of PHAs that had 250 or fewer vouchers jurisdiction. size. Gradual reduction and phase-out of under lease was 1,131 (50 percent of However, HUD specifically seeks fee adjustments as program size HCV administering PHAs). That said, comment on whether to increase the increases: Other comments focused on HUD understands the concerns that the unit size threshold and the the formula’s approach to gradually program size variable may direct limited corresponding adjustment range from reducing and then phasing out the fee administrative fee resources to small 500 leased units (250 to 750 unit range) adjustment as the program size PHAs at the expense of more efficiently to 750 leased units (500 to 1,000 unit increases from 250 to 750 leased sized programs. range) or 1,000 leased units (750 to vouchers. For example, it was noted that Specific solicitation of comment #1: 1,250 unit range). In keeping with the 1a. HUD specifically seeks comment this approach did not recognize that an same methodology as the formula, if the on whether HUD should consider increase in program size within the 250 unit size threshold was 750 units constraining the coefficient estimate for to 750 leased unit range could actually instead of 500 units, the dollar amount program size. increase, not decrease, administrative for the size variable could start to The program size variable is one of costs. An increase in size might result decrease at 500 units and would phase the most powerful variables in the in a PHA having to hire more staff to out at 1,000 units (which would address formula and consequently the resulting handle the additional case load or to the concern raised that there should be fees favor small PHAs. Constraining the create a HCV program manager position, no increase in the program size coefficient estimate in the regression both of which would increase the PHA’s adjustment for any program size below model would reduce the dollar value of administrative costs. Another comment 500 units). Alternatively, if the unit size questioned why the reduction in the fee 11 The PHA counts and percentages in this threshold was 1,000 units, the dollar adjustment would start at 250 units if sentence and the following sentence pertain to non- amount for the program size variable the study determined that the MTW agencies. could start to decrease at 750 units, and

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44107

would phase out at 1,250 units. Another consortium. Under this approach, the government wage for a metropolitan possible approach on which HUD seeks formula would generate a higher per CBSA is missing or unavailable, the comment would be to narrow the range unit fee for the time period in question wage index is the average local over which the adjustment is made, for or could be gradually phased out. This government wage for the counties with example from 400 to 600 units or from adjustment would also help to defray available data in the metropolitan CBSA 500 to 750 units. This would help start-up costs and other transitional in which the PHA headquarters is address the concern that there should be expenses of consolidating programs or located divided by the national local no increase in the program size forming the consortia. government wage. If neither the CBSA adjustment for any program size below HUD is seeking comment not only on data nor the county data is available, the 500 units while still providing this option, but is also interested in any wage index is the State average local protection against a cliff effect. other ideas on how the size variable government wage for metropolitan areas The study tested different size could be adjusted with respect to divided by the national average local categories of vouchers under lease 12 as consortia or consolidated programs. government wage. well as a continuous variable for the Specific solicitation of comment #4: For PHAs located in micropolitan number of vouchers under lease. The HUD also specifically seeks comment on areas, if the local government wage for coefficients on the other size variables adopting such a policy for a small PHA a micropolitan CBSA is missing or were not statistically significant, and the when another PHA has overlapping unavailable, the wage index is the continuous variable measure of size was jurisdiction. average local government wage for the not significant, so the study results were counties with available data in the unable to identify where an increase in Comments on Wage Index micropolitan CBSA in which the PHA vouchers might result in an increase in Wage Index. The study’s analysis of headquarters is located divided by the UML administrative costs. cost drivers showed that wage index— national local government wage. If the 2b. HUD specifically seeks comment a geographic index of local government county data are not available, the wage on whether the program size variable wages constructed from data collected index is the State average local value for the PHA should be updated through the Bureau of Labor Statistics government wage for non-metropolitan based on the average vouchers under Quarterly Census of Employment and areas (including micropolitan areas) lease for the most recent 12 months of Wages (QCEW)—is a very strong driver divided by the national average local data available at the time the new of per unit administrative costs. PHAs government wage. administrative fee is calculated, as is with higher local wages relative to the For all other PHAs, the wage index is being proposed, or for a longer period of national average have higher per unit the state’s average local government time, such as the most recent 24 or 36 administrative costs and PHAs with wage for non-metropolitan areas months. Using a 2- or 3-year average for lower local wages relative to the (including micropolitan areas) divided the program size variable would lessen national average have lower per unit by the national average local the short-term impact of a reduction in administrative costs. This is consistent government wage.15 As part of the per unit fee associated with a major with the theory that PHA employees are annual adjustment of the administrative increase in program size, as might paid at different wage rates based in part fee, the wage index for the PHA is happen if a PHA received a large on the prevailing wage in the part of the recalculated each year using the most allocation of new vouchers or absorbed country in which the PHA is located. As recent annual data available from the another PHA’s program. a result, PHAs operating in areas with QCEW. Specific solicitation of comment #3: higher than average prevailing wage The study’s recommended formula In response to concerns that the size rates will have higher administrative used a wage index that was based on the variable would discourage creating average local government wage for 13 costs. greater efficiencies through consortia Variable Calculation: The fee metropolitan areas of the State and the or consolidation, HUD specifically seeks calculation for the wage index variable average local government wage for non- comment on this issue. For example, the is $31.53 multiplied by the PHA’s wage metropolitan areas of the state. If the formula could apply a different program index ratio. The possible values for the PHA headquarters was in a metropolitan size value for a certain period (e.g., first wage index variable are limited to the county, the PHA was designated as a three years following the consolidation highest and lowest values for the 60 metropolitan PHA, and if the PHA or formation of the consortium) than the PHAs in the study sample, which are headquarters was in a non-metropolitan standard calculation under the proposed 1.46 and 0.64 respectively. (The reasons county, the PHA was designated a non- administrative fee formula. This interim for limiting the value of the variable to metropolitan PHA. For each state, the study team calculated the average program size value could be calculated the maximum and minimum values government wage for metropolitan based on the number of vouchers under observed in the study sample are counties and the average government lease (prior to the consolidation or discussed further below.) formation the consortium) for the PHA For PHAs located in metropolitan wage for non-metropolitan counties. For a metropolitan PHA, the wage index that had the greatest number of areas, the wage index is the local was the state’s average government wage vouchers under lease at that time of the government wage for the metropolitan for metropolitan counties divided by the consolidation or formation of the Core Based Statistical Area (CBSA) in national average wage rate. For a non- which the PHA headquarters is located 12 Program with 500 or fewer vouchers; program with 501 to 5,249 vouchers, program with 5,250 to divided by the national average local 14 core urban area, as well as any adjacent counties 9,999 vouchers; program with 10,000 plus government wage. If the local that have a high degree of social and economic vouchers. integration (as measured by commuting to work) 13 On July 11, 2014, HUD published a proposed 14 Core Based Statistical Area (CBSA) is a with the urban core. For more information, see rule on ‘‘Streamlining Requirements Applicable to collective term for metropolitan and micropolitan http://www.census.gov/population/metro/. Formation of Consortia by Public Housing’’ (79 FR statistical areas (metro and micro areas). A metro 15 The QCEW does not publish data on local 40019) proposing to allow PHAs to form single-ACC area contains a core urban area of 50,000 or more government wages for the U.S. Virgin Islands, consortia. Under the proposed rule, PHAs that form population, and a micro area contains an urban core Guam, and the Northern Mariana Islands. PHAs in a single-ACC consortium would receive of at least 10,000 (but less than 50,000) population. these places are assigned the national average local administrative fees based on the total vouchers Each metro or micro area consists of one or more government wage, resulting in a wage index value under lease for the consortium. counties and includes the counties containing the of 1.

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44108 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

metropolitan PHA, the wage index was recent three years is divided by the total level data on the health insurance costs, the state’s average government wage for salaries paid by PHAs in the State for but unfortunately also of private non-metropolitan counties divided by HCV employees for the same three employers. The health insurance cost the national average wage rate. years.16 The State benefit load is the index was created by first subtracting Several commenters expressed average benefit load for all the PHAs in the average total employee contribution concern that the use of a State average the state. The fee calculation for the from the average employee-plus-one is unfair to PHAs in high-cost, high- benefit load variable is $0.78 multiplied premium for each State in order to wage metropolitan areas. The by the PHA’s State benefit load. The develop a measure of employer health commenters believed that relying on the possible values for the benefit load insurance cost. The study team then State average to account for wage variable are limited to the highest and averaged the employer health insurance variations among individual PHAs lowest values for the 60 PHAs in the cost across the states to produce a significantly understates the costs of study sample, which are 60.48 and national average. The health insurance salaries in higher cost metropolitan 22.56 respectively. cost index for each State is calculated by areas while overstating the cost of wages As part of the annual adjustment of dividing each state’s employer health in lower cost metro areas of the same the administrative fee, the State benefit insurance cost by that national average. state. load for the PHA would be recalculated The PHA was assigned the health each year using the most recent three HUD Response insurance cost index that corresponded years of data available for all PHAs from to the State in which it is located. The failure of the statewide average the FDS. Both of the study’s approaches had wage index to account for a potentially As noted earlier, the study’s positive coefficients in the combined wide range of local government wages recommended formula did not include cost driver model (meaning that higher within a State is a significant concern. this variable. The study’s recommended local benefits costs are associated with As an alternative approach for the formula addressed the variation in higher per unit administrative costs) but formula under this proposed rule, HUD benefits costs through the Health neither was statistically significant. The considered two alternatives to the Insurance Cost Index variable. study ultimately chose to include the study’s QCEW wage index model. One Before discussing the comments on MEPS-based model for benefits costs for model used county level data and this indicator, some background on how substituted the State metro average or the study arrived at the Health the health insurance cost index in the non-metro average, as applicable, for Insurance Cost Index would be helpful. proposed formula as the better proxy. any county that was missing data. The The study team originally tested two The study recommended inclusion of other model used CBSA-level data for different approaches to addressing the the health insurance cost variable in the metropolitan areas and micropolitan variation in benefits costs. In both cases formula, despite its lack of statistical areas, where available, and the State the study team created an index of significance, in recognition of the non-metropolitan average for other benefits costs. The first index was based importance of addressing the variation areas. The CBSA-level model is on the Bureau of Labor Statistics in benefits costs among PHAs. preferable to the county level model in Employer Cost for Employee The Solicitation of Comment Notice that it explains a higher share of the Compensation (ECEC) survey. This asked for comments on whether health observed variation in PHA costs and survey measures employer costs for insurance costs are a good proxy for the better approximates the labor markets in wages, salaries, and employee benefits benefits costs facing PHAs and if the which PHAs are operating. HUD has for nonfarm private and State and local variable, given its weak statistical adjusted the wage index formula government workers. Unfortunately, significance, should be included as part variable accordingly for the fee formula estimates of benefits costs were not of the formula under this proposed rule. that would be implemented under this available other than at the national level Comments were generally supportive proposed rule by using the CBSA-level for State and local government workers. of including a formula variable that data, where available, for PHAs in As a result, the total benefits cost index addressed the variation in benefits costs. metropolitan and micropolitan areas, as the study team created for each PHA However, concerns were expressed that described above. (the total benefits cost for the PHA’s an index based on the statewide average census division divided by the average of health insurance costs does not Comments on Benefit Load (Health total benefits cost for nation as a whole) adequately represent the full range (and Insurance Cost Index in the Study’s under this approach was based on consequently the full variation) of Recommended Formula) private industry workers, not State and benefits costs that PHAs incur. Benefit Load. The benefits provided to local government employees. Commenters mentioned the cost of HCV staff are an important component Furthermore, the estimates of benefit pensions as a prime example of a major of labor costs and may vary differently costs for private industry workers were expense that could vary by PHA and from the local wage rates captured by only available at a census region and that is not accounted for in the study’s the wage index variable. The benefit division level, which resulted in a recommended formula. Commenters load variable replaces the Health benefits index based on a relatively encouraged HUD to find a data point Insurance Cost index in the study broad geographic area. that would more accurately capture formula. The reason for the change is The second approach created a health variation in the costs of all benefits, as discussed in detail in the comment insurance cost index based on the opposed to solely relying on a health section below. Department of Health and Human insurance cost index. Variable Calculation: Using the Services’ Medical Expenditure Panel HUD Response information that PHAs report in the Survey (MEPS), which provides state- Financial Data System (FDS), HUD As noted earlier in this preamble, created a benefit load for each state. 16 In calculating the benefit load percentage, only HUD has replaced the health insurance This State benefit load is calculated in data from approved submissions were used. When cost index with a new variable designed available, the approved audited data were used. the following manner. For each state, Approved unaudited data were used for cases to more directly address the variation in the total benefits paid by PHAs in the where the audited submission was not approved or total benefits costs for PHAs. Using the State for HCV employees for the most submitted yet or the PHA was not audited. information that PHAs report in the

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44109

FDS, HUD created a new ‘‘benefit load’’ benefit costs, such as reconsidering opportunities. Because the SARR is index for each state. using the ECEC-model the study tested based on metro-area rents, PHAs The benefit load is calculated in the or some other approach? operating in higher cost suburban areas following manner. For the most recent would typically receive higher fees Comments on Small Area Rent Ratio three years of data available in FDS, the while those operating in disadvantaged sum of the total benefits paid to HCV Small Area Rent Ratio. The study’s urban cores would receive lower fees employees is divided by the sum of the recommended formula included the regardless of the agencies’ respective total salaries paid to HCV employees small area rent ratio variable, also efforts to expand housing opportunities. from the PHA’s FDS submission. The referred to in the study as the SARR. Commenters suggested that the SARR total benefits cost comes from line items The SARR variable described the extent simply reflects the degree to which a on the FDS that capture PHA to which HCV participants are located PHA’s jurisdiction and hence their contributions to employee benefit plans in neighborhoods that are harder, or participating families are housed in such as pension, retirement, and health easier, to serve at payment standards set more expensive areas of the and welfare plans. In addition, the within the basic range of the HUD metropolitan area. While in some cases included line items record published Fair Market Rent (FMR). The the zip code areas in which the families administrative expenses paid to the SARR was intended to capture the local reside may be an indication of staff time State or other public agency in housing market conditions that PHAs and effort to expand housing connection with a retirement and other are working under and could also reflect opportunities, commenters noted that in post-employment benefit plans (if such outcomes associated with expanding other cases the SARR only reflects payment is required by State law), and housing opportunities. where the jurisdiction’s rental units are with trustee’s fees paid in connection For PHAs in metropolitan areas, the concentrated or where the PHA with a private plan (if such payment is SARR was calculated as the median jurisdiction happens to be located required under the plan contract). gross rent for the zip codes where within the metro area. Furthermore, the The average benefit load for the PHAs voucher holders live, weighted by the SARR is impacted by a range of factors in the State is calculated by dividing the share of voucher holders in each zip beyond the administrative elements and total benefits paid to HCV employees code, divided by the median gross rent PHA effort, including the accuracy of (across all PHAs in the state) by the total for the metropolitan area. The theory the FMR, the PHA’s available HAP, and salaries paid to HCV employees (across behind the SARR is that having more the availability of rental housing units all PHAs in the state). PHAs with voucher families leased in more in high cost parts of the community. In missing or negative benefit load were expensive zip codes will increase addition, the fact that the SARR was not not included in this calculation. Each administrative costs because it is more consistently statistically significant PHA is assigned the average benefit load difficult for the PHA to recruit landlords when tested with a variety of different for its state. and because voucher families might variables may be cause for concern that When added to the regression model, need more guidance and assistance in the relationship between the SARR and the benefit load variable has a positive finding housing in unfamiliar administrative cost per unit is not coefficient (PHAs in the sample with a neighborhoods. particularly robust. higher benefit load had higher per unit For PHA in non-metropolitan areas, Other comments were concerned that administrative costs) and is statistically data on gross rents by zip code are not the methodology of the SARR too significant. The other advantage of this available. For these agencies, the SARR closely paralleled HUD’s small area approach is that it directly accounts for was calculated as the unadjusted two- FMR methodology. Commenters noted all benefits that would contribute to cost bedroom FMR for the non-metropolitan that it is premature to make any variations between PHAs, not just counties where the PHA operates assumptions on administrative costs health insurance costs. In addition, it divided by the published FMR. The based by replicating the small area FMR relies on data that apply exclusively to SARR would usually equal one for non- demonstration approach into a cost PHAs, as opposed to the ECEC or MEPS metro PHAs as HUD does not measure variable since the demonstration is still data approaches that used private sector any variation in rents with these non- ongoing. The comments noted HUD has data as a proxy. metropolitan counties. However, for yet to release its evaluation on whether The use of a state-wide average and a some counties the FMR is set at the the small area FMR demonstration three year average in calculating the State minimum rather than the 40th achieved its objectives and to what benefit load is intended to mitigate the percentile rent in the county. PHAs extent small area FMRs resulted in distorting effects of year-to-year operating in these counties should have additional administrative cost and fluctuations in benefit costs. By using relatively lower costs in placing tenants complexity for the demonstration PHAs. the State average and three years of cost because the HUD FMR is more A number of commenters suggested data, HUD hopes that the formula will generous, and the SARR was designed that the SARR either be supplemented reflect the cost variation in benefits such to adjust for that condition for those or replaced with add-on fees outside of as health care, pensions, and other non-metro counties. the fee formula that would better retirement plans from State to state, Many commenters questioned the incentivize or directly recognize efforts without unduly influencing the amount study’s assumption that the SARR to expand housing opportunities. of total benefits provided by individual would be reflective of the actual cost PHAs. and effort to expand housing HUD Response Specific solicitation of comment #5: opportunities, or that the SARR is a After careful consideration of the HUD specifically seeks comment on the legitimate proxy for the variation in comments, HUD decided to remove the new benefit load variable. Is it a better administrative costs related to the SARR from the formula that would be proxy for variations in benefits than the challenges of leasing units in more implemented in accordance with this original health care cost variable or expensive markets. For example, some proposed rule. HUD is sensitive to the should the final rule revert to the comments questioned if the SARR concerns that the SARR may be more of study’s original health insurance cost largely benefited the wrong PHAs if the an artifact of where PHA jurisdictions index? Or is there a preferable objective was to recognize and account are located than an indicator of the level alternative to addressing the variation in for efforts to expand housing of additional effort to expand housing

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44110 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

opportunities or recruit landlords in the sample PHAs in the regression or more members (large families); what may be more expensive rental model. HUD seeks public comment on percent of households with majority of markets. HUD was also concerned about whether the locational outcomes income from earnings; and percent of the instability of the variable when indicator should nevertheless be households with any income from tested with other combinations of included in the core formula if it is not earnings—the study determined that the variables in different regression models. found to be statistically significant, percent of household with any income Specific solicitation of comment #6. similar to the new admissions indicator, from earnings was the strongest cost HUD is specifically requesting comment which is not significantly significant but driver when controlling for local wage on whether the SARR or some other has a strong theoretical basis. An rates and program size. indicator that would address the alternative approach is to address The majority of family households variation in administrative cost as it locational outcomes through the use of have earned income so there is relates to locational outcomes and supplemental fees, which would be substantial overlap between family expanding housing opportunities provided in addition to the households and households with earned should be reconsidered for inclusion in administrative fee that is based on the income. Because of this overlap and the core formula. For example, one regression model. Additional cost correlation, percent of households that possibility is to include a variable that factors and supplemental fees are are family households was no longer measures the degree to which voucher discussed later in this preamble. HUD is significant when the study team families are not overly represented in specifically seeking comment on fees for attempted to put both the family and racially or ethnically concentrated areas locational outcomes and expanding earned income variables in the same of poverty (R/ECAPs) compared to the housing opportunities (see Specific model. Therefore, the study team distribution of rental units within the solicitation of comment #21). retained the earned income variable in PHA jurisdiction.17 Another possibility the recommended formula but dropped is to include a variable that examines Comments on Households With Earned percent of households that are family the degree to which the percentage of a Income households. PHA’s families that reside in areas of Households with Earned Income. This In addition to the extra work required concentrated poverty is declining. variable is the percentage of the PHA’s to verify wage income, the study An additional option is to base the voucher households with any income suggested that another reason why the indicator on the number of families that from wages. The PHA’s voucher percent of wage earning households is a initially lease in low-poverty areas or households are defined as the PHA’s significant cost driver is because family that move out of areas with high vouchers under lease in its jurisdiction households (highly-correlated with concentrations of poverty or R/ECAPs to plus any port-in vouchers under lease wage earning households) are less concentrated areas. Alternatively, that the PHA is administering on behalf substantially more likely to receive HUD could base the indicator on the of other PHAs, minus its port-out interim reexaminations than non-family extent to which the overall percentage vouchers that are administered by other households and are more likely to of the PHA’s families residing in low- PHAs. change units. Interim reexaminations poverty areas increases, and/or the Variable calculation: The fee and move processing represent extra extent to which the overall percentage calculation for the households of earned work for the PHA, adding to of the PHA’s families residing in areas income variable is $1.02 multiplied by administrative costs. with high concentration of poverty or the most recent three year average of the Many comments raised concerns residing in R/ECAPs decreases from percentage of the PHA’s households that about this particular formula variable. year to year. Both measures would take had earned income reported in the PIH Some comments stated that the study’s into consideration the locational Information Center (PIC) as of their last findings did not match the commenters’ outcomes of families that moved out of recertification during the measurement experiences at their PHAs. These the of the PHA’s jurisdiction under the year. The possible values for the comments expressed the view that portability procedures. households with earned income variable assisting elderly and disabled families Given the challenges that determining are limited to the highest and lowest was just as administratively costly as the actual cost and effort in terms of values for the 60 PHAs in the study assisting families with earnings. For locational outcomes posed for the study, sample, which are 56.11 and 15.58 example, it was stated that calculating HUD recognizes it may be very difficult respectively. deductions for unreimbursed medical to design an indicator that is statistically As part of the annual adjustment of expenses can be very time-consuming significant and truly reflects the cost the administrative fee, the percentage of and cumbersome. In addition, elderly variation for locational outcomes among households with earned income would and disabled families may be more be recalculated each year using the most likely to have special needs or 17 Racially or ethnically concentrated area of recent three years of PHA data from PIC reasonable accommodations. For poverty means a geographic area with significant (or its successor program). instance, PHA staff may need to conduct concentrations of poverty and minority populations (24 CFR 5.152). To assist communities in The study tested many different annual examinations at the family’s unit identifying R/ECAPs for the Assessment of Fair measures of the characteristics of the as opposed to requiring the family to Housing, HUD has developed a census tract-based HCV population to see if these different come to the PHA’s office. definition of R/ECAPs that involves a racial/ethnic family characteristics impacted Other comments focused less of the concentration threshold and a poverty test. The racial/ethnic concentration threshold is that for administrative costs. Of all the family accuracy of the study’s findings and metropolitan areas, R/ECAPs have a non-white characteristic variables that were tested, more on the potential unintended population of 50 percent or more. For non- seven were statistically significant when consequences of a formula that provides metropolitan areas, R/ECAPs have a non-white added to the base model of wage index PHAs with a higher fee for assisting population of 50 percent or more. The poverty threshold is that R/ECAPs must have a poverty rate and program size. Among the five more working families. The weight and that exceeds 40 percent or is three or more times variables associated with higher cost— wide range of the variable can have a the average tract poverty rate for the metropolitan/ percent of households that are family significant impact on the PHA’s micropolitan area, whichever threshold is lower. households; percent of households with administrative fee (for example, the See ‘‘Data Documentation’’ posted at https:// www.huduser.gov/portal/affht_pt.html#affhassess- three or more minors (hard-to-house potential range of the dollar value for tab. families); percent of households with 6 percentage of families with earned

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44111

income variable under this proposed compensating PHAs for those higher (e.g., homeless families that were rule is between $15.89 and $57.23). costs. admitted within the most recent three Commenters expressed concern that the That said, HUD remains concerned years) in addition to families with value of this cost variable in the fee that this variable could potentially have earned income when calculating the formula would force PHAs to establish unintended consequences in terms of percentage that is the PHA variable admission preferences for working the types of families that the program value. One concern about this approach families and/or eliminate preferences serves. is the quality of the data reported to for disabled or homeless families in Specific solicitation of comment #7: HUD on homeless admissions. It is order to increase the number of families 7a. HUD specifically seeks comment evident that many PHAs do report this with earned income and generate higher on whether this variable should be data, but in other cases it appears that administrative fees. Commenters removed from the formula despite the the data is not reported. suggested that the recommended strong correlation between it and 8c. HUD is interested on hearing from formula, combined with the need to administrative costs. PHAs and other stakeholders on their maximize administrative fee revenue, 7b. HUD also specifically seeks experiences with homeless data and would ultimately have a detrimental comment as to whether the formula reporting homeless data, whether the impact on household types less likely to should constrain the coefficient estimate data reporting would be reliable enough have income from wages if the variable for the percent of households with to include in the model, and whether is included in the formula. earned income variable. This would there are changes in guidance or other reduce the dollar value of the approaches HUD could take to improve HUD Response households with earned income the accuracy, completeness, and HUD did not eliminate or modify the adjustment in the formula calculation reliability of homeless admissions data households with earned income variable and provide greater weight to the other in the HCV program. for the fee formula under this proposed cost variables while still providing an Comments on New Admission Rate rule. While recognizing that the study’s adjustment in the base fee amount for cost data and time reporting is limited households with earned income. For New Admissions Rate. Based on the to the 60 PHAs in the study sample, the example, the formula could reduce the amount of time that PHAs spend on study’s data collection simply does not earned income coefficient of $1.02 by 50 intake, voucher issuance, and lease-up substantiate the comments that contend percent or some other percentage. HUD for households newly admitted to the that assisting elderly and disabled is particularly interested to know if program, a relatively higher percentage families is as administratively costly as there is a specific amount of percentage of new admissions in a PHA’s program assisting families with earned income. decrease or other constraint that the should increase per unit administrative On the contrary, the study’s correlation commenter would propose and the costs. This formula variable is defined analysis specifically examined the rationale for the commenter’s as the number of new households relationship between the percentage of recommendation. admitted to the voucher program as a households with non-elderly disabled 7c. HUD also seeks comment on other result of voucher turnover or new heads and elderly headed households ideas to broaden or modify this allocations of vouchers in the year, and HCV administrative costs. In both particular formula variable. divided by the number of vouchers cases the coefficient value for the 7d. HUD also seeks comment on how under lease (including port-in but variable was negative, not positive. This to address concerns related to this excluding port-out vouchers). Although means that the higher the percentage of indicator on efforts to assist the the study’s cost driver analysis did not non-elderly disabled headed households homeless. Unlike elderly and disabled find that the new admissions rate was and the higher the percentage of elderly families, the simple regression analysis significantly associated with costs, the households assisted by the PHA, the did indicate that PHAs that had a strong rate of new admissions had such a lower the UML administrative cost for admissions preference for homeless had strong theoretical reason for impacting the agency. The actual RMS collection a positive coefficient (meaning that the costs the study team decided it should data also conclusively showed that PHAs had higher administrative costs) still be included as a component of the elderly and disabled families took less although it was not statistically fee formula. HUD has retained the new time on the most time consuming aspect significant. admission rate variable in the fee of the program (annual recertifications) Elsewhere in this preamble, HUD is formula under this proposed rule. and were therefore less costly than proposing to provide an additional fee Variable Calculation: The fee assisting non-elderly and non-disabled for new admissions from the waiting list calculation for the new admissions rate families for the sample PHAs. Both the that are homeless families. In this variable is $0.15 multiplied by the most data collection and the regression regard, HUD seeks comment on those recent three year average of the analysis on elderly and disabled particular issues later in the rule. percentage of the PHA’s households that families support the study’s ultimate Specific solicitation of comment #8: were reported in PIC as new admissions determination that the percentage of 8a. Would the homeless new at any time during the measurement families with earned income variable is admission add-on fee adequately year. The possible values for the new a significant cost driver in the address the concerns that the fee admissions rate variable are limited to administration of the HCV program. formula may inadvertently create a the highest and lowest values for the 60 This formula variable is not in any disincentive for PHAs to serve the PHAs in the study sample, which are way intended to force or pressure PHAs homeless? 52.19 and 2.93 respectively. into serving more families with earned 8b. Alternatively, should a formula As part of the annual adjustment of income at the expense of the people variable for homeless new admissions or the administrative fee, the new with disabilities or elderly people. On current participants who were formerly admissions rate for the PHA would be the contrary, it is included so that PHAs homeless be included in the base fee recalculated each year using the most are not discouraged from serving calculation? For example, one recent three years of PHA data from PIC families with earned income as a result possibility is to revise the percent of (or its successor program). of the higher administrative costs households with earned income variable The comments were generally associated with those families by to include formerly homeless families supportive of including the new

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44112 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

admissions rate as a formula variable jurisdiction. The variable is defined as travel distance by road was in excess of despite the fact it was not statistically the percentage of voucher households 60 miles. significant in the regression model. that live more than 60 miles from the Other commenters questioned the There were a number of concerns that PHA’s headquarters. The study basic premise of the 60 mile variable, the impact of the variable may be determined that PHAs that serve large noting that some State agencies or PHAs understated because during the study geographic areas have higher costs. The subcontract their operations to other period many PHAs had stopped or reasons for these higher costs may agencies or entities, and that those severely reduced leasing due to include inspectors having to travel entities operate in their respective sequestration funding cuts. greater distances to units or that the service areas, using their own The study attempted to address the PHA may need to establish and operate employees and office buildings. In those concerns regarding the reduction in satellite offices. cases, the PHA is not required to have HAP funding and the impact on leasing Formula Variable: The fee calculation its own inspectors cover large distances in 2013 by testing two measures of new for the 60 mile variable is $0.83 or operate satellite offices. Other admissions in the cost driver analysis: multiplied by the percentage of families commenters specifically questioned the The rate of new admissions in 2013 and that reside more than 60 miles from the validity of the 60 mile variable for State the rate of new admissions in 2012. The PHA’s headquarters, based on the agencies. These comments pointed out HAP funding proration in 2012 was 99.6 addresses reported in PIC. The possible that State agencies, by their very nature, percent as compared to the 94 percent values for the 60 mile variable are are established and designed to HAP funding proration in 2013. limited to the highest and lowest values administer programs across the entire For purposes of developing the for the 60 PHAs in the study sample, state, and as such already have regional proposed formula model, the study used which are 47.39 and 0 respectively. facilities and staff available to the new admissions from 2012. The As part of the annual adjustment of accomplish their state-wide mission. It study team determined that the 2012 the administrative fee, the 60 mile was noted that as a result of the distance new admissions rate was more variable would be recalculated each variable, many State agencies would see representative of the cost data collected year using the most recent year of PHA large increases in their administrative than the 2013 new admissions rate data from PIC (or its successor program). fees. A commenter stated that if it so because many PHAs reduced their The study’s recommended formula much more expensive to administer the leasing substantially in 2013 in response calculated the percentage by geocoding program over a large geographic area, it to the reduced HAP funding. The HAP the addresses of individual voucher would make more sense to require the funding proration in 2012 was equal to families and the address of the PHA’s State agency to port families beyond the or exceeded the HAP funding pro- headquarters and calculating the 60 mile radius to local agencies that rations in 2011, 2010, and 2009 (99.5 shortest distance between the two may also have jurisdiction over the area. percent, 99.5 percent, and 99.1 percent points. (Port-out vouchers were not HUD Response respectively). Furthermore, the study included in the calculation.) The cost cost estimates included upward cost driver analysis found that the percent of In cases where an agency has a large adjustments to account for any staff households living more than 60 miles jurisdiction, HUD recognizes the agency reductions that took place before the from the PHA’s headquarters is may subcontract its administrative study’s data collection period in order significantly and positively associated responsibilities or utilize an existing to approximate the level of staffing that with administrative costs. administrative structure (including was needed by the PHAs in 2012. The study found that 87 percent of resources and offices) that does not Another comment concerned the PHAs had no voucher families living require inspectors to travel large impact of incoming families under the more than 60 miles from the PHA’s distances or for the agency to open portability procedures. It was noted that headquarters, so this variable mainly stand-alone satellite offices to many of the tasks the receiving PHA affects a minority of PHAs with very effectively administer the HCV program. does to assist an incoming portability large jurisdictions and statewide PHAs. However, HUD believes that it is not family lease in its jurisdiction are the However, the variable range was very feasible to create different distance same as what the PHA would do for any broad (from 0 to 47.39) and adds $0.83 variables based on a wide variety of other new admissions. (under the formula in this proposed different administrative models HUD Response rule) for each percentage increase in the employed by PHAs, nor is it fair to The new admissions rate currently percent of families living more than 60 completely exclude PHAs from a does not include incoming portability miles from the PHA headquarters. So particular variable solely on the basis families unless the PHA has absorbed although the variable does not apply to that they are a State agency and the family into its own program. most PHAs, it has a dramatic effect on therefore should be expected to absorb Specific solicitation of comment #9: the per unit administrative fee for the any additional cost of administration HUD specifically requests comment on relatively few agencies with higher related to distance. In addition, a PHA whether the numerator for the new percentages of families living more than that chooses to subcontract admissions rate should include families 60 miles from the PHA headquarters. administrative responsibilities to other that initially leased in the PHA’s Some commenters expressed concern entities to cover specific service areas jurisdiction under the portability about how the distance from PHA may not have to maintain satellite procedures to capture the increased cost headquarters was measured. It was offices or require inspectors to cover for the receiving PHA, regardless of noted that the 60 mile standard was significant distances but will incur whether the PHA chooses the billing calculated as the shortest point to point additional administrative costs to option instead of absorbing the family distance between the PHA headquarters monitor those contracts, conduct quality into its own program. and the family’s unit. Comments noted control on the subcontractors’ work, and that this would be problematic for otherwise ensure that the subcontractor Comments on 60 Miles Variable agencies where a significant percentage is carrying out the administrative 60 miles. The 60 miles variable is a of families might live within a 60 mile responsibilities that the PHA is measure of the size of the PHA’s radius of the PHA headquarters, but the ultimately accountable for under its

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44113

Consolidated Annual Contributions detail. One of the tested cost drivers was Specific solicitation of comment #11: with HUD. the urban PHA variable, which was HUD seeks comment on how to address With respect to concerns about the 60 defined as the percent of the overall this concern and specifically requests mile distance being calculated as a point population within the PHA’s comments on how HUD should to point calculation as opposed to being jurisdiction that lives in urban areas establish an additional threshold that based on actual road distance, HUD will based on the 2010 census definition. would adjust the formula variable for consider changing the measure for The problem with the urban PHA cost cases where a significant portion of the purposes of the administrative fee driver was that there was not a strong PHAs families are clustered beyond the formula in the final rule. For now, the theoretical basis for its effects on HCV distance threshold from the PHA 60 mile threshold remains determined program costs. For example, many of the headquarters. For example, if the by calculating the shortest distance from reasons why costs would be higher (e.g., majority or the greatest concentration of the unit to the PHA headquarters. such as traffic congestion adding to voucher families are located within 60 Determining the distance by road is inspection times) might be offset by miles of an alternative location as more cumbersome than the straight line time-saving characteristics, such as HCV opposed to the PHA headquarters, the method, and would not necessarily units tending to be less dispersed. distance variable could be calculated reflect road closures, traffic congestion, Another weakness was that when a from that reference point, as opposed to tolls, etc., that would impact travel time related variable was tested that the PHA headquarters, which might be and administrative cost as well as measured the percentage of HCV located in a distant State capital but distance. households in the PHA program that does not reflect where the PHA’s main Specific solicitation of comment #10: reside in urban areas, the coefficient for operations center is (or should be 10a. HUD specifically requests that variable was negative (meaning that expected to be) located. Alternatively, comment on another alternative, which PHAs in the sample with higher the formula could use a measure of is to reduce the distance from 60 miles percentages of HCV families living in dispersion—how far HCV participants to a shorter distance of 50 miles to urban areas tended to have lower costs) live from one another—to capture the account for the potential deficiencies in and not statistically significant. The extra administrative costs involved in the 60 mile ‘‘point to point’’ calculation study team did not include the urban serving households over a large area. method instead of attempting to map the PHA variable in the recommended distance by road each year. The study Comments on Other Suggested Cost formula because it was not clear how Drivers tested 50 miles as an alternative operating in a jurisdiction with a more A number of comments suggested that distance formula variable. The 50 mile urban population would increase the study’s recommended formula variable also had a positive coefficient program costs while serving more HCV should have included other cost drivers sign when tested, meaning that PHAs is households in urban areas decreases that could significantly impact the the study sample with a higher costs. percentage of families residing 50 miles variation in administrative costs By contrast, the distance variable was from the PHA headquarters had higher between PHAs. positive and statistically significant, per voucher administrative costs. The Comments on success rates. Some both at 50 and 60 miles, leading the variable was statistically significant but commenters noted that PHAs do a study to conclude that it was a did not explain as much of the variation substantial amount of work for voucher significant cost driver that should be in cost. holders who do not ultimately lease 10b. HUD also specifically seeks included in the formula. units and therefore PHAs with lower comment on whether the formula Other commenters suggested that success rates (the percentage of families should constrain the coefficient estimate HUD consider the overall area of the who are issued a voucher that for the 60 miles variable. This would PHA’s jurisdiction in terms of square ultimately succeed in leasing a unit reduce the dollar value of the 60 miles miles, rather than the percentage of under the program) would have higher adjustment in the formula calculation families that live a certain distance from administrative costs than PHAs with and provide greater weight to the other PHA headquarters. However, it is relatively higher success rates. These cost variables while still providing an unclear as to why the overall size of the commenters urged HUD to include a adjustment in the base fee amount for PHA jurisdiction would have a success rate variable in the fee formula. PHAs that serve households residing significant impact on costs unless the HUD Response: The study more than 60 miles from the PHA HCV participants were dispersed acknowledged that voucher success headquarters. For example, the formula throughout the entire jurisdiction. In rates have a strong theoretical basis for could reduce the 60 miles coefficient of addition, the study tested the area (in impacting administrative costs. For $0.83 by 50 percent or some other square miles) of the PHA jurisdiction example, a PHA with a lower success percentage. and found that in the study sample the rate would have to conduct more variable was not statistically significant eligibility determinations and issue Additional Comments on Distance and had a negative coefficient sign. more vouchers than a PHA with a Measurement higher success rate in order to maintain HUD Response Other comments questioned whether leasing. Unfortunately, the study team distance was the appropriate measure of In the Solicitation of Comment Notice was unable to test the relationship of the variation in cost to administer the HUD noted that one of the potential voucher success rates to UML program in a given area. For example, weaknesses of using the average administrative costs because reliable agencies in urban areas, while traveling distance of voucher families from PHA data on success rates was not available. shorter distances, may have greater time headquarters is that if an agency While both voucher issuances and new and cost burdens than a larger rural primarily serves households in a admissions are recorded in HUD’s PIC area, due to traffic congestion, the cost relatively small area but the area is more system, the data on voucher issuances of parking, the need to rely on a variety than 60 miles from the PHA was not reliable enough for the study of transportation options, etc. headquarters, the variables’ impact on team to calculate the success rates with The study examined the subject of PHA costs could be significantly over- any confidence. Even if HUD were to PHA jurisdictional size and type in stated. request that the study PHAs provide

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44114 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

information on their success rates tight rental markets, since the PHA may should include variables for end of directly for purposes of testing its have issued a greater number of participation (EOP) and frequency of relationship to administrative cost and vouchers and/or have intensive landlord moves. For example, it was suggested statistical significance (as suggested by outreach and housing search assistance that EOP data might be a better measure a commenter), HUD would still need to in order for families to successfully of the variation in costs brought about use the voucher issuance data to lease units with voucher assistance. by the relative turnover in the voucher calculate the dollar adjustment to the HUD Response: The study team tested program than the new admissions rate PHA administrative fee for the broader several variables to proxy the variable. Other comments noted that the universe of PHAs. availability of affordable housing, frequency of voucher participant moves Another area of concern in terms of a including (1) the vacancy rate from the would have an impact on administrative success rate variable is whether a high 5-year ACS (2008–2012) for rental units costs among PHAs in terms of the success rate is necessarily always in census tracts in the PHA jurisdiction; number of unit inspections, rent indicative of a less challenging rental (2) the third quarter 2013 vacancy rate reasonableness determinations, rent market. For instance, a PHA may have from the US Postal Service (USPS) for calculations, HAP contract executions, achieved a high success rate through a residences in census tracts in the PHA etc., the PHA would have to conduct. very aggressive approach to landlord jurisdiction; and (3) the third quarter This variation in administrative costs outreach and housing search assistance, 2013 vacancy rate from the USPS for would not be captured in the new figuring that those extra administrative multifamily dwelling units in census admissions variable. costs would be mitigated or off-set by tracts in the PHA’s jurisdiction. HUD Response: With respect to EOP, the savings the PHA realizes by not The ACS vacancy rate had the the study team tested two measures of having to process as many families to advantage of covering only rental units, EOP: EOP as a percentage of total lease a unit. as opposed to all residential units, but vouchers under lease in 2013 and EOP A fee formula that provided higher it was based on data collected from 2008 as a percentage of total vouchers under fees to PHAs with lower success rates and 2012 and therefore did not lease in 2012. Neither of these measures would be disadvantageous to a PHA that represent the most up-to-date market was statistically significant when tested had achieved a high success rate conditions for the time period the against the base model of program size through an aggressive approach to administrative study was covering. and wages. The study team retested the landlord outreach and housing search The USPS tracks residential vacancies 2012 variable and included it in near- assistance. Furthermore, a poor success on a quarterly basis but does not final versions of the formula model, rate may be the result other factors provide data separately for rental units once in addition to the new admissions besides the rental market, such as and consequently may not be a good variable and once as a substitute for the inadequate owner outreach or payment proxy for the market conditions that new admissions variable. In both cases standards that are set at the low end of impact the HCV program. The study the EOP variable was not significant and the basic range. Just as commenters team worked with HUD to isolate the the coefficient was negative (PHAs with expressed concerns over the potential vacancy rate for multifamily units in the higher percentages of EOPs had lower unintended consequences of the USPS vacancy data—which could be a unit administrative costs), which was percentage of families with earned closer approximation to the rental not in the expected direction. As a income formula variable, similar vacancy rate than the overall residential result, the EOP variable was not concerns might arise that the formula rate. included in the study’s recommended was ‘‘rewarding’’ PHAs for achieving Ultimately, however, none of these formula. The EOP variable was tested low success rates, rather than three variations was statistically again in the model developed for this encouraging and supporting PHAs that significant when tested in the simple proposed rule and was not statistically have expended administrative effort and correlation analysis. Furthermore, when significant. incurred costs to improve the likelihood added to the combined cost driver Concerning the frequency of moves, that their families successfully lease model, the coefficients on all three HUD agrees that higher rates of moves with their vouchers. By providing vacancy rate variables remained among voucher families should result in higher fees for low success rates, the insignificant and—contrary to higher administrative costs, given all the formula might perversely discourage expectations—the USPS multifamily work associated with processing a move PHAs from increasing their variable’s coefficient was positive request, issuing the voucher, and administrative efforts to improve (meaning the higher the vacancy rate, inspecting and ultimately placing a new success rates and reduce the number of the higher the administrative unit cost unit under HAP contract. The study families that ultimately fail to find for the PHA), which was the opposite of team tested a move variable for each housing. An alternative approach, what was expected. Consequently, the PHA in the study sample, which was discussed below, to addressing the study team concluded that residential the number of moves in 2013 divided by relative challenges and cost impacts of vacancy rates, at least as captured by the the number of vouchers under lease. In different market areas might be to available data, could not be included as the simple regression model with reconsider vacancy rates or other market a cost driver for consideration for the program size and wage index, the indicators of the availability of proposed fee formula. coefficient on the frequency of moves affordable housing rather than focusing Specific solicitation of comment #12: variable was negative (meaning that the on success rates as a proxy for market HUD specifically requests comment on higher the move rate, the lower the challenges. whether there are other approaches to administrative cost per unit), which was Comments on availability of measuring rental markets in order to not the expected direction, and the affordable housing: Several commenters determine what, if any, impact this variable was not statistically significant. expressed concern that the fee formula factor may have on variations in When combined with other cost drivers, did not include any variable that administrative costs and to incorporate the frequency of moves variable measured the relative availability of it into the formula, if appropriate. remained statistically insignificant and affordable housing units in the PHA’s Comments on end of participation the coefficient remained negative. As a jurisdiction. In theory, a PHA’s and frequency of moves. A number of result the variable was not included in administrative costs should be higher in comments suggested that the formula the study’s fee formula. The variable

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44115

was tested again in the model developed (e.g., at the 25th and 75th percentile or UML. A straight application of the study for this proposed rule and although the some other percentile cutoff) would formula for the more than 2,200 PHAs coefficient became positive it was not ensure that the formula is not imposing would result in predicted fees that fall statistically significant. archaic limits or the range of PHA below the lowest observed cost of $42 Comments on limitation on the range variables and makes adjustments as per UML for two percent of PHAs of the formula variables: As discussed circumstances dictate. Another overall. All of the other PHAs in the in detail in the HCV Program approach would be to revisit the limits study had costs that exceeded $42 and Administrative Fee Study Final Report on the formula value ranges periodically the formula is designed to capture those (section 7.3.1), each variable in the (e.g., every 5 years or in the event of a actual costs. proposed formula has a range of values. major program change that would Because $42 per UML is the lowest The regression model for the formula significantly impact a formula variable) cost the study observed under which a was based on both the per-unit costs and make adjustments when necessary. PHA with very low cost drivers could estimated for the 60 PHAs in the study Comments on PHA variable value operate a high-performing and efficient and the values for the input variables calculations: The PHA’s ongoing program, the study recommended that observed across those PHAs. In most administrative fee would be updated the formula establish a floor of $42 per cases, the 60 PHAs in the study are very each year based on the most recent UML. However, the 80 PHAs in the U.S. close to all HCV PHAs in the mean and available data. The study noted that an Territories may have costs that the fee median values observed for the formula important issue to consider in terms of formula is not capturing as reflected in values. However, some PHAs have these adjustments is the year-to-year their current funding levels. Due to variable values outside of the range of volatility in the data. If a PHA’s values those concerns and to minimize the values observed for the 60 sample sites. for the formula variables are highly funding disruption, a floor of $54 per Since the formula is based on a sample volatile from year to year, the result UML was proposed for the U.S. of PHAs with input values within a could be significant swings in the fee Territories. The study did not measure certain range, the cost estimates do not rate amount that would be difficult to costs for any PHAs located in the U.S. necessarily apply in cases where an predict and would further complicate Territories. The study recommended individual PHA may have a value program administration. $54 per UML as the floor for the U.S. outside the range tested. To eliminate The study team analyzed the volatility Territories, which is an approximation those extreme values where the costs of the formula variables. As a result of of the lowest cost per UML in the U.S. and inputs are not likely to have the this analysis, the study recommended Territories at the time of the study. The same relationship as found in the that while the PHA’s values for the $54 floor fee was equal (at the time of model, the study recommended program size, wage index, and 60 miles the study) to the lowest prorated fee restricting the range of allowable values variables should be based on the most received by PHAs in the U.S. Territories to those observed in the PHA sample. recent year of data, the fee formula increased by four percent. Four percent For example, the highest percentage should use three year averages for the is the difference between the cost per of new admissions among the 60 study remaining variables—health insurance UML and the prorated fee per UML for sites was 52.19 percent. If a PHA’s share cost index (now replaced by benefit the lowest cost PHA in the study of new admissions exceeded 52.19 (e.g., load), percent of households with sample. 60.00), the PHA’s value for this variable earned income, and new admissions Some commenters believed that the would be capped at 52.19. Likewise, the rate. The three year average is the fee floor of $42 per UML was lowest percentage of new admissions for average of the latest year where data is inadequate. Suggested alternatives the 60 study sites was 2.93. Even if a fully available and the two preceding included the average cost per unit PHA’s share of new admissions was years. The PHA’s values for the variable observed by study ($70) or the fee the below 2.93 (e.g., 0), the PHA’s value for would continue to be subject to the PHA was receiving immediately prior to this variable would still be 2.93. maximum and minimum limits (the the transition to the new fee formula. HUD Response: The limitation on the range) for that particular variable. Other comments questioned the range of the formula values would apply Some commenters suggested using a rationale and fairness of imposing a at both the implementation of the new 5-year average to further reduce the risk separate floor for the U.S. Territories fee formula and to the subsequent of volatility of the formula variables and and not for other areas that have a annual recalculations of the PHA the potential impact on the disproportionate share of decliners administrative fee that is based the administrative fee. compared to the nation as a whole.18 PHA’s variable values. HUD Response: HUD is retaining the HUD Response: HUD has retained the Specific solicitation of comment #13: 3-year average approach for benefit load, $42 per UML floor for the HUD has retained this limitation on the households with earned income, and administrative fee and the separate $54 PHA values in the proposed new admissions rate, but is specifically per UML floor for the administrative fee administrative fee formula, but is seeking comment on whether to for PHAs in the U.S. Territories for the specifically seeking comment on consider a 3-year averages or alternative fee formula that would be implemented whether this restriction should be averages for the other variables in the in accordance with this proposed rule. modified or removed at the final rule for formula to further reduce the risk of The PHA’s administrative fee, pre- some or all of the formula variables. For volatility. example, HUD is seeking comment on Specific solicitation of comment #14: inflation, would never be less than this whether the limitation on the range of HUD also seeks comment on whether fee floor, even if the fee calculation PHA values should be established at the HUD should use a longer time period, based on the six variables and the PHA 25th and 75th percentile of all PHAs, such as a 5 year average, for some or all values for those variables would rather than the minimum and maximum of the variables. otherwise have resulted in a lower values that were observed for the 60 Comments on fee floors and ceilings: amount. sample PHAs, for the percent of The study found that across the 60 18 ‘‘Decliners’’ refers to PHAs that would receive households with earned income and the study PHAs, the average administrative less funding under the proposed rule fee formula new admissions variable. Establishing cost per voucher for CY 2013 ranged than they would have received under the current limits based on the values for all PHAs from $42.06 per UML to $108.87 per formula.

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44116 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

HUD does not agree that establishing under the proposed formula ($111.36 new formula, could be harmful to a floor based on the average cost per after the inflation adjustment) would numerous PHAs. unit of $70 observed by the study would have experienced a loss in funding HUD Response accurately reflect the minimum fee relative to what they received under the necessary to administer the program, as current formula. One of HUD’s main objectives in a significant number of the effective, In sum, under the fee formula that undertaking the study and developing a high-performing PHAs in the study would be implemented in accordance new fee formula was to bring a level of sample were in fact administering the with this proposed rule, PHAs would be consistency and stability to the program for less than that amount. HUD subject to a fee floor of $42 per UML administrative fee funding that PHAs also does not believe establishing a fee prior to inflation adjustment and a fee rely upon to carry-out their floor at whatever fee the PHA happened ceiling of $109 per UML prior to administrative responsibilities under to receive under the current formula is inflation adjustment. the program. HUD recognizes the defensible, given that the study found Specific solicitation of comment #15: difficulties that uncertainty and that the current formula does not HUD seeks comment on this proposed unexpected fluctuations in account for the actual cost drivers of approach to setting fee floors and administrative fees create for PHAs in program administration. However, HUD ceilings. terms of their ability to budget and agrees that any decrease in the fee as a Comments on limitations on overall manage their HCV programs beyond the immediate calendar year. Through this result of the new formula must be decreases and increases in the PHA proposed rule HUD seeks to alleviate implemented in a manner that reduces administrative fee at initial the concerns of the commenters that the risk of disruption to PHA operations implementation and subsequent fee implementation of the formula would and gives the agency sufficient time to adjustments: have immediate and potentially prepare and adjust to a decrease in the The study recommended that HUD devastating impacts on PHA operations administrative fee. consider a transition or phase-in plan to HUD is proposing to limit the amount due to severe funding reductions. allow PHAs time to adjust to the new The proposed fee formula already by which a PHA’s fee may decrease fees. The study recognized that a from the actual administrative fee seeks to reduce the potential volatility transition or phase-in plan would be amount the PHA was previously in administrative fees introduced by the particularly important for PHAs that receiving prior to the effective date of new formula by restricting the ranges of would experience a decrease in their the adjustment, both at the initial the variable values and by using three administrative fee under the new implementation of the new fee formula year averages rather than one year of formula. The purpose of a transition and for any subsequent year adjustment. data for the cost drivers that are most at period to full implementation is to (This limitation is discussed in detail risk of dramatic changes from year to minimize the disruption to program later in this preamble.) year. In addition, HUD is proposing to With respect to imposing separate fee operations for those PHAs that would implement an overall cap on the floors for other areas of the country experience a decrease in fee funding. percentage by which the PHA’s beyond the U.S. Territories, HUD is The study suggested HUD consider a administrative fee, pre-inflated, may declining to do so in the proposed rule. simple phase-in approach that would decrease from the previous HUD believes that the study sample was distribute the loss in fees gradually over administrative fee amount it received, diverse enough in terms of geography, a number of years so that the PHA does both at the initial implementation of the PHA size, market factors, etc., that it is not experience a decrease in fees above new fee formula and the subsequent not evident why establishing separate a certain percentage in any given year. annual recalculations of the floors would be justified for areas other For example, a 5-year phase-in plan administrative fee thereafter. than the U.S. Territories. Under the fee would result in a decliner PHA seeing HUD considered the 5 year and 3 year formula that would be implemented in its fees reduced each year for the first phase-ins but was concerned that those accordance with this proposed rule, five years of implementation. In the fifth approaches could be relatively only six PHAs outside the U.S. year, the PHA would receive the fee cumbersome. Since the PHA’s fee would Territories would receive the fee floor of amount calculated under the new fee be changing each year during the 3 year $42 per UML. formula with no adjustments. The study or 5 year phase-in period, the fee In addition to retaining the $42 per noted that HUD could adjust the time calculation could for some PHAs UML floor for the administrative fee and period for the phase-in (e.g., use 3 years become somewhat complicated, the separate $54 per UML floor for the instead of 5 years) and could limit the especially if the PHA’s fee under the administrative fee for PHAs in the U.S. phase-in to a subset of PHAs (such as new formula was increasing and/or Territories recommended by the study, only to PHAs experiencing a decrease decreasing throughout the transition HUD proposes to establish a maximum over a certain percentage threshold.) period to full implementation. Placing a fee of $109 per UML (prior to inflation) Another alternative suggested by the limitation on how much the for all PHAs. HUD’s rationale is that study was for HUD to limit the extent recalculated administration fee could $109 per UML is the highest cost of individual gains or losses from the decrease from the previous fee amount measured by the study for a high- funding received the year before the received by the agency would be far performing and efficient HCV program. formula implementation. easier to calculate and explain. Under the fee formula that would be Many comments expressed concern Under the fee formula that would be implemented in accordance with this that implementation of the new formula implemented in accordance with this proposed rule, two percent of PHAs could result in disruptions to PHA proposed rule, the PHA administrative overall would have predicted fees in operations. Commenters were not only fee per UML could be no less than 95 excess of $109 per UML (prior to concerned about the negative impact on percent of the ongoing administrative inflation). These PHAs would receive agencies that would see a decline in fee per UML the PHA received from the maximum fee of $109 per UML, their fee as a result of the formula HUD for the year prior to the effective prior to the inflation adjustment. In change but also expressed fears that date of the new per UML fee amount, 2014, none of the PHAs that would have implementation, if coupled with adjusted for inflation. In other words, received the ceiling fee of $109 per UML insufficient appropriations to fund the the PHA administrative fee per UML

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44117

could not decrease by more than 5 UML received in the previous year percent from the previous year’s fee per percent per year as a result of the new under the new formula, not to exceed UML. formula implementation or the 140 percent of the fee per UML received Specific solicitation of comment #16: subsequent annual recalculation based in the previous year under the new 16a. HUD seeks comment on this on the changes in the PHA’s variable formula. In this way, each PHA will proposed approach to limiting decreases values. eventually receive the fee per UML and increases. Specifically HUD seeks In addition to limiting the percent by calculated by the new formula based on comment on the proposed limitation on which a PHA’s administrative fee may the PHA’s variable values, but the increases and decreases as the result of decrease at implementation and in increase or decrease in fees will take the formula (fees may not decrease by subsequent years, HUD is proposing to place gradually in order to minimize the more than 5 percent from year to year limit the percentage increase in the risk of disruption to PHA operations. or increase by more than 40 percent administrative fee at implementation from year to year as the result of the and in subsequent annual recalculation Comments on Limiting Increases to the formula) as well as the following of the administrative fee based on Fee alternatives. changes in the PHA’s variable values. In general, most comments were (a) There is no limit on increases as Under the fee formula that would be opposed to establishing a limit on a result of the formula. implemented in accordance with this increases to the fee. On one hand HUD (b) There is no limit on decreases as proposed rule, the PHA administrative is reluctant to impose limits on the result of the formula. fee per UML in any given year could be increases in administrative fees brought (c) The limit on increases is changed no more than 140 percent of the about by the new formula. The formula to 20 percent. (d) The limit on increases is changed administrative fee per UML that the is designed to reflect the actual costs of PHA received for the year prior to the to 30 percent. administering the HCV program, and (e) The limit on decreases is changed effective date of the new per UML fee phasing in or limiting the increases in amount, adjusted for inflation. HUD to 10 percent. a PHA’s administrative fee would delay 16b. HUD is also specifically believes that 40 percent still represents the time when the PHA’s fee would a very significant increase in an requesting comment on the proposal reflect those costs. On the other hand, that would allow HUD to further administrative fee for the impacted one of the more common concerns PHAs. By capping the percentage constrain the maximum percentage expressed in the comments was the increase for gainer PHAs when increase in a PHA’s fee to no more than potential adverse impact of insufficient 40 percent, the formula covers the cost necessary to ensure that the decliner administrative fee appropriations and PHAs’ fees do not decrease by more of limiting the decrease for the decliner resulting pro-rations on the new formula PHAs without increasing the amount of than 5 percent annually. Are such at implementation, especially for additional constraints on gainer PHAs funding that would be necessary to fully agencies that would experience a fund the fee formula if there was no appropriate in the event of insufficient decline in funding as the result of the appropriations or should fees be transition under the new formula. In new formula. other words, the protection for the prorated equally in such a circumstance, decliner PHAs does not increase the HUD Response regardless of whether a PHA is a gainer overall cost of the new formula if HUD or a decliner? Should parameters be Limiting the annual increase of the also limits the annual increase for established to ensure that the gainer administrative fee to a reasonable gainers to no more than 40 percent of PHAs receive at least a minimum standard as part of the formula reduces the previous year’s administrative fee. percentage increase? For example, the Applying the proposed caps on both the overall cost and increases the formula could provide that in cases the percent by which the PHA likelihood that the appropriations where the maximum percentage gain administrative fee per UML could funding would not result in significant must be further constrained beyond the decrease in any given year and the pro-rations. The study and a new fee normally applicable 40 percent cap, the percent by which the PHA formula based on the study’s findings maximum cap would not be set below administrative fee per UML could provide evidence-based justification for a 10 percent increase. increase in any given year, the fee HUD’s Budget Requests for If funds were still insufficient to fund formula that would be implemented in administrative fee funding. HUD administrative fees after the gainer accordance with this proposed rule believes that implementation of the new PHAs were capped, what further would work as follows. In the first year formula will help to reduce the risk of adjustments should be made to the that the new fee formula is deep pro-rations in administrative fee administrative fees to cover the funding implemented, the PHA’s fee per UML funding for the HCV program. However, shortfall? For example, in such an would be the maximum of the new the availability of appropriated funding instance should the maximum formula fee per UML or 95 percent of is not within HUD’s control. percentage decline be adjusted from 5 the fee per UML received in the In the event that the appropriated percent to a different amount (e.g., 10 previous year under the existing funding is not sufficient to limit the fee percent) to cover or reduce the formula, not to exceed 140 percent of reduction for decliner PHAs to no more remaining shortfall? Or should all the fee per UML received in the than 5 percent from the previous year’s PHAs’ administrative fees (both gainers previous year under the existing fee per UML, under this proposed rule and decliners) simply be equally formula. After the first year of formula HUD would have the authority to prorated downward at that point? More implementation, the point of reference reduce the maximum percentage broadly, are there other, preferable would be the fee received in the increase from the previous year’s fee per approaches to addressing the gains and previous year under the new formula. In UML from 40 percent to a lower declines in administrative fees if other words, in the second year of percentage (e.g., 20 percent). HUD administrative fee funding is implementation, the PHA’s fee per UML would reduce the maximum annual insufficient to cover the need? would be the maximum of the current percentage increase only to the extent 16c. In light of the comments year’s fee per UML based on the new necessary to limit the fee reduction for expressing concerns about insufficient formula or 95 percent of the fee per decliner PHAs to no more than 5 funding and the potential adverse

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44118 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

impact on the new formula’s an inflation rate for each of these costs, all benefits. Because health insurance is implementation, HUD is specifically based on the share of HCV just one component of benefits costs, it seeking comment on whether the rule administrative costs that each may not be a particularly effective proxy should provide that implementation of represented in the study sample of to use to estimate the inflationary the new formula shall or may be PHAs. impact on PHA benefits costs. delayed or suspended in the event that The study team calculated that on HUD believes a simpler approach to administrative fee funding is average, direct labor costs (wages plus measuring inflation in both wages and insufficient to the degree that benefits) accounted for 70 percent of benefits is to use the BLS ECEC. As the implementation may seriously disrupt total direct costs and direct non-labor reader may recall from the benefit load or impair PHA operations. costs represented 30 percent of costs. variable discussion, the study As discussed above, in the event that The study then used BLS ECEC 19 data considered using the ECEC as a measure the appropriated funding is not to determine the benefits costs as a of variation in the cost of benefits, since sufficient to limit the fee reduction for percent of total employer costs for local it measures employer costs for wages, decliner PHAs to no more than 5 and State government employers. In salaries, and all employee benefits for percent from the previous year’s fee per 2014, benefits were 36 percent of total State and local government workers, as UML, under this proposed rule HUD employer costs for local and State opposed to only health insurance costs. would have the authority to reduce the government employers. Since labor The ECEC ultimately was not used as a maximum percentage increase from the costs are 70 percent of the total costs measure for the benefits variable in the previous year’s fee per UML from 40 and benefits costs are 36 percent of the regression model because it did not percent to a lower percentage (e.g., 20 labor costs, this means that benefits make estimates of benefits costs for percent). However, there could be costs are 25 percent of the total costs State and local government workers circumstances where HUD, despite (.70 × .36 = .252) and wages are 45 available below the national level. further restricting the fee increases, may percent of the total cost (.70 × .64 = However, the ECEC does provide not have enough funding to implement .448). So the weights for the three quarterly data on the total cost of the new formula without imposing inflation rates are 0.45 for labor costs compensation (wages plus all types of significant fee prorations to the new (wages), 0.25 for labor costs (benefits), benefits) for State and local government fees. and 0.30 for non-labor costs. workers for the nation as a whole, In such a circumstance, the rule could To measure wage inflation, the study which allows HUD to calculate a wage allow for implementation to be delayed recommended the national average wage and benefits inflation factor to be and instead provide, for example, that for local government workers from the included in the blended inflator factor. HUD shall simply apply an inflator BLS QCEW,20 which is the same source Using the ECEC data also allows HUD factor to the PHA’s administrative fee of data as is used to calculate the wage to use one source for measuring for the previous year and prorate all fees index variable. The inflation rate is inflation in wages and benefits, rather accordingly. However, delaying calculated as the percent change in the than using two different sources with implementation (or further restricting national average wage for local different methodologies. Consequently, the percentage by which a PHA’s fee government workers for the most recent the proposed formula uses ECEC data on may increase under the new formula for year for which the data are available and total cost of compensation for State and that matter) could be disadvantageous to the national average wage for local local government employees to calculate those PHAs that are gainers under the government workers in the formula’s the inflation rate that would apply to new formula. How severe would a base year of 2013. the labor component of HCV funding shortfall need to be to delay To measure inflation in benefits costs, administrative costs, which the study implementation? What specific the study recommended that HUD use found represents 70 percent of total thresholds should be used to delay or the national average cost of health costs, as discussed above. suspend the implementation of the new insurance for private sector employees The inflation rate for labor costs formula under such a policy? For from the HHS MEPS.21 The HHS MEPS (wages and benefits) is calculated as the instance, the threshold could be based is the data source that the study used for percent change in the ECEC national on: The level of funding appropriations the health insurance cost variable in the average for total cost of compensation as a percentage of the level of estimated proposed formula. The inflation rate (cost per hour worked) for State and need; the share of PHAs that would be would be calculated as the percentage local government workers based on the decliners under the new formula; the change in the national average health most recent data available, compared to maximum increase that could be insurance cost for the most recent year the ECEC national average for total cost provided to gainers under the new for which the data are available and the of compensation for State and local formula; or some other factor. national average health insurance cost government workers for the formula’s in the study’s base year of 2013. base year of 2013. Comments on Inflation Adjustment To measure non-labor costs, which HUD Response After the new fee rate is calculated for represents 30 percent of total costs, the the PHA, but prior to the As discussed earlier, HUD dropped study recommended that the formula implementation of limitations on the health insurance cost index from the use the BLS Consumer Price Index increases and decreases described proposed formula and replaced it with (CPI). The CPI measures change over above, an inflation factor would be the benefit load. The same concerns time in the prices paid by urban applied to account for cost increases related to the health insurance cost consumers for a market basket of since 2013 (the year for which the study index would apply to the use of the consumer goods and services. The most estimated costs and upon which the HHS MEPS as a proxy for inflation for comprehensive CPI is the All Items administrative fee formula coefficients Consumer Price Index for All Urban are based). The study recommended a 19 Bureau of Labor Statistics Employer Costs for Consumers (CPI–U). The CPI–U’s blended inflation rate that takes into Employee Compensation. market basket of goods and services 20 Bureau of Labor Statistics Quarterly Census of account the three types of costs: Wages, Employment and Wages. includes most items purchased for benefits, and non-labor costs. The 21 Department of Health and Human Services routine operations by PHAs. The blended rate is the weighted average of Medical Expenditure Panel Survey. inflation rate is calculated as the change

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44119

in the national CPI–U between the most to work with the initial PHA under the administrative fees to reduce recent CPI–U data available and the billing option. administrative burden and streamline CPI–U from the study’s base year of the process. Other comments suggested HUD Response 2013. The study team also considered that 20 percent of the initial PHA’s the Producer Price Index (PPI). The PPI Since the study was issued, HUD administrative fee may not be a measures change over time in the selling updated its portability regulations with sufficient amount for the portability fee. the publication in the Federal Register prices received by domestic producers HUD Response of goods and services. The study team of the Housing Choice Voucher concluded that the CPI is the better Program: Streamlining the Portability While HUD understands that there are option to use as an inflation factor for Process Final Rule, on August 20, 2015. many good reasons to eliminate HAP non-labor costs in the formula, because Under § 982.355(e)(3), the initial PHA billings between PHAs for HAP as well it is the most widely used measure of must ‘‘promptly reimburse the receiving as for administrative fees, the change is price change and it measures inflation PHA for the lesser of 80 percent of the beyond the scope of this proposed rule. as experienced by consumers in their initial PHA’s ongoing fee or 100 percent HUD will continue to explore options to day-to-day living expenses. of the receiving PHA’s ongoing reduce or eliminate portability billings The blended inflation rate is administrative fee for each program unit and other streamlining efforts to reduce calculated as follows: under HAP contract on the first day of administrative burden, including the month for which the receiving PHA technology and business re-engineering Blended inflation rate = the wage and is billing the initial PHA.’’ 22 The solutions. In the interim, the proposed benefits inflator (0.70 multiplied by the proposed formula would eliminate change in how administrative fees are percent change in BLS ECEC total cost of compensation for State and local billing between the PHAs for handled under portability should better government workers from base year of administrative fees. Notwithstanding compensate PHAs for portability costs 2013) + the non-labor cost inflator (0.3 the recent portability rule change, and reduce some administrative multiplied by the change in BLS national eliminating billing for administrative complexity and burden. CPI–U from the base year of 2013.) fees will produce a more efficient HUD believes that 20 percent of the process and a more equitable result. In initial PHA’s administrative fee is the Comments on Use Regional or Local place of having the receiving PHA bill appropriate amount for the separate Inflation Factor Instead of a National the initial PHA for a portion of their portability fee to be paid to the initial Inflation Factor administrative fee, the study PHA for port-out vouchers under billing A few commenters suggested that recommends that the receiving PHA arrangements. Using the time data HUD consider using regional or local receive 100 percent of their own fee collected, the study team developed a inflator factors instead of a national directly from HUD for any port-in regression model to estimate the time inflator factor. vouchers under HAP contract. The PHAs spent on the continuing work initial PHA would not receive a regular required as an initial PHA in a billing HUD Response administrative fee from HUD for arrangement compared to the time spent HUD did not make this change for the vouchers that had ported out of its initially processing each port-out proposed rule. The underlying wage jurisdiction since HUD is compensating transaction. The study team estimated index and benefit load variables that are the receiving PHA directly. However, that on average each voucher under a used to recalculate the PHA’s pre- the initial PHA would receive a separate billing arrangement took about 24 inflated fee each year already account fee from HUD equal to 20 percent of minutes of time during the 8 week RMS for the cost variations that may be their own fee for any voucher for which period, or about 156 minutes over a full attributable to metropolitan and State the initial PHA is being billed for HAP year. On average, PHAs in the study differences. Data are available at a under the portability option. sample spent a little over two and a half regional level for non-labor costs from hours per year for each voucher that Comments on Eliminating Billing for the CPI–U. However, data from the ported-out and was under a billing HAP ECEC on wage and benefits costs are not arrangement. The average time spent on available at the regional level for State Comments generally did not oppose all frontline voucher activities was 13.8 and local government workers. the proposal to eliminate administrative hours per voucher under lease per year. Specific solicitation of comment #17: fee billings between PHA by allowing This means that the average time spent HUD specifically seeks comment on the the receiving PHA to receive 100 by the PHAs on billing activities as an blended inflation rate, particularly the percent of its own administrative fee initial PHA was about 19 percent of the methodology proposed to account for directly from HUD for administering the time spent administering their non-port inflation in wage and benefits costs and portable voucher, while the initial PHA vouchers. HUD is comfortable that the whether HUD should consider using would receive a separate portability fee portability fee for initial PHAs is regional data for the inflation factor from HUD for its continued reasonable based on the study’s findings where available. administrative responsibilities under and has retained it in this proposed the portability procedures. Some rule. Comments on Administrative Fees for comments suggested that HUD should Vouchers Administered Under the eliminate the billing for HAP as well as Comments on Additional Cost Factors Portability Procedures and Supplemental Fees The study found that PHAs with 22 Prior to the rule change, when portability The study noted that in addition to higher percentages of units that are port- billing occurred, the initial PHA was required to modifying the formula, HUD should pay the receiving PHA 80 percent of its ins (family originally moved into the administrative fee for each month that a family consider developing specific fees that PHA’s jurisdiction with a voucher received assistance through the receiving PHA, would be provided separately to PHAs issued by another PHA under the unless the PHAs mutually agreed to a different outside of the ongoing fee formula. The portability procedures) had higher billing amount. The rule change was designed to study’s recommended administrative fee eliminate the incentive for a receiving PHA with a average costs, supporting the theory that lower administrative fee from billing the initial structure already includes one fee that there is additional time associated with PHA with a higher administrative fee. The overall is outside of the ongoing administrative processing port-ins and then continuing intent of the change was to reduce PHA billing. fee formula—the portability fee that is

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44120 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

paid directly to initial PHAs by HUD for in terms on ongoing activities—was types for some activities and recorded port-out vouchers under billing more time consuming and their time under regular vouchers if they arrangements. The study recognized that administratively costly than any other were in doubt. there are many strategic goals, program household type. Reasons included the Project-based Vouchers. The study priorities, and policy objectives where fact that many homeless families have team was able to develop time estimates PHA efforts may need to be addressed poor credit histories and lack landlord for project-based vouchers for 27 PHAs through the provision of additional fees. references, making the housing search in the study sample. For the one PHA Furthermore, a number of cost drivers more problematic, and are more likely in the process of developing a request that were not statistically significant in to have mental health and addiction for proposals (RFP) during the RMS data either the simple regression or the challenges than a typical voucher collection period, the time study combined regression model may still household, complicating retention revealed that the PHA expended a great merit consideration for a separate fee, as efforts. deal of time on PBV compared to regular there is a strong theoretical basis by (2) Special voucher programs. In vouchers. The other 26 PHAs spent on which to conclude that they have addition to measuring time spent on the average about the same amount of time considerable impact on a PHA’s regular voucher program, the study per voucher for project-based vouchers administrative costs. HUD’s Solicitation measured time spent on eight types of as for regular vouchers. However, the 26 of Comment Notice specifically special vouchers: (i) Project-based, (ii) PHAs had wide variations in the time requested comment on whether tenant protection, (iii) Veterans Affairs each PHA spent per voucher on project- additional compensation should be Supportive Housing (HUD–VASH), (iv) based vouchers. Therefore, the study provided for four specific cost drivers non-elderly disabled (NED), (v) family did not draw any definitive conclusions identified by the study, and any other unification program (FUP), (vi) 5-year in terms of the workload associated with areas that the commenters might wish to mainstream, (vii) disaster, and (viii) project-based vouchers compared to the identify. homeownership vouchers. Collecting regular vouchers. The four cost drivers identified in the time data related to special vouchers Homeownership Vouchers. The study study for consideration, and the was challenging because of the very was able to develop time estimates on comments that pertain to each are as small size of the special programs. Nine homeownership vouchers for 27 PHAs. follows: of the 60 study PHAs had no special The study found that PHAs spend (1) Homeless households. The results vouchers at all, and all the special substantially more time per voucher on of the study’s time measurement were vouchers combined represented only 15 homeownership vouchers than on not conclusive about the time spent percent of the voucher portfolio for the regular vouchers. Excluding time spent serving households that are homeless at remaining PHAs. As a result the study on inspections, the PHAs spent on admission compared to serving other was only able to examine the time spent average 22.3 hours per homeownership household types, and the study’s simple per voucher per year for three special voucher per year as opposed 13.6 hours regression analysis did not find the voucher types: HUD–VASH, project- per regular voucher per year. However, share of homeless households to be a based vouchers, and homeownership significant cost driver. However, several vouchers. the study cautioned that substantial PHAs reported that serving formerly HUD–VASH. Two of the 21 PHAs in variation existed with regard to the time homeless households is more time the study sample that administered spent on homeownership vouchers consuming than assisting other voucher HUD–VASH vouchers recorded very across the 27 PHAs. It is also important families, and the study acknowledged it large amounts of time on HUD–VASH to note that the study did not find that was possible that in reporting their time during the RMS data collection period. administering the voucher through RMS, front-line PHA staff may Both of these PHAs were in the process homeownership program to be a not always have been aware of when of developing new HUD–VASH significant cost driver. The study team they were working with a homeless programs and logged a large amount of hypothesized that this may be because client. (Time spent on homeless time developing partnerships and the overall number of homeownership households only accounted for 3 procedures with their Veterans Affairs vouchers was too small relative to the percent of the total data points collected Medical Center (VAMC) counterparts. number of regular vouchers to make a by household type, and only 12 of the While a larger sample size would be measurable difference in the PHAs’ 60 PHAs recorded any time spent necessary for the study to draw a overall costs. working with homeless households.) definitive conclusion, the experience of Comments: A number of commenters Comments. As noted earlier, many of those two agencies suggests that HUD– supported additional fees for HUD– the comments expressed concern that VASH is very time consuming in its VASH vouchers. Some comments including a cost variable for the early stages. focused on the amount of work involved percentage of families with earned The study results were inconclusive to get a new allocation of vouchers off income in the fee formula would have in terms of the amount of time spent on the ground and suggested that HUD a detrimental impact on efforts to the HUD–VASH program after it is employ a preliminary fee model to expand the use of vouchers to serve the established. PHAs in the study reported compensate agencies (e.g., providing homeless. Commenters pointed out that that HUD–VASH is a very time- additional administrative fee funding HUD’s Family Options Study consuming program even after the start- up-front along with the new allocation demonstrated the effectiveness of up phase. However, the study’s time of vouchers to the administering PHA). offering a voucher to a homeless family, estimates did not demonstrate that Other commenters noted that HUD– and that HUD should be doing more, not HUD–VASH vouchers took more time to VASH administration continues to be less, to encourage and support PHA administer on an ongoing basis than more administratively burdensome and efforts to increase the percentage of regular vouchers. The study team noted costly even after initial lease-up, formerly homeless families who are that the time spent on the voucher pointing out that HUD–VASH assisted under the HCV program. A program may have been underestimated participants are more likely to suffer number of PHA commenters stated that because the program is so small or PHA from substance abuse, mental illness, in their experience, serving the staff may have had difficulty in and other challenges that require greater homeless—both at initial lease-up and differentiating among different voucher vigilance and casework on behalf of

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44121

PHA staff to ensure the family remains eliminate the SARR from the ongoing administrative fee is $70 per UML under successfully housed. fee formula and address expanding the new proposed formula, the PHA Comments generally were supportive housing opportunity as a supplemental would receive a one-time fee of $252 for of supplemental fees for or add-on fee. In addition, one each homeless new admission reported homeownership. For example, one commenter—who was supportive of the in PIC.) The average cost of intake, commenter suggested that the $200 that SARR—still encouraged HUD to also eligibility, and lease-up represents a HUD currently pays as a special fee for provide supplemental fees for little over 15 percent of the total cost per a successful homeownership closing be expanding housing and de- voucher leased as determined by the retained. concentration efforts, and suggested that study. The homeless new admission fee With respect to project-based HUD should not only compensate PHAs roughly doubles that percentage to 30 vouchers, some commenters advocated that are successful in location outcomes percent, which would be provided as a for a supplemental fee to address the but also provide supplemental fees to separate fee to the PHA in addition to additional up-front costs to PHAs. PHAs that make progress on improving the regular ongoing fee the PHA would Another suggestion was for HUD to locational outcomes for families. earn for the voucher being under lease. limit supplemental fees for project- Other commenters noted that the This fee would be made in recognition based vouchers to cases where the study found that many of the study of the additional administrative effort to project was expanding housing PHAs lacked the resources to devote assist the homeless family both during opportunities in low-poverty areas or such time or staff to expanding housing the admissions and leasing process and providing housing for homeless or other opportunities. The comments included during the family’s initial transition to persons with disabilities, depending on a suggestion that HUD study the costs of permanent housing. The proposed the cost variables included in the fee successful MTW mobility programs in homeless new admissions fee is also formula or other supplemental fees for order to estimate what an appropriate intended to mitigate some of the expanding housing opportunities or fee would be to address housing concerns that the households with serving the homeless or other persons opportunity efforts. earned income variable in the proposed with disabilities. A number of commenters supported formula might inadvertently discourage Expanding Housing Opportunities the concept of providing supplemental PHAs from prioritizing the homeless and PHA Performance Incentives. The or additional administrative fees to high through local admissions preferences. study suggested that HUD consider performing PHAs. It was noted, for Specific solicitation of comment #18: providing additional fees or fee instance, that HUD currently provides HUD is specifically seeking comment on adjustments for PHAs that score highly financial incentives based on the homeless new admissions fee and on program performance measures such performance in the Performance-Based how it relates to the ongoing as SEMAP or that achieve positive Contract Administration (PBCA) administrative fee set forth in this outcomes related to expanding housing program. It was also suggested, proposed rule. HUD is particularly opportunities. however, that performance incentives interested in whether commenters The study concluded that time spent should not be part of the fee formula believe the fee amount is appropriate on expanding housing opportunities itself, which should simply address the and whether this additional fee would was not a reliable cost driver for administrative costs of running the alleviate concerns about the how the including in the administrative fee program and not be designed to households with earned income variable formula. Very little time was recorded incentivize or drive PHA policy. might inadvertently impact homeless on expanding housing opportunities HUD Response admissions. during the RMS time data collection, With regard to additional fees for and PHAs reported that they did not HUD is appreciative of the many HUD–VASH, HUD also anticipates that have the resources to invest substantial comments submitted on the subject of it would establish a policy to provide a staff time in expanding housing cost drivers and/or incentives for which one-time fee for new allocations of opportunities even though they valued HUD may wish to consider providing a HUD–VASH vouchers. HUD recognizes those activities. Another difficulty is supplemental or add-on fee in addition that because only two PHAs were in the that there is no existing data point by to the ongoing administrative fee midst of implementing a new HUD– which to determine the level of effort a covered by the formula. The proposed VASH program at the time of the RMS PHA is expending on expanding rule includes a section that provides time data collection, the sample is too housing opportunities (beyond the data HUD may provide supplemental fees in small to draw definitive conclusions. collection which is only available for addition to the ongoing administrative However, the time data collection for the 60 study PHAs). Also, because the fees. HUD would describe each of these those two PHAs clearly supports the study did not collect data on the additional fees and how those fees are belief that a new allocation of HUD– outcomes of the expanding housing calculated in a Federal Register Notice. VASH vouchers involves a significant opportunity, it was unclear if those In terms of the supplemental fees amount of additional work for the PHAs that recorded time on expanding proposed for consideration by the study administering PHA. Furthermore, it is housing opportunities actually had any and in light of the cost variables in the reasonable to conclude that any new better outcomes than those PHAs that fee formula that would be implemented allocation of vouchers that requires the did not. The study concluded that the in accordance with this proposed rule, PHA to partner with another entity for SARR, which captures the extent to HUD anticipates that it would establish family referrals (e.g., the family which HCV families live in relatively a new additional fee for new homeless unification program) would similarly more expensive areas, would be a admissions from the PHA waiting list. require additional administrative effort preferable approach to addressing The homeless admissions fee would be beyond what the PHA would normally locational outcomes and the associated a one-time fee equal to 30 percent of the experience in leasing a new allocation administrative costs until these issues PHA’s administrative fee annualized of vouchers. These additional could be addressed. (i.e., the administrative fee multiplied administrative fees would be provided Comments: As noted in the discussion by 12, which the PHA would receive for at the time that the new allocation of above on the SARR variable, some each homeless new admission reported vouchers is obligated to the PHA to comments recommended that HUD in PIC. (For example, if a PHA’s provide the PHA with resources to

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44122 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

establish or strengthen the partnership this information might help inform the structure such a fee if warranted. HUD with the entity upon which the PHA discussion on possible additional fees will revisit this possibility as the must rely for the family referrals and for ongoing HUD–VASH administration. SEMAP reform effort progresses. any other applicable services. (Note that Specific solicitation of comment #20: VI. This Proposed Rule—Regulatory the fee for a new allocation of HUD– HUD is specifically seeking comment on Structure of New Administrative Fee VASH or other vouchers targeted for the the proposed new allocation fee for homeless would be paid in lieu of, not HUD–VASH and other voucher Formula in addition to, the special fee being allocations that require partnership with This proposed rule would amend contemplated above for assisting another entity for applicant referrals and HUD’s regulations in 24 CFR part 982 homeless families.) other services, as well as whether an that govern Section 8 Tenant-Based For both the homeless new additional fee for ongoing HUD–VASH Assistance: Housing Choice Vouchers to admissions fee and additional fees for administration is warranted and, if so, revise the method for determining the HUD–VASH, HUD is seeking comment what would be the appropriate amount amount of funding a PHA will receive on whether providing these and rationale in support of such a fee. for administering the HCV program. supplemental fees would be appropriate On the basis of the comments Administrative Fee—§ 982.152: in the event that Congressional regarding homeownership vouchers, Administrative fees under the HCV appropriations for HCV administrative HUD would retain the current policy of program are governed by § 982.152. The fees are not sufficient to fund the providing a homeownership fee when a ongoing administrative fee provision in supplemental fees without reducing per family purchases a home under the HCV § 982.152(b)(1) provides that the amount unit fees for PHAs overall. Also, HUD is homeownership program. of the ongoing fee is determined by As previously noted (specific requesting comment on any potential HUD in accordance with section 8(q)(1) solicitation of comment #6), HUD is also unintended consequences of providing of the 1937 Act (42 U.S.C. 1437f(q)(1). considering incentive fees to encourage these supplemental fees. The rule also allows HUD to pay a and support PHAs in their efforts to Specific solicitation of comment #19: higher fee for a small program or a improve locational outcomes for HUD is specifically seeking comment on program operating over a large families, including but not limited to what amount would be appropriate for geographic area (§ 982.152(b)(2)) and to this new allocation fee, but is initially cases where the PHA is project-basing pay a lower fee for PHA-owned units thinking that the fee would be equal to vouchers in areas of opportunity. (§ 982.152(b)(3)). 30 percent of the PHA’s annualized Specific solicitation of comment #21: ongoing administrative fee multiplied As previously discussed in specific The proposed rule would revise by the number of vouchers in the new solicitation of comment #6, HUD has § 982.152(b)(2) to establish a new, allocation. (Using the example above, dropped the SARR indicator but is significantly more detailed method for where the PHA’s administrative fee is seeking comment on whether the SARR determining the ongoing administrative $70 per UML under the new proposed or some other indicator that would fee. In addition, the proposed rule formula, a PHA with a new allocation of address the variation in administrative would provide that the actual fee 50 HUD–VASH vouchers would receive cost as it relates to locational outcomes formula calculation would be presented a one-time fee of $12,600.) should be reconsidered for inclusion in in a notice published in the Federal HUD is less certain if additional fees the core formula. As an alternative Register. If HUD subsequently decides beyond the regular administrative fee approach, HUD is also seeking comment to update the formula coefficient values should be provided for the ongoing on how to effectively structure an as the result of changes in program HUD–VASH activities. Although the incentive fee for improving locational requirements or the availability of data, PHAs in the study reported HUD–VASH outcomes of HCV households. For HUD will publish a notice in the vouchers were generally more example, HUD could provide a separate Federal Register that describes the administratively burdensome than fee to a PHA based on the number of proposed change and provides an regular vouchers (which is consistent families that initially leased in low- opportunity for public comment for a with what many HUD–VASH PHAs poverty areas or that move out of areas period of no less than 60 calendar days. have reported to HUD informally over with high concentrations of poverty. As After consideration of public comments, the years), the study’s RMS time discussed earlier, an alternative measure HUD would be required to publish the measurement data was not helpful on might be the number of families that revised formula coefficient values in a this point. In August 2015, HUD sent a move from R/ECAPs to less final notice in the Federal Register letter to all PHAs administering the concentrated areas. Other options could before implementing any changes HUD–VASH program, inviting those include the extent to which the overall (§ 982.152(b)(1)(vii)(B)). agencies to apply for extraordinary percentage of the PHA’s families Portability: Administration by initial administrative fees to cover necessary or residing in areas with high and receiving PHA—§ 982.355(e)(1). extraordinary related expenses that are concentrations of poverty or R/ECAPs Under § 982.355(e)(1), the receiving incurred to increase lease-up success decreases from year to year. Both PHA may bill the initial PHA for rates or decrease the time it takes for a measures would take into consideration housing assistance payments and veteran to locate and move-in to a unit. the locational outcomes of families that administrative fees. The revised In order to apply for these funds, the moved out of the PHA’s jurisdiction administrative fee formula would PHA was required to justify and under the portability procedures. eliminate portability billing for document actions specifically for HUD is not inclined to establish an administrative fees. Therefore, the administering the HUD–VASH program. additional fee for PHAs based on their proposed rule would eliminate the HUD will review the applications and SEMAP score and rating designation at reference to billing for administrative justifications for these extraordinary this time. Since HUD is currently in the fees in § 982.355(e)(1). In addition, administrative funds to identify midst of an effort to revise SEMAP, it is § 983.355(e)(3) establishes the common activities and costs that would premature for HUD to determine requirements governing the initial incurred by HUD–VASH PHAs to whether or not to provide a performance PHA’s reimbursement of administrative improve or maintain HUD–VASH incentive fee based on the PHA’s fees to the receiving PHA. Given the leasing rates, and the extent to which SEMAP score and how to calculate and elimination of portability billing for

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44123

administrative fees, the proposed rule 1538) (UMRA) establishes requirements given year. This would affect the 378 would remove § 983.355(c)(3). for Federal agencies to assess the effects small PHAs that would experience a of their regulatory actions on state, decrease in funding under the new VII. Findings and Certifications local, and tribal governments and the formula—the decrease would be spread Regulatory Planning and Review private sector. This rule does not over as many years as necessary so that OMB reviewed this proposed rule impose any Federal mandate on any no PHA would experience a decrease of more than 5 percent in any given year. under Executive Order 12866 (entitled state, local, or tribal government or the private sector within the meaning of Finally, the new formula does not ‘‘Regulatory Planning and Review’’). UMRA. impose any additional administrative This rule was determined to be an burden on PHAs, as all the formula economically significant regulatory Environmental Impact inputs come from administrative data action, as provided in section 3(f)(1) of This proposed rule sets forth the already being collected by HUD. For the Order. establishment of a rate or cost these reasons, HUD has determined that This rule proposes a new determination and external this rule will not have a significant methodology for determining the administrative procedures related to rate economic impact on a substantial amount of funding a PHA will receive or cost determinations which do not number of small entities. for administering the Housing Choice constitute a development decision Voucher (HCV) Program based on six affecting the physical condition of Executive Order 13132, Federalism variables that better reflect the costs of specific project areas or building sites. Executive Order 13132 (entitled administering the program than the Accordingly, under 24 CFR 50.19(c)(6), ‘‘Federalism’’) prohibits, to the extent current formula. The rule would result this proposed rule is categorically practicable and permitted by law, an in transfers of funding among excluded from environmental review agency from promulgating a regulation stakeholders of more than $100 million under the National Environmental that has federalism implications and a year. Approximately $122 million will Policy Act of 1969 (42 U.S.C. 4321). either imposes substantial direct be transferred between PHAs. The compliance costs on State and local transfer is dependent upon an assumed Regulatory Flexibility Act governments and is not required by level of appropriation ($1,642 million) The Regulatory Flexibility Act (RFA) statute or preempts State law, unless the and will vary correspondingly. (5 U.S.C. 601 et seq.), generally requires relevant requirements of section 6 of the The formula will lead to a transfer to an agency to conduct a regulatory Executive Order are met. This rule does PHAs that are: Smaller; whose residents flexibility analysis of any rule subject to not have federalism implications and are dispersed more widely; have a notice and comment rulemaking does not impose substantial direct higher rate of new admissions and requirements, unless the agency certifies compliance costs on State and local household with labor income; and are that the rule will not have a significant governments or preempt State law located in areas with higher labor costs. economic impact on a substantial within the meaning of the Executive The transfer to the PHA will depend on number of small entities. Order. The proposed administrative fee the sum of all of the effects. It is possible Catalog of Federal Domestic Assistance that cost-drivers could counter-balance formula would apply to all PHAs across Number one another. For example, a small PHA the board, including small entities, The Catalog of Federal Domestic Assistance in a low-wage area may experience no defined for the purpose of the number for 24 CFR part 982 is 14.871. change in its administrative fees. Regulatory Impact Analysis (RIA) as The accompanying Regulatory Impact PHAs that administer fewer than 500 List of Subjects in 24 CFR Part 982 Analysis (RIA) for this rule addresses units. The proposed formula provides Grant programs—housing and the costs and benefits that would result for an upward fee adjustments for PHAs community development, Grant if this rule were to be implemented in that administer fewer than 750 units, programs—Indians, Indians, Public greater detail than this summary can with the largest adjustment provided to housing, Rent subsidies, Reporting and provide, and can be found in the docket PHAs that administer 250 vouchers or recordkeeping requirements. for this rule at http:// fewer. Using 2014 data, the RIA finds Accordingly, for the reasons stated in www.regulations.gov. The docket file is that 1,143 of the 1,521 PHAs with less the preamble, HUD proposes to amend available for public inspection between than 500 units would have a net 24 CFR part 982 as follows: the hours of 8 a.m. and 5 p.m. weekdays increase in funding relative to the in the Regulations Division, Office of existing formula, while 378 will have a PART 982—SECTION 8 TENANT- General Counsel, Department of decrease in funding ($7.9 million) for a BASED ASSISTANCE: HOUSING Housing and Urban Development, 451 net gain of $23.45 million. The $7.9 CHOICE VOUCHER PROGRAM 7th Street SW., Room 10276, million decline is relative to an assumed Washington, DC 20410–0500. Due to level of funding of $1.642 million, ■ 1. The authority citation for part 982 security measures at the HUD which is based on the proposed continues to read as follows: Headquarters building, an advance formula’s calculations using 2014 data Authority: 42 U.S.C. 1437f and 3535(d). appointment to review the docket file (the level of funding required for future ■ 2. In § 982.152, paragraph (a)(2) and must be scheduled by calling the years would be different). paragraph (b)(1) are revised to read as Regulations Division at 202–708–3055 Thus, most small PHAs are expected follows: (this is not a toll-free number). Hearing- to increase their level of administrative or speech-impaired individuals may fee funding under the proposed rule § 982.152 Administrative fee. access this number through TTY by relative to the current administrative fee (a) * * * calling the toll-free Federal Relay formula. Furthermore, as described in (2) Administrative fees may only be Service at 800–877–8339. the preamble, the proposed formula sets paid from amounts appropriated by the a lower bound on per unit fees at 95 Congress. Unfunded Mandates Reform Act percent of the previous year’s per unit * * * * * Title II of the Unfunded Mandates fee, so no PHA would experience a fee (b) Ongoing administrative fee. (1) Reform Act of 1995 (2 U.S.C. 1531– decrease of more than 5 percent in a The PHA ongoing administrative fee is

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 44124 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules

paid for each unit under HAP Contract amounts determined by HUD. For PHAs (A) The receiving PHA is paid 100 on the first day of the month. The outside the U.S. Territories, the percent of its ongoing administrative fee amount of the ongoing administrative maximum ongoing administrative fee is for each unit under HAP contract on the fee is determined annually by HUD based on $109, adjusted for inflation, first day of the month; and based on the most recent available data and the minimum ongoing (B) The initial PHA is paid an ongoing for the cost factors listed in this administrative fee is based on $42, administrative fee that is equal to 20 paragraph (b) at the time of fee adjusted for inflation. For PHAs in the percent of the initial PHA’s regular calculation and will be published in the U.S. Territories, the maximum ongoing ongoing administrative fee for each unit Federal Register consistent with the administrative fee is based on $109, under HAP contract. requirements of section 8(q)(1)(C) of the adjusted for inflation, and the minimum 1937 Act (42 U.S.C. 1437f(q)(1)(C)). ongoing administrative fee is based on (vii) Fee formula calculation and (i) Formula cost factors used to $54, adjusted for inflation. The ongoing formula variable coefficient changes. calculate fee. The formula for administrative fee ceiling and floor (A) HUD shall publish the formula determining the ongoing administrative amounts will be adjusted annually for calculation used to determine the fee for each PHA is based on the inflation in accordance with paragraph ongoing administrative fee in a notice in following cost factors: (b)(1)(iii) of this section. the Federal Register. The notice shall (A) PHA program size. The PHA size (iii) Inflation factor. An inflation include the specific formula variables, is determined by the number of factor will be used to account for the formula variable coefficients, the vouchers under lease. The number of inflation that has taken place between data collection periods, the fee floor and vouchers under lease includes vouchers 2013, when the ongoing administrative ceiling values, and the inflator factor under lease that the PHA is fee formula’s cost drivers were used in the calculation of the ongoing administering on behalf of other PHAs measured, and the point in time at administrative fee. as the receiving PHA under the which amount of the ongoing (B) Any subsequent changes to the portability procedures. The number of administrative fee is determined formula variable coefficients as the vouchers under lease does not include annually by HUD. The inflation factor is result of changes in program any vouchers under lease for which the a blended rate, where 70 percent of the requirements or the availability of data PHA is the initial PHA under the inflation rate captures changes in the will first be proposed in a notice portability procedures and is billing the cost of local government employee published in the Federal Register and receiving PHA (those vouchers are salaries and wages and 30 percent will provide an opportunity for public counted as part of the receiving PHA’s captures changes in the general cost of comment of no less than 60 days. After vouchers under lease). goods and services. (B) Wage index. The wage index is the (iv) Fee amount. The ongoing consideration of public comments, HUD average annual wage for local administrative fee amount is determined will publish the final formula government workers in the area where for each PHA using the most recent calculation with the revised variable the PHA’s headquarters is located, available data for the formula cost coefficients in a notice in the Federal divided by the national average annual factors and the ceiling and floor Register. wage for local government workers. adjustments, in accordance with (viii) Modifications and supplemental (C) Benefit load. The benefit load is paragraphs (b)(1)(i) and (ii) of this fees. HUD may modify allocations or the average employee benefits as a section and multiplied by the annual provide supplemental administrative percentage of salary paid to PHA inflation factor in accordance with fees to address program priorities such employees working on the HCV program paragraph (b)(1)(iii) of this section. as special voucher programs (e.g., the in the State in which the PHA is (v) Restrictions on year-to-year HUD-Veterans Affairs Supportive located. changes in fee amount. The amount by Housing program), serving homeless (D) Percent of households with earned which a PHA’s ongoing administrative households, PHA performance income. The percent of households with fee may increase or decrease from the incentives, and expanding housing earned income is the percent of the previous year under the formula is opportunities. Any modifications or PHA’s active HCV households that had restricted as follows: supplemental fees will be published in any income from employment as of their (A) The ongoing administrative fee for the Federal Register. most recent recertification. a PHA may not exceed 140 percent of (E) New admissions rate. The new the PHA’s ongoing administrative fee for * * * * * admissions rate is the percent of the the previous year, adjusted for inflation. ■ 3. In § 982.355: PHA’s active HCV households that were (B) The ongoing administrative fee for ■ a. Revise paragraph (e)(1); new admissions to the program. a PHA may not be lower than 95 percent ■ (F) Percent of voucher holders living of the PHA’s ongoing administrative fee b. Remove paragraph (e)(3); more than 60 miles from the PHA’s for the previous year, adjusted for ■ c. Redesignate paragraphs (e)(4), (5), headquarters. The percent of the PHA’s inflation. (6), and (7), as (e)(3), (4), (5) and (6). active households living more than 60 (C) In the event that administrative fee The revision reads as follows: miles away from the PHA’s funding is insufficient, HUD may headquarters, where distance is further reduce the maximum fee § 982.355 Portability: Administration by calculated as the shortest distance increase from the previous year’s fee per initial and receiving PHA. between two points. UML if necessary to limit the reduction * * * * * (G) Additional factors. Any additional in the ongoing administrative fee for factors established by HUD in PHAs in accordance with paragraph (e) Portability billing. (1) To cover accordance with paragraph (b)(1)(viii) of (b)(1)(v)(B) of this section. assistance for a portable family that was this section. (vi) Portability. For vouchers under not absorbed in accordance with (ii) Fee ceiling and floor adjustments. HAP contract that are administered paragraph (d) of this section, the The administrative fee will be adjusted under the portability billing procedures receiving PHA may bill the initial PHA if necessary to stay within maximum at § 982.355(e), administrative fee for the housing assistance payments. and minimum administrative fee payment is as follows: * * * * *

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 44125

Dated: June 8, 2016. Lourdes Castro Ramı´rez, Principal Deputy Assistant Secretary, Office of Public and Indian Housing. [FR Doc. 2016–15682 Filed 7–5–16; 8:45 am] BILLING CODE 4210–67–P

VerDate Sep<11>2014 15:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4701 Sfmt 9990 E:\FR\FM\06JYP2.SGM 06JYP2 ehiers on DSK5VPTVN1PROD with PROPOSALS2 Vol. 81 Wednesday, No. 129 July 6, 2016

Part III

The President

Proclamation 9466—To Implement the World Trade Organization Declaration on the Expansion of Trade in Information Technology Products and for Other Purposes

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 44129

Federal Register Presidential Documents Vol. 81, No. 129

Wednesday, July 6, 2016

Title 3— Proclamation 9466 of June 30, 2016

The President To Implement the World Trade Organization Declaration on the Expansion of Trade in Information Technology Products and for Other Purposes

By the President of the United States of America

A Proclamation 1. On July 28, 2015, the United States and other Members of the World Trade Organization (WTO) issued a Declaration on the Expansion of Trade in Information Technology Products (Declaration), which established a frame- work for eliminating duties on certain information and communication tech- nology products. These products include advanced semiconductors, medical equipment, and a range of audio and video equipment. The Declaration sets forth commitments for immediate or staged elimination of duties on the covered products, expanding on duty-elimination commitments set forth in the 1996 Declaration on Trade in Information Technology Products, which the United States implemented in Proclamation 7011 of June 30, 1997. 2. On December 16, 2015, the United States and other WTO Members issued a Ministerial Declaration in which ministers endorsed the Declaration of July 28, 2015, and acknowledged that the conditions for implementation had been met. 3. Section 111(b) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3521(b)) authorizes the President to proclaim the modification of any duty or staged rate reduction of any duty set forth in Schedule XX for products in tariff categories that were the subject of reciprocal duty elimination or harmonization negotiations during the Uruguay Round, if the United States agrees to such action in a multilateral negotiation under the auspices of the WTO, and after compliance with the requirements of section 115 of the URAA (19 U.S.C. 3524). The products covered by the Declaration were the subject of reciprocal duty elimination negotiations during the Uruguay Round, and the requirements of section 115 of the URAA have been met. 4. Accordingly, pursuant to section 111(b) of the URAA, I have determined to proclaim modifications to the tariff categories and rates of duty set forth in the Harmonized Tariff Schedule (HTS), as set forth in Annexes I and II to this proclamation. 5. Section 103(a) of the Trade Preferences Extension Act of 2015 (TPEA) (Public Law 114–27) amended section 506B of the Trade Act of 1974 (the ‘‘1974 Act’’) (19 U.S.C. 2466b) and section 103(b)(1) amended section 112(g) of the African Growth and Opportunity Act (AGOA) (19 U.S.C. 3721(g)), to provide that in the case of a beneficiary sub-Saharan African country, duty-free treatment provided under title V of the 1974 Act shall remain in effect through September 30, 2025. 6. Accordingly, pursuant to section 506B of the 1974 Act and section 112(g) of the AGOA, I have determined that general note 16(c) of the HTS is modified by striking ‘‘September 30, 2015’’ and by inserting in lieu thereof ‘‘September 30, 2025’’. 7. Section 103(b)(2) of the TPEA amended section 112(b)(3)(A) of the AGOA (19 U.S.C. 3721(b)(3)(A)) to extend the regional apparel article program and section 103(b)(3) of the TPEA amended section 112(c)(1) of the AGOA

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 44130 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

(19 U.S.C. 3721(c)(1)) to extend the third-country fabric program through September 30, 2025. 8. Accordingly, pursuant to sections 112(b)(3)(A) and 112(c)(1) of the AGOA, I have determined that chapter 98, subchapter XIX, U.S. note 2(b) of the HTS is modified by striking ‘‘September 30, 2015’’ where stated in ‘‘through the period October 1, 2014 through September 30, 2015’’ and in ‘‘each 1-year period thereafter through September 30, 2015’’ and by inserting in lieu thereof ‘‘September 30, 2025’’. 9. Section 104(c) of the TPEA authorizes the President to proclaim modifica- tions that may be necessary to add the special tariff treatment symbol ‘‘D’’ in the ‘‘Special’’ subcolumn of the HTS for each article classified under a heading or subheading with the special tariff treatment symbol ‘‘A’’ or ‘‘A*’’ in the ‘‘Special’’ subcolumn of the HTS. 10. Accordingly, pursuant to section 104(c) of the TPEA, I have determined it is necessary to add the special tariff treatment symbol ‘‘D’’ in the HTS as set forth in Annex III to this proclamation. 11. Pursuant to sections 501 and 503(a)(1)(B) of the 1974 Act (19 U.S.C. 2461 and 2463(a)(1)(B)), the President may designate certain articles as eligi- ble for preferential tariff treatment under the Generalized System of Pref- erences (GSP) when imported from a least-developed beneficiary developing country if, after receiving the advice of the United States International Trade Commission (Commission), the President determines that such articles are not import-sensitive in the context of imports from least-developed bene- ficiary developing countries. 12. Pursuant to sections 501, 503(a)(1)(B), and 503(b)(5) of the 1974 Act (19 U.S.C. 2461, 2463(a)(1)(b), and 2463(b)(5)), and after receiving advice from the Commission in accordance with section 503(e) of the 1974 Act (19 U.S.C. 2463(e)), I have determined to designate certain articles as eligible articles when imported from a least-developed beneficiary developing coun- try. 13. Pursuant to sections 503(b)(1)(E) and 506A(b)(1) of the 1974 Act (19 U.S.C. 2463(b)(1)(E) and 2466A(b)(1)), the President may designate certain articles as eligible for preferential tariff treatment under the AGOA when the articles are the growth, product, or manufacture of a beneficiary sub- Saharan African country if, after receiving the advice of the Commission, the President determines that such articles are not import-sensitive in the context of imports from beneficiary sub-Saharan African countries. 14. Pursuant to sections 503(b)(1)(E) and 506A(b)(1) of the 1974 Act, and after receiving advice from the Commission in accordance with section 503(e) of the 1974 Act, I have determined to designate certain articles as eligible articles when the articles are the growth, product, or manufacture of a beneficiary sub-Saharan African country. 15. Pursuant to section 503(c)(1) of the 1974 Act (19 U.S.C. 2463(c)(1)), the President may withdraw, suspend, or limit application of the duty- free treatment accorded to specified articles under the GSP when imported from designated beneficiary developing countries. 16. Pursuant to section 503(c)(1) of the 1974 Act, and having considered the factors set forth in sections 501 and 502(c) of the 1974 Act (19 U.S.C. 2462(c)), I have determined to limit the application of duty-free treatment accorded to certain articles from certain beneficiary developing countries. 17. Section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 2463(c)(2)(A)) provides that beneficiary developing countries, except those designated as least-devel- oped beneficiary developing countries or beneficiary sub-Saharan African countries as provided in section 503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), are subject to competitive need limitations on the preferential treatment afforded under the GSP to eligible articles. 18. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined that in 2015 certain beneficiary developing countries exported eligible articles

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44131

in quantities exceeding the applicable competitive need limitations, and I therefore terminate the duty-free treatment for such articles from such beneficiary developing countries. 19. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(i)) provides that the President may disregard the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act (19 U.S.C. 2463(c)(2)(A)(i)(II)) with respect to any eligible article from any beneficiary developing country if the aggregate appraised value of the imports of such article into the United States during the preceding calendar year does not exceed an amount set forth in section 503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)). 20. Pursuant to section 503(c)(2)(F)(i) of the 1974 Act, I have determined that the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act should be disregarded with respect to certain eligible articles from certain beneficiary developing countries. 21. Section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)) provides that the President may waive the application of the competitive need limitations in section 503(c)(2) of the 1974 Act (19 U.S.C. 2463(c)(2)) with respect to any eligible article from any beneficiary developing country if certain conditions are met. 22. Pursuant to section 503(d)(1) of the 1974 Act, I have received the advice of the Commission on whether any industry in the United States is likely to be adversely affected by waivers of the competitive need limita- tions provided in section 503(c)(2) of the 1974 Act, and I have determined, based on that advice and on the considerations described in sections 501 and 502(c) of the 1974 Act and after giving great weight to the considerations in section 503(d)(2) of the 1974 Act (19 U.S.C. 2463(d)(2)), that such waivers are in the national economic interest of the United States. Accordingly, I have determined that the competitive need limitations of section 503(c)(2) of the 1974 Act should be waived with respect to certain eligible articles from certain beneficiary developing countries. 23. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President to embody in the HTS the substance of the relevant provisions of that Act, and of other Acts affecting import treatment, and actions thereunder, including removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 111(b) of the URAA, section 506B of the 1974 Act, sections 112(g), 112(b)(3)(A), and 112(c)(1) of the AGOA, section 104(c) of the TPEA, and title V and section 604 of the 1974 Act, do proclaim that: (1) In order to provide for the immediate or staged elimination of duties on the information technology products covered by the Declaration, the HTS is modified as set forth in Annexes I and II to this proclamation; (2) In order to provide that duty-free treatment provided under the AGOA shall remain in effect through September 30, 2025, general note 16(c) of the HTS is modified by striking ‘‘September 30, 2015’’ and by inserting in lieu thereof ‘‘September 30, 2025’’; (3) In order to provide that the regional apparel article program and the third-country fabric program are effective through September 30, 2025, chapter 98, subchapter XIX, U.S. note 2 of the HTS is modified by striking ‘‘September 30, 2015’’ where stated in ‘‘through the period October 1, 2014 through September 30, 2015’’ and in ‘‘each 1-year period thereafter through September 30, 2015’’ and by inserting in lieu thereof ‘‘September 30, 2025’’; (4) In order to provide for the addition of the special tariff treatment symbol ‘‘D’’ in the ‘‘Special’’ subcolumn where necessary in the HTS, the HTS is modified as set forth in Annex III to this proclamation;

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 44132 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

(5) In order to designate certain articles as eligible articles only when imported from a least-developed beneficiary developing country for purposes of the GSP, the Rates of Duty 1-Special subcolumn for the corresponding HTS subheadings is modified as set forth in Annex IV to this proclamation; (6) In order to designate certain articles as eligible articles only when imported from a beneficiary sub-Saharan African country for purposes of the AGOA, the Rates of Duty 1 Special subcolumn for the corresponding HTS subheadings is modified as set forth in Annex IV to this proclamation; (7) In order to provide that one or more countries should no longer be treated as beneficiary developing countries with respect to one or more eligible articles for purposes of the GSP, the Rates of Duty 1-Special sub- column for the corresponding HTS subheadings and general note 4(d) to the HTS are modified as set forth in sections A and B of Annex V to this proclamation; (8) The modifications to the HTS set forth in Annex V to this proclamation shall be effective with respect to articles entered, or withdrawn from ware- house for consumption, on or after the dates set forth in the relevant sections of Annex V to this proclamation; (9) The competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act is disregarded with respect to the eligible articles in the HTS subheadings and to the beneficiary developing countries listed in Annex VI to this proclamation, effective July 1, 2016; (10) A waiver of the application of section 503(c)(2) of the 1974 Act shall apply to the articles in the HTS subheadings and to the beneficiary developing countries set forth in Annex VII to this proclamation, effective July 1, 2016; and (11) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of June, in the year of our Lord two thousand sixteen, and of the Independ- ence of the United States of America the two hundred and fortieth.

Billing code 3295–F6–P

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 OB#1.EPS Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44133

ANNEX I MODIFICATIONS TO THE HARMONIZED TARIFF SCHEDULE Of THE UNITED STATES

Effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after July 1, 2016, the Harmonized Tariff Schedule of the United States (HTS) is modified as provided herein, with the language in tabular format inserted in the HTS columns entitled 11 11 Heading/Subheading"1 "Article Description", uRates of Duty 1-General , uRates of Duty 1- Specialul and 11 Rates of Duty 2", respectively.

1. Subheadings 3215.11.00 and 3215.19.00 are deleted and the following new provisions are inserted in lieu thereof:

[3215 :Printing ink1 ... :] {Printing ink:] "3215.11 Black: Solid: 3215.11.10 In engineered shapes, for insertion into apparatus of subheadings 8443.31, 8443.32 or 8443.39 ...... : {See an­ :Free (A,AU,BH, : 100..6 : nex II] : CA,Cl,CO,E,IL, : JO,KR,MA,MX, : OM,P,PA,PE,SG}: 3215.11.30 Other...... : 1.8% : Free (A,AU,BH, : 10% : CA,Cl,CO,E,IL, : : JO,KR,MA,MX, : ; OM,P,PA,PE,SG): 3215.11.90 Other...... : 1.8% : Free (A,AU,BH, : 10% : CA,Cl,CO,E,IL, : : JO,KR,MA,MX, ; : OM,P,PA,PE,SG}: 3215.19 Other: Solid: 3215.19.10 In engineered shapes, for insertion into apparatus of subheadings 8443.31, 8443.32 or 8443.39...... :[See an· :Free (A,AU,BH, : 10% : nex II) : CA,Cl,CO,E,Il, : JO,KR,MA,MX, : OM,P,PA,PE,SG): 3215.19.30 Other...... : 1.8% : Free (A,AU,BH, : 10% : CA,CL,CO,E,Il, : : JO,KR,MA,MX, : : OM,P,PA,PE,SG}: 3215.19.90 Other...... : 1.8% : Free (A,AU,BH, : 10%" : CA,Cl,CO,E,lL, : : JO,KR,MA,MX, : : OM,P,PA,PE,SG):

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.001 44134 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

2. Subheading 3506.91.00 is deleted and the following new provisions are inserted in lieu thereof:

[3506 :Prepared glues ... :] [Other:] "3506.91 Adhesives based on polymers of headings 3901 to 3913 or on rubber: 3506.91.10 Optically clear free-film adhesives and optically clear curable liquid adhesives of a kind used solely or principally for the manu· facture of flat panel displays or touch- sensitive screen panels...... : (See an- :Free (A,AU,BH, : 20% : nex Ill ; CA,Cl,CO,E,IL, : JO,KR,MA,MX, : OM,P,PA,PE,SG): 3506.91.50 Other...... : 2.1% :Free (AAU,BH, : 20%" : CA,Cl,CO,E,IL, : : JO,KR,MA,MX, : : OM,P,PA,PE,SG):

3(a). Subheading 3907.99.01 is deleted and the following new provisions are inserted in lieu thereof:

[3907 : Polyacetals,. .. :] [Other polyesters:] "3907.99 Other: 3907.99.20 Thermoplastic liquid crystal aromatic polyester copolymers...... : (See an­ :Free (A,AU,BH, : 15.4C + : nex II] : CA,CL,CO,E,Il, : 45% : JO,MA,MX,OM, : : P,PA,PE,SG) :3.2% {KR) 3907.99.50 Other...... : 6.5% : Free (AAU,BH, : 15.4¢ + : CA,CL,CO,E,Il, : 45%" : JO,MA,MX,OM, : : P,PA,PE,SG) :3.2% (KR)

(b) The duty rates in the "Rates of Duty 1-Special" subcolumn followed by the symbol "{KR)" for subheadings 3907.99.20 and 3907.99.50 shall each be deleted at the close of December 31 on each of the following years, and the rate of duty set forth opposite each such year shall be inserted effective for goods of Korea in lieu thereof in each such subheading:

2017 2.6% 2018 1.9% 2019 1.3% 2020 0.6% 2021 Free

2

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.002 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44135

4{a). Subheading 3923.10.00 is deleted and the following new provisions are inserted in lieu thereof:

[3923 : Articles ... :} "3923.10 Boxes, cases, crates and similar articles: 3923.10.20 Specially shaped or fitted for the conveyance or packing of semiconductor wafers, masks or reticles of subheadings 3923.10 or 8486.90...... :[See an­ :Free (A,AU,BH, : 80% : nex II] : CA,CL,CO,E,Il, : JO,MA,MX,OM, : : P,PA,PE,SG) :1.5% {KR) 3923.10.90 Other...... : 3% : Free (A,AU,BH, : 80%" : CA,Cl,CO,E,IL, : : JO,MA,MX,OM, : : P,PA,PE,SG} :1.5% (KR}

(b) The duty rates in the "Rates of Duty 1-Special" subcolumn followed by the symboi"(KR)" for subheadings 3923.10.20 and 3923.10.90 shall each be deleted at the close of December 31 on each of the following years, and the rate of duty set forth opposite each such year shall be inserted effective for goods of Korea in lieu thereof in each such subheading:

2017 1.2% 2018 0.9% 2019 0.6% 2020 0.3% 2021 free

5. Chapter 84 is modified by inserting in numerical sequence the following new additional U.S. note 5:

"5. For purposes of this chapter, the expression "goods described in additional U.S. noteS to this chapter" are multi-component integrated circuits (MCOs), comprising a combination of one or more monolithic, hybrid, and/or multi-chip integrated circuits with at least one of the foltowing components: silicon-based sensors, actuators, oscillators, resonators or combinations thereof, or components performing the functions of articles classifiable under heading 8532, 8533, 8541, or inductors classifiable under heading 8504, formed to all intents and purposes indivisibly into a single body like an integrated circuit, as a component of a kind used for assembly onto a printed circuit board (PCB) or other carrier, through the connecting of pins, leads, balls, lands, bumps, or pads.

For the purpose of this definition :

1. ~~components" may be discrete, manufactured independently then assembled onto the rest of the MCO, or integrated into other components.

3

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.003 44136 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

2. "Silicon based" means built on a silicon substrate, or made of silicon materials, or manufactured onto integrated circuit die.

3. (a} "Silicon based sensors" consist of microelectronic and/or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of detecting physical or chemical quantities and transducing these into electric signals, caused by resulting variations in electric properties or displacement of a mechanical structure. "Physical or chemical quantities" relates to real world phenomena, such as pressure, acoustic waves, acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field strength, light, radioactivity, humidity, flow, chemicals concentration, etc.

(b) "Silicon based actuators" consist of microelectronic and mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of converting electrical signals into physical movement

(c) "Silicon based resonators" are components that consist of microelectronic and/or mechanical structures that are created in the mass or on the surface of a semiconductor and have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures in response to an external input.

{d) "Silicon based oscillators" are active components that consist of microelectronic and/or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures."

6. Subheading 8414.59 is modified by inserting in numerical sequence the following new provision, and by redesignating subheading 8414.59.60 as 8414.59.65:

[8414 :Air... :] [Fans:] [8414.59 Other:] .. 8414.59.15 Fans of a kind used solely or principally for cooling microprocessors, telecommunica· tions apparatus, automatic data processing machines or units of automatic data processing machines ...... '...... : Free : 35%"

7. Subheading 8423.20.00 is deleted and the following new provisions are inserted in numerical sequence:

4

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.004 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44137

(8423 :Weighing ... :} "8423.20 Scales for continuous weighing of goods on conveyors: 8423.20.10 Using electronic means for gauging weights...... : Free :45%

8423.20.90 Other...... : 2.9% :Free {A,AU,SH, : 45%" : CA,Cl,CO,E,ll, : JO,KR,MA,MX, : OM,P,PA,PE, :SG}

8. Subheadings 8423.89.00 and 8423.90.00 are deleted and the following new provisions are inserted in lieu thereof:

[8423 :Weighing .... :} [Other weighing machinery:] "8423.89 Other: 8423.89.10 Using electronic means for gauging...... : free :45%

8423.89.90 Other...... : 2.9% :Free (A,AU,BH~ : 45% : CA,Cl,CO,E,Il, : JO,KR,MA,MX, : OM,P,PA,PE, . :SG) 8423.90 Weighing machine weights of all kinds; parts of weighing machinery: 8423.90.10 Parts of weighing machinery using electronic means for gauging weight, excluding parts of machines for weighing motor vehicles...... : Free :45%

8423.90.90 Other...... : 2.8% :Free (A,AU,BH, : 45%" : CA,Cl,CO,E,Il, : JO,KR,MA,MX, : OM,P,PA,PE, : SG)

9. Subheading 8424.89.00 is deleted and the following new provisions are inserted in lieu thereof:

[8424 : Mechanical ... :] [Other appliances:] "8424.89 Other: 8424.89.10 Mechanical appliances for projecting, dispersing or spraying, of a kind used solely or principally for the manufacture of printed : circuits or printed circuit assemblies...... : Free :35% 8424.89.90 Other...... : 1.8% :Free (A,AU,S,BH,: 35%" : CA,Cl,CO,E,It, : ; JO,KR,MA,MX, : : OM,P,PA,PE,SG):

5

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.005 44138 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

10. Subheading 8456.10.80 is deleted and the following new provisions are inserted in lieu thereof:

[8456 : Machine ... :] [8456.10 Operated ... :] "Other: 8456.10.70 Of a kind used solely or principally for the manufacture of printed circuits, printed circuit assemblies, parts of heading 8517 or parts of automatic data processing units...... : Free :30%

8456.10.90 Other...... : 2.4% :Free {A,AU,BH, : 35%" : CA,CL,CO,E,IL, : JO,KR,MA,MX, : OM,P,PA,PE, : SG)

11. Subheading 8466.93.95 is deleted and the following new provisions are inserted in lieu thereof:

(8466 : Parts ... :] {Other:] [8466.93 For ... :] [Other:] {Other:] [Other:] "Other: 8466.93.96 Parts and accessories of machine tool of subhead- ings 8456.10,8456.30, 8457.10, 8458.91,8459.21, : 8459.61 and 8461.50, of a : kind used solely or princi- pally for the manufacture of: printed circuits, printed circuit assemblies, parts of heading 8517 or parts of automatic data processing machines...... : Free :35%

8466.93.98 Other...... :4.7% :Free {AAU,BH, : 35%" : CA,CL,CO,E,IL, : JO,KR,MA,MX, : OM,P,PA,PE,SG):

12. Subheadings 8473.10.20 through 8473.10.90 are deleted and the following new provisions are inserted in lieu thereof:

6

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.006 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44139

(8473 :Parts ... :] [8473.10 Parts ... :] "8473.10.01 Goods described in additional U.S. note 5 to this chapter...... :Free :45%

Other: Parts: Of word processing machines: 8473.10.20 Printed circuit assemblies ...... :Free :45%

8473.10.41 Other ...... :Free :45% 8473.10.60 Other...... :Free :45% 8473.10.90 Other...... :Free :45%"

13. Subheadings 8473.40.10 and 8473.40.85 are deleted and the following new provisions are inserted in lieu thereof:

[8473 :Parts ... :] [8473.40 Parts ... :} "8473.40.01 Goods described in additional U.S. note 5 to this chapter: ...... :Free :35%

Other: 8473.40.10 Printed circuit assemblies for automatic teller machines of subheading 8472.90.10.... :Free :35% 8473.40.86 Other...... :Free :35%"

14(a). Subheading 8479.89.98 is deleted and the following new provisions are inserted in lieu thereof:

[8479 :Machines ... :] [Other... :] [8479.89 Other:] "8479.89.92 Automated electronic component place­ ment machines of a kind used solely or principally for the manufacture of printed circuit assemblies...... : Free :35%

8479.89.94 Other...... : 2.5% : Free (A,AU,BH, : 35%" : C,CA,Cl,CO,E, : ll,JO,MA,MX, : OM,P,PA,PE, : SG) :1.2% {KR)

(b) The duty rate in the "Rates of Duty !-Special" subcolumn followed by the symbol "(KR) 11 for subheading 8479.89.94 shall be deleted at the close of December 31 on each of the following

7

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.007 44140 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

years and the rate of duty set forth opposite each such year shall be inserted effective for goods of Korea in lieu thereof:

2017 1% 2018 0.7% 2019 0.5% 2020 0.2% 2021 Free

15. The following new additional U.S. note 14 is inserted in numerical sequence in chapter 85:

"14. For purposes of this chapter, the expression "goods described in additional U.S. note 14 to this chapter" are multi-component integrated circuits (MCOs}, comprising a combination of one or more monolithic, hybrid, and/or multi-chip integrated circuits with at least one of the following

components: silicon-based sensors/ actuators, oscillators, resonators or combinations thereof1 or components performing the functions of articles classifiable under heading 8532, 8533, 8541, or inductors classifiable under heading 8504, formed to all intents and purposes indivisibly into a single body like an integrated circuit, as a component of a kind used for assembly onto a printed circuit board (PCB) or other carrier, through the connecting of pins, leads, balls, lands, bumps, or pads.

For the purpose of this definition :

1. "Components" may be discrete, manufactured independently then assembled onto the rest of the MCO, or integrated into other components.

2. "Silicon based" means built on a silicon substrate, or made of silicon materials, or manufactured onto integrated circuit die.

3. {a) "Silicon based sensors" consist of microelectronic and/or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of detecting physical or chemical quantities and transducing these into electric signals, caused by resulting variations in electric properties or displacement of a mechanical structure. "Physical or chemical quantities" relates to real world phenomena, such as pressure, acoustic waves, acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field strength, light, radioactivity, humidity, flow, chemicals concentration, etc.

(b) "Silicon based actuators" consist of microelectronic and mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of converting electrical signals into physical movement.

(c) "Silicon based resonators" are components that consist of microelectronic and/or mechanical structures that are created in the mass or on the surface of a semiconductor and have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures in response to an external input.

8

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.008 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44141

(d) "Silicon based oscillators" are active components that consist of microelectronic and/or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures."

16. Subheadings 8504.90.20 through 8504.90.95 are deleted and the following new provisions are inserted in lieu thereof:

18504 :Electrical transformers, .. :] [8504.90 Parts:) "8504.90.01 Goods described in additional U.S. note 14 to this chapter...... :Free :35%

Other: Of power supplies for automatic data processing machines or units thereof of heading 8471; of power supplies for goods of subheading 8443.31 or 8443.32; of power : supplies for monitors of subheading 8528.41 : or 8528.51 or projectors of subheading 8528.61: 8504.90.20 Printed circuit assemblies...... :Free :35%

8504.90.41 Other...... :free :35% Other: Printed circuit assemblies: 8504.90.65 Of the goods of subheading 8504.40 or 8504.50 for telecommunication apparatus ..... :Free :35%

8504.90.75 Other...... :[See an· :Free (A,AU,B, :35% : nex ll] : BH,CA,Cl,CO, E,IL,JO,KR,MA, : MX,OM,P,PA, : PE,SG) 8504.90.96 Other: ...... :[See an· :Free {A,AU,B, :35%" : nex II} : BH,CA,Cl,CO, E,ll,JO,KR,MA, : MX,OM,P,PA, : PE,SG)

17. Subheading 8505.90.80 is deleted and the following new provisions are inserted in lieu thereof:

9

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.009 44142 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

{8505 : Electromagnets; ... :) [8505.90 Other, ... :] "8505.90.70 Electromagnets of a kind used solely or principally : for magnetic resonance imaging apparatus, other than [electromagnets)[ apparatus] of heading 9018...... :Free :35%

8505.90.75 Other...... : 1.3% :Free (A,AU,B,BH,: 35%" : CA,Cl,CO,E,IL, : : JO,KR,MA,MX, : : OM,P,PA,PE, : SG)

18. Subheading 8514.30.00 is deleted and the following new provisions are inserted in lieu thereof:

{8514 : IndustriaL:] "8514.30 Other furnaces and ovens: 8514.30.10 Of a kind used solely or principally for the manu­ facture of printed circuits or printed circuit circuit assemblies...... : Free :35%

8514.30.90 Other...... : 1.3% : Free {A,AU,BH, : 35%" : CA,Cl,CO,E,IL, : : JO,KR,MA,MX, : : OM,P,PA,PE, :SG)

19. Subheadings 8518.90.20 through 8518.90.80 are deleted and the following new provisions are inserted in lieu thereof:

10

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.010 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44143

[8518 :Microphones ... :] [8518.90 Parts:] "8518.90.01 Goods described in additional U.S. note 14 to this chapter...... :Free :35%

Other: Of line telephone handsets of subheading 8518.30.10; of repeaters of subheading 8518.40.10: 8518.90.20 Printed circuit assemblies of line tele- phone handsets; parts of repeaters..... :Free :35%

8518.90.41 Other...... :[See an- :Free {AAU,B, :35% : nex ill : BH,CA,Cl,CO, : E,ll,JO,KR,MA, : : MX,OM,P,PA, : PE,SG) Other: 8518.90.60 Printed circuit assemblies of the articles of subheading 8518.10.40 or 8518.29.40 ...... :Free :35%

8518.90.8i Other...... :[See an- :free {A,AU,a, :35%" : nex II] : BH,CA,Cl,CO, : E,ll,JO,KR,MA, : : MX,OM,P,PA, : PE,SG}

20. Subheadings 8522.90.35, 8522.90.55 and 8522.90.75 and the intervening immediate superior text to subheadings 8522.90.25 and 8522.90.45 are deleted and the following new provisions (including new subheading 8522.90.01) are inserted in numerical sequence:

[8522 :Parts ... :} [8522.90 Other:] "8522.90.01 Goods described in additional U.S. note 14 to this chapter...... :free :35%

Other, comprising assemblies and subassemblies : of articles provided for in subheading 8519.81.40, : consisting of two or more pieces fastened or joined together:" [8522.90.25 Printed ... ] . "8522.90.36 Other...... : {See an- : Free (A,AU,B, : 35%" : nex II] : BH,C,CA,Cl,CO,: : E,ll,J,JO,KR,MA,: : MX,OM,P,PA, : PE,SG)

11

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.011 44144 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

[8522 :Parts ... :} {8522.90 Other:] Other parts of telephone answering machines: [8522.90.45 Printed ... ] "8522.90.58 Other...... :Free :35%" {Other:) [8522.90.65 Printed ... } "8522.90.80 Other...... :Free :35%"

21. Subheading 8527.21.10 is deleted and the following new provisions are inserted in lieu thereof:

{8527 :Reception... :] (Radiobroadcast...: l [8527.21 Combined ... :] "Radio·tape player combinations: 8527.21.15 Combined with sound recording or reproducing apparatus capable of receiving and decoding digital radio data system signals...... : Free :35%

8527.21.25 Other.... ,...... : 2% :Free (A,AU,B,BH,: 35%" : CA,Cl,CO,E,It, : : JO,KR,MA,MX, : : OM,P,PA,PE, : SG)

22. Subheadings 8529.10.20 through 8529.10.90 are deleted and the following new provisions are inserted in lieu thereof:

[8529 :Parts ... :} [8529.10 Antennas and antenna reflectors of all kinds; parts suitable for use therewith:} "8529.10.01 Goods described in additional U.S. note 14 to this chapter...... :Free :35%

Other: 8529.10.21 Television...... :Free :35%

8529.10.40 Radar, radio navigational aid and radio remote control...... ::Free :35%

8529.10.91 Other...... :(See an· :Free (A,AU,B, :35%" : nex 111 : BH,CA,Ct,CO, : O,E,It,JO,KR, : MA,MX,OM,P, : : PA,PE,SG)

12

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.012 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44145

23. Subheading 8529.90 is modified by deleting subheadings 8529.90.01 through 8529.90.97 (other than bracketed language), and by inserting the following new provisions in lieu thereof:

[8529 :Parts... :] [8529.90 Other:] "8529.90.01 Goods described in additional U.S. note 14 to this chapter ...... :Free :35%

Other:" [Printed circuit assemblies:] {Of television apparatus .... :] "8529.90.04 Tuners...... : [See an- :Free (A,AU,B, : 35% : nex II] : BH,CA,Cl,CO,E, : : IL,JO,KR,MA, : MX,OM,P,PA, : PE,SG) Other, comprising printed circuit boards and ceramic substrates with components ssembled thereon, for color television receivers; subassemblies containing one or more of such boards or substrates, except tuners or convergence assemblies: 8529.90.05 Entered with components enumerated in additional U.S. note 14 to this chapter...... : [See an- :Free (A+,AU,B, : 35% : nex II] : BH,CA,CL,CO,E, : : IL)O,KR,MA, : MX,OM,P,PA, : PE,SG) 8529.90.06 Other ...... :Free :35% Other: 8529.90.09 For television cameras...... : Free :35%

8529.90.13 Other...... :[See an- : Free (A+,AU,B, : 35% : nex II] : BH,CA,Cl,CO,E, : : IL,JO,KR,MA, : MX,OM,P,PA, : PE,SG):

13

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.013 44146 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

{8529 : Parts ... :] [8529.90 Other:) [Other:] [Printed ... :] Of radar, radio navigational air or radio remote control apparatus: 8529.90.16 Assemblies and subassemblies, consisting of 2 or more parts or pieces fastened or joined together...... : Free :35%

8529.90.19 Other...... :[See an- : Free (A,AU,BH, : 35% :nex It} : C,CA,CL,CO,E,Il,: : JO,KR,MA,MX, : : OM,P,PA,PE,SG): 8529.90.22 Other ...... : Free :35%

8529.90.24 Other, comprising transceiver assemblies for : the apparatus of subheading 8526.10, other : than printed circuit assemblies ...... :[See an· :Free (A,AU,BH, : 35% : nex H) : C,CA,CL,CO,E,Il,: : JO,KR,MA,MX, : : OM,P,PA,PE,SG}: Parts of television receivers specified in additional U.S. note 9 to this chapter, other than printed circuit assemblies: 8529.90.29 Tuners ...... :Free :35%

Subassemblies, for color television receivers, containing two or more printed circuit boards or ceramic substrates with components assembled thereon, except tuners or convergence assemblies: 8529.90.33 Entered with components enumerated In additional U.S. note 4 to this chapter ...... :Free :35%

8529.90.36 Other...... :Free :35% 8529.90.39 Other...... [See an- :Free (A+,AU,B, :35% : nex II] : BH,CA,CL,CO,D,: : E,ll,JO,KR,MA, : MX,OM,P,PA,

: PE1 SG)

14

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.014 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44147

{8529 :Parts... :} [8529.90 Other:] [Other:] Combinations of parts specified in additional U.S. note 9 to this chapter: Subassemblies, for color television receivers, containing two or more printed circuit boards or ceramic substrates with components assembled thereon, except tuners or convergence assemblies: 8529.90.43 Entered with components enumerated in additional U.S. note 4 to this chapter...... :Free :35%

8529.90.46 Other...... :Free :35%

8529.90.49 Other...... :[See an- :Free (A+,AU,S, :35% : nex II] : BH,CA,Cl,CO,D~:

: E,ll,JO,KR1 MA, : MX,OM,P,PA, : PE,SG)

8529.90.53 Flat panel screen assemblies for the apparatus of subheadings 8528.59.15, 8528.59.21, 8528.59.23, 8528.59.25, 8528.59.31, 8528.59.33, 8528.69.35, 8525.69.40, 8528.69.45, 8528.69.50, 8528.72.62,8528.72.64, 8528.72.68 and 8528.72.72...... :[See an- :Free (A+,AU,S, :35% : nex II] : BH,CA,CL,CO,O,: : E,ll,JO,KR,MA, : MX,OM)>,PA, : PE,SG) Other, parts of printed circuit assemblies, including face plates and lock latches: Of television apparatus: 8529.90.63 for television cameras...... :Free :35%

8529.90.68 Other...... :[See an- :Free (A+,AU,B, :35% : nex II] : BH,CA,Cl,CO,D,: : E,ll,JO,KR,MA, : MX,OM,P,PA, : PE,SG)

8529.90.73 Of radar, radio navigational aid or radio remote control apparatus ...... :free :35%

8529.90.75 Other...... :Free :35%

15

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.015 44148 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

{8529 :Parts ... :) [8529.90 Other:} [Other:] Other parts of articles of headings 8525 and 8527: Of television apparatus: For television cameras: 8529.90.78 Mounted lenses suitable for use in, and entered separately from, closed­ circuit television cameras, with or without attached electrical or non-electrical closed-circuit television camera connectors, and with or without attached motors ...... :Free :35%

8529.90.81 Other...... :{See an- :free (A,AU,BH, :35% : nex IIJ : CA,Cl,CO,E,Il, : JO,KR,MA,MX, ; OM,P,PA,PE,SG):

8529.90.83 Other...... :[See an- :Free (A+,AU,S, :35% : nex II] : BH,CA,Cl,CO,D,: : E,ll,JO,KR,MA, : MX,OM,P,PA, : PE,SG)

8529.90.86 Other...... :Free :35% Other: Of television receivers: Subassemblies, for color television receivers, containing two or more printed circuit boards or ceramic substrates with : components assembled thereon, except tuners or convergence assemblies: 8529.90.88 Entered with components enumerated in additional U.S. note 4 to this chapter .. :Free :35%

8529.90.89 Other...... :Free :35% 8529.90.93 Other...... :[See an- ::Free(A+,AU,B, :35% : nex II] : BH,CA,Cl,CO,E, : : IL,JO,KR,MA,MX,: : OM,P,PA,PE,SG):

16

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.016 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44149

8529 ; Parts... :] [8529.90 Other:] [Other:] [Other:] Of radar, radio navigational aid or radio : remote control apparatus: 8529.90.95 Assemblies and subassemblies, consisting of 2 or more parts or pieces fastened or joined together...... :[See an- :Free {A,AU,BH, :35% : nex 11) : CA,Ct,CO,E,ll, : JO,KR,MA,MX, : OM,P,PA,PE,SG):

8529.90.97 Other ...... :[See an- :Free (A,AU,BHI :35% : nex II] : CA,CL,CO,E,IL, : JO,KR,MA,MX, : OM,P,PA,PE,SG): 8529.90.99 Other...... :Free :35%"

24. Subheadings 8531.80.00 through 8531.90.90 (except 8531.90) are deleted and the following new provisions are inserted in lieu thereof:

17

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.017 44150 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

[8531 : Electric ... :] "8531.80 Other apparatus: 8531.80.15 Doorbells, chimes, buzzers and similar apparatus ... : 1.3% : Free (A,AU,B, : 35% : BH,C,CA,Cl,CO, : : E,ll,JO,KR,MA, : MX,OM,P,PA, : PE,SG) 8531.80.90 Other...... :[See an· :Free (A,AU,B, : 35%" : nex II] : BH,C,CA,Cl,CO, : : E,ll,JO,KR,MA, : MX,OM,P,PA, : PE,SG} [8531.90 Parts:} "8531.90.01 Goods described in additional U.S. note 14 to this chapter...... :Free :35%

Other: Printed circuit assemblies: 8531.90.15 Of the panels of subheading 8531.20... :Free :35% 8531.90.30 Other...... :[See an· :Free (A,AU,B, :35% : nex II] : BH,CA,Cl,CO, : E,IL,JO,KR,MA, : MX,OM,P,PA, : PE,SG) Other: 8531.90.75 Of the panels of subheading 8531.20... :Free :35% 8531.90.90 Other...... :{See an· :Free (A,AU,B, :35%" : nex II] : BH,CA,Cl,CO, : E,ll,JO,KR,MA, : MX,OM,P,PA, : PE,SG)

25. Subheading 8536.90.80 is deleted and the following new subheadings are inserted in lieu thereof:

[8536 :ElectricaL.:] (8536.90 Other apparatus:] "8536.90.60 Battery clamps of a kind used in motor vehicles of heading 8702, 8703, 8704 or 8711 ...... : 2.7% : Free (A,AU,B, : 35% : BH,CA,CL,CO,E, : : ll,JO,KR,MA, : MX,OM,P,PA, ; PE,SG} 8536.90.85 Other...... :[See an~ :Free {A,AU,B, :35%" : nex II] : BH,CA,Cl,CO,E, : : ll,JO,KR,MA, : MX,OM,P,PA, : PE,SG)

18

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.018 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44151

26. Subheading 8537.10.90 is deleted and the following new subheadings are inserted in 11eu thereof:

[8537 :Boards, ... :] [8537.10 For ... :] 1 ' 0ther: 8537.10.80 . : Touch-sensitive data input devices (so-called : "touch screens") without display capabilities, : for incorporation into apparatus having a display, which function by detecting the presence and location of a touch within the display area (such sensing may be obtained by means of resistance, electrostatic capacity, acoustic pulse recognition, infra- red lights or other touch-sensitive technology)...... :{See an- :Free (A,AU,B, :35% : nex II] : BH,CA,Cl,CO,E, : : IL,JO,KR,MA, : MX,OM,P,PA, : : PE,SG) 8537.10.91 Other...... ::2.7:% :Free (A,AU,B,BH,:35%" : CA,Cl,CO,E,Il, : JO,KR,MA,MX, : OM,P,PA,PE,SG):

27. Subheadings 8538.90.10 through 8538.90.80 are deleted and the following new provisions are inserted in lieu thereof:

19

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.019 44152 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

[8538 :Parts ... :) 8538.90 Other:] "8538.90.01 Goods described in additional U.S. note 14 to this chapter...... :Free :35%

Other: Printed circuit assemblies: 8538.90.10 Of an article of heading 8537 for one of the articles described in additional U.S. note 11 to chapter 85 ...... :Free :35% 8538.90.30 Other ...... :3.5% : Free (A,AU,B, :35% : BH,CA,CL,CO, E,IL,JO,KR,MA,: MX,OM,P,PA, PE,SG) 8538.90.40 Other, for the articles of subheading 8535.90.40, 8536.30.40 or 8536.50.40, of ceramic or metallic materials, electrically or mechanically reactive to changes in temperature ...... :3.5% : Free (A,AU,B, :35% : BH,CA,CL,CO, : E,ll,JO,KR,MA,: : MX,OM,P,PA, : PE,SG) Other: 8538.90.60 Molded parts ...... :3.5% :Free (A,AU,B, :35% : BH,CA,Cl,CO, : E,ll,JO,KR,MA,: : MX,OM,P,PA, : PE,SG) 8538.90.81 Other...... :3.5% :Free (A,AU,B, :35%" : BH,CA,Cl,CO, : E,ll, JO,KR, : MA,MX,OM,P, : . : PA,PE,SG)

28. Subheading 8539.39.00 is deleted and the following new provisions are inserted in lieu thereof:

20

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.020 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44153

(8539 :Electrical. .. :] [Discharge ... :} "8539.39 Other: 8539.39.10 Cold-cathode fluorescent lamps (CCFLs) for backlighting of flat panel displays...... :Free :20%

8539.39.90 Other...... : 2.4% : Free (A,AU,BH, : 20%" : CA,CL,CO,E,IL, : JO,KR,MA,MX, : OM,P,PA,PE, : SG)

29. Subheading 8543.30.00 is deleted and the following new provisions are inserted in lieu thereof:

[8543 :Electrical...:] "8543.30 Machines and apparatus for electroplating, electrolysis or electrophoresis: 8543.30.20 Of a kind used solely or principally for the manu- facture of printed circuits...... :[See an­ :Free (A,AU,BH, : 35% : nex II] : CA,CL,CO,E,IL, : JO,KR,MA,MX, : OM,P,PA,PE,SG}:

8543.30.90 Other...... : 2.6% : Free (A,AU,BH, : 35%" : CA,CL,CO,E,IL, : JO,KR,MA,MX, : OM,P,PA,PE, :SG)

30. Subheadings 8543.70.40,8543.70.93 and 8543.70.96 are deleted and the following new provisions are inserted in lieu thereof in numerical sequence:

[8543 : Electrical...:] [8543.70 Other... :] "Electric synchros and transducers; flight data recorders; defrosters and demisters with electric resistors for aircraft: 8543.70.42 Flight data recorders ...... :[See an­ :Free (A,AU,BH, : 35% : nex II] : CA,CL,CO,E,IL, : JO,KR,MA,MX, : OM,P,PA,PE,SG): 8543.70.45 Other...... :2.6% : Free (A,AU,BH, : 35%" : CA,Cl,CO,E,IL, : : JO,KR,MA,MX, : : OM,P,PA,PE,SG):

21

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.021 44154 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

[8543 :Electrical...:} [8543.70 Other ... :} [Other:] [Other:} [8543. 70.85 For ... ] "8543. 70.87 Electrical machines with translation or dictionary functions; flat panel displays other than for articles of heading 8528, except for subheadings 8528.51 or 8528.61; video game console controllers which use infrared transmissions to operate or access the various functions and capabilities of the consoles ...... :Free :35%

8543.70.89 Portable battery operated electronic readers for recording and reproducing text, still images or audio files ...... :[See an­ :Free {A,AU,B, :35% : nex II] : BH,CA,Cl,CO,E, : : ll,JO,MA,MX, : : OM,P,PA,PE,SG); 8543.70.91 Digital signal processing apparatus apparatus capable of connecting to a wired or wireless network for the mixing of sound...... :[See an- :Free (A,AU,B, :35% : nex II} : BH,CA,Cl,CO,E, : : ll)O,MA,MX, : : OM,P,PA,PE,SG): 8543.70.93 Portable interactive electronic education devices primarily designed for children...... :Free :35%

8543.70.95 Touch-sensitive data input devices (so-called "touch screens"} without dis- : play capabilities, for incorporation into: apparatus having a display, which function by detecting the presence and location of a touch within the display area {such sensing may be obtained by means of resistance, electrostatic capacity, acoustic pulse pulse recognition, infra-red lights or other touch-sensitive technology... :(See an­ : Free (A,AU,B, : 35% : nex II] : BH,CA,Cl,CO,E, : : ll,JO,KR,MA,MX,: : OM,P,PA,PE,SG}:

22

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.022 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44155

[8543 : Electrical...:] [8543.70 Other...:] [Other:] {Other:) 8543.70.97 Plasma cleaner machines that remove organic contaminants from electron microscopy specimens and specimen

holders...... :[See an- : Free (A,AU,B1 : 35% : nex II] : BH,CA,CL,CO,E, : : ll,JO,KR,MA,

: MX,OM,P,PA1 : PE,SG)

8543.70.99 Other...... : 2.6% :Free (A,AU,B, : 35%" : BH,CA,CL,CO,E, : ; IL,JO,KR,MA, : MKOM,PIPAI : PE,SG)

31. Subheadings 8543.90.11 through 8543.90.88 are deleted and the following new provisions are inserted in lieu thereof:

{8543 :Electrical ... :) [8543.90 Parts:] "8543.90.01 Goods described in additional U.S. note 14 to this chapter...... :Free :35%

Other: 8543.90.12 Of physical vapor deposition apparatus of subheading 8543.70...... :Free :35%

Assemblies and subassemblies for flight data : recorders, consisting of two or more parts or : pieces fastened or joined together: 8543.90.15 Printed circuit assemblies ...... :Free :35%

8543.90.35 Other ...... :Free :35% Other: Printed circuit assemblies: 8543.90.65 Of flat panel displays other than articles of heading 8528, except for subheadings 8528.51 or 8528.61 ...... :Free :35%

8543.90.68 Other ...... :[See an- :Free {A,AU,B, :35% : nex II] : BH,CA,CL,CO, : E,IL)O,KR,MA, : : MX OM,P,PA, : PE,SG)

23

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.023 44156 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

8543 :Electrical ... :] [8543.90 Parts:] [Other:] [Other:] Other: 8543.90.85 Of flat panel displays other than articles of heading 8528, except for subheadings 8528.51 or 8528.61...... :Free :35%

8543.90.88 Other ...... :[See an- :Free {A,AU,B, :35%" : nex II] : BH,CA,CL,CO, : E,IL,JO,KR,MA, : : MX OM,P,PA, : PE,SG)

32. The following new additional U.S. note 5 is inserted in numerical sequence in chapter 90:

"5. For purposes of this chapter, the expression "goods described in additional U.S. note 5 to this chapter" are multi-component integrated circuits (MCOs), comprising a combination of one or more monolithic, hybrid, and/or multi-chip integrated circuits with at least one of the following components: silicon-based sensors, actuators, oscillators, resonators or combinations thereof, or components performing the functions of articles classifiable under heading 8532, 8533, 8541, or inductors classifiable under heading 8504, formed to all intents and purposes indivisibly into a single body like an integrated circuit, as a component of a kind used for assembly onto a printed circuit board (PCB) or other carrier, through the connecting of pins, leads, balls, lands, bumps, or pads.

For the purpose of this definition :

1. "Components" may be discrete, manufactured independently then assembled onto the rest of the MCO, or integrated into other components.

2. "Silicon based" means built on a silicon substrate, or made of silicon materials, or manufactured onto integrated circuit die.

3. (a) "Silicon based sensors" consist of microelectronic and/or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of detecting physical or chemical quantities and transducing these into electric signals, caused by resulting variations in electric properties or displacement of a mechanical structure. "Physical or chemical quantities" relates to real world phenomena, such as pressure, acoustic waves, acceleration, vibration, movement, orientation, strain, magnetic field strength, electric field strength, light, radioactivity, humidity, flow, chemicals concentration, etc.

(b) "Silicon based actuators" consist of microelectronic and mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of converting electrical signals into physical movement.

24

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.024 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44157

(c) "Silicon based resonators" are components that consist of microelectronic and/or mechanical structures that are created in the mass or on the surface of a semiconductor and have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures in response to an external input.

(d} "Silicon based oscillators" are active components that consist of microelectronic and/or mechanical structures that are created in the mass or on the surface of a semiconductor and that have the function of generating a mechanical or electrical oscillation of a predefined frequency that depends on the physical geometry of these structures."

33. Subheadings 9010.90.40 and 9010.90.90 are deleted and the following new provisions are inserted in lieu thereof:

[9010 :Apparatus ... :] [9010.90 Parts ... :) "9010.90.85 Parts and accessories of articles of subheadings 9010.50 and 9010.60...... : Free :45%

9010.90.95 Other...... : 2.9% : Free (AAU,BH, : 45%" : CA,CL,CO,E,IL, : : JO,KR,MA,MX, : : OM,P,PA,PE,SG):

34. Subheading 9013.10.40 is deleted and the following new provisions are inserted in lieu thereof:

[9013 :Liquid ... :] {9013.10 Telescopic ... :] "Other: 9013.10.45 Telescopes designed to form parts of machines, appliances, instruments or apparatus of this chapter or section XVI...... :Free :45%

9013.10.50 Other...... : 5.3% :Free (A,AU,BH, : 45%" : CA,CL,CO,E,Il, : : JO,KR,MA,MX, : : OM,P,PA,PE,SG}:

35. Subheading 9013.90.90 is deleted and the following new provisions are inserted in lieu thereof:

25

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.025 44158 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

[9013. : Liquid ... :} [9013.90 Parts ... :] "Other: 9013.90.70 Other parts and accessories, other than for telescopic sights for fitting to arms or for periscopes...... : [See an- :Free {A,AU,BH, : 45% : nex II] : CA,Cl,CO,E,Il, : JO,KR,MA,MX, : OM,P,PA,PE,SG): 9013.90.80 Other...... : 4.5% : free {A.AU,BH, : 45%" : CA,Ct,CO,E,Il, : : JO,KR,MA,MX, : : OM,P,PA,PE,SG):

36. Subheading 9025.90.00 is deleted and the following new provisions are inserted in lieu thereof:

[9025 :Hydrometers ... :] "9025.90 Parts and accessories: 9025.90.01 Goods described in additional U.S. note 5 to this chapter ...... :Free :The rate :applicable :to the :article :of which :it is a :a part or :accessory 9025.90.06 Other...... :free :The rate :applicable :to the :article :of which :it is a :a part or :accessory"

37. Subheadings 9027.90.20 through 9027.90.58 are deleted and the following new provisions are inserted in lieu thereof:

26

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.026 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44159

[9027 :Instruments ... :] [9027.90 Microtomes; parts and accessories:} "9027.90.01 Goods described in additional U.S. note 5 to this chapter...... :Free :40%

Other: 9027.90.20 Microtomes ...... :[See an~ Free (A,AU,BH, :40% : nex II] : CA,CL,CO,E,Il, : JO,KR,MA,MX, : : OM,P,PA,PE, :SG) Parts and accessories: Of electrical instruments and apparatus: 9027.90.45 Printed circuit assemblies for the : goods of subheading 9027.80.... :Free :40%

Other: 9027.90.54 Of electrophoresis instru- ments not incorporating an : optical or other measuring device...... :Free :40%

9027.90.56 Of instruments and appa­ ratus of subheading 9027.20,9027.30, 9027.50 or 9027.80 ...... :Free :40%

9027.90.59 Other...... :[See an~ :Free (A,AU,BH, :40%" : nex II) : CA,Cl,CO,E,Il, : : JO,KR,MA,MX, : : OM,P,PA,PE, :SG)

38. Subheading 9030.33.00 is deleted and the following new provisions are inserted in lieu thereof:

(9030 : Oscilloscopes, ... :] [Other... :] "9030.33 Other, without a recording device: 9030.33.34 Resistance measuring instruments...... : 1.7% :Free (A,AU,B, : 40% : BH,CA,Cl,CO,E,: : ll,JO,KR,MA, : MX,OM,P,PA, : PE,SG) 9030.33.38 Other...... :[See an- :Free {A,AU,B, : 40%" : nex II} : BH,CA,CL,CO,E, : : ll,JO,KR,MA, : MX,OM,P,PA, : PE,SG)

27

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.027 44160 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

39. Subheadings 9030.90.25 through 9030.90.88 are deleted and the following new provisions are inserted in lieu thereof:

[9030 :Oscilloscopes, ... :] [9030.90 Parts and accessories:] "9030.90.01 Goods described in additional U.S. noteS to this chapter...... :Free :40%

Other: For articles of subheading 9030.10: 9030.90.25 Printed circuit assemblies ...... :Free :40%

9030.90.46 Other ...... :Free :40% Other: Printed circuit assemblies: 9030.90.66 Of instruments and apparatus of : subheading 9030.40 or 9030.82.. :Free :40%

9030.90.68 Other ...... :[See an­ :Free (A,AU,BH, :40% : nex II} : C,CA,CL,CO,E, : IL, JO,KR,MA, : MX,OM,P,PA, : PE,SG) Other: 9030.90.84 Of instruments and apparatus of subheading 9030.82 ...... :Free :40%

9030.90.89 Other ...... :Free ;40%"

40. Subheadings 9031.90.20 through 9031.90.90 and intermediate superior text are deleted and the following new provisions are inserted in lieu thereof:

28

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.028 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44161

(9031 :Measuring ... :] [9031.90 Parts and accessories:] "9031.90.01 Goods described in additional U.S. note 5 to this chapter...... :Free :45%

Other: 9031.90.21 Of profile projectors...... :Free :45%

Of other optical instruments and appliances, : other than test benches: 9031.90.45 Bases and frames for the coordinate- : measuring machines of subheading 9031.49.40...... :free :SO%

9031.90.54 Of optical instruments and appliances : Of subheading 9031.41 or 9031.49.70 .. :Free :50%

9031.90.59 Other...... :Free :50% Other: 9031.90.70 Of articles of subheading 9031.80.40... :Free :40%

9031.90.91 Other ...... :Free :40%"

41. Subheadings 9032.90.20, 9032.90.40, and 9032.90.60 are deleted and the following new provisions are inserted in lieu thereof:

29

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.029 44162 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

[9032 :Automatic... :] [9032.90 Parts and accessories:] "9032.90.01 Goods described in additional U.S. note 5 to this chapter...... :Free :25%

Other: Of automatic voltage and voltage-current regulators: 9032.90.21 Designed for use in a 6, 12 or 24 V system ...... :1.1% :Free (A,AU,B, :25% : BH,C,CA,Cl,CO,: : E,IL,JO,KR,MA, : : MX,OM,P,PA, : : PE,SG) 9032.90.41 Other...... :1.7% :Free (A,AU,BH, :35% : C,CA,CL,CO,E, : IL,JO,KR,MA, : MX,OM,P,PA, : PE,SG) 9032.90.61 Other ...... :1.7% :Free (A,AU,B, :40%" : BH,C,CA,CL,CO,: : E,IL,JO,KR,MA, : : MX,OM,P,PA, : PE,SG)

42. Heading 9033.00.00 is deleted and the following new provisions are inserted in lieu thereof:

"9033.00 :Parts and accessories (not specified or included :elsewhere in this chapter) for machines, appliances, :instruments or apparatus of chapter 90: 9033.00.10 Goods described in additional U.S. note 5 to this chapter ...... :Free :40%

9033.00.20 Light-emitting diode (LED) backlights modules, the foregoing which are lighting sources that consist of one or more LEOs and one or more connectors and are mounted on a printed circuit or other similar substrate, and other passive components, whether or not combined with optical components or protective diodes, and used as backlights illumination for liquid crystal displays (LCDs) ...... : [See an­ :Free (A,AU,B, :40% : nex II] : BH,CA,CL,CO, : E,IL,JO,KR,MA, : : MX,OM,P,PA, : PE,SG)

30

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.030 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44163

[9033.00 :Parts ... :} 9033.00.30 Touch-sensitive data input devices (so-called "touch screens") without display capabilities, for incorporation into apparatus having a display, which function by : detecting the presence and location of a touch within the display area (such sensing may be obtained by means of resistance, electrostatic capacity, acoustic pulse recognition, infrared lights or other touch- sensitive technology} ...... :(See an­ :Free (A,AU,B, : 40% : nex II] : BH,C,CA,CL,CO,: : E,IL,JO,KR,MA, : : MX,OM,P,PA, : PE,SG) 9033.00.90 Other...... :4.4% :Free (A,AU,B, :40%" : BH,C,CA,CL,CO,: : E,IL,JO,KR,MA, : : MX,OM,P,PA, : PE,SG)

43. Subheading 9405.40.80 is deleted and the following new provisions are inserted in lieu thereof:

(9405 :Lamps ... :] [9405.40 Other... :] "Other: 9405.40.82 Light-emitting diode (LED) backlights modules, the foregoing which are lighting sources that consist of one or more LEOs and one or more connectors and are mounted on a printed circuit or other similar : substrate, and other passive components, whether or not combined with optical com­ ponents or protective diodes, and used as backlights illumination for liquid crystal displays (LCDs)...... :[See an- :Free (A,AU,BH, : 35% : nex II] :CA,CL,CO,E,IL, : JO,KR,MA,MX, : OM,P,PA,PE,SG): 9405.40.84 Other...... : 3.9% : Free (A,AU,BH, : 35%" : CA,CL,CO,E,ll, : : JO,KR,MA,MX, : : OM,P,PA,PE,SG}:

31

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.031 44164 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

Annex II Modifications to the Rates of Duty Column of the HTS

A. Effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after July 1, 2016, for the following subheadings, the "Rates of Duty 1-General" subcolumn is modified by deleting the rate of duty appearing in such subcolumn and inserting "Free'' in lieu thereof, and by deleting all rates of duty in the "Rates of Duty 1-SpeciaJ'' subcolumn for each such subheading:

3701.30.00 8528.49.30 9012.90.00 8442.50.90 8528.49.35 9013.20.00 8443.39.20 8528.49.40 9014.10.10 8443.39.40 8528.49.45 9014.10.90 8443.39.50 8528.49.50 9014.20.20 8443.91.20 8528.49.60 9014.20.40 8472.10.00 8528.49.65 9014.80.10 8472.90.05 8528.49.70 9014.80.20 8472.90.40 8528.49.75 9015.10.80 8472.90.90 8528.49.80 9015.20.80 8519.81.10 8528.71.10 9015.40.80 8519.81.20 8528.71.40 9015.80.20 8519.89.20 8528.71.45 9015.90.00 8522.90.25 8543.70.60 9022.29.80 8522.90.65 8543.70.80 9022.30.00 8523.29.40 8543.70.93 9022.90.60 8523.29.50 9001.20.00 9024.10.00 8523.29.60 9001.90.40 9024.80.00 8523.29.80 9001.90.50 9024.90.00 8523.49.50 9001.90.60 9025.19.40 8523.80.10 9001.90.80 9027.10.40 8525.80.10 9001.90.90 9027.10.60 8525.80.20 9002.19.00 9027.90.88 8527.19.50 9002.90.20 9030.10.00 8527.91.05 9002.90.40 9031.10.00 8527.91.40 9002.90.95 9031.49.10 8527.91.50 9010.50.30 9031.49.40 8527.92.50 9010.50.40 9031.49.90 8527.99.15 9011.10.40 9032.20.00 8527.99.40 9011.10.80 9032.81.00 8528.49.20 9012.10.00

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.032 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44165

B. Effective with respect to goods entered, or withdrawn from warehouse for consumption, as provided below, for each of the following subheadings, the "Rates of Duty !-General" subcolumn is modified, on the first day of each of the periods set forth below, by deleting the rate of duty in such subcolumn and by inserting the following rate of duty specified for such subheading in lieu thereof:

HTS number July I, July 1, July 1, July 2016- 2017- 2018- 1, June June June 2019 30, 30, 30, 2017 2018 2019

3215.11.10 1.3% 0.9% 0.4% Free 3215.19.10 1.3% 0.9% 0.4% Free 3506.91.10 1.5% 1% 0.5% Free 3701.99.30 3.6% 2.4% 1.2% Free 3701.99.60 2.7% 1.8% 0.9% Free 3707.90.32 4.8% 3.2% 1.6% Free 3707.90.60 1.1% 0.7% 0.3% Free 3907.99.20 4.8% 3.2% 1.6% Free 3923.10.20 2.2% 1.5% 0.7% Free 8504.40.40 1.1% 0.7% 0.3% Free 8504.40.95 1.1% 0.7% 0.3% Free 8504.50.80 2.2% 1.5% 0.7% Free 8504.90.75 1.8% 1.2% 0.6% Free 8504.90.96 1.8% 1.2% 0.6% Free 8518.10.80 3.6% 2.4% 1.2% Free 8518.21.00 3.6% 2.4% 1.2% Free 8518.22.00 3.6% 2.4% 1.2% Free 8518.29.80 3.6% 2.4% 1.2% Free 8518.30.20 3.6% 2.4% 1.2% Free 8518.40.20 3.6% 2.4% 1.2% Free 8518.50.00 3.6% 2.4% 1.2% Free 8518.90.41 6.3% 4.2% 2.1% Free 8518.90.81 3.6% 2.4% 1.2% Free 8522.90.36 1.5% 1% 0.5% Free 8525.50.30 1.3% 0.9% 0.4% Free 8525.50.70 2.2% 1.5% 0.7% Free 8525.80.30 1.5% 1% 0.5% Free 8525.80.50 1.5% 1% 0.5% Free 8526.92.50 3.6% 2.4% 1.2% Free 8527.29.40 3.3% 2.2% 1.1% Free 8527.29.80 3.3% 2.2% l.l% Free

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.033 44166 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

8529.10.91 2.2% 1.5% 0.7% Free HTS number July 1, July 1, July 1, July 2016- 2017- 2018- 1, June June June 2019 30, 30, 30, 2017 2018 2019

8529.90.04 2.2% 1.5% 0.7% Free 8529.90.05 3% 2% 1% Free 8529.90.13 2.1% 1.4% 0.7% Free 8529.90.19 2.4% 1.6% 0.8% Free 8529.90.24 2.4% 1.6% 0.8% Free 8529.90.39 2.1% 1.4% 0.7% Free 8529.90.49 2.1% 1.4% 0.7% Free 8529.90.53 2.1% 1.4% 0.7% Free 8529.90.68 2.1% 1.4% 0.7% Free 8529.90.81 2.4% 1.6% 0.8% Free 8529.90.83 2.1% 1.4% 0.7% Free 8529.90.93 2.1% 1.4% 0.7% Free 8529.90.95 2.4% 1.6% 0.8% Free 8529.90.97 2.4% 1.6% 0.8% Free 8531.80.90 0.9% 0.6% 0.3% Free 8531.90.30 0.9% 0.6% 0.3% Free

8531.90.90 0.9% 0.6% 0.3% i Free 8536.30.40 2% 1.3% 0.6% Free 8536.30.80 2% 1.3% 0.6% Free 8536.50.40 2% 1.3% 0.6% Free 8536.50.90 2% 1.3% 0.6% Free 8536.90.85 2% 1.3% 0.6% Free 8537.10.80 2% 1.3% 0.6% Free 8538.10.00 2.7% 1.8% 0.9% Free 8543.20.00 1.9% 1.3% 0.6% Free 8543.30.20 1.9% 1.3% 0.6% Free 8543.70.42 1.9% 1.3% 0.6% Free 8543.70.89 1.9% 1.3% 0.6% Free 8543.70.91 1.9% 1.3% 0.6% Free 8543.70.95 1.9% 1.3% 0.6% Free 8543.70.97 1.9%. 1.3% 0.6% Free 8543.90.68 1.9% 1.3% 0.6% Free 8543.90.88 1.9% 1.3% 0.6% Free 9002.20.40 1.5% 1% 0.5% Free 9002.20.80 2.1% 1.4% 0.7% Free 9002.90.70 0.8% 0.5% 0.2% Free 9010.60.00 1.9% 1.3% 0.6% Free 9011.80.00 4.8% 3.2% 1.6% Free

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.034 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44167

9011.90.00 4.2% 2.8% 1.4% Free HTS number July 1, July 1, July 1, July 2016- 2017~ 2018- 1, June June June 2019 30, 30, 30, 2017 2018 2019

9013.90.70 3.3% 2.2% 1.1% Free 9022.29.40 0.7% 0.5% 0.2% Free 9025.19.80 1.3% 0.9% 0.4% Free 9027.10.20 1.2% 0.8% 0.4% Free 9027.90.20 1.6% 1.1% 0.5% Free 9027.90.59 1.2% 0.8% 0.4% Free 9027.90.68 2.6% 1.7% 0.8% Free 9028.30.00 12¢ 8¢ each 4¢ each Free each+ +0.7% +0.3% 1.1% 9028.90.00 2.4% 1.6% 0.8% Free 9030.20.10 1.2% 0.8% 0.4% Free 9030.31.00 1.2% 0.8% 0.4% I Free 9030.32.00 1.2% 0.8% 0.4% Free 9030.33.38 1.2% 0.8% 0.4% Free 9030.39.01 1.2% 0.8% 0.4% Free 9030.84.00 1.2% 0.8% 0.4% Free 9030.89.01 1.2% 0.8% 0.4% Free 9030.90.68 1.2% 0.8% 0.4% Free 9031.80.80 1.2% 0.8% 0.4% Free 9033.00.20 3.3% 2.2% 1.1% Free 9033.00.30 3.3% 2.2% 1.1% Free 9405.40.82 2.9% 1.9% 0.9% Free

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.035 44168 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

ANNEX Ill

TO MODIFY PROVISIONS OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES

A. Effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after July 1, 2016, the "Rates of Duty 1-Special" subcolumn for each of the subheadings of the Harmonized Tariff Schedule of the United States enumerated below is modified by inserting in alphabetical sequence in the parenthetical expression following the rate of duty "Free" the symbol "0,":

0106.31.00 0302.84.11 0407.21.00 0106.32.00 0302.85.11 0407.29.00 0106.33.00 0302.89.11 0407.90.00 0106.39.01 0302.90.20 0410.00.00 0202.30.02 0303.33.00 0501.00.00 0202.30.10 0303.34.00 0502.10.00 0203.22.10 0303.39.01 0505.90.20 0203.29.20 0303.53.00 0510.00.20 0207.42.00 0303.81.00 0511.99.40 0207.52.00 0303.90.20 0601.10.15 0207.60.20 0304.91.90 0601.10.45 0208.90.30 0304.92.90 0601.10.60 0209.10.00 0304.93.90 0601.10.75 0209.90.00 0304.94.90 0601.10.90 0210.12.00 0304.95.90 0601.20.90 0210.91.00 0304.99.91 0602.10.00 0210.92.01 0305.10.40 0602.30.00 0210.93.00 0305.20.20 0602.90.30 0210.99.20 0305.63.20 0602.90.40 0210.99.91 0305.64.50 0602.90.60 0302.23.00 0305.69.60 0602.90.90 0302.45.11 0306.14.20 0603.12.30 0302.46.11 0306.24.20 0603.12.70 0302.54.11 0307.60.00 0603.13.00 0302.55.11 0404.10.05 0603.14.00 0302.56.11 0404.90.10 0603.15.00 0302.59.11 0405.20.80 0603.19.01 0302.71.11 0406.10.02 0603.90.00 0302.72.11 0406.10.04 0604.90.60 0302.73.11 0407.11.00 0701.90.10 0302.79.11 0407.19.00 0702.00.60

VerDate Sep<11>2014 20:10 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.036 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44169

0703.10.20 0710.22.15 0713.39.21 0703.10.30 0710.22.25 0713.39.41 0703.10.40 0710.29.05 0713.40.10 0703.20.00 0710.29.15 0713.40.20 0704.10.20 0710.29.30 0713.50.10 0704.10.40 0710.80.50 0713.50.20 0704.10.60 0710.80.65 0713.60.10 0704.20.00 0710.80.70 0713.60.60 0704.90.20 0710.80.93 0713.60.80 0705.11.20 0710.90.11 0713.90.11 0705.11.40 0711.20.18 0713.90.61 0705.19.20 0711.40.00 0713.90.81 0705.19.40 0711.59.90 0714.10.10 0705.21.00 0711.90.30 0714.10.20 0705.29.00 0711.90.50 0714.20.10 0706.10.10 0711.90.65 0714.20.20 0706.90.20 0712.31.10 0714.30.10 0706.90.30 0712.32.00 0714.30.20 0707.00.20 0712.33.00 0714.30.60 0707.00.40 0712.39.10 0714.40.20 0707.00.60 0712.90.10 0714.40.60 0708.10.20 0712.90.15 0714.50.20 0708.10.40 0712.90.30 0714.50.60 0708.20.10 0712.90.65 0714.90.10 0708.90.05 0712.90.70 0714.90.41 0708.90.15 0712.90.74 0714.90.46 0708.90.30 0712.90.85 0714.90.48 0709.20.10 0713.10.10 0714.90.61 0709.30.20 0713.10.40 0802.31.00 0709.30.40 0713.20.10 0802.51.00 0709.40.40 0713.20.20 0802.52.00 0709.60.20 0713.31.10 0802.61.00 0709.60.40 0713.31.40 0802.70.10 0709.91.00 0713.32.10 0802.70.20 0709.93.10 0713.32.20 0802.80.10 0709.93.20 0713.33.10 0802.90.15 0709.99.05 0713.33.20 0802.90.20 0709.99.10 0713.33.40 0802.90.25 0709.99.14 0713.34.10 0802.90.82 0710.21.20 0713.34.20 0803.10.20 0710.21.40 0713.34.40 0804.20.60 0710.22.10 0713.39.11 0804.50.40

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.037 44170 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

0804.50.60 1005.90.20 1401.20.40 0804.50.80 1005.90.40 1401.90.40 0805.50.30 1006.30.10 1404.90.40 0805.50.40 1007.10.00 1504.20.40 0805.90.01 1007.90.00 1504.20.60 0807.11.30 1008.30.00 1504.30.00 0807.19.20 1102.20.00 1505.00.10 0807.19.50 1102.90.25 1505.00.90 0807.19.60 1102.90.30 1506.00.00 0807.19.70 1102.90.60 1509.10.20 0807.20.00 1103.13.00 1509.10.40 0810.10.20 1103.19.12 1509.90.20 0810.10.40 1103.19.14 1509.90.40 0810.60.00 1104.12.00 1510.00.40 0810.70.00 1104.22.00 1510.00.60 0810.90.46 1104.23.00 1515.50.00 0811.10.00 1104.29.90 1515.90.60 0811.20.20 1104.30.00 1515.90.80 0811.20.40 1105.10.00 1516.10.00 0811.90.10 1106.10.00 1517.90.10 0811.90.25 1106.20.10 1517.90.20 0811.90.50 1106.30.20 1518.00.40 0811.90.52 1106.30.40 1521.90.20 0811.90.55 1108.11.00 1601.00.20 0813.10.00 1108.12.00 1601.00.40 0813.30.00 1108.20.00 1601.00.60 0813.40.10 1109.00.10 1602.20.40 0813.40.20 1109.00.90 1602.31.00 0813.40.80 1207.70.00 1602.32.00 0814.00.40 1207.91.00 1602.39.00 0902.10.10 1209.21.00 1602.41.10 0902.20.10 1209.30.00 1602.41.20 0904.21.20 1209.91.80 1602.42.20 0904.21.60 1209.99.41 1602.49.10 0904.22.20 1210.10.00 1602.49.20 0904.22.76 1210.20.00 1602.49.40 0908.22.20 1211.90.40 1602.49.60 0910.12.00 1211.90.60 1602.49.90 0910.91.00 1212.93.00 1602.50.05 0910.99.06 1301.90.40 1602.50.09 0910.99.40 1302.12.00 1602.50.20 0910.99.60 1302.19.40 1602.50.90

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.038 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44171

1602.90.10 1702.60.22 1901.20.02 1602.90.90 1702.60.40 1901.20.05 1604.13.90 1702.90.05 1901.20.30 1604.14.50 1702.90.10 1901.20.40 1604.15.00 1702.90.35 1901.20.42 1604.16.40 1702.90.40 1901.20.45 1604.17.10 1702.90.52 1901.20.65 1604.17.80 1702.90.90 1901.20.80 1604.19.21 1703.10.30 1901.90.28 1604.19.25 1703.10.50 1901.90.90 1604.19.31 1703.90.30 1902.11.40 1604.19.81 1703.90.50 1902.19.40 1604.20.05 1704.10.00 1902.20.00 1604.31.00 1704.90.35 1902.30.00 1605.10.05 1803.20.00 1902.40.00 1605.10.40 1805.00.00 1904.10.00 1605.21.05 1806.10.22 1904.30.00 1605.29.05 1806.10.34 1904.90.01 1605.30.05 1806.10.43 1905.90.90 1605.56.15 1806.10.65 2001.10.00 1605.58.55 1806.20.22 2001.90.10 1701.12.05 1806.20.24 2001.90.25 1701.12.10 1806.20.34 2001.90.30 1701.13.05 1806.20.50 2001.90.33 1701.13.10 1806.20.60 2001.90.34 1701.13.20 1806.20.67 2001.90.38 1701.14.05 1806.20.75 2001.90.42 1701.14.10 1806.20.78 2001.90.45 1701.14.20 1806.31.00 2001.90.48 1701.91.05 1806.32.01 2001.90.50 1701.91.10 1806.32.04 2002.90.40 1701.91.42 1806.32.14 2004.10.40 1701.91.52 1806.32.30 2004.90.10 1701.91.54 1806.32.55 2004.90.80 1701.91.80 1806.32.60 2005.10.00 1701.99.05 1806.32.90 2005.20.00 1701.99.10 1806.90.01 2005.51.40 1702.20.22 1806.90.05 2005.59.00 1702.30.22 1806.90.15 2005.70.02 1702.30.40 1806.90.25 2005.70.06 1702.40.22 1806.90.55 2005.70.12 1702.40.40 1806.90.90 2005.70.16

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.039 44172 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

2005.70.23 2008.99.40 2106.90.42 2005.70.25 2008.99.45 2106.90.44 2005.70.75 2008.99.50 2106.90.58 2005.80.00 2008.99.61 2106.90.82 2005.91.97 2008.99.63 2106.90.99 2005.99.10 2008.99.65 2201.10.00 2005.99.20 2008.99.80 2202.10.00 2005.99.55 2008.99.90 2202.90.90 2005.99.85 2009.31.10 2204.10.00 2005.99.97 2009.31.20 2204.21.30 2006.00.30 2009.39.10 2204.21.60 2006.00.70 2009.39.20 2204.21.80 2006.00.90 2009.50.00 2205.10.30 2007.91.40 2009.81.00 2205.10.60 2007.91.90 2009.89.60 2205.90.20 2007.99.05 2009.89.80 2205.90.60 2007.99.10 2009.90.20 2206.00.15 2007.99.20 2101.12.32 2206.00.45 2007.99.25 2101.12.54 2206.00.90 2007.99.40 2101.12.90 2207.10.30 2007.99.45 2101.20.32 2208.90.80 2007.99.48 2101.20.54 2209.00.00 2007.99.50 2101.20.90 2305.00.00 2007.99.75 2102.10.00 2306.20.00 2008.19.15 2102.20.20 2306.30.00 2008.19.25 2102.20.60 2306.41.00 2008.19.30 2103.10.00 2306.49.00 2008.19.90 2103.20.20 2306.50.00 2008.30.10 2103.30.40 2306.60.00 2008.30.37 2103.90.40 2306.90.01 2008.30.48 2103.90.72 2308.00.95 2008.30.60 2103.90.74 2309.90.70 2008.30.96 2103.90.80 2401.10.95 2008.50.20 2103.90.90 2401.20.57 2008.91.00 2104.10.00 2402.10.80 2008.93.00 2104.20.00 2402.20.10 2008.99.13 2106.10.00 2402.20.90 2008.99.15 2106.90.03 2403.91.20 2008.99.21 2106.90.06 2511.10.50 2008.99.23 2106.90.12 2515.12.20 2008.99.28 2106.90.15 2515.20.00 2008.99.35 2106.90.18 2516.12.00

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.040 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44173

2516.20.20 2819.10.00 2827.49.50 2516.90.00 2819.90.00 2827.59.51 2518.20.00 2820.10.00 2827.60.20 2530.90.20 2820.90.00 2827.60.51 2603.00.00 2821.10.00 2828.10.00 2607.00.00 2821.20.00 2828.90.00 2611.00.60 2822.00.00 2829.19.01 2620.19.60 2823.00.00 2829.90.40 2620.99.20 2824.10.00 2829.90.61 2707.99.40 2824.90.10 2830.10.00 2707.99.51 2824.90.20 2830.90.15 2707.99.55 2824.90.50 2830.90.20 2710.19.35 2825.10.00 2830.90.90 2710.19.40 2825.20.00 2831.10.50 2710.99.32 2825.30.00 2831.90.00 2710.99.39 2825.50.10 2832.10.00 2801.30.10 2825.50.20 2832.20.00 2804.10.00 2825.50.30 2832.30.10 2804.21.00 2825.60.00 2832.30.50 2804.29.00 2825.70.00 2833.11.50 2804.30.00 2825.90.10 2833.21.00 2804.40.00 2825.90.15 2833.24.00 2804.69.10 2825.90.20 2833.25.00 2805.19.10 2825.90.90 2833.27.00 2805.40.00 2826.19.10 2833.29.10 2806.20.00 2826.19.20 2833.29.30 2810.00.00 2826.19.90 2833.29.40 2811.19.10 2826.90.10 2833.29.45 2811.19.60 2826.90.90 2833.29.51 2811.21.00 2827.10.00 2833.30.00 2811.22.10 2827.31.00 2833.40.20 2811.29.30 2827.35.00 2833.40.60 2811.29.50 2827.39.10 2834.10.10 2812.10.50 2827.39.25 2834.10.50 2812.90.00 2827.39.30 2834.29.05 2813.10.00 2827.39.45 2834.29.20 2813.90.50 2827.39.55 2834.29.51 2815.30.00 2827.39.60 2835.10.00 2816.10.00 2827.39.65 2835.22.00 2816.40.10 2827.39.90 2835.24.00 2816.40.20 2827.41.00 2835.29.20 2818.10.20 2827.49.10 2835.29.30

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00047 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.041 44174 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

2835.29.51 2843.30.00 2903.81.00 2835.31.00 2843.90.00 2903.82.00 2835.39.10 2844.10.10 2903.89.11 2835.39.50 2844.30.10 2903.89.30 2836.20.00 2844.30.50 2903.89.40 2836.40.10 2846.10.00 2903.89.70 2836.40.20 2846.90.80 2903.91.10 2836.60.00 2847.00.00 2903.91.30 2836.91.00 2848.00.10 2903.99.05 2836.92.00 2849.10.00 2903.99.30 2836.99.10 2849.20.20 2904.10.04 2836.99.20 2849.90.10 2904.10.08 2836.99.30 2849.90.20 2904.20.30 2836.99.40 2849.90.50 2904.20.50 2836.99.50 2850.00.07 2904.90.04 2837.20.10 2850.00.20 2904.90.15 2837.20.51 2850.00.50 2904.90.35 2839.11.00 2852.10.90 2904.90.50 2839.19.00 2852.90.90 2905.11.20 2839.90.10 2853.00.00 2905.12.00 2839.90.50 2903.11.00 2905.13.00 2840.11.00 2903.12.00 2905.14.50 2840.19.00 2903.13.00 2905.16.00 2840.20.00 2903.14.00 2905.19.10 2840.30.00 2903.15.00 2905.19.90 2841.30.00 2903.19.05 2905.22.10 2841.50.10 2903.19.10 2905.22.20 2841.50.91 2903.19.60 2905.22.50 2841.61.00 2903.21.00 2905.29.10 2841.69.00 2903.22.00 2905.29.90 2841.70.10 2903.23.00 2905.31.00 2841.70.50 2903.29.00 2905.32.00 2841.90.10 2903.39.20 2905.39.10 2841.90.20 2903.71.00 2905.39.20 2841.90.30 2903.72.00 2905.39.90 2841.90.40 2903.73.00 2905.41.00 2841.90.45 2903.74.00 2905.42.00 2841.90.50 2903.75.00 2905.43.00 2842.90.10 2903.76.00 2905.44.00 2842.90.90 2903.77.00 2905.45.00 2843.21.00 2903.78.00 2905.49.10 2843.29.01 2903.79.90 2905.49.20

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.042 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44175

2905.49.40 2910.30.00 2914.70.90 2905.49.50 2910.40.00 2915.11.00 2905.59.10 2910.90.10 2915.12.00 2905.59.90 2910.90.90 2915.13.10 2906.11.00 2911.00.50 2915.13.50 2906.13.50 2912.11.00 2915.21.00 2906.19.30 2912.12.00 2915.24.00 2906.19.50 2912.19.10 2915.29.20 2906.29.10 2912.19.20 2915.29.30 2906.29.20 2912.19.25 2915.29.50 2907.11.00 2912.19.30 2915.31.00 2907.12.00 2912.19.40 2915.32.00 2907.15.10 2912.19.50 2915.33.00 2907.19.40 2912.29.10 2915.39.10 2907.22.10 2912.29.60 2915.39.20 2907.23.00 2912.41.00 2915.39.40 2907.29.10 2912.42.00 2915.39.45 2907.29.25 2912.49.10 2915.39.47 2908.11.00 2912.49.26 2915.39.70 2908.19.15 2912.49.55 2915.39.80 2908.19.20 2912.49.60 2915.39.90 2908.99.09 2912.49.90 2915.40.10 2908.99.20 2912.50.50 2915.40.50 2908.99.40 2912.60.00 2915.50.10 2909.11.00 2913.00.50 2915.50.20 2909.19.14 2914.12.00 2915.50.50 2909.19.18 2914.13.00 2915.60.10 2909.19.60 2914.19.00 2915.60.50 2909.20.00 2914.22.10 2915.70.01 2909.30.10 2914.22.20 2915.90.10 2909.30.20 2914.23.00 2915.90.14 2909.30.30 2914.29.10 2915.90.20 2909.41.00 2914.29.31 2915.90.50 2909.43.00 2914.29.50 2916.12.10 2909.44.01 2914.31.00 2916.12.50 2909.49.20 2914.39.90 2916.14.20 2909.49.60 2914.40.10 2916.15.51 2909.50.20 2914.40.20 2916.16.00 2909.50.40 2914.40.90 2916.19.10 2909.60.50 2914.50.50 2916.19.20 2910.10.00 2914.69.10 2916.19.50 2910.20.00 2914.70.10 2916.20.50

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.043 44176 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

2916.31.11 2918.29.25 2922.42.50 2916.31.20 2918.29.30 2922.49.40 2916.34.15 2918.30.90 2922.49.80 2916.39.06 2918.91.00 2922.50.11 2916.39.08 2918.99.18 2922.50.19 2916.39.12 2918.99.20 2922.50.50 2916.39.15 2918.99.30 2923.10.00 2916.39.16 2918.99.35 2923.20.20 2916.39.21 2918.99.50 2923.90.00 2917.11.00 2919.10.00 2924.12.00 2917.12.20 2919.90.25 2924.19.11 2917.13.00 2919.90.50 2924.21.04 2917.14.10 2920.19.10 2924.21.16 2917.14.50 2920.19.40 2924.21.18 2917.19.10 2920.19.50 2924.21.50 2917.19.15 2920.90.10 2924.29.10 2917.19.17 2920.90.50 2924.29.36 2917.19.23 2921.11.00 2924.29.43 2917.19.30 2921.19.11 2924.29.47 2917.19.70 2921.19.60 2924.29.52 2917.32.00 2921.21.00 2924.29.62 2917.33.00 2921.22.05 2924.29.65 2917.34.01 2921.22.50 2924.29.95 2917.35.00 2921.29.00 2925.11.00 2917.37.00 2921.30.50 2925.19.91 2917.39.20 2921.42.15 2925.29.90 2918.11.10 2921.42.21 2926.10.00 2918.11.51 2921.42.23 2926.90.08 2918.13.50 2921.42.55 2926.90.14 2918.14.00 2921.43.19 2926.90.17 2918.15.10 2921.49.32 2926.90.21 2918.15.50 2921.51.20 2926.90.23 2918.16.10 2921.59.20 2926.90.25 2918.16.50 2922.11.00 2926.90.30 2918.19.60 2922.12.00 2927.00.15 2918.21.10 2922.13.00 2927.00.25 2918.21.50 2922.19.95 2927.00.30 2918.22.10 2922.29.26 2928.00.10 2918.22.50 2922.29.29 2928.00.30 2918.23.10 2922.39.14 2928.00.50 2918.23.20 2922.39.50 2929.10.15 2918.29.22 2922.41.00 2929.10.30

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.044 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44177

2929.90.50 2933.59.10 2941.20.10 2930.20.10 2933.59.15 2942.00.50 2930.20.90 2933.59.18 3006.91.00 2930.30.60 2933.59.59 3201.90.10 2930.50.00 2933.59.95 3201.90.50 2930.90.10 2933.61.00 3202.10.10 2930.90.24 2933.69.50 3202.90.50 2930.90.30 2933.69.60 3203.00.80 2930.90.43 2933.71.00 3204.12.20 2930.90.91 2933.79.20 3204.12.30 2931.10.00 2933.79.30 3204.12.45 2931.20.00 2933.79.85 3204.12.50 2931.90.26 2933.99.06 3204.19.35 2931.90.90 2933.99.14 3204.20.10 2932.11.00 2933.99.17 3204.20.80 2932.13.00 2933.99.22 3204.90.00 2932.19.50 2933.99.24 3205.00.15 2932.20.05 2933.99.55 3206.11.00 2932.20.10 2933.99.85 3206.19.00 2932.20.25 2933.99.90 3206.20.00 2932.20.50 2933.99.97 3206.41.00 2932.94.00 2934.10.90 3206.42.00 2932.99.08 2934.20.05 3206.49.10 2932.99.20 2934.20.10 3206.49.30 2932.99.90 2934.20.15 3206.49.55 2933.11.00 2934.20.35 3206.49.60 2933.19.23 2934.99.08 3207.10.00 2933.19.30 2934.99.11 3207.20.00 2933.19.35 2934.99.12 3207.30.00 2933.19.45 2934.99.15 3207.40.10 2933.19.90 2934.99.16 3208.10.00 2933.21.00 2934.99.18 3208.20.00 2933.29.20 2934.99.20 3208.90.00 2933.29.45 2934.99.30 3209.10.00 2933.29.90 2934.99.47 3209.90.00 2933.39.21 2934.99.90 3210.00.00 2933.39.23 2935.00.06 3212.10.00 2933.39.25 2935.00.20 3212.90.00 2933.39.27 2935.00.32 3213.10.00 2933.49.08 2938.10.00 3213.90.00 2933.49.10 2938.90.00 3214.10.00 2933.49.30 2940.00.60 3215.11.00

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00051 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.045 44178 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

3215.19.00 3503.00.55 3707.10.00 3215.90.10 3504.00.10 3707.90.32 3215.90.50 3504.00.50 3707.90.60 3301.12.00 3505.10.00 3801.10.10 3301.19.10 3505.20.00 3801.30.00 3301.24.00 3506.10.50 3801.90.00 3301.29.10 3506.91.00 3802.10.00 3301.29.20 3506.99.00 3802.90.10 3301.90.10 3601.00.00 3802.90.20 3302.10.40 3603.00.30 3802.90.50 3302.10.50 3603.00.60 3805.10.00 3307.10.10 3603.00.90 3806.10.00 3307.10.20 3604.10.10 3806.20.00 3307.20.00 3604.10.90 3806.30.00 3307.30.10 3604.90.00 3807.00.00 3307.30.50 3606.90.80 3808.50.10 3307.41.00 3701.10.00 3808.91.10 3307.49.00 3701.20.00 3808.91.25 3307.90.00 3701.30.00 3808.91.30 3401.30.10 3701.91.00 3808.92.15 3402.11.20 3701.99.30 3808.92.28 3402.11.40 3701.99.60 3808.92.30 3402.11.50 3702.10.00 3808.93.15 3402.12.10 3702.31.01 3808.93.20 3402.12.50 3702.32.01 3808.94.10 3402.13.10 3702.39.01 3808.94.50 3402.13.20 3702.41.01 3808.99.08 3402.13.50 3702.42.01 3808.99.70 3402.19.10 3702.43.01 3809.10.00 3402.19.50 3702.44.01 3809.91.00 3402.20.11 3702.52.01 3812.10.10 3402.90.10 3702.53.00 3812.20.10 3402.90.30 3702.54.00 3812.30.20 3402.90.50 3702.96.00 3812.30.60 3403.11.40 3702.98.00 3813.00.50 3403.11.50 3703.10.30 3814.00.20 3403.19.50 3703.10.60 3815.90.10 3403.91.10 3703.20.30 3815.90.20 3501.10.10 3703.20.60 3816.00.00 3501.90.20 3703.90.30 3817.00.15 3501.90.60 3703.90.60 3823.11.00 3503.00.10 3706.10.30 3823.12.00

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.046 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44179

3823.19.20 3904.90.50 3913.90.50 3824.30.00 3905.12.00 3914.00.60 3824.60.00 3905.19.00 3916.10.00 3824.75.00 3905.21.00 3916.20.00 3824.76.00 3905.29.00 3916.90.10 3824.79.10 3905.30.00 3916.90.20 3824.90.19 3905.91.10 3917.10.10 3824.90.22 3905.91.50 3917.10.90 3824.90.25 3905.99.80 3917.21.00 3824.90.28 3906.10.00 3917.22.00 3824.90.31 3906.90.20 3917.23.00 3824.90.32 3906.90.50 3917.29.00 3824.90.33 3907.10.00 3917.31.00 3824.90.34 3907.20.00 3917.32.00 3824.90.36 3907.30.00 3917.33.00 3824.90.41 3907.40.00 3917.39.00 3824.90.50 3907.50.00 3917.40.00 3824.90.75 3907.60.00 3918.10.10 3826.00.10 3907.70.00 3918.10.20 3901.10.50 3907.91.40 3918.10.31 3901.20.50 3907.91.50 3918.10.50 3901.30.60 3907.99.01 3918.90.10 3901.90.55 3908.10.00 3918.90.50 3901.90.90 3908.90.70 3919.10.10 3902.10.00 3909.10.00 3919.10.20 3902.20.50 3909.20.00 3919.90.10 3902.30.00 3909.30.00 3919.90.50 3902.90.00 3909.40.00 3920.10.00 3903.11.00 3909.50.20 3920.20.00 3903.19.00 3909.50.50 3920.30.00 3903.20.00 3910.00.00 3920.43.10 3903.30.00 3911.10.00 3920.43.50 3903.90.10 3911.90.25 3920.49.00 3903.90.50 3911.90.45 3920.51.10 3904.10.00 3911.90.90 3920.51.50 3904.21.00 3912.11.00 3920.59.10 3904.22.00 3912.12.00 3920.59.80 3904.30.60 3912.31.00 3920.61.00 3904.40.00 3912.39.00 3920.62.00 3904.50.00 3912.90.00 3920.63.10 3904.61.00 3913.10.00 3920.63.20 3904.69.50 3913.90.20 3920.69.00

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00053 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.047 44180 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

3920.71.00 3925.20.00 4009.42.00 3920.73.00 3925.30.10 4010.11.00 3920.79.05 3925.30.50 4010.12.10 3920.79.10 3925.90.00 4010.12.50 3920.79.50 3926.10.00 4010.12.55 3920.91.00 3926.20.30 4010.19.10 3920.92.00 3926.20.90 4010.19.50 3920.93.00 3926.30.10 4010.19.55 3920.94.00 3926.40.00 4010.19.91 3920.99.10 3926.90.10 4010.31.60 3920.99.20 3926.90.16 4010.32.60 3920.99.50 3926.90.21 4010.33.60 3921.11.00 3926.90.25 4010.34.60 3921.12.11 3926.90.30 4010.35.30 3921.12.19 3926.90.33 4010.35.41 3921.12.50 3926.90.35 4010.35.45 3921.13.11 3926.90.40 4010.35.90 3921.13.50 3926.90.45 4010.36.30 3921.14.00 3926.90.48 4010.36.41 3921.19.00 3926.90.50 4010.36.45 3921.90.11 3926.90.56 4010.36.90 3921.90.40 3926.90.57 4010.39.20 3921.90.50 3926.90.60 4010.39.30 3922.10.00 3926.90.70 4010.39.41 3922.20.00 3926.90.75 4010.39.45 3922.90.00 3926.90.83 4010.39.90 3923.10.00 3926.90.87 4011.10.10 3923.21.00 3926.90.99 4011.10.50 3923.29.00 4006.10.00 4011.20.10 3923.30.00 4006.90.50 4011.20.50 3923.40.00 4008.11.50 4011.93.40 3923.50.00 4008.19.60 4011.93.80 3923.90.00 4008.19.80 4011.94.40 3924.10.10 4008.29.20 4011.94.80 3924.10.20 4008.29.40 4011.99.45 3924.10.30 4009.11.00 4011.99.85 3924.10.40 4009.12.00 4012.11.40 3924.90.05 4009.21.00 4012.11.80 3924.90.10 4009.22.00 4012.12.40 3924.90.20 4009.31.00 4012.12.80 3924.90.56 4009.32.00 4012.19.40 3925.10.00 4009.41.00 4012.19.80

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00054 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.048 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44181

4012.90.45 4104.41.50 4114.20.70 4012.90.90 4104.49.30 4201.00.30 4013.10.00 4104.49.40 4201.00.60 4013.90.50 4104.49.50 4202.22.35 4014.90.50 4106.21.10 4202.29.10 4015.19.10 4106.21.90 4202.29.20 4016.91.00 4106.22.00 4202.31.30 4016.92.00 4107.11.40 4202.32.10 4016.93.10 4107.11.50 4202.32.20 4016.93.50 4107.11.60 4202.39.10 4016.94.00 4107.11.70 4202.39.20 4016.95.00 4107.11.80 4202.39.90 4016.99.03 4107.12.40 4202.92.04 4016.99.05 4107.12.50 4202.92.10 4016.99.10 4107.12.60 4202.92.50 4016.99.15 4107.12.70 4202.99.10 4016.99.20 4107.12.80 4202.99.20 4016.99.55 4107.19.40 4203.10.20 4016.99.60 4107.19.50 4203.21.20 4017.00.00 4107.19.60 4203.21.55 4101.20.35 4107.19.70 4203.21.60 4101.20.40 4107.19.80 4203.21.80 4101.20.50 4107.91.40 4203.30.00 4101.20.70 4107.91.50 4203.40.30 4101.50.35 4107.91.60 4205.00.05 4101.50.40 4107.91.70 4205.00.40 4101.50.50 4107.91.80 4205.00.60 4101.50.70 4107.92.40 4206.00.13 4101.90.35 4107.92.50 4206.00.19 4101.90.40 4107.92.60 4301.60.30 4101.90.50 4107.92.70 4302.11.00 4101.90.70 4107.92.80 4302.19.13 4103.20.20 4107.99.40 4302.19.15 4103.90.13 4107.99.50 4302.19.30 4104.11.30 4107.99.60 4302.19.45 4104.11.40 4107.99.70 4302.19.55 4104.11.50 4107.99.80 4302.19.60 4104.19.30 4112.00.60 4302.19.75 4104.19.40 4113.10.30 4302.20.30 4104.19.50 4113.10.60 4302.20.60 4104.41.30 4113.90.60 4302.20.90 4104.41.40 4114.10.00 4302.30.00

VerDate Sep<11>2014 20:10 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00055 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.049 44182 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

4303.10.00 4418.20.80 4602.19.45 4409.10.05 4418.40.00 4602.19.80 4409.21.05 4418.60.00 4602.90.00 4409.29.05 4418.71.90 5003.00.90 4411.12.20 4418.72.20 5007.10.30 4411.12.90 4418.72.95 5007.90.30 4411.13.20 4418.79.00 5102.19.60 4411.13.90 4418.90.46 5103.10.00 4411.14.20 4419.00.40 5103.20.00 4411.14.90 4419.00.80 5113.00.00 4411.92.40 4420.10.00 5208.31.20 4411.93.20 4420.90.45 5208.32.10 4411.93.90 4420.90.80 5208.41.20 4412.10.05 4421.90.30 5208.42.10 4412.31.25 4421.90.60 5208.51.20 4412.31.40 4421.90.97 5208.52.10 4412.31.51 4503.90.60 5209.31.30 4412.31.60 4601.21.40 5209.41.30 4412.31.91 4601.21.90 5209.51.30 4412.32.25 4601.22.40 5301.21.00 4412.32.31 4601.22.90 5308.90.10 4412.32.56 4601.29.40 5311.00.60 4412.39.30 4601.29.60 5404.12.10 4412.39.40 4601.29.90 5404.19.10 4412.94.31 4601.92.05 5405.00.60 4412.94.41 4601.92.20 5607.29.00 4412.94.70 4601.93.05 5607.41.10 4412.94.80 4601.93.20 5607.49.10 4412.94.90 4601.94.05 5607.90.35 4412.99.31 4601.94.20 5608.90.23 4412.99.41 4601.99.05 5608.90.30 4412.99.70 4602.11.05 5702.50.20 4412.99.80 4602.11.09 5702.91.30 4412.99.90 4602.11.45 5702.92.10 4413.00.00 4602.12.05 5702.99.05 4414.00.00 4602.12.16 5702.99.20 4415.10.90 4602.12.23 5703.10.20 4415.20.80 4602.12.45 5703.20.10 4416.00.90 4602.19.05 5703.30.20 4417.00.80 4602.19.16 5703.90.00 4418.10.00 4602.19.18 5903.10.10 4418.20.40 4602.19.23 5903.90.10

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00056 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.050 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44183

5906.10.00 6603.20.90 6910.10.00 5910.00.10 6603.90.81 6910.90.00 5911.40.00 6701.00.30 6911.10.15 6116.10.08 6701.00.60 6911.10.25 6116.92.08 6702.10.20 6911.10.35 6116.93.08 6702.10.40 6911.10.37 6116.99.35 6702.90.10 6911.10.38 6117.10.40 6702.90.35 6911.10.41 6117.80.85 6702.90.65 6911.10.45 6204.39.60 6801.00.00 6911.10.60 6204.49.10 6802.10.00 6911.90.00 6210.10.20 6802.21.10 6912.00.10 6213.90.05 6802.21.50 6912.00.35 6214.10.10 6802.23.00 6912.00.41 6216.00.08 6802.29.10 6912.00.44 6216.00.35 6802.29.90 6912.00.46 6216.00.46 6802.91.05 6912.00.48 6217.10.85 6802.91.15 6912.00.50 6302.99.10 6802.91.20 6913.10.20 6304.99.10 6802.91.25 6913.90.50 6304.99.25 6802.91.30 6914.10.80 6304.99.40 6802.92.00 6914.90.80 6306.40.49 6802.93.00 7001.00.20 6307.90.85 6802.99.00 7002.20.50 6307.90.98 6803.00.10 7002.32.00 6405.90.20 6804.22.10 7002.39.00 6406.10.72 6806.10.00 7003.12.00 6406.10.85 6807.90.00 7003.19.00 6406.20.00 6809.19.00 7003.20.00 6406.90.10 6810.11.00 7003.30.00 6406.90.30 6810.19.12 7004.20.20 6501.00.60 6810.19.14 7004.20.50 6502.00.20 6810.19.50 7004.90.25 6502.00.40 6814.10.00 7004.90.50 6504.00.30 6814.90.00 7005.10.80 6504.00.60 6905.10.00 7005.29.25 6505.00.01 6905.90.00 7005.30.00 6506.99.30 6908.10.20 7006.00.10 6506.99.60 6909.11.40 7006.00.20 6601.10.00 6909.12.00 7006.00.40 6601.99.00 6909.19.50 7007.11.00 6602.00.00 6909.90.00 7007.19.00

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00057 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.051 44184 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

7007.21.10 7019.32.00 7115.90.30 7007.21.50 7019.39.10 7115.90.40 7007.29.00 7019.39.50 7115.90.60 7008.00.00 7019.90.50 7116.10.10 7009.10.00 7020.00.40 7116.10.25 7009.91.10 7020.00.60 7116.20.05 7009.91.50 7103.10.40 7116.20.15 7009.92.10 7103.99.50 7116.20.30 7009.92.50 7104.10.00 7116.20.35 7010.20.20 7104.90.50 7116.20.40 7010.20.30 7106.91.50 7117.11.00 7010.90.20 7106.92.50 7117.19.15 7010.90.30 7107.00.00 7117.19.20 7011.10.50 7108.12.50 7117.19.30 7011.20.10 7108.13.70 7117.19.90 7011.20.85 7109.00.00 7117.90.20 7011.90.00 7111.00.00 7117.90.30 7013.10.10 7113.11.10 7117.90.55 7013.22.50 7113.11.20 7117.90.90 7013.33.50 7113.11.50 7202.11.10 7013.41.30 7113.19.10 7202.19.10 7013.41.50 7113.19.21 7202.19.50 7013.91.50 7113.19.25 7202.21.10 7013.99.30 7113.19.29 7202.21.50 7013.99.35 7113.19.30 7202.30.00 7014.00.10 7113.19.50 7202.41.00 7014.00.20 7113.20.10 7202.49.50 7014.00.30 7113.20.21 7202.50.00 7014.00.50 7113.20.25 7202.80.00 7016.10.00 7113.20.29 7202.99.10 7016.90.10 7113.20.30 7307.11.00 7016.90.50 7113.20.50 7307.19.30 7017.10.60 7114.11.10 7307.21.10 7017.20.00 7114.11.20 7307.21.50 7017.90.50 7114.11.30 7307.22.50 7018.10.10 7114.11.40 7307.23.00 7018.90.10 7114.11.50 7307.29.00 7018.90.50 7114.11.60 7307.91.10 7019.11.00 7114.11.70 7307.91.30 7019.12.00 7114.19.00 7307.91.50 7019.19.30 7114.20.00 7307.92.90 7019.31.00 7115.10.00 7307.93.60

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.052 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44185

7307.93.90 7403.19.00 7410.11.00 7307.99.10 7403.21.00 7410.12.00 7307.99.30 7403.22.00 7410.21.30 7307.99.50 7403.29.01 7410.21.60 7315.89.10 7407.10.15 7410.22.00 7315.89.50 7407.10.30 7411.10.10 7315.90.00 7407.10.50 7411.10.50 7318.12.00 7407.21.15 7411.21.10 7318.13.00 7407.21.30 7411.21.50 7318.15.60 7407.21.50 7411.22.00 7318.15.80 7407.21.70 7411.29.10 7318.19.00 7407.21.90 7411.29.50 7318.21.00 7407.29.16 7412.10.00 7318.24.00 7407.29.34 7412.20.00 7318.29.00 7407.29.38 7413.00.10 7319.40.20 7407.29.40 7413.00.50 7319.40.30 7407.29.50 7413.00.90 7319.90.90 7408.11.30 7415.10.00 7320.10.30 7408.11.60 7415.21.00 7320.10.90 7408.19.00 7415.29.00 7320.20.10 7408.21.00 7415.33.05 7320.20.50 7408.22.10 7415.33.10 7320.90.50 7408.22.50 7415.33.80 7321.11.10 7408.29.10 7415.39.00 7321.81.10 7408.29.50 7418.10.00 7321.82.10 7409.11.10 7418.20.10 7323.91.50 7409.11.50 7418.20.50 7323.93.00 7409.19.10 7419.10.00 7323.94.00 7409.19.50 7419.99.06 7323.99.30 7409.19.90 7419.99.09 7323.99.70 7409.21.00 7419.99.16 7323.99.90 7409.29.00 7419.99.30 7324.10.00 7409.31.10 7505.11.10 7325.91.00 7409.31.50 7505.11.30 7325.99.50 7409.31.90 7505.11.50 7326.19.00 7409.39.10 7505.12.10 7326.20.00 7409.39.50 7505.12.30 7326.90.60 7409.39.90 7505.12.50 7326.90.85 7409.40.00 7505.21.10 7403.11.00 7409.90.10 7505.21.50 7403.12.00 7409.90.50 7505.22.10 7403.13.00 7409.90.90 7505.22.50

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00059 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.053 44186 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

7506.10.05 7610.10.00 7907.00.60 7506.10.10 7610.90.00 8003.00.00 7506.10.30 7611.00.00 8007.00.10 7506.20.05 7612.10.00 8007.00.20 7506.20.10 7612.90.10 8007.00.31 7506.20.30 7613.00.00 8007.00.32 7507.11.00 7614.10.50 8007.00.40 7507.12.00 7614.90.20 8007.00.50 7507.20.00 7614.90.50 8101.97.00 7508.10.00 7615.10.11 8101.99.80 7508.90.10 7615.10.20 8102.95.30 7508.90.50 7615.10.30 8102.95.60 7603.10.00 7615.10.50 8102.96.00 7603.20.00 7615.10.71 8102.99.00 7604.10.10 7615.10.91 8103.20.00 7604.10.30 7615.20.00 8103.90.00 7604.10.50 7616.10.10 8104.11.00 7604.29.10 7616.10.30 8104.30.00 7604.29.30 7616.10.50 8104.90.00 7604.29.50 7616.10.70 8105.90.00 7605.11.00 7616.10.90 8107.90.00 7605.19.00 7616.91.00 8108.90.30 7605.21.00 7616.99.50 8108.90.60 7605.29.00 7801.10.00 8109.90.00 7606.11.30 7801.91.00 8111.00.60 7606.11.60 7801.99.30 8112.12.00 7606.12.30 7801.99.90 8112.19.00 7606.12.60 7804.11.00 8112.21.00 7606.91.30 7804.19.00 8112.29.00 7606.91.60 7806.00.03 8112.59.00 7606.92.30 7806.00.05 8112.92.10 7606.92.60 7806.00.80 8112.92.50 7607.11.30 7901.11.00 8112.92.60 7607.11.60 7901.12.50 8112.92.65 7607.11.90 7901.20.00 8112.99.10 7607.19.10 7903.10.00 8112.99.90 7607.19.30 7903.90.30 8113.00.00 7607.19.60 7903.90.60 8201.40.60 7607.20.10 7904.00.00 8201.50.00 7608.10.00 7905.00.00 8201.60.00 7608.20.00 7907.00.10 8201.90.30 7609.00.00 7907.00.20 8202.40.30

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.054 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44187

8203.20.20 8207.90.45 8302.10.90 8203.20.60 8207.90.60 8302.20.00 8203.20.80 8207.90.75 8302.30.30 8203.40.30 8209.00.00 8302.41.30 8203.40.60 8210.00.00 8302.41.60 8204.11.00 8211.91.50 8302.41.90 8204.12.00 8211.91.80 8302.42.30 8204.20.00 8211.92.20 8302.42.60 8205.10.00 8211.92.40 8302.49.20 8205.20.30 8211.92.60 8302.49.60 8205.30.30 8211.92.90 8302.49.80 8205.30.60 8211.93.00 8302.60.30 8205.40.00 8211.94.10 8302.60.90 8205.51.30 8211.94.50 8303.00.00 8205.51.60 8211.95.10 8304.00.00 8205.51.75 8211.95.50 8305.10.00 8205.59.10 8211.95.90 8305.90.60 8205.59.45 8213.00.30 8306.10.00 8205.59.55 8213.00.60 8306.21.00 8205.59.70 8214.10.00 8306.30.00 8205.59.80 8214.20.30 8307.10.30 8205.60.00 8214.20.90 8307.10.60 8205.70.00 8214.90.60 8307.90.30 8207.13.00 8214.90.90 8307.90.60 8207.19.30 8215.91.60 8308.10.00 8207.19.60 8215.91.90 8308.90.60 8207.20.00 8215.99.20 8308.90.90 8207.30.30 8215.99.24 8309.90.00 8207.30.60 8215.99.40 8401.10.00 8207.40.30 8215.99.50 8401.20.00 8207.40.60 8301.10.50 8401.30.00 8207.50.20 8301.10.60 8401.40.00 8207.50.40 8301.10.90 8402.11.00 8207.50.60 8301.20.00 8402.12.00 8207.50.80 8301.30.00 8402.19.00 8207.60.00 8301.40.30 8402.20.00 8207.70.30 8301.40.60 8402.90.00 8207.70.60 8301.50.00 8404.10.00 8207.80.30 8301.60.00 8404.20.00 8207.80.60 8301.70.00 8404.90.00 8207.90.15 8302.10.30 8406.10.10 8207.90.30 8302.10.60 8406.81.10

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00061 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.055 44188 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

8406.82.10 8415.82.01 8445.40.00 8406.90.20 8415.83.00 8445.90.00 8406.90.30 8415.90.40 8446.21.50 840~.90.40 8415.90.80 8446.30.50 8406.90.45 8417.10.00 8447.20.30 8407.33.60 8417.20.00 8448.20.10 8407.34.14 8417.80.00 8448.20.50 8407.34.18 8417.90.00 8448.31.00 8407.34.44 8418.29.10 8448.33.00 8407.34.48 8418.29.20 8448.39.50 8408.10.00 8419.50.10 8448.42.00 8408.20.20 8419.60.10 8448.49.10 8408.20.90 8419.89.95 8449.00.10 8409.91.30 8419.90.95 8450.11.00 8409.91.50 8420.10.10 8450.12.00 8409.91.92 8420.91.10 8450.19.00 8409.91.99 8420.99.10 8450.20.00 8409.99.91 8421.19.00 8450.90.20 8409.99.92 8421.23.00 8450.90.40 8410.11.00 8421.31.00 8450.90.60 8410.12.00 8422.11.00 8451.21.00 8410.13.00 8423.20.00 8451.29.00 8410.90.00 8423.89.00 8451.40.00 8411.81.80 8423.90.00 8451.80.00 8411.82.80 8424.20.10 8451.90.30 8411.99.90 8424.81.90 8451.90.60 8413.30.10 8424.89.00 8451.90.90 8413.30.90 8424.90.10 8452.90.10 8413.91.10 8438.40.00 8456.10.10 8414.10.00 8438.50.00 8456.10.80 8414.20.00 8438.90.90 8456.20.10 8414.40.00 8442.50.90 8456.20.50 8414.51.30 8443.11.10 8456.30.10 8414.51.90 8443.14.00 8456.30.50 8414.59.30 8443.16.00 8456.90.21 8414.59.60 8443.17.00 8456.90.30 8414.80.90 8443.19.20 8456.90.70 8414.90.10 8443.39.20 8457.10.00 8415.10.60 8443.39.40 8457.20.00 8415.10.90 8443.39.50 8457.30.00 8415.20.00 8443.91.20 8458.11.00 8415.81.01 8445.19.00 8458.19.00

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00062 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.056 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44189

8458.91.10 8462.49.00 8472.90.40 8458.91.50 8462.91.40 8472.90.90 8458.99.10 8462.91.80 8473.10.40 8458.99.50 8462.99.40 8473.10.60 8459.10.00 8462.99.80 8473.10.90 8459.21.00 8463.10.00 8473.40.85 8459.29.00 8463.20.00 8477.10.90 8459.31.00 8463.30.00 8477.20.00 8459.39.00 8463.90.00 8477.30.00 8459.40.00 8464.20.01 8477.40.01 8459.51.00 8464.90.01 8477.51.00 8459.59.00 8465.10.00 8477.59.01 8459.61.00 8465.91.00 8477.80.00 8459.69.00 8465.92.00 8477.90.25 8459.70.40 8465.93.00 8477.90.45 8459.70.80 8465.94.00 8477.90.65 8460.11.00 8465.95.00 8477.90.85 8460.19.00 8465.96.00 8479.50.00 8460.21.00 8465.99.01 8479.60.00 8460.29.00 8466.10.01 8479.89.55 8460.31.00 8466.20.10 8479.89.65 8460.39.00 8466.20.80 8479.89.98 8460.40.40 8466.30.10 8480.10.00 8460.40.80 8466.30.60 8480.20.00 8460.90.40 8466.30.80 8480.30.00 8460.90.80 8466.92.50 8480.41.00 8461.20.40 8466.93.30 8480.49.00 8461.20.80 8466.93.53 8480.71.80 8461.30.40 8466.93.75 8480.79.90 8461.30.80 8466.93.95 8481.10.00 8461.40.10 8466.94.65 8481.20.00 8461.40.50 8466.94.85 8481.30.10 8461.50.40 8467.11.10 8481.30.20 8461.50.80 8467.19.10 8481.30.90 8461.90.30 8467.21.00 8481.40.00 8461.90.60 8468.10.00 8481.80.10 8462.10.00 8468.20.10 8481.80.30 8462.21.00 8468.80.10 8481.80.50 8462.29.00 8468.90.10 8481.80.90 8462.31.00 8472.10.00 8481.90.10 8462.39.00 8472.30.00 8481.90.30 8462.41.00 8472.90.05 8481.90.50

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00063 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.057 44190 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

8482.30.00 8501.40.20 8505.19.30 8482.40.00 8501.40.40 8505.20.00 8482.50.00 8501.40.50 8505.90.80 8482.80.00 8501.40.60 8506.10.00 8483.10.10 8501.51.20 8506.30.10 8483.10.30 8501.51.40 8506.30.50 8483.20.40 8501.51.50 8506.40.10 8483.30.40 8501.51.60 8506.40.50 8483.40.50 8501.52.40 8506.50.00 8483.40.70 8501.53.60 8506.60.00 8483.40.80 8501.53.80 8506.80.00 8483.40.90 8501.61.00 8506.90.00 8483.50.40 8501.62.00 8507.10.00 8483.50.60 8501.63.00 8507.20.40 8483.50.90 8501.64.00 8507.20.80 8483.60.40 8502.11.00 8507.30.40 8483.90.10 8502.12.00 8507.30.80 8483.90.20 8502.13.00 8507.40.40 8483.90.50 8502.20.00 8507.40.80 8484.10.00 8502.31.00 8507.50.00 8484.20.00 8502.39.00 8507.60.00 8484.90.00 8502.40.00 8507.80.40 8487.90.00 8503.00.20 8507.80.81 8501.10.20 8503.00.35 8507.90.40 8501.10.40 8503.00.65 8507.90.80 8501.10.60 8503.00.75 8509.40.00 8501.20.20 8503.00.95 8509.80.50 8501.20.40 8504.10.00 8509.90.25 8501.20.50 8504.23.00 8509.90.35 8501.20.60 8504.31.40 8509.90.45 8501.31.20 8504.31.60 8509.90.55 8501.31.40 8504.32.00 8510.20.10 8501.31.50 8504.33.00 8510.20.90 8501.31.60 8504.34.00 8510.30.00 8501.31.80 8504.40.40 8510.90.30 8501.32.20 8504.40.95 8510.90.40 8501.32.60 8504.50.80 8510.90.55 8501.33.30 8504.90.75 8511.10.00 8501.33.40 8504.90.95 8511.20.00 8501.33.60 8505.11.00 8511.30.00 8501.34.30 8505.19.10 8511.40.00 8501.34.60 8505.19.20 8511.50.00

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.058 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44191

8511.80.20 8518.30.20 8528.69.25 8511.80.60 8518.40.20 8528.69.40 8511.90.20 8518.50.00 8528.69.55 8511.90.60 8518.90.40 8528.71.10 8512.10.40 8518.90.80 8528.72.16 8512.20.40 8519.30.10 8528.72.28 8512.30.00 8519.81.10· 8528.72.36 8512.40.20 8519.81.20 8528.72.44 8512.40.40 8519.89.20 8528.72.52 8512.90.20 8522.10.00 8528.72.64 8512.90.70 8522.90.25 8528.72.80 8512.90.90 8522.90.35 8529.10.90 8513.10.20 8522.90.55 8529.90.01 8513.10.40 8522.90.65 8529.90.09 8513.90.20 8522.90.75 8529.90.16 8513.90.40 8523.29.40 8529.90.19 8514.20.40 8523.29.50 8529.90.26 8514.20.60 8523.29.60 8529.90.29 8514.30.00 8523.29.80 8529.90.63 8514.90.40 8523.49.50 8529.90.73 8515.11.00 8523.80.10 8529.90.81 8515.31.00 8525.50.70 8529.90.95 8515.39.00 8525.80.10 8529.90.97 8515.90.20 8525.80.20 8531.10.00 8516.29.00 8525.80.30 8531.80.00 8516.31.00 8525.80.50 8531.90.30 8516.32.00 8526.92.50 8531.90.90 8516.40.40 8527.19.50 8535.10.00 8516.50.00 8527.21.10 8535.21.00 8516.60.60 8527.29.40 8535.29.00 8516.71.00 8527.91.40 8535.30.00 8516.72.00 8527.92.50 8535.40.00 8516.79.00 8527.99.15 8535.90.40 8516.90.05 8527.99.40 8535.90.80 8516.90.15 8528.49.20 8536.10.00 8516.90.25 8528.49.35 8536.20.00 8516.90.85 8528.49.45 8536.30.40 8516.90.90 8528.49.60 8536.30.80 8518.10.80 8528.49.70 8536.41.00 8518.21.00 8528.59.23 8536.49.00 8518.22.00 8528.59.40 8536.50.40 8518.29.80 8528.69.15 8536.50.90

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00065 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.059 44192 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

8536.61.00 8544.20.00 8708.10.30 8536.69.80 8544.30.00 8708.10.60 8536.90.80 8544.42.90 8708.21.00 8537.10.30 8544.49.20 8708.29.15 8537.10.60 8544.49.30 8708.29.25 8537.10.90 8544.49.90 8708.29.50 8537.20.00 8544.60.20 8708.30.50 8538.10.00 8544.60.40 8708.40.11 8538.90.30 8544.60.60 8708.40.50 8538.90.40 8546.10.00 8708.40.75 8538.90.60 8546.20.00 8708.50.51 8538.90.80 8547.10.40 8708.50.61 8539.10.00 8547.10.80 8708.50.65 8539.21.40 8547.90.00 8708.50.79 8539.22.40 8603.10.00 8708.50.85 8539.22.80 8603.90.00 8708.50.89 8539.29.10 8604.00.00 8708.50.91 8539.29.20 8605.00.00 8708.50.95 8539.29.40 8606.10.00 8708.50.99 8539.31.00 8606.30.00 8708.70.45 8539.32.00 8606.91.00 8708.70.60 8539.39.00 8606.92.00 8708.80.13 8539.41.00 8606.99.01 8708.80.16 8539.49.00 8607.12.00 8708.80.65 8539.90.00 8607.19.03 8708.91.50 8540.12.10 8607.19.30 8708.91.75 8540.12.20 8607.19.90 8708.92.75 8543.10.00 8607.21.10 8708.93.60 8543.20.00 8607.21.50 8708.93.75 8543.30.00 8607.29.10 8708.94.50 8543.70.20 8607.29.50 8708.94.75 8543.70.40 8607.30.10 8708.95.05 8543.70.60 8607.30.50 8708.95.20 8543.70.70 8607.99.10 8708.99.55 8543.70.80 8607.99.50 8708.99.58 8543.70.96 8608.00.00 8708.99.68 8543.90.15 8702.10.30 8708.99.81 8543.90.35 8702.10.60 8711.40.60 8543.90.68 8702.90.30 8711.50.00 8543.90.88 8702.90.60 8712.00.50 8544.11.00 8703.10.50 8714.91.20 8544.19.00 8706.00.50 8714.92.50

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00066 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.060 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44193

8715.00.00 9006.59.60 9015.30.80 8716.80.50 9006.91.00 9015.40.80 8716.90.30 9006.99.00 9015.80.20 8716.90.50 9007.20.40 9015.90.00 8804.00.00 9007.20.80 9016.00.20 8903.10.00 9007.91.80 9016.00.40 8903.91.00 9007.92.00 9016.00.60 8903.92.00 9008.50.10 9017.10.80 8903.99.15 9008.50.30 9017.20.40 8903.99.20 9008.50.40 9017.20.80 8903.99.90 9008.90.80 9017.30.40 9001.10.00 9010.10.00 9017.30.80 9001.20.00 9010.50.30 9017.80.00 9001.30.00 9010.50.40 9017.90.01 9001.40.00 9010.60.00 9020.00.60 9001.50.00 9010.90.40 9020.00.90 9001.90.40 9010.90.90 9022.29.40 9001.90.50 9011.10.40 9022.29.80 9001.90.60 9011.10.80 9022.30.00 9001.90.80 9011.20.40 9022.90.05 9001.90.90 9011.20.80 9022.90.15 9002.11.40 9011.80.00 9022.90.25 9002.11.90 9011.90.00 9022.90.40 9002.19.00 9012.10.00 9022.90.60 9002.20.40 9012.90.00 9022.90.70 9002.20.80 9013.10.10 9022.90.95 9002.90.20 9013.10.30 9024.10.00 9002.90.40 9013.10.40 9024.80.00 9002.90.70 9013.20.00 9024.90.00 9002.90.95 9013.80.20 9025.19.40 9003.11.00 9013.80.40 9025.19.80 9003.90.00 9013.80.90 9025.80.10 9004.10.00 9013.90.20 9025.80.15 9004.90.00 9013.90.90 9025.80.20 9005.80.40 9014.10.10 9025.80.35 9005.80.60 9014.10.90 9025.80.40 9005.90.40 9014.20.20 9025.80.50 9005.90.80 9014.20.40 9025.90.00 9006.40.60 9014.80.10 9027.10.20 9006.52.30 9014.80.20 9027.10.40 9006.52.60 9015.10.80 9027.10.60 9006.59.40 9015.20.80 9027.50.10

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00067 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.061 44194 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

9027.90.20 9032.90.60 9208.90.00 9027.90.58 9033.00.00 9209.92.20 9027.90.68 9101.21.30 9209.92.40 9027.90.88 9101.29.80 9209.92.80 9028.10.00 9101.99.40 9209.94.40 9028.20.00 9102.29.04 9209.94.80 9028.30.00 9102.29.10 9209.99.10 9028.90.00 9102.91.20 9209.99.18 9029.10.40 9102.99.20 9209.99.80 9029.20.60 9102.99.40 9301.90.30 9029.90.20 9102.99.60 9301.90.60 9029.90.60 9102.99.80 9303.20.00 9030.10.00 9105.19.10 9303.30.40 9030.20.10 9105.19.40 9303.30.80 9030.31.00 9105.99.10 9303.90.40 9030.32.00 9106.90.40 9304.00.20 9030.33.00 9106.90.55 9304.00.60 9030.39.01 9106.90.65 9305.10.40 9030.84.00 9107.00.40 9305.20.05 9030.89.01 9112.20.80 9305.99.50 9030.90.25 9112.90.00 9305.99.60 9030.90.45 9113.10.00 9307.00.00 9030.90.68 9113.20.20 9404.21.00 9030.90.88 9113.20.60 9404.29.90 9031.10.00 9113.20.90 9404.30.40 9031.20.00 9113.90.80 9404.90.20 9031.49.10 9201.10.00 9405.10.40 9031.49.40 9201.20.00 9405.10.60 9031.49.90 9201.90.00 9405.10.80 9031.80.80 9202.10.00 9405.20.40 9031.90.20 9202.90.20 9405.20.60 9031.90.45 9202.90.40 9405.20.80 9031.90.58 9202.90.60 9405.30.00 9031.90.90 9205.10.00 9405.40.40 9032.10.00 9205.90.14 9405.40.60 9032.20.00 9205.90.18 9405.40.80 9032.81.00 9205.90.40 9405.50.20 9032.89.20 9206.00.20 9405.50.30 9032.89.40 9206.00.80 9405.50.40 9032.89.60 9207.10.00 9405.60.20 9032.90.20 9207.90.00 9405.60.40 9032.90.40 9208.10.00 9405.60.60

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00068 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.062 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44195

9405.91.10 9507.90.40 9611.00.00 9405.91.30 9507.90.60 9613.10.00 9405.91.40 9507.90.80 9613.20.00 9405.91.60 9601.90.40 9613.80.10 9405.92.00 9601.90.80 9613.80.20 9405.99.20 9602.00.10 9613.80.40 9405.99.40 9602.00.40 9613.80.60 9406.00.40 9602.00.50 9613.80.80 9406.00.80 9603.10.90 9613.90.40 9506.11.40 9603.29.40 9613.90.80 9506.12.80 9603.29.80 9614.00.25 9506.19.80 9603.30.20 9614.00.26 9506.31.00 9603.40.20 9614.00.28 9506.39.00 9603.40.40 9614.00.94 9506.40.00 9603.90.80 9614.00.98 9506.51.20 9604.00.00 9615.11.10 9506.51.40 9605.00.00 9615.11.20 9506.51.60 9606.10.40 9615.11.30 9506.59.40 9606.10.80 9615.11.40 9506.59.80 9606.21.40 9615.19.20 9506.62.80 9606.21.60 9615.19.40 9506.69.40 9606.29.20 9615.19.60 9506.69.60 9606.29.40 9615.90.20 9506.70.40 9606.29.60 9615.90.30 9506.91.00 9606.30.80 9615.90.40 9506.99.12 9607.11.00 9615.90.60 9506.99.30 9607.19.00 9617.00.10 9506.99.45 9607.20.00 9617.00.30 9506.99.50 9608.10.00 9617.00.40 9506.99.55 9608.20.00 9617.00.60 9506.99.60 9608.40.40 9618.00.00 9507.20.40 9608.60.00 9619.00.05 9507.20.80 9608.99.20 9619.00.90 9507.30.60 9608.99.30 9507.30.80 9609.10.00 9507.90.20 9610.00.00

!!:. Effective with respect to goods entered, or withdrawn from warehouse for consumption. on or after July 1, 2016, the "Rates of Duty 1-Special" subcolumn for each of the subheadings of the Harmonized Tariff Schedule of the United States enumerated below is modified by inserting in alphabetical sequence:

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00069 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.063 44196 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

1. In subheadings 2106.90.52, 2106.90.54, 2202.90.36, and 2202.90.37, in the parenthetical expression following the rate of duty beginning "The rate applicable to the natural juice in heading 2009" the symbol "0".

2. In heading 9817.61.01, in the parenthetical expression following the rate of duty beginning 'The rate applicable in the absence of this heading" the symbol "0".

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00070 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.064 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44197

ANNEX IV

MODIFICATIONS TO THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES

Effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after July 1, 2016, the Harmonized Tariff Schedule of the United States (HTS) is modified as

provided herein1 with the language in tabular format inserted in the HTS columns entitled 1 "Heading/Subheading", "Article Description", "Rates of Duty·1-Gimeral ', ''Rates of Duty 1- Special'\ and "Rates of Duty 2", respectively.

Section A.

1. Subheading 4202.12.20 is deleted and the following new provisions are inserted in lieu thereof: [4202 :Trunks, suitcases, ... :] [Trunks, suitcases, ... ] [4202 12 With outer surface of plastics or ... :J "With outer surface of plastics· 4202.12 21 Trunks, suitcases, vanity cases and : similar containers...... :20% :Free (A+,AU,BH, :45% : CA,CL,CO,D,IL, · : JO,KR,MA,MX, . : OM,P,PA,PE,R, . : SG) :17.5% (E) 4202.12.29 Other...... :20% :Free (AU,BH, :45%" : CA,CL,CO,D,Il, ; : JO,KR,MA,MX, : : OM,P,PA,PE,R, : ; SG) :17.5% (E)

2. Subheading 4202.12.80 Is deleted and the following new provisions are inserted in lieu thereof: [4202 :Trunks. suitcases, ... :] : [Trunks, suitcases, ... J [4202.12 With outer surface of plastics or . . :] [With outer surface of textile materials:} : "4202.12.81 Of man-made fibers ...... : 17.6% :Free (A+,AU,BH, :65% : CA,CL,CO,D,IL, : : JO,KR,MA,MX, : OM,P,PA,PE, : SG) ·16.6% (E) 4202.12.89 Other...... :17 6%, :Free (AU,BH, :65%" .CA,CL,CO,ll, :JO,KR,MA,MX, :OM,P,PA,PE, :SG) :16.6% (E)

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00071 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.065 44198 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

3. Subheading 4202.22.80 is deleted and the following new provisions are inserted in lieu thereof: [4202 : Trunks, su1tcases, ... :] (Handbags, .. :] {4202.22 With outer surface of sheeting of ....] {With outer surface of textile materials:] [Other:] [Other:] "4202 22.81 Of man-made fibers ...... :17.6% :Free (A+,AU,BH, :65% : CA,CL,CO,D,IL, . : JO,KR,MA,MX, : OM,P,PA,PE, : SG} .16.6% {E) 4202.22.89 Other ...... :17.6% :Free (AU,BH, :65%" · CA,CL,CO,IL, : JO,KR,MA,MX, : OM,P,PA,PE, · SG) :16.6% (E)

4. Subheading 4202.32.95 is deleted and the following new provisions are inserted in lieu thereof: [4202 . Trunks, suitcases, ... :] [Articles ... :] [4202.32 With outer surface of sheeting of .. :] {With outer surface of textile materials:] [Other:} · : "4202 32.91 Of cotton ...... : .. :17.6% :Free (AU,BH, ·65% : CA,Cl,CO,lL, : JO,KR,MA,MX, : OM,P,PA,PE, : SG) :16.6% (E) 4202.32.93 Of man-made fibers ...... :17.6% :Free (A+,AU,BH, ·65% : CA,CL,CO,D,IL, . : JO,KR,MA,MX, : OM,P,PA,PE. : SG) :16.6% (E) : 4202 32.99 Other...... :17.6% :Free (A+,AU,BH, :65%" : CA,CL,CO,O,Il, : : JO,KR,MA,MX, : OM,P,PA.PE, : SG) :16.6% (E)

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00072 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.066 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44199

5. Subheading 4202.91.00 is deleted and the following new provisions are inserted in lieu thereof: {4202 :Trunks, suitcases, ..:] {Other:] ~4202.91: With outer surface of leather or of composition leather: 4202.91.10 Golf bags ...... :4.5% :Free (AU,BH, :35% : CA,CL,CO,D,IL, : : JO,KR,MA,MX, : OM,P,PA,PE, : SG) :3.5% (E) : Other...... ,, ...... :4.5o/o :Free (A+,AU,BH, :35%" : CA,CL,CO,D,IL, : : JO,KR,MA,MX, : OM,P,PA,PE, :SG} :3.5% (E)

6. Subheading 4202.92.30 is deleted and the following new provisions are in~erted in lieu thereof: : [4202 . Trunks, suitcases,. .. :] [Other .. :] [4202.92 With outer surface of sheeting ••. :} (Travel, sports, ... :} [Wtth outer surface of textile ... ·] : . . "4202.92.31 Of man-made fibers .... :., ...... :17.6% :Free (A+,AU,BH, :65% : CA,Cl,CO,D,Il, . : JO,KR.MA,MX, : OM,P,PA,PE, : SG) :16.6% (E) 4202.92.33 Of paper yarn or of cotton; containing 85 percent or more by : weight of silk or silk waste ...... :17.6% :Free (AU,BH, :65% . CA,CL,CO, ll, : JO,KR.MA,MX, : OM,P.PA.PE, : SG) :16.6% (E) : 4202.92.39 Other...... :17.6°/c :Free (A+,AU,BH, : 65%" : CA,CL,CO,D,IL, : : JO,KR.MA,MX, : OM,P,PA,PE, : SG) :16.6% (E)

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00073 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.067 44200 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

7. Subheading 4202.92.90 is deleted and the following new provisions are inserted in lieu thereof: [4202 :Trunks, suitcases, ... :] [Other.. :) [4202 92 With outer surface of sheeting ... :] [Other:] "Other: With outer surface of textile materials: "4202.92 91 Of man-made fibers (except jewelry boxes of a kind normally sold at retail with their contents) ...... :17.6% :Free (A+, :45% : AU,BH, CA,CL, : CO,D,IL, JO,KR,: : MA,MX,OM,P, : PA,PE,SG) . :16.6% (E) 4202.92.93 Other...... :17.6% .Free (AU, :45% : BH,CA,CL, CO, : IL,JO,KR,MA, :MX,OM,P, : PA,pE,SG) :1s.sro Other. 4202 92.94 Cases designed to protect and transport compact disks (CO's), CD Rom disks, CD players, cassette players, : and/or cassettes...... :17-6% :Free (AU, :45% : BH,CA,CL, CO, : IL,JO,KR,MA, : MX,OM,P, · PA,PE,SG) :16.6% (E)

4202.92.97 Other...... 17.6o/o :Free (A+, :45%" : AU,BH, CA,CL, : CO,O,IL, JO,KR,: : MA,MX,OM,P, : PA,PE,SG) :16.6% (E)

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00074 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.068 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44201

Section B. Effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after July 1, 2016, the HTS is modified for the following subheadings:

1. The Rates of Duty 1-Special subcolumn is modified by adding the symbols "A+" in alphabetical order for: 4202.11.00 4202.21.60 4202.21.90 4202.22.15 4202.31.60 4202.92.45 4202.99.90

2. The Rates of Duty 1-Special subcolumn is modified by adding the symbols "A+" and "D" in alphabetical order for: 4202.12.40 4202.22.45 4202.32.40 4202.32.80 4202.92.15 4202.92.20

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00075 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.069 44202 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

ANNEXV

Section A. Effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after July 1, 2016, general note 4(d) to the Harmonized Tariff Schedule of the United States (HTS} is modified by:

.:L. adding, in numerical sequence, the following subheading numbers and the countries set out opposite such subheading numbers:

2202.90.36 Philippines 3204.20.10 India 3204.20.80 India 7325.91.00 India 8708.50.95 India

2. adding, in alphabetical order, the following country opposite the following subheading number:

3907.60.00 India

Section B. Effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after July 1, 2016, the HTS is modified as provided in this section. For each of the fo~lowing subheadings, the Rates of Duty 1-Special subcolumn is modified by deleting the. symboi"A" and inserting the symbol "A*" in lieu thereof:

2202.90.36 3204.20.10 3204.20.80 7325.91.00 8708.50.95

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00076 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.070 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44203

ANNEX VI

HTS Subheadings and Countries for Which the Competitive Need limitation Provided in Section 503(c)(2)(A){i)(ll) Is Disregarded

0302.46.11 Guyana 2908.19.20 India 0304.91.90 Ecuador 2909.11.00 India 0405.20.80 India 2910.10.00 India 0603.13.00 Thailand 2910.20.00 Brazil 0710.80.50 Turkey 2912.49.10 India 0711.40.00 India 2913.00.50 India 0713.34.10 Thailand 2914.29.10 India 0713.34.20 Belize 2914.31.00 India 0713.60.60 India 2914.40.10' Brazil 0802.52.00 Turkey .2914.40.20 tndia 0802.80.10 India 2921.42.15 tndla 0802.90.20 Pakistan 2921.42.21 India 0810.60.00 Thailand 2922.29.26 India 0813.40.10 Thailand 2924.29.36 India 0813.40.80 Thailand 2924.29.43 India 1102.90.30 India 2927.00.30 India 1103.19.14 India 2930.90.30 India 1701.91.54 India 2932.99.08 India 1702.90.52 Indonesia 2933.49.08 India 2001.90.45 India 2933.99.06 India 2004.90.10 Ecuador 3802.90.10 ·Brazil 2005.70.02 Egypt '3824.9Q.31 Brazil 2005.80.00 Thailand 3824.90.32 Brazil 2006.00.70 Thailand 3920.94.00 India 2008.99.50 Thailand 4101.20.70 Pakistan 2009.50.00 Turkey 4103.90.13 India 2306.50.00 Papua New Guinea 4104.11.30 India 2516.20.20 India 4106.21.90 India 2813.90.50 India 4106.22.00 Pakistan 2824.90.50 India 4107.11.40 India 2827.39.25 India 4107.11.60 Turkey 2827:39.45 India 4107.12.40 India 2828.10.00 India 4107.19.40 India 2831.90.00 India 4107.91.40 India 2833.29.40 Turkey 4107.92.40 India 2834.10.10 India 4107.99.40 Pakistan 2840.11.00 Turkey 4107.99.80 Brazil 2841.61.00 India 4113.10.60 Pakistan 2844.30.10 India 4202.22.35 India 2903.81.00 India 4302.20.60 Brazil 2904.10.08 India 4412.99.80 Brazil 2904.90.04 India 4601.22.40 Indonesia 2905.19.10 Brazil 4602.11.05 Thailand 2905.22.20 India 4602.12.05 Indonesia 2905.49.20 India 4602.19.05 India 2907.12.00 India 5208.31.20 India 2907.15.10 India 5208.52.10 Indonesia 2907.29.25 India 5209.41.30 India

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00077 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.071 44204 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents

5607.90.35 Philippines 5702.92.10 India 6116.99.35 Indonesia 6908.10.20 Indonesia 7011.20.10 Thailand 7113.20.25 India 7806.00.03 Venezuela 8112.12.00 Kazakhstan 8112.19.00 Kazakhstan 8406.10.10 India 8479.89.55 Thailand 8516.90.85 Turkey 8523.29.50 India 9010.90.40 India 9614.00.26 Egypt

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00078 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.072 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Presidential Documents 44205

ANNEX VU

HTS Subheadings and Countries Granted a Waiver of the Application of Section 503(c)(2)(A) of the 1974 Act

0804.10.60 Tunisia 2102.20.60 Brazil 2202.90.90 Thailand

[FR Doc. 2016–16174

Filed 7–5–16; 11:15 a.m.] Billing code 7020–02–C

VerDate Sep<11>2014 16:06 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00079 Fmt 4705 Sfmt 4790 E:\FR\FM\06JYD0.SGM 06JYD0 asabaliauskas on DSK3SPTVN1PROD with D0 ED06JY16.073 i

Reader Aids Federal Register Vol. 81, No. 129 Wednesday, July 6, 2016

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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. 232...... 43047 Presidential Documents 3 CFR Proposed Rules: Executive orders and proclamations 741–6000 Proclamations: 229...... 43130 The United States Government Manual 741–6000 9466...... 44127 230...... 43130 Other Services 6 CFR 240...... 43130 275...... 43530 Electronic and on-line services (voice) 741–6020 27...... 42987 Privacy Act Compilation 741–6064 18 CFR 741–6043 7 CFR Public Laws Update Service (numbers, dates, etc.) 250...... 43937 1590...... 43006 385...... 43937 1942...... 43927 ELECTRONIC RESEARCH Proposed Rules: 8 CFR 375...... 43557 World Wide Web 270...... 42987 388...... 43557 Full text of the daily Federal Register, CFR and other publications 274a...... 42987 19 CFR is located at: www.fdsys.gov. 280...... 42987 Proposed Rules: Federal Register information and research tools, including Public 9 CFR 149...... 43961 Inspection List, indexes, and Code of Federal Regulations are Proposed Rules: located at: www.ofr.gov. 20 CFR 94...... 43115 404...... 43048 E-mail 10 CFR 655...... 43430 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 2...... 43019 702...... 43430 an open e-mail service that provides subscribers with a digital 13...... 43019 725...... 43430 form of the Federal Register Table of Contents. The digital form 429...... 43404 726...... 43430 of the Federal Register Table of Contents includes HTML and 430...... 43404 21 CFR PDF links to the full text of each document. Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 20...... 43959 101...... 43061 Online mailing list archives, FEDREGTOC-L, Join or leave the list Proposed Rules: (or change settings); then follow the instructions. 12 CFR 1...... 43155 1005...... 43155 PENS (Public Law Electronic Notification Service) is an e-mail 19...... 43021 1271...... 43155 service that notifies subscribers of recently enacted laws. 109...... 43021 1209...... 43028 24 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1217...... 43031 and select Join or leave the list (or change settings); then follow 1250...... 43028 Proposed Rules: the instructions. Proposed Rules: 982...... 44100 FEDREGTOC-L and PENS are mailing lists only. We cannot 1232...... 43530 25 CFR respond to specific inquiries. 14 CFR 575...... 43941 Reference questions. Send questions and comments about the 1...... 43463 Federal Register system to: [email protected] 26 CFR 11...... 43463 The Federal Register staff cannot interpret specific documents or 13...... 43463 301...... 43488 regulations. 23...... 43469 Proposed Rules: CFR Checklist. Effective January 1, 2009, the CFR Checklist no 25...... 43471 1...... 43567 longer appears in the Federal Register. This information can be 39 ...... 43037, 43472, 43475, found online at http://bookstore.gpo.gov/. 43479, 43481, 43483 27 CFR 71...... 43038 16...... 43062 FEDERAL REGISTER PAGES AND DATE, JULY 121...... 43463 125...... 43463 28 CFR 42983–43462...... 1 135...... 43463 0...... 43065 43463–43926...... 5 382...... 43463 11...... 43942 43927–44206...... 6 406...... 43463 1214...... 43040 29 CFR Proposed Rules: 5...... 43430 39...... 43120, 43122 500...... 43430 71...... 43124 501...... 43430 503...... 42983 15 CFR 530...... 43430 Proposed Rules: 570...... 43430 801...... 43126 578...... 43430 579...... 43430 17 CFR 801...... 43430 201...... 43042 825...... 43430

VerDate Sep 11 2014 21:02 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\06JYCU.LOC 06JYCU asabaliauskas on DSK3SPTVN1PROD with FRONTMATTER ii Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Reader Aids

1902...... 43430 32 CFR 478...... 43790 219...... 43105 1903...... 43430 706...... 43077 484...... 43714 220...... 43105 2560...... 43430 221...... 43105 44 CFR 2575...... 43430 33 CFR 222...... 43105 2590...... 43430 27...... 42987 Proposed Rules: 223...... 43105 67...... 43568 30 CFR 100 ...... 43079, 43488, 43947 224...... 43105 117...... 43947 46 CFR 225...... 43105 100...... 43430 147...... 43947 550...... 43066 227...... 43105 165 ...... 43079, 43085, 43087, 1...... 43950 553...... 43066 228...... 43105 43089, 43947 10...... 43950 1202...... 43338 11...... 43950 229...... 43105 1206...... 43338 Proposed Rules: 230...... 43105 165...... 43178 12...... 43950 231...... 43105 31 CFR 13...... 43950 39 CFR 15...... 43950 232...... 43105 356...... 43069 233...... 43105 501...... 43071 Proposed Rules: 47 CFR 234...... 43105 535...... 43071 111...... 43965 1...... 43523 536...... 43071 235...... 43105 40 CFR 73...... 43101, 43955 537...... 43071 236...... 43105 538...... 43071 19...... 43091 Ch. I ...... 43956 237...... 43105 52 ...... 43096, 43490, 43894 238...... 43105 539...... 43071 48 CFR 541...... 43071 60...... 43950 239...... 43105 542...... 43071 Ch. I ...... 43492 538...... 43956 240...... 43105 543...... 43071 180...... 43097 552...... 43956 241...... 43105 544...... 43071 1065...... 43101 Proposed Rules: 242...... 43105 915...... 43971 546...... 43071 Proposed Rules: 243...... 43105 51...... 43180 934...... 43971 547...... 43071 244...... 43105 52...... 43180, 43568 942...... 43971 548...... 43071 272...... 43105 549...... 43071 944...... 43971 41 CFR 392...... 43957 560...... 43071 945...... 43971 561...... 43071 50–201...... 43430 952...... 43971 578...... 43524 566...... 43071 1503...... 42987 42 CFR 576...... 43071 49 CFR 588...... 43071 88...... 43510 209...... 43101, 43105 50 CFR 592...... 43071 Proposed Rules: 213...... 43105 593...... 43071 401...... 43790 214...... 43105 648...... 43957 594...... 43071 405...... 43790 215...... 43105 Proposed Rules: 595...... 43071 409...... 43714 216...... 43105 17...... 43972 597...... 43071 422...... 43790 217...... 43105 223...... 43979 598...... 43071 423...... 43790 218...... 43105 224...... 43979

VerDate Sep 11 2014 20:17 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\06JYCU.LOC 06JYCU asabaliauskas on DSK3SPTVN1PROD with FRONTMATTER Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Reader Aids iii

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 June 27, 2016 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

VerDate Sep 11 2014 20:17 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\06JYCU.LOC 06JYCU asabaliauskas on DSK3SPTVN1PROD with FRONTMATTER