Vol. 81 Tuesday, No. 216 November 8, 2016

Pages 78497–78700

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 81, No. 216

Tuesday, November 8, 2016

Agriculture Department Community Living Administration See Animal and Plant Health Inspection Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 78565 Evaluation of the State Health Insurance Assistance Performance Review Board Membership, 78565–78566 Program, 78601–78602 Senior Medicare Patrol Program National Beneficiary Animal and Plant Health Inspection Service Survey, 78599–78600 RULES Meetings: Viruses, Serums, Toxins, and Analogous Products: Administration on Intellectual and Developmental Packaging and Labeling; Technical Amendments, 78499– Disabilities, President’s Committee for People with 78500 Intellectual Disabilities, 78601 NOTICES Agency Information Collection Activities; Proposals, Consumer Product Safety Commission Submissions, and Approvals: NOTICES Importation of Fresh Citrus Fruit from Uruguay, Agency Information Collection Activities; Proposals, Including Citrus Hybrids and Fortunella spp., into Submissions, and Approvals: the Continental United States, 78566–78567 Publicly Available Consumer Product Safety Information Environmental Assessments; Availability, etc.: Database, 78570–78574 Biological Control of Giant Reed, 78567–78568 Copyright Office, Library of Congress Field Release of Genetically Engineered Diamondback NOTICES Moths; Withdrawal, 78567 Section 512 Study, 78636–78642

Army Department Defense Department NOTICES See Army Department Meetings: NOTICES Board of Visitors, United States Military Academy, Agency Information Collection Activities; Proposals, 78575–78576 Submissions, and Approvals: Performance Review Board Membership, 78574–78575 Preaward Survey Forms, 78594–78595 Privacy Training, 78595–78596 Manual for Courts-Martial; Supplementary Materials, Centers for Disease Control and Prevention 78576–78589 NOTICES Meetings: Education Department Compliance with the Federal Select Agent Program, NOTICES 78596–78597 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Centers for Medicare & Medicaid Services Foreign Schools Eligibility Criteria Apply to Participate NOTICES in Title IV HEA Programs, 78590 Agency Information Collection Activities; Proposals, Implementation of Title I and II–A Program Initiatives, Submissions, and Approvals, 78597 78589–78590 Environmental Protection Agency Children and Families Administration RULES NOTICES Air Quality State Implementation Plans; Approvals and Agency Information Collection Activities; Proposals, Promulgations: Submissions, and Approvals: Texas; Clean Air Act Redesignation Substitute for the Child and Family Services Plan, Annual Progress and Dallas-Fort Worth 1-hour Ozone and 1997 8-hour Services Review, and Annual Budget Expenses Ozone Nonattainment Areas, 78688–78691 Request and Estimated Expenditures, 78599 Texas; Clean Air Act Redesignation Substitute for the National Study of Title IV–E Child Welfare Waiver Houston-Galveston-Brazoria 1997 8-hour Ozone Demonstrations, 78598–78599 Nonattainment Area, 78691–78694 Pesticide Tolerances: Coast Guard Fluxapyroxad, 78509–78513 PROPOSED RULES RULES Air Quality State Implementation Plans; Approvals and Special Local Regulations: Promulgations: Saint Andrew Bay; Panama City, FL, 78507–78509 Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 Commerce Department National Ambient Air Quality Standards; Wyoming, See National Oceanic and Atmospheric Administration 78529–78539

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NOTICES Meetings: Adequacy Status of Motor Vehicle Emissions Budgets: Ninth Annual Sentinel Initiative, 78607–78608 Dallas-Fort Worth, TX; Attainment Demonstration, 8- Study Data Standardization Plan Template, 78602–78603 Hour Ozone Motor Vehicle Emission Budgets for Transportation Conformity Purposes, 78591 General Services Administration Meetings: NOTICES National Advisory Council for Environmental Policy and Agency Information Collection Activities; Proposals, Technology; Assumable Waters Subcommittee, Submissions, and Approvals: 78590–78591 Preaward Survey Forms, 78594–78595 Privacy Training, 78595–78596 Federal Aviation Administration NOTICES Gulf Coast Ecosystem Restoration Council Meetings: NOTICES RTCA Program Management Committee, 78683–78684 Senior Executive Service Performance Review Board Membership, 78596 Federal Communications Commission PROPOSED RULES Health and Human Services Department Emergency Alert System: See Centers for Disease Control and Prevention Wireless Emergency Alerts, 78539–78560 See Centers for Medicare & Medicaid Services NOTICES See Children and Families Administration Agency Information Collection Activities; Proposals, See Community Living Administration Submissions, and Approvals, 78591–78593 See Food and Drug Administration See Health Resources and Services Administration Federal Highway Administration See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Meetings: Administration Tribal Transportation Self-Governance Program, 78684 Health Resources and Services Administration Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, NOTICES Changes in Bank Control: Submissions, and Approvals: Acquisitions of Shares of a Bank or Bank Holding Advanced Education Nursing Traineeship Program Company, 78593 Specific Data Collection Forms, 78608–78609 Homeland Security Department Fish and Wildlife Service See Coast Guard PROPOSED RULES See Transportation Security Administration Co-Management of Subsistence Use of Polar Bears by See U.S. Customs and Border Protection Alaska Natives: NOTICES Conservation of the Alaska-Chukotka Polar Bear Privacy Act; Systems of Records, 78614–78623 Population, 78560–78564 NOTICES Institute of Museum and Library Services Applications: NOTICES Draft Safe Harbor Agreement and Enhancement of Agency Information Collection Activities; Proposals, Survival Permit for the Kamehameha Schools; Submissions, and Approvals: Keauhou and Kilauea Forest Lands, Hawaii Island, Community Catalyst: The Role of Libraries and Museums HI, 78624–78628 in Community Transformation; A National Leadership Grants Special Initiative, 78642–78643 Food and Drug Administration RULES Interior Department Citizen Petitions, Petitions for Stay of Action, and See Fish and Wildlife Service Submission of Documents to Dockets, 78500–78507 See Land Management Bureau PROPOSED RULES See National Park Service Food Additive Petitions: Novus International, Inc., 78528–78529 International Trade Commission Guidance: NOTICES Questions and Answers Regarding Food Facility Antidumping or Countervailing Duty Investigations, Orders, Registration, 78526–78528 or Reviews: NOTICES Frozen Warmwater Shrimp from Brazil, China, India, Determinations that Products Were Not Withdrawn from Thailand, and Vietnam, 78632–78634 Sale for Reasons of Safety or Effectiveness: Investigations; Determinations, Modifications, and Rulings, CALAN SR (Verapamil Hydrochloride) Extended-Release etc.: Oral Tablet, 180 Milligrams, 78606–78607 Ammonium Sulfate from China; Final Phase Scheduling, Guidance for Industry: 78631–78632 Non-Inferiority Clinical Trials to Establish Effectiveness, Certain Food Supplements and Vitamins, Including 78605–78606 Ocular Antioxidants and Components Thereof and Guidance: Products Containing the Same, 78634–78635 Medical Device Reporting for Manufacturers, 78603– Certain Height-Adjustable Desk Platforms and 78605 Components Thereof, 78632

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Certain Quartz Slabs and Portions Thereof, 78634 Nuclear Regulatory Commission NOTICES Justice Department Applications and Amendments Involving Proposed No NOTICES Significant Hazards Considerations, etc., 78661–78670 Agency Information Collection Activities; Proposals, Combined Licenses and Record of Decision; Issuance: Submissions, and Approvals: Duke Energy Florida, LLC; Levy Nuclear Plant Units 1 Domestic Violence and Housing Technical Assistance and 2, 78658–78659 Consortium Safe Housing Needs Assessment, 78635– Facility Operating and Combined Licenses: 78636 Applications and Amendments Involving No Significant Hazards Considerations; Biweekly Notice, 78643– Land Management Bureau 78658 NOTICES Guidance: Realty Actions: Statistical Terminology and Notation for Special Nuclear Classification of Lands for Recreation and Public Materials Control and Accountability; Withdrawal, Purposes Act Lease for the Vulture Mountains 78670–78671 Cooperative Recreation Management Area in License Renewals: Maricopa County, AZ, 78628–78629 Purdue University; Purdue University Research Reactor, 78659–78661 Library of Congress See Copyright Office, Library of Congress Overseas Private Investment Corporation National Aeronautics and Space Administration NOTICES Meetings; Sunshine Act, 78671 NOTICES Agency Information Collection Activities; Proposals, Peace Corps Submissions, and Approvals: NOTICES Preaward Survey Forms, 78594–78595 Agency Information Collection Activities; Proposals, Privacy Training, 78595–78596 Submissions, and Approvals; Correction, 78671 National Archives and Records Administration Personnel Management Office NOTICES George W. Bush Presidential Library; Disposal of RULES Presidential Records, 78642 Career and Career-Conditional Employment, 78497–78499 NOTICES National Foundation on the Arts and the Humanities Agency Information Collection Activities; Proposals, See Institute of Museum and Library Services Submissions, and Approvals: Death Benefit Payment Rollover Election, 78671–78672 National Institutes of Health NOTICES Pipeline and Hazardous Materials Safety Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Requests for Nominations: National Cancer Institute Genomic Data Commons Data Voluntary Information-Sharing System Working Group, Submission Request Form, 78609–78610 78684–78685 Meetings: National Human Genome Research Institute, 78610 Postal Service NOTICES National Oceanic and Atmospheric Administration Product Changes: PROPOSED RULES First-Class Package Service Negotiated Service Changes to the Coastal Zone Management Act Program Agreement, 78672 Change Procedures, 78514–78526 Priority Mail Negotiated Service Agreement, 78672 NOTICES Requests for Nominations: Presidential Documents Atlantic Highly Migratory Species; Advisory Panel, EXECUTIVE ORDERS 78568–78570 Committees; Establishment, Renewal, Termination, etc.: Power Africa Working Group, President’s; Establishment National Park Service (EO 13746), 78695–78700 NOTICES Agency Information Collection Activities; Proposals, Securities and Exchange Commission Submissions, and Approvals: NOTICES Visitor Perceptions of Climate Change in National Parks, Meetings; Sunshine Act, 78678 78629–78630 Self-Regulatory Organizations; Proposed Rule Changes: Concession Contracts: Bats BZX Exchange, Inc., 78673–78675 Fire Island National Seashore, 78630 ICE Clear Credit, LLC, 78677–78678 Sole-Source Concession Contracts: NASDAQ PHLX, LLC, 78675–78677 Lake Mead National Recreation Area, 78630–78631 Small Business Administration National Science Foundation NOTICES NOTICES Disaster Declarations: Meetings: Florida; Amendment 3, 78679 Astronomy and Astrophysics Advisory Committee, 78643 Georgia; Amendment 1, 78680

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Iowa, 78679 U.S. Customs and Border Protection North Carolina; Amendment 10, 78679 NOTICES Wisconsin, 78679–78680 Commercial Gaugers and Laboratories; Accreditations and Approvals: Social Security Administration Inspectorate America Corp., 78613 NOTICES King Laboratories, Inc., 78613–78614 Privacy Act; Computer Matching Program, 78680–78682 Veterans Affairs Department Substance Abuse and Mental Health Services NOTICES Administration Agency Information Collection Activities; Proposals, Submissions, and Approvals: NOTICES Application for Supplemental Service Disabled Veterans Agency Information Collection Activities; Proposals, Insurance, 78685–78686 Submissions, and Approvals, 78610–78613 Meetings: National Academic Affiliations Council, 78686 Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Separate Parts In This Issue Submissions, and Approvals: Class I Railroad Annual Report, 78682 Part II Environmental Protection Agency, 78688–78694 Tennessee Valley Authority NOTICES Part III Meetings; Sunshine Act, 78682–78683 Presidential Documents, 78695–78700 Transportation Department See Federal Aviation Administration See Federal Highway Administration Reader Aids See Pipeline and Hazardous Materials Safety Consult the Reader Aids section at the end of this issue for Administration phone numbers, online resources, finding aids, and notice of recently enacted public laws. Transportation Security Administration To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Agency Information Collection Activities; Proposals, accounts/USGPOOFR/subscriber/new, enter your e-mail Submissions, and Approvals: address, then follow the instructions to join, leave, or Certification of Identity Form, 78623–78624 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 13746...... 78697 5 CFR 315...... 78497 9 CFR 112...... 78499 15 CFR Proposed Rules: 923...... 78514 21 CFR 10...... 78500 Proposed Rules: 1...... 78526 573...... 78528 33 CFR 100...... 78507 40 CFR 52 (2 documents) ...... 78688, 78691 81 (2 documents) ...... 78688, 78691 180...... 78509 Proposed Rules: 52...... 78529 47 CFR Proposed Rules: 10...... 78539 11...... 78539 50 CFR Proposed Rules: 18...... 78560

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Rules and Regulations Federal Register Vol. 81, No. 216

Tuesday, November 8, 2016

This section of the FEDERAL REGISTER creditable service as described in Readers can find a list of qualifying contains regulatory documents having general section 315.201(b). Each period of excepted service appointments in 5 CFR applicability and legal effect, most of which creditable service would stand alone. 315.201(b). are keyed to and codified in the Code of Once the employee accumulates 3 years One commenter asked that OPM Federal Regulations, which is published under of creditable service, he/she would be consider similar rules for purposes of 50 titles pursuant to 44 U.S.C. 1510. converted to career tenure. This change annual leave accrual. OPM is not The Code of Federal Regulations is sold by also removes the basis for the 30-day adopting this suggestion because it is the Superintendent of Documents. Prices of break-in-service rule. Because each the beyond the scope of the proposed new books are listed in the first FEDERAL period of creditable service would stand rule. REGISTER issue of each week. alone, breaks in service are now The professional organization irrelevant. provided a comment pertaining to This final rule also makes conforming suicide prevention, which was beyond OFFICE OF PERSONNEL changes to section 315.201(b) and the scope of the proposed rule. MANAGEMENT removes references to outdated and OPM is adopting the proposed rule as obsolete appointing authorities. final without any changes. 5 CFR Part 315 Comments E.O. 12866, Regulatory Review RIN 3206–AM64 OPM received 12 sets of comments in This rule has been reviewed by the Career and Career-Conditional response to the proposed rule. Eleven Office of Management and Budget in Employment individuals and one professional accordance with E.O. 12866. organization provided comments. All 11 AGENCY: U.S. Office of Personnel individuals supported the proposed Regulatory Flexibility Act Management. changes. A discussion of the comments I certify that these regulations would ACTION: Final rule. follows. not have a significant economic impact One individual suggested the final on a substantial number of small entities SUMMARY: The U.S. Office of Personnel rule apply to term appointments. OPM because they would apply only to Management (OPM) is issuing a final is not adopting this suggestion because Federal agencies and employees. rule on creditable service for career term appointments are not career or tenure. The final regulation removes the career-conditional appointments and Paperwork Reduction Act requirement for creditable service to be thus do not count towards career tenure. The information collection substantially continuous and instead However, creditable service for these requirements contained in this proposed allows an individual to attain career purposes may include service on certain rule are currently approved by the tenure after completing at least 3 years overseas limited term appointments Office of Management and Budget under of total creditable service. under 5 CFR part 301, in accordance 3206–A120. This regulation does not DATES: Effective December 8, 2016. with section 315.201(b)(1)(i), and modify this approved collection. certain term appointments served in FOR FURTHER INFORMATION CONTACT: accordance with 315.201(b)(3)(iv). List of Subjects in 5 CFR Part 315 Cathy Thornton by telephone at (202) Another individual asked how this Government employees. 418–4321; by TTY at (202) 418–3134; by rule will impact persons employed as fax at (202) 606–4430; or by email to overseas family members. For these U.S. Office of Personnel Management. [email protected]. purposes creditable service may begin, Beth F. Cobert, SUPPLEMENTARY INFORMATION: On but not end, with an overseas limited Acting Director. January 6, 2014, the Office of Personnel appointment of indefinite duration or an Accordingly, OPM amends 5 CFR part Management (OPM) proposed overseas limited term appointment 315 as follows: regulations at 79 FR 610 to revise part under 5 CFR part 301 in accordance 315, title 5, Code of Federal Regulations with § 315.201(b)(1)(i). PART 315—CAREER AND CAREER- (CFR), to change the criteria for career Another commenter suggested that CONDITIONAL EMPLOYMENT tenure in the Federal competitive the final rule allow time under excepted service. The current regulations require service appointments to count as ■ 1. The authority citation for part 315 an employee to serve a 3-year period of creditable service towards the continues to read as follows: substantially continuous creditable attainment of career tenure. OPM is not Authority: 5 U.S.C. 1302, 3301, and 3302; service to attain career tenure. With adopting this suggestion. Generally E.O. 10577, 3 CFR, 1954–1958 Comp. p. 218, certain exceptions, the current speaking, career tenure is acquired unless otherwise noted; and E.O. 13562. regulations also require a career- through service on a permanent Secs. 315.601 and 315.609 also issued under conditional employee who separates appointment in the competitive service 22 U.S.C. 3651 and 3652. Secs. 315.602 and from Federal service to restart the 3-year that provides or leads to competitive 315.604 also issued under 5 U.S.C. 1104. Sec. period if there is a break in service of status. Excepted service appointments, 315.603 also issued under 5 U.S.C. 8151. Sec. more than 30 days. in general, do not lead to or provide 315.605 also issued under E.O. 12034, 3 CFR, 1978 Comp. p. 111. Sec. 315.606 also issued This final rule removes ‘‘substantially competitive status. However, for these under E.O. 11219, 3 CFR, 1964–1965 Comp. continuous’’ from the requirement for purposes creditable service may begin p. 303. Sec. 315.607 also issued under 22 career tenure. Under this final rule, an with an excepted service appointment U.S.C. 2506. Sec. 315.608 also issued under individual may attain career tenure after that leads to non-competitive E.O. 12721, 3 CFR, 1990 Comp. p. 293. Sec. completing at least 3 years of total conversion to the competitive service. 315.610 also issued under 5 U.S.C. 3304(c).

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Sec. 315.611 also issued under 5 U.S.C. or under the Department of Defense or Executive Order 13318, provided the 3304(f). Sec. 315.612 also issued under E.O. in or under the U.S. Coast Guard, employee’s appointment was converted 13473. Sec. 315.710 also issued under E.O. Department of Homeland Security, without a break in service to a career or 12596, 3 CFR, 1987 Comp. p. 229. Subpart I provided the employee’s NAF position career-conditional appointment under also issued under 5 U.S.C. 3321, E.O. 12107, was brought into the competitive service § 315.708 as in effect immediately 3 CFR, 1978 Comp. p. 264. and, on that basis, the employee before July 10, 2012, the effective date ■ 2. In § 315.201, revise paragraphs (a) acquired competitive status or was of the regulations that removed and and (b) to read as follows: converted to a career or career- reserved that section, or under § 315.201 Service requirement for career conditional appointment; Executive Order 13562; tenure. (iv) Nontemporary excepted or (xi) The starting date of active service nonappropriated fund appointment, as an administrative enrollee in the (a) Service requirement. A person Foreign Service appointment, or United States Merchant Marine employed in the competitive service for appointment in the Canal Zone Merit Academy; other than temporary, term, or indefinite System, provided the employee is (xii) Appointment as a career intern employment is appointed as a career or appointed to a competitive service under Schedule B, § 213.3202(o) of this career-conditional employee subject to position under the terms of an chapter, provided the employee’s the probationary period required by interchange agreement with another appointment was converted to a career subpart H of this part. Except as merit system under § 6.7 of this chapter, or career-conditional appointment provided in paragraph (c) of this under Executive Order 11219 as under § 315.712 as in effect immediately section, an employee must serve at least amended by Executive Order 12292, or before July 10, 2012, the effective date 3 years of creditable service as defined under Executive Order 11171; of the regulations that removed and in paragraph (b) of this section to (v) The date of appointment to a reserved that section; become a career employee. position on the White House Staff or in (xiii) The date of appointment as a (b) Creditable service. Unless the immediate office of the President or Pathways Participant in the Internship otherwise approved by OPM, the service Vice President, provided the service has Program under Schedule D, required for career tenure must include been continuous and the individual was § 213.3402(a) of this chapter, provided service as described in paragraph (b)(1) appointed to a competitive service the employee’s appointment is of this section and total at least 3 years. position under § 315.602 of this chapter; converted to a career or career- (1) Nontemporary employment. To be (vi) The date of nontemporary conditional appointment under creditable, the 3 years of service must excepted appointment under § 315.713(a), with or without an begin with one of the following: § 213.3202(b) of this chapter (the former intervening term appointment, and (i) Nontemporary appointment in the Student Career Experience Program) as without a break in service of one day; competitive service: For this purpose, in effect immediately before July 10, (xiv) The date of appointment as a nontemporary appointment includes a 2012, the effective date of the Pathways Participant in the Recent career-conditional appointment. The 3 regulations removing that paragraph, Graduates Program under Schedule D, years may also begin, but not end, with provided the student’s appointment was § 213.3402(b) of this chapter, provided status quo employment under subpart G converted to a career or career- the employee’s appointment is of part 316 of this chapter, an overseas conditional appointment under converted to a career or career- limited appointment of indefinite Executive Order 12015 or under conditional appointment under duration, or an overseas limited term Executive Order 13562, with or without § 315.713(b), with or without an appointment under part 301 of this an intervening term appointment, and intervening term appointment, and chapter. The 3 years also may have without a break in service of one day; without a break in service of one day; begun with permanent employment (vii) The date of veterans recruitment (xv) The date of appointment as a under now obsolete appointing appointment (VRA), provided the Pathways Participant in the Presidential authorities such as probational, war appointment is converted to a career or Management Fellows Program under service indefinite, emergency indefinite, career-conditional appointment under Schedule D, § 213.3402(c) of this nontemporary appointment from a civil § 315.705 of this chapter, or the person chapter, provided the employee’s service register to a position in the is appointed from a civil service register appointment is converted to a career or excepted service before January 23, without a break in service while serving career-conditional appointment under 1955, temporary appointment pending under a VRA; § 315.713(c), with or without an establishment of a register (also known (viii) The date of nontemporary intervening term appointment, and as TAPER authority), nontemporary appointment to the Postal Career without a break in service of one day; appointment to a position in the District Service or the Postal Regulatory and of Columbia Government before January Commission after July 1, 1971, provided (xvi) Employment with the District of 23, 1955, and appointment based on the individual is appointed to a career Columbia Government after January 1, Public Law 83–121. Determinations of or career-conditional appointment 1980 (the date the District implemented whether an obsolete authority provides under 39 U.S.C. 1006; an independent merit personnel system the basis for creditable service may be (ix) The date of nontemporary not tied to the Federal system), provided obtained from OPM; appointment under Schedule A, the person was a District employee on (ii) Nontemporary appointment to an § 213.3102(u) of this chapter, of a person December 31, 1979, was converted to excepted position, provided the with an intellectual disability, severe the District system on January 1, 1980, employee’s excepted position was physical disability, or a psychiatric and is employed by nontemporary brought into the competitive service disability, provided the employee’s appointment in the competitive service. and, on that basis, the employee appointment is converted to a career or (2) Competitive status. An individual acquired competitive status or was career-conditional appointment under may attain career tenure only when converted to a career-conditional § 315.709; employed (or reemployed) in a appointment; (x) The date of appointment in the permanent appointment in the (iii) Nontemporary appointment to a Presidential Management Fellows competitive service that provides or nonappropriated fund (NAF) position in Program under the provisions of leads to competitive status.

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(3) Crediting service. An employee’s (F) Credit up to 30 calendar days for credit is also given for service between creditable service must total at least 3 time off the rolls that follow involuntary January 1, 1980, and September 25, years, under the following conditions: separation without personal cause of 1980. Otherwise, service in the District (i) Work schedule. (A) Full-time employees who are eligible for a of Columbia Government on or after service, and part-time service on or after noncompetitive appointment based on January 1, 1980, is not creditable as July 1, 1962, are counted as calendar an interchange agreement with another intervening service; and time from the date of appointment to merit system under § 6.7 of this chapter, (H) Performed overseas by family date of separation. provided the person is employed in the members, as defined by § 315.608 of this (B) Intermittent service on or after competitive service under the agreement chapter. July 1, 1962, is counted as 1 day for during the period of his or her * * * * * each day an employee is in pay status, eligibility. [FR Doc. 2016–26888 Filed 11–7–16; 8:45 am] regardless of the number of hours for (G) Credit periods of nonpay status BILLING CODE 6325–39–P which the employee is actually paid on incident to an assignment to a State, a given day. Agencies should consult local, or Indian tribal government, the ‘‘260-Day Work Year Chart’’ in institution of higher education, or other DEPARTMENT OF AGRICULTURE OPM’s Guide to Processing Personnel eligible organization provided the Actions to convert intermittent days employee returns to a creditable Animal and Plant Health Inspection worked to calendar time. The service appointment pursuant to an agreement Service requirement may not be satisfied in less established under subchapter VI of than 3 years of calendar time. chapter 33, title 5, U.S.C., and part 334 9 CFR Part 112 (ii) Nonpay status on the rolls and of this chapter. time off the rolls. An agency may not (iii) Restoration based on [Docket No. APHIS–2008–0008] credit periods of nonpay status and time unwarranted or improper actions. Based RIN 0579–AD19 off the rolls except as follows: on a finding made on or after March 30, (A) Credit the first 30 calendar days 1966, that a furlough, suspension, or Viruses, Serums, Toxins, and of each period of nonpay status on the separation was unwarranted or Analogous Products; Packaging and rolls during full-time employment, or improper, an employee restored to duty Labeling during part-time employment on or after receives full calendar time credit for the AGENCY: Animal and Plant Health July 1, 1962. On this same basis, a period of furlough, suspension, or Inspection Service, USDA. seasonal employee receives credit for separation for which he or she is eligible the first 30 calendar days of each period to receive back pay. If the employee is ACTION: Final rule; technical of nonduty/nonpay status. Nonpay restored to duty at a date later than the amendment. status in excess of 30 days is not original adverse action, credit for SUMMARY: In a final rule published in creditable. intervening periods of nonpay status is (B) Credit periods of nonpay status the Federal Register on August 30, given in accordance with other 2016, and effective on October 31, 2016, and time off the rolls incident to entry provisions of this subsection. If the into and return from military service we amended the Virus-Serum-Toxin Act employee had been properly separated regulations to make veterinary biologics and return from defense transfer, from the rolls of the agency before a provided the person is reemployed in labeling requirements more consistent finding was made that the adverse with current science and veterinary Federal service during the period of his action was unwarranted or improper, or her statutory or regulatory restoration practice. However, we inadvertently the correction and additional service removed a requirement for an or reemployment rights. credit given the employee may not (C) Credit periods of nonpay status indications statement that should extend beyond the date of the proper and time off the rolls incident to transfer appear on final container labels, carton separation. to and return from an international labels, and enclosures. This document (iv) Intervening service. Certain types corrects that error. organization, provided the person is of service that ordinarily are not DATES: reemployed in Federal service under creditable are counted when they Effective November 8, 2016. subpart C of part 352 of this chapter. intervene between two periods of FOR FURTHER INFORMATION CONTACT: Dr. (D) Credit periods of nonpay status creditable service. Under these Donna Malloy, Operational Support during which an employee was eligible conditions, credit each period of Section, Center for Veterinary Biologics, to receive continuation of pay or injury service: Policy, Evaluation, and Licensing, VS, compensation from the Office of (A) In the excepted service of the APHIS, 4700 River Road, Unit 148, Workers’ Compensation Programs. Also Federal executive branch, including Riverdale, MD 20737; (301) 851–2352. credit periods of time off the rolls employment in nonappropriated fund SUPPLEMENTARY INFORMATION: In a final during which an employee was eligible positions in or under any Federal rule 1 that was published in the Federal to receive injury compensation from the agency; Register on August 30, 2016 (81 FR Office of Workers’ Compensation (B) Under temporary, term, or other 59427, Docket No. APHIS–2008–0008), Programs, provided the person is nonpermanent employment in the and effective on October 31, 2016, we reemployed under part 353 of this Federal competitive service; amended the Virus-Serum-Toxin Act chapter. (C) In the Senior Executive Service; regulations to make veterinary biologics (E) Credit up to 30 calendar days for (D) In the Federal legislative branch; labeling requirements more consistent time off the rolls that follows separation (E) In the Federal judicial branch; with current science and veterinary by reduction in force of employees who (F) In the armed forces; practice. Among other things, in 9 CFR are eligible for entry on the (G) In the District of Columbia part 112, we amended § 112.2(a)(5) to reemployment priority list under Government through December 31, clarify that ‘‘full instructions for the subpart B of part 330 of this chapter, 1979. For an employee on the District rolls on December 31, 1979, who provided the person is reemployed in 1 To view the final rule and supporting Federal service during the period of his converted on January 1, 1980, to the documents, go to http://www.regulations.gov/ or her reemployment priority. District independent personnel system, #!docketDetail;D=APHIS-2008-0008.

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proper use of the product’’ refers to DEPARTMENT OF HEALTH AND III. Comments on the Proposed Rule and FDA vaccination schedules, revaccination HUMAN SERVICES Responses schedules (if necessary), indications for A. Introduction Food and Drug Administration B. Scope of the Proposed Rule (§ 10.31) use, target species, recommended age C. Certification and Verification for vaccination, vaccination route(s), Requirements and product license restrictions 21 CFR Part 10 D. Nonretroactivity of the Rule prescribed by the Animal and Plant [Docket No. FDA–2011–N–0697] E. Additional Comments Health Inspection Service that have a IV. Legal Authority RIN 0910–AG26 V. Analysis of Environmental Impact bearing on product use. However, when VI. Economic Analysis of Impacts we made that change, we inadvertently Amendments to Regulations on Citizen A. Introduction and Summary removed a requirement for an Petitions, Petitions for Stay of Action, B. Summary of Final Regulatory Impacts indications statement to appear on final and Submission of Documents to Analysis container labels, carton labels, and Dockets VII. Paperwork Reduction Act of 1995 enclosures. Therefore, we are amending VIII. Federalism AGENCY: Food and Drug Administration, IX. References § 112.2(a) to re-establish the HHS. requirement for an indications Executive Summary ACTION: Final rule. statement. Purpose of the Rule SUMMARY: The Food and Drug List of Subjects in 9 CFR Part 112 Administration (FDA, the Agency, or This rule establishes new regulations we) is amending certain regulations implementing section 505(q) of the Animal biologics, Exports, Imports, FD&C Act (21 U.S.C. 355(q)) as enacted Labeling, packaging and containers, relating to citizen petitions, petitions for stay of action (PSAs), and the by FDAAA (Pub. L. 110–85) and Reporting and recordkeeping amended by FDASIA (Pub. L. 112–144). requirements. submission of documents to the Agency. In particular, the final rule establishes Section 505(q) of the FD&C Act governs Accordingly, we are amending 9 CFR new regulations to implement certain the manner in which FDA handles part 112 as follows: provisions of the Federal Food, Drug, certain citizen petitions and PSAs that and Cosmetic Act (the FD&C Act), ask the Agency to take any form of PART 112—PACKAGING AND which concern certain citizen petitions action related to an ANDA, a 505(b)(2) LABELING and PSAs that involve a request for FDA application, or an application submitted to take any form of action relating to a under section 351(k) of the PHS Act ■ 1. The authority citation for part 112 pending abbreviated new drug (351(k) application) (42 U.S.C. 262(k)). continues to read as follows: application (ANDA), 505(b)(2) Section 505(q) of the FD&C Act specifies application, or certain applications that FDA must not delay approval of a Authority: 21 U.S.C. 151–159; 7 CFR 2.22, submitted under the Public Health pending application because of any 2.80, and 371.4. Service Act (PHS Act). We are making request to take any form of action ■ 2. Section 112.2 is amended by adding these changes to implement provisions relating to the application, unless the paragraph (a)(12) to read as follows: of the Food and Drug Administration request is in writing and in a citizen Amendments Act of 2007 (FDAAA) and petition or a PSA, and the Agency § 112.2 Final container label, carton label, the Food and Drug Administration determines, upon reviewing the and enclosure. Safety and Innovation Act (FDASIA). petition, that a delay is necessary to protect the public health. Section 505(q) (a) * * * DATES: This rule is effective January 9, 2017. of the FD&C Act also requires that all (12) An indications statement to read, submitters of a petition (or PSA) include ADDRESSES: For access to the docket to ‘‘This product has been shown to be read background documents or with their submission a verbatim effective for the vaccination of healthy comments received, go to http:// certification statement specifying the (insert name of species) __ weeks of age date on which the information relied on __ www.regulations.gov and insert the or older against .’’ Provided, That in docket number (FDA–2011–N–0697) in the petition first became known. the case of very small final container into the ‘‘Search’’ box and follow the Similarly, section 505(q) of the FD&C labels or carton, a statement as to where prompts and/or go to the Division of Act requires that the submitters of a such information is to be found, such as Dockets Management, 5630 Fishers supplement or a comment to a petition ‘‘See enclosure for complete directions,’’ Lane, Rm. 1061, Rockville, MD 20852. include with their submission a verbatim verification statement ‘‘Full directions on carton,’’ or FOR FURTHER INFORMATION CONTACT: comparable statement. specifying the date on which the Darren Eicken, Center for Drug information relied on in their * * * * * Evaluation and Research, Food and submission first became known. By Drug Administration, 10903 New Done in Washington, DC, this 2nd day of enacting section 505(q) of the FD&C Act, Hampshire Ave., Bldg. 51, Rm. 6206, November 2016. Congress indicated a desire to ensure Silver Spring, MD, 20993–0002, 240– Kevin Shea, that petitions not be used to improperly 402–0978. delay approval of ANDAs, 505(b)(2) Administrator, Animal and Plant Health SUPPLEMENTARY INFORMATION: Inspection Service. applications, or 351(k) applications. [FR Doc. 2016–26936 Filed 11–7–16; 8:45 am] Table of Contents This rule clarifies the requirements of section 505(q) of the FD&C Act. BILLING CODE 3410–34–P Executive Summary I. Background Summary of the Major Provisions of the II. Overview of the Final Rule, Including Rule Significant Changes to the Proposed Rule A. Overview This rule amends FDA’s regulations B. Significant Changes to the Proposed on general administrative procedures in Rule part 10 (21 CFR part 10).

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In § 10.31, paragraph (a) states that effort preparing certifications for application. However, when petitions § 10.31 applies to all citizen petitions petitions and verifications for both are submitted late in the review process and PSAs that request that the Agency responses to petitions and supplements for challenged applications and do not take any action that could, if taken, to petitions ($1,700). raise valid scientific and/or legal issues, delay approval of an ANDA, a 505(b)(2) By providing additional clarity on the they may have the effect of improperly application, or a 351(k) application (i.e., statutory requirements, we expect the delaying the approval of an application. petitions and PSAs that are or may be rule will slightly reduce the number of By enacting section 505(q) of the FD&C subject to section 505(q) of the FD&C deficient 505(q) petitions, leading to Act, Congress indicated a desire to Act). Section 10.31(b) clarifies that the lower administrative costs for both ensure that petitions not be used to date of submission for petitions industry and FDA. improperly delay approval of ANDAs, submitted under § 10.31 is the date on I. Background 505(b)(2) applications, or 351(k) which the petition is received by FDA’s applications. Division of Dockets Management. In the Federal Register of January 3, Scope of section 505(q) of the FD&C The rule also codifies the certification 2012 (77 FR 25), FDA issued a proposed Act: FDAAA was enacted on September and verification requirements of section rule to amend certain regulations 27, 2007. Section 914 of Title IX of 505(q) of the FD&C Act. Section 10.31(c) relating to citizen petitions, PSAs, and FDAAA added section 505(q) to the clarifies that the Agency will consider a the submission of documents to the FD&C Act. Section 505(q) of the FD&C certification deficient if every word in Agency, to implement provisions of Act was subsequently amended by the petitioner’s certification does not section 505(q) of the FD&C Act. Section FDASIA on July 9, 2012. match every word of the certification 505(q) of the FD&C Act governs certain Section 505(q)(1)(A) of the FD&C Act provided in section 505(q)(1)(H) of the citizen petitions and PSAs (collectively specifies that FDA must not delay FD&C Act. Likewise, § 10.31(d) clarifies referred to as petitions) that ask FDA to approval of a pending ANDA, a that the Agency will consider the take any form of action that could, if 505(b)(2) application, or a 351(k) verification deficient if every word in taken, delay approval of a pending application because of any request to the petitioner’s or commenter’s application submitted under section take any form of action relating to the verification does not match every word 505(b)(2) or (j) of the FD&C Act or a application, unless the request is in of the verification provided in section pending application for licensure of a writing and in a citizen petition 505(q)(1)(I) of the FD&C Act. However, biological product as a biosimilar or submitted under § 10.30 or a PSA because we believe section 505(q)(1)(I) interchangeable product that is submitted under § 10.35, and the of the FD&C Act contains a technical submitted under section 351(k) of the Agency determines, upon reviewing the error when it specifies the word PHS Act. An application submitted petition, that a delay is necessary to ‘‘petition’’ in the last sentence of the under section 505(b)(2) of the FD&C Act protect the public health. In section verification, we will accept either the is a type of new drug application (NDA) 505(q)(5) of the FD&C Act the term word ‘‘petition’’ or ‘‘document’’ in the described in that subsection and is application is defined as an application last sentence of the petitioner’s or referred to in this document as a submitted under section 505(b)(2) or commenter’s verification. ‘‘505(b)(2) application.’’ An application 505(j) of the FD&C Act or 351(k) of the The rule also amends §§ 10.30 and submitted under section 505(j) of the PHS Act and the term petition is defined 10.35. Section 10.30(e)(5) states that FD&C Act is an ANDA seeking approval as a request defined in section FDA intends to respond to a petition for a generic drug product. An 505(q)(1)(A)(i). subject to section 505(q) of the FD&C application submitted under section Section 505(q)(1)(B) of the FD&C Act Act within 150 days after the date on 351(k) of the PHS Act is referred to in states in this context that if FDA which the petition is received. This this document as a ‘‘351(k) application.’’ determines that a delay of approval of amendment incorporates a statutory Over the years, FDA has received an ANDA, a 505(b)(2) application, or a change enacted by FDASIA. In addition, numerous petitions asking the Agency 351(k) application is necessary to § 10.35(i) clarifies that a petitioner not to approve a particular ANDA or protect the public health, FDA is requesting a stay of action may 505(b)(2) application (or classes of these required to provide to the applicant not supplement, amend, or withdraw a PSA, applications concerning a particular later than 30 days after making the similar to the provision for citizen drug product or active ingredient) determination (1) notification that the petitions in current § 10.30(g). Finally, unless certain criteria set forth in the determination has been made; (2) if §§ 10.30(e)(3) and 10.35(e) are amended petition are met. In many cases, the applicable, any clarification or to reflect that the Commissioner of Food petitions have raised scientific and/or additional data that the applicant and Drugs (the Commissioner) may legal issues relating to the standards for should submit to the petition docket to dismiss a petition if changes in law, approval of an application. Examples allow FDA to review the petition facts, or circumstances since the date on include petitions suggesting a particular promptly; and (3) a brief summary of the which the petition was submitted method for demonstrating the specific substantive issues raised in the render the petition moot. bioequivalence of a proposed generic petition that form the basis of FDA’s product to the reference listed drug determination. At FDA’s discretion, the Costs and Benefits (RLD) and petitions maintaining that a information is to be conveyed either in We estimate one-time costs to proposed generic product does not writing or in a meeting with the industry from this rule at about contain the same active ingredient as applicant. The information conveyed in $613,800. We estimate annual costs at the RLD. When submitted early, such as the notification is to be considered part about $1,700. These costs equate to an when we are making decisions about the of the application and is subject to the estimated total annualized cost of about bioequivalence requirements for a disclosure requirements applicable to $89,100 at a 7 percent discount rate over generic drug product or before we have information in the application. 10 years and about $73,700 at a 3 received the first ANDA, 505(b)(2) Section 505(q)(1)(F) of the FD&C Act percent discount rate over 10 years. The application, or 351(k) application for a governs the timeframe for final Agency total annualized costs include the drug or biological product, a petition action on a petition. Under this administrative cost to review the rule may contain information that can provision, FDA must take final Agency ($87,400) plus the cost for the additional contribute towards our evaluation of an action on a petition not later than 150

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days after the date on which the petition FDA also is making editorial and • Adds § 10.30(e)(5) to incorporate a is submitted. The 150-day period is not organizational changes to clarify statutory change enacted by FDASIA. to be extended for any reason, including provisions. The final rule amends part New § 10.30(e)(5) states that FDA any determination made under section 10 of FDA regulations on general intends to respond to a petition subject 505(q)(1)(A) of the FD&C Act regarding administrative procedures. The to section 505(q) of the FD&C Act within delay of approval of an application (i.e., amendment adds § 10.31, which 150 days after the date on which the that delay is necessary to protect the includes the following provisions: petition is received. • public health), the submission of Section10.31(a) states that § 10.31 • Revises § 10.30(e)(2) to conform comments or supplemental information, will encompass all citizen petitions and with the addition of § 10.30(e)(5). or the consent of the petitioner. In PSAs that request that the Agency take • addition, FDA may deny a petition at any action that could, if taken, delay Makes minor revisions to §§ 10.20 any point if it determines that a petition approval of an ANDA, a 505(b)(2) and 10.30 to conform to the addition of or a supplement to the petition was application, or a 351(k) application (i.e., § 10.31. submitted with the primary purpose of petitions and PSAs that are or may be • With respect to § 10.35, delaying the approval of an application subject to section 505(q) of the FD&C administrative stay of action, makes and the petition does not on its face Act). revisions to conform with the raise valid scientific or regulatory issues • Section 10.31(b) clarifies the date of implementation of section 505(q) of the (section 505(q)(1)(E) of the FD&C Act). submission for petitions submitted FD&C Act. The final rule also adds new Section 505(q) of the FD&C Act also under § 10.31. § 10.35(i) to clarify that a petitioner includes certification and verification • Section 10.31(c) and (d) codify the requesting a stay of action may requirements for certain documents. certification and verification supplement, amend, or withdraw a PSA, Under section 505(q)(1)(H) of the FD&C requirements of section 505(q)(1)(H) and similar to the provision for citizen Act, FDA may not consider a petition (I) of the FD&C Act. Section 10.31(c) petitions in current § 10.30(g). for review unless the petition is in clarifies that the Agency will consider a In addition to implementing the writing and is signed and contains a certification deficient if every word in provisions in section 505(q) of the FD&C certification that is specified in that the petitioner’s certification does not Act, the final rule makes minor section. Section 505(q)(1)(H) of the match every word of the certification technical changes by revising FD&C Act sets forth the exact words to provided in section 505(q)(1)(H) of the §§ 10.30(e)(3) and 10.35(e) to allow the be used in the certification. In addition, FD&C Act. Likewise, § 10.31(d) clarifies FDA may not accept for review any Commissioner to dismiss a petition if that the Agency will consider the changes in law, facts, or circumstances supplemental information or comments verification deficient if every word in on a petition unless the submission is in since the date on which the petition was the petitioner’s or commenter’s submitted render the petition moot. writing and is signed and contains a verification does not match every word specific verification. Section 505(q)(1)(I) of the verification provided in section B. Significant Changes to the Proposed of the FD&C Act sets forth the exact 505(q)(1)(I) of the FD&C Act. As Rule words to be used in the verification. discussed in section II.B.4 of the Section 505(q)(2) of the FD&C Act preamble to the proposed rule, we are The final rule reflects revisions to the governs judicial review of final Agency making one minor editorial change to proposed rule in response to the action on a petition subject to section the language of the verification set out enactment of FDASIA. Section 1135 of 505(q). Under section 505(q)(2)(A) of the in the statute. We are changing ‘‘I verify FDASIA amended section 505(q) of the FD&C Act, FDA will be considered to under penalty of perjury that the FD&C Act in several ways. First, it have taken final Agency action on a foregoing is true and correct as of the shortened from 180 days to 150 days petition if FDA makes a final decision date of this petition’’ to ‘‘I verify under FDA’s deadline for responding to within the meaning of § 10.45(d) during penalty of perjury that the foregoing is petitions subject to section 505(q) of the the 150-day period, or the 150-day true and correct as of the date of this FD&C Act. Second, it expanded the period expires without FDA having document’’ (emphasis added). Because scope of section 505(q) of the FD&C Act made a final decision. Under section the statute specifies the word to include certain petitions related to 505(q)(2)(B) of the FD&C Act, if a civil ‘‘petition’’, we will accept either 351(k) applications. Lastly, FDASIA also action is filed against the Secretary with ‘‘petition’’ or ‘‘document’’ in the last added section 505(q)(4)(B) of the FD&C respect to any issues raised in the sentence of the verification. In addition, Act, which excludes such petitions from petition before final Agency action, a section 505(q) of the FD&C Act requires section 505(q)(2). court shall dismiss the action without both the certification and verification to Accordingly, the final rule includes prejudice for failure to exhaust be signed and executed under penalty of the following changes to the proposed administrative remedies. Section perjury. FDA interprets the signature rule: 505(q)(2) of the FD&C Act, however, provision to require a handwritten or • Adds § 10.30(e)(5) and revises does not apply to a petition containing electronic signature by the person requests relating to a 351(k) application. § 10.30(e)(2) to reflect FDA’s 150-day whose name appears as the signatory to deadline for responding to petitions II. Overview of the Final Rule, the petition, supplement, or comment. If subject to section 505(q) of the FD&C Including Significant Changes to the the certification or verification is signed Act. by another person with the notation Proposed Rule • ‘‘for,’’ signature/[initials], ‘‘on behalf Revises § 10.31(a)(1) to reflect the A. Overview of,’’ or with similar notation that applicability of section 505(q) of the In this rulemaking, the Agency indicates one person signed for another, FD&C Act to 351(k) applications. finalizes the provisions outlined in the we will consider the certification or These changes conform the final rule January 2012 proposed rule. In addition, verification to be deficient and will not to reflect amendments to section 505(q) the final rule incorporates changes consider the petition for review. of the FD&C Act enacted by FDASIA enacted by FDASIA and responds to The final rule amends §§ 10.20, 10.30, that became law after publication of the comments made to the proposed rule. and 10.35 as follows: proposed rule.

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III. Comments on the Proposed Rule the certification is required (because of list different types of information. A and FDA Responses the existence of a pending application), petition, supplement, or comment will the filing of petitions could become a meet the certification/verification A. Introduction way for individuals to uncover the requirement if it contains a date We received one submission existence of certain pending followed by a short description of the containing several comments from the applications. Neither FDAAA nor information. This requirement is Pharmaceutical Research and FDASIA suggest such an outcome. essential to carrying out the legislative Manufacturers of America (PhRMA). Moreover, rather than causing intent of Congress and does not impose These comments primarily focused on confusion, as PhRMA suggests, we an unreasonable burden on petitioners. the scope of proposed § 10.31 and the believe that requiring certifications and Because of the fact-based nature of a certification and verification verifications for all applicable petitions petition, it is impracticable for FDA to requirements. PhRMA also raised would remove any uncertainty as to specifically define or categorize all several issues we deemed outside the whether a petitioner should submit or types of information that may be relied scope of the proposed rule. In the not submit a certification or verification. upon by a petitioner. A petitioner or discussion that follows, we address the If there is no related ANDA, 505(b)(2) commenter can, however, reasonably be comments. application, or 351(k) application expected to identify the main categories We describe and respond to the pending at the time the petition is of information on which the petition, comments in sections III.B through III.E. submitted, then the requirements of supplement, or comment relies and to We have numbered each comment to § 10.31 will apply to the petition, but we provide dates for such categories. help distinguish between different will not consider the provisions of Indeed, this interpretation of the comments. The number assigned to each section 505(q) of the FD&C Act to apply certification has worked well to date. comment is purely for organizational to the petition. The failure to certify or verify a ‘‘became purposes and does not signify the known’’ date for any item of information C. Certification and Verification comment’s value or importance or the contained in a petition would preclude Requirements order in which comments were the petitioner from relying on that received. (Comment 2) PhRMA expressed information when seeking judicial B. Scope of the Proposed Rule (§ 10.31) specific concerns regarding the review since section 505(q)(1)(H) and (I) certification and verification of the FD&C Act requires that FDA not (Comment 1) We received a comment requirements of the rule. First, PhRMA consider and/or accept for review any from PhRMA concerning the scope of requested that the discretionary petition or information that fails to meet the rule. PhRMA stated that, in some language found in the preamble to the the certification and verification instances, the rule would require proposed rule, i.e., ‘‘[t]he failure to requirements. unnecessary certifications for petitions provide any information relied upon outside the scope of section 505(q) of (and the date) in the certification or D. Nonretroactivity of the Rule the FD&C Act that could cause verification may result in the failure of (Comment 3) PhRMA expressed confusion among petitioners, FDA to consider that information . . . concern that the rule could be read as commentators, and the courts regarding .’’, be clarified to prevent confusion over retroactively imposing requirements on which rules to apply to any given how FDA intends to interpret and petitions filed after September 26, 2007, petition. PhRMA claimed the proposed implement the certification and but before the effective date of the final rule could compromise a petitioner’s verification requirements. Second, rule. Based on its concern, PhRMA fundamental right to know which PhRMA questioned FDA’s assertion that requested that FDA revise the rule to statutory requirements and timelines a failure to certify or verify a ‘‘became clarify that § 10.31 will not apply to any FDA will apply to the petition. known’’ date would foreclose a petition that was pending at FDA before Accordingly, PhRMA requested that petitioner from relying on that the final rule’s effective date, to any FDA revise the proposed rule to limit information when seeking judicial supplement to such a petition, or to any the rule’s application to cases in which review. Accordingly, PhRMA requested comments on such a petition. there is evidence that a relevant ANDA that FDA: (1) Revise the proposed rule (Response 3) FDA’s guidance for or 505(b)(2) application is pending and provide additional explanation and industry ‘‘Citizen Petitions and Petitions before FDA. examples to clarify what types of for Stay of Action Subject to Section (Response 1) We decline to make this information petitioners must provide 505(q) of the Federal Food, Drug, and revision. Normally, the existence of a ‘‘became known’’ dates for and (2) Cosmetic Act’’ (Ref. 1), describes FDA’s pending application is not made public ‘‘provide support for, modify, or current thinking on the applicability of by FDA. (See e.g., 21 CFR 314.430.) To expressly withdraw’’ the preamble section 505(q) to petitions submitted prevent uncertainty as to when a statement concerning judicial review. after September 27, 2007. As that certification or verification is required (Response 2) We recognize that a guidance notes, section 505(q) of the and to protect against the unintended petition, supplement, or comment could FD&C Act applies to all petitions that release of information acknowledging be based on more than one type of are submitted on or after September 27, the existence of an ANDA, a 505(b)(2) information or multiple pieces of 2007 (or July 9, 2012, if the subject application, or a 351(k) application, we information. Section 505(q) of the FD&C matter of the petition relates to the are making § 10.31 apply to all petitions Act requires that the petitioner provide approval of a 351(k) application). To the that request an action that could delay in the certification the date on or about extent the final rule imposes any the approval of an ANDA, a 505(b)(2) which information first became known additional requirements, those application, or a 351(k) application, to the petitioner. We interpret section requirements will apply only to those regardless of whether an application 505(q) of the FD&C Act to require an on petitions submitted on or after the subject to the petition’s requested action or about date for each piece of effective date of the final rule. is pending at the time the petition is information that is relied upon in the submitted. Otherwise, if petitioners petition. Section II.B.7 of the preamble E. Additional Comments were to omit the certification statement to the proposed rule provides an (Comment 4) PhRMA requested that and wait for FDA to inform them that example illustrating how a petition may FDA include or otherwise establish a

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mechanism for notifying a petitioner if extend beyond the 180-day (now 150- (including potential economic, the Agency determines that a delay of day) review period for a petition. environmental, public health and safety, approval of an ANDA or 505(b)(2) (Response 6) We decline to issue a and other advantages; distributive application is not necessary to protect regulation establishing or clarifying that impacts; and equity). We have the public health. a delay in approval of an ANDA or a developed a comprehensive Economic (Response 4) We decline to 505(b)(2) application can exceed the Analysis of Impacts that assesses the implement such a mechanism for 150-day review period for petitions. impacts of the final rule (Ref. 2). We notifying petitioners. As PhRMA Because of the uncertainty in predicting believe that this final rule is not a pointed out, section 505(q) of the FD&C the time it will take to resolve a significant regulatory action as defined Act does not require such a notification. particular issue, establishing an by Executive Order 12866. The only notification provision in expectation on the possible length of a The Regulatory Flexibility Act section 505(q) of the FD&C Act is found delay would be neither practical nor requires us to analyze regulatory options in section 505(q)(1)(B), which requires feasible. We believe that based on the that would minimize any significant FDA to inform an ANDA applicant, a language of section 505(q) of the FD&C impact of a rule on small entities. section 505(b)(2) applicant, or a 351(k) Act, no clarification is necessary. Because the annualized compliance applicant that a delay in approval is (Comment 7) Finally, PhRMA costs to industry members, including necessary to protect the public health. requested that FDA abandon its practice small entities, is estimated to be slightly Moreover, such a notification of not providing a substantive response above $100, we certify that the final rule mechanism would be burdensome for to every section 505(q) petition will not have a significant economic the Agency and could inadvertently regardless of the review status of a impact on a substantial number of small inform the public of pending ANDAs, pending ANDA or 505(b)(2) application. entities. 505(b)(2) applications, or 351(k) (Response 7) This issue is outside the The Unfunded Mandates Reform Act applications. scope of this rulemaking. FDA’s current of 1995 (section 202(a)) requires us to (Comment 5) PhRMA requested that thinking on this issue is outlined in prepare a written statement, which FDA issue a regulation establishing (or section III.E of its guidance for industry includes an assessment of anticipated clarifying) the administrative ‘‘Citizen Petitions and Petitions for Stay costs and benefits, before issuing ‘‘any consequence of a decision to approve an of Action Subject to Section 505(q) of rule that includes any Federal mandate ANDA or a 505(b)(2) application prior to the Federal Food, Drug, and Cosmetic that may result in the expenditure by making a final decision on a related Act’’ (Ref. 1), and we do not believe State, local, and tribal governments, in 505(q) petition (i.e., whether such an further elaboration is necessary. the aggregate, or by the private sector, of approval would be considered a denial $100,000,000 or more (adjusted of the petition under section IV. Legal Authority annually for inflation) in any one year.’’ 505(q)(2)(A)(i) of the FD&C Act). This rule amends §§ 10.20, 10.30, and The current threshold after adjustment (Response 5) We believe the statute 10.35, and adds § 10.31 in a manner for inflation is $146 million, using the clearly defines what constitutes an consistent with the Agency’s current most current (2015) Implicit Price exhaustion of administrative remedies understanding and application of these Deflator for the Gross Domestic Product. with regard to section 505(q) petitions. provisions. FDA is implementing This final rule would not result in an Section 505(q)(2) of the FD&C Act certain provisions of FDAAA and expenditure in any year that meets or governs judicial review of final Agency FDASIA that govern petitions subject to exceeds this amount. action on certain petitions filed under section 505(q) of the FD&C Act. FDA has section 505(q). Under section B. Summary of Final Regulatory Impacts authority to issue regulations for the 505(q)(2)(A) of the FD&C Act, FDA is Analysis efficient administration of these considered to have taken final Agency provisions under section 701(a) of the action on a petition if either: (1) FDA 1. Industry Costs FD&C Act (21 U.S.C. 371(a)). makes a final decision within the We estimate one-time costs to meaning of § 10.45(d) during the 150- V. Analysis of Environmental Impact industry from this final rule at about day period or (2) the 150-day period $626,300. We estimate annual costs at FDA has determined under 21 CFR expires without FDA making a final about $1,800. These costs equate to an 25.30(h) that this action is of a type that decision. Section 505(q)(2) of the FD&C estimated total annualized cost of about does not individually or cumulatively Act is silent as to the effect of approving $91,000 at a 7 percent discount rate over have a significant effect on the human an ANDA or a 505(b)(2) application 10 years and about $75,200 at a 3 environment. Therefore, neither an prior to FDA’s action on a petition. In percent discount rate over 10 years. The environmental assessment nor an our view, the language of section total annualized costs include the environmental impact statement is 505(q)(2) of the FD&C Act is clear and administrative cost to review the rule required. decouples a final action on a petition ($89,200) plus the cost for the additional from a decision on an underlying ANDA VI. Economic Analysis of Impacts effort preparing certifications for or 505(b)(2) application. (We note that petitions and verifications for both A. Introduction and Summary petitions addressing issues concerning responses to petitions and supplements 351(k) applications are excluded from We have examined the impacts of the to petitions ($1,800). the scope of section 505(q)(2) of the final rule under Executive Order 12866, 2. Benefits FD&C Act). Therefore, a decision on an Executive Order 13563, the Regulatory ANDA or a 505(b)(2) application that Flexibility Act (5 U.S.C. 601–612), and The final rule contains several occurs prior to the issuance of a petition the Unfunded Mandates Reform Act of clarifications to the language provided response will not constitute final 1995 (Pub. L. 104–4). Executive Orders in FDAAA and small additions to the Agency action on the petition. 12866 and 13563 direct us to assess all statute’s provisions. It reinforces the (Comment 6) PhRMA requested that costs and benefits of available regulatory need for exact wording of both the FDA issue a regulation establishing (or alternatives and, when regulation is certification and verification statements clarifying) that a delay in approval of an necessary, to select regulatory for petitions, supplements to petitions, ANDA or a 505(b)(2) application can approaches that maximize net benefits and responses to petitions. Furthermore,

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the rule clarifies the exact dating IX. References reconsideration, in which case they will procedures for these documents. By be submitted on the date received. The following references are on providing additional clarity on the display in the Division of Dockets * * * * * statutory requirements, we expect the Management (see ADDRESSES) and are ■ 3. Section 10.30 is amended as final rule will slightly reduce the available for viewing by interested follows: number of deficient 505(q) petitions. We ■ a. Revise paragraph (b) introductory do not have enough information to persons between 9 a.m. and 4 p.m., Monday through Friday; they are also text; estimate this reduction in deficient ■ b. Revise the first sentence of 505(q) petitions, but the reduction available electronically at http:// www.regulations.gov. FDA has verified paragraph (c); should result in lower administrative ■ c. Revise the second sentence of costs for both industry and FDA. the Web site addresses, as of the date this document publishes in the Federal paragraph (d); The Economic Analysis of Impacts of ■ d. Revise the first sentence of the final rule, performed in accordance Register, but Web sites are subject to change over time. paragraph (e)(2); with Executive Order 12866, Executive ■ e. Remove from paragraph (e)(2)(ii) Order 13563, the Regulatory Flexibility 1. FDA Guidance for Industry, ‘‘Citizen the word ‘‘or’’; Petitions and Petitions for Stay of Action Act, and the Unfunded Mandates ■ f. Redesignate paragraph (e)(2)(iii) as Reform Act, is available at http:// Subject to Section 505(q) of the Federal paragraph (e)(2)(iv); www.regulations.gov under the docket Food, Drug, and Cosmetic Act,’’ November 2014, available at http:// ■ g. Add new paragraph (e)(2)(iii); number for this final rule (FDA–2011– ■ h. Add to paragraph (e)(3) a new N–0697) and at http://www.fda.gov/ www.fda.gov/ucm/groups/fdagov-public/ @fdagov-drugs-gen/documents/ sentence after the first sentence; and AboutFDA/ReportsManualsForms/ document/ucm079353.pdf. ■ i. Add new paragraph (e)(5). Reports/EconomicAnalyses/default.htm. 2. Final Regulatory Impact Analysis, The additions and revisions read as VII. Paperwork Reduction Act of 1995 ‘‘Amendments to Regulations on Citizen follows: Petitions, Petitions for Stay of Action, This final rule contains no new and Submission of Documents to § 10.30 Citizen petition. information collection provisions that Dockets,’’ Docket No. FDA–2011–N– * * * * * are subject to review by the Office of 0697, available at http://www.fda.gov/ (b) A petition (including any Management and Budget (OMB) under AboutFDA/ReportsManualsForms/ Reports/EconomicAnalyses/default.htm. attachments) must be submitted in the Paperwork Reduction Act of 1995 accordance with § 10.20 and, if (44 U.S.C. 3501–3520) (the PRA). The List of Subjects in 21 CFR Part 10 applicable, § 10.31. The certification final rule refers to previously approved requirement in this section does not collections of information found in FDA Administrative practice and apply to petitions subject to the regulations. The collections of procedure, News media. certification requirement of § 10.31. The information in §§ 10.30 and 10.35 have Therefore, under the Federal Food, petition must also be submitted in been approved under OMB control Drug, and Cosmetic Act and under accordance with the following number 0910–0191. The collections of authority delegated to the Commissioner paragraphs, as applicable: information in § 10.31 have been of Food and Drugs, 21 CFR part 10 is * * * * * approved under OMB control number amended as follows: 0910–0679. The collections of (c) A petition that appears to meet the information in 21 CFR part 314 have PART 10—ADMINISTRATIVE requirements of paragraph (b)(3) of this been approved under OMB control PRACTICES AND PROCEDURES section, § 10.20, and, if applicable, number 0910–0001. The certification § 10.31, will be filed by the Division of and verification statements required ■ 1. The authority citation for part 10 Dockets Management, stamped with the under § 10.31(c) and (d) are ‘‘public continues to read as follows: date of filing, and assigned a unique docket number. * * * disclosure[s] of information originally Authority: 5 U.S.C. 551–558, 701–706; 15 supplied by the Federal government to U.S.C. 1451–1461; 21 U.S.C. 141–149, 321– (d) * * * The comments are to the recipient for the purpose of 397, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42 specify the docket number of the disclosure to the public . . . ,’’ (5 CFR U.S.C. 201, 262, 263b, 264. petition and include, if applicable, the verification under § 10.31, and may 1320.3(c)(2)) and therefore not subject to ■ 2. In § 10.20, revise paragraph (e) to support or oppose the petition in whole OMB review. read as follows: or in part. * * * VIII. Federalism § 10.20 Submission of documents to (e) * * * We have analyzed this final rule in Division of Dockets Management; (2) Except as provided in paragraphs accordance with the principles set forth computation of time; availability for public (e)(4) and (5) of this section, the in Executive Order 13132. FDA has disclosure. Commissioner shall furnish a response determined that the rule does not * * * * * to each petitioner within 180 days of contain policies that have substantial (e) Except as provided in § 10.31(b), receipt of the petition. * * * direct effects on the States, on the all submissions to the Division of (iii) Dismiss the petition if at any time relationship between the National Dockets Management will be considered the Commissioner determines that Government and the States, or on the as submitted on the date they are changes in law, facts, or circumstances distribution of power and postmarked or, if delivered in person since the date on which the petition was responsibilities among the various during regular business hours, on the submitted have rendered the petition levels of government. Accordingly, we date on which they are delivered, unless moot; or conclude that the rule does not contain a provision in this part, an applicable * * * * * policies that have federalism Federal Register notice, or an order (3) * * * If, at any time, the implications as defined in the Executive issued by an administrative law judge Commissioner determines that changes order and, consequently, a federalism specifically states that the documents in law, facts, or circumstances since the summary impact statement is not must be received by a specified date, date on which the petition was required. e.g., § 10.33(g) relating to a petition for submitted have rendered the petition

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moot, the Commissioner may dismiss of action that meets all of the following (3) The petition is submitted in the petition. * * * criteria: writing and under § 10.30 (for citizen * * * * * (1) The petition requests that the petitions) or § 10.35 (for petitions for (5) The Commissioner intends to Commissioner take any form of action stay of action). furnish a response to each petitioner that could, if taken, delay approval of an (b) Date of submission. A petition within 150 days of receipt of a petition abbreviated new drug application subject to this section and submitted in subject to section 505(q) of the Federal submitted under section 505(j) of the accordance with § 10.20, § 10.30, Food, Drug, and Cosmetic Act. Federal Food, Drug, and Cosmetic Act, § 10.31, or § 10.35 is regarded as * * * * * a new drug application submitted submitted on the date on which the ■ 4. Add § 10.31 to subpart B to read as through the pathway described by petition is received by the Division of follows: section 505(b)(2) of the Federal, Food, Dockets Management. § 10.31 Citizen petitions and petitions for Drug and Cosmetic Act, or a biologics (c) Certification. (1) FDA will not stay of action related to abbreviated new license application submitted under consider for review a petition that is drug applications, certain new drug section 351(k) of the Public Health subject to this section unless the applications, or certain biologics license Service Act. applications. petition is in writing and contains the (a) Applicability. This section applies (2) The petition is submitted on or following certification: to a citizen petition or petition for stay after September 27, 2007.

(2) The certification in paragraph certification must contain each information or comments on a petition (c)(1) of this section must contain one or estimated relevant date. The that is subject to this section unless the more specific dates (month, day, and information associated with a particular supplemental information or comments year) in the first blank space provided. date must be identified. are in writing and contain the following If different categories of information (d) Verification. (1) FDA will not verification: become known at different times, the accept for review any supplemental

(2) The verification in paragraph If different categories of information associated with a particular date must (d)(1) of this section must contain one become known at different times, the be identified. or more specific dates (month, day, and verification must contain each estimated ■ 5. In § 10.35 revise the third sentence year) in the first blank space provided. relevant date. The information of paragraph (b); in paragraph (e)

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introductory text add a new sentence channel from mile marker 285.0 to mile December 10, 2016 will be a safety after the second sentence; and add marker 289.0 on the Gulf Intracoastal concern for anyone within the area of paragraph (i) to read as follows: Waterway in Panama City, FL. The the Gulf Intracoastal Waterway between special local regulation is needed to mile marker 285.0 and mile marker § 10.35 Administrative stay of action. protect the persons participating in the 289.0. This rule is needed to protect * * * * * Boat Parade of Lights marine event. This participants, spectators, and other (b) * * * A request for stay must be rulemaking restricts transit into, through persons and vessels during the regatta submitted in accordance with § 10.20 and within the regulated area unless on navigable waters. and in the following form (except that specifically authorized by the Captain of IV. Discussion of the Rule a request for stay subject to § 10.31 must the Port Mobile. also include the certification provided DATES: This rule is effective from 4 p.m. This rule establishes a special local in § 10.31(c)) no later than 30 days after until 10 p.m. on December 10, 2016. regulation on December 10, 2016, which will be enforced between the hours of 4 the date of the decision involved. * * * ADDRESSES: To view documents * * * * * mentioned in this preamble as being p.m. and 10 p.m. The special local (e) * * * If, at any time, the available in the docket, go to http:// regulation takes place on the Gulf Commissioner determines that changes www.regulations.gov, type USCG–2016– Intracoastal Waterway between mile in law, facts, or circumstances since the 0932 in the ‘‘SEARCH’’ box and click marker 285.0 and mile marker 289.0, date on which the petition was ‘‘SEARCH.’’ Click on Open Docket extending the entire width of the submitted have rendered the petition Folder on the line associated with this navigable channel. A similar special moot, the Commissioner may dismiss rule. local regulation is currently in the Code of Federal Regulations under 33 CFR the petition. * * * FOR FURTHER INFORMATION CONTACT: If 100.801, Table 7, number 15 as * * * * * you have questions on this rule, call or occurring ‘‘1 Day; Saturday following (i) A petitioner may supplement, email LT Fannie L. Wilks, Sector Thanksgiving.’’ However, for the 2016 amend, or withdraw a petition for stay Mobile, Waterways Management occurrence, the event sponsors changed of action in writing without Agency Division, U.S. Coast Guard; telephone the date of the event to December 10, 251–441–5940, email Fannie.L.Wilks@ approval and without prejudice to 2016. The duration of the regulation is uscg.mil. resubmission at any time until the intended to protect participants, Commissioner rules on the petition, SUPPLEMENTARY INFORMATION: spectators, and other persons and provided the resubmission is made in I. Table of Abbreviations vessels before, during, and after the accordance with paragraph (b) of this regatta. No vessel or person will be section, unless the petition for stay of CFR Code of Federal Regulations permitted to enter, transit within or action has been referred for a hearing DHS Department of Homeland Security through, or exit the regulated area under parts 12, 13, 14, or 15 of this FR Federal Register NPRM Notice of proposed rulemaking without obtaining permission from the chapter. After a ruling or referral, a COTP or a designated representative. petition for stay of action may be PATCOM Patrol Commander § Section Spectator vessels desiring to enter, supplemented, amended, or withdrawn U.S.C. United States Code transit through or within, or exit the only with the approval of the regulated area may request permission II. Background Information and Commissioner. The Commissioner may to do so from the Patrol Commander. Regulatory History approve withdrawal with or without When permitted to transit the area prejudice against resubmission of the The Coast Guard is issuing this vessels must follow restrictions within petition for stay of action. temporary rule without prior notice and the regulated area as directed by the Dated: November 2, 2016. opportunity to comment pursuant to Coast Guard, and must operate at a Leslie Kux, authority under section 4(a) of the minimum safe navigation speed in a Associate Commissioner for Policy. Administrative Procedure Act (APA) (5 manner which will not endanger [FR Doc. 2016–26912 Filed 11–7–16; 8:45 am] U.S.C. 553(b)). This provision participants in the regulated area or any authorizes an agency to issue a rule BILLING CODE 4164–01–P other vessels. without prior notice and opportunity to comment when the agency for good V. Regulatory Analyses cause finds that those procedures are We developed this rule after DEPARTMENT OF HOMELAND ‘‘impracticable, unnecessary, or contrary considering numerous statutes and SECURITY to the public interest.’’ Under 5 U.S.C. Executive orders related to rulemaking. Coast Guard 553(b)(B), the Coast Guard finds that Below we summarize our analyses good cause exists for not publishing a based on a number of these statutes and 33 CFR Part 100 notice of proposed rulemaking (NPRM) Executive orders, and we discuss First with respect to this rule because doing Amendment rights of protestors. [Docket Number USCG–2016–0932] so would be impracticable. At this time, A. Regulatory Planning and Review it would be impracticable to complete RIN 1625–AA08 the full notice and comment process Executive Orders 12866 and 13563 Special Local Regulation; Saint because this special local regulation direct agencies to assess the costs and Andrew Bay; Panama City, FL must be established on December 10, benefits of available regulatory 2016. alternatives and, if regulation is AGENCY: Coast Guard, DHS. necessary, to select regulatory III. Legal Authority and Need for Rule ACTION: Temporary final rule. approaches that maximize net benefits. The Coast Guard is issuing this rule Executive Order 13563 emphasizes the SUMMARY: The Coast Guard is under authority in 33 U.S.C. 1233. The importance of quantifying both costs establishing a temporary special local Captain of the Port Mobile (COTP) has and benefits, of reducing costs, of regulation on Saint Andrew Bay determined that potential hazards harmonizing rules, and of promoting extending the entire width of the associated with the regatta event on flexibility. This rule has not been

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designated a ‘‘significant regulatory Ombudsman evaluates these actions which guide the Coast Guard in action,’’ under Executive Order 12866. annually and rates each agency’s complying with the National Accordingly, it has not been reviewed responsiveness to small business. If you Environmental Policy Act of 1969(42 by the Office of Management and wish to comment on actions by U.S.C. 4321–4370f), and have Budget. employees of the Coast Guard, call 1– determined that this action is one of a This regulatory action determination 888–REG–FAIR (1–888–734–3247). The category of actions that do not is based on the size, location, duration, Coast Guard will not retaliate against individually or cumulatively have a and time-of-year of the regulation. The small entities that question or complain significant effect on the human special local regulation will take place about this rule or any policy or action environment. This rule involves a on a four-mile stretch of navigable of the Coast Guard. special local regulation lasting for four waterway, during a short duration of hours on the Gulf Intracoastal Waterway C. Collection of Information four hours on the Gulf Intracoastal between mile marker 285.0 and mile Waterway from mile marker 285.0 to This rule will not call for a new marker 289.0. It is categorically 289.0 on December 10, 2016, which is collection of information under the excluded from further review under a time of year experiencing lower than Paperwork Reduction Act of 1995 (44 paragraph 34(h) of Figure 2–1 of the normal traffic. Moreover, the Coast U.S.C. 3501–3520). Commandant Instruction. An Guard will issue Broadcast Notices to environmental analysis checklist Mariners via VHF–FM marine channel D. Federalism and Indian Tribal Governments supporting this determination and a 16 about the regulation so that waterway Categorical Exclusion Determination are users may plan accordingly for transits A rule has implications for federalism available in the docket where indicated during this restriction. The rule also under Executive Order 13132, under ADDRESSES. We seek any allows vessels to seek permission from Federalism, if it has a substantial direct comments or information that may lead the COTP Mobile or a designated effect on the States, on the relationship to the discovery of a significant representative to enter the regulated between the national government and environmental impact from this rule. area. the States, or on the distribution of power and responsibilities among the G. Protest Activities B. Impact on Small Entities various levels of government. We have The Coast Guard respects the First The Regulatory Flexibility Act of analyzed this rule under that Order and Amendment rights of protesters. 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent Protesters are asked to contact the requires Federal agencies to consider with the fundamental federalism person listed in the FOR FURTHER the potential impact of regulations on principles and preemption requirements INFORMATION CONTACT section to small entities during rulemaking. The described in Executive Order 13132. coordinate protest activities so that your term ‘‘small entities’’ comprises small Also, this rule does not have tribal message can be received without businesses, not-for-profit organizations implications under Executive Order jeopardizing the safety or security of that are independently owned and 13175, Consultation and Coordination people, places or vessels. operated and are not dominant in their with Indian Tribal Governments, fields, and governmental jurisdictions because it does not have a substantial List of Subjects in 33 CFR Part 100 with populations of less than 50,000. direct effect on one or more Indian Marine safety, Navigation (water), The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the Reporting and recordkeeping 605(b) that this rule will not have a Federal Government and Indian tribes, requirements, and Waterways. significant economic impact on a or on the distribution of power and For the reasons discussed in the substantial number of small entities. responsibilities between the Federal preamble, the Coast Guard amends 33 While some owners or operators of Government and Indian tribes. If you CFR part 100 as follows: vessels intending to transit the regulated believe this rule has implications for area may be small entities, for the federalism or Indian tribes, please PART 100—SAFETY OF LIFE ON reasons stated in section V.A above, this contact the person listed in the FOR NAVIGABLE WATERS rule will not have a significant FURTHER INFORMATION CONTACT section economic impact on any vessel owner above. ■ 1. The authority citation for part 100 or operator. continues to read as follows: E. Unfunded Mandates Reform Act Under section 213(a) of the Small Authority: 33 U.S.C. 1233. Business Regulatory Enforcement The Unfunded Mandates Reform Act ■ 2. Add § 100.35T08–0932 to read as Fairness Act of 1996 (Public Law 104– of 1995 (2 U.S.C. 1531–1538) requires follows: 121), we want to assist small entities in Federal agencies to assess the effects of understanding this rule. If the rule their discretionary regulatory actions. In § 100.35T08–0932 Special Local would affect your small business, particular, the Act addresses actions Regulation; Saint Andrew Bay; Panama organization, or governmental that may result in the expenditure by a City, FL. jurisdiction and you have questions State, local, or tribal government, in the (a) Regulated area. All waters of the concerning its provisions or options for aggregate, or by the private sector of Gulf Intracoastal Waterway between compliance, please contact the person $100,000,000 (adjusted for inflation) or mile marker 285.0 and mile marker listed in the FOR FURTHER INFORMATION more in any one year. Though this rule 289.0, Panama City, FL. CONTACT section. will not result in such an expenditure, (b) Period of enforcement. This rule Small businesses may send comments we do discuss the effects of this rule will be enforced from 4 p.m. until 10 on the actions of Federal employees elsewhere in this preamble. p.m. on December 10, 2016. who enforce, or otherwise determine (c) Special local regulations. (1) Entry compliance with, Federal regulations to F. Environment into, transit within or through, or exit the Small Business and Agriculture We have analyzed this rule under from this area is prohibited unless Regulatory Enforcement Ombudsman Department of Homeland Security authorized by the Captain of the Port and the Regional Small Business Management Directive 023–01 and Mobile (COTP) or the designated Patrol Regulatory Fairness Boards. The Commandant Instruction M16475.lD, Commander. The Coast Guard will

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patrol the regulated area under the Dated: October 14, 2016. I. General Information direction of a designated Coast Guard J.H. Snowden, A. Does this action apply to me? Patrol Commander. The Patrol Captain, U.S. Coast Guard, Captain of the Commander may be contacted on Port Mobile. You may be potentially affected by Channel 16 VHF–FM (156.8 MHz) by [FR Doc. 2016–26961 Filed 11–7–16; 8:45 am] this action if you are an agricultural the call sign ‘‘PATCOM’’. BILLING CODE 9110–04–P producer, food manufacturer, or (2) All persons and vessels not pesticide manufacturer. The following registered with the sponsor as list of North American Industrial participants or official patrol vessels are Classification System (NAICS) codes is considered spectators. The ‘‘official ENVIRONMENTAL PROTECTION not intended to be exhaustive, but rather patrol vessels’’ consist of any Coast AGENCY provides a guide to help readers Guard, state, or local law enforcement determine whether this document 40 CFR Part 180 and sponsor provided vessels assigned applies to them. Potentially affected or approved by the Captain of the Port [EPA–HQ–OPP–2016–0380; FRL–9953–87] entities may include: (COTP) Mobile to patrol the regulated • Crop production (NAICS code 111). area. Fluxapyroxad; Pesticide Tolerances • Animal production (NAICS code (3) Spectator vessels desiring to 112). transit the regulated area may do so only AGENCY: Environmental Protection • Food manufacturing (NAICS code with prior approval of the Patrol Agency (EPA). 311). Commander and when so directed by ACTION: Final rule. • Pesticide manufacturing (NAICS that officer will be operated at a code 32532). minimum safe navigation speed in a SUMMARY: This regulation establishes tolerances for residues of fluxapyroxad B. How can I get electronic access to manner which will not endanger other related information? participants in the regulated area or any in or on banana, coffee green bean, other vessels. mango, and papaya. BASF Corporation You may access a frequently updated (4) No spectator vessel shall anchor, requested these tolerances under the electronic version of EPA’s tolerance block, loiter, or impede the through Federal Food, Drug, and Cosmetic Act regulations at 40 CFR part 180 through transit of participants or official patrol (FFDCA), to ensure that residues on the Government Printing Office’s e-CFR vessels in the regulated area during the these commodities when imported into site at http://www.ecfr.gov/cgi-bin/text- effective dates and times, unless cleared the United States would be in idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ for entry by or through an official patrol compliance with the FFDCA. 40tab_02.tpl. To access the OCSPP test vessel. DATES: This regulation is effective guidelines referenced in this document (5) The patrol commander may forbid November 8, 2016. Objections and electronically, please go to http:// and control the movement of all vessels requests for hearings must be received www.epa.gov/ocspp and select ‘‘Test in the regulated area. When hailed or on or before January 9, 2017, and must Methods and Guidelines.’’ signaled by an official patrol vessel, a be filed in accordance with the C. How can I file an objection or hearing vessel shall come to an immediate stop instructions provided in 40 CFR part request? and comply with the directions given. 178 (see also Unit I.C. of the Failure to do so may result in expulsion SUPPLEMENTARY INFORMATION). Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an from the area, citation for failure to ADDRESSES: The docket for this action, objection to any aspect of this regulation comply, or both. identified by docket identification (ID) and may also request a hearing on those (6) Any spectator vessel may anchor number EPA–HQ–OPP–2016–0380, is objections. You must file your objection outside the regulated area, but may not available at http://www.regulations.gov or request a hearing on this regulation anchor in, block, or loiter in a navigable or at the Office of Pesticide Programs in accordance with the instructions channel. Spectator vessels may be Regulatory Public Docket (OPP Docket) provided in 40 CFR part 178. To ensure moored to a waterfront facility within in the Environmental Protection Agency proper receipt by EPA, you must the regulated area in such a way that Docket Center (EPA/DC), West William identify docket ID number EPA–HQ– they shall not interfere with the progress Jefferson Clinton Bldg., Rm. 3334, 1301 OPP–2016–0380 in the subject line on of the event. Such mooring must be Constitution Ave. NW., Washington, DC the first page of your submission. All complete at least 30 minutes prior to the 20460–0001. The Public Reading Room objections and requests for a hearing establishment of the regulated area and is open from 8:30 a.m. to 4:30 p.m., must be in writing, and must be remain moored through the duration of Monday through Friday, excluding legal received by the Hearing Clerk on or the event. holidays. The telephone number for the before January 9, 2017. Addresses for (7) The Patrol Commander may Public Reading Room is (202) 566–1744, mail and hand delivery of objections terminate the event or the operation of and the telephone number for the OPP and hearing requests are provided in 40 any vessel at any time it is deemed Docket is (703) 305–5805. Please review necessary for the protection of life or CFR 178.25(b). the visitor instructions and additional In addition to filing an objection or property. information about the docket available (8) The Patrol Commander will hearing request with the Hearing Clerk at http://www.epa.gov/dockets. terminate enforcement of the special as described in 40 CFR part 178, please local regulations at the conclusion of the FOR FURTHER INFORMATION CONTACT: submit a copy of the filing (excluding event. Michael Goodis, Registration Division any Confidential Business Information (d) Informational broadcasts. The (7505P), Office of Pesticide Programs, (CBI)) for inclusion in the public docket. COTP Mobile or a designated Environmental Protection Agency, 1200 Information not marked confidential representative will inform the public Pennsylvania Ave. NW., Washington, pursuant to 40 CFR part 2 may be through broadcast notices to mariners of DC 20460–0001; main telephone disclosed publicly by EPA without prior the enforcement period for the regulated number: (703) 305–7090; email address: notice. Submit the non-CBI copy of your area as well as any changes in the date [email protected]. objection or hearing request, identified and times of enforcement. SUPPLEMENTARY INFORMATION: by docket ID number EPA–HQ–OPP–

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2016–0380, by one of the following of infants and children to the pesticide exposures from fluxapyroxad in food as methods: chemical residue in establishing a follows: • Federal eRulemaking Portal: http:// tolerance and to ‘‘ensure that there is a i. Acute exposure. Quantitative acute www.regulations.gov. Follow the online reasonable certainty that no harm will dietary exposure and risk assessments instructions for submitting comments. result to infants and children from are performed for a food-use pesticide, Do not submit electronically any aggregate exposure to the pesticide if a toxicological study has indicated the information you consider to be CBI or chemical residue. . . .’’ possibility of an effect of concern other information whose disclosure is Consistent with FFDCA section occurring as a result of a 1-day or single restricted by statute. 408(b)(2)(D), and the factors specified in exposure. • Mail: OPP Docket, Environmental FFDCA section 408(b)(2)(D), EPA has Such effects were identified for Protection Agency Docket Center (EPA/ reviewed the available scientific data fluxapyroxad. In estimating acute DC), (28221T), 1200 Pennsylvania Ave. and other relevant information in dietary exposure, EPA used food NW., Washington, DC 20460–0001. consumption information from the • support of this action. EPA has Hand Delivery: To make special sufficient data to assess the hazards of United States Department of Agriculture arrangements for hand delivery or and to make a determination on (USDA) 2003–2008 food consumption delivery of boxed information, please aggregate exposure for fluxapyroxad data NHANES/WWEIA. Tolerance level follow the instructions at http:// including exposure resulting from the residues adjusted to account for the www.epa.gov/dockets/contacts.html. tolerances established by this action. metabolites of concern (M700F008) and Additional instructions on EPA’s assessment of exposures and risks 100% crop treated assumptions were commenting or visiting the docket, associated with fluxapyroxad follows. used for all plant commodities. along with more information about ii. Chronic exposure. In conducting dockets generally, is available at http:// A. Toxicological Profile the chronic dietary exposure assessment www.epa.gov/dockets. EPA used the food consumption data EPA has evaluated the available from the USDA 2003–2008 CSFII. As to II. Summary of Petitioned-For toxicity data and considered its validity, residue levels in food, EPA conducted a Tolerance completeness, and reliability as well as moderately refined chronic dietary In the Federal Register of August 29, the relationship of the results of the exposure analysis for the general U.S. 2016 (81 FR 59165) (FRL–9950–22), studies to human risk. EPA has also population and various population EPA issued a document pursuant to considered available information subgroups. Average field trial residues FFDCA section 408(d)(3), 21 U.S.C. concerning the variability of the for parent plus maximum metabolite 346a(d)(3), announcing the filing of a sensitivities of major identifiable residue were used for all plant pesticide petition PP 5E8366 by BASF subgroups of consumers, including commodities. An assumption of 100% Corporation, 26 Davis Drive, P.O. Box infants and children. crop treated was also used for the 13528, Research Triangle Park, North The Agency recently published a chronic dietary analysis. DEEM default Carolina 27709–3528. The petition tolerance rulemaking for fluxapyroxad. and empirical processing factors were requested that 40 CFR 180.666 be See Federal Register of May 5, 2016 (81 used. amended by establishing tolerances for FR 27019) (FRL–9945–48). The iii. Cancer. Based on the data residues of the fungicide fluxapyroxad, toxicological profile and endpoints used summarized in Unit III.A., EPA has in or on banana at 3.0 parts per million for human risk assessment have not concluded that fluxapyroxad does not (ppm); coffee, green bean at 0.2 ppm; changed since that time. Therefore, the pose a cancer risk to humans. Therefore, mango at 0.7 ppm; and papaya at 0.6 Agency is relying on that discussion of a dietary exposure assessment for the ppm. That document referenced a the toxicological profile and the purpose of assessing cancer risk is summary of the petition prepared by toxicological endpoints for this unnecessary. BASF Corporation, the registrant, which rulemaking as well. Please refer to Unit iv. Anticipated residue and percent is available in the docket, http:// III. B of the final rule published in the crop treated (PCT) information. Section www.regulations.gov. There were no Federal Register of May 5, 2016 (81 FR 408(b)(2)(E) of FFDCA authorizes EPA comments received in response to the 27019) (FRL–9945–48). In addition, to use available data and information on notice of filing. specific information on the studies the anticipated residue levels of received and the nature of the adverse pesticide residues in food and the actual III. Aggregate Risk Assessment and effects caused by fluxapyroxad as well levels of pesticide residues that have Determination of Safety as the no-observed-adverse-effect-level been measured in food. If EPA relies on Section 408(b)(2)(A)(i) of FFDCA (NOAEL) and the lowest-observed- such information, EPA must require allows EPA to establish a tolerance (the adverse-effect-level (LOAEL) from the pursuant to FFDCA section 408(f)(1) legal limit for a pesticide chemical toxicity studies can be found at http:// that data be provided 5 years after the residue in or on a food) only if EPA www.regulations.gov in document, tolerance is established, modified, or determines that the tolerance is ‘‘safe.’’ ‘‘Human Health Risk Assessment for left in effect, demonstrating that the Section 408(b)(2)(A)(ii) of FFDCA Use of Fluxaproxad on Imported levels in food are not above the levels defines ‘‘safe’’ to mean that ‘‘there is a Banana, Coffee, Mango, and Papaya.’’ at anticipated. For the present action, EPA reasonable certainty that no harm will pp. 12 in docket ID number EPA–HQ– will issue such data call-ins as are result from aggregate exposure to the OPP–2016–0380. required by FFDCA section 408(b)(2)(E) pesticide chemical residue, including B. Exposure Assessment and authorized under FFDCA section all anticipated dietary exposures and all 408(f)(1). Data will be required to be other exposures for which there is 1. Dietary exposure from food and submitted no later than 5 years from the reliable information.’’ This includes feed uses. In evaluating dietary date of issuance of these tolerances. exposure through drinking water and in exposure to fluxapyroxad, EPA 2. Dietary exposure from drinking residential settings, but does not include considered exposure under the water. The Agency used screening level occupational exposure. Section petitioned-for tolerances as well as all water exposure models in the dietary 408(b)(2)(C) of FFDCA requires EPA to existing fluxapyroxad tolerances in 40 exposure analysis and risk assessment give special consideration to exposure CFR 180.666. EPA assessed dietary for fluxapyroxad in drinking water.

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These simulation models take into ingredients in outdoor residential in rats showed decreased body weight account data on the physical, chemical, pesticide products and dilution in and body weight gain in the offspring at and fate/transport characteristics of outdoor air is likely to result in minimal the same dose levels that caused thyroid fluxapyroxad. Further information inhalation exposure. Incidental oral follicular hypertrophy/hyperplasia in regarding EPA drinking water models exposure for children is anticipated. parental animals. Effects in rabbits were used in pesticide exposure assessment The quantitative oral exposure/risk limited to paw hyperflexion, a can be found at http://www.epa.gov/ assessment for residential post- malformation that is not considered to oppefed1/models/water/index.htm. application exposures is based on the result from a single exposure and that Based on the Pesticide Root Zone incidental oral scenario for children 1 to usually reverses as the animal matures. Model Ground Water (PRZM/GW), the <2 years old. Developmental effects observed in both estimated drinking water concentrations Further information regarding EPA rats and rabbits occurred at the same (EDWCs) of fluxapyroxad for acute standard assumptions and generic doses as those that caused adverse exposures are 127 ppb parts per billion inputs for residential exposures may be effects in maternal animals, indicating (ppb) for surface water and 203 ppb for found at http://www.epa.gov/pesticides/ no quantitative susceptibility. The ground water. The EDWCs for chronic trac/science/trac6a05.pdf. Agency has low concern for exposures for non-cancer assessments Cumulative effects from substances developmental toxicity because the are 127 ppb for surface water and 188 with a common mechanism of toxicity. observed effects were of low severity, ppb for ground water. Modeled Section 408(b)(2)(D)(v) of FFDCA were likely secondary to maternal estimates of drinking water requires that, when considering whether toxicity, and demonstrated clear concentrations were directly entered to establish, modify, or revoke a NOAELs. Further, the NOAELs for these into the dietary exposure model. For tolerance, the Agency consider effects were at dose levels higher than acute dietary risk assessment, the water ‘‘available information’’ concerning the the points of departure selected for risk concentration value of 203 ppb was cumulative effects of a particular assessment for repeat-exposure used to assess the contribution to pesticide’s residues and ‘‘other scenarios. Therefore, based on the drinking water. For chronic dietary risk substances that have a common available data and the selection of risk assessment, the water concentration mechanism of toxicity.’’ assessment endpoints that are protective value of 188 ppb was used to assess the EPA has not found fluxapyroxad to of developmental effects, there are no contribution to drinking water. share a common mechanism of toxicity residual uncertainties with regard to 3. From non-dietary exposure. The with any other substances, and pre- and/or postnatal toxicity. term ‘‘residential exposure’’ is used in fluxapyroxad does not appear to 3. Conclusion. EPA has determined this document to refer to non- produce a toxic metabolite produced by that reliable data show the safety of occupational, non-dietary exposure other substances. For the purposes of infants and children would be (e.g., for lawn and garden pest control, this tolerance action, therefore, EPA has adequately protected if the FQPA SF indoor pest control, termiticides, and assumed that fluxapyroxad does not were reduced to 1X. That decision is flea and tick control on pets). have a common mechanism of toxicity based on the following findings: There is no residential exposure with other substances. For information i. The toxicity database for associated with the proposed uses of regarding EPA’s efforts to determine fluxapyroxad is complete. fluxapyroxad in this action; however, which chemicals have a common ii. There is no indication that there are existing turf uses that were mechanism of toxicity and to evaluate fluxapyroxad is a neurotoxic chemical previously assessed for fluxapyroxad. the cumulative effects of such and there is no need for a Although the Agency had conducted a chemicals, see EPA’s Web site at http:// developmental neurotoxicity study or residential exposure assessment for www.epa.gov/pesticides/cumulative. additional UFs to account for previous fluxapyroxad actions, the neurotoxicity. Although an acute Agency completed an updated turf C. Safety Factor for Infants and Children neurotoxicity study showed decreased assessment to reflect an update in the 1. In general. Section 408(b)(2)(C) of rearing and motor activity, this occurred single maximum application rate from FFDCA provides that EPA shall apply on the day of dosing only in the absence 2.47 lb active ingredient (ai)/gallon to an additional tenfold (10X) margin of of histopathological effects or alterations 0.005 lb ai/gallon. The present safety for infants and children in the in brain weights. This indicated that any assessment assumed the following case of threshold effects to account for neurotoxic effects of fluxapyroxad are exposure scenarios: prenatal and postnatal toxicity and the likely to be transient and reversible due • Residential handler: The Agency completeness of the database on toxicity to alterations in neuropharmacology and assessed inhalation exposures to adults and exposure unless EPA determines not from neuronal damage. The Agency from applications only because based on reliable data that a different has low concern for neurotoxic effects of fluxapyroxad does not pose a dermal margin of safety will be safe for infants fluxapyroxad at any life stage. risk. Residential handler exposure is and children. This additional margin of iii. Based on the developmental and expected to be short-term in duration. safety is commonly referred to as the reproductive toxicity studies discussed Intermediate-term exposures are not FQPA Safety Factor (SF). In applying in Unit III.C.2., there are no residual likely because of the intermittent nature this provision, EPA either retains the uncertainties with regard to prenatal of applications by homeowners. default value of 10X, or uses a different and/or postnatal toxicity. • Post-application exposures: Dermal additional safety factor when reliable iv. There are no residual uncertainties exposures were not assessed because data available to EPA support the choice identified in the exposure databases. there is no identified systemic dermal of a different factor. The residue database is adequate. The hazard for fluxapyroxad. Post- 2. Prenatal and postnatal sensitivity. dietary risk assessment is conservative application inhalation exposure while No evidence of quantitative and will not underestimate dietary engaged in activities on or around susceptibility was observed in a exposure to fluxapyroxad. There are previously treated turf is generally not reproductive and developmental existing turf uses that were previously quantitatively assessed. The toxicity study in rats or in assessed and approved for combination of low vapor pressure for developmental toxicity studies in rats fluxapyroxad. The assessment will not chemicals typically used as active and rabbits. Developmental toxicity data underestimate residential exposure via

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handler for adults and incidental oral unit for short-term exposures, EPA has spectrometry (LC/MS/MS) method and for children. EPA made conservative concluded the combined short-term monitors two ion transitions. The Limit (protective) assumptions in the ground food, water, and residential exposures of Quantitation (LOQ) for BASF method and surface water modeling used to result in aggregate MOEs of 1,139 for L0137/01 is 0.01 ppm for various assess exposure to fluxapyroxad in adults and 431 for children. Because matrices. drinking water. EPA used similarly EPA’s level of concern for fluxapyroxad B. International Residue Limits conservative assumptions to assess post is a MOE of 100 or below, these MOEs application exposure of children as well are not of concern. In making its tolerance decisions, EPA as incidental oral exposure of toddlers. 4. Intermediate-term risk. seeks to harmonize U.S. tolerances with There are residential uses proposed for Intermediate-term aggregate exposure international standards whenever fluxapyroxad and the assessment will takes into account intermediate-term possible, consistent with U.S. food not underestimate residential exposure residential exposure plus chronic safety standards and agricultural via handler for adults and incidental exposure to food and water (considered practices. EPA considers the oral for children. to be a background exposure level). An international maximum residue limits intermediate-term adverse effect was (MRLs) established by the Codex D. Aggregate Risks and Determination of Alimentarius Commission (Codex), as Safety identified; however, fluxapyroxad is not registered for any use patterns that required by FFDCA section 408(b)(4). EPA determines whether acute and would result in intermediate-term The Codex Alimentarius is a joint chronic dietary pesticide exposures are residential exposure. Intermediate-term United Nations Food and Agriculture safe by comparing aggregate exposure risk is assessed based on intermediate- Organization/World Health estimates to the acute PAD (aPAD) and term residential exposure plus chronic Organization food standards program, chronic PAD (cPAD). For linear cancer dietary exposure. Because there is no and it is recognized as an international risks, EPA calculates the lifetime intermediate-term residential exposure food safety standards-setting probability of acquiring cancer given the and chronic dietary exposure has organization in trade agreements to estimated aggregate exposure. Short-, already been assessed under the which the United States is a party. EPA intermediate-, and chronic-term risks appropriately protective cPAD (which is may establish a tolerance that is are evaluated by comparing the at least as protective as the POD used to different from a Codex MRL; however, estimated aggregate food, water, and assess intermediate-term risk), no FFDCA section 408(b)(4) requires that residential exposure to the appropriate further assessment of intermediate-term EPA explain the reasons for departing PODs to ensure that an adequate MOE risk is necessary, and EPA relies on the from the Codex level. exists. chronic dietary risk assessment for The Codex has not established a MRL 1. Acute risk. Using the exposure evaluating intermediate-term risk for for fluxapyroxad. assumptions discussed in this unit for fluxapyroxad. acute exposure, the acute dietary V. Conclusion 5. Aggregate cancer risk for U.S. exposure from food and water to Therefore, tolerances are established population. As discussed in Unit III.A., fluxapyroxad will occupy 13% of the without a U.S. registration for residues EPA has classified fluxapyroxad as ‘‘Not PAD for children 1 to 2 years old, the of fluxapyroxad in or on banana at 3.0 likely to be Carcinogenic to Humans’’ population group receiving the greatest parts per million (ppm); coffee green based on convincing evidence that exposure. bean at 0.2 ppm; mango at 0.7 ppm; and carcinogenic effects are not likely below 2. Chronic risk. Using the exposure papaya at 0.6 ppm. a defined dose range. The Agency has assumptions described in this unit for determined that the quantification of VI. Statutory and Executive Order chronic exposure, EPA has concluded risk using the cPAD for fluxapyroxad Reviews that chronic exposure to fluxapyroxad will adequately account for all chronic from food and water will utilize 70% of This action establishes tolerances toxicity, including carcinogenicity that the cPAD for infants (<1 year old). under FFDCA section 408(d) in There are no residential use patterns could result from exposure to response to a petition submitted to the associated with the proposed uses in fluxapyroxad. Because the Agency has Agency. The Office of Management and this action; however, there are determined fluxapyroxad will not cause Budget (OMB) has exempted these types residential exposure from existing turf a chronic risk, the Agency concludes of actions from review under Executive uses that were previously assessed for that fluxapyroxad will not pose a cancer Order 12866, entitled ‘‘Regulatory fluxapyroxad. As a result, aggregate risk risk for the U.S. population. Planning and Review’’ (58 FR 51735, is represented by chronic dietary (food 6. Determination of safety. Based on October 4, 1993). Because this action and water) and residential exposure. As these risk assessments, EPA concludes has been exempted from review under reflected is these assessments, there are that there is a reasonable certainty that Executive Order 12866, this action is no risk concerns. no harm will result to the general not subject to Executive Order 13211, 3. Short-term risk. Short-term population, or to infants and children entitled ‘‘Actions Concerning aggregate exposure takes into account from aggregate exposure to fluxapyroxad Regulations That Significantly Affect short-term residential exposure plus residues. Energy Supply, Distribution, or Use’’ (66 chronic exposure to food and water IV. Other Considerations FR 28355, May 22, 2001) or Executive (considered to be a background Order 13045, entitled ‘‘Protection of exposure level). Fluxapyroxad is A. Analytical Enforcement Methodology Children from Environmental Health currently registered for uses that could There is a suitable residue analytical Risks and Safety Risks’’ (62 FR 19885, result in short-term residential method available for enforcement of April 23, 1997). This action does not exposure, and the Agency has fluxapyroxad tolerances for plants contain any information collections determined that it is appropriate to (BASF Methods L0137/01) which has subject to OMB approval under the aggregate chronic exposure through food been radio validated and has undergone Paperwork Reduction Act (PRA) (44 and water with short-term residential successful validation by an independent U.S.C. 3501 et seq.), nor does it require exposures to fluxapyroxad. Using the laboratory. There are liquid any special considerations under exposure assumptions described in this chromatography with tandem mass Executive Order 12898, entitled

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‘‘Federal Actions to Address does not impose any enforceable duty or PART 180—[AMENDED] Environmental Justice in Minority contain any unfunded mandate as Populations and Low-Income described under Title II of the Unfunded ■ 1. The authority citation for part 180 Populations’’ (59 FR 7629, February 16, Mandates Reform Act (UMRA) (2 U.S.C. continues to read as follows: 1994). 1501 et seq.). Since tolerances and exemptions that This action does not involve any Authority: 21 U.S.C. 321(q), 346a and 371. are established on the basis of a petition technical standards that would require ■ 2. In § 180.666, add alphabetically the under FFDCA section 408(d), such as Agency consideration of voluntary entries ‘‘Banana’’, ‘‘Coffee, green bean’’, the tolerance in this final rule, do not consensus standards pursuant to section ‘‘Mango’’, and ‘‘Papaya’’ to the table in require the issuance of a proposed rule, 12(d) of the National Technology paragraph (a), and add footnote 1 to the the requirements of the Regulatory Transfer and Advancement Act table to read as follows: Flexibility Act (RFA) (5 U.S.C. 601 et (NTTAA) (15 U.S.C. 272 note). seq.), do not apply. § 180.666 Fluxapyroxad; tolerances for This action directly regulates growers, VII. Congressional Review Act residues. food processors, food handlers, and food Pursuant to the Congressional Review (a) * * * retailers, not States or tribes, nor does Act (5 U.S.C. 801 et seq.), EPA will this action alter the relationships or submit a report containing this rule and Parts per distribution of power and other required information to the U.S. Commodity million responsibilities established by Congress Senate, the U.S. House of in the preemption provisions of FFDCA Representatives, and the Comptroller section 408(n)(4). As such, the Agency General of the United States prior to ***** has determined that this action will not publication of the rule in the Federal Banana 1 ...... 3.0 have a substantial direct effect on States Register. This action is not a ‘‘major or tribal governments, on the rule’’ as defined by 5 U.S.C. 804(2). ***** relationship between the national Coffee, green bean 1 ...... 0.2 government and the States or tribal List of Subjects in 40 CFR Part 180 governments, or on the distribution of ***** Environmental protection, Mango 1 ...... 0.7 power and responsibilities among the Administrative practice and procedure, various levels of government or between Agricultural commodities, Pesticides ***** the Federal Government and Indian and pests, Reporting and recordkeeping Papaya 1 ...... 0.6 tribes. Thus, the Agency has determined requirements. that Executive Order 13132, entitled Dated: October 24, 2016. ***** ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, Daniel J. Rosenblatt, 1 There are no U.S. registrations for this commodity as of November 8, 2016. entitled ‘‘Consultation and Coordination Acting Director, Registration Division, Office with Indian Tribal Governments’’ (65 FR of Pesticide Programs. * * * * * 67249, November 9, 2000) do not apply Therefore, 40 CFR chapter I is [FR Doc. 2016–26966 Filed 11–7–16; 8:45 am] to this action. In addition, this action amended as follows: BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 81, No. 216

Tuesday, November 8, 2016

This section of the FEDERAL REGISTER unnecessary requirements in the current FOR FURTHER INFORMATION CONTACT: Mr. contains notices to the public of the proposed regulations; establish program change Kerry Kehoe, Federal Consistency issuance of rules and regulations. The documentation that all states would Specialist, Office for Coastal purpose of these notices is to give interested adhere to; continue to ensure that Management, NOAA, at 240–533–0782 persons an opportunity to participate in the federal agencies and the public have an or [email protected]. rule making prior to the adoption of the final rules. opportunity to comment to NOAA on a SUPPLEMENTARY INFORMATION: state’s proposed change to its management program; and comply with I. Background DEPARTMENT OF COMMERCE the requirements of the CZMA and other Unless otherwise specified, the term applicable federal law. The proposed ‘‘NOAA’’ refers to the Office for Coastal National Oceanic Atmospheric rule also addresses comments submitted Management, within NOAA’s National Administration on the ANPR. Ocean Service. The Office for Coastal DATES: Comments on this notice must be Management formed in 2014 through 15 CFR Part 923 received by January 9, 2017. the merger of the Office of Ocean and [Docket No. 080416573–6895–02] ADDRESSES: You may submit comments Coastal Resource Management and the on this proposed rule, identified by Coastal Services Center. RIN 0648–AW74 NOAA–NOS–2016–0137, by either of The CZMA (16 U.S.C. 1451–1466) was enacted on October 27, 1972, to Changes to the Coastal Zone the following methods: • Electronic Submission: Submit all encourage coastal states, Great Lake Management Act Program Change electronic public comments via the states, and United States territories and Procedures Federal e-Rulemaking Portal commonwealths (collectively referred to AGENCY: Office for Coastal Management, www.regulations.gov. To submit as ‘‘coastal states’’ or ‘‘states’’) to be National Ocean Service, National comments via the e-Rulemaking Portal, proactive in managing the uses and Oceanic Atmospheric Administration first click the ‘‘Submit a Comment’’ resources of the coastal zone for their (NOAA), Department of Commerce icon, then enter NOAA–NOS–2016– benefit and the benefit of the Nation. (Commerce). 0137 in the keyword search. Locate the The CZMA recognizes a national ACTION: Proposed rule; request for document you wish to comment on interest in the uses and resources of the comments. from the resulting list and click on the coastal zone and in the importance of ‘‘Submit a comment’’ icon on the right balancing the competing uses of coastal SUMMARY: The National Oceanic and of that line. resources. The CZMA established the Atmospheric Administration (NOAA) • Mail: Submit written comments to National Coastal Zone Management wants to provide states and NOAA with Mr. Kerry Kehoe, Federal Consistency Program, a voluntary program for states. a more efficient process for making Specialist, Office for Coastal If a state decides to participate in the changes to state coastal management Management, NOAA, 1305 East-West program it must develop and implement programs (‘‘management programs’’). Highway, 10th Floor, N/OCM6, Silver a comprehensive management program NOAA proposes to revise the Coastal Spring, MD 20910. Attention: CZMA pursuant to federal requirements. See Zone Management Act (CZMA) program Program Change Comments. CZMA § 306(d) (16 U.S.C. 1455(d)); 15 change regulations and associated Instructions: Comments must be CFR part 923. Of the thirty-five coastal guidance (Program Change Guidance submitted by one of the above methods states that are eligible to participate in (July 1996) and Addendum (November to ensure that the comments are the National Coastal Zone Management 2013)) within our regulations. Under the received, documented, and considered Program, thirty-four have federally- CZMA, a coastal state may not by NOS. Comments sent by any other approved management programs. Alaska implement any amendment, method, to any other address or is currently not participating in the modification, or other change as part of individual, or received after the end of program. its approved management program the comment period, may not be An important component of the unless the amendment, modification, or considered. All comments received are National Coastal Zone Management other change is approved by the a part of the public record and will Program is that state management Secretary of Commerce under this generally be posted for public viewing programs are developed with the full subsection. Once NOAA approves the on www.regulations.gov without change. participation of state and local agencies, incorporation of a change into a All personal identifying information industry, the public, other interested management program, any new or (e.g., name, address, etc.) submitted groups and federal agencies. See e.g., 16 amended management program voluntarily by the sender will be U.S.C. 1451(i) and (m), 1452(2)(H) and enforceable policies are applied to publicly accessible. Do not submit (I), 1452(4) and (5), 1455(d)(1) and federal actions through the CZMA confidential business information, or (3)(B), and 1456. The comprehensive federal consistency provision. This otherwise sensitive or protected state management programs must proposed rule addresses the issues information. NOS will accept address the following areas pursuant to raised in NOAA’s Advanced Notice of anonymous comments (enter ‘‘N/A’’ in 15 CFR part 923: Proposed Rulemaking, 73 FR 29093 the required fields if you wish to remain 1. Uses Subject to Management (May 20, 2008) (ANPR) to: Provide a anonymous). Attachments to electronic (Subpart B); more efficient process for states and comments will be accepted in Microsoft 2. Special Management Areas NOAA to make changes to state Word or Excel, WordPerfect, or Adobe (Subpart C); management programs; remove PDF file formats only. 3. Boundaries (Subpart D);

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4. Authorities and Organization changes include whether the change state management program enforceable (Subpart E); and would: (1) Affect CZMA national policies. 5. Coordination, Public Involvement interest objectives; (2) attempt to II. Need for Revised Program Change and National Interest (Subpart F). regulate federal agencies, lands or Regulations NOAA approval is required for the waters, or areas outside state establishment of a state management jurisdiction; (3) be preempted by federal The current program change program. Once approved, changes to law; (4) discriminate against particular regulations, 15 CFR part 923, subpart H, one or more of the program management coastal users or federal agencies; (5) have been in place since the late 1970s. areas listed above, including new or include policies that are enforceable The CZMA was revised in 1990, in part, revised enforceable policies, must be under state law; and (6) raise issues to place greater emphasis on state submitted to NOAA for approval under the National Environmental management program enforceable through the program change process. Policy Act (NEPA), Endangered Species policies. This has led to an increase in Program changes are important for Act (ESA), Marine Mammal Protection the number of program changes several reasons: The CZMA requires Act (MMPA), National Historic submitted to NOAA and the workload states to submit changes to their Preservation Act (NHPA), Magnuson for state and federal staff. States and programs to NOAA for review and Stevens Fisheries Conservation and NOAA have, therefore, recognized the approval (16 U.S.C. 1455(e)); state Management Act (MSFCMA) or other need to clarify the program change programs are not static—laws and issues federal laws. procedures and to provide a more change, requiring continual operation of NOAA review and approval of administratively efficient submission the CZMA state-federal partnership; and program changes is also important and review process. In 1996, NOAA the CZMA ‘‘federal consistency’’ because the CZMA provides for federal made minor revisions to the regulations provisions require that federal actions agency and public participation in the and also issued program change that have reasonably foreseeable coastal content of a state’s management guidance that further described program effects be consistent with the program. NOAA can only approve change requirements. In 2013, NOAA enforceable policies of federally- management programs and changes to issued an addendum to the 1996 approved management programs. The management programs after federal program change guidance for added state-federal partnership is a agencies and the public have an clarification. Over the years, states and cornerstone of the CZMA. The primacy opportunity to comment on the content NOAA have, at times, found the of state decisions under the CZMA and of the program change. Within the regulations difficult to interpret. For compliance with the CZMA federal context of the CZMA federal example, there has been confusion consistency provision is balanced with consistency provisions, an enforceable about determining: When a program adequate consideration of the national policy is a state policy that has been change is ‘‘routine’’ versus an interest in CZMA objectives; the incorporated into a state’s federally- ‘‘amendment;’’ when a program change opportunity for federal agency input approved management program, is is ‘‘substantial;’’ what level of state into the content of state management legally binding under state law (e.g., analysis is required; what level of detail programs; NOAA evaluation of through constitutional provisions, laws, is needed for a policy to be enforceable; management programs and NOAA regulations, land use plans, ordinances, and what can be approved as an review and approval of changes to or judicial or administrative decisions), enforceable policy. management programs. and by which a state exerts control over In establishing and maintaining their private and public coastal uses and III. Objectives of the Proposed Rule federally-approved management resources. See 16 U.S.C. 1453(6a) and 15 NOAA’s objectives in revising the programs, states must consider national CFR 930.11(h) (enforceable policy). This program change regulations are to: interest objectives of the CZMA in means that enforceable policies must be 1. Establish a clear, efficient and addition to state and local interests. The given legal effect by state law and transparent process for program change national interest objectives of the CZMA cannot apply to federal lands, federal review; include: waters, federal agencies or other areas or 2. Describe approval criteria and how • Effective management, beneficial entities outside a state’s jurisdiction, these apply; use, protection and development of the unless authorized by federal law. Also, 3. Use terminology from the CZMA, coastal zone (16 U.S.C. 1451(a)); the CZMA § 307 federal consistency including time lines and extensions; • important ecological, cultural, provision requires that state enforceable 4. Eliminate the distinction between historic and esthetic values of the policies are the standards that apply to ‘‘routine program changes (RPCs)’’ and coastal zone are essential to the well- federal agency activities, federal license ‘‘amendments.’’ This would remove the being of all citizens (16 U.S.C. 1451(d)); or permit activities, outer continental program change analysis currently done • anticipating and planning for the shelf plans and federal financial by states to determine if a change is effects of climate change (16 U.S.C. assistance activities. 16 U.S.C. 1456; see substantial, and therefore an 1451(l)); also 15 CFR 930.11(h). Therefore, amendment, and instead require states • managing coastal development to federal agencies and the public must to describe the nature of the program minimize the loss of life and property have an opportunity to review proposed change and indicate whether the state caused by improper development and substantive changes to a state’s believes the program change would coastal storms (16 U.S.C. 1452(2)(B)); enforceable policies. impact CZMA program approvability and Program changes are also important areas, national interest objectives, or • giving priority consideration to because the CZMA federal consistency compliance with other federal laws. The coastal-dependent uses and orderly provision applies only if the federal distinction between RPCs and processes for siting major facilities action has reasonably foreseeable amendments, and the substantiality related to national defense, energy, coastal effects and a state has applicable analyses by states are administrative fisheries, recreation, and ports and policies approved by NOAA that are and paperwork burdens with little or no transportation (16 U.S.C. 1452(2)(D)). legally enforceable under state law. It is benefit; Some of the important issues NOAA therefore important for states to submit 5. Continue to determine on a case-by- must consider when evaluating program to NOAA for approval timely updates to case basis the appropriate level of NEPA

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analysis warranted. With over 35 years provisions, land use regulations and still satisfies CZMA and NOAA of reviewing program changes, NOAA maps, Oregon suggests two alternatives: approval requirements. has determined that the vast majority of Alternative A—NOAA would allow a In response to the Navy, NOAA program changes do not, for purposes of state to determine that a change in local believes that all of the Navy’s NEPA, significantly affect the human enforceable policies is consistent with recommendations have been met in the environment; the underlying enforceable policies of proposed rule regarding use of both 6. Encourage states to use underline/ state statute or rule that were previously state and NOAA Web sites and listservs strikeout documents for program change approved by NOAA. A state would to provide notice of and access to submissions to show changes to submit an annual summary of local program changes and NOAA’s decisions previously approved policies; amendments that are consistent with as well as relevant timeframes and 7. Create a program change form that underlying state enforceable policies, decision dates that are dictated all states would use to submit changes along with the dates of approval by the primarily by statute. to NOAA, easing state and NOAA state management program of the 2. Describing clearer approval/ paperwork burdens, promoting more changes; or, disapproval criteria and how these consistent submissions and NOAA Alternative B—NOAA and each state apply. analyses, and expediting NOAA’s would enter into a Memorandum of Comments: All commenters support review; Understanding that specifies the this objective. NOAA’s decision criteria 8. Use a NOAA ‘‘Program Change Web conditions under which a state would need to be clearly defined (BCDC). site’’ through which NOAA would submit changes to local statutes and The only applicable criteria should be electronically post program changes and administrative rules and regulations, that (1) the program continues to meet public comments received, and notify and local enforceable policies. the standards set forth in section 306 of federal agencies and the public of the The Navy made various the CZMA, and (2) that the revised status of program changes; and recommendations: program does not place an unacceptable burden on a federal agency operating in 9. Require states to post program 1. Develop specific and reasonable the coastal zone (CSO, Oregon). change public notices on the state’s timelines that allow sufficient time for Allow state policies to refer to state management program Web site. review, and set timelines for related and allowable federal codes and issues such as extensions, preliminary In addition, the current regulations at regulations without including the full approvals, and requesting mediation; 15 CFR part 923, subpart H, include text of those authorities (Delaware). ‘‘termination of approved management 2. The public should be provided NOAA Response: NOAA has programs.’’ However, sanctions to and immediate notice of proposed and final described its program change decision termination of management programs program changes; criteria in proposed § 923.84 and are described in detail in Subpart L— 3. Impose a new requirement for believes that the proposed criteria, as Review of Performance. Therefore, the states to assist with notification of the well as the program change proposed changes to subpart H would public and federal agencies that may documentation and form, will clearly no longer include termination of wish to review proposed changes; and define the NOAA decision process. approved management programs. 4. Use modern information NOAA disagrees that its only approval technology by providing that posting the Comments on Advanced Notice of criteria should be a finding that the proposed changes on the Internet, when Proposed Rulemaking program continues to meet the program combined with an email notification approval criteria and does not place an Comments were submitted on the roster (listserv), serves as official unacceptable burden on federal ANPR by the Coastal States notification. Create Web sites that agencies. NOAA believes that in order Organization (CSO), the U.S. Navy, the include the state’s proposed text, NOAA to meet its obligations under the CZMA, San Francisco Bay Conservation and decisions and NEPA documents and the proposed decision criteria, which Development Commission (BCDC) and links to state management programs. NOAA has been using as a matter of the states of Delaware and Oregon. Most NOAA Response: NOAA believes that policy and practice for many years, are of the comments received on the ANPR the proposed program change needed to comply with the CZMA and supported NOAA’s objectives and some regulations meet the proposal by Oregon Congressional intent for NOAA comments offered suggestions for how for minor changes to state management oversight. In addition, determining what some of these objectives might be programs. A state could submit program would be an ‘‘unacceptable burden’’ on achieved. NOAA presented eight points changes as they occur or on a cyclical federal agencies would be subjective at in the ANPR to help focus comments. basis (twice a year, once a year, etc.) and best; rather, NOAA’s decision criteria These eight points and the comments NOAA has included this in the provide a more objective and legally submitted to NOAA are discussed proposed rule at § 923.81(a). NOAA sound basis on which to evaluate state below. believes that Oregon’s proposal for local program changes. 1. Establishing a clearer and more plans and policies: (1) Is not compatible NOAA also disagrees that states efficient and transparent process for with the CZMA requirement that states should be able to impose standards ‘‘by program change review. submit program changes to NOAA for reference’’ when those referenced Comments: All commenters support review and approval (16 U.S.C. 1455(e)); standards have not been subjected to the this objective. (2) would not provide adequate program change process, NOAA review For minor changes to enforceable opportunity for NOAA to determine if and opportunity for federal agency and policies, local plans, etc., a simplified the local policies are consistent with the public comment. approach could be an annual report to decision criteria described in § 923.84; 3. Using the simpler statutory NOAA using a NOAA form/checklist and (3) would not provide adequate language, including time lines, that would describe the change, scope of opportunity for federal agency or public extensions, and preliminary approval. the change and impacts to enforceable comment. NOAA believes that the Comments: All commenters support policies (Oregon). program change submission process in this objective. For changes to local enforceable proposed § 923.82 provides an NOAA Response: No response policies such as comprehensive plan alternative for Oregon’s proposal and needed.

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4. Keeping the ‘‘routine’’ concept to provide an opportunity for federal 5. Removing the ‘‘substantial’’ streamline the process for truly routine agencies to comment on all program evaluations currently done by states and changes, but do away with ‘‘routine changes. At the same time, replacing such evaluations with a program changes (RPCs)’’ and administrative burdens on states and description of what the change is to the ‘‘amendments’’ and replace with just NOAA will be lessened. program. Further evaluations (by states ‘‘program changes.’’ NOAA’s proposed removal of the or NOAA) would be for specific CZMA, Comments: The commenters support distinction between routine changes and NEPA, ESA, NHPA, etc., purposes, e.g., keeping the routine concept and amendments is based on NOAA’s is an EA or EIS, or ESA consultation eliminating amendments. The level of review of almost one thousand changes needed. analysis should be tailored to fit the to management programs over the past Comments: BCDC, CSO, Delaware, complexity of the change to the state’s thirty-five years. The vast majority of Oregon support removing the program; assigning labels or categories these changes were modifications to ‘‘substantial’’ evaluations. to changes does not add to the process existing parts of NOAA approved Much of the difficulty in the current (BCDC, CSO, Delaware, Oregon). management programs. In only a few procedure for compiling and submitting The Navy welcomes NOAA’s instances did NOAA prepare an program changes stems from the initiative towards improving the Environmental Assessment (EA) and requirement for a detailed comparison transparency and ease of the coastal Finding of No Significant Impact of old and new versions of state laws, zone management program change (FONSI) and even rarer an state rules and regulations, and local review and approval process. The Navy Environmental Impact Statement (EIS). comprehensive plans and ordinances. supports NOAA’s suggestion that truly The determining factors in the few While this side-by-side comparison may routine program changes be identified instances when NOAA prepared an EA have some utility, it turns out to have and their handling streamlined. or EIS, were the magnitude of the little or no practical value to either However, the Navy supports a separate change proposed by a state, usually NOAA or the state, and has become a process for amendments (substantial involving a major new component to the barrier to making federal consistency changes) so that affected federal management program or a major change determinations that reflect current agencies can comment on the proposals. in focus to the existing management conditions (Oregon). The Navy stated that NOAA should program. Most of these also involved For substantial changes, NOAA review the types of changes that have controversial positions by the state. should also provide a Federal Register been approved over recent years and From 1977 to March 2016, there have Notice to ensure that the public develop a list of examples deemed to be been approximately 862 changes to understands what changes are proposed. routine, and NOAA should use the list management programs approved by This provides agency personnel who to prepare descriptive criteria for NOAA. Less than 2.5 percent, about may not be included on an email list or routine changes. twenty, were amendments; listserv with the opportunity to NOAA Response: Consistent with the approximately 842 were RPCs. Seventy- comment and express their concerns comments from BCDC, CSO, Delaware five percent of the amendments (about (Navy). and Oregon, the program change fifteen) were before 1990 and many of NOAA Response: NOAA does not regulations will eliminate the these were for the addition of energy believe that Federal Register notices, in distinction between ‘‘routine program facility siting plans required by an general, are needed, especially since changes’’ and ‘‘amendments.’’ States amendment to the CZMA. For five of the NOAA will be making program changes will be required to use a program amendments NOAA prepared an EIS and related notices publicly available on change form to identify the changes (1998, 1991, 1997, 2004 and 2004) and its new ‘‘Program Change Web site.’’ being submitted for approval. The level two of these included informal ESA Through the Web site, federal agencies of effort needed by NOAA to review consultation. For fourteen of the and the public will be able to sign up changes will correspond to the type of amendments NOAA prepared an EA to receive program change notices from changes proposed. All program changes and FONSI. Of the approximately 842 NOAA. However, where there is a major will be submitted using the same RPCs, NOAA prepared an EA and change in a state’s management program process, which will eliminate the need FONSI for two of them. that may require a separate EA or EIS, for states to make the former distinction State CZMA management programs NOAA may decide to publish notices in between amendments and routine are comprehensive programs that, when the Federal Register. program changes. Using the same they are being developed, undergo 6. Establishing use of NEPA process, in addition to a program change extensive review by states, NOAA, categorical exclusions. form, should make program change federal agencies and the public, Comments: CSO and the state of submissions and review more efficient including environmental review and an Oregon support this goal, but note that for state and NOAA staff. Program EIS under NEPA. In most instances it requires further explanation. changes identified in proposed changes to management programs have The Navy recommended that NOAA § 923.82(b) will be reviewed by NOAA added further details to the previously consider, pursuant to 15 CFR in a more expedited manner. approved management program and 930.33(a)(3), developing a list of NOAA believes it has met the Navy’s have not presented issues not universal de minimis activities based on objectives without needing to use the considered during initial program NEPA categorical exclusions and on current distinction between routine approval and subsequent program existing federal activity de minimis lists program changes and amendments. As changes. Under NOAA’s current that have been approved by state explained elsewhere in the proposed program change regulations and agencies, retaining the ability of states rule, this distinction is unnecessary and guidance these would be routine and federal agencies to mutually agree the history of program changes shows program changes (RPCs) and not on additional de minimis activities. that most changes are routine. substantial changes, or amendments. States could modify the universal de Moreover, under the proposed program NOAA intends to eliminate the minimis lists by adding mitigating or change regulations, NOAA will provide distinction between RPCs and compliance conditions. Such additions access to program change materials, amendments and just have ‘‘program should be subject to the change review send notices to federal agencies, and changes.’’ procedures.

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NOAA Response: NOAA will NOAA’s new ‘‘Program Change Web § 923.81 Program Change Procedures, determine on a case-by-case basis the site.’’ Deadlines, Public Notice and Comment appropriate level of NEPA analysis and Application of Federal Consistency warranted for the action. NOAA has IV. Explanation of Proposed Changes to the CZMA Program Change Regulations This section sets forth various determined that, when applicable, a procedures for submitting program more appropriate process for NEPA § 923.80 General changes. compliance may be use of a categorical Paragraph (a). Program changes must exclusion. This section describes the general be submitted by the Governor of a In response to the Navy’s novel requirements for program changes. coastal state, the head of the single state approach to using the de minimis Paragraph (a) states that the term agency designated under the provision of NOAA’s federal ‘‘program changes’’ includes all terms management program to be the lead consistency regulations, NOAA does not used in the statute, CZMA § 306(e), and state agency for administering the believe it could impose such a list of de identifies the Office for Coastal CZMA, or the head of an office within minimis activities. NOAA does, Management as the NOAA office that the designated single state agency if the however, encourage federal agencies to administers these regulations. Paragraph state has authorized that person to propose de minimis activities and (b), derived from CZMA § 306(e), states submit program changes. submit these to the coastal states for that a coastal state may not implement NOAA would no longer require states their concurrence under the federal a change as part of its management to mail hard copies of program changes. consistency provision. See 15 CFR program until NOAA approves the Rather, all program changes would be 930.33. program change. Similarly, a coastal submitted through the new Program 7. Submitting underline/strikeout state may not use a state or local Change Web site or through an documents showing changes to government policy or requirement as an alternative method, agreed to by the previously approved policies. ‘‘enforceable policy’’ for purposes of state and NOAA, if an electronic Comments: BCDC supported the use federal consistency unless NOAA has submission through the Web site is not of underline/strikeout documents, but approved the state or local policy or possible. stated that NOAA should provide requirement as an ‘‘enforceable policy.’’ All deadlines and timeframes would flexibility to account for multiple and start on the first full business day after State or local government law not large-scale changes to a policy over NOAA receives a program change (Day approved by NOAA as part of a state’s time, large documents, etc. 1). For example, if a submission is management program remain legal CSO found this to be an unnecessary received on a Thursday, Day one for and overly burdensome requirement. requirements for state and local timeline purposes would be Friday; if CSO stated that there may be instances government purposes, but will not be the day of receipt is Friday and Monday where such a technique is employed to part of a state’s management program is a federal holiday, Day 1 would be clearly explain a program change, but and, therefore, cannot be used for Tuesday. All days, starting with Day 1, this is more appropriately an available CZMA federal consistency purposes. are included in the calculation of total tool, rather than a strict requirement. Paragraph (d) states that the term time for a deadline, including weekends The Navy suggested that NOAA ‘‘enforceable policies’’ has the same and federal holidays. States may request require submission of underline/ definition as that included in NOAA’s that the official start date occur at a later strikeout documents showing changes to CZMA federal consistency regulations at time; this is an administrative previously approved documents. 15 CFR 930.11(h). NOAA has added convenience NOAA has allowed states NOAA Response: NOAA encourages enforceable policy decision criteria in to use in the past to account for various states to use underline/strikeout proposed § 923.84. These criteria have state administrative purposes. documents but recognizes that such been included in NOAA guidance and Paragraph (b). NOAA shall confirm documents are not always practicable. information documents and have been receipt of all program changes and 8. Creating a program change part of long-standing NOAA future deadlines. During NOAA’s checklist that states would submit to review of a program change, NOAA may implementation of program changes and ease state and NOAA paperwork request additional information that it enforceable policies. See, e.g., NOAA’s burdens and promote consistent needs to make its decision. submissions and NOAA analyses. Program Change Guidance (July 1996) Paragraph (c). This paragraph sets Comments: All commenters support (http://coast.noaa.gov/czm/consistency/ forth the deadlines NOAA must follow this objective. One item on this media/guidanceappendices.pdf) and in responding to state program change checklist would be formal notification NOAA’s Federal Consistency Overview requests. The deadlines in paragraph (c) of federal agencies about program document (http://www.coast.noaa.gov/ are the same as NOAA’s current practice changes. In addition, CSO and Oregon czm/consistency/media/FC_overview_ and clarify a discrepancy that exists in suggested that a list of federal agencies 022009.pdf). the current program change regulations and points of contact for notice of Paragraph (e) notes that the and the CZMA. NOAA is required by program changes updated and submission of program changes may be the Act to respond within 30 calendar maintained by NOAA would greatly required as a necessary action under days of receipt of a program change improve this step in the process. NOAA NOAA’s evaluation of management request. The 30-day period starts on Day Response: Through the federal programs under CZMA § 312 and 15 1 (the first full business day after receipt consistency Web site and the CFR part 923, subpart L. Failure to of a program change request). If NOAA developing program change Web site comply with a necessary action to does not respond within the 30-day there are and will be federal agency submit a program change can result in period, then NOAA’s approval is contacts maintained by NOAA. See presumed. NOAA may extend its review a suspension of CZMA grants pursuant http://www.coast.noaa.gov/czm/ period up to 120 days after receipt of a to CZMA § 312 and the subpart L consistency/. In addition, federal program change request, if NOAA so agencies and the public will be able to regulations. notifies the state during the 30-day view program changes posted to period. NOAA may continue to extend

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its review period up to 120 days and can at the time the federal action is geographic location descriptions outside extend beyond 120 days for NEPA proposed under the various subparts of the coastal zone, necessary data and compliance; NOAA would have to 15 CFR part 930. Applying newly information); new or revised coastal notify the state of the NEPA extension approved program changes retroactively uses; changes in the coastal zone during the 120-day review period. to proposed federal actions would be boundary; program approval authorities; Paragraph (d). This paragraph codifies contrary to Congressional intent that and special area management plans. the current practice of pre-submission federal consistency apply in an Paragraph (c)(4), recognizes that for consultation with NOAA to identify any expeditious and timely manner, and some states with local coastal programs potential approval issues prior to could impose unfair requirements on or plans, the state can respond to federal submitting a program change applicants and federal agencies. consistency reviews without having to submission. States are encouraged to refer to the local programs or plans. In submit draft program changes to NOAA § 923.82 Program Change Submissions such cases, while the local programs for informal review and to consult with The changes described in § 923.82(b) and plans are important implementing NOAA, to the extent practicable, prior are editorial or are minor in scope, both mechanisms for coastal management in to state adoption of new or revised laws, procedurally and substantively. These the state, states do not need to submit policies and other provisions that the changes are not controversial and pose updates to the local programs or plans state intends to submit as a program little or no impact on federal agencies or if they do not contain enforceable change. the public. Therefore, NOAA’s review of policies for federal consistency Paragraph (e). NOAA is simplifying changes under § 923.82(b) would be purposes. This would remove the the public notice and comment expedited. substantial administrative burden for procedures for program changes. Given Paragraphs (b)(1) through (4) describe states and NOAA to submit and review the reliance on electronic means of program changes that are either editorial local coastal programs. communication and the demise of hard in nature or are minor in scope, both Paragraph (d) addresses changes to copy notices in newspapers and other procedurally and substantively. state Clean Air Act (CAA) and Clean formats, all states would be required to Paragraph (b)(1) addresses editorial or Water Act (CWA) Pollution Control post public notices on state management non-substantive changes to state laws, Requirements. CZMA § 307(f) states that program’s Web site and directly email or regulations, enforceable policies, local CAA and CWA requirements mail notices to applicable local and government coastal programs or plans established by the Federal Government regional offices of relevant federal that contain enforceable policies, and or by any state or local government agencies, federal agency headquarter other authorities. Paragraph (b)(2) pursuant to the CWA and CAA shall be contacts, affected local governments and covers changes to special area incorporated in state management state agencies, and any individuals or management plans that do not change a programs and shall be the water groups requesting direct notice. NOAA’s state’s coastal zone boundary, pollution control and air pollution program change review period would enforceable policies or geographic control requirements applicable to such not begin until such notice is provided. location descriptions, and are not management program. NOAA’s long- NOAA will also post the state notices on otherwise used by the state for federal standing interpretation of 307(f) has its Program Change Web site and consistency review. Paragraph (b)(3) been that these CWA and CAA pollution directly notify via email federal agency covers most organizational changes control requirements are automatically headquarter contacts and any other where the primary structure and enforceable policies of the state individual or group requesting direct responsibilities of the management management programs and, therefore, notice. The state’s public notice would remain intact. NOAA will closely states are not required to submit as describe the program change, any new monitor organizational changes to program changes any changes to state or modified enforceable policies, and ensure that major overhauls of a state’s CAA and CWA provisions. indicate that any comments on the management program structure would § 923.83 Program Change Materials program change shall be submitted to not weaken a coastal program. NOAA. NOAA will post the program Paragraph (b)(4). Most program Section 923.83 describes all the change and all NOAA decisions on its changes, even those that result in some program change information a state Web site and notify federal agency substantive change to a management would submit to NOAA. These headquarter contacts and other program, have historically been routine requirements are self-explanatory. individuals or groups requesting and non-controversial, and have not NOAA intends to transform each of notification. NOAA may extend the posed any approval issues or resulted in these paragraphs into a form that would, public comment period. any comments from federal agencies or to the greatest extent practicable, use Paragraph (f). This paragraph states the public. NOAA’s review of these check-boxes or ‘‘radio-buttons,’’ and that program changes to enforceable types of program changes should be require minimal text input. While the policies can only be applied for CZMA expedited so long as these minor same form would be used for all federal consistency review purposes on substantive changes would only apply program changes, there would be less or after the date NOAA approves the to revised enforceable policies, not information needed for those changes changes. The effective date for the wholly new enforceable policies, and that fall under § 923.82(b). approved changes will be the date on the changes are consistent with the Paragraph (a)(2)(vi) codifies NOAA NOAA’s approval letter. NOAA will scope and application of the previously interpretation and long-standing post its program change decision letters approved enforceable policy. practice of the term ‘‘enforceable on its Program Change Web site. This The types of program changes under mechanism.’’ An enforceable section would also codify in regulation § 923.82(c) are self-explanatory and mechanism is the state legal authority NOAA’s long-standing position that a include: any changes that are not that makes a state policy enforceable state enforceable policy cannot apply covered under § 923.82(b) and would be under state law. In order to be an retroactively to previously proposed used for federal consistency purposes ‘‘enforceable policy,’’ CZMA § 304(6a) federal actions; proposed federal actions (new or revised enforceable policies, requires that the policies be legally are only subject to the management changes to state lists of federal actions binding under state law. NOAA has program enforceable policies approved subject to federal consistency review, interpreted this to mean that the

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enforceable policy must be incorporated An enforceable policy should contain Paragraph (c) codifies long-standing into the state’s NOAA-approved terms such as ‘‘shall,’’ ‘‘must,’’ or other NOAA practice and guidance when management program, but the terms interpreted under state law that previously NOAA-approved enforceable underlying enforceable mechanism does mandate some action or compliance. policies are no longer enforceable for not necessarily have to be incorporated Paragraph (b) also clarifies that it does purposes of federal consistency review. into a state’s management program or not always make sense to parse out the If an underlying enforceable submitted for NOAA approval. Some enforceable policies within a statute or mechanism, e.g., a state law, is repealed enforceable mechanisms are integral regulation that also contain parts that or changed in such a way so that an parts of the management program or are are necessary details for applying enforceable policy is no longer needed for NOAA approval of a state’s enforceable policies even though not supported by the law, or a court management program and changes to enforceable themselves. This includes determines a policy is not enforceable, these enforceable mechanisms would be definitions, procedures, and information then the policy is no longer legally submitted to NOAA as program changes requirements that are essential elements binding under state law and could no (e.g., core management program statutes, of interpreting the substantive standards longer be used for federal consistency regulatory permit programs that and determining consistency with the purposes. The same applies if a policy implement a part of a management standards. Therefore, in some cases previously approved by NOAA is program). States need to identify the NOAA may find that a statute or subsequently preempted by federal law enforceable mechanism for each regulation in its entirety is enforceable. or impacted by a court decision. enforceable policy. This is needed not Paragraph (b) also clarifies that Paragraph (d) describes NOAA criteria only so NOAA can concur that a state enforceable policies must: Apply to for states to amend their lists of federal policy is legally binding under state areas and entities within state actions subject to federal consistency law, but an enforceable mechanism may jurisdiction; not assert regulatory review and to propose geographic be changed in such a way that makes an authority over federal agencies, lands or location descriptions (GLDs) to review enforceable policy no longer legally waters unless federal law authorizes federal actions outside the coastal zone, binding under state law. In such cases, such jurisdiction; not be preempted on either landward or seaward. This that policy, while previously approved their face by federal law; not attempt to paragraph focuses on the need for a state by NOAA as part of the state’s incorporate by reference other state or to make an adequate justification based management program, would no longer local mandatory requirements not on reasonably foreseeable effects to the be an enforceable policy that could be submitted to, reviewed, and approved state’s coastal uses or resources. For used for federal consistency purposes. by NOAA; not discriminate against a NOAA to find that an activity in a States are encouraged to show the particular activity or entity; and not proposed GLD outside the coastal zone changes, additions and deletions to adversely affect the national interest in may have coastal effects, a state must enforceable policies using an underline/ the CZMA objectives. show that the impact from an activity strikeout format or other similar format. For example, if a state is concerned will have a reasonably foreseeable effect If a state uses an underline/strikeout about having policies that would apply to coastal uses or resources of the state. format, the state should only show the to offshore oil and gas activities, the A state’s burden to demonstrate coastal changes from the version of the policy state would need to develop policies effects means that a mere assertion that last approved by NOAA and the most that would apply to any activity or an activity in federal waters will have current version that is being submitted industry that would have similar coastal an impact is insufficient to make a to NOAA; a state does not need to show effects; the state could not single out finding of reasonably foreseeable coastal any changes to the policy that might offshore oil and gas unless there are effects. Moreover, a state’s effects have been made in between NOAA’s specific activities or coastal effects that analysis must provide more than general last approval and the current version. only apply to the offshore oil and gas assertions of impacts or that resources States are also encouraged to post industry. Likewise, if a state wants to or uses are ‘‘important,’’ or should be comprehensive lists of the enforceable promote marine renewable energy in its reviewed because of the proximity of an policies to the state’s coastal enforceable policies, it may do so, but activity to state coastal uses or management program Web site. could not at the same time prohibit resources. A persuasive coastal effects other forms of energy development § 923.84 Program Change Decision analysis should identify: without sufficient justification. Blanket Criteria 1. The affected uses (e.g., commercial prohibitions are generally not approved and recreational fishing, boating, The decision criteria in this section by NOAA as part of a state’s tourism, shipping, energy facilities) and are taken from the current Program management program unless a state resources (e.g., fish, marine mammals, Change Guidance (1996) and NOAA’s provides sufficient justification. NOAA reptiles, birds, landmarks). Federal Consistency Overview will not approve proposed enforceable 2. Where and in what densities the document. NOAA has applied these policies which can be applied in an uses and resources are found. criteria since at least 1996 when arbitrary or in a discriminatory manner. 3. How the state has a specific interest reviewing program change requests. An enforceable policy cannot prohibit in the resource or use. Be specific in These criteria are generally self- an activity due to the nature of its showing their connection to the coastal explanatory and states would use a effects, e.g., potential marine mammal zone of the state (e.g., economic values, program change form to be developed ship strikes, if other activities pose the harvest amounts, vulnerabilities, by NOAA to assess whether these same kind and degree of risk and are not seasonal information relevant to the criteria are satisfied. For enforceable prohibited. There must be a sufficient proposed activity). policies under paragraph (b) of this justification for discriminatory policies. 4. Where the proposed activity section, a policy must contain a NOAA would evaluate such proposed overlaps with these resources, uses and standard; if a provision of a state law or program changes to determine if such values. regulation merely directs a state agency discrimination is warranted and also 5. Impacts to the resources or uses to develop standards, then that whether a prohibition of an activity from the proposed activity. provision would not be an enforceable would violate the national interest 6. The causal connection to the policy as it does not contain a standard. objectives of the CZMA. proposed activity, including how any

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impacts from the activity results in If a state submits a program change, state, provide a mechanism for it to reasonably foreseeable effects on the NOAA can approve or disapprove that object to federal actions that are not state’s coastal uses or resources. program change. When NOAA reviews consistent with the state’s management 7. Why any proposed mitigation may a program change, NOAA has a limited program. A state objection prevents the be inadequate. ability to require a state to make changes issuance of the federal permit or license, 8. Empirical data and information that to state policies. If NOAA disapproves, unless the Secretary of Commerce supports the effects analysis and can be this does not require a state to change overrides the objection. Because the shown to be reliable; visualizes the state law. Therefore, there is no effect CZMA and these regulations promote affected area, resources and uses with from NOAA’s denial on the the principles of federalism and maps; and shows values, trends and implementation of state law at the state enhance state authorities, no federalism vulnerabilities. (or local government) level. NOAA’s assessment need be prepared. denial means the disapproved state § 923.85 Procedural Requirements of Executive Order 12866: Regulatory policy is not part of the state’s NOAA Other Federal Law Planning and Review approved management program and This section describes compliance cannot be used for CZMA federal This regulatory action is not and consultations under other federal consistency purposes. NOAA cannot significant for purposes of Executive law such as ESA, NHPA, MSFCMA or use a program change to require changes Order 12866. MMPA. This has to do with the nature to other parts of a state’s management of NOAA’s action in approving a Regulatory Flexibility Act program. program change, in that NOAA can The Chief Counsel for Regulation for approve or deny a program change, but VI. Miscellaneous Rulemaking the Department of Commerce has cannot affect the state’s ability to enact Requirements certified to the Chief Counsel for a law and implement it at the state level. Executive Order 12372: Advocacy of the Small Business NOAA’s approval of any state or local Intergovernmental Review Administration that the proposed rule, provisions as enforceable policies of the if adopted, would not have a significant state’s management program means This program is subject to Executive economic impact on a substantial those provisions can be used during a Order 12372. number of small entities. The term state’s CZMA federal consistency Executive Order 13132: Federalism ‘‘small entity’’ includes small review. Assessment In addition, it is important to businesses, small organizations, and understand the nature of NOAA’s NOAA has concluded that this small governmental jurisdictions. The discretion for the review and approval regulatory action is consistent with Regulatory Flexibility Act (RFA) defines of program changes when informally or federalism principles, criteria, and a small jurisdiction as any government formally consulting on Endangered requirements stated in Executive Order of a district with a population of less Species Act, other federal consultations 13132. The proposed changes in the than 50,000. and addressing tribal concerns. program change regulations are The existing regulations do not have The CZMA is not a delegated intended to facilitate federal agency a significant economic impact on a program; there are not federal CZMA coordination with coastal states, and substantial number of small entities standards, there is not a federal coastal ensure compliance with CZMA and, thus, these clarifying changes will zone, and NOAA does not implement requirements. The CZMA and these not result in any additional economic management programs. The CZMA is a revised implementing regulations impact on affected entities. The voluntary program and if a state chooses promote the principles of federalism proposed rule revises provisions of the to participate it develops a management articulated in Executive Order 13132 by program change regulations to provide program unique to each state, based on granting the states a qualified right to for a more effective and efficient process state laws and policies pursuant to amend their federally-approved for states to amend their management general program requirements in the management programs to address programs, NOAA to review the CZMA and NOAA’s regulations. activities that affect the land and water proposed changes, and for federal Once NOAA approves a state’s uses or natural resources of state coastal agencies and the public to comment. management program, NOAA cannot zones and to apply these amended The program change regulations, and require a state to change its program. management programs to federal actions the proposed rule, primarily affect NOAA can, through periodic through the CZMA federal consistency states; the proposed changes do not evaluations of a state’s management provision. CZMA § 307 and NOAA’s impose any requirements on small program under CZMA § 312, establish implementing regulations (15 CFR part entities. necessary actions if NOAA finds a state 930) balance responsibilities between The existing regulations do not, and is not adhering to its NOAA-approved federal agencies and state agencies the proposed rule will not, if adopted, program, but NOAA can only whenever federal agencies propose have a significant economic impact on recommend that a state change its activities, or applicants for a required a substantial number of small entities. program to create a different state federal license or permit propose to Accordingly, an Initial Regulatory standard or to address emerging issues. undertake activities, affecting state Flexibility Analysis was not prepared. If NOAA finds that a state is not coastal uses or resources. Through the Paperwork Reduction Act adhering to its management program CZMA, federal agencies are required to and the state does not remedy the issue, carry out their activities in a manner This proposed rule contains no NOAA’s only recourse is to impose that is consistent to the maximum additional collection-of-information financial sanctions by withholding a extent practicable with federally- requirement subject to review and part of a state’s annual CZMA approved state management programs approval by the Office of Management implementation grant until the state while licensees and permittees are to be and Budget under the Paperwork remedies the issue or ultimately NOAA fully consistent with the state programs. Reduction Act; rather it changes the could decertify a state’s management The CZMA and these implementing manner in which states provide program. regulations, rather than preempting a information to NOAA and, in some

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cases, eliminates or reduces information management programs shall be made. identified as a necessary action under currently required. The term ‘‘program change’’ includes all section 312 of the Act and part 923, terms used in section 306(e) of the Act, subpart L (Review of Performance) and National Environmental Policy Act including amendment, modification or pursuant to the requirements for NOAA NOAA has concluded that this other program change. Draft program to notify the Governor of a state under proposed regulatory action does not changes submitted to NOAA for the enforcement provisions of § 923.135 have the potential to pose significant informal review and comment are not of this subchapter. impacts on the quality of the human subject to these requirements. Unless environment. Further, NOAA has otherwise specified, the term ‘‘NOAA’’ § 923.81 Program change procedures, concluded that this proposed rule, if refers to the Office for Coastal deadlines, public notice and comment and application of federal consistency. adopted, would not result in any Management, within NOAA’s National changes to the human environment. Ocean Service. (The Office for Coastal (a) Pursuant to section 306(d)(6) of the Therefore, NOAA has concluded that, Management was formerly known as the Act and § 930.11(o) of this subchapter, pursuant to sections 5.05 and 6.03c.3(i) Office of Ocean and Coastal Resource all program changes shall be submitted of NAO 216–6, this proposed Management and the Coastal Services to NOAA by: The Governor of a coastal rulemaking does not have a significant Center.) state with an approved management impact on the human environment and (b) Pursuant to section 306(e) of the program; the head of the single state is categorically excluded from the need Act, a coastal state may not implement agency designated under the to prepare an environmental assessment any change to a management program as management program to be the lead or environmental impact statement part of its management program unless state agency for administering the pursuant to the requirements of NEPA the state submits, and NOAA approves, CZMA; or the head of an office within in accordance with NAO 216–6. See the change for incorporation into the the designated single state agency if the also the description above on NEPA state’s federally-approved management state has authorized that person to compliance for program changes. program. A state shall not use a state or submit program changes. Program local government policy or requirement changes may be submitted to NOAA on Dated: October 24, 2016. as an ‘‘enforceable policy’’ under 16 U. a cyclical basis (e.g., quarterly, twice a W. Russell Callender, S.C. 1453(6a) and § 930.11(h) of this year, annually) or as the changes occur. Assistant Administrator for Ocean Services, subchapter for purposes of federal (1) One (1) copy shall be submitted National Oceanic and Atmospheric consistency under 16 U.S.C. 1456 and electronically using the Program Change Administration. part 930 of this subchapter, unless Form on NOAA’s Program Change Web List of Subjects in 15 CFR Part 923 NOAA has approved the incorporation site and addressed to: Chief, Stewardship Division, Office for Coastal Administrative practice and of, and subsequent changes to, the state or local policy into the state’s Management, NOAA, 1305 East-West procedure, Coastal zone, Reporting and Hwy., 10th Floor, Silver Spring, MD recordkeeping requirements. management program under this subpart. State or local government law 20910. For the reasons stated in the not approved by NOAA as part of a (i) If a state is not able to preamble, NOAA proposes to revise 15 state’s management program remain electronically send all or part of a CFR part 923 as follows: legal requirements for state and local program change to NOAA through government purposes, but not for CZMA NOAA’s Program Change Web site, the PART 923—COASTAL ZONE state and NOAA shall agree to an MANAGEMENT PROGRAM federal consistency purposes. (c) For purposes of this subpart, alternative method (e.g., email, REGULATIONS program changes include changes to electronic CD, or a state Web site). In ■ 1. The authority citation continues to enforceable policies as well as changes such instances, NOAA will, to the read as follows: to one or more of the following extent practicable, post the program management program areas under part change to NOAA’s Program Change Web Authority: 16 U.S.C. 1451 et seq.; 31 U.S.C. 923: Uses Subject to Management site. 6506; 42 U.S.C. 3334; Sections 923.92 and (Subpart B); Special Management Areas (2) All deadlines and timeframes 923.94 are also issued under E.O. 12372, July under this subpart shall start on the first 14, 1982, 3 CFR 1982 Comp. p. 197, as (Subpart C); Boundaries (Subpart D); amended by E.O. 12416, April 8, 1983, 3 CFR Authorities and Organization (Subpart full business day after the day NOAA 1983 Comp. p. 186. E); and Coordination, Public receives a program change (Day 1). For example, if a submission is received on ■ Involvement and National Interest 2. Revise subpart H to read as follows: (Subpart F). a Thursday, day one of NOAA’s review Subpart H—Changes to Approved (d) The phrase ‘‘enforceable policies’’ period would be Friday; if the day of Management Programs used in this subpart is described in 16 receipt is Friday and Monday is a U.S.C. 1453(6a) and § 930.11(h) of this federal holiday, Day 1 would be Sec. subchapter. Enforceable policies are the Tuesday. All days, starting with Day 1, 923.80 General. only policies states can use to determine are included in the calculation of total 923.81 Program change procedures, whether a federal action is consistent time for a deadline, including weekends deadlines, public notice and comment with its management program under and federal holidays. A state may and application of federal consistency. section 307, the Federal Consistency request that NOAA’s review period 923.82 Program change submissions. provision, of the Act (16 U.S.C. 1456 begin on a specified date following 923.83 Program change materials. 923.84 Program change decision criteria. and part 930 of this subchapter). receipt by NOAA. 923.85 Procedural requirements of other (e) Suspension of grants. Pursuant to (b) When NOAA receives a program Federal law. section 306(e)(1) of the Act and change, NOAA shall notify the state (via § 923.135 of this subchapter, NOAA email or letter) of the date the program § 923.80 General. may suspend all or part of any grant or change was received and NOAA’s (a) This subpart establishes the cooperative agreement made under expected decision deadline. NOAA will criteria and procedures by which any section 306 of the Act if the state has also notify the state if NOAA determines proposed change to approved failed to submit a program change the submission is incomplete. If NOAA

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determines a submission is incomplete, are not required to, publish the notice federal agency (subpart C), applicant NOAA shall inform the state that the in any state bulletin or newspaper. (subpart D), person (subpart E), or program change review timeline shall (2) A state’s public notice shall: applicant agency (subpart F) had not start until the missing information is (i) Describe the nature of the program submitted to the management program a submitted. During NOAA’s review of a change; consistency determination or program change request, NOAA may (ii) If applicable, identify any new, consistency certification prior to request additional information that modified or deleted enforceable policies NOAA’s approval, except as allowed by NOAA needs to make its decision. of the management program; part 930 of this subchapter, unless the (c) NOAA shall respond to the state (iii) Indicate that any comments on proposed federal action was finalized or (via email or letter) within 30 calendar the content of the program change shall authorized and there is a substantial days after the date NOAA receives a be submitted to NOAA through NOAA’s change, amendment or renewal program change. The 30 days starts on Program Change Web site within 21 proposed for the federal action on or Day 1. If NOAA does not respond calendar days of the date NOAA’s after the date of NOAA’s approval of a within the 30-day period, then NOAA’s review period starts; and program change, pursuant to the (3) NOAA shall post all program approval is presumed. NOAA may applicable subpart of part 930. extend its review period up to 120 days changes on its Program Change Web site after receipt of a program change where any interested party may review § 923.82 Program change submissions. request, if NOAA so notifies the state or download materials. NOAA shall also (a) As required by CZMA during the 30-day period. NOAA can post on its Program Change Web site § 306(e)(3)(A), coastal states may not extend beyond 120 days only as deadlines, extensions and any implement a change as part of its necessary to meet the requirements of comments received. For each program approved management program unless the National Environmental Policy Act change posted on NOAA’s Web site, the change is approved by NOAA. In (NEPA) (42 U.S.C. 4321 et seq.). NOAA NOAA shall notify the federal agency accordance with § 923.81 and § 923.83, shall inform the state via email or letter CZMA headquarter contacts (identified states shall submit program changes to whether NOAA approves, approves in on NOAA’s federal consistency Web NOAA for approval using the Program part, approves with qualifications or site) via email. In addition, any party Change Form on NOAA’s Program denies the incorporation of the program may request through the Program Change Web site. change into the state’s management Change Web site that NOAA notify them (b) The following types of program program. via email when program changes are changes shall be approved by NOAA as (d) Pre-submission consultation. submitted by one or more state(s). long as they satisfy the decision criteria States shall, to the extent practicable, NOAA’s email shall also state that any in § 923.84 and do not raise issues consult with NOAA prior to state party may submit comments to NOAA under any federal laws, as described in adoption of new or revised state laws, on a program change request within 21 § 923.85: policies, regulations, and other changes calendar days from the date NOAA’s (1) Editorial or non-substantive the state intends to submit to NOAA as review period starts. changes (e.g., citation changes, minor a program change. States are encouraged (4) NOAA may, at its discretion, technical changes, or changes to state to submit draft program changes to extend the public comment period or agency name) to state laws, regulations, NOAA for informal review and hold a public hearing. NOAA shall only enforceable policies, local government comment prior to submitting a program consider holding a public hearing for a coastal management programs or plans change. If consulted, NOAA shall program change that would that contain enforceable policies, and review draft submissions to identify substantially change a management other authorities; issues that would need to be addressed program and/or be controversial. (2) Changes to special area in the formal submission. (5) NOAA shall post its program management plans that do not change a (e) Public Notice and Comment. change decisions on its CZMA Program state’s coastal zone boundary, (1) A state shall post a public notice Change Web site and shall notify, by enforceable policies or geographic of its program change on the state’s email, federal agency CZMA location descriptions, and are not management program Web site in a headquarter contacts and individuals otherwise used by the state for federal conspicuous manner, and email or mail requesting such notice. A state shall consistency review; the public notice to local and regional post NOAA’s decision regarding a (3) Changes to the organization of a offices of relevant federal agencies, state’s program change on the state state’s management program if the federal agency CZMA headquarter agency’s Web site. management program’s structure and contacts identified on NOAA’s federal (f) Application of approved program responsibilities will remain intact; and consistency Web site, affected local changes for federal consistency (4) Changes to enforceable policies governments and state agencies, and to purposes under section 307 of the Act previously approved by NOAA that individuals requesting direct notice. (16 U.S.C. 1456) and part 930 of this make minor substantive revisions The state shall post its public notice subchapter. Changes to a state’s consistent with the scope and prior to, or on the same date as, the date management program and enforceable application of the previously approved the state submits the electronic program policies shall be applicable for federal enforceable policy. If the proposed change to NOAA. NOAA’s program consistency purposes on the date NOAA changes are not consistent with the change review period shall not start approves the changes. The effective date scope and application of the previously until NOAA informs the state that it has for the approved changes will be the approved enforceable policy, then received the program change. To meet date on NOAA’s approval letter. NOAA NOAA shall more closely review the the requirement for direct public notice will post its program change decision changes to ensure they satisfy the (via email or mail), states are letters on its Program Change Web site. decision criteria. encouraged to maintain a coastal Approved program changes shall not (c) Any program change that is not management listserv or mailing list. In apply retroactively to state federal described in paragraph (b) of this addition to posting the public notice on consistency reviews under part 930 of section shall be reviewed by NOAA to the state’s Web site and notifying the this subchapter, subparts C, D, E or F, ensure the state’s management program parties described above, states may, but for proposed federal actions where a will remain approvable if the proposed

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program change is approved. These the proposed program change(s) affect (ii) For each new or revised changes include: any of the five management program geographic location description, states (1) Changes to the five program approval areas under this part: shall describe the: approval areas, including: Uses Subject (i) Uses Subject to Management (A) geographic location description, to Management (subpart B of this part); (subpart B); using specific geographic boundaries; Special Management Areas (subpart C of (ii) Special Management Areas (B) listed federal actions to be this part); Boundaries (subpart D of this (subpart C); included within a geographic location part); Authorities and Organization (iii) Boundaries (subpart D); description; and (subpart E of this part); and (iv) Authorities and Organization (C) reasonably foreseeable effects to Coordination, Public Involvement and (subpart E); or the uses and resources of the state’s (v) Coordination, Public Involvement National Interest (subpart F of this part); coastal zone. (2) Changes to enforceable policies, and National Interest (subpart F). The state shall refer to its program (iii) Exception for state and federal including modifications, additions and agreements made as part of a regional deletions; approval findings and any other relevant documents and make a ocean plan prepared by a Regional (3) Changes to provisions that are not Planning Body under the National enforceable policies, but which a state statement that, to the best of the state’s knowledge, its management program Ocean Policy Executive Order 13547 (75 may use to evaluate the scope or FR 43022 (July 22, 2010)). Geographic applicability of an enforceable policy would continue to satisfy these five areas if the proposed changes are location descriptions and changes to (e.g., definitions, advisory statements); state lists of federal license or permit (4) Changes to local government approved by NOAA. (2) Changes or additions to activities that describe general coastal management programs or plans concurrences for minor federal license if those local programs or plans contain enforceable policies. States shall identify new, revised or deleted or permit activities resulting from state enforceable policies that the state uses and federal agency agreements as part of for federal consistency review. States enforceable policies and describe the: (i) Title of the policy or statutory a Regional Planning Body’s regional are not required to submit program section, if applicable; ocean plan, and agreed to by NOAA changes for local government coastal (ii) If previously approved by NOAA, through the Regional Planning Body management programs or plans that do whether the proposed policy revisions process, shall be part of a state’s not contain enforceable policies for are consistent with the scope and management program once the Regional federal consistency review; and application of the previously approved Planning Body’s regional ocean plan is (5) Changes or additions to the state’s version; approved by the Regional Planning federal consistency list or geographic (iii) State legal citation for the policy Body and certified by the National location descriptions (part 930 of this (do not use public law numbers); Ocean Council. No further submission subchapter); (iv) Date the policy was last updated to NOAA shall be required; the (6) Changes or additions to Necessary by the state; requirements of § 930.53 of this Data and Information (930.58 of this (v) Date the policy was last approved subchapter and this part for notification subchapter). by NOAA; and (d) Changes to state Clean Air Act to federal agencies and the public shall (vi) State enforceable mechanism that be met by the Regional Planning Body (CAA) and Clean Water Act (CWA) makes the policy enforceable under Pollution Control Requirements. process. state law. The phrase ‘‘enforceable (4) Changes to Necessary Data and Pursuant to section 307(f) of the Act, mechanism’’ means a state authority requirements established by the CWA Information. States shall describe any that makes an enforceable policy legally changes or additions to Necessary Data (33 U.S.C. 1251–1387) and the CAA (42 binding under state law, as described in U.S.C. 7401–7671), or established by the and Information approved by NOAA in this subpart and § 930.11(h) of this accordance with § 930.58 of this Federal Government or by any state or subchapter. Examples of an enforceable local government pursuant to the CWA subchapter and explain why such mechanism include state statutes, information is necessary in order for the and CAA shall be incorporated in state regulations, permitting programs, local management programs and shall be the state to commence its federal government ordinances or court consistency review period. water pollution control and air decisions. If an enforceable mechanism pollution control requirements (5) NOAA’s decision criteria. The is changed so that an enforceable policy state shall indicate that the program applicable to such management is no longer legally binding under state program. Therefore, states are not change meets each of NOAA’s decision law, then the enforceable policy shall be criteria in § 923.84. required to submit as program changes submitted as a program change with a (6) Impacts relating to other federal any changes to state CAA and CWA new underlying state enforceable laws. The state shall describe whether provisions. mechanism; otherwise the policy is no and how the program change will longer enforceable for purposes of state § 923.83 Program change materials. impact the following: CZMA federal consistency reviews (i) Resources or interests of any (a) All program changes submitted to under part 930 of this subchapter. NOAA shall be submitted in accordance (3) Changes or additions to the state’s federally-recognized American Indian or with § 923.81. Using the Program federal consistency list or geographic Alaska Native tribal government. Change Form, a state shall provide a location descriptions. (ii) Threatened or endangered species brief description of the proposed (i) For each new or revised listed listed under the federal Endangered program change(s) and a current version federal action, states shall describe the: Species Act (ESA); of the document(s) containing the (A) type of federal action; (iii) Historic properties designated program change (e.g., text of the revised (B) specific federal statutory under the National Historic Preservation statute, regulation, policy, map, etc.). authority; Act (NHPA); States shall use the Program Change (C) responsible federal agency; and (iv) Essential fish habitat designated Form to provide information for: (D) reasonably foreseeable effects to under the Magnuson Stevens Fishery (1) Changes to the five program the uses and resources of the state’s Conservation and Management Act approval areas. States shall indicate if coastal zone (§ 923.84(d) of this part). (MSFCMA);

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(v) Marine mammals managed under (4) Not refer to or otherwise purport as a program change and approved by the Marine Mammal Protection Act to apply to federal agencies, federal NOAA. A previously approved (MMPA); and lands or federal waters. The Act does enforceable policy may also become (vi) Other resources managed under not authorize states to establish non-enforceable and no longer legally other federal statutes. regulatory standards for federal agencies binding under state law if subsequent (7) The state shall identify the state’s or for federal lands or waters. A state federal law preempts state regulation of Web site where the public notices for policy that would regulate or otherwise a particular activity. the notification and submission requests establish standards for federal agencies (d) Changes to a management are, or will be, located and where, if or federal lands or waters shall not meet program’s federal consistency list or a applicable, state documents related to the Act’s definition of ‘‘enforceable new or revised geographic location the request may be viewed. policy’’ (i.e., legally binding under state description under part 930 of this (8) The state shall submit to NOAA law) under 16 U.S.C. 1453(6a). States subchapter, subparts C, D, E, F or I. For any substantive correspondence apply their NOAA-approved enforceable changes to a management program’s list between the state and federal agencies policies to federal actions, regardless of of federal actions or a new or revised (not including NOAA’s Office for location, through CZMA federal geographic location description, the Coastal Management) concerning the consistency reviews under 16 U.S.C. state’s effects analysis shall be based on development of the changes that are the 1456 and part 930 of this subchapter; information that would allow NOAA to subject of the program change request. (5) Not, on its face, be preempted by find that the listed activity, either (9) The state shall indicate if the federal law. If a state policy seeks to within the state’s coastal zone or within program change was developed regulate an activity where state a geographic location described outside pursuant to section 309 of the Act (16 regulation is preempted by federal law, the state’s coastal zone, would have U.S.C. 1456b—Coastal zone the policy is not legally binding under reasonably foreseeable effects on the enhancement grants) and, if so, shall state law and shall not be an enforceable uses or resources of the state’s coastal state the strategy title and years the policy under 16 U.S.C. 1453(6a). zone. A state’s analysis asserting strategy was carried out. Policies previously approved by NOAA impacts to uses or resources outside of (10) The state shall indicate if the as enforceable policies shall no longer the coastal zone shall not, by itself, program change was developed as a be enforceable if federal law enacted demonstrate a coastal effect; rather, the necessary action pursuant to section 312 after NOAA’s approval subsequently state shall describe a causal connection of the Act (16 U.S.C. 1458—Review of preempts the state policy; of how an impact outside the coastal performance) and, if so, shall briefly (6) Not incorporate by reference other zone could result in a coastal effect. A describe the necessary action. state or local requirements that are not state’s effects analysis shall not be based identified, described and evaluated as on unsupported conclusions, § 923.84 Program change decision criteria. part of the program change request. Any speculation or the mere existence of (a) NOAA shall review all program state or local requirements incorporated coastal uses or resources within a changes on a case-by-case basis. NOAA by reference shall not be applicable for geographic location. A state’s coastal shall determine whether a management federal consistency review purposes effects analysis shall, to the extent program, if changed, would continue to unless separately approved by NOAA as practicable, identify: satisfy the applicable program approval enforceable policies; (1) The affected uses (e.g., commercial criteria of CZMA § 306(d) and subparts (7) Not discriminate against a and recreational fishing, boating, B through F of this part and the particular type of activity or entity. tourism, shipping, energy facilities) and requirements of this subpart (subpart H). Enforceable policies shall be applied to resources (e.g., fish, marine mammals, (b) Enforceable policies. In order for all relevant public and private entities reptiles, birds, landmarks). NOAA to approve the incorporation of that would have similar coastal effects. (2) Where and in what densities the a new or revised enforceable policy into Enforceable policies may be specific to uses and resources are found. a state’s management program, the a particular type of activity or entity if (3) How the state has a specific policy shall: NOAA agrees that a state has interest in the resource or use. Be (1) Be legally binding under state law; demonstrated that the activity or entity specific in showing their connection to (2) Contain standards of sufficient present unique circumstances; or the coastal zone of the state (e.g., specificity to guide public and private (8) Not adversely affect the national economic values, harvest amounts, uses. A policy is not enforceable if it interest in the CZMA objectives vulnerabilities, seasonal information merely directs a state agency to develop described in 16 U.S.C. 1451 and 1452. relevant to the proposed activity). regulations or standards. (c) Effect of Prior Program Change (4) Where the proposed activity (i) Definitions, procedures and Approvals. If enforceable policies overlaps with these resources, uses and information requirements are essential previously approved by NOAA become values. elements of determining compliance obsolete or non-enforceable through (5) Impacts to the resources or uses with regulatory and permit standards. application of subsequently enacted from the proposed activity. As such, a state law or regulation that state or federal law, such policies will (6) The causal connection to the contains numerous standards, no longer be enforceable for purposes of proposed activity, including how the definitions, procedures, and information CZMA federal consistency review. For impacts from the activity results in requirements may be considered example, a state law change may repeal reasonably foreseeable effects on the enforceable in its entirety after a previous policy or may change the state’s coastal uses or resources. consultation with NOAA. If NOAA policy in a manner that changes the (7) Why any proposed mitigation may determines that a law or regulation may scope and application of the policy. In be inadequate. be considered enforceable in its entirety, such cases, the previously approved (8) Empirical data and information a state does not have to identify non- enforceable policy is no longer that supports the effects analysis and: enforceable parts of the law or applicable under state law and the new can be shown to be reliable; visualizes regulation. or revised policy is not applicable for the affected area, resources and uses (3) Apply only to areas and/or entities federal consistency purposes until that with maps; and shows values, trends under state jurisdiction; policy has been submitted by the state and vulnerabilities.

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§ 923.85 Procedural requirements of other DEPARTMENT OF HEALTH AND written/paper submission and in the Federal law. HUMAN SERVICES manner detailed (see ‘‘Written/Paper (a) NOAA shall determine on a case- Submissions’’ and ‘‘Instructions’’). Food and Drug Administration by-case basis whether each program Written/Paper Submissions change requires NOAA to take 21 CFR Part 1 Submit written/paper submissions as additional actions under any other follows: federal requirement described below. [Docket No. FDA–2012–D–1002] • Mail/Hand delivery/Courier (for (1) If a state’s program change will Questions and Answers Regarding written/paper submissions): Division of affect the resources or interests of any Food Facility Registration (Seventh Dockets Management (HFA–305), Food federally-recognized American Indian or Edition); Draft Guidance for Industry; and Drug Administration, 5630 Fishers Alaska Native tribal government (tribe), Availability Lane, Rm. 1061, Rockville, MD 20852. NOAA shall contact the affected tribe(s) • For written/paper comments and determine if Government-to- AGENCY: Food and Drug Administration, submitted to the Division of Dockets Government consultation is desired HHS. Management, FDA will post your under Executive Order 13175 (Nov. 6, ACTION: Notification of availability. comment, as well as any attachments, 2000). except for information submitted, SUMMARY: The Food and Drug (2) If, for the purposes of ESA, NHPA, marked and identified, as confidential, Administration (FDA or we) is if submitted as detailed in MSFCMA or MMPA compliance, NOAA announcing the availability of a draft ‘‘Instructions.’’ determines that a state’s program change guidance for industry entitled Instructions: All submissions received will have effects on listed threatened or ‘‘Questions and Answers Regarding must include the Docket No. FDA– endangered species, historic properties, Food Facility Registration (Seventh 2012–D–1002 for the draft guidance for essential fish habitat or marine Edition): Guidance for Industry.’’ This industry entitled ‘‘Questions and mammals, then NOAA shall determine draft guidance contains 15 sections of a Answers Regarding Food Facility if consultation is needed with the multisection guidance intended to Registration (Seventh Edition).’’ applicable federal agency under the provide updated information relating to Received comments will be placed in ESA, NHPA, MSFCMA and MMPA. the food facility registration the docket and, except for those (3) When NOAA determines whether requirements in the Federal Food, Drug, submitted as ‘‘Confidential to consult under other federal statutes or and Cosmetic Act (the FD&C Act). Submissions,’’ publicly viewable at tribal executive orders, NOAA’s ability DATES: Although you can comment on http://www.regulations.gov or at the to require changes to a state’s proposed any guidance at any time (see 21 CFR Division of Dockets Management program change are limited by the 10.115(g)(5)), to ensure that we consider between 9 a.m. and 4 p.m., Monday following: your comment on the draft guidance through Friday. • (i) Once NOAA approves a state’s before we begin work on the final Confidential Submissions—To management program, NOAA cannot version of the guidance, submit either submit a comment with confidential require a state to change its program. electronic or written comments on the information that you do not wish to be NOAA can, through periodic draft guidance by February 6, 2017. made publicly available, submit your evaluations of a state’s management ADDRESSES: You may submit comments comments only as a written/paper program under section 312 of the Act, as follows: submission. You should submit two establish necessary actions if NOAA copies total. One copy will include the Electronic Submissions finds a state is not adhering to its information you claim to be confidential NOAA-approved program, but NOAA Submit electronic comments in the with a heading or cover note that states can only recommend that a state change following way: ‘‘THIS DOCUMENT CONTAINS • its program to create a different state Federal eRulemaking Portal: http:// CONFIDENTIAL INFORMATION.’’ The standard or to address emerging issues; www.regulations.gov. Follow the Agency will review this copy, including and instructions for submitting comments. the claimed confidential information, in Comments submitted electronically, its consideration of comments. The (ii) NOAA can approve or disapprove including attachments, to http:// second copy, which will have the a program change request. When NOAA www.regulations.gov will be posted to claimed confidential information reviews a program change, NOAA has a the docket unchanged. Because your redacted/blacked out, will be available limited ability to require a state to make comment will be made public, you are for public viewing and posted on http:// changes to state policies. If NOAA solely responsible for ensuring that your www.regulations.gov. Submit both disapproves a program change request, comment does not include any copies to the Division of Dockets this does not require a state to change confidential information that you or a Management. If you do not wish your state law. Therefore, there is no effect third party may not wish to be posted, name and contact information to be from NOAA’s denial on the such as medical information, your or made publicly available, you can implementation of state law at the state anyone else’s Social Security number, or provide this information on the cover (or local government) level. NOAA’s confidential business information, such sheet and not in the body of your denial means the disapproved state as a manufacturing process. Please note comments and you must identify this policy is not part of the state’s NOAA- that if you include your name, contact information as ‘‘confidential.’’ Any approved management program and information, or other information that information marked as ‘‘confidential’’ cannot be used for CZMA federal identifies you in the body of your will not be disclosed except in consistency purposes. NOAA cannot comments, that information will be accordance with 21 CFR 10.20 and other use a program change to require changes posted on http://www.regulations.gov. applicable disclosure law. For more to other parts of a state’s management • If you want to submit a comment information about FDA’s posting of program. with confidential information that you comments to public dockets, see 80 FR [FR Doc. 2016–26680 Filed 11–7–16; 8:45 am] do not wish to be made available to the 56469, September 18, 2015, or access BILLING CODE 3510–08–P public, submit the comment as a the information at: http://www.fda.gov/

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regulatoryinformation/dockets/ holding food for consumption in the • Section G: What Optional Items are default.htm. United States to submit additional Included in the Registration? Docket: For access to the docket to registration information to FDA. Section • Section H: How and When Do You read background documents or the 102 of FSMA also directed FDA to Update Your Facility’s Registration electronic and written/paper comments amend the definition of ‘‘retail food Information? received, go to http:// establishment’’ in 21 CFR 1.227. On July • Section I: How and When Do You www.regulations.gov and insert the 14, 2016, FDA issued a final rule Cancel Your Facility’s Registration docket number, found in brackets in the (Registration Final Rule) to amend and Information? heading of this document, into the update FDA’s registration regulation • Section J: What Other Registration ‘‘Search’’ box and follow the prompts and implement the FSMA revisions (81 Requirements Apply? and/or go to the Division of Dockets FR 45912; July 14, 2016). • Section K: What are the Management, 5630 Fishers Lane, Rm. This draft guidance was developed to Consequences of Failing to Register, 1061, Rockville, MD 20852. answer frequently asked questions Renew, Update, or Cancel Your Submit written requests for single relating to the registration requirements Registration? copies of the draft guidance to the Office of section 415 of the FD&C Act. The first • Section L: What Does Assignment of Compliance, Division of Field edition of the guidance was issued as of a Registration Number Mean? Programs and Guidance, Center for Food Level 2 guidance consistent with our • Section M: Is Food Registration Safety and Applied Nutrition, Food and good guidance practices regulation (21 Information Available to the Public? • Drug Administration, 5001 Campus Dr., CFR 10.115) and was made available on Section N: Waiver Request • College Park, MD 20740. Send two self- FDA’s Web site on December 4, 2003. Section O: General Registration addressed adhesive labels to assist that The second, third, fourth, and fifth Questions • office in processing your request. See editions of the guidance were issued as Section P: Suspension of Level 1 guidance documents under 21 Registration the SUPPLEMENTARY INFORMATION section • for electronic access to the draft CFR 10.115 and were made available on Section Q: Compliance Dates guidance. FDA’s Web site on January 12, 2004; We intend to announce the February 17, 2004; August 6, 2004; and availability for public comment of the FOR FURTHER INFORMATION CONTACT: December 17, 2012, respectively. The remaining sections of the draft guidance Courtney Buchanan, Center for Food sixth edition of the guidance was issued in a revised draft guidance. Safety and Applied Nutrition, Food and as Level 1 guidance and included one This edition of the draft guidance also Drug Administration, 5001 Campus Dr., additional question and answer relating revises information in existing questions College Park, MD 20740, 240–402–2487. to a proposed amendment to the ‘‘farm’’ and answers, removes some questions SUPPLEMENTARY INFORMATION: definition in 21 CFR 1.227 (see 79 FR and answers, and makes editorial I. Background 58523; September 29, 2014). Since changes (e.g., we reorganized existing publication of the sixth edition of the questions and answers) to improve We are announcing the availability of guidance, we have issued the clarity. For the revised questions and a draft guidance for industry entitled Registration Final Rule. In addition, we answers, we are not adding a date ‘‘Questions and Answers Regarding have issued the Current Good indicating when the questions and Food Facility Registration (Seventh Manufacturing Practice, Hazard answers were revised. As in the Edition): Guidance for Industry.’’ We are Analysis, and Risk-Based Preventive previous editions, the following issuing the draft guidance consistent Controls for Human Food final rule indicators are used to help users with our good guidance practices (Preventive Controls for Human Food identify revisions: (1) The guidance is regulation (21 CFR 10.115). The draft Final Rule) (80 FR 55908; September 17, identified as a revision of a previously guidance, when finalized, will represent 2015) that, among other things, revised issued document; (2) the revision date the current thinking of the FDA on this the definition of ‘‘farm’’ in 21 CFR appears on the cover of the guidance; (3) topic. It does not establish any rights for 1.227. We have also issued the Current the edition number of the guidance is any person and is not binding on FDA Good Manufacturing Practice, Hazard included in its title; and (4) questions or the public. You can use an alternate Analysis, and Risk-Based Preventive and answers that have been added are approach if it satisfies the requirements Controls for Food for Animals final rule identified as such in the body of the of the applicable statutes and (Preventive Controls for Animal Food guidance. In addition, we indicated regulations. Final Rule) (80 FR 56169; September 17, certain sections in the draft guidance as On October 10, 2003, FDA issued an 2015). We are issuing a seventh edition ‘‘Reserved.’’ interim final rule (68 FR 58893) to of the guidance to add information II. Electronic Access implement amendments to the FD&C relating to the Registration Final Rule Act made by the Public Health Security and the revised ‘‘farm’’ definition, as Persons with access to the Internet and Bioterrorism Preparedness and well as to address questions received may obtain the draft guidance at either Response Act of 2002 (the Bioterrorism from stakeholders since publication of http://www.fda.gov/Food/ Act) (Pub. L. 107–188). Section 415 of the sixth edition. We are reserving two GuidanceRegulation/ the FD&C Act (21 U.S.C. 350d) requires sections in the draft guidance and will FoodFacilityRegistration/default.htm or domestic and foreign facilities that issue a revised draft guidance at a later http://www.regulations.gov. Use the manufacture, process, pack, or hold date that includes those reserved FDA Web site listed in the previous food for human or animal consumption sections. The sections that we are sentence to find the most current in the United States to register with announcing are as follows: version of the guidance. FDA by December 12, 2003. Section 102 • Section A. Who Must Register? III. Paperwork Reduction Act of 1995 of the FDA Food Safety Modernization • Section D: When Must You Register Act (FSMA) (Pub. L. 111–353), enacted or Renew Your Registration? This draft guidance refers to on January 4, 2011, amended section • Section E: How and Where Do You previously approved collections of 415 of the FD&C Act to, among other Register or Renew Your Registration? information found in FDA regulations. things, require facilities engaged in • Section F: What Information is These collections of information are manufacturing, processing, packing, or Required in the Registration? subject to review by the Office of

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Management and Budget (OMB) under anyone else’s Social Security number, or sheet and not in the body of your the Paperwork Reduction Act of 1995 confidential business information, such comments and you must identify this (44 U.S.C. 3501–3520). The collections as a manufacturing process. Please note information as ‘‘confidential.’’ Any of information in 21 CFR 1.230 through that if you include your name, contact information marked as ‘‘confidential’’ 1.235 and 21 CFR 1.245 have been information, or other information that will not be disclosed except in approved under OMB control number identifies you in the body of your accordance with 21 CFR 10.20 and other 0910–0502. comment, that information will be applicable disclosure law. For more Dated: November 3, 2016. posted on http://www.regulations.gov. information about FDA’s posting of • If you want to submit a comment Leslie Kux, comments to public dockets, see 80 FR with confidential information that you 56469, September 18, 2015, or access Associate Commissioner for Policy. do not wish to be made available to the the information at: http://www.fda.gov/ [FR Doc. 2016–26930 Filed 11–7–16; 8:45 am] public, submit the comment as a regulatoryinformation/dockets/ BILLING CODE 4164–01–P written/paper submission and in the default.htm. manner detailed (see ‘‘Written/Paper Docket: For access to the docket to Submissions’’ and ‘‘Instructions’’). read background documents or the DEPARTMENT OF HEALTH AND electronic and written/paper comments HUMAN SERVICES Written/Paper Submissions received, go to http:// Submit written/paper submissions as www.regulations.gov and insert the Food and Drug Administration follows: • docket number, found in brackets in the Mail/Hand delivery/Courier (for heading of this document, into the 21 CFR Part 573 written/paper submissions): Division of ‘‘Search’’ box and follow the prompts Dockets Management (HFA–305), Food [Docket No. FDA–2014–F–0452] and/or go to the Division of Dockets and Drug Administration, 5630 Fishers Management, 5630 Fishers Lane, Rm. Lane, Rm. 1061, Rockville, MD 20852. Novus International, Inc.; Filing of 1061, Rockville, MD 20852. Food Additive Petition (Animal Use) • For written/paper comments submitted to the Division of Dockets FOR FURTHER INFORMATION CONTACT: AGENCY: Food and Drug Administration, Management, FDA will post your Carissa Doody, Center for Veterinary HHS. comment, as well as any attachments, Medicine (HFV–228), Food and Drug ACTION: Notice of petition. except for information submitted, Administration, 7519 Standish Pl., marked and identified, as confidential, Rockville, MD 20855, 240–402–6283, SUMMARY: The Food and Drug if submitted as detailed in [email protected]. Administration (FDA) is announcing ‘‘Instructions.’’ SUPPLEMENTARY INFORMATION: Under the that Novus International, Inc., has filed Instructions: All submissions received Federal Food, Drug, and Cosmetic Act a petition proposing that the food must include the Docket No. FDA– (section 409(b)(5) (21 U.S.C. 348(b)(5)), additive regulations be amended to 2014–F–0452 for ‘‘Food Additives notice is given that a food additive provide for the safe use of poly (2- Permitted in Feed and Drinking Water petition (FAP 2295) has been filed by vinylpyridine-co-styrene) as a nutrient of Animals; 2-Vinylpyridine-Co- Novus International, Inc., 20 Research protectant for methionine hydroxy Styrene.’’ Received comments will be Park Dr., Saint Charles, MO 63304. The analog in animal food for beef cattle, placed in the docket and, except for petition proposes to amend part 573 (21 dairy cattle, and replacement dairy those submitted as ‘‘Confidential CFR part 573) Food Additives Permitted heifers. Additionally, the petition Submissions,’’ publicly viewable at in Feed and Drinking Water of Animals proposes that the food additive http://www.regulations.gov or at the to provide for the safe use of poly (2- regulations be amended to provide for Division of Dockets Management vinylpyridine-co-styrene) as a nutrient the safe use of ethyl cellulose as a between 9 a.m. and 4 p.m., Monday protectant for methionine hydroxy binder for methionine hydroxy analog to through Friday. analog in animal food for beef cattle, be incorporated into animal food. • Confidential Submissions—To dairy cattle, and replacement dairy DATES: Submit either electronic or submit a comment with confidential heifers, and to provide for the safe use written comments on the petitioner’s information that you do not wish to be of ethyl cellulose as a binder for environmental assessment by December made publicly available, submit your methionine hydroxy analog to be 8, 2016. comment only as a written/paper incorporated into animal food. ADDRESSES: You may submit comments submission. You should submit two The potential environmental impact as follows: copies total. One copy will include the of this action is being reviewed. To information you claim to be confidential encourage public participation Electronic Submissions with a heading or cover note that states consistent with regulations issued under Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS the National Environmental Policy Act following way: CONFIDENTIAL INFORMATION.’’ The (40 CFR 1501.4(b)), the Agency is • Federal eRulemaking Portal: http:// Agency will review this copy, including placing the environmental assessment www.regulations.gov. Follow the the claimed confidential information, in submitted with the petition that is the instructions for submitting comments. its consideration of comments. The subject of this notice on public display Comments submitted electronically, second copy, which will have the at the Division of Dockets Management including attachments, to http:// claimed confidential information (see ADDRESSES) for public review and www.regulations.gov will be posted to redacted/blacked out, will be available comment. Interested persons may the docket unchanged. Because your for public viewing and posted on http:// submit to the Division of Dockets comment will be made public, you are www.regulations.gov. Submit both Management (see DATES and ADDRESSES) solely responsible for ensuring that your copies to the Division of Dockets either electronic or written comments comment does not include any Management. If you do not wish your regarding this document. It is only confidential information that you or a name and contact information to be necessary to send one set of comments. third party may not wish to be posted, made publicly available, you can Identify comments with the docket such as medical information, your or provide this information on the cover number found in brackets in the

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heading of this document. FDA will also instructions for submitting comments. • Follow directions and organize your place on public display any Once submitted, comments cannot be comments; amendments to, or comments on, the edited or removed from Regulations.gov. • Explain why you agree or disagree; petitioner’s environmental assessment The EPA may publish any comment • Suggest alternatives and substitute without further announcement in the received to its public docket. Do not language for your requested changes; • Federal Register. If, based on its review, submit electronically any information Describe any assumptions and the Agency finds that an environmental you consider to be Confidential provide any technical information and/ Business Information (CBI) or other or data that you used; impact statement is not required and • this petition results in a regulation, the information whose disclosure is If you estimate potential costs or notice of availability of the Agency’s restricted by statute. Multimedia burdens, explain how you arrived at finding of no significant impact and the submissions (audio, video, etc.) must be your estimate in sufficient detail to accompanied by a written comment. allow for it to be reproduced; evidence supporting that finding will be • published with the regulation in the The written comment is considered the Provide specific examples to Federal Register in accordance with 21 official comment and should include illustrate your concerns, and suggest alternatives; CFR 25.51(b). discussion of all points you wish to • make. The EPA will generally not Explain your views as clearly as Dated: November 2, 2016. consider comments or comment possible, avoiding the use of profanity Tracey H. Forfa, or personal threats; and, contents located outside of the primary • Deputy Director, Center for Veterinary submission (i.e., on the web, cloud, or Make sure to submit your Medicine. other file sharing system). For comments by the comment period [FR Doc. 2016–26922 Filed 11–7–16; 8:45 am] additional submission methods, the full deadline identified. BILLING CODE 4164–01–P EPA public comment policy, II. Background information about CBI or multimedia On March 12, 2008, the EPA submissions, and general guidance on promulgated a new NAAQS for ozone, ENVIRONMENTAL PROTECTION making effective comments, please visit AGENCY revising the levels of the primary and http://www2.epa.gov/dockets/ secondary eight-hour ozone standards commenting-epa-dockets. 40 CFR Part 52 from 0.08 parts per million (ppm) to FOR FURTHER INFORMATION CONTACT: 0.075 ppm (73 FR 16436, March 27, [EPA–R08–OAR–2012–0933; FRL–9954–92– Abby Fulton, Air Program, U.S. 2008). Subsequently, on October 15, Region 8] Environmental Protection Agency 2008, the EPA revised the level of the (EPA), Region 8, Mail Code 8P–AR, Promulgation of State Implementation primary and secondary Pb NAAQS from 1595 Wynkoop Street, Denver, Colorado 3 Plan Revisions; Infrastructure 1.5 micrograms per cubic meter (mg/m ) 80202–1129, (303) 312–6563, 3 Requirements for the 2008 Lead, 2008 to 0.15 mg/m (73 FR 66964, Nov. 12, [email protected]. 2008). On January 22, 2010, the EPA Ozone, 2010 NO2, 2010 SO2, and 2012 SUPPLEMENTARY INFORMATION: promulgated a new one-hour primary PM2.5 National Ambient Air Quality Standards; Wyoming I. General Information NAAQS for NO2 at a level of 100 parts per billion (ppb) while retaining the AGENCY: Environmental Protection What should I consider as I prepare my annual standard of 53 ppb. The 2010 Agency. comments for the EPA? NO2 NAAQS is expressed as the three- ACTION: Proposed rule. 1. Submitting Confidential Business year average of the 98th percentile of the Information (CBI). Do not submit CBI to annual distribution of daily maximum SUMMARY: The Environmental Protection the EPA through http:// one-hour average concentrations. The Agency (EPA) is proposing to approve www.regulations.gov or email. Clearly secondary NO2 NAAQS remains elements of State Implementation Plan mark the part or all of the information unchanged at 53 ppb (75 FR 6474, Feb. (SIP) revisions from the State of that you claim to be CBI. For CBI 9, 2010). On June 2, 2010, the EPA Wyoming to demonstrate the State information on a disk or CD–ROM that promulgated a revised primary SO2 meets infrastructure requirements of the you mail to the EPA, mark the outside standard at 75 ppb, based on a three- Clean Air Act (Act or CAA) for the of the disk or CD–ROM as CBI and then year average of the annual 99th National Ambient Air Quality Standards identify electronically within the disk or percentile of one-hour daily maximum (NAAQS) promulgated for ozone on CD–ROM the specific information that concentrations (75 FR 35520, June 22, March 12, 2008, lead (Pb) on October is claimed as CBI. In addition to one 2010). Finally, on December 14, 2012, 15, 2008, nitrogen dioxide (NO2) on complete version of the comment that the EPA promulgated a revised annual January 22, 2010, sulfur dioxide (SO2) includes information claimed as CBI, a PM2.5 standard by lowering the level to on June 2, 2010, and fine particulate copy of the comment that does not 12.0 mg/m3 and retaining the 24-hour matter (PM2.5) on December 14, 2012. 3 contain the information claimed as CBI PM2.5 standard at a level of 35 mg/m (78 The EPA is also proposing to approve must be submitted for inclusion in the FR 3086, Jan. 15, 2013). SIP revisions the State submitted public docket. Information so marked Under sections 110(a)(1) and (2) of the regarding state boards. Section 110(a) of will not be disclosed except in CAA, states are required to submit the CAA requires that each state submit accordance with procedures set forth in infrastructure SIPs to ensure their SIPs a SIP for the implementation, 40 CFR part 2. provide for implementation, maintenance and enforcement of each 2. Tips for preparing your comments. maintenance and enforcement of the NAAQS promulgated by the EPA. When submitting comments, remember NAAQS. These submissions must DATES: Written comments must be to: contain any revisions needed for received on or before December 8, 2016. • Identify the rulemaking by docket meeting the applicable SIP requirements ADDRESSES: Submit your comments, number and other identifying of section 110(a)(2), or certifications that identified by Docket ID No. EPA–R08– information (subject heading, Federal their existing SIPs for PM2.5, ozone, Pb, OAR–2012–0933 at http:// Register volume, date, and page NO2, and SO2 already meet those www.regulations.gov. Follow the online number); requirements. The EPA highlighted this

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statutory requirement in an October 2, requirements of part D of title I of the excess emissions; (ii) existing provisions 2007, guidance document entitled CAA; ‘‘regional haze SIP’’ submissions related to ‘‘director’s variance’’ or ‘‘Guidance on SIP Elements Required required by the EPA rule to address the ‘‘director’s discretion’’ that may be Under Sections 110(a)(1) and (2) for the visibility protection requirements of contrary to the CAA because they 1997 8-hour Ozone and PM2.5 National CAA section 169A; and nonattainment purport to allow revisions to SIP- Ambient Air Quality Standards’’ (2007 new source review (NSR) permit approved emissions limits while Memo). On September 25, 2009, the program submissions to address the limiting public process or not requiring EPA issued an additional guidance permit requirements of CAA, title I, part further approval by the EPA; and (iii) document pertaining to the 2006 PM2.5 D. existing provisions for Prevention of NAAQS entitled ‘‘Guidance on SIP Section 110(a)(1) addresses the timing Significant Deterioration (PSD) Elements Required Under Sections and general requirements for programs that may be inconsistent with 110(a)(1) and (2) for the 2006 24-Hour infrastructure SIP submissions, and current requirements of the EPA’s Fine Particle (PM2.5) National Ambient section 110(a)(2) provides more details ‘‘Final NSR Improvement Rule,’’ 67 FR Air Quality Standards (NAAQS)’’ (2009 concerning the required contents of 80186, Dec. 31, 2002, as amended by 72 Memo), followed by the October 14, these submissions. The list of required FR 32526, June 13, 2007 (‘‘NSR 2011, ‘‘Guidance on Infrastructure SIP elements provided in section 110(a)(2) Reform’’). Elements Required Under Sections contains a wide variety of disparate 110(a)(1) and (2) for the 2008 Lead (Pb) provisions, some of which pertain to IV. What infrastructure elements are National Ambient Air Quality Standards required legal authority, some of which required under sections 110(a)(1) and (NAAQS)’’ (2011 Memo). Most recently, pertain to required substantive program (2)? the EPA issued ‘‘Guidance on provisions, and some of which pertain CAA section 110(a)(1) provides the Infrastructure State Implementation to requirements for both authority and procedural and timing requirements for Plan (SIP) Elements under Clean Air Act substantive program provisions.1 The SIP submissions after a new or revised Sections 110(a)(1) and (2)’’ on EPA therefore believes that while the NAAQS is promulgated. Section September 13, 2013 (2013 Memo). timing requirement in section 110(a)(1) 110(a)(2) lists specific elements the SIP is unambiguous, some of the other must contain or satisfy. These III. What is the scope of this statutory provisions are ambiguous. In rulemaking? infrastructure elements include particular, the EPA believes that the list requirements such as modeling, The EPA is acting upon the SIP of required elements for infrastructure monitoring and emissions inventories, submissions from Wyoming that address SIP submissions provided in section which are designed to assure attainment the infrastructure requirements of CAA 110(a)(2) contains ambiguities and maintenance of the NAAQS. The sections 110(a)(1) and 110(a)(2) for the concerning what is required for elements that are the subject of this 2008 ozone, 2008 Pb, 2010 NO2, 2010 inclusion in an infrastructure SIP action are listed below. SO2, and 2012 PM2.5 NAAQS. The submission. • 110(a)(2)(A): Emission limits and requirement for states to make a SIP Examples of some of these other control measures. submission of this type arises out of ambiguities and the context in which • 110(a)(2)(B): Ambient air quality CAA section 110(a)(1). Pursuant to the EPA interprets the ambiguous monitoring/data system. section 110(a)(1), states must make SIP portions of section 110(a)(1) and • 110(a)(2)(C): Program for submissions ‘‘within three years (or 110(a)(2) are discussed at length in our enforcement of control measures. such shorter period as the Administrator notice of proposed rulemaking: • 110(a)(2)(D): Interstate transport. may prescribe) after the promulgation of Promulgation of State Implementation • 110(a)(2)(E): Adequate resources a national primary ambient air quality Plan Revisions; Infrastructure and authority, conflict of interest, and standard (or any revision thereof),’’ and Requirements for the 1997 and 2006 oversight of local governments and these SIP submissions are to provide for PM2.5, 2008 Lead, 2008 Ozone, and 2010 regional agencies. the ‘‘implementation, maintenance, and NO2 National Ambient Air Quality • 110(a)(2)(F): Stationary source enforcement’’ of such NAAQS. The Standards; South Dakota (79 FR 71040, monitoring and reporting. statute directly imposes on states the Dec. 1, 2014) under ‘‘III. What is the • 110(a)(2)(G): Emergency powers. duty to make these SIP submissions, Scope of this Rulemaking?’’ • 110(a)(2)(H): Future SIP revisions. and the requirement to make the With respect to certain other issues, • 110(a)(2)(J): Consultation with submissions is not conditioned upon the EPA does not believe that an action government officials; public the EPA taking any action other than on a state’s infrastructure SIP notification; and PSD and visibility promulgating a new or revised NAAQS. submission is necessarily the protection. Section 110(a)(2) includes a list of appropriate type of action in which to • 110(a)(2)(K): Air quality modeling/ specific elements that ‘‘[e]ach such address possible deficiencies in a state’s data. plan’’ submission must address. existing SIP. These issues include: (i) • 110(a)(2)(L): Permitting fees. The EPA has historically referred to Existing provisions related to excess • 110(a)(2)(M): Consultation/ these SIP submissions made for the emissions from sources during periods participation by affected local entities. purpose of satisfying the requirements of startup, shutdown, or malfunction A detailed discussion of each of these of CAA sections 110(a)(1) and 110(a)(2) (SSM) that may be contrary to the CAA elements is contained in the next as ‘‘infrastructure SIP’’ submissions. and the EPA’s policies addressing such section. Although the term ‘‘infrastructure SIP’’ Two elements identified in section does not appear in the CAA, the EPA 1 For example: Section 110(a)(2)(E)(i) provides 110(a)(2) are not governed by the three- uses the term to distinguish this that states must provide assurances that they have year submission deadline of section adequate legal authority under state and local law particular type of SIP submission from to carry out the SIP; section 110(a)(2)(C) provides 110(a)(1) and are therefore not submissions that are intended to satisfy that states must have a SIP-approved program to addressed in this action. These elements other SIP requirements under the CAA, address certain sources as required by part C of title relate to part D of Title I of the CAA, and such as ‘‘nonattainment SIP’’ or I of the CAA; and section 110(a)(2)(G) provides that submissions to satisfy them are not due states must have legal authority to address ‘‘attainment plan SIP’’ submissions to emergencies as well as contingency plans that are within three years after promulgation of address the nonattainment planning triggered in the event of such emergencies. a new or revised NAAQS, but rather are

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due at the same time nonattainment area and timetables for compliance as may be contrary to the CAA and existing EPA plan requirements are due under section necessary or appropriate to meet the guidance 2 and the agency is addressing 172. The two elements are: (1) Section applicable requirements of this Act. such state regulations separately (80 FR 110(a)(2)(C) to the extent it refers to The State’s submissions for the 2008 33840, June 12, 2015). permit programs (known as Pb, 2008 ozone 2010 NO2, 2010 SO2, Therefore, the EPA is proposing to ‘‘nonattainment NSR’’) required under and 2012 p.m.2.5 infrastructure approve Wyoming’s infrastructure SIP part D, and (2) section 110(a)(2)(I), requirements cite three non-regulatory for the 2008 Pb, 2008 ozone 2010 NO2, pertaining to the nonattainment documents (e.g., Control Strategy, 2010 SO2 and 2012 PM2.5 NAAQS with planning requirements of part D. As a Source Surveillance, and Compliance respect to the general requirement in result, this action does not address Schedule) which were approved by EPA section 110(a)(2)(A) to include infrastructure elements related to the on May 31, 1972 (37 FR 10842). The enforceable emission limitations and nonattainment NSR portion of section State’s submissions also cite regulatory other control measures, means, or 110(a)(2)(C) or related to 110(a)(2)(I). documents included in Chapters 1, 3, 4, techniques to meet the applicable Furthermore, the EPA interprets the 8, 10 and 13 of the WAQSR. The SIP requirements of this element. CAA section 110(a)(2)(J) provision on approved non-regulatory documents 2. Ambient air quality monitoring/ visibility as not being triggered by a new cited in combination with multiple SIP- data system: Section 110(a)(2)(B) NAAQS because the visibility approved state air quality regulations requires SIPs to ‘‘provide for requirements in part C, title 1 of the within WAQSR and cited in Wyoming’s establishment and operation of CAA are not changed by a new NAAQS. certifications, provide enforceable appropriate devices, methods, systems, emission limitations and other control and procedures necessary’’ to ‘‘(i) V. How did Wyoming address the measures, means of techniques, monitor, compile, and analyze data on infrastructure elements of sections schedules for compliance, and other ambient air quality, and (ii) upon 110(a)(1) and (2)? related matters necessary to meet the request, make such data available to the The Wyoming Department of requirements of the CAA section Administrator.’’ Environmental Quality (Department or 110(a)(2)(A) for the 2008 Pb, 2008 The State’s submissions cite five non- WDEQ) submitted certification of ozone, 2010 NO2, 2010 SO2 and 2012 regulatory documents (e.g., Air Quality Wyoming’s infrastructure SIP for the PM2.5 NAAQS, subject to the following Surveillance, Air Quality Surveillance 2008 Pb NAAQS on October 12, 2011; clarifications. Network, Implementation Plan for Lead, 2008 ozone NAAQS on February 6, First, this infrastructure element does Wyoming Ambient Air Monitoring 2014; 2010 NO2 NAAQS on January 24, not require the submittal of regulations Network Plan, and the EPA Performance 2014; 2010 SO2 NAAQS on March 6, or emission limitations developed Partnership Agreement). The State’s 2015; and 2012 PM2.5 on June 24, 2016. specifically for attaining the 2008 Pb, submissions also cite regulatory Infrastructure SIPs were taken out for 2008 ozone 2010 NO2, 2010 SO2 and documents included in Chapters 1 and public notice and Wyoming provided an 2012 PM2.5 NAAQS. Wyoming’s 2 of the WAQSR. Provisions contained opportunity for public hearing, as certifications (contained within this in Chapter 6, Section 2(b)(i) of the indicated in the cover letter of each docket) generally list provisions and WAQSR provide the legal authority and certification (available within this enforceable control measures within its framework for the Air Quality Division docket). Wyoming’s infrastructure SIP which regulate pollutants through (AQD) Administrator to require that certifications demonstrate how the various programs. This includes its permit applicants submit adequate State, where applicable, has plans in stationary source permit program which monitoring data. Additionally, Chapter place that meet the requirements of requires sources to demonstrate that 6, Section 2(f)(iv) enables the AQD section 110 for the 2008 Pb, 2008 ozone, emissions will not cause or contribute to Administrator to impose reasonable 2010 NO2, 2010 SO2, and 2012 PM2.5 a violation of any NAAQS. This suffices, conditions upon an approval to NAAQS. These plans reference the in the case of Wyoming, to meet the construct, modify, or operate, including Wyoming Air Quality Standards and requirements of section 110(a)(2)(A) for ambient air quality monitoring. Regulations (WAQSR) and Wyoming the 2008 Pb, 2008 ozone 2010 NO2, 2010 Additionally, the State of Wyoming Statutes. These submittals are available SO2 and 2012 PM2.5 NAAQS. submits data to the EPA’s Air Quality within the electronic docket for today’s Second, as previously discussed, the System database in accordance with 40 proposed action at www.regulations.gov. EPA is not proposing to approve or CFR 58.16. Finally, Wyoming’s 2015 The WAQSR and Wyoming Statutes disapprove any existing state rules with Annual Monitoring Network Plan was referenced in the submittals are publicly regard to director’s discretion or approved through a letter dated available at http://soswy.state.wy.us/ variance provisions. A number of states September 24, 2015 (available within Rules/default.aspx and http:// have such provisions which are contrary the docket). The State provides the EPA legisweb.state.wy.us/LSOWEB/ to the CAA and existing EPA guidance with prior notification when changes to wyStatutes.aspx. Air pollution control (52 FR 45109, Nov. 24, 1987), and the its monitoring network or plan are being regulations and statutes that have been agency plans to take action in the future considered. previously approved by the EPA and to address such state regulations. In the We find that Wyoming’s SIP and incorporated into the Wyoming SIP can meantime, the EPA encourages any state practices are adequate for the ambient be found at 40 CFR 52.2620. having a director’s discretion or air quality monitoring and data system variance provision which is contrary to VI. Analysis of the State Submittals requirements and therefore propose to the CAA and EPA guidance to take steps approve the infrastructure SIP for the 1. Emission limits and other control to correct the deficiency as soon as measures: Section 110(a)(2)(A) requires possible. 2 Steven Herman, Assistant Administrator for SIPs to include enforceable emission Finally, in this action, the EPA is also Enforcement and Compliance Assurance, and limitations and other control measures, not proposing to approve or disapprove Robert Perciasepe, Assistant Administrator for Air means, or techniques (including any existing state provision with regard and Radiation, Memorandum to the EPA Air Division Directors, ‘‘State Implementation Plans economic incentives such as fees, to excess emissions during SSM of (SIPs): Policy Regarding Emissions During marketable permits, and auctions of operations at a facility. A number of Malfunctions, Startup, and Shutdown.’’ (September emissions rights), as well as schedules states have SSM provisions which are 20, 1999).

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2008 Pb, 2008 ozone, 2010 NO2, 2010 program in place that covers all which there is a significant emission SO2 and 2012 PM2.5 NAAQS for this regulated NSR pollutants, including increase from a modification.’’ element. greenhouse gases (GHGs). The EPA is planning to take 3. Program for enforcement of control On July 25, 2011 (76 FR 44265), we additional steps to revise the federal measures: Section 110(a)(2)(C) requires approved a revision to the Wyoming PSD rules in light of the Supreme Court SIPs to ‘‘include a program to provide PSD program that addressed the PSD and subsequent D.C. Circuit opinion. for the enforcement of the measures requirements of the Phase 2 Ozone Some states have begun to revise their described in subparagraph (A), and Implementation Rule promulgated on existing SIP-approved PSD programs in regulation of the modification and November 29, 2005 (70 FR 71612). As a light of these court decisions, and some construction of any stationary source result, the approved Wyoming PSD states may prefer not to initiate this within the areas covered by the plan as program meets the current requirements process until they have more necessary to assure that [NAAQS] are for ozone. information about the planned revisions achieved, including a permit program as With respect to GHGs, on June 23, to the EPA’s PSD regulations. The EPA required in parts C and D.’’ 2014, the United States Supreme Court is not expecting states to have revised To generally meet the requirements of addressed the application of PSD their PSD programs in anticipation of section 110(a)(2)(C), the State is permitting requirements to GHG the EPA’s planned actions to revise its required to have SIP-approved PSD, emissions. Utility Air Regulatory Group PSD program rules in response to the nonattainment NSR, and minor NSR v. Environmental Protection Agency, court decisions. At present, the EPA has determined permitting programs that are adequate to 134 S.Ct. 2427 (2014). The Supreme that Wyoming’s SIP is sufficient to implement the 2008 Pb, 2010 NO2, 2010 Court held that the EPA may not treat satisfy Elements (C), (D)(i)(II) prong 3 SO2 and 2012 PM2.5 NAAQS. The EPA GHGs as an air pollutant for purposes of and (J) with respect to GHGs. This is already proposed approval of section determining whether a source is a major 110(a)(2)(C) for the 2008 ozone NAAQS because the PSD permitting program source required to obtain a PSD permit. previously approved by the EPA into in a separate rulemaking at 81 FR 53365 The Court also held that the EPA could (Aug. 12, 2016). As explained elsewhere the SIP continues to require that PSD continue to require that PSD permits, permits issued to ‘‘anyway sources’’ in this action, the EPA is not evaluating otherwise required based on emissions nonattainment related provisions, such contain limitations on GHG emissions of pollutants other than GHGs, (anyway based on the application of BACT. The as the nonattainment NSR program sources) contain limitations on GHG required by part D of the Act. The EPA EPA most recently approved revisions emissions based on the application of to Wyoming’s PSD program on is evaluating the State’s PSD program as Best Available Control Technology required by part C of the Act, and the December 6, 2013 (78 FR 73445). The (BACT). approved Wyoming PSD permitting State’s minor NSR program as required In accordance with the Supreme by section 110(a)(2)(C). program still contains some provisions Court decision, on April 10, 2015, the regarding Step 2 sources that are no Enforcement of Control Measures U.S. Court of Appeals for the District of longer necessary in light of the Supreme Requirement Columbia Circuit (the D.C. Circuit) in Court decision and D.C. Circuit’s Coalition for Responsible Regulation v. Wyoming’s Rule (02) II, Legal amended judgment. Nevertheless, the EPA, 606 F. App’x. 6, at *7–8 (D.C. Cir. Authority, which the EPA approved into presence of these provisions in the April 10, 2015), issued an amended Wyoming’s SIP,3 allows the State to previously-approved plan does not judgment vacating the regulations that enforce applicable laws, regulations, render the infrastructure SIP submission implemented Step 2 of the EPA’s PSD and standards; to seek injunctive relief; inadequate to satisfy Elements (C), and Title V Greenhouse Gas Tailoring and to provide authority to prevent (D)(i)(II) prong 3 and (J). The SIP Rule, but not the regulations that construction, modification, or operation contains the PSD requirements for implement Step 1 of that rule. Step 1 of of any stationary source at any location applying the BACT requirement to the Tailoring Rule covers sources that where emissions from such source will greenhouse gas emissions from ‘‘anyway are required to obtain a PSD permit prevent the attainment or maintenance sources’’ that are necessary at this time. based on emissions of pollutants other of a national standard or interfere with The application of those requirements is than GHGs. Step 2 applied to sources prevention of significant deterioration not impeded by the presence of other that emitted only GHGs above the requirements. previously-approved provisions thresholds triggering the requirement to regarding the permitting of Step 2 PSD Requirements obtain a PSD permit. The amended sources. Accordingly, the Supreme With respect to Elements (C) and (J), judgment preserves, without the need Court decision and subsequent D.C. the EPA interprets the CAA to require for additional rulemaking by the EPA, Circuit judgment do not prevent the each state to make an infrastructure SIP the application of the BACT EPA’s approval of Wyoming’s submission for a new or revised NAAQS requirement to GHG emissions from infrastructure SIP as to the requirements 4 demonstrating that the air agency has a Step 1 or ‘‘anyway sources.’’ With of Elements (C), (D)(i)(II) prong 3, and complete PSD permitting program respect to Step 2 sources, the D.C. (J). meeting the current requirements for all Circuit’s amended judgment vacated the Finally, we evaluate the PSD program regulated NSR pollutants. The regulations at issue in the litigation, with respect to current requirements for requirements of Element D(i)(II) prong 3 including 40 CFR 51.166(b)(48)(v), ‘‘to PM2.5. In particular, on May 16, 2008, may also be satisfied by demonstrating the extent they require a stationary the EPA promulgated the rule, the air agency has a complete PSD source to obtain a PSD permit if ‘‘Implementation of the New Source permitting program that applies to all greenhouse gases are the only pollutant Review Program for Particulate Matter regulated NSR pollutants. Wyoming has (i) that the source emits or has the Less Than 2.5 Micrometers (PM2.5)’’ (73 shown that it currently has a PSD potential to emit above the applicable FR 28321) (2008 Implementation Rule). major source thresholds, or (ii) for On October 20, 2010 the EPA 3 See 40 CFR 52.2620(e), Rule No. (02) II; 41 FR promulgated the rule, ‘‘Prevention of 36652 (Aug. 31, 1976) (approving Wyoming’s 4 See 77 FR 41066 (July 12, 2012) (rulemaking for Significant Deterioration (PSD) for revisions to its SIP). definition of ‘‘anyway’’ sources). Particulate Matter Less Than 2.5

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Micrometers (PM2.5)—Increments, years following designations for some submit a SIP that prohibits emissions Significant Impact Levels (SILs) and elements. that will have certain adverse air quality Significant Monitoring Concentration The second PSD requirement for effects in other states. CAA section (SMC)’’ (75 FR 64864). The EPA regards PM2.5 is contained in the EPA’s October 110(a)(2)(D)(i) identifies four distinct adoption of these PM2.5 rules as a 20, 2010 rule, ‘‘Prevention of Significant prongs related to the impacts of air necessary requirement when assessing a Deterioration (PSD) for Particulate pollutants transported across state lines. PSD program for the purposes of Matter Less Than 2.5 Micrometers The two prongs under 110(a)(2)(D)(i)(I) Element (C). (PM2.5)—Increments, Significant Impact require SIPs to contain adequate On January 4, 2013, the U.S. Court of Levels (SILs) and Significant Monitoring provisions to prohibit any source or Appeals, in Natural Resources Defense Concentration (SMC)’’ (75 FR 64864). other type of emissions activity within Council v. EPA, 706 F.3d 428 (D.C. Cir. The EPA regards adoption of the PM2.5 the state from emitting air pollutants 2013), issued a judgment that remanded increments as a necessary requirement that will (prong 1) contribute the EPA’s 2007 and 2008 rules when assessing a PSD program for the significantly to nonattainment in any implementing the 1997 PM2.5 NAAQS. purposes of Element (C). On July 25, other state with respect to any such The court ordered the EPA to 2011 (76 FR 44265), the EPA approved national primary or secondary NAAQS, ‘‘repromulgate these rules pursuant to SIP revisions that revised Wyoming’s and (prong 2) interfere with Subpart 4 consistent with this opinion.’’ PSD program which incorporated the maintenance by any other state with Id. at 437. Subpart 4 of part D, Title 1 2008 Implementation Rule. The EPA respect to the same NAAQS. The two of the CAA establishes additional approved revisions to reflect the 2010 prongs under 110(a)(2)(D)(i)(II) require provisions for particulate matter PM2.5 Increment Rule on December 6, SIPs to contain adequate provisions to nonattainment areas. 2013 (78 FR 73445). Therefore, prohibit emissions that will interfere The 2008 Implementation Rule Wyoming’s SIP approved PSD program with measures required to be included addressed by Natural Resources Defense meets current requirements for PM2.5. in the applicable implementation plan Therefore, the EPA is proposing to Council, ‘‘Implementation of New for any other state under part C (prong approve Wyoming’s infrastructure SIP Source Review (NSR) Program for 3) to prevent significant deterioration of for the 2008 Pb, 2008 ozone, 2010 NO Particulate Matter Less Than 2.5 2, air quality or (prong 4) to protect 2010 SO and 2012 PM NAAQS with Micrometers (PM ),’’ (73 FR 28321, 2 2.5 visibility. In this action, the EPA is only 2.5 respect to the requirement in section May 16, 2008), promulgated NSR addressing prong 3 of CAA section 110(a)(2)(C) to include a PSD permitting 110(a)(2)(D)(i)(II) for the 2008 Pb, 2010 requirements for implementation of program in the SIP that covers the PM in nonattainment areas SO2, 2010 NO2 and 2012 PM2.5 NAAQS. 2.5 requirements for all regulated NSR All other transport prongs will be (nonattainment NSR) and attainment/ pollutants as required by part C of the unclassifiable areas (PSD). As the addressed in separate rulemaking Act. actions. requirements of Subpart 4 only pertain to nonattainment areas, the EPA does Minor NSR Evaluation of Interference With not consider the portions of the 2008 The State has a SIP-approved minor Measures To Prevent Significant Implementation Rule that address NSR program, adopted under section Deterioration (PSD) requirements for PM2.5 attainment and 110(a)(2)(C) of the Act. The minor NSR With regard to the PSD portion of unclassifiable areas to be affected by the program is found in Chapter 6, Section CAA section 110(a)(2)(D)(i)(II), this court’s opinion. Moreover, the EPA does 2 of the WAQSR. The EPA previously requirement may be met by a state’s not anticipate the need to revise any approved Wyoming’s minor NSR confirmation in an infrastructure SIP PSD requirements promulgated in the program into the SIP (at that time as submission that new major sources and 2008 Implementation Rule in order to Chapter 1, Section 21), and has major modifications in the state are comply with the court’s decision. subsequently approved revisions to the subject to a comprehensive EPA- Accordingly, the EPA’s proposed program, and at those times there were approved PSD permitting program in approval of Wyoming’s infrastructure no objections to the provisions of this the SIP that applies to all regulated NSR SIP as to Elements (C), (D)(i)(II) prong 3, program. (See, for example, 47 FR 5892, pollutants and that satisfies the and (J) with respect to the PSD February 9, 1982). Since then, the State requirements of the EPA’s PSD requirements promulgated by the 2008 and the EPA have relied on the State’s implementation rules.5 As noted in the Ozone Implementation rule does not existing minor NSR program to assure discussion for infrastructure element (C) conflict with the court’s opinion. that new and modified sources not earlier in this notice, the EPA is The court’s decision with respect to captured by the major NSR permitting proposing to approve CAA section the nonattainment NSR requirements program do not interfere with 110(a)(2) element (C) for Wyoming’s promulgated by the 2008 attainment and maintenance of the infrastructure SIP for the 2008 Pb, 2010 Implementation Rule also does not NAAQS. NO2, 2010 SO2, and 2012 PM2.5 NAAQS affect the EPA’s action on the present The EPA is proposing to approve with respect to PSD requirements. As infrastructure action. The EPA Wyoming’s infrastructure SIP for the discussed in detail in that section, interprets the Act to exclude 2008 Pb, 2010 NO2, 2010 SO2 and 2012 Wyoming’s SIP meets the current PSD- nonattainment area requirements, PM2.5 NAAQS with respect to the related requirements of section including requirements associated with general requirement in section 110(a)(2)(C). For this reason, we are also a nonattainment NSR program, from 110(a)(2)(C) to include a program in the proposing to approve Wyoming’s infrastructure SIP submissions due three SIP that regulates the enforcement of infrastructure SIP as meeting the years after adoption or revision of a control measures in the SIP, and the 110(a)(2)(D)(i)(II) prong 3 (PSD) NAAQS. Instead, these elements are modification and construction of any requirements for the 2008 Pb, 2010 NO2, typically referred to as nonattainment stationary source as necessary to assure 2010 SO2 and 2012 PM2.5 NAAQS. SIP or attainment plan elements, which that the NAAQS are achieved. In-state sources not subject to PSD for would be due by the dates statutorily 4. Interstate transport: The interstate a particular NAAQS because they are in prescribed under subpart 2 through 5 transport provisions in CAA section under part D, extending as far as 10 110(a)(2)(D)(i) require each state to 5 See 2013 Memo at 31.

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a nonattainment area for that standard funding, and authority under State law upon any other local or regional may also have the potential to interfere to carry out [the SIP] (and is not government, agency or instrumentality with PSD in an attainment or prohibited by any provision of federal or for implementation of the SIP. unclassifiable area of another state.6 state law from carrying out the SIP or Therefore, we propose to approve One way a state may satisfy prong 3 portion thereof).’’ Section Wyoming’s SIP as meeting the with respect to these sources is by citing 110(a)(2)(E)(ii) also requires each state requirements of section 110(a)(2)(E)(i) an air agency’s EPA-approved to ‘‘comply with the requirements and (E)(iii) for the 2008 Pb, 2008 ozone, nonattainment NSR provisions respecting state boards’’ under CAA 2010 NO2, 2010 SO2 and 2012 PM2.5 addressing any pollutants for which the section 128. Section 110(a)(2)(E)(iii) NAAQS. state has designated nonattainment requires states to provide ‘‘necessary b. Sub-Element (ii): State Boards areas. Wyoming has a SIP-approved assurances that, where the State has nonattainment NSR program which relied on a local or regional government, Section 110(a)(2)(E)(ii) requires each ensures regulation of major sources and agency, or instrumentality for the state’s SIP to contain provisions that major modifications in nonattainment implementation of any [SIP] provision, comply with the requirements of section areas, and therefore satisfies prong 3 the State has responsibility for ensuring 128 of the CAA. Section 128 contains with regard to this requirement.7 adequate implementation of such [SIP] two explicit requirements: (i) That ‘‘any The EPA is proposing to approve the provision.’’ board or body which approves permits infrastructure SIP submission with or enforcement orders under [the CAA] a. Sub-Elements (i) and (iii): Adequate regard to the requirements of prong 3 of shall have at least a majority of members Personnel, Funding, and Legal section 110(a)(2)(D)(i)(II) for the 2008 who represent the public interest and do Authority Under State Law To Carry Pb, 2010 NO , 2010 SO and 2012 PM not derive any significant portion of 2 2 2.5 Out Its SIP, and Related Issues NAAQS. their income from persons subject to 5. Interstate and International The provisions contained in Articles permits or enforcement orders’’ under transport provisions: CAA section 1 and 2 of the Wyoming Environmental the CAA; and (ii) that ‘‘any potential 110(a)(2)(D)(ii) requires SIPs to include Quality Act (WEQA) (Chapter 11, Title conflicts of interest by members of such provisions ensuring compliance with 35 of the Wyoming Statutes) give the board or body or the head of an the applicable requirements of CAA State adequate authority to carry out its executive agency with similar powers be sections 126 and 115 (relating to SIP obligations with respect to the 2008 adequately disclosed.’’ interstate and international pollution Pb, 2008 ozone, 2010 NO2, 2010 SO2 In our December 6, 2013 (78 FR abatement, respectively). Specifically, and 2012 PM2.5 NAAQS. 73445) action, we disapproved section 126(a) of the CAA requires major With respect to funding, the State Wyoming’s March 26, 2008 and August new or modified sources to notify receives sections 103 and 105 grant 19, 2011 infrastructure SIP submissions affected, nearby states of the source’s funds through its Performance for the 1997 and 2006 PM2.5 NAAQS for potential impacts on air pollution. Partnership Grant along with required CAA Section 110(a)(2)(E)(ii) because the Sections 126(b) and (c) pertain to state matching funds to provide funding Wyoming SIP did not contain petitions affected states may seek from necessary to carry out Wyoming’s SIP provisions meeting requirements of the Administrator of the EPA requirements. CAA section 128(a)(1) or (2). Under (Administrator) regarding sources Wyoming’s Performance Partnership section 110(c)(1)(B), this disapproval violating the ‘‘interstate transport’’ Agreement (available within the docket) started a two-year clock for the EPA to provisions of section 110(a)(2)(D)(i). with the EPA documents resources promulgate a federal implementation Section 115 of the CAA similarly needed to carry out agreed upon plan (FIP) to address the deficiency. pertains to international transport of air environmental program goals, measures, On May 31, 2016, the EPA received a pollution. and commitments, including developing submission from the State of Wyoming As required by 40 CFR and implementing appropriate SIPs for to address the requirements of section 51.166(q)(2)(iv), Wyoming’s SIP- all areas of the State. Annually, states 128 by adopting revisions to Chapter 1, approved PSD program requires major update these grant commitments based Section 16 of the Wyoming Department new or modified sources to provide on current SIP requirements, air quality of Environmental Quality General Rules notice to states whose air quality may be planning, and applicable requirements of Practice and Procedure. The impacted by the emissions of sources related to the NAAQS. Wyoming Wyoming Environmental Quality subject to PSD.8 This suffices to meet satisfactorily met all commitments Council approved these revisions on the notice requirement of section 126(a). agreed to in the Air Planning Agreement March 2, 2016. A copy of the Wyoming has no pending obligations for fiscal year 2015. Furthermore, submission, which includes as under sections 126(c) or 115(b) of the WAQSR Chapter 6, Section 2(a)(v), revisions, the addition of Section 16, Air CAA; therefore, its SIP currently meets Permit for construction, modification, Quality Division, State Implementation the requirements of those sections. In and operation, requires the owner and Plan, to Chapter 1, is available within summary, the SIP meets the operator of each new major source or this docket. These rules address board requirements of CAA section major modification to pay a fee composition and conflict of interest 110(a)(2)(D)(ii), and the EPA is therefore sufficient to cover the cost of reviewing requirements of section 128(a)(1) and proposing approval of this element for and acting on permit applications. (2). We propose to approve this new rule language as meeting the the 2008 Pb, 2008 ozone, 2010 NO2, Collectively, these rules and requirements of section 128 for the 2010 SO2 and 2012 PM2.5 NAAQS. commitments provide evidence that the 6. Adequate resources: Section Wyoming DEQ has adequate personnel reasons explained in more detail below. 110(a)(2)(E)(i) requires states to provide (see non-regulatory document, Because this revision meets the ‘‘necessary assurances that the state Resources Document, cited in requirements of section 128, we also [. . .] will have adequate personnel, Wyoming’s certifications), funding, and propose to approve the State’s legal authority to carry out the State’s infrastructure SIP submissions for 6 Id. at 31. implementation plan and related issues. element 110(a)(2)(E)(ii). The State 7 See WAQSR Chapter 6, Section 13. With respect to section submitted the provisions to meet section 8 See WAQSR Chapter 6, Section 2. 110(a)(2)(E)(iii), the State does not rely 128 separately, but section 128 is not

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NAAQS-specific and once the State has subsections 128(a)(1) and 128(a)(2). A body approves permits or enforcement met the requirements of section 128, mere narrative description of state orders under the CAA or whether a head that is sufficient for purposes of section statutes or rules, or of a state’s current of a state agency (or his/her delegates) 110(a)(2)(E)(ii) for all NAAQS. If we or past practice in constituting a board performs these duties. Thus, all state finalize this proposed approval for the or body and in disclosing potential SIPs must contain provisions that 2008 Pb, 2008 ozone, 2010 NO2, 2010 conflicts of interest, is not a requirement require adequate disclosure of potential SO2 and 2012 PM2.5 NAAQS, this will contained in the SIP and does not conflicts of interest in order to meet the also resolve the prior disapproval for satisfy the plain text of section 128. requirements of subsection 128(a)(2). element 110(a)(2)(E)(ii) for the 1997 and Subsection 128(a)(1) applies only to The question of which entities or parties 2006 PM2.5 NAAQS and terminate the states that have a board or body that is must be subject to such disclosure EPA’s FIP obligation. composed of multiple individuals and requirements must be evaluated by We are proposing to approve the that, among its duties, approves permits states and the EPA in light of the State’s May 31, 2016 SIP submission as or enforcement orders under the CAA. specific facts and circumstances of each meeting the requirements of section 128 It does not apply in states that have no state’s regulatory structure. because we believe that it complies with such multi-member board or body that A state may satisfy the requirements the statutory requirements and is performs these functions, and where of section 128 by submitting for consistent with the EPA’s guidance instead a single head of an agency or adoption into the SIP a provision of recommendations concerning section other similar official approves permits state law that closely tracks or mirrors 128. In 1978, the EPA issued a guidance or enforcement orders under the CAA. the language of the applicable memorandum recommending ways This flows from the text of section 128, provisions of section 128. A state may states could meet the requirements of for two reasons. First, as subsection take this approach in two ways. First, section 128, including suggested 128(a)(1) refers to a majority of members the state may adopt the language of interpretations of certain key terms in of the board or body in the plural, we subsections 128(a)(1) and 128(a)(2) 9 section 128. In this proposed notice, think it reasonable to read subsection verbatim. Under this approach, the state we discuss additional relevant aspects 128(a)(1) as not creating any will be able to meet the continuing of section 128. We first note that, in the requirements for an individual with sole requirements of section 128 without any conference report of the 1977 authority for approving permits or additional, future SIP revisions, even if amendments to the CAA, the conference enforcement orders under the CAA. the state adds or removes authority, committee stated, ‘‘[i]t is the Second, subsection 128(a)(2) explicitly either at the state or local level, to responsibility of each state to determine applies to the head of an executive individual or to boards or bodies to the specific requirements to meet the agency with ‘‘similar powers’’ to a board approve permits or enforcement orders general requirements of [section or body that approves permits or under the CAA so long as the state 128].’’ 10 This legislative history enforcement orders under the CAA, continues to meet section 128 indicates that Congress intended states while subsection 128(a)(1) omits any requirements. to have some latitude in adopting SIP reference to heads of executive agencies. provisions with respect to section 128, We infer that subsection 128(a)(1) Second, the state may modify the so long as states meet the statutory should not apply to heads of executive language of subsections 128(a)(1) (if requirements of the section. We also agencies who approve permits or applicable) and 128(a)(2) to name the note that Congress explicitly provided enforcement orders. States with no particular board, body, or individual in section 128 that states could elect to multi-member board or body that official with approval authority. In this adopt more stringent requirements, as performs these functions, and instead case, if the state subsequently modifies long as the minimum requirements of have a single head of an agency or other that authority, the state may have to section 128 are met. similar official who approves CAA submit a corresponding SIP revision to In implementing section 128, the EPA permits or enforcement orders, can meet the continuing requirements of has identified a number of key satisfy the requirements of CAA section 128. If the state chooses to not considerations relevant to evaluation of 128(a)(1) with a negative declaration to mirror the language of section 128, the a SIP submission. The EPA has that effect. state may adopt state statutes and/or identified these considerations in the Subsection 128(a)(2) applies to all regulations that functionally impose the 1978 guidance and in subsequent states, regardless of whether the state same requirements as those of section rulemaking actions on SIP submissions has a multi-member board or body that 128, including definitions for key terms relevant to section 128, whether as SIP approves permits or enforcement orders such as those recommended in the revisions for this specific purpose or as under the CAA. Although the title of EPA’s 1978 guidance. While either of an element of broader actions on section 128 is ‘‘State boards,’’ the these approaches would meet the infrastructure SIP submissions for one language of subsection 128(a)(2) minimum requirements of section 128, or more NAAQS. explicitly applies where the head of an the statute also explicitly authorizes Each state must meet the executive agency, rather than a board or states to adopt more stringent requirements of section 128 through body, approves permits or enforcement requirements, for example, to impose provisions that the EPA approves into orders. In instances where the head of additional requirements for recusal of the state’s SIP and are thus made an executive agency delegates his or her board members from decisions, above federally enforceable. Section 128 power to approve permits or and beyond the explicit board explicitly mandates that each SIP ‘‘shall enforcement orders, or where statutory composition requirements. Although contain requirements’’ that satisfy authority to approve permits or such recusal alone does not meet the enforcement orders is nominally vested requirements of section 128, states have 9 Memorandum from David O. Bickart, Deputy in another state official, the requirement the authority to require such recusal General Counsel, to Regional Air Directors, to adequately disclose potential over and above the explicit Guidance to States for Meeting Conflict of Interest conflicts of interest still applies. In other requirements of section 128. These Requirements of Section 128 (Mar. 2, 1978). approaches give states flexibility in 10 H.R. Rep. 95–564 (1977), reprinted in 3 words, the EPA interprets section Legislative History of the Clean Air Act 128(a)(2) to apply to all states, implementing section 128, while still Amendments of 1977, 526–27 (1978). regardless of whether a state board or ensuring consistency with the statute.

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As previously explained, the EPA or enforcement orders, as required by 2008, which modified the requirements interprets subsection 128(a)(1) to apply the Clean Air Act, Section 128(a)(1).’’ for collecting and reporting air only to states that have a board or body We propose to approve this submission emissions data (73 FR 76539). The with multiple members that, among its as satisfying the requirements of AERR shortened the time states had to duties, approves permits or enforcement subsection 128(a)(1). report emissions data from 17 to 12 orders under the Act. Wyoming’s The State’s May 31, 2016 submittal months, giving states one calendar-year Environmental Quality Act establishes includes requirements that Council to submit emissions data. All states are the Environmental Quality Council members ‘‘disclose any potential required to submit a comprehensive (EQC or Council), a separate agency of conflicts of interest in a public meeting emissions inventory every three years state government. See Wyoming Statutes of the Council as required by the Clean and report emissions for certain larger 35–11–111(a). The members of the Air Act, Section 128(a)(2).’’ Thus, sources annually through the EPA’s Council are appointed by the Governor. Wyoming’s submittal addresses online Emissions Inventory System. Among the duties of the Council are disclosure of potential conflicts of States report emissions data for the six conducting hearings in any case interest from Council members that criteria pollutants and their associated contesting the administration or approve permits and enforcement orders precursors—nitrogen oxides, sulfur enforcement of any law, rule, regulation, under the Act. We therefore propose to dioxide, ammonia, lead, carbon standard or order issued or approve this submission as satisfying monoxide, particulate matter and administered by DEQ or by any division the requirements of subsection volatile organic compounds. Many of DEQ. Id. at 35–11–112(a)(iii). In 128(a)(2). states also voluntarily report emissions particular, a person subject to a DEQ In summary, the EPA proposes to of hazardous air pollutants. Wyoming order may request a hearing before the approve Wyoming’s May 31, 2016 made its latest update to the NEI in May Council. Id. at 35–11–701(c)(ii)–(iv). submittal into the SIP to meet the 2016. The EPA compiles the emissions The Council must also conduct hearings requirements of section 128 of the Act. data, supplementing it where necessary, in any case contesting the grant, denial, We also propose to approve Wyoming’s and releases it to the general public suspension, revocation or renewal of infrastructure SIP with respect to the through the Web site https:// any permit authorized or required by requirements of Section 110(a)(2)(E)(ii) www.epa.gov/air-emissions-inventories. the Environmental Quality Act. Id. at for 2008 Pb, 2008 ozone, 2010 NO2, 2010 Based on the analysis above, we 35–11–112(a)(iv). Under Article 2, Air SO2 and 2012 PM2.5 NAAQS. propose to approve the Wyoming SIP as Quality, and Article 8, Permits, of the 7. Stationary source monitoring meeting the requirements of CAA Environmental Quality Act, any system: Section 110(a)(2)(F) requires: (i) section 110(a)(2)(F) for the 2008 Pb, applicant for an air permit may petition ‘‘The installation, maintenance, and 2008 ozone 2010 NO , 2010 SO and the Council for a hearing to contest replacement of equipment, and the , 2 2 2012 PM NAAQS. DEQ’s decision on the permit. See id. at implementation of other necessary 2.5 35–11–208; 35–11–802. steps, by owners or operators of 8. Emergency powers: Section Given the duties and authorities of the stationary sources to monitor emissions 110(a)(2)(G) of the CAA requires Council, the Council appears to be a from such sources; (ii) periodic reports infrastructure SIPs to ‘‘provide for ‘‘board or body which approves permits on the nature and amounts of emissions authority comparable to that in [CAA or enforcement orders’’ under the and emissions-related data from such section 303] and adequate contingency CAA.11 As the EPA has explained in sources; and (iii) correlation of such plans to implement such authority[.]’’ other rulemaking actions, e.g., 78 FR reports by the State agency with any Under CAA section 303, the EPA 32613 (May 31, 2013), we interpret emission limitations or standards Administrator has authority to bring suit section 128(a)(1) to mean that boards established pursuant to [the Act], which to immediately restrain an air pollution that are the potential final reports shall be available at reasonable source that presents an ‘‘imminent and decisionmaker via permit and times for public inspection.’’ substantial endangerment to public enforcement order appeals ‘‘approve’’ Wyoming’s SIP approved monitoring health or welfare, or the those permits and enforcement orders. provision cited by Wyoming in its environment.’’ 12 If such action may not For example, by being the final certifications (WAQSR Chapter 6, practicably assure prompt protection, decisionmaker with respect to questions Section 2, Permit requirements for then the Administrator has authority to such as whether a source receives a construction, modification, and issue temporary administrative orders to permit and the specific contents of such operation), pertains to its program of protect the public health or welfare, or a permit, the Council is an entity that periodic emissions testing and plant the environment, and such orders can approves the permit within the meaning inspections of stationary sources, and be extended if the EPA subsequently of 128(a)(1). Thus, the EQC is subject to related testing requirements and files a civil suit. We propose to find that the requirements of 128(a)(1). protocols (including periodic reporting) Wyoming’s infrastructure SIP submittals Wyoming’s May 31, 2016 submission to assure compliance with emissions provide for authority for the State includes a provision in the Wyoming limits. Additionally, WAQSR Chapter 7, comparable to that granted to the EPA DEQ Chapter 1, General Rules of Section 2 (Continuous monitoring Administrator to act in the face of an Practice and Procedure Section 16(a)(i), requirements for existing sources), imminent and substantial endangerment Air Quality Division, State requires certain sources to install and to the public’s health or welfare, or the Implementation Plan, which provides maintain continuous emission monitors environment. that the Council ‘‘shall have at least a to assure compliance with emission limitations. majority of members who represent the 12 Furthermore, Wyoming is required to A discussion of the requirements for meeting public interest and do not derive a CAA section 303 is provided in our notice of significant portion of their income from submit emissions data to the EPA for proposed rulemaking: Promulgation of State persons subject to Air Quality permits purposes of the National Emissions Implementation Plan Revisions; Infrastructure Inventory (NEI). The NEI is the EPA’s Requirements for the 1997 and 2006 PM2.5, 2008 Lead, 2008 Ozone, and 2010 NO2 National Ambient 11 See, e.g., 78 FR 32613 (May 31, 2013), for a central repository for air emissions data. Air Quality Standards; South Dakota (79 FR 71040, discussion of the phrase ‘‘board or body which The EPA published the Air Emissions Dec. 1, 2014) under ‘‘VI. Analysis of State approves permits or enforcement orders.’’ Reporting Rule (AERR) on December 5, Submittals, 8. Emergency powers.’’

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Wyoming’s SIP certifications with by submitting a plan that meets the and 40 CFR part 51, appendix L do not regard to the section 110(a)(2)(G) applicable requirements of 40 CFR part apply to Pb. emergency order requirements cite EPA 51, subpart H for the relevant NAAQS Based on the above analysis, we approved provisions (WAQSR Chapter if the NAAQS is covered by those propose approval of Wyoming’s SIP as 12, Section 2, Air pollution emergency regulations. The EPA approved meeting the requirements of CAA episodes) which establish a basis for the Wyoming’s Emergency Episode Plan on section 110(a)(2)(G) for the 2008 Pb, Division to issue notices to the public February 9, 1982 at 47 FR 5892. We find 2008 ozone, and 2010 NO2, 2010 SO2 relating to levels of air pollution from that Wyoming’s Emergency Episode and 2012 PM2.5 NAAQS. ‘‘alerts,’’ ‘‘warnings,’’ and Plan and air pollution emergency rules 9. Future SIP revisions: Section ‘‘emergencies’’ to prevent ‘‘a substantial (WAQSR Chapter 12, Section 2, Air 110(a)(2)(H) requires that SIPs provide threat to the health of persons’’ if ‘‘such pollution emergency episodes) include for revision of such plan: (i) ‘‘[f]rom 13 14 [pollution] levels are sustained or PM10 and SO2 ; establish stages of time to time as may be necessary to take exceeded’’ in places that are attaining or episode criteria; provide for public account of revisions of such national have attained such pollution levels. announcement whenever any episode primary or secondary ambient air WAQSR Chapter 12, Section 2(a) allows stage has been determined to exist; and quality standard or the availability of for the broad application of this specify emission control actions to be improved or more expeditious methods provision to ‘‘air pollutants’’ beyond taken at each episode stage, consistent of attaining such standard[;] and (ii) PM10 and SO2. Sections 35–11–115(a) with the EPA emergency episode SIP except as provided in paragraph (3)(C), and (b) of the WEQA also provides the requirements set forth at 40 CFR part 51 whenever the Administrator finds on Director power to issue emergency subpart H (prevention of air pollution the basis of information available to the orders ‘‘to reduce or discontinue emergency episode) for particulate Administrator that the [SIP] is substantially inadequate to attain the immediately the actions causing the matter, ozone, NO2, and SO2. condition of pollution’’ and institute ‘‘a As noted in the 2011 Memo ‘‘based on [NAAQS] which it implements or to civil action for immediate injunctive [the] EPA’s experience to date with the otherwise comply with any additional relief to halt any activity’’ presenting an Pb NAAQS and designating Pb requirements under this [Act].’’ The general provisions in Article 1 of ‘‘immediate and substantial danger to nonattainment areas, [the] EPA expects the WEQA (Article 1, Chapter 11, Title human or animal health or safety.’’ that an emergency episode associated 35 of the Wyoming Statutes) and the Furthermore, as stated in Wyoming’s with Pb emissions would be unlikely particular provision in Article 2, section 2012 PM2.5 certification, WEQA Section and, if it were to occur, would be the 35–11–202 of the Wyoming Statutes, 35–11–901(a) authorizes the DEQ to result of a malfunction or other gives the Director sufficient authority to seek a penalty or injunction from a court emergency situation at a relatively large meet the requirements of CAA section of competent jurisdiction for ‘‘[a]ny source of Pb’’ (page 14).15 Accordingly, 110(a)(2)(H). Therefore, we propose to person who violates, or any director, the EPA believes the central approve Wyoming’s SIP as meeting the officer or agent of a corporate permittee components of a contingency plan who willfully and knowingly requirements of CAA section would be to reduce emissions from the 110(a)(2)(H). authorizes, orders or carries out the source at issue and communicate with violation of any provision of this act, or 10. Consultation with government the public as needed. We note that 40 officials, public notification, PSD and any rule, regulation, standard or permit CFR part 51, subpart H (51.150–51.152) adopted hereunder or who violates any visibility protection: Section 110(a)(2)(J) determination or order of the council requires that each SIP ‘‘meet the 13 The EPA has not yet promulgated regulations applicable requirements of section 121 pursuant to this act or any rule, for ambient levels pertaining to priority levels for of this title (relating to consultation), regulation, standard permit, license or PM2.5 under the 2012 NAAQS (2013 Memo, p. 47). variance. . .’’ The EPA’s September 25, 2009 Memo (available section 127 of this title (relating to While no single Wyoming statute within the docket) suggested that states with areas public notification), and part C of this mirrors the authorities of CAA section that have had a PM2.5 exceedance greater than 140.4 subchapter (relating to PSD of air mg/m3 should develop and submit an emergency 303, we propose to find that the episode plan. If no such concentration was recorded quality and visibility protection).’’ combination of WEQA and WAQSR in the last three years, the guidance suggested that In its certifications, the State cites one provisions previously discussed provide the State can rely on its general emergency non-regulatory document relative to for authority comparable to section 303. authorities. In this rulemaking, we continue to view consultation with government officials these suggestions as appropriate in assessing Section 303 authorizes the Wyoming’s SIP for this element. Wyoming has not (e.g., Consultation, approved by EPA Administrator to immediately bring suit had such a recorded PM2.5 level and thus an July 2, 1979 (44 FR 38473)) to meet the to restrain and issue emergency orders emergency episode plan for PM2.5 is not necessary. requirements of CAA section 121. The when necessary, and to take prompt The SIP therefore meets the requirements of CAA State has demonstrated that it has the section 110(a)(2)(G) for the 2012 PM2.5 NAAQS. administrative action against any person 14 authority and rules in place to provide As stated in Wyoming’s 2012 PM2.5 causing or contributing to air pollution infrastructure SIP certification, ‘‘WAQSR Chapter a process of consultation with general that presents an imminent and 12, Emergency Controls, establishes a basis for the purpose local governments, designated substantial endangerment to public Division to issue air pollution alerts, warnings, or organizations of elected officials of local health or welfare, or the environment. emergencies in order to prevent the occurrence of governments and any Federal Land an air pollution emergency stemming from the Therefore, we propose that Wyoming’s effects of air pollutants on the health of persons. Manager having authority over federal SIP submittals sufficiently meet the While guidance for the issuance of alerts, warnings, land to which the SIP applies, requirements of CAA 110(a)(2)(G) or emergencies is established specifically for PM10 consistent with the requirements of because they demonstrate that Wyoming and SO2, the chapter does not limit its purview to CAA section 121 (see Wyoming’s non- these two pollutants—and could encompass other regulatory document, Intergovernmental has authority comparable to CAA pollutants such as PM2.5.’’ Furthermore, Wyoming section 303. is not required to have a specific contingency plan Cooperation). Furthermore, the non- States must also have adequate for particulate matter, ozone, NO2, or SO2 (see 40 regulatory document, Public contingency plans adopted into their CFR 52.2621). Notification of Air Quality, approved by 15 October 14, 2011, ‘‘Guidance on Infrastructure SIP to implement the air agency’s SIP Elements Required Under Sections 110(a)(1) EPA July 2, 1979 (44 FR 38473), cited emergency episode authority (as and (2) for the 2008 Lead (Pb) National Ambient Air by Wyoming, meets the general previously discussed). This can be done Quality Standards (NAAQS).’’ requirements of CAA section 127 to

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notify the public when the NAAQS have request, of data related to such air WAQSR Chapter 6, Section 2, been exceeded. quality modeling to the Administrator.’’ paragraph (o) and WEQA sections 35– Wyoming’s SIP regulations for its PSD Wyoming’s PSD program requires that 11–211(a), Fees, require applicants of program were first federally-approved estimates of ambient air concentrations construction permits to pay the costs for and made part of the SIP on September be based on applicable air quality DEQ to review and act on the permit 6, 1979 (44 FR 51977). The EPA has models specified in appendix W of 40 applications. We also note that fees further evaluated the State’s SIP- CFR part 51, and that modification or collected under Wyoming’s approved approved PSD program in section VI.3 substitution of a model specified in title V permit program (64 FR 8523, Feb, which discusses element 110(a)(2)(C) of appendix W must be approved by the 22, 1990) are sufficient to implement this proposed action. As explained in Administrator (see WAQSR Chapter 6, and enforce the program (see 59 FR that section, we propose to approve Section 2(b)(iv)). Additionally, WAQSR 48802, Sept. 23, 1994). Therefore we Wyoming’s infrastructure SIPs for the Chapter 6, Section 2(f)(iv) authorizes the propose to approve the submissions as 2008 Pb, 2010 NO2, 2010 SO2 and 2012 AQD Administrator to impose any submitted by the State for the 2008 Pb, PM2.5 NAAQS with respect to the reasonable conditions upon an approval 2008 ozone, 2010 NO2, 2010 SO2 and requirement in element (C) to have a to construct, modify or operate, 2012 PM2.5 NAAQS. permit program as required by Part C of including modeling ‘‘. . . to determine 13. Consultation/participation by the Act. We similarly propose to the effect which emissions from a affected local entities: Section approve the infrastructure SIPs for the source may have, or is having, on air 110(a)(2)(M) requires states to ‘‘provide 2008 Pb, 2010 NO2, 2010 SO2 and 2012 quality in any area which may be for consultation and participation [in PM2.5 NAAQS with respect to the affected by emissions from such SIP development] by local political requirement in element (J) that the SIP source.’’ Furthermore, the WEQA 35– subdivisions affected by [the SIP].’’ meet the applicable requirements of Part 11–1101(b) and Wyoming’s PPA provide The non-regulatory document, C with respect to PSD. Wyoming with the authority to submit Finally, with regard to the applicable Intergovernmental Cooperation, cited in air quality modeling date to the requirements for visibility protection, Wyoming’s submittals meets the Administrator.16 As a result, the SIP the EPA recognizes states are subject to requirements of CAA section provides for such air quality modeling visibility and regional haze program 110(a)(2)(M). We propose to approve as the Administrator has prescribed. requirements under part C of the Act. In Wyoming’s SIP as meeting these the event of the establishment of a new Therefore, we propose to approve the requirements for the 2008 Pb, 2008 NAAQS, however, the visibility and Wyoming SIP as meeting CAA section ozone, 2010 NO2, 2010 SO2 and 2012 regional haze program requirements 110(a)(2)(K) for the 2008 Pb, 2008 ozone, PM2.5 NAAQS. 2010 NO 2010 SO and 2012 PM under part C do not change. Thus, we 2, 2 2.5 VII. What action is the EPA taking? find that there are no applicable NAAQS. visibility requirements under section 12. Permitting fees: Section In this action, the EPA is proposing to 110(a)(2)(J) when a new NAAQS 110(a)(2)(L) requires ‘‘the owner or approve infrastructure elements for the becomes effective. operator of each major stationary source 2008 Pb, 2008 ozone, 2010 NO2, 2010 Based on the above analysis, we to pay to the permitting authority, as a SO2 and 2012 PM2.5 NAAQS from the propose to approve the Wyoming SIP as condition of any permit required under State’s certifications as shown in Table meeting the requirements of CAA this [Act], a fee sufficient to cover[:] (i) 1. Elements we propose no action on are section 110(a)(2)(J) for the 2008 Pb, 2008 the reasonable costs of reviewing and reflected in Table 2. Finally, the EPA is ozone, 2010 NO2, 2010 SO2 and 2012 acting upon any application for such a proposing to approve a new Wyoming PM2.5 NAAQS. permit[;] and (ii) if the owner or DEQ General Rules of Practice and 11. Air quality and modeling/data: operator receives a permit for such Procedures submitted on May 31, 2016 Section 110(a)(2)(K) requires each SIP to source, the reasonable costs of to satisfy requirements of element provide for: (i) ‘‘the performance of such implementing and enforcing the terms (E)(ii),which refers to requirements air quality modeling as the and conditions of any such permit (not related to state boards. Administrator may prescribe for the including any court costs or other costs A comprehensive summary of purpose of predicting the effect on associated with any enforcement infrastructure elements, and additions ambient air quality of any emissions of action), until such fee requirement is to the Wyoming DEQ Rules of Practice any air pollutant for which the superseded with respect to such sources and Procedures organized by the EPA’s Administrator has established a by the Administrator’s approval of a fee proposed rule action are provided in [NAAQS]; and (ii) the submission, upon program under [title] V.’’ Table 1 and Table 2.

TABLE 1—LIST OF WYOMING INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS PROPOSING TO APPROVE

Proposed for approval

October 12, 2011 submittal—2008 Pb NAAQS: (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). March 6, 2015 submittal—2010 SO2 NAAQS: (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). February 6, 2014 submittal—2008 Ozone NAAQS: (A), (B), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). January 24, 2014 submittal—2010 NO2 NAAQS: (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). June 24, 2016 submittal—2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II) prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). May 31, 2016 submittal—New Rules to Wyoming DEQ General Rules of Practice and Procedure, CAA Section 128: Chapter 1, General Provi- sions, Section 16, Air Program State Implementation Plan.

16 See Email from Michael Morris ‘‘Question Quality Modeling Data’’ September 15, 2016, Regarding iSIP Element K- Submission of Air available within docket.

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TABLE 2—LIST OF WYOMING INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS PROPOSING TO TAKE NO ACTION ON

Proposed for no action (revision to be made in separate rulemaking action.)

January 19, 2012 submittal—2008 Pb NAAQS: (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4. February 6, 2014 submittal—2008 Ozone NAAQS: (D)(i) prongs 1–4 and (C) (proposed action on (D)(i)(II) prong 3 and (C) at 81 FR 53365, Aug. 12, 2016). January 31, 2013 submittal—2010 NO2 NAAQS: (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4. June 2, 2013 submittal—2010 SO2 NAAQS: (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4. December 22, 2015 submittal—2012 PM2.5 NAAQS: (D)(i)(I) prongs 1 and 2, (D)(i)(II) prong 4.

VIII. Incorporation by Reference • Is certified as not having a Authority: 42 U.S.C. 7401 et seq. significant economic impact on a In this rulemaking, the EPA is Dated: October 20, 2016. substantial number of small entities proposing to include in a final EPA rule Shaun L. McGrath, under the Regulatory Flexibility Act (5 regulatory text that includes Regional Administrator, Region 8. U.S.C. 601 et seq.); incorporation by reference. In [FR Doc. 2016–26860 Filed 11–7–16; 8:45 am] • Does not contain any unfunded accordance with requirements of 1 CFR BILLING CODE 6560–50–P mandate or significantly or uniquely 51.5, the EPA is proposing to affect small governments, as described incorporate by reference the Wyoming in the Unfunded Mandates Reform Act Department of Environmental Quality of 1995 (Pub. L. 104–4); FEDERAL COMMUNICATIONS General Rules of Practice and • Does not have federalism COMMISSION Procedure, Chapter 1, General implications as specified in Executive Provisions, Section 16, Air Program Order 13132 (64 FR 43255, Aug. 10, 47 CFR Parts 10 and 11 State Implementation Plan Chapter 1, 1999); General Provisions, Section 16, Air • Is not an economically significant Program State Implementation Plan [PS Docket No. 15–91; PS Docket No. 15– regulatory action based on health or 94; FCC 16–127] pertaining to state board requirements safety risks subject to Executive Order VI.6. b. Sub-element (ii): State boards, of 13045 (62 FR 19885, April 23, 1997); Wireless Emergency Alerts; this preamble. The EPA has made, and • Is not a significant regulatory action Amendments to the Commission’s will continue to make, these documents subject to Executive Order 13211 (66 FR Rules Regarding the Emergency Alert generally available through 28355, May 22, 2001); System www.regulations.gov and/or at the EPA • Is not subject to requirements of AGENCY: Federal Communications Region 8 office (please contact the section 12(d) of the National Commission. person identified in the ‘‘For Further Technology Transfer and Advancement Information Contact’’ section of this Act of 1995 (15 U.S.C. 272 note) because ACTION: Proposed rule. preamble for more information). application of those requirements would SUMMARY: This document proposes be inconsistent with the CAA; and, IX. Statutory and Executive Orders revisions to Wireless Emergency Alert • Does not provide the EPA with the Review (WEA) rules to improve WEA, discretionary authority to address, as leveraging advancements in technology Under the CAA, the Administrator is appropriate, disproportionate human to improve WEA’s multimedia, required to approve a SIP submission health or environmental effects, using multilingual and geo-targeting that complies with the provisions of the practicable and legally permissible capabilities, as well as lessons learned Act and applicable federal regulations methods, under Executive Order 12898 from alert originators’ experience since (42 U.S.C. 7410(k), 40 CFR 52.02(a)). (59 FR 7629, Feb. 16, 1994). WEA was initially deployed. This Thus, in reviewing SIP submissions, the The SIP is not approved to apply on document also proposes steps to EPA’s role is to approve state choices, any Indian reservation land or in any improve the availability of information provided that they meet the criteria of other area where the EPA or an Indian about WEA, both to empower the CAA. Accordingly, this proposed tribe has demonstrated that a tribe has consumers to make informed choices action merely approves some state law jurisdiction. In those areas of Indian about the emergency information that as meeting federal requirements and country, the rule does not have tribal they will receive, as well as to promote disapproves other state law because it implications and will not impose transparency for emergency does not meet federal requirements; this substantial direct costs on tribal management agencies and other WEA proposed action does not impose governments or preempt tribal law as stakeholders. By this action, the additional requirements beyond those specified by Executive Order 13175 (65 Commission affords interested parties imposed by state law. For that reason, FR 67249, November 9, 2000). this proposed action: an opportunity to participate more fully • Is not a ‘‘significant regulatory List of Subjects in 40 CFR Part 52 in WEA, and to enhance the utility of action’’ subject to review by the Office Environmental protection, Air WEA as an alerting tool. of Management and Budget under pollution control, Carbon monoxide, DATES: Comments are due on or before Executive Order 12866 (58 FR 51735, Greenhouse gases, Incorporation by December 8, 2016 and reply comments Oct. 4, 1993); reference, Intergovernmental relations, are due on or before January 9, 2017. • Does not impose an information Lead, Nitrogen dioxide, Ozone, ADDRESSES: You may submit comments, collection burden under the provisions Particulate matter, Reporting and identified by PS Docket No. 15–91, P.S. of the Paperwork Reduction Act (44 recordkeeping requirements, Sulfur Docket No. 15–94, FCC 16–127, by any U.S.C. 3501 et seq.); oxides, Volatile organic compounds. of the following methods:

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• Federal eRulemaking Portal: http:// ‘‘further reduce the information of technological innovations that could www.regulations.gov. Follow the collection burden for small business expand WEA’s multimedia, multilingual instructions for submitting comments. concerns with fewer than 25 and geo-targeting capabilities, including • Federal Communications employees.’’ innovations on 5G networks. With Commission’s Web site: http:// respect to developing consumer Initial Regulatory Flexibility Analysis fjallfoss.fcc.gov/ecfs2/. Follow the education tools, we propose to promote instructions for submitting comments. 1. As required by the Regulatory more informed consumer choice • People with Disabilities: Contact the Flexibility Act of 1980, as amended through improvements to the point-of- FCC to request reasonable (RFA), we have prepared this present sale notifications for Participating CMS accommodations (accessible format Initial Regulatory Flexibility Analysis Providers’ mobile devices, and to the documents, sign language interpreters, (IRFA) of the possible significant WEA interface. Finally, we propose to CART, etc.) by email: [email protected] economic impact on a substantial improve WEA transparency through or phone: 202–418–0530 or TTY: 202– number of small entities by the policies requiring Participating CMS Providers 418–0432. and rules proposed in this Further to disclose their performance along For detailed instructions for Notice of Proposed Rulemaking three key metrics, latency, geo-targeting, submitting comments and additional (FNPRM). Written public comments are and reliability, and we seek comment on information on the rulemaking process, requested on this IRFA. Comments must whether additional alert logging could see the SUPPLEMENTARY INFORMATION be identified as responses to the IRFA be instrumental in allowing them to section of this document. and must be filed by the deadlines for collect relevant data. comments on the FNPRM. We will send FOR FURTHER INFORMATION CONTACT: 4. This FNPRM represents another a copy of the FNPRM, including this James Wiley, Attorney Advisor, Public step towards achieving one of our IRFA, to the Chief Counsel for Advocacy Safety and Homeland Security Bureau, highest priorities—‘‘to ensure that all of the Small Business Administration at (202) 418–1678, or by email at Americans have the capability to receive (SBA). In addition, the FNPRM and [email protected]. timely and accurate alerts, warnings and IRFA (or summaries thereof) will be critical information regarding disasters SUPPLEMENTARY INFORMATION: This is a published in the Federal Register. and other emergencies.’’ This FNPRM summary of the Commission’s Further also is consistent with our obligation Notice of Proposed Rulemaking in PS A. Need for, and Objectives of, the Final Rules under Executive Order 13407 to ‘‘adopt Docket No. 15–91, No. 15–94, FCC 16– rules to ensure that communications 127, released on September 29, 2016. 2. With this FNPRM, we take another systems have the capacity to transmit The document is available for download step towards strengthening Wireless alerts and warnings to the public as part _ at http://transition.fcc.gov/Daily Emergency Alerts (WEA) by proposing of the public alert and warning system,’’ _ Releases/Daily Business/2016/db0929/ revisions to our rules to empower alert and our mandate under the FCC-16-127A1.pdf. The complete text of originators to participate more fully in Communications Act to promote the this document is also available for WEA, to empower consumers to make safety of life and property through the inspection and copying during normal more informed decisions about the kind use of wire and radio communication. business hours in the FCC Reference of WEA service that their CMS Provider We take these steps as part of an Information Center, Portals II, 445 12th offers, and to enhance the utility of overarching strategy to advance the Street SW., Room CY–A257, WEA as an alerting tool. Our proposals Nation’s alerting capability, which Washington, DC 20554. To request fall into four categories, ensuring the includes both WEA and the Emergency materials in accessible formats for provision of effective WEA Alert Alert System (EAS), to keep pace with people with disabilities (Braille, large Messages, incorporating future technical evolving technologies and to empower print, electronic files, audio format), advancements to improve WEA, communities to initiate life-saving send an email to [email protected] or call developing consumer education tools, alerts. the Consumer & Governmental Affairs and improving WEA transparency. Bureau at 202–418–0530 (voice), 202– 3. Specifically, with respect to B. Legal Basis 418–0432 (TTY). ensuring the provision of effective WEA 5. The proposed action in this WEA Alert Messages, we propose to establish Further Notice of Proposed Rulemaking Initial Paperwork Reduction Act of clear definitions and requirements for 1995 Analysis is authorized on the basis of 47 U.S.C. CMS Providers participating in WEA in 151, 152, 154(i) and (o), 301, 301(r), This Further Notice of Proposed whole and in part. We ensure the 303(v), 307, 309, 335, 403, 544(g), 606 Rulemaking seeks comment on potential provision of effective WEA Alert and 615 of the Communications Act of new or revised proposed information Messages by removing language from 1934, as amended, as well as by sections collection requirements. If the our rules that may contribute to 602(a), (b), (c), (f), 603, 604 and 606 of Commission adopts any new or revised emergency management agencies’ the WARN Act. final information collection uncertainty about WEA’s quality of requirements when the final rules are service. We require Participating CMS C. Description and Estimate of the adopted, the Commission will publish a Providers to offer subscribers a method Number of Small Entities to Which the notice in the Federal Register inviting of accessing pending Alert Messages. Proposed Rules Will Apply further comments from the public on We propose to require that earthquake- 6. The RFA directs agencies to the final information collection related alerts be delivered to the public provide a description of, and where requirements, as required by the in fewer than three seconds. We also feasible, an estimate of the number of Paperwork Reduction Act of 1995, seek comment on how to leverage the small entities that may be affected by Public Law 104–13 (44 U.S.C. 3501– improvements to WEA that we adopt the proposed rules, if adopted. The RFA 3520). In addition, pursuant to the today to continue to improve WEA’s generally defines the term ‘‘small Small Business Paperwork Relief Act of value during disaster relief efforts. With entity’’ as having the same meaning as 2002, Public Law 107–198, see 44 U.S.C. respect to incorporating future technical the terms ‘‘small business,’’ ‘‘small 3506(c)(4), the Commission seeks advancements into WEA, we seek organization,’’ and ‘‘small governmental specific comment on how it might comment on and propose of a number jurisdiction.’’ In addition, the term

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‘‘small business’’ has the same meaning six frequency blocks designated A the two auctions that have already been as the term ‘‘small-business concern’’ through F, and the Commission has held held, ‘‘small businesses’’ were entities under the Small Business Act. A small- auctions for each block. The with average gross revenues for the prior business concern’’ is one which: (1) Is Commission initially defined a ‘‘small three calendar years of $40 million or independently owned and operated; (2) business’’ for C- and F-Block licenses as less. Through these auctions, the is not dominant in its field of operation; an entity that has average gross revenues Commission has awarded a total of 41 and (3) satisfies any additional criteria of $40 million or less in the three licenses, out of which 11 were obtained established by the SBA. previous calendar years. For F-Block by small businesses. To ensure 7. Small Businesses, Small licenses, an additional small business meaningful participation of small Organizations, and Small Governmental size standard for ‘‘very small business’’ business entities in future auctions, the Jurisdictions. Our action may, over time, was added and is defined as an entity Commission has adopted a two-tiered affect small entities that are not easily that, together with its affiliates, has small business size standard in the categorized at present. We therefore average gross revenues of not more than Narrowband PCS Second Report and describe here, at the outset, three $15 million for the preceding three Order. A ‘‘small business’’ is an entity comprehensive, statutory small entity calendar years. These small business that, together with affiliates and size standards. First, nationwide, there size standards, in the context of controlling interests, has average gross are a total of approximately 27.5 million broadband PCS auctions, have been revenues for the three preceding years of small businesses, according to the SBA. approved by the SBA. No small not more than $40 million. A ‘‘very In addition, a ‘‘small organization’’ is businesses within the SBA-approved small business’’ is an entity that, generally ‘‘any not-for-profit enterprise small business size standards bid together with affiliates and controlling which is independently owned and successfully for licenses in Blocks A interests, has average gross revenues for operated and is not dominant in its and B. There were 90 winning bidders the three preceding years of not more field.’’ Nationwide, as of 2007, there that claimed small business status in the than $15 million. The SBA has were approximately 1,621,315 small first two C-Block auctions. A total of 93 approved these small business size organizations. Finally, the term ‘‘small bidders that claimed small business standards. governmental jurisdiction’’ is defined status won approximately 40 percent of 12. Wireless Communications generally as ‘‘governments of cities, the 1,479 licenses in the first auction for Services. This service can be used for towns, townships, villages, school the D, E, and F Blocks. On April 15, fixed, mobile, radiolocation, and digital districts, or special districts, with a 1999, the Commission completed the audio broadcasting satellite uses. The population of less than fifty thousand.’’ reauction of 347 C-, D-, E-, and F-Block Commission defined ‘‘small business’’ Census Bureau data for 2011 indicate licenses in Auction No. 22. Of the 57 for the wireless communications that there were 89,476 local winning bidders in that auction, 48 services (WCS) auction as an entity with governmental jurisdictions in the claimed small business status and won average gross revenues of $40 million United States. We estimate that, of this 277 licenses. for each of the three preceding years, total, as many as 88, 506 entities may 10. On January 26, 2001, the and a ‘‘very small business’’ as an entity qualify as ‘‘small governmental Commission completed the auction of with average gross revenues of $15 jurisdictions.’’ Thus, we estimate that 422 C and F Block Broadband PCS million for each of the three preceding most governmental jurisdictions are licenses in Auction No. 35. Of the 35 years. The SBA has approved these small. winning bidders in that auction, 29 definitions. 8. Wireless Telecommunications claimed small business status. 13. 700 MHz Guard Band Licensees. Carriers (except satellite). This industry Subsequent events concerning Auction In 2000, in the 700 MHz Guard Band comprises establishments engaged in 35, including judicial and agency Order, the Commission adopted size operating and maintaining switching determinations, resulted in a total of 163 standards for ‘‘small businesses’’ and and transmission facilities to provide C and F Block licenses being available ‘‘very small businesses’’ for purposes of communications via the airwaves. for grant. On February 15, 2005, the determining their eligibility for special Establishments in this industry have Commission completed an auction of provisions such as bidding credits and spectrum licenses and provide services 242 C-, D-, E-, and F-Block licenses in installment payments. A small business using that spectrum, such as cellular Auction No. 58. Of the 24 winning in this service is an entity that, together phone services, paging services, bidders in that auction, 16 claimed with its affiliates and controlling wireless Internet access, and wireless small business status and won 156 principals, has average gross revenues video services. The appropriate size licenses. On May 21, 2007, the not exceeding $40 million for the standard under SBA rules for the Commission completed an auction of 33 preceding three years. Additionally, a category Wireless Telecommunications licenses in the A, C, and F Blocks in very small business is an entity that, Carriers (except satellite) is that a Auction No. 71. Of the 12 winning together with its affiliates and business is small if it has 1,500 or fewer bidders in that auction, five claimed controlling principals, has average gross employees. Census data for 2012 show small business status and won 18 revenues that are not more than $15 that there were 967 firms that operated licenses. On August 20, 2008, the million for the preceding three years. for the entire year. Of this total, 955 Commission completed the auction of SBA approval of these definitions is not firms had employment of fewer than 20 C-, D-, E-, and F-Block Broadband required. An auction of 52 Major 1,000 employees. Thus under this PCS licenses in Auction No. 78. Of the Economic Area licenses commenced on category and the associated small eight winning bidders for Broadband September 6, 2000, and closed on business size standard, the Commission PCS licenses in that auction, six claimed September 21, 2000. Of the 104 licenses estimates that the majority of wireless small business status and won 14 auctioned, 96 licenses were sold to nine telecommunications carriers (except licenses. bidders. Five of these bidders were satellite) are small. 11. Narrowband Personal small businesses that won a total of 26 9. Broadband Personal Communications Service. To date, two licenses. A second auction of 700 MHz Communications Service. The auctions of narrowband personal Guard Band licenses commenced on broadband personal communications communications services (PCS) licenses February 13, 2001, and closed on services (PCS) spectrum is divided into have been conducted. For purposes of February 21, 2001. All eight of the

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licenses auctioned were sold to three business status (those with attributable Broadband Radio Service (BRS) and bidders. One of these bidders was a average annual gross revenues that Educational Broadband Service (EBS) small business that won a total of two exceed $15 million and do not exceed (previously referred to as the licenses. $40 million for the preceding three Instructional Television Fixed Service 14. Lower 700 MHz Band Licenses. years) won 49 licenses. Thirty three (ITFS)). In connection with the 1996 The Commission previously adopted winning bidders claiming very small BRS auction, the Commission criteria for defining three groups of business status (those with attributable established a small business size small businesses for purposes of average annual gross revenues that do standard as an entity that had annual determining their eligibility for special not exceed $15 million for the preceding average gross revenues of no more than provisions such as bidding credits. The three years) won 325 licenses. $40 million in the previous three Commission defined a ‘‘small business’’ 16. Upper 700 MHz Band Licenses. In calendar years. The BRS auctions as an entity that, together with its the 700 MHz Second Report and Order, resulted in 67 successful bidders affiliates and controlling principals, has the Commission revised its rules obtaining licensing opportunities for average gross revenues not exceeding regarding Upper 700 MHz licenses. On 493 Basic Trading Areas (BTAs). Of the $40 million for the preceding three January 24, 2008, the Commission 67 auction winners, 61 met the years. A ‘‘very small business’’ is commenced Auction 73 in which definition of a small business. BRS also defined as an entity that, together with several licenses in the Upper 700 MHz includes licensees of stations authorized its affiliates and controlling principals, band were available for licensing: 12 prior to the auction. At this time, we has average gross revenues that are not Regional Economic Area Grouping estimate that of the 61 small business more than $15 million for the preceding licenses in the C Block, and one BRS auction winners, 48 remain small three years. Additionally, the lower 700 nationwide license in the D Block. The business licensees. In addition to the 48 MHz Service had a third category of auction concluded on March 18, 2008, small businesses that hold BTA small business status for Metropolitan/ with 3 winning bidders claiming very authorizations, there are approximately Rural Service Area (MSA/RSA) small business status (those with 392 incumbent BRS licensees that are licenses—‘‘entrepreneur’’—which is attributable average annual gross considered small entities. After adding defined as an entity that, together with revenues that do not exceed $15 million the number of small business auction its affiliates and controlling principals, for the preceding three years) and licensees to the number of incumbent has average gross revenues that are not winning five licenses. licensees not already counted, we find more than $3 million for the preceding 17. Advanced Wireless Services. AWS that there are currently approximately three years. The SBA approved these Services (1710–1755 MHz and 2110– 440 BRS licensees that are defined as small size standards. An auction of 740 2155 MHz bands (AWS–1); 1915–1920 small businesses under either the SBA licenses (one license in each of the 734 MHz, 1995–2000 MHz, 2020–2025 MHz or the Commission’s rules. MSAs/RSAs and one license in each of and 2175–2180 MHz bands (AWS–2); 19. In 2009, the Commission the six Economic Area Groupings 2155–2175 MHz band (AWS–3)). For the conducted Auction 86, the sale of 78 (EAGs)) commenced on August 27, AWS–1 bands, the Commission has licenses in the BRS areas. The 2002, and closed on September 18, defined a ‘‘small business’’ as an entity Commission offered three levels of 2002. Of the 740 licenses available for with average annual gross revenues for bidding credits: (i) A bidder with auction, 484 licenses were won by 102 the preceding three years not exceeding attributed average annual gross revenues winning bidders. Seventy-two of the $40 million, and a ‘‘very small that exceed $15 million and do not winning bidders claimed small business’’ as an entity with average exceed $40 million for the preceding business, very small business or annual gross revenues for the preceding three years (small business) received a entrepreneur status and won a total of three years not exceeding $15 million. 15 percent discount on its winning bid; 329 licenses. A second auction For AWS–2 and AWS–3, although we (ii) a bidder with attributed average commenced on May 28, 2003, closed on do not know for certain which entities annual gross revenues that exceed $3 June 13, 2003, and included 256 are likely to apply for these frequencies, million and do not exceed $15 million licenses: 5 EAG licenses and 476 we note that the AWS–1 bands are for the preceding three years (very small Cellular Market Area licenses. comparable to those used for cellular business) received a 25 percent discount Seventeen winning bidders claimed service and personal communications on its winning bid; and (iii) a bidder small or very small business status and service. The Commission has not yet with attributed average annual gross won 60 licenses, and nine winning adopted size standards for the AWS–2 revenues that do not exceed $3 million bidders claimed entrepreneur status and or AWS–3 bands but proposes to treat for the preceding three years won 154 licenses. On July 26, 2005, the both AWS–2 and AWS–3 similarly to (entrepreneur) received a 35 percent Commission completed an auction of 5 broadband PCS service and AWS–1 discount on its winning bid. Auction 86 licenses in the Lower 700 MHz band service due to the comparable capital concluded in 2009 with the sale of 61 (Auction No. 60). There were three requirements and other factors, such as licenses. Of the ten winning bidders, winning bidders for five licenses. All issues involved in relocating two bidders that claimed small business three winning bidders claimed small incumbents and developing markets, status won 4 licenses; one bidder that business status. technologies, and services. claimed very small business status won 15. In 2007, the Commission 18. Broadband Radio Service and three licenses; and two bidders that reexamined its rules governing the 700 Educational Broadband Service. claimed entrepreneur status won six MHz band in the 700 MHz Second Broadband Radio Service systems, licenses. Report and Order. An auction of 700 previously referred to as Multipoint 20. In addition, the SBA’s Cable MHz licenses commenced January 24, Distribution Service (MDS) and Television Distribution Services small 2008 and closed on March 18, 2008, Multichannel Multipoint Distribution business size standard is applicable to which included, 176 Economic Area Service (MMDS) systems, and ‘‘wireless EBS. There are presently 2,436 EBS licenses in the A Block, 734 Cellular cable,’’ transmit video programming to licensees. All but 100 of these licenses Market Area licenses in the B Block, and subscribers and provide two-way high are held by educational institutions. 176 EA licenses in the E Block. Twenty speed data operations using the Educational institutions are included in winning bidders, claiming small microwave frequencies of the this analysis as small entities. Thus, we

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estimate that at least 2,336 licensees are 21. Wireless Communications Service. this category as follows: ‘‘This industry small businesses. Since 2007, Cable This service can be used for fixed, comprises establishments primarily Television Distribution Services have mobile, radiolocation, and digital audio engaged in broadcasting images together been defined within the broad economic broadcasting satellite uses. The with sound. These establishments census category of Wired Commission established small business operate television broadcasting studios Telecommunications Carriers; that size standards for the wireless and facilities for the programming and category is defined as follows: ‘‘This communications services (WCS) transmission of programs to the public.’’ industry comprises establishments auction. A ‘‘small business’’ is an entity The SBA has created a small business primarily engaged in operating and/or with average gross revenues of $40 size standard for Television providing access to transmission million for each of the three preceding Broadcasting entities, which is: Such facilities and infrastructure that they years, and a ‘‘very small business’’ is an firms having $13 million or less in own and/or lease for the transmission of entity with average gross revenues of annual receipts. According to voice, data, text, sound, and video using $15 million for each of the three Commission staff review of the BIA wired telecommunications networks. preceding years. The SBA has approved Publications, Inc., Master Access Transmission facilities may be based on these small business size standards. The Television Analyzer Database as of May Commission auctioned geographic area 16, 2003, about 814 of the 1,220 a single technology or a combination of licenses in the WCS service. In the commercial television stations in the technologies.’’ The SBA has developed auction, there were seven winning United States had revenues of $12 a small business size standard for this bidders that qualified as ‘‘very small (twelve) million or less. We note, category, which is: All such firms business’’ entities, and one that however, that in assessing whether a having 1,500 or fewer employees. To qualified as a ‘‘small business’’ entity. business concern qualifies as small gauge small business prevalence for 22. Radio and Television under the above definition, business these cable services we must, however, Broadcasting and Wireless (control) affiliations must be included. use the most current census data that Communications Equipment Our estimate, therefore, likely overstates are based on the previous category of Manufacturing. This industry comprises the number of small entities that might Cable and Other Program Distribution establishments primarily engaged in be affected by our action, because the and its associated size standard; that manufacturing radio and television revenue figure on which it is based does size standard was: All such firms having broadcast and wireless communications not include or aggregate revenues from $13.5 million or less in annual receipts. equipment. Examples of products made affiliated companies. According to Census Bureau data for by these establishments are: 25. In addition, an element of the 2007, there were a total of 996 firms in Transmitting and receiving antennas, definition of ‘‘small business’’ is that the this category that operated for the entire cable television equipment, GPS entity not be dominant in its field of year. Of this total, 948 firms had annual equipment, pagers, cellular phones, operation. We are unable at this time to receipts of under $10 million, and 48 mobile communications equipment, and define or quantify the criteria that firms had receipts of $10 million or radio and television studio and would establish whether a specific more but less than $25 million. Thus, broadcasting equipment. The Small television station is dominant in its field the majority of these firms can be Business Administration has established of operation. Accordingly, the estimate considered small. In the Paging Third a size standard for this industry of 750 of small businesses to which rules may Report and Order, we developed a small employees or less. Census data for 2012 apply do not exclude any television business size standard for ‘‘small show that 841 establishments operated station from the definition of a small businesses’’ and ‘‘very small in this industry in that year. Of that business on this basis and are therefore businesses’’ for purposes of determining number, 819 establishments operated over-inclusive to that extent. Also as their eligibility for special provisions with less than 500 employees. Based on noted, an additional element of the such as bidding credits and installment this data, we conclude that a majority of definition of ‘‘small business’’ is that the payments. A ‘‘small business’’ is an manufacturers in this industry is small. entity must be independently owned 23. Software Publishers. Since 2007 entity that, together with its affiliates and operated. We note that it is difficult these services have been defined within and controlling principals, has average at times to assess these criteria in the the broad economic census category of context of media entities and our gross revenues not exceeding $15 Custom Computer Programming estimates of small businesses to which million for the preceding three years. Services; that category is defined as they apply may be over-inclusive to this Additionally, a ‘‘very small business’’ is establishments primarily engaged in extent. There are also 2,117 low power an entity that, together with its affiliates writing, modifying, testing, and television stations (LPTV). Given the and controlling principals, has average supporting software to meet the needs of nature of this service, we will presume gross revenues that are not more than $3 a particular customer. The SBA has that all LPTV licensees qualify as small million for the preceding three years. developed a small business size entities under the above SBA small The SBA has approved these small standard for this category, which is business size standard. business size standards. An auction of annual gross receipts of $25 million or 26. The Commission has, under SBA Metropolitan Economic Area licenses less. According to data from the 2007 regulations, estimated the number of commenced on February 24, 2000, and U.S. Census, there were 41,571 licensed NCE television stations to be closed on March 2, 2000. Of the 985 establishments engaged in this business 380. We note, however, that, in licenses auctioned, 440 were sold. Fifty- in 2007. Of these, 40,149 had annual assessing whether a business concern seven companies claiming small gross receipts of less than $10,000,000. qualifies as small under the above business status won. Also, according to Another 1,422 establishments had gross definition, business (control) affiliations Commission data, 365 carriers reported receipts of $10,000,000 or more. Based must be included. Our estimate, that they were engaged in the provision on this data, the Commission concludes therefore, likely overstates the number of paging and messaging services. Of that the majority of the businesses of small entities that might be affected those, we estimate that 360 are small, engaged in this industry are small. by our action, because the revenue under the SBA-approved small business 24. NCE and Public Broadcast figure on which it is based does not size standard. Stations. The Census Bureau defines include or aggregate revenues from

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affiliated companies. The Commission Alert Messages, incorporating future II. Further Notice of Proposed does not compile and otherwise does technical advancements to improve Rulemaking not have access to information on the WEA, developing consumer education A. Ensuring the Provision of Effective revenue of NCE stations that would tools, and improving WEA WEA Alert Messages permit it to determine how many such transparency. stations would qualify as small entities. 31. With respect to ensuring the 1. Defining the Modes of Participation D. Description of Projected Reporting, provision of effective WEA Alert in WEA Recordkeeping, and Other Compliance Messages, we seek comment on whether a. Discussion Requirements there are any particular considerations that we should take into account when 33. We propose to adopt definitions 27. This FNPRM proposes new or for participation in WEA ‘‘in whole’’ modified reporting or recordkeeping defining the nature of a Participating CMS Provider’s participation in WEA and ‘‘in part’’ based on the attestations requirements. We seek comment on that CMS Providers are required to offer whether the reporting, recordkeeping, due to the electing entity’s size. We also seek comment on whether non- in their election letters, and on the and other compliance requirements we notifications that CMS Providers offer nationwide Participating CMS Providers adopt today should affect all entities in potential subscribers at the point of sale. require the regulatory flexibility the same manner, or whether we should Specifically, we propose to define CMS implicated by certain provisions of make special accommodations for non- Providers participating in WEA ‘‘in Sections 10.330 and 10.500, and if so, nationwide entities. whole’’ as CMS Providers that have whether we should retain the flexibility 28. We propose to require agreed to transmit WEA Alert Messages that the current language of those rules Participating CMS Providers, to gather, in a manner consistent with the may provide only as applicable to them. analyze and report on system technical standards, protocols, With respect to incorporating technical performance metrics such as the geo- procedures, and other technical targeting, latency, and availability and advancements to improve WEA, we seek requirements implemented by the reliability. We propose to require comment on whether support for Commission in the entirety of their Participating CMS Providers to offer additional languages would be unduly geographic service area and to all potential subscribers notice at the point burdensome for non-nationwide mobile devices on their network. of sale that more accurately reflects the Participating CMS Providers, and if so, Similarly, we propose to define CMS extent to which they will offer WEA. We whether there are steps that we can take Providers participating in WEA ‘‘in seek comment on whether Participating to accommodate these entities to make part’’ as CMS Providers that have agreed CMS Providers should be required to compliance more feasible. We also seek to transmit WEA Alert Messages in a update their election to participate in comment on whether alternative geo- manner consistent with the technical WEA. We seek comment on the costs of targeting standards would be standards, protocols, procedures, and compliance. appropriate for non-nationwide other technical requirements E. Steps Taken To Minimize the Participating CMS Providers. With implemented by the Commission in Significant Economic Impact on Small respect to developing consumer some, if not all of their geographic Entities, and Significant Alternatives education tools, we seek comment on service area, and to some, if not all of Considered whether we should give special the mobile devices on their network. We consideration to non-nationwide 29. The RFA requires an agency to seek comment on these proposed entities if we were to require definitions for CMS Provider describe any significant alternatives that Participating CMS Providers to offer a it has considered in developing its participation in WEA. What are the consistent menu of opt-out choices, and technical prerequisites to offering WEA approach, which may include the on whether non-nationwide following four alternatives (among in a geographic area where a Participating CMS Providers should be commercial mobile service is available? others): ‘‘(1) The establishment of required to make more lenient differing compliance or reporting What factors lead Participating CMS disclosures at the point of sale. Finally, requirements or timetables that take into Providers to offer WEA in a geographic with respect to improving WEA account the resources available to small area smaller than the area in which they transparency, we propose the use of entities; (2) the clarification, offer commercial mobile service, or to performance, rather than design consolidation, or simplification of fewer than all mobile devices on their standards to collect information relevant compliance and reporting requirements network? to our analysis of WEA’s system under the rule for such small entities; 34. We also seek comment on our integrity. We also seek comment on (3) the use of performance rather than proposal to incorporate the extent to whether it would be appropriate to design standards; and (4) an exemption which CMS Providers offer WEA on adopt an alternative, less frequent from coverage of the rule, or any part mobile devices on their networks into reporting requirement for non- thereof, for such small entities.’’ our definitions of participation in whole 30. As noted in paragraph 1 above, nationwide Participating CMS and in part. Bluegrass Cellular states this FNPRM initiates a rulemaking to Providers, and on whether such that ‘‘participation in whole has no update the rules governing the WEA Participating CMS Providers should also bearing on the number or percentage of system by which Participating CMS be allowed to collect less granular data devices on the network that are WEA Providers may elect to transmit on system performance in order to capable.’’ If this were the case, however, emergency alerts to the public, a goal reduce any cost burdens entailed by could a CMS Provider that offers WEA mandated by the WARN Act and these proposed recordkeeping and on only one mobile device qualify as consistent with the Commission’s reporting requirements. participating in whole? Would this be obligation to protect the lives and F. Federal Rules That May Duplicate, consistent with a common-sense property of the public. Primarily, this Overlap, or Conflict With the Proposed interpretation of ‘‘in whole’’ FNPRM seeks comment on four general Rules participation, or with our requirement categories of proposed rule changes: that only CMS Providers participating in Ensuring the provision of effective WEA 32. None. part must disclose at the point of sale

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that WEA may not be available on all Participating CMS Providers make WEA become necessary to understanding the devices on this provider’s network? available using all available network Nation’s readiness in times of disaster? 35. If participation in WEA in whole technologies. To what extent should 38. We anticipate that adopting these entails offering WEA on all mobile Participating CMS Providers’ attestation definitions for the modes of devices on the network, we seek that they will ‘‘support the development Participation in WEA would improve comment on how ‘‘mobile devices’’ and deployment of technology for the long-term participation in WEA while should be defined. For purposes of ‘C’ interface, the CMS Provider incenting achievement of evolving WEA WEA, Section 10.10(j) defines ‘‘mobile Gateway, the CMS Provider objectives, consistent with Participating devices’’ as ‘‘[t]he subscriber equipment infrastructure, and mobile devices with CMS Providers technology refresh cycle. generally offered by CMS providers that WEA functionality’’ be read as a We seek comment on this analysis. supports the distribution of WEA Alert commitment to support WEA using all What steps can we take to encourage Messages.’’ This definition would available network technologies? To Participating CMS Providers to increase encompass any mobile device what extent do Participating CMS their engagement with WEA connected to a Participating CMS Providers currently use available voluntarily? Further, we seek comment Providers’ network that is capable of technologies, such as Wi-Fi and small on whether clearly delineated modes of receiving WEA Alert Messages, cells, in support of their WEA participation in WEA, taken together including but not limited to LTE- deployments? To the extent that with a renewed election requirement, enabled and future generation tablet Participating CMS Providers do not would facilitate emergency management computers, and phablets. The record leverage all available technologies to agencies’ response planning efforts by shows, however, that there is significant further their participation in WEA, we evincing the extent to which WEA is variation among Participating CMS seek comment on any factors that have available in local communities. To what Providers with respect to mobile devices contributed to this decision. We seek extent could information about each on their networks that support WEA comment on any additional Participating CMS Provider’s WEA capability. For example, the Department technologies already commercially service offerings by geographic area, of Homeland Security’s WEA Mobile deployed in CMS networks that could device, and technology facilitate Penetration Strategy Report shows that be leveraged in support of WEA, and on community reliance on WEA as an WEA is already available on some any additional functionalities that they emergency management tool? What tablets, including iPads running iOS 6 may enable. steps can we take to make this or greater, and emergency managers information as useful as possible to agree that WEA should be made 37. We seek comment on whether, in emergency management agencies while available to the public ‘‘by all available the event we adopt new definitions for limiting burdens on Participating CMS means,’’ including on tablets. On the participation in WEA, it would be Providers? Are there alternative other hand, CTIA suggests that while appropriate to require CMS Providers to approaches that we could consider in 4G–LTE tablets can be WEA capable, refresh and renew their election to order to accomplish our objective of Wi-Fi-only tablets cannot, and states participate in WEA. Further, incenting increased engagement with that ‘‘even if there are LTE-enabled notwithstanding whether we ultimately WEA by Participating CMS Providers tablets with the capability to receive cell adopt new definitions for WEA and emergency management agencies? broadcast messages through the network participation, have the nature of CMS 2. Infrastructure Functionality infrastructure, additional mobile device networks (having evolved from 2 and 3G behavior standards and device to 4G technologies) and the 39. We propose to amend Sections development are required to support the requirements of Part 10 changed 10.330 and 10.500 to delete parallel handling and presentation of WEA sufficiently since WEA’s deployment to statements that ‘‘WEA mobile device messages.’’ AT&T simply concludes that merit a renewed election? How functionality is dependent on the they ‘‘do not believe customers could frequently, if at all, should Participating capabilities of a Participating CMS view WEA messages on their existing CMS Providers be required to update Provider’s delivery technologies’’ and tablets.’’ We seek comment on the their election in order to provide the that ‘‘[i]nfrastructure functions are technical characteristics needed in a Commission and the public with an up- dependent upon the capabilities of the device to allow it to receive WEA Alert to-date account of their WEA service delivery technologies implemented by a Messages. Would it be advisable for us offerings? Alternatively, should the Participating CMS Provider.’’ Since the to revise our definition of the term occurrence of a certain event or events time these provisions were adopted, ‘‘mobile device’’ in our Part 10 rules to trigger a Participating CMS Provider’s Participating CMS Providers have reflect the technical prerequisites to obligation to renew their election? If so, overwhelmingly elected to utilize cell supporting WEA service? Finally, we what specific event or events should broadcast technology in fulfillment of seek comment on whether there are any give rise to a requirement for a their WEA election. Participating CMS barriers that may prevent the delivery of Participating CMS Provider to renew Providers’ infrastructure has proven to WEA to the full range of consumer their election? We seek comment on be universally capable of the basic devices for which Participating CMS steps that we can take to mitigate any functionalities described by Section Providers may wish to provide burden that disclosure of this 10.330 and 10.500. Accordingly, we emergency alerts, and which could fall information may present for believe these provisions are no longer within the scope of the WARN Act. Participating CMS Providers, and necessary. Moreover, removing these 36. In addition to defining especially non-nationwide Participating provisions from our Part 10 rules would participation in WEA in whole and in CMS (e.g., small, regional, and rural likely clarify for emergency part with reference to the extent to providers). To what extent would any management agencies considering which Participating CMS Providers offer information that Participating CMS whether to become authorized as WEA WEA in the entirety of their geographic Providers may be required to disclose be alert initiators that the alerting service service area and to all mobile devices considered sensitive? As WEA has WEA offers is capable of providing these operating on their networks, we seek evolved into a vital and relied-upon critical functions, especially when taken comment on whether these definitions component of the Nation’s public safety together with the performance reporting should include the extent to which infrastructure, has this information and alert logging requirements

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discussed below. We seek comment on If WEA Alert Messages are retained past FY2016 Omnibus Appropriations this analysis. this expiration time, Denver OEMHS Explanatory Statement directed the FCC 40. We seek comment on whether expresses concern that users will view to report to the Appropriations Providers CMS Providers, and expired Alert Messages and assume that Committee on all regulatory and particularly non-nationwide CMS they are current, causing confusion and statutory changes that would be Providers (small, rural or regional panic. Where Alert Messages are necessary to ensure that earthquake- Participating CMS Providers), continue preserved for user review, for how long related emergency alerts can be received to require the flexibility that this are they preserved? If Alert Messages by the public in fewer than three language may provide. There is no continue to be preserved after the seconds using IPAWS and its associated record about why these caveats remain underlying emergency condition has alerting systems, including WEA. necessary given changes in technology expired, are expired Alert Messages Earthquake warnings are currently over the four years since WEA’s clearly marked as such to prevent user issued as Imminent Threat Alerts, but it deployment. Does the flexibility that confusion? To what extent do is unclear whether Participating CMS this language may provide enable CMS Participating CMS Providers’ existing Providers’ WEA infrastructure is able to Providers to participate in WEA that practices achieve our goal of providing process and transmit these Alert otherwise would be unable to do so? We subscribers with a straightforward Messages fast enough for them to invite comment from any Participating method of accessing Alert Messages provide timely warning to the public, CMS Provider that would no longer be until they expire? particularly to those that are closest to able to participate in WEA in whole or 43. Based on the comments, we the epicenter. To be effective, it is in part were we to remove this language believe that having continued access to crucial that these messages are delivered from Sections 10.330 and 10.500. Such WEA Alert Messages, including as rapidly as possible because, in order commenters should specify the manner information regarding protective to be effective, they must be delivered in which their WEA service would be measures the public can take to protect to the public in advance of fast- unable to comply with the requirements life and property, could promote travelling seismic waves. ATIS states of Sections 10.330 and 10.500 were we superior public safety outcomes. that it would be technically feasible to to remove the prefatory language from NYCEM and APCO have already transmit earthquake-related Alert those Sections, while still being capable suggested several use cases in which Messages from the Alert Gateway upon of providing the WEA service described public response outcomes could be receipt in order to expedite their elsewhere in Part 10. Similarly, would improved through easy access to active transmission to the public. AT&T states, removing this language make any WEA- Alert Messages, such as to review however that ‘‘[w]ithout a re-design of capable mobile devices incapable of details about shelter locations and the entire system, it is not possible to continuing to support WEA? If so, why? commodity distribution points, and to prioritize WEA messages on anything We seek comment on whether, if we recall complex information presented in other than a FIFO basis.’’ retain this language at all, it should be longer WEA Alert Messages. Further, modified to apply only to non- 45. We propose to require FEMA states that requiring appropriate Participating CMS Providers to deliver nationwide Participating CMS alert preservation ‘‘would reduce user Providers. earthquake-related Alert Messages to the confusion, make training easier, and public in fewer than three seconds, 3. Alert Message Preservation would require only one educational measured from the time an earthquake- 41. We propose to amend Section campaign if preservation was consistent related Alert Message is created to when 10.500 to state that WEA-capable mobile across platforms.’’ FEMA further states it is delivered and displayed at the devices must preserve Alert Messages in that requiring appropriate alert mobile device. We seek comment on the an easily accessible format and location preservation ‘‘could alleviate some parameters for WEA to deliver until the Alert Message expires. We seek milling behavior, as some will search for earthquake alerts in less than three comment on this proposal. We seek alerts on the internet once dismissed to seconds, including any operational or comment on the various approaches that find the content.’’ We seek comment on regulatory changes that may be Participating CMS Providers currently these analyses, as well as on additional necessary in order to achieve this take to Alert Message preservation, and use cases in which access to pending objective. We seek comment on the on any best practices that have emerged Alert Messages could have public safety appropriate points by which to measure in this area. We seek comment on benefits. the applicable delivery timeframe. whether we should standardize the 4. Earthquake Alert Prioritization Should the applicable timeframe be manner in which Participating CMS measured from the time the alert Providers preserve Alert Messages, a. Background originator issues the earthquake alert to informed by relevant best practices. 44. As we discussed in the Report and the time it arrives at the end user 42. We seek comment on the extent to Order, Sections 10.320 and 10.410 of the device? In order to meet our end-to-end which Participating CMS Providers Commission’s WEA rules require latency objective while respecting the currently offer users the ability to access Participating CMS Providers to program limitations of Participating CMS Alert Messages after they have been their Alert Gateways to process Alert Provider infrastructure, should the viewed and dismissed. Is Blackberry, Messages on a FIFO basis, except for delivery delay from the IPAWS Alert Android and Windows’ practice of Presidential Alerts, which must be Gateway to the end user be limited to providing access to dismissed Alert processed ‘‘upon receipt,’’ before any two seconds? If Alert Messages are not Messages in an ‘‘inbox’’ or in ‘‘message non-Presidential Alert Messages that received by all WEA-capable mobile history’’ consistent among all devices may also be queued for transmission. In devices in the target area and providers? Section 10.420 specifies the WEA NPRM, we sought comment on simultaneously, how should we ‘‘Expiration Time’’ as a required CAP whether we should amend Section determine whether earthquake alerts are element in WEA Alert Messages. Is it 10.410 of the Commission’s rules to being delivered on time to meet our feasible to use this CAP element as a address prioritization at the CMS proposed requirement? We seek basis for identifying the time at which Provider’s Gateway, in transit, and at comment on these proposals, as well as an Alert Message should be discarded? the mobile device. Subsequently, the any potential alternatives. We also seek

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comment on their costs and benefits. In and on when this standard could analysis, including to on the extent to addition, we seek comment on the feasibly be achieved. In the alternative, which such prioritization would implementation timeframe in which we seek comment on whether a different mitigate earthquake-related losses and delivery of earthquake alerts in fewer Alert Message latency requirement on the costs of any related upgrades to than three seconds could be achieved. would strike a more appropriate balance WEA to permit such prioritization. Would this be achievable within the between the costs of prioritization and 5. Disaster Relief Messaging next thirty months? If not, how much the benefits of earthquake early time would be needed? warning. With respect to AT&T’s 48. Commenters address several 46. In order to help eliminate any perspective that changing the way that potential uses for WEA as a secondary delays that could unnecessarily affect Alert Messages are prioritized would messaging service, i.e., a tool for the delivery of an earthquake alert, we require a ‘‘re-design of the entire communicating to the public emergency seek comment on whether we should system,’’ we seek comment on what, if instructions intended to supplement require prioritization of earthquake- any aspects of the WEA system would information provided in the initial related Alert Messages at the CMS need to be redesigned in order to allow (primary) message. For example, NYCEM, Ashtabula County EMA and Provider Alert Gateway by processing earthquake alerts to be delivered to the the California Governor’s OES observe them ‘‘upon receipt,’’ before any non- public in fewer than three seconds. that our new Alert Message Presidential Alert that may also be Why, if at all, would changing the way classification, Public Safety Messages, queued for transmission. We expect that that the Participating CMS Provider creates a framework for secondary prioritization at the CMS Provider Alert Alert Gateway prioritizes WEA Alert messaging that can assist with disaster Gateway would remove the possibility Messages affect any aspect of the WEA of any queuing delay that may occur recovery efforts. In the Alerting system other than the Participating CMS due to simultaneous arrival of multiple Paradigm NPRM as well as in the WEA Provider Alert Gateway itself? From a alerts. We seek comment on the extent NPRM, we sought comment on the technical standpoint, how is it currently to which prioritizing earthquake alerts extent to which emergency managers possible to prioritize Presidential Alerts at the Alert Gateway would reduce their leverage targeted community feedback but not other types of Alert Messages? end-to-end latency in instances where during and after emergency situations to We anticipate that changing the manner the Alert Gateway is processing more disseminate and gather information. We in which this Gateway handles than one Alert Message at a time, as observed that the Peta Jakarta initiative earthquake alerts would necessitate well as in other instances. We also seek in Indonesia may provide an example of comment on whether it would be revisions to Gateway software, and how a government alert initiator can appropriate to prioritize earthquake relevant standards. We seek comment leverage crowdsourced data to increase alerts in transit over other Alert on this analysis. Can the Participating the overall effectiveness of alerts. While Messages or control channel activity if CMS Provider Alert Gateway’s many emergency management agencies giving them elevated priority at the standards and software be updated to expressed concern about the potential Participating CMS Provider Alert allow it to distinguish earthquake alerts for an additional data stream for Gateway would not sufficiently reduce from other Imminent Threat Alerts, for crowdsourced information to delivery latency for them to arrive on example, by reference to the its CAP overwhelm already understaffed Public time to save lives. We note that WEA ‘‘event code’’ parameter? If not, what Safety Answering Points (PSAPs), Alert Message segments are transmitted steps should we take to allow for ‘‘NYCEM strongly believes that the by the Radio Access Network (RAN) earthquake-related alerts to be treated future of crowdsourcing is through every 80ms to 5.12 seconds. Could differently from other Imminent Threat leveraging individual consumer cellular standardizing the transmission Alerts? We anticipate that reducing the phones by upgrading the Wireless periodicity of WEA message segments end-to-end latency for earthquake alerts Emergency Alert System to support reduce end-to-end alert delivery latency will facilitate the use of WEA during bidirectional, ‘‘many-to-one’’ for all WEA Alert Messages? What are such incidents, providing a unique communication.’’ CSRIC V finds that the the advantages and disadvantages of mechanism in the United States for ability to gather information from the shorter WEA transmission periods? Can warning the public about earthquakes community (many-to-one they be changed dynamically? We seek before the damaging tremors occur. We communication) can make alerting (one- comment on the extent to which giving observe that Japan’s Earthquake and to-many communication) more effective earthquake alerts priority at the Alert Tsunami Warning System (ETWS) is if ‘‘appropriately integrated into Gateway, in transit, and through other currently the only earthquake early operations in a way that is responsive to means could enable earthquake-related warning service in the world that the context of operation.’’ CSRIC V Alert Messages to be delivered to the integrates mass earthquake-related identifies three use cases where many- public in fewer than three seconds. communications with cellular networks. to-one communications could be a Even if prioritization of earthquake We anticipate that making WEA an particularly beneficial supplement to alerts at the Alert Gateway, by itself, effective platform for early earthquake one-to-many communications, gathering would not be sufficient, should we warnings could, in combination with targeted community feedback, assessing require such prioritization as an other earthquake mitigation efforts, help evacuation compliance, and during intermediate step towards this goal? We to mitigate the $4.4 billion dollars in active shooter scenarios. CSRIC V also seek comment on whether any earthquake-related losses FEMA recommends that ‘‘FEMA should other types of events merit higher estimates that the United States suffers investigate modifying IPAWS to support priority treatment because of their annually, by saving lives and preventing ‘[m]any to one’ communication and data extreme time sensitivity (e.g., hurricane, and mitigating injuries, thereby collection,’’ that ‘‘ATIS should study the tornadoes, bioterrorism, epidemic reducing income loss and by helping to feasibility of mechanisms for the crises). mitigate damage to infrastructure by delivery of ‘‘many to one’’ data to FEMA 47. We seek comment on any alerting members of the public who are IPAWS,’’ and that the Commission technical issues that prioritizing in a position to take preparatory actions should convene a panel of relevant earthquake alerts in transit might to prevent damage in the event of an experts to promote data science literacy present for Participating CMS Providers, earthquake. We seek comment on this among emergency managers and

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establish best practices for using data circumstances. Would such an approach circumstances where the public would gathered from ‘‘social media’’ make WEA more useful to emergency benefit from the receipt of multimedia monitoring. NAB and NPR also managers in disaster relief situations? content over WEA cell broadcast, even encourage the Commission to recognize if they have to wait a minute to receive B. Incorporating Future Technical the consumer benefits of Alert Messages it. We therefore propose to require Advancements To Improve WEA that direct the public to turn on their support for multimedia content only in radios for additional information during 1. Multimedia Alerting Public Safety Messages, which may disaster recovery efforts. 51. As noted above, we are committed contain information that is not as time- 49. In light of the foregoing, we seek to allowing the public to realize the sensitive as other types of Alert comment on the potential for WEA to benefits of multimedia content in WEA, Messages. As Alert Messages in the serve as a secondary messaging tool for and we propose that an appropriate path Public Safety Message classification are emergency managers, specifically to achieve this goal would be to require designed for issuance for in connection during disaster relief efforts. support for certain multimedia content, with Alert Messages of other types, we Specifically, we seek comment on how including thumbnail-sized images and believe they would provide an to enhance WEA’s support for many- hazard symbols, in Public Safety appropriate vehicle for multimedia- back-to-one communication to facilitate Messages on 4G LTE and future enabled content even when they cannot emergency managers’ response planning networks. We recognize that be delivered until minutes after the efforts, and on whether WEA can be initial Imminent Threat or AMBER Alert Participating CMS Providers have made a more useful tool during and delivers the primary, text-based Alert concerns about message delivery latency after emergencies by facilitating its Message. We seek comment on this and network congestion that may result ability to interface other authoritative analysis. sources of information. Are there from including multimedia in WEA 53. We seek comment on any existing needs or gaps in the public Alert Messages. Further, we appropriate technical constraints that communications tools currently acknowledge the record indicates that should apply to the multimedia content available to emergency managers for use further standards development is that Participating CMS Providers would during disaster relief efforts that WEA necessary to support multimedia be required to support. We anticipate can fill? What, if any, critical capacities capabilities in WEA. As we discuss in that constraints on the permissible size does WEA lack that could inhibit its further detail below, we believe these of multimedia data files would also help utility for post-disaster issues can be addressed given an Participating CMS Providers to manage communications? appropriate regulatory framework and network loading. The ATIS Feasibility 50. We seek comment on timeframe for compliance. Accordingly, Study for WEA Supplemental Text improvements to WEA that we should we seek to develop the record on data shows that transmitting a thumbnail- consider in order to ensure that it is constraints and technical parameters sized photo over WEA cell broadcast optimized for this use, including by that should be associated with would require the transmission of at enabling WEA to be used as a tool for developing and implementing this least eleven WEA binary messages. The queueing the collection of targeted functionality, and on a reasonable ATIS Feasibility Study for WEA community feedback during disaster timeframe within which to require Supplemental Text considers a recovery efforts, to measure evacuation Participating CMS Providers to support ‘‘thumbnail-sized photo’’ to be effectiveness, and during active shooter it. Pursuant to the approach we propose approximately 1.5 x 1.5 inches, to have scenarios, as recommended by CSRIC V. to adopt, emergency management a resolution of 72 dots per inch (DPI), We seek comment on whether using agencies could use Public Safety and to be presented as using 120 x 120 WEA in this manner could assist Messages to transmit thumbnail-sized pixels. ATIS reasons that a thumbnail- emergency management agencies’ images of evacuation routes in sized image would be 14,400 bytes in resource-need pairing during connection with Imminent Threat size if an 8-bit color scale is used, and emergencies, and on any additional use Alerts, an image of the face of a missing would require the broadcast of 3600 cases where ‘‘many-to-one’’ feedback child after an AMBER Alert, or specific octets, assuming 25 percent could improve emergency response. We instructions for protective action to the compression. We seek comment on seek comment from technology vendors access and functional needs community whether that 14,400 bytes would be an who have developed innovative through the use of hazard symbols. We appropriate maximum size for any solutions to aggregating and analyzing invite commenters to offer additional multimedia content that a Participating public response on the potential for use cases where this functionality could CMS Provider could be required to implementation of those technologies in help meet the public’s need for transmit, as well as on any additional the emergency management context. We actionable, multimedia-enabled content technical specifications or parameters seek comment on whether best practices during emergencies. that could facilitate multimedia based in data science literacy are 52. With respect to the potential for transmission. We seek comment on any available to facilitate emergency alert delivery latency, we observe that, other implications or considerations we managers’ skillful use of targeted according to the ATIS Feasibility Study should take into account. community feedback, and if not, on for LTE WEA Message Length, WEA 54. With respect to the integration of whether we should direct the Public Alert Message segments can be support for hazard symbols into WEA’s Safety and Homeland Security Bureau transmitted every 80 milliseconds to core functionality, CSRIC IV and CSRIC to convene a panel of experts to produce 5.12 seconds. We reason, therefore, that V recommend further study. The ATIS recommendations for this purpose, as a thumbnail-sized image could be Feasibility Study for WEA Supplemental recommended by CSRIC V. We also seek transmitted over WEA cell broadcast in Text recommends that a study of the comment on the extent to which WEA between 0.88 seconds and 56.32 ‘‘User Experience Design’’ covering the can be used to funnel milling behavior seconds. We would not want the ‘‘human-computer interaction’’ between towards other authoritative sources of transmission of multimedia content to mobile users and hazard symbols information, such as radio or television, delay receipt of the most time-sensitive should be undertaken by the WEA that may be better fit to provide critical Alert Message text. At the same time, stakeholders followed by global information to the public in certain however, we also believe that there are standardization. According to ATIS,

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standards would be needed to identify could improve Alert Message support for new character sets would be the specific hazard symbols appropriate interpretation by individuals with required in order to enable them to for this use, and to describe hazard limited English proficiency. NCMEC support WEA Alert Messages in warning icon delivery to the mobile states that multimedia content would languages other than English and device, either via mobile device ‘‘greatly enhance the immediate Spanish. Further, AT&T and Verizon software or cell broadcast. We seek usefulness of AMBER Alerts.’’ San observe that each additional WEA Alert comment on this analysis. Would it be Joaquin County OES adds that Message language option will require feasible to integrate support for hazard multimedia content in WEA Alert Participating CMS Providers to transmit symbols into WEA using the GSM–7 Messages would hasten protective an additional Alert Message, which character set or a Unicode character set? action taking and reduce milling. We could threaten network capacity and If so, would this approach offer a less seek comment on these analyses, as well risk alert delivery delays. In light of burdensome alternative to supporting as on any additional public safety these ongoing issues and additional hazard symbols in all Alert Messages? benefits that multimedia messaging may data, we agree with T-Mobile that ‘‘[t]he 55. With respect to concerns in the enable. Even though Chester County Commission should promote further record regarding the possibility for EMA and The Weather Company study of the technical impact of increased network load, we propose to suggest the inclusion of multimedia multilingual WEA messages so that such allow Participating CMS Providers to would be unnecessary in light of the messages can be incorporated into the use network congestion mitigation availability of embedded references and WEA system in the future without strategies to feasibly and timely deliver ‘‘third party apps and television that creating unintended, adverse impacts.’’ multimedia-enabled Public Safety users normally use,’’ we find that 58. Only 79 percent of individuals Messages. For example, we seek unique benefits could result from living in the United States that are 5- comment on whether staggering including multimedia content in Alert years old or older speak only English at transmission of multimedia message Messages, especially as Participating home. According to the ACS Language segments could facilitate delivery of this CMS Providers’ ability to support this Report, the top ten most spoken content to subscribers, while mitigating functionality evolves along with languages in the U.S. among individuals potential network congestion concerns. advancements in technology. For 5-years old or older are English, Spanish Would it make sense to constrain any example, WEA Public Safety Messages or Spanish Creole, Chinese, French or requirement to support multimedia to could be used to push an authoritative French Creole, Tagalog, Vietnamese, devices operating on 4G LTE and future interactive map to every community Korean, Arabic, Russian, and African networks? We seek comment on best member with a WEA-capable mobile languages. English-speaking ability practices that emergency management device that shows the recipient’s varies greatly, even among speakers of agencies could implement with respect location relative to evacuation routes, the top ten languages in the United to multimedia messaging if the shelter locations or resource distribution States. According to recent census data, transmission of such content implicated points. For communities struggling to ‘‘less than 50 percent of those who greater delay than text-only Alert recover from natural disasters, for spoke Korean, Chinese, or Vietnamese Messages, and if Alert Messages that example, this functionality would hold spoke English ‘very well.’ ’’ According contained multimedia content could not tremendous public safety value above to the ACS Language Report, ‘‘[p]eople be received by members of their and apart from multimedia-enabled who cannot speak English ‘very well’ communities on legacy networks or that emergency information available can be helped with translation services, are using legacy devices that no longer through other sources that in any case education, or assistance in accessing accept software updates. Recognizing may not be as readily available as a government services.’’ the limitations of cell broadcast consumer’s mobile device. We also seek 59. We seek comment on the potential technology, to what extent would a comment on whether those benefits benefits of requiring Participating CMS requirement to support thumbnail-sized would be particularly acute when Providers to support Alert Messages in images and hazard symbols spur implemented in an authoritative alerting languages other than English and Participating CMS Providers to integrate services such as WEA that the public Spanish. To what extent would new technologies into their WEA receives by default. emergency management agencies systems that could improve their ability initiate Alert Messages in languages in to support the low-latency transmission 2. Multilingual Alerting addition to English and Spanish were of high-quality multimedia content? For 57. We observe that, according to Participating CMS Providers required to example, commenters agree that commenters, expanding the language support them? To what extent would Multimedia Broadcast Multicast Service capabilities of WEA has potential to CMS Provider support for additional (eMBMS) would permit the broadcast of yield particular benefits for those with languages incent emergency ‘‘large amounts of data, including limited English proficiency. The record management agencies to further develop multimedia content.’’ We seek comment suggests, however, that the technical their capabilities in initiating Alert on the technical steps that would be issues that prevented Participating CMS Messages in those languages where required to integrate technology that Providers from supporting multilingual relevant to their respective supports the transmission of multimedia Alert Messages when WEA was first communities? What, if any, additional content into WEA. deployed continue to limit their ability steps can we take to support emergency 56. Allowing multimedia content in to support Alert Messages in languages management agencies’ efforts to develop WEA Alert Messages would have other than English and Spanish. While multilingual alerting capabilities? We tremendous public safety benefits. FEMA states that IPAWS and CAP have expect that emergency management NYCEM, FEMA and TDI, for example, the capacity to support Alert Messages agencies already integrate individuals believe that allowing multimedia in languages other than English and who don’t speak English very well into content in WEA Alert Messages would Spanish, additional languages are not their communities’ emergency response significantly contribute to Alert Message currently supported in Participating plans, and we seek comment on comprehension, particularly for CMS Provider networks. According to whether increasing emergency individuals with disabilities, and FEMA Participating CMS Providers, significant management agencies’ multilingual adds that the use of graphical symbols standards-setting work and potentially alerting capability could help to further

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improve disaster preparedness for these (ASL) for subscribers that are deaf or between current capabilities and communities. How do emergency hard of hearing. How would the aspirational goals.’’ management agencies currently expect provision of WEA Alert Messages in 64. As we emphasize above, more individuals with limited English ASL allow for better accessibility to granular geo-targeting remains a critical proficiency to receive and respond to those who are ASL-fluent? need for both consumers and emergency emergency information? Are the 62. In addition to any potential managers. Accordingly, we propose to emergency management mechanisms changes to the WEA character set that require Participating CMS Providers to currently in place sufficient to safeguard may be required, we seek comment on match the target area specified by alert those individuals during crises? any necessary preconditions to originators. We anticipate that this may 60. If we were to adopt rules to supporting additional languages in WEA require Participating CMS Providers to deepen WEA’s language capabilities, we in general, and to supporting Korean, leveraging the location sense of WEA- seek comment on whether we should Vietnamese or Chinese Alert Messages capable mobile devices on their prioritize support for those languages in particular. We also seek comment on networks. In the following paragraphs, predominantly spoken in communities whether support for additional we seek comment on how we should where, according to Census data, 50 languages would be burdensome for define ‘‘matching’’ the target area for percent or fewer speak English ‘‘very non-nationwide (e.g., regional, small, purposes of any such requirement, as well’’ (e.g., Vietnamese, Chinese, and rural) Participating CMS Providers, well as on steps that alert initiators and Korean). Is the area of greatest need with and if so, whether there are steps that Participating CMS Providers can take to respect to WEA’s language capabilities we can take to accommodate these minimize alert delivery latency and ensuring that people who struggle with entities to make compliance more maximize the amount of data available English comprehension can understand feasible. Would it be more appropriate for other Alert Message content. We also emergency communications? In the for non-nationwide Participating CMS seek comment on the readiness of alternative, should we prioritize support Providers to be required to support only innovations that could allow alert initiators to geo-target more flexibly, for the largest language communities in the those particular languages, other the United States, notwithstanding the and to smaller areas. than English and Spanish, that are tendency of individuals in those 65. As an initial matter, should a predominant in the particular areas in language groups to speak English ‘‘very Participating CMS Provider be which they provide service? We seek well’’? We observe, for example, that, considered to have ‘‘matched’’ the comment on any alternative approaches according to recent Census data, English targeted area for the purpose of this that would help achieve our objective of and Spanish are by far the most popular requirement if, as recommended by promoting accessibility of WEA Alert languages in the United States, with CSRIC V, 100 percent of devices within Messages. Chinese and French a distant third and the targeted area receive the Alert fourth. 3. Matching the Geographic Target Area Message with not more than 0.1 mile 61. We seek comment on whether overshoot? In the alternative, if supporting Alert Messages written in 63. While our geo-targeting providers are leveraging the same ideographic languages, such as requirement, as amended above, will technology in the WEA context that is Vietnamese, Chinese and Korean, would improve WEA geo-targeting by being used to provide indoor location, pose unique challenges for WEA facilitating the delivery of Alert would it make sense to harmonize our stakeholders, including Participating Messages to a more granular polygon geo-targeting accuracy requirement for CMS Providers and emergency mangers. level, the limitations of cell broadcast- WEA with our wireless E911 indoor We note that WEA messages use GSM based geo-targeting may result in location accuracy requirements? If not, 7-bit encoding, and that the 3GPP continued over-alerting. According to why not? Further, would an alternative standard for cell broadcast allows CSRIC IV, the ‘‘ideal case’’ from an alert accuracy requirement be appropriate for switching to the basic Unicode (UCS–2) originator perspective would be where non-nationwide Participating CMS character set, which includes all living ‘‘all WEA-enabled mobile devices in the Providers? We seek comment on any languages, in order to provide support geographic area affected by an alternative approaches to defining for modern, ideographic languages such emergency event would receive the ‘‘matching’’ for the purposes of as Kanji. Do Participating CMS WEA Alert Message broadcast, and no assessing compliance with our proposed Providers’ WEA infrastructure and mobile devices outside the defined alert requirement. In circumstances where WEA-capable mobile devices support area would receive those particular Participating CMS Providers are unable this functionality? If not, what steps WEA Alert Message broadcasts.’’ to match the target area, we propose that would be necessary to incorporate ‘‘However,’’ CSRIC IV reports, ‘‘this they should be required to provide their Unicode into WEA? We also seek ideal case cannot be realized using best approximation of the target area, as comment on whether emergency currently deployed cell broadcast we require in the Order. We seek management agencies would face alone.’’ CSRIC V recommends that the comment on this approach. particular difficulties in initiating Alert Commission collaborate with WEA 66. The record indicates that it will be Messages in ideographic languages. stakeholders to develop standards and technically feasible for Participating Does alert origination software currently implement systems that support CMS Providers to comply with our support initiating Alert Messages in enhanced, device-based geo-targeting. requirement that they geo-target Alert ideographic languages? If not, what CSRIC V recommends that the Messages to an area that matches the steps would be required in order to Commission set a goal that Participating target area, given appropriate time for upgrade this software? Are there CMS Providers geo-target Alert the development of relevant standards additional standards, protocols and Messages in a manner that includes and network modifications. We expect system updates that would be required ‘‘100% of the targeted devices within that Participating CMS Providers will be to enable alerting in Vietnamese, the specified alert area with not more able to geo-fence their transmission of Chinese and Korean in particular? than .10 mile overshoot,’’ and states that Alert Messages by transmitting target Further, we seek comment on whether WEA stakeholders, including area coordinates to 100 percent of WEA Alert Messages can be made Participating CMS Providers, ‘‘have mobile devices in the target area, erring available in American Sign Language committed to working to close the gap on the side of over-inclusion where

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necessary. WEA-capable mobile devices limit, for example, if a mobile device is technology? We observe that these would receive the Alert Message, turned off, or if its location services are network-based technologies are widely including the target area coordinates, turned off? Should the default setting be deployed across the United States, and and determine whether they are to display the Alert Message? particularly in urban areas. Are CMS currently located within the area those 67. We seek comment on the extent to Provider networks configured to be able coordinates describe. If and only if the which polygon compression techniques to send a WEA Alert Message over the mobile device is within the target area, and alert originator best practices could control channel to these network-based it would display the Alert Message to maximize the amount of data that technologies? What steps would be the subscriber. Commenters indicate remains for Alert Message content if necessary to enable these technologies that the suppression of the Alert Alert Message coordinates are to assist in geo-targeting? Since the Messages on mobile devices that are transmitted along with content to WEA- radio frequency propagation areas of outside of the target area (geo-fencing) capable mobile devices. ATIS concludes these technologies are significantly would allow Participating CMS that each coordinate pair would require smaller than the propagation areas for Providers to match the target area data equivalent to that needed to large cell sites, do they hold potential to specified by alert originators. We seek display thirteen characters using current improve geo-targeting? If not, why not? comment on this analysis, including any methods. However, researchers have We also seek comment on the reliability alternative approaches that Participating examined methods of compressing of network-based technologies relative CMS Providers could use to match the coordinate data to consume between 9.7 to the larger transmission facilities target area or to implement a device- percent and 23.6 percent of this data. Participating CMS Providers We seek comment on feasible methods based approach to geo-targeting. The traditionally use for WEA cell broadcast. of leveraging polygon compression record indicates that technical issues, Would relying on these technologies as techniques in WEA. Should such such as potential increases in message a path forward to further improving geo- techniques be used to set a maximum on delivery latency, and reductions in the targeting leave the system vulnerable to the amount of data that can be amount of data available for Alert becoming far less accurate when its consumed by polygon coordinates? Message text, can be resolved. We seek accuracy is needed most, including Further, we seek comment on comment on how Participating CMS during Imminent Threat Alerts? appropriate best practices for the Providers will address these issues in 69. Finally, we seek comment on number of decimal places to which a whether additional, incremental conversation with other relevant WEA coordinate should be specified in order stakeholders. We seek comment on to conserve Alert Message space for text. improvements to geo-targeting could be feasible methods Participating CMS CSRIC V recommends that alert achieved through standards updates that Providers could use to mitigate sources originators determine the granularity of could allow Participating CMS of alert delivery latency that may be alert areas using vertices with two to Providers to support ‘‘nesting implicated by geo-targeting Alert five decimal places, depending on the polygons.’’ Nesting polygons describe Messages to an area that matches the nature of the hazard. CSRIC V finds that overlapping geographic areas where one target area specified by the alert this would allow alert originators to polygon is situated, or ‘‘nests,’’ at least originator. Participating CMS Providers target Alert Messages to with precision in part, within the boundaries of and ATIS agree that meeting such an from 1.1 km to 1.1 meters. We seek another, larger polygon. We seek accurate geo-targeting standard could comment on this recommendation and comment on the extent to which cause message delivery delay due to the analysis. We note that, under current existing network technologies can be device needing to determine its location standards, a valid polygon consists of leveraged to support nesting polygons, before displaying the message, and due one-hundred coordinate pairs or fewer. provided that relevant standards are to network constraints. ATIS states that Would rules or best practices be updated to support them. We anticipate ‘‘the only currently readily available appropriate to determine the maximum that a scenario where nesting polygons technology [for device-based geo- number of coordinate pairs that should could be useful would be where one fencing] is GPS/GNSS’’ and that, be included in an Alert Message? We WEA Alert Message is appropriate for without network assistance, the ‘‘time to seek comment on any additional broadcast in the area where an incident, acquire a GPS position can be over 13 technical challenges that Participating such as a chemical spill, has occurred minutes from a cold start . . . and up CMS Providers may face in complying (e.g., an instruction to shelter in place), to 30 seconds for a warm start.’’ To what with a more accurate geo-targeting and another WEA Alert Message is extent could Assisted GPS reduce these standard, and on feasible methods of appropriate for broadcast in the times and to what extent would the overcoming them. surrounding area (e.g., an instruction to CMS network be burdened by providing 68. While we believe that a device- evacuate). We seek comment on this this assistance? Further, we seek based approach is most likely to enable example, and invite commenters to comment on how long the mobile Participating CMS Providers to match specify additional use cases where it device should wait while attempting to the target area, we seek comment on would be useful to be able to specify determine its current location (e.g., whether continued focus on network- nesting polygons as a target area. acceptable Time-To-First-Fix (TTFF))? based approaches could enable According to ATIS, current standards We note that, in the 911 context, we Participating CMS Providers to meet support geo-targeting Alert Messages to have established a maximum TTFF this accuracy requirement. For example, multiple polygons, but existing latency standard of 30 seconds for could geo-targeting be improved by standards would interpret multiple, outdoor calls. Would that same standard leveraging the relatively smaller overlapping polygons as the union of be appropriate for geo-targeting to an coverage areas of network-based those polygons. Nesting polygons, on area that matches the target area in light technologies, such as small cell the other hand, would require CMS of our concerns about alert delivery technology, distributed antenna systems networks to sometimes interpret latency? Finally, what should be the (DAS), Wi-Fi access points, beacons, overlapping polygons as providing an action of the mobile device if the mobile commercial location-based services instruction to ‘‘subtract’’ the internal device location cannot be determined or (cLBS), institutional and enterprise polygon from the external polygon. cannot be determined within the time location systems, or smart building According to ATIS, this functionality

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would require an update to J–STD 101 72. While we understand that specific location, incorporating multimedia as well as to the CAP standard. Would WEA capabilities for 5G networks and capabilities to improve message content, additional updates to alert origination devices are not yet developed, we and facilitating swifter delivery of software be required to support sending believe it is appropriate to seek critical early earthquake alerts where different messages to nested polygons? comment on those capabilities now in every second counts. Is it anticipated 70. We reason that achieving a geo- light of the importance of designing that there will be additional space for targeting standard whereby Participating these networks and devices with WEA WEA in 5G system information blocks CMS Providers can match the target area capabilities in the early stages of than is currently allocated on the 4G specified by an alert originator, either development and throughout their control channel? To what extent will 5G through device- or network-based development process. We disagree with introduce new capabilities that will techniques, would have tremendous CTIA that ‘‘it is premature at this time permit additional life-saving benefits for public safety, and would to address specific WEA capabilities enhancements to WEA? Are there any eliminate the current dangers of poor that 5G might enable.’’ Participating existing rules governing WEA that geo-targeting that deter many emergency CMS Providers are already examining would be inapplicable to 5G or that managers from becoming authorized as how best to integrate 5G technologies would otherwise require adaptation to WEA alert originators. As discussed into their networks and industry address 5G capabilities? We seek above, alert originators continue to stakeholders are currently working to comment on how to enable further demand more accurate geo-targeting shape the strategic development of the enhancements to WEA in 5G from WEA before they will rely on it for 5G ecosystem. We observe that Verizon technologies, and on the obligations that emergency messaging in situations is expected to begin 5G field trials in the CMS Providers that elect to provide where it could be dangerous for next few months, and most experts WEA on 5G networks should incur, individuals in areas adjacent to the predict that 5G will be widely available including related costs and benefits. target area to receive instructions as soon as 2020. Further, the record C. Developing Consumer Education intended only for individuals within the suggests that technological upgrades can Tools target area. Further, each incremental be costly and time-consuming, and we improvement that Participating CMS reason that including WEA alerts and 1. Promoting Informed Consumer Providers can make to geo-targeting warnings in 5G from the beginning can Choice at the Point of Sale incrementally reduces alert fatigue, and reduce total costs for Participating CMS increases the public’s trust in WEA as Providers and hasten the deployment of 74. In the WEA Third Report and an alerting platform, thereby reducing improvements to WEA that could Order, the Commission adopted certain milling and, potentially, network benefit the public. We therefore seek to disclosure requirements in order to congestion. We seek comment on this initiate a dialogue that will foster a ensure that CMS Providers ‘‘convey reasoning. Finally, we note that the better understanding of how sufficient information’’ to the public ATIS Feasibility Study for Supplemental Participating CMS Providers intend to about the nature of their participation in Text observed that delivering target area incorporate WEA capabilities into their WEA. CMS Providers electing in whole coordinates to the mobile device 5G offerings, as well as to identify areas to transmit WEA Alert Messages are not consistent with a device-based approach where we can help provide regulatory required to provide notification of their to geo-targeting would be the first step clarity, where needed, that can drive participation at the point of sale. CMS towards enabling WEA Alert Messages design and investment. For example, Providers participating in part, on the to support high-information maps, an AT&T opines that ‘‘[w]ith the standards other hand, are required to provide clear improvement that emergency managers for 5G now under development, it is and conspicuous notice to new universally endorse. We seek comment important to have agreement that 360 subscribers of their partial election at on this observation. We also seek characters is the maximum length for 4G the point of sale. Specifically, CMS comment on alternative approaches we and future services.’’ Providers participating in part must, at can take to improving WEA geo- a minimum, state the following: targeting that would meet emergency 73. In light of the foregoing, we seek comment on how to best incorporate [[CMS provider]] has chosen to offer managers’ objectives while presenting wireless emergency alerts within portions of lesser cost burdens to Participating CMS alerts and warnings into the development of 5G technologies, and on its service area, as defined by the terms and Providers. conditions of its service agreement, on how 5G technologies may enable further 4. WEA on 5G Networks wireless emergency alert capable devices. enhancements to WEA. What additional There is no additional charge for these 71. As we noted in our Spectrum measures could the Commission take to wireless emergency alerts. Frontiers proceeding in July 2016, 5G facilitate the incorporation of WEA Wireless emergency alerts may not be networks ‘‘will enable valuable new capabilities into 5G as these networks available on all devices or in the entire services, and accelerating the and devices are being designed? We service area, or if a subscriber is outside of deployment of those services is a seek comment on what, if any, steps the the [[CMS provider]] service area. For details national priority.’’ As 5G networks and Commission should take to continue to on the availability of this service and devices are developed, we expect WEA ensure that WEA evolves along with wireless emergency alert capable devices, please ask a sales representative, or go to capabilities to evolve as well, consistent advancements in technology in the 5G [[CMS provider’s URL]]. with Congress’ vision in enacting the environment. What standards need to be WARN Act. Given the importance of our developed or what other mechanisms 75. Similarly, CMS Providers electing Nation’s public alert and warning need to be in place to ensure that WEA not to transmit WEA Alert Messages are systems to promoting emergency will be incorporated, and what actions required to offer, at a minimum, the response readiness, we must ensure that are providers undertaking already? following point-of-sale notification, WEA Alert Messages continue to Elsewhere in this FNPRM, we seek ‘‘[[CMS provider]] presently does not provide the public with vital and comment on how improvements in transmit wireless emergency alerts.’’ We necessary information to take technology can help improve WEA, in noted that our decision allowed, but did appropriate action to protect their terms of microtargeting delivery of Alert not require the disclosure of additional families and property. Messages to a precise geographic information regarding the technical

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limitations of the WEA service offered respect to CMS Providers who elect not operating systems, and recommends by a Participating CMS Provider. to participate in WEA, should they be standardizing the presentation of opt- 76. We propose to require CMS required to make any additional out choices. On the other hand, ATIS Providers to disclose sufficient disclosures at the point of sale to ensure expresses concern that ‘‘adding information at the point of sale to allow that consumers are aware that they will complexity to the opt-out options may customers to make an informed decision not be able to receive any potentially actually increase the number of about whether they would consistently life-saving alerts through service with subscribers choosing to opt-out of receive WEA Alert Messages if they this carrier? We seek comment on the WEA,’’ and Blackberry urges us to leave were to become a subscriber. To what potential benefits and costs that might opt out functionality such as extent do CMS Providers voluntarily be associated with additional point-of- ‘‘scheduling’’ and ‘‘time of day’’ features provide additional information at the sale disclosures. to device manufacturers’ discretion. point of sale regarding the nature of CSRIC V recommends that Commission 2. Promoting Informed Consumer their WEA participation beyond any collaborate with WEA stakeholders to Choice About the Receipt of WEA Alert disclosure required by our rules? Is our create a set of ‘‘minimum specifications Messages existing requirement, which requires for an enhanced, secured and trusted, CMS Providers participating in part to 78. Section 602(b)(2) of the WARN standards-based, CMSP-controlled WEA inform consumers at the point of sale Act provides that ‘‘any commercial mobile device based application . . . in that WEA ‘‘may not be available on all mobile service licensee electing to order to ensure high level support.’’ devices or in the entire service area,’’ transmit emergency alerts may offer 80. We propose to require sufficient to inform potential subscribers the capability of preventing Participating CMS Providers to subscribers of whether they will receive the subscriber’s device from receiving implement changes to the WEA a potentially life-saving alert through such alerts, or classes of such alerts, application that would provide the the Participating CMS Provider’s other than an alert issued by the public with more granular options network? If this point-of-sale President.’’ Section 10.500 of the regarding whether they receive WEA notification is insufficient to support Commission’s rules requires Alert Messages. In essence, Participating educated consumer choice among Participating CMS Providers’ WEA- CMS Providers should provide providers, what additional information capable mobile devices to maintain consumers with tools that allow them to would help to inform this choice and consumers’ opt-out preferences and receive the alerts that they want to allow market forces to more aptly display alerts to the consumer receive, in the manner they wish to influence further improvements to consistent with those selections. receive them, and during the times they WEA? Pursuant to Section 10.280, a wish to receive them. 77. If we base our proposed Participating CMS Provider may provide 81. First, we propose to amend definitions of modes of participation in their subscribers with the option to opt Section 10.280(b) to require that WEA on the devices a Participating out of Imminent Threat and AMBER Participating CMS Providers offer their CMS Provider makes WEA capable, the Alerts, and must present the consumer subscribers more informed choices extent to which WEA is offered in their ‘‘with a clear indication of what each among the Alert Message classifications geographic service area, and the option means, and provide examples of that they wish to receive. We seek technologies they commit to use in the types of messages the customer may comment on the approaches that support of their WEA service, would it not receive as a result of opting out.’’ Participating CMS Providers currently be reasonable to require corresponding The Commission adopted these take to ‘‘provide their subscribers will a adjustments to consumer disclosures? requirements in the First Report and clear indication of what each [Alert We propose that, as a baseline, CMS Order and the Third Report and Order, Message] option means,’’ and on Providers should provide information respectively, in order to allow specific improvements that they could regarding the extent to which they offer Participating CMS Providers to make to the WEA application to enable WEA (in what geographic areas, and on accommodate variations in their consumers to make more informed what devices) at the point of sale. infrastructures. In the WEA NPRM, we choices among the different types of Would this information be sufficient to sought comment on the factors that lead WEA Alert Messages they will receive. promote informed consumer choice? consumers to opt out of receiving As demonstrated in Appendix F, some Should we also require CMS Providers certain Alert Messages, including Participating CMS Providers offer their to disclose at the point of sale the whether the manner in which subscribers the option to choose specific network technologies that they Participating CMS Providers present whether to receive ‘‘Extreme’’ and commit to use in offering WEA? We their customers with opt-out choices ‘‘Severe’’ Alert Messages, as well as seek comment on the extent to which impacts customer participation. We AMBER Alerts. Are these options knowledge of the specific technologies sought comment on whether sufficiently clear to empower consumers that competing CMS Providers will use Participating CMS Providers could offer to make informed choices among Alert to support WEA would promote more customers a more nuanced opt-out Messages? Would it be more clear if the informed consumer choice between menu in order to improve consumer options that Participating CMS CMS Providers. Should this disclosure choice. Providers offered their subscribers also include the extent to which the 79. Apple states that ‘‘enabling users tracked our alert message classifications Participating CMS providers’ networks to opt out of certain alerts at particular (i.e., ‘‘AMBER Alerts,’’ ‘‘Imminent are able to offer full 360-character Alert times or under specified conditions Threat Alerts,’’ and ‘‘Public Safety Messages? Would it be sufficient for (such as when Do Not Disturb mode is Messages’’), or would other names or Participating CMS Providers to provide turned on) would likely increase end- phrases be more effective in promoting potential subscribers with a link to a user participation.’’ Microsoft agrees clear consumer choice about the types Web site describing their WEA that consumers should have control of Alert Messages they will receive? capability at the point of sale, and over what types of alerts are received, Would it be helpful to offer consumers would this approach help Participating and when. NWS observes that opt-out a full explanation of the kinds of CMS Providers to control costs choices are currently presented in an emergency situations about which they associated with this proposal? With inconsistent manner across devices and will receive information by virtue of

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remaining opted in to receive Alert offer their subscribers the option to D. Improving WEA Transparency Messages of that category? For example, cache Alert Messages, rather than 1. Annual WEA Performance Reporting should consumers be informed that by simply to opt in or out. Cached Alert remaining opted in to receive Imminent Messages could be received without the 84. The Commission’s Part 10 WEA Threat Alerts they will receive associated attention signal and vibration rules do not establish a procedure for information about imminent threats to cadence, and stored in a ‘‘WEA Inbox.’’ Participating CMS Providers to report their life and property, including We seek comment on this approach. the results of any required tests to alert significant or extraordinary threats that Taken together with our proposal that originators or to government entities. As have either been observed in their area Alert Messages be appropriately such, there is no available method for or likely to occur in the near future? preserved for user review, would analyzing the success of C-interface, Should consumers be informed that by providing users with the option to Required Monthly, or State/Local WEA remaining opted in to receive AMBER receive and cache Alert Messages Tests. In the WEA NPRM, we sought Alerts they will receive information that provide many consumers with an comment on whether we should will empower them to assist law appropriate balance between their formalize a test reporting procedure for enforcement in locating abducted, lost, perceived need to receive critical WEA and, if so, on the format and or otherwise missing children in their information during emergencies, and specific information that we should area that may be in imminent danger? their desire to minimize the require Participating CMS Providers to We seek comment on best practices that intrusiveness of the WEA attention report. have been developed with respect to the signal and vibration cadence? We seek 85. Hyper-Reach and the majority of WEA interface that offer consumers a comment on the most common reasons public safety commenters support clear and easy-to-navigate menu of why consumers opt out of receiving requiring Participating CMS Providers choices about whether and how to WEA AMBER Alerts and Imminent to report the extent of alert delivery receive emergency alerts. Threat Alerts, and on any additional latency, the accuracy of geo-targeting, 82. We also propose to require that steps that we can take to reduce these and the availability and reliability of Participating CMS Providers enhance pain points through changes to the WEA their WEA network because it would their subscribers’ ability to personalize opt-out menu. improve transparency and how they receive the Alert Messages of 83. In the alternative, we seek understanding of IPAWS/WEA among their choosing. In the Report and Order comment on whether to require all emergency managers, and because this we allow Participating CMS Providers to Participating CMS Providers to adopt a transparency, in turn, could increase offer their consumers the option to standardized opt-out menu, as WEA adoption by non-participating change the attention signal and recommended by NWS, and in a manner emergency managers. CSRIC V states, vibration cadence for Public Safety consistent with CSRIC V’s for example, that ‘‘confidence in WEA Messages, and to receive Public Safety recommendation. In particular, we seek among [Alert Originators] is dampened Messages only during certain hours. We comment on the model opt-out menu by perceived unpredictability of WEA also allow Participating CMS Providers produced by NWS that we attach as geo-targeting,’’ and building confidence to provide their customers with the Appendix F. Would the subscriber ‘‘will require a means by which they can option to specify how the vibration choices modeled here be appropriate to know that the polygon provided is what cadence and attention signal should be standardize among Participating CMS is actually delivered at the towers for presented when a WEA Alert Message is Providers and device manufacturers? distribution.’’ Accordingly, CSRIC V received during an active voice or data Would a standardized opt-out menu recommends that ATIS and CTIA study session. We seek comment on whether facilitate familiarity with emergency methods of passively collecting and we should require Participating CMS alerts across service providers, promote sharing data on the accuracy of geo- Providers to offer their subscribers a personalization and improve the targeting with emergency management more granular suite of choices for consumer experience with WEA? We agencies. As demonstrated in Appendix Imminent Threat Alerts and AMBER seek comment on how we could design G, NYCEM already independently Alerts as well, including but not limited a model WEA opt-out menu in a manner generates performance reports on WEA to the options that we allow that would improve personalization geo-targeting, latency and reliability Participating CMS Providers to offer to without significantly increasing user- from actual Alert Messages issued in their subscribers for Public Safety facing interface complexity? Would it be New York City. These tests demonstrate Messages, and including the ability to appropriate for the Commission to host that some mobile devices in the target modify the attention signal and a workshop for this purpose? We area do not receive WEA Alert Messages vibration cadence that is presented encourage commenters to submit visual that are intended for them, and that when an Alert Message is received representations of ideal WEA interfaces some mobile devices do not receive when the phone is idle. For example, into the record to facilitate discussion Alert Messages intended for them until would it be feasible to require and review of alternatives to this model almost an hour after they are initially Participating CMS Providers to allow opt-out interface. We anticipate that transmitted. APCO and Pinellas County users to limit the hours within which requirements for subscriber opt-out EM urge the Commission to adopt they receive WEA AMBER Alerts (e.g., choices would implicate changes to the reporting requirements specific enough only between 8:00 a.m. and 8:00 p.m.)? ATIS/TIA Mobile Device Behavior to result in the production of uniform Would it make more sense to offer Specification and to WEA application reports to emergency management consumers the option to modify or mute software. We seek comment on this agencies. While AT&T would support a the attention signal and vibration analysis. In our consideration of requirement for Participating CMS cadence for Imminent Threat Alerts at whether to require a standardized WEA Providers to report the results of RMTs, night than to offer them the option to opt-out menu, should we make any Sprint states that the kind of not receive Imminent Threat Alert particular accommodations for non- information we proposed to gather during the night? In the alternative, we nationwide Participating CMS Providers through test reporting (i.e., the extent of seek comment on whether we should (e.g., small, regional, and rural geo-targeting and alert delivery latency) require Participating CMS Providers to providers)? is not technically feasible to deliver.

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Sprint and ATIS state that test reporting demonstrate that WEA continues to Participating CMS Providers to schedule should be FEMA’s responsibility. satisfy its performance requirements, or performance analyses during times 86. We propose to amend Section to highlight the extent to which any when network usage is light? Would it 10.350 to require Participating CMS system improvements may improve a be feasible and desirable to ‘‘pause the Providers to submit annual reports to Participating CMS Providers’ WEA timer’’ on any applicable latency the Commission that demonstrate the service? Would it be appropriate to measurement at the CMS Provider Alert following system performance metrics adopt an alternative, less frequent Gateway until such a time within 24 for their nationwide WEA deployment reporting requirement for non- hours as becomes convenient to (Annual WEA Performance Reports). nationwide Participating CMS distribute the test message? Would such • Geo-targeting. The accuracy with Providers? an approach undermine the which the Participating CMS Provider 89. We seek comment on the representativeness of the latency data can distribute WEA Alert Messages to a methodology by which Participating collected because actual Alert Messages geographic area specified by an alert CMS Providers may develop Annual are not held for any period of time in originator. WEA Performance Reports. We order to await more ideal network • Latency. An end-to-end analysis of anticipate that State/Local WEA Tests conditions? the amount of time that it takes for the would be an effective method of 90. We seek comment on the specific Participating CMS Provider to transmit collecting annual report data since they data that Participating CMS Providers a WEA Alert Message. are test messages that may be used by would be required to gather in order to • complete statistically significant reports Availability and Reliability. The state and local emergency managers to on the accuracy of WEA geo-targeting, annual percentage of WEA Alert evaluate system readiness, and are the extent of alert delivery latency, and Messages that the Participating CMS required to be processed consistent with system availability and reliability. Provider processes successfully, and a our Alert Message requirements. We Would determining the accuracy of geo- summary of the most common errors seek comment on this analysis. Would targeting require either a measurement with Alert Message transmission. a different classification of WEA Alert of the contours of the geographic area We seek comment on these reporting Message be more appropriate for use to within which WEA-capable mobile elements and on the assessment collect performance data, be more likely devices receive the message, or an methodologies Participating CMS to produce results that are estimation of the radio frequency Providers could use to produce Annual representative of Alert Message delivery WEA Performance Reports below. propagation contours of the cell under actual emergency conditions, or broadcast facilities selected to geo-target 87. First, we seek comment on be less burdensome to implement? For the Alert Message? Would it require whether an annual requirement would example, AT&T states that Participating comparing the target area to the alert achieve the right frequency of reporting. CMS Providers’ reporting obligations area? Would an average deviation from We reason that WEA performance data should be limited to RMTs. We observe the target area be an adequate measure recorded over a period of one year that Section 10.350 does not require of the accuracy of geo-targeting, or would be sufficient to provide a Participating CMS Providers to deliver would emergency managers benefit from statistically significant sample of data to RMTs to mobile devices, and allows a report on the specific percentage of inform Annual WEA Performance RMTs to be distributed ‘‘within 24 instances in which a Participating CMS Reports. We seek comment on this hours of receipt by the CMS Provider Provider is able to meet our geo- rationale. We note that the record Gateway unless pre-empted by actual targeting standard? Further, we seek reflects concern that reporting alert traffic or unable due to an comment on whether there are WEA requirements will ‘‘result in an unforeseen condition.’’ Given these geo-targeting scenarios that pose increased burden for carriers limitations, we seek comment on the particular challenges to Participating participating in the service on a value of RMTs as the basis for collecting CMS Providers. If so, should voluntary basis,’’ as well as concern that Annual WEA Performance Report data. Participating CMS Providers be required there is currently no method available to For example, could it be less to collect, analyze and report on geo- alert originators to verify system burdensome and comparably effective targeting under those specific availability and reliability except for Participating CMS Providers to circumstances? In any case, should anecdotally. Does our proposed collect geo-targeting data from cell sites Participating CMS Providers be required approach strike the appropriate balance to which RMTs are delivered, as to collect, analyze and report on their between these concerns? If not, we opposed to from mobile devices to ability to geo-target Alert Messages to invite commenters to recommend which State/Local WEA Tests are geocodes, circles, and polygons of alternative periodicities within which delivered? To what extent could an varying complexities, and in varying such reports should be required. analysis of the radio frequency geographic morphologies? How many 88. In the alternative, would a single propagation characteristics of the samples of each type would be performance report to become due on a particular constellation of cell sites and necessary to produce a statistically date certain, rather than an annual cell sectors chosen to geo-target an RMT significant report on the accuracy of a requirement, suffice to inform be used as an accurate proxy for the Participating CMS Providers’ WEA geo- emergency managers and the public geographic area to which an Alert targeting capability nationwide? about WEA’s capabilities? What types of Message with the same target area 91. Further, we seek comment on the changes, if any, would be substantive would actually be delivered? Further, specific data points that Participating enough to warrant additional reporting we seek comment on whether RMTs CMS Providers would be required to beyond the initial report? For example, could provide meaningful data about gather in order to measure alert delivery as Participating CMS Providers make alert delivery latency, given that latency. Would it be satisfactory to material upgrades to their networks to Participating CMS Providers are allowed simply measure the amount of time that incorporate new or updated to delay up to 24 hours before elapses from the moment that an alert technologies (e.g., 5G network retransmitting them. For example, originator presses ‘‘send’’ using their technologies), would additional would it be less burdensome and alert origination software to the moment performance reporting be appropriate to comparably effective to allow that the Alert Message is displayed on

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the mobile device? Would this single Would this more nuanced approach be Commission might be through the use of measurement suffice to give an alert necessary in order to allow Participating a representative sample of the different originator an informed perspective on CMS Providers to diagnose and correct real world environments in which the when the public could reasonably be any issues in alert distribution that may WEA system would be used (e.g., the expected to receive an Alert Message arise, and to promote sufficient dense urban, urban, suburban and rural that they may send in a time-sensitive transparency to facilitate Commission morphologies defined by the ATIS– crisis? Would it also provide sufficient action in the public interest? Would an 0500011 standard). We anticipate that insight into system functionality to average measure of the rate of system the use of a representative sample of allow us to diagnose and address availability be sufficient to grow geographic morphologies could reduce specific causes of alert delivery latency? emergency managers’ confidence that any burdens that may be associated with Alternatively, would it be advisable to the system will work as intended when providing Annual WEA Performance collect latency data at points in addition needed, or do emergency managers Reports by allowing Participating CMS to the time of initial transmission and require more granular data? Would it be Providers to collect less data. We seek the time of receipt on the mobile necessary for Participating CMS comment on this analysis. device? For example, would it be Providers to log and report the CMAC 95. In the alternative, we seek advisable to analyze time stamps for attributes of each Alert Message at each comment on whether our State/Local Alert Messages received and transmitted of the C–E interfaces in order to WEA Testing model provides a at each of the A–E interfaces that establish whether the WEA system is framework to emergency managers that comprise the WEA system in order to able to deliver Alert Messages with ‘‘five is sufficient to enable them to collect diagnose specific causes of latency, and nines’’ of reliability (i.e., to establish localized geo-targeting, latency, and to promote sufficient transparency to whether 99.999 percent of WEA Alert system availability data without facilitate Commission action in the Messages are delivered successfully)? Is requiring additional involvement from public interest? We seek comment on this an appropriate standard of Participating CMS Providers. We whether there are any particular reliability for the WEA system? If not, observe that, even in the absence of circumstances in which Alert Messages why not? State/Local WEA Tests, NYCEM are delivered more slowly than others. 93. We seek comment on whether deployed a network of volunteers using If so, should Participating CMS emergency managers need any mobile device offered by an assortment Providers be required to collect, analyze additional information beyond the of Participating CMS Providers to and report on alert delivery latency accuracy of geo-targeting, the extent of collect data on WEA geo-targeting and under those specific circumstances? In alert delivery latency, and the regularity latency in New York City. We applaud any case, should Participating CMS of system availability and reliability in NYCEM for their voluntary effort to Providers be required to collect, analyze order to understand the strengths and improve awareness about WEA system and report on alert delivery latency in weaknesses of WEA as an alert performance. We seek comment on varying geographic morphologies? How origination tool. What, if any, additional whether such tests demonstrate that it many independent measurements data could Participating CMS Providers would be feasible for any emergency would be necessary to produce a collect without incurring additional cost management agency that wishes to statistically significant report on the burdens, if we were to require them to gather performance statistics about WEA degree of alert delivery latency at each collect each of the aforementioned data to do so for themselves. We seek points? In the alternative, we seek comment on whether NYCEM’s tests WEA interface? comment on whether, and if so, to what were able to produce statistically 92. Similarly, we seek comment on extent making alert logs available upon significant results, and if not, we seek the specific data points that emergency management agencies’ comment on whether emergency Participating CMS Providers would be request could satisfy their need for this managers would be willing to required to collect in order to information. Further, in addition to the voluntarily collaborate and share test satisfactorily measure the regularity of possibility of requiring performance results with one another such that their system availability and reliability. reports less frequently from non- findings could be aggregated into a Would the alert logging requirement nationwide Participating CMS statistically significant sample size. that we adopt today suffice to determine Providers, we seek comment on whether 96. We propose to treat Annual WEA the WEA system’s rate of success at such Participating CMS Providers Performance Reports submitted to the delivering Alert Messages? Where do should also be allowed to collect less Commission as presumptively errors with Alert Message transmission granular data on system performance in confidential, as we have reports in the tend to occur? If at junctures other than order to reduce any cost burdens E911, Emergency Alert System (EAS), the C-interface, does this militate for the entailed by these proposed and Network Outage Reporting System collection of system availability data at recordkeeping and reporting (NORS) contexts. Similarly, we propose each interface in the alert distribution requirements. to require that Participating CMS chain in addition to the CMS Provider 94. We seek comment on whether we Providers grant emergency management Alert Gateway? If less than 100 percent should defer to Participating CMS agencies’ requests for locality-specific of WEA-capable mobile devices in the Providers regarding how they collect versions of these performance metrics if target area receive a WEA message annual report data. Does such an and only if the requesting entity agrees intended for them, would this implicate approach provide Participating CMS to provide confidentiality protection at shortcomings in system availability or Providers with increased flexibility that least equal to that provided by FOIA. reliability? If so, should Participating will reduce the burdens of these Would the production of the proposed CMS Providers also be required to recordkeeping and reporting performance metrics require collect data on the percentage of WEA- requirements? Would this approach Participating CMS Providers to disclose capable mobile devices for which an only be appropriate for non-nationwide information that they consider to be Alert Message is intended that actually Participating CMS Providers? We seek proprietary? Would offering such receive it, and to report this data to the comment on whether one effective and aspects of Annual WEA Performance Commission as a fundamental aspect of efficient method of generating national Reports presumptively confidential system availability and performance? data for annual submission to the treatment and only requiring that that

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Participating CMS Providers share them performance reporting requirements will continue to improve the with entities that agree to provide may also be useful to us in our efforts transparency of the WEA system, will confidentiality protection at least equal to bring to light and address potential contribute to emergency managers’ to that provided by FOIA ameliorate any areas for improvement in the WEA confidence that the system will work as concerns about the disclosure of system nationwide. Regardless, we seek intended when needed, and will potentially sensitive competitive comment on whether increases in improve our ability to detect and information? Further, we seek comment system transparency created by Annual remediate any latent issues. We seek on steps that Participating CMS WEA Performance Reports would be comment on this analysis. Will Providers can take to protect consumer likely to improve our ability to act in the requiring Participating CMS Providers privacy if producing reliable public interest to remediate any issues to log error reports and the CMAC performance data requires information that the reports may reveal. We seek attributes of Alert Messages at the CMS to be extracted from end user mobile comment on our analysis of these Provider Alert Gateway, as we do today, devices. We observe that we are not potential benefits, and on any other be sufficient to safeguard the integrity of requesting data at the end user/mobile benefits that Annual WEA Performance WEA? If not, would it be advisable to device level, and therefore assume that Reports may provide. require that Participating CMS Providers any such information would be log this information at each of the C–E 2. Alert Logging Standards and aggregated or, at a minimum, de- interfaces? We also seek comment on Implementation identified. whether data other than, or in addition 97. We anticipate that requiring 98. As discussed above, we require to error reports and CMAC attributes Annual WEA Performance Reports Participating CMS Providers to log their can be utilized as indicia of system would be likely to benefit emergency receipt of Alert Messages at their Alert integrity. Do Participating CMS managers and the public. For example, Gateway and to appropriately maintain Providers currently safeguard WEA we agree with Jefferson Parish EM that those records for review. We now seek system integrity through mechanisms performance reports would help to comment on whether and, if so, how to other than, or in addition to alert improve system transparency with create a uniform format for alert logging, logging? Further, we seek comment on respect to ‘‘how long it took for the alert and on how the collection of more whether requiring Participating CMS to reach the public,’’ whether there was detailed system integrity data could be Providers to log data relevant to the ‘‘under alerting or overlap of the alerts,’’ integrated into Annual WEA accuracy of geo-targeting, the extent of and how often there are network Performance Reports. We seek comment alert delivery latency, and the system conditions in which ‘‘Emergency on the extent to which emergency availability and reliability could Managers . . . could not send alerts.’’ managers would benefit from contribute to the collection of data for We also agree with NYCEM that ‘‘[a]s standardization of the format of Annual WEA Performance Reports? For with any other mission-critical system, Participating CMS Providers’ alert logs. example, if we were to require mobile service providers should be Emergency managers confirm that there Participating CMS Providers to log alert required to capture and report system is value in log keeping by Participating receipt and transmission time stamps at errors’’ in order to improve the system’s CMS Providers, but CMS Providers each of the C–E interfaces, would that security posture. Further, FEMA and confirm there is significant variation data contribute to their ability to report other commenting emergency among them with respect to log keeping. on specific sources of alert delivery management agencies agree that Absent standardization of alert logging latency? reporting geo-targeting, latency and capabilities, would emergency managers system availability and reliability data be forced to contend with this variation E. Compliance Timeframes could provide a compelling in a manner that may significantly 100. The rules we propose in this demonstration of WEA’s capacity to decrease the value of alert logs? Does FNPRM would leverage commercially deliver timely, geo-targeted Alert this support the value proposition of a available technologies to improve public Messages to specific areas and localities uniform standard consistently applied safety. In this regard, we take notice of on a national scale, which could to Participating CMS Providers’ log the current state of technology, and potentially increase WEA adoption by keeping? Would the creation of a propose timeframes that are informed by non-participating emergency managers uniform format require the modification the processes and procedures that who are ‘‘reluctant to activate WEA’’ of standards relevant to Alert Gateway Participating CMS Providers and mobile without demonstrations of ‘‘coverage functionality? Would updates to Alert device manufacturers state are necessary and delivery latency within their Gateway software also be required? to implement changes to their WEA jurisdiction.’’ We seek comment on this 99. We also seek comment on whether service. For ease of reference, the table assessment. We also seek comment on the logging requirements we adopt below sets forth proposed timeframes whether the greater transparency today should extend beyond the CMS for compliance with our proposed rules. promoted by Annual WEA Performance Provider Alert Gateway to the RAN and We also seek comment on timeframes Reports would better support alert to WEA-capable mobile devices in within which we could reasonably originator and emergency operations furtherance of our goal of improving expect Participating CMS Providers to center response planning. At the same WEA transparency. We anticipate that reach other policy objectives we discuss time, we anticipate that regular alert logging beyond the Alert Gateway in this FNPRM.

FIGURE 4—PROPOSED COMPLIANCE TIMEFRAMES

Rule amendment Compliance timeframe

Defining the Modes of Participation in WEA ...... Within 120 days of the rules’ publication in the Federal Register. Infrastructure Functionality ...... Within 30 days of the rule’s publication in the Federal Register. Alert Message Preservation ...... Within 30 months of the rule’s publication in the Federal Register. Earthquake Alerting ...... Within 30 months of the rules’ publication in the Federal Register. Multimedia Alerting ...... Within 30 months of the rules’ publication in the Federal Register.

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FIGURE 4—PROPOSED COMPLIANCE TIMEFRAMES—Continued

Rule amendment Compliance timeframe

Multilingual Alerting ...... We seek comment on reasonable timelines for Participating CMS Pro- viders to support the transmission of WEA Alert Messages in various languages. Matching the Geographic Target Area ...... Within 42 months of the rules’ publication in the Federal Register, or within 24 months of the completion of all relevant standards, which- ever is sooner. Promoting Informed Consumer Choice at the Point of Sale ...... Within 120 days of the rules’ publication in the Federal Register. Promoting Informed Consumer Choice through the WEA Interface ...... Within 30 months of the rules’ publication in the Federal Register. Annual WEA Performance Reporting ...... Within 30 months of publication in the Federal Register of a notice an- nouncing the approval by the Office of Management and Budget of the modified information collection requirements. Alert Logging ...... We seek comment on reasonable timeframes for Participating CMS Providers to improve their tracking of system performance through alert logging.

101. We propose a 30-month into their mobile devices on a faster of Management and Budget of the compliance timeframe for each timeline than we allow for compliance modified information collection proposed rule where compliance would with rules that implicate more systemic requirements). We anticipate that one be expected to require updates to changes? year will be sufficient for Participating standards and system specifications, as 102. With respect to our proposal to CMS Providers to schedule any required well as software updates for various require Participating CMS Providers to data collections, and to aggregate that components of the WEA system. These produce and share critical system data into useful reports. We seek proposals include requiring performance metrics, we anticipate that comment on this analysis. Participating CMS Providers make compliance would require updates to 103. We propose to require changes to the WEA interface to software and standards, as well as the Participating CMS Providers to match promote informed consumer choice, coordinated efforts of professionals the target area specified by alert requiring them to expedite delivery of employed by Participating CMS originators within 42 months of the earthquake-related Alert Messages, Providers in order to design and rules’ publication in the Federal requiring them to provide a method of implement appropriate data collection Register, or within 24 months of the accessing pending Alert Messages, and sharing mechanisms. We seek completion of all relevant standards, requiring support for multimedia comment on this reasoning. We seek whichever is sooner. This is consistent content in Public Safety Messages, and comment whether compliance with this with CSRIC V’s recommendations that requiring them to track and report on proposal would require updates to we allow 18 months for the critical system performance metrics. We software and standards akin to those development of standards ‘‘in required by rules we adopt in the Report consideration of device compatibility, seek comment on this approach and and Order, and, relatedly, on whether potential privacy issues, network analysis. In the Report and Order, we we could reasonably expect congestion and consumer impacts due concluded that 30 months was an Participating CMS Providers to to increased data plan usage,’’ and that appropriate timeframe within which to complete these updates within thirty ‘‘[o]nce the standards work is complete, require Participating CMS Providers to months. We anticipate that some full system deployment including new comply with rules that required updates portion of the design planning required handsets should be deployed within no to software and standards because it to determine the types of data and data more than 24 months.’’ We seek takes twelve months for appropriate collection methodologies appropriate comment on this proposal. We also seek industry bodies to finalize and publish for this task will take place during the comment on whether and how this relevant standards, another twelve course of this proceeding as industry timeframe could be expedited, given the months for Participating CMS Providers stakeholders consider what compliance critical public need to employ more and mobile device manufacturers to with our proposal would require of precise geo-targeting standards. Rather develop and integrate software upgrades them. We also anticipate that this work than adopting a single implementation consistent with those standards into could continue in parallel with the timeframe, should we benchmark embedded plant and to complete development of appropriate standards compliance timeframes based on a required ‘‘technical acceptance testing,’’ that describe this data collection task. percentage of Alert Messages that meet and then six more months for Accordingly, we do not anticipate that the standard (e.g., 40 percent of Alert Participating CMS Providers and mobile any unique project planning component Messages within two years, 80 percent device manufacturers to deploy this of this proposal will militate for of Alert Messages within six years)? new technology to the field. We seek allowing Participating CMS Providers Could this approach enable compliance comment on whether, unlike changes to additional time within which to for a percentage of Alert Messages in a WEA Alert Message content we adopt in comply, but we seek comment on this shorter timeframe by enabling the Report and Order, our WEA analysis. We also propose to provide Participating CMS Providers to interface and Alert Message Participating CMS Providers with a implement improvements to geo- preservation proposals will likely only period of one year from the date of targeting by facilitating implementation require changes to WEA-capable mobile required compliance to produce their on a rolling basis and without waiting devices, not Participating CMS first annual WEA performance report for industry standardization? We note Providers’ networks. If so, would mobile (i.e., within 42 months of publication in that Participating CMS Providers device manufacturers be able to the Federal Register of a notice voluntarily improved geo-targeting integrate these enhanced capabilities announcing the approval by the Office relative to our foregoing county-level

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requirement without industry context, and if not, we invite require Participating CMS Providers to standardization. We seek comment on commenters to provide specific details support transmission of Alert Messages why standards would be necessary to as to how our proposal presents unique in languages in addition to English and support a ‘‘matching’’ requirement challenges. We also seek comment on Spanish. Could standards appropriate to where they do not seem to have been whether we could reasonably expect support additional languages in WEA, needed to support a ‘‘best approximate’’ Participating CMS Providers to file any including ideographic languages, be requirement. Further, CSRIC V finds required update to their election letter completed or otherwise integrated into that Participating CMS Providers would within this 120-day timeframe, noting WEA within one year, consistent with need 36–48 months to support nesting that in the WEA Third Report and our reasoning about the time that it polygons, where 18–24 months is Order, we required CMS Providers to takes to complete standards in the allocated to the modification of file their election letter within 30 days. Report and Order. We seek comment on appropriate standards, and 18–24 105. We propose to require whether software would need to be months is allocated for development compliance with our WEA updated in order to support additional and implementation in Participating infrastructure functionality proposal languages as well given the two-year CMS Providers’ networks. We seek within 30 days of the rules’ publication timeframe that we allow Participating comment on this analysis. Why would in the Federal Register. We do not CMS Providers to update software to enabling geo-targeting to nesting anticipate that Participating CMS support a language in addition to polygons require more time than the Providers would need to take any action English (i.e., Spanish) in the Report and record shows is necessary to modify to achieve compliance with this Order. Would it be possible for standards and software to support rules proposed rule, if adopted, because, as Participating CMS Providers to bundle we adopt today? We seek comment on we reason above, Participating CMS software upgrades enabling support for a reasonable timeframe within which to Providers do not rely on the language additional languages into any software integrate additional network-based we propose to remove. We seek upgrades that they may undertake in technologies, such as small cells, into comment this analysis. If the deletion of order to comply with our Spanish- the WEA infrastructure in order to this language would require CMS language requirement? If not, why not? Providers otherwise in compliance with achieve incremental improvements to 108. Finally, we seek comment on a our Part 10 rules to take action in order WEA geo-targeting. Could such an reasonable implementation timeframe to continue to participate, what specific integration take place within a shorter for our proposal to prioritize steps would be necessary to comply timeframe that that which we may allow earthquake-related Alert Messages at the with these rules as revised? How much for the integration of eMBMS or another Participating CMS Provider Alert time would those steps take to ulterior technology into WEA because Gateway. Would Participating CMS complete? If any Participating CMS the network components that we Providers be able to implement this Provider were to fall within this consider above are already integrated change on the same 30-month timeframe category, would it likely be a non- into Participating CMS Providers 4G– that we allow for other proposals LTE networks? nationwide Participating CMS Provider? If so, would it be appropriate to make anticipated to necessitate changes to 104. We propose to require any special accommodations for non- software and standards? Could any compliance with our proposed point-of- nationwide Participating CMS Providers changes to the prioritization of sale notification requirements, and with to facilitate their continued earthquake-related Alert Messages in our new definitions of the modes of participation? transit be completed within the same participation in WEA insofar as they 106. We also seek comment on timeframe? If not, what additional necessitate a renewed obligation to file reasonable timeframes in which to considerations should we take into election letters within 120 days of the expect Participating CMS Providers to account in our analysis of what changes rule’s publication in the Federal be able to reach the other policy in Alert Message prioritization in transit Register. We anticipate that compliance objectives that we discuss above, will require? We seek to implement with these proposed rules would require including developing a uniform each of our proposed rules in as swift time and effort on the part of attorneys standard for alert log formatting and of a timeframe as possible, while and communications professionals developing additional alert logging ensuring that our proposed rules do not employed by Participating CMS capabilities throughout the WEA system pose undue burdens for Participating Providers in order to update any and deepening WEA’s language support CMS Providers, recognizing the current required point-of-sale notifications, and capabilities. With respect to alert state and technology. We invite potentially to update Participating CMS logging, we seek comment on whether commenters to offer into the record any Providers’ election letters on file with one year would be sufficient for additional considerations relevant to the Commission. We seek comment on industry to complete a standard to compliance with our proposed rules. this analysis, and relatedly, we seek describe a uniform alert log format that III. Ordering Clauses comment on whether 120 days would be will facilitate comparison of a sufficient period of time within which Participating CMS Providers’ WEA 109. Accordingly, it is ordered, to expect Participating CMS Providers to services, as we concluded would be pursuant to Sections 1, 2, 4(i), 4(o), 301, complete this task. We observe that in appropriate for standards necessitated 303(r), 303(v), 307, 309, 335, 403, the Ensuring the Continuity of 911 by rules we adopt in the Report and 624(g), 706, and 715 of the Communications Report and Order, the Order. We also seek comment on Communications Act of 1934, as record supported allowing Participating whether 30 months would be an amended, 47 U.S.C. 151, 152, 154(i), CMS Providers 120 days to update their appropriate period of time within which 154(o), 301, 301(r), 303(v), 307, 309, point-of-sale notification to advise to require logging at additional 335, 403, 544(g), 606, and 615, as well consumers of the availability of a junctures in the WEA system. Would as by sections 602(a), (b), (c), (f), 603, backup power solution that provides software updates be required to 604 and 606 of the WARN Act, 47 911 access during a commercial power implement this change? U.S.C. 1202(a), (b), (c), (f), 1203, 1204 loss. We seek comment on whether 120 107. We seek comment on a and 1206, that the WEA Report and days would also be adequate in this reasonable timeframe within which to Order and Further Notice of Proposed

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Rulemaking in PS Docket Nos. 15–91 practices for polar bears in Alaska; Background and 15–94 is hereby adopted. managing and monitoring the harvest of 110. It is further ordered that the polar bears for subsistence use; and As previously mentioned, the U.S.- Commission’s Consumer and developing a polar bear co-management Russia Agreement is implemented in the Governmental Affairs Bureau, Reference structure. United States through title V of the Information Center, shall send a copy of MMPA. Congress passed the MMPA in DATES: We will accept comments the WEA Report and Order and Further 1972 to prevent marine mammal species received or postmarked by the end of Notice of Proposed Rulemaking, and population stocks from declining the day on January 9, 2017. including the Final and Initial beyond the point at which they ceased Regulatory Flexibility Analysis, to the ADDRESSES: Comment submission: You to be significant functioning elements in Chief Counsel for Advocacy of the Small may submit comments by one of the the ecosystems of which they are a part. Business Administration. following methods: The MMPA prohibits, with certain • U.S. mail or hand-delivery: Public exceptions and exemptions, the take of Federal Communications Commission. marine mammals. Prior to enactment of Marlene H. Dortch, Comments Processing, ATTN: FWS–R7– ES–2016–0056, U.S. Fish and Wildlife title V of the MMPA and ratification of Secretary, Office of the Secretary, Office of the U.S.-Russia Agreement, section the Managing Director. Service Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, Virginia 101(b) of the MMPA governed the take [FR Doc. 2016–26901 Filed 11–7–16; 8:45 am] of polar bears from the Alaska-Chukotka BILLING CODE 6712–01–P 22041–3803. • population, providing a general Federal eRulemaking Portal: http:// exemption for the taking of all marine www.regulations.gov. Follow the mammals by any Indian, Aleut, or DEPARTMENT OF THE INTERIOR instructions for submitting comments to Eskimo who lives in Alaska and who Docket No. FWS–R7–ES–2016–0056. dwells on the coast of the North Pacific Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: Ocean or the Arctic Ocean if such taking Hilary Cooley, Polar Bear Project is for subsistence purposes or for the 50 CFR Part 18 Leader, U.S. Fish and Wildlife Service, purpose of creating and selling [Docket No. FWS–R7–ES–2016–0056; Marine Mammals Management Office, authentic native articles of handicraft FF07CAMM00–FX–F R133707PB000] 1011 East Tudor Road, Anchorage, and clothing, provided that the taking is RIN 1018–BA66 Alaska 99503; by telephone (907) 786– not accomplished in a wasteful manner. 3800; or by facsimile (907) 786–3816. Under MMPA section 101(b), if the Co-Management of Subsistence Use of Persons who use a telecommunications Secretary determines any species or Polar Bears by Alaska Natives; device for the deaf (TDD) may call the stock of marine mammal subject to Conservation of the Alaska-Chukotka Federal Information Relay Service taking by Indians, Aleuts, or Eskimos is Polar Bear Population (FIRS) at (800) 877–8339. depleted, the taking may be regulated. The MMPA also recognizes the AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: One of the intrinsic role that marine mammals have Interior. purposes of this advance notice of proposed rulemaking (ANPR) is to played and continue to play in the ACTION: Advance notice of proposed subsistence, cultural, and economic rulemaking; solicitation of comments. solicit public comments on developing and administering a co-management lives of Alaska Natives. The Service, in SUMMARY: The U.S. Fish and Wildlife framework to manage the subsistence turn, recognizes the important role that Service (Service) is authorized to issue use of polar bears in Alaska. This effort Alaska Natives can play in the regulations to facilitate the would include implementation of the conservation of marine mammals such implementation of the sustainable sustainable harvest management as the polar bear. Amendments to the harvest management obligations under obligations of the Agreement between MMPA in 1994 acknowledged this role the Agreement between the Government the Government of the United States of by authorizing the Service to enter into of the United States of America and the America and the Government of the cooperative agreements with Alaska Government of the Russian Federation Russian Federation on the Conservation Natives for the conservation and co- on the Conservation and Management of and Management of the Alaska- management of subsistence use of the Alaska-Chukotka Polar Bear Chukotka Polar Bear Population (U.S.- marine mammals (16 U.S.C. 1388). Population (U.S.-Russia Agreement). To Russia Agreement) as implemented Upon enactment of title V of the that end, the Service is soliciting public under title V of the Marine Mammal MMPA and ratification of the U.S.- comment on the development of a Protection Act of 1972, as amended Russia Agreement in 2007, the MMPA’s regulatory program and local (MMPA; 16 U.S.C. 1361 et seq.). Alaskan Native exemption under management structures for carrying out Activities under a cooperative section 101(b) no longer applied with the responsibilities under the U.S.- agreement could include the following: respect to take from the Alaska- Russia Agreement and title V of the collaborating to collect information on Chukotka population of polar bears (16 Marine Mammal Protection Act of 1972, the distribution, abundance, and health U.S.C. 1423g). The U.S.-Russia as amended. The Service is also of polar bears; managing human and Agreement and title V of the MMPA interested in entering into a cooperative polar bear conflicts; assessing and continues to allow consumptive use of agreement with an Alaska Native protecting important habitats; and polar bears for subsistence purposes or Organization for the purposes of monitoring and managing subsistence the creation of authentic native involving subsistence users in harvest. We are also soliciting handicrafts and clothing by Alaskan conservation and management of polar preliminary ideas about the content of natives, but subjects that use to a bears in Alaska, including the creation regulations to facilitate implementation number of restrictions, including those of effective two-way communication of harvest regulations for polar bears in adopted by the U.S.-Russia Polar Bear pathways; collecting and exchanging the Alaska-Chukotka population in Commission (Commission), the bilateral local observations on polar bears for the accordance with our obligations under authority established under the U.S.- development of sound management the U.S.-Russia Agreement. Russia Agreement.

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The 2007 amendments to the MMPA behalf of Greenland), Norway, the from this population inconsistent with also identified the Alaska Nanuuq Soviet Union, and the United States the terms of the U.S.-Russia Agreement Commission (ANC), and any successor entered into the Agreement on the or the Range States Agreement. entity, as the Alaska Native entity that Conservation of Polar Bears (Range The U.S.-Russia Agreement entered represents all villages in the State of States Agreement). In entering into the into force on September 23, 2007. The Alaska that engage in the annual Range States Agreement, the Parties U.S.-Russia Agreement, among other subsistence taking of polar bears from acknowledged that additional protection things, provides legal protections for the the Alaska-Chukotka population. The was required for polar bears and that it ACPBP, found in the Chukchi-Northern ANC was established in 1995 to was best achieved through coordinated Bering Sea. The U.S.-Russia Agreement represent the interests of subsistence measures. Parties to the Range States is implemented in the United States users and polar bear hunters on issues Agreement have committed to protect through title V of the MMPA and builds relating to the subsistence harvest of the ecosystems of which polar bears are upon those protections provided to polar bears in Alaska. The 2007 a part and to manage polar bear polar bears through the 1973 Range amendments to the MMPA allow for the populations in accordance with sound States Agreement. The U.S.-Russia Service to share authority for the conservation practices based on the best Agreement establishes a common legal, management of the taking of polar bears available scientific data. Parties agreed scientific, and administrative framework from the Alaska-Chukotka population that polar bears could be taken for specifically for the conservation and for subsistence purposes with the ANC, scientific purposes, for conservation management of the ACPBP shared or a successor entity, provided certain purposes, to prevent serious disturbance between the United States and the criteria are met, including: Entering into of the management of other living Russian Federation. During the a cooperative agreement with the resources, by local people using negotiation of the U.S.-Russia Secretary of the Interior (Secretary) traditional methods in the exercise of Agreement, it was recognized that under section 119 for the conservation their traditional rights, or wherever continued availability of bears from the of bears; meaningfully monitoring polar bears have or might have been ACPBP for subsistence hunting in compliance with title V and the U.S.- subject to taking by traditional means. Alaska depended upon a coordinated Russia Agreement by Alaska Native Under the Range States Agreement, a management regime between the two people; and administering a co- Circumpolar Action Plan was adopted countries. The negotiators, including management program for polar bears in in 2015 that includes a number of those representing Alaskan Natives, accordance with title V and the U.S.- management and research efforts to determined that the best path forward Russia Agreement. further the conservation of the species. was to replace the general subsistence In 2008, the Service listed polar bears In 1988, the Inuvialuit-Inupiat Polar take exemption contained in section as a threatened species worldwide Bear Management Agreement in the 101(b) of the MMPA with the U.S.- under the Endangered Species Act of Southern Beaufort Sea was signed by Russia Agreement, which pledges 1973, as amended (ESA; 16 U.S.C. 1531 the Inuvialuit Game Council and the coordinated management with the et seq.) due to range-wide declines in North Slope Borough Fish and Game Russian Federation and provides for an sea ice. A threatened species is any Committee (I–I Agreement). The I–I equal role in management for species that is likely to become an Agreement noted that the Inupiat of the government representatives and Native endangered species within the United States and the Inuvialuit of people in both Alaska and Russia. foreseeable future throughout all or a Canada have traditionally harvested a Importantly, article 8 of the U.S.- significant portion of its range. Critical portion of polar bears from the same Russia Agreement establishes the habitat has also been designated for population in the southern Beaufort Sea Commission, which is tasked with polar bears in the United States. In and recognized that the maintenance of coordinating measures for the addition, under section 4(d) of the ESA, a sustained harvest for traditional users conservation and study of the ACPBP. the Secretary has discretion to issue in perpetuity requires that the number The Commission includes a U.S. section such regulations as she deems necessary of polar bears taken annually not exceed and a Russian section, with each and advisable to provide for the the productivity of the population. national section comprising two conservation of threatened species. The Objectives of the I–I Agreement include members; for the United States, there is Service determined that a section 4(d) maintaining a healthy viable population one representative of the Federal rule was appropriate for polar bears and of polar bears in the southern Beaufort Government and one representative of issued one that adopts the existing Sea and managing polar bears on a the Alaska Native interest. Under the conservation regulatory requirements sustained-yield basis in accordance with U.S.-Russia Agreement, each section has under the MMPA and the Convention all the best information available. The I– one vote, and all decisions of the on International Trade in Endangered I Agreement provides protection to Commission may be made only with the Species of Wild Fauna and Flora denning bears and family groups and approval of both sections. Consequently, (CITES; 27 U.S.T. 1087) as the primary establishes a process for determining an the U.S. Native representative has an regulatory provisions for the polar bear. annual sustainable harvest. integral role in Commission actions and The Service has been working with a must be knowledgeable of, or have Current Polar Bear Management diverse team to develop a Conservation expertise in, polar bears. To date, Management Plan for polar bears, and In 2000, the Government of the although not required under title V of the final version is expected to be United States and the Government of the MMPA, the U.S. Native released by the end of the calendar year. the Russian Federation signed the U.S.- Commissioner has been associated with Because polar bears are listed under the Russia Agreement. The U.S.-Russia the ANC, the recognized co- ESA, they are considered depleted Agreement pledges cooperation with the management entity, and through that under the MMPA. goal of ensuring the conservation of the entity, the Commissioner received input In addition to the national legislation Alaska-Chukotka polar bear population to help form positions with the U.S. just discussed, polar bear management (ACPBP), conservation of its habitat, Federal Commissioner. in the United States is guided by multi- and the regulation of its use for As identified above, the Federal and bilateral agreements. In 1973 the subsistence purposes by native people. Government has responsibility for the Governments of Canada, Denmark (on It prohibits the taking of polar bears management and conservation of polar

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bears under a number of multi- and ensure that Marking, Tagging, and year, the annual taking limit will need bilateral agreements and domestic laws Reporting Program (MTRP) taggers to be adjusted to account for subsistence and agreements. The Service has completed their tagging and reporting harvest and other forms of removal, implemented its authorities in requirements. The MTRP, established should they occur. cooperation and collaboration with pursuant to section 109(i) of the MMPA, Of equal importance for Alaska Native Alaskan Natives, to the extent allowable requires hunters to present polar bear polar bear hunters to understand is that by law and regulation. We believe the hides and skulls within 30 days of the Commission adopted an annual active engagement and participation of harvesting for tagging. The MTRP taking limit in which no more than one- Alaskan Natives is instrumental to involves a network in 105 communities third of the overall limit may be female. successful implementation of our throughout Alaska and includes Therefore, in the implementation of the management actions, and we are approximately 170 individuals hired as annual taking limit, neither the limit on committed to working to strengthen taggers. The ANC also committed to the total number of polar bears that may relationships to that end. We recognize develop and implement steps to obtain be removed from the population, nor the that effective management of polar bears authority from the tribal village limit on the number of females that may and human activities affecting polar governments to implement and enforce be removed, can be exceeded. bears and their habitat is greatly the annual taking limit under the U.S.- strengthened through the engagement, Russia Agreement and to develop a Mechanisms for the Management of participation, and contribution of harvest monitoring system that Polar Bears Alaskan Natives. included: Allocation procedures; The Service recognizes that federally From 1997 to 2016, the Service has reporting, tracking, and enforcement enforced harvest limitations or closures maintained cooperative agreements with mechanisms; notification measures for for Alaska Native polar bear subsistence the ANC. Through these cooperative providing real-time information on hunters have never been in place, and, agreements, the Service has worked to progress of harvest; and outreach and therefore, we believe that the better understand the needs and education materials. effectiveness of such measures is interests of Alaska Native subsistence At the second annual meeting of the predicated on consultations and a hunters and to exchange information on Commission, which took place June 7– collaborative co-management polar bears and their habitat. Since 10, 2010, in Anchorage, Alaska (75 FR relationship with Alaska Natives and 2007, the Service’s cooperative 65507, October 25, 2010), the Tribal Governments. Such consultation agreements with the ANC have focused Commissioners adopted an annual limit is not only a crucial element of success, on accomplishing polar bear of polar bears that may be removed from but also part of our responsibilities conservation and implementing the the ACPBP of no more than 58 bears per under the MMPA, and: U.S.-Russia Agreement. year, of which no more than 19 may be • The President’s memorandum of The cooperative agreements between females, to be divided evenly between April 29, 1994, ‘‘Government-to- the Service and the ANC included a the two nations. The Commission Government Relations with Native commitment to hold an annual meeting determined that all forms of human- American Tribal Governments’’ (59 FR of the ANC. Commissioners from each caused removal of individuals from the 22951); of the 15 primary polar bear harvesting ACPBP will be incorporated in this • Executive Order 13175; villages were appointed by their annual taking limit. The Commission, at • Department of the Interior respective tribal governments to serve each of its subsequent annual meetings Secretarial Order 3225 of January 19, on the ANC Board. The cooperative held in 2011, 2012, 2013, 2014, and 2001 [Endangered Species Act and agreements also included a requirement 2015, has maintained this take limit to Subsistence Uses in Alaska for coordination between the ANC ensure the continued harvest of polar (Supplement to Secretarial Order 3206)]; Chairman and the ANC Commissioners bears remains sustainable (81 FR 3153, • Department of the Interior to ensure: (1) That all Commissioners January 20, 2016). In 2012, the Secretarial Order 3317 of December 1, were fully informed of the taking Commission adopted a multiyear quota 2011 (Tribal Consultation and Policy); limitation that will be implemented for system establishing a 5-year harvest • Department of the Interior the ACPBP; (2) that community level allowing annual adjustments to Memorandum of January 18, 2001 concerns about conservation, increase or decrease the taking limit (Alaska Government-to-Government management, and subsistence use of depending on the harvest in the Policy); polar bears were shared with the ANC preceding year(s). • the Department of the Interior’s executive leadership with copies to the It is important to recognize that the manual at 512 DM 2; and Service; and (3) that Commissioners subsistence harvest of polar bears is the • the Native American Policy of the attended local tribal government primary way animals are removed from U.S. Fish and Wildlife Service, January meetings, including those with the ANC the population, but not the only way 20, 2016 (in the Service Manual at 510 leadership and Service employees, to that humans take polar bears; all forms FW 1). present information on the polar bear of removal are incorporated in the In addition to working through and harvest and other information about annual taking limit adopted by the with our co-management partner, the polar bear management and Commission. For example, pursuant to ANC, the Service has conducted conservation and provide relevant article 6 of the U.S.-Russia Agreement, government-to-government reports from these meetings to the ANC polar bears from the ACPBP may be consultations with tribal governments executive leadership with copies to the taken when human life is threatened. and held many informational meetings Service. Article 6 also authorizes the take of in villages and at other relevant forums Consistent with these agreements, the polar bears for scientific research and and conferences. During these meetings, ANC was requested to assist in for the purpose of rescuing or we have heard varying levels of monitoring polar bear harvest in the rehabilitating injured polar bears, awareness and satisfaction with the way local community by providing consistent with the Range States the above duties assigned and agreed to information to the hunters and Agreement. Thus, in the course of the by the ANC were implemented. community on progress of the harvest U.S. subsistence harvest season, which We have heard from Alaska Native and, when appropriate, helping to currently consists of the entire calendar tribal governments and stakeholders

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that communication regarding the who harvest polar bears from the Public Comments subsistence use of polar bears has been Southern Beaufort Sea population, a We request comments and suggestions imperfect in the past, and we realize population that is not regulated under and encourage the submission of new that effective communication is the U.S.-Russia Agreement and title V of ideas, materials, and recommendations essential to success. With that in mind, the MMPA. We are interested in Alaska from: The public; Alaska Native tribal we wish to ensure that our future co- Native input on the formation of a new governments, corporations, and management partner: Is capable of and co-management partner who is able to: organizations; environmental committed to effectively facilitating (1) Involve subsistence users in organizations; local, State, and Federal communication between Alaska Native conservation and management of polar agencies; and any other interested party. polar bear subsistence hunters and the bears in Alaska, including the creation Please ensure that the comments pertain Service; can ensure that Alaska Native of effective two-way communication; only to the issues presented in this tribal governments and their constituent (2) Collect and exchange local ANPR. You must submit your comments members are fully informed of observations on polar bears for the and supporting materials by one of the management plans, polar bear harvest development of sound management methods listed in ADDRESSES. If you regulation, and other relevant practices for polar bears in Alaska; submit a comment via http:// information about polar bear www.regulations.gov, your entire management and conservation; and (3) Develop a regional harvest comment—including any personal effectively documents and management system in accordance with identifying information—will be posted communicates to the Service title V of the MMPA and the U.S.-Russia on the Web site. If you submit a community concerns about polar bears Agreement, including promulgation of hardcopy comment that includes and subsistence use. To do this, we local ordinances or regulations that personal identifying information, you anticipate an effective co-management restrict the taking of polar bears for may request that we withhold this partner will need to travel to Alaska subsistence purposes, allocation of a Native villages, independently as well quota to Alaska Native subsistence information from public review, but we as with the Service, in order to facilitate hunters, monitoring Alaska Native cannot guarantee that we will be able to full input by the Alaska Native subsistence harvest of polar bears, and, do so. We will post all hardcopy community. Our co-management if necessary, enforcement by the co- comments on http:// partner must also take steps to remain management partner that complements www.regulations.gov. Comments and informed about the conservation, Federal regulations; and materials we receive will be available for public inspection at http:// subsistence use, and co-management of (4) Develop a polar bear co- www.regulations.gov, or by polar bears, which may include management structure, which requires appointment, during normal business participation in relevant local, state, obtaining delegated governmental hours, at the Service (see FOR FURTHER national, and international meetings. authority to represent, at a minimum, INFORMATION CONTACT). The ANC has been working towards the 15 tribal governments in the State of We are interested in hearing from developing details of a co-management Alaska that engage in the annual leaders and members of the Alaskan plan for polar bears taken from the subsistence taking of polar bears from Native community, hunters, and tribal ACPBP. However, the Service has the Alaska-Chukotka population and the governments. We also welcome recently determined that we will not be Southern Beaufort Sea population. comments and information from Native able to continue to provide financial Thus, the appropriate Alaska Native support for the ANC’s operations, and it Corporations, the State of Alaska, other Organization (ANO) would play an is thus unlikely that the ANC will be governmental agencies, important role in informing positions of able to continue to serve as the nongovernmental organizations, and the United States at the Commission representative of Alaska Native people members of the public. To be most meetings. A committed and engaged for polar bear subsistence use, as useful, and most likely to inform partner is particularly important at this defined in title V of the MMPA, as well decisions, comments should be specific, time given the commitments to as for Alaska Native polar bear hunters be substantive, explain the reasoning implement the U.S.-Russia Agreement. taking bears from the Southern Beaufort behind the comment, and address the Sea population. We continue to believe As noted above, we are also soliciting issues outlined in this ANPR. that the activities included in previous preliminary ideas about the content of For the purposes of this ANPR, we are agreements with the ANC are important, regulations to facilitate implementation seeking input on the development and and we are interested in feedback as of harvest regulations for polar bears in implementation of a co-management well as suggestions for improved the Alaska-Chukotka population. In framework to manage subsistence use of delivery methods to increase order to ensure the annual taking limit polar bears in Alaska, including the effectiveness. established by the Commission is not sustainable harvest management exceeded, we believe it is necessary and obligations of the U.S.-Russia Co-Management Partnership To appropriate to require more timely Agreement as implemented under title Represent Alaska Native Polar Bear reporting, and we also need to ensure V of the MMPA. We are also soliciting Subsistence Hunters that hunters have effective notice of preliminary ideas about the content of The Service is seeking a co- current information regarding the regulations to facilitate implementation management partner, as a successor number and sex of bears that have been of harvest regulations for polar bears in entity to the ANC, that will provide the harvested relative to the annual taking the Alaska-Chukotka population. Commission with relevant information limit. Therefore, we are seeking ideas Because establishment and about the Chukchi Sea population in its and insights on: (1) The most effective implementation of a co-management deliberative process and serve as a co- ways to keep hunters informed of the framework would not alter existing management partner with the Service number of bears available to harvest international obligations or national for managing the ACPBP in accordance during the course of a season and when laws and regulations affecting polar bear with the U.S.-Russia Agreement. We the annual taking limit has been met; management, including the U.S.-Russia also seek a partner to represent Alaska and (2) the quickest and easiest ways for Agreement, we are not seeking Native polar bear subsistence hunters hunters to report their harvest. comments on those topics.

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We are seeking comments on: (1) The 2. What functions and roles should a critical polar bear management and appropriate activities and functions to polar bear co-management entity conservation actions. It is our goal to be carried out by a co-management perform? have a co-management partner in place partner; (2) candidate organizations or 3. How should a polar bear co- in 2017 so that they can proceed with entities to serve in the capacity of a co- management entity be formed? securing the necessary authorizations management partner; (3) 4. Are there existing organizations or from tribal governments and, assuming recommendations for improving the entities that are capable of and that option is preferred, establish a process for obtaining the input and interested in serving in the role of the program of locally enforceable engagement of Alaskan Natives in polar polar bear co-management entity? ordinances for polar bear harvest from bear conservation and management; (4) 5. What methods are most effective for the ACPBP. Further, as discussed above, recommendations for improving the the exchange of information between the U.S.-Russia Agreement is in effect, exchange of information between the the Federal Government and Alaskan including the annual taking limit Federal Government and Alaskan Natives? established by the Commission, and we Natives on polar bear conservation and 6. Should harvest regulations for polar have an obligation to take actions management; and (5) methods and bears in the Alaska-Chukotka necessary for its implementation. Thus, measures for effective implementation population be promulgated only at the one management option being of polar bear harvest management, Federal level or issued by the polar bear considered by the Service is, in the consistent with the obligations of the co-management entity and then adopted absence of ordinances adopted by the U.S.-Russia Agreement. in Federal regulations? ANC or its successor by which Federal We are particularly interested in 7. What is the appropriate timing for regulations would be based, to proceed receiving comments on the following reporting of harvested bears? with promulgation of regulations at only questions relating to the establishment 8. What is the most effective method the Federal level. and maintenance of a cooperative for reporting of harvested bears in a agreement with an ANO for polar bear timely manner? Authority: We issue this ANPR under conservation and management and the the authority of title V of the MMPA (16 Next Steps and Timing promulgation of regulations to monitor U.S.C. 1423 et seq.). and manage the harvest of polar bears For all of the reasons identified above, Dated: October 25, 2016. from the Alaska-Chukotka population: the Service is interested in identifying a Daniel M. Ashe, 1. Should the Service enter into a co-management partner in the cooperative agreement with a new ANO immediate future so that we can ensure Director, U.S. Fish and Wildlife Service. for polar bear conservation and the effective engagement of Alaskan [FR Doc. 2016–26881 Filed 11–7–16; 8:45 am] management? Natives in the many ongoing and time- BILLING CODE 4333–15–P

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Notices Federal Register Vol. 81, No. 216

Tuesday, November 8, 2016

This section of the FEDERAL REGISTER displays a currently valid OMB control DEPARTMENT OF AGRICULTURE contains documents other than rules or number. proposed rules that are applicable to the Office of Human Resources public. Notices of hearings and investigations, Food and Nutrition Service Management; 5 U.S.C. 4314(c)(4); committee meetings, agency decisions and Performance Review Board Title: Child and Adult Care Food rulings, delegations of authority, filing of Membership petitions and applications and agency Program (CACFP) Family Day Care statements of organization and functions are Homes Meal Claims Feasibility Study. AGENCY: Office of Human Resources examples of documents appearing in this section. OMB Control Number: 0584–NEW. Management, Departmental Summary of Collection: To comply Management, USDA. with the Improper Payments ACTION: Notice of Performance Review DEPARTMENT OF AGRICULTURE Elimination and Recovery Act (IPERA) Board Appointments. of 2010 and the Improper Payments Submission for OMB Review; Elimination and Recovery Improvement SUMMARY: This notice announces the Comment Request Act of 2012 (IPERIA), the Food and members of the Senior Executive Service and Senior Level and Scientific November 3, 2016. Nutrition Service (FNS) needs a reliable or Professional Performance Review The Department of Agriculture has methodology to estimate erroneous Boards (PRB), as required by 5 U.S.C. submitted the following information payments for provider meal claims in 4314(c)(4). Agriculture has six PRBs: the collection requirement(s) to OMB for the CACFP. The objective of this Office of the Secretary; Departmental review and clearance under the feasibility study is to design and test a Management and Staff Offices; Paperwork Reduction Act of 1995, data collection method that enables FNS Marketing and Regulatory Programs and Public Law 104–13. Comments are to estimate erroneous payments due to requested regarding (1) whether the Food Safety; Farm and Foreign meals claimed improperly by family day Agricultural Services; Food, Nutrition collection of information is necessary care home providers participating in the for the proper performance of the and Consumer Services; and Rural CACFP. Specifically, the study focuses Development; Natural Resources and functions of the agency, including on accurately estimating meals that are whether the information will have Environment; and Research, Education claimed but not served. practical utility; (2) the accuracy of the and Economics. Each PRB is comprised agency’s estimate of burden including Need and Use of the Information: of a Chairperson and a mix of career and the validity of the methodology and This study will collect real-time noncareer senior executives that meet assumptions used; (3) ways to enhance attendance and meal-serving annually to review and evaluate the quality, utility and clarity of the information from participating performance appraisal documents and information to be collected; and (4) providers and parents. FNS will use this provide a written recommendation to ways to minimize the burden of the data to identify and test a data the Secretary for final approval of each collection of information on those who collection method that will accurately executive’s performance rating, performance-based pay adjustment, and are to respond, including through the estimate erroneous payments due to performance award. use of appropriate automated, meals that are claimed improperly by electronic, mechanical, or other FDCHs participating in the CACFP. FNS FOR FURTHER INFORMATION CONTACT: technological collection techniques or needs to collect this information to Roberta Jeanquart, Director, Office of other forms of information technology. accurately estimate errors in meal Human Resources Management, Comments regarding this information claims in order to fulfill the telephone: (202) 260–8718, or Patricia collection received by December 8, 2016 requirements under the IPERA and the Moore, Director, Executive Resources will be considered. Written comments IPERIA to identify and reduce erroneous Management Division, telephone: (202) should be addressed to: Desk Officer for 720–8629. Agriculture, Office of Information and payments in the CACFP. DATES: Effective October 6, 2016. Regulatory Affairs, Office of Description of Respondents: Management and Budget (OMB), OIRA_ Individuals or households, Not-for SUPPLEMENTARY INFORMATION: In [email protected] or fax (202) profit institutions, and State, Local, or accordance with 5 U.S.C. 4314(c)(4), the 395–5806 and to Departmental Tribal Government. USDA PRB members are named below: Clearance Office, USDA, OCIO, Mail Number of Respondents: 1,038. Office of the Secretary Stop 7602, Washington, DC 20250– 7602. Copies of the submission(s) may Frequency of Responses: Reporting: Bumbary-Langston, Inga P.; Cordova, be obtained by calling (202) 720–8958. Other (two times a day for four weeks). Elvis; Moore, Patricia L.; Oden, Bianca An agency may not conduct or Total Burden Hours: 3,285. M.; and Shorter, Malcom. sponsor a collection of information Departmental Management and Staff unless the collection of information Ruth Brown, Offices displays a currently valid OMB control Departmental Information Collection number and the agency informs Clearance Officer. Abebe, Yeshimebet M.A.; Alboum, potential persons who are to respond to [FR Doc. 2016–26910 Filed 11–7–16; 8:45 am] Jonathan; Dean, Telora T.; Holladay, Jon the collection of information that such BILLING CODE 3410–30–P M.; Johansson, Robert C.; Leonard, Joe persons are not required to respond to E.; Prieto, Jeffrey M.; and Young, the collection of information unless it Michael L.

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Marketing and Regulatory Programs • Federal eRulemaking Portal: Go to pest monitoring and pest control and Food Safety http://www.regulations.gov/ practices, orchard sanitation, #!docketDetail;D=APHIS-2016-0067. packinghouse procedures, a Almanza, Alfred V.; Coale, Dana H.; • Postal Mail/Commercial Delivery: phytosanitary certificate, and the Keith, Susan; Mitchell, Lawrence W.; Send your comment to Docket No. importation of commercial Ricci, Carrie F.; and Shea, Anthony K. APHIS–2016–0067, Regulatory Analysis consignments only. In addition, the Farm and Foreign Agricultural and Development, PPD, APHIS, Station regulations require the use of Services; Food, Nutrition and 3A–03.8, 4700 River Road Unit 118, information collection activities, such as Consumer Services; and Rural Riverdale, MD 20737–1238. a bilateral workplan, production site Development Supporting documents and any and packinghouse registration, comments we receive on this docket monitoring and inspection of registered Beyerhelm, Christopher P.; may be viewed at http:// production sites, investigation and Christensen, Thomas W.; Glendenning, www.regulations.gov/ remedial action, carton markings, Roger W.; Quick, Bryce R.; Jackson, #!docketDetail;D=APHIS-2016-0067 or recordkeeping, certification and Yvette S.; Salerno, Lillian E.; and in our reading room, which is located in monitoring of treatment facilities, and a Wilson, Kathryn T. Room 1141 of the USDA South phytosanitary certificate. Natural Resources and Environment Building, 14th Street and Independence We are asking the Office of Avenue SW., Washington, DC. Normal Management and Budget (OMB) to Bonnie, Robert F.; Berns-Melhus, Kim reading room hours are 8 a.m. to 4:30 approve our use of these information M.; Rodriguez-Franco, Carlos; and p.m., Monday through Friday, except collection activities for 3 years. Hamer Jr., Hubert. holidays. To be sure someone is there to The purpose of this notice is to solicit Research, Education and Economics help you, please call (202) 799–7039 comments from the public (as well as before coming. Bartuska, Ann M.; Bohman, Mary E.; affected agencies) concerning our Hamer Jr., Hubert; Jacobs-Young, FOR FURTHER INFORMATION CONTACT: For information collection. These comments Chavonda J.; Ramaswamy, Sonny; and information on the regulations for the will help us: Smith, David W. importation of fresh citrus fruit from (1) Evaluate whether the collection of Uruguay into the continental United information is necessary for the proper Dated: October 31, 2016. States, contact Dr. Nicole Russo, performance of the functions of the Thomas J. Vilsack, Director, Imports, Regulations, and Agency, including whether the Secretary. Manuals, PHP, PPQ, APHIS, 4700 River information will have practical utility; [FR Doc. 2016–26938 Filed 11–7–16; 8:45 am] Road Unit 156, Riverdale, MD 20737; (2) Evaluate the accuracy of our BILLING CODE 3410–P (301) 851–2159. For copies of more estimate of the burden of the collection detailed information on the information of information, including the validity of collection, contact Ms. Kimberly Hardy, the methodology and assumptions used; DEPARTMENT OF AGRICULTURE APHIS’ Information Collection (3) Enhance the quality, utility, and Coordinator, at (301) 851–2727. clarity of the information to be Animal and Plant Health Inspection SUPPLEMENTARY INFORMATION: collected; and Service Title: Importation of Fresh Citrus (4) Minimize the burden of the Fruit From Uruguay, Including Citrus collection of information on those who [Docket No. APHIS–2016–0067] Hybrids and Fortunella spp., Into the are to respond, through use, as Continental United States. appropriate, of automated, electronic, Notice of Request for Approval of an OMB Control Number: 0579–0401. mechanical, and other collection Information Collection; Importation of Type of Request: Approval of an technologies; e.g., permitting electronic Fresh Citrus Fruit From Uruguay, information collection. submission of responses. Including Citrus Hybrids and Abstract: The Plant Protection Act Estimate of burden: The public Fortunella spp., Into the Continental (PPA, 7 U.S.C. 7701 et seq.) authorizes reporting burden for this collection of United States the Secretary of Agriculture to restrict information is estimated to average AGENCY: Animal and Plant Health the importation, entry, or interstate 0.426 hours per response. Inspection Service, USDA. movement of plants, plant products, and Respondents: Citrus producers, other articles to prevent the packers, importers, and the national ACTION: Approval of an information introduction of plant pests into the plant protection organization officials of collection; comment request. United States or their dissemination Uruguay. within the United States. Regulations Estimated annual number of SUMMARY: In accordance with the respondents: 16. Paperwork Reduction Act of 1995, this authorized by the PPA concerning the Estimated annual number of notice announces the Animal and Plant importation of fruits and vegetables into responses per respondent: 192.3. Health Inspection Service’s intention to the United States from certain parts of Estimated annual number of request approval of an information the world are contained in ‘‘Subpart— responses: 3,077. collection associated with the Fruits and Vegetables’’ (7 CFR 319.56– regulations for the importation of fresh 1 through 319.56–75). Estimated total annual burden on citrus fruit from Uruguay, including Section 319.56–59 of the regulations respondents: 1,311 hours. (Due to Citrus hybrids and Fortunella spp., into provides the requirements for the averaging, the total annual burden hours the continental United States. importation of fresh citrus fruit from may not equal the product of the annual Uruguay, including Citrus hybrids and number of responses multiplied by the DATES: We will consider all comments Fortunella spp., into the continental reporting burden per response.) that we receive on or before January 9, United States under a systems approach. All responses to this notice will be 2017. This systems approach includes, among summarized and included in the request ADDRESSES: You may submit comments other things, requirements for for OMB approval. All comments will by either of the following methods: production sites and packinghouses, also become a matter of public record.

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Done in Washington, DC, this 2nd day of forth the permit application On March 16, 2016, APHIS received November 2016. requirements and the notification a permit application from Cornell Kevin Shea, procedures for the importation, University (APHIS Permit Number 16– Administrator, Animal and Plant Health interstate movement, or release into the 076–101r) seeking the permitted field Inspection Service. environment of a regulated article. release of GE DBMs in both open and [FR Doc. 2016–26941 Filed 11–7–16; 8:45 am] Subsequent to a permit application caged releases. We are currently BILLING CODE 3410–34–P from Cornell University (APHIS Permit preparing an EA for this new Number 13–297–102r) seeking the application and will publish notices permitted field release of three strains of associated with the EA and FONSI (if DEPARTMENT OF AGRICULTURE GE diamondback moth (DBM), Plutella one is reached) in the Federal Register. xylostella, strains designated as Animal and Plant Health Inspection Done in Washington, DC, this 2nd day of OX4319L-Pxy, OX4319N-Pxy, and November 2016. Service OX4767A-Pxy, which have been Kevin Shea, genetically engineered to exhibit red [Docket No. APHIS–2014–0056] Administrator, Animal and Plant Health fluorescence (DsRed2) as a marker and Inspection Service. repressible female lethality, on August Withdrawal of an Environmental [FR Doc. 2016–26935 Filed 11–7–16; 8:45 am] Assessment for the Field Release of 28, 2014, the Animal and Plant Health BILLING CODE 3410–34–P Genetically Engineered Diamondback Inspection Service (APHIS) published in Moths the Federal Register a notice 1 (79 FR 51299–51300, Docket No. APHIS–2014– DEPARTMENT OF AGRICULTURE AGENCY: Animal and Plant Health 0056) in which we announced the Inspection Service, USDA. availability, for public review and Animal and Plant Health Inspection ACTION: Notice. comment, of an environmental Service assessment (EA) that examined the SUMMARY: We are advising the public potential environmental impacts [Docket No. APHIS–2016–0069] that we are withdrawing an associated with the proposed release of Availability of an Environmental environmental assessment that was the GE DBMs. prepared by the Animal and Plant Assessment for the Biological Control We solicited comments on the EA for of Giant Reed Health Inspection Service relative to a 30 days ending September 29, 2014. We permitted environmental release of received 287 comments by that date. AGENCY: Animal and Plant Health diamondback moths which have been The comments were from industry Inspection Service, USDA. genetically engineered for repressible organizations, environmental and ACTION: Notice of availability and female lethality and to express red consumer advocacy groups, researchers, request for comments. fluorescence as a marker. While we and private citizens. reached a finding of no significant Based upon analysis described in the SUMMARY: We are advising the public impact (FONSI) in connection with this EA and a thorough review of the that the Animal and Plant Health action and posted that FONSI on our comments we received, APHIS Inspection Service has prepared a draft Web site, the public was not notified of determined that release of the GE DBMs environmental assessment relative to the FONSI via publication of an would not have a significant impact on the control of giant reed (Arundo associated notice in the Federal the quality of the human environment. donax). The environmental assessment Register. We are therefore withdrawing This finding of no significant impact considers the effects of, and alternatives the environmental assessment and (FONSI) was posted on the APHIS Web to, the field release of a gall-forming fly, FONSI. site. Lasioptera donacis, into the continental FOR FURTHER INFORMATION CONTACT: Mrs. In November 2014, APHIS issued United States for use as a biological Chessa Huff-Woodard, Biotechnology Permit Number 13–297–102r, which control agent to reduce the severity of Regulatory Services, APHIS, 4700 River allowed for open field release of the GE giant reed infestations. We are making Road Unit 146, Riverdale, MD 20737– DBMs. No open field releases took place the environmental assessment available 1236; (301) 851–3943. under this permit. In July 2015, the to the public for review and comment. SUPPLEMENTARY INFORMATION: The initial permit was amended to add DATES: We will consider all comments regulations in 7 CFR part 340, caged releases to the list of allowable that we receive on or before December ‘‘Introduction of Organisms and actions (APHIS Permit Number 13–297– 8, 2016. Products Altered or Produced Through 102r–a1). Caged releases pursuant to the ADDRESSES: You may submit comments Genetic Engineering Which Are Plant amended permit occurred between July by either of the following methods: Pests or Which There Is Reason to 2015 and March 11, 2016, when the • Federal eRulemaking Portal: Go to Believe Are Plant Pests,’’ regulate, permit was withdrawn. http://www.regulations.gov/ among other things, the introduction Although, as mentioned previously, #!docketDetail;D=APHIS-2016-0069. (importation, interstate movement, or we posted the FONSI on our Web site, • Postal Mail/Commercial Delivery: release into the environment) of we failed to formally advise the public Send your comment to Docket No. organisms and products altered or of our FONSI regarding the release of GE APHIS–2016–0069, Regulatory Analysis produced through genetic engineering DBMs via publication of a second notice and Development, PPD, APHIS, Station that are plant pests or that there is in the Federal Register. Therefore, we 3A–03.8, 4700 River Road Unit 118, reason to believe are plant pests. Such are withdrawing the EA and FONSI Riverdale, MD 20737–1238. genetically engineered (GE) organisms associated with the August 28, 2014, Supporting documents and any and products are considered ‘‘regulated notice. comments we receive on this docket articles.’’ A permit must be obtained or may be viewed at http:// 1 To view the notice, supporting documents, and a notification acknowledged before a comments we received, go to http:// www.regulations.gov/ regulated article may be released into www.regulations.gov/#!docketDetail;D=APHIS- #!docketDetail;D=APHIS-2016-0069 or the environment. The regulations set 2014-0056. in our reading room, which is located in

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room 1141 of the USDA South Building, refer to the title of the EA when following identifier: ‘‘HMS AP 14th Street and Independence Avenue requesting copies. Nominations.’’ SW., Washington, DC. Normal reading The EA has been prepared in • Mail: Margo Schulze-Haugen, room hours are 8 a.m. to 4:30 p.m., accordance with: (1) The National Highly Migratory Species Management Monday through Friday, except Environmental Policy Act of 1969 Division, NMFS SF1, 1315 East-West holidays. To be sure someone is there to (NEPA), as amended (42 U.S.C. 4321 et Highway, Silver Spring, MD 20910. help you, please call (202) 799–7039 seq.); (2) regulations of the Council on FOR FURTHER INFORMATION CONTACT: before coming. Environmental Quality for Peter Cooper at (301) 427–8503. FOR FURTHER INFORMATION CONTACT: Dr. implementing the procedural provisions SUPPLEMENTARY INFORMATION: of NEPA (40 CFR parts 1500–1508); (3) Colin D. Stewart, Assistant Director, Introduction Pests, Pathogens, and Biocontrol USDA regulations implementing NEPA Permits Permitting and Compliance (7 CFR part 1b); and (4) APHIS’ NEPA The Magnuson-Stevens Fishery Coordination, PPQ, APHIS, 4700 River Implementing Procedures (7 CFR part Conservation and Management Act Road Unit 133, Riverdale, MD 20737– 372). (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., as amended by the Sustainable 1231; (301) 851–2327, email: Done in Washington, DC, this 2nd day of [email protected]. November 2016. Fisheries Act, Public Law 104–297, provided that the Secretary may Kevin Shea, SUPPLEMENTARY INFORMATION: establish Advisory Panels to assist in Administrator, Animal and Plant Health the collection and evaluation of Giant reed (Arundo donax), a native Inspection Service. of the Mediterranean and Middle East, information relevant to the development [FR Doc. 2016–26937 Filed 11–7–16; 8:45 am] has become one of the most pervasive of any Fishery Management Plan (FMP) non-native plants to invade the riparian BILLING CODE 3410–34–P or FMP amendment for any highly areas of the Southwest United States, migratory species fishery that is under especially in California and the Rio the Secretary’s authority. NMFS has Grande area of Texas. Giant reed DEPARTMENT OF COMMERCE consulted with the HMS AP on: infestations in riparian habitats lead to Amendment 1 to the Billfish FMP (April loss of biodiversity, stream bank National Oceanic and Atmospheric 1999); the HMS FMP (April 1999); erosion, altered channel morphology, Administration Amendment 1 to the HMS FMP damage to bridges, increased costs for (December 2003); the 2006 Consolidated RIN 0648–XE985 chemical and mechanical control along HMS FMP (October 2006); Amendments 1, 2, 3, 4, 5a, 5b, 6, 7, 8, 9, and 10 to transportation corridors, and Atlantic Highly Migratory Species; the 2006 Consolidated HMS FMP (April impediment of law enforcement Advisory Panel activities on the international border. and October 2008, February and Many Federal and State agencies, as AGENCY: National Marine Fisheries September 2009, May and September well as private entities, conduct Service (NMFS), National Oceanic and 2010, April and September 2011, March programs to manage giant reed, as well Atmospheric Administration (NOAA), and September 2012, January and as other invasive weeds. The Animal Commerce. September 2013, April and September 2014, March and September 2015, and and Plant Health Inspection Service ACTION: Notice; solicitation of (APHIS) is proposing to issue permits nominations. March and September 2016); among for the field release of a gall-forming fly, other relevant fishery management Lasioptera donacis, into the continental SUMMARY: NMFS solicits nominations issues. United States to reduce the severity of for the Atlantic Highly Migratory Procedures and Guidelines giant reed infestations. Species (HMS) Advisory Panel (AP). A. Nomination Procedures for APHIS’ review and analysis of the NMFS consults with and considers the Appointments to the Advisory Panel proposed action are documented in comments and views of the HMS AP detail in a draft environmental when preparing and implementing Nomination packages should include: assessment (EA) entitled ‘‘Field release Fishery Management Plans (FMPs) or 1. The name of the nominee and a of the European leaf sheath mining FMP amendments for Atlantic tunas, description of his/her interest in HMS midge, Lasioptera donacis Coutin swordfish, sharks, and billfish. or HMS fisheries, or in particular (Diptera: Cecidomyiidae), for biological Nominations are being sought to fill species of sharks, swordfish, tunas, or control of giant reed, Arundo donax L. approximately one-third (11) of the seats billfish; (Poales: Poaceae) in the Contiguous on the HMS AP for a 3-year 2. Contact information, including United States’’ (April 2016). We are appointment. Individuals with definable mailing address, phone, and email of making the EA available to the public interests in the recreational and the nominee; 3. A statement of background and/or for review and comment. We will commercial fishing and related qualifications; consider all comments that we receive industries, environmental community, academia, and non-governmental 4. A written commitment that the on or before the date listed under the nominee shall actively participate in heading DATES at the beginning of this organizations are considered for membership on the HMS AP. good faith, and consistent with ethics notice. obligations, in the meetings and tasks of DATES: Nominations must be received The EA may be viewed on the the HMS AP; and Regulations.gov Web site or in our on or before December 8, 2016. 5. A list of outreach resources that the reading room (see ADDRESSES above for ADDRESSES: You may submit nominee has at his/her disposal to a link to Regulations.gov and nominations and requests for the communicate HMS issues to various information on the location and hours of Advisory Panel Statement of interest groups. the reading room). You may request Organization, Practices, and Procedures paper copies of the EA by calling or by any of the following methods: Qualifications for HMS AP Membership writing to the person listed under FOR • Email: HMSAP.Nominations@ Qualification for membership FURTHER INFORMATION CONTACT. Please noaa.gov. Include in the subject line the includes one or more of the following:

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(1) Experience in HMS recreational B. Participants December 31 of each year. NMFS seeks fisheries; (2) experience in HMS Nominations for the HMS AP will be to fill 3 commercial, 5 recreational, and commercial fisheries; (3) experience in accepted to allow representation from 2 environmental organization vacancies fishery-related industries (e.g., marinas, commercial and recreational fishing by December 31, 2016. NMFS will seek bait and tackle shops); (4) experience in interests, academic/scientific interests, to fill vacancies based primarily on the scientific community working with and the environmental/non- maintaining the current representation HMS; and/or (5) representation of a governmental organization community, from each of the sectors. NMFS also private, non-governmental, regional, who are knowledgeable about Atlantic considers species expertise and national, or international organization HMS and/or Atlantic HMS fisheries. representation from the fishing regions representing marine fisheries, or Current representation on the HMS AP, (Northeast, Mid-Atlantic, Southeast, environmental, governmental, or as shown in Table 1, consists of 12 Gulf of Mexico, and Caribbean) to academic interests dealing with HMS. members representing commercial ensure the diversity and balance of the interests, 12 members representing AP. Table 1 includes the current Tenure for the HMS AP recreational interests, 4 members representation on the HMS AP by representing environmental interests, 4 sector, region, and species with terms Member tenure will be for 3 years (36 academic representatives, and the that are expiring identified in bold. It is months), with approximately one-third International Commission for the not meant to indicate that NMFS will of the members’ terms expiring on Conservation of Atlantic Tunas (ICCAT) only consider persons who have December 31 of each year. Nominations Advisory Committee Chairperson. Each expertise in the species or fishing are sought for terms beginning January HMS AP member serves a 3-year term regions that are listed. Rather, NMFS 2017 and expiring December 2019. with approximately one-third of the will aim toward having as diverse and total number of seats (33) expiring on balanced an AP as possible.

TABLE 1—CURRENT REPRESENTATION ON THE HMS AP BY SECTOR, REGION, AND SPECIES [Terms that are expiring or for whom current members are stepping down are in bold. NMFS tries to maintain diversity and balance in representation among fishing regions and species]

Date Date term Sector Fishing region Species appointed expires

Academic ...... All ...... Swordfish/Tuna ...... 1/1/2015 12/31/2017 Academic ...... All ...... Tuna ...... 1/1/2016 12/31/2018 Academic ...... Southeast/Gulf of Mexico ...... Shark ...... 1/1/2016 12/31/2018 Academic ...... Southeast ...... Swordfish/HMS ...... 1/1/2016 12/31/2018 Commercial ...... Mid-Atlantic ...... HMS/Shark ...... 1/1/2014 12/31/2016 Commercial ...... Northeast ...... Swordfish/Tuna ...... 1/1/2014 12/31/2016 Commercial ...... Gulf of Mexico ...... Shark ...... 1/1/2014 12/31/2016 Commercial ...... Gulf of Mexico ...... Shark ...... 1/1/2015 12/31/2017 Commercial ...... Mid-Atlantic ...... HMS ...... 1/1/2015 12/31/2017 Commercial ...... Northeast ...... Tuna/Swordfish ...... 1/1/2015 12/31/2017 Commercial ...... Gulf of Mexico ...... Tuna/Swordfish ...... 1/1/2015 12/31/2017 Commercial ...... Northeast ...... Tuna ...... 1/1/2015 12/31/2017 Commercial ...... Northeast ...... Tuna ...... 1/1/2015 12/31/2017 Commercial ...... Southeast ...... Shark ...... 1/1/2016 12/31/2018 Commercial ...... Southeast ...... Swordfish/Tuna ...... 1/1/2016 12/31/2018 Commercial ...... Northeast ...... Tuna ...... 1/1/2016 12/31/2018 Environmental ...... All ...... Tuna ...... 1/1/2014 12/31/2016 Environmental ...... All ...... HMS ...... 1/1/2015 12/31/2017 Environmental ...... All ...... Shark ...... 1/1/2015 12/31/2017 Environmental ...... All ...... HMS ...... 1/1/2016 12/31/2018 Recreational ...... Northeast ...... HMS ...... 1/1/2013 12/31/2016 Recreational ...... Northeast ...... Tuna ...... 1/1/2014 12/31/2016 Recreational ...... Mid-Atlantic ...... HMS ...... 1/1/2014 12/31/2016 Recreational ...... Southeast ...... Billfish ...... 1/1/2014 12/31/2016 Recreational ...... Gulf of Mexico ...... HMS ...... 1/1/2014 12/31/2016 Recreational ...... Gulf of Mexico/Southeast ...... Billfish ...... 1/1/2015 12/31/2017 Recreational ...... Mid-Atlantic ...... Shark ...... 1/1/2015 12/31/2017 Recreational ...... Mid-Atlantic ...... Tuna ...... 1/1/2015 12/31/2017 Recreational ...... Northeast ...... Tuna/Shark ...... 1/1/2016 12/31/2018 Recreational ...... Northeast ...... HMS ...... 1/1/2016 12/31/2018 Recreational ...... Mid-Atlantic ...... HMS ...... 1/1/2016 12/31/2018 Recreational ...... Southeast ...... Billfish/HMS ...... 1/1/2016 12/31/2018

The intent is to have a group that, as each of the following Councils: New Council. The HMS AP also includes 22 a whole, reflects an appropriate and England Fishery Management Council, ex-officio participants: 20 equitable balance and mix of interests the Mid-Atlantic Fishery Management representatives of the coastal states and given the responsibilities of the HMS Council, the South Atlantic Fishery two representatives of the interstate AP. Management Council, the Gulf of commissions (the Atlantic States Marine Five additional members on the HMS Mexico Fishery Management Council, Fisheries Commission and the Gulf AP include one member representing and the Caribbean Fishery Management States Marine Fisheries Commission).

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NMFS will provide the necessary information from the Office of response to the August 19 notice. The administrative support, including Management and Budget (OMB). commenter noted that the existence of technical assistance, for the HMS AP. DATES: Submit written or electronic the Database may reduce FOIA requests. However, NMFS will not compensate comments on the collection of Nothing in the comment addressed participants with monetary support of information by December 8, 2016. CPSC’s burden analysis. Accordingly, any kind. Depending on availability of ADDRESSES: OMB recommends that by publication of this notice, the funds, members may be reimbursed for written comments be faxed to the Office Commission announces that it has travel costs related to the HMS AP of Information and Regulatory Affairs, submitted to the Office of Management meetings. OMB, Attn: CPSC Desk Officer, FAX: and Budget (OMB) a request for extension of approval of the collection C. Meeting Schedule 202–395–6974, or emailed to [email protected]. All of information for the Database without Meetings of the HMS AP will be held change. as frequently as necessary but are comments should be identified by routinely held twice each year—once in Docket No. CPSC–2010–0041. In A. Background the spring, and once in the fall. The addition, written comments also should be submitted at http:// Section 212 of the CPSIA added meetings may be held in conjunction section 6A to the Consumer Product with public hearings. www.regulations.gov, under Docket No. CPSC–2010–0041, or by mail/hand Safety Act (CPSA), which requires the Dated: November 3, 2016. delivery/courier (for paper, disk, or CD– Commission to establish and maintain a Alan D. Risenhoover, ROM submissions), preferably in five publicly available, searchable database Director, Office of Sustainable Fisheries, copies, to: Office of the Secretary, U.S. on the safety of consumer products and National Marine Fisheries Service. Consumer Product Safety Commission, other products or substances regulated [FR Doc. 2016–26943 Filed 11–7–16; 8:45 am] Room 820, 4330 East West Highway, by the Commission. Among other BILLING CODE 3510–22–P Bethesda, MD 20814; telephone (301) things, section 6A of the CPSA requires 504–7923. For access to the docket to the Commission to collect reports of read background documents or harm from the public for potential CONSUMER PRODUCT SAFETY comments received, go to http:// publication in the publicly available COMMISSION www.regulations.gov. Database, and to collect and publish comments about reports of harm from FOR FURTHER INFORMATION CONTACT: [Docket No. CPSC–2010–0041] For manufacturers. As explained in the further information contact: Robert H. August 19, 2016 Federal Register notice Collection of Information; Proposed Squibb, Consumer Product Safety Extension of Approval; Comment (81 FR 55449), the Commission sought, Commission, 4330 East West Highway, and OMB approved, the collection of Request—Publicly Available Consumer Bethesda, MD 20814; (301) 504–7815, or Product Safety Information Database information for the Database under by email to: [email protected]. control number 3041–0146. OMB’s most AGENCY: Consumer Product Safety SUPPLEMENTARY INFORMATION: In the recent extension of approval on Commission. Federal Register of August 19, 2016 (81 December 2, 2013 will expire on ACTION: Notice. FR 55449), the CPSC published a notice December 31, 2016. Accordingly, the in accordance with provisions of the Commission now proposes to request an SUMMARY: As required by the Paperwork Paperwork Reduction Act of 1995 (44 extension of approval of this collection Reduction Act of 1995 (PRA), the U.S.C. Chapter 35). This notice of information. Details about the Consumer Product Safety Commission announced CPSC’s intention to seek information collected through the (CPSC or Commission) requests extension of approval of a collection of Database are provided in the August 19, comments on a proposed extension of information for a database on the safety 2016 notice. approval of a collection of information of consumer products and other for the Publicly Available Consumer products and substances regulated by B. Estimated Burden Product Safety Information Database. the Commission (Database), as required 1. Estimated Annual Burden for The Commission will consider all by section 212 of the Consumer Product Respondents comments received in response to this Safety Improvement Act of 2008 notice before requesting an extension of (CPSIA). We received one general We estimate the burden of this approval of this collection of comment in support of the Database in collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN FOR REPORTS OF HARM

Collection type Number of Response Total annual Minutes per Total burden, respondents frequency 1 responses response in hours 2

Reports of Harm—submitted through Web site ...... 6,582 1.03 6,790 12 1,358 Reports of Harm—submitted by phone ...... 2,632 1.01 2,643 10 441 Reports of Harm—submitted by mail, email, fax ...... 780 6.67 5,206 20 1,735

Total ...... 9,994 ...... 14,639 ...... 3,534

1 Frequency of responses is calculated by dividing 2 Numbers have been rounded. the number of responses by the number of respondents.

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TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN FOR MANUFACTURER SUBMISSIONS

Collection type Number of Response Total annual Minutes per Total burden, respondents frequency 1 responses response in hours 2

Manufacturer Comments—submitted through Web site ..... 532 6.23 3,317 117 6,468 Manufacturer Comments—submitted by mail, email, fax .... 283 1.22 346 147 848 Requests to Treat Information as Confidential—submitted through Web site ...... 12 1.08 13 42 9 Requests to Treat Information as Confidential—submitted by mail, email, fax ...... 0 n/a 0 72 0 Requests to Treat Information as Materially Inaccurate— submitted through Web site ...... 131 1.82 238 165 655 Requests to Treat Information as Materially Inaccurate— submitted by mail, email, fax ...... 79 1.06 84 195 273 Voluntary Brand Identification ...... 829 1.48 1,228 10 205 Small Batch Manufacturer Identification ...... 2,208 1 2,208 10 368

Total ...... 4,074 ...... 7,434 ...... 8,826

Based on the data set forth in Tables hours + 1,735 hours = 3,534 hours) by received. The last group contacted 1 and 2 above, the annual reporting cost an estimated total compensation for all included businesses that submitted no is estimated to be $719,381. This workers in private industry of $32.06 more than five comments, accounting estimate is based on the sum of two per hour,3 which results in an estimated for 30 percent of all general comments estimated total figures for reports of cost of $113,300 (3,534 hours × $32.06 received.4 We asked each company harm and manufacturer submissions. per hour = $113,300). contacted how long it typically takes to The estimated number of respondents Manufacturer Submissions: Table 2 research, compose, and enter a and responses are based on the actual sets forth the data used to estimate the comment, a claim of materially responses received in FY 2015. We burden associated with manufacturers’ inaccurate information, or a confidential assume that the number of responses submissions to the Database. We information claim. and respondents will be similar in observed that a large percentage of the future years. general comments come from a few To estimate the burden associated Reports of Harm: Table 1 sets forth businesses and assumed that the with submitting a general comment the data used to estimate the burden experience of a business that submits through the business portal regarding a associated with submitting reports of many comments each year would be report of harm, we averaged the burden harm. We had previously estimated the different from one that submits only a provided by each company within each time associated with the electronic and few. Accordingly, we divided all group and then calculated a weighted telephone submission of reports of harm responding businesses into three average from the three groups, at 12 and 10 minutes, respectively, and groups, based on the number of general weighting each group by the proportion because we have had no indication that comments submitted in FY 2015; and of comments received from that group. these estimates are not appropriate or then we selected several businesses We found that the average time to accurate, we used those figures for from each group to contact. The first submit a general comment regarding a present purposes as well. We estimate group we contacted consisted of report of harm is 117 minutes based on that the time associated with a paper or businesses that submitted 50 or more the data in Table 3 (((15 minutes + 45 PDF form would be 20 minutes, on comments in FY 2015, accounting for 31 minutes + 30 minutes + 15 minutes)/4 average. percent of all general comments companies)*.31 + ((105 minutes + 45 To estimate the costs for submitting received. The second group we minutes + 150 minutes + 15 minutes)/ reports of harm, we multiplied the contacted included businesses that 4 companies)*.39 + ((240 minutes + 60 estimated total burden hours associated submitted 6 to 49 comments, accounting minutes + 480 minutes)/3 with reports of harm (1,358 hours + 441 for 39 percent of all general comments companies)*.30 = 117 minutes).

TABLE 3—ESTIMATED BURDEN TO ENTER A GENERAL COMMENT IN THE DATABASE

General Group Company comments

Group 1 (>=50 comments) ...... Company A ...... 15 Company B ...... 45 Company C ...... 30 Company D ...... 15 Group 2 (6–49 comments) ...... Company A ...... 105 Company B ...... 45 Company C ...... 150 Company D ...... 15

3 U.S. Department of Labor, Bureau of Labor by occupational group, June 2016 (data extracted on 4 In the last group one company was excluded as Statistics, Table 9 of the Employer Costs for 06/23/2016 from http://www.bls.gov/news.release/ an outlier. Employee Compensation (ECEC), Private Industry, ecec.t09.htm goods-producing and service-providing industries,

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TABLE 3—ESTIMATED BURDEN TO ENTER A GENERAL COMMENT IN THE DATABASE—Continued

General Group Company comments

Group 3 (≤= 5 comments) ...... Company A ...... 240 Company B ...... 60 Company C ...... 480

Registered businesses generally Unregistered businesses submit ($113,300 burden for reports of harm + submit comments through our Web site. confidential information claims by mail, $606,081 burden for manufacturer Unregistered businesses submit email, or fax. We estimate that submissions = $719,381). comments by mail, email, or fax. We submitting claims in this way takes a 2. Estimated Annual Burden on estimate that for unregistered little longer because we often must ask Government businesses, submitting comments takes the businesses to amend their a little longer because we often must ask submission to include the required We estimate the annualized cost to the businesses to amend their certifications. Thus, we estimate that a the CPSC to be $954,531. This figure is submissions to include the required confidential information claim based on the costs for four categories of certifications. Thus, we estimated that submitted by mail, email, or fax would work for the Database: Reports of Harm, on average, comments submitted by take 30 minutes longer than those Materially Inaccurate Information mail, email, or fax take 30 minutes submitted through our Web site (42 Claims, Manufacturer Comments, and longer than those submitted through our minutes + 30 minutes = 72 minutes). Small Batch Identification. Each Web site (117 minutes + 30 minutes = For voluntary brand identification, we category is described below. No 147 minutes). estimate that a response would take 10 government cost is associated with The submission of a claim of minutes on average. Most responses Voluntary Brand Identification because materially inaccurate information is a consist only of the brand name and a this information is entered directly into relatively rare event for all respondents. product description. In many cases a the Database by the manufacturer with Accordingly, we averaged all responses business will submit multiple entries in no processing required by the together. Eight of the businesses a brief period of time and, based on the government. The information assists the contacted had submitted claims of date and time stamps on these records, government in directing reports of harm materially inaccurate information. We an entry often takes less than two to the correct manufacturer. We did not found that the average time to submit a minutes. CPSC staff enters the same data attempt to calculate separately the claim that a report of harm contains a in a similar form based on our own government cost for claims of material inaccuracy is 165 minutes ((30 research, and that experience was also confidential information because the minutes + 90 minutes + 45 minutes + 90 factored into our estimate. number of claims is so small. The time minutes + 60 minutes + 660 minutes + For small batch manufacturer to process these claims is included with 45 minutes + 300 minutes)/8 companies identification, we estimate that a claims of materially inaccurate = 165 minutes). response would take 10 minutes on information. Registered businesses generally average. The form consists of three Reports of Harm: The Reports of Harm submit claims through the business check boxes and the information should category includes many different tasks. portal. Unregistered businesses submit be readily accessible to the respondent. Some costs related to this category are claims by mail, email, or fax. We The responses summarized in Table 2 from two data entry contracts. Tasks estimate that submitting claims by mail, are generally submitted by related to these contracts include email, or fax takes a little longer because manufacturers. To avoid clerical coding of the report, such as we often must ask the businesses to underestimating the cost associated identifying the type of consumer amend their submission to include the with the collection of this data, we product reported and the appropriate required certifications. Thus, we assigned the higher hourly wage associated hazard, as well as performing estimated that on average, claims associated with a manager or quality control on the data in the report. submitted by mail, email, or fax take 30 professional in goods-producing Contractor A spends an estimated 5,267 minutes longer than those submitted industries to these tasks. To estimate the hours per year performing these tasks. through our Web site (165 minutes + 30 cost of manufacturer submissions we With an hourly rate of $33.31 for minutes = 195 minutes). multiplied the estimated total burden contractor services, the annual cost to The submission of a claim of hours in Table 2 (8,826 hours) by an the government of contract A is confidential information is a relatively estimated total compensation for a $175,444. Contractor B spends an rare event for all respondents; manager or professional in goods- estimated 2,539 hours per year accordingly, we averaged all responses producing industries of $68.67 per performing these tasks. With an hourly together. Five of the businesses hour,5 which results in an estimated rate of $58.09 for contractor services, the contacted had submitted claims of cost of $606,081 (8,826 hours × $68.67 annual cost to the government of confidential information. We found that per hour = $606,081). contract B is $147,491. the average time to submit a claim that Therefore, the total estimated annual The Reports of Harm category also a report of harm contains confidential cost to respondents is $719,381 includes sending consent requests for information is 42 minutes ((45 minutes reports when necessary, processing that + 15 minutes + 60 minutes + 30 minutes 5 U.S. Department of Labor, Bureau of Labor consent when received, determining + 60 minutes)/5 companies = 42 Statistics, Table 9 of the Employer Costs for whether a product is out of CPSC’s minutes). Employee Compensation (ECEC), Private Industry, jurisdiction, and confirming that goods-producing and service-providing industries, Registered businesses generally by occupational group, June 2016 (data extracted on pictures and attachments do not have submit confidential information claims 06/23/2016 from http://www.bls.gov/news.release/ any personally identifiable information. through the business portal. ecec.t09.htm. The Reports category also entails

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notifying manufacturers when one of referring some reports to a Subject a risk of harm, and determining whether their products is reported, completing a Matter Expert (SME) within the CPSC a report meets all the statutory and risk of harm determination form for for a determination on whether the regulatory requirements for publication. every report eligible for publication, reports meet the requirement of having Detailed costs are:

TABLE 4—ESTIMATED COSTS FOR REPORTS OF HARM TASK

Number of Total Grade level hours compensation Total annual (annual) per hour cost

Contract A ...... 5,267 $33.31 $175,444 Contract B ...... 2,539 58.09 147,491 7 ...... 200 34.78 6,956 9 ...... 300 42.69 12,807 12 ...... 5,528 61.91 342,238 13 ...... 428 73.37 31,402 14 ...... 1,068 86.99 92,905

Total ...... 15,330 ...... 809,243

Materially Inaccurate Information claims, participating in meetings where on reports when a company alleges that (MII) Claims: The MII claims category the claims are discussed, and a report does not describe a risk of includes reviewing and responding to completing a risk of harm determination harm.

TABLE 5—ESTIMATED COSTS FOR MII CLAIMS TASK

Number of Total Grade level hours compensation Total annual (annual) per hour cost

12 ...... 275 $61.91 $17,025 13 ...... 167 73.37 12,253 14 ...... 323 86.99 28,098 15 ...... 50 101.99 5,100 SES ...... 50 109.97 5,499

Total ...... 865 ...... 67,975.00

Manufacturer Comments: The Comments category includes reviewing and accepting or rejecting comments.

TABLE 6—ESTIMATED COSTS FOR MANUFACTURER COMMENTS TASK

Number of Total Grade level hours compensation Total annual (annual) per hour cost

12 ...... 62 $61.91 $3,838 13 ...... 109 73.37 7,997

Total ...... 171 ...... 11,835

Small Batch Manufacturer includes time spent posting the list of registering as a Small Batch company Identification: The Small Batch small batch registrations, as well as and what the implications to that Manufacturer Identification category answering manufacturers’ questions on company of small batch registration.

TABLE 7—ESTIMATED COSTS FOR SMALL BATCH TASK

Number of Total Grade level hours compensation Total annual (annual) per hour cost

15 ...... 642 $101.99 $65,478

Total ...... 642 ...... 65,478

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We estimate the annualized cost to composed of a subset of the following 19. MG Daniel I. Karbler, the CPSC of $954,531 by adding the four individuals: Commanding General, U.S. Army Test categories of work related to the 1. Ms. Lisha Adams, Executive and Evaluation Command. Database summarized in Tables 4 Deputy to the Commanding General, 20. Ms. Krystyna M. A. Kolesar, through 7 (Reports of Harm ($809,243) U.S. Army Materiel Command. Deputy Director, Program Analysis & + MII Claims ($67,975) + Manufacturer 2. LTG Joseph Anderson, Deputy Evaluation Directorate, Office of the Comments ($11,835) + Small Batch Chief of Staff, G–3/5/7, Department of Deputy Chief of Staff, G–8. Identification ($65,478) = $954,531). the Army. 21. Mr. Mark R. Lewis, Executive This information collection renewal 3. LTG Robert P. Ashley Jr., Deputy Advisor to the Adminstrative Assistant request based on an estimated 12,360 Chief of Staff, G–2, Department of the to the Secretary of the Army, Office of burden hours per year for the Database Army. the Administrative Assistant. is a decrease of 7,485 hours since this 4. Mr. Stephen D. Austin, Assistant 22. LTG Kevin W. Mangum, Deputy collection of information was last Chief of the Army Reserve, Office of the Commanding General/Chief of Staff, approved by OMB in 2013. The decrease Chief Army Reserve. U.S. Army Training and Doctrine in burden is due primarily to the fact 5. LTG Gwendolyn Bingham, Command. that the number of incoming reports of Assistant Chief of Staff for Installation 23. Mr. David Markowitz, Assistant Management, Department of the Army. harm has decreased, and the number of Deputy Chief of Staff, G–8, Deputy Chief 6. Dr. Joseph L. Corriveau, Director, claims based on those reports has of Staff, G–8. Edgewood Chemical Biological Center, decreased as well. While comments did 24. Mr. Joseph M. McDade, Principal U.S. Army Edgewood Chemical Deputy General Counsel of the Air not decline significantly, they did shift Biological Center, U.S. Army Research, to the more efficient online Force. Development and Engineering 25. Ms. Kathleen S. Miller, Assistant submissions. We note a large increase in Command. small batch manufacturer activity, Deputy Chief of Staff for Operations (G– 7. Mr. James C. Dalton, Director of 3/5/7), Office of the Deputy Chief of which has been rising steadily for years. Civil Works, U.S. Army Corps of However, this increase was not large Staff, G–3/5/7. Engineers. 26. Mr. William F. Moore, Assistant enough to offset the decreases in other 8. Ms. Gwendolyn R. DeFilippi, Deputy Chief of Staff, G–4, Office of the areas. Director, Civilian Senior Leader Deputy Chief of Staff, G–4. Dated: November 3, 2016. Management Office, Office of the 27. Mr. Levator Norsworthy Jr., Todd A. Stevenson, Assistant Secretary of the Army Deputy General Counsel(Acquisition)/ (Manpower and Reserve Affairs). Secretary, Consumer Product Safety Senior Deputy General Counsel, Office 9. Ms. Steffanie B. Easter, Principal Commission. of the General Counsel. Deputy Assistant Secretary of the Army [FR Doc. 2016–26963 Filed 11–7–16; 8:45 am] 28. Mr. Gerald B. O’Keefe, for Acquisition, Policy and Logistics, BILLING CODE 6355–01–P Administrative Assistant to the Office of the Assistant Secretary of the Secretary of the Army, Office of the Army (Acquisition, Logistics, and Administrative Assistant to the Technology). DEPARTMENT OF DEFENSE 10. Ms. Sue A. Engelhardt, Director of Secretary of the Army. Human Resources, U.S. Army Corps of 29. Mr. Philip R. Park, Principal Department of the Army Engineers. Deputy General Counsel, Office of the 11. Mr. Randall L. Exley, The Auditor General Counsel. Performance Review Board 30. LTG Gustave F. Perna, Membership General, U.S. Army, Office of the Auditor General. Commanding General, U.S. Army AGENCY: Department of the Army, DoD. 12. Mr. Richard Fong, Senior Materiel Command. 31. Mr. Dean E. Pfoltzer, Principal ACTION: Notice. Research Scientist (Warheads Technology), U.S. Army Armament Director, Policy and Resources/Chief SUMMARY: Notice is given of the names Research, Development, and Financial Officer, Office of the Chief of members of a Performance Review Engineering Center (ARDEC), U.S. Army Information Officer/G–6. Board for the Department of the Army. Research, Development and Engineering 32. Mr. David W. Pittman, Deputy DATES: Effective Date: November 01, Command. Director, Engineer Research and 2016. 13. Ms. Susan J. Goodyear, Deputy Development Center, U.S. Army Corps Chief of Staff for Resource Management, of Engineers. FOR FURTHER INFORMATION CONTACT: U.S. Army Materiel Command. 33. Mr. Vic S. Ramdass, Director for Barbara Smith, Civilian Senior Leader 14. Mr. Patrick K. Hallinan, Executive Partnering USSOUTHCOM, U.S. Management Office, 111 Army Director of the Army National Southern Command. Pentagon, Washington, DC 20310–0111. Cemeteries Program, Department of the 34. Ms. Diane M. Randon, Deputy SUPPLEMENTARY INFORMATION: Section Army. Assistant Chief of Staff for Installation 4314(c)(1) through (5) of Title 5, U.S.C., 15. Mr. Stuart A. Hazlett, Director of Management, Office of the Assistant requires each agency to establish, in Contracting, U.S. Army Corps of Chief of Staff for Installation accordance with regulations, one or Engineers. Management. more Senior Executive Service 16. Ms. Ellen M. Helmerson, Deputy 35. Mr. Jeffrey N. Rapp, Assistant performance review boards. The boards Chief of Staff, G–8, U.S. Army Training Deputy Chief of Staff, G–2 Office of the shall review and evaluate the initial and Doctrine Command. Deputy Chief of Staff, G–2. appraisal of senior executives’ 17. Mr. David Jimenez, Assistant to 36. Dr. Jaques Reifman, Senior performance by supervisors and make the Deputy Under Secretary of the Research Scientist (Advanced Medical recommendations to the appointing Army/Director of Test and Evaluation. Technology), U.S. Army Medical authority or rating official relative to the 18. MG Donald E. Jackson, Jr., Deputy Research Materiel Command. performance of these executives. Commanding General for Civil and 37. Mr. J. Randall Robinson, Principal The Department of the Army Emergncy Operations, U.S. Army Corps Deputy to the Assistant Secretary of the Performance Review Board will be of Engineers. Army (Installations, Energy and

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Environment), Office of the Assistant DEPARTMENT OF DEFENSE Updates; Sexual Harassment/Assault Secretary of the Army (Installations and Response and Prevention (SHARP) Environment). Department of the Army Update; Athletic Department 38. Mr. Craig R. Schmauder, Deputy Restructure Update; USMA Board of Visitors, United States Construction Update; Davis barracks General Counsel (Installation, Military Academy move in timeline; Memorialization Environment and Civil Works), Office of AGENCY: Department of the Army, DoD. Update; and Upcoming Events. the General Counsel. Public’s Accessibility to the Meeting: ACTION: Notice of committee meeting. 39. Mr. Karl F. Schneider, Deputy Pursuant to 5 U.S.C. § 552b and 41 CFR Chief Management Officer, Office of the SUMMARY: Under the provisions of the §§ 102–3.140 through 102–3.165 and Under Secretary of the Army. Federal Advisory Committee Act of subject to the availability of space, this 40. LTG Todd T. Semonite, 1972 (5 U.S.C., Appendix, as amended), meeting is open to the public. Seating is Commanding General, U.S. Army Corps the Government in the Sunshine Act of on a first to arrive basis. Attendees are of Engineers. 1976 (5 U.S.C. § 552b, as amended), and requested to submit their name, 41 CFR § 102–3.150, the Department of affiliation, and daytime phone number 41. Ms. Monica Shephard, Vice Defense announces that the following seven business days prior to the meeting Director for Joint Force Development, J7. Federal advisory committee meeting to Mrs. Ghostlaw, via electronic mail, 42. MG James E. Simpson, will take place. the preferred mode of submission, at the Commanding General, U.S. Army DATES: The meeting will be held on address listed in the FOR FURTHER Contracting Command. Wednesday, November 30, 2016, Time INFORMATION CONTACT section. Pursuant to 41 CFR 102–3.140d, the committee is 43. Ms. Caral E. Spangler, Principal 1:30–4:30 p.m. Members of the public wishing to attend the meeting will be not obligated to allow a member of the Deputy Assistant Secretary of the Army public to speak or otherwise address the (Financial Management and need to show photo identification in order to gain access to the meeting committee during the meeting, and Comptroller). Office of the Assistant members of the public attending the Secretary of the Army (Financial location. All participants are subject to security screening. committee meeting will not be Management & Comptroller). permitted to present questions from the ADDRESSES: The meeting will be held in floor or speak to any issue under 44. Honorable Robert M. Speer, Room 1301, Agricultural Committee consideration by the committee. Assistant Secretary of the Army Hearing Room, Longworth House Office Because the committee meeting will be (Financial Management & Comptroller), Building, New Jersey and Independence held in a Federal Government facility Office of the Assistant Secretary of the Avenues SE., Washington, DC. Army (Financial Management & security screening is required. A FOR FURTHER INFORMATION CONTACT: Mrs. Comptroller). government photo ID is required to Deadra K. Ghostlaw, the Designated enter the building. Please note that 45. Ms. Patricia P. Stokes, Senior Federal Officer for the committee, in security and gate guards have the right Security Advisor, U.S. Department of writing at: Secretary of the General Staff, to inspect vehicles and persons seeking the Army, Office of the Deputy Chief of ATTN: Deadra K. Ghostlaw, 646 Swift to enter and exit the installation. Staff, G–2. Road, West Point, NY 10996; by email Longworth House Office Building, is 46. Honorable Debra S. Wada, at: [email protected] or fully handicap accessible. Wheelchair Assistant Secretary of the Army [email protected]; or by telephone at (845) access is available at the entrance on (Manpower and Reserve Affairs), Office 938–4200. Independence Avenue SE. For of the Assistant Secretary of the Army SUPPLEMENTARY INFORMATION: The additional information about public (Manpower and Reserve Affairs). committee meeting is being held under access procedures, contact Mrs. the provisions of the Federal Advisory 47. Mr. Davis S. Welch, Deputy Ghostlaw, the committee’s Designated Committee Act of 1972 (5 U.S.C., Director and Senior Advisor for Army Federal Officer, at the email address or Appendix, as amended), the telephone number listed in the FOR Budget, Office of the Assistant Secretary Government in the Sunshine Act of FURTHER INFORMATION CONTACT section. of the Army (Financial Management & 1976 (5 U.S.C. § 552b, as amended), and Written Comments or Statements: Comptroller). 41 CFR § 102–3.150. The USMA BoV Pursuant to 41 CFR § 102–3.105(j) and 48. MG Darell K. Williams, provides independent advice and 102–3.140 and section 10(a)(3) of the Commanding General, U.S. Army recommendations to the President of the Federal Advisory Committee Act, the Combined Arms Support Command, United States on matters related to public or interested organizations may U.S. Army Training and Doctrine morale, discipline, curriculum, submit written comments or statements Command. instruction, physical equipment, fiscal to the committee, in response to the 49. LTG Michael E. Williamson, affairs, academic methods, and any stated agenda of the open meeting or in Deputy Assistant Secretary of the Army other matters relating to the Academy regard to the committee’s mission in (Acquisition, Logistics and Technology), that the Board decides to consider. general. Written comments or Purpose of the Meeting: This is the statements should be submitted to Mrs. Office of the Assistant Secretary of the 2016 Fall Meeting of the USMA BoV. Ghostlaw, the committee Designated Army (Acquisition, Logistics and Members of the Board will be provided Federal Officer, via electronic mail, the Technology). updates on Academy issues. preferred mode of submission, at the 50. LTG Larry D. Wyche, Deputy Agenda: The Board Chair will discuss address listed in the FOR FURTHER Commanding General, U.S. Army the following topics: Introduction; INFORMATION CONTACT section. Each page Material Command. Board Business; Key Events; Highlights; of the comment or statement must Offsite Assessment/Strategic Action include the author’s name, title or Brenda S. Bowen, Plan; Class of 2021 Update; United affiliation, address, and daytime phone Army Federal Register Liaison Officer. States Corps of Cadets Updates: number. Written comments or [FR Doc. 2016–26929 Filed 11–7–16; 8:45 am] Branching Results and Integrated statements should be submitted to Mrs. BILLING CODE 5001–03–P Boxing; Dean of the Academic Board Ghostlaw, the committee Designated

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Federal Officer, via electronic mail, the DEPARTMENT OF DEFENSE applied earlier than the date of preferred mode of submission, at the publication in the Federal Register. address listed in the FOR FURTHER Office of the Secretary DATES: These Supplementary Materials INFORMATION CONTACT section. Written comments or statements being [Docket ID: DOD–2016–OS–0110] are effective as of November 8, 2016. submitted in response to the agenda set FOR FURTHER INFORMATION CONTACT: forth in this notice must be received by Manual for Courts-Martial; Publication Major Harlye S. Carlton, USMC, (703) the Designated Federal Official at least of Supplementary Materials 963–9299 or [email protected]. seven business days prior to the meeting AGENCY: Joint Service Committee on The JSC Web site is located at: http:// to be considered by the committee. The Military Justice (JSC), Department of jsc.defense.gov. Designated Federal Official will review Defense. all timely submitted written comments SUPPLEMENTARY INFORMATION: ACTION: Publication of Discussion and or statements with the committee Public Comments: The JSC solicited Chairperson and ensure the comments Analysis (Supplementary Materials) public comments for these changes to are provided to all members of the accompanying the Manual for Courts- the MCM via the Federal Register on committee before the meeting. Written Martial, United States (2012 ed.) (MCM). comments or statements received after October 23, 2012 (77 FR 64854–64887, SUMMARY: The JSC hereby publishes this date may not be provided to the Docket ID: DoD–2012–OS–0129), held a committee until its next meeting. Supplementary Materials accompanying public meeting on December 11, 2012, Pursuant to 41 CFR § 102–3.140d, the the MCM as amended by Executive and published the JSC response to committee is not obligated to allow a Orders 13643, 13669, 13696, 13730, and public comments via the Federal member of the public to speak or 13740. These changes have not been Register on March 5, 2013 (78 FR otherwise address the committee during coordinated within the Department of 14271–14272, Docket ID: DoD–2012– the meeting. However, the committee Defense under DoD Directive 5500.1, OS–0129). Designated Federal Official and ‘‘Preparation, Processing and Coordinating Legislation, Executive The amendments to the Discussion Chairperson may choose to invite and Analysis of the MCM are as follows: certain submitters to present their Orders, Proclamations, Views Letters and Testimony,’’ June 15, 2007, and do comments verbally during the open Annex portion of this meeting or at a future not constitute the official position of the meeting. The Designated Federal Department of Defense, the Military Section 1. Appendix 12 of the Manual Officer, in consultation with the Departments, or any other Government for Courts-Martial, United States, is committee Chairperson, may allot a agency. These Supplementary Materials amended as follows: have been approved by the JSC and the specific amount of time for submitters to (a) Article 120 is amended to read as present their comments verbally. General Counsel of the Department of Defense, and shall be applied in follows: Brenda S. Bowen, conjunction with the rule with which ‘‘120 Rape and sexual assault generally Army Federal Register Liaison Officer. they are associated. The Discussions are [FR Doc. 2016–26928 Filed 11–7–16; 8:45 am] effective insofar as the Rules they BILLING CODE 5001–03–P supplement are effective, but may not be

Offense Discharge Confinement Forfeiture

Rape ...... Mandatory DD 5 ...... Life 4 ...... Total. Sexual Assault ...... Mandatory DD 5 ...... 30 yrs ...... Total. Aggravated Sexual Contact ...... DD, BCD ...... 20 yrs ...... Total. Abusive Sexual Contact ...... DD, BCD ...... 7 yrs ...... Total.’’

(b) Article 120b is inserted to read as follows: ‘‘120b Rape and sexual assault of a child

Offense Discharge Confinement Forfeiture

Rape of a Child ...... Mandatory DD 5 ...... Life 4 ...... Total. Sexual Assault of a Child ...... Mandatory DD 5 ...... 30 yrs ...... Total. Sexual Abuse of a Child: Cases Involving Sexual Contact ...... DD, BCD ...... 20 yrs ...... Total. Other Cases ...... DD, BCD ...... 15 yrs ...... Total.’’

(c) Article 120c is inserted to read as ‘‘120c Other sexual misconduct follows:

Offense Discharge Confinement Forfeiture

Indecent Viewing ...... DD, BCD ...... 1 yr ...... Total. Indecent Recording ...... DD, BCD ...... 5 yrs ...... Total. Broadcasting or Distributing of an Indecent Recording ...... DD, BCD ...... 7 yrs ...... Total.

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Offense Discharge Confinement Forfeiture

Forcible Pandering ...... DD, BCD ...... 12 yrs ...... Total. Indecent Exposure ...... DD, BCD ...... 1 yr ...... Total.’’

(d) The following Note is inserted offenses committed after 28 June 2012. ‘‘125 Forcible sodomy; bestiality after Article 120c to read as follows: See Appendices 23, 27, and 28.]’’ ‘‘[Note: The Article 120, 120b, and (e) Article 125 is amended to read as 120c maximum punishments apply to follows:

Offense Discharge Confinement Forfeiture

Forcible sodomy ...... Mandatory DD 5 ...... Life 4 ...... Total. Bestiality ...... DD, BCD ...... 5 yrs ...... Total.’’

(f) Article 134 abusing public animal ‘‘134 Animal abuse is amended to read as follows:

Offense Discharge Confinement Forfeiture

Abuse, neglect, or abandonment of an animal ...... BCD ...... 1 yr ...... Total. Abuse, neglect, or abandonment of a public animal ...... BCD ...... 2yrs ...... Total. Sexual act with an animal or cases where the accused caused DD, BCD ...... 5 yrs ...... Total.’’ the serious injury or death of the animal.

(g) Article 134 Assault with intent to robbery, sodomy, arson, or burglary is commit voluntary manslaughter, amended to read as follows:

Offense Discharge Confinement Forfeiture

134 With intent to commit voluntary manslaughter, robbery, DD, BCD ...... 10 yrs ...... Total.’’ forcible sodomy, arson, or burglary.

(h) Article 134 Indecent conduct is inserted to read as follows:

Offense Discharge Confinement Forfeiture

134 Indecent conduct ...... DD, BCD ...... 5 yrs ...... Total.’’

(i) The Notes are amended by adding ‘‘APPENDIX 12A elements of the proposed lesser 5 4. note after note LESSER INCLUDED OFFENSES included offense should be compared ‘‘ 5. A dishonorable discharge can be with the elements of the greater offense reduced to a bad-conduct discharge by This chart was compiled for to determine if the elements of the lesser the convening authority in accordance convenience purposes only and is not offense are derivative of the greater the ultimate authority for specific lesser offense and vice versa. The ‘‘elements with a pretrial agreement.’’ included offenses. Lesser offenses are test’’ is the proper method for Section 2. Appendix 12A of the those which are necessarily included in determining lesser included offenses. Manual for Courts-Martial, United the offense charged. See Article 79. See Appendix 23. States, is inserted to read as follows: Depending on the factual circumstances Attempts to commit an offense may in each case, the offenses listed below constitute a lesser included offense and may be considered lesser included. The are not listed. See Article 80.

Article Offense Lesser included offense

77 ...... Principals ...... See Part IV, Para. 1. 78 ...... Accessory after the fact ...... See Part IV, Para. 2. 79 ...... Conviction of lesser included offenses ...... See Part IV, Para. 3. 80 ...... Attempts ...... See Part IV, Para. 4. 81 ...... Conspiracy ...... See Part IV, Para. 5. 82 ...... Solicitation. 83 ...... Fraudulent enlistment, appointment, or separation. 84 ...... Effecting unlawful enlistment, appointment, or separation. 85 ...... Desertion ...... Art. 86. 86 ...... Absence without leave.

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Article Offense Lesser included offense

87 ...... Missing movement. —Design ...... Art. 87 (neglect); Art. 86. —Neglect ...... Art. 86. 88 ...... Contempt toward officials. 89 ...... Disrespect toward a superior commissioned officer ...... Art. 117. 90 ...... Assaulting or willfully disobeying superior commissioned officer. —Striking superior commissioned officer in execution of office Art. 90 (drawing or lifting up a weapon or offering violence to superior commissioned officer); Art. 128 (simple assault; as- sault consummated by a battery; assault with a dangerous weapon; assault or assault consummated by a battery upon commissioned officer not in the execution of office). —Drawing or lifting up a weapon or offering violence to supe- Art. 128 (simple assault; assault with a dangerous weapon; as- rior commissioned officer in execution of office. sault upon a commissioned officer not in the execution of of- fice). —Willfully disobeying lawful order of superior commissioned Art. 92; Art. 89. officer. 91 ...... Insubordinate conduct toward warrant officer, noncommis- sioned officer, or petty officer. —Striking or assaulting warrant, noncommissioned, or petty of- Art. 128 (simple assault; assault consummated by a battery; ficer in the execution of office. assault with a dangerous weapon; assault upon warrant, noncommissioned, or petty officer not in the execution of of- fice). —Disobeying a warrant, noncommissioned, or petty officer ...... Art. 92. —Treating with contempt or being disrespectful in language or Art. 117. deportment toward warrant, noncommissioned, or petty offi- cer in the execution of office. 92 ...... Failure to obey order or regulation. 93 ...... Cruelty and maltreatment. 94 ...... Mutiny and sedition. —Mutiny by creating violence or disturbance ...... Art. 90; Art. 116; Art. 128 (simple assault). —Mutiny by refusing to obey orders or perform duties ...... Art. 90 (willful disobedience of commissioned officer); Art. 91 (willful disobedience of warrant, noncommissioned, or petty officer); Art. 92. —Sedition ...... Art. 116; Art. 128 (assault). 95 ...... Resistance, flight, breach of arrest, and escape. —Resisting apprehension ...... Art. 128 (simple assault; assault consummated by a battery). 96 ...... Releasing prisoner without proper authority. —Suffering a prisoner to escape through design ...... Art. 96 (neglect). 97 ...... Unlawful detention. 98 ...... Noncompliance with procedural rules. 99 ...... Misbehavior before the enemy. —Running away ...... Art. 85 (desertion with intent to avoid hazardous duty or impor- tant service); Art. 86 (absence without authority; going from appointed place of duty). —Endangering safety of a command, unit, place, ship, or mili- Art. 92. tary property. —Casting away arms or ammunition ...... Art. 108. —Cowardly conduct ...... Art. 85 (desertion with intent to avoid hazardous duty or impor- tant service); Art. 86; Art. 99 (running away). —Quitting place of duty to plunder or pillage ...... Art. 86 (going from appointed place of duty). 100 ...... Subordinate compelling surrender. 101 ...... Improper use of a countersign. 102 ...... Forcing a safeguard. 103 ...... Captured or abandoned property. 104 ...... Aiding the enemy. 105 ...... Misconduct as a prisoner. 106 ...... Spies. 106a ...... Espionage. 107 ...... False official statement. 108 ...... Military property of the United States—sale, loss, damage, de- struction, or wrongful disposition. —Willfully damaging military property ...... Art. 108 (damaging military property through neglect); Art. 109 (willfully damaging non-military property). —Willfully suffering military property to be damaged ...... Art. 108 (through neglect suffering military property to be dam- aged). —Willfully destroying military property ...... Art. 108 (through neglect destroying military property; willfully damaging military property; through neglect damaging mili- tary property); Art. 109 (willfully destroying non-military prop- erty; willfully damaging non-military property). —Willfully suffering military property to be destroyed ...... Art. 108 (through neglect suffering military property to be de- stroyed; willfully suffering military property to be damaged; through neglect suffering military property to be damaged). —Willfully losing military property ...... Art. 108 (through neglect losing military property). —Willfully suffering military property to be lost ...... Art. 108 (through neglect suffering military property to be lost).

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Article Offense Lesser included offense

—Willfully suffering military property to be sold ...... Art. 108 (through neglect suffering military property to be sold). —Willfully suffering military property to be wrongfully disposed Art. 108 (through neglect suffering military property to be of. wrongfully disposed of in the manner alleged). 109 ...... Property other than military property of the United States— waste, spoilage, or destruction. 110 ...... Improper hazarding of vessel. —Willfully and wrongfully hazarding a vessel ...... Art. 110 (negligently hazarding a vessel). —Willfully and wrongfully suffering a vessel to be hazarded ..... Art. 110 (negligently suffering a vessel to be hazarded). 111 ...... Drunken or reckless operation of vehicle, aircraft, or vessel. —Reckless, wanton, or impaired operation or physical control Art. 110. of a vessel. —Drunken operation of a vehicle, vessel, or aircraft while Art. 110; Art. 112. drunk or with a blood or breath alcohol concentration in vio- lation of the described per se standard. 112 ...... Drunk on Duty. 112a ...... Wrongful use, possession, etc., of controlled substances. —Wrongful use of controlled substance ...... Art. 112a (wrongful possession of controlled substance). —Wrongful manufacture of controlled substance ...... Art. 112a (wrongful possession of controlled substance). —Wrongful introduction of controlled substance ...... Art. 112a (wrongful possession of controlled substance). —Wrongful possession, manufacture, or introduction of a con- Art. 112a (wrongful possession, manufacture, or introduction of trolled substance with intent to distribute. controlled substance). 113 ...... Misbehavior of sentinel or lookout. —Drunk on post ...... Art. 112; Art. 92 (dereliction of duty). —Sleeping on post ...... Art. 92 (dereliction of duty). —Leaving post ...... Art. 92 (dereliction of duty); Art. 86 (going from appointed place of duty). 114 ...... Dueling. 115 ...... Malingering. 116 ...... Riot or breach of peace. —Riot ...... Art. 116 (breach of peace). 117 ...... Provoking speeches or gestures. 118 ...... Murder. —Premeditated murder and murder during certain offenses ..... Art. 118 (intent to kill or inflict great bodily harm; act inherently dangerous to another). —All murders under Article 118 ...... Art. 119 (involuntary manslaughter); Art. 128 (simple assault; assault consummated by a battery; aggravated assault). —Murder as defined in Article 118(1), (2), and (4) ...... Art. 119 (voluntary manslaughter). 119 ...... Manslaughter. —Voluntary manslaughter ...... Art. 119 (involuntary manslaughter); Art. 128 (simple assault; assault consummated by a battery; aggravated assault). —Involuntary manslaughter ...... Art. 128 (simple assault; assault consummated by a battery). 119a ...... Death or injury of an unborn child. —Killing an unborn child ...... Art. 119a (injuring an unborn child). —Intentionally killing an unborn child ...... Art. 119a (killing an unborn child; injuring an unborn child). 120 1 ...... Rape and sexual assault generally. —Rape. —By unlawful force ...... Art. 120(b)(1)(B); Art. 120(c); Art. 120(d); Art. 128 (simple as- sault; assault consummated by a battery). —By force causing or likely to cause death or grievous Art. 120(a)(1); Art. 120(b)(1)(B); Art. 120(c); Art. 120(d); Art. bodily harm to any person. 128 (simple assault; assault consummated by a battery; as- sault with a dangerous weapon or other means or force like- ly to produce death or grievous bodily harm; assault inten- tionally inflicting grievous bodily harm). —By threatening or placing that other person in fear that Art. 120(b)(1)(B); Art. 120(c); Art. 120(d). any person would be subjected to death, grievous bod- ily harm, or kidnapping. —By first rendering that other person unconscious ...... Art. 120(b)(2); Art. 120(c); Art. 120(d). —By administering to that person a drug, intoxicant, or Art. 120(c); Art. 128 (simple assault; assault consummated by other similar substance. a battery). —Sexual Assault. —By threatening or placing that other person in fear ...... Art. 120(d). —By causing bodily harm to that other person ...... Art. 120(d); Art. 128 (simple assault; assault consummated by a battery). —By making a fraudulent representation that the sexual Art. 120(d). act serves a professional purpose. —Inducing a belief by any artifice, pretense, or conceal- Art. 120(d). ment that the person is another person. —Upon another person when the person knows or rea- Art. 120(d). sonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring. —When the other person is incapable of consenting ...... Art. 120(d). —Aggravated sexual contact.

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Article Offense Lesser included offense

—By unlawful force ...... Art. 120(d); Art. 128 (simple assault; assault consummated by a battery). —By force causing or likely to cause death or grievous Art. 120(d); Art. 128 (simple assault; assault consummated by bodily harm to any person. a battery). —By threatening or placing that other person in fear that Art. 120(d). any person would be subjected to death, grievous bod- ily harm, or kidnapping. —By first rendering that person unconscious ...... Art. 120(d); Art. 128 (simple assault; assault consummated by a battery). —By administering to that person a drug, intoxicant, or Art. 120(d); Art. 128 (simple assault; assault consummated by other similar substance. a battery). —Abusive sexual contact ...... Art. 128 (simple assault; assault consummated by a battery). 120a ...... Stalking. 120b ...... Rape and sexual assault of a child. —Rape of a child. —Of a child who has not attained the age of 12 ...... Art. 120b(c); Art. 120c. —By force of a child who has attained the age of 12 ...... Art. 120b(b); Art. 120b(c); Art. 128 (assault consummated by a battery upon a child under 16 years). —By threatening or placing in fear a child who has at- Art. 120b(b); Art. 120b(c). tained the age of 12. —By rendering unconscious a child who has attained the Art. 120b(b); Art. 120b(c); Art. 128 (assault consummated by a age of 12. battery upon a child under 16 years). —By administering a drug, intoxicant, or other similar sub- Art. 120b(b); Art. 120b(c); Art. 128 (assault consummated by a stance to a child who has attained the age of 12. battery upon a child under 16 years). —Sexual assault of a child. —Sexual assault of a child who has not attained the age Art. 120b(c). of 12 involving contact between penis and vulva or anus or mouth. —Sexual assault of a child who has attained the age of Art. 120b(c). 12 involving penetration of vulva or anus or mouth by any part of the body or any object. 120c ...... Other sexual misconduct. 121 ...... Larceny and wrongful appropriation. —Larceny ...... Art. 121 (wrongful appropriation). —Larceny of military property ...... Art. 121 (wrongful appropriation; larceny of property other than military property). 122 ...... Robbery ...... Art. 121 (larceny; wrongful appropriation); Art. 128 (simple as- sault; assault consummated by a battery; assault with a dan- gerous weapon; assault intentionally inflicting grievous bodily harm) 123 ...... Forgery. 123a ...... Making, drawing, or uttering check, draft, or order without suffi- cient funds. 124 ...... Maiming ...... Art. 128 (simple assault; assault consummated by a battery; assault with a dangerous weapon; assault intentionally in- flicting grievous bodily harm) 125 ...... Forcible sodomy; bestiality. —Forcible sodomy ...... Art. 128 (simple assault; assault consummated by a battery). 126 ...... Arson. —Aggravated arson ...... Art. 126 (simple arson). 127 ...... Extortion. 128 ...... Assault. —Assault consummated by a battery ...... Art. 128 (simple assault). —Assault upon a commissioned, warrant, noncommissioned, Art. 128 (simple assault; assault consummated by a battery). or petty officer. —Assault upon a sentinel or lookout in the execution of duty ... Art. 128 (simple assault; assault consummated by a battery). —Assault consummated by a battery upon a child under 16 Art. 128 (simple assault; assault consummated by a battery). years. —Assault with a dangerous weapon or other means of force Art. 128 (simple assault; assault consummated by a battery; likely to produce death or grievous bodily harm. (when committed upon a child under the age of 16 years; assault consummated by a battery upon a child under the age of 16 years)). —Assault in which grievous bodily harm is intentionally in- Art. 128 (simple assault; assault consummated by a battery; flicted. assault with a dangerous weapon (when committed upon a child under the age of 16 years; assault consummated by a battery upon a child under the age of 16 years)). 129 ...... Burglary ...... Art. 130 (housebreaking). 130 ...... Housebreaking. 131 ...... Perjury. 132 ...... Frauds against the United States. 133 ...... Conduct unbecoming an officer and a gentleman. 134 ...... Animal abuse. 134 ...... Adultery.

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Article Offense Lesser included offense

134 ...... Assault—with intent to commit murder, voluntary man- slaughter, rape, robbery, forcible sodomy, arson, burglary, or housebreaking. —Assault with intent to murder ...... Art. 128 (simple assault; assault consummated by a battery; assault with a dangerous weapon; assault intentionally in- flicting grievous bodily harm); Art. 134 (assault with intent to commit voluntary manslaughter; willful or careless discharge of a firearm). —Assault with intent to commit voluntary manslaughter ...... Art. 128 (simple assault; assault consummated by a battery; assault with a dangerous weapon; assault intentionally in- flicting grievous bodily harm); Art. 134 (willful or careless discharge of a firearm). —Assault with intent to commit rape or forcible sodomy ...... Art. 128 (simple assault; assault consummated by a battery; assault with a dangerous weapon). —Assault with intent to commit burglary ...... Art. 128 (simple assault; assault consummated by a battery; assault with a dangerous weapon); Art. 134 (assault with in- tent to commit housebreaking). —Assault with intent to commit robbery, arson, or house- Art. 128 (simple assault; assault consummated by a battery; breaking. assault with a dangerous weapon). 134 ...... Bigamy. 134 ...... Bribery and graft. —Bribery ...... Art. 134 (graft). 134 ...... Burning with intent to defraud. 134 ...... Check, worthless, making and uttering—by dishonorably failing to maintain funds. 134 ...... Child endangerment. —Child endangerment by design ...... Art. 134 (child endangerment by culpable negligence). 134 ...... Child pornography. —Possessing child pornography with intent to distribute ...... Art. 134 (possessing child pornography). —Distributing child pornography ...... Art. 134 (possessing child pornography; possessing child por- nography with intent to distribute) —Producing child pornography ...... Art. 134 (possessing child pornography). 134 ...... Cohabitation, wrongful. 134 ...... Correctional custody—offenses against. 134 ...... Debt, dishonorably failing to pay. 134 ...... Disloyal statements. 134 ...... Disorderly conduct, drunkenness. 134 ...... Drinking liquor with prisoner. 134 ...... Drunk prisoner. 134 ...... Drunkenness—incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug. 134 ...... False or unauthorized pass offenses. —Wrongful use or possession of false or unauthorized military Art. 134 (same offenses, except without the intent to defraud or official pass, permit, discharge certificate, or identification or deceive). card, with the intent to defraud or deceive. 134 ...... False pretenses, obtaining services under. 134 ...... False swearing. 134 ...... Firearm, discharging—through negligence. 134 ...... Firearm, discharging—willfully, under such circumstances as to Art. 134 (firearm, discharging—through negligence). endanger human life. 134 ...... Fleeing scene of accident. 134 ...... Fraternization. 134 ...... Gambling with a subordinate. 134 ...... Homicide, negligent. 134 ...... Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official. 134 ...... Indecent conduct. 134 ...... Indecent language ...... Art. 117 (provoking speeches). 134 ...... Jumping from vessel into the water. 134 ...... Kidnapping. 134 ...... Mail: Taking, opening, secreting, destroying, or stealing ...... Art. 121. 134 ...... Mails: Depositing or causing to be deposited obscene matters in. 134 ...... Misprision of serious offense. 134 ...... Obstructing justice. 134 ...... Wrongful interference with an adverse administrative pro- ceeding. 134 ...... Pandering and prostitution. 134 ...... Parole, violation of. 134 ...... Perjury: Subornation of. 134 ...... Public record: Altering, concealing, removing, mutilating, oblit- erating, or destroying. 134 ...... Quarantine: Medical, breaking ...... Art. 134 (breaking restriction).

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Article Offense Lesser included offense

134 ...... Reckless endangerment. 134 ...... Restriction, breaking. 134 ...... Seizure: Destruction, removal, or disposal of property to pre- vent. 134 ...... Self-injury without intent to avoid service. 134 ...... Sentinel or lookout: Offenses against or by. 134 ...... Soliciting another to commit an offense. 134 ...... Stolen property: Knowingly receiving, buying, concealing. 134 ...... Straggling. 134 ...... Testify: Wrongful refusal. 134 ...... Threat or hoax designed or intended to cause panic or public fear. —Threat ...... Art. 134 (communicating a threat); Art. 128 (assault). 134 ...... Threat, communicating. 134 ...... Unlawful entry. 134 ...... Weapon: Concealed, carrying. 134 ...... Wearing unauthorized insignia, decoration, badge, ribbon, de- vice or lapel button’’. 1 This chart only includes the 2012 version of Art. 120. See Appendix 27 and 28 for prior versions.

Section 3. The Discussion to Part I of Martial, United States, by a particular ‘‘(i) Elements. The elements of the the Manual for Courts-Martial, United year. Historically the Manual had been offense must be alleged, either expressly States, is amended as follows: published in its entirety sporadically or by necessary implication, except that (a) The Discussion immediately (e.g., 1917, 1921, 1928, 1949, 1951, Article 134 specifications must following paragraph 4 is amended to 1969, and 1984) with amendments to it expressly allege the terminal element. read as follows: published piecemeal. It was therefore See paragraph 60.c.(6) in Part IV. If a ‘‘The Department of Defense, in logical to identify the Manual by the specific intent, knowledge, or state of conjunction with the Department of calendar year of publication, with mind is an element of the offense, it Homeland Security, has published periodic amendments identified as must be alleged.’’ supplementary materials to accompany ‘‘Changes’’ to the Manual. Beginning in (e) Part (G)(v) in the Discussion the Manual for Courts-Martial. These 1995, however, a new edition of the immediately following R.C.M. 307(c)(3) materials consist of a Discussion Manual was published in its entirety is inserted to read as follows: (accompanying the Preamble, the Rules and a new naming convention was ‘‘(v) Lesser Included Offenses. The for Courts-Martial, the Military Rules of adopted. See Exec. Order No. 12960 of elements of the contemplated lesser Evidence, and the Punitive Articles), an May 12, 1995. Beginning in 1995, the included offense should be compared Analysis, and various appendices. Manual was to be referred to as ‘‘Manual with the elements of the greater offense These supplementary materials do not for Courts-Martial, United States (19xx to determine if the elements of the lesser constitute the official views of the edition).’’ In 2013, the Preamble was offense are derivative of the greater Department of Defense, the Department amended to identify new Manuals based offense and vice versa. See discussion of Homeland Security, the Department on their publication date. following paragraph 3.b.(1)(c) in Part IV of Justice, the military departments, the Amendments made to the Manual can and the related analysis in Appendix United States Court of Appeals for the be researched in the relevant Executive 23.’’ Armed Forces, or any other authority of Order as referenced in Appendix 25. (f) The note immediately following the Government of the United States, Although the Executive Orders were R.C.M. 307(c)(4) is deleted and and they do not constitute rules. Cf., removed from Appendix 25 of the Discussion is inserted to read as follows: e.g., 5 U.S.C. 551(4). The supplementary Manual in 2012 to reduce printing ‘‘The prohibition against materials do not create rights or requirements, they can be accessed unreasonable multiplication of charges responsibilities that are binding on any online. See Appendix 25. addresses those features of military law person, party, or other entity (including Section 4. The Discussion to Part II of that increase the potential for any authority of the Government of the the Manual for Courts-Martial, United overreaching in the exercise of United States whether or not included States, is amended as follows: prosecutorial discretion. It is based on in the definition of ‘‘agency’’ in 5 U.S.C. (a) The Discussion immediately reasonableness, and has no foundation 551(1)). Failure to comply with matter following R.C.M. 307(c)(3) is amended in Constitutional rights. To determine if set forth in the supplementary materials by deleting the first two Notes. charges are unreasonably multiplied, does not, of itself, constitute error, (b) The Discussion immediately see R.C.M. 906(b)(12). Because although these materials may refer to following R.C.M. 307(c)(3) is amended prosecutors are free to charge in the requirements in the rules set forth in the by inserting the words ‘‘For Article 134 alternative, it may be reasonable to Executive Order or established by other offenses, also refer to paragraph 60c(6) charge two or more offenses that arise legal authorities (for example, binding in Part IV.’’ after the words ‘‘How to from one transaction if sufficient doubt judicial precedents applicable to courts- draft specifications.’’ exists as to the facts or the law. In no martial) that are based on sources of (c) The Discussion immediately case should both an offense and a lesser authority independent of the following R.C.M. 307(c)(3) is amended included offense thereof be separately supplementary materials. See Appendix by deleting the Note directly following charged. See also Part IV, paragraph 3, 21 in this Manual. the words ‘‘(G) Description of offense.’’ and R.C.M. 601(e)(2) concerning referral The 1995 amendment to paragraph 4 (d) Part (G)(i) in the Discussion of several offenses.’’ of the Preamble eliminated the practice immediately following R.C.M. 307(c)(3) (g) The Discussion immediately of identifying the Manual for Courts- is amended to read as follows: following R.C.M. 701(e) is amended by

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adding the following after ‘‘retribution having been duly subpoenaed, may be ‘‘Multiplicity is a legal concept, for such testimony’’: prosecuted in Federal civilian court arising from the Double Jeopardy Clause ‘‘Counsel must remain cognizant of under Article 47 for neglect or refusal to of the Fifth Amendment, which professional responsibility rules appear or refusal to qualify as a witness provides that no person shall be put in regarding communicating with or to testify or to produce evidence.’’ jeopardy twice for the same offense. represented persons.’’ (i) The Discussion immediately Absent legislative intent to the contrary, (h) The Discussion immediately following R.C.M. 906(b)(5) is amended an accused cannot be convicted and following R.C.M. 809(a) is amended to to read as follows: punished for violations of two or more read as follows: ‘‘Each specification may state only statutes if those violations arise from a ‘‘Article 48 makes punishable one offense. R.C.M. 307(c)(4). A single act. Where Congress intended to ‘‘direct’’ contempt, as well as ‘‘indirect’’ duplicitous specification is one which impose multiple punishments for the or ‘‘constructive’’ contempt. ‘‘Direct’’ alleges two or more separate offenses. same act, imposition of such sentence contempt is that which is committed in Lesser included offenses (see paragraph does not violate the Constitution. the presence of the court-martial or its 3, Part IV) are not separate, nor is a Multiplicity differs from unreasonable immediate proximity. ‘‘Presence’’ continuing offense involving separate multiplication of charges. If two includes those places outside the acts. The sole remedy for a duplicitous offenses are not multiplicious, they courtroom itself, such as waiting areas, specification is severance of the nonetheless may constitute an deliberation rooms, and other places set specification into two or more unreasonable multiplication of charges aside for the use of the court-martial specifications, each of which alleges a as applied to findings or sentence. See while it is in session. ‘‘Indirect’’ or separate offense contained in the R.C.M. 906(b)(12). Unreasonable ‘‘constructive’’ contempt is non- duplicitous specification. However, if multiplication of charges is a limitation compliance with lawful writs, the duplicitousness is combined with or on the military’s discretion to charge processes, orders, rules, decrees, or results in other defects, such as separate offenses. It does not have a commands of the court-martial. A misleading the accused, other remedies foundation in the Constitution; it is ‘‘direct’’ or ‘‘indirect’’ contempt may be may be appropriate. See subsection based on reasonableness and the actually seen or heard by the court- (b)(3) of this rule. See also R.C.M. prohibition against prosecutorial martial, in which case it may be 907(b)(3).’’ overreaching. The military judge is to punished summarily. See subsection (j) The Discussion immediately determine, in his or her discretion, (b)(1) of this Rule. A ‘‘direct’’ or following R.C.M. 906(b)(12) is amended ‘‘indirect’’ contempt may also be a to read as follows: whether the charges constitute contempt not actually observed by the ‘‘Unreasonable multiplication of unreasonable multiplication of charges court-martial, for example, when an charges as applied to findings and as applied to findings or sentencing. See unseen person makes loud noises, sentence is a limitation on the military’s R.C.M. 906(b)(12). whether inside or outside the discretion to charge separate offenses To determine if two charges are courtroom, which impede the orderly and does not have a foundation in the multiplicious, the practitioner should progress of the proceedings. In such a Constitution. The concept is based on first determine whether they are based case the procedures for punishing reasonableness and the prohibition on separate acts. If so, the charges are contempt are more extensive. See against prosecutorial overreaching. In not multiplicious because separate acts subsection (b)(2) of this Rule. contrast, multiplicity is grounded in the may be charged and punished The words ‘‘any person,’’ as used in Double Jeopardy Clause of the Fifth separately. If the charges are based upon Article 48, include all persons, whether Amendment. It prevents an accused a single act, the practitioner should next or not subject to military law, except the from being twice punished for one determine if Congress intended to military judge and foreign nationals offense if it is contrary to the intent of impose multiple convictions and outside the territorial limits of the Congress. See R.C.M. 907(b)(3). punishments for the same act. When United States who are not subject to the Therefore, a motion for relief from there is no overt expression of code. The military judge may order the unreasonable multiplication of charges congressional intent in the relevant offender removed whether or not as applied to findings and sentence statutes, such intent may be inferred contempt proceedings are held. It may differs from a motion to dismiss on the based on the elements of the charged be appropriate to warn a person whose grounds of multiplicity. statutes and their relationship to each conduct is improper that persistence in The following non-exhaustive factors other or other principles of statutory a course of behavior may result in should be considered when determining interpretation. If each statute contains removal or punishment for contempt. whether two or more offenses are an element not contained in the other, See R.C.M. 804, 806. unreasonably multiplied: whether the it may be inferred that Congress Each finding of contempt may be specifications are aimed at distinctly intended they be charged and punished separately punished. separate criminal acts; whether they separately. Likewise, if each statute A person subject to the code who represent or exaggerate the accused’s contains the same elements, it may be commits contempt may be tried by criminality; whether they unreasonably inferred that Congress did not intend court-martial or otherwise disciplined increase his or her exposure to they be charged and punished under Article 134 for such misconduct punishment; and whether they suggest separately. A lesser included offense in addition to or instead of punishment prosecutorial abuse of discretion in will always be multiplicious if charged for contempt. See paragraph 108, Part drafting of the specifications. Because separately, but offenses do not have to IV; see also Article 98. The 2011 prosecutors are permitted to charge in be lesser included to be multiplicious. amendment of Article 48 expanded the the alternative based on exigencies of Ordinarily, a specification should not contempt power of military courts to proof, a ruling on this motion ordinarily be dismissed for multiplicity before enable them to enforce orders, such as should be deferred until after findings trial. The less serious of any discovery orders or protective orders are entered.’’ multiplicious specifications shall be regarding evidence, against military or (k) The Discussion immediately dismissed after findings have been civilian attorneys. Persons not subject to following R.C.M. 907(b)(3) is amended reached. Due consideration must be military jurisdiction under Article 2, to read as follows: given, however, to possible post-trial or

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appellate action with regard to the punishable by the court-martial. amended in 2016 to comport with the remaining specification.’’ Changing the date or place of the offense elements test; however, practitioners (l) The Discussion immediately may, but does not necessarily, change must analyze each lesser included following R.C.M. 910(a)(1) is amended the nature or identity of an offense. offense on a case-by-case basis. See to read as follows: If A and B are joint accused and A is Appendix 23 of this Manual, Article ‘‘See paragraph 3, Part IV, concerning convicted but B is acquitted of an 79.’’ lesser included offenses. When the plea offense charged, A should be found (c) The following Discussion is added is to a lesser included offense without guilty by excepting the name of B from immediately after paragraph 60.b: the use of exceptions and substitutions, the specification as well as any other ‘‘The terminal element is merely the the defense counsel should provide a words indicating the offense was a joint expression of one of the clauses under written revised specification to be one. Article 134. See paragraph c below for included in the record as an appellate Lesser Included Offenses. If the an explanation of the clauses and rules exhibit. evidence fails to prove the offense for drafting specifications. More than A plea of guilty to a lesser included charged but does prove an offense one clause may be alleged and proven; offense does not bar the prosecution necessarily included in the offense however, proof of only one clause will from proceeding on the offense as charged, the fact finder may find the satisfy the terminal element. For clause charged. See also subsection (g) of this accused not guilty of the offense 3 offenses, the military judge may rule. charged but guilty of the lesser included judicially notice whether an offense is A plea of guilty does not prevent the offense. See paragraph 3 of Part IV capital. See Mil. R. Evid. 202.’’ introduction of evidence, either in concerning lesser included offenses. (d) The following Discussion is added support of the factual basis for the plea, Offenses arising from the same act or immediately after paragraph 60.c.(6)(a): or, after findings are entered, in transaction. The accused may be found ‘‘Clauses 1 and 2 are theories of aggravation. See R.C.M. 1001(b)(4).’’ guilty of two or more offenses arising liability that must be expressly alleged (m) The Discussion immediately from the same act or transaction, in a specification so that the accused following R.C.M. 916(j)(2) is amended to whether or not the offenses are will be given notice as to which clause read as follows: separately punishable. But see R.C.M. or clauses to defend against. The words ‘‘Examples of ignorance or mistake 906(b)(12); 907(b)(3)(B); 1003(c)(1)(C).’’ which need only exist in fact include: ‘‘to the prejudice of good order and (o) The note immediately following discipline in the armed forces’’ ignorance of the fact that the person R.C.M. 1003(c)(1)(C) is deleted, and the assaulted was an officer; belief that encompass both paragraph c.(2)(a), following is added immediately prejudice to good order and discipline, property allegedly stolen belonged to following the last paragraph of the the accused; belief that a controlled and paragraph c.(2)(b), breach of custom Discussion: of the Service. A generic sample substance was really sugar. ‘‘Multiplicity is addressed in R.C.M. specification is provided below: Examples of ignorance or mistake 907(b)(3)(B). Unreasonable ‘‘In that llll, (personal which must be reasonable as well as multiplication of charges is addressed in jurisdiction data), did (at/on board actual include: belief that the accused R.C.M. 906(b)(12).’’ ll ll charged with unauthorized absence had Section 5. The Discussion to Part IV location), on or about 20 , permission to go; belief that the accused of the Manual for Courts-Martial, United (commit elements of Article 134 clause had a medical ‘‘profile’’ excusing States, is amended as follows: 1 or 2 offense), and that said conduct shaving as otherwise required by (a) The Discussion immediately (was to the prejudice of good order and regulation. Some offenses require following paragraph 3.b.(1)(c) is discipline in the armed forces) (and) special standards of conduct (see, for amended to read as follows: (was of a nature to bring discredit upon example, paragraph 68, Part IV, ‘‘The ‘‘elements test’’ is the proper the armed forces).’’ Dishonorable failure to maintain method for determining lesser included If clauses 1 and 2 are alleged together sufficient funds); the element of offenses. See United States v. Jones, 68 in the terminal element, the word ‘‘and’’ reasonableness must be applied in M.J. 465 (C.A.A.F. 2010); Schmuck v. should be used to separate them. Any accordance with the standards imposed United States, 489 U.S. 705 (1989); clause not proven beyond a reasonable by such offenses. Appendix 23 of this Manual, Art. 79. doubt should be excepted from the Examples of offenses in which the Paragraph 3.b.(1) was amended to specification at findings. See R.C.M. accused’s intent or knowledge is comport with the elements test, which 918(a)(1). See also Appendix 23 of this immaterial include: Any rape of a child, requires that the elements of the lesser Manual, Art. 79. Although using the or any sexual assault or sexual abuse of offense must be a subset of the elements conjunctive ‘‘and’’ to connect the two a child when the child is under 12 years of the charged offense. The elements test theories of liability is recommended, a old. However, such ignorance or does not require identical statutory specification connecting the two mistake may be relevant in extenuation language, and use of normal principles theories with the disjunctive ‘‘or’’ is and mitigation. of statutory interpretation is permitted. sufficient to provide the accused See subsection (l)(1) of this rule The elements test is necessary to reasonable notice of the charge against concerning ignorance or mistake of safeguard the due process requirement him. See Appendix 23 of this Manual, law.’’ of notice to a criminal defendant.’’ Art. 134.’’ (n) The Discussion immediately (b) The following Discussion is added (e) The following replaces the following R.C.M. 918(a)(1) is amended immediately after paragraph 3.b.(5): paragraph below ‘‘Discussion’’ to read as follows: ‘‘Practitioners must consider lesser following paragraph 60.c.(6)(b): ‘‘Exceptions and Substitutions. One or included offenses on a case-by-case ‘‘The words ‘‘an offense not capital’’ more words or figures may be excepted basis. See United States v. Jones, 68 M.J. are sufficient to provide notice to the from a specification and, when 465 (C.A.A.F. 2010); United States v. accused that a clause 3 offense has been necessary, others substituted, if the Alston, 69 M.J. 214 (C.A.A.F. 2010); charged and are meant to include all remaining language of the specification, discussion following paragraph crimes and offenses not capital. A with or without substitutions, states an 3.b.(1)(c) above. The lesser included generic sample specification for clause 3 offense by the accused which is offenses listed in Appendix 12A were offenses is provided below:

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‘‘In that llll, (personal ‘‘2016 Amendment: This National Defense Authorization Act for jurisdiction data), did (at/on board subparagraph was amended and reflects Fiscal Year 2015, P.L. 113–291, 19 location), on or about ll 20ll, the removal of a note.’’ December 2014.’’ (commit: address each element), an (f) R.C.M. 307(c)(3)(G)(v), insert the (i) R.C.M. 906(b)(12), delete the offense not capital, in violation of (name following language: paragraph beginning with the words the or citation of statute).’’ ‘‘2016 Amendment: Subparagraph (v) ‘‘2012 Amendment,’’ and insert in its In addition to alleging each element of was added to address lesser included place: the federal statute, practitioners should offenses and refer practitioners to ‘‘2016 Amendment: This rule and consider including, when appropriate Article 79 and new Appendix 12A. See related discussion is the focal point for and necessary, words of criminality paragraph 3 in Part IV and Appendix addressing unreasonable multiplication (e.g., wrongfully, knowingly, or 12A.’’ of charges. If a practitioner seeks to raise willfully).’’ (g) R.C.M. 307(c)(4), after the a claim for multiplicity, that concept is Section 6. Appendix 21 of the Manual paragraph beginning with the words addressed in R.C.M. 907(b)(3)(B) and for Courts-Martial, United States, is ‘‘2005 Amendment’’ delete the related discussion. This rule has been amended as follows: paragraph beginning with the words the amended. The Court of Appeals for the (a) R.C.M. 306, the last paragraph ‘‘2012 Amendment,’’ and insert in its Armed Forces has recognized that beginning with ‘‘2016 Amendment,’’ is place: practitioners and the courts have amended to read as follows: ‘‘2016 Amendment: The discussion routinely confused the concepts of ‘‘2016 Amendment: R.C.M. 306(e) section was added to R.C.M. 307(c)(4) to multiplicity and unreasonable implements Section 534(b) of the clarify the ambiguity between the two multiplication of charges. See, e.g., National Defense Authorization Act for distinct concepts of multiplicity and United States v. Campbell, 71 M.J. 19, Fiscal Year 2015, P.L. 113–291, 19 unreasonable multiplication of charges. 23 (C.A.A.F. 2012) (‘‘the terms December 2014.’’ For analysis related to multiplicity, see multiplicity, multiplicity for sentencing, (b) R.C.M. 307(c)(3), after the R.C.M. 907(b)(3)(B) in this Appendix. and unreasonable multiplication of paragraph beginning with the words, For analysis related to unreasonable charges in military practice are ‘‘2012 Amendment,’’ and prior to the multiplication of charges, see R.C.M. sometimes used interchangeably as well line beginning with the words, ‘‘The 906(b)(12) in this Appendix. as with uncertain definition’’); United sources of the lettered subsection’’ add Nothing in the rule or the discussion States v. Baker, 14 M.J. 361, 372 (C.M.A. the following: section should be construed to imply 1983) (Cook, J. dissenting) (‘‘[t]hat ‘‘2016 Amendment: The two notes that it would be overreaching for a multiplicity for sentencing is a mess in added in 2012 are removed. The notes prosecutor to bring several charges the military justice system is a were originally added to address the against an accused for what essentially proposition with which I believe few requirement to expressly state the amounts to one transaction if there is a people familiar with our system would terminal element in specifications under valid legal reason to do so. For example, take issue’’). Article 134 and to address lesser prosecutors may charge two offenses for Multiplicity and unreasonable included offenses. See United States v. exigencies of proof, which is a long multiplication of charges are two Ballan, 71 M.J. 28 (C.A.A.F. 2012); accepted practice in military law. See, distinct concepts. Unreasonable United States v. Fosler, 70 M.J. 225 e.g., United States v. Morton, 69 M.J. 12 multiplication of charges as applied to (C.A.A.F. 2011); United States v. Jones, (C.A.A.F. 2010). The discussion section findings and sentence is a limitation on 68 M.J. 465 (C.A.A.F. 2010). In 2016, the emphasizes that a prosecutor is not the prosecution’s discretion to charge Manual was amended to require the overreaching or abusing his or her separate offenses. Unreasonable terminal element be expressed in Article discretion merely because he or she multiplication of charges does not have 134 specifications and to alter the charges what is essentially one act a foundation in the Constitution but is definition of lesser included offenses under several different charges or instead based on the concept of under Article 79. See paragraphs 3 and specifications. reasonableness and is a prohibition 60.c.(6) in Part IV of this Manual.’’ The language in the discussion against prosecutorial overreaching. In (c) R.C.M. 307(c)(3)(A), after the section of the 2012 edition of the contrast, multiplicity is based on the paragraph beginning with the words Manual referring to United States v. Double Jeopardy Clause of the Fifth ‘‘Sample specifications’’ delete the Campbell, 71 M.J. 19 (C.A.A.F. 2012), Amendment and prevents an accused paragraph beginning with the words the was removed because it is no longer from being twice punished for one ‘‘2012 Amendment.’’ necessary, as the rules themselves have offense if it is contrary to the intent of (d) R.C.M. 307(c)(3)(G), after the been edited to remove any reference to Congress. A charge may be found not to paragraph beginning with the words ‘‘multiplicious for sentencing.’’ The be multiplicious but at the same time it ‘‘Description of offense.’’ delete the example was removed from the may be dismissed because of paragraph beginning with the words the discussion section because it overly unreasonable multiplication. See United ‘‘2012 Amendment,’’ and insert in its generalized the concept of unreasonable States v. Quiroz, 55 M.J. 334, 337–38 place: multiplication of charges.’’ (C.A.A.F. 2001). ‘‘2016 Amendment: The note added (h) R.C.M. 701(e), after the paragraph Use of the term ‘‘multiplicity (or in 2012 is removed. The note was beginning with the words, ‘‘1986 multiplicious) for sentencing’’ is originally added to address the Amendment,’’ and immediately before inappropriate. If a charge is requirement to expressly state the subparagraph (f), insert the following multiplicious, meaning that it violates terminal element in Article 134 language: the Constitutional prohibition against specifications. See United States v. ‘‘2016 Amendment: This rule Double Jeopardy, it necessarily results Ballan, 71 M.J. 28 (C.A.A.F. 2012); implements Article 46(b), enacted by in dismissal of the multiplied offenses, United States v. Fosler, 70 M.J. 225 section 1704 of the National Defense therefore obviating any issue on (C.A.A.F. 2011).’’ Authorization Act for Fiscal Year 2014, sentencing with respect to that charge. (e) R.C.M. 307(c)(3)(G)(i), insert the P.L. 113–66, 26 December 2013, as Campbell, 71 M.J. at 23. A charge following language as a new paragraph amended by section 531(b) of the Carl should not be found multiplicious for after the existing paragraph: Levin and Howard P. ‘‘Buck’’ McKeon sentencing but not for findings. Thus,

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the more appropriate term for the Therefore, it is more appropriate to ‘‘single impulse’’ or ‘‘fairly embraced’’ military judge’s discretionary review of address the issue here. tests is outdated and should be avoided. the charges at sentencing is For more information on multiplicity Two offenses that arise from the same ‘‘unreasonable multiplication of charges and how it relates to unreasonable transaction may not be multiplicious, as applied to sentence.’’ Id. at 24. The multiplication of charges, see Michael J. even if each does not require proof of an rule was changed to remove Breslin & LeEllen Coacher, Multiplicity element not required to prove the other, ‘‘multiplicity for sentencing’’ from the and Unreasonable Multiplication of if the intent of Congress was that an Manual, eliminating confusion and Charges: A Guide to the Perplexed, 45 accused could be convicted of and misuse. A.F. L. Rev. 99 (1998); Christopher S. punished for both offenses arising out of Subparagraphs (i) and (ii) were added Morgan, Multiplicity: Reconciling the the same act. The Blockburger/Teters to the rule. They clarify the distinction Manual for Courts-Martial, 63 A.F. L. analysis applies only when Congress between unreasonable multiplication of Rev. 23 (2009); Gary E. Felicetti, did not intend that the offenses be charges as applied to findings and to Surviving the Multiplicty/LIO Family treated as separate. If Congress intended sentence. Although these concepts have Vortex, Army Law., Feb. 2011, at 46. to subject an accused to multiple existed for years (see Michael J. Breslin The language in the discussion punishments for the same transaction, & LeEllen Coacher, Multiplicity and section of the 2012 edition of the and that intent is clear, the Blockburger/ Unreasonable Multiplication of Charges: Manual referring to the Campbell Teters elements comparison is A Guide to the Perplexed, 45 A.F. L. decision was removed because it is no unnecessary. See, e.g., Missouri v. Rev. 99 (1998) for a history of the longer necessary, as the rules Hunter, 459 U.S. 359, 368–69 (1983) terms), they were not defined in themselves have been edited to remove (‘‘[S]imply because two criminal previous editions of the Manual. The any reference to ‘‘multiplicious for statutes may be construed to proscribe definitions were adopted from Quiroz, sentencing’’ and additional discussion the same conduct under the Blockburger Campbell, and recommendations from sections were added to eliminate any test does not mean that the Double Christopher S. Morgan, Multiplicity: confusion with the terms.’’ Jeopardy Clause precludes the (j) R.C.M. 907(b)(3)(B), insert the Reconciling the Manual for Courts- imposition, in a single trial, of following language as a new paragraph Martial, 63 A.F. L. Rev. 23 (2009). It is cumulative punishments pursuant to after the existing paragraph: possible that two offenses are not those statutes.... Where . . . a unreasonably multiplied for findings ‘‘2016 Amendment: This rule and related discussion is the focal point for legislature specifically authorizes but are so for sentencing; these cumulative punishment under two additions explain how this can be so. addressing claims of multiplicity. If a practitioner seeks to raise a claim for statutes, regardless of whether those two See, e.g., Campbell, 71 M.J. at 25 statutes proscribe the ‘same’ conduct (military judge did not abuse his unreasonable multiplication of charges, that concept is addressed in R.C.M. under Blockburger, a court’s task of discretion by finding that there was not statutory construction is at an end and an unreasonable multiplication of 906(b)(12) and related discussion. The heading of this rule, which was added the prosecutor may seek and the trial charges as applied to findings but that court or jury may impose cumulative there was an unreasonable in 2016, signifies that this rule deals punishment under such statutes in a multiplication of charges as applied to exclusively with multiplicity, and not single trial.’’). sentence). unreasonable multiplication of charges. The discussion sections were added The discussion section of this rule was The language in the discussion to address concerns that CAAF voiced amended because the committee section of the 2012 edition of the in dicta in Campbell. In previous believed that a more thorough definition Manual referring to the Campbell editions of the Manual, military judges of multiplicity was appropriate in light decision was removed because it is no often used the discussion section in of CAAF’s suggestion in United States v. longer necessary, as the Rules R.C.M. 1003(c)(1) to determine when Campbell, 71 M.J. 19, 23 (C.A.A.F. themselves have been edited to remove relief was warranted for unreasonable 2012), that the concepts of multiplicity any reference to ‘‘multiplicious for multiplication of charges as applied to and unreasonable multiplication of sentencing’’ and additional discussion sentence. The Campbell court stated in charges are often confounded. sections were added to eliminate any a footnote: ‘‘It is our view that after The discussion of multiplicity is confusion with the terms.’’ Quiroz, the language in the Discussion derived from the Supreme Court’s (k) R.C.M. 916(b), insert the following to R.C.M. 1003(c)(1)(C) regarding ‘a holding in Blockburger v. United States, language immediately following the single impulse or intent,’ is dated and 284 U.S. 299 (1932), and CMA’s holding paragraph beginning with the words too restrictive. The better approach is to in United States v. Teters, 37 M.J. 370 ‘‘2007 Amendment’’: allow the military judge, in his or her (C.M.A. 1993). The Court in Blockburger ‘‘2016 Amendment: Changes to this discretion, to merge the offense for wrote: ‘‘[W]here the same act or paragraph are based on section 541 of sentencing purposes by considering the transaction constitutes a violation of the National Defense Authorization Act Quiroz factors and any other relevant two distinct statutory provisions, the for Fiscal Year 2012, P.L. 112–81, 31 factor. . . .’’ Campbell, 71 M.J. at 24 test to be applied to determine whether December 2011, which superseded the n.9. The Discussion was changed to there are two offenses or only one, is previous paragraph 45, ‘‘Rape, sexual address the Quiroz factors and remove whether each provision requires proof assault and other sexual misconduct,’’ any reference to the ‘‘single impulse or of a fact which the other does not.’’ in its entirety and replaces paragraph 45 intent’’ test, as suggested by CAAF. The Blockburger, 284 U.S. at 304. Military with ‘‘Rape and sexual assault committee also decided to move the courts departed from the Blockburger generally.’’ In addition, the National Discussion section from R.C.M. analysis; however, the CMA’s decision Defense Authorization Act for Fiscal 1003(b)(8)(C) to this rule because R.C.M. in Teters clearly re-aligned the military Year 2012 added paragraph 45b, ‘‘Rape 1003 deals exclusively with sentencing courts with the federal courts, and and sexual assault of a child,’’ and and a motion for appropriate relief due multiplicity is now determined in the paragraph 45c, ‘‘Other sexual to unreasonable multiplication of military courts by the Blockburger/ misconduct.’’ charges can be raised as an issue for Teters analysis outlined in the (l) R.C.M. 916(j), insert the following findings or for sentence under this Rule. discussion section. Any reference to the language immediately following the

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paragraph beginning with the words multiplication of charges. As the two Year 2012 added paragraph 45b, ‘‘Rape ‘‘2007 Amendment’’: concepts are distinct, it is important to and sexual assault of a child,’’ and ‘‘2016 Amendment: Changes to this address them in separate subsections. paragraph 45c, ‘‘Other sexual paragraph are based on section 541 of See R.C.M. 906(b)(12) for claims of misconduct.’’ ’’ the National Defense Authorization Act unreasonable multiplication of charges Section 7. Appendix 23 of the Manual for Fiscal Year 2012, P.L. 112–81, 31 and R.C.M. 907(b)(3)(B) for claims of for Courts-Martial, United States, is December 2011, which superseded the multiplicity. amended as follows: previous paragraph 45, ‘‘Rape, sexual Additionally, the committee decided (a) Paragraph 3.b.(4), Article 79, assault and other sexual misconduct,’’ to move the discussion of the factors in Lesser included offenses, Specific lesser in its entirety and replaces paragraph 45 United States v. Quiroz, 55 M.J. 334 included offenses, is amended by with ‘‘Rape and sexual assault (C.A.A.F. 2001), from this rule to R.C.M. deleting the paragraphs beginning with generally.’’ In addition, the National 906(b)(12) because the factors apply to the words ‘‘2012 Amendment’’ and Defense Authorization Act for Fiscal unreasonable multiplication of charges ending with ‘‘(C.A.A.F. 2008).’’ and Year 2012 added paragraph 45b, ‘‘Rape as applied to findings as well as inserting in their place: and sexual assault of a child,’’ and sentence. Because this Rule refers only ‘‘2016 Amendment: See analysis in paragraph 45c, ‘‘Other sexual to sentencing, it is more appropriate to paragraph 3.b.(1) above. Lesser included misconduct.’’ address the military judge’s offenses (LIO) listings were removed Paragraph (j)(3) was deleted. The rule determination of unreasonable from each punitive article in paragraphs reflects changes to Article 120. The multiplication in R.C.M. 906(b)(12), 1–113 (except paragraphs 1 and 3), Part Court of Appeals for the Armed Forces because that Rule covers both findings IV, and were moved to a new Appendix ruled that the statutory burden shift to and sentence. See R.C.M. 906(b)(12) and 12A. The LIO listings are determined the accused in the 2007 version of related analysis. based on the elements of the greater Article 120 was unconstitutional and The language in the discussion offense, but are not binding. Therefore, the subsequent burden shift to the section of the 2012 edition of the practitioners should use Appendix 12A government to disprove consent beyond Manual referring to the Campbell only as a guide. To determine if an a reasonable doubt once the accused decision was removed. Such language is offense is lesser included, the elements had raised the affirmative defense of no longer necessary, as the Rules test must be used. United States v. consent by a preponderance of the themselves have been edited to remove Jones, 68 M.J. 465, 470 (C.A.A.F. 2010). evidence resulted in a legal any reference to ‘‘multiplicious for The offenses are not required to possess impossibility. United States v. Prather, sentencing’’ and the discussion section identical statutory language; rather, the 69 M.J. 338 (C.A.A.F. 2011); United of R.C.M. 906(b)(12) addresses the court uses normal principles of statutory States v. Medina, 69 M.J. 462 (C.A.A.F. Quiroz factors.’’ construction to determine the meaning 2011).’’ (o) R.C.M. 1004(c)(7)(B), insert the of each element. See id. at 470–73; (m) R.C.M. 920(e)(5)(D), insert the following language immediately United States v. Oatney, 45 M.J. 185 following language immediately following the paragraph beginning with (C.A.A.F. 1996); Schmuck v. United following the paragraph beginning with the words ‘‘1994 Amendment’’ and States, 489 U.S. 705 (1989). the words ‘‘2007 Amendment’’: immediately prior to the paragraph Article 134 offenses generally will not ‘‘2016 Amendment: Changes to this beginning with the words ‘‘1986 be lesser included offenses of paragraph are based on section 541 of Amendment’’: enumerated offenses in Articles 80–133. the National Defense Authorization Act ‘‘2016 Amendment: Changes to this See United States v. Girouard, 70 M.J. for Fiscal Year 2012, P.L. 112–81, 31 paragraph reflect section 541 of the 5 (C.A.A.F. 2011); United States v. December 2011, which superseded the National Defense Authorization Act for McMurrin, 70 M.J. 15 (C.A.A.F. 2011). previous paragraph 45, ‘‘Rape, sexual Fiscal Year 2012, P.L. 112–81, 31 Article 134 specifications must contain assault and other sexual misconduct,’’ December 2011, which superseded the the ‘‘terminal element.’’ See paragraphs in its entirety and replaces paragraph 45 previous paragraph 45, ‘‘Rape, sexual 60.b and 60.c.(6)(a) in Part IV. See also with ‘‘Rape and sexual assault assault and other sexual misconduct,’’ United States v. Fosler, 70 M.J. 225 generally.’’ In addition, the National in its entirety and replaces paragraph 45 (C.A.A.F. 2011); United States v. Ballan, Defense Authorization Act for Fiscal with ‘‘Rape and sexual assault 71 M.J. 28 (C.A.A.F. 2012); R.C.M. Year 2012 added paragraph 45b, ‘‘Rape generally.’’ In addition, the National 307(c)(3).’’ and sexual assault of a child,’’ and Defense Authorization Act for Fiscal (b) Paragraph 43.a, Article 118, paragraph 45c, ‘‘Other sexual Year 2012 added paragraph 45b, ‘‘Rape Murder, is amended by adding the misconduct.’’ ’’ and sexual assault of a child,’’ and following language: (n) R.C.M. 1003(c)(1)(C), delete the paragraph 45c, ‘‘Other sexual ‘‘2012 Amendment: This statute was paragraph beginning with the words the misconduct.’’ ’’ modified pursuant to section 541 of the ‘‘2012 Amendment’’ and insert in its (p) R.C.M. 1004(c)(8), insert the National Defense Authorization Act for place: following language immediately Fiscal Year 2012, P.L. 112–81, 31 ‘‘2016 Amendment: This rule was following the paragraph beginning with December 2011, to conform to renamed amended. The language in previous the words ‘‘1991 Amendment’’: sexual assault offenses in Article 120 editions of the Manual seemed to ‘‘2016 Amendment: Changes to this and Article 120b. The changes took suggest that an accused could not be paragraph reflect section 541 of the effect on 28 June 2012.’’ punished for offenses that were not National Defense Authorization Act for (c) Paragraph 45, Article 120, Rape separate. This is true only if there is no Fiscal Year 2012, P.L. 112–81, 31 and sexual assault generally, the first express statement from Congress December 2011, which superseded the paragraph of the analysis beginning indicating that an accused can be previous paragraph 45, ‘‘Rape, sexual with the word ‘‘2012’’ and ending with punished for two or more offenses that assault and other sexual misconduct,’’ the number ‘‘28’’ is amended to read as are not separate. See R.C.M. 907(b)(3) in its entirety and replaces paragraph 45 follows: and related analysis. Subsections (i) and with ‘‘Rape and sexual assault ‘‘2012 Amendment: This paragraph (ii) were added to distinguish between generally.’’ In addition, the National was substantially revised by section 541 claims of multiplicity and unreasonable Defense Authorization Act for Fiscal of the National Defense Authorization

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Act for Fiscal Year 2012, P.L. 112–81, 31 must be given notice as to which clause that directly affects the discipline of the December 2011. Amendments contained or clauses he must defend against; armed forces, respect for the chain of in this section took effect on 28 June therefore, the terminal element may not command, or maintenance of unit 2012. Sec. 541(f), P.L. 112–81. On 28 be inferred from a specification. cohesion. The intent of this provision is June 2012, a modified paragraph 45, Although a single terminal element is to limit the crime of adultery to those ‘‘Rape and sexual assault generally,’’ required, there are three theories of situations where the negative impact to replaced the 2007 version of paragraph liability that would satisfy the terminal the unit is real rather than theorized. 45, ‘‘Rape, sexual assault, and other element: a disorder or neglect to the This provision should not be interpreted sexual misconduct.’’ The analysis prejudice of good order and discipline to criminalize sexual practices between related to prior versions of Article 120 (under clause 1); conduct of a nature to two adults with full and mutual consent is located as follows: For offenses bring discredit upon the armed forces from each other, but rather, to punish committed prior to 1 October 2007, see (under clause 2); or a crime or offense the collateral negative effects of Appendix 27; for offenses committed not capital (under clause 3). The three extramarital sexual activity when there during the period 1 October 2007 clauses are ‘‘distinct and separate.’’ exists a genuine nexus between that through 27 June 2012, see Appendix Fosler, 70 M.J. at 230. A single theory activity and the efficiency and 28.’’ may be alleged, or clauses 1 and 2 may effectiveness of the armed forces. Cf. (d) Paragraph 45, Article 120, Rape be combined. While it is not prohibited United States v. Marcum, 60 M.J. 198, and sexual assault generally, is to combine clauses 1, 2, and 3 in one 204–08 (C.A.A.F. 2004) (despite amended by deleting subparagraphs b, specification, such a combination is not constitutionally protected liberty c, d, e, and f. practical. interest in private sexual behavior (e) Paragraph 45, Article 120b, Rape When charging both clauses 1 and 2, between consenting adults, military may and sexual assault of a child, is practitioners are encouraged to use the regulate sexual conduct to the extent it amended by inserting ‘‘b’’ after ‘‘45’’. word ‘‘and’’ to separate the theories in could affect military order and (f) Paragraph 45b, Article 120b, Rape one specification, rather than using the discipline). and sexual assault of a child, is word ‘‘or’’ to separate the theories. While each commander has discretion amended by deleting subparagraphs b, Practitioners may also allege two to dispose of offenses by members of the c, d, e, and f. separate specifications. At findings, the command, wholly private and (g) Paragraph 45c, Article 120c, Other Trial Counsel or Military Judge must consensual sexual conduct between sexual misconduct, is amended by make certain that the record is clear as adults is generally not punishable under deleting subparagraphs b, c, d, e, and f. to whether the trier of fact found that this paragraph. The right to engage in (h) Paragraph 51, Article 125, clause 1, clause 2, or both clauses were such conduct, however, is tempered in Sodomy, is amended by changing the proven beyond a reasonable doubt. a military context by the mission of the title to ‘‘Forcible Sodomy’’ and adding Using the word ‘‘and’’ to separate military, the need for cohesive teams, the following language at the beginning: clauses 1 and 2 in the terminal element and the need for obedience to orders. ‘‘2016 Amendment: Paragraph 51 was allows the trier of fact to except the Cases involving fraternization or other amended pursuant to section 1707 of unproven clause from the specification. unprofessional relationships may be the National Defense Authorization Act This approach forces intellectual rigor more appropriately charged under for Fiscal Year 2014, P.L. 113–66, 26 in analyzing each clause as distinct and Article 92 or Article 134— December 2013. Additionally, all separate. Nothing in this analysis Fraternization. Cases involving abuse of applicable references to sodomy should be read to suggest that a authority by officers may be more throughout the Manual were changed to specification connecting the two appropriately charged under Article ‘‘forcible sodomy’’ to reflect the theories with the disjunctive ‘‘or’’ 133. decriminalization of consensual sodomy necessarily fails to give the accused Rule for Courts-Martial 306(b) advises under the UCMJ.’’ reasonable notice of the charge against commanders to dispose of alleged (i) Paragraph 60.c.(6)(a) is amended to him. See United States v. Rauscher, 71 offenses at the lowest appropriate level. read as follows: M.J. 225, 226 (C.A.A.F. 2012) (per As the R.C.M. 306(b) discussion states, ‘‘2016 Amendment: In 2012 the curiam) (citing Russell v. United States, many factors must be taken into Manual was amended to address the 369 U.S. 749, 765 (1962)).’’ consideration and balanced, including, changes in practice resulting from the (j) Paragraph 60.c.(6)(b) is amended by to the extent practicable, the nature of holding in United States v. Fosler, 70 deleting the paragraph beginning with the offense, any mitigating or M.J. 225 (C.A.A.F. 2011). In 2016, the the words ‘‘2012 Amendment’’ and extenuating circumstances, any President required that the terminal ending ‘‘above.’’, and inserting in its recommendations made by subordinate element be expressly alleged in every place: commanders, the interests of justice, Article 134 specification. ‘‘2016 Amendment: New discussion military exigencies, and the effect of the The President ended the historical was added in 2012 to address United decision on the military member and practice of allowing the terminal States v. Fosler, 70 M.J. 225 (C.A.A.F. the command. The goal should be a element to be inferred from Article 134 2011). In 2016, that discussion was disposition that is warranted, specifications, see, e.g. United States v. removed after paragraph 60 was appropriate, and fair. In the case of Mayo, 12 M.J. 286 (C.M.A. 1982), and amended by Executive Order. See officers, also consult the explanation to required the terminal element be analysis under subparagraph c.(6)(a) paragraph 59 of Part IV in deciding how expressly alleged to provide sufficient above.’’ to dispose of an allegation of adultery.’’ notice to the accused and for uniformity (k) Paragraph 62.c.(2) is amended to (l) Paragraph 90 is amended to read as and consistency in practice. See Fosler, read as follows: follows: 70 M.J. at 227–28. In general, when ‘‘(2) When determining whether drafting specifications, the Government adulterous acts constitute the offense of ‘‘90. Article 134—(Indecent Conduct) must allege every element, either adultery under Article 134, commanders Introduction. This offense is new to expressly or by necessary implication. should consider the listed factors. The the Manual for Courts-Martial and was See R.C.M. 307(c)(3). However, in offense of adultery is intended to promulgated pursuant to Executive Article 134 specifications, the accused prohibit extramarital sexual behavior Order 13740 of 16 September 2016. It

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includes offenses previously proscribed submitted electronically through the Abstract: The second round of data by ‘‘Indecent acts with another,’’ which Federal eRulemaking Portal at http:// collection for the Implementation of was deleted pursuant to Executive www.regulations.gov by selecting the Title I/II–A Program Initiatives study Order 13447 of 1 October 2007, except Docket ID number or via postal mail, will continue to examine the that the presence of another person is commercial delivery, or hand delivery. implementation of policies promoted not required. (m) Paragraph 97, Article Please note that comments submitted by through the Elementary and Secondary 134 (Pandering and prostitution) is fax or email and those submitted after Education Act (ESEA) at the state and amended by adding the following the comment period will not be district levels, in four core areas: School language: accepted. Written requests for accountability and support for low- ‘‘2016 Amendment: Paragraph 97 was information or comments submitted by performing schools, teacher and amended to broaden the definition of postal mail or delivery should be principal evaluation, state content prostitution and pandering to include addressed to the Director of the standards, and assessments. The first all sexual acts, not just sexual Information Collection Clearance round of data collection for this study intercourse. This amendment included Division, U.S. Department of Education, was conducted in Spring and Summer the removal of the language in 400 Maryland Avenue SW., LBJ, Room 2014. paragraph 97.c suggesting that engaging 2E–343, Washington, DC 20202–4537. The purpose of this follow-up data in sodomy for money or compensation FOR FURTHER INFORMATION CONTACT: For collection is to provide policy makers could be charged under paragraph 51 specific questions related to collection with detailed information on the core (Article 125—Sodomy). Pursuant to activities, please contact Erica Johnson, policies promoted by Title I and Title section 1707 of the National Defense 202–245–7676. II–A being implemented at the state and district levels, and the resources and Authorization Act for Fiscal Year 2014, SUPPLEMENTARY INFORMATION: The P.L. 113–66, 26 December 2013, supports they provide to schools and Department of Education (ED), in teachers. The timing of the data consensual sodomy is no longer a crime accordance with the Paperwork under the UCMJ and Article 125 is not collection is critical to provide Reduction Act of 1995 (PRA) (44 U.S.C. information prior to the full an appropriate charge for the consensual 3506(c)(2)(A)), provides the general exchange of money for sodomy. The implementation of the Every Student public and Federal agencies with an Succeeds Act (ESSA) in the 2017–18 definition of prostitution for this offense opportunity to comment on proposed, differs from the definition of school year. Although other research revised, and continuing collections of studies cover similar topics on recent prostitution in Article 120c. Congress information. This helps the Department provided a broader definition of federal education policy, the breadth of assess the impact of its information research questions and the depth of prostitution when criminalizing forcible collection requirements and minimize pandering. responses from all states and a the public’s reporting burden. It also nationally representative sample of 570 Dated: November 3, 2016. helps the public understand the school districts sets the Title I/II study Aaron Siegel, Department’s information collection apart from other studies. Alternate OSD Federal Register Liaison requirements and provide the requested This study will rely on information Officer, Department of Defense. data in the desired format. ED is collected from existing sources, for [FR Doc. 2016–26947 Filed 11–7–16; 8:45 am] soliciting comments on the proposed which there are no respondents or BILLING CODE 5001–06–P information collection request (ICR) that burden, and on a set of revised state and is described below. The Department of district surveys, based on the 2014 data Education is especially interested in collection, in order to address the DEPARTMENT OF EDUCATION public comment addressing the study’s research questions. Extant data following issues: (1) Is this collection sources include (a) the National [Docket No.: ED–2016–ICCD–0125] necessary to the proper functions of the Assessment of Educational Progress Department; (2) will this information be (NAEP) and (b) EDFacts data. Agency Information Collection processed and used in a timely manner; The revised surveys of states and Activities; Comment Request; (3) is the estimate of burden accurate; school districts will begin in April 2017. Implementation of Title I/II–A Program (4) how might the Department enhance All respondents will have the Initiatives the quality, utility, and clarity of the opportunity to complete an electronic AGENCY: Institute of Education Sciences information to be collected; and (5) how (e.g., web-based) survey (or paper (IES), Department of Education (ED). might the Department minimize the survey, if preferred). The survey burden of this collection on the respondents are described briefly below: ACTION: Notice. respondents, including through the use State Surveys: The state survey will SUMMARY: In accordance with the of information technology. Please note be sent to the chief state school officer Paperwork Reduction Act of 1995, ED is that written comments received in in each of the 50 states and the District proposing a reinstatement of a response to this notice will be of Columbia. The state surveys will be previously approved information considered public records. administered using an electronic collection. Title of Collection: Implementation of instrument divided into modules Title I/II–A Program Initiatives. corresponding to the four core areas. DATES: Interested persons are invited to OMB Control Number: 1850–0902. School District Surveys. The school submit comments on or before January Type of Review: A reinstatement of a district survey will be sent to school 9, 2017. previously approved information superintendents from the same ADDRESSES: To access and review all the collection. nationally representative sample of 570 documents related to the information Respondents/Affected Public: State, school districts that participated in the collection listed in this notice, please Local, or Tribal Governments. 2014 survey. The district survey will be use http://www.regulations.gov by Total Estimated Number of Annual web-based and modularized, searching the Docket ID number ED– Responses: 621. corresponding to the four core areas, to 2016–ICCD–0125. Comments submitted Total Estimated Number of Annual allow for completion by one or multiple in response to this notice should be Burden Hours: 672. respondents.

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Dated: November 3, 2016. assess the impact of its information ENVIRONMENTAL PROTECTION Stephanie Valentine, collection requirements and minimize AGENCY Acting Director, Information Collection the public’s reporting burden. It also [EPA–HQ–OW–2015–0056; FRL–9955–02– Clearance Division, Office of the Chief Privacy helps the public understand the OW] Officer, Office of Management. Department’s information collection [FR Doc. 2016–26944 Filed 11–7–16; 8:45 am] requirements and provide the requested National Advisory Council for BILLING CODE 4000–01–P data in the desired format. ED is Environmental Policy and Technology: soliciting comments on the proposed Assumable Waters Subcommittee; information collection request (ICR) that Notice of Public Meetings DEPARTMENT OF EDUCATION is described below. The Department of AGENCY: Environmental Protection [Docket No.: ED–2016–ICCD–0095] Education is especially interested in Agency (EPA). public comment addressing the ACTION: Notice of federal advisory Agency Information Collection following issues: (1) Is this collection subcommittee meetings. Activities; Submission to the Office of necessary to the proper functions of the Management and Budget for Review Department; (2) will this information be SUMMARY: Consistent with the Federal and Approval; Comment Request; processed and used in a timely manner; Advisory Committee Act, Public Law Foreign Schools Eligibility Criteria (3) is the estimate of burden accurate; 92463, EPA is giving notice of an Apply To Participate in Title IV HEA upcoming public meeting of the Programs (4) how might the Department enhance the quality, utility, and clarity of the Assumable Waters Subcommittee AGENCY: Federal Student Aid (FSA), information to be collected; and (5) how convened under the National Advisory Department of Education (ED). might the Department minimize the Council for Environmental Policy and ACTION: Notice. burden of this collection on the Technology (NACEPT). The Assumable respondents, including through the use Waters Subcommittee will provide SUMMARY: In accordance with the of information technology. Please note advice and recommendations as to how Paperwork Reduction Act of 1995 (44 that written comments received in the EPA can best clarify assumable U.S.C. chapter 3501 et seq.), ED is response to this notice will be waters for dredge and fill permit proposing a revision of an existing considered public records. programs pursuant to Clean Water Act information collection. section 404(g)(1). The EPA is DATES: Interested persons are invited to Title of Collection: Foreign Schools undertaking this effort to support states submit comments on or before Eligibility Criteria Apply To Participate and tribes that wish to assume the December 8, 2016. in Title IV HEA Programs. program. Similar to the parent NACEPT, ADDRESSES: To access and review all the OMB Control Number: 1845–0105. the subcommittee represents a diversity documents related to the information Type of Review: A revision of an of interests from academia, industry, non-governmental organizations, and collection listed in this notice, please existing information collection. use http://www.regulations.gov by local, State, and tribal governments. searching the Docket ID number ED– Respondents/Affected Public: Meeting agendas and materials will be 2016–ICCD–0095. Comments submitted Individuals or Households; Private posted at www.epa.gov/cwa-404/ in response to this notice should be Sector; State, Local, and Tribal assumable-waters-sub-committee. submitted electronically through the Governments. DATES: The Assumable Waters Federal eRulemaking Portal at http:// Total Estimated Number of Annual Subcommittee will hold a public www.regulations.gov by selecting the Responses: 4,135. meeting on: • December 9th, from 12:30 p.m. to Docket ID number or via postal mail, Total Estimated Number of Annual 3:30 p.m. EDT, at this Web site: https:// commercial delivery, or hand delivery. Burden Hours: 398. Please note that comments submitted by cbuilding.zoom.us/j/5305689032. fax or email and those submitted after Abstract: The information in 34 CFR ADDRESSES: the comment period will not be 600.54, 600.55, 600.56 and 600.57 is • This is virtual meeting which can accepted. Written requests for used by the Department during the be accessed at this Web site: https:// information or comments submitted by initial review for eligibility certification, cbuilding.zoom.us/j/5305689032 and postal mail or delivery should be recertification and annual evaluations. via phone: (408) 638–0968 (US Toll) or addressed to the Director of the These regulations help ensure that all (646) 558–8656 (US Toll). The meeting Information Collection Clearance foreign institutions participating in the ID is 530 568 9032 Division, U.S. Department of Education, Title IV, Higher Education Act (HEA) FOR FURTHER INFORMATION CONTACT: 400 Maryland Avenue SW., LBJ, Room Programs are meeting the minimum Jacob B. Strickler, Acting Designated 2E–347, Washington, DC 20202–4537. participation standards. Federal Officer, via email at: FOR FURTHER INFORMATION CONTACT: For Dated: November 3, 2016. [email protected], by phone: specific questions related to collection (202) 564–4692, or via postal service at: Kate Mullan, activities, please contact Beth U.S. Environmental Protection Agency Grebeldinger, 202–377–4018. Acting Director, Information Collection (MC–2388A), 1200 Pennsylvania Clearance Division, Office of the Chief Privacy Avenue NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: The Officer, Office of Management. Department of Education (ED), in SUPPLEMENTARY INFORMATION: Requests [FR Doc. 2016–26914 Filed 11–7–16; 8:45 am] accordance with the Paperwork to make oral comments or to provide Reduction Act of 1995 (PRA) (44 U.S.C. BILLING CODE 4000–01–P written comments to the Assumable 3506(c)(2)(A)), provides the general Waters Subcommittee should be sent to public and Federal agencies with an Jacob B. Strickler via email at: opportunity to comment on proposed, [email protected] by December revised, and continuing collections of 1st, 2016. The meetings are open to the information. This helps the Department public, with limited phone lines

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available on a first-come, first-served submissions-conformity. You may also programs and projects conform to state basis. Members of the public wishing to contact Mr. Jeffrey Riley, State air quality implementation plans and attend should contact Jacob B. Strickler Implementation Section (6MM–AA), establishes the criteria and procedures via email at: [email protected] U.S. Environmental Protection Agency, for determining whether or not they do or by phone at: (202) 564–4692 by Region 6, 1445 Ross Avenue, Dallas, so. Conformity to a SIP means that December 5th, 2016, so we can ensure Texas 75202–2733, at (214) 665–8542 or transportation activities will not adequate phone lines are available. On [email protected]. produce new air quality violations, December 9th, 2016, public comments SUPPLEMENTARY INFORMATION: worsen existing violations, or delay will heard beginning at 3:00 p.m. until Throughout this document ‘‘we,’’ ‘‘us,’’ timely attainment of the national 3:30 p.m. EDT or until all comments and ‘‘our’’ refers to EPA. The word ambient air quality standards. have been heard. ‘‘budget(s)’’ refers to the mobile source The criteria by which EPA determines Meeting Access: The agency will emissions budget for volatile organic whether a SIP’s MVEB is adequate for strive to reasonably accommodate compounds (VOCs) and the mobile transportation conformity purposes are individuals with disabilities. source emissions budget for nitrogen outlined in 40 CFR 93.118(e)(4). We Information regarding accessibility and/ oxides (NOX). have also described the process for or accommodations for individuals with On August 5, 2016, we received a SIP determining the adequacy of submitted disabilities should be directed to Jacob revision from the TCEQ. This revision SIP budgets in our July 1, 2004, final B. Strickler at the email address or consisted of an AD SIP for the DFW rulemaking entitled, ‘‘Transportation phone number listed above. To ensure 2008 8-hour ozone NAAQS Conformity Rule Amendments for the adequate time for processing, please nonattainment area. This submission New 8-hour Ozone and PM2.5 National make requests for accommodations at established MVEBs for the DFW 2008 Ambient Air Quality Standards and least 8 days prior to the meeting. ozone nonattainment area for the year Miscellaneous Revisions for Existing Dated: November 1, 2016. 2017. The MVEB is the amount of Areas; Transportation Conformity Rule emissions allowed in the SIP for on-road Amendments: Response to Court Benita Best-Wong, motor vehicles; it establishes an Decision and Additional Rule Changes’’ Director, Office of Wetlands, Oceans, and emissions ceiling for the DFW area See 69 FR 40004 (July 1, 2004). Please Watersheds. regional transportation network, used to note that an adequacy review is separate [FR Doc. 2016–26967 Filed 11–7–16; 8:45 am] develop the 2017 on-road motor vehicle from EPA’s completeness review, and it BILLING CODE 6560–50–P emissions projections contained in the should not be used to prejudge EPA’s AD SIP. The MVEBs are provided in ultimate approval of the DFW 2008 8- Table 1: hour ozone NAAQS AD SIP revision ENVIRONMENTAL PROTECTION submittal. Even if EPA finds the budgets AGENCY TABLE 1—DALLAS-FORT WORTH AT- adequate, the DFW AD SIP revision [FRL–9954–45–Region 6] TAINMENT DEMONSTRATION NOX submittal could later be disapproved. AND VOC MVEBS Within 24 months from the effective Adequacy Status of the Dallas-Fort [Summer season tons per day] date of this notice, the DFW-area Worth, Texas Attainment transportation partners, such as the Demonstration 8-Hour Ozone Motor 2017 North Central Texas Council of Vehicle Emission Budgets for Governments, will need to demonstrate Transportation Conformity Purposes NOX ...... 130.77 conformity to the new MVEBs if the VOC ...... 64.91 AGENCY: Environmental Protection demonstration has not already been Agency (EPA). made, pursuant to 40 CFR 93.104(e). See On September 7, 2016, EPA posted 73 FR 4419 (January 24, 2008). ACTION: Notice of adequacy. the revised DFW area MVEBs on EPA’s Web site for the purpose of soliciting Authority: 42 U.S.C. 7401 et seq. SUMMARY: The Environmental Protection public comments, as part of the Dated: November 2, 2016. Agency (EPA) is notifying the public adequacy process. The comment period Ron Curry, that it has found that the motor vehicle closed on October 6, 2016, and we emissions budgets (MVEBs) in the Regional Administrator, Region 6. received no comments. Dallas-Fort Worth, Texas (DFW) [FR Doc. 2016–26957 Filed 11–7–16; 8:45 am] Today’s notice is simply an BILLING CODE 6560–50–P Attainment Demonstration (AD) State announcement of a finding that EPA has Implementation Plan (SIP) revision for already made. EPA Region 6 sent a letter the 2008 8-hour ozone National to TCEQ on October 17, 2016, finding Ambient Air Quality Standard FEDERAL COMMUNICATIONS that the MVEBs in the DFW AD SIP, COMMISSION (NAAQS), submitted on August 5, 2016 submitted on August 5, 2016 are by the Texas Commission on adequate and must be used for [OMB 3060–0214] Environmental Quality (TCEQ) are transportation conformity adequate for transportation conformity determinations in the DFW area. This Information Collection Being Reviewed purposes. As a result of EPA’s finding, finding has also been announced on by the Federal Communications the DFW area must use these budgets for EPA’s conformity Web site: https:// Commission future conformity determinations. www.epa.gov/state-and-local- AGENCY: Federal Communications DATES: These budgets are effective transportation/adequacy-review-state- Commission. November 23, 2016. implementation-plan-sip-submissions- ACTION: Notice and request for FOR FURTHER INFORMATION CONTACT: The conformity. comments. essential information in this notice will Transportation conformity is required be available at EPA’s conformity by section 176(c) of the Clean Air Act. SUMMARY: As part of its continuing effort Website: https://www.epa.gov/state- EPA’s conformity rule, 40 Code of to reduce paperwork burdens, and as and-local-transportation/adequacy- Federal Regulations (CFR) part 93, required by the Paperwork Reduction review-state-implementation-plan-sip- requires that transportation plans, Act (PRA) of 1995 (44 U.S.C. 3501–

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3520), the Federal Communications requirement, Third party disclosure is any agreement or series of agreements Commission (FCC or the Commission) requirement. in which (1) a station provides any invites the general public and other Obligation to Respond: Required to station-related services, including, but Federal agencies to take this obtain or retain benefits. The statutory not limited to, administrative, technical, opportunity to comment on the authority that covers this information sales, and/or programming support, to a following information collection. collection is contained in Sections 151, station that is not directly or indirectly Comments are requested concerning: 152, 154(i), 303, 307 and 308 of the under common de jure control Whether the proposed collection of Communications Act of 1934, as permitted under the Commission’s information is necessary for the proper amended. regulations; or (2) stations that are not performance of the functions of the Total Annual Burden: 2,087,626 directly or indirectly under common de Commission, including whether the Hours. jure control permitted under the information shall have practical utility; Total Annual Cost: $27,363. Commission’s regulations collaborate to the accuracy of the Commission’s Privacy Impact Assessment: The provide or enable the provision of burden estimate; ways to enhance the Commission prepared a system of station-related services, including, but quality, utility, and clarity of the records notice (SORN), FCC/MB–2, not limited to, administrative, technical, information collected; ways to minimize ‘‘Broadcast Station Public Inspection sales, and/or programming support, to the burden of the collection of Files,’’ that covers the PII contained in one or more of the collaborating information on the respondents, the broadcast station public inspection stations. For purposes of this collection, files located on the Commission’s Web including the use of automated the term ‘‘station’’ includes the licensee, site. The Commission will revise collection techniques or other forms of including any subsidiaries and affiliates, appropriate privacy requirements as information technology; and ways to and any other individual or entity with necessary to include any entities and further reduce the information an attributable interest in the station. information added to the online public collection burden on small business This information collection file in this proceeding. requirement will provide the concerns with fewer than 25 employees. Nature and Extent of Confidentiality: The FCC may not conduct or sponsor Commission and the public with more Most of the documents comprising the a collection of information unless it comprehensive information about the public file consist of materials that are displays a currently valid control prevalence and content of Shared not of a confidential nature. number. No person shall be subject to Service Agreements between television Respondents complying with the any penalty for failing to comply with stations, which will improve the information collection requirements a collection of information subject to the Commission’s and the public’s ability to may request that the information they PRA that does not display a valid Office assess the potential impact of these submit be withheld from disclosure. If of Management and Budget (OMB) agreements on the Commission’s rules confidentiality is requested, such control number. and policies. requests will be processed in The information collection DATES: Written PRA comments should accordance with the Commission’s requirements contained under 47 CFR be submitted on or before January 9, rules, 47 CFR 0.459. 2017. If you anticipate that you will be In addition, the Commission has 73.1212, 73.3527, 73.1943 and 76.1701 submitting comments, but find it adopted provisions that permit are still a part of the information difficult to do so within the period of respondents subject to the information collection and remain unchanged since time allowed by this notice, you should collection requirement for Shared last approved by OMB. advise the contact listed below as soon Service Agreements to redact Federal Communications Commission. as possible. confidential or proprietary information Marlene H. Dortch, ADDRESSES: Direct all PRA comments to from their disclosures. Secretary, Office of the Secretary. Cathy Williams, FCC, via email PRA@ Needs and Uses: The information [FR Doc. 2016–26903 Filed 11–7–16; 8:45 am] fcc.gov and to [email protected]. collection requirements included under BILLING CODE 6712–01–P FOR FURTHER INFORMATION CONTACT: For this OMB Control Number 3060–0214, additional information about the requires commercial broadcast stations information collection, contact Cathy to maintain for public inspection a file FEDERAL COMMUNICATIONS Williams, (202) 418–2918. containing the material set forth in 47 COMMISSION CFR 73.3526. SUPPLEMENTARY INFORMATION: [OMB 3060–1126] OMB Control Number: 3060–0214. This collection is being revised to reflect the burden associated with the Title: Sections 73.3526 and 73.3527, Information Collection Being Reviewed Shared Service Agreement disclosure Local Public Inspection Files; Sections by the Federal Communications requirements adopted in the 2014 73.1212, 76.1701 and 73.1943, Political Commission Files. Quadrennial Regulatory Review (81 FR Form Number: None. 76220, Nov. 1, 2016, FCC 16–107, rel. AGENCY: Federal Communications Type of Review: Revision of a Aug. 25, 2016). The collection requires Commission. currently approved collection. commercial television stations to place ACTION: Notice and request for Respondents: Business or other for in their online public inspection file a comments. profit entities; Not for profit institutions; copy of every Shared Service Agreement State, Local or Tribal government; for the station (with the substance of SUMMARY: As part of its continuing effort Individuals or households. oral agreements reported in writing), to reduce paperwork burdens, and as Number of Respondents and regardless of whether the agreement required by the Paperwork Reduction Responses: 24,013 respondents; 63,364 involves commercial television stations Act (PRA) of 1995 (44 U.S.C. 3501– responses. in the same market or in different 3520), the Federal Communications Estimated Time per Response: 1–52 markets, with confidential or Commission (FCC or the Commission) hours. proprietary information redacted where invites the general public and other Frequency of Response: On occasion appropriate. For purposes of this Federal agencies to take this reporting requirement, Recordkeeping collection, a Shared Service Agreement opportunity to comment on the

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following information collection. 154(i) and (o), 301, 301(r), 303(v), 307, system integrity against which future Comments are requested concerning: 309, 335, 403, 544(g), 606 and 615 of the iterations of WEA can be evaluated. Whether the proposed collection of Communications Act of 1934, as Without records that can be used to information is necessary for the proper amended, as well as by sections 602(a), describe the quality of system integrity, performance of the functions of the (b), (c), (f), 603, 604 and 606 of the and the most common causes of Commission, including whether the WARN Act. message transmission failure, it will be information shall have practical utility; Total Annual Burden: 125,390 hours. difficult to evaluate how any changes to the accuracy of the Commission’s Total Annual Cost: No cost. WEA that we may adopt subsequent to burden estimate; ways to enhance the Privacy Impact Assessment: No this Report and Order affect system quality, utility, and clarity of the impact(s). integrity. information collected; ways to minimize Nature and Extent of Confidentiality: Participating CMS Providers shall make Federal Communications Commission. the burden of the collection of Marlene H. Dortch, information on the respondents, available upon request to the Secretary, Office of the Secretary. including the use of automated Commission and FEMA, and to collection techniques or other forms of emergency management agencies that [FR Doc. 2016–26902 Filed 11–7–16; 8:45 am] information technology; and ways to offer confidentiality protection at least BILLING CODE 6712–01–P further reduce the information equal to that provided in the federal collection burden on small business Freedom of Information Act (FOIA) their alert logs and information about concerns with fewer than 25 employees. FEDERAL RESERVE SYSTEM their approach to geo-targeting insofar The FCC may not conduct or sponsor a as the information pertains to alerts collection of information unless it Change in Bank Control Notices; initiated by that emergency management displays a currently valid control Acquisitions of Shares of a Bank or agency. Bank Holding Company number. No person shall be subject to Needs and Uses: The Commission any penalty for failing to comply with adopted revisions to Wireless The notificants listed below have a collection of information subject to the Emergency Alert (WEA) rules to take PRA that does not display a valid Office applied under the Change in Bank advantage of the significant Control Act (12 U.S.C. 1817(j)) and of Management and Budget (OMB) technological changes and control number. § 225.41 of the Board’s Regulation Y (12 improvements experienced by the CFR 225.41) to acquire shares of a bank DATES: Written PRA comments should mobile wireless industry since the or bank holding company. The factors be submitted on or before January 9, passage of the Warning, Alert and that are considered in acting on the 2017. If you anticipate that you will be Response Network (WARN) Act, and notices are set forth in paragraph 7 of submitting comments, but find it deployment of Wireless Emergency the Act (12 U.S.C. 1817(j)(7)). difficult to do so within the period of Alerts (WEA) to improve utility of WEA The notices are available for time allowed by this notice, you should as a life-saving tool. This action will immediate inspection at the Federal advise the contact listed below as soon improve alert content, delivery and Reserve Bank indicated. The notices as possible. testing. With respect to information also will be available for inspection at ADDRESSES: Direct all PRA comments to collection, in particular, the the offices of the Board of Governors. Nicole Ongele, FCC, via email PRA@ Commission adopted requirements for Interested persons may express their fcc.gov and to [email protected]. Participating CMS Providers to log the views in writing to the Reserve Bank FOR FURTHER INFORMATION CONTACT: For basic attributes of alerts they receive at indicated for that notice or to the offices additional information about the their Alert Gateway, to maintain those of the Board of Governors. Comments information collection, contact Nicole logs for at least 12 months, and to make must be received not later than Ongele at (202) 418–2991. those logs available upon request to the November 22, 2016. SUPPLEMENTARY INFORMATION: Commission and FEMA, and to A. Federal Reserve Bank of Richmond OMB Control Number: 3060–1126. emergency management agencies that (Adam M. Drimer, Assistant Vice Title: Testing and Logging offer confidentiality protection at least President) 701 East Byrd Street, Requirements for Wireless Emergency equal to that provided by federal FOIA. Richmond, Virginia 23261–4528. Alerts (WEA). The Commission also required Comments can also be sent Form Number: Not applicable. Participating CMS Providers to disclose electronically to Type of Review: Revision of a information regarding their capabilities [email protected]: currently approved collection. for geo-targeting Alert Messages upon 1. Wayne L Culley and Patricia J Respondents: Business or other for- request to such emergency management Culley, as co-trustees of the Wayne L profit entities. agencies insofar as it would pertain to Culley Revocable Trust and the Patricia Number of Respondents and Alert Messages initiated by that J Culley Revocable Trust, all of Responses: 80 Participating CMS emergency management agency. Cameron, Missouri and Keith Culley Providers; 451,600 Responses. These recordkeeping and reporting and Marcella Culley, both of St. Joseph, Estimated Time per Response: requirements have potential to increase Missouri, as members of the Culley 0.000694 hours (2.5 seconds) to generate emergency managers’ confidence that Family Control Group; to acquire voting each alert log; 2 hours to respond to WEA will work as intended when shares of Farmers Bancshares Inc., and each request for alert log data or needed. This increased confidence in thereby acquire Independent Farmers information about geo-targeting. system availability will encourage Bank, both of Maysville, Missouri. Frequency of Response: Monthly and emergency managers that do not on occasion reporting requirements and currently use WEA to become Board of Governors of the Federal Reserve recordkeeping requirement. authorized. These reporting and System, November 2, 2016. Obligation to Respond: Required to recordkeeping requirements also help to Michele Taylor Fennell, obtain or retain benefits. Statutory ensure a fundamental component of Assistant Secretary of the Board. authority for this information collection system integrity. Alert logs are [FR Doc. 2016–26864 Filed 11–7–16; 8:45 am] is contained in 47 U.S.C. 151, 152, necessary to establish a baseline for BILLING CODE 6210–01–P

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DEPARTMENT OF DEFENSE information provided. To confirm $150,000 simplified acquisition receipt of your comment(s), please threshold (SAT) or will involve the GENERAL SERVICES check www.regulations.gov, acquisition of commercial items (see ADMINISTRATION approximately two to three days after Part 12); the contracting officer should submission to verify posting (except not request a preaward survey unless NATIONAL AERONAUTICS AND allow 30 days for posting of comments circumstances justify its cost. SPACE ADMINISTRATION submitted by mail). Using parameters identified above a [OMB Control No. 9000–0011; Docket 2016– FOR FURTHER INFORMATION CONTACT: Ms. Federal Procurement Data System 0053; Sequence 35] Cecelia L. Davis, Procurement Analyst, (FPDS) ad hoc report was completed Office of Governmentwide Acquisition identifying that in Fiscal Year (FY) 2015 Information Collection; Preaward Policy, GSA, 202–219–0202 or email an estimated total of 24,791 contracts Survey Forms (Standard Forms 1403, [email protected]. were awarded Governmentwide that 1404, 1405, 1406, 1407, and 1408) were over the SAT, and for which SUPPLEMENTARY INFORMATION: commercial acquisition procedures were AGENCY: Department of Defense (DOD), A. Purpose not used. Of that number, it is estimated General Services Administration (GSA), To protect the Government’s interest that preaward surveys were completed and National Aeronautics and Space for 15 percent, or 3,719 of the 24,791 Administration (NASA). and to ensure timely delivery of items of the requisite quality, contracting contracts that were awarded. Of the six ACTION: Notice of request for comments officers, prior to award, must make an Standard Forms (1403, 1404, 1405, regarding an extension to an existing affirmative determination that the 1406, 1407, and 1408), we estimated OMB clearance. prospective contractor is responsible, that Standard Form 1403 is used most frequently because it is a general form SUMMARY: Under the provisions of the i.e., capable of performing the contract. Before making such a determination, the and accounts for 30 percent or 1,116 Paperwork Reduction Act, the times, Standard Forms 1404 and 1407 Regulatory Secretariat Division will be contracting officer must have in his possession or must obtain information account for 15 percent or 558 times, submitting to the Office of Management Standard Form 1408 accounts for 20 and Budget (OMB) a request to review sufficient to satisfy himself that the prospective contractor: (i) Has adequate percent or 744 times, and Standard and approve an extension of a Forms 1405 and 1406 account 10 previously approved information financial resources, or the ability to obtain such resources; (ii) is able to percent or 372 times. collection requirement concerning After consultation with subject matter preaward survey forms (Standard Forms comply with required delivery schedule; (iii) has a satisfactory record experts, it was determined that the time 1403, 1404, 1405, 1406, 1407, and required to prepare and complete the 1408). of performance; (iv) has a satisfactory record of integrity; and (v) is otherwise Standard Forms is estimated at 24 hours DATES: Submit comments on or before qualified and eligible to receive an per response. Because preaward survey January 9, 2017. award under appropriate laws and data is generally used for multiple ADDRESSES: Submit comments regulations. If such information is not in contracts awarded within a 12 month identified by Information Collection the contracting officer’s possession, it is period, it is estimated that only one (1) 9000–0011, Preaward Survey Forms, obtained through a preaward survey response would be reported annually (Standard Forms 1403, 1404, 1405, conducted by the contract per respondent per form. 1406, 1407, and 1408) by any of the administration office responsible for the Standard Form 1403—Preaward Survey following methods: plant and/or the geographic area in of Prospective Contractor (General) • Regulations.gov: http:// which the plant is located. The Respondents: 1,116. www.regulations.gov. Submit comments necessary data is collected by contract via the Federal eRulemaking portal by Responses Annually: 1. administration personnel from available Total Responses: 1,116. searching the OMB control number. data or through plant visits, phone calls, Follow the instructions provided at the Hours per Response: 24. and correspondence. This data is Total Burden Hours: 26,784. ‘‘Submit a Comment’’ screen. Please entered on Standard Forms 1403, 1404, include your name, company name (if 1405, 1406, 1407, and 1408 in detail Standard Form 1404—Preaward Survey any), and ‘‘Information Collection 9000– commensurate with the dollar value and of Prospective Contractor Technical 0011, Preaward Survey Forms, complexity of the procurement. These Respondents: 558. (Standard Forms 1403, 1404, 1405, standard forms are not cumulative. The Responses Annually: 1. 1406, 1407, and 1408)’’ on your attached surveying activity completes only the Total Responses: 558. document. applicable standard form(s) necessary to • Hours per Response: 24. Mail: General Services determine contractor responsibility in Total Burden Hours: 13,392. Administration, Regulatory Secretariat each case. Division (MVCB), 1800 F Street NW., Standard Form 1405—Preaward Survey Washington, DC 20405. ATTN: Ms. B. Annual Reporting Burden of Prospective Contractor Production Flowers/IC 9000–0011. There are no Governmentwide Respondents: 372. Instructions: Please submit comments systems for collecting the number of Responses Annually: 1. only and cite Information Collection preaward surveys completed in a fiscal Total Responses: 372. 9000–0011, Preaward Survey Forms, year as preaward surveys are only Hours per Response: 24. (Standard Forms 1403, 1404, 1405, required in limited circumstances where Total Burden Hours: 8,928. 1406, 1407, and 1408), in all information for the prospective correspondence related to this contractor cannot be obtained by the Standard Form 1406—Preaward Survey collection. Comments received generally contracting officer to make an of Prospective Contractor Quality will be posted without change to http:// affirmative statement of responsibility. Assurance www.regulations.gov, including any Further, if the contemplated contract Respondents: 372. personal and/or business confidential will have a fixed price at or below the Responses Annually: 1.

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Total Responses: 372. DEPARTMENT OF DEFENSE will be posted without change to http:// Hours per Response: 24. www.regulations.gov, including any GENERAL SERVICES personal and/or business confidential Total Burden Hours: 8,928. ADMINISTRATION information provided. To confirm Standard Form 1407—Preaward Survey receipt of your comment(s), please NATIONAL AERONAUTICS AND of Prospective Contractor Financial check www.regulations.gov, SPACE ADMINISTRATION Capability approximately two to three days after [OMB Control No. 9000–0182]; Docket No. submission to verify posting (except Respondents: 558. 2016–0053; Sequence 32] allow 30 days for posting of comments Responses Annually: 1. submitted by mail). Submission for OMB Review; Privacy FOR FURTHER INFORMATION CONTACT: Mr. Total Responses: 558. Training Charles Gray, Procurement Analyst, Hours per Response: 24. AGENCY: Department of Defense (DOD), Office of Governmentwide Acquisition Total Burden Hours: 13,392. General Services Administration (GSA), Policy, at telephone 703–795–6328 or via email to [email protected]. Standard Form 1408—Preaward Survey and National Aeronautics and Space Administration (NASA). SUPPLEMENTARY INFORMATION: of Prospective Contractor Accounting System ACTION: Notice of request for comments A. Purpose regarding a new OMB clearance. Respondents: 744. The Privacy Act of 1974, (5 U.S.C. SUMMARY: Under the provisions of the 552a) prescribes fair information Responses Annually: 1. Paperwork Reduction Act, the practices for the collection, Total Responses: 744. Regulatory Secretariat Division will be maintenance, use, and dissemination of Hours per Response: 24. submitting to the Office of Management personal information by Federal and Budget (OMB) a request for agencies. Consistent with the provisions Total Burden Hours: 17,856. approval of an information collection of the Privacy Act of 1974, OMB C. Public Comments requirement regarding privacy training. Circular A–130, ‘‘Managing Information A notice was published in the Federal as a Strategic Resource,’’ and other OMB Public comments are particularly Register at 76 FR 63896 on October 14, memoranda, this rule specifically invited on: Whether this collection of 2011, as part of a proposed rule under addresses the recordkeeping and information is necessary for the proper FAR Case 2010–013. Two public reporting associated with FAR clause performance of functions of the Federal comments were received on the 52.224–XX, ‘‘Privacy Training.’’ The Acquisition Regulations (FAR), and information collection. clause is used in solicitations and whether it will have practical utility; DATES: Submit comments on or before contracts whenever contract whether our estimate of the public December 8, 2016. performance requires the employees of burden of this collection of information ADDRESSES: Submit comments regarding the contractor (or the employees of is accurate, and based on valid this burden estimate or any other aspect subcontractors) to have access to assumptions and methodology; ways to of this collection of information, personally identifiable information (PII), enhance the quality, utility, and clarity including suggestions for reducing this including access to a system of records of the information to be collected; and burden to: Office of Information and on individuals or entails the design, ways in which we can minimize the Regulatory Affairs of OMB, Attention: development, maintenance, or the operation of a system of records on burden of the collection of information Desk Officer for GSA, Room 10236, individuals. The recordkeeping effort on those who are to respond, through NEOB, Washington, DC 20503. involves maintenance of training the use of appropriate technological Additionally submit a copy to GSA by any of the following methods: completion documentation by collection techniques or other forms of • Regulations.gov: http:// contractors; the reporting covers information technology. www.regulations.gov. Submit comments submission of the training completion Obtaining Copies of Proposals: via the Federal eRulemaking portal by documentation to the contracting officer Requesters may obtain a copy of the searching the OMB control number upon request. It is anticipated that the information collection documents from 9000–0182. Select the link ‘‘Comment Government would request this the General Services Administration, Now’’ that corresponds with documentation only rarely. Regulatory Secretariat Division (MVCB), ‘‘Information Collection 9000–0182, B. Discussion and Analysis 1800 F Street NW., Washington, DC Privacy Training’’. Follow the 20405, telephone 202–501–4755. Please instructions provided on the screen. DoD, GSA, and NASA provided cite OMB Control Number 9000–0011, Please include your name, company notification of the applicability of the Preaward Survey Forms (Standard name (if any), and ‘‘Information Paperwork Reduction Act and requested Forms 1403, 1404, 1405, 1406, 1407, Collection 9000–0182, Privacy approval for a new information collection requirement as part of FAR and 1408), in all correspondence. Training’’ on your attached document. • Mail: General Services Case 2010–013, published at 76 FR Dated: November 3, 2016. Administration, Regulatory Secretariat 63896, on October 14, 2011. Two Lorin S. Curit, Division (MVCB), 1800 F Street NW., respondents commented on the annual Director, Federal Acquisition Policy Division, Washington, DC 20405. ATTN: Ms. burden estimate. Office of Government-wide Acquisition Flowers/IC 9000–0182, Privacy Comment: The respondents stated Policy, Office of Acquisition Policy, Office Training. that the annual burden estimate with of Government-wide Policy. Instructions: Please submit comments respect to the public’s Paperwork [FR Doc. 2016–26948 Filed 11–7–16; 8:45 am] only and cite Information Collection Reduction Act reporting burden was BILLING CODE 6820–EP–P 9000–0182, Privacy Training, in all understated. The respondents believed correspondence related to this that (a) requiring contractors to conduct collection. Comments received generally their own privacy training and (b)

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requiring re-training every year created 1800 F Street NW., Washington, DC Dated: October 31, 2016. a greater burden on contractors. 20405, telephone 202–501–4755. Thomas J. Vilsack, Response: In response to the concerns Please cite OMB Control No. 9000– Secretary. expressed by these respondents, it is 0182, Privacy Training, in all [FR Doc. 2016–26940 Filed 11–7–16; 8:45 am] noted that this information collection correspondence. BILLING CODE 6560–58–P requirement does not address the Dated: November 2, 2016. burden associated with conducting the Lorin S. Curit, initial or subsequent annual privacy Director, Federal Acquisition Policy Division, DEPARTMENT OF HEALTH AND training. Rather, it focuses solely on the Office of Governmentwide Acquisition Policy, HUMAN SERVICES obligation of Federal contractors’ to Office of Acquisition Policy, Office of maintain documentation showing that Governmentwide Policy. Centers for Disease Control and the required privacy training was [FR Doc. 2016–26889 Filed 11–7–16; 8:45 am] Prevention completed by the employee and, upon BILLING CODE P request, provide completion Multi-Agency Informational Meeting documentation to the contracting Concerning Compliance With the officer. However, since the analysis Federal Select Agent Program; Public GULF COAST ECOSYSTEM Webcast used in the proposed rule did not RESTORATION COUNCIL encompass contracts involving the AGENCY: Centers for Disease Control and acquisition of commercial items, the Senior Executive Service Performance Prevention (CDC), Department of Health methodology used to derive the Review Board Membership and Human Services (HHS). estimated hourly and cost burden AGENCY: Gulf Coast Ecosystem ACTION: Notice of rescheduled public described in the proposed rule has been webcast. revised in the final rule. Restoration Council. ACTION: Notice of Performance Review SUMMARY: C. Annual Reporting Burden The HHS/CDC’s Division of Board appointments. Select Agents and Toxins (DSAT) and Recordkeeping the U.S. Department of Agriculture’s SUMMARY: This notice announces the Animal and Plant Health Inspection Number of Respondents: 31,821. members of the Senior Executive Responses per Respondent: 6. Service, Agriculture Select Agent Service Performance Review Board Services (AgSAS) are jointly charged Total annual Responses: 194,942. (PRB) for the Gulf Coast Ecosystem Preparation hours per response: .5. with the regulation of the possession, Restoration Council as required by 5 use and transfer of biological agents and Total Recordkeeping Burden Hours: U.S.C. 4314(c)(4). The PRB is comprised 97,471. toxins that have the potential to pose a of a Chairperson and a mix of career severe threat to public, animal or plant Reporting Federal senior executives and State health or to animal or plant products members from the Council. The PRB (select agents and toxins). This joint Number of Respondents: 796. meets annually to review and evaluate Responses per Respondent: 1. effort constitutes the Federal Select performance appraisal documents and Agent Program. The purpose of the Total annual Responses: 796. provides a written recommendation to Preparation hours per response: .25. webcast is to provide guidance and the Secretary for final approval of each information related to the Federal Select Total Recordkeeping Burden Hours: executive’s performance rating, 199. Agent Program for interested performance-based pay adjustment, and individuals. Total Recordkeeping and Reporting performance award. Burden Hours: 97,670. DATES: The webcast, which was DATES: Affected Public: Businesses or other Effective October 6, 2016. originally scheduled for Wednesday, for-profit institutions and not for profit FOR FURTHER INFORMATION CONTACT: November 9, 2016 is rescheduled to institutions. Justin Ehrenwerth, Executive Director, Wednesday, February 8, 2017 from 12 Frequency: On occasion. GCERC, telephone: (504) 444–3265. p.m. to 4 p.m. EST. All who wish to join Public comments are particularly SUPPLEMENTARY INFORMATION: In the webcast should register by February invited on: Whether this collection of accordance with 5 U.S.C. 4314(c)(4), the 6, 2017. The registration is available on information is necessary for the proper persons named below have been this Web site: http:// performance of functions of the FAR, selected to serve on the PRB: www.selectagents.gov/webform.html. and whether it will have practical Gulf Coast Ecosystem Restoration ADDRESSES: The webcast will be utility; whether our estimate of the Council broadcast from CDC, 1600 Clifton Road, public burden of this collection of Atlanta, GA 30329. This will only be information is accurate, and based on Ehrenwerth, Justin produced as a webcast; therefore, no valid assumptions and methodology; Department of Agriculture accommodations will be provided for ways to enhance the quality, utility, and in-person participation. Wilkes, Homer clarity of the information to be FOR FURTHER INFORMATION CONTACT: collected; and ways in which we can Environmental Protection Agency CDC: Ms. Diane Martin, DSAT, Office of minimize the burden of the collection of Scaggs, Benjamin Public Health Preparedness and information on those who are to Response, CDC, 1600 Clifton Road, respond, through the use of appropriate Department of the Interior NE., MS A–46, Atlanta, GA 30329; technological collection techniques or Dohner, Cynthia phone: 404–718–2000; email: lrsat@ other forms of information technology. cdc.gov. Obtaining Copies of Proposals: State of Texas APHIS: Dr. Leon White, AgSAS, APHIS, Requesters may obtain a copy of the Tatum, Stephen 4700 River Road, Unit 2, Riverdale, information collection documents from MD 20737; phone: 301–851–3300 the General Services Administration, State of Florida (option 3); email: AgSAS@ Regulatory Secretariat Division (MVCB), Drew, Mimi aphis.usda.gov.

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SUPPLEMENTARY INFORMATION: The any of the following subjects: the CMS–10526—Cost-Sharing Reduction public webcast—originally scheduled necessity and utility of the proposed Reconciliation Information Collection for Wednesday, November 9, 2016 and information collection for the proper rescheduled to Wednesday, February 8, performance of the agency’s functions; Under the PRA (44 U.S.C. 3501– 2017—is an opportunity for the affected the accuracy of the estimated burden; 3520), federal agencies must obtain community (i.e., registered entity ways to enhance the quality, utility, and approval from the Office of Management responsible officials, alternate clarity of the information to be and Budget (OMB) for each collection of responsible officials, and entity owners) collected; and the use of automated information they conduct or sponsor. and other interested individuals to collection techniques or other forms of The term ‘‘collection of information’’ is obtain specific regulatory guidance and information technology to minimize the defined in 44 U.S.C. 3502(3) and 5 CFR information concerning biosafety, information collection burden. 1320.3(c) and includes agency requests security and incident response issues DATES: Comments must be received by or requirements that members of the related to the Federal Select Agent January 9, 2017. public submit reports, keep records, or Program. provide information to a third party. Representatives from the Federal ADDRESSES: When commenting, please Section 3506(c)(2)(A) of the PRA Select Agent Program will be present reference the document identifier or requires federal agencies to publish a during the webcast to address questions OMB control number. To be assured 60-day notice in the Federal Register and concerns from the web participants. consideration, comments and concerning each proposed collection of Participants that have already recommendations must be submitted in information, including each proposed registered for the November date will any one of the following ways: extension or reinstatement of an existing not need to re-submit registration 1. Electronically. You may send your collection of information, before requests for the new date. Those comments electronically to http:// submitting the collection to OMB for individuals that have not registered and www.regulations.gov. Follow the approval. To comply with this want to participate in the webcast instructions for ‘‘Comment or should complete their registration requirement, CMS is publishing this Submission’’ or ‘‘More Search Options’’ notice. online by February 6, 2017. The to find the information collection registration is available on this Web site: document(s) that are accepting Information Collection http://www.selectagents.gov/ comments. webform.html. 1. Type of Information Collection 2. By regular mail. You may mail Request: Revision of a currently Sandra Cashman, written comments to the following approved information collection; Title address: Executive Secretary, Centers for Disease of Information Collection: Cost-Sharing Control and Prevention. CMS, Office of Strategic Operations and Reduction Reconciliation Information [FR Doc. 2016–26927 Filed 11–7–16; 8:45 am] Regulatory Affairs, Division of Collection; Use: Under established BILLING CODE 4163–18–P Regulations Development, Attention: Department of Health and Human Document Identifier/OMB Control Services (HHS) regulations, qualified Number, Room C4–26–05, 7500 health plan (QHP) issuers will receive DEPARTMENT OF HEALTH AND Security Boulevard, Baltimore, estimated advance payments of cost- HUMAN SERVICES Maryland 21244–1850. sharing reductions throughout the year. Centers for Medicare & Medicaid To obtain copies of a supporting Each issuer will then be subject to a Services statement and any related forms for the reconciliation process at the end of the proposed collection(s) summarized in [Document Identifier: CMS–10526] benefit year to ensure that HHS this notice, you may make your request reimburses each issuer only for actual using one of following: Agency Information Collection cost sharing. This revised collection Activities: Proposed Collection; 1. Access CMS’ Web site address at adds three data elements, a Policy Comment Request http://www.cms.hhs.gov/ Identification number, Policy Start Date, PaperworkReductionActof1995. and Policy End Date, and proposes to AGENCY: Centers for Medicare & 2. Email your request, including your eliminate most summary plan level Medicaid Services. address, phone number, OMB number, reporting. Form Number: CMS–10526 ACTION: Notice. and CMS document identifier, to (OMB Control Number 0938–1266). [email protected]. SUMMARY: The Centers for Medicare & Frequency: Once, Yearly; Affected Medicaid Services (CMS) is announcing 3. Call the Reports Clearance Office at Public: Private Sector—Not-for-profit an opportunity for the public to (410) 786–1326. institutions; Number of Respondents: 295; Number of Responses: 4,000,000; comment on CMS’ intention to collect FOR FURTHER INFORMATION CONTACT: information from the public. Under the Reports Clearance Office at (410) 786– Total Annual Hours: 6,939. (For policy Paperwork Reduction Act of 1995 (the 1326. questions regarding this collection, PRA), federal agencies are required to contact Pat Meisol at 410–786–1917) publish notice in the Federal Register SUPPLEMENTARY INFORMATION: Dated: November 2, 2016. concerning each proposed collection of Contents William N. Parham, III, information (including each proposed extension or reinstatement of an existing This notice sets out a summary of the Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory collection of information) and to allow use and burden associated with the Affairs. 60 days for public comment on the following information collections. More proposed action. Interested persons are detailed information can be found in [FR Doc. 2016–26875 Filed 11–7–16; 8:45 am] invited to send comments regarding our each collection’s supporting statement BILLING CODE 4120–01–P burden estimates or any other aspect of and associated materials (see this collection of information, including ADDRESSES).

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DEPARTMENT OF HEALTH AND which waiver jurisdictions have jurisdiction representatives and HUMAN SERVICES increased funding; and the extent to evaluators drawn from the 25 waiver which waiver jurisdictions have jurisdictions with waiver demonstration Administration for Children and experienced practice and systems-level projects (Arkansas, Arizona, Colorado, Families changes. Hawaii, Illinois, Kentucky, Maine, The National Study uses a mixed- Maryland, Massachusetts, Michigan, Submission for OMB Review; method approach to examine 25 waiver Nebraska, Nevada, New York, Comment Request jurisdictions (including 23 states, the Oklahoma, Oregon, Pennsylvania, Port Title: National Study of Title IV–E District of Columbia and one tribal Gamble S’Klallam Tribe, Rhode Island, Child Welfare Waiver Demonstrations. government) with Terms and Conditions Tennessee, Texas, Utah, Washington, OMB No.: New Collection. approved in Federal Fiscal years 2012, Washington DC, West Virginia, Description: The National Study of 2013, and 2014. Proposed data Wisconsin). The respondents will be the Title IV–E Child Welfare Waiver collection methods are two topically- identified by the 25 jurisdiction Demonstrations is sponsored by the focused telephone surveys: (a) A demonstration project leaders using the Children’s Bureau, Administration for telephone survey of waiver jurisdiction Web-Based Survey Sampling Form. The Children and Families of the U.S. representatives and evaluators who are Web-Based Survey Sampling Form and Department of Health and Human focused on measuring well-being, and the Web-Based Survey will be (b) a second telephone survey of waiver Services and involves the conduct of a administered once during the National jurisdiction representatives and cross-site study of jurisdictions (referred Study. The respondents to the to as waiver jurisdictions) approved to evaluators that is focused on Measuring Well-Being telephone survey operate demonstrations authorized by understanding practice and systems- will be a census sample of the 23 section 1130 of the Social Security Act, level changes within child welfare evaluators identified from the 23 waiver as amended by the Child and Family service systems. Also proposed is a Services Improvement and Innovation Web-based survey of waiver jurisdiction jurisdictions who are involved with the Act, Public Law 112–34. The representatives and evaluators that will assessment of child and family well- demonstrations involve waivers of look more broadly at the being in their waiver jurisdictions. The certain provisions of the foster care implementation of waiver Measuring Well-Being telephone survey program authorized by title IV–E of the demonstrations and corresponding will be administered once during the Social Security Act. Child welfare changes in child welfare policy, National Study. The respondents to the agencies in waiver jurisdictions are practice, and financing. Two sampling Practice and Systems-Level Change operating demonstrations to implement survey forms are being proposed to telephone survey will be a purposive a variety of programs and interventions collect the necessary contact sample of 60 respondents identified that serve children and families in an information for respondents to the Web- from 14 waiver jurisdictions who are effort to improve their safety, based survey and the telephone survey knowledgeable about practice, policy, permanency, and well-being. Each focused on understanding practice and and organizational changes in their waiver jurisdiction is required to systems-level changes within child respective waiver jurisdictions. The conduct a third-party evaluation of its welfare service systems. Data collected respondents will be identified by the 14 demonstration. The National Study will through these instruments will be used jurisdiction demonstration project examine the extent to which safety, by the Children’s Bureau to gain an leaders using the Practice- and Systems- permanency, and well-being outcomes understanding of the jurisdictions’ Level Change Survey Sampling Form. have improved for children and collective experience with The Practice- and Systems-Level Change families; the characteristics of waiver implementing their demonstrations. Survey Sampling Form and the Practice jurisdictions where improvements in Respondents: The respondents to the and Systems-Level Change telephone outcomes have occurred; expenditure Web-Based Survey will be a purposive survey will be administered once during patterns and the types of activities for sample of an estimated 250 waiver the National Study.

ANNUAL BURDEN ESTIMATES

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

Web-Based Survey Sampling Form ...... 25 1 0.33 8.25 Web-Based Survey ...... 250 1 0.33 82.5 Measuring Well-Being Telephone Survey ...... 23 1 1 23 Practice- and Systems-Level Change Survey Sampling Form ...... 14 1 0.25 3.5 Practice- and Systems-Level Change Telephone Survey ...... 60 1 1 60

Estimated Total Annual Burden of the information collection. Email comments and recommendations for the Hours: 177.25. address: [email protected]. proposed information collection should Additional Information: Copies of the OMB Comment: OMB is required to be sent directly to the following: Office proposed collection may be obtained by make a decision concerning the of Management and Budget, Paperwork writing to the Administration for collection of information between 30 Reduction Project, Email: Children and Families, Office of and 60 days after publication of this [email protected], Planning, Research and Evaluation, 330 document in the Federal Register. Attn: Desk Officer for the C Street SW., Washington, DC 20201. Therefore, a comment is best assured of Attention Reports Clearance Officer. All having its full effect if OMB receives it requests should be identified by the title within 30 days of publication. Written

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Administration for Children and and Family Services Plan (CFSP). The capacities throughout the five-year plan Families. CFSP lays the groundwork for a system period. The CFS–101 has three parts. of coordinated, integrated, and Part I is an annual budget request for the Robert Sargis, culturally relevant family services for upcoming fiscal year. Part II includes a Reports Clearance Officer. the subsequent five years (45 CFR summary of planned expenditures by [FR Doc. 2016–26939 Filed 11–7–16; 8:45 am] 1357.15(a)(1)). The CFSP outlines program area for the upcoming fiscal BILLING CODE 4184–01–P initiatives and activities the State, Tribe year, the estimated number of or territory will carry out in individuals or families to be served, and administering programs and services to the geographical service area. Part III DEPARTMENT OF HEALTH AND promote the safety, permanency, and HUMAN SERVICES includes actual expenditures by well-being of children and families, program area, numbers of families and Administration for Children and including, as applicable, those activities individuals served by program area, and Families conducted under the John H. Chafee the geographic areas served for the last Foster Care Independence Program complete fiscal year. Proposed Information Collection (Section 477 of the Act) and the State Respondents: States, Territories, and Activity; Comment Request grant authorized by the Child Abuse Prevention and Treatment Act. By June Tribes must complete the CFSP, APSR, Proposed Projects 30 of each year, States, Territories, and and CFS–101. Tribes and territories are Title: Child and Family Services Plan Tribes are also required to submit an exempted from the monthly caseworker (CFSP), Annual Progress and Services Annual Progress and Services Report visits reporting requirement of the Review (APSR), and Annual Budget (APSR) and a financial report called the CFSP/APSR. There are approximately Expenses Request and Estimated CFS–101. The APSR is a yearly report 189 Tribal entities that currently receive Expenditures (CFS–101) that discusses progress made by a State, IV–B funding. There are 53 States OMB No.: 0970–0426 Territory or Tribe in accomplishing the (including Puerto Rico, the District of Description: Under title IV–B, goals and objectives cited in its CFSP Columbia, and the Virgin Islands) that subparts 1 and 2, of the Social Security (45 CFR 1357.16(a)). The APSR contains must complete the CFSP, APSR, and Act (the Act), States, Territories, and new and updated information about CFS–101. There are a total of 242 Tribes are required to submit a Child service needs and organizational possible respondents.

ANNUAL BURDEN ESTIMATES

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

APSR ...... 242 1 80 19,360 CFSP ...... 242 1 120.25 29,100.50 CFS–101, Parts I, II, and III ...... 242 1 5 1,210 Caseworker Visits ...... 53 1 99.33 5,264.49

Estimated Total Annual Burden proposed collection of information; (c) DEPARTMENT OF HEALTH AND Hours: 54,934.99 the quality, utility, and clarity of the HUMAN SERVICES In compliance with the requirements information to be collected; and (d) of Section 506(c)(2)(A) of the Paperwork ways to minimize the burden Administration for Community Living Reduction Act of 1995, the information to be collected; and (d) Agency Information Collection Administration for Children and ways to minimize the burden of the Activities; Proposed Collection; Public Families is soliciting public comment collection of information on Comment Request; Senior Medicare on the specific aspects of the respondents, including through the use Patrol (SMP) Program National information collection described above. of automated collection techniques or Beneficiary Survey Copies of the proposed collection of other forms of information technology. information can be obtained and Consideration will be given to AGENCY: Administration for Community comments may be forwarded by writing comments and suggestions submitted Living, HHS. to the Administration for Children and within 60 days of this publication. ACTION: Notice. Families, Office of Planning, Research and Evaluation, 330 C Street SW.; Robert Sargis, SUMMARY: The Administration for Washington, DC 20202; Attn: ACF Reports Clearance Officer. Community Living (ACL) is announcing Reports Clearance Officer. Email [FR Doc. 2016–26917 Filed 11–7–16; 8:45 am] that the proposed collection of information listed above has been address: [email protected]. All BILLING CODE 4184–01–P requests should be identified by the title submitted to the Office of Management of the information collection. and Budget (OMB) for review and The Department specifically requests clearance under the Paperwork comments on: (a) Whether the proposed Reduction Act of 1995. collection of information is necessary DATES: Submit written comments on the for the proper performance of the collection of information by December functions of the agency, including 8, 2016. whether the information shall have ADDRESSES: Submit written comments practical utility; (b) the accuracy of the on the collection of information by fax agency’s estimate of the burden of the 202–395–5806 or by email to

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[email protected], Attn: individuals. The survey will focus on national level (53 states/territories × 75 OMB Desk Officer for ACL. education session presentations and the responses per state/territory). SMP will FOR FURTHER INFORMATION CONTACT: individuals who attend them, to use the following factors to draw a Katherine Glendening by phone: 202– determine if the target audience is representative sample of education 795–7350 or email: satisfied with the information they are session attendees: [email protected]. receiving. While the SMP program • Randomly select 18 states and SUPPLEMENTARY INFORMATION: In currently tracks output and outcome territories to be surveyed in Years 1 and compliance with section 44 U.S.C. 3507, measures such as number of SMP Team 2 and 17 states/territories in Year 3, ACL has submitted the following members, group outreach and education with the states/territories stratified by proposed collection of information to events, individual interactions, and the average number of education session OMB for review and clearance. savings, customer satisfaction is not one attendees per month. Proposed Collection: Evaluation of the of them. As a result, there is no current • Survey a specific site no more than Senior Medicare Patrols (SMP) program, understanding of the link between the once. U.S. Department of Health and Human quality of the information received and • Sample from at least five presenters Services (HHS), U.S. Administration for the likelihood to avoid healthcare fraud, in each state/territory. Community Living (ACL). errors, and abuse. • Survey no fewer than five events Need and Use of Information Comments in Response to the 60-Day and no more than 20 events in each Collection: The SMP Customer Federal Register Notice state/territory. Satisfaction Survey is a survey of • A notice was published in the Federal Survey no more than two events per individuals who attend Senior Medicare month in each state/territory. Patrol (SMP) presentations to Register in Vol. 81, No. 125/Wednesday, To generate a sample with a 95% understand the potential for fraud, June 29, 2016, Pages 42360–42361, confidence level at the national level, a waste, and abuse within health care announcing that ACL was requesting minimum of 384 responses will be programs generally and Medicare/ approval of a data collection (ICR New). required, which is based on over Medicaid specifically. The Senior No comments were received. 450,000 education session attendees in Medicare Patrols Program (SMP) was Estimated Data Burden created under Titles II and IV of the 2014. SMP anticipates collecting 75 Older Americans Act (42 U.S.C. 3032), The SMP survey will be conducted completed surveys per state/territory, the amendments of 2006 (Pub. L. 109– over a three-year period beginning in for a total collection of 3,975 completed 365) and the Health Insurance Fiscal Year 2017 (FY 2017). Sites in surveys. This larger collection will Portability and Accountability Act of each of the 50 states, the District of enable ACL to make state-to-state 1996 (Pub. L. 104–191). The mission of Columbia, and the territories of Guam comparisons, which is an important the SMP program is to empower and and Puerto Rico will be surveyed once feature of this survey. Specifically, state- assist Medicare beneficiaries, their during the three-year period. Results to-state comparisons will allow ACL to families, and caregivers to prevent, from the surveys will be used to identify which states/territories are detect, and report health care fraud, understand satisfaction among providing the best services to their errors, and abuse through outreach, individuals who attend SMP education beneficiaries, and what best practices counseling, and education. The SMP sessions, as well as how the program can be shared across states/territories. program empowers Medicare can be improved to provide better The larger collection will also provide beneficiaries through increased service to its target population. Eighteen each state/territory with sufficient awareness and understanding of (18) unique states/territories will be information to take local action to healthcare programs and helps them surveyed in FY17, with each state or improve service within budgetary protect themselves from the economic territory expected to generate 75 unique constraints. and health-related consequences of responses, for a total of 1,350 individual The proposed survey instrument may Medicare fraud, waste, and abuse. The responses in Year 1. This process will be viewed on the ACL Web site: http:// SMP program provides services through then be replicated in Year 2 (FY18), www.acl.gov/Programs/CIP/OHIC/ a national network of SMP grantees that with a different group of 18 states and index.aspx. are located in every state, the District of territories being surveyed. In Year 3 OMB approval is requested for 3 Columbia, Puerto Rico, and Guam. In (FY19), the final 17 states/territories years. There are no costs to respondents 2014, SMPs conducted more than will be surveyed. By the end of FY19, other than their time. The average 14,000 education session presentations, SMP will obtain 3,975 completed annual burden associated with these with a total audience of 450,000 surveys to measure satisfaction at the activities is summarized below:

Average Number of Responses burden hours Total average Respondent type respondents per per response annual burden respondent (hrs) (hrs)

Stratified Random Sample ...... 1,325 1 5/60 110.4

Dated: October 27, 2016. Edwin L. Walker, Acting Administrator and Assistant Secretary for Aging. [FR Doc. 2016–26923 Filed 11–7–16; 8:45 am] BILLING CODE 4154–01–P

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DEPARTMENT OF HEALTH AND the President and the Secretary of Proposed Collection: Evaluation of the HUMAN SERVICES Health and Human Services on a broad State Health Insurance Assistance range of topics relating to programs, Program (SHIP), U.S. Department of Administration for Community Living services and support for individuals Health and Human Services (HHS), U.S. with intellectual disabilities. The PCPID Administration for Community Living Administration on Intellectual and executive order stipulates that the (ACL). Developmental Disabilities, President’s Committee shall: (1) Provide such Need and Use of Information Committee for People With Intellectual advice concerning intellectual Collection: The SHIP Customer Disabilities disabilities as the President or the Satisfaction Survey is a survey of individuals who meet with State Health AGENCY: Administration for Community Secretary of Health and Human Services Living, HHS. may request; and (2) provide advice to Insurance Assistance Program (SHIP) the President concerning the following Counselors to better understand their ACTION: Notice. for people with intellectual disabilities: Medicare options. SHIP provides free, one-on-one counseling to the public, DATES: (A) Expansion of educational Wednesday, November 30, 2016 and the SHIP Customer Satisfaction from 9:00 a.m. to 5:00 p.m.; and opportunities; (B) promotion of homeownership; (C) assurance of Survey will be used to measure Thursday, December 1, 2016 from 9:00 individuals’ satisfaction with their a.m. to 3:00 p.m. workplace integration; (D) improvement of transportation options; (E) expansion counseling experience. These meetings will be open to the The State Health Insurance Assistance general public. of full access to community living; and (F) increasing access to assistive and Program (SHIP) was created under ADDRESSES: These meetings will be held universally designed technologies. Section 4360 of the Omnibus Budget in U.S. Department of Health and Reconciliation Act (OBRA) of 1990 (P.L. Human Services/Hubert H. Humphrey Dated: October 27, 2016. 101–508). SHIP was created to provide Building located at 200 Independence Aaron Bishop, grant funding to states/territories, who Avenue SW., Conference Room 505A, Commissioner, Administration on Disabilities in turn provide ‘‘. . . information, Washington, DC 20201. Individuals who (AoD) counseling, and assistance . . . to would like to participate via conference [FR Doc. 2016–26880 Filed 11–7–16; 8:45 am] individuals who are eligible to receive call may do so by dialing toll-free #: BILLING CODE 4154–01–P benefits under title XVIII of the Social 888–677–5620, when prompted enter Security Act’’ (Medicare). SHIP grants pass code: 1697798. Individuals whose help Medicare beneficiaries and their full participation in the meeting will DEPARTMENT OF HEALTH AND families to obtain information about require special accommodations (e.g., HUMAN SERVICES topics, such as Medicare enrollment sign language interpreting services, (Parts A and B), Medicare Advantage assistive listening devices, materials in Administration for Community Living plans (Part C), prescription drug alternative format such as large print or Agency Information Collection coverage (Part D), Medicare Savings Braille) should notify Ms. Allison Cruz, Activities; Proposed Collection; Public Programs (MSPs), supplemental Director, Office of Innovation, via email Comment Request; Evaluation of the insurance policies (Medigap), Medicaid at [email protected], or via State Health Insurance Assistance issues, and other health insurance telephone at 202–795–7334, no later Program (SHIP) issues. The survey will gauge than Monday, November 18, 2016. The individuals’ satisfaction with the PCPID will attempt to accommodate AGENCY: Administration for Community services provided by SHIP counselors. requests made after this date, but cannot Living, HHS. While the SHIP program currently guarantee the ability to grant requests ACTION: Notice. tracks the number of contacts the received after the deadline. All meeting program makes with individual citizens, sites are barrier free, consistent with the SUMMARY: The Administration for as well as descriptive information about Americans with Disabilities Act (ADA) Community Living (ACL) is announcing counseling sessions such as topic, and the Federal Advisory Committee that the proposed collection of location, and beneficiary demographics, Act (FACA). information listed above has been the program does not track outcome AGENDA: The Committee Members will submitted to the Office of Management measurements, including customer discuss preparation of the PCPID 2017 and Budget (OMB) for review and satisfaction. Report to the President, including its clearance under the Paperwork Reduction Act of 1995. Comments in Response to the 60-Day content and format, and related data Federal Register Notice collection and analysis required to DATES: Comments must be received by complete the writing of the Report. They December 8, 2016. A notice was published in the Federal Register in Vol. 81, No. 124/Tuesday, will also receive presentations from ADDRESSES: Submit written comments selected experts in the field of on the collection of information by fax June 28, 2016, Pages 41974–41975, Intellectual and Developmental 202.395.5806 or by email to OIRA_ announcing that ACL was requesting Disabilities. [email protected], Attn: OMB approval of a data collection (ICR New). No comments were received. ADDITIONAL INFORMATION: For further Desk Officer for ACL. information, please contact Ms. Allison FOR FURTHER INFORMATION CONTACT: Estimated Data Burden Cruz, Director, Office of Innovation, 330 Katherine Glendening by phone: 202– The SHIP survey will be conducted C Street SW., Switzer Building, Room 795–7350 or email: over a three-year period beginning in 1114, Washington, DC 20201. [email protected]. Fiscal Year 2017 (FY 2017), with sites Telephone: 202–795–7334. Fax: 202– SUPPLEMENTARY INFORMATION: In in each of the 50 states, the District of 795–7334. Email: Allison.Cruz@ compliance with section 44 U.S.C. 3507, Columbia and the territories of Guam, acl.hhs.gov. ACL has submitted the following Puerto Rico and the U.S. Virgin Islands SUPPLEMENTARY INFORMATION: The proposed collection of information to being surveyed once during the three- PCPID acts in an advisory capacity to OMB for review and clearance. year period. Results from the surveys

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will be used to understand satisfaction Æ One week in the fall (during the 384 responses will be required (n = among individuals who receive SHIP annual Medicare Open Enrollment 3,000,000 counseling sessions in 2015). Medicare assistance/counseling, as well, Period) SHIP anticipates collecting 75 as how the program can be improved to • Focus only on non-redundant completed surveys per state/territory, provide better service to its target individuals (i.e., a random sample for a total collection of 4,050 completed population. Eighteen (18) unique states/ without replacement of individuals who surveys over the 3-year period. This territories will be surveyed in FY 2017, receive SHIP counseling). larger collection will enable ACL to • Randomly select 18 states and with each state/territory expected to make state-to-state comparisons, which territories to be surveyed each year, generate 75 unique responses, for a total is an important feature of this survey. with the states/territories stratified by of 1,350 individual responses in Year 1. data collection method* and the size of Specifically, state-to-state comparisons This process will then be replicated in the Medicare-eligible population. will allow ACL to identify which states/ Year 2 (FY 2018) and Year 3 (FY 2019), * Data collection method refers to how territories are providing the best with a different unique group of 18 each state/territory collects and enters services to their beneficiaries, and what states and territories being surveyed its records of counseling sessions. The best practices can be shared across each year. By the end of FY19, SHIP majority of states/territories (29 of 54) states/territories. The larger collection will obtain 4,050 completed surveys to directly enter counseling records into will also provide each state/territory measure satisfaction at the state and SHIP’s National Performance Reporting with sufficient information to take local national levels (18 states/territories × 75 (NPR) system, but the remaining states/ action to improve service within responses per state × 3 years). SHIP will territories upload data in batches at the budgetary constraints. use the following factors to draw a end of each month. To ensure that the The proposed survey instrument may representative sample of beneficiaries batch upload states/territories will be be viewed on the Web site: http:// who received assistance/counseling: able to pull weekly samples twice per www.acl.gov/Programs/CIP/OHIC/ year, we will limit these states/ • index.aspx. Review counseling sessions at two territories to Years 2 and 3 of the survey points each year: administration period, thereby allowing OMB approval is requested for 3 Æ One week in the spring (outside of for technical assistance to these states/ years. There are no costs to respondents the annual Medicare Open Enrollment territories if necessary. other than their time. The average Period) To generate a sample with a 95% annual burden associated with these confidence level at the national level activities is summarized below:

Average Total Number of Responses burden hours average Respondent type respondents per per response annual burden respondent (hours) (hours)

Stratified Random Sample ...... 1,350 1 8/60 180

Dated: October 27, 2016. with the Pharmaceutical Users Software including attachments, to http:// Edwin L. Walker, Exchange (PhUSE), an independent, www.regulations.gov will be posted to Acting Administrator and Assistant Secretary non-profit consortium addressing the docket unchanged. Because your for Aging. computational science issues, a PhUSE comment will be made public, you are [FR Doc. 2016–26924 Filed 11–7–16; 8:45 am] working group developed the PhUSE solely responsible for ensuring that your BILLING CODE 4154–01–P SDSP template. The purpose of this comment does not include any review is to evaluate the template and confidential information that you or a determine whether FDA will third party may not wish to be posted, DEPARTMENT OF HEALTH AND recommend its use either as is, or in a such as medical information, your or HUMAN SERVICES modified form, for regulatory anyone else’s Social Security number, or submissions of study data. FDA is confidential business information, such Food and Drug Administration seeking public comment on the use of as a manufacturing process. Please note [Docket No. FDA–2016–N–3362] the PhUSE SDSP template for regulatory that if you include your name, contact submissions. information, or other information that Intent To Review a Study Data DATES: Although you can comment on identifies you in the body of your Standardization Plan Template; Notice the PhUSE SDSP template at any time, comments, that information will be of Availability; Establishment of a to ensure that the Agency considers posted on http://www.regulations.gov. • If you want to submit a comment Public Docket; Request for Comments your comments in this review, please with confidential information that you submit either electronic or written AGENCY: Food and Drug Administration, do not wish to be made available to the comments by January 9, 2017. HHS. public, submit the comment as a ACTION: Notice of availability; request ADDRESSES: You may submit comments written/paper submission and in the for comments. as follows: manner detailed (see ‘‘Written/Paper Electronic Submissions Submissions’’ and ‘‘Instructions’’). SUMMARY: The Food and Drug Administration (FDA), Center for Drug Submit electronic comments in the Written/Paper Submissions Evaluation and Research, is establishing following way: Submit written/paper submissions as a public docket to collect comments • Federal eRulemaking Portal: http:// follows: related to a proposed Study Data www.regulations.gov. Follow the • Mail/Hand delivery/Courier (for Standardization Plan (SDSP) template. instructions for submitting comments. written/paper submissions): Division of As part of FDA’s ongoing collaboration Comments submitted electronically, Dockets Management (HFA–305), Food

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and Drug Administration, 5630 Fishers Management, 5630 Fishers Lane, Rm. all matters regarding the use of the Lane, Rm. 1061, Rockville, MD 20852. 1061, Rockville, MD 20852. PhUSE SDSP template. • For written/paper comments FOR FURTHER INFORMATION CONTACT: II. Electronic Access submitted to the Division of Dockets Crystal Allard, Center for Drug The PhUSE SDSP template is Management, FDA will post your Evaluation and Research, Food and available at: http://www.phusewiki.org/ comment, as well as any attachments, Drug Administration, 10903 New wiki/images/e/ea/SDSP_Template.pdf. except for information submitted, Hampshire Ave., Bldg. 21, Rm. 1518, marked and identified, as confidential, Silver Spring, MD 20993–0002, 301– Dated: November 2, 2016. if submitted as detailed in 796–8856, [email protected]. Leslie Kux, ‘‘Instructions.’’ SUPPLEMENTARY INFORMATION: Associate Commissioner for Policy. Instructions: All submissions received [FR Doc. 2016–26913 Filed 11–7–16; 8:45 am] must include the Docket No. FDA– I. Background BILLING CODE 4164–01–P 2016–N–3362 for ‘‘Intent to Review a Study Data Standardization Plan FDA is a participating member of PhUSE, an independent, non-profit Template.’’ Received comments will be DEPARTMENT OF HEALTH AND consortium of academic, regulatory, placed in the docket and, except for HUMAN SERVICES those submitted as ‘‘Confidential non-profit, and private sector entities. Submissions,’’ publicly viewable at PhUSE provides a global platform for Food and Drug Administration http://www.regulations.gov or at the the discussion of topics encompassing [Docket No. FDA–2013–D–0743] Division of Dockets Management the work of biostatisticians, data between 9 a.m. and 4 p.m., Monday managers, statistical programmers, and e-clinical information technology Medical Device Reporting for through Friday. Manufacturers; Guidance for Industry • Confidential Submissions—To professionals, with the mission of providing an open, transparent, and and Food and Drug Administration submit a comment with confidential Staff; Availability information that you do not wish to be collaborative forum to address made publicly available, submit your computational science issues. As part of AGENCY: Food and Drug Administration, comments only as a written/paper this collaboration, PhUSE working HHS. submission. You should submit two groups develop and periodically publish ACTION: Notice of availability. copies total. One copy will include the proposals for enhancing the review and information you claim to be confidential analysis of human and animal study SUMMARY: The Food and Drug with a heading or cover note that states data submitted to regulatory agencies. Administration (FDA) is announcing the ‘‘THIS DOCUMENT CONTAINS You can learn more about PhUSE availability of the guidance entitled CONFIDENTIAL INFORMATION.’’ The working groups at http://www.phuse.eu/ ‘‘Medical Device Reporting for Agency will review this copy, including cs-working-groups.aspx. (FDA has Manufacturers; Guidance for Industry the claimed confidential information, in verified the Web site addresses as of the and Food and Drug Administration its consideration of comments. The date this document publishes in the Staff.’’ This guidance document is second copy, which will have the Federal Register, but Web sites are intended to assist medical device claimed confidential information subject to change over time.) manufacturers meet applicable reporting redacted/blacked out, will be available In December 2014, FDA published the and recordkeeping requirements for for public viewing and posted on http:// Study Data Technical Conformance certain device-related adverse events www.regulations.gov. Submit both Guide (the ‘‘Guide,’’ available at http:// and malfunctions. copies to the Division of Dockets www.fda.gov/ForIndustry/ DATES: Submit either electronic or Management. If you do not wish your DataStandards/StudyDataStandards/ written comments on this guidance at name and contact information to be default.htm), which contains technical any time. General comments on Agency made publicly available, you can recommendations to sponsors for the guidance documents are welcome at any provide this information on the cover submission of animal and human study time. sheet and not in the body of your data and related information in a ADDRESSES: You may submit comments comments and you must identify this standardized electronic format. In as follows: information as ‘‘confidential.’’ Any section 2.1 of the Guide, FDA information marked as ‘‘confidential’’ recommends that sponsors should Electronic Submissions will not be disclosed except in include a plan (e.g., in the IND) Submit electronic comments in the accordance with 21 CFR 10.20 and other describing the submission of following way: applicable disclosure law. For more standardized study data to FDA. FDA’s • Federal eRulemaking Portal: http:// information about FDA’s posting of Study Data Standards Resources Web www.regulations.gov. Follow the comments to public dockets, see 80 FR page provides recommendations for instructions for submitting comments. 56469, September 18, 2015, or access preparing an SDSP (http://www.fda.gov/ Comments submitted electronically, the information at: http://www.fda.gov/ downloads/ForIndustry/DataStandards/ including attachments, to http:// regulatoryinformation/dockets/ StudyDataStandards/UCM447119.pdf). www.regulations.gov/ will be posted to default.htm. FDA now intends to review the the docket unchanged. Because your Docket: For access to the docket to PhUSE SDSP template, a deliverable of comment will be made public, you are read background documents or the the working group effort described solely responsible for ensuring that your electronic and written/paper comments previously in this document, with the comment does not include any received, go to http:// potential result that FDA could confidential information that you or a www.regulations.gov and insert the recommend the use of the template in third party may not wish to be posted, docket number, found in brackets in the its current form, or in a modified form, such as medical information, your or heading of this document, into the for use in the regulatory submission of anyone else’s Social Security number, or ‘‘Search’’ box and follow the prompts study data in conformance with the confidential business information, such and/or go to the Division of Dockets Guide. FDA invites public comment on as a manufacturing process. Please note

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that if you include your name, contact accordance with 21 CFR 10.20 and other comments received and revised the information, or other information that applicable disclosure law. For more guidance as appropriate. identifies you in the body of your information about FDA’s posting of This document supersedes the draft comments, that information will be comments to public dockets, see 80 FR entitled, ‘‘Medical Device Reporting for posted on http://www.regulations.gov. 56469, September 18, 2015, or access Manufacturers; Guidance for Industry • If you want to submit a comment the information at: http://www.fda.gov/ and Food and Drug Administration with confidential information that you regulatoryinformation/dockets/ Staff,’’ dated July 9, 2013, and the do not wish to be made available to the default.htm. previous guidance on this topic, public, submit the comment as a Docket: For access to the docket to ‘‘Medical Device Reporting for written/paper submission and in the read background documents or the Manufacturers,’’ issued March 1997. manner detailed (see ‘‘Written/Paper electronic and written/paper comments II. Significance of Guidance Submissions’’ and ‘‘Instructions’’). received, go to http:// This guidance is being issued Written/Paper Submissions www.regulations.gov and insert the docket number, found in brackets in the consistent with FDA’s good guidance Submit written/paper submissions as heading of this document, into the practices regulation (21 CFR 10.115). follows: The guidance represents the current • ‘‘Search’’ box and follow the prompts Mail/Hand delivery/Courier (for and/or go to the Division of Dockets thinking of FDA on medical device written/paper submissions): Division of Management, 5630 Fishers Lane, Rm. reporting. It does not establish any Dockets Management (HFA–305), Food 1061, Rockville, MD 20852. rights for any person and is not binding and Drug Administration, 5630 Fishers An electronic copy of the guidance on FDA or the public. You can use an Lane, Rm. 1061, Rockville, MD 20852. document is available for download alternative approach if it satisfies the • For written/paper comments from the Internet. See the requirements of the applicable statutes submitted to the Division of Dockets SUPPLEMENTARY INFORMATION section for and regulations. Management, FDA will post your information on electronic access to the comment, as well as any attachments, III. Electronic Access guidance. Submit written requests for a except for information submitted, Persons interested in obtaining a copy single hard copy of the guidance marked and identified, as confidential, of the guidance may do so by document entitled ‘‘Medical Device if submitted as detailed in downloading an electronic copy from Reporting for Manufacturers’’ to the ‘‘Instructions.’’ the Internet. A search capability for all Office of the Center Director, Guidance Instructions: All submissions received Center for Devices and Radiological and Policy Development, Center for must include the Docket No. FDA– Health guidance documents is available Devices and Radiological Health, Food 2013–D–0743 for ‘‘Medical Device at http://www.fda.gov/MedicalDevices/ and Drug Administration, 10903 New Reporting for Manufacturers’’. Received DeviceRegulationandGuidance/ Hampshire Ave., Bldg. 66, Rm. 5431, comments will be placed in the docket GuidanceDocuments/default.htm. Silver Spring, MD 20993–0002. Send and, except for those submitted as Guidance documents are also available one self-addressed adhesive label to ‘‘Confidential Submissions,’’ publicly at http://www.regulations.gov. Persons assist that office in processing your viewable at http://www.regulations.gov unable to download an electronic copy request. or at the Division of Dockets of ‘‘Medical Device Reporting for Management between 9 a.m. and 4 p.m., FOR FURTHER INFORMATION CONTACT: Manufacturers; Guidance for Industry Monday through Friday. Isaac Chang, Center for Devices and and Food and Drug Administration • Confidential Submissions—To Radiological Health, Food and Drug Staff’’ may send an email request to submit a comment with confidential Administration, 10903 New Hampshire [email protected] to receive information that you do not wish to be Ave., Bldg. 66, Rm. 3114, Silver Spring, an electronic copy of the document. made publicly available, submit your MD 20993–0002, 301–796–2789. Please use the document number 1828 comments only as a written/paper SUPPLEMENTARY INFORMATION: to identify the guidance you are submission. You should submit two requesting. copies total. One copy will include the I. Background information you claim to be confidential Medical device reporting under IV. Paperwork Reduction Act of 1995 with a heading or cover note that states section 519(a) of the Federal Food Drug, This guidance refers to previously ‘‘THIS DOCUMENT CONTAINS and Cosmetic Act (21 U.S.C. 360i(a)) approved collections of information CONFIDENTIAL INFORMATION’’. The provides a mechanism that allows FDA found in FDA regulations. These Agency will review this copy, including and device manufacturers, user collections of information are subject to the claimed confidential information, in facilities, and importer of medical review by the Office of Management and its consideration of comments. The devices to identify and monitor adverse Budget (OMB) under the Paperwork second copy, which will have the events (deaths and serious injuries) and Reduction Act of 1995 (44 U.S.C. 3501– claimed confidential information certain malfunctions involving your 3520). The collections of information in redacted/blacked out, will be available medical devices. The goal is to detect 21 CFR parts 801 and 809, regarding for public viewing and posted on http:// and correct problems in a timely labeling, have been approved under www.regulations.gov. Submit both manner. This guidance updates FDA’s OMB control number 0910–0485; the copies to the Division of Dockets policy and clarifies FDA’s collections of information in part 803, Management. If you do not wish your interpretations of the regulatory regarding medical device reporting, name and contact information to be requirements under part 803 (21 CFR have been approved under OMB control made publicly available, you can part 803) and includes a section on number 0910–0437; the collections of provide this information on the cover common reporting errors. information in 21 CFR part 806, sheet and not in the body of your The draft of this guidance was made regarding corrections and removals, comments and you must identify this available in the Federal Register on July have been approved under OMB control information as ‘‘confidential.’’ Any 9, 2013 (78 FR 41069), and the comment number 0910–0359; the collections of information marked as ‘‘confidential’’ period closed October 7, 2013. FDA information in 21 CFR part 807, subpart will not be disclosed except in reviewed and considered all public E, regarding premarket notification,

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have been approved under OMB control DATES: Submit either electronic or information that you do not wish to be number 0910–0120; the collections of written comments on Agency guidances made publicly available, submit your information in 21 CFR part 812, at any time. comments only as a written/paper regarding investigational device ADDRESSES: You may submit comments submission. You should submit two exemptions, have been approved under as follows: copies total. One copy will include the OMB control number 0910–0078; the information you claim to be confidential collections of information in 21 CFR Electronic Submissions with a heading or cover note that states part 814, subparts A through E, Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS regarding premarket approval, have following way: CONFIDENTIAL INFORMATION.’’ The been approved under OMB control • Federal eRulemaking Portal: http:// Agency will review this copy, including number 0910–0231; the collections of www.regulations.gov. Follow the the claimed confidential information, in information in 21 CFR part 820, instructions for submitting comments. its consideration of comments. The regarding quality system regulations, Comments submitted electronically, second copy, which will have the have been approved under OMB control including attachments, to http:// claimed confidential information number 0910–0073; the collections of www.regulations.gov will be posted to redacted/blacked out, will be available information regarding MedWatch: The the docket unchanged. Because your for public viewing and posted on http:// Food and Drug Administration Medical comment will be made public, you are www.regulations.gov. Submit both Products Reporting Program have been solely responsible for ensuring that your copies to the Division of Dockets approved under OMB control number comment does not include any Management. If you do not wish your 0910–0291; and the collections of confidential information that you or a name and contact information to be information regarding the Adverse third party may not wish to be posted, made publicly available, you can Event Program for Medical Devices such as medical information, your or provide this information on the cover (Medical Product Safety Network anyone else’s Social Security number, or sheet and not in the body of your (MedSun)) have been approved under confidential business information, such comments and you must identify this OMB control number 0910–0471. as a manufacturing process. Please note information as ‘‘confidential.’’ Any that if you include your name, contact Dated: November 3, 2016. information marked as ‘‘confidential’’ information, or other information that Leslie Kux, will not be disclosed except in identifies you in the body of your accordance with 21 CFR 10.20 and other Associate Commissioner for Policy. comments, that information will be applicable disclosure law. For more [FR Doc. 2016–26933 Filed 11–7–16; 8:45 am] posted on http://www.regulations.gov. information about FDA’s posting of • BILLING CODE 4164–01–P If you want to submit a comment comments to public dockets, see 80 FR with confidential information that you 56469, September 18, 2015, or access do not wish to be made available to the the information at: http://www.fda.gov/ DEPARTMENT OF HEALTH AND public, submit the comment as a regulatoryinformation/dockets/ HUMAN SERVICES written/paper submission and in the default.htm. manner detailed (see ‘‘Written/Paper Food and Drug Administration Docket: For access to the docket to Submissions’’ and ‘‘Instructions’’). read background documents or the Written/Paper Submissions electronic and written/paper comments [Docket No. FDA–2010–D–0075] received, go to http:// Submit written/paper submissions as www.regulations.gov and insert the Non-Inferiority Clinical Trials To follows: Establish Effectiveness; Guidance for • Mail/Hand delivery/Courier (for docket number, found in brackets in the Industry; Availability written/paper submissions): Division of heading of this document, into the Dockets Management (HFA–305), Food ‘‘Search’’ box and follow the prompts AGENCY: Food and Drug Administration, and Drug Administration, 5630 Fishers and/or go to the Division of Dockets HHS. Lane, Rm. 1061, Rockville, MD 20852. Management, 5630 Fishers Lane, Rm. ACTION: Notice of availability. • For written/paper comments 1061, Rockville, MD 20852. submitted to the Division of Dockets Submit written requests for single SUMMARY: The Food and Drug Management, FDA will post your copies of this guidance to the Division Administration (FDA or Agency) is comment, as well as any attachments, of Drug Information, Center for Drug announcing the availability of a except for information submitted, Evaluation and Research, Food and guidance for industry entitled ‘‘Non- marked and identified, as confidential, Drug Administration, 10001 New Inferiority Clinical Trials to Establish if submitted as detailed in Hampshire Ave., Hillandale Building, Effectiveness.’’ This document provides ‘‘Instructions.’’ 4th Floor, Silver Spring, MD 20993– guidance to sponsors and applicants Instructions: All submissions received 0002 or the Office of Communication, submitting investigational new drug must include the Docket No. FDA– Outreach and Development, Center for applications (INDs), new drug 2010–D–0075 for ‘‘Non-Inferiority Biologics Evaluation and Research applications (NDAs), biologics licensing Clinical Trials to Establish (CBER), Food and Drug Administration, applications (BLAs), or supplemental Effectiveness; Guidance for Industry.’’ 10903 New Hampshire Ave., Bldg. 71, applications on the appropriate use of Received comments will be placed in Rm. 3128, Silver Spring, MD 20993– non-inferiority (NI) study designs to the docket and, except for those 0002. Send one self-addressed adhesive provide evidence of the effectiveness of submitted as ‘‘Confidential label to assist that office in processing a drug or biologic. The guidance gives Submissions,’’ publicly viewable at your requests. See the SUPPLEMENTARY advice on when NI studies http://www.regulations.gov or at the INFORMATION section for electronic demonstrating effectiveness of an Division of Dockets Management access to the guidance document. investigational drug can provide between 9 a.m. and 4 p.m., Monday FOR FURTHER INFORMATION CONTACT: interpretable results, how to choose the through Friday. Scott Goldie, Center for Drug Evaluation NI margin, and how to test the NI • Confidential Submissions—To and Research, Food and Drug hypothesis. submit a comment with confidential Administration, 10903 New Hampshire

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Ave., Bldg. 21, Rm. 3557, Silver Spring, Dated: November 3, 2016. Therapeutic Equivalence Evaluations,’’ MD 20993–0002, 301–796–2055; or Leslie Kux, which is known generally as the Robert Temple, Center for Drug Associate Commissioner for Policy. ‘‘Orange Book.’’ Under FDA regulations, Evaluation and Research, Food and [FR Doc. 2016–26931 Filed 11–7–16; 8:45 am] drugs are removed from the list if the Drug Administration, 10903 New BILLING CODE 4164–01–P Agency withdraws or suspends Hampshire Ave., Bldg. 22, Rm. 4212, approval of the drug’s NDA or ANDA Silver Spring, MD 20993–0002, 301– for reasons of safety or effectiveness or 796–2270; or Stephen Ripley, Center for DEPARTMENT OF HEALTH AND if FDA determines that the listed drug Biologics Evaluation and Research, HUMAN SERVICES was withdrawn from sale for reasons of Food and Drug Administration, 10903 safety or effectiveness (21 CFR 314.162). A person may petition the Agency to New Hampshire Ave., Bldg. 71, Rm. Food and Drug Administration determine, or the Agency may 7301, Silver Spring, MD 20993–0002, [Docket No. FDA–2016–P–2674] determine on its own initiative, whether 240–402–7911. Determination That CALAN SR a listed drug was withdrawn from sale SUPPLEMENTARY INFORMATION: (Verapamil Hydrochloride) Extended- for reasons of safety or effectiveness. This determination may be made at any Release Oral Tablet, 180 Milligrams, I. Background time after the drug has been withdrawn Was Not Withdrawn From Sale for from sale, but must be made prior to FDA is announcing the availability of Reasons of Safety or Effectiveness approving an ANDA that refers to the a guidance for industry entitled ‘‘Non- listed drug (§ 314.161 (21 CFR 314.161)). Inferiority Clinical Trials to Establish AGENCY: Food and Drug Administration, FDA may not approve an ANDA that Effectiveness.’’ This guidance consists HHS. ACTION: Notice. does not refer to a listed drug. of four parts. The first part is a general CALAN SR (verapamil hydrochloride) discussion of regulatory, study design, SUMMARY: The Food and Drug extended-release oral tablet, 180 mg, is scientific, and statistical issues Administration (FDA or Agency) has the subject of NDA 019152 held by associated with the use of NI studies to determined that CALAN SR (verapamil Pfizer Inc. CALAN SR is indicated for establish the effectiveness of a drug or hydrochloride) extended-release oral the treatment of hypertension, to lower biologic. The second part focuses on tablet, 180 milligrams (mg), was not blood pressure. CALAN SR (verapamil some of these issues in more detail, withdrawn from sale for reasons of hydrochloride) extended-release oral notably the statistical approaches used safety or effectiveness. This tablet, 180 mg, is currently listed in the to determine the NI margin and to test determination will allow FDA to ‘‘Discontinued Drug Product List’’ for non-inferiority. The third part approve abbreviated new drug section of the Orange Book. addresses commonly asked questions applications (ANDAs) for verapamil Heritage Pharma Labs, Inc., submitted about NI studies. The fourth part hydrochloride extended-release oral a citizen petition dated August 31, 2016 includes four examples of successful tablet, 180 mg, if all other legal and (Docket No. FDA–2016–P–2674), under and unsuccessful efforts to define NI regulatory requirements are met. 21 CFR 10.30, requesting that the Agency determine whether CALAN SR margins and test for non-inferiority. FOR FURTHER INFORMATION CONTACT: (verapamil hydrochloride) extended- This guidance finalizes the draft Stacy Kane, Center for Drug Evaluation release oral tablet, 180 mg, was guidance for industry, ‘‘Non-Inferiority and Research, Food and Drug withdrawn from sale for reasons of Clinical Trials,’’ published in 2010. In Administration, 10903 New Hampshire safety or effectiveness. addition, it supersedes the guidance for Ave., Bldg. 51, Rm. 6236, Silver Spring, After considering the citizen petition industry, ‘‘Antibacterial Drug Products: MD 20993–0002, 301–796–8363. and reviewing Agency records, and Use of Noninferiority Trials to Support SUPPLEMENTARY INFORMATION: In 1984, based on the information we have at this Approval,’’ also published in 2010, Congress enacted the Drug Price time, FDA has determined under which will be withdrawn. Competition and Patent Term § 314.161 that CALAN SR (verapamil This guidance is being issued Restoration Act of 1984 (Pub. L. 98–417) hydrochloride) extended-release oral consistent with FDA’s good guidance (the 1984 amendments), which tablet, 180 mg, was not withdrawn for practices regulation (21 CFR 10.115). authorized the approval of duplicate reasons of safety or effectiveness. The The guidance represents the current versions of drug products under an petitioner has identified no data or other thinking of FDA on NI clinical trials to ANDA procedure. ANDA applicants information suggesting that CALAN SR establish effectiveness. It does not must, with certain exceptions, show that (verapamil hydrochloride) extended- the drug for which they are seeking establish any rights for any person and release oral tablet, 180 mg, was approval contains the same active is not binding on FDA or the public. withdrawn for reasons of safety or ingredient in the same strength and You can use an alternative approach if effectiveness. We have carefully dosage form as the ‘‘listed drug,’’ which it satisfies the requirements of the reviewed our files for records is a version of the drug that was concerning the withdrawal of CALAN applicable statutes and regulations. previously approved. ANDA applicants SR (verapamil hydrochloride) extended- II. Electronic Access do not have to repeat the extensive release oral tablet, 180 mg, from sale. clinical testing otherwise necessary to We have also independently evaluated Persons with access to the Internet gain approval of a new drug application relevant literature and data for possible may obtain the guidance at http:// (NDA). postmarketing adverse events. We have www.fda.gov/Drugs/Guidance The 1984 amendments include what found no information that would ComplianceRegulatoryInformation/ is now section 505(j)(7) of the Federal indicate that this drug product was Guidances/default.htm; http:// Food, Drug, and Cosmetic Act (21 U.S.C. withdrawn from sale for reasons of www.fda.gov/BiologicsBloodVaccines/ 355(j)(7)), which requires FDA to safety or effectiveness. GuidanceComplianceRegulatory publish a list of all approved drugs. Accordingly, the Agency will Information/Guidances/default.htm; or FDA publishes this list as part of the continue to list CALAN SR (verapamil http://www.regulations.gov. ‘‘Approved Drug Products With hydrochloride) extended-release oral

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tablet, 180 mg, in the ‘‘Discontinued ADDRESSES: Location: The public Instructions: All submissions received Drug Product List’’ section of the Orange workshop will be held at the Barbara must include the Docket No. FDA– Book. The ‘‘Discontinued Drug Product Jordan Conference Center at the Kaiser 2016–N–3631 for ‘‘Ninth Annual List’’ delineates, among other items, Family Foundation, 1330 G St. NW., Sentinel Initiative; Public Workshop.’’ drug products that have been Washington, DC 20005. For additional Received comments will be placed in discontinued from marketing for reasons travel and hotel information, please the docket and, except for those other than safety or effectiveness. refer to https://healthpolicy.duke.edu/ submitted as ‘‘Confidential ANDAs that refer to CALAN SR events/ninth-annual-sentinel-initiative- Submissions,’’ publicly viewable at (verapamil hydrochloride) extended- public-workshop. FDA has verified the http://www.regulations.gov or at the release oral tablet, 180 mg, may be meeting Web site addresses throughout Division of Dockets Management approved by the Agency as long as they this notice, but FDA is not responsible between 9 a.m. and 4 p.m., Monday meet all other legal and regulatory for subsequent changes to the Web sites through Friday. requirements for the approval of after this document publishes in the • Confidential Submissions—To ANDAs. If FDA determines that labeling Federal Register. There will also be a submit a comment with confidential for this drug product should be revised live Webcast for those unable to attend information that you do not wish to be to meet current standards, the Agency the meeting in person (see Streaming made publicly available, submit your will advise ANDA applicants to submit Webcast of the Public Workshop). comments only as a written/paper such labeling. You may submit comments as submission. You should submit two Dated: November 3, 2016. follows: copies total. One copy will include the Leslie Kux, information you claim to be confidential Electronic Submissions with a heading or cover note that states Associate Commissioner for Policy. Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS [FR Doc. 2016–26932 Filed 11–7–16; 8:45 am] following way: CONFIDENTIAL INFORMATION.’’ The BILLING CODE 4164–01–P • Federal eRulemaking Portal: http:// Agency will review this copy, including www.regulations.gov. Follow the the claimed confidential information, in its consideration of comments. The DEPARTMENT OF HEALTH AND instructions for submitting comments. second copy, which will have the HUMAN SERVICES Comments submitted electronically, including attachments, to http:// claimed confidential information Food and Drug Administration www.regulations.gov will be posted to redacted/blacked out, will be available the docket unchanged. Because your for public viewing and posted on http:// [Docket No. FDA–2016–N–3631] comment will be made public, you are www.regulations.gov. Submit both solely responsible for ensuring that your copies to the Division of Dockets Ninth Annual Sentinel Initiative; Public comment does not include any Management. If you do not wish your Workshop confidential information that you or a name and contact information to be AGENCY: Food and Drug Administration, third party may not wish to be posted, made publicly available, you can HHS. such as medical information, your or provide this information on the cover ACTION: Notice of public workshop; anyone else’s Social Security number, or sheet and not in the body of your request for comments. confidential business information, such comments and you must identify this as a manufacturing process. Please note information as ‘‘confidential.’’ Any SUMMARY: The Food and Drug that if you include your name, contact information marked as ‘‘confidential’’ Administration (FDA) is announcing a information, or other information that will not be disclosed except in public workshop entitled ‘‘Ninth identifies you in the body of your accordance with 21 CFR 10.20 and other Annual Sentinel Initiative Public comments, that information will be applicable disclosure law. For more Workshop.’’ Convened by the Duke- posted on http://www.regulations.gov. information about FDA’s posting of Margolis Center for Health Policy at • If you want to submit a comment comments to public dockets, see 80 FR Duke University and supported by a with confidential information that you 56469, September 18, 2015, or access cooperative agreement with FDA, this 1- do not wish to be made available to the the information at: http://www.fda.gov/ day workshop will bring the stakeholder public, submit the comment as a regulatoryinformation/dockets/ community together to discuss a variety written/paper submission and in the default.htm. of topics on active medical product manner detailed (see ‘‘Written/Paper Docket: For access to the docket to surveillance. Topics will include an Submissions’’ and ‘‘Instructions’’). read background documents or the update on the state of FDA’s Sentinel electronic and written/paper comments Initiative, including an overview of the Written/Paper Submissions received, go to http:// current state of Sentinel System safety Submit written/paper submissions as www.regulations.gov and insert the surveillance activities, and uses of the follows: docket number, found in brackets in the Sentinel System accomplished in 2016. • Mail/Hand delivery/Courier (for heading of this document, into the In addition, panelists will discuss the written/paper submissions): Division of ‘‘Search’’ box and follow the prompts future of the Sentinel System and Dockets Management (HFA–305), Food and/or go to the Division of Dockets opportunities to expand its medical and Drug Administration, 5630 Fishers Management, 5630 Fishers Lane, Rm. product surveillance capabilities. This Lane, Rm. 1061, Rockville, MD 20852. 1061, Rockville, MD 20852. workshop will also engage stakeholders • For written/paper comments FOR FURTHER INFORMATION CONTACT: to discuss current and emerging submitted to the Division of Dockets Carlos Bell, Center for Drug Evaluation Sentinel Initiative projects. Management, FDA will post your and Research, Food and Drug DATES: The public workshop will be comment, as well as any attachments, Administration, 10903 New Hampshire held on February 2, 2017, from 9 a.m. except for information submitted, Ave., Bldg. 22, Rm. 4343, Silver Spring, to 4:30 p.m., Eastern Standard Time marked and identified, as confidential, MD 20993–0002, 301–796–3714, FAX: (EST). Submit either electronic or if submitted as detailed in 301–796–9832, email: written comments by March 2, 2017. ‘‘Instructions.’’ [email protected].

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SUPPLEMENTARY INFORMATION: Dated: November 3, 2016. former AENT Program will be Registration: To attend the public Leslie Kux, simplified and used for the ANEW workshop, you must register before Associate Commissioner for Policy. program. February 2, 2017, by visiting https:// [FR Doc. 2016–26934 Filed 11–7–16; 8:45 am] HRSA provides advanced education nursing grants to educational healthpolicy.duke.edu/events/ninth- BILLING CODE 4164–01–P annual-sentinel-initiative-public- institutions to increase the numbers of workshop. You may also register for the advanced education nurses through the live Webcast by visiting this Web page. DEPARTMENT OF HEALTH AND ANEW Program. The ANEW Program is There will be no onsite registration. HUMAN SERVICES authorized by Title VIII, Section When registering, please provide the 811(a)(2) of the Public Health Service following information: Your name, title, Health Resources and Services Act, (42 U.S.C. 296j(a)(2)), as amended company or organization (if applicable), Administration by Section 5308 of the Patient Protection and Affordable Care Act of postal address, telephone number, and Agency Information Collection email address. Those without Internet 2010, Public Law 111–148. This renewal Activities: Proposed Collection: Public with revision request includes the access should contact Carlos Bell to Comment Request; The Advanced Project Abstract, Program Narrative, register (See FOR FURTHER INFORMATION Education Nursing Traineeship (AENT) Attachments, and Tables. The proposed CONTACT). There is no registration fee for Program Specific Data Collection ANEW tables are very similar to the the public workshop. However, Forms previous AENT tables and include registration will be on a first-come, first- information on program participants served basis because seating is limited. AGENCY: Health Resources and Services such as the projected number of Therefore, early registration is Administration (HRSA), Department of enrollees/trainees receiving traineeship recommended. Upon registering, Health and Human Services (HHS). support, projected number of graduates attendees will receive an confirmatory ACTION: Notice. receiving traineeship support for the email, containing event materials. A 1- previous fiscal year, the types of hour lunch break is scheduled, but food SUMMARY: In compliance with the requirement for opportunity for public programs they are enrolling into and/or will not be provided. There are multiple from which enrollees/trainees are restaurants within walking distance of comment on proposed data collection projects of the Paperwork Reduction Act graduating, and the distribution of the Barbara Jordan Conference Center at primary care nurse practitioners, the Kaiser Family Foundation. of 1995), HRSA announces plans to submit an Information Collection primary care clinical nurse specialists, If you need special accommodations Request (ICR), described below, to the and nurse-midwives who plan to due to a disability, please contact Office of Management and Budget practice in rural and underserved Joanna Higgison at the Duke-Margolis (OMB). Prior to submitting the ICR to settings. To reduce the reporting burden Center for Health Policy (phone: 908– OMB, HRSA seeks comments from the for applicants, HRSA simplified the 432–4872, email: joanna.higgison@ public regarding the burden estimate tables to focus on the types of providers duke.edu) at least 7 days in advance. below, or any other aspect of the ICR. and practice settings that are included in the statute to determine whether Streaming Webcast of the Public DATES: Comments on this ICR should be applicants qualify for the preference or Workshop: This public workshop will received no later than January 9, 2017. also be Webcast (archived video footage special consideration in making awards ADDRESSES: Submit your comments to will be available following the for this program. [email protected] or mail the HRSA workshop at https:// Need and Proposed Use of the Information Collection Clearance healthpolicy.duke.edu/events/ninth- Information: The Project Abstract is Officer, Room 14N39, 5600 Fishers annual-sentinel-initiative-public- often distributed to provide information Lane, Rockville, MD 20857. workshop). Persons interested in to the public and Congress. HRSA will viewing the live Webcast must register FOR FURTHER INFORMATION CONTACT: To use this information in determining the online by February 1, 2017, at 5 p.m. request more information on the eligibility for the statutory funding EST. Early registration is recommended proposed project or to obtain a copy of preference and special consideration because Webcast connections are the data collection plans and draft and to succinctly capture data for the limited. Organizations are requested to instruments, email [email protected] number of projected students for register all participants, and view the or call the HRSA Information Collection subsequent years in the project period. workshop using one connection per Clearance Officer at (301) 443–1984. Likely Respondents: Likely location whenever possible. Webcast SUPPLEMENTARY INFORMATION: When respondents are potential applicants for participants will be sent technical submitting comments or requesting the ANEW program. Eligible applicants for the ANEW program include entities system requirements upon registering. information, please include the that provide registered nurses with Prior to joining the streaming Webcast information request collection title for primary care nurse practitioner (NP), of the public workshop, it is reference. primary care clinical nurse specialist recommended that you review these Information Collection Request Title: (CNS), and nurse-midwife education. technical system requirements. The Advanced Education Nursing Traineeship (AENT) Program Specific Such programs may include accredited Meeting Materials: All event materials Data Collection Forms. schools of nursing, nursing centers, will be sent to registered attendees via academic health centers, state or local email before the workshop. The event OMB No. 0915–0375, Revision governments, and other public or materials will also be available to view Abstract: The Advanced Nursing private nonprofit entities authorized by on the Duke-Margolis Web site at Education Workforce (ANEW) Program the Secretary of HHS to confer degrees https://healthpolicy.duke.edu/events/ is a new program that incorporates to RNs for primary care NP, primary ninth-annual-sentinel-initiative-public- elements of the AENT and the care CNS, or nurse-midwife education. workshop. Advanced Nursing Education Programs. Federally recognized Indian Tribal Transcripts: Please be advised that The current OMB approved Program Government and Native American transcripts will not be available. Specific Data Collection Forms for the Organizations as well as faith-based or

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community-based organizations may Burden Statement: Burden in this personnel and to be able to respond to apply if they are otherwise eligible. context means the time expended by a collection of information; to search Eligible state government entities persons to generate, maintain, retain, data sources; to complete and review include the 50 states, the District of disclose or provide the information the collection of information; and to requested. This includes the time Columbia, Guam, the Commonwealth of transmit or otherwise disclose the needed to review instructions; to Puerto Rico, the Northern Mariana information. The total annual burden develop, acquire, install and utilize hours estimated for this Information Islands, American Samoa, the U.S. technology and systems for the purpose Virgin Islands, the Federated States of Collection Request are summarized in of collecting, validating and verifying the table below. Micronesia, the Republic of the information, processing and Marshall Islands, and the Republic of maintaining information, and disclosing Total Estimated Annualized Burden Palau. and providing information; to train Hours:

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

ANEW Application including the ANEW Program Specific Tables and Attachments ...... 236 1 236 7 1,652

Total ...... 236 1 236 7 1,652

HRSA specifically requests comments DATES: Comments regarding this information on those who are to on (1) the necessity and utility of the information collection are best assured respond, including the use of proposed information collection for the of having their full effect if received appropriate automated, electronic, proper performance of the agency’s within 60 days of the date of this mechanical, or other technological functions, (2) the accuracy of the publication. collection techniques or other forms of estimated burden, (3) ways to enhance information technology. the quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: To Proposed Collection Title: NCI information to be collected, and (4) the obtain a copy of the data collection Genomic Data Commons (GDC) Data use of automated collection techniques plans and instruments, submit Submission Request Form, 0925–NEW, or other forms of information comments in writing, or request more National Cancer Institute (NCI), technology to minimize the information information on the proposed project, National Institutes of Health (NIH). collection burden. contact: Louis M. Staudt, MD, Ph.D., Need and Use of Information Director, Center for Cancer Genomics, Collection: The purpose of the NCI Jason E. Bennett, National Cancer Institute, Building 10 Genomic Data Commons (GDC) Data Director, Division of the Executive Secretariat. Room 5A02, 10 Center Drive, Bethesda Submission Request Form is to provide [FR Doc. 2016–26893 Filed 11–7–16; 8:45 am] MD 20814 or call non-toll-free number a vehicle for investigators to request BILLING CODE 4165–15–P 301–402–1892 or Email your request, submission of their cancer genomic data including your address to: lstaudt@ into the GDC in support of data sharing. mail.nih.gov. Formal requests for The purpose is to also provide a DEPARTMENT OF HEALTH AND additional plans and instruments must mechanism for the GDC Data HUMAN SERVICES be requested in writing. Submission Review Committee to National Institutes of Health SUPPLEMENTARY INFORMATION: Section review and assess the data submission 3506(c)(2)(A) of the Paperwork request for applicability to the GDC Proposed Collection; 60-Day Comment Reduction Act of 1995 requires: written mission. The scope of the form involves Request; NCI Genomic Data Commons comments and/or suggestions from the obtaining information from investigators (GDC) Data Submission Request Form public and affected agencies are invited that: (1) Would like to submit data about (National Cancer Institute) to address one or more of the following their study into the GDC, (2) are points: (1) Whether the proposed affiliated with studies that adhere to AGENCY: National Institutes of Health. collection of information is necessary GDC data submission conditions. The ACTION: Notice. for the proper performance of the benefits of the collection are that it function of the agency, including provides the needed information for SUMMARY: In compliance with the whether the information will have investigators to understand the types of requirement of the Paperwork practical utility; (2) The accuracy of the studies and data that the GDC supports, Reduction Act of 1995 to provide agency’s estimate of the burden of the and that it provides a standard opportunity for public comment on proposed collection of information, mechanism for the GDC to assess proposed data collection projects, the including the validity of the incoming data submission requests. National Cancer Institute (NCI) will methodology and assumptions used; (3) OMB approval is requested for 3 publish periodic summaries of propose Ways to enhance the quality, utility, and years. There are no costs to respondents projects to be submitted to the Office of clarity of the information to be other than their time. The total Management and Budget (OMB) for collected; and (4) Ways to minimizes estimated annualized burden hours are review and approval. the burden of the collection of 50 hours.

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ESTIMATED ANNUALIZED BURDEN HOURS

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

Investigator ...... 200 1 15/60 50

Total ...... 200 200 ...... 50

Dated: November 1, 2016. Place: National Institutes of Health, Closed: September 11, 2017, 8:00 a.m. to Karla Bailey, Terrace Level Conference Room, 5635 Fishers 10:00 a.m. Lane, Bethesda, MD 20892. Agenda: To review and evaluate grant Project Clearance Liaison, National Cancer applications and/or proposals. Institute, National Institutes of Health. Closed: February 06, 2017, 4:00 p.m. to 6:00 p.m. Place: National Institutes of Health, [FR Doc. 2016–26891 Filed 11–7–16; 8:45 am] Agenda: To review and evaluate grant Terrace Level Conference Room, 5635 Fishers BILLING CODE 4140–01–P applications and/or proposals. Lane, Bethesda, MD 20892. Place: National Institutes of Health, Open: September 11, 2017, 10:00 a.m. to Terrace Level Conference Room, 5635 Fishers 4:00 p.m. DEPARTMENT OF HEALTH AND Lane, Bethesda, MD 20892. Agenda: To discuss matters of program HUMAN SERVICES Closed: February 07, 2017, 8:00 a.m. to relevance. Adjournment. Place: National Institutes of Health, National Institutes of Health Agenda: To review and evaluate grant Terrace Level Conference Room, 5635 Fishers applications and/or proposals. Lane, Bethesda, MD 20892. National Human Genome Research Place: National Institutes of Health, Closed: September 11, 2017, 4:00 p.m. to Institute; Notice of Meetings Terrace Level Conference Room, 5635 Fishers 6:00 p.m. Lane, Bethesda, MD 20892. Agenda: To review and evaluate grant Contact Person: Rudy O. Pozzatti, Ph.D., applications and/or proposals. Pursuant to section 10(d) of the Scientific Review Officer, Scientific Review Place: National Institutes of Health, Federal Advisory Committee Act, as Branch, National Human Genome Research Terrace Level Conference Room, 5635 Fishers amended (5 U.S.C. App.), notice is Institute, 5635 Fishers Lane, Suite 4076, MSC Lane, Bethesda, MD 20892. hereby given of meetings of the National 9306, Rockville, MD 20852, (301) 402–0838, Closed: September 12, 2017, 8:00 a.m. to Advisory Council for Human Genome [email protected]. Adjournment. Research. Name of Committee: National Advisory Agenda: To review and evaluate grant applications and/or proposals. The meetings will be open to the Council for Human Genome Research. Date: May 8–9, 2017. Place: National Institutes of Health, public as indicated below, with Closed: May 08, 2017, 8:00 a.m. to 10:00 Terrace Level Conference Room, 5635 Fishers attendance limited to space available. a.m. Lane, Bethesda, MD 20892. Individuals who plan to attend and Agenda: To review and evaluate grant Contact Person: Rudy O. Pozzatti, Ph.D., need special assistance, such as sign applications and/or proposals. Scientific Review Officer, Scientific Review language interpretation or other Place: National Institutes of Health, Branch, National Human Genome Research reasonable accommodations, should Terrace Level Conference Room, 5635 Fishers Institute, 5635 Fishers Lane, Suite 4076, MSC notify the Contact Person listed below Lane, Bethesda, MD 20892. 9306, Rockville, MD 20852, (301) 402–0838, [email protected]. in advance of the meeting. Open: May 08, 2017, 10:00 a.m. to 4:00 p.m. Information is also available on the The meetings will be closed to the Agenda: To discuss matters of program Institute’s/Center’s home page: http:// public in accordance with the relevance. www.genome.gov/11509849, where an provisions set forth in sections Place: National Institutes of Health, agenda and any additional information for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Terrace Level Conference Room, 5635 Fishers the meeting will be posted when available. as amended. The grant applications and Lane, Bethesda, MD 20892. (Catalogue of Federal Domestic Assistance the discussions could disclose Closed: May 08, 2017, 4:00 p.m. to 6:00 Program Nos. 93.172, Human Genome confidential trade secrets or commercial p.m. Research, National Institutes of Health, HHS) property such as patentable material, Agenda: To review and evaluate grant Dated: November 2, 2016. and personal information concerning applications and/or proposals. Place: National Institutes of Health, Sylvia L. Neal, individuals associated with the grant Terrace Level Conference Room, 5635 Fishers Program Analyst, Office of Federal Advisory applications, the disclosure of which Lane, Bethesda, MD 20892. Committee Policy. would constitute a clearly unwarranted Closed: May 09, 2017, 8:00 a.m. to [FR Doc. 2016–26892 Filed 11–7–16; 8:45 am] invasion of personal privacy. Adjournment. BILLING CODE 4140–01–P Name of Committee: National Advisory Agenda: To review and evaluate grant Council for Human Genome Research. applications and/or proposals. Date: February 6–7, 2017. Place: National Institutes of Health, DEPARTMENT OF HEALTH AND Closed: February 06, 2017, 8:00 a.m. to Terrace Level Conference Room, 5635 Fishers HUMAN SERVICES 10:00 a.m. Lane, Bethesda, MD 20892. Agenda: To review and evaluate grant Contact Person: Rudy O. Pozzatti, Ph.D., Substance Abuse and Mental Health applications and/or proposals. Scientific Review Officer, Scientific Review Services Administration Place: National Institutes of Health, Branch, National Human Genome Research Terrace Level Conference Room, 5635 Fishers Institute, 5635 Fishers Lane, Suite 4076, MSC Agency Information Collection Lane, Bethesda, MD 20892. 9306, Rockville, MD 20852, (301) 402–0838, Activities: Proposed Collection; Open: February 06, 2017, 10:00 a.m. to 4:00 [email protected]. Comment Request p.m. Name of Committee: National Advisory Agenda: To discuss matters of program Council for Human Genome Research. In compliance with Section relevance. Date: September 11–12, 2017. 3506(c)(2)(A) of the Paperwork

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Reduction Act of 1995 concerning information to be collected; and (d) Drinking Prevention, which expires on opportunity for public comment on ways to minimize the burden of the January 31, 2017. Revisions were made proposed collections of information, the collection of information on to the two existing data collection Substance Abuse and Mental Health respondents, including through the use instruments: The Organizer Survey and Services Administration (SAMHSA) of automated collection techniques or the Participant Form (English and will publish periodic summaries of other forms of information technology. Spanish versions). SAMHSA is proposed projects. To request more Proposed Project: Assessment of the requesting to add a new data collection information on the proposed projects or Communities Talk: Town Hall Meetings instrument titled the Organizer to obtain a copy of the information To Prevent Underage Drinking—(OMB Survey—6 month Follow-up, in which collection plans, call the SAMHSA No. 0930–0288)—Revision hosts of the Communities Talk events Reports Clearance Officer at (240) 276– will opt in to provide information on The Substance Abuse and Mental 1243. any actions that were taken as result of Health Services Administration/Center the Communities Talk event. Comments are invited on: (a) Whether for Substance Abuse Prevention the proposed collections of information (SAMHSA/CSAP) is requesting a Changes are necessary for the proper revision from the Office of Management performance of the functions of the and Budget (OMB) of the information Under the current approval, the agency, including whether the collection regarding the Assessment of Organizer Survey consists of 30 items. information shall have practical utility; the Communities Talk: Town Hall Under this revision, the Organizer (b) the accuracy of the agency’s estimate Meetings to Prevent Underage Drinking. Survey includes 20 items about the of the burden of the proposed collection The current data collection has approval Communities Talk event. The following of information; (c) ways to enhance the under OMB No. 0930–0288, Assessment table provides a summary of the quality, utility, and clarity of the of the Town Hall Meetings on Underage proposed changes to the instrument.

Current question/item Changes

Wording change for THM ...... Changed throughout to ‘Communities Talk’. q2—Location of event ...... Added Zip Code as a response option (new q2). q4—Length of event ...... Question updated and entry field [(fill in)] (new q3). q8—Other topics discussed (fill in) ...... Slight wording change of question; added the words ‘non-alcohol-related . . . (What non-alcohol-related topics); added as a secondary question to new q12. q9—Promotion of the event ...... Dropped ‘in the community’ from the question and updated the response options (new q8). q10—Number of event attendees ...... Provided clarification for physical and virtual attendees (new q9). q13—Topics discussed at the event ...... Slight wording change of question; added the words ‘alcohol-related’ (. . . fol- lowing alcohol-related topics . . .); response options updated (new q13). q14—Use of materials from www.stopalcoholabuse.gov ...... Updated website address (new q17). q16—Planned activities as a result of the event ...... Updated question and response options (new q15). q17—Satisfaction with event ...... Question deleted. q18/q19—Participation in event-related webinar and identi- Question deleted. fication of that event. q20/q21—Viewing of online training and identification of that Question deleted. training. q22—Utility of training to organization’s prevention work ...... Updated lead-in to statements; updated wording to be properly aligned with the training and technical assistance performance measures for science and serv- ice activities (changed from . . . my organization’s . . . [to] . . . your organi- zation’s. . .) (new q18). q23—Improved capacity due to the training received ...... Updated wording to be properly aligned with the training and technical assistance performance measures for science and service activities (added the word ‘that’ to . . .training that I received . . . ) (new q18). q24/q25—Technical assistance (TA) received and how sub- Question deleted. mitted request for TA. q26—Utility of TA to organization’s prevention work ...... Updated lead-in to statements; wording to be properly aligned with the training and technical assistance performance measures for science and service activi- ties (changed from . . . my organization’s . . . [to] . . . your organization’s) (new q18). q27—Improved capacity due to the TA received ...... Updated wording to be properly aligned with the training and technical assistance performance measures for science and service activities (added the word ‘that’ to . . . TA that I received . . .) (new q18). q28—Share additional information about event ...... Removed the word ‘us’ (. . . share with any other . . .) (new q19). q29/q30—Data collected about event and sharing of data Updated questions and mailing information (new q20 and secondary question to with SAMHSA, including information on where to send the new q20). data.

Three new questions were added mobilization actions statements (new Short-Term pertaining to what influenced the q16). • Increase utility of training. decision to host an event (new q5), The revisions were necessary to better perception of how important UAD and align the data gathered to the short-term • Increase utility of technical its consequences is to the community and long-term outcomes of the assistance. (new q14), and agreement with Communities Talk for event hosts, specifically—

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Long-Term • Increase organization capacity for of 14 items. Under this revision, the • Increase national conversations prevention. Participant Form includes 17 items • about UAD. Increase use of evidence-based about the Communities Talk event. The • Increase youth involvement in approaches to UAD prevention. following table provides a summary of UAD. Changes were also made to the the proposed changes to the instrument, • Increase community mobilization Participant Form. Under the current in English and Spanish. for UAD prevention. approval, the Participant Form consists

Current question/item Changes

Wording change for THM ...... Changed throughout to ‘Communities Talk’. q2—Location of event ...... Added Zip Code as a response option (new q2). q3—Most important UAD issues facing community ...... Question wording change and response options updated (new q3). q5—Learn anything about UAD and its associated problems before attending the Slight wording change of question, added the word ‘new’ event. (. . . learn anything new . . .) (new q5). q7—Sharing of materials or lessons learned from the event ...... Response options updated (new q8). q9—How will become more involved in decreasing UAD in community ...... Question wording change and response options updated (new q11). q10—Gender ...... Updated to say ‘sex’ (new q13). q13—Race ...... Updated order of response options (new q16).

Three new questions were added • Increase community mobilization document of each round of surrounding how often respondents are for UAD prevention. Communities Talk events and present involved in UAD prevention in the • Increase capacity for prevention findings at national conferences community (new q9), likelihood will organizers. attended by CBOs that have hosted become more involved in UAD • Increase use of evidence-based these events and might host future prevention in the community (new q10), approaches to UAD prevention. events. Similarly, SAMHSA plans to and agreement with mobilization The Organizer Survey—6 month share findings with the Interagency actions statements (new q12). Follow-up consists of 13 items and Coordinating Committee on the The revisions were necessary to better captures information on— Prevention of Underage Drinking. • align the data gathered to the short-term Where the Communities Talk event Agencies within this committee was held; and long-term outcomes of the • encourage their grantees to participate Communities Talk, specifically— Awareness of UAD activities that as the event hosts. have taken place as a result of the event; Short-Term • Community mobilization and Additionally, the information collected will support performance • Increase knowledge of UAD collaboration efforts; • Perception of the importance of measurement for SAMHSA programs prevention. under the Government Performance • UAD and its consequences to the Increase intentions to share Results Act (GPRA). information on UAD prevention. community; and • Increase in youth involvement in Data Collection Component Long-Term UAD prevention activities in the SAMHSA/CSAP will use a web-based • Increase national conversations community. method to collect data through the about UAD. SAMHSA supports nationwide Organizer Survey and Organizer • Increase youth involvement in Communities Talk events every other Survey—6 month Follow-up, and a UAD. year. Collecting data on each round of paper-and-pencil approach to collect • Increase community mobilization Communities Talk events, and using data through the Participant Form. The for UAD prevention. this information to inform policy and CBOs that opt in to be contacted 6 measure impact, supports SAMHSA’s web-based application will comply with months after completing the Organizer strategic initiative number 1: Prevention the requirements of Section 508 of the Survey for SAMHSA to follow up on of substance use and mental illness. A Rehabilitation Act to permit any actions that were taken as a result specific goal under this initiative is to accessibility to people with disabilities. of the Communities Talk event in their prevent or reduce the consequences of Every 2 years, the Organizer Survey community will be provided with the UAD and adult problem drinking; a will be completed by an estimated 500 Organizer Survey—6 month Follow-up. specific objective is to establish the Communities Talk event organizers and This survey will allow SAMHSA to prevention of UAD as a priority issue for will require only one response per measure progress towards the short- and states, territories, tribal entities, colleges respondent. It will take an average of 10 long-term outcomes of the Communities and universities, and communities. minutes (0.167 hours) to review the Talk, specifically— SAMHSA will use the information instructions and complete the survey. collected to document the Similarly, the Organizer Survey—6 Short-Term implementation efforts of this month Follow-up will be completed by • Increase utility of training. nationwide initiative, determine if the an estimated 500 Communities Talk • Increase utility of technical federally sponsored Communities Talk event organizers and will require only assistance. events lead to additional activities one response per respondent. It will within the community that are aimed at take an average of 15 minutes (0.25 Long-Term preventing and reducing UAD, identify hours) to review the instructions and • Increase national conversations what these activities may possibly complete the survey. This burden about UAD. include, and help plan for future rounds estimate is based on comments from • Increase youth involvement in UAD of Communities Talk events. SAMHSA three 2016 Communities Talk even prevention. intends to post online a summary hosts who reviewed the survey and

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provided comments on how long it participants per sampled community- respondent. It will take an average of 5 would take them to complete it. based organization (n = 400) and will minutes (0.083 hours) to review the The Participant Form will be require only one response per instructions and complete the form. completed by an average of 30

ESTIMATED ANNUALIZED BURDEN TABLE

Responses Form name Number of per Total Hours per Total hour respondents respondent responses response burden

Organizer Survey ...... 500 1 500 0.167 83.50 Organizer Survey—6 month Follow-up ...... 500 1 500 0.25 125.00 Participant Form ...... 4,500 1 4,500 0.083 373.50

Total ...... 5,500 ...... 5,500 ...... 582.00

Send comments to Summer King, that Inspectorate America Corporation, DEPARTMENT OF HOMELAND SAMHSA Reports Clearance Officer, 2184 Jefferson Highway, Lutcher, LA SECURITY 5600 Fishers Lane, Room 15E57–B, 70071, has been approved to gauge Rockville, Maryland 20857, OR email a petroleum and certain petroleum U.S. Customs and Border Protection copy to [email protected]. products for customs purposes, in Accreditation and Approval of King Written comments should be received accordance with the provisions of 19 by January 9, 2017. Laboratories, Inc., as a Commercial CFR 151.13. Inspectorate America Gauger and Laboratory Summer King, Corporation is approved for the Statistician. following gauging procedures for AGENCY: U.S. Customs and Border Protection, Department of Homeland [FR Doc. 2016–26968 Filed 11–7–16; 8:45 am] petroleum and certain petroleum Security. BILLING CODE 4162–20–P products from the American Petroleum Institute (API): ACTION: Notice of accreditation and approval of King Laboratories, Inc., as a API chapters Title commercial gauger and laboratory. DEPARTMENT OF HOMELAND SECURITY 3 ...... Tank Gauging. SUMMARY: Notice is hereby given, 7 ...... Temperature Determination. pursuant to CBP regulations, that King U.S. Customs and Border Protection 8 ...... Sampling. Laboratories, Inc., has been approved to Approval of Inspectorate America 11 ...... Physical Properties Data. gauge petroleum and certain petroleum Corporation, as a Commercial Gauger 12 ...... Calculations. products and accredited to test 17 ...... Marine Measurement. petroleum and certain petroleum AGENCY: U.S. Customs and Border products for customs purposes for the Protection, Department of Homeland Anyone wishing to employ this entity next three years as of July 12, 2016. Security. to conduct gauger services should DATES: Effective Date: The accreditation ACTION: Notice of approval of request and receive written assurances and approval of King Laboratories, Inc., Inspectorate America Corporation as a from the entity that it is approved by the as commercial gauger and laboratory commercial gauger. U.S. Customs and Border Protection to became effective on July 12, 2016. The conduct the specific gauger service next triennial inspection date will be SUMMARY: Notice is hereby given, scheduled for July 2019. requested. Alternatively, inquiries pursuant to CBP regulations, that FOR FURTHER INFORMATION CONTACT: Inspectorate America Corporation has regarding the specific gauger service this entity is approved to perform may be Approved Gauger and Accredited been approved to gauge petroleum and Laboratories Manager, Laboratories and directed to the U.S. Customs and Border certain petroleum products for customs Scientific Services Directorate, U.S. Protection by calling (202) 344–1060. purposes for the next three years as of Customs and Border Protection, 1300 The inquiry may also be sent to February 17, 2016. Pennsylvania Avenue NW., Suite DATES: Effective Date: The approval of [email protected]. Please 1500N, Washington, DC 20229, tel. 202– Inspectorate America Corporation as reference the Web site listed below for 344–1060. a complete listing of CBP approved commercial gauger became effective on SUPPLEMENTARY INFORMATION: Notice is February 17, 2016. The next triennial gaugers and accredited laboratories. hereby given pursuant to 19 CFR 151.12 inspection date will be scheduled for http://www.cbp.gov/about/labs- and 19 CFR 151.13, that King February 2019. scientific/commercial-gaugers-and- Laboratories, Inc., 1515 West FOR FURTHER INFORMATION CONTACT: laboratories. Hillsborough Ave., Tampa, FL 33603, Approved Gauger and Accredited Dated: November 1, 2016. has been approved to gauge petroleum Laboratories Manager, Laboratories and Ira S. Reese, and certain petroleum products and Scientific Services Directorate, U.S. accredited to test petroleum and certain Customs and Border Protection, 1300 Executive Director, Laboratories and Scientific Services Directorate. petroleum products for customs Pennsylvania Avenue NW., Suite purposes, in accordance with the [FR Doc. 2016–26960 Filed 11–7–16; 8:45 am] 1500N, Washington, DC 20229, tel. 202– provisions of 19 CFR 151.12 and 19 CFR 344–1060. BILLING CODE 9111–14–P 151.13. King Laboratories, Inc., is SUPPLEMENTARY INFORMATION: Notice is approved for the following gauging hereby given pursuant to 19 CFR 151.13, procedures for petroleum and certain

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petroleum products from the American API chapters Title procedures and methods for petroleum Petroleum Institute (API): and certain petroleum products set forth 9 ...... Density Determination. by the U.S. Customs and Border API chapters Title 12 ...... Calculations. Protection Laboratory Methods (CBPL) 17 ...... Marine Measurement. and American Society for Testing and 3 ...... Tank Gauging. Materials (ASTM): 7 ...... Temperature Determination. King Laboratories, Inc., is accredited 8 ...... Sampling. for the following laboratory analysis

CBPL No. ASTM Title

27–02 ...... D 1298 ...... Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method. 27–08 ...... D 86 ...... Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27–53 ...... D 2709 ...... Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge.

Anyone wishing to employ this entity Services (USCIS)–005 Intercountry Department of Homeland Security, to conduct laboratory analyses and Adoptions Security’’ system of records. Washington, DC 20528. gauger services should request and DHS/USCIS collects, uses, and Instructions: All submissions received receive written assurances from the maintains Intercountry Adoptions must include the agency name and entity that it is accredited or approved Security records on prospective docket number for this rulemaking. All by the U.S. Customs and Border adoptive parents and other individuals comments received will be posted Protection to conduct the specific test or associated with an intercountry without change to http:// gauger service requested. Alternatively, adoption-related application or petition. www.regulations.gov, including any inquiries regarding the specific test or DHS/USCIS is updating this system of personal information provided. gauger service this entity is accredited records to: Clarify the information Docket: For access to the docket to or approved to perform may be directed technology used to process intercountry read background documents or to the U.S. Customs and Border adoption-based applications and comments received, please visit http:// Protection by calling (202) 344–1060. petitions; update the categories of www.regulations.gov. The inquiry may also be sent to individuals in the system; clarify the FOR FURTHER INFORMATION CONTACT: For [email protected]. Please categories of records in the system; general questions, please contact: reference the Web site listed below for update the legal authorities for the Donald K. Hawkins, (202) 272–8000, a complete listing of CBP approved intercountry adoption immigration Privacy Officer, U.S. Citizenship and gaugers and accredited laboratories. process from countries that are party to Immigration Services, 20 Massachusetts http://www.cbp.gov/about/labs- the Hague Convention on Protection of Avenue NW., Washington, DC 20529. scientific/commercial-gaugers-and- Children and Co-operation in Respect of For privacy questions, please contact: laboratories. Intercountry Adoption (Hague Adoption Jonathan R. Cantor, (202) 343–1717, Dated: November 1, 2016. Convention) and from non-Hague Acting Chief Privacy Officer, Privacy Adoption Convention (orphan) Ira S. Reese, Office, Department of Homeland countries; reflect an increased retention Security, Washington, DC 20528. Executive Director, Laboratories and period for intercountry adoption Scientific Services Directorate. SUPPLEMENTARY INFORMATION: records; include all sources of records [FR Doc. 2016–26959 Filed 11–7–16; 8:45 am] for adoption-based forms used in the I. Background BILLING CODE 9111–14–P Hague Adoption Convention process In accordance with the Privacy Act of and non-Hague (orphan) process; and 1974, 5 U.S.C. 552a, the DHS/USCIS add Routine Use R, which permits the DEPARTMENT OF HOMELAND proposes to update and reissue a current disclosure of information to the SECURITY DHS system of records titled, ‘‘DHS/ Department of Health and Human USCIS–005 Intercountry Adoptions Office of the Secretary Services. Additionally, this notice Security’’ system of records. includes non-substantive changes to DHS/USCIS oversees certain [Docket No. DHS–2016–0071] simplify the formatting and text of the intercountry adoption-related requests previously published notice. from U.S. citizens seeking to adopt a Privacy Act of 1974; Department of This updated system will be included child from a foreign country and bring Homeland Security United States in the Department of Homeland that child to the United States to Citizenship and Immigration Services– Security’s inventory of record systems. permanently live with them. The 005 Intercountry Adoptions Security DATES: intercountry adoption process is a System of Records Submit comments on or before December 8, 2016. This updated system cooperative effort between USCIS and AGENCY: Department of Homeland will be effective December 8, 2016. the Department of State (DOS). USCIS Security, Privacy Office. ADDRESSES: You may submit comments, plays a vital role in the intercountry ACTION: Notice of Privacy Act system of identified by docket number DHS– adoption process by determining the records. 2016–0071 by one of the following suitability and eligibility of a methods: prospective adoptive parent to adopt, SUMMARY: In accordance with the • Federal e-Rulemaking Portal: http:// and by determining the eligibility of a Privacy Act of 1974, the Department of www.regulations.gov. Follow the child to immigrate as an immediate Homeland Security (DHS) proposes to instructions for submitting comments. relative of a U.S. citizen under 8 U.S.C. update and reissue a current DHS • Fax: 202–343–4010. 1101(b)(1)(F) or (G). USCIS receives and system of records titled, ‘‘DHS/United • Mail: Jonathan R. Cantor, Acting adjudicates both domestic and States Citizenship and Immigration Chief Privacy Officer, Privacy Office, internationally-filed applications and

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petitions related to intercountry R, which permits the disclosure of SECURITY CLASSIFICATION: adoptions. DHS delegated authority to information to the Department of Health Unclassified, Sensitive. DOS to approve certain adoption-related and Human Services. Additionally, this petitions on behalf of USCIS. The notice includes non-substantive changes SYSTEM LOCATION: Department of State also adjudicates the to simplify the formatting and text of the Intercountry adoption records are application for an immigrant visa for the previously published notices. maintained in the ACMS or CAMINO IT child, which permits the child to Consistent with DHS’s information- systems and associated electronic and immigrate into the United States. sharing mission, information stored in paper files located at the USCIS NBC, USCIS uses two information the DHS/USCIS–005 Intercountry service centers, and domestic and technology (IT) systems to process Adoptions Security may be shared with international field offices. intercounty adoption filings, depending other DHS components that have a need on whether the intercounty adoption CATEGORIES OF INDIVIDUALS COVERED BY THE to know the information to carry out SYSTEM: application was filed domestically or their national security, law enforcement, internationally. The USCIS National immigration, intelligence, or other Categories of individuals covered by Benefits Center (NBC) processes all homeland security functions. In this system include: Hague and domestically-filed orphan addition, when appropriate, information (1) All individuals, including the intercountry adoption filings. USCIS may be shared with appropriate Federal, applicant or petitioner (and spouse, if uses the National Benefits Center’s State, local, tribal, territorial, foreign, or married), seeking an intercountry Adoption Case Management System international government agencies adoption through the Hague Adoption (ACMS) within the National Processing consistent with the routine uses set Convention process or non-Hague Workflow Repository (NPWR) as the forth in this system of records notice orphan process; (2) All individuals who meet the case management system for unless disclosure is otherwise definition of an adult member of the domestically filed intercountry prohibited under the confidentiality household; 1 adoption-based applications and statutes, regulations, or policies (3) Any other individual whose petitions from receipt of the application applicable to that information. or petition to final adjudication. USCIS This updated system will be included presence in the applicant’s or uses the Case and Activity Management in DHS’s inventory of record systems. petitioner’s residence is relevant to the for International Operations (CAMINO) suitability of the prospective adoptive system to process applications and II. Privacy Act parent(s) suitability to adopt; petitions filed internationally with The Privacy Act embodies fair (4) Representatives, including USCIS international offices. Previously, information practice principles in a attorneys, adoption service providers, USCIS used the Secure Information statutory framework governing the and form preparers, of the prospective Management Service (SIMS) to track means by which Federal Government adoptive parent(s); and review intercountry adoption cases. agencies collect, maintain, use, and (5) Children being adopted; and SIMS, however, did not fully meet the disseminate individuals’ records. The (6) Birth mothers, fathers, or case tracking requirements of the Privacy Act applies to information that custodians of adopted children. intercountry adoption process. USCIS is maintained in a ‘‘system of records.’’ CATEGORIES OF RECORDS IN THE SYSTEM: decommissioned SIMS after the launch A ‘‘system of records’’ is a group of any Information about the prospective of these systems. records under the control of an agency adoptive parent(s) may include: USCIS is updating this system of from which information is retrieved by • Full Name; records to: (1) Identify the Adoptions the name of an individual or by some • Alias(es); Case Management System (ACMS) and identifying number, symbol, or other • Gender; Case and Activity Management for identifying particular assigned to the • Physical and mailing address; International Operations (CAMINO) as individual. In the Privacy Act, an • the information technology systems Address abroad; individual is defined to encompass U.S. • Email address; used to process intercountry adoption- citizens and lawful permanent • based applications and petitions; (2) Telephone number; residents. As a matter of policy, DHS • Physical Description (e.g., height, update the categories of individuals in extends administrative Privacy Act the system to include other individuals weight, eye color, hair color, race, protections to all individuals when ethnicity, identifying marks like tattoos whose presence in the residence of the systems of records maintain information prospective adoptive parent(s) (known or birthmarks); on U.S. citizens, lawful permanent • as the Adult Household Member) as Biometric (i.e., fingerprints and residents, and visitors. photographs) and other information relevant to determine suitability; (3) Below is the description of the DHS/ (i.e., race, ethnicity, weight, height, eye clarify the categories of record in the USCIS–005 Intercountry Adoptions color, hair color) collected to conduct system; (4) update the legal authorities Security System of Records. for the intercountry adoption In accordance with 5 U.S.C. 552a(r), background checks; immigration process to include the DHS has provided a report of this Intercountry Adoption Universal 1 Adult member of the household is defined as: system of records to the Office of (1) Any individual, other than the applicant, who Accreditation Act of 2012 (UAA) (Pub. Management and Budget and to has the same principal residence as the applicant L. 112–276), which went into effect on Congress. and who had reached his or her 18th birthday on July 14, 2014; (5) reflect a reduced or before the date the form is filed; or (2) any person retention period from 75 years to 25 and System of Records who has not yet reached his or her 18th birthday before the date the form is filed, or who does not 15 years for internationally and Department of Homeland Security actually live at the same residence, but whose domestically, respectively, filed (DHS)/United States Citizenship and presence in the residence is relevant to the issue of intercountry adoption applications and Immigration Services (USCIS)-005 suitability to adopt, if the officer adjudicating the petitions; (6) update the sources of form concludes, based on the facts of the case, that System name: it is necessary to obtain an evaluation of how that records to include Hague petition and persons presence in the home affects the application forms (i.e., Form I–800 and DHS/USCIS–005 Intercountry determination whether the applicant is suitable as Form I–800A); and (7) add Routine Use Adoptions Security the adoptive parent(s) of a Convention adoptee.

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• Date of birth; • SSN; Information about the adoption • Country of birth; • Passport number; service providers and home study • City of birth; • Relationship to Prospective preparers may include: • State or Province of birth; adoptive parent(s); • Name; • Citizenship status; • Photographs; • Organization name; • Naturalization history; • Physical Description (e.g., height, • Mailing address; • Certificate of Citizenship or weight, eye color, hair color, race, • Phone and Fax numbers; Certificate of Naturalization Number; ethnicity, identifying marks like tattoos • Email address; • Residence status; or birthmarks); • Accreditation or Approval status; • Marital history and status; • Biometric (i.e., fingerprints and and • Spouse’s immigration status; photographs) and other information • Signature. • USCIS Online Account Number; (i.e., race, ethnicity, weight, height eye Information about the preparer may • Social Security number (SSN); color, hair color) collected to conduct include: • A-Number; background checks; • Full name; • USCIS Receipt/Case Number; • Criminal and National Security • Organization or Business name; • Passport number; background check results; • Business State ID number; • Country of adoption; • Accommodations/Disabilities; • Employer Tax Identification • • Adoption filing history; Signature; and Number; • • Payments made and anticipated Email Address. • Physical and Mailing addresses; future payments in relation to the Information about the adoptive • Email address; adoption; beneficiary may include: • • Phone and fax numbers; • Criminal history; Full Name at Birth; • Relationship to benefit requestor; • Photographs; • Full Name at Present; • and • Accommodations/Disabilities; Alias; • Signature. • • Date of birth; Home study; • Information about the representative • Medical and Social History (e.g., Gender; • Country of birth may include: vaccinations, referrals, communicable • • Name; 2 City/Town/Village of Birth; diseases, physical or mental disorders); • • Law firm/Recognized organization • Financial Information (e.g., income, Place of habitual residency; • Present legal custodian; name; expenses, scholarships, savings, assets, • • Present address; Physical and Mailing addresses; property, financial support, supporter • Address where the beneficiary will • Phone and fax numbers; information, life insurance, debts, reside; • Email address; encumbrances, tax records); • • USCIS Online Account Number; • Parental history and custody Supporting Documentation as information (e.g., birthmothers, fathers, • Attorney Bar Card Number or necessary (e.g., birth, marriage, divorce or custodians of adopted children); equivalent; certificates; licenses; academic • Date of adoption; • Bar Membership; diplomas; academic transcripts; appeals • Country/Place of adoption; • Accreditation date; or motions to reopen or reconsider • Physical or mental afflictions; • Source of Accreditation; decisions; explanatory statements; • Accommodations/disabilities; • Board of Immigration Appeals deoxyribonucleic acid (DNA) results; • A-Number; Representative Accreditation; and unsolicited information submitted • Passport number; • Expiration date; voluntarily by the benefit requestor or • Relationship to prospective • Law Practice Restriction family members in support of a benefit adoptive parent, if any; Explanation; and request); • Article 16 Report, which is an • Signature. • Proof of Citizenship (i.e., unexpired official report from countries that are passport, citizenship/naturalization party to the Hague Adoption AUTHORITY FOR MAINTENANCE OF THE SYSTEM: certificate, school records, census Convention, on a child’s psychological, The legal authorities for intercountry records, church records, and affidavits); social, medical history, and reasons the adoption from Hague Adoption • Proof of Marriage and termination child is in need of an adoptive Convention countries include the Hague of previous marriages; placement; Adoption Convention, the Intercountry • Criminal and National Security • Supporting Documentation as Adoption Act of 2000, 8 U.S.C. Background Check Results; Necessary (e.g., birth certificate, appeals 1101(b)(1)(G) (INA 101(b)(1)(G)), and 8 • Case Decision; and or motions to reopen or reconsider CFR 204.300–204.314. The legal • Signature. decisions, DNA results); and authorities for intercountry adoption for Information about any adult members • Case decision. non-Hague Adoption Convention of the household may include: Information about birth mothers, countries include the Intercountry • Full Name; fathers, or custodians of adopted Adoption Universal Accreditation Act • Alias(es); children: of 2012, Consolidated Appropriations • Gender; • Name; Act of 2014 sec. 7083, 8 U.S.C. • Mailing address; • Date of birth; 1101(b)(1)(F) (INA 101(b)(1)(F)), and 8 • Email address; • Relationship to adopted child(ren) CFR 204.3. • Telephone number; (e.g., living birth parent, surviving birth • Date of birth; parent, sole birth parent); and PURPOSE(S): • County of birth; • Supporting documentation (identity USCIS collects information on • State or Province of birth; information, death certificates, DNA test prospective adoptive parents and other • City, Town, or Village of Birth; results, description of how the child associated individuals in order to assess • A-Number; beneficiary was abandoned or released the suitability and eligibility of the for adoption, consent to adoption, prospective adoptive parent(s) to adopt. 2 See 8 CFR 204.311(m) adoption documentation, etc.). USCIS also collects information

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pertaining to the child to be adopted to 2. Any employee or former employee either on its face or in conjunction with determine whether he or she is eligible of DHS in his/her official capacity; other information, indicates a violation to immigrate as an immediate relative of 3. Any employee or former employee or potential violation of law, which a U.S. citizen under INA sec. of DHS in his/her individual capacity includes criminal, civil, or regulatory 101(b)(1)(F) or (G). USCIS collects when DOJ or DHS has agreed to violations and such disclosure is proper information on organizations that represent the employee; or and consistent with the official duties of facilitate the adoption process, 4. The United States or any agency the person making the disclosure. including law firms, home study thereof. H. To clerks and judges of courts preparers, accredited agencies, B. To a congressional office from the exercising naturalization jurisdiction to approved persons, exempted providers, record of an individual in response to enable such courts to determine supervised providers, and other an inquiry from that congressional office eligibility for naturalization and adoption service providers so that made at the request of the individual to grounds for revocation of naturalization. USCIS can track and verify those whom the record pertains. I. To DOS in the processing of visas, entities that are authorized to C. To the National Archives and applications, or petitions for benefits participate in the adoption process. Records Administration (NARA) or under the INA, and all other Finally, as a fraud monitoring tool, General Services Administration immigration and nationality laws USCIS collects available biographic pursuant to records management including treaties and reciprocal information relating to the birth parents inspections being conducted under the agreements. and the custodians of the children being authority of 44 U.S.C. 2904 and 2906. J. To an attorney or representative (as adopted. D. To an agency or organization for defined in 8 CFR 1.2) who is acting on the purpose of performing audit or behalf of an individual covered by this ROUTINE USES OF RECORDS MAINTAINED IN THE oversight operations as authorized by system of records. SYSTEM, INCLUDING CATEGORIES OF USERS AND law, but only such information as is K. To appropriate federal, state, tribal, THE PURPOSES OF SUCH USES: necessary and relevant to such audit or and local government law enforcement Except as permitted by the Privacy oversight function. and regulatory agencies, foreign Act, 5 U.S.C. 552a and applicable E. To appropriate agencies, entities, governments, and international routine uses, USCIS may not disclose or and persons when: organizations for example the give access to any information or record 1. DHS suspects or has confirmed that Department of Defense, the DOS, the relating to any applicant, petitioner, the security or confidentiality of Department of the Treasury, the United spouse (if married), or adult member of information in the system of records has Nations, and INTERPOL and the household to any individual or been compromised; individuals and organizations during entity other than that person, including 2. DHS has determined that as a result the course of an investigation by DHS or the processing of a matter under DHS’s an accredited agency, approved person, of the suspected or confirmed jurisdiction, or during a proceeding exempted provider, supervised compromise, there is a risk of identity within the purview of the immigration provider, or other adoption service theft or fraud, harm to economic or and nationality laws, when necessary to provider, absent written consent, as property interests, harm to an elicit information required by DHS to provided by the Privacy Act, 5 U.S.C. individual, or harm to the security or carry out its functions and statutory 552a. integrity of this system or other systems or programs (whether maintained by mandates. In addition to those disclosures DHS or another agency or entity) that L. To an appropriate federal, state, generally permitted under 5 U.S.C. rely upon the compromised tribal, local, or foreign government 552a(b) of the Privacy Act, all or a information; and agency or organization, or international portion of the records or information 3. The disclosure made to such organization, lawfully engaged in contained in this system may be agencies, entities, and persons is collecting law enforcement intelligence, disclosed outside DHS as a routine use reasonably necessary to assist in whether civil or criminal, or charged pursuant to 5 U.S.C. 552a(b)(3). Even connection with DHS’s efforts to with investigating, prosecuting, when a valid routine use permits respond to the suspected or confirmed enforcing, or implementing civil or disclosure of information from this compromise and prevent, minimize, or criminal laws, related rules, regulations system of records to a third party, in remedy such harm. or orders, to enable these entities to some cases such disclosure may not be F. To contractors and their agents, carry out their law enforcement permissible because of confidentiality grantees, experts, consultants, and responsibilities, including the collection laws and policies that limit the sharing others performing or working on a of law enforcement intelligence, and the of information regarding individuals contract, service, grant, cooperative disclosure is appropriate to the proper applying for certain immigration agreement, or other assignment for DHS, performance of the official duties of the benefits. These confidentiality when necessary to accomplish an person making the disclosure. provisions may be subject to certain agency function related to this system of M. To an appropriate federal, state, exceptions which would allow for records. Individuals provided local, tribal, territorial, foreign, or disclosure, such as in the case of a information under this routine use are international agency, if the information criminal or civil investigation. subject to the same Privacy Act is relevant and necessary to a requesting A. To the Department of Justice (DOJ), requirements and limitations on agencies decision concerning the hiring including Offices of the U.S. Attorneys, disclosure as are applicable to DHS or retention of an individual, or or other federal agencies conducting officers and employees. issuance of a security clearance, license, litigation or in proceedings before any G. To an appropriate federal, state, contract, grant, or other benefit, or if the court, adjudicative, or administrative local, tribal, territorial, international, or information is relevant and necessary to body, when it is relevant or necessary to foreign law enforcement agency or other a DHS decision concerning the hiring or the litigation and one of the following appropriate authority charged with retention of an employee, the issuance is a party to the litigation or has an investigating or prosecuting a violation, of a security clearance, the reporting of interest in such litigation: enforcing, or implementing a law, rule, an investigation of an employee, the 1. DHS or any component thereof; regulation, or order, when a record, letting of a contract, or the issuance of

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a license, grant, or other benefit and POLICIES AND PRACTICES FOR STORING, and retain adoption related records for when disclosure is appropriate to the RETRIEVING, ACCESSING, RETAINING, AND 15 years, during which time the records proper performance of the official duties DISPOSING OF RECORDS IN THE SYSTEM: will be archived. The 15 year retention of the person making the request. STORAGE: period is derived from the length of time N. To a federal, state, or local DHS/USCIS stores records in this USCIS may interact with a customer. government agency, or employer system electronically or on paper in SYSTEM MANAGER AND ADDRESS: seeking to verify or ascertain the secure facilities in a locked drawer or Assistant Center Director, Adoptions, citizenship or immigration status of any behind a locked door. The records may National Benefits Center, Overland Park, individual within the jurisdiction of the be stored on magnetic disc, tape, cloud KS 66213; and Director, Refugee, agency or employer for any purpose services, and digital media. Asylum, and International Operations authorized by law. RETRIEVABILITY: Directorate, 20 Massachusetts Avenue O. To the Social Security Records may be retrieved by an NW., Washington, DC 20529. Administration (SSA) for the purpose of individual’s name, date of birth, issuing a Social Security number and NOTIFICATION PROCEDURE: address, A-Number, Receipt Number, card to an alien who has made a request Individuals seeking notification of SSN, or a combination thereof. for a Social Security number as part of and access to any record contained in the immigration process and in SAFEGUARDS: this system of records, or seeking to accordance with any related agreements DHS/USCIS safeguards records contest its content, may submit a in effect between the SSA, DHS, and the according to applicable rules and request in writing to the National DOS entered into pursuant to 20 CFR policies, including all applicable DHS Records Center (NRC) FOIA/PA Office, 422.103(b) (3); 422.103(c); and automated systems security and access P.O. Box 648010, Lee’s Summit, MO 422.106(a), or other relevant laws and policies. DHS/USCIS has imposed strict 64064–8010. The NRC can be found at regulations. controls imposed to minimize the risk of http://www.dhs.gov/foia under P. To federal and foreign government compromising the information that is ‘‘Contacts.’’ If an individual believes intelligence or counterterrorism being stored. Access to the computer more than one component maintains agencies or components when DHS system containing the records in this Privacy Act (PA) records concerning becomes aware of an indication of a system is limited to those individuals him or her, the individual may submit threat or potential threat to national or who have a need to know the the request to the Chief Privacy Officer international security, or when the information for the performance of their and Chief Freedom of Information Act information is needed to assist in anti- official duties and who have appropriate (FOIA) Officer, Department of terrorism efforts and disclosure is clearances or permissions. Homeland Security, 245 Murray Drive appropriate to the proper performance SW., Building 410, STOP–0655, of the official duties of the person RETENTION AND DISPOSAL: Washington, DC 20528. making the disclosure. DHS/USCIS stores the physical When seeking records about yourself Q. To officials of other federal, state, documents (paper forms) and from this system of records or any other and local government agencies and supplemental documentation in the Departmental system of records, your adoption agencies and social workers to Alien File and processes applications request must conform with the Privacy elicit information required for making a and petitions in the respective DHS/ Act regulations set forth in 6 CFR part final determination of the prospective USCIS case management system. 5. You must first verify your identity, adoptive parent’s ability to care for a Physical applications and supplemental meaning that you must provide your full beneficiary or the beneficiary’s documentation is stored in the Alien name, current address, and date and immigration eligibility. File. The A-File records are permanent place of birth. You must sign your whether hard copy or electronic. USCIS request, and your signature must either R. To the Department of Health and transfers the A-Files to the custody of be notarized or submitted under 28 Human Services to obtain information NARA 100 years after the individual’s U.S.C. 1746, a law that permits about children who are under its legal date of birth. statements to be made under penalty of custody and/or protection. Electronic benefits information is perjury as a substitute for notarization. S. To the news media and the public, archived and disposed of in accordance While no specific form is required, you with the approval of the Chief Privacy with NARA-approved retention may obtain forms for this purpose from Officer in consultation with counsel, schedule for the respective USCIS case the Chief Privacy Officer and Chief when there exists a legitimate public management systems (CAMINO and Freedom of Information Act Officer, interest in the disclosure of the ACMS): http://www.dhs.gov/foia or 1–866–431– information, when disclosure is • Electronic data pertaining to 0486. In addition, you should: necessary to preserve confidence in the intercountry applications and petitions • Explain why you believe the integrity of DHS, or when disclosure is filed internationally are electronically Department would have information on necessary to demonstrate the stored in CAMINO. NARA approved the you; accountability of DHS officers, CAMINO retention schedule [N1–566– • Identify which component(s) of the employees, or individuals covered by 12–06] on April 17, 2013. CAMINO Department you believe may have the the system, except to the extent the retains records 25 years from the last information about you; Chief Privacy Officer determines that completed action. • Specify when you believe the release of the specific information in the • Electronic data pertaining to records would have been created; and context of a particular case would intercountry applications and petitions • Provide any other information that constitute an unwarranted invasion of filed domestically are stored in ACMS. will help the FOIA staff determine personal privacy. USCIS is working with NARA to which DHS component agency may develop a retention and disposal have responsive records. DISCLOSURE TO CONSUMER REPORTING schedule for data contained within If your request is seeking records AGENCIES: ACMS. USCIS proposal for retention pertaining to another living individual, None. and disposal of these records is to store you must include a statement from that

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individual certifying his/her agreement System of Records, 78 FR 69864 Services (USCIS)–004 Systematic Alien for you to access his/her records. (November 21, 2013); Verification for Entitlements (SAVE) Without the above information, the • DHS/USCIS–002 Background Check Program’’ system of records. DHS/ component(s) may not be able to Service, 72 FR 31082 (June 5, 2007); USCIS collects, uses, and maintains the conduct an effective search, and your • DHS/USCIS–003 Biometric Storage SAVE Program records on noncitizen request may be denied due to lack of System, 72 FR 17172 (April 6, 2007); applicants for public benefits, licenses, specificity or lack of compliance with • DHS/USCIS–006 Fraud Detection grants, governmental credentials, or applicable regulations. and National Security Records (FDNS) other statutorily authorized purposes. 77 FR 47411 (August 8, 2012); DHS/USCIS is updating this system of RECORD ACCESS PROCEDURES: • DHS/USCIS–007 Benefit records to: (1) Update the category of See ‘‘Notification procedure’’ above. Information System, 81 FR 72069, individuals to include sponsors listed CONTESTING RECORD PROCEDURES: (October 19, 2016) on the Form I–864 Affidavit of Support • See ‘‘Notification procedure’’ above. DHS/CBP–011 U.S. Customs and Under Section 213A of the Act; (2) Border Protection TECS, 73 FR 77778 expand the categories of records to RECORD SOURCE CATEGORIES: (December 19, 2008); clarify the data elements that USCIS Information contained in this system • DHS/CBP–021 Arrival and collects from benefit requestors, spouse, of records is primarily supplied by Departure Information System (ADIS), and children; the Dun & Bradstreet Data prospective adoptive parents and adult 80 FR 72081 (November 18, 2015); Universal Numbering System (DUNS) • members of the household on forms DHS/NPPD–004 DHS Automated number of the benefit granting agency; associated with either the Hague Biometric Identification System and information collected from the Adoption Convention process or the (IDENT), 72 FR 31080 (June 5, 2007); benefit-issuing agency about users • orphan intercountry adoption process. JUSTICE/FBI–002 The FBI Central accessing the system to facilitate These application and petition forms Records System, 72 FR 3410 (January immigration status verification; (3) add include: 25, 2007); new routine use (I) to account for • • Form I–600, Petition to Classify JUSTICE/FBI–009 Fingerprint disclosure to airport operators as Orphan as an Immediate Relative Identification Records System (FIRS), 72 authorized by the FAA Extension, • Form I–600A, Application for FR 3410 (January 25, 2007); • Safety, and Security Act of 2016; (4) Advance Processing of Orphan Petition STATE–05 Overseas Citizens expand and add additional record • Form I–600A/Form I–600, Services Records, 73 FR 24343 (May 2, source categories; and (5) explain that Supplement 1 (Listing of Adult Member 2008); • this system of records contains records of the Household) STATE–26 Passport Records, 76 FR from systems of records that may claim • Form I–800, Petition to Classify 34966 (July 6, 2011); and • exemptions and DHS will comply with Convention Adoptee as an Immediate STATE–39 Visa Records, 77 FR the record source system exemptions Relative 65245 (October 25, 2012). when relevant. Additionally, this notice • Form I–800A, Application for includes non-substantive changes to Determination of Suitability to Adopt a EXEMPTIONS CLAIMED FOR THE SYSTEM: simplify the formatting and text of the Child from Convention Country None. • Form I–800A Supplement 1 (Listing previously published notice. Dated: October 27, 2016. This updated system will be included of Adult Member of the Household) Jonathan R. Cantor, • Form I–800A Supplement 2 in the Department of Homeland Acting Chief Privacy Officer, Department of Security’s inventory of record systems. (Consent to Disclose Information) Homeland Security. • Form I–800A Supplement 3 DATES: Submit comments on or before (Request for Action on Approved Form [FR Doc. 2016–26498 Filed 11–7–16; 8:45 am] December 8, 2016. This updated system I–800A) BILLING CODE 9111–97–P will be effective December 8, 2016. Information contained in this system ADDRESSES: You may submit comments, of records is also obtained through DEPARTMENT OF HOMELAND identified by docket number DHS– representatives of prospective adoptive SECURITY 2016–0076 by one of the following parents and other organizations methods: • involved in an intercountry adoption Office of the Secretary Federal e-Rulemaking Portal: http:// case including information from the www.regulations.gov. Follow the child’s country of origin; the home [Docket No. DHS–2016–0076] instructions for submitting comments. study prepared by an authorized home • Fax: 202–343–4010. Privacy Act of 1974; Department of • Mail: Jonathan R. Cantor, Acting study preparer submitted to USCIS in Homeland Security United States furtherance of the intercountry adoption Chief Privacy Officer, Privacy Office, Citizenship and Immigration Services– Department of Homeland Security, immigration process; interviews 004 Systematic Alien Verification for performed by authorized USCIS and Washington, DC 20528. Entitlements Program System of Instructions: All submissions received DOS personnel of individuals seeking to Records adopt; and data obtained from other must include the agency name and DHS and non-DHS federal agency’s AGENCY: Department of Homeland docket number for this rulemaking. All systems and databases, including the Security, Privacy Office. comments received will be posted without change to http:// Federal Bureau of Investigation, DOS, ACTION: Notice of Privacy Act System of and U.S. Customs and Border Records. www.regulations.gov, including any Protection. personal information provided. Specifically, Intercountry Adoptions SUMMARY: In accordance with the Docket: For access to the docket to Security stores and uses information Privacy Act of 1974, the Department of read background documents or from the following USCIS, DHS, and Homeland Security (DHS) proposes to comments received, please visit http:// other federal agency systems of records: update and reissue a current DHS www.regulations.gov. • DHS/USCIS/ICE/CBP–001 Alien system of records titled, ‘‘DHS/United FOR FURTHER INFORMATION CONTACT: For File, Index, and National File Tracking States Citizenship and Immigration general questions, please contact:

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Donald K. Hawkins, (202) 272–8000, user ID, type of benefit(s) the agency protections to all individuals when Privacy Officer, U.S. Citizenship and issues (e.g. Unemployment Insurance, systems of records maintain information Immigration Services, 20 Massachusetts Educational Assistance, Driver on U.S. citizens, lawful permanent Avenue NW., Washington, DC 20529. Licensing, Social Security residents, and visitors. For privacy questions, please contact: Enumeration)); (3) add routine use (I) to Below is the description of the DHS/ Jonathan R. Cantor, (202) 343–1717, account for non-governmental agencies USCIS–004 Systematic Alien Acting Chief Privacy Officer, Privacy authorized by law to access the SAVE Verification for Entitlements (SAVE) Office, U.S. Department of Homeland Program pursuant to the FAA Extension, System of Records. Security, Washington, DC 20528. Safety, and Security Act of 2016; (4) In accordance with 5 U.S.C. 552a(r), SUPPLEMENTARY INFORMATION: update the record source categories from DHS has provided a report of this U.S. Customs and Border Protection system of records to the Office of I. Background (CBP) Nonimmigrant Information Management and Budget and to In accordance with the Privacy Act of System and Border Crossing Information Congress. 1974, 5 U.S.C. 552a, DHS/USCIS (NIIS and BCI) to CBP TECS and CBP proposes to update and reissue a current Automatic Tracking System-Passenger System of Records DHS system of records titled, ‘‘DHS/U.S. (ATS–P) and add the USCIS Electronic Department of Homeland Security Citizenship and Immigration Services Immigration System (ELIS) and the (DHS)/U.S. Citizenship and Immigration (USCIS)–004, Systematic Alien USCIS Person Centric Query Service Services (USCIS)–004 Verification for Entitlement (SAVE) (PCQS); (5) update to include Program System of Records.’’ exemptions because this system of SYSTEM NAME: The SAVE Program is a primarily records receives records from other DHS/USCIS–004 Systematic Alien web-based service designed to assist systems that may be exempted under 5 Verification for Entitlements (SAVE) Federal, State, tribal, and local U.S.C. 552a(j)(2). DHS will claim the Program government agencies, benefit-issuing same exemptions for those records that SECURITY CLASSIFICATION: agencies, private entities, institutions, are claimed for the original primary and licensing bureaus authorized by law systems of records from which they Unclassified, For Official Use Only. in determining immigration status for originated. Furthermore, this notice SYSTEM LOCATION: granting benefits, licenses, and other includes non-substantive changes to Records are maintained at USCIS lawful purposes. Benefits may include simplify the formatting and text of the Headquarters in Washington, DC, DHS/ Social Security benefits, public health previously published notice. USCIS domestic and international field care, food stamps, conducting Consistent with DHS’s information offices, and at the DHS Stennis Data background investigations, armed forces sharing mission, information stored in Center (DC1). recruitment, REAL ID compliance, or the DHS/USCIS–004 Systematic Alien any other statutorily authorized Verification for Entitlement (SAVE) CATEGORIES OF INDIVIDUALS COVERED BY THE purpose. The SAVE Program does not Program may be shared with other DHS SYSTEM: provide determinations regarding an components that have a need to know Categories of individuals covered by applicant’s eligibility for a specific the information to carry out their this system include both U.S. citizens benefit or license; only the benefit national security, law enforcement, and non-U.S. citizens covered by granting agency can make that immigration, intelligence, or other provisions of the Immigration and determination. The SAVE Program does homeland security functions. In Nationality Act of the United States, not receive the customer agency’s final addition, DHS/USCIS may share including individuals who have been determination of benefit eligibility. information with appropriate Federal, lawfully admitted to the United States, USCIS is updating this Privacy Act State, local, tribal, territorial, foreign, or individuals who have been granted or System of Records Notice for the SAVE international government agencies derived U.S. citizenship, and Program to (1) update the category of consistent with the routine uses set individuals who have applied for other individuals covered by this SORN, to forth in this system of records notice. immigration benefits pursuant to 8 include sponsors listed on the Form I– This updated system will be included U.S.C. 1103 et seq., as well as sponsors 864, Affidavit of Support Under Section in DHS’s inventory of record systems. listed on the Form I–864, Affidavit of 213A of the Act and information II. Privacy Act Support Under Section 213A of the Act. collected from the benefit-issuing agency about users accessing the system The Privacy Act embodies fair CATEGORIES OF RECORDS IN THE SYSTEM: to facilitate immigration status information practice principles in a Information collected from the benefit verification; (2) expand the category of statutory framework governing the applicant by the agency issuing the records to include foreign passport means by which Federal Government benefit to facilitate immigration status expiration number; copies of original agencies collect, maintain, use, and verification may include the following immigration documents submitted by disseminate individuals’ records. The about the benefit applicant: the SAVE customer; photos; Privacy Act applies to information that • Full Name; employment authorization document; is maintained in a ‘‘system of records.’’ • Date of birth; grant date; and sponsor name, address, A ‘‘system of records’’ is a group of any • Country of birth; and Social Security number (SSN); the records under the control of an agency • A-Number; Dun & Bradstreet Data Universal from which information is retrieved by • SSN (in very limited circumstances Numbering System (DUNS) number of the name of an individual or by some using the Form G–845, Document the benefit granting agency; information identifying number, symbol, or other Verification Request); collected from the benefit-issuing identifying particular assigned to the • Receipt number; agency about users accessing the system individual. In the Privacy Act, an • Admission number (I–94 number); to facilitate immigration status individual is defined to encompass U.S. • Customer Agency Case number; verification (e.g., agency name, address, citizens and lawful permanent • Agency DUNS number; point(s) of contact, contact telephone residents. As a matter of policy, DHS • Visa number; number, fax number, email address, extends administrative Privacy Act • DHS Document type;

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• DHS Document Expiration date; • Document Receipt number; Public Law 111–148, 124 Stat. 119 (Mar. • Government-issued identification • Codes (e.g., class of admission, file 23, 2010), as amended by the Health (e.g., passport): control office, provision of law cited for Care and Education Reconciliation Act Æ Document type; employment authorization); of 2010, Public Law 111–152, 124 Stat. Æ Country of issuance (COI); • Beneficiary information (e.g., Full 1029 (Mar. 30, 2010); and the FAA Æ Document number; Name, A-Number, Date of birth, Country Extension, Safety and Security Act of Æ Expiration date; and of birth, SSN); 2016, Public Law 114–190, 130 Stat. 615 Æ Benefit requested (e.g., • Petitioner information (e.g., Full (July 15, 2016). unemployment insurance, educational Name, A-Number, SSN, Tax number, PURPOSE(S): assistance, driving licensing). Naturalization Certificate number); • Copies of original immigration • Sponsor information (e.g., Full The purpose of this system is to documents; and Name, Address, SSN); provide a fee-based service that assists • U.S. Immigration and Custom • Spouse information (e.g., Full federal, state, tribal, or local government Enforcement (ICE) Student and Name, A-Number, Date of birth, Country agencies, or contractors acting on the Exchange Visitor Identification System of birth, Country of citizenship, Class of agency’s behalf, private entities and (SEVIS) ID. admission, Date of admission, Receipt agencies and licensing bureaus for any System-generated responses as a number, Phone number, Marriage date legally mandated purpose in accordance result of the SAVE program verification and location, Naturalization date and with an authorizing statute to confirm process including: location); immigration and naturalized and • Case Verification; and • Children information (e.g., Full derived citizen status information, to • SAVE program response. Name, A-Number, Date of birth, Country the extent that such disclosure is Information collected from the of birth, Class of admission); and necessary to enable these agencies and benefit-issuing agency about users • Employer information (e.g., Full entities to make decisions related to (1) accessing the system to facilitate Name, Address, Supervisor’s name, determining eligibility for a federal, immigration status verification that may Supervisor’s Phone number). state, or local public benefit; (2) issuing include the following about the agency: Case history information may include: a license or grant; (3) issuing a • Agency name; • Alert(s); government credential; (4) conducting a • Address; • Case summary comments; background investigation; or (5) any • Names of Point(s) of Contact; • Case category; other lawful purpose. • Contact telephone number; • Date of encounter; ROUTINE USES OF RECORDS MAINTAINED IN THE • Fax number; • Encounter information; SYSTEM, INCLUDING CATEGORIES OF USERS AND • Email address; • Custody actions and decisions; THE PURPOSES OF SUCH USES: • User ID; and • Case actions and decisions; In addition to those disclosures • Type of benefit(s) the agency issues • Bonds; generally permitted under 5 U.S.C. (e.g., Unemployment Insurance, • Photograph; 552a(b) of the Privacy Act, all or a Educational Assistance, Driver • Asylum applicant receipt date; portion of the records or information Licensing, and Social Security • Airline and flight number; contained in this system may be Enumeration). • Country of residence; disclosed outside DHS as a routine use Individual information that may be • City (e.g., where boarded, where pursuant to 5 U.S.C. 552a(b)(3) as used by the SAVE program includes: visa was issued); follows: • Full Name; • Date visa issued; A. To the U.S. Department of Justice • Date of birth; • Address in United States; (DOJ), including Offices of the United • Country of birth; • Nationality; States Attorneys, or other federal agency • A-Number; • Decision memoranda; Investigatory conducting litigation or in proceedings • SSN; reports and materials compiled for the before any court, adjudicative, or • Photograph; purpose of enforcing immigration laws; administrative body, when it is relevant • Government-issued identification • Exhibits; or necessary to the litigation and one of (e.g., passport): • Transcripts; and the following is a party to the litigation Æ • Document type; Other case-related papers or has an interest in such litigation: Æ Country of issuance (COI); concerning aliens, alleged aliens, or 1. DHS or any component thereof; Æ Document number; and lawful permanent residents brought into 2. Any employee or former employee Æ Expiration date. the administrative adjudication process. of DHS in his/her official capacity; • Visa number; 3. Any employee or former employee • Form numbers (e.g., Form I–551, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: of DHS in his/her individual capacity Lawful Permanent Resident Card, Form Authority for having a system for when DOJ or DHS has agreed to I–766, Employment Authorization verification of immigration status is represent the employee; or Document); found in Immigration Reform and 4. The United States or any agency • Other unique identifying numbers Control Act (IRCA), Public Law 99–603, thereof. (e.g., Federal Bureau of Investigation 100 Stat. 3359 (1986); Personal B. To a congressional office from the Number (FIN), SEVIS Identification Responsibility and Work Opportunity record of an individual in response to Number (SEVIS ID), Admission number Reconciliation Act (PRWORA), Public an inquiry from that congressional office (I–94 number); Law 104–193, 110 Stat. 2105 (1996); made at the request of the individual to • Entry/Departure date; Title IV, Subtitle A, of Illegal whom the record pertains. • Port of entry; Immigration Reform and Immigrant C. To the National Archives and • Alien Status Change date; Responsibility Act (IIRIRA), Public Law Records Administration (NARA) or • Naturalization date; 104–208, 110 Stat. 3009 (1997); the General Services Administration • Date admitted until, country of REAL ID Act of 2005, Public Law 109– pursuant to records management citizenship; 13, 119 Stat. 231 (2005); Patient inspections being conducted under the • Document Grant date; Protection and Affordable Care Act, authority of 44 U.S.C. 2904 and 2906.

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D. To an agency or organization for as required by the FAA Extension, completion of verification, unless the the purpose of performing audit or Safety, and Security Act of 2016. records are part of an ongoing oversight operations as authorized by J. To the news media and the public, investigation in which case they will be law, but only such information as is with the approval of the Chief Privacy retained until completion of the necessary and relevant to such audit or Officer in consultation with counsel, investigation. This period is based on oversight function. when there exists a legitimate public the statute of limitations for most types E. To appropriate agencies, entities, interest in the disclosure of the of misuse or fraud possible using SAVE and persons when: information, when disclosure is (under 18 U.S.C. 3291, the statute of 1. DHS suspects or has confirmed that necessary to preserve confidence in the limitations for false statements or the security or confidentiality of integrity of DHS, or when disclosure is misuse regarding passports, citizenship, information in the system of records has necessary to demonstrate the or naturalization documents). been compromised; accountability of DHS officers, 2. DHS has determined that as a result employees, or individuals covered by SYSTEM MANAGER AND ADDRESS: of the suspected or confirmed the system, except to the extent the The DHS system manager is the Chief, compromise, there is a risk of identity Chief Privacy Officer determines that Verification Division, U.S. Citizenship theft or fraud, harm to economic or release of the specific information in the and Immigration Services, Department property interests, harm to an context of a particular case would of Homeland Security, 131 M Street NE., individual, or harm to the security or constitute an unwarranted invasion of Suite 200, Mail Stop 200, Washington, integrity of this system or other systems personal privacy. DC 20529. or programs (whether maintained by DHS or another agency or entity) that DISCLOSURE TO CONSUMER REPORTING NOTIFICATION PROCEDURE: AGENCIES: rely upon the compromised Individuals seeking notification of None. information; and and access to any record contained in 3. The disclosure made to such POLICIES AND PRACTICES FOR STORING, this system of records, or seeking to agencies, entities, and persons is RETRIEVING, ACCESSING, RETAINING, AND contest its content, may submit a reasonably necessary to assist in DISPOSING OF RECORDS IN THE SYSTEM: request in writing to the National connection with DHS’s efforts to STORAGE: Records Center, Freedom of Information respond to the suspected or confirmed Act (FOIA)/Privacy Act (PA) Office, P.O. compromise and prevent, minimize, or USCIS stores records in this system electronically or on paper in secure Box 648010, Lee’s Summit, MO 64064– remedy such harm. 8010. Specific FOIA information can be F. To contractors and their agents, facilities in a locked drawer behind a found at http://www.dhs.gov/foia under grantees, experts, consultants, and locked door. The records may be stored ‘‘Contacts.’’ If an individual believes others performing or working on a on magnetic disc, tape, and digital more than one component maintains contract, service, grant, cooperative media. Privacy Act records concerning him or agreement, or other assignment for DHS, RETRIEVABILITY: her, the individual may submit the when necessary to accomplish an USCIS retrieves records by name of request to the Chief Privacy Officer and agency function related to this system of applicant or other unique identifier to Chief Freedom of Information Act records. Individuals provided include (but not limited to): Verification Officer, Department of Homeland information under this routine use are Number, A-Number, I–94 Number, SSN, Security, 245 Murray Drive, SW., subject to the same Privacy Act Passport number and Country of Building 410, STOP–0655, Washington, requirements and limitations on Issuance (COI), Visa number, SEVIS DC 20528. When seeking records about disclosure as are applicable to DHS Identification, or by the submitting yourself from this system of records or officers and employees. agency name. G. To an appropriate federal, state, any other Departmental system of records, your request must conform local, tribal, territorial, international, or SAFEGUARDS: foreign law enforcement agency or other with the Privacy Act regulations set USCIS safeguards records in this forth in 6 CFR part 5. You must first appropriate authority charged with system according to applicable rules investigating or prosecuting a violation, verify your identity, meaning that you and policies, including all applicable must provide your full name, current enforcing, or implementing a law, rule, DHS automated systems security and regulation, or order, when a record, address, and date and place of birth. access policies. USCIS has imposed You must sign your request, and your either on its face or in conjunction with strict controls to minimize the risk of other information, indicates a violation signature must either be notarized or compromising the information that is submitted under 28 U.S.C. 1746, a law or potential violation of law, which being stored. Access to the computer includes criminal, civil, or regulatory that permits statements to be made system containing the records in this under penalty of perjury as a substitute violations and such disclosure is proper system is limited to those individuals and consistent with the official duties of for notarization. While no specific form who have a need to know the is required, you may obtain forms for the person making the disclosure. information for the performance of their H. To approved federal, state, and this purpose from the Chief Privacy official duties and who have appropriate Officer and Chief FOIA Officer, http:// local government agencies for any clearances or permissions. legally mandated purpose in accordance www.dhs.gov/foia or 1–866–431–0486. with their authorizing statute or law and RETENTION AND DISPOSAL: In addition, you should: • when an approved Memorandum of The retention and disposal schedule, Explain why you believe the Agreement or Computer Matching N1–566–08–7, has been approved by the Department would have information on Agreement (CMA) is in place between National Archives and Records you; DHS and the entity. Administration. Records collected in the • Identify which component(s) of the I. To airport operators to determine process of enrolling in SAVE and in Department you believe may have the the eligibility of individuals seeking verifying citizenship or immigration information about you; unescorted access to any Security status are stored and retained in SAVE • Specify when you believe the Identification Display Area of an airport, for ten (10) years from the date of the records would have been created; and

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• Provide any other information that • Student and Exchange Visitor FOR FURTHER INFORMATION CONTACT: will help the FOIA staff determine Identification System (SEVIS); Christina A. Walsh at the above address, which DHS component agency may • Immigration status (e.g., Lawful or by telephone (571) 227–2062. have responsive records; Permanent Resident) from the SUPPLEMENTARY INFORMATION: • If your request is seeking records Department of Justice Executive Office pertaining to another living individual, of Immigration Review (EOIR) System; Comments Invited you must include a statement from that and In accordance with the Paperwork individual certifying his/her agreement • Department of State the Consular Reduction Act of 1995 (44 U.S.C. 3501 for you to access his/her records. Consolidated Database (DOS–CCD). et seq.), an agency may not conduct or Without the above information, the (E) Information created by the sponsor, and a person is not required to component(s) may not be able to Systematic Alien Verification for respond to, a collection of information conduct an effective search, and your Entitlements (SAVE) program. unless it displays a valid OMB control request may be denied due to lack of EXEMPTIONS CLAIMED FOR THE SYSTEM: number. The ICR documentation is specificity or lack of compliance with available at http://www.reginfo.gov. This system may receive records from applicable regulations. Therefore, in preparation for OMB another system exempted in that source review and approval of the following RECORD ACCESS PROCEDURES: system under 5 U.S.C. 552a(j)(2). DHS information collection, TSA is soliciting will claim the same exemptions for See ‘‘Notification procedure’’ above. comments to— those records that are claimed for the (1) Evaluate whether the proposed CONTESTING RECORD PROCEDURES: systems of records from which they information requirement is necessary for See ‘‘Notification procedure’’ above. originated. the proper performance of the functions RECORD SOURCE CATEGORIES: Dated: October 27, 2016. of the agency, including whether the Records are obtained from several Jonathan R. Cantor, information will have practical utility; sources to include: Acting Chief Privacy Officer, Department of (2) Evaluate the accuracy of the (A) Agencies and entities seeking to Homeland Security. agency’s estimate of the burden; determine immigration or naturalized or [FR Doc. 2016–26499 Filed 11–7–16; 8:45 am] (3) Enhance the quality, utility, and derived citizenship status; BILLING CODE 9111–97–P clarity of the information to be (B) Individuals seeking public collected; and licenses, benefits, or credentials; (4) Minimize the burden of the (C) Other DHS components assisting DEPARTMENT OF HOMELAND collection of information on those who with enrollment and system SECURITY are to respond, including using maintenance processes; appropriate automated, electronic, (D) Information collected from the Transportation Security Administration mechanical, or other technological federal databases listed below: collection techniques or other forms of • Arrival/Departure Information Intent To Request Approval From OMB information technology. System (ADIS); of One New Public Collection of • Central Index System (CIS); Information: Certification of Identity Information Collection Requirement • Computer-Linked Application Form (TSA Form 415) Purpose and Description of Data Information Management System 3 & 4 AGENCY: Transportation Security Collection (CLAIMS 3 & CLAIMS 4); Administration, DHS. TSA requires individuals to provide • Customer Profile Management ACTION: 60-Day notice. an acceptable verifying identity System (CPMS); document in order to proceed through • Customs and Border Protection’s SUMMARY: The Transportation Security security screening, enter the sterile area (CBP) TECS; Administration (TSA) invites public • CBP Automatic Tracking System- of the airport, or board a commercial comment on a new Information aircraft. Under 49 CFR 1560.3, Passenger (ATS–P); Collection Request (ICR) abstracted • Electronic Immigration System acceptable verifying identity documents below that we will submit to the Office include federally-issued documents, (ELIS); of Management and Budget (OMB) for • Enforcement Integrated Database such as U.S. passports and U.S. passport approval in compliance with the cards, passports issued by foreign (EID); Paperwork Reduction Act (PRA). The • Enforcement Alien Removal governments, and state-issued driver’s ICR describes the nature of the licenses and identification cards. The Module (EARM); information collection and its expected • Enterprise Service Bus Person complete list of acceptable verifying burden. The collection involves an identity documents is available at Centric Query Service (ESB PCQS); individual traveler providing his or her • Enterprise Citizenship and www.tsa.gov/sites/default/files/ name and address and information Immigration Services Centralized resources/realid_factsheet_071516– about verifying identity documents that Operational Repository (eCISCOR); 508.pdf. have been issued to the traveler but are • Enterprise Document Management Secure driver’s licenses and not present with him or her at an airport System (EDMS); identification documents are a vital security screening checkpoint. • Marriage Fraud Amendment System component of the Department of (MFAS); DATES: Send your comments by January Homeland Security’s (DHS’s) national • Microfilm Digitization Application 9, 2017. security strategy. In particular, System (MiDAS); ADDRESSES: Comments may be emailed preventing terrorists from obtaining • National File Tracking System to [email protected] or delivered to state-issued identification documents is (NFTS); the TSA PRA Officer, Office of critical to securing the United States • Refugees, Asylum, and Parole Information Technology (OIT), TSA–11, against terrorism. The 9/11 Commission System (RAPS); Transportation Security Administration, noted ‘‘[f]or terrorists, travel documents • DOJ’s Immigration Review 601 South 12th Street, Arlington, VA are as important as weapons’’ and Information Exchange System (IRIES); 20598–6011. recommended that the Federal

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Government work with other levels of or she will be allowed to enter the document and these travelers being government to solidify the security of screening checkpoint. Travelers using unable to proceed through the security government-issued identification this process for identity verification may checkpoint and board a commercial documents.1 be subject to additional security aircraft. The REAL ID Act of 2005 (REAL ID screening. A traveler will not be The most likely respondents to this Act) 2 was enacted to further the goal of permitted to fly if his or her identity proposed information request are securing state-issued identification cannot be confirmed. A traveler also travelers who arrive at an airport documents to address terrorism, identity will not be permitted to fly if he or she security checkpoint without an fraud, and illegal immigration. Section declines to cooperate with the identity acceptable verifying identity document 202 of the REAL ID Act prohibits verification process. because they lost or forgot their driver’s Federal agencies from accepting state- To initiate the identity verification license or other state-issued issued 3 driver’s licenses or process, a traveler without an acceptable identification card. Other likely identification cards for specified official verifying identity document must respondents are travelers who had their purposes, unless such documents are complete a Certification of Identity verifying identity document stolen and determined by the Secretary of (COI) form (TSA Form 415). The current travelers carrying a form of Homeland Security to meet minimum TSA Form 415 requests the traveler’s identification that they incorrectly security requirements, including the name and address. After completing the believed to be acceptable. TSA estimates incorporation of specified data, a form, the traveler is connected with that approximately 191,214 passengers common machine-readable technology, TSA’s Identity Verification Call Center will complete the TSA Form 415 and certain anti-fraud security features. (IVCC). The IVCC searches various annually. TSA estimates each form will The ‘‘official purposes’’ defined in the commercial and government databases take approximately three minutes to REAL ID Act include ‘‘boarding using the name and address on the TSA complete. This collection would result federally regulated commercial aircraft.’’ Form 415 as key search criteria to find in an annual reporting burden of 9,561 To implement the REAL ID Act, TSA other identifying information about the hours. may accept state-issued verifying traveler. The IVCC then asks the traveler Dated: November 3, 2016. identity documents only if they have a series of questions based on Christina A. Walsh, been issued by a state that is in information found in the databases to compliance with the minimum security verify the individual’s identity. TSA Paperwork Reduction Act Officer, Office requirements and standards set forth in To ensure that the identity of Information Technology. the Act, or if the state has received an verification process described above [FR Doc. 2016–26958 Filed 11–7–16; 8:45 am] extension from DHS. In accordance with does not become a means for travelers BILLING CODE 9110–05–P DHS policy, TSA will begin to circumvent implementation of the implementing the REAL ID Act at REAL ID Act, TSA is updating the airport security screening checkpoints process so that it is generally only DEPARTMENT OF THE INTERIOR on January 22, 2018. Starting on that available to travelers who certify that day, TSA will not accept state-issued they— Fish and Wildlife Service driver’s licenses and other state-issued • Reside in or have been issued a [FWS–R1–ES–2017–N180; identification cards from states that are driver’s license or state identification FXES11140100000–178–FF01E00000] not compliant with REAL ID Act card by a state that is compliant with requirements unless DHS has granted the REAL ID Act or a state that has been Draft Safe Harbor Agreement and the state a temporary extension to granted an extension by DHS; or Receipt of Application for an achieve compliance. • Have been issued another verifying Enhancement of Survival Permit for Concurrently with implementation of identity document that TSA accepts. the Kamehameha Schools; Keauhou the REAL ID Act, TSA is updating the To enable travelers to make this and Kilauea Forest Lands, Hawaii identity verification process for travelers certification, TSA is revising Form 415. Island, Hawaii who arrive at an airport security The revised TSA Form 415 requests a checkpoint without an acceptable traveler’s name and address and asks for AGENCY: Fish and Wildlife Service, verifying identity document. This the following additional information: Interior. process involves a traveler providing his (1) Whether the traveler has been ACTION: Notice of availability; request or her name and address and answering issued a driver’s license or state for comments. questions to confirm his or her identity. identification card. SUMMARY: If the traveler’s identity is confirmed, he (2) If yes, the state that issued the We, the U.S. Fish and document. Wildlife Service (Service), have received 1 Thomas H. Kean, Lee H. Hamilton, and the (3) Whether the traveler has been an application from Kamehameha National Commission on Terrorist Attacks, ‘‘The 9/ issued an acceptable verifying identity Schools (KS), a private charitable 11 Commission report: Final Report of the National document other than a state-issued education trust, for an enhancement of Commission on Terrorist Attacks Upon the United driver’s license or identification card. survival permit (permit) under the States (9/11 Report)’’ (Washington, DC, U.S. Endangered Species Act of 1973, as Government Printing Office, Official Government Use of Results Edition, July 22, 2004), p. 384. Available at https:// amended (ESA). The permit application www.gpo.gov/fdsys/pkg/GPO–911REPORT/content- TSA will use the information includes a draft Safe Harbor Agreement detail.html. provided on revised TSA Form 415 to (SHA) between KS, the Service, and the 2 ‘‘Emergency Supplemental Appropriations Act generate questions intended to verify Hawaii Department of Land and Natural for Defense, the Global War on Terror, and Tsunami Relief, 2005,’’ Public Law 109–13, Div. B—REAL ID the identity of a traveler who arrives at Resources (DLNR). Kamehameha Act of 2005, 119 Stat. 231, 302–23 (May 11, 2005). a security-screening checkpoint without Schools is proposing to conduct 3 The REAL ID Act defines the term ‘‘State’’ to an acceptable verifying identity proactive conservation activities to mean ‘‘a State of the United States, the District of document. A failure to collect this promote the survival and recovery of 32 Columbia, Puerto Rico, the Virgin Islands, Guam, information would result in TSA being American Samoa, the Northern Mariana Islands, the federally endangered species and one Trust Territory of the Pacific Islands, and any other unable to verify the identity of travelers species currently proposed for listing territory or possession of the United States.’’ without an acceptable verifying identity (‘‘covered species’’) across the Keauhou

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and Kilauea Forest Lands, which activities on their property to enhance, permit application includes a draft SHA comprise 32,280 acres on the restore, or maintain habitat conditions between KS, the Service, and Hawaii southeastern slope of Mauna Loa, for species listed under the ESA (16 DLNR. The conservation objective of the Hawaii Island. We invite comments U.S.C. 1531 et seq.) to an extent that is SHA is to promote recovery of the from all interested parties on the permit likely to result in a net conservation following Federal- and State-endangered application, including the draft SHA benefit for the covered listed species. A birds: the Hawaii Creeper (Loxops and a draft environmental action SHA, and the associated permit issued mana); Hawaii Akepa (Loxops statement (EAS) prepared pursuant to to participating landowners pursuant to coccineus); Akiapolaau (Hemignathus the requirements of the National section 10(a)(1)(A) of the ESA, wilsoni); Io (Hawaiian Hawk; Buteo Environmental Policy Act (NEPA). encourage private and other non-Federal solitarius); Nene (Hawaiian Goose; property owners to implement DATES: To ensure consideration, please Branta sandvicensis); Alala (Hawaiian conservation actions for federally listed send your written comments by Crow; Corvus hawaiiensis); Hawaiian December 8, 2016. species by assuring the participating Hoary Bat (Opeapea; Lasiurus cinereus ADDRESSES: To request further landowners that they will not be subjected to increased property use semotus); and 25 endangered plant information or submit written species (collectively referred to as the comments, please use one of the restrictions as a result of their efforts to ‘‘covered species’’) through habitat following methods, and note that your either attract listed species to their information request or comments are in property, or to increase the numbers or restoration and management practices reference to the Kamehameha Schools— distribution of listed species already on (Table 1), as well as the Iiwi (Vestiaria Keauhou and Kilauea Forest Lands their property. coccinea), a species proposed for listing SHA, draft EAS, and the proposed The SHA and its associated permit as threatened. The activities issuance of the Permit: allow the property owner to alter or implemented under this SHA will aid in • Internet: Documents may be viewed modify the enrolled property back to increasing the current range of the on the internet at http://www.fws.gov/ agreed-upon pre-permit baseline covered species, restoring these species pacificislands/. conditions at the end of the term of the to part of their historic ranges, • Email: KamehamehaSchoolsSHA@ permit, even if such alteration or increasing the total population of these fws.gov. Include ‘‘Kamehameha Schools modification results in the incidental species, and reestablishing wild SHA and draft EAS’’ in the subject line take of a listed species. The baseline populations of these species, thus of the message. conditions must reflect the known contributing to their overall recovery. • biological and habitat characteristics U.S. Mail: Field Supervisor, U.S. Implementation of the SHA is also that support existing levels of use of the Fish and Wildlife Service, Pacific likely to reduce habitat fragmentation by Islands Fish and Wildlife Office, 300 enrolled property by species covered in connecting a network of protected and Ala Moana Boulevard, Room 3–122, the SHA. The authorization to take managed State, Federal, and private Honolulu, HI 96850. listed species is contingent on the • Fax: 808–792–9581, Attn: Field property owner complying with lands within the south central region of Supervisor. Include ‘‘Kamehameha obligations in the SHA and the terms Hawaii Island and is also likely to Schools SHA and draft EAS’’ in the and conditions of the permit. The SHA’s benefit other native species. subject line of the message. net conservation benefits must be Of the covered species, all but one of • In-Person Drop-off, Viewing, or sufficient to contribute, either directly the wildlife species currently occur on Pickup: Comments and materials or indirectly, to the recovery of the the property. The Alala is currently received will be available for public covered listed species. Enrolled extirpated in the wild, but survives inspection, by appointment, during landowners may make lawful use of the through an intensive captive breeding normal business hours at the U.S. Fish enrolled property during the term of the program and partnership between the and Wildlife Service, Pacific Islands permit and may incidentally take the San Diego Zoo, the Service, and Hawaii Fish and Wildlife Office, 300 Ala Moana listed species named on the permit in DLNR. The Alala will be reintroduced to Boulevard, Room 3–122, Honolulu, accordance with the terms and Hawaii 96850. Written comments can be the wild in November 2016 on State- conditions of the permit. owned lands adjacent to Keauhou and dropped off during regular business Permit application requirements and Kilauea Forest. It is likely that released hours at the above address on or before issuance criteria for enhancement of the closing date of the public comment survival permits for SHAs are found in Alala will disburse beyond the release period (see DATES). the Code of Federal Regulations (CFR) at site and enter the enrolled property FOR FURTHER INFORMATION CONTACT: Ms. 50 CFR 17.22(c). The Service’s Safe under the SHA. Of the covered plant Michelle Bogardus (Maui Nui and Harbor Policy (64 FR 32717, June 17, species, eight currently occur on the Hawaii Island Team Manager) or Ms. 1999) and the Safe Harbor Regulations enrolled property. The remaining Donna Ball (Hawaii Island Fish and (68 FR 53320, September 10, 2003; and covered plant species are known to have Wildlife Biologist), U.S. Fish and 69 FR 24084, May 3, 2004) are available historically occurred in the region, and Wildlife Service (see ADDRESSES), by at http://www.fws.gov/endangered/laws- may become re-established on the telephone at 808–792–9400. If you use policies/regulations-and-policies.html. enrolled property through habitat a telecommunications device for the enhancement and restoration activities Kamehameha Schools—Keauhou and deaf, please call the Federal Information described in the SHA, or may be Kilauea Forest Lands Safe Harbor Relay Service at 800–877–8339. outplanted on the enrolled property Agreement SUPPLEMENTARY INFORMATION: over the term of the SHA and permit. The Service has received a permit Background application from KS to authorize Under a SHA, participating incidental take of the covered species landowners undertake management with implementation of the SHA. The

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TABLE 1—WILDLIFE SPECIES COVERED UNDER THE KAMEHAMEHA SCHOOLS—KEAUHOU AND KILAUEA FOREST LANDS SAFE HARBOR AGREEMENT

Status State population Species Federal/State estimate Current distribution by island

Akiapolaau, (Hemignathus wilsoni) ...... Endangered ...... 1,900 ...... Hawaii. Hawaii Creeper, (Loxops mana) ...... Endangered ...... 14,000 ...... Hawaii. Hawaii Akepa (Loxops coccineus) ...... Endangered ...... 12,000 ...... Hawaii. Iiwi (Vestiaria coccinea) ...... Petitioned for Listing .. >300,000 ...... Hawaii, Maui, Kauai, Molokai, Oahu. Io, Hawaiian Hawk (Buteo solitarius) ...... Endangered ...... 1,200 ...... Hawaii. Alala, Hawaiian Crow (Corvus hawaiiensis) .... Endangered ...... 135 individuals in cap- Extinct in the wild. tivity. Nene, Hawaiian Goose (Branta sandvicensis) Endangered ...... 2500 ...... Hawaii, Maui, Kauai, Molokai, Oahu. Opeapea, Hawaiian Hoary Bat (Lasiurus Endangered ...... Widely distributed but Hawaii, Maui, Kauai, Molokai, Oahu. cinereus semotus). population unknown.

TABLE 2—PLANT SPECIES COVERED UNDER THE KAMEHAMEHA SCHOOLS—KEAUHOU AND KILAUEA FOREST LANDS SAFE HARBOR AGREEMENT

Status Current presence on Species Federal/State Current distribution by island the enrolled property

Asplenium peruvianum var. insulare ...... Endangered ...... Hawaii, Maui ...... Present. Clermontia lindseyana, Oha wai ...... Endangered ...... Hawaii, Maui ...... Present. Cyanea shipmanii, Haha ...... Endangered ...... Hawaii ...... Present. Cyanea stictophylla, Haha ...... Endangered ...... Hawaii ...... Present. Phyllostegia racemosa, Kiponapona ...... Endangered ...... Hawaii ...... Present. Phyllostegia velutina ...... Endangered ...... Hawaii ...... Present. Plantago hawaiensis ...... Endangered ...... Hawaii ...... Present. Vicia menziesii ...... Endangered ...... Hawaii ...... Present. Argyroxiphium kauens, Ahinahina ...... Endangered ...... Hawaii ...... Not Present. Clermontia peleana, Oha ...... Endangered ...... Hawaii, Maui ...... Not Present. Cyanea tritomantha, Aku ...... Endangered ...... Hawaii ...... Not Present. Cyrtandra giffardii, Haiwale ...... Endangered ...... Hawaii ...... Not Present. Cyrtandra tintinnabula, Haiwale ...... Endangered ...... Hawaii ...... Not Present. Hibiscadelphus giffardianus, Hau kuahiwi ...... Endangered ...... Hawaii ...... Not Present. Joinvillea ascendens, Ohe ...... Endangered ...... Hawaii, Maui, Kauai, Molokai, Oahu Not Present. Melicope zahlbruckneri, Alani ...... Endangered ...... Hawaii ...... Not Present. Neraudia ovata ...... Endangered ...... Hawaii ...... Not Present. Nothocestrum breviflorum, Aiea ...... Endangered ...... Hawaii ...... Not Present. Phyllostegia floribunda ...... Endangered ...... Hawaii ...... Not Present. Phyllostegia parviflora ...... Endangered ...... Hawaii, Maui, Oahu ...... Not Present. Ranunculus hawaiiensis, Makou ...... Endangered ...... Hawaii, Maui ...... Not Present. Sicyos alba, Anunu ...... Endangered ...... Hawaii ...... Not Present. Sicyos macrophyllus, Anunu ...... Endangered ...... Hawaii ...... Not Present. Silene hawaiiensis ...... Endangered ...... Hawaii ...... Not Present. Stenogyne angustifolia ...... Endangered ...... Hawaii, Maui, Molokai ...... Not Present.

The land area covered by the SHA bird populations. The area within the Covered activities associated with the and permit (‘‘enrolled property’’) Keauhou boundary was formerly altered SHA include: (1) Removal of invasive encompasses 32,280 acres on the by ranching and logging operations. predators; (2) habitat restoration and southeastern slope of Mauna Loa on the Currently no cattle ranching operations native plant community outplantings; island of Hawaii. The enrolled property exist, and both Keauhou and Kilauea are (3) koa silviculture; (4) ungulate fence is bounded by Federal lands to the west managed to preserve and restore the installation/maintenance and ungulate and south (Hawaii Volcanoes National native forests via ungulate removal, control; (5) invasive weed control; (6) Park), State lands to the east (Puu reforestation, and out-plantings of fire threat management; (7) response Makaala Natural Area Reserve) and native and rare species. In addition to efforts for Rapid Ohia Death; and (8) north (Mauna Loa Forest Reserve), and native forest restoration activities, other activities on the enrolled property State-leased lands to the north (Kipuka portions of Keauhou (but not Kilauea) that are not likely to result in take of the Ainahou Nene Sanctuary). Kamehameha will include forest management covered species due to the incorporation Schools’ management and stewardship practices for the purposes of sustainably of take avoidance and minimization practices have contributed to preserving harvesting native hardwoods. These measures. All of the covered activities some of the last remaining intact native efforts implemented by KS are expected are associated with enhancement of the forests in Hawaii. Keauhou Forest and to result in a further increase in native forest, and will result in a net Kilauea Forest support native habitat for biodiversity in the region. In addition, benefit to each of the covered species. numerous endangered species. A KS continues to provide educational If issued, the permit would authorize portion of the enrolled property, Kilauea opportunities to promote the incidental take of the covered species Forest, has been largely unaltered and conservation of healthy native that may occur as a result of the covered has long been recognized for its native ecosystems. activities. Incidental take associated

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with the implementation of the SHA is the potential to spread naturally onto in meeting their monitoring obligations anticipated to be very low due to the the enrolled property or be reintroduced under the SHA and permit. incorporation of significant take by KS in the future. The baseline for Incidental take of the forest birds (the avoidance and minimization measures these plants is zero. Akiapolaau, Hawaii Creeper, Hawaii for each covered activity. Both the SHA Akepa, and the Iiwi) may occur in the and the permit are proposed for a term TABLE 3—SUMMARY OF BASELINES form of harm or harassment from noise, of 50 years. (EXPRESSED IN TERMS OF INDI- visual disturbance, or removal of trees Kamehameha Schools is VIDUAL PLANTS) FOR COVERED in a portion of the property from koa simultaneously applying to the Hawaii PLANT SPECIES UNDER THE SHA silviculture activities and weed control. DLNR for an Incidental Take License Weed control is likely to result in low (ITL) under the Hawaii Endangered SHA levels of take of the Hawaiian hawk and Species Law (Hawaii Revised Statutes Species baseline the nene in the form of harassment. § 195D). The draft SHA serves as the Habitat restoration, installation of new basis for permit and ITL decisions by Asplenium peruvianum var. fences, and weed control activities may the Service and the Hawaii DLNR, insulare ...... 128 result in the loss or destruction of respectively. Kamehameha Schools Clermontia lindseyana, Oha wai 24 individuals of covered plant species Cyanea shipmanii, Haha ...... 463 worked closely with the Service and Cyanea stictophylla, Haha ...... 104 (outplants, propagules), with the DLNR to develop the SHA. Phyllostegia racemosa, exception of three special-concern species (Vicia menziesii, Phyllostegia The Service’s Proposed Action Kiponapona ...... 4 Phyllostegia velutina ...... 38 racemosa, and Cyanea stictophylla), for The Service proposes to enter into the Plantago hawaiensis ...... 1 which additional measures have been SHA and to issue a permit to KS Vicia menziesii ...... 27 incorporated into the SHA to fully avoid authorizing incidental take of the Argyroxiphium kauens, any adverse effects from these activities. covered species caused by covered Ahinahina ...... 0 Additionally, due to the ephemeral activities, if permit issuance criteria are Clermontia peleana, Oha ...... 0 nature of some of the plant species life met. Both the SHA and the permit Cyanea tritomantha, Aku ...... 0 Cyrtandra giffardii, Haiwale ...... 0 histories, individual plants may be would have a term of 50 years. Cyrtandra tintinnabula, Haiwale 0 missed during surveys, resulting in their Due to the difficulty in monitoring Hibiscadelphus giffardianus, loss or degradation caused by covered individuals of some of the covered Hau kuahiwi ...... 0 activities. The impact of this loss is species, occupied habitat has been used Joinvillea ascendens, Ohe ...... 0 anticipated to be minor or negligible to to establish baseline conditions for the Melicope zahlbruckneri, Alani ... 0 the survival and recovery of the covered Hawaiian forest birds, the Hawaiian Neraudia ovata ...... 0 species. No incidental take of the hawk, and Hawaiian hoary bat. The Nothocestrum breviflorum, Aiea 0 Hawaiian hoary bat, Alala, or the three Phyllostegia floribunda ...... 0 baseline for the Hawaiian forest birds, special-concern plant species are including the Akiapolaau, Hawaii Phyllostegia parviflora ...... 0 Ranunculus hawaiiensis, anticipated to occur as a result of the Creeper, Hawaii Akepa, and Iiwi, is Makou ...... 0 covered activities. represented by the extent of their Sicyos alba, Anunu ...... 0 Net Conservation Benefit current occupied habitat, determined to Sicyos macrophyllus, Anunu .... 0 be forest habitat with a tree cover of Silene hawaiiensis ...... 0 The Service anticipates that the SHA closed canopy, open canopy, scattered Stenogyne angustifolia ...... 0 will result in the following benefits to trees and very scattered trees for a total the covered species: (1) Establishment of of 4,162 acres. The baseline for the Under the SHA, the conservation new populations and/or habitat where Hawaiian Hawk and Hawaiian hoary bat benefits for the covered species are they do not currently exist; (2) an is defined as 18,517 acres of open or expected to be realized through increase in the current range of wild closed canopy tree cover across the implementation of all of the covered populations; (3) opportunities to enrolled property, of which a majority is activities including: (1) Removal of increase genetic diversity of the species; native dominated koa and ohia trees. invasive predators; (2) habitat (4) a reduction of forest fragmentation The baseline determination for the restoration and native plant community and an increase in habitat connectivity Nene is based on weekly surveys outplantings; (3) koa silviculture; (4) through habitat restoration, conducted by Hawaii DLNR on the ungulate fence installation/maintenance enhancement, and creation efforts; (5) enrolled property and surrounding and ungulate control; (5) invasive weed an increase in habitat connectivity by lands. While Nene occasionally transit control; (6) fire threat management; (7) creating a habitat ‘‘bridge’’ between the property, there are no breeding Nene response efforts for Rapid Ohia Death; large protected areas; and (6) protection on the enrolled property; therefore the and (8) other activities. Additionally, KS and maintenance of current levels of baseline is set at zero individuals. Alala will execute a right of access for Alala occupied nesting and foraging habitats. are currently extirpated from the wild so monitoring and predator control. The For these reasons, the cumulative none occur on the enrolled property. SHA will also connect a variety of high- impact of this SHA and the activities it Therefore, the baseline for the Alala quality National Park and State-owned covers, which would be facilitated by under the SHA is set at zero individuals. protected lands, which will promote an the allowable incidental take, is likely to Baseline conditions for each of the increase of forest connectivity, covered provide a net conservation benefit to the listed plant species are based on species populations and their covered species. comprehensive surveys that occurred on distributions. For the reasons discussed above, the the enrolled property in 2007 (Table 3). Kamehameha Schools will be conservation measures implemented Eight listed plant species are currently required to monitor the covered species under this SHA are likely to enhance, known to exist on the enrolled property. and baseline conditions according to create, and conserve habitat for the long- Seventeen of the plant covered schedule outlined in the SHA. Some term recovery of the covered species. species are not currently known to be covered species surveys have been Through this SHA, KS will provide a present on the enrolled property. These conducted by partners of KS in the past; large expanse of suitable habitat that is plants were determined to either have these partners may continue to assist KS fenced and free from ungulates for the

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benefit of multiple animal and plant evaluating the effects of this proposed we receive during the public comment species to increase their range and action; and period. populations. The 50-year duration of the (6) Information regarding the Authority SHA and permit is considered to be adequacy of the proposed SHA pursuant sufficient to establish and maintain to the requirement for permits at 50 CFR We provide this notice pursuant to: these goals. parts 13 and 17. Section 10(c) of the ESA (16 U.S.C. 1531 et seq.) and its implementing The management activities to be Public Availability of Comments implemented pursuant to the SHA regulations (50 CFR 17.22); and NEPA directly support recovery actions and All comments and materials we (42 U.S.C. 4321 et seq.) and its conservation objectives outlined in receive become part of the public record implementing regulations (40 CFR conservation and recovery plans for the associated with this action. Before 1506.6). covered species (USFWS 1984a, USFWS including your address, phone number, email address, or other personally Theresa Rabot, 1984b, USFWS 1996, USFWS 1998a, Deputy Regional Director, Pacific Region, U.S. USFWS 1998b, USFWS 1998c, USFWS identifiable information in your comments, you should be aware that Fish and Wildlife Service, Portland, Oregon. 2004, USFWS 2006, USFWS 2009, [FR Doc. 2016–26919 Filed 11–7–16; 8:45 am] Hawaii DLNR 2015, and Fraiola and your entire comment—including your BILLING CODE 4333–15–P Rubenstein 2007) including: Protection, personally identifiable information— may be made publicly available at any management, restoration, and time. While you can ask us in your conservation of suitable and known comment to withhold your personally DEPARTMENT OF THE INTERIOR occupied habitat; ungulate control; alien identifiable information from public species control; and re-establishment of review, we cannot guarantee that we Bureau of Land Management connectivity of currently fragmented will be able to do so. All submissions [16X.LLAZP01000.L14400000.EQ0000; AZA– habitats. from organizations or businesses, and 035947] National Environmental Policy Act from individuals identifying themselves Compliance as representatives or officials of Notice of Realty Action: Classification organizations or businesses, will be of Lands for Recreation and Public A decision by the Service to enter into made available for public disclosure in Purposes Act Lease for the Vulture the proposed SHA and to issue the their entirety. Comments and materials Mountains Cooperative Recreation proposed permit are Federal actions that we receive, as well as supporting Management Area in Maricopa County, trigger the need for compliance with the documentation we use in preparing the Arizona National Environmental Policy Act of EAS, will be available for public 1969, as amended (42 U.S.C. 4321 et AGENCY: Bureau of Land Management, inspection by appointment, during Interior. seq.) (NEPA). We have made a normal business hours, at our Pacific preliminary determination that the ACTION: Notice of realty action. Islands Field Office (see ADDRESSES). proposed SHA and permit actions are eligible for categorical exclusion under Next Steps SUMMARY: The Bureau of Land Management (BLM) has examined and NEPA. The basis for our preliminary We will evaluate the permit determination is contained in the EAS, found suitable for classification for lease application, associated documents, and to the Maricopa County Parks and which is available for public review (see public comments in reaching a final ADDRESSES). Recreation Department (MCPRD) under decision on whether the permit the provisions of the Recreation and Public Comments application and the EAS meet the Public Purposes (R&PP) Act, as requirements of section 10(a) of the ESA amended (43 U.S.C. 869 et seq.), You may submit your comments and (16 U.S.C. 1531 et seq.) and NEPA, materials by one of the methods listed approximately 1,046.24 acres of public respectively. The SHA and EAS may land in Maricopa County, Arizona. The in the ADDRESSES section. We request change in response to public comments. data, new information, or comments MCPRD proposes to use the land for We will also evaluate whether the recreation purposes. Related from the public, other concerned proposed permit action complies with governmental agencies, the scientific improvements include picnic and section 7 of the ESA by conducting an camping facilities, restrooms, trailheads, community, industry, or any other intra-Service section 7 consultation on interested party via this notice on our developed day use facilities, and the proposed action. We will use the parking. proposed Federal action. In particular, results of this consultation, in we request information and comments combination with our findings on DATES: Interested parties may submit regarding: whether the application meets issuance written comments regarding the (1) Whether the implementation of the criteria, in our final analysis to proposed classification and lease of proposed SHA would provide a net determine whether or not to issue the public lands on or before December 23, conservation benefit to the covered proposed permit. If we determine that 2016. species; all requirements are met, we will sign ADDRESSES: Comments concerning this (2) Other conservation measures that the proposed SHA and issue the permit notice should be addressed to Rem would lead to a net-conservation benefit under the authority of section Hawes, Field Manager, BLM for the covered species; 10(a)(1)(A) of the ESA to KS for Hassayampa Field Office, 21605 North (3) The length of the proposed term of incidental take of the covered species 7th Ave., Phoenix, AZ 85027. the permit; caused by covered activities that are FOR FURTHER INFORMATION CONTACT: (4) The direct, indirect, and implemented in accordance with the Hillary Conner, Realty Specialist, at the cumulative effects that implementation terms of the permit and the SHA. We above address; phone 623–580–5649; or of the SHA could have on the human will not make our final decision until by email at [email protected]. Persons environment; after the end of the 30-day public who use a telecommunications device (5) Other plans, projects, or comment period, and we will fully for the deaf (TDD) may call the Federal information that might be relevant to consider all comments and information Relay Service at 1–800–877–8339 to

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contact the above individual during applicable law and such regulations as Authority: 43 CFR 2741.5. normal business hours. The Service is the Secretary of the Interior may Rem Hawes, available 24 hours a day, 7 days a week, prescribe. Field Manager. to leave a message or question for the 3. All valid existing rights. above individual. You will receive a [FR Doc. 2016–26942 Filed 11–7–16; 8:45 am] reply during normal business hours. 4. An appropriate indemnification BILLING CODE 4310–32–P SUPPLEMENTARY INFORMATION: The clause protecting the United States from claims arising out of the lessee’s use, following described public lands in DEPARTMENT OF THE INTERIOR Maricopa County, Arizona, are being occupancy, or operation of the property. considered for an R&PP lease. It will also contain any other terms and National Park Service conditions deemed necessary and Gila and Salt River Meridian, Arizona appropriate by the Authorized Officer. [NPS–WASO–NRSS–CCRP–22342; T. 6 N., R. 5 W., 5. The lessee shall comply with and PPWONRADC0, PPMRSNR1Y.NM0000 (177)] sec. 6, lot 8; shall not violate any of the terms or sec. 7, lot 1, W1⁄2NE1⁄4, SE1⁄4NE1⁄4, Information Collection Request; Visitor 1 1 1 1 provisions of Title VI of the Civil Rights NE ⁄4SE ⁄4, and E ⁄2NW ⁄4; Perceptions of Climate Change in sec. 30, lot 4; Act of 1964 (78 Stat. 241), and National Parks sec. 31, lots 1, 2, and 4, and NE1⁄4NW1⁄4. requirements of the regulations, as T. 6 N., R. 6 W., modified or amended, of the Secretary AGENCY: National Park Service, Interior. sec. 1, S1⁄2NW1⁄4, SW1⁄4, S1⁄2SE1⁄4, and of the Interior issued pursuant thereto NW1⁄4SE1⁄4; (43 CFR part 17) for the period that the ACTION: Notice; request for comments. 1 1 1 1 sec. 12, N ⁄2NE ⁄4 and N ⁄2NW ⁄4; lands leased herein are used for the sec. 25, SE1⁄4SE1⁄4. SUMMARY: We (National Park Service, purpose for which the grant was made NPS) have sent an Information The areas described contain pursuant to the act cited above, or for approximately 1,046 acres, more or less. Collection Request (ICR) to OMB for another purpose involving the provision review and approval. We summarize the The MCPRD proposes to use the above of similar services or benefits. described lands for a variety of ICR below and describe the nature of the recreation facilities to be associated Classification Comments: Interested collection and the estimated burden and with the Vulture Mountains Cooperative parties may submit comments on the cost. We may not conduct or sponsor Recreation Management Area. This is a suitability of the lands for a developed and a person is not required to respond cooperatively managed area between the recreation area. Comments on the to a collection of information unless it BLM and MCPRD for public lands classification are restricted to whether displays a currently valid OMB Control located south of Wickenburg, Arizona. the lands are physically suited for the Number. However, under OMB Related improvements for the proposed proposal, whether the use will regulations, we may continue to lease include picnic and camping maximize the future use or uses of the conduct or sponsor this information facilities, restrooms, trailheads, lands, whether the use is consistent collection while it is pending at OMB. developed day use facilities, and with local planning and zoning, or if the DATES: To ensure that your comments parking. use is consistent with Federal and State on this ICR are considered, OMB must Issuance of a lease is in conformance programs. receive them on or before December 8, 2016. with the Bradshaw Harquahala Resource Application Comments: Interested Management Plan, approved April 2010, parties may submit comments regarding ADDRESSES: Please direct all written through land use authorization decision the specific uses proposed in the comments on this ICR directly to the LR–24, and is in the public’s interest. application and plans of development, Office of Management and Budget The lands are not needed for any other (OMB) Office of Information and Federal purpose and the lease will be whether the BLM followed proper administrative procedures in reaching Regulatory Affairs, Attention: Desk analyzed in a site-specific Officer for the Department of the the decision, or any other factor not environmental analysis. Interior, to OIRA_Submission@ directly related to the suitability of the Upon publication in the Federal omb.eop.gov (email) or 202–395–5806 lands for recreation purposes. Any Register, the lands described above will (fax); and identify your submission as be segregated from all forms of adverse comments will be reviewed by 1024–CCRPSURV. Please also send a appropriation under the public land the BLM State Director. In the absence copy of your comments to Phadrea laws, including the general mining laws, of any adverse comments, the Ponds, Information Collection except for lease under the R&PP Act and classification will become effective on Coordinator, National Park Service, leasing under the mineral leasing laws. January 9, 2017. The lands will not be 1201 Oakridge Drive, Fort Collins, CO Detailed information concerning this offered for lease until after the 80525 (mail); or phadrea_ponds@ action is available for public review classification becomes effective. nps.gov (email). Please reference during normal business hours at the Before including your address, phone Information Collection 1024– address above. number, email address, or other CCRPSURV in the subject line. You may The lease, when issued, will be also access this ICR at www.reginfo.gov. subject to the provisions of the R&PP personal identifying information in your Act and will contain the following comment, you should be aware that FOR FURTHER INFORMATION CONTACT: terms, conditions, and reservations: your entire comment (including your Larry Perez, Communications 1. Provisions of the R&PP Act and all personal identifying information) may Coordinator, Climate Change Response applicable regulations of the Secretary be made available to the public at any Program, National Park Service, 1201 time. While you can ask in your Oakridge Drive, Fort Collins, CO 80525 of the Interior. _ 2. All minerals shall be reserved to comment to withhold your personal (mail); or larry [email protected] (email). the United States, together with the identifying information from public Please reference Information Collection right to prospect for, mine and remove review, we cannot guarantee that we 1024–CCRPSURV in the subject line. such deposits from the same under will be able to do so. SUPPLEMENTARY INFORMATION:

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I. Abstract automated collection techniques or necessary in order to avoid interruption The information gathered in this other forms of information technology. of visitor services, and has taken all collection will be used to assess the Comments that you submit in reasonable and appropriate steps to efficacy of current and hypothetical response to this notice are a matter of consider alternatives to avoid an park climate change messaging in public record. Before including your interruption of visitor services. cultivating both a sense of concern and address, phone number, email address, Authority: This action is issued pursuant inspiration to act among visitors. The or other personal identifying to 36 CFR 51.24(a). This is not a request for information will be used primarily by information in your comment, you proposals. NPS administrators, program managers, should be aware that your entire comment, including your personal Mike Reynolds, interpretive specialists, and educators. Deputy Director, National Park Service. Results from the collection will be identifying information, may be made [FR Doc. 2016–26916 Filed 11–7–16; 8:45 am] shared broadly across the NPS for publicly available at any time. While application in the development, design, you can ask us in your comment to BILLING CODE 4312–53–P and delivery of climate change withhold your personal identifying communications products. information from public review, we cannot guarantee that we will be able to DEPARTMENT OF THE INTERIOR II. Data do so. National Park Service OMB Control Number: None. Dated: November 3, 2016. Title: Visitor Perceptions of Climate Madonna L. Baucum, [NPS–WASO–CONC–22069; PPWOBSADC0, Change in National Parks. Information Collection Clearance Officer, PPMVSCS1Y.Y00000] Type of Request: This is a new National Park Service. collection. [FR Doc. 2016–26925 Filed 11–7–16; 8:45 am] Sole-Source Concession Contract for Affected Public: General public; Lake Mead National Recreation Area Individual households. BILLING CODE 4310–EH–P Respondent Obligation: Voluntary. AGENCY: National Park Service, Interior. Frequency of Collection: One time. DEPARTMENT OF THE INTERIOR ACTION: Notice of proposed award of Estimated Number of Responses: sole-source concession contract for Lake 2,560. National Park Service Mead National Recreation Area. Estimated Annual Burden Hours: 391 hours. We estimate the public reporting [NPS–WASO–CONC–22109; PPWOBSADC0, SUMMARY: Public notice is hereby given burden for both on-site surveys to be 13 PPMVSCS1Y.Y0000] that the National Park Service proposes minutes per completed response; two to award a sole-source concession Notice of Temporary Concession minutes to complete the non-response contract for the conduct of certain Contract for Marina Operation, Food survey; and seven minutes complete the visitor services within Lake Mead and Beverage, Retail and Campground follow-up survey. These times also National Recreation Area (Lake Mead Services in Fire Island National includes the time for the initial contact NRA) for a term not to exceed five (5) Seashore, New York and time to explain the purpose of the years. The visitor services include the study. AGENCY: National Park Service, Interior. provision of wireless Internet access Estimated Annual Reporting and ACTION: Notice. within remote but developed areas of Recordkeeping ‘‘Non-Hour Cost’’: We Lake Mead NRA. have not identified any ‘‘non-hour cost’’ SUMMARY: The National Park Service DATES: The term of the sole-source burdens associated with this collection intends to award a temporary concession contract will commence (if of information. concession contract to a qualified awarded) no earlier than sixty (60) days III. Comments person for the conduct of certain visitor from the publication of this notice. services within Fire Island National A Notice was published in the SUPPLEMENTARY INFORMATION: The Seashore for a term not to exceed 1 year. Director of the National Park Service Federal Register (78 FR 58343) on The visitor services include marina September 23, 2013 stating that we (NPS) may award a concession contract operation, food and beverage, retail and non-competitively upon a determination intended to request OMB approval of campground. our information collection described that extraordinary circumstances exist FOR FURTHER INFORMATION CONTACT: Judy above. In this Notice, we solicited under which compelling and equitable Bassett, Northeast Regional Concession public comment for 60 days ending considerations require the award of the Chief, Northeast Region, 200 Chestnut November 23, 2013. We did not receive concession contract to a particular Street, Philadelphia, PA 19106; any comments in response to that qualified person in the public interest Telephone (215) 597–4903, by email at (36 CFR 51.25). Contracts that are notice. _ We again invite comments concerning Judy [email protected]. awarded non-competitively pursuant to this information collection on: SUPPLEMENTARY INFORMATION: The 36 CFR 51.25 are commonly referred to • Whether the proposed collection of National Park Service intends to award as ‘‘sole-source’’ contracts. information is necessary for the agency the temporary concession contract, TC– The NPS has determined that to perform its duties, including whether FIIS007–17, to a qualified person (as BladeBeam, Inc. is a ‘‘qualified person’’ the information is useful; defined in 36 CFR 51.3) that is currently as defined by 36 CFR 51.3, and has • The accuracy of the agency’s operating under the existing contract. If determined that compelling and estimate of the burden of the proposed the National Park Service is unable to equitable considerations exist because collection of information; reach acceptable terms, however, it may of the difficulty of providing wireless • Ways to enhance the quality, find another qualified person for the Internet in the remote but developed usefulness, and clarity of the award of the temporary concession areas of Lake Mead NRA, and because information to be collected; and contract. The National Park Service has BladeBeam, Inc. is willing to make a • Ways to minimize the burden on determined that a temporary concession significant investment with no the respondents, including the use of contract not to exceed 1 year is guaranteed return.

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The NPS has determined that a sole- accessing its internet server (https:// investigations as parties must file an source concession contract is in the www.usitc.gov). The public record for entry of appearance with the Secretary public interest because it is the these investigations may be viewed on to the Commission, as provided in authorization most likely to allow a the Commission’s electronic docket section 201.11 of the Commission’s pilot test of providing wireless Internet (EDIS) at https://edis.usitc.gov. rules, no later than 21 days prior to the services in remote but developed areas SUPPLEMENTARY INFORMATION: hearing date specified in this notice. A of Lake Mead NRA. Background.—The final phase of party that filed a notice of appearance This is not a request for proposals. these investigations is being scheduled during the preliminary phase of the The NPS is seeking approval from the pursuant to sections 705(b) and 731(b) investigations need not file an Principal Deputy Assistant Secretary for of the Tariff Act of 1930 (19 U.S.C. additional notice of appearance during Fish and Wildlife and Parks 1671d(b) and 1673d(b)), as a result of an this final phase. The Secretary will contemporaneously. affirmative preliminary determination maintain a public service list containing Dated: October 20, 2016. by the Department of Commerce that the names and addresses of all persons, Michael Reynolds, certain benefits which constitute or their representatives, who are parties to the investigations. Deputy Director, National Park Service. subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are Limited disclosure of business [FR Doc. 2016–26915 Filed 11–7–16; 8:45 am] being provided to manufacturers, proprietary information (BPI) under an BILLING CODE 4312–52–P producers, or exporters in China of administrative protective order (APO) ammonium sulfate.1 The investigations and BPI service list.—Pursuant to were requested in petitions filed on May section 207.7(a) of the Commission’s INTERNATIONAL TRADE 25, 2016, by Pasadena Commodities rules, the Secretary will make BPI COMMISSION International, Nitrogen LLC (Pasadena, gathered in the final phase of these [Investigation Nos. 701–TA–562 and 731– Texas). investigations available to authorized TA–1329 (Final)] For further information concerning applicants under the APO issued in the the conduct of this phase of the investigations, provided that the Ammonium Sulfate From China; investigations, hearing procedures, and application is made no later than 21 Scheduling of the Final Phase of rules of general application, consult the days prior to the hearing date specified Countervailing Duty and Antidumping Commission’s Rules of Practice and in this notice. Authorized applicants Duty Investigations Procedure, part 201, subparts A and B must represent interested parties, as (19 CFR part 201), and part 207, defined by 19 U.S.C. 1677(9), who are AGENCY: United States International subparts A and C (19 CFR part 207). parties to the investigations. A party Trade Commission. Participation in the investigations and granted access to BPI in the preliminary ACTION: Notice. public service list.—Persons, including phase of the investigations need not SUMMARY: The Commission hereby gives industrial users of the subject reapply for such access. A separate notice of the scheduling of the final merchandise and, if the merchandise is service list will be maintained by the phase of antidumping and sold at the retail level, representative Secretary for those parties authorized to countervailing duty investigation Nos. consumer organizations, wishing to receive BPI under the APO. Staff report.—The prehearing staff 701–TA–562 and 731–TA–1329 (Final) participate in the final phase of these report in the final phase of these pursuant to the Tariff Act of 1930 (‘‘the 1 For purposes of these investigations, the investigations will be placed in the Act’’) to determine whether an industry Department of Commerce has defined the subject nonpublic record on December 28, 2016, in the United States is materially merchandise as ammonium sulfate in all physical and a public version will be issued injured or threatened with material forms, with or without additives such as anti-caking thereafter, pursuant to section 207.22 of injury, or the establishment of an agents. Ammonium sulfate, which may also be spelled as ammonium sulphate, has the chemical the Commission’s rules. industry in the United States is formula (NH4)2SO4. The scope includes ammonium Hearing.—The Commission will hold materially retarded, by reason of sulfate that is combined with other products, a hearing in connection with the final including by, for example, blending (i.e., mixing imports of ammonium sulfate from phase of these investigations beginning China, provided for in subheading granules of ammonium sulfate with granules of one or more other products), compounding (i.e., when at 9:30 a.m. on Thursday, January 12, 3102.21.00 of the Harmonized Tariff ammonium sulfate is compacted with one or more 2017, at the U.S. International Trade Schedule of the United States. The other products under high pressure), or granulating Commission Building. Requests to Department of Commerce has (incorporating multiple products into granules appear at the hearing should be filed in preliminarily determined that such through, e.g., a slurry process). For such combined products, only the ammonium sulfate component is writing with the Secretary to the imports are subsidized. covered by the scope of these investigations. Commission on or before January 10, DATES: Effective October 24, 2016. Ammonium sulfate that has been combined with 2017. A nonparty who has testimony FOR FURTHER INFORMATION CONTACT: other products is included within the scope regardless of whether the combining occurs in that may aid the Commission’s Jordan Harriman (202–205–2610), Office countries other than China. Ammonium sulfate that deliberations may request permission to of Investigations, U.S. International is otherwise subject to these investigations is not present a short statement at the hearing. Trade Commission, 500 E Street SW., excluded when commingled (i.e., mixed or All parties and nonparties desiring to combined) with ammonium sulfate from sources Washington, DC 20436. Hearing- not subject to these investigations. Only the subject appear at the hearing and make oral impaired persons can obtain component of such commingled products is presentations should participate in a information on this matter by contacting covered by the scope of these investigations. The prehearing conference to be held on the Commission’s TDD terminal on 202– Chemical Abstracts Service (CAS) registry number January 10, 2017, at the U.S. for ammonium sulfate is 7783–20–2. The 205–1810. Persons with mobility merchandise covered by these investigations is International Trade Commission impairments who will need special currently classifiable under Harmonized Tariff Building, if deemed necessary. Oral assistance in gaining access to the Schedule of the United States (HTSUS) subheading testimony and written materials to be Commission should contact the Office 3102.21.0000. Although this HTSUS subheading submitted at the public hearing are and CAS registry number are provided for of the Secretary at 202–205–2000. convenience and customs purposes, the written governed by sections 201.6(b)(2), General information concerning the description of the scope of these investigations is 201.13(f), and 207.24 of the Commission may also be obtained by dispositive. Commission’s rules. Parties must submit

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any request to present a portion of their Authority: These investigations are being supplemented, alleges violations of hearing testimony in camera no later conducted under authority of title VII of the section 337 of the Tariff Act of 1930, as than 7 business days prior to the date of Tariff Act of 1930; this notice is published amended, 19 U.S.C. 1337, in the the hearing. pursuant to section 207.21 of the importation into the United States, the Commission’s rules. Written submissions.—Each party sale for importation, and the sale within Issued: November 3, 2016. who is an interested party shall submit the United States after importation of a prehearing brief to the Commission. By order of the Commission. certain height-adjustable desk platforms Prehearing briefs must conform with the Lisa R. Barton, and components thereof by reason of provisions of section 207.23 of the Secretary to the Commission. infringement of certain claims of U.S. Commission’s rules; the deadline for [FR Doc. 2016–26951 Filed 11–7–16; 8:45 am] Patent Nos. 9,113,703 and 9,277,809. Id. at 24129. The notice of investigation filing is January 5, 2017. Parties may BILLING CODE 7020–02–P also file written testimony in connection names as respondents Nortek, Inc. of with their presentation at the hearing, as Providence, Rhode Island and Ergotron, provided in section 207.24 of the INTERNATIONAL TRADE Inc. of St. Paul, Minnesota Commission’s rules, and posthearing COMMISSION (‘‘Respondents’’). Id. The Office of Unfair Import Investigations was not briefs, which must conform with the [Investigation No. 337–TA–992] named as a party to the investigation. Id. provisions of section 207.25 of the On October 12, 2016, Complainant Commission’s rules. The deadline for Certain Height-Adjustable Desk and Respondents filed a joint motion to filing posthearing briefs is January 19, Platforms and Components Thereof; terminate the investigation based on a 2017. In addition, any person who has Commission Determination Not To Review an Initial Determination settlement agreement. not entered an appearance as a party to On October 14, 2016, the presiding the investigations may submit a written Granting a Joint Motion To Terminate the Investigation Based on a administrative law judge (‘‘ALJ’’) issued statement of information pertinent to an ID (Order No. 8) granting the motion. the subject of the investigations, Settlement Agreement; Termination of the Investigation The ALJ found the requirements of including statements of support or Commission Rule 210.21(b)(1) were met. opposition to the petition, on or before AGENCY: U.S. International Trade The ALJ also found that termination of January 19, 2017. On February 1, 2017, Commission. the investigation was not contrary to the the Commission will make available to ACTION: Notice. public interest, and that termination parties all information on which they was in the public interest and will have not had an opportunity to SUMMARY: Notice is hereby given that conserve public and private resources. comment. Parties may submit final the U.S. International Trade No petitions for review of the ID were comments on this information on or Commission has determined not to filed. before February 3, 2017, but such final review an initial determination (‘‘ID’’) The Commission has determined not comments must not contain new factual (Order No. 8) granting a joint motion to to review the subject ID. information and must otherwise comply terminate the investigation based on a The authority for the Commission’s with section 207.30 of the Commission’s settlement agreement. determination is contained in section rules. All written submissions must FOR FURTHER INFORMATION CONTACT: 337 of the Tariff Act of 1930, as conform with the provisions of section Lucy Grace D. Noyola, Office of the amended (19 U.S.C. 1337), and in part 201.8 of the Commission’s rules; any General Counsel, U.S. International 210 of the Commission’s Rules of submissions that contain BPI must also Trade Commission, 500 E Street SW., Practice and Procedure (19 CFR part conform with the requirements of Washington, DC 20436, telephone 202– 210). sections 201.6, 207.3, and 207.7 of the 205–3438. Copies of non-confidential Commission’s rules. The Commission’s By order of the Commission. documents filed in connection with this Handbook on E-Filing, available on the Issued: November 3, 2016. investigation are or will be available for Commission’s Web site at https:// Lisa R. Barton, inspection during official business edis.usitc.gov, elaborates upon the Secretary to the Commission. hours (8:45 a.m. to 5:15 p.m.) in the Commission’s rules with respect to Office of the Secretary, U.S. [FR Doc. 2016–26955 Filed 11–7–16; 8:45 am] electronic filing. International Trade Commission, 500 E BILLING CODE 7020–02–P Additional written submissions to the Street SW., Washington, DC 20436, Commission, including requests telephone 202–205–2000. General pursuant to section 201.12 of the information concerning the Commission INTERNATIONAL TRADE Commission’s rules, shall not be may also be obtained by accessing its COMMISSION accepted unless good cause is shown for Internet server (https://www.usitc.gov). [Investigation Nos. 731–TA–1063–1064, and accepting such submissions, or unless The public record for this investigation 1066–1068 (Second Review)] the submission is pursuant to a specific may be viewed on the Commission’s request by a Commissioner or electronic docket (EDIS) at https:// Frozen Warmwater Shrimp From Commission staff. edis.usitc.gov. Hearing-impaired Brazil, China, India, Thailand, and In accordance with sections 201.16(c) persons are advised that information on Vietnam; Scheduling of Full Five-Year and 207.3 of the Commission’s rules, this matter can be obtained by Reviews each document filed by a party to the contacting the Commission’s TDD AGENCY: United States International investigations must be served on all terminal on 202–205–1810. Trade Commission. other parties to the investigations (as SUPPLEMENTARY INFORMATION: The ACTION: Notice. identified by either the public or BPI Commission instituted this investigation service list), and a certificate of service on April 25, 2016, based on a complaint SUMMARY: The Commission hereby gives must be timely filed. The Secretary will filed by Varidesk LLC of Coppell, Texas notice of the scheduling of full reviews not accept a document for filing without (‘‘Complainant’’). 81 FR 24128, 24128– pursuant to the Tariff Act of 1930 (‘‘the a certificate of service. 29 (Apr. 25, 2016). The complaint, as Act’’) to determine whether revocation

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of the antidumping duty orders on For further information concerning rules; the deadline for filing is March 6, frozen warmwater shrimp from Brazil, the conduct of these reviews and rules 2017. Parties may also file written China, India, Thailand, and Vietnam of general application, consult the testimony in connection with their would be likely to lead to continuation Commission’s Rules of Practice and presentation at the hearing, as provided or recurrence of material injury within Procedure, part 201, subparts A and B in section 207.24 of the Commission’s a reasonably foreseeable time. The (19 CFR part 201), and part 207, rules, and posthearing briefs, which Commission has determined to exercise subparts A, D, E, and F (19 CFR part must conform with the provisions of its authority to extend the review period 207). section 207.67 of the Commission’s by up to 90 days. Limited disclosure of business rules. The deadline for filing DATES: Effective Date: November 2, proprietary information (BPI) under an posthearing briefs is March 27, 2017. In 2016. administrative protective order (APO) addition, any person who has not and BPI service list.—Pursuant to FOR FURTHER INFORMATION CONTACT: entered an appearance as a party to the section 207.7(a) of the Commission’s Keysha Martinez (202–205–2136), Office reviews may submit a written statement rules, the Secretary will make BPI of Investigations, U.S. International of information pertinent to the subject of gathered in these reviews available to Trade Commission, 500 E Street SW., the reviews on or before March 27, authorized applicants under the APO Washington, DC 20436. Hearing- 2017. On April 19, 2017, the issued in the reviews, provided that the impaired persons can obtain Commission will make available to application is made by 45 days after information on this matter by contacting parties all information on which they publication of this notice. Authorized the Commission’s TDD terminal on 202– have not had an opportunity to applicants must represent interested 205–1810. Persons with mobility comment. Parties may submit final parties, as defined by 19 U.S.C. 1677(9), impairments who will need special comments on this information on or who are parties to the reviews. A party assistance in gaining access to the before April 21, 2017, but such final granted access to BPI following Commission should contact the Office comments must not contain new factual publication of the Commission’s notice information and must otherwise comply of the Secretary at 202–205–2000. of institution of the reviews need not General information concerning the with section 207.68 of the Commission’s reapply for such access. A separate rules. All written submissions must Commission may also be obtained by service list will be maintained by the accessing its internet server (https:// conform with the provisions of section Secretary for those parties authorized to 201.8 of the Commission’s rules; any www.usitc.gov). The public record for receive BPI under the APO. these reviews may be viewed on the submissions that contain BPI must also Staff report.—The prehearing staff conform with the requirements of Commission’s electronic docket (EDIS) report in the reviews will be placed in at https://edis.usitc.gov. sections 201.6, 207.3, and 207.7 of the the nonpublic record on February 23, Commission’s rules. The Commission’s SUPPLEMENTARY INFORMATION: 2017, and a public version will be Handbook on E-Filing, available on the Background.—On June 6, 2016, the issued thereafter, pursuant to section Commission’s Web site at https:// Commission determined that responses 207.64 of the Commission’s rules. to its notice of institution of the subject Hearing.—The Commission will hold edis.usitc.gov, elaborates upon the five-year reviews were such that full a hearing in connection with the Commission’s rules with respect to reviews should proceed (81 FR 39711, reviews beginning at 9:30 a.m. on electronic filing. June 17, 2016); accordingly, full reviews Thursday, March 16, 2017, at the U.S. Additional written submissions to the are being scheduled pursuant to section International Trade Commission Commission, including requests 751(c)(5) of the Tariff Act of 1930 (19 Building. Requests to appear at the pursuant to section 201.12 of the U.S.C. 1675(c)(5)). A record of the hearing should be filed in writing with Commission’s rules, shall not be Commissioners’ votes, the the Secretary to the Commission on or accepted unless good cause is shown for Commission’s statement on adequacy, before March 8, 2017. A nonparty who accepting such submissions, or unless and any individual Commissioner’s has testimony that may aid the the submission is pursuant to a specific statements are available from the Office Commission’s deliberations may request request by a Commissioner or of the Secretary and at the permission to present a short statement Commission staff. Commission’s Web site. at the hearing. All parties and In accordance with sections 201.16(c) Participation in the reviews and nonparties desiring to appear at the and 207.3 of the Commission’s rules, public service list.—Persons, including hearing and make oral presentations each document filed by a party to the industrial users of the subject should participate in a prehearing reviews must be served on all other merchandise and, if the merchandise is conference to be held on March 10, parties to the reviews (as identified by sold at the retail level, representative 2017, at the U.S. International Trade either the public or BPI service list), and consumer organizations, wishing to Commission Building, if deemed a certificate of service must be timely participate in these reviews as parties necessary. Oral testimony and written filed. The Secretary will not accept a must file an entry of appearance with materials to be submitted at the public document for filing without a certificate the Secretary to the Commission, as hearing are governed by sections of service. provided in section 201.11 of the 201.6(b)(2), 201.13(f), 207.24, and The Commission has determined that Commission’s rules, by 45 days after 207.66 of the Commission’s rules. these reviews are extraordinarily publication of this notice. A party that Parties must submit any request to complicated and therefore has filed a notice of appearance following present a portion of their hearing determined to exercise its authority to publication of the Commission’s notice testimony in camera no later than 7 extend the review period by up to 90 of institution of the reviews need not business days prior to the date of the days pursuant to 19 U.S.C.1675(c)(5)(B). file an additional notice of appearance. hearing. Authority: These reviews are being The Secretary will maintain a public Written submissions.—Each party to conducted under authority of title VII of the service list containing the names and the reviews may submit a prehearing Tariff Act of 1930; this notice is published addresses of all persons, or their brief to the Commission. Prehearing pursuant to section 207.62 of the representatives, who are parties to the briefs must conform with the provisions Commission’s rules. reviews. of section 207.65 of the Commission’s By order of the Commission.

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Issued: November 2, 2016. 337 of the Tariff Act of 1930, as Issued: November 3, 2016. Lisa R. Barton, amended, 19 U.S.C. 1337, based upon Lisa R. Barton, Secretary to the Commission. the importation into the United States, Secretary to the Commission. [FR Doc. 2016–26899 Filed 11–7–16; 8:45 am] the sale for importation, and the sale [FR Doc. 2016–26964 Filed 11–7–16; 8:45 am] BILLING CODE 7020–02–P within the United States after BILLING CODE 7020–02–P importation of certain quartz slabs and portions thereof by reason of INTERNATIONAL TRADE infringement of the claims of U.S. Patent INTERNATIONAL TRADE COMMISSION Nos. D737,058; D712,670; D713,154; COMMISSION D737,576; D737,577; and D738,630. Id. [Investigation No. 337–TA–996] The Notice of Investigation names as [Investigation No. 337–TA–1027] Certain Quartz Slabs and Portions respondents Wilsonart LLC Certain Food Supplements and Thereof; Commission Determination (‘‘Wilsonart’’) of Denver, Colorado and Vitamins, Including Ocular Not To Review Initial Determinations Dorado Soapstone LLC (‘‘Dorado’’) of Antioxidants and Components Thereof Terminating the Investigation as to All Temple, Texas. Id. The Office of Unfair and Products Containing the Same; Respondents; Termination of the Import Investigations (‘‘OUII’’) was also Institution of Investigation Investigation named as a party. Id. On September 14, 2016, the presiding AGENCY: U.S. International Trade AGENCY: U.S. International Trade administrative law judge (‘‘ALJ’’) issued Commission. Commission. an initial determination terminating the ACTION: Notice. ACTION: Notice. investigation as to U.S. Patent No. D737,058. Order 15. On October 13, SUMMARY: Notice is hereby given that a SUMMARY: Notice is hereby given that 2016, the Commission determined not complaint was filed with the U.S. the U.S. International Trade to review that initial determination. International Trade Commission on Commission has determined not to Notice of Commission Determination October 6, 2016, under section 337 of review (1) an October 12, 2016, initial Not to Review an ID Terminating the the Tariff Act of 1930, as amended, 19 determination (‘‘Order 20’’) granting an Investigation as to U.S. Design Patent U.S.C. 1337, on behalf of Kemin unopposed joint motion to terminate the No. D737,058. Industries, Inc. of Des Moines, Iowa and investigation as to one respondent based On September 28, 2016, Cambria and Kemin Foods, L.C. of Des Moines, Iowa. on a settlement agreement and (2) an Wilsonart jointly moved to terminate An amended complaint was filed on October 13, 2016, initial determination the investigation as to Wilsonart based October 26, 2016. The complaint, as (‘‘Order 21’’) terminating the on a settlement agreement. OUII filed a amended, alleges violations of section investigation as to the last respondent response supporting the motion. Dorado 337 based upon the importation into the based on complainant’s withdrawal of did not oppose the motion. On October United States, the sale for importation, certain allegations in the complaint. 12, 2016, the ALJ issued Order 20, an and the sale within the United States This investigation is terminated. initial determination granting the after importation of certain food FOR FURTHER INFORMATION CONTACT: Ron motion. The ALJ found that the joint supplements and vitamins, including Traud, Office of the General Counsel, motion complied with the ocular antioxidants and components U.S. International Trade Commission, Commission’s rules for termination and thereof and products containing the 500 E Street SW., Washington, DC that consideration of the public interest same by reason of infringement of 20436, telephone (202) 205–3427. factors pursuant to 19 CFR 210.50(b)(2) certain clams of U.S. Patent No. Copies of non-confidential documents did not prevent termination as to 8,815,955 (‘‘the ’955 patent’’) and U.S. filed in connection with this Wilsonart. No party filed a petition Patent No. 9,226,940 (‘‘the ’940 patent’’). investigation are or will be available for seeking review of that initial The complaint further alleges that an inspection during official business determination. industry in the United States exists as hours (8:45 a.m. to 5:15 p.m.) in the On October 6, 2016, Cambria moved required by subsection (a)(2) of section Office of the Secretary, U.S. to terminate the investigation as to 337. International Trade Commission, 500 E Dorado based on Cambria’s withdrawal The complainants request that the Street SW., Washington, DC 20436, of certain allegations in the complaint. Commission institute an investigation telephone 202–205–2000. General OUII filed a response supporting the and, after the investigation, issue a information concerning the Commission motion. OUII Resp. at 1. Dorado did not limited exclusion order and cease and may also be obtained by accessing its oppose the motion. Dorado Resp. at 1. desist orders. Internet server (https://www.usitc.gov). On October 13, 2016, the ALJ issued ADDRESSES: The complaint, except for The public record for this investigation Order 21, an initial determination any confidential information contained may be viewed on the Commission’s granting the motion. No party filed a therein, is available for inspection electronic docket (EDIS) at https:// petition seeking review of that initial during official business hours (8:45 a.m. edis.usitc.gov. Hearing-impaired determination. to 5:15 p.m.) in the Office of the persons are advised that information on The Commission has determined not Secretary, U.S. International Trade this matter can be obtained by to review Orders 20 or 21. This Commission, 500 E Street SW., Room contacting the Commission’s TDD investigation is terminated. 112, Washington, DC 20436, telephone terminal on 202–205–1810. The authority for the Commission’s (202) 205–2000. Hearing impaired SUPPLEMENTARY INFORMATION: The determination is contained in Section individuals are advised that information Commission instituted this investigation 337 of the Tariff Act of 1930, as on this matter can be obtained by on May 16, 2016, based on a complaint amended (19 U.S.C. 1337), and in part contacting the Commission’s TDD filed by Cambria Company LLC 210 of the Commission’s Rules of terminal on (202) 205–1810. Persons (‘‘Cambria’’) of Belle Plaine, Minnesota. Practice and Procedure (19 CFR part with mobility impairments who will 81 FR 30342 (May 16, 2016). The 210). need special assistance in gaining access complaint alleges violations of Section By order of the Commission. to the Commission should contact the

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Office of the Secretary at (202) 205– investigation must be submitted by the burden or associated response time, 2000. General information concerning named respondents in accordance with suggestions, or need a copy of the the Commission may also be obtained section 210.13 of the Commission’s proposed information collection by accessing its internet server at Rules of Practice and Procedure, 19 CFR instrument with instructions or https://www.usitc.gov. The public 210.13. Pursuant to 19 CFR 201.16(e) additional information, please contact record for this investigation may be and 210.13(a), such responses will be Cathy Poston, Office on Violence viewed on the Commission’s electronic considered by the Commission if Against Women, at 202–514–5430 or docket (EDIS) at https://edis.usitc.gov. received not later than 20 days after the [email protected]. FOR FURTHER INFORMATION CONTACT: The date of service by the Commission of the SUPPLEMENTARY INFORMATION: Written Office of the Secretary, U.S. complaint and the notice of comments and suggestions from the International Trade Commission, investigation. Extensions of time for public and affected agencies concerning telephone (202) 205–2000. submitting responses to the complaint the proposed collection of information Authority: The authority for institution of and the notice of investigation will not are encouraged. Your comments should this investigation is contained in section 337 be granted unless good cause therefor is address one or more of the following of the Tariff Act of 1930, as amended, and shown. four points: Failure of a respondent to file a timely in section 210.10 of the Commission’s Rules (1) Evaluate whether the proposed of Practice and Procedure, 19 CFR 210.10 response to each allegation in the collection of information is necessary (2016). complaint and in this notice may be for the proper performance of the deemed to constitute a waiver of the Scope of Investigation: Having functions of the agency, including right to appear and contest the considered the amended complaint, the whether the information will have allegations of the complaint and this U.S. International Trade Commission, practical utility; on November 2, 2016, ordered that— notice, and to authorize the (1) Pursuant to subsection (b) of administrative law judge and the (2) Evaluate the accuracy of the section 337 of the Tariff Act of 1930, as Commission, without further notice to agency’s estimate of the burden of the amended, an investigation be instituted the respondent, to find the facts to be as proposed collection of information, to determine whether there is a alleged in the complaint and this notice including the validity of the violation of subsection (a)(1)(B) of and to enter an initial determination methodology and assumptions used; section 337 in the importation into the and a final determination containing (3) Enhance the quality, utility, and United States, the sale for importation, such findings, and may result in the clarity of the information to be or the sale within the United States after issuance of an exclusion order or a cease collected; and importation of certain food supplements and desist order or both directed against (4) Minimize the burden of the and vitamins, including ocular the respondent. collection of information on those who are to respond, including through the antioxidants and components thereof By order of the Commission. and products containing the same by use of appropriate automated, Issued: November 2, 2016. reason of infringement of one or more of electronic, mechanical, or other claims 1–13 of the ’955 patent and Lisa R. Barton, technological collection techniques or claims 1–13 of the ’940 patent, and Secretary to the Commission. other forms of information technology, whether an industry in the United [FR Doc. 2016–26900 Filed 11–7–16; 8:45 am] e.g., permitting electronic submission of States exists as required by subsection BILLING CODE 7020–02–P responses. (a)(2) of section 337; Overview of This Information (2) For the purpose of the Collection investigation so instituted, the following DEPARTMENT OF JUSTICE are hereby named as parties upon which [OMB Number 1122—NEW] (1) Type of Information Collection: this notice of investigation shall be New collection. served: Agency Information Collection (2) Title of the Form/Collection: (a) The complainants are: Kemin Activities; Proposed eCollection Domestic Violence and Housing Industries, Inc., 2100 Maury Street, Des eComments Requested; New Technical Assistance Consortium Safe Moines, IA 50317, Kemin Foods, L.C., Collection: Domestic Violence and Housing Needs Assessment. 2100 Maury Street, Des Moines, IA Housing Technical Assistance (3) Agency form number, if any, and 50317. Consortium Safe Housing Needs the applicable component of the (b) The respondents are the following Assessment Department of Justice sponsoring the entities alleged to be in violation of collection: Form Number: 1122–NEW. section 337, and are the parties upon AGENCY: Office on Violence Against Women, Department of Justice. U.S. Department of Justice, Office on which the complaint is to be served: Violence Against Women. OmniActive Health Technologies, ACTION: 60-Day notice. (4) Affected public who will be asked Phoenix House, T–8, A Wing, 462 SUMMARY: The Department of Justice, or required to respond, as well as a brief Senapati Bapat Marg, Lower Perel, Office on Violence Against Women abstract: The affected public includes Mumbai—400 013, India, OmniActive (OVW) will be submitting the following housing/homelessness providers and Health Technologies, Inc., 67 East Park information collection request to the domestic violence/sexual assault service Place, Suite 500, Morristown, NJ 07960. (3) For the investigation so instituted, Office of Management and Budget providers. the Chief Administrative Law Judge, (OMB) for review and approval in Domestic violence is a major cause of U.S. International Trade Commission, accordance with the Paperwork homelessness, particularly for families shall designate the presiding Reduction Act of 1995. with children. Among those families Administrative Law Judge. DATES: Comments are encouraged and currently experiencing homelessness, The Office of Unfair Import will be accepted for 60 days until more than 80 percent had previously Investigations will not be named as a January 9, 2017. experienced domestic violence. party to this investigation. FOR FURTHER INFORMATION CONTACT: If According to the U.S. Conference of Responses to the complaint, as you have additional comments Mayors, in 2008, 28% of families were amended, and the notice of especially on the estimated public homeless because of domestic violence

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and domestic violence is often cited as respond/reply: It is estimated that it will ADDRESSES: For reasons of government the primary cause of homelessness. take the approximately 78,660 efficiency, the Copyright Office is using There is a significant need for housing respondents approximately fifteen the regulations.gov system for the programs that offer supportive services minutes to complete an online submission and posting of public and resources to victims of domestic assessment tool. comments in this proceeding. All violence and their children in ways that (6) An estimate of the total public comments are therefore to be submitted are trauma-informed and culturally burden (in hours) associated with the electronically through regulations.gov. relevant. The Administration for collection: The total annual hour burden Specific instructions for submitting Children and Families (ACF), Family to complete the data collection forms is comments are available on the and Youth Services Bureau, Division of 19,665 hours, that is 78,660 Copyright Office Web site at http:// Family Violence Prevention and organizations completing an assessment copyright.gov/policy/section512/ Services (DFVPS), the US Department of tool one time with an estimated comment-submission/. To meet Justice Office of Justice Programs Office completion time being fifteen minutes. accessibility standards, all comments for Victims of Crime (OJP/OVC), Office If additional information is required must be provided in a single file not to on Violence Against Women (OVW), contact: Jerri Murray, Department exceed six megabytes (MB) in one of the and the Department of Housing and Clearance Officer, United States following formats: Portable Document Urban Development (HUD) have Department of Justice, Justice File (PDF) format containing searchable, established a federal technical Management Division, Policy and accessible text (not an image); Microsoft assistance consortium that will provide Planning Staff, Two Constitution Word; WordPerfect; Rich Text Format national domestic violence and housing Square, 145 N Street NE., 3E.405B, (RTF); or ASCII text file format (not a training, technical assistance, and Washington, DC 20530. scanned document). The form and face resource development. The Domestic of the comments must include the name Dated: November 3, 2016. Violence and Housing Technical of the submitter and any organization Assistance Consortium will implement Jerri Murray, the submitter represents. The Office will a federally coordinated approach to Department Clearance Officer for PRA, U.S. post all comments publicly in the form providing resources, program guidance, Department of Justice. that they are received. If electronic training, and technical assistance to [FR Doc. 2016–26920 Filed 11–7–16; 8:45 am] submission of comments is not feasible domestic violence, homeless, and BILLING CODE 4410–FX–P due to lack of access to a computer and/ housing service providers. or the Internet, please contact the Office, The Safe Housing Needs Assessment using the contact information below, for will be used to determine the training LIBRARY OF CONGRESS special instructions. and technical assistance needs of FOR FURTHER INFORMATION CONTACT: organizations providing safe housing for Copyright Office Cindy Abramson, Assistant General domestic violence victims and their Counsel, by email at [email protected] or by families. [Docket No. 2015–7] telephone at 202–707–8350; Kevin The Safe Housing Needs Assessment Amer, Senior Counsel for Policy and will gather input from community Section 512 Study: Request for International Affairs, by email at service providers, coalitions and Additional Comments [email protected] or by telephone at 202– continuums of care. This assessment is 707–8350; or Kimberley Isbell, Senior the first of its kind aimed at AGENCY: U.S. Copyright Office, Library of Congress. Counsel for Policy and International simultaneously reaching the domestic Affairs, by email at [email protected] or by ACTION: Notice of inquiry. and sexual violence field, as well as the telephone at 202–707–8350. homeless and housing field. The SUMMARY: SUPPLEMENTARY INFORMATION: assessment seeks to gather information The U.S. Copyright Office on topics ranging from the extent to seeks further comments on the impact I. Background and effectiveness of the Digital which both fields coordinate to provide In order to evaluate key parts of the safety and access to services for Millennium Copyright Act (‘‘DMCA’’) safe harbor provisions. This request copyright law as it pertains to the digital domestic and sexual violence survivors copyright marketplace, the U.S. within the homeless system, to ways in provides an opportunity for interested parties to reply or expand upon issues Copyright Office is conducting a study which programs are implementing to evaluate the impact and effectiveness innovative models to promote long-term raised in written comments submitted on or before April 1, 2016, and during of the DMCA safe harbor provisions housing stability for survivors and their contained in 17 U.S.C. 512. To aid its families. Additionally, this assessment the public roundtables held May 2–3, 2016 in New York, and May 12–13, work in this area, the Office published seeks to identify specific barriers an initial Notice of Inquiry on December preventing collaboration across these 2016 in San Francisco. The Copyright Office also invites parties to submit 31, 2015 (‘‘First Notice’’), seeking fields, as well as promising practices. written comments to 30 questions The results will help the Consortium empirical research studies assessing issues related to the operation of the covering eight categories of topics. provide organizations and communities These included questions about the with the tools, strategies and support safe harbor provisions on a quantitative or qualitative basis. general efficacy of the DMCA provisions necessary to improve coordination enacted in 1998, as well as the practical DATES: between domestic violence/sexual Written responses to the costs, and burdens, of the current questions outlined below must be assault service providers and homeless DMCA environment.1 The Office received no later than 11:59 p.m. and housing service providers, so that received a combination of more than Eastern Time on February 6, 2017. survivors and their children can 92,000 written submissions and form Empirical research studies providing ultimately avoid homelessness and live replies in response to the First Notice, free from abuse. quantitative or qualitative data relevant (5) An estimate of the total number of to the subject matter of this study must 1 See Section 512 Study: Notice and Request for respondents and the amount of time be received no later than 11:59 p.m. Public Comment, 80 FR 81862, 81868 (Dec. 31, estimated for an average respondent to Eastern Time on March 8, 2017. 2015).

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which can be found on the For example, study participants harbors to disseminate and receive regulations.gov Web site at https:// pointed out that differences in the remuneration for their works.7 www.regulations.gov/docket?D=COLC- characteristics of content creators result Likewise, a heterogeneous picture of 2015-0013. in different experiences with the ISPs emerged from the first round of In May 2016, the Copyright Office operation of the DMCA safe harbors.4 comments and the public roundtables, convened roundtables in New York and They noted that the burden of with large deviations in terms of San Francisco, each for a two day addressing online infringement without functions, size, resources, and business period. The roundtables provided an in-house piracy team is especially models, as well as the volume of DMCA participants with the opportunity to great for smaller content creators and takedown notices received on an annual share their views on the topics businesses, and that some of the tools basis. While some of the larger identified in the First Notice, as well as available to larger content owners are platforms 8 like Google, Facebook, any other issues relating to the unavailable to smaller creators as a SoundCloud, and Pinterest have operation of the DMCA safe harbors.2 result of cost or other considerations.5 devoted resources to implementing Transcripts of the proceedings at each of automated filtering systems and other the roundtables are available on the Similarly, some expressed the view that tools to remove significant amounts of Copyright Office Web site at http:// the quality of takedown notices often infringing content,9 there appear to be copyright.gov/policy/section512/ under varies depending on the identity and many more ISPs that are continuing to ‘‘Public Roundtables.’’ 3 size of the content creator, with notices Based on the initial round of written from individuals and smaller entities operate manual DMCA takedown often being less sophisticated and/or processes for a lower volume of submissions and the results of the 10 roundtable discussions, the Copyright accurate than notices sent by large notices. Some commenters expressed Office believes a number of themes corporations employing automated concern that promulgation of rules merit additional consideration. Many of processes.6 Other study participants designed for the former could place an these relate to questions of balance, i.e., highlighted the importance of taking undue burden on the operations of the 11 how to weigh the diverse interests and into consideration the experiences of latter. needs of affected stakeholders, non-professional creators who rely on In addition, several study participants including individual authors and their the platforms enabled by the DMCA safe highlighted the importance of taking small businesses, publishers and into consideration the needs of producers of all sizes, Internet service 4 See, e.g., Tr. at 174:13–17 (May 3, 2016) individual Internet users when providers (‘‘ISPs’’) of all sizes, and (Andrew Deutsch, DLA Piper) (‘‘[T]he world of developing recommendations for members of the public who may seek to creators runs from individual singer-songwriters to possible changes to the DMCA safe access the Internet on any given day for gigantic studios and record producers. They have different needs, different problems, and it really is any number of reasons. The Office is impossible to create a system that does everything 7 See, e.g., Tr. at 282:21–283:6 (May 13, 2016) also interested in feedback regarding for everyone.’’). (Cathy Gellis, Dig. Age Def.); Tr. at 324:1–15 (May how to continue to propel the DMCA’s 5 See, e.g., Dirs. Guild of Am., Comments 2, 2016) (Ellen Schrantz, Internet Ass’n). 8 underlying public interest objectives, Submitted in Response to U.S. Copyright Office’s Larger both in terms of the amount of content Dec. 31, 2015 Notice of Inquiry at 6 (Apr. 1, 2016) that appears on the site, and the technological and that is, its twin goals of fostering a (‘‘To utilize the DMCA notice and takedown monetary resources available to address DMCA robust and innovative online mechanism, a rights holder must first prepare notices. environment while protecting the rights notices in exact accordance with the complicated 9 See, e.g., Audible Magic Corp., Comments of content creators. Within these broad legal requirements of Section 512. Sending these Submitted in Response to U.S. Copyright Office’s categories, the specific topics notices to a designated agent of the service provider Dec. 31, 2015 Notice of Inquiry at 4 (Mar. 21, 2016) requires a level of legal expertise that larger rights (‘‘[U]ser-generated-content sharing and cloud file participants raised can be further holders may possess but which smaller creators do sharing networks [including Facebook, grouped in the following general areas: not have at their disposal.’’); Kernochan Ctr. for Dailymotion, SoundCloud, and Twitch] . . . (1) Characteristics of the current Internet Law, Media & the Arts, Columbia Law Sch., dramatically reduce copyright-infringing media ecosystem; (2) operation of the current Comments Submitted in Response to U.S. Copyright sharing using Audible Magic software and hosted Office’s Dec. 31, 2015 Notice of Inquiry at 7 (Apr. services [to] . . . detect[] registered audio and video DMCA safe harbor system; (3) potential 1, 2016) (‘‘The process is burdensome for content in the user upload stream.’’); Pinterest Inc., future evolution of the DMCA safe individuals and entities of any size. Larger entities, Comments Submitted in Response to U.S. Copyright harbor system, including possible which may hold or manage numerous copyrighted Office’s Dec. 31, 2015 Notice of Inquiry at 3 (Apr. legislative improvements; and (4) other works, may use technological tools and many 1, 2016) (‘‘[O]ur engineering team built a tool that employees or consultants to search for infringing allowed us to . . . attach the author’s name to [an] developments. files on the [I]nternet and to file notices in an image.... Pinterest has also developed tools to A. Characteristics of the Current attempt to get them removed. Independent creators, help content owners prevent certain content from however, often have to face this issue alone.’’). being saved to Pinterest, and to enable the quick Internet Ecosystem 6 See Tr. at 146:8–20 (May 2, 2016) (Brianna removal of their content if they so wish.’’). One of the key themes that emerged Schofield, Univ. of Cal., Berkeley Sch. of Law) 10 See, e.g., Tr. at 111:17–21 (May 12, 2016) (Lila from the first round of public comments (‘‘[W]e looked at notices sent to Google Images Bailey, Internet Archive) (‘‘The Internet Archive search and these notice senders tended to be definitely falls into the DMCA Classic [category]. and the roundtable discussions was the individuals, smaller businesses and we saw a much They have a tiny staff . . . and they review every diversity of the current Internet different dynamic here in that these were targeting notice they get by a human being.’’); Tr. at 157:3– ecosystem and the importance of sites that we might be more fearful would 10 (May 12, 2016) (Joseph Gratz, Durie Tangri LLP) factoring such diversity into any compromise legitimate expression, so blogs, (‘‘[T]he Internet from 1998 is still all there . . . it’s message board threads.... Fifteen percent small OSPs, small content creators, small copyright policymaking in the online space. weren’t even copyright complaints to start with. holders needing remedies for small Participants noted that there is a wide They were submitted as a DMCA complaint but infringements.’’); Tr. at 100:10–15 (May 12, 2016) variety of experiences and views even they were actually complaining about privacy or (Charles Roslof, Wikimedia Found.) (‘‘We operate within particular stakeholder groups. defamation, this sort of thing.’’); Tr. at 36:3–37:9 Wikipedia and . . . despite the large amount of (May 12, 2016) (Jennifer Urban, Univ. of Cal., content we host, we receive very few takedown Berkeley Sch. of Law). But see Jonathan Bailey, notices.’’). 2 See Section 512 Study: Announcement of Public Comments Submitted in Response to U.S. Copyright 11 See Internet Ass’n, Comments Submitted in Roundtables, 81 FR 14896 (Mar. 18, 2016). Office’s Dec. 31, 2015 Notice of Inquiry at 2 (Feb. Response to U.S. Copyright Office’s Dec. 31, 2015 3 References to the transcripts in this document 16, 2016) (‘‘With this automation has come Notice of Inquiry at 15 (Mar. 31, 2016) (‘‘[S]tartups are indicated by ‘‘Tr.,’’ followed by the page(s) and increased mistakes. Machines are simply not as and small businesses lack the sophisticated line(s) of the reference, the date of the roundtable, good at detecting infringement and fair use issues resources of larger, more established businesses in and the speaker’s name and affiliation. as humans.’’). responding to takedown requests.’’).

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harbor system.12 Participants While ISP participants acknowledged that abusive notices are in fact quite emphasized that the DMCA counter- the ever-increasing volume of takedown rare 21 and that the number of improper notice process is an important notices that are now being sent, they notices pales in comparison to the mechanism to protect the legitimate viewed the ability of larger ISPs to overwhelming volume of infringing online speech of individual Internet accommodate the increased volume as content. They argued that the counter- users, and that the proliferation of an example of the overall success of the notice process sufficiently protects diverse platforms and services made system.15 In stark contrast, many legitimate material,22 and pointed out possible by the DMCA safe harbors content creators of all sizes bemoaned that the financial burden of bringing a provides a critical benefit for the public. what they saw as the inefficiency and federal court case to prevent the ineffectiveness of the system.16 These B. Operation of the Current DMCA Safe reposting of infringing material within participants complained about the time Harbor System days of receiving a counter-notice makes and resources necessary to police the the provision unusable in practice.23 While some study participants Internet and viewed the ever-increasing Both content creators and ISPs asserted that the section 512 safe volume of notices as an example of the identified shortcomings in their abilities harbors are currently operating DMCA notice-and-takedown regime’s to efficiently process notices under the effectively and as Congress intended, a failure to sufficiently address the current system. ISPs identified the number of participants identified continued proliferation of online difficulty of receiving notices through various shortcomings and barriers for infringement.17 multiple channels (e.g., email, web content creators, ISPs, and individual ISPs, civic organizations, and content form, fax, etc.),24 as well as incomplete Internet users. These differing views creators also expressed differing views or unclear notices,25 as barriers to were especially stark when comparing regarding the extent to which false or efficient processing of takedown the experiences of content creators abusive notices are a problem under the requests. Several ISPs have reported (large and small) with the experiences of current system, and the effectiveness of moving to the use of web forms for online service providers.13 ISPs the counter-notice process for ensuring receipt of takedown notices in order to generally painted a picture of a thriving access to legitimate content. Several overcome some of these difficulties.26 and vibrant Internet ecosystem that was ISPs and civic groups pointed to abusive In contrast, many content creators largely the result of the safeguards and notices as one of the primary identified ISP-specific web forms as a protections of the DMCA safe harbors.14 shortcomings of the safe harbor regime. barrier to effective use of the notice-and- They pointed to the length of time takedown process, increasing the 12 See Pub. Knowledge, Comments Submitted in required to have material replaced after amount of time required to have the Response to U.S. Copyright Office’s Dec. 31, 2015 a counter-notice,18 and argued that Notice of Inquiry at 4 (Apr. 1, 2016) (‘‘Section 512 same material taken down across appropriately balances the interests of online having non-infringing content removed multiple platforms.27 Other barriers to platforms and copyright owners .... Where the even for a few days can severely impact use of the notice-and-takedown process balance is acutely in need of recalibration, though, a business.19 Several groups cited recent is with respect to user rights.’’); Tr. at 101:4–10 identified by content creators included (May 13, 2016) (Daphne Keller, Stanford Law Sch. data released by researchers at the additional ISP-created requirements that Ctr. for Internet & Soc’y). University of California, Berkeley some claimed go far beyond the 13 Compare Tr. at 92:6–11 (May 12, 2016) (Jordan School of Law as evidence of the scope requirements of the DMCA,28 and Berliant, Revelation Mgmt. Grp.) (‘‘I’m very of the problem.20 Some content creators, concerned about even our biggest client’s ability to on the other hand, expressed the view 21 earn a living under the current copyright protection See, e.g., Tr. at 155:9–13 (May 2, 2016) (Steven system, which, in effect, sanctions the infringement Rosenthal, McGraw-Hill Educ.); Tr. at 183:21–184:1 of their rights and is devastating to the revenue that 15 See, e.g., New Am.’s Open Tech. Inst., (May 12, 2016) (Gabriel Miller, Paramount Pictures they can earn from recording music.’’), and Tr. at Comments Submitted in Response to U.S. Copyright Corp.). 119:1–5 (May 2, 2016) (Jennifer Pariser, Motion Office’s Dec. 31, 2015 Notice of Inquiry at 3 (Apr. 22 See Copyright All., Comments Submitted in Picture Ass’n of Am.) (‘‘[T]his is where on the 1, 2016); Tr. at 77:7–13 (May 13, 2016) (Fred von Response to U.S. Copyright Office’s Dec. 31, 2015 content side we feel the imbalance comes, that Lohmann, Google, Inc.) (‘‘I disagree with people Notice of Inquiry at 20–21 (Apr. 1, 2016). [processing takedown notices is] a cost of doing who think that a large volume of notices is a sign 23 See, e.g., Dig. Media Licensing Ass’n, Inc. et al., business for an online service provider that is of failure; in fact, quite the contrary. If the notices Joint Comments Submitted in Response to U.S. relatively manageable for them, whereas on the weren’t doing any good, if it was too expensive to Copyright Office’s Dec. 31, 2015 Notice of Inquiry creation side, we’re being killed by piracy.’’), with send, we would expect the numbers to be falling, at 7 (Apr. 1, 2016); Sony Music Entm’t, Comments Facebook, Inc., Comments Submitted in Response not rising. And in fact, we see them rising because Submitted in Response to U.S. Copyright Office’s to U.S. Copyright Office’s Dec. 31, 2015 Notice of the systems are more efficient.’’). Dec. 31, 2015 Notice of Inquiry at 16 (Apr. 1, 2016) Inquiry at 4 (Apr. 1, 2016) (‘‘It is quite 16 See, e.g., Am. Ass’n of Indep. Music et al., Joint (citing the cost of litigation as accounting for the effective.... [W]hile the DMCA by necessity Comments Submitted in Response to U.S. Copyright fact that ‘‘since 2008, thousands of videos infringing imposes some burden on the respective parties, its Office’s Dec. 31, 2015 Notice of Inquiry at 21 (Apr. Sony’s copyrights have been reinstated on YouTube procedures unquestionably result in the effective 1, 2016); T Bone Burnett et al., Joint Comments due to counter notifications not being contested by and consistent removal of infringing content from Submitted in Response to U.S. Copyright Office’s Sony’’ even though ‘‘[i]n the vast majority of those the Internet.’’), and Amazon.com, Inc., Comments Dec. 31, 2015 Notice of Inquiry at 2 (Apr. 1, 2016). instances, there was no legitimate question that the Submitted in Response to U.S. Copyright Office’s 17 See, e.g., Tr. at 108:2–5 (May 13, 2016) (Dean use infringed Sony’s exclusive rights’’). Dec. 31, 2015 Notice of Inquiry at 3–4 (Apr. 1, 2016) Marks, Motion Picture Ass’n of Am.). 24 See Tr. at 54:22–55:11 (May 3, 2016) (Matthew (discussing the role of section 512 in fostering a 18 See, e.g., Jill Doe, Comments Submitted in Schruers, Comput. & Commc’ns Indus. Ass’n). balanced copyright regime that allows Internet 25 creativity and innovation). Response to U.S. Copyright Office’s Dec. 31, 2015 See Internet Archive, Comments Submitted in Response to U.S. Copyright Office’s Dec. 31, 2015 14 See Intel Corp., Comments Submitted in Notice of Inquiry at 2 (Mar. 21, 2016); Verizon Notice of Inquiry at 3 (Mar. 22, 2016). Response to U.S. Copyright Office’s Dec. 31, 2015 Commc’ns, Comments Submitted in Response to 26 Notice of Inquiry at 4–5 (Apr. 1, 2016) (‘‘As stated U.S. Copyright Office’s Dec. 31, 2015 Notice of See Jennifer M. Urban, Joe Karaganis & Brianna in the House Report, the goal of the [Digital Inquiry at 18 (Apr. 1, 2016). L. Schofield, Notice and Takedown in Everyday Millennium Copyright] Act was to lubricate the 19 See, e.g., Tr. at 153:3–17 (May 2, 2016) Practice 37 (UC Berkeley Pub. Law Research, Paper legitimate distribution of creative content. When (Rebecca Prince, Becky Boop); Tr. at 75:4–8 (May No. 2755628, 2016), http://ssrn.com/ measured by these Congressional yardsticks, 12, 2016) (Alex Feerst, Medium); Tr. at 164:9–16 abstract=2755628. Section 512 has been a stunning success.... At (May 12, 2016) (Joseph Gratz, Durie Tangri LLP). 27 See Ass’n of Am. Publishers, Comments the same time, Congress desired to preserve ‘strong 20 See, e.g., Engine et al., Comments Submitted in Submitted in Response to U.S. Copyright Office’s incentives for service providers and copyright Response to U.S. Copyright Office’s Dec. 31, 2015 Dec. 31, 2015 Notice of Inquiry at 7 (Apr. 1, 2016); owners to cooperate to detect and deal with Notice of Inquiry at 9 (Apr. 1, 2016); Internet Tr. at 19:5–11 (May 12, 2016) (Devon Weston, copyright infringements that take place in the Commerce Coal., Comments Submitted in Response Digimarc). digital networked environment.’ Intel believes that to U.S. Copyright Office’s Dec. 31, 2015 Notice of 28 See, e.g., Ellen Seidler, Fast Girl Films, the Act has done just that.’’). Inquiry at 3 (Apr. 1, 2016). Comments Submitted in Response to U.S. Copyright

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privacy concerns stemming from the ongoing impact of recent repeat A number of study participants noted public release of personal information infringer jurisprudence.32 that technology can help address some about the notice sender.29 One other debate between content of the inefficiencies of the current Study participants noted similar creators and ISPs relates to the fact that notice-and-takedown process. Some barriers that discourage users from section 512 sets forth a variety of participants cited increased efficiencies submitting counter-notices, even in differing safe harbor requirements for to be had from both automated notices response to what some consider to be ISPs depending upon the function they and takedowns, as well as other erroneous or fraudulent takedown are performing (i.e., mere conduit, technological tools.38 Other notices. The identified barriers included hosting, caching, or indexing). Thus, participants, however, cautioned against a similar lack of standardization for several telecommunications providers over reliance on technology. Several filing counter-notices, a lack of asserted that section 512 imposes no reasons for questioning the ability of education regarding the counter-notice obligation on ISPs either to accept or act technology to resolve problems with the process, privacy concerns, and the upon infringement notices when they current system were mentioned, threat of potential legal proceedings.30 are acting as a mere conduit under including the expense of developing In addition to noting practical barriers section 512(a).33 Some content creators, systems capable of handling notice-and- that may make utilization of the safe however, expressed concern that failure takedown processes, concerns that harbor system difficult, several to accept such notices, even if not part automated processes may be more commenters pointed to court opinions of a formal notice-and-takedown vulnerable to false positives, and the that they argue have decreased the process, would weaken the requirement limited capabilities of even the most effectiveness of the statutory scheme that ISPs adopt and reasonably advanced current technology.39 created by Congress. These implement a section 512(i) repeat Another potential non-legislative developments include judicial infringer policy.34 solution that was suggested was the interpretations of the actual and red flag development and adoption of industry- C. Potential Future Evolution of the knowledge standards, the right and wide, or sub-industry-specific, DMCA Safe Harbor System ability to control and financial benefit voluntary measures 40 and standard tests, section 512’s references to Study participants have suggested a technical measures,41 and/or the ‘‘representative lists,’’ and section 512’s number of potential solutions to the standardization of practices for notice requirement that ISPs implement a issues raised above, though it should be and takedown.42 A number of study repeat infringer policy. Some content understood that these solutions stem creators and others expressed concern only from the subset of stakeholders 38 See, e.g., Universal Music Grp., Comments that the first three developments, taken who suggest or acknowledge in the first Submitted in Response to U.S. Copyright Office’s together, have systematically changed instance that the current regime requires Dec. 31, 2015 Notice of Inquiry at 18 (Apr. 1, 2016); Tr. at 97:17–98:4 (May 13, 2016) (Betsy Viola the application of section 512, tipping it or could benefit from changes. These Zedek, The Walt Disney Co.). in favor of ISPs,31 while a number of solutions included both non-legislative 39 See, e.g., Wikimedia Found., Comments ISPs expressed concerns about the solutions (such as education, the use of Submitted in Response to U.S. Copyright Office’s technology, or voluntary and standard Dec. 31, 2015 Notice of Inquiry at 7 (Apr. 1, 2016); Tr. at 312:16–20 (May 2, 2016) (Sarah Feingold, Office’s Dec. 31, 2015 Notice of Inquiry at 2 (Apr. technical measures) and legislative fixes Etsy, Inc.). 1, 2016) (‘‘Because the email address for Google’s (either through changes to section 512 40 While many of the voluntary measures DMCA Agent is not posted on its Web sites, rights itself or passage of legislation to address holders must jump through various hoops and discussed by study participants were technological navigate through a series of questions in order to issues not directly addressed by section in nature (such as Google’s Content ID system), arrive at the correct form. Once there it takes 512). there were other programs that some participants additional time to complete the 9-part form. Before pointed to as potential blueprints for private action The non-legislative solution that to improve the operation of the safe harbor one can actually send it one must be sure to create appeared to have the broadest approval a Google account, then login and send.’’); Tr. at processes, including development of industry best 59:14–19 (May 2, 2016) (Lisa Shaftel, Graphic was the idea of creating governmental practices guidelines; initiatives like the Copyright Artists Guild). and private-sector educational materials Alert System; cooperative arrangements between 29 See, e.g., Arts & Entm’t Advocacy Clinic at content owners and payment processors, on copyright and section 512. advertisers, and domain name registries; and George Mason Univ. Sch. of Law, Comments Participants recommended the creation Submitted in Response to U.S. Copyright Office’s voluntary demotion of infringing results by search Dec. 31, 2015 Notice of Inquiry at 11 (Apr. 1, 2016) of targeted educational materials for all engines. Although many participants expressed (‘‘[P]ublicly revealing personal information about a participants in the Internet ecosystem, optimism that voluntary agreements could help notice sender may endanger the artist’s property 35 36 improve the efficacy of the safe harbor system, other including content creators, users, participants cautioned that voluntary measures and safety.’’). and ISPs.37 30 See, e.g., Rodrigo Adair, Comments Submitted should be viewed as supplements to reform, rather in Response to U.S. Copyright Office’s Dec. 31, 2015 than replacements for it. See Content Creators Coal., Notice of Inquiry at 1–2 (Mar. 18, 2016); New Media 32 See, e.g., Am. Cable Ass’n, Comments Comments Submitted in Response to U.S. Copyright Rights, Comments Submitted in Response to U.S. Submitted in Response to U.S. Copyright Office’s Office’s Dec. 31, 2015 Notice of Inquiry at 27–30 Copyright Office’s Dec. 31, 2015 Notice of Inquiry Dec. 31, 2015 Notice of Inquiry at 5 (Apr. 1, 2016); (Apr. 1, 2016). Still others objected to the idea of at 16–17 (Apr. 1, 2016); Tr. at 253:5–7 (May 13, CTIA—The Wireless Ass’n, Comments Submitted in voluntary agreements as unrepresentative and 2016) (Michael Michaud, Channel Awesome, Inc.). Response to U.S. Copyright Office’s Dec. 31, 2015 potentially undemocratic. See, e.g., Elec. Frontier Notice of Inquiry at 11–12 (Apr. 1, 2016). 31 See, e.g., Matthew Barblan et al., Joint Found., Comments Submitted in Response to U.S. 33 Comments Submitted in Response to U.S. Copyright See, e.g., Tr. 65:24–67:21 (May 2, 2016) Copyright Office’s Dec. 31, 2015 Notice of Inquiry Office’s Dec. 31, 2015 Notice of Inquiry at 1 (Apr. (Jacqueline Charlesworth, U.S. Copyright Office; at 15 (Apr. 1, 2016); Tr. at 177:17–22 (May 13, 2016) 1, 2016); Tr. at 196:25–197:12 (May 3, 2016) (June Patrick Flaherty, Verizon Commc’ns). (Michael Masnick, Copia Institute); Tr. at 171:8–13 Besek, Kernochan Ctr. for Law, Media & the Arts) 34 See Tr. 257:12–15 (May 2, 2016) (David Jacoby, (May 13, 2016) (T.J. Stiles, author). (‘‘[I]n the last 18 years or so, I think courts have Sony Music Entm’t). 41 See Tr. at 173:18–174:16 (May 13, 2016) (Sean often placed a lot of emphasis on the ability of 35 See Tr. at 73:23–74:8 (May 2, 2016) (Lisa O’Connor, Univ. of Washington (Seattle)) (‘‘[O]ne- service providers to flourish and grow and perhaps Hammer, independent film director). size-fits-all can’t work . . . [but] if you create a less emphasis on the concerns of right holders. And 36 See Tr. at 52:6–10 (May 2, 2016) (Janice Pilch, taxonomy that [covers the] different kinds of you can see that in a lot of different ways—defining Rutgers Univ. Libraries); Tr. at 279:21–281:8 (May content industry and also different kind[s] of storage very broadly, defining red flag knowledge 12, 2016) (Brian Willen, Wilson Sonsini Goodrich); service providers . . . you can . . . [c]ome up with very narrowly, reading representative lists out of Tr. at 253:22–254:11 (May 13, 2016) (Michael . . . standard technical measures for that particular the statute, basically, leaving right holders with Michaud, Channel Awesome, Inc.). subdivision area.’’). little recourse other than sending notice after notice 37 See Future of Music Coal., Comments 42 See, e.g., Info. Tech. & Innovation Found., after notice to prevent reposting of their material. Submitted in Response to U.S. Copyright Office’s Comments Submitted in Response to U.S. Copyright And they can never really prevent it.’’). Dec. 31, 2015 Notice of Inquiry at 18 (Apr. 1, 2016). Continued

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participants pointed to the failure to Many study participants, however, actual or red flag knowledge of adopt standard technical measures raised concerns about the possible infringement.51 under section 512(i), nearly two decades adoption of a notice-and-stay-down Similarly, while some of the initial after passage of the DMCA, as a requirement, citing both policy and written responses and roundtable demonstrable failure of the current practical/technological concerns.48 discussions touched upon Internet safe section 512 system.43 Some study harbor regimes outside the United D. Other Developments participants suggested that there may be States,52 the Copyright Office welcomes a role for the government generally, or The Copyright Office is also seeking additional information about foreign the U.S. Copyright Office in particular, comments on three additional topics: approaches to the questions of ISP safe to play in encouraging or supporting the judicial opinions that were not covered harbors, Internet piracy, and other adoption of such standard technical by the initial round of public comments, relevant topics. measures by convening groups of the disposition of Internet safe harbors Finally, the Copyright Office is asking relevant stakeholders.44 under foreign copyright laws, and for the submission of additional Another potential solution proposed empirical research into the analyses and empirical data related to by some of the participants was effectiveness, impact, and utilization of the effectiveness, impact, and utilization legislative action to improve the section the current section 512 safe harbors. of the current section 512 safe harbors. 512 safe harbor system, either by The Copyright Office is interested in While several participants referenced a amending the statute itself, or adopting hearing from the public about judicial trio of recent studies performed by ancillary legislative reform proposals. decisions issued since the first round of researchers at the University of The most frequently discussed potential public comments closed in April 2016, California, Berkeley School of Law, legislative change was adoption of a and how they may impact the workings others noted that a nucleus of notice-and-stay-down requirement.45 of one or more aspects of the section 512 authoritative studies and evidence is 53 Although many participants suggested a safe harbors. These include, in still lacking, overall. Given the pressing need for such a requirement, particular, recent decisions from the economic importance of both the they have not defined what is meant by Eastern District of Virginia and the creative and technology industries to ‘‘stay-down,’’ or what specific Second Circuit. In BMG Rights the U.S. economy, policymaking mechanisms might be utilized to Management (US) v. Cox relating to the proper calibration of the comply with such a requirement. Some Communications, Inc., currently on costs and benefits of ISP safe harbors participants equated a notice-and-stay- appeal to the Fourth Circuit, the Eastern would benefit from a robust record of down system with the use of a content District of Virginia upheld a jury verdict authoritative data. Potential subject filtering system like Content ID to pre- that the defendant ISP was liable for matter for relevant submissions would include data relating to the number of screen user uploads.46 Other willful contributory infringement based improper takedown or counter-notices participants seemed to equate a notice- on its subscribers’ use of BitTorrent to received by different classes of ISPs, and-stay-down system with a download and share copyrighted information relating to the percentage of requirement for the ISP to search its site material.49 The court found that the files that are re-uploaded following for identical files upon receipt of a defendant was not able to invoke the submission of a valid takedown notice, takedown notice from a rightsholder.47 section 512(a) safe harbor as a result of its failure to reasonably implement a information regarding the effectiveness or ineffectiveness of takedown notices Office’s Dec. 31, 2015 Notice of Inquiry at 5 (Mar. repeat infringer policy.50 In Capitol 21, 2016) (‘‘[T]he tools . . . used by online service Records, LLC v. Vimeo LLC, the Second for combating different forms of piracy providers to prevent and stop infringement vary both here and abroad, the economic widely. To address this problem, the U.S. Copyright Circuit found that (1) the section 512(c) safe harbor extends to claims for impact of policy choices relating to ISP Office should launch a multi-stakeholder working safe harbors, and other topics. group to identify . . . [ways] to reduce infringement infringement of pre-1972 sound and lower compliance costs for all parties. For recordings, which are protected under II. Subjects of Inquiry example .... standardize[d] notice-and-takedown processes across multiple service providers . . . .’’); state, rather than federal, copyright The Copyright Office seeks further Tr. at 164:12–165:13 (May 13, 2016) (Dave Green, laws, and (2) the fact that a defendant public input in the form of written Microsoft) (suggesting a ‘‘summit attended ISP’s employee viewed a video that comments responsive to this Notice and primarily by engineers,’’ potentially including ‘‘contains all or virtually all of a ‘‘government support or encouragement . . . to the issues discussed above, as well as come up with ways to make it easy to report . . . recognizable copyrighted song’’ is the submission of studies and empirical a single work to multiple ISPs without having to insufficient to provide the ISP with data relevant to the subject matter of send notices multiple times’’). this study. Parties may also take this 43 See, e.g., Tr. 68:22–69:12 (May 3, 2016) (Lisa created an account called ‘Best Books.’. . . She opportunity to respond to positions or Willmer, Getty Images); Tr. 18:10–21:6 (May 13, sends a notice to Google, with an image of the fake 2016) (Karyn Temple Claggett, U.S. Copyright cover and false publisher name, along with a URL data raised in the first round of Office; Keith Kupferschmid, Copyright All.). for the pirated copy. Google takes the copy down comments and/or at the roundtables. 44 See Tr. 250:23–251:1 (May 3, 2016) (Todd a day later. The next day, the same book with the Dupler, Recording Acad.). same cover is reposted on the site. From then on, 51 Capitol Records, LLC v. Vimeo, LLC, 826 F.3d 45 See, e.g., Indep. Film & Television All., Google should be required to automatically remove 87–98 (2d Cir. 2016). Comments Submitted in Response to U.S. Copyright any instance of the entire book that anyone other 52 See, e.g., Ctr. for Democracy & Tech. & R Street Office’s Dec. 31, 2015 Notice of Inquiry at 4 (Apr. than an authorized person (as provided by the Inst., Joint Comments Submitted in Response to 1, 2016); Tr. at 230:11–23 (May 3, 2016) (Matthew copyright owner) posts on the site.’’). U.S. Copyright Office’s Dec. 31, 2015 Notice of Barblan, Ctr. for the Prot. of Intellectual Prop.). 48 See, e.g., Facebook, Inc., Comments Submitted Inquiry at 19 n.79 (Apr. 1, 2016); Tr. 114:24–115:6 46 See Council of Music Creators et al., Joint in Response to U.S. Copyright Office’s Dec. 31, 2015 (May 3, 2016) (Victoria Sheckler, Recording Indus. Comments Submitted in Response to U.S. Copyright Notice of Inquiry at 6 (Apr. 1, 2016); Internet Ass’n of Am.); Tr. 325:16–20 (May 12, 2016) Office’s Dec. 31, 2015 Notice of Inquiry at 3 (Apr. Archive, Comments Submitted in Response to U.S. (Daphne Keller, Stanford Law Sch. Ctr. for Internet 1, 2016). Copyright Office’s Dec. 31, 2015 Notice of Inquiry & Soc’y). 47 See Authors Guild, Inc., Comments Submitted at 2 (Mar. 22, 2016). 53 See, e.g., Tr. at 255:11–12 (May 13, 2016) (Sean in Response to U.S. Copyright Office’s Dec. 31, 2015 49 BMG Rights Mgmt. (US) LLC v. Cox Commc’ns., O’Connor, Univ. of Washington (Seattle)) (‘‘[O]n the Notice of Inquiry at 14 (Apr. 1, 2016) (‘‘Here’s an Inc., No. 1:14–cv–1611, 2016 WL 4224964 (E.D. Va. empirical research side, I do think we need to do example of how ‘notice and stay-down’ might work Aug. 8, 2016), appeal docketed, No. 16–1972 (4th a lot more . . . .’’); Tr. at 260:3–4 (May 13, 2016) in practice: an author finds a pirated copy of her Cir. Aug. 24, 2016). (Fred von Lohmann, Google, Inc.) (‘‘We need more book on Google Play, offered by a user who has 50 Id. at *4. and better data.’’).

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Participants should, however, refrain of the notice-and-takedown and 10. How can the adoption of from simply restating positions taken at counter-notice processes, and how can additional voluntary measures be the roundtables or previously submitted those barriers best be addressed (e.g., encouraged or incentivized? What role, in response to the First Notice; such incentives for ISPs to use a standardized if any, should government play in the comments have already been made part notice/counter-notice form, etc.)? development and implementation of of the record. While a party choosing to 5. A number of study participants future voluntary measures? respond to this Notice of Inquiry need identified the timelines under the 11. Several study participants pointed not address every subject below, the DMCA as a potential area in need of out that, since passage of the DMCA, no Office requests that responding parties reform. Some commenters expressed the standard technical measures have been clearly identify and separately address view that the process for restoring adopted pursuant to section 512(i). each subject for which a response is access to material that was the subject Should industry-wide or sub-industry- submitted. of a takedown notice takes too long, specific standard technical measures be noting that the material for which a adopted? If so, is there a role for Characteristics of the Current Internet counter-notice is sent can ultimately be Ecosystem government to help encourage the inaccessible for weeks or months before adoption of standard technical 1. As noted above, there is great access is restored. Other commenters measures? Is legislative or other change diversity among the categories of expressed the view that the timeframe required? content creators and ISPs who comprise for restoring access to content is too 12. Several study participants have the Internet ecosystem. How should any short, and that ten days is not enough proposed some version of a notice-and- improvements in the DMCA safe harbor time for a copyright holder to prepare stay-down system. Is such a system system account for these differences? and file litigation following receipt of a advisable? Please describe in specific For example, should any potential new counter-notice. Are changes to the detail how such a system should measures, such as filtering or stay- section 512 timeline needed? If so, what operate, and include potential down, relate to the size of the ISP or timeframes for each stage of the process legislative language, if appropriate. If it volume of online material hosted by it? would best facilitate the dual goals of is not advisable, what particular If so, how? Should efforts to improve encouraging online speech while problems would such a system impose? the accuracy of notices and counter- protecting copyright holders from Are there ways to mitigate or avoid notices take into account differences widespread online piracy? those problems? What implications, if between individual senders and 6. Participants also noted any, would such as system have for automated systems? If so, how? disincentives to filing both notices and future online innovation and content 2. Several commenters noted the counter-notices, such as safety and creation? importance of taking into account the privacy concerns, intimidating perspectives and interests of individual language, or potential legal costs. How 13. What other specific legislative Internet users when considering any do these concerns affect use of the provisions or amendments could changes to the operation of the DMCA notice-and-takedown and counter-notice improve the overall functioning of the safe harbors. Are there specific issues processes, and how can these DMCA safe harbor regime? Please be for which it is particularly important to disincentives best be addressed? specific, including proposed statutory consult with or take into account the 7. Some participants recommended language as appropriate. perspective of individual users and the that the penalties under section 512 for Other Developments general public? What are their interests, filing false or abusive notices or and how should these interests be counter-notices be strengthened. How 14. Several study participants factored into the operation of section could such penalties be strengthened? mentioned concerns regarding certain 512? Would the benefits of such a change case law interpretations of the existing outweigh the risk of dissuading notices provisions of section 512. Additionally, Operation of the Current DMCA Safe or counter-notices that might be socially two new judicial decisions have come Harbor System beneficial? out since the first round of public 3. Participants expressed widely 8. For ISPs acting as conduits under comments was submitted in April 2016. divergent views on the overall section 512(a), what notice or finding What is the impact, if any, of these effectiveness of the DMCA safe harbor should be necessary to trigger a repeat decisions on the effectiveness of section system. How should the divergence in infringer policy? Are there policy or 512? If you believe it would be views be considered by policy makers? other reasons for adopting different appropriate to address or clarify existing Is there a neutral way to measure how requirements for repeat infringer provisions of section 512, what would effective the DMCA safe harbor regime policies when an ISP is acting as a be the best ways to address such has been in achieving Congress’ twin conduit, rather than engaging in provisions (i.e., through the courts, goals of supporting the growth of the caching, hosting, or indexing functions? Congress, the Copyright Office, and/or Internet while addressing the problem voluntary measures)? Please provide of online piracy? Potential Future Evolution of the DMCA specific recommendations, such as 4. Several public comments and Safe Harbor System legislative language, if appropriate. roundtable participants noted practical 9. Many participants supported 15. What approaches have barriers to effective use of the notice- increasing education about copyright jurisdictions outside the United States and-takedown and counter-notice law generally, and/or the DMCA safe taken to address the question of ISP processes, such as differences in the harbor system specifically, as a non- liability and the problem of copyright web forms used by ISPs to receive legislative way to improve the infringement on the Internet? To what notices or adoption by ISPs of functioning of section 512. What types extent have these approaches worked additional requirements not imposed of educational resources would improve well, or created problems for under the DMCA (e.g., submission of a the functioning of section 512? What consumers, content creators, ISPs, or copyright registration or creation of steps should the U.S. Copyright Office other stakeholders? certain web accounts). What are the take in this area? Is there any role for 16. Please identify any other pertinent most significant practical barriers to use legislation? issues that the Copyright Office may

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wish to consider in conducting this SUPPLEMENTARY INFORMATION: We The purpose of this Notice is to solicit study. propose the following materials for comments concerning The Role of disposal because we have determined Libraries and Museums in Community Submission of Empirical Research To that they lack continuing Transformation (Community Catalyst)— Aid the Study administrative, historical, information, A National Leadership Grants Special Many commenters expressed a desire or evidentiary value. Initiative. for more comprehensive empirical data The items identified include (full list A copy of the proposed information regarding the functioning and effects of below) ephemera located within the collection request can be obtained by the DMCA safe harbor system. The Staff Member Office Files and White contacting the individual listed below Copyright Office is providing an House Office of Records Management in the ADDRESSES section of this notice. extended deadline for submissions of Subject/Alpha Files of the George W. DATES: Written comments must be empirical research on any of the topics Bush Presidential Library: submitted to the office listed in the discussed in this Notice, or other topics NASA Pin ADDRESSES section below on or before that are likely to provide useful data to Connecting to Collections Black January 5, 2017. assess and/or improve the operation of Shoulder Bag The IMLS is particularly interested in section 512. Metal Edge, Inc. Mini Hollinger comments which: Dated: November 2, 2016. IMLS Level and Tape Measurer • Evaluate whether the proposed Karyn Temple Claggett, White Cotton Gloves collection of information is necessary Acting Register of Copyrights and Director Faith Bottle for the proper performance of the of the U.S. Copyright Office. Indian River Community College functions of the agency, including [FR Doc. 2016–26904 Filed 11–7–16; 8:45 am] Educational Program whether the information will have BILLING CODE 1410–30–P Honor Cats Banners practical utility; • Evaluate the accuracy of the Dated: October 25, 2016. agency’s estimate of the burden of the Susan K. Donius, proposed collection of information, NATIONAL ARCHIVES AND RECORDS Director, Office of Presidential Libraries. ADMINISTRATION including the validity of the [FR Doc. 2016–26952 Filed 11–7–16; 8:45 am] methodology and assumptions used; [NARA–2017–005] BILLING CODE 7515–01–P • Enhance the quality, utility, and clarity of the information to be George W. Bush Presidential Library; collected; and Disposal of Presidential Records THE NATIONAL FOUNDATION FOR • Minimize the burden of the AGENCY: National Archives and Records THE ARTS AND THE HUMANITIES collection of information on those who Administration (NARA). are to respond, including through the Institute of Museum and Library ACTION: Notice of proposed disposal of use of appropriate automated, Services Presidential records; request for public electronic, mechanical, or other comment. technological collection techniques or Notice of Proposed Information other forms of information technology, SUMMARY: The National Archives and Collection Request: Community e.g., permitting electronic submission of Records Administration (NARA) has Catalyst: The Role of Libraries and responses. Museums in Community identified certain Presidential records ADDRESSES: For a copy of the documents Transformation (Community from the George W. Bush Presidential contact: Dr. Marvin Carr, Senior Catalyst)—A National Leadership Library as appropriate for disposal Advisor, STEM and Community Grants Special Initiative under the provisions of 44 U.S.C. Engagement, Institute of Museum and 2203(f)(3). This notice describes our AGENCY: Institute of Museum and Library Services, 955 L’Enfant Plaza reasons for determining that these Library Services, National Foundation North SW., Suite 4000, Washington, DC records do not warrant retaining any for the Arts and the Humanities. 20024. Dr. Carr can be reached by longer. telephone: 202–653–4752; fax: 202– This notice does not constitute a final ACTION: Notice, request for comments, collection of information. 653–4603; email: [email protected] or by agency action, as described in 44 U.S.C. teletype (TTY/TDD) for persons with 2203(f)(3), and we will not dispose of SUMMARY: The Institute of Museum and hearing difficulty at 202–653–4614. any Presidential records following this Library Service (‘‘IMLS’’) as part of its SUPPLEMENTARY INFORMATION: notice. After reviewing any comments continuing effort to reduce paperwork we receive during this 45-day notice and respondent burden, conducts a pre- I. Background and comment period, we will make a clearance consultation program to The Institute of Museum and Library decision on the records. If we decide to provide the general public and federal Services is the primary source of federal dispose of them, we will issue a second, agencies with an opportunity to support for the Nation’s 123,000 60-day advance notice, which comment on proposed and/or libraries and 35,000 museums. The constitutes a final agency action. continuing collections of information in Institute’s mission is to inspire libraries DATES: Comments are due by December accordance with the Paperwork and museums to advance innovation, 23, 2016. Reduction Act (44 U.S.C. 3501 et seq.). learning and civic engagement. We LOCATION: Submit written comments by This pre-clearance consultation program provide leadership through research, mail to Director, Presidential Libraries; helps to ensure that requested data can policy development, and grant making. National Archives and Records be provided in the desired format, IMLS provides a variety of grant Administration (LP), Suite 2200; 8601 reporting burden (time and financial programs to assist the Nation’s Adelphi Road; College Park, MD 20740– resources) is minimized, collection museums and libraries in improving 6001, or by fax to 301.837.3199. instruments are clearly understood, and their operations and enhancing their FOR FURTHER INFORMATION CONTACT: the impact of collection requirements on services to the public. (20 U.S.C. 9101 Susan K. Donius at 301.837.3250. respondents can be properly assessed. et seq.).

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II. Current Actions This process will help to advance our Foundation (NSF) announces the To administer The Role of Libraries understanding of what is currently following meeting: and Museums in Community occurring in a community and where NAME AND COMMITTEE CODE: Astronomy Transformation (Community Catalyst)— there are different leverage points to and Astrophysics Advisory Committee A National Leadership Grants Special effect change. The desired goal is to (#13883). Initiative. National Leadership Grants help catalyze civic revitalization with DATE AND TIME: for Libraries (NLG-Libraries) and the active involvement of key January 26, 2017; 9:00 a.m.–5:00 p.m. National Leadership Grants for community assets, museums and January 27, 2017; 9:00 a.m.–12:00 p.m. libraries. Museums (NLG-Museums), under PLACE: National Science Foundation, which this special initiative falls, Agency: Institute of Museum and Library Services. 4201 Wilson Blvd., Arlington, VA support projects that address challenges 22230, Stafford I, Room 1235. faced by the library and museum fields Title: The Role of Libraries and TYPE OF MEETING: Open. and that have the potential to advance Museums in Community practice in those fields. Successful Transformation (Community Catalyst)— CONTACT PERSON: Dr. Christopher Davis, projects will generate results such as A National Leadership Grants Special Program Director, Division of new tools, research findings, models, Initiative. Astronomical Sciences, Suite 1045, services, practices, or alliances that can OMB Number: TBD. National Science Foundation, 4201 be widely used, adapted, scaled, or Agency Number: 3137. Wilson Blvd., Arlington, VA 22230. replicated to extend the benefits of Frequency: One time. Telephone: 703–292–4910. federal investment. This special joint Affected Public: Libraries, agencies, PURPOSE OF MEETING: To provide advice NLG-Libraries and NLG-Museums institutions of higher education, and recommendations to the National initiative invites proposals for museums, and other entities that Science Foundation (NSF), the National development and testing of approaches advance the museum and library fields Aeronautics and Space Administration to deepen and sustain the collaborative and that meet the eligibility criteria. (NASA) and the U.S. Department of work that libraries and museums engage Number of Respondents: 15. Energy (DOE) on issues within the field in with their communities. Funded Estimated Time per Respondent: 40 of astronomy and astrophysics that are projects will create a foundation for hours. of mutual interest and concern to the enhanced collective impact in Total Burden Hours: 1,480. agencies. Total Annualized Cost to communities, especially working with AGENDA: To hear presentations of Respondents: $43,805. those from diverse economic, social, current programming by representatives Total Annualized Capital/Startup and cultural backgrounds and will from NSF, NASA, DOE and other Costs: 0. involve key partners such as community agencies relevant to astronomy and Total Annualized Cost to Federal service organizations, government astrophysics; to discuss current and Government: $7,608. entities, and/or funders. potential areas of cooperation between Public Comments Invited: Comments This funding opportunity may the agencies; to formulate submitted in response to this notice will include grants and/or cooperative recommendations for continued and be summarized and/or included in the agreements. We will seek proposals that new areas of cooperation and request for OMB’s clearance of this use approaches grounded in community mechanisms for achieving them. innovation labs; such processes help to information collection. Dated: November 2, 2016. build understanding and develop FOR FURTHER INFORMATION CONTACT: options when complex social problems Stephanie Burwell, Chief Information Crystal Robinson, affect many stakeholders. They are Officer, Office of the Chief Information Committee Management Officer. effective where no one entity is Officer, Institute of Museum and Library [FR Doc. 2016–26876 Filed 11–7–16; 8:45 am] accountable for solving the problem, no Services, 955 L’Enfant Plaza North SW., BILLING CODE 7555–01–P one solution is sufficient for solving the Suite 4000, Washington, DC 20024– problem, and current solutions are 2135. Mrs. Burwell can be reached by insufficient. Labs draw on diverse Telephone: 202–653–4684, Fax: 202– NUCLEAR REGULATORY perspectives about a problem to make 653–4625, or by email at sburwell@ COMMISSION sense of an issue and focus on rapid imls.gov or by teletype (TTY/TDD) at experimentation to surface and adapt 202–653–4614. Office hours are from [NRC–2016–0226] 8:30 a.m. to 5 p.m., E.T., Monday solutions to problems. By bringing Biweekly Notice: Applications and through Friday, except Federal holidays. together stakeholders with a collective Amendments to Facility Operating blend of knowledge and experience Dated: November 2, 2016. Licenses and Combined Licenses with various aspects of local place and Kim A. Miller, Involving No Significant Hazards social wellbeing, these individuals and Grants Management Specialist, Office of the Considerations organizations can co-create, and test Chief Financial Officer. solutions together in ways that they AGENCY [FR Doc. 2016–26894 Filed 11–7–16; 8:45 am] : Nuclear Regulatory could not have done on their own. Commission. BILLING CODE 7036–01–P Participants will seek to help their local ACTION: Biweekly notice. community collaborate across sectors, question old assumptions, develop deep SUMMARY: Pursuant to Section 189a. (2) understandings of local system NATIONAL SCIENCE FOUNDATION of the Atomic Energy Act of 1954, as dynamics, explore solutions that Astronomy and Astrophysics Advisory amended (the Act), the U.S. Nuclear leverage existing community assets and Committee; Notice of Meeting Regulatory Commission (NRC) is yield innovative responses, and rehearse publishing this regular biweekly notice. potential strategies for change that In accordance with the Federal The Act requires the Commission to include drawing upon museums and Advisory Committee Act (Pub., L. 92– publish notice of any amendments libraries. 463, as amended), the National Science issued, or proposed to be issued, and

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grants the Commission the authority to available documents online in the create the possibility of a new or issue and make immediately effective ADAMS Public Documents collection at different kind of accident from any any amendment to an operating license http://www.nrc.gov/reading-rm/ accident previously evaluated; or (3) or combined license, as applicable, adams.html. To begin the search, select involve a significant reduction in a upon a determination by the ‘‘ADAMS Public Documents’’ and then margin of safety. The basis for this Commission that such amendment select ‘‘Begin Web-based ADAMS proposed determination for each involves no significant hazards Search.’’ For problems with ADAMS, amendment request is shown below. consideration, notwithstanding the please contact the NRC’s Public The Commission is seeking public pendency before the Commission of a Document Room (PDR) reference staff at comments on this proposed request for a hearing from any person. 1–800–397–4209, 301–415–4737, or by determination. Any comments received This biweekly notice includes all email to [email protected]. The within 30 days after the date of notices of amendments issued, or ADAMS accession number for each publication of this notice will be proposed to be issued, from October 8, document referenced (if it is available in considered in making any final 2016, to October 24, 2016. The last ADAMS) is provided the first time that determination. biweekly notice was published on it is mentioned in this document. Normally, the Commission will not October 25, 2016. • NRC’s PDR: You may examine and issue the amendment until the purchase copies of public documents at expiration of 60 days after the date of DATES: Comments must be filed by publication of this notice. The December 8, 2016. A request for a the NRC’s PDR, Room O1–F21, One Commission may issue the license hearing must be filed by January 9, White Flint North, 11555 Rockville amendment before expiration of the 60- 2017. Pike, Rockville, Maryland 20852. day period provided that its final ADDRESSES: You may submit comments B. Submitting Comments determination is that the amendment by any of the following methods: Please include Docket ID NRC–2016– involves no significant hazards • Federal Rulemaking Web site: Go to 0226, facility name, unit number(s), consideration. In addition, the http://www.regulations.gov and search plant docket number, application date, Commission may issue the amendment for Docket ID NRC–2016–0226. Address and subject in your comment prior to the expiration of the 30-day questions about NRC dockets to Carol submission. comment period if circumstances Gallagher; telephone: 301–415–3463; The NRC cautions you not to include change during the 30-day comment email: [email protected]. For identifying or contact information that period such that failure to act in a technical questions, contact the you do not want to be publicly timely way would result, for example in individual or individuals in the FOR disclosed in your comment submission. derating or shutdown of the facility. If FURTHER INFORMATION CONTACT section of The NRC will post all comment the Commission takes action prior to the this document. submissions at http:// expiration of either the comment period • Mail comments to: Cindy Bladey, www.regulations.gov, as well as enter or the notice period, it will publish in Office of Administration, Mail Stop: the comment submissions into ADAMS. the Federal Register a notice of OWFN–12–H08, U.S. Nuclear The NRC does not routinely edit issuance. If the Commission makes a Regulatory Commission, Washington, comment submissions to remove final no significant hazards DC 20555–0001. identifying or contact information. consideration determination, any For additional direction on obtaining If you are requesting or aggregating hearing will take place after issuance. information and submitting comments, comments from other persons for The Commission expects that the need see ‘‘Obtaining Information and submission to the NRC, then you should to take this action will occur very Submitting Comments’’ in the inform those persons not to include infrequently. identifying or contact information that SUPPLEMENTARY INFORMATION section of A. Opportunity To Request a Hearing they do not want to be publicly this document. and Petition for Leave To Intervene FOR FURTHER INFORMATION CONTACT: disclosed in their comment submission. Within 60 days after the date of Lynn Ronewicz, Office of Nuclear Your request should state that the NRC does not routinely edit comment publication of this notice, any persons Reactor Regulation, U.S. Nuclear (petitioner) whose interest may be Regulatory Commission, Washington DC submissions to remove such information before making the comment affected by this action may file a request 20555–0001; telephone: 301–415–1927, for a hearing and a petition to intervene email: [email protected]. submissions available to the public or entering the comment into ADAMS. (petition) with respect to the action. I. Obtaining Information and Petitions shall be filed in accordance Submitting Comments I. Notice of Consideration of Issuance of with the Commission’s ‘‘Agency Rules Amendments to Facility Operating of Practice and Procedure’’ in 10 CFR A. Obtaining Information Licenses and Combined Licenses and part 2. Interested persons should Please refer to Docket ID NRC–2016– Proposed No Significant Hazards consult a current copy of 10 CFR 2.309, 0226, facility name, unit number(s), Consideration Determination which is available at the NRC’s PDR, plant docket number, application date, The Commission has made a located at One White Flint North, Room and subject when contacting the NRC proposed determination that the O1–F21, 11555 Rockville Pike (first about the availability of information for following amendment requests involve floor), Rockville, Maryland 20852. The this action. You may obtain publicly- no significant hazards consideration. NRC’s regulations are accessible available information related to this Under the Commission’s regulations in electronically from the NRC Library on action by any of the following methods: § 50.92 of title 10 of the Code of Federal the NRC’s Web site at http:// • Federal Rulemaking Web site: Go to Regulations (10 CFR), this means that www.nrc.gov/reading-rm/doc- http://www.regulations.gov and search operation of the facility in accordance collections/cfr/. If a petition is filed for Docket ID NRC–2016–0226. with the proposed amendment would within 60 days, the Commission or a • NRC’s Agencywide Documents not (1) involve a significant increase in presiding officer designated by the Access and Management System the probability or consequences of an Commission or by the Chief (ADAMS): You may obtain publicly- accident previously evaluated, or (2) Administrative Judge of the Atomic

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Safety and Licensing Board Panel, will date of publication of this notice. limited appearance may make an oral or rule on the petition; and the Secretary Requests for hearing, petitions for leave written statement of position on the or the Chief Administrative Judge of the to intervene, and motions for leave to issues, but may not otherwise Atomic Safety and Licensing Board will file new or amended contentions that participate in the proceeding. A limited issue a notice of a hearing or an are filed after the 60-day deadline will appearance may be made at any session appropriate order. not be entertained absent a of the hearing or at any prehearing As required by 10 CFR 2.309, a determination by the presiding officer conference, subject to the limits and petition shall set forth with particularity that the filing demonstrates good cause conditions as may be imposed by the the interest of the petitioner in the by satisfying the three factors in 10 CFR presiding officer. Details regarding the proceeding, and how that interest may 2.309(c)(1)(i) through (iii). opportunity to make a limited be affected by the results of the If a hearing is requested, and the appearance will be provided by the proceeding. The petition should Commission has not made a final presiding officer if such sessions are specifically explain the reasons why determination on the issue of no scheduled. intervention should be permitted with significant hazards consideration, the particular reference to the following Commission will make a final B. Electronic Submissions (E-Filing). general requirements: (1) The name, determination on the issue of no All documents filed in NRC address, and telephone number of the significant hazards consideration. The adjudicatory proceedings, including a petitioner; (2) the nature of the final determination will serve to decide request for hearing, a petition for leave petitioner’s right under the Act to be when the hearing is held. If the final to intervene, any motion or other made a party to the proceeding; (3) the determination is that the amendment document filed in the proceeding prior nature and extent of the petitioner’s request involves no significant hazards to the submission of a request for property, financial, or other interest in consideration, the Commission may hearing or petition to intervene the proceeding; and (4) the possible issue the amendment and make it (hereinafter ‘‘petition’’), and documents effect of any decision or order which immediately effective, notwithstanding filed by interested governmental entities may be entered in the proceeding on the the request for a hearing. Any hearing participating under 10 CFR 2.315(c), petitioner’s interest. The petition must held would take place after issuance of must be filed in accordance with the also set forth the specific contentions the amendment. If the final NRC’s E-Filing rule (72 FR 49139; which the petitioner seeks to have determination is that the amendment August 28, 2007, as amended at 77 FR litigated at the proceeding. request involves a significant hazards 46562, August 3, 2012). The E-Filing Each contention must consist of a consideration, then any hearing held process requires participants to submit specific statement of the issue of law or would take place before the issuance of and serve all adjudicatory documents fact to be raised or controverted. In any amendment unless the Commission over the internet, or in some cases to addition, the petitioner shall provide a finds an imminent danger to the health mail copies on electronic storage media. brief explanation of the bases for the or safety of the public, in which case it Participants may not submit paper contention and a concise statement of will issue an appropriate order or rule copies of their filings unless they seek the alleged facts or expert opinion under 10 CFR part 2. an exemption in accordance with the which support the contention and on A State, local governmental body, procedures described below. which the petitioner intends to rely in Federally-recognized Indian Tribe, or To comply with the procedural proving the contention at the hearing. agency thereof, may submit a petition to requirements of E-Filing, at least 10 The petitioner must also provide the Commission to participate as a party days prior to the filing deadline, the references to those specific sources and under 10 CFR 2.309(h)(1). participant should contact the Office of documents of which the petitioner is The petition should state the nature the Secretary by email at aware and on which the petitioner and extent of the petitioner’s interest in [email protected], or by telephone intends to rely to establish those facts or the proceeding. The petition should be at 301–415–1677, to request (1) a digital expert opinion to support its position on submitted to the Commission by January identification (ID) certificate, which the issue. The petition must include 9, 2017. The petition must be filed in allows the participant (or its counsel or sufficient information to show that a accordance with the filing instructions representative) to digitally sign genuine dispute exists with the in the ‘‘Electronic Submissions (E- documents and access the E-Submittal applicant on a material issue of law or Filing)’’ section of this document, and server for any proceeding in which it is fact. Contentions shall be limited to should meet the requirements for participating; and (2) advise the matters within the scope of the petitions set forth in this section, except Secretary that the participant will be proceeding. The contention must be one that under 10 CFR 2.309(h)(2) a State, submitting a petition (even in instances which, if proven, would entitle the local governmental body, or Federally- in which the participant, or its counsel petitioner to relief. A petitioner who recognized Indian Tribe, or agency or representative, already holds an NRC- fails to satisfy these requirements with thereof does not need to address the issued digital ID certificate). Based upon respect to at least one contention will standing requirements in 10 CFR this information, the Secretary will not be permitted to participate as a 2.309(d) if the facility is located within establish an electronic docket for the party. its boundaries. A State, local hearing in this proceeding if the Those permitted to intervene become governmental body, Federally- Secretary has not already established an parties to the proceeding, subject to any recognized Indian Tribe, or agency electronic docket. limitations in the order granting leave to thereof may also have the opportunity to Information about applying for a intervene, and have the opportunity to participate under 10 CFR 2.315(c). digital ID certificate is available on the participate fully in the conduct of the If a hearing is granted, any person NRC’s public Web site at http:// hearing with respect to resolution of who does not wish, or is not qualified, www.nrc.gov/site-help/e-submittals/ that person’s admitted contentions to become a party to the proceeding getting-started.html. System consistent with the NRC’s regulations, may, in the discretion of the presiding requirements for accessing the E- policies, and procedures. officer, be permitted to make a limited Submittal server are available on the Petitions for leave to intervene must appearance pursuant to the provisions NRC’s public Web site at http:// be filed no later than 60 days from the of 10 CFR 2.315(a). A person making a www.nrc.gov/site-help/e-submittals/

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adjudicatory-sub.html. Participants may Nuclear Regulatory Commission, Dominion Energy Kewaunee, Inc., attempt to use other software not listed Washington, DC 20555–0001, Attention: Docket No. 50–305, Kewaunee Power on the Web site, but should note that the Rulemaking and Adjudications Staff; or Station (KPS), Carlton, Wisconsin NRC’s E-Filing system does not support (2) courier, express mail, or expedited Date of amendment request: unlisted software, and the NRC delivery service to the Office of the September 14, 2015. A publicly Electronic Filing Help Desk will not be Secretary, Sixteenth Floor, One White available version is in ADAMS under able to offer assistance in using unlisted Flint North, 11555 Rockville Pike, Accession No. ML15261A236. software. Rockville, Maryland 20852, Attention: Description of amendment request: Once a participant has obtained a Rulemaking and Adjudications Staff. The amendment would revise the digital ID certificate and a docket has Participants filing a document in this Operating License and associated been created, the participant can then manner are responsible for serving the Technical Specifications to reflect submit a petition. Submissions should document on all other participants. removal of all KPS spent nuclear fuel be in Portable Document Format (PDF). Filing is considered complete by first- from the spent fuel pool and its transfer Additional guidance on PDF class mail as of the time of deposit in to dry cask storage within an submissions is available on the NRC’s the mail, or by courier, express mail, or Independent Spent Fuel Storage public Web site at http://www.nrc.gov/ expedited delivery service upon Installation. site-help/electronic-sub-ref-mat.html. A depositing the document with the Basis for proposed no significant filing is considered complete at the time provider of the service. A presiding hazards consideration determination: the documents are submitted through officer, having granted an exemption As required by 10 CFR 50.91(a), the the NRC’s E-Filing system. To be timely, request from using E-Filing, may require licensee has provided its analysis of the an electronic filing must be submitted to a participant or party to use E-Filing if issue of no significant hazards the E-Filing system no later than 11:59 the presiding officer subsequently consideration, which is presented p.m. Eastern Time on the due date. determines that the reason for granting below: Upon receipt of a transmission, the E- the exemption from use of E-Filing no Filing system time-stamps the document longer exists. 1. Do the proposed changes involve a and sends the submitter an email notice Documents submitted in adjudicatory significant increase in the probability or confirming receipt of the document. The proceedings will appear in the NRC’s consequences of an accident previously evaluated? E-Filing system also distributes an email electronic hearing docket which is Response: No. notice that provides access to the available to the public at http:// The proposed amendment would modify document to the NRC’s Office of the ehd1.nrc.gov/ehd/, unless excluded the KPS renewed facility operating license General Counsel and any others who pursuant to an order of the Commission, and Technical Specification (TS) by deleting have advised the Office of the Secretary or the presiding officer. Participants are the portions of the license and TS that are no that they wish to participate in the requested not to include personal longer applicable to a facility with no spent proceeding, so that the filer need not privacy information, such as social nuclear fuel stored in the spent fuel pool, serve the documents on those security numbers, home addresses, or while modifying the remaining portions to participants separately. Therefore, home phone numbers in their filings, correspond to all nuclear fuel stored within an Independent Spent Fuel Storage applicants and other participants (or unless an NRC regulation or other law Installation (ISFSI). This amendment their counsel or representative) must requires submission of such becomes effective upon removal of all spent apply for and receive a digital ID information. However, in some nuclear fuel from the KPS spent fuel pool certificate before a hearing petition to instances, a petition will require and its transfer to dry cask storage within an intervene is filed so that they can obtain including information on local ISFSI. access to the document via the E-Filing residence in order to demonstrate a The definition of safety-related structures, system. proximity assertion of interest in the systems, and components (SSCs) in 10 CFR A person filing electronically using proceeding. With respect to copyrighted 50.2 states that safety-related SSCs are those the NRC’s adjudicatory E-Filing system relied on to remain functional during and works, except for limited excerpts that following design basis events to assure: may seek assistance by contacting the serve the purpose of the adjudicatory 1. The integrity of the reactor coolant NRC Electronic Filing Help Desk filings and would constitute a Fair Use boundary; through the ‘‘Contact Us’’ link located application, participants are requested 2. The capability to shutdown the reactor on the NRC’s public Web site at http:// not to include copyrighted materials in and maintain it in a safe shutdown condition; www.nrc.gov/site-help/e- their submission. or submittals.html, by email to The Commission will issue a notice or 3. The capability to prevent or mitigate the [email protected], or by a toll- order granting or denying a hearing consequences of accidents which could free call at 1–866–672–7640. The NRC request or intervention petition, result in potential offsite exposures Electronic Filing Help Desk is available designating the issues for any hearing comparable to the applicable guideline exposures set forth in 10 CFR 50.43(a)(1) or between 9 a.m. and 7 p.m., Eastern that will be held and designating the 100.11. Time, Monday through Friday, Presiding Officer. A notice granting a The first two criteria (integrity of the excluding government holidays. hearing will be published in the Federal reactor coolant pressure boundary and safe Participants who believe that they Register and served on the parties to the shutdown of the reactor) are not applicable have a good cause for not submitting hearing. to a plant in a permanently defueled documents electronically must file an For further details with to respect condition. The third criterion is related to exemption request, in accordance with these license amendment applications, preventing or mitigating the consequences of 10 CFR 2.302(g), with their initial paper see the application for amendment accidents that could result in potential offsite filing stating why there is good cause for which is available for public inspection exposures exceeding limits. However, after not filing electronically and requesting in ADAMS and at the NRC’s PDR. For all nuclear spent fuel assemblies have been transferred to dry cask storage within an authorization to continue to submit additional direction on accessing ISFSI, none of the SSCs at KPS are required documents in paper format. Such filings information related to this document, to be relied on for accident mitigation. must be submitted by: (1) First class see the ‘‘Obtaining Information and Therefore, none of the SSCs at KPS meet the mail addressed to the Office of the Submitting Comments’’ section of this definition of a safety-related SSC stated in 10 Secretary of the Commission, U.S. document. CFR 50.2. The proposed deletion of

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requirements in the TS does not affect applicable postulated accident; and as such, consequences of an accident previously systems credited in any accident analysis at do not contribute to the margin of safety evaluated? KPS. associated with the accident analysis. Response: No. Section 14 of the KPS Updated Safety Therefore, the proposed changes do not The proposed change revises TS Chapter 6, Analysis Report (USAR) described the design involve a significant reduction in a margin of ‘‘Administrative Controls,’’ Section 6.5, basis accidents related to the spent fuel pool. safety. ‘‘Programs’’ by eliminating the ‘‘Inservice These postulated accidents are predicated on The NRC staff has reviewed the Testing Program’’ specification. Most spent fuel being stored in the spent fuel pool. requirements in the IST Program are With the removal of the spent fuel from the licensee’s analysis and, based on this removed, as they are duplicative of spent fuel pool, there are no remaining spent review, it appears that the three requirements in the ASME OM Code fuel assemblies to be monitored and there are standards of 10 CFR 50.92(c) are [American Society of Mechanical Engineers no credible accidents that require the actions satisfied. Therefore, the NRC staff Code for Operation and Maintenance of of a Certified Fuel Handler, Shift Manager, or proposes to determine that the Nuclear Power Plants], as clarified by Code a Non-certified Operator to prevent amendment request involves no Case OMN–20, ‘‘Inservice Test Frequency.’’ occurrence or mitigate the consequences of significant hazards consideration. The remaining requirements in the Section an accident. Attorney for licensee: Lillian M. 6.5.8, IST Program are eliminated [. . .]. A The proposed changes do not have an new defined term, ‘‘Inservice Testing Cuoco, Senior Counsel, Dominion Program,’’ is added to the TS, which adverse impact on the remaining Resource Services, Inc., 120 Tredegar decommissioning activities or any of their references the requirements of 10 CFR postulated consequences. Street, RS–2, Richmond, VA 23219. 50.55a(f). The proposed changes related to the NRC Branch Chief: Bruce A. Watson. Performance of inservice testing is not an relocation of certain administrative initiator to any accident previously Entergy Operations, Inc. (Entergy), evaluated. As a result, the probability of requirements do not affect operating Docket No. 50–382, Waterford Steam procedures or administrative controls that occurrence of an accident is not significantly have the function of preventing or mitigating Electric Station, Unit 3, St. Charles affected by the proposed change. Inservice any accidents applicable to the safe Parish, Louisiana test frequencies under Code Case OMN–20 management of irradiated fuel or Date of amendment request: July 25, are equivalent to the current testing period allowed by the TS with the exception that decommissioning of the facility. 2016. A publicly-available version is in Therefore, the proposed amendment does testing frequencies greater than 2 years may ADAMS under Accession No. be extended by up to 6 months to facilitate not involve a significant increase in the ML16207A532. consequences of a previously evaluated test scheduling and consideration of plant Description of amendment request: operating conditions that may not be suitable accident. for performance of the required testing. The 2. Do the proposed changes create the The amendment would revise the testing frequency extension will not affect the possibility of a new or different kind of Waterford Steam Electric Station, Unit 3 ability of the components to mitigate any accident from any accident previously (Waterford 3), Technical Specifications accident previously evaluated as the evaluated? (TSs) Section 6.5.8, ‘‘Inservice Testing components are required to be operable Response: No. Program,’’ to remove requirements during the testing period extension. The proposed changes eliminate the duplicated in the American Society of Performance of inservice tests utilizing the operational requirements and certain design Mechanical Engineers Code for allowances in OMN–20 will not significantly requirements associated with the storage of Operation and Maintenance of Nuclear affect the reliability of the tested the spent fuel in the spent fuel pool, and Power Plants Case OMN–20, ‘‘Inservice components. As a result, the availability of relocate certain administrative controls to the Test Frequency.’’ A new defined term, the affected components, as well as their Quality Assurance Program Description. ability to mitigate the consequences of After the removal of the spent fuel from the ‘‘Inservice Testing Program,’’ will be added to the TS 1.0, ‘‘Definitions,’’ accidents previously evaluated, is not spent fuel pool and transfer to the ISFSI, affected. there are no spent fuel assemblies that section. The licensee states that the Therefore, the proposed change does not remain in the spent fuel pool. Coupled with proposed change to the TS is consistent involve a significant increase in the a prohibition against storage of fuel in the with Technical Specifications Task probability or consequences of an accident spent fuel pool, the potential for fuel related Force (TSTF) Traveler TSTF–545, previously evaluated. accidents is removed. The proposed changes Revision 3, ‘‘TS Inservice Testing 2. Does the proposed change create the do not introduce any new failure modes. Program Removal & Clarify SR Usage possibility of a new or different kind of Therefore, the proposed amendment does accident from any accident previously not create the possibility of a new or different Rule Application to Section 5.5 Testing’’ (ADAMS Accession No. ML15294A555). evaluated? kind of accident from any previously Response: No. evaluated. However, the Waterford 3 TSs (NUREG– The proposed change does not alter the 3. Do the proposed changes involve a 0973) are of an older standard version design or configuration of the plant. The significant reduction in the margin of safety? and have not been converted to the proposed change does not involve a physical Response: No. Improved Standard Technical alteration of the plant; no new or different The removal of all spent nuclear fuel from Specifications (ISTSs). Therefore, kind of equipment will be installed. The the spent fuel pool into storage in casks Entergy has included in the application proposed change does not alter the types of within an ISFSI, coupled with a prohibition a table of TSs affected by the inservice testing performed. In most cases, against future storage of fuel within the spent amendment, with variations and the frequency of inservice testing is fuel pool, removes the potential for fuel unchanged. However, the frequency of related accidents. differences between the Waterford 3 TSs testing would not result in a new or different The design basis and accident assumptions and the ISTSs listed in TSTF–545 kind of accident from any previously within the KPS USAR and the TS relating to discussed individually. evaluated since the testing methods are not safe management and safety of spent fuel in Basis for proposed no significant altered. the spent fuel pool are no longer applicable. hazards consideration determination: Therefore, the proposed change does not The proposed changes do not affect As required by 10 CFR 50.91(a), the create the possibility of a new or different remaining plant operations, systems, or licensee has provided its analysis of the kind of accident from any previously components supporting decommissioning issue of no significant hazards evaluated. activities. consideration, which is presented below 3. Does the proposed change involve a The requirements for systems, structures, significant reduction in a margin of safety? and components (SSCs) that have been with NRC staff edits in square brackets: Response: No. deleted from the KPS TS are not credited in 1. Does the proposed change involve a The proposed change eliminates some the existing accident analysis for any significant increase in the probability or requirements from the TS in lieu of

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requirements in the ASME Code, as modified As required by 10 CFR 50.91(a), the Therefore, the proposed change does not by use of Code Case OMN–20. Compliance licensee has provided its analysis of the involve a significant reduction in a margin of with the ASME Code is required by 10 CFR issue of no significant hazards safety. 50.55a. The proposed change also allows consideration, which is presented The NRC staff has reviewed the inservice tests with frequencies greater than 2 years to be extended by 6 months to below: licensee’s analysis and, based on this facilitate test scheduling and consideration of 1. Does the proposed change involve a review, it appears that the three plant operating conditions that may not be significant increase in the probability or standards of 10 CFR 50.92(c) are suitable for performance of the required consequences of an accident previously satisfied. Therefore, the NRC staff testing. The testing frequency extension will evaluated? proposes to determine that the not affect the ability of the components to Response: No. amendment request involves no respond to an accident as the components are The proposed change would allow the use TM significant hazards consideration. required to be operable during the testing of Optimized ZIRLO clad nuclear fuel in Attorney for licensee: Tamra Domeyer, the reactors. The NRC approved topical period extension. The proposed change will Associate General Counsel, Exelon eliminate the existing TS Surveillance report WCAP–12610–P–A & CENPD–404–P– Requirement (SR) 4.0.3 (referenced as SR A, Addendum 1–A, ‘‘Optimized ZIRLOTM,’’ Generation Company, LLC, 4300 3.0.3 in the ISTS [improved standard prepared by Westinghouse Electric Company Winfield Road, Warrenville, IL 60555. technical specification]) allowance to defer LLC (Westinghouse), addresses Optimized NRC Branch Chief: Travis L. Tate. performance of missed inservice tests up to ZIRLO and demonstrates that Optimized Exelon Generation Company, LLC, ZIRLOTM has essentially the same properties the duration of the specified testing ® Docket Nos. STN 50–456 and STN 50– frequency, and instead will require an as currently licensed ZIRLO . The fuel cladding itself is not an accident initiator and 457, Braidwood Station, Units 1 and 2, assessment of the missed test on equipment Will County, Illinois operability. This assessment will consider does not affect accident probability. With the approved exemption, use of Optimized Exelon Generation Company, LLC, the effect on a margin of safety (equipment TM operability). Should the component be ZIRLO fuel cladding will continue to meet Docket Nos. STN 50–454 and STN 50– inoperable, the Technical Specifications all 10 CFR 50.46 acceptance criteria and, 455, Byron Station, Unit Nos. 1 and 2, provide actions to ensure that the margin of therefore, will not increase the consequences of an accident. Ogle County, Illinois safety is protected. The proposed change also Therefore, the proposed change does not eliminates a statement that nothing in the Exelon Generation Company, LLC, involve a significant increase in the ASME Code should be construed to Docket Nos. 50–317 and 50–318, Calvert probability or consequences of an accident supersede the requirements of any TS. [. . .] Cliffs Nuclear Power Plant, Unit Nos. 1 previously evaluated. and 2, Calvert County, Maryland However, elimination of the statement will 2. Does the proposed change create the have no effect on plant operation or safety. possibility of a new or different kind of Exelon Generation Company, LLC, Therefore, the proposed change does not accident from any accident previously Docket No. 50–461, Clinton Power involve a significant reduction in a margin of evaluated? Station, Unit No. 1, DeWitt County, safety. Response: No. Illinois The NRC staff has reviewed the Use of Optimized ZIRLOTM clad fuel will licensee’s analysis and, based on this not result in changes in the operation or Exelon Generation Company, LLC, review, it appears that the three configuration of the facility. Topical Report Docket Nos. 50–237 and 50–249, WCAP–12610–P–A & CENPD–404–P–A, standards of 10 CFR 50.92(c) are Dresden Nuclear Power Station, Units 2 Addendum 1–A, demonstrated that the and 3, Grundy County, Illinois satisfied. Therefore, the NRC staff material properties of Optimized ZIRLOTM proposes to determine that the are similar to those of standard ZIRLO®. Exelon Generation Company, LLC, amendment request involves no Therefore, Optimized ZIRLOTM fuel rod Docket Nos. 50–373 and 50–374, LaSalle significant hazards consideration. cladding will perform similarly to those ® County Station, Units 1 and 2, LaSalle Attorney for licensee: William B. fabricated from standard ZIRLO , thus County, Illinois Glew, Jr., Associate General Counsel— precluding the possibility of the fuel Entergy Services, Inc., 440 Hamilton cladding becoming an accident initiator and Exelon Generation Company, LLC, Avenue, White Plains, NY 10601. causing a new or different type of accident. Docket Nos. 50–220 and 50–410, Nine Therefore, the proposed change does not NRC Acting Branch Chief: Stephen S. Mile Point Nuclear Station, Units 1 and create the possibility of a new or different 2, Oswego County, New York Koenick. kind of accident from any previously Exelon Generation Company, LLC, evaluated. Exelon Generation Company, LLC, and Docket No. 50–244, R.E. Ginna Nuclear 3. Does the proposed change involve a PSEG Nuclear LLC, Docket Nos. 50–277 significant reduction in a margin of safety? Power Plant, Wayne County, New York and 50–278, Peach Bottom Atomic Response: No. Power Station, Units 2 and 3, York and Date of amendment request: August The proposed change will not involve a Lancaster Counties, Pennsylvania 22, 2016. A publicly available version is significant reduction in the margin of safety. in ADAMS under Accession No. Topical Report WCAP–12610–P–A & Exelon Generation Company, LLC, ML16236A300. CENPD–404–P–A, Addendum 1–A, Docket Nos. 50–254 and 50–265, Quad Description of amendment request: demonstrated that the material properties of Cities Nuclear Power Station, Units 1 the Optimized ZIRLOTM are not significantly and 2, Rock Island County, Illinois The amendment would (1) revise different from those of standard ZIRLO®. Technical Specification (TS) 4.2.1, Optimized ZIRLOTM is expected to perform Exelon Generation Company, LLC, ‘‘Reactor Core, Fuel Assemblies,’’ to add similarly to standard ZIRLO® for all normal Docket No. 50–244, R.E. Ginna Nuclear Optimized ZIRLOTM as an approved operating and accident scenarios, including Power Plant, Wayne County, New York fuel rod cladding material, (2) revise TS both loss of coolant accident (LOCA) and 5.6.5.b to add the Westinghouse topical non-LOCA scenarios. For LOCA scenarios, Exelon Generation Company, LLC, reports for Optimized ZIRLOTM and where the slight difference is Optimized Docket No. 50–289, Three Mile Island TM ZIRLO®, and (3) revise TS 5.6.5.b with ZIRLO material properties relative to Nuclear Station, Unit 1, Dauphin standard ZIRLO® could have some impact on County, Pennsylvania a non-technical change to the Reference the overall accident scenario, plant-specific 11 title (replace a semicolon with a LOCA analyses using Optimized ZIRLOTM Date of amendment request: July 26, period). properties will demonstrate that the 2016, as supplemented by letter dated Basis for proposed no significant acceptance criteria of 10 CFR 50.46 have October 6, 2016. Publicly-available hazards consideration determination: been satisfied. versions are in ADAMS under

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Accession Nos. ML16209A218 and components to mitigate any accident proposes to determine that the ML16280A402, respectively. previously evaluated, as the components are amendment request involves no Description of amendment request: required to be operable. If components significant hazards consideration. The amendments would revise the required by the TSs are found to be Attorney for licensee: Tamra Domeyer, inoperable, the TSs specify the actions Inservice Testing Program requirements required to ensure safe operation of the Associate General Counsel, Exelon in each plant’s technical specifications facility, and these actions are not altered by Generation Company, LLC, 4300 (TSs). For each plant, the changes the proposed change. Performance of Winfield Road, Warrenville, IL 60555. include deleting the current TS for the inservice tests in accordance with the ASME NRC Acting Branch Chief: G. Edward Inservice Testing Program, adding a new OM Code, as modified by NRC-approved Miller. alternatives or reliefs, will not significantly defined term, ‘‘INSERVICE TESTING Nebraska Public Power District, Docket PROGAM,’’ to the TSs, and revising affect the reliability of the tested components. As a result, the availability of No. 50–298, Cooper Nuclear Station other TSs to reference this new defined the affected components, as well as their (CNS), Nemaha County, Nebraska term instead of the deleted TS. The ability to mitigate the consequences of Date of amendment request: August licensee stated that the proposed accidents previously evaluated, is not changes are based on Technical significantly affected. 26, 2016. A publicly-available version is Specifications Task Force (TSTF) Therefore, the proposed change does not in ADAMS under Accession No. Traveler TSTF–545, Revision 3, ‘‘TS involve a significant increase in the ML16245A288. Inservice Testing Program Removal & probability or consequences of an accident Description of amendment request: Clarify SR Usage Rule Application to previously evaluated. The amendment would revise the CNS Section 5.5 Testing’’ (ADAMS 2. Does the proposed amendment create Technical Specifications (TSs) to the possibility of a new or different kind of eliminate Section 5.5.6, ‘‘Inservice Accession No. ML15294A555), with accident from any accident previously some variations. Testing [IST] Program,’’ to remove evaluated? requirements duplicated in the Basis for proposed no significant Response: No. hazards consideration determination: The proposed change does not alter the American Society of Mechanical As required by 10 CFR 50.91(a), the design or configuration of the plant. The Engineers Code for Operation and licensee has provided its analysis of the proposed change does not involve a physical Maintenance of Nuclear Power Plants issue of no significant hazards alteration of the plant; no new or different (ASME OM Code) Case OMN–20, consideration. The NRC staff has kind of equipment will be installed. The ‘‘Inservice Test Frequency.’’ A new proposed change does not alter the types of defined term, ‘‘Inservice Testing reviewed the licensee’s analysis against inservice testing performed. Changes to the the standards of 10 CFR 50.92(c). The Program,’’ will be added to TS Section frequency of testing would not result in a 1.1, ‘‘Definitions.’’ The licensee stated NRC staff’s analysis is presented below: new or different kind of accident from any that the proposed change to the TSs is 1. Does the proposed amendment involve previously evaluated since the testing methods are not altered. Therefore, the consistent with Technical Specifications a significant increase in the probability or Task Force (TSTF) Traveler TSTF–545, consequences of an accident previously proposed change does not create the evaluated? possibility of a new or different kind of Revision 3, ‘‘TS Inservice Testing Response: No. accident from any previously evaluated. Program Removal & Clarify SR Usage The proposed change revises TS Chapter 5, 3. Does the proposed amendment involve Rule Application to Section 5.5 Testing’’ ‘‘Administrative Controls,’’ Section 5.5, a significant reduction in a margin of safety? (ADAMS Accession No. ML15294A555), ‘‘Programs and Manuals,’’ or equivalent, by Response: No. with no proposed technical variations or deleting the ‘‘lnservice Testing Program’’ The proposed change eliminates some requirements from the TSs in lieu of deviations. However, in some cases, the specification. A new defined term, CNS TSs use different section titles or ‘‘INSERVICE TESTING PROGRAM,’’ is added requirements in the ASME OM Code, as modified by NRC-approved alternatives or numbering for surveillance to the TS, which references the requirements requirements than the Standard of 10 CFR 50.55a(f), ‘‘Inservice testing reliefs. Compliance with the ASME OM Code requirements.’’ The regulations in 10 CFR is required by 10 CFR 50.55a. Changes to the Technical Specifications on which required test frequency will not affect the 50.55a(f) require that specified pumps and TSTF–545 was based, so the licensee ability of the components to respond to an valves meet the inservice test requirements in changed the TSTF–545 numbering to be accident, as the components are required to the American Society of Mechanical consistent with the CNS TS numbering. be operable. The proposed change also Engineers (ASME) Code for Operation and Basis for proposed no significant eliminates a provision which allowed, under Maintenance of Nuclear Power Plants (ASME certain circumstances, the licensee to delay hazards consideration determination: OM Code) and addenda. Most requirements declaring equipment inoperable due to a As required by 10 CFR 50.91(a), the currently in the TS lnservice Testing Program missed surveillance. This change will not licensee has provided its analysis of the are duplicative of requirements in the ASME have a significant effect on plant operation or issue of no significant hazards OM Code and addenda, as modified by NRC- safety, as the licensee will still be required consideration, which is presented below approved alternatives or reliefs. The by TSs to assess component operability. If proposed change primarily affects the with NRC staff edits in [square components required by the TSs are found to brackets]: required frequency for performing ASME OM be inoperable, the TSs specify the actions Code required tests for pumps and valves required to ensure safe operation of the 1. Does the proposed change involve a which are covered by the Inservice Testing facility, and these actions are not altered by significant increase in the probability or Program. The proposed change would allow the proposed change. The proposed change consequences of an accident previously a longer interval between some tests and also eliminates a statement that nothing in evaluated? require a shorter interval between other tests; the ASME OM Code should be construed to Response: No. the effect of the change to specific test supersede the requirements of any TS. The proposed change revises TS Chapter 5, intervals depends on the plant-specific Elimination of the statement will not have a ‘‘Administrative Controls,’’ Section 5.5, licensing basis. significant effect on plant operation or safety. ‘‘Programs and Manuals,’’ by eliminating the Performance of inservice testing is not an Therefore, the proposed change does not ‘‘Inservice Testing Program’’ specification. initiator to any accident previously involve a significant reduction in a margin of Most requirements in the Inservice Testing evaluated. As a result, the probability of safety. Program are removed, as they are duplicative occurrence of an accident is not significantly of requirements in the ASME OM Code, as affected by the proposed change. Changing Based on this review, it appears that clarified by Code Case OMN–20, ‘‘Inservice the required test frequency of pumps and the three standards of 10 CFR 50.92(c) Test Frequency.’’ The remaining valves will not affect the ability of the are satisfied. Therefore, the NRC staff requirements in the Section 5.5 IST Program

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are eliminated [. . .]. A new defined term, to defer performance of missed inservice tests to mitigate the consequences of any accident ‘‘Inservice Testing Program,’’ is added to the up to the duration of the specified testing or event that will be credible in the TS, which references the requirements of 10 frequency, and instead will require an permanently defueled condition. The CFR 50.55a(f). assessment of the missed test on equipment proposed changes only remove positions that Performance of inservice testing is not an operability. This assessment will consider will no longer be credited in the FCS RERP. initiator to any accident previously the effect on a margin of safety (equipment Therefore, the proposed amendment does evaluated. As a result, the probability of operability). Should the component be not involve a significant increase in the occurrence of an accident is not significantly inoperable, the Technical Specifications probability or consequences of an accident affected by the proposed change. Inservice provide actions to ensure that the margin of previously evaluated. test frequencies under Code Case OMN–20 safety is protected. The proposed change also 2. Does the proposed amendment create are equivalent to the current testing period eliminates a statement that nothing in the the possibility of a new or different kind of allowed by the TS with the exception that ASME Code should be construed to accident from any accident previously testing frequencies greater than 2 years may supersede the requirements of any TS. [. . .] evaluated? be extended by up to 6 months to facilitate However, elimination of the statement will Response: No. test scheduling and consideration of plant have no effect on plant operation or safety. The proposed changes reduce the number operating conditions that may not be suitable Therefore, the proposed change does not of on-shift and ERO positions commensurate for performance of the required testing. The involve a significant reduction in a margin of with the hazards associated with a testing frequency extension will not affect the safety. permanently shut down and defueled ability of the components to mitigate any facility. The proposed changes do not involve accident previously evaluated as the The NRC staff has reviewed the installation of new equipment or components are required to be operable licensee’s analysis and, based on this modification of existing equipment, so that during the testing period extension. review, it appears that the three no new equipment failure modes are Performance of inservice tests utilizing the standards of 10 CFR 50.92(c) are introduced. Also, the proposed changes do allowances in OMN–20 will not significantly satisfied. Therefore, the NRC staff not result in a change to the way that the affect the reliability of the tested proposes to determine that the equipment or facility is operated so that no components. As a result, the availability of amendment request involves no new accident initiators are created. the affected components, as well as their Therefore, the proposed amendment does significant hazards consideration. not create the possibility of a new or different ability to mitigate the consequences of Attorney for licensee: Mr. John C. accidents previously evaluated, is not kind of accident from any previously affected. McClure, Nebraska Public Power evaluated. Therefore, the proposed change does not District, Post Office Box 499, Columbus, 3. Does the proposed amendment involve involve a significant increase in the NE 68602–0499. a significant reduction in a margin of safety? probability or consequences of an accident NRC Acting Branch Chief: Stephen S. Response: No. previously evaluated. Koenick. Margin of safety is associated with 2. Does the proposed change create the confidence in the ability of the fission possibility of a new or different kind of Omaha Public Power District, Docket product barriers (i.e., fuel cladding, reactor accident from any accident previously No. 50–285, Fort Calhoun Station, Unit coolant system pressure boundary, and evaluated? No. 1 (FCS), Washington County, containment structure) to limit the level of Response: No. Nebraska radiation dose to the public. The proposed changes are associated with the FCS RERP The proposed change does not alter the Date of amendment request: design or configuration of the plant. The staffing and do not impact operation of the proposed change does not involve a physical September 2, 2016. A publicly-available plant or its response to transients or alteration of the plant; no new or different version is in ADAMS under Accession accidents. The change does not affect the kind of equipment will be installed. The No. ML16246A321. Technical Specifications. The proposed proposed change does not alter the types of Description of amendment request: changes do not involve a change in the inservice testing performed. In most cases, The amendment would revise the method of plant operation, and no accident the frequency of inservice testing is Nuclear Radiological Emergency analyses will be affected by the proposed unchanged. However, the frequency of Response Plan (RERP) for FCS for the changes. Safety analysis acceptance criteria testing would not result in a new or different plant condition following permanent are not affected by the proposed changes. The kind of accident from any previously cessation of power operations and revised FCS RRP will continue to provide the necessary response staff with the proposed evaluated since the testing methods are not defueling. The proposed FCS RERP altered. changes. Therefore, the proposed change does not changes would revise the shift staffing Therefore, the proposed amendment does create the possibility of a new or different and Emergency Response Organization not involve a significant reduction in a kind of accident from any previously (ERO) staffing. margin of safety. evaluated. Basis for proposed no significant The NRC staff has reviewed the 3. Does the proposed change involve a hazards consideration determination: licensee’s analysis and, based on this significant reduction in a margin of safety? As required by 10 CFR 50.91(a), the review, it appears that the three Response: No. licensee has provided its analysis of the The proposed change eliminates some standards of 10 CFR 50.92(c) are issue of no significant hazards satisfied. Therefore, the NRC staff requirements from the TS in lieu of consideration, which is presented requirements in the ASME Code, as modified proposes to determine that the below: by use of Code Case OMN–20. Compliance amendment request involves no with the ASME Code is required by 10 CFR 1. Does the proposed amendment involve significant hazards consideration. 50.55a. The proposed change also allows a significant increase in the probability or Attorney for licensee: David A. Repka, inservice tests with frequencies greater than consequences of an accident previously Esq., Winston & Strawn, 1700 K Street 2 years to be extended by 6 months to evaluated? NW., Washington, DC 20006–3817. facilitate test scheduling and consideration of Response: No. NRC Acting Branch Chief: Stephen S. plant operating conditions that may not be The proposed changes to the FCS RERP do suitable for performance of the required not impact the function of plant structures, Koenick. testing. The testing frequency extension will systems, or components (SSCs). The Omaha Public Power District, Docket not affect the ability of the components to proposed changes do not affect accident No. 50–285, Fort Calhoun Station, Unit respond to an accident as the components are initiators or precursors, nor does it alter No. 1, Washington County, Nebraska required to be operable during the testing design assumptions. The proposed changes period extension. The proposed change will do not prevent the ability of the on-shift staff Date of amendment request: eliminate the existing TS SR 3.0.3 allowance and ERO to perform their intended functions September 28, 2016. A publicly-

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available version is in ADAMS under Therefore, the proposed changes do not specification. Most requirements in the Accession No. ML16273A502. involve a significant reduction in a margin of Inservice Testing Program are removed, as Description of amendment request: safety. they are duplicative of requirements in the ASME OM Code, as clarified by Code Case The amendment would modify the The NRC staff has reviewed the Technical Specifications to make OMN–20, ‘‘Inservice Test Frequency.’’ The licensee’s analysis and, based on this remaining requirements in the Section 6.8 administrative changes to align staffing review, it appears that the three IST [Inservice Testing] Program are for decommissioning Fort Calhoun standards of 10 CFR 50.92(c) are eliminated [. . .]. A new defined term, Station, Unit No. 1. satisfied. Therefore, the NRC staff ‘‘Inservice Testing Program,’’ is added to the Basis for proposed no significant proposes to determine that the TS, which references the requirements of 10 hazards consideration determination: amendment request involves no CFR 50.55a(f). As required by 10 CFR 50.91(a), the significant hazards consideration. Performance of inservice testing is not an licensee has provided its analysis of the Attorney for licensee: David A. Repka, initiator to any accident previously issue of no significant hazards evaluated. As a result, the probability of Esq., Winston & Strawn, 1700 K Street occurrence of an accident is not significantly consideration, which is presented NW., Washington, DC 20006–3817. affected by the proposed change. Inservice below: NRC Acting Branch Chief: Stephen S. test frequencies under Code Case OMN–20 1. Does the proposed amendment involve Koenick. are equivalent to the current testing period allowed by the TS with the exception that a significant increase in the probability or PSEG Nuclear LLC, Docket Nos. 50–272 consequences of an accident previously testing frequencies greater than 2 years may evaluated? and 50–311, Salem Generating Station, be extended by up to 6 months to facilitate Response: No. Unit Nos. 1 and 2, Salem County, New test scheduling and consideration of plant The proposed changes only impact Jersey operating conditions that may not be suitable administrative requirements associated with Date of amendment request: August for performance of the required testing. The testing frequency extension will not affect the staff qualification, staff titles, personnel 30, 2016. A publicly-available version is staffing levels, and clarification of systems ability of the components to mitigate any used during decommissioning. The proposed in ADAMS under Accession No. accident previously evaluated as the changes do not involve a significant increase ML16243A233. components are required to be operable in the probability or consequences of an Description of amendment request: during the testing period extension. accident previously evaluated because: (1) The amendments would revise the Performance of inservice tests utilizing the The proposed amendment does not represent Salem Generating Station, Unit Nos. 1 allowances in OMN–20 will not significantly a change to any system design, (2) the and 2 (Salem), Technical Specifications affect the reliability of the tested proposed amendment does not alter, degrade, (TSs), Section 6.8.4.j, ‘‘Inservice Testing components. As a result, the availability of or prevent action described or assumed in Program,’’ to remove requirements the affected components, as well as their any accident in the USAR [updated safety duplicated in the American Society of ability to mitigate the consequences of analysis report] from being performed, (3) the accidents previously evaluated, is not proposed amendment does not alter any Mechanical Engineers (ASME) Code for affected. assumptions previously made in evaluating Operation and Maintenance of Nuclear Therefore, the proposed change does not radiological consequences, and [(4)] the Power Plants (OM Code) Case OMN–20, involve a significant increase in the proposed amendment does not affect the ‘‘Inservice Test Frequency.’’ A new probability or consequences of an accident integrity of any fission product barrier. No defined term, ‘‘Inservice Testing previously evaluated. safety related equipment is affected by the Program,’’ will be added to the TS 1.0, 2. Does the proposed change create the proposed change. ‘‘Definitions,’’ section. The licensee possibility of a new or different kind of Therefore, the proposed changes do not stated that the proposed change to the accident from any accident previously involve a significant increase in the TS is consistent with Technical evaluated? probability or consequences of an accident Response: No. previously evaluated. Specifications Task Force (TSTF) The proposed change does not alter the 2. Does the proposed amendment create Traveler TSTF–545, Revision 3, ‘‘TS design or configuration of the plant. The the possibility of a new or different kind of Inservice Testing Program Removal & proposed change does not involve a physical accident from any accident previously Clarify SR Usage Rule Application to alteration of the plant; no new or different evaluated? Section 5.5 Testing’’ (ADAMS kind of equipment will be installed. The Response: No. Accession No. ML15294A555). proposed change does not alter the types of The proposed changes do not alter the However, the Salem TSs use different inservice testing performed. In most cases, physical design, safety limits, or safety numbering than the Standard Technical the frequency of inservice testing is analysis assumptions associated with the Specifications on which TSTF–545 was unchanged. However, the frequency of operation of the plant. Hence, the proposed testing would not result in a new or different changes do not introduce any new accident based, so the licensee changed the kind of accident from any previously initiators, nor do these changes reduce or TSTF–545 numbering to be consistent evaluated since the testing methods are not adversely affect the capabilities of any plant with the Salem TS numbering. altered. structure or system in the performance of Basis for proposed no significant Therefore, the proposed change does not their safety function. hazards consideration determination: create the possibility of a new or different Therefore, the proposed changes do not As required by 10 CFR 50.91(a), the kind of accident from any previously create the possibility of a new or different licensee has provided its analysis of the evaluated. kind of accident from any previously issue of no significant hazards 3. Does the proposed change involve a evaluated. consideration, which is presented below significant reduction in a margin of safety? 3. Does the proposed amendment involve Response: No. a significant reduction in a margin of safety? with NRC staff edits in square brackets: The proposed change eliminates some Response: No. 1. Does the proposed change involve a requirements from the TS in lieu of The proposed changes do not alter the significant increase in the probability or requirements in the ASME Code, as modified manner in which safety limits or limiting consequences of an accident previously by use of Code Case OMN–20. Compliance safety system settings are determined. The evaluated? with the ASME Code is required by 10 CFR safety analysis acceptance criteria are not Response: No. 50.55a. The proposed change also allows affected by these proposed changes. Further, The proposed change revises TS Chapter 6, inservice tests with frequencies greater than the proposed changes do not change the ‘‘Administrative Controls,’’ Section 6.8, 2 years to be extended by 6 months to design function of any equipment assumed to ‘‘Procedures and Programs,’’ by eliminating facilitate test scheduling and consideration of operate in the event of an accident. the ‘‘Inservice Testing Program’’ plant operating conditions that may not be

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suitable for performance of the required field control relays and the rod drive Therefore, the proposed amendment does testing. The testing frequency extension will power supply control cabinets in which not involve a significant increase in the not affect the ability of the components to the relays are located. probability or consequences of an accident respond to an accident as the components are Basis for proposed no significant previously evaluated. required to be operable during the testing hazards consideration determination: 2. Does the proposed amendment create period extension. The proposed change will the possibility of a new or different kind of eliminate the existing TS 4.0.3 allowance to As required by 10 CFR 50.91(a), the accident from any accident previously defer performance of missed inservice tests licensee has provided its analysis of the evaluated? up to the duration of the specified testing issue of no significant hazards Response: No. frequency, and instead will require an consideration, which is presented The proposed changes to the design of the assessment of the missed test on equipment below: IRWST vent and overflow weir covers do not operability. This assessment will consider adversely affect any safety-related 1. Does the proposed amendment involve the effect on a margin of safety (equipment equipment, and do not add any new a significant increase in the probability or operability). Should the component be interfaces to safety-related SSCs. No system consequences of an accident previously inoperable, the TS provide actions to ensure or design function or equipment qualification that the margin of safety is protected. The evaluated? Response: No. is affected by these changes. The changes do proposed change also eliminates a statement not introduce a new failure mode, that nothing in the ASME Code should be The in-containment refueling water storage tank (IRWST) provides flooding of the malfunction or sequence of events that could construed to supersede the requirements of affect plant safety or safety-related equipment any TS. [. . .] However, elimination of the refueling cavity for normal refueling. The tank also serves as a heat sink during Passive as the simplistic design of the cover louvers statement will have no effect on plant and hinged flappers are not considered operation or safety. Residual Heat Removal (PRHR) Heat Exchanger (HX) operation and in the event of unique designs. No new credible failure Therefore, the proposed change does not modes are introduced by the addition of the involve a significant reduction in a margin of a loss-of-coolant-accident (LOCA) provides injection in support of long-term RCS covers. safety. cooling. This activity adds normally closed The proposed changes to the description The NRC staff has reviewed the covers to the IRWST vents and overflow and equipment tag associated with the risk- licensee’s analysis and, based on this weirs to prevent debris from entering the significant control relays for the rod drive review, it appears that the three tank, prevent over-pressurization and MG sets do not adversely affect any safety- accommodate volume and mass increases in related equipment, and do not add any new standards of 10 CFR 50.92(c) are interfaces to safety-related SSCs. No system satisfied. Therefore, the NRC staff the tank. The vent and overflow weir covers open upon differential pressures between the or design function or equipment qualification proposes to determine that the IRWST and containment. is affected by these changes. The changes do amendment request involves no The rod drive MG sets provide the power not introduce a new failure mode, significant hazards consideration. to the control rod drive mechanisms through malfunction or sequence of events that could Attorney for licensee: Jeffrie J. Keenan, the reactor trip switchgear. This activity affect plant safety or safety-related equipment PSEG Nuclear LLC–N21, P.O. Box 236, revises the equipment description and because the design function of the control Hancocks Bridge, NJ 08038. equipment tag associated with the risk- relays, control cabinets, or rod drive MG sets NRC Branch Chief: Douglas A. significant control relays which open to de- is not changed. Broaddus. energize the rod drive MG sets and permit Therefore, the proposed amendment does rods to drop. not create the possibility of a new or different South Carolina Electric & Gas Company The proposed changes to add the IRWST kind of accident from any accident and South Carolina Public Service vent and overflow weir covers and to change previously evaluated. Authority, Docket Nos. 52–027 and 52– the description of the equipment and 3. Does the proposed amendment involve 028, Virgil C. Summer Nuclear Station, equipment tag related to the rod drive MG a significant reduction in a margin of safety? Response: No. Units 2 and 3, Fairfield, South Carolina sets does not inhibit the SSCs from performing their safety-related function. The The proposed changes maintain Date of amendment request: design bases of the IRWST vents and compliance with the applicable Codes and September 22, 2016. A publicly- overflow weirs are not modified as a result Standards, thereby maintaining the margin of available version is in ADAMS under of the addition of the covers to the vents and safety associated with these SSCs. The Accession No. ML16270A582. overflow weirs and the change to the control proposed changes do not alter any applicable Description of amendment request: cabinet relay description and equipment tag. design codes, code compliance, design The changes would amend Combined This proposed amendment does not have an function, or safety analysis. Consequently, no adverse impact on the response to safety analysis or design basis acceptance License Nos. NPF–93 and NPF–94 for anticipated transients or postulated accident limit/criterion is challenged or exceeded by the Virgil C. Summer Nuclear Station, conditions because the functions of the SSCs the proposed change, thus the margin of Units 2 and 3, respectively. The are not changed. Required IRWST venting is safety is not reduced. Because no safety amendments propose changes to the not affected for any accident conditions. analysis or design basis acceptance limit/ Updated Final Safety Analysis Report Required DAS functions are not affected for criterion is challenged or exceeded by these (UFSAR) in the form of departures from any accident conditions. Safety-related changes, no margin of safety is reduced. the incorporated plant-specific Design structure, system, component (SSC) or Therefore, the proposed change does not Control Document Tier 2 information function is not adversely affected by this involve a significant reduction in a margin of change. The changes to include the IRWST safety. and involve related changes to the covers and to change the control cabinet Combined Operating License Appendix relay description and tag number do not The NRC staff has reviewed the C (and corresponding plant-specific involve an interface with any SSC accident licensee’s analysis and, based on this design control document Tier 1) initiator or initiating sequence of events, and review, it appears that the three information. Specifically, the proposed thus, the probabilities of the accidents standards of 10 CFR 50.92(c) are departures consist of changes to the evaluated in the UFSAR are not affected. The satisfied. Therefore, the NRC staff design reliability assurance program (D– proposed changes do not involve a change to proposes to determine that the RAP) to identify the covers for the in- the predicted radiological releases due to amendment request involves no postulated accident conditions, thus, the containment refueling water storage consequences of the accidents evaluated in significant hazards consideration. tank vents and overflow weirs as the the UFSAR are not affected. Probabilistic Attorney for licensee: Kathryn M. risk-significant components included in Risk Assessment (PRA) modeling and Sutton, Morgan, Lewis & Bockius, LLC, the D–RAP and to differentiate between analyses associated with the SSCs are not 1111 Pennsylvania Avenue NW., the rod drive motor-generator (MG) sets impacted by this change. Washington, DC 20004–2514.

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NRC Branch Chief: Michael T. Response: No. Florida Power & Light Company, Docket Markley. The proposed changes do not introduce Nos. 50–250 and 50–251, Turkey Point any new accident causal mechanisms, Nuclear Generating Unit Nos. 3 and 4, Tennessee Valley Authority, Docket because no physical changes are being made Miami-Dade County, Florida Nos. 50–390 and 50–391, Watts Bar to the plant, nor do they affect any plant Nuclear Plant (WBN), Units 1 and 2, systems that are potential accident initiators. Date of amendment request: August 3, Rhea County, Tennessee Therefore, the proposed change does not 2016, as supplemented by letter dated create the possibility of a new or different Date of amendment request: October 4, 2016. Publicly available kind of accident from any accident versions are in ADAMS under September 23, 2016. A publicly- previously evaluated. Accession Nos. ML16230A003 and available version is in ADAMS under 3. Does the proposed amendment involve Accession No. ML16271A378. a significant reduction in a margin of safety? ML16291A495, respectively. Description of amendment request: Response: No. Description of amendment request: The amendments would revise the The margin of safety associated with the The amendments would revise the completion date for License Condition acceptance criteria of any accident is Technical Specification (TS) unchanged. The proposed changes will have requirements for the Control Room 2.C(9)b for Unit 1, and License no effect on the availability, operability, or Condition 2.C(3) for Unit 2, regarding Emergency Ventilation System (CREVS). performance of safety-related systems and The licensee proposed the changes to the date for completion of permanent components. align the CREVS TSs more closely with modifications to the Fort Loudoun Dam The proposed change will not adversely to prevent overtopping due to the affect the operation of plant equipment or the the applicable Standard Technical probable maximum flood. The change is function of equipment assumed in the Specifications. Consequently, the needed to accommodate the current accident analysis. requirements to immediately suspend The proposed amendment does not involve Tennessee Department of irradiated fuel movement would be changes to any safety analyses assumptions, relocated, in most cases, to coincide Transportation schedule for completion safety limits, or limiting safety system of highway construction that will with the commencement of unit settings. The changes do not adversely affect shutdown in the event the allowable facilitate access to complete the plant-operating margins or the reliability of outage time (AOT) cannot be met for an modifications to the Fort Loudoun Dam. equipment credited in the safety analyses. Basis for proposed no significant Therefore, the proposed change does not inoperable CREVS component or control hazards consideration determination: involve a significant reduction in a margin of room envelope (CRE) boundary. The As required by 10 CFR 50.91(a), the safety. proposed amendments would also licensee has provided its analysis of the The NRC staff has reviewed the eliminate the TS Limiting Condition for issue of no significant hazards licensee’s analysis and, based on this Operation Actions and Surveillance consideration, which is presented review, it appears that the three Requirements associated with the below: standards of 10 CFR 50.92(c) are CREVS kitchen and lavatory ventilation satisfied. Therefore, the NRC staff exhaust duct isolation dampers. 1. Does the proposed amendment involve Basis for proposed no significant proposes to determine that the a significant increase in the probability or hazards consideration determination: consequences of an accident previously amendment request involves no As required by 10 CFR 50.91(a), the evaluated? significant hazards consideration. Response: No. Attorney for licensee: Sherry A. Quirk, licensee has provided its analysis of the The proposed changes to revise the Executive Vice President and General issue of no significant hazards completion date for License Condition Counsel, Tennessee Valley Authority, consideration, which is presented 2.C(9)b for WBN Unit 1 and License below: Condition 2.C(3) for WBN Unit 2 regarding 400 West Summit Hill Drive, 6A Tower the completion of permanent modifications West, Knoxville, TN 37902. 1. Does the proposed amendment involve to the Fort Loudoun Dam from February 1, NRC Acting Branch Chief: Jeanne A. a significant increase in the probability or 2017, to June 30, 2018, do not affect the Dion. consequences of an accident previously structures, systems, or components (SSCs) of evaluated? the plant, affect plant operations, or any II. Previously Published Notices of Response: No. design function or an analysis that verifies Consideration of Issuance of Relocating the requirement to immediately the capability of an SSC to perform a design Amendments to Facility Operating suspend irradiated fuel movement from the function. No change is being made to any of Licenses and Combined Licenses, determination of inoperability to the the previously evaluated accidents in the Proposed No Significant Hazards expiration of the AOT is consistent with the WBN Updated Final Safety Analysis Report Westinghouse Standard Technical Consideration Determination, and Specifications (STS) for an inoperable CREVS (UFSAR). Opportunity for a Hearing The proposed changes do not (1) require train and thereby establishes a commensurate physical changes to plant SSCs; (2) prevent The following notices were previously level of safety. This change does not impact the safety function of any safety-related published as separate individual the functioning of the fuel handling system system, structure, or component during a notices. The notice content was the and so does not significantly increase the design basis event; (3) alter, degrade, or probability of a fuel handling accident. The same as above. They were published as removal of the kitchen and lavatory area prevent action described or assumed in any individual notices either because time accident described in the WBN UFSAR from exhaust damper requirements aligns the being performed because the safety-related did not allow the Commission to wait licensing basis with the current design and SSCs are not modified; (4) alter any for this biweekly notice or because the enhances the reliability of the CRE. The assumptions previously made in evaluating action involved exigent circumstances. CREVS is not an initiator of an accident. radiological consequences; or (5) affect the They are repeated here because the Hence, neither of the proposed changes integrity of any fission product barrier. biweekly notice lists all amendments increase the probability of an accident Therefore, the proposed change does not issued or proposed to be issued previously evaluated. The proposed changes do not impair the involve a significant increase in the involving no significant hazards probability or consequence of an accident CREVS’ capability to provide a protected previously evaluated. consideration. environment from which operators can 2. Does the proposed amendment create For details, see the individual notice control the Units for all postulated events in the possibility of a new or different kind of in the Federal Register on the day and the presence of a single failure. For an accident from any accident previously page cited. This notice does not extend inoperable CRE boundary in any plant evaluated? the notice period of the original notice. MODE, the suspension of fuel movement for

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the first 24 hours, during which the III. Notice of Issuance of Amendments Facility Operating License No. DPR– effectiveness of the mitigating actions are to Facility Operating Licenses and 72: The amendment revised the facility verified, ensures no increase in the Combined Licenses operating license. consequences of a fuel handling accident. Date of initial notice in Federal The proposed change aligns the licensing During the period since publication of Register: August 16, 2016 (81 FR bases for the kitchen and lavatory ventilation the last biweekly notice, the 54614). exhaust pathways with a more reliable Commission has issued the following The Commission’s related evaluation physical barrier design. amendments. The Commission has of the amendment is contained in a Therefore, the proposed change does not determined for each of these Safety Evaluation dated October 12, involve a significant increase in the amendments that the application 2016. probability or consequences of an accident complies with the standards and No significant hazards consideration previously evaluated. requirements of the Atomic Energy Act comments received: No. 2. Does the proposed amendment create of 1954, as amended (the Act), and the the possibility of a new or different kind of Commission’s rules and regulations. Duke Energy Progress, LLC, Docket No. accident from any accident previously The Commission has made appropriate 50–261, H. B. Robinson Steam Electric evaluated? findings as required by the Act and the Plant, Unit No. 2, Hartsville, South Response: No. Commission’s rules and regulations in Carolina Relocating the requirement to immediately 10 CFR chapter I, which are set forth in Date of amendment request: suspend irradiated fuel movement until the license amendment. November 19, 2015, as supplemented by expiration of the AOT is consistent with the A notice of consideration of issuance letter dated August 18, 2016. Westinghouse STS and hence does not of amendment to facility operating Brief description of amendment: The introduce a new type of accident than license or combined license, as amendment revised the technical previously evaluated or change the methods applicable, proposed no significant specifications (TSs) to allow the governing normal plant operation. Aligning extension of the Type A containment the Control Room kitchen and lavatory hazards consideration determination, and opportunity for a hearing in test interval to 15 years and the ventilation exhaust pathway licensing bases extension of the Type B and Type C test with their current design does not introduce connection with these actions, was published in the Federal Register as intervals for selected components to 120 new failure modes for existing equipment or months and 75 months, respectively. result in any new limiting single failure indicated. Unless otherwise indicated, the The amendment also deleted from the modes. The proposed changes do not TSs an already implemented one-time challenge the performance or integrity of any Commission has determined that these extension of the Type A test frequency. safety-related system. amendments satisfy the criteria for Date of issuance: October 11, 2016. Therefore, the proposed change does not categorical exclusion in accordance Effective date: As of the date of create the possibility of a new or different with 10 CFR 51.22. Therefore, pursuant issuance and shall be implemented kind of accident from any previously to 10 CFR 51.22(b), no environmental within 120 days of issuance. evaluated. impact statement or environmental Amendment No.: 247. A publicly- 3. Does the proposed amendment involve assessment need be prepared for these available version is in ADAMS under a significant reduction in a margin of safety? amendments. If the Commission has Accession No. ML16201A195; Response: No. prepared an environmental assessment documents related to this amendment The proposed changes align the current under the special circumstances are listed in the Safety Evaluation CREVS TS ACTION(s) with the provision in 10 CFR 51.22(b) and has Westinghouse STS and the licensing bases enclosed with the amendment. made a determination based on that Renewed Facility Operating License for the Control Room kitchen and lavatory assessment, it is so indicated. ventilation exhaust pathways with their No. DPR–23: Amendment revised the current design. As such, the proposed For further details with respect to the Renewed Facility Operating License and changes do not involve changes to any safety action see (1) the applications for TSs. analyses assumptions, safety limits, or amendment, (2) the amendment, and (3) Date of initial notice in Federal limiting safety system settings nor do they the Commission’s related letter, Safety Register: March 15, 2016 (81 FR adversely impact plant operating margins or Evaluation, and/or Environmental 13841). The supplemental letter dated the reliability of equipment credited in the Assessment, as indicated. All of these August 18, 2016, provided additional safety analyses. items can be accessed as described in information that clarified the Therefore, the proposed change does not the ‘‘Obtaining Information and application, did not expand the scope of involve a significant reduction in a margin of Submitting Comments’’ section of this the application as originally noticed, safety. document. and did not change the staff’s original proposed no significant hazards The NRC staff has reviewed the Duke Energy Florida, Inc. (DEF), et al., consideration determination as licensee’s analysis and, based on this Docket No. 50–302, Crystal River Unit 3 published in the Federal Register. review, it appears that the three Nuclear Generating Plant, Citrus The Commission’s related evaluation standards of 10 CFR 50.92(c) are County, Florida of the amendment is contained in a satisfied. Therefore, the NRC staff Date of amendment request: Safety Evaluation dated October 11, proposes to determine that the September 22, 2015. 2016. amendment request involves no Brief description of amendment: The No significant hazards consideration comments received: No. significant hazards consideration. amendment approved the proposed Attorney for licensee: William S. name change from Duke Energy Florida, Exelon Generation Company, LLC, Blair, Managing Attorney—Nuclear, Inc. to Duke Energy Florida, LLC. Docket Nos. 50–317 and 50–318, Calvert Florida Power & Light Company, 700 Date of issuance: October 12, 2016. Cliffs Nuclear Power Plant, Units 1 and Universe Blvd., MS LAW/JB, Juno Effective date: As of the date of 2 (CCNPP 1 and 2), Calvert County, Beach, FL 33408–0420. issuance and shall be implemented Maryland NRC Acting Branch Chief: Jeanne A. within 60 days of issuance. Date of amendment request: February Dion. Amendment No.: 250. 4, 2016.

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Brief description of amendments: The Safety Evaluation enclosed with the than or equal to (≥) 25 percent of rated amendments revised the CCNPP 1 and amendments. thermal power and the main turbine 2 Technical Specifications (TSs) to Renewed Facility Operating License bypass system is inoperable. include Surveillance Requirement (SR) Nos. DPR–44 and DPR–56: The To increase the margin to the 3.5.2.10 in the list of applicable amendments revised the Renewed maximum reactor pressure vessel (RPV) surveillances of SR 3.5.3.1 as part of the Facility Operating Licenses and acceptance criteria for certain implementation of Technical Technical Specifications. anticipated transient without scram Specifications Task Force (TSTF) Date of initial notice in Federal (ATWS) transients, the SRs for the Improved Standard Technical Register: July 19, 2016 (81 FR 46962). allowable value (AV) for the ATWS Specifications Change Traveler TSTF– The supplemental letter dated August recirculation pump trip (ATWS–RPT) 523, Revision 2, ‘‘Generic Letter 2008– 11, 2016, provided additional on high RPV steam dome pressure are 01, Managing Gas Accumulation.’’ information that clarified the modified (SR 3.3.4.1.4.b). The ATWS– Date of issuance: October 7, 2016. application, did not expand the scope of RPT AV for DNPS, Unit Nos. 2 and 3, Effective date: As of the date of the application as originally noticed, is lowered to less than or equal to 1,198 issuance and shall be implemented and did not change the staff’s original pounds per square inch gauge (psig). within 60 days of issuance. proposed no significant hazards The ATWS–RPT AV for QCNPS, Unit Amendment Nos.: 319 (Unit 1) and consideration determination as Nos. 1 and 2, is lowered to less than or 297 (Unit 2). A publicly-available published in the Federal Register. equal to 1,195 psig. version is in ADAMS under Accession The Commission’s related evaluation Date of issuance: October 20, 2016. No. ML16263A001; documents related of the amendments is contained in a Effective date: As of the date of to these amendments are listed in the Safety Evaluation dated October 14, issuance and shall be implemented Safety Evaluation enclosed with the 2016. prior to entering into MODE 2 on the amendments. No significant hazards consideration first plant startup following the next Renewed Facility Operating License comments received: No. refueling outage for each unit. Nos. DPR–53 and DPR–69: Amendments Amendment Nos.: 251 and 244 Exelon Generation Company, LLC, (DNPS, Unit Nos. 2 and 3) and 264 and revised the Renewed Facility Operating Docket Nos. 50–237 and 50–249, Licenses and TSs. 259 (GCNPS, Unit Nos. 1 and 2). A Dresden Nuclear Power Station (DNPS), publicly-available version is in ADAMS Date of initial notice in Federal Unit Nos. 2 and 3, Grundy County, Register: May 24, 2016 (81 FR 32806). under Accession No. ML16221A061; Illinois documents related to these amendments The Commission’s related evaluation are listed in the Safety Evaluation of the amendments is contained in a Exelon Generation Company, LLC, enclosed with the amendments. Safety Evaluation dated October 7, 2016. Docket Nos. 50–254 and 50–265, Quad Cities Nuclear Power Station (QCNPS), Renewed Facility Operating License No significant hazards consideration Nos. DPR–19, DPR–25, DPR–29, and comments received: No. Unit Nos. 1 and 2, Rock Island County, Illinois DPR–30: Amendments revised the Exelon Generation Company, LLC, and Renewed Facility Operating Licenses Date of amendment request: February PSEG Nuclear LLC, Docket Nos. 50–277 and TSs. 6, 2015, as supplemented by letters and 50–278, Peach Bottom Atomic Date of initial notice in Federal dated September 1, 2015, and January Power Station, Units 2 and 3, York and Register: November 3, 2015 (80 FR 20, January 28, April 26, June 22, and Lancaster Counties, Pennsylvania 67800). The supplemental letters dated September 28, 2016. January 20, January 28, April 26, June Date of amendment request: June 20, Brief description of amendments: The 22, and September 28, 2016, provided 2016, as supplemented by letter dated amendments revised the technical additional information that clarified the August 11, 2016. specifications (TSs) for both DNPS, application, did not expand the scope of Brief description of amendments: The Units Nos. 2 and 3, and QCNPS, Unit the application as originally noticed, amendments revised Technical Nos. 1 and 2, to support the use of and did not change the staff’s original Specification 3.8.3, ‘‘Diesel Fuel Oil, AREVA nuclear fuel; both facilities proposed no significant hazards Lube Oil, and Starting Air,’’ to replace currently operate using a Westinghouse consideration determination as the required stored inventory of lube oil nuclear fuel design. Specifically, the published in the Federal Register. for the diesel generators (specified in TSs for the core operating limits report The Commission’s related evaluation number of gallons) with inventory (TS 5.6.5.b) are revised to include NRC- of the amendments is contained in a requirements based on diesel generator approved AREVA methodologies and to Safety evaluation dated October 20, operating time (specified in number of delete methodologies no longer in use. 2016. days). The changes are based on The transient analyses take credit for No significant hazards consideration Revision 1 to Technical Specifications conservatism in the scram speed comments received: No. Task Force (TSTF) Improved Standard performance; therefore, a new Technical Specifications Change surveillance requirement (SR) Exelon Generation Company, LLC, Traveler TSTF–501, ‘‘Relocate Stored associated with linear heat generation Docket Nos. 50–254 and 50–265, Quad Fuel Oil and Lube Oil Volume Values to rate (LHGR) is added to the TSs (SR Cities Nuclear Power Station, Units 1 Licensee Control.’’ 3.2.3.2). This demonstrates scram speed and 2, Rock Island County, Illinois Date of issuance: October 14, 2016. distribution is consistent with that used Date of amendment request: Effective date: As of the date of in the transient analyses. The TSs December 14, 2015, as supplemented by issuance and shall be implemented associated with the limiting condition letters dated March 9, 2016, and June 1, within 60 days of issuance. for operation (LCO 3.7.7) for the main 2016. Publicly-available versions are in Amendment Nos.: 310 (Unit 2) and turbine bypass system is revised to ADAMS under Accession Nos. 314 (Unit 3). A publicly-available include requirements to use the ML15348A396, ML16069A217, and version is in ADAMS under Accession minimum critical power ratio limits ML16153A084, respectively. No. ML16235A405; documents related (LCO 3.2.2) and LHGR limits (LCO Brief description of amendments: The to these amendments are listed in the 3.2.3) during operations when at greater amendments revised the design bases in

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the updated final safety analysis report Technical Specifications Task Force documents related to this amendment to reflect the use of a new criticality (TSTF) Standard Technical are listed in the Safety Evaluation safety assessment for fuel channel bow/ Specification change traveler, TSTF– enclosed with the amendment. bulge methodology to support the 490, Revision 0, ‘‘Deletion of E-Bar Renewed Facility Operating License performance of criticality safety Definition and Revision to Reactor No. DPR–46: The amendment revised evaluation for ATRIUM–10XM fuel Coolant System Specific Activity the Renewed Facility Operating License design in the spent fuel pool. Technical Specification,’’ with and Technical Specifications. Date of issuance: October 17, 2016. approved deviations. Additionally, the Date of initial notice in Federal Effective date: As of the date of amendments revised the CNP, Units 1 Register: July 5, 2016 (81 FR 43664). issuance and shall be implemented and 2, licensing basis and TSs to adopt The supplemental letter dated August within 60 days from the date of the alternative source term as allowed in 29, 2016, provided additional issuance. 10 CFR 50.67. Amendment Nos.: 263 (Unit 1) and Date of issuance: October 20, 2016. information that clarified the 258 (Unit 2). A publicly-available Effective date: As of the date of application, did not expand the scope of version is in ADAMS under Accession issuance and shall be implemented the application as originally noticed, No. ML16231A131; documents related within 180 days of issuance. and did not change the staff’s original to these amendments are listed in the Amendment Nos.: 332 for Unit 1 and proposed no significant hazards Safety Evaluation enclosed with the 314 for Unit 2. A publicly-available consideration determination as amendments. version is in ADAMS under Accession published in the Federal Register. Renewed Facility Operating License No. ML16242A111; documents related The Commission’s related evaluation Nos. DPR–29 and DPR–30: The to these amendments are listed in the of the amendment is contained in a amendments revised the Facility Safety Evaluation enclosed with the Safety Evaluation dated October 17, Operating Licenses. amendments. 2016. Federal Date of initial notice in Renewed Facility Operating License No significant hazards consideration Register : May 3, 2016 (81 FR 26586). Nos. DPR–58 and DPR–74: Amendments comments received: No. The March 9, 2016, supplement revised the Renewed Facility Operating corrected a deficiency in the Holtec Licenses and TSs. NextEra Energy Duane Arnold, LLC, affidavit in the original submittal and Date of initial notice in Federal Docket No. 50–331, Duane Arnold did not change the NRC staff’s initial Register: March 31, 2015 (80 FR Energy Center (DAEC), Linn County, proposed finding of no significant 17091). The supplemental letters dated Iowa hazards consideration. The June 1, 2016, July 17, August 24, August 28, Date of amendment request: October supplement contained clarifying November 16, and December 17, 2015, 14, 2015. A publicly-available version is information and did not change the NRC and February 19, May 6, July 12, and in ADAMS under Accession No. staff’s initial proposed finding of no September 15, 2016, provided ML15289A233. significant hazards consideration. additional information that clarified the The Commission’s related evaluation application, did not expand the scope of Brief description of amendment: The of the amendments is contained in a the application as originally noticed, amendment revised the DAEC Technical Safety Evaluation dated October 17, and did not change the staff’s original Specifications Section 5.5.6, ‘‘Inservice 2016. proposed no significant hazards Testing Program,’’ to provide No significant hazards consideration consideration determination as consistency with the requirements of 10 comments received: No. published in the Federal Register. CFR 50.55a(f)(4) for inservice testing of pumps and valves and remove Indiana Michigan Power Company, The Commission’s related evaluation requirements that are redundant to the Docket Nos. 50–315 and 50–316, Donald of the amendments is contained in a requirements of 10 CFR 50.55a. C. Cook Nuclear Plant (CNP), Units 1 Safety Evaluation dated October 20, and 2, Berrien County, Michigan 2016. Date of issuance: October 17, 2016. No significant hazards consideration Effective date: As of the date of Date of amendment request: comments received: No. November 14, 2014, as supplemented by issuance and shall be implemented letters dated February 12, July 17, Nebraska Public Power District, Docket within 60 days of issuance. August 24, August 28, November 16, No. 50–298, Cooper Nuclear Station Amendment No.: 298. A publicly- and December 17, 2015, and February (CNS), Nemaha County, Nebraska available version is in ADAMS under 19, May 6, July 12, and September 15, Date of amendment request: April 21, Accession No. ML16263A245; 2016. 2016, as supplemented by letter dated documents related to this amendment Brief description of amendments: The August 29, 2016. are listed in the Safety Evaluation amendments revised the CNP, Units 1 Brief description of amendment: The enclosed with the amendment. and 2, Technical Specifications (TSs) by amendment revised Section 2.0, ‘‘Safety Renewed Facility Operating License replacing the limit on reactor coolant Limits (SLs),’’ of the CNS Technical No. DPR–49: The amendment revised system (RCS) gross specific activity with Specifications by revising the two the Renewed Facility Operating License a new limit on RCS noble gas specific recirculation loop and single and Technical Specifications. activity. The noble gas specific activity recirculation loop safety limit minimum Date of initial notice in Federal limit is based on a new DOSE critical power ratio values to reflect the Register: December 22, 2015 (80 FR EQUIVALENT Xenon (Xe)-133 results of a cycle-specific calculation. 79621). definition that replaces the E Bar Date of issuance: October 17, 2016. average disintegration energy definition. Effective date: As of the date of The Commission’s related evaluation In addition, the DOSE EQUIVALENT issuance and shall be implemented of the amendment is contained in a Iodine (I)-131 definition is revised to prior to startup from Refuel Outage 29. Safety Evaluation dated October 17, allow the use of additional thyroid dose Amendment No.: 257. A publicly- 2016. conversion factors. The changes are available version is in ADAMS under No significant hazards consideration consistent with NRC-approved industry Accession No. ML16272A137; comments received: No.

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Northern States Power Company— No significant hazards consideration ML16202A279; documents related to Minnesota, Docket No. 50–282, Prairie comments received: No. these amendments are listed in the Island Nuclear Generating Plant, Unit 1, Safety Evaluation enclosed with the Southern Nuclear Operating Company, Goodhue County, Minnesota amendments. Docket Nos. 50–348 and 50–364, Joseph Date of amendment request: April 7, Facility Combined Licenses No. NPF– M. Farley Nuclear Plant, Units 1 and 2, 91 and NPF–92: Amendments revised 2016. Houston County, Alabama Brief description of amendment: The the Facility Combined Licenses. Federal amendment revised Technical Date of amendment request: April 25, Date of initial notice in Register: Specification (TS) Surveillance 2016. March 15, 2016 (81 FR Brief description of amendments: The Requirement (SR) 3.8.4.3 to allow a one- 13837). The supplemental letter dated amendments updated Attachment M, time extension of 1 month for the TS SR March 1, 2016, provided additional ‘‘License Condition Changes’’; frequency. information that clarified the Date of issuance: October 13, 2016. Attachment S, ‘‘Modification and application, did not expand the scope of Effective date: As of the date of Implementation Items’’; and Attachment the application as originally noticed, issuance and shall be implemented W, ‘‘Fire Probabilistic Risk Analysis and did not change the staff’s original within 7 days of issuance. Insights,’’ of the previously approved proposed no significant hazards Amendment No.: 218. A publicly- National Fire Protection Association consideration determination as available version is in ADAMS under (NFPA) 805 amendment. published in the Federal Register. Accession No. ML16256A514; Date of issuance: October 17, 2016. The Commission’s related evaluation documents related to this amendment Effective date: As of the date of of the amendment is contained in a are listed in the Safety Evaluation issuance and shall be implemented Safety Evaluation dated August 25, enclosed with the amendment. within 60 days of issuance. 2016. Facility Operating License No. DPR– Amendment Nos.: 205 (Unit 1) and No significant hazards consideration 42: Amendment revised the Facility 201 (Unit 2). A publicly-available comments received: No. Operating License and TSs. version is in ADAMS under Accession No. ML16232A000; documents related Virginia Electric and Power Company, Date of initial notice in Federal Docket Nos. 50–338 and 50–339, North Register: June 21, 2016 (81 FR 40360). to these amendments are listed in the Safety Evaluation enclosed with the Anna Power Station, Unit Nos. 1 and 2, The Commission’s related evaluation Louisa County, Virginia of the amendment is contained in a amendments. Safety Evaluation dated October 13, Renewed Facility Operating License Date of amendment request: 2016. Nos. NPF–2 and NPF–8: The December 10, 2016, as supplemented by No significant hazards consideration amendments revised the Renewed letter dated June 15, 2016. comments received: No. Facility Operating Licenses. Brief description of amendments: The Date of initial notice in Federal amendments modified Technical PSEG Nuclear LLC, Docket No. 50–354, Register: June 7, 2016 (81 FR 36623). Specification (TS) 3.2.1, ‘‘Heat Flux Hot Hope Creek Generating Station (HCGS), The Commission’s related evaluation Channel Factor (FQ(Z)).’’ The Salem County, New Jersey of the amendments is contained in a amendments relocate required operating Date of amendment request: June 8, Safety Evaluation dated October 17, space reductions to the Core Operating 2016. 2016. Limits Report, accompanied by Brief description of amendment: The No significant hazards consideration verification for each reload cycle, and amendment revised the HCGS Technical comments received: No. define TS surveillance requirements for steady-state and transient F (Z) and Specifications. Specifically, the safety South Carolina Electric & Gas Company Q corresponding actions with which to limit minimum critical power ratio for and South Carolina Public Service apply an appropriate penalty factor to single recirculation loop operation is Authority, Docket Nos. 52–027 and 52– measured results, as identified in revised. The change results from a 028, Virgil C. Summer Nuclear Station Westinghouse Nuclear Safety Advisory cycle-specific analysis performed to (VCSNS), Units 2 and 3, Fairfield Letter (NSAL)–09–5, Revision 1, support the operation of HCGS in County, South Carolina upcoming Cycle 21. ‘‘Relaxed Axial Offset Control FQ Date of issuance: October 13, 2016. Date of amendment request: January Technical Specification Actions,’’ and Effective date: As of the date of 19, 2016, as supplemented by letter NSAL–15–1, Revision 0, ‘‘Heat Flux Hot issuance and shall be implemented dated March 1, 2016. Channel Factor Surveillance prior to startup from the fall 2016 Description of amendment: The Requirements,’’ respectively. refueling outage. amendments authorized changes to the Date of issuance: October 17, 2016. Amendment No.: 200. A publicly- VCSNS, Units 2 and 3, Updated Final Effective date: As of the date of available version is in ADAMS under Safety Analysis Report in the form of issuance and shall be implemented Accession No. ML16270A038; departures from the incorporated plant- before September 30, 2017. documents related to this amendment specific Design Control Document Tier Amendment Nos.: 278 (Unit No. 1) are listed in the Safety Evaluation 2* information. The changes are related and 261 (Unit No. 2). A publicly enclosed with the amendment. to changes to construction methods and available version is in ADAMS under Renewed Facility Operating License construction sequence used for the Accession No. ML16252A478; No. NPF–57: The amendment revised composite floors and roof of the documents related to these amendments the Renewed Facility Operating License auxiliary building. are listed in the Safety Evaluation and Technical Specifications. Date of issuance: August 25, 2016. enclosed with the amendments. Date of initial notice in Federal Effective date: As of the date of Renewed Facility Operating License Register: August 2, 2016 (81 FR 50748). issuance and shall be implemented Nos. NPF–4 and NPF–7: Amendments The Commission’s related evaluation within 30 days of issuance. revised the Renewed Facility Operating of the amendment is contained in a Amendment Nos.: 51 (for Units 2 and Licenses and TSs. Safety Evaluation dated October 13, 3). A publicly-available version is in Date of initial notice in Federal 2016. ADAMS under Package Accession No. Register: March 1, 2016 (81 FR 10682).

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The supplemental letter dated June 15, questions about NRC dockets to Carol notifications to other agencies or bodies 2016, provided additional information Gallagher; telephone: 301–415–3463; have been duly made and that there is that clarified the application, did not email: [email protected]. For reasonable assurance that the facilities expand the scope of the application as technical questions, contact the will be constructed and will operate in originally noticed, and did not change individuals listed in the FOR FURTHER conformity with the license, the the staff’s original proposed no INFORMATION CONTACT section of this provisions of the AEA, and the significant hazards consideration document. Commission’s regulations. Furthermore, determination as published in the • NRC’s Agencywide Documents the NRC finds that the licensees are Federal Register. Access and Management System technically and financially qualified to The Commission’s related evaluation (ADAMS): You may obtain publicly- engage in the activities authorized, and of the amendments is contained in a available documents online in the that issuance of the licenses will not be Safety Evaluation dated October 17, ADAMS Public Documents collection at inimical to the common defense and 2016. http://www.nrc.gov/reading-rm/ security or to the health and safety of No significant hazards consideration adams.html. To begin the search, select the public. Finally, the NRC finds that comments received: No. ‘‘ADAMS PublicDocuments’’ and then the findings required by subpart A of 10 Dated at Rockville, Maryland, this 27th day select ‘‘Begin Web-based ADAMS CFR part 51 have been made. of October, 2016. Search.’’ For problems with ADAMS, Accordingly, the combined licenses For the Nuclear Regulatory Commission. please contact the NRC’s Public were issued on October 26, 2016, and Document Room (PDR) reference staff at Anne T. Boland, became effective immediately. 1–800–397–4209, 301–415–4737, or by Director, Division of Operating Reactor email to [email protected]. The II. Further Information Licensing, Office of Nuclear Reactor Regulation. ADAMS accession number for each document referenced (if it is available in The NRC has prepared a Final Safety [FR Doc. 2016–26824 Filed 11–7–16; 8:45 am] ADAMS) is provided the first time that Evaluation Report (FSER) and Final BILLING CODE 7590–01–P a document is referenced. For the Environmental Impact Statement (FEIS) convenience of the reader, the ADAMS that document the information reviewed accession numbers are provided in a and the NRC’s conclusion. The NUCLEAR REGULATORY Commission has also issued its COMMISSION table in the ‘‘Availability of Documents’’ section of this document. Memorandum and Order documenting [Docket Nos. 52–029 and 52–030; NRC– • NRC’s PDR: You may examine and its final decision on the uncontested 2008–0558] purchase copies of public documents at hearing held on July 28, 2016, which the NRC’s PDR, Room O1–F21, One serves as the ROD in this proceeding. Duke Energy Florida, LLC; Levy White Flint North, 11555 Rockville The NRC also prepared a document Nuclear Plant Units 1 and 2 Pike, Rockville, Maryland 20852. summarizing the ROD to accompany its actions on the combined license AGENCY: Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: application; this Summary ROD Commission. Donald Habib, telephone: 301- 415– incorporates by reference materials 1035, email: [email protected] ACTION: Combined licenses and record contained in the FEIS. The FSER, FEIS, regarding safety matters; or Mallecia of decision; issuance. Summary ROD, and accompanying Sutton, telephone: 301–415–0673, documentation included in the SUMMARY: The U.S. Nuclear Regulatory email: [email protected] combined license package, as well as Commission (NRC) has issued combined regarding environmental matters. Both the Commission’s hearing decision and license numbers NPF–99 and NPF–100 are staff members of the Office of New ROD, are available online in the to Duke Energy Florida, LLC (DEF) for Reactors, U.S. Nuclear Regulatory ADAMS Public Document collection at Levy Nuclear Plant Units 1 and 2 (LNP Commission, Washington, DC 20555– http://www.nrc.gov/reading-rm/ Units 1 and 2). In addition, the NRC has 0001. prepared a Summary Record of Decision adams.html. From this site, persons can SUPPLEMENTARY INFORMATION: (ROD) that supports the NRC’s decision access the NRC’s ADAMS Library, to issue combined license numbers I. Introduction which provides text and image files of NRC’s public documents. NPF–99 and NPF–100. Under section 2.106 of title 10 of the DATES: Combined license numbers NPF– Code of Federal Regulations (10 CFR), The ADAMS accession numbers for 99 and NPF–100 became effective on the NRC is providing notice of the the documents related to this notice are October 26, 2016. issuance of combined license numbers listed below. ADDRESSES: Please refer to Docket ID NPF–99 and NPF–100 to the licensee, III. Availability of Documents NRC–2008–0558 when contacting the and under § 50.102(c), the NRC is NRC about the availability of providing notice of the ROD. With The documents identified in the information regarding this document. respect to the application for combined following table are available to You may obtain publicly-available licenses filed by DEF, the NRC finds interested persons through the ADAMS information related to this document that the applicable standards and Public Documents collection. A copy of using any of the following methods: requirements of the Atomic Energy Act the combined license application is also • Federal Rulemaking Web site: Go to of 1954, as amended, (AEA) and the available for public inspection at the http://www.regulations.gov and search Commission’s regulations have been NRC’s PDR and at http://www.nrc.gov/ for Docket ID NRC–2008–0558. Address met. The NRC finds that any required reactors/new-reactors/col.html.

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Document Adams Accession No.

Final Safety Evaluation Report for Combined Licenses for LNP Units 1 and 2 ...... ML16084A664 Final Environmental Impact Statement for Combined Licenses for LNP Units 1 and 2 ...... ML12100A063 (Volume 1) ML12100A068 (Volume 2) ML12100A070 (Volume 3) Commission’s Memorandum and Order on the uncontested hearing (Record of Decision) ...... ML16294A141 Summary Record of Decision ...... ML16272A416 Letter transmitting Combined Licenses Nos. NPF-99 and NPF-100 and accompanying documentation ...... ML16176A200 Combined Licenses Nos. NPF-99 and NPF-100 ...... ML12265A029 (Unit 1) ML12265A042 (Unit 2) Levy Nuclear Plant Units 1 and 2 , Combined License Application, Revision 9, April 6, 2016 ...... ML16111A960

Dated at Rockville, Maryland, this 2nd day individual listed in the FOR FURTHER type fuel. The PUR–1 is licensed to of November 2016. INFORMATION CONTACT section of this operate at a steady-state power level of For the Nuclear Regulatory Commission. document. 12 kilowatts thermal (kW(t)). The • Francis M. Akstulewicz, NRC’s Agencywide Documents renewed Facility Operating License No. Director, Division of New Reactor Licensing, Access and Management System R–87 will expire 20 years from its date Office of New Reactors. (ADAMS): You may obtain publicly of issuance. available documents online in the [FR Doc. 2016–26946 Filed 11–7–16; 8:45 am] The renewed facility operating license ADAMS Public Documents collection at BILLING CODE 7590–01–P complies with the standards and http://www.nrc.gov/reading-rm/adams. requirements of the Atomic Energy Act html. To begin the search, select of 1954, as amended (the Act), and the ‘‘ADAMS Public Documents’’ and then NUCLEAR REGULATORY Commission’s rules and regulations. select ‘‘Begin Web-based ADAMS COMMISSION The Commission has made appropriate Search.’’ For problems with ADAMS, [Docket No. 50–182; NRC–2011–0186] please contact the NRC’s Public findings as required by the Act and the Document Room (PDR) reference staff at Commission’s regulations in chapter I of Purdue University; Purdue University 1–800–397–4209, 301–415–4737, or by title 10 of the Code of Federal Research Reactor email to [email protected]. For the Regulations (10 CFR), and sets forth convenience of the reader, the ADAMS those findings in the renewed facility AGENCY: Nuclear Regulatory operating license. The NRC afforded an Commission. accession numbers are provided in a table in the ‘‘Availability of Documents’’ opportunity for hearing in the Notice of ACTION: License renewal; issuance. section of this document. Opportunity for Hearing published in the Federal Register on November 3, SUMMARY: The U.S. Nuclear Regulatory • NRC’s PDR: You may examine and 2011 (76 FR 68225). The NRC received Commission (NRC) issued a renewal of purchase copies of public documents at no request for a hearing or petition for Facility Operating License No. R–87, the NRC’s PDR, Room O1–F21, One leave to intervene following the notice. held by the Purdue University (the White Flint North, 11555 Rockville licensee) for the continued operation of Pike, Rockville, Maryland 20852. The NRC staff prepared a safety its Purdue University Research Reactor FOR FURTHER INFORMATION CONTACT: evaluation report for the renewal of (PUR–1 or the reactor) for an additional Cindy K. Montgomery, Office of Nuclear Facility Operating License No. R–87 and 20 years. Reactor Regulation, U.S. Nuclear concluded, based on that evaluation, DATES: The operating license renewal Regulatory Commission, Washington, that the licensee can continue to operate for Facility Operating License No. R–87 DC 20555–0001; telephone: 301–415– the facility without endangering the is effective on October 31, 2016. 3398; email: Cindy.Montgomery@ health and safety of the public. The NRC staff also prepared an environmental ADDRESSES: Please refer to Docket ID nrc.gov. asessment and finding of no significant NRC–2011–0186 when contacting the SUPPLEMENTARY INFORMATION: NRC about the availability of impact for the renewal of the facility information regarding this document. I. Discussion operating license, noticed in the Federal You may obtain publicly-available The NRC has issued renewed Facility Register on October 27, 2016 (81 FR information related to this document Operating License No. R–87, held by the 74822), and concluded that renewal of using any of the following methods: licensee, which authorizes continued the facility operating license will not • Federal Rulemaking Web site: Go to operation of the Purdue University have a significant impact on the quality http://www.regulations.gov and search Research Reactor, located on the of the human environment. for Docket ID NRC–2011–0186. Address campus of Purdue University, in the city II. Availability of Documents questions about NRC dockets to Carol of West Lafayette, Tippecanoe County, Gallagher; telephone: 301–415–3463; Indiana. The PUR–1 is a heterogeneous The documents identified in the email: [email protected]. For pool-type, nuclear research reactor that following table are available to technical questions, contact the uses Materials Testing Reactor plate interested persons as indicated.

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ADAMS Document accession No.

Application for relicense of License Number R–87 with Power Uprate (July 7, 2008) ...... ML083040443 Purdue University Safety Analysis Report (June 30, 2008) [Redacted Version] ...... ML111890201 Purdue University—Request for Additional Information (RAI) Regarding License Renewal. [Decommissioning Funding ML101620125 Statement of Intent] (June 3, 2010). Purdue University—Request For Additional Information Regarding The Purdue University Reactor License Renewal (Tac ML101620184 No. Me 1594), Responses To RAIs Dated 24 March 2010 [Responses To ML100820019, fin assurance, SOI, sig auth, fin rpt] (June 4, 2010). Response to Request for Additional Information Regarding the Purdue University Reactor License Renewal (TAC ML11320A287 ME1594), Response to RAIs Dated 6 July 2011 (ML101460429). (November 15, 2011). Purdue University—Request for Additional Information Regarding the License Renewal, Responses to RAIs Dated 6 July ML12006A193 2011 [Responses 11, 12, 13, 15, 16, 18, 21, 23, 25, 27, 28, 30, 31, 33, 35, 36, and 37] (January 4, 2012). Purdue University—Responses to the Request for Additional Information Regarding the Purdue University Reactor Li- ML12031A223 cense Renewal dated July 6, 2011 [Responses 3, 4, 7, 10, 17, 19, 20, 22, 24, 29, 34, and 40] (January 30, 2012). Purdue University—Request for Additional Information Regarding the Purdue University Reactor License Renewal (TAC ML14234A109 NO. ME 1594), Responses to RAIS (ML103400115 and ML103400250) (Redacted Version). [Responses 45, 55, 62, 65, 66, 67, 68, 70, and 73] (January 31, 2012). Request for Additional Information Regarding the Purdue University Reactor License Renewal (TAC ME1594), Responses ML12156A364 to RAIs (ML103400115 and ML103400250). [Responses 43, 51, 56, 60, and 61] (June 1, 2012). Purdue University—Request for Additional Information Regarding the Purdue University Reactor License Renewal (TAC ML12170B018 No. ME1594), Responses to RAIs (ML103400115 and ML103400250). [Response 46, 47, 52, 57, and 59] (June 15, 2012). Purdue University—Request for Additional Information Regarding the Purdue University Reactor License Renewal, Re- ML121850004 sponses to RAIs (ML103400115 and ML103400250). [Response 48, 58, 96, 97 and 98] (June 29, 2012). Purdue University—Request for Additional Information Regarding the Purdue University Reactor License Renewal, Re- ML12201A070 sponse to RAI. [Response 49, 50, 53, 64, and 72] (July 13, 2012). Purdue University—Response to Request for Additional Information Regarding Purdue University Reactor License Re- ML12226A400 newal (TAC No. ME1594, Responses to RAIs (ML103400115 and ML103400250) [Responses 54, 69, 77, 78, and 92] (August 11, 2012). Purdue University—Response to Request Request for Additional Information Regarding the Purdue University Reactor Li- ML13101A044 cense Renewal (TAC ME1594). [Responses 54, 69, 77, 78, and 92] (April 10, 2013). Purdue University—Request for Additional Information Regarding the Purdue University Reactor License Renewal Appli- ML15210A280 cation (TAC No. ME1594), Responses to Letter Dated August 29, 2014 (ML14115A221). [RAI cover letter for re- sponses to Aug 29, 2015 NRC letter] (July 24, 2015). Purdue University—Request for Additional Information Regarding the Purdue University Reactor License Renewal Appli- ML15210A282 cation (TAC No. ME1594), Responses to Letter Dated August 29, 2014 (ML14115A221). Part 1 of 5. [RAI Responses part 1 of 5: responses (1–29), TS (30–64), d/c cost estimate (65–68), Requal (69–73), SAR Chs. 1–5 (70–162)] (July 24, 2015). Purdue University—Request for Additional Information Regarding the Purdue University Reactor License Renewal Appli- ML15210A283 cation (TAC No. ME1594), Responses to Letter Dated August 29, 2014 (ML14115A221). Part 2 of 5. [RAI Responses part 2 of 5 (SAR chs. 6–15)] (July 24, 2015). Purdue University—Request for Additional Information Regarding the Purdue University Reactor License Renewal Appli- ML15210A285 cation (TAC No. ME1594), Responses to Letter Dated August 29, 2014 (ML14115A221). Part 3 of 5. [RAI Responses Part 3 of 5 (drawings)] (July 24, 2015). Purdue University—Request for Additional Information Regarding the Purdue University Reactor License Renewal Appli- ML15210A287 cation (TAC No. ME1594), Responses to Letter Dated August 29, 2014 (ML14115A221). Part 4 of 5. [RAI Responses Part 4 of 5 (drawings)] (July 24, 2015). Purdue University—Request for Additional Information Regarding the Purdue University Reactor License Renewal Appli- ML15210A288 cation (TAC No. ME1594), Responses to Letter Dated August 29, 2014 (ML14115A221). Part 5 of 5. [RAI Responses part 5 of 5 (NATCON, Procedures, Drawings)] (July 24, 2015). Purdue University—Response to NRC Request for Additional Information Regarding Physical Security Plan Review for Li- ML16047A382 cense Renewal (January 29, 2016). Purdue University—Re-Submittal Response to NRC Request for Additional Information Regarding Physical Security Plan ML16083A219 Review for License Renewal (February 26, 2016). Purdue Re-Submittal of Response to NRC Request for Additional Information Re: Physical Security Plan Review for Li- ML16102A123 cense Renewal (March 31, 2016). Purdue University—Second Re-Submittal of Response to NRC Request for Additional Information Regarding Physical Se- ML16134A083 curity Plan Review for License Renewal (May 9, 2016). Purdue University School of Nuclear Engineering Notice of ADAMS Document Correction, PUR–1, Docket 50–182, ML16193A681 ML16187A371. Technical Specifications, Proposed Amendment 13 Enclosed. [Correction of the TSs, originally sub- mitted under ML16187A371] (July 7, 2016). Purdue University Responses to Request for Additional Information re PUR–1 License Renewal and Power Uprate. [Re- ML16207A426 sponses to RAIs ML15328A314] (July 19, 2016). Purdue University—Response to Request for Additional Information Regarding the Reactor License Renewal Application, ML16267A465 Responses to Letter dated July 25, 2016 (September 19, 2016). Purdue University—Explanation of Technical Specification Changes and Emergency Operator Action (September 29, ML16277A165 2016).

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Dated at Rockville, Maryland, this 1st day method for submitting comments on a B. Submitting Comments of November, 2016. specific subject): Please include Docket ID NRC–2016– For the Nuclear Regulatory Commission. • Federal Rulemaking Web site: Go to 0218, facility name, unit number(s), http://www.regulations.gov and search Duane A. Hardesty, plant docket number, application date, for Docket ID NRC–2016–0218. Address Acting Chief, Research and Test Reactors and subject in your comment questions about NRC dockets to Carol Licensing Branch, Division of Policy and submission. Rulemaking, Office of Nuclear Reactor Gallagher; telephone: 301–415–3463; The NRC cautions you not to include Regulation. email: [email protected]. For identifying or contact information that [FR Doc. 2016–26950 Filed 11–7–16; 8:45 am] technical questions, contact the you do not want to be publicly BILLING CODE 7590–01–P individual listed in the FOR FURTHER disclosed in your comment submission. INFORMATION CONTACT section of this The NRC will post all comment document. submissions at http:// NUCLEAR REGULATORY • Mail comments to: Cindy Bladey, www.regulations.gov as well as enter the COMMISSION Office of Administration, Mail Stop: comment submissions into ADAMS. OWFN–12–H08, U.S. Nuclear [NRC–2016–0218] The NRC does not routinely edit Regulatory Commission, Washington, comment submissions to remove DC 20555–0001. Applications and Amendments to identifying or contact information. Facility Operating Licenses and For additional direction on obtaining information and submitting comments, If you are requesting or aggregating Combined Licenses Involving comments from other persons for Proposed No Significant Hazards see ‘‘Obtaining Information and Submitting Comments’’ in the submission to the NRC, then you should Considerations and Containing inform those persons not to include Sensitive Unclassified Non-Safeguards SUPPLEMENTARY INFORMATION section of this document. identifying or contact information that Information and Safeguards they do not want to be publicly FOR FURTHER INFORMATION CONTACT: C. Information and Order Imposing disclosed in their comment submission. Kay Goldstein, Office of Nuclear Reactor Procedures for Access to Sensitive Your request should state that the NRC Regulation, U.S. Nuclear Regulatory Unclassified Non-Safeguards does not routinely edit comment Commission, Washington DC 20555– Information and Safeguards submissions to remove such information 0001; telephone: 301–415–1506, email: Information before making the comment [email protected]. AGENCY submissions available to the public or : Nuclear Regulatory SUPPLEMENTARY INFORMATION: Commission. entering the comment into ADAMS. ACTION: License amendment request; I. Obtaining Information and II. Background Submitting Comments opportunity to comment, request a Pursuant to Section 189a.(2) of the hearing, and petition for leave to A. Obtaining Information Atomic Energy Act of 1954, as amended intervene; order. Please refer to Docket ID NRC–2016– (the Act), the NRC is publishing this SUMMARY: The U.S. Nuclear Regulatory 0218, facility name, unit number(s), notice. The Act requires the Commission (NRC) received and is plant docket number, application date, Commission to publish notice of any considering approval of four and subject when contacting the NRC amendments issued, or proposed to be amendment requests. The amendment about the availability of information for issued and grants the Commission the requests are for Crystal River Unit 3 this action. You may obtain publicly- authority to issue and make Nuclear Generating Plant; Diablo available information related to this immediately effective any amendment Canyon Nuclear Power Plant, Unit Nos. action by any of the following methods: to an operating license or combined • 1 and 2; Vogtle Electric Generating Federal Rulemaking Web site: Go to license, as applicable, upon a Plant, Units 3 and 4; and Browns Ferry http://www.regulations.gov and search determination by the Commission that for Docket ID NRC–2016–0218. such amendment involves no significant Nuclear Plant, Units 1, 2, and 3. For • each amendment request, the NRC NRC’s Agencywide Documents hazards consideration, notwithstanding proposes to determine that they involve Access and Management System the pendency before the Commission of no significant hazards consideration. (ADAMS): You may obtain publicly- a request for a hearing from any person. Because each amendment request available documents online in the This notice includes notices of contains sensitive unclassified non- ADAMS Public Documents collection at amendments containing SUNSI and/or safeguards information (SUNSI) and/or http://www.nrc.gov/reading-rm/ SGI. adams.html. To begin the search, select safeguards information (SGI), an order III. Notice of Consideration of Issuance ‘‘ADAMS Public Documents’’ and then imposes procedures to obtain access to of Amendments to Facility Operating select ‘‘Begin Web-based ADAMS SUNSI and SGI for contention Licenses and Combined Licenses, Search.’’ For problems with ADAMS, preparation. Proposed No Significant Hazards please contact the NRC’s Public Consideration Determination, and DATES: Comments must be filed by Document Room (PDR) reference staff at Opportunity for a Hearing December 8, 2016. A request for a 1–800–397–4209, 301–415–4737, or by hearing must be filed by January 9, email to [email protected]. The The Commission has made a 2017. Any potential party as defined in ADAMS accession number for each proposed determination that the § 2.4 of title 10 of the Code of Federal document referenced (if it is available in following amendment requests involve Regulations (10 CFR), who believes ADAMS) is provided the first time that no significant hazards consideration. access to SUNSI and/or SGI is necessary it is mentioned in this document. Under the Commission’s regulations in to respond to this notice must request • NRC’s PDR: You may examine and § 50.92, this means that operation of the document access by November 18, 2016. purchase copies of public documents at facility in accordance with the proposed ADDRESSES: You may submit comments the NRC’s PDR, Room O1–F21, One amendment would not (1) involve a by any of the following methods (unless White Flint North, 11555 Rockville significant increase in the probability or this document describes a different Pike, Rockville, Maryland 20852. consequences of an accident previously

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evaluated, or (2) create the possibility of Safety and Licensing Board Panel, will with the NRC’s regulations, policies, a new or different kind of accident from rule on the petition; and the Secretary and procedures. any accident previously evaluated, or or the Chief Administrative Judge of the Petitions for leave to intervene must (3) involve a significant reduction in a Atomic Safety and Licensing Board be filed no later than 60 days from the margin of safety. The basis for this Panel will issue a notice of a hearing or date of publication of this notice. proposed determination for each an appropriate order. Requests for hearing, petitions for leave amendment request is shown below. As required by 10 CFR 2.309, a to intervene, and motions for leave to The Commission is seeking public petition shall set forth with particularity file new or amended contentions that comments on this proposed the interest of the petitioner in the are filed after the 60-day deadline will determination. Any comments received proceeding, and how that interest may not be entertained absent a within 30 days after the date of be affected by the results of the determination by the presiding officer publication of this notice will be proceeding. The petition should that the filing demonstrates good cause considered in making any final specifically explain the reasons why by satisfying the three factors in 10 CFR determination. intervention should be permitted with 2.309(c)(1)(i) through (iii). Normally, the Commission will not particular reference to the following If a hearing is requested, and the issue the amendment until the general requirements: (1) The name, Commission has not made a final expiration of 60 days after the date of address, and telephone number of the determination on the issue of no publication of this notice. The petitioner; (2) the nature of the significant hazards consideration, the Commission may issue the license petitioner’s right under the Act to be Commission will make a final amendment before expiration of the 60- made a party to the proceeding; (3) the determination on the issue of no day period provided that its final nature and extent of the petitioner’s significant hazards consideration. The determination is that the amendment property, financial, or other interest in final determination will serve to decide involves no significant hazards the proceeding; and (4) the possible when the hearing is held. If the final consideration. In addition, the effect of any decision or order which determination is that the amendment request involves no significant hazards Commission may issue the amendment may be entered in the proceeding on the prior to the expiration of the 30-day consideration, the Commission may petitioner’s interest. The petition must comment period if circumstances issue the amendment and make it also set forth the specific contentions change during the 30-day comment immediately effective, notwithstanding which the petitioner seeks to have period such that failure to act in a the request for a hearing. Any hearing litigated at the proceeding. timely way would result, for example, held would take place after issuance of in derating or shutdown of the facility. Each contention must consist of a the amendment. If the final If the Commission takes action prior to specific statement of the issue of law or determination is that the amendment the expiration of either the comment fact to be raised or controverted. In request involves a significant hazards period or the notice period, it will addition, the petitioner shall provide a consideration, then any hearing held publish a notice of issuance in the brief explanation of the bases for the would take place before the issuance of Federal Register. If the Commission contention and a concise statement of any amendment unless the Commission makes a final no significant hazards the alleged facts or expert opinion finds an imminent danger to the health consideration determination, any which support the contention and on or safety of the public, in which case it hearing will take place after issuance. which the petitioner intends to rely in will issue an appropriate order or rule The Commission expects that the need proving the contention at the hearing. under 10 CFR part 2. to take this action will occur very The petitioner must also provide A State, local governmental body, infrequently. references to those specific sources and Federally-recognized Indian Tribe, or documents of which the petitioner is agency thereof, may submit a petition to A. Opportunity To Request a Hearing aware and on which the petitioner the Commission to participate as a party and Petition for Leave To Intervene intends to rely to establish those facts or under 10 CFR 2.309(h)(1). Within 60 days after the date of expert opinion to support its position on The petition should state the nature publication of this notice, any persons the issue. The petition must include and extent of the petitioner’s interest in (petitioner) whose interest may be sufficient information to show that a the proceeding. The petition should be affected by this action may file a request genuine dispute exists with the submitted to the Commission by January for a hearing and a petition to intervene applicant on a material issue of law or 9, 2017. The petition must be filed in (petition) with respect to the action. fact. Contentions shall be limited to accordance with the filing instructions Petitions shall be filed in accordance matters within the scope of the in the ‘‘Electronic Submissions (E- with the Commission’s ‘‘Agency Rules proceeding. The contention must be one Filing)’’ section of this document, and of Practice and Procedure’’ in 10 CFR which, if proven, would entitle the should meet the requirements for part 2. Interested persons should petitioner to relief. A petitioner who petitions set forth in this section, except consult a current copy of 10 CFR 2.309, fails to satisfy these requirements with that under 10 CFR 2.309(h)(2) a State, which is available at the NRC’s PDR, respect to at least one contention will local governmental body, or Federally- located at One White Flint North, Room not be permitted to participate as a recognized Indian Tribe, or agency O1–F21, 11555 Rockville Pike (first party. thereof does not need to address the floor), Rockville, Maryland 20852. The Those permitted to intervene become standing requirements in 10 CFR NRC’s regulations are accessible parties to the proceeding, subject to any 2.309(d) if the facility is located within electronically from the NRC Library on limitations in the order granting leave to its boundaries. A State, local the NRC’s Web site at http:// intervene, and have the opportunity to governmental body, Federally- www.nrc.gov/reading-rm/doc- participate fully in the conduct of the recognized Indian Tribe, or agency collections/cfr/. If a petition is filed hearing with respect to resolution of thereof may also have the opportunity to within 60 days, the Commission or a that person’s admitted contentions, participate under 10 CFR 2.315(c). presiding officer designated by the including the opportunity to present If a hearing is granted, any person Commission or by the Chief evidence and request permission to who does not wish, or is not qualified, Administrative Judge of the Atomic cross-examine witnesses, consistent to become a party to the proceeding

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may, in the discretion of the presiding requirements for accessing the E- documents in paper format. Such filings officer, be permitted to make a limited Submittal server are available on the must be submitted by: (1) First class appearance pursuant to the provisions NRC’s public Web site at http:// mail addressed to the Office of the of 10 CFR 2.315(a). A person making a www.nrc.gov/site-help/e-submittals/ Secretary of the Commission, U.S. limited appearance may make an oral or adjudicatory-sub.html. Participants may Nuclear Regulatory Commission, written statement of position on the attempt to use other software not listed Washington, DC 20555–0001, Attention: issues, but may not otherwise on the Web site, but should note that the Rulemaking and Adjudications Staff; or participate in the proceeding. A limited NRC’s E-Filing system does not support (2) courier, express mail, or expedited appearance may be made at any session unlisted software, and the NRC delivery service to the Office of the of the hearing or at any prehearing Electronic Filing Help Desk will not be Secretary, 11555 Rockville Pike, conference, subject to the limits and able to offer assistance in using unlisted Rockville, Maryland 20852, Attention: conditions as may be imposed by the software. Rulemaking and Adjudications Staff. presiding officer. Details regarding the Once a participant has obtained a Participants filing a document in this opportunity to make a limited digital ID certificate and a docket has manner are responsible for serving the appearance will be provided by the been created, the participant can then document on all other participants. presiding officer if such sessions are submit a petition. Submissions should Filing is considered complete by first- scheduled. be in Portable Document Format (PDF). class mail as of the time of deposit in Additional guidance on PDF the mail, or by courier, express mail, or B. Electronic Submissions (E-Filing) submissions is available on the NRC’s expedited delivery service upon All documents filed in NRC public Web site at http://www.nrc.gov/ depositing the document with the adjudicatory proceedings, including a site-help/electronic-sub-ref-mat.html. A provider of the service. A presiding request for hearing, a petition for leave filing is considered complete at the time officer, having granted an exemption to intervene, any motion or other the documents are submitted through request from using E-Filing, may require document filed in the proceeding prior the NRC’s E-Filing system. To be timely, a participant or party to use E-Filing if to the submission of a request for an electronic filing must be submitted to the presiding officer subsequently hearing or petition to intervene the E-Filing system no later than 11:59 determines that the reason for granting (hereinafter ‘‘petition’’), and documents p.m. Eastern Time on the due date. the exemption from use of E-Filing no filed by interested governmental entities Upon receipt of a transmission, the E- longer exists. participating under 10 CFR 2.315(c), Filing system time-stamps the document Documents submitted in adjudicatory must be filed in accordance with the and sends the submitter an email notice proceedings will appear in the NRC’s NRC’s E-Filing rule (72 FR 49139; confirming receipt of the document. The electronic hearing docket which is August 28, 2007, as amended at 77 FR E-Filing system also distributes an email available to the public at http:// 46562; August 3, 2012). The E-Filing notice that provides access to the ehd1.nrc.gov/ehd/, unless excluded process requires participants to submit document to the NRC’s Office of the pursuant to an order of the Commission, and serve all adjudicatory documents General Counsel and any others who or the presiding officer. Participants are over the internet, or in some cases to have advised the Office of the Secretary requested not to include personal mail copies on electronic storage media. that they wish to participate in the privacy information, such as social Participants may not submit paper proceeding, so that the filer need not security numbers, home addresses, or copies of their filings unless they seek serve the documents on those home phone numbers in their filings, an exemption in accordance with the participants separately. Therefore, unless an NRC regulation or other law procedures described below. applicants and other participants (or requires submission of such To comply with the procedural their counsel or representative) must information. However, in some requirements of E-Filing, at least 10 apply for and receive a digital ID instances, a petition will require days prior to the filing deadline, the certificate before a hearing petition to including information on local participant should contact the Office of intervene is filed so that they can obtain residence in order to demonstrate a the Secretary by email at access to the document via the E-Filing proximity assertion of interest in the [email protected], or by telephone system. proceeding. With respect to copyrighted at 301–415–1677, to (1) request a digital A person filing electronically using works, except for limited excerpts that identification (ID) certificate, which the NRC’s adjudicatory E-Filing system serve the purpose of the adjudicatory allows the participant (or its counsel or may seek assistance by contacting the filings and would constitute a Fair Use representative) to digitally sign NRC Electronic Filing Help Desk application, participants are requested documents and access the E-Submittal through the ‘‘Contact Us’’ link located not to include copyrighted materials in server for any proceeding in which it is on the NRC’s public Web site at http:// their submission. participating; and (2) advise the www.nrc.gov/site-help/e- The Commission will issue a notice or Secretary that the participant will be submittals.html, by email to order granting or denying a hearing submitting a petition (even in instances [email protected], or by a toll- request or intervention petition, in which the participant, or its counsel free call at 1–866–672–7640. The NRC designating the issues for any hearing or representative, already holds an NRC- Electronic Filing Help Desk is available that will be held and designating the issued digital ID certificate). Based upon between 9 a.m. and 7 p.m., Eastern Presiding Officer. A notice granting a this information, the Secretary will Time, Monday through Friday, hearing will be published in the Federal establish an electronic docket for the excluding government holidays. Register and served on the parties to the hearing in this proceeding if the Participants who believe that they hearing. Secretary has not already established an have a good cause for not submitting For further details with respect to electronic docket. documents electronically must file an these license amendment applications, Information about applying for a exemption request, in accordance with see the applications for amendment digital ID certificate is available on the 10 CFR 2.302(g), with their initial paper which are available for public NRC’s public Web site at http:// filing stating why there is good cause for inspection in ADAMS and at the NRC’s www.nrc.gov/site-help/e-submittals/ not filing electronically and requesting PDR. For additional direction on getting-started.html. System authorization to continue to submit accessing information related to this

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document, see the ‘‘Accessing changes to the security computer system). Specifications (TSs) to adopt the Information and Submitting Comments’’ The proposed license amendment would not alternative source term (AST) as section of this document. physically change any SSCs involved in the allowed by 10 CFR 50.67, ‘‘Accident mitigation of any postulated accident. Thus, source term.’’ The AST methodology, as Duke Energy Florida, Inc., et al., Docket no new initiators or precursors of a new or established in NRC Regulatory Guide No.: 50–302, Crystal River Unit 3 different kind of accident are created. (RG) 1.183, ‘‘Alternative Radiological Nuclear Generating Plant, Citrus Furthermore, the proposed amendment does Source Terms for Evaluating Design County, Florida not create the possibility of a new failure mode associated with any equipment or Basis Accidents at Nuclear Power Date of amendment request: May 24, personnel failures. Therefore, the proposed Reactors,’’ July 2000 (ADAMS 2016. A publicly-available version is in changes do not create the possibility of a new Accession No. ML003716792), is used to ADAMS under Accession No. or different kind of accident from any calculate the offsite and control room ML16152A045. previously evaluated. 3. Does the proposed amendment involve radiological consequences of postulated Description of amendment request: accidents for DCPP, Unit Nos. 1 and 2. This amendment request contains a significant reduction in a margin of safety? No. The amendments would revise TS 1.1, sensitive unclassified non-safeguards Plant safety margins are established ‘‘Definitions,’’ to change the definition information (SUNSI) and safeguards through limiting conditions for operation and of Dose Equivalent I–131; TS 3.4.16, information (SGI). The amendment safety analysis described in the FSAR. ‘‘RCS [Reactor Coolant System] Specific would replace the Crystal River Unit 3 Because the 10 CFR part 50 license for CR– Activity,’’ to revise the noble gas Nuclear Plant (CR–3) Physical Security 3 no longer authorizes operation of the activity limit; TS 3.6.3, ‘‘Containment Plan, Training and Qualification Plan, reactor or emplacement or retention of fuel into the reactor vessel, as specified in 10 CFR Isolation Valves,’’ to require the 48-inch and Safeguards Contingency Plan with a containment purge supply and exhaust new combined Independent Spent Fuel 50.82(a)(2), the occurrence of postulated accidents associated with reactor operation is valves to be sealed closed during Modes Storage Installation (ISFSI) Only no longer credible. The proposed amendment 1, 2, 3, and 4; TS 5.5.11, ‘‘Ventilation Physical Security Plan, Training and does not involve a change in the plant’s Filter Testing Program (VFTP),’’ to Qualification Plan, and Safeguards design, configuration, or operation. The change the allowable methyl iodide Contingency Plan (altogether referred to modifications associated with this proposed penetration testing criteria for the as the PLAN). The PLAN will be used amendment does not affect plant safety or auxiliary building system charcoal filter; design margins. Therefore, the proposed at CR–3 after all spent fuel has been and TS 5.5.19, ‘‘Control Room transferred to the CR–3 ISFSI. amendment does not involve a significant reduction in a margin of safety. Habitability Program,’’ to replace Basis for proposed no significant ‘‘whole body or its equivalent to any hazards consideration determination: The NRC staff has reviewed the part of the body,’’ with ‘‘Total Effective As required by 10 CFR 50.91(a), the licensee’s analysis and, based on this Dose equivalent (TEDE),’’ which is the licensee has provided its analysis of the review, it appears that the three dose criteria specified in 10 CFR 50.67. issue of no significant hazards standards of 10 CFR 50.92(c) are The amendments would also add consideration, which is presented satisfied. Therefore, the NRC staff license conditions to Appendix D, below: proposes to determine that the ‘‘Additional Conditions,’’ of Facility 1. Does the proposed amendment involve amendment request involves no Operating License Nos. DPR–80 and a significant increase in the probability or significant hazards consideration. DPR–82 for DCPP, Unit Nos. 1 and 2. consequences of an accident previously Attorney for licensee: Lara S. Nichols, The license amendment request was evaluated? 550 South Tryon Street, Charlotte, North originally noticed in the Federal No. Carolina 28202. Register on October 13, 2015 (80 FR The proposed PLAN and deletion of the NRC Branch Chief: Bruce A. Watson, 61486). The notice is being reissued in cyber security plan will become effective CHP. after all the spent nuclear fuel has been its entirety to include the revised scope, removed from the Spent Fuel Pools (SFP) and Pacific Gas and Electric Company description of the amendment request, there are no requirements to return spent fuel (PG&E), Docket Nos. 50–275 and 50– and proposed no significant hazards to the SFP. The only current design basis 323, Diablo Canyon Nuclear Power consideration determination. accident is the Fuel Handling Accident Plant (DCPP), Unit Nos. 1 and 2, San Basis for proposed no significant (FHA), once the fuel is removed from the Luis Obispo County, California hazards consideration determination: pool and placed on the ISFSI pad, the FHA Date of amendment request: June 17, As required by 10 CFR 50.91(a), the will no longer be credible. licensee has provided its analysis of the The proposed amendment has no effect on 2015, as supplemented by letters dated plant systems, structures, and components August 31, October 22, November 2, issue of no significant hazards (SSCs) and no effect on the capability of any November 6, and December 17, 2015; consideration, which is presented plant SSC to perform its design function. The and February 1, February 10, April 21, below: proposed amendment would not increase the June 9, and September 15, 2016. 1. Does the proposed change involve a likelihood of the malfunction of any plant significant increase in the probability or SSC. Therefore, the proposed amendment Publicly-available versions are in ADAMS under Accession Nos. consequences of an accident previously does not involve a significant increase in the evaluated? probability or consequences of a previously ML15176A539, ML15243A363, Response: No. evaluated accident. ML15295A470, ML15321A235, This license amendment does not 2. Does the proposed change create the ML15310A522, ML16004A363, physically impact any system, structure, or possibility of a new or different kind of ML16032A603, ML16041A533, component (SSC) that is a potential initiator accident from any accident previously ML16120A026, ML16169A267, and of an accident. Therefore, implementation of evaluated? ML16259A117, respectively. AST, the AST assumptions and inputs, the No. Description of amendment request: proposed TS changes, and newc/Q The proposed amendment does not involve This amendment request contains [atmospheric dispersion factors] values have significant physical alteration of the plant. no impact on the probability for initiation of Minor modifications are associated with this sensitive unclassified non-safeguards any design basis accident. Once the proposed amendment (e.g., wiring changes in information (SUNSI). The amendments occurrence of an accident has been security equipment, the addition of would revise the Updated Final Safety postulated, the new accident source term and telecommunications equipment, and software Analysis Report (UFSAR) and Technical c/Q values are inputs to analyses that

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evaluate the radiological consequences of the licensed to operate using containment spray as a result of an assessment of all potential postulated events. in the recirculation mode. As such, operation release pathways. The continued operation of Reactor coolant specific activity, testing of containment spray in the recirculation containment spray and the radiation monitor criteria of charcoal filters, and the accident mode has already been analyzed, evaluated, setpoint change do not create any new failure induced primary-to-secondary system and is currently controlled by Emergency modes, alter the nature of events postulated leakage performance criterion are not Operating Procedures. Usage of recirculation in the UFSAR, nor introduce any unique initiators for any accident previously spray reduces the consequence of the precursor mechanism. evaluated. The proposed change to require postulated event. Likewise, the additional Requiring the 48-inch containment purge the 48-inch containment purge valves to be shielding to the Control Room and the valves to be sealed closed during operating sealed closed during operating MODES 1, 2, addition of a HEPA [high-efficiency MODES 1, 2, 3, and 4 does not introduce any 3, and 4 is not an accident initiator for any particulate air] filter to the TSC [Technical new accident precursor. This change only accident previously evaluated. The change in Support Center] ventilation system reduces eliminates a potential release path for the classification of a portion of the 40-inch the consequences of the postulated event to radionuclides following a LOCA. Containment Penetration Area Ventilation the Control Room and TSC personnel. The proposed TS testing criteria for the line is also not an accident initiator for any Lowering the limit for DEX [Dose Equivalent auxiliary building ventilation system accident previously evaluated. Thus, the XE–133] lowers potential releases. By charcoal filters cannot create an accident, but proposed TS changes and AST reclassifying a portion of the 40-inch results in requiring more efficient filtration of implementation will not increase the Containment Penetration Area Ventilation potentially released iodine. The proposed probability of an accident. line to PG&E Design Class I, this line will be changes to the DEX activity limit, the TS The change to the decay time prior to fuel seismically qualified, thus assuring that post- terminology, and the decay time of the fuel movement is not an accident initiator. Decay LOCA release points are the same as those before movement are also unrelated to time is used to determine the source term for used for determining c/Q values. accident initiators. the dose consequence calculation following a The change to the decay time from 100 The only physical changes to the plant potential FHA [fuel handling accident] and hours to 72 hours prior to fuel movement is being made in support of AST is the addition has no effect on the probability of the an input to the FHA. Although less decay of Control Room shielding in an area accident. Likewise, the change to the Control will result in higher released activity, the previously modified, the addition of a HEPA Room radiation monitors setpoint cannot results of the FHA dose consequence analysis filter at the intake of the TSC normal cause an accident and the operation of remain within the dose acceptance criteria of ventilation system, and the upgrade to the containment spray during the recirculation the event. Also, the radiation levels to an damper actuators, pressure switches, and phase is used for mitigation of a LOCA [loss- operator from a raised fuel assembly may damper solenoid valves to support of-coolant accident], and thus not an accident increase due to a lower decay time, however, reclassifying a portion of the Containment initiator. any exposure will continue to be maintained Penetration Area Ventilation line to PG&E As a result, there are no proposed changes under 10 CFR 20 limits by the plant Design Class I. Both Control Room shielding to the parameters or conditions that could Radiation Protection Program. and HEPA filtration are mitigative in nature contribute to the initiation of an accident Plant-specific radiological analyses have and do not have any impact on plant previously evaluated in Chapter 15 of the been performed using the AST methodology, operation or system response following an Updated Final Safety Analysis Report assumption and inputs, as well as new c/Q accident. The Control Room modification for (UFSAR). As such, the AST cannot affect the values. The results of the dose consequences adding the shielding will meet applicable probability of an accident previously analyses demonstrate that the regulatory loading limits, so the addition of the evaluated. acceptance criteria are met for each analyzed shielding cannot initiate a failure. Upgrading Regarding accident consequences, event. Implementing the AST involves no damper actuators, pressure switches, and equipment and components affected by the facility equipment, procedure, or process damper solenoid valves involve replacing proposed changes are mitigative in nature changes that could significantly affect the existing components with components that and relied upon once the accident has been radioactive material actually released during are PG&E Design Class I. Therefore, the postulated. The license amendment an event. Subsequently, no conditions have addition of shielding, a HEPA filter, and implements a new calculation methodology been created that could significantly increase upgrading components cannot create a new for determining accident consequences and the consequences of any of the events being or different kind of accident. does not adversely affect any plant evaluated. Since the function of the SSCs has not component or system that is credited to Based on the above discussion, the changed for AST implementation, no new mitigate fuel damage. Subsequently, no proposed changes do not involve a failure modes are created by this proposed conditions have been created that could significant increase in the probability or change. The AST change itself does not have significantly increase the consequences of consequences of an accident previously the capability to initiate accidents. any accidents previously evaluated. evaluated. Therefore, the proposed change does not Requiring that the 48-inch containment 2. Does the proposed change create the create the possibility of a new or different purge supply and exhaust valves be sealed possibility of a new or different accident type of accident from any accident closed during operating MODES 1, 2, 3, and from any accident previously evaluated? previously evaluated. 4 eliminates a potential path for radiological Response: No. 3. Does the proposed change involve a release following events that result in This license amendment does not alter or significant reduction in a margin of safety? radioactive material releases to the place any SSC in a configuration outside its Response: No. containment, thus reducing potential design or analysis limits and does not create Implementing the AST is relevant only to consequences of the event. The auxiliary any new accident scenarios. calculated dose consequences of potential building ventilation system allowable methyl The AST methodology is not an accident design basis accidents evaluated in Chapter iodide penetration limit is being changed, initiator, as it is a method used to estimate 15 of the UFSAR. The changes proposed in which results in more stringent testing resulting postulated design basis accident this license amendment involve the use of a requirements, and thus higher filter doses. The proposed TS changes reflect the new analysis methodology and related efficiencies for reducing potential releases. plant configuration that supports regulatory acceptance criteria. New Changes to the operation of the implementation of the new methodology and atmospheric dispersion factors, which are containment spray system to require supports reduction in dose consequences. based on site specific meteorological data, operation during the recirculation mode are DCPP is designed and licensed to operate were calculated in accordance with also mitigative in nature. While the plant using containment spray in the recirculation regulatory guidelines. The proposed TS, TS design basis has always included the ability mode. This change will not affect any Bases, and UFSAR changes reflect the plant to implement containment spray during operational aspect of the system or any other configuration that will support recirculation, this license amendment now system, thus no new modes of operation are implementation of the new methodology and requires operation of containment spray in introduced by the proposed change. result in operation in accordance with the recirculation mode for dose mitigation. The function of the radiation monitors has regulatory guidelines that support the DCPP [Unit Nos. 1 and 2 are] designed and not changed; only the setpoint has changed revisions to the radiological analyses of the

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limiting design basis accidents. Conservative N690, ‘‘Specification for Safety-Related change does not affect the operation of any methodologies, per the guidance of RG 1.183, Steel Structures for Nuclear Facilities.’’ systems or equipment that may initiate a new have been used in performing the accident Basis for proposed no significant or different kind of accident, or alter any SSC analyses. The radiological consequences of hazards consideration determination: such that a new accident initiator or initiating sequence of events is created. these accidents are all within the regulatory As required by 10 CFR 50.91(a), the acceptance criteria associated with the use of The proposed change does not adversely AST methodology. licensee has provided its analysis of the affect the design function of the mechanical The change to the minimum decay time issue of no significant hazards couplers, the structures in which the prior to fuel movement results in higher consideration, which is presented couplers are used, or any other SSC design fission product releases after a FHA. below, with NRC staff edits in square functions or methods of operation in a However, the results of the FHA dose brackets: manner that results in a new failure mode, consequence analysis remain within the dose malfunction, or sequence of events that affect 1. Does the proposed amendment involve acceptance criteria of the event. safety-related or non-safety-related a significant increase in the probability or equipment. This activity does not allow for The proposed changes continue to ensure consequences of an accident previously that the dose consequences of design basis a new fission product release path, result in evaluated? a new fission product barrier failure mode, or accidents at the exclusion area, low Response: No. population zone boundaries, in the TSC, and create a new sequence of events that result The proposed change describes how in significant fuel cladding failures. in the Control Room are within the evaluation of coupler strength, and by corresponding acceptance criteria presented Therefore, the proposed amendment does extension, weld strength and quality are used not create the possibility of a new or different in RG 1.183 and 10 CFR 50.67. The margin to demonstrate the capacity of partial joint of safety for the radiological consequences of kind of accident from any accident penetration (PJP) welds joining weldable previously evaluated. these accidents is provided by meeting the couplers to stainless steel embedment plates applicable regulatory limits, which are set at 3. Does the proposed amendment involve as being able to perform their design function a significant reduction in a margin of safety? or below the 10 CFR 50.67 limits. An in lieu of satisfying the AISC N690–1994, acceptable margin of safety is inherent in Response: No. Section Q1.26.2.2, Section Q1.26.2.3, and The proposed change describes how these limits. Section Q1.26.3 requirements for non- Therefore, the proposed change does not evaluation of coupler strength, and by destructive examination (NDE) on 10 percent extension, weld strength and quality are used involve a significant reduction in a margin of weld populations, reexamination, and repair, safety. to demonstrate the capacity of the PJP welds respectively. The proposed change does not joining weldable couplers to stainless steel The NRC staff has reviewed the affect the operation of any systems or embedment plates as being able to perform licensee’s analysis and, based on this equipment that initiate an analyzed accident their design function in lieu of satisfying the review, it appears that the three or alter any structures, systems, and AISC N690–1994, Section Q1.26.2.2, Section components (SSCs) accident initiator or Q1.26.2.3, and Section Q1.26.3 requirements standards of 10 CFR 50.92(c) are initiating sequence of events. satisfied. Therefore, the NRC staff for non-destructive examination on 10 The change has no adverse effect on the percent weld populations, reexamination, proposes to determine that the design function of the mechanical couplers and repair, respectively. The proposed amendment requests involve no or the SSCs to which the mechanical change satisfies the same design functions as significant hazards consideration. couplers are welded. The probabilities of the stated in the UFSAR. This change does not Attorney for licensee: Jennifer Post, accidents evaluated in the Updated Final adversely affect compliance with any design Esq., Pacific Gas and Electric Company, Safety Analysis Report (UFSAR) are not function, design analysis, safety analysis P.O. Box 7442, San Francisco, California affected. input or result, or design/safety margin. No The change does not impact the support, 94120. safety analysis or design basis acceptance design, or operation of mechanical and fluid limit/criterion is challenged or exceeded by NRC Branch Chief: Robert J. systems. The change does not impact the Pascarelli. the proposed change. support, design, or operation of any safety- Because no safety analysis or design basis Southern Nuclear Operating Company, related structures. There is no change to acceptance limit/criterion is challenged or plant systems or the response of systems to exceeded by this change, no significant Inc., Docket Nos. 52–025 and 52–026, postulated accident conditions. There is no Vogtle Electric Generating Plant, Units 3 margin of safety is reduced. change to the predicted radioactive releases Therefore, the proposed amendment does and 4, Burke County, Georgia due to normal operation or postulated not involve a significant reduction in a Date of amendment request: August accident conditions. The plant response to margin of safety. 29, 2016. A publicly-available version is previously evaluated accidents or external events is not adversely affected, nor does the The NRC staff has reviewed the in ADAMS under Accession No. proposed change create any new accident licensee’s analysis and, based on this ML16242A399. precursors. review, it appears that the three Description of amendment request: Therefore, the proposed amendment does standards of 10 CFR 50.92(c) are This amendment request contains not involve a significant increase in the satisfied. Therefore, the NRC staff sensitive unclassified non-safeguards probability or consequences of an accident proposes to determine that the information (SUNSI). The amendment previously evaluated. 2. Does the proposed amendment create amendment request involves no request proposes changes to the significant hazards consideration. Updated Final Safety Analysis Report the possibility of a new or different kind of accident from any accident previously Attorney for licensee: M. Stanford (UFSAR) in the form of departures from evaluated? Blanton, Balch & Bingham LLP, 1710 the incorporated plant-specific Design Response: No. Sixth Avenue North, Birmingham, Control Document Tier 2* information. The proposed change describes how Alabama 35203–2015. Specifically, the proposed change evaluation of coupler strength, and by NRC Branch Chief: Michael T. clarifies in the UFSAR how the quality extension, weld strength and quality are used Markley. and strength of a specific set of couplers to demonstrate the capacity of PJP welds welded to stainless steel embedment joining weldable couplers to stainless steel Tennessee Valley Authority, Docket plates already installed and embedded embedment plates as being able to perform Nos. 50–259, 50–260, and 50–296, their design function in lieu of satisfying the Browns Ferry Nuclear Plant (BFN), in concrete are demonstrated through AISC N690–1994, Section Q1.26.2.2, Section visual examination and static tension Units 1, 2, and 3, Limestone County, Q1.26.2.3, and Section Q1.26.3 requirements Alabama testing, in lieu of the nondestructive for non-destructive examination on 10 examination requirements of American percent weld populations, reexamination, Date of amendment request: July 14, Institute of Steel Construction (AISC) and repair, respectively. The proposed 2016. A publicly-available version is in

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ADAMS under Accession No. limiting safety system settings, and safety CFR 2.309. Requests for access to SUNSI ML16197A372. limits specified in the technical or SGI submitted later than 10 days after Description of amendment request: specifications. The proposed change extends publication will not be considered This amendment request contains the CSP Implementation Schedule. Because there is no change to these established safety absent a showing of good cause for the sensitive unclassified non-safeguards margins as result of this change, the proposed late filing, addressing why the request information (SUNSI). The amendments change does not involve a significant could not have been filed earlier. would revise the Cyber Security Plan reduction in a margin of safety. C. The requestor shall submit a letter (CSP) implementation schedule for Therefore, the proposed change does not requesting permission to access SUNSI, Milestone 8 and the associated license involve a significant reduction in a margin of SGI, or both to the Office of the condition in the Facility Operating safety. Secretary, U.S. Nuclear Regulatory Licenses. The NRC staff has reviewed the Commission, Washington, DC 20555– Basis for proposed no significant licensee’s analysis and, based on this 0001, Attention: Rulemakings and hazards consideration determination: review, it appears that the three Adjudications Staff, and provide a copy As required by 10 CFR 50.91(a), the standards of 10 CFR 50.92(c) are to the Associate General Counsel for licensee has provided its analysis of the satisfied. Therefore, the NRC staff Hearings, Enforcement and issue of no significant hazards proposes to determine that the Administration, Office of the General consideration, which is presented amendment request involves no Counsel, Washington, DC 20555–0001. below: significant hazards consideration. The expedited delivery or courier mail 1. Does the proposed change involve a Attorney for licensee: General address for both offices is: U.S. Nuclear significant increase in the probability or Counsel, Tennessee Valley Authority, Regulatory Commission, 11555 consequences of an accident previously 400 West Summit Hill Dr., WT 6A–K, Rockville Pike, Rockville, Maryland evaluated? Knoxville, Tennessee 37902. 20852. The email address for the Office Response: No. NRC Acting Branch Chief: Tracy J. of the Secretary and the Office of the The proposed change revises the CSP Orf. General Counsel are Hearing.Docket@ Milestone 8 implementation date. This change does not alter accident analysis Order Imposing Procedures for Access nrc.gov and [email protected], 1 assumptions, add any initiators, or affect the to Sensitive Unclassified Non- respectively. The request must include function of plant systems or the manner in Safeguards Information and Safeguards the following information: which systems are operated, maintained, Information for Contention Preparation (1) A description of the licensing modified, tested, or inspected. The proposed action with a citation to this Federal change is an extension to the completion date Duke Energy Florida, Inc., Docket No. Register notice; of implementation Milestone 8, that in itself 50–302, Crystal River Unit 3 Nuclear (2) The name and address of the does not require any plant modifications Generating Plant, Citrus County, Florida which affect the performance capability of potential party and a description of the the structures, systems, and components Pacific Gas and Electric Company, potential party’s particularized interest relied upon to mitigate the consequences of Docket Nos. 50–275 and 50–323, Diablo that could be harmed by the action postulated accidents and have no impact on Canyon Nuclear Power Plant, Unit Nos. identified in C.(1); the probability or consequences of an 1 and 2, San Luis Obispo County, (3) If the request is for SUNSI, the accident previously evaluated. California identity of the individual or entity Therefore, the proposed change does not requesting access to SUNSI and the Southern Nuclear Operating Company, involve a significant increase in the requestor’s basis for the need for the probability or consequences of an accident Inc., Docket Nos. 52–025 and 52–026, information in order to meaningfully previously evaluated. Vogtle Electric Generating Plant, Units 3 participate in this adjudicatory 2. Does the proposed change create the and 4, Burke County, Georgia possibility of a new or different kind of proceeding. In particular, the request accident from any accident previously Tennessee Valley Authority, Docket must explain why publicly-available evaluated? Nos. 50–259, 50–260, and 50–296, versions of the information requested Response: No. Browns Ferry Nuclear Plant, Units 1, 2, would not be sufficient to provide the The proposed change revises the CSP and 3, Limestone County, Alabama basis and specificity for a proffered Implementation Schedule. This proposed contention; and change to extend the completion date of A. This Order contains instructions implementation Milestone 8 does not alter regarding how potential parties to this (4) If the request is for SGI, the accident analysis assumptions, add any proceeding may request access to identity of each individual who would initiators, or affect the function of plant documents containing sensitive have access to SGI if the request is systems or the manner in which systems are unclassified information (including granted, including the identity of any operated, maintained, modified, tested, or Sensitive Unclassified Non-Safeguards expert, consultant, or assistant who will inspected. The proposed change does not Information (SUNSI) and Safeguards aid the requestor in evaluating the SGI. require any plant modifications which affect Information (SGI)). Requirements for In addition, the request must contain the performance capability of the structures, the following information: systems and components relied upon to access to SGI are primarily set forth in mitigate the consequences of postulated 10 CFR parts 2 and 73. Nothing in this (a) A statement that explains each accidents. This change also does not create Order is intended to conflict with the individual’s ‘‘need to know’’ the SGI, as the possibility of a new or different kind of SGI regulations. required by 10 CFR 73.2 and 10 CFR accident from any accident previously B. Within 10 days after publication of 73.22(b)(1). Consistent with the evaluated. this notice of hearing and opportunity to definition of ‘‘need to know’’ as stated Therefore, the proposed change does not petition for leave to intervene, any in 10 CFR 73.2, the statement must create the possibility of a new or different potential party who believes access to explain: kind of accident from any accident SUNSI or SGI is necessary to respond to previously evaluated. 1 3. Does the proposed change involve a this notice may request access to SUNSI While a request for hearing or petition to or SGI. A ‘‘potential party’’ is any intervene in this proceeding must comply with the significant reduction in a margin of safety? filing requirements of the NRC’s ‘‘E-Filing Rule,’’ Response: No. person who intends to participate as a the initial request to access SUNSI and/or SGI Plant safety margins are established party by demonstrating standing and under these procedures should be submitted as through limiting conditions for operation, filing an admissible contention under 10 described in this paragraph.

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(i) Specifically why the requestor (d) A check or money order payable requestor satisfies both E.(1) and E.(2) believes that the information is in the amount of $333.00 4 to the U.S. above, the NRC staff will notify the necessary to enable the requestor to Nuclear Regulatory Commission for requestor in writing that access to proffer and/or adjudicate a specific each individual for whom the request SUNSI has been granted. The written contention in this proceeding; 2 and for access has been submitted. notification will contain instructions on (ii) The technical competence (e) If the requestor or any individual how the requestor may obtain copies of (demonstrable knowledge, skill, training who will have access to SGI believes the requested documents, and any other or education) of the requestor to they belong to one or more of the conditions that may apply to access to effectively utilize the requested SGI to categories of individuals that are exempt those documents. These conditions may include, but are not limited to, the provide the basis and specificity for a from the criminal history records check signing of a Non-Disclosure Agreement proffered contention. The technical and background check requirements in or Affidavit, or Protective Order setting competence of a potential party or its 10 CFR 73.59, the requestor should also forth terms and conditions to prevent counsel may be shown by reliance on a provide a statement identifying which the unauthorized or inadvertent qualified expert, consultant, or assistant exemption the requestor is invoking and disclosure of SUNSI by each individual who satisfies these criteria. explaining the requestor’s basis for believing that the exemption applies. who will be granted access to SUNSI.5 (b) A completed Form SF–85, While processing the request, the Office G. For requests for access to SGI, if the ‘‘Questionnaire for Non-Sensitive of Administration, Personnel Security NRC staff determines that the requestor Positions’’ for each individual who Branch, will make final determination has satisfied both E.(1) and E.(2) above, would have access to SGI. The whether the claimed exemption applies. the Office of Administration will then completed Form SF–85 will be used by Alternatively, the requestor may contact determine, based upon completion of the Office of Administration to conduct the Office of Administration for an the background check, whether the the background check required for evaluation of their exemption status proposed recipient is trustworthy and access to SGI, as required by 10 CFR prior to submitting their request. reliable, as required for access to SGI by part 2, subpart G and 10 CFR Persons who are exempt from the 10 CFR 73.22(b). If the Office of 73.22(b)(2), to determine the requestor’s background check are not required to Administration determines that the trustworthiness and reliability. For complete the SF–85 or Form FD–258; individual or individuals are security reasons, Form SF–85 can only however, all other requirements for trustworthy and reliable, the NRC will be submitted electronically through the access to SGI, including the need to promptly notify the requestor in writing. electronic questionnaire for know, are still applicable. The notification will provide the names investigations processing (e-QIP) Web of approved individuals as well as the site, a secure Web site that is owned and Note: Copies of documents and materials required by paragraphs C.(4)(b), (c), and (d) conditions under which the SGI will be operated by the Office of Personnel of this Order must be sent to the following provided. Those conditions may Management. To obtain online access to address: U.S. Nuclear Regulatory include, but not be limited to, the the form, the requestor should contact Commission, ATTN: Personnel Security signing of a Non-Disclosure Agreement the NRC’s Office of Administration at Branch, Mail Stop TWFN–03–B46M, 11555 or Affidavit, or Protective Order 6 by 301–415–3710.3 Rockville Pike, Rockville, MD 20852. each individual who will be granted (c) A completed Form FD–258 These documents and materials access to SGI. (fingerprint card), signed in original ink, should not be included with the request H. Release and Storage of SGI. Prior and submitted in accordance with 10 letter to the Office of the Secretary, but to providing SGI to the requestor, the CFR 73.57(d). Copies of Form FD–258 the request letter should state that the NRC staff will conduct (as necessary) an may be obtained by writing the Office of forms and fees have been submitted as inspection to confirm that the Information Services, U.S. Nuclear required. recipient’s information protection Regulatory Commission, Washington, D. To avoid delays in processing system is sufficient to satisfy the DC 20555–0001, by calling 1–630–829– requests for access to SGI, the requestor requirements of 10 CFR 73.22. 9565, or by email to Forms.Resource@ should review all submitted materials Alternatively, recipients may opt to nrc.gov. The fingerprint card will be for completeness and accuracy view SGI at an approved SGI storage used to satisfy the requirements of 10 (including legibility) before submitting location rather than establish their own CFR part 2, 10 CFR 73.22(b)(1), and them to the NRC. The NRC will return SGI protection program to meet SGI Section 149 of the Atomic Energy Act of incomplete packages to the sender protection requirements. I. Filing of Contentions. Any 1954, as amended, which mandates that without processing. contentions in these proceedings that all persons with access to SGI must be E. Based on an evaluation of the are based upon the information received fingerprinted for an FBI identification information submitted under paragraphs as a result of the request made for and criminal history records check. C.(3) or C.(4) above, as applicable, the NRC staff will determine within 10 days SUNSI or SGI must be filed by the requestor no later than 25 days after the 2 Broad SGI requests under these procedures are of receipt of the request whether: unlikely to meet the standard for need to know; (1) There is a reasonable basis to requestor is granted access to that furthermore, staff redaction of information from believe the petitioner is likely to requested documents before their release may be establish standing to participate in this 5 Any motion for Protective Order or draft Non- appropriate to comport with this requirement. Disclosure Affidavit or Agreement for SUNSI must These procedures do not authorize unrestricted NRC proceeding; and be filed with the presiding officer or the Chief disclosure or less scrutiny of a requestor’s need to (2) The requestor has established a Administrative Judge if the presiding officer has not know than ordinarily would be applied in legitimate need for access to SUNSI or yet been designated, within 30 days of the deadline connection with an already-admitted contention or need to know the SGI requested. for the receipt of the written access request. non-adjudicatory access to SGI. F. For requests for access to SUNSI, if 6 Any motion for Protective Order or draft Non- 3 The requestor will be asked to provide his or her Disclosure Affidavit or Agreement for SGI must be full name, social security number, date and place the NRC staff determines that the filed with the presiding officer or the Chief of birth, telephone number, and email address. Administrative Judge if the presiding officer has not After providing this information, the requestor 4 This fee is subject to change pursuant to the yet been designated, within 180 days of the usually should be able to obtain access to the online Office of Personnel Managements adjustable billing deadline for the receipt of the written access form within one business day. rates. request.

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information. However, if more than 25 (3) The requestor may challenge the If challenges to the NRC staff days remain between the date the NRC staff’s adverse determination with determinations are filed, these petitioner is granted access to the respect to access to SUNSI by filing a procedures give way to the normal information and the deadline for filing challenge within 5 days of receipt of process for litigating disputes all other contentions (as established in that determination with: (a) The concerning access to information. The the notice of hearing or opportunity for presiding officer designated in this availability of interlocutory review by hearing), the petitioner may file its proceeding; (b) if no presiding officer the Commission of orders ruling on SUNSI or SGI contentions by that later has been appointed, the Chief such NRC staff determinations (whether deadline. Administrative Judge, or if he or she is granting or denying access) is governed J. Review of Denials of Access. unavailable, another administrative by 10 CFR 2.311.7 judge, or an Administrative Law Judge (1) If the request for access to SUNSI L. The Commission expects that the with jurisdiction pursuant to 10 CFR or SGI is denied by the NRC staff either NRC staff and presiding officers (and 2.318(a); or (c) if another officer has after a determination on standing and been designated to rule on information any other reviewing officers) will requisite need, or after a determination access issues, with that officer. consider and resolve requests for access on trustworthiness and reliability, the (4) The requestor may challenge the to SUNSI or SGI, and motions for NRC staff shall immediately notify the NRC staff’s or Office of Administration’s protective orders, in a timely fashion in requestor in writing, briefly stating the adverse determination with respect to order to minimize any unnecessary reason or reasons for the denial. access to SGI by filing a request for delays in identifying those petitioners (2) Before the Office of review in accordance with 10 CFR who have standing and who have Administration makes an adverse 2.705(c)(3)(iv). Further appeals of propounded contentions meeting the determination regarding the proposed decisions under this paragraph must be specificity and basis requirements in 10 recipient(s) trustworthiness and made pursuant to 10 CFR 2.311. CFR part 2. The attachment to this reliability for access to SGI, the Office K. Review of Grants of Access. A Order summarizes the general target of Administration, in accordance with party other than the requestor may schedule for processing and resolving 10 CFR 2.705(c)(3)(iii), must provide the challenge an NRC staff determination requests under these procedures. proposed recipient(s) any records that granting access to SUNSI or SGI whose It is so ordered. were considered in the trustworthiness release would harm that party’s interest Dated at Rockville, Maryland, this 25th of and reliability determination, including independent of the proceeding. Such a October, 2016. those required to be provided under 10 challenge must be filed with the Chief CFR 73.57(e)(1), so that the proposed Administrative Judge within 5 days of For the Nuclear Regulatory Commission. recipient(s) have an opportunity to the notification by the NRC staff of its Annette L. Vietti-Cook, correct or explain the record. grant of access. Secretary of the Commission.

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

Day Event/Activity

0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in- structions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; dem- onstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the pro- ceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likeli- hood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (in- cluding fingerprinting for a criminal history records check), information processing (preparation of redactions or review of re- dacted documents), and readiness inspections. 25 ...... If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.

7 Requestors should note that the filing staff determinations (because they must be served applicable), but not to the initial SUNSI/SGI request requirements of the NRC’s E-Filing Rule (72 FR on a presiding officer or the Commission, as submitted to the NRC staff under these procedures. 49139; August 28, 2007) apply to appeals of NRC

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

Day Event/Activity

190 ...... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding ac- cess to SGI, the proposed recipient must be provided an opportunity to correct or explain information. 205 ...... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination either before the presiding officer or another designated officer under 10 CFR 2.705(c)(3)(iv). A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI con- tentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.

[FR Doc. 2016–26096 Filed 11–7–16; 8:45 am] NRC about the availability of FOR FURTHER INFORMATION CONTACT: BILLING CODE 7590–01–P information regarding this document. Glenn Tuttle, Office of Nuclear You may obtain publically-available Materials Safety and Safeguards, information related to this document, telephone: 301–415–7230, email: NUCLEAR REGULATORY using the following methods: [email protected] and Harriet COMMISSION • Federal Rulemaking Web site: Go to Karagiannis, Office of Nuclear [NRC–2016–0228] http://www.regulations.gov and search Regulatory Research, telephone: 301– for Docket ID NRC–2016–0228. Address 415–2493, email: Harriet.Karagiannis@ Statistical Terminology and Notation questions about NRC dockets to Carol nrc.gov. Both are staff of the U.S. for Special Nuclear Materials Control Gallagher; telephone: 301–415–3463; Nuclear Regulatory Commission, and Accountability email: [email protected]. For Washington, DC 20555–0001. technical questions, contact the SUPPLEMENTARY INFORMATION: AGENCY: Nuclear Regulatory individuals listed in the FOR FURTHER The NRC staff issued RG 5.3 in Commission. INFORMATION CONTACT section of this February 1973 to provide guidance on ACTION: Regulatory guide; withdrawal. document. material control and accounting (MC&A) • NRC’s Agencywide Documents requirements that were then set forth in SUMMARY: The U.S. Nuclear Regulatory Access and Management System section 70.51 of Title 10 of the Code of Commission (NRC) is withdrawing (ADAMS): You may obtain publicly- Federal Regulations (10 CFR). In 2002, Regulatory Guide (RG) 5.3, ‘‘Statistical available documents online in the the requirements for recordkeeping were Terminology and Notation for Special ADAMS Public Document collection at established, and the 10 CFR 70.51(b)–(d) Nuclear Materials Control and http://www.nrc.gov/reading-rm/ provisions were transferred to 10 CFR Accountability,’’ that was issued in adams.html. To begin the search, select 74.19, ‘‘Recordkeeping.’’ Furthermore, 1973. This document is being ‘‘ADAMS Public Documents’’ and then RG 5.3 endorsed the American National withdrawn in part because regulatory select ‘‘Begin Web-based ADAMS Standards Institute (ANSI) Standard guidance is not needed for common Search.’’ For problems with ADAMS, N15.5–1972, ‘‘Statistical Terminology statistical terminology and notation please contact the NRC’s Public and Notation for Nuclear Materials information that is commonly used in Document Room (PDR) reference staff at Management,’’ and thus provided NRC the field of statistics. Further, RG 5.3 1–800–397–4209, 301–415–4737, or by guidance for acceptable terminology and provided guidance on the term ‘‘limits email to [email protected]. The notation concerning statistical analyses of error’’ as defined in the NRC’s ADAMS accession number for each of accountability data for special regulations. This term is no longer a document referenced in this notice (if nuclear material (SNM) control defined regulatory term and is no longer that document is available in ADAMS) purposes that licensees could use when used by the NRC except in certain is provided the first time that a establishing their written MC&A transaction reports. Also, RG 5.3 document is referenced. The basis for procedures necessary to enable them to endorsed a 1972 American National the withdrawal of this guide is found in account for SNM in their possession. Standards Institute (ANSI) standard that ADAMS under Accession No. Regulatory Guide 5.3 provided was later withdrawn. Therefore, the ML16216A145. guidance on the statistical terminology NRC finds that RG 5.3 is obsolete. • NRC’s PDR: You may examine and and notation used in ANSI N15.5–1972, DATES: The effective date of the purchase copies of public documents at and such information is now found in withdrawal of RG 5.3, ‘‘Statistical the NRC’s PDR, Room O1–F21, One any elementary statistics textbook. A Terminology and Notation for Special White Flint North, 11555 Rockville specific regulatory guide on common Nuclear Materials Control and Pike, Rockville, Maryland 20852. statistical terminology and notation is Accountability’’ is November 8, 2016. Regulatory guides are not therefore no longer needed. In addition, ADDRESSES: Please refer to Docket ID copyrighted, and NRC approval is not ANSI N15.5–1972 has been withdrawn NRC–2016–0228 when contacting the required to reproduce them. by ANSI in coordination with the

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Institute of Nuclear Materials OVERSEAS PRIVATE INVESTMENT Dated: November 4, 2016. Management. Only one of the terms CORPORATION Catherine F.I. Andrade, ‘‘limits of error,’’ referenced in ANSI OPIC Corporate Secretary. N15.5–1972 had a definition specific to Sunshine Act Meeting—November 30, [FR Doc. 2016–27074 Filed 11–4–16; 4:15 pm] 2016 Public Hearing MC&A applications, and this term was BILLING CODE 3210–01–P defined in 10 CFR 70.51(a)(5). In TIME AND DATE: moving the 10 CFR 70.51(a) definitions 2 p.m.,Wednesday, November 30, 2016. to 10 CFR 74.4 in 2002, the ‘‘limits of PEACE CORPS error’’ definition was removed, and this PLACE: Offices of the Corporation, term is no longer used by the NRC Twelfth Floor Board Room, 1100 New Information Collection Request except in transaction reports submitted York Avenue NW., Washington, DC. Submission for OMB Review; to the national database. STATUS: Hearing open to the public at 2 Correction Further, any other statistical terms p.m. AGENCY: Peace Corps. that require explanation or clarification Purpose ACTION: Action/correction. are now included in the 10 CFR 74.4 set Public Hearing in conjunction with of MC&A definitions, and regulatory SUMMARY: The Peace Corps published a each meeting of OPIC’s Board of guidance related to MC&A definitions is document in the Federal Register of Directors, to afford an opportunity for included in NUREG–1065, ‘‘Acceptable September 15, 2016, concerning request any person to present views regarding for comments on information collection Standard Format and Content for the the activities of the Corporation. Fundamental Nuclear Material Control request submission for OMB Review. (FNMC) Plan Required for Low- Procedures The document contained the incorrect action. Enriched Uranium Facilities,’’ (ADAMS Individuals wishing to address the Accession No. ML031340288) and hearing orally must provide advance FOR FURTHER INFORMATION CONTACT: NUREG/CR–5734, ‘‘Recommendations notice to OPIC’s Corporate Secretary no Denora Miller, 202–692–1236. to the NRC on Acceptable Standard later than 5 p.m. Wednesday, November Correction: Format and Content for the 23, 2016. The notice must include the In the Federal Register of September Fundamental Nuclear Material Control individual’s name, title, organization, 15, 2016, in FR Doc. 2016–22142, on (FNMC) Plan Required for Low- address, and telephone number, and a page 1, in the second row, correct the Enriched Uranium Enrichment concise summary of the subject matter ‘‘Action’’ caption to read: Facilities’’ (ADAMS Accession No. to be presented. ML15120A354). Additional general Oral presentations may not exceed ten ACTION: 30-Day notice and request for statistical information is provided in (10) minutes. The time for individual comments. NUREG/CR–4604, ‘‘Statistical Methods presentations may be reduced Dated: November 3, 2016. for Nuclear Materials Management’’ proportionately, if necessary, to afford Monique Harris, (ADAMS Accession No. ML103430339). all participants who have submitted a FOIA/Privacy Act Specialist, Management. timely request an opportunity to be Because RG 5.3 is no longer needed, [FR Doc. 2016–26945 Filed 11–7–16; 8:45 am] heard. the NRC is withdrawing RG 5.3. BILLING CODE 6051–01–P Participants wishing to submit a Withdrawal of a regulatory guide means written statement for the record must that the guide no longer provides useful submit a copy of such statement to information or has been superseded by OFFICE OF PERSONNEL OPIC’s Corporate Secretary no later than MANAGEMENT other guidance, technological 5 p.m. Wednesday, November 23, 2016. innovations, congressional actions, Such statement must be typewritten, OMB No. 3206–0218, Death Benefit changes in NRC regulations, or other double spaced, and may not exceed Payment Rollover Election, Form No. events. The withdrawal of RG 5.3 does twenty-five (25) pages. RI 94–7 not alter any prior or existing NRC Upon receipt of the required notice, licensing approval or the acceptability OPIC will prepare an agenda, which AGENCY: U.S. Office of Personnel of licensee commitments to RG 5.3. will be available at the hearing, that Management (OPM). Although RG 5.3 is withdrawn, current identifies speakers, the subject on which ACTION: 30-Day notice and request for licensees may continue to use it, and each participant will speak, and the comments. withdrawal does not affect any existing time allotted for each presentation. SUMMARY: The Retirement Services licenses or agreements. However, RG 5.3 A written summary of the hearing will should not be used in future requests or within OPM offers the general public be compiled, and such summary will be and other Federal agencies the applications for NRC licensing actions. made available, upon written request to opportunity to comment on an Dated at Rockville, Maryland, this 2nd day OPIC’s Corporate Secretary, at the cost extension, without change, of a of November, 2016. of reproduction. currently approved information For the Nuclear Regulatory Commission. Written summaries of the projects to collection request (ICR) OMB No. 3206– be presented at the December 8, 2016, Thomas H. Boyce, 0218, Death Benefit Payment Rollover Board meeting will be posted on OPIC’s Election, Form No. RI 94–7. As required Chief, Regulatory Guidance and Generic Web site. Issues Branch, Division of Engineering, Office by the Paperwork Reduction Act of 1995 of Nuclear Regulatory Research. CONTACT PERSON FOR INFORMATION: as amended by the Clinger-Cohen Act, [FR Doc. 2016–26911 Filed 11–7–16; 8:45 am] Information on the hearing may be OPM is soliciting comments for this obtained from Catherine F. I. Andrade at collection. The information collection BILLING CODE 7590–01–P (202) 336–8768, via facsimile at (202) was previously published in the Federal 408–0297, or via email at Register (81 FR 44898, July 11, 2016) [email protected]. allowing for a 60-day public comment

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period. No comments were received for Analysis Regulatory Commission to add a this information collection. The purpose Agency: Retirement Operations, domestic shipping services contract to of this notice is to allow an additional Retirement Services, Office of Personnel the list of Negotiated Service 30 days for public comments. Management. Agreements in the Mail Classification Schedule’s Competitive Products List. DATES: Comments are encouraged and Title: Death Benefit Payment Rollover will be accepted until December 8, Election. DATES: Effective date: November 8, 2016. This process is conducted in OMB: 3206–0218. 2016. accordance with 5 CFR 1320.1. Frequency: On occasion. Affected Public: Individuals or FOR FURTHER INFORMATION CONTACT: ADDRESSES: Interested persons are Households. Elizabeth A. Reed, 202–268–3179. invited to submit written comments on Number of Respondents: 3,444. the proposed information collection to SUPPLEMENTARY INFORMATION: The Estimated Time per Respondent: 1 ® Office of Information and Regulatory hour. United States Postal Service hereby Affairs, Office of Management and Total Burden Hours: 3,444. gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 2, Budget, 725 17th Street NW., U.S. Office of Personnel Management. Washington, DC 20503, Attention: Desk 2016, it filed with the Postal Regulatory Beth Cobert, Officer for the Office of Personnel Commission a Request of the United Acting Director. Management or sent by email to oira_ States Postal Service to Add Priority [email protected] or faxed to [FR Doc. 2016–26890 Filed 11–7–16; 8:45 am] Mail Contract 254 to Competitive (202) 395–6974. BILLING CODE 6325–38–P Product List. Documents are available at www.prc.gov, Docket Nos. MC2017–15, FOR FURTHER INFORMATION CONTACT: A CP2017–31. copy of this ICR, with applicable POSTAL SERVICE supporting documentation, may be Stanley F. Mires, obtained by contacting the Office of Product Change—First-Class Package Attorney, Federal Compliance. Information and Regulatory Affairs, Service Negotiated Service Agreement [FR Doc. 2016–26897 Filed 11–7–16; 8:45 am] Office of Management and Budget, 725 AGENCY: Postal ServiceTM. BILLING CODE 7710–12–P 17th Street NW., Washington, DC 20503, Attention: Desk Officer for the Office of ACTION: Notice. Personnel Management or sent by email POSTAL SERVICE _ SUMMARY: The Postal Service gives to oira [email protected] or notice of filing a request with the Postal faxed to (202) 395–6974. Regulatory Commission to add a Product Change—Priority Mail SUPPLEMENTARY INFORMATION: Form RI domestic shipping services contract to Negotiated Service Agreement 94–7 provides Federal Employees the list of Negotiated Service AGENCY: TM Retirement System (FERS) surviving Agreements in the Mail Classification Postal Service . spouses and former spouses with the Schedule’s Competitive Products List. ACTION: Notice. means to elect payment of FERS DATES: Effective date: November 8, rollover-eligible benefits directly or to 2016. SUMMARY: The Postal Service gives an Individual Retirement Arrangement FOR FURTHER INFORMATION CONTACT: notice of filing a request with the Postal (IRA), eligible employer plan or Thrift Elizabeth A. Reed, 202–268–3179. Regulatory Commission to add a Savings Plan (TSP) account. The Office SUPPLEMENTARY INFORMATION: The domestic shipping services contract to of Management and Budget is United States Postal Service® hereby the list of Negotiated Service particularly interested in comments gives notice that, pursuant to 39 U.S.C. Agreements in the Mail Classification that: 3642 and 3632(b)(3), on November 2, Schedule’s Competitive Products List. 1. Evaluate whether the proposed 2016, it filed with the Postal Regulatory DATES: Effective date: November 8, collection of information is necessary Commission a Request of the United 2016. for the proper performance of functions States Postal Service to Add First-Class of OPM, including whether the Package Service Contract 65 to FOR FURTHER INFORMATION CONTACT: information will have practical utility; Competitive Product List. Documents Elizabeth A. Reed, 202–268–3179. 2. Evaluate the accuracy of OPM’s are available at www.prc.gov, Docket SUPPLEMENTARY INFORMATION: The estimate of the burden of the proposed Nos. MC2017–14, CP2017–30. United States Postal Service® hereby collection of information, including the Stanley F. Mires, gives notice that, pursuant to 39 U.S.C. validity of the methodology and Attorney, Federal Compliance. assumptions used; 3642 and 3632(b)(3), on November 2, [FR Doc. 2016–26898 Filed 11–7–16; 8:45 am] 2016, it filed with the Postal Regulatory 3. Enhance the quality, utility, and BILLING CODE 7710–12–P Commission a Request of the United clarity of the information to be States Postal Service to Add Priority collected; and Mail Contract 255 to Competitive 4. Minimize the burden of the POSTAL SERVICE Product List. Documents are available at collection of information on those who Product Change—Priority Mail www.prc.gov, Docket Nos. MC2017–16, are to respond, including through the Negotiated Service Agreement CP2017–32. use of appropriate automated, electronic, mechanical, or other AGENCY: Postal ServiceTM. Stanley F. Mires, technological collection techniques or ACTION: Notice. Attorney, Federal Compliance. other forms of information technology, [FR Doc. 2016–26896 Filed 11–7–16; 8:45 am] e.g., permitting electronic submissions SUMMARY: The Postal Service gives BILLING CODE 7710–12–P of responses. notice of filing a request with the Postal

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s on the Exchange (and thereby enhance COMMISSION Statement of the Purpose of, and the Exchange’s ability to compete as a Statutory Basis for, the Proposed Rule listing venue) by providing a [Release No. 34–79222; File No. SR– Change mechanism by which ETP CLPs BatsBZX–2016–71] 1. Purpose compete for part of a daily quoting incentive on the basis of providing the Self-Regulatory Organizations; Bats Background most aggressive quotes with the greatest BZX Exchange, Inc.; Notice of Filing On August 30, 2011, the Exchange amount of size. Such competition has and Immediate Effectiveness of a received approval of rules applicable to the ability to reduce spreads, facilitate Proposed Rule Change To Extend the the qualification, listing and delisting of the price discovery process, and reduce Pilot Period for the Supplemental securities of issuers on the Exchange.3 costs for investors trading in such Competitive Liquidity Provider More recently, the Exchange received securities, thereby promoting capital Program approval to operate a pilot program that formation and helping the Exchange to is designed to incentivize certain Market compete as a listing venue. As such, the November 2, 2016. Makers 4 registered with the Exchange Exchange believes that it is appropriate to extend the current operation of the Pursuant to Section 19(b)(1) of the as ETP CLPs, as defined in Program. Through this filing, the Securities Exchange Act of 1934 (the Interpretation and Policy .03 to Rule 11.8, to enhance liquidity on the Exchange seeks to extend the current ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange in certain ETPs 5 listed on the pilot period of the Program until notice is hereby given that on October Exchange and thereby qualify to receive November 4, 2016.14 28, 2016, Bats BZX Exchange, Inc. (the part of a daily rebate as part of the ‘‘Exchange’’ or ‘‘BZX’’) filed with the Program under Interpretation and Policy 2. Statutory Basis Securities and Exchange Commission .03 to Rule 11.8.6 (‘‘Commission’’) the proposed rule The Exchange believes that its The Program was approved by the proposal is consistent with the change as described in Items I and II Commission on a pilot basis running below, which Items have been prepared requirements of the Act and the rules one-year from the date of and regulations thereunder that are by the Exchange. The Commission is 7 implementation. The Commission applicable to a national securities publishing this notice to solicit 8 approved the Program on July 28, 2014. exchange, and, in particular, with the comments on the proposed rule change The Exchange implemented the Program from interested persons. requirements of Section 6(b) of the on July 28, 2014 and the pilot period for Act.15 In particular, the Exchange the Program was originally scheduled to I. Self-Regulatory Organization’s believes the proposed change furthers end on July 28, 2015 until it was Statement of the Terms of Substance of 9 the objectives of Section 6(b)(5) of the extended to end on October 28, 2015, 16 the Proposed Rule Change 10 Act, in that it is designed to prevent later extended to January 28, 2016, fraudulent and manipulative acts and The Exchange filed a proposal to again extended to April 28, 2016,11 12 practices, to promote just and equitable extend the pilot period for the again extended to July 28, 2016, and principles of trade, to foster cooperation Exchange’s Supplemental Competitive most recently extended to October 28, 13 and coordination with persons engaged Liquidity Provider Program (the 2016. in facilitating transactions in securities, ‘‘Program’’), which is currently set to Proposal To Extend the Operation of the and to remove impediments to and expire on October 28, 2016, to expire on Program perfect the mechanism of a free and November 4, 2016. The Exchange established the open market and a national market The text of the proposed rule change Program in order to enhance liquidity system. The Exchange believes that is available at the Exchange’s Web site on the Exchange in certain ETPs listed extending the pilot period for the at www.batstrading.com, at the Program is consistent with these principal office of the Exchange, and at 3 See Securities Exchange Act Release No. 65225 principles because the Program is the Commission’s Public Reference (August 30, 2011), 76 FR 55148 (September 6, 2011) reasonably designed to enhance quote Room. (SR–BATS–2011–018). competition, improve liquidity in 4 As defined in BZX Rules, the term ‘‘Market securities listed on the Exchange, II. Self-Regulatory Organization’s Maker’’ means a Member that acts as a market maker pursuant to Chapter XI of BZX Rules. support the quality of price discovery, Statement of the Purpose of, and 5 ETP is defined in Interpretation and Policy promote market transparency, and Statutory Basis for, the Proposed Rule .03(b)(4) to Rule 11.8. increase competition for listings and Change 6 See Securities Exchange Act Release No. 72692 trade executions, while reducing (July 28, 2014), 79 FR 44908 (August 1, 2014) (SR– spreads and transaction costs in such In its filing with the Commission, the BATS–2014–022) (‘‘CLP Approval Order’’). securities. Maintaining and increasing 7 See id at 44909. Exchange included statements liquidity in Exchange-listed securities concerning the purpose of and basis for 8 Id. 9 See Securities Exchange Act Release No. 75518 will help raise investors’ confidence in the proposed rule change and discussed (July 24, 2015), 80 FR 45566 (July 30, 2015 (SR– any comments it received on the BATS–2015–55). 14 The Exchange notes that it is proposing to proposed rule change. The text of these 10 See Securities Exchange Act Release No. 76293 extend the Program for only one week in order to statements may be examined at the (October 28, 2015), 80 FR 67808 (November 3, 2015) provide the Exchange with time to update its Web places specified in Item IV below. The (SR–BATS–2015–96). site and submit to the Commission monthly data 11 See Securities Exchange Act Release No. 77033 reports related to the Program as described in the Exchange has prepared summaries, set (February 2, 2016), 81 FR 6558 (February 8, 2016) CLP Approval Order going back to July 2015, upon forth in Sections A, B, and C below, of (SR–BATS–2016–12). the completion of which the Exchange plans to file the most significant parts of such 12 See Securities Exchange Act Release No. 77721 a longer-term extension to the Program. Such statements. (April 27, 2016), 81 FR 26591 (May 3, 2016) (SR– reports are available at the following link: http:// BatsBZX–2016–11). www.bats.com/us/equities/etfmarketplace/trade_ _ 13 See Securities Exchange Act Release No. 78454 on bats/clp/reports/. 1 15 U.S.C. 78s(b)(1). (August 2, 2016), 81 FR 52494 (August 8, 2016) 15 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. (SR–BatsBZX–2016–46). 16 15 U.S.C. 78f(b)(5).

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the fairness of the market and their pursuant to Section 19(b)(3)(A) of the IV. Solicitation of Comments transactions. Act 19 and paragraph (f)(6) of Rule 19b– 4 thereunder.20 Interested persons are invited to B. Self-Regulatory Organization’s submit written data, views and Statement on Burden on Competition A proposed rule change filed under Rule 19b–4(f)(6) normally does not arguments concerning the foregoing, The Exchange does not believe that become operative before 30 days from including whether the proposal is the proposed rule change will impose the date of the filing. However, pursuant consistent with the Act. Comments may any burden on competition that is not to Rule 19b–4(f)(6)(iii),21 the be submitted by any of the following necessary or appropriate in furtherance Commission may designate a shorter methods: of the purposes of the Act. The time if such action is consistent with the proposed rule change extends an Electronic Comments protection of investors and the public established pilot program, thus allowing interest. • the Program to enhance competition in Use the Commission’s Internet both the listings market and in The Exchange has asked the comment form (http://www.sec.gov/ competition for market makers. The Commission to waive the 30-day rules/sro.shtml); or Program will continue to promote operative delay. The Exchange asserts • Send an email to rule-comments@ competition in the listings market by that waiver of the operative delay will sec.gov. Please include File No. SR– providing issuers with a vehicle for allow the Exchange to extend the BatsBZX–2016–71 on the subject line. paying the Exchange additional fees in Program prior to its expiration on exchange for incentivizing tighter October 28, 2016, which will ensure Paper Comments that the Program continues to operate spreads and deeper liquidity in listed • Send paper comments in triplicate securities and allow the Exchange to uninterrupted while the Exchange and to Secretary, Securities and Exchange continue to compete with similar the Commission continue to analyze Commission, 100 F Street NE., programs at Nasdaq Stock Market LLC 17 data regarding the Program. The Washington, DC 20549–1090. and NYSE Arca Equities, Inc.18 Commission notes that this filing’s The Exchange also believes that proposal to extend the Program for only All submissions should refer to File No. extending the pilot program will allow one week is based on the Exchange’s SR–BatsBZX–2016–71. This file number the Program to continue to enhance representation that the one-week period should be included on the subject line competition among market participants will allow the Exchange time to update if email is used. To help the by creating incentives for market makers its Web site and submit to the Commission process and review your to compete to make better quality Commission monthly data reports comments more efficiently, please use related to the Program as described in markets. By continuing to require that only one method. The Commission will the CLP Approval Order going back to market makers both meet the quoting post all comments on the Commission’s requirements and also compete for the July 2015, and that, upon the Internet Web site (http://www.sec.gov/ daily financial incentives, the quality of completion of the update and rules/sro.shtml). Copies of the quotes on the Exchange will continue to submission, the Exchange will file a submission, all subsequent improve. This, in turn, will attract more longer-term extension to the Program.22 liquidity to the Exchange and further The Commission believes that waiving amendments, all written statements improve the quality of trading in the 30-day operative delay is consistent with respect to the proposed rule exchange-listed securities participating with the protection of investors and the change that are filed with the in the Program, which will also act to public interest. Therefore, the Commission, and all written bolster the Exchange’s listing business. Commission hereby waives the 30-day communications relating to the operative delay and designates the proposed rule change between the C. Self-Regulatory Organization’s proposed rule change to be operative Commission and any person, other than Statement on Comments on the upon filing with the Commission.23 those that may be withheld from the Proposed Rule Change Received From public in accordance with the Members, Participants or Others At any time within 60 days of the filing of the proposed rule change, the provisions of 5 U.S.C. 552, will be The Exchange has neither solicited Commission summarily may available for Web site viewing and nor received written comments on the temporarily suspend such rule change if printing in the Commission’s Public proposed rule change. it appears to the Commission that such Reference Room, 100 F Street NE., III. Date of Effectiveness of the action is: (1) Necessary or appropriate in Washington, DC 20549, on official Proposed Rule Change and Timing for the public interest; (2) for the protection business days between the hours of Commission Action of investors; or (3) otherwise in 10:00 a.m. and 3:00 p.m. Copies of such Because the foregoing proposed rule furtherance of the purposes of the Act. filing will also be available for change does not: (A) Significantly affect inspection and copying at the principal the protection of investors or the public 19 15 U.S.C. 78s(b)(3)(A). office of the Exchange. All comments 20 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– received will be posted without change; interest; (B) impose any significant 4(f)(6) requires a self-regulatory organization to give burden on competition; and (C) by its the Commission written notice of its intent to file the Commission does not edit personal terms, become operative for 30 days the proposed rule change at least five business days identifying information from from the date on which it was filed or prior to the date of filing of the proposed rule submissions. You should submit only change, or such shorter time as designated by the information that you wish to make such shorter time as the Commission Commission. The Commission has waived the pre- may designate, it has become effective filing requirement. available publicly. All submissions 21 17 CFR 240.19b–4(f)(6)(iii). should refer to File No. SR–BatsBZX– 17 See Securities Exchange Act Release No. 69195 22 See supra note 14. 2016–71 and should be submitted on or (March 20, 2013), 78 FR 18393 (March 26, 2013) 23 For purposes only of waiving the operative before November 29, 2016. (SR–NASDAQ–2012–137). delay for this proposal, the Commission has 18 See Securities Exchange Act Release No. 69335 considered the proposed rule’s impact on (April 5, 2013), 78 FR 35340 (June 12, 2013) (SR– efficiency, competition, and capital formation. See NYSEARCA–2013–34). 15 U.S.C. 78c(f).

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For the Commission, by the Division of places specified in Item IV below. The terms and specifications of the RFQ to Trading and Markets, pursuant to delegated Exchange has prepared summaries, set be immediately announced at the post. authority.24 forth in sections A, B, and C below, of Thus, the 2013 Amendments added new Brent J. Fields, the most significant aspects of such requirements mandating the Secretary. statements. participation of an assigned FLEX Specialist at the inception of every [FR Doc. 2016–26908 Filed 11–7–16; 8:45 am] A. Self-Regulatory Organization’s BILLING CODE 8011–01–P FLEX transaction. Statement of the Purpose of, and Prior to the 2013 Amendments, Rule Statutory Basis for, the Proposed Rule 1079(b)(1) permitted a Requesting Change SECURITIES AND EXCHANGE Member to initiate an RFQ without the COMMISSION 1. Purpose participation of a FLEX Specialist, by The Exchange proposes to amend first announcing all of the following [Release No. 34–79221; File No. SR–Phlx– contract terms to the trading crowd of 2016–107] section (b), Procedure for Quoting and Trading FLEX Options, of Rule 1079. the non-FLEX option and then Self-Regulatory Organizations; Specifically, the Exchange proposes to submitting an RFQ ticket to that NASDAQ PHLX LLC; Notice of Filing amend subsection (1), Requesting specialist post: (1) Underlying index, and Immediate Effectiveness of Quotations, by largely reversing the security or foreign currency; (2) type, Proposed Rule Change To Amend changes it made to that subsection in a size, and crossing intention; (3) in the Exchange Rule 1079 Concerning the 2013 proposed rule change (the ‘‘2013 case of FLEX index options and FLEX Process of Initiating a FLEX Amendments’’).3 The changes proposed equity options, exercise style; (4) Transaction and Determining the Best herein deal only with the process of expiration date; (5) exercise price; and Bid or Offer initiating a FLEX transaction and (6) respecting index options, the determining the best bid or offer settlement value. Thereafter, on receipt November 2, 2016. (‘‘BBO’’). No other aspects of Rule 1079, of an RFQ in proper form, the assigned Pursuant to Section 19(b)(1) of the as changed by the 2013 Amendments, Specialist or Requesting Member was Securities Exchange Act of 1934 are proposed to be amended. required to cause the terms of the RFQ (‘‘Act’’),1 and Rule 19b–4 thereunder,2 FLEX option transactions on the to be disseminated as an administrative notice is hereby given that on October Exchange are governed by Rule 1079. text message through the Options Price 19, 2016, NASDAQ PHLX LLC (‘‘Phlx’’ Under Rule 1079(b) a Requesting Reporting Authority (‘‘OPRA’’). or ‘‘Exchange’’) filed with the Securities Member may obtain quotes and execute Operationally, the Requesting Member and Exchange Commission (‘‘SEC’’ or trades in certain non-listed FLEX provided this information to Exchange ‘‘Commission’’) the proposed rule options at the specialist post of the non- staff who entered it into Exchange 5 change as described in Items I, II, and FLEX option on the Exchange. The systems. III below, which Items have been Requesting Member is a Phlx member, Because most Exchange specialists no prepared by the Exchange. The qualified to trade FLEX options longer have a presence on the Commission is publishing this notice to pursuant to paragraph (c) of Rule 1079, Exchange’s trading floor, and are solicit comments on the proposed rule who initiates a FLEX Request For therefore unable to trade FLEX options, change from interested persons. Quotes (‘‘RFQ’’) pursuant to Rule and because Exchange specialists 4 (remote or otherwise) may have no I. Self-Regulatory Organization’s 1079(b). FLEX options are not continuously quoted and series are not interest in being an assigned FLEX Statement of the Terms of Substance of Specialist in any event, the Exchange the Proposed Rule Change pre-established. Moreover, the Exchange’s electronic quoting and proposes to revert to Rule 1079(b)(1) The Exchange proposes to amend trading system is not available for FLEX largely as it read prior to the 2013 Exchange Rule 1079, FLEX Index, options. The variable terms of FLEX Amendments. That language did not Equity, and Currency Options, at options are established through the require the participation of a FLEX Section (b), Procedure for Quoting and process described in Rule 1079. Specialist to initiate a FLEX trade. As Trading FLEX Options. Pursuant to the 2013 Amendments, revised, the rule will once again permit The text of the proposed rule change the Exchange revised a number of its FLEX transactions to be initiated is available on the Exchange’s Web site FLEX rules, which it stated were without the participation of a specialist at http://nasdaqphlx.cchwallstreet. intended to be similar to those of NYSE so long as all other requirements of Rule com/, at the principal office of the MKT LLC (‘‘Amex’’). Rule 1079(b)(1) Exchange, and at the Commission’s was revised to require the Requesting 5 See Securities Exchange Act Release No. 39549 Public Reference Room. (January 14, 1998), 63 FR 3601 (January 23, 1998) Member to submit to the FLEX (Order Approving Proposed Rule Change and II. Self-Regulatory Organization’s Specialist an RFQ utilizing for that Notice of Filing and Order Granting Accelerated Statement of the Purpose of, and purpose the forms, formats and Approval of Amendment Nos. 2, 4, and 5 to the procedures established by the Exchange. Proposed Rule Change by the Philadelphia Stock Statutory Basis for, the Proposed Rule Exchange, Inc., Relating to the Listing of Flexible Change The 2013 Amendments also amended Exchange Traded Equity and Index Options) (SR– Rule 1079(b)(1) to provide that, on Phlx–96–38) (the ‘‘1998 Approval Order’’) at In its filing with the Commission, the receipt of an RFQ in proper form, the footnote 36. The 2013 Amendments also revised Exchange included statements assigned FLEX Specialist shall cause the Rule 1079(b)(1) by eliminating the original concerning the purpose of and basis for requirement that the assigned Specialist or the Requesting Member cause the terms of the RFQ to the proposed rule change and discussed 3 See Securities Exchange Act Release No. 69586 be disseminated as an OPRA text message, and by any comments it received on the (May 15, 2013), 78 FR 29797 (May 21, 2013) (SR– substituting for that original requirement a proposed rule change. The text of these Phlx–2013–50) (Notice of Filing and Immediate statement, in passive voice that does not specify on statements may be examined at the Effectiveness of Proposed Rule Change Relating to whom the obligation is imposed, that the terms and FLEX Options). specifications of the RFQ ‘‘shall be disseminated as 4 All transactions must be in compliance with an administrative text message through OPRA.’’ As 24 17 CFR 200.30–3(a)(12). Section 11(a) of the Securities Exchange Act of 1934 a matter of practice today, the Requesting Member 1 15 U.S.C. 78s(b)(1). and the rules promulgated thereunder, which may still provides this information to Exchange staff 2 17 CFR 240.19b–4. include yielding priority to customer orders. who enter it into Exchange systems.

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1079 have been met, consistent with the appear to have been inadequately Specialist participate in the initiation of intent of the original proposed rule considered by the Exchange when the every FLEX transaction which, given the change adopting the Rule 1079 requirement was initially adopted in the general absence of specialists on the provisions applicable to FLEX equity 2013 Amendments as a very small part Exchange trading floor, may needlessly and index options.6 of a more extensive set of amendments constrain FLEX trading. Importantly, as The Exchange did not intend for the to Rule 1079 dealing with unrelated stated above, the Exchange’s 2013 2013 Amendments to expand the role of matters.8 As noted above, the Exchange Amendments did not advance a a FLEX Specialist beyond the provisions advanced no policy reason for the particular policy or reason for amending of Rule 1079(b)(1) that the Exchange is requirement when it was adopted other the Rule 1079(b)(1) language or the now proposing to roll back to their than a general desire to track the language in Rule 1079(b)(3) permitting wording prior to the 2013 Amendments. language of another exchange’s FLEX the Requesting Member to determine the Because the Exchange did not intend for rule. It identified no problem that the BBO in the absence of an assigned the 2013 Amendments to expand the Specialist participation requirement was Specialist, other than a general intent to role of a FLEX Specialist in any case, intended to remedy. The Exchange now track Amex rule language. There is the current proposed change to roll Rule desires to eliminate the needless consequently no policy reason not to 1079(b)(1) back to its wording prior to requirement, originally added in the return the rule language to the wording the 2013 Amendments will have no 2013 Amendments for no substantive as it existed prior to the 2013 collateral consequences for the FLEX reason, and return Rule 1079(b)(1) to its Amendments. trading process under the rest of Rule previous language pursuant to which B. Self-Regulatory Organization’s 1079’s provisions. In particular, the FLEX option transactions have been Statement on Burden on Competition Exchange notes that the BBO (the best successfully executed since the 1998 bid, offer or both, as applicable, entered Approval Order. The Exchange does not believe that in response to an RFQ) can be Finally, the Exchange proposes to amendments proposed herein will determined by the Requesting Member, amend the introductory language to impose any burden on competition not without the assistance or intervention of Rule 1079, which provides that a necessary or appropriate in furtherance a FLEX Specialist, consistent with the Requesting Member shall obtain quotes of the purposes of the Act inasmuch as original 1998 Approval Order.7 and execute trades in certain non-listed they simply reinstate previous Exchange Removing the requirement that a FLEX FLEX options at the specialist post of rule language which had been approved Specialist receive the RFQ and the non-FLEX option on the Exchange. by the Commission, and remove an announce its terms and conditions to The Exchange proposes to delete the outdated reference to the specialist post. the crowd should have no effect on the reference to the ‘‘specialist’’ post, which C. Self-Regulatory Organization’s remaining processes outlined in Rule is a term no longer commonly used at Statement on Comments on the 1079 for the trading in FLEX options. the Exchange. Rather, the area where an Proposed Rule Change Received From In practice, initially due to oversight option is traded is now simply referred Members, Participants, or Others by Exchange staff, the Exchange has not to as a post.9 required the participation of an assigned No written comments were either FLEX Specialist as provided for in the 2. Statutory Basis solicited or received. 2013 Amendments but has instead The Exchange believes that its III. Date of Effectiveness of the continued to permit FLEX trading to proposal is consistent with Section 6(b) Proposed Rule Change and Timing for occur without an assigned FLEX of the Act,10 in general, and furthers the Commission Action Specialist, just as FLEX trading has been objectives of Section 6(b)(5) of the Act,11 Because the foregoing proposed rule conducted since the original 1998 in particular, in that it is designed to change does not: (i) Significantly affect Approval Order. Further, the negative promote just and equitable principles of the protection of investors or the public practical effects of the superfluous FLEX trade, to remove impediments to and interest; (ii) impose any significant Specialist participation requirement perfect the mechanism of a free and burden on competition; and (iii) become open market and a national market operative for 30 days from the date on 6 The 1998 Approval Order specifically system, and, in general to protect which it was filed, or such shorter time anticipated that FLEX trading may occur without investors and the public interest, as the Commission may designate, it has the participation of a Specialist, stating that ‘‘the because the Commission has previously Exchange also notes that there may not be a become effective pursuant to Section Specialist in FLEX options’’ and that ‘‘[a]t least two approved the proposed language in the 19(b)(3)(A)(iii) of the Act 12 and Exchange members (ROTs and/or a Specialist) shall 1998 Approval Order. The proposal subparagraph (f)(6) of Rule 19b–4 be assigned to each FLEX option. If there is an eliminates a requirement that a FLEX assigned Specialist and an assigned ROT, the FLEX thereunder.13 option will trade pursuant to the specialist system, At any time within 60 days of the 8 just as non-FLEX options currently do on the For example, the Exchange stated in the 2013 filing of the proposed rule change, the Amendments that it proposed to adopt rules, Exchange. If, however, there is no assigned Commission summarily may Specialist in a FLEX option, two assigned ROTs are similar to Amex, which require a Requesting required for that FLEX option to trade.’’ If there Member to submit to the FLEX Specialist an RFQ temporarily suspend such rule change if were no assigned FLEX Specialist, the process for and that on receipt of an RFQ in proper form, the it appears to the Commission that such trading the FLEX option would unfold between and assigned FLEX Specialist shall cause the terms and action is: (i) Necessary or appropriate in specifications to be immediately announced at the among the crowd participants, without involvement the public interest; (ii) for the protection of an assigned FLEX Specialist, as described in Rule post. The proposed rule change thus assumed the 1079. The Exchange notes that the 2013 existence of a FLEX Specialist even though the of investors; or (iii) otherwise in Amendments also eliminated the rule previously FLEX rules at the time provided for FLEX trading found at Rule 1079(b)(5)(B) providing for the without any FLEX Specialist. 12 15 U.S.C. 78s(b)(3)(A)(iii). 9 maintenance by a specialist of a FLEX book and For the same reason, in the proposed 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– governing trading with booked FLEX orders. amendments to Rule 1079(b)(1) the Exchange is 4(f)(6) requires a self-regulatory organization to give 7 Prior to the 2013 Amendments, former Rule using the term ‘‘post’’ rather than the term the Commission written notice of its intent to file 1079(b)(3) specifically provided that the Requesting ‘‘specialist post’’ that was used in the Rule the proposed rule change at least five business days Member was to determine the BBO if there were no 1079(b)(1) language in place prior to the 2013 prior to the date of filing of the proposed rule assigned Specialist. The Exchange proposes to Amendments. change, or such shorter time as designated by the reinsert this language into Rule 1079(b)(3), for 10 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this clarity. 11 15 U.S.C. 78f(b)(5). requirement.

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furtherance of the purposes of the Act. For the Commission, by the Division of document and the ICC Risk If the Commission takes such action, the Trading and Markets, pursuant to delegated Management Framework. These Commission shall institute proceedings authority.14 revisions do not require any changes to to determine whether the proposed rule Brent J. Fields, the ICC Clearing Rules. should be approved or disapproved. Secretary. Specifically, ICC proposes to [FR Doc. 2016–26907 Filed 11–7–16; 8:45 am] IV. Solicitation of Comments introduce minimum instrument BILLING CODE 8011–01–P liquidity requirements independent of Interested persons are invited to instrument maturities. ICC’s current submit written data, views, and approach features instrument liquidity arguments concerning the foregoing, SECURITIES AND EXCHANGE requirements that decay with time to including whether the proposed rule COMMISSION maturity for fixed credit spread levels. change is consistent with the Act. [Release No. 34–79220; File No. SR–ICC– The proposed approach introduces Comments may be submitted by any of 2016–010] minimum liquidity requirements for the following methods: individual instruments, independent of Electronic Comments Self-Regulatory Organizations; ICE time to maturity for the considered Clear Credit LLC; Order Approving instruments. ICC believes the proposal • Use the Commission’s Internet Proposed Rule Change To Revise the thus establishes minimum liquidity comment form (http://www.sec.gov/ ICC Risk Management Model charges that do not decay over time as rules/sro.shtml); or Description Document and the ICC maturity is approached. The revised • Send an email to rule-comments@ Risk Management Framework calculation for single name CDS sec.gov. Please include File Number SR– liquidity charges at the instrument level Phlx–2016–107 on the subject line. November 2, 2016 will incorporate a price-based bid-offer Paper Comments I. Introduction width (‘‘BOW’’) floor component, which ICC asserts will provide stability of • On July 15, 2016, ICE Clear Credit Send paper comments in triplicate requirements, as well as a dynamic LLC (‘‘ICC’’) filed with the Securities to Brent J. Fields, Secretary, Securities spread-based BOW component, which and Exchange Commission and Exchange Commission, 100 F Street ICC asserts will reflect the additional (‘‘Commission’’), pursuant to Section NE., Washington, DC 20549–1090. risk associated with distressed market 19(b)(1) of the Securities Exchange Act All submissions should refer to File conditions. The values of such price- of 1934 (‘‘Act’’) 1 and Rule 19b–4 Number SR–Phlx–2016–107. This file based BOW and spread-based BOW will thereunder,2 a proposed rule change to number should be included on the be fixed factors, which will be subject revise the ICC Risk Management subject line if email is used. To help the to at least monthly reviews and updates Framework to incorporate changes to Commission process and review your by ICC Risk Management Department the single name credit default swap comments more efficiently, please use with consultation with the Risk (‘‘CDS’’) liquidity charge methodology only one method. The Commission will Committee. and make additional minor, clarifying post all comments on the Commission’s ICC also proposes enhancements to Internet Web site (http://www.sec.gov/ changes (SR–ICC–2016–010). The proposed rule change was published for the liquidity charge calculation at the rules/sro.shtml). risk factor level. ICC’s current risk factor Copies of the submission, all comment in the Federal Register on August 4, 2016.3 On September 15, level liquidity requirements are based subsequent amendments, all written on forward CDS spread levels. Under statements with respect to the proposed 2016, the Commission extended the time period in which to either approve, the revised calculation, liquidity rule change that are filed with the charges at the risk factor level will be Commission, and all written disapprove, or institute proceedings to determine whether to disapprove the computed by first calculating the communications relating to the liquidity requirements for each proposed rule change between the proposed rule change to November 2, 2016.4 The Commission did not receive individual instrument position in the Commission and any person, other than portfolio, and then summing all those that may be withheld from the comments on the proposed rule change. For the reasons discussed below, the instrument liquidity requirements for public in accordance with the positions with the same directionality, provisions of 5 U.S.C. 552, will be Commission is approving the proposed rule change. i.e. bought or sold protection. The risk available for Web site viewing and factor liquidity requirement will be the printing in the Commission’s Public II. Description of the Proposed Rule greatest liquidity requirement associated Reference Room, 100 F Street NE., Change with either the sum of all bought Washington, DC 20549, on official ICC proposes revising the ICC Risk protection position liquidity business days between the hours of Management Framework to incorporate requirements, or the sum of all sold 10:00 a.m. and 3:00 p.m. Copies of the certain risk model enhancements related protection position liquidity filing also will be available for to its single name CDS liquidity charge requirements. ICC is not proposing any inspection and copying at the principal methodology. ICC also proposes minor changes to the liquidity charge office of the Exchange. All comments clarifying edits to the ICC Risk calculation at the portfolio level. ICC received will be posted without change; Management Model Description expects these enhancements will ensure the Commission does not edit personal more stable liquidity requirements for identifying information from 14 17 CFR 200.30–3(a)(12). instruments across the curve and submissions. You should submit only 1 15 U.S.C. 78s(b)(1). simplify ICC’s liquidity charge information that you wish to make 2 17 CFR 240.19b–4. methodology, which ICC believes available publicly. 3 Securities Exchange Act Release No. 34–78448 should promote ease of understanding. All submissions should refer to File (July 29, 2016), 81 FR 51532 (Aug. 4, 2016) (SR– In ICC’s view, the current risk factor Number SR–Phlx–2016–107 and should ICC–2016–010). 4 Securities Exchange Act Release No. 34–78846 level liquidity requirements, based on be submitted on or before November 29, (Sept. 15, 2016), 81 FR 64574 (Sept. 20, 2016) (SR– forward CDS spread levels, are, in 2016. ICC–2016–010). general, more difficult to replicate due

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to the need for knowledge of spread that the proposed rule change is proposed rule change (File No. SR–ICC– levels across the entire term structure. consistent with the requirements of the 2016–010) be, and hereby is, Additionally, to facilitate replication Act and the rules and regulations approved.12 of the enhanced liquidity charge thereunder applicable to such self- For the Commission, by the Division of calculations, ICC will provide end-of- regulatory organization. Section Trading and Markets, pursuant to delegated day data for instruments in which 17A(b)(3)(F) of the Act 6 requires, among authority.13 clients have open positions, allowing for other things, that the rules of a clearing Brent J. Fields, additional transparency and easier agency are designed to promote the Secretary. replication for clients who wish to prompt and accurate clearance and [FR Doc. 2016–26906 Filed 11–7–16; 8:45 am] estimate liquidity charges for settlement of securities transactions BILLING CODE 8011–01–P hypothetical and current positions. and, to the extent applicable, derivative ICC also proposes updating liquidity agreements, contracts, and transactions scaling factors to reflect the and to comply with the provisions of methodology enhancements. There is no SECURITIES AND EXCHANGE the Act and the rules and regulations COMMISSION price based component under the thereunder. current methodology. To reflect the The Commission finds that the Sunshine Act Meeting introduction of a price based proposed rule change is consistent with component, the liquidity scaling factors the requirements of Section 17A of the Notice is hereby given, pursuant to will be decomposed and adjusted in Act 7 and the rules and regulations the provisions of the Government in the order to maintain the same overall thereunder applicable to ICC. ICC Sunshine Act, Public Law 94–409, that composition with both price and spread asserts that the proposed change will the Securities and Exchange based components. simplify its initial margin methodology Commission will hold a closed meeting ICC has also proposed minor and lead to more stable initial margin on Thursday, November 10, 2016, at 2 clarifying edits to the ICC Risk requirements. The Commission believes p.m. Management Framework and the ICC that ICC’s proposed revisions to the ICC Commissioners, Counsel to the Risk Management Model Description Risk Management Framework and the Commissioners, the Secretary to the document. ICC will add language to the ICC Risk Model Description Document, Commission, and recording secretaries Overview section of the Risk including the introduction of minimum will attend the closed meeting. Certain Management Framework to identify liquidity requirements for the relevant staff members who have an interest in which ICC documents provide instruments that do not decay over time additional details regarding ICC’s risk the matters also may be present. and therefore are independent of management approach. ICC will add The General Counsel of the instrument maturities, are reasonably language to the Governance and Commission, or her designee, has designed to meet the margin and Organization section of the Risk certified that, in her opinion, one or financial resource requirements of Rule Management Framework to note that the more of the exemptions set forth in 5 17Ad–22(b)(2–3).8 In addition, the reporting line of ICC’s Chief Risk Officer U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) Commission believes that the revised to the Chairperson of the ICC Risk and 17 CFR 200.402(a)(3), (a)(5), (a)(7), methodology should assist market Committee, who is also a non-executive (a)(9)(ii), and (a)(10), permit participants clearing or deciding manager on the Board, allows the Chief consideration of the scheduled matter at whether to clear instruments through Risk Officer to bring any issues or the closed meeting. ICC to estimate liquidity charges for concerns directly to the Board without Chair White, as duty officer, voted to hypothetical and current positions. This intermediation by other ICC personnel. consider the items listed for the closed enhancement in transparency is ICC will also make edits to the meeting in closed session. consistent with Rule 17Ad–22(d)(9),9 Governance and Organization section of The subject matter of the closed which requires clearing agencies to the Risk Management Framework to meeting will be: establish, implement, maintain, and revise the list of documents reviewed by enforce policies and procedures Institution and settlement of the Risk Committee on at least an reasonably designed to provide market administrative proceedings; and annual basis to include the ICC End-of- participants with sufficient information Other matters relating to enforcement Day Price Discovery Policies and for them to identify and evaluate the proceedings. Procedures and the ICC Operational risks and costs associated with using its At times, changes in Commission Risk Management Framework. Finally, service. priorities require alterations in the ICC will add minor clarifying details to scheduling of meeting items. the technical calculation descriptions IV. Conclusion For further information and to set forth in the ICC Risk Management On the basis of the foregoing, the Model Description document, ascertain what, if any, matters have been Commission finds that the proposal is added, deleted or postponed, please specifically in the Recovery Rate consistent with the requirements of the Sensitivity Risk Analysis, Interest Rate contact Brent J. Fields from the Office of Act and in particular with the the Secretary at (202) 551–5400. Sensitivity Risk Analysis, Spread Risk requirements of Section 17A of the Analysis, and Guaranty Fund Size Act 10 and the rules and regulations Dated: November 3, 2016. Estimation sections. thereunder. Brent J. Fields, III. Discussion and Commission It is therefore ordered, pursuant to Secretary. Findings Section 19(b)(2) of the Act,11 that the [FR Doc. 2016–27029 Filed 11–4–16; 11:15 am] Section 19(b)(2)(C) of the Act 5 directs BILLING CODE 8011–01–P 6 15 U.S.C. 78q–1(b)(3)(F). the Commission to approve a proposed 7 15 U.S.C. 78q–1. 12 In approving the proposed rule change, the rule change of a self-regulatory 8 17 CFR 240.17Ad–22(b)(2–3). Commission considered the proposal’s impact on organization if the Commission finds 9 17 CFR 240.17Ad–22(d)(9). efficiency, competition and capital formation. 15 10 15 U.S.C. 78q–1. U.S.C. 78c(f). 5 15 U.S.C. 78s(b)(2)(C). 11 15 U.S.C. 78s(b)(2). 13 17 CFR 200.30–3(a)(12).

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SMALL BUSINESS ADMINISTRATION the State of Florida (FEMA–4283–DR), FOR FURTHER INFORMATION CONTACT: A. dated 10/24/2016. Escobar, Office of Disaster Assistance, [Disaster Declaration #14911 and #14912] Incident: Hurricane Matthew. U.S. Small Business Administration, North Carolina Disaster Number NC– Incident Period: 10/03/2016 through 409 3rd Street SW., Suite 6050, 00081 10/19/2016. Washington, DC 20416 DATES: Effective Date: 10/27/2016. SUPPLEMENTARY INFORMATION: Notice is AGENCY: U.S. Small Business Physical Loan Application Deadline hereby given that as a result of the Administration. Date: 12/23/2016. President’s major disaster declaration on ACTION: Amendment 10. Economic Injury (EIDL) Loan 10/31/2016, Private Non-Profit Application Deadline Date: 07/24/2017. organizations that provide essential SUMMARY: This is an amendment of the ADDRESSES: Submit completed loan services of governmental nature may file Presidential declaration of a major applications to: U.S. Small Business disaster loan applications at the address disaster for the State of North Carolina Administration, Processing and listed above or other locally announced (FEMA–4285–DR), dated 10/10/2016. Disbursement Center, 14925 Kingsport locations. Incident: Hurricane Matthew. Road, Fort Worth, TX 76155. The following areas have been Incident Period: 10/04/2016 and FOR FURTHER INFORMATION CONTACT: A. determined to be adversely affected by continuing. Escobar, Office of Disaster Assistance, the disaster: Effective Date: 10/31/2016. U.S. Small Business Administration, Primary Counties: Allamakee, Benton, Physical Loan Application Deadline 409 3rd Street SW., Suite 6050, Black Hawk, Bremer, Buchanan, Date: 12/09/2016. Washington, DC 20416. Butler, Cerro Gordo, Chickasaw, EIDL Loan Application Deadline Date: Clayton, Delaware, Des Moines, 07/10/2017. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster Fayette, Floyd, Franklin, Howard, ADDRESSES: Submit completed loan declaration for Private Non-Profit Linn, Mitchell, Winneshiek, Wright. applications to: U.S. Small Business organizations in the State of FLORIDA, Administration, Processing and The Interest Rates are: dated 10/24/2016, is hereby amended to Disbursement Center, 14925 Kingsport include the following areas as adversely Percent Road, Fort Worth, TX 76155. affected by the disaster. FOR FURTHER INFORMATION CONTACT: A. Primary Counties: Bradford, Lake, For Physical Damage: Non-Profit Organizations With Escobar, Office of Disaster Assistance,, Seminole. U.S. Small Business Administration, Credit Available Elsewhere ... 2.625 409 3rd Street SW., Suite 6050, All other information in the original Non-Profit Organizations With- Washington, DC 20416. declaration remains unchanged. out Credit Available Else- where ...... 2.625 SUPPLEMENTARY INFORMATION: The notice (Catalog of Federal Domestic Assistance For Economic Injury: of the Presidential disaster declaration Numbers 59002 and 59008) Non-Profit Organizations With- for the State of North Carolina, dated out Credit Available Else- James E. Rivera, 10/10/2016 is hereby amended to where ...... 2.625 include the following areas as adversely Associate Administrator for Disaster Assistance. affected by the disaster: The number assigned to this disaster [FR Doc. 2016–26887 Filed 11–7–16; 8:45 am] Primary Counties: (Physical Damage and for physical damage is 14956B and for BILLING CODE 8025–01–P Economic Injury Loans): economic injury is 14957B. Brunswick, Halifax. (Catalog of Federal Domestic Assistance All counties contiguous to the above SMALL BUSINESS ADMINISTRATION Number 59008) listed county have previously been James E. Rivera, declared. [Disaster Declaration #14956 and #14957] Associate Administrator for Disaster All other information in the original Iowa Disaster #IA–00069 Assistance. declaration remains unchanged. [FR Doc. 2016–26882 Filed 11–7–16; 8:45 am] AGENCY: U.S. Small Business (Catalog of Federal Domestic Assistance BILLING CODE 8025–01–P Number 59008) Administration ACTION: Notice James E. Rivera, SMALL BUSINESS ADMINISTRATION Associate Administrator for Disaster SUMMARY: This is a Notice of the Assistance. Presidential declaration of a major [Disaster Declaration #14947 and #14948] [FR Doc. 2016–26886 Filed 11–7–16; 8:45 am] disaster for Public Assistance Only for Wisconsin Disaster #WI–00055 BILLING CODE 8025–01–P the State of Iowa (FEMA–4289–DR), dated 10/31/2016. AGENCY: U.S. Small Business Incident: Severe Storms and Flooding. Administration. SMALL BUSINESS ADMINISTRATION Incident Period: 09/21/2016 through 10/03/2016. ACTION: Notice. [Disaster Declaration #14936 and #14937] Effective Date: 10/31/2016. SUMMARY: This is a notice of an Physical Loan Application Deadline Florida Disaster Number FL–00120 Administrative declaration of a disaster Date: 12/30/2016. for the State of WISCONSIN dated 10/ AGENCY: U.S. Small Business Economic Injury (EIDL) Loan 31/2016. Administration. Application Deadline Date: 07/31/2017. Incident: Severe Storms and Flash ACTION: Amendment 3. ADDRESSES: Submit completed loan Flooding. applications to: U.S. Small Business Incident Period: 09/22/2016. SUMMARY: This is an amendment of the Administration, Processing and Effective Date: 10/31/2016. Presidential declaration of a major Disbursement Center, 14925 Kingsport Physical Loan Application Deadline disaster for Public Assistance Only for Road, Fort Worth, TX 76155. Date: 12/30/2016.

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Economic Injury (EIDL) Loan SMALL BUSINESS ADMINISTRATION amended, this notice announces a Application Deadline Date: 07/31/2017. renewal of an existing computer [Disaster Declaration #14934 and #14935] matching program that we are currently ADDRESSES: Submit completed loan applications to: U.S. Small Business Georgia Disaster Number GA–00082 conducting with Source Jurisdiction. Administration, Processing and DATES: We will file a report of the AGENCY: U.S. Small Business Disbursement Center, 14925 Kingsport subject matching program with the Administration. Road, Fort Worth, TX 76155. Committee on Homeland Security and ACTION: Amendment 1. Governmental Affairs of the Senate; the FOR FURTHER INFORMATION CONTACT: A. Committee on Oversight and SUMMARY: This is an amendment of the Escobar, Office of Disaster Assistance, Government Reform of the House of Presidential declaration of a major U.S. Small Business Administration, Representatives; and the Office of disaster for Public Assistance Only for 409 3rd Street SW., Suite 6050, Information and Regulatory Affairs, the State of GEORGIA (FEMA–4284– Washington, DC 20416. Office of Management and Budget DR), dated 10/20/2016. SUPPLEMENTARY INFORMATION: Notice is (OMB). The matching program will be Incident: Hurricane Matthew. effective as indicated below. hereby given that as a result of the Incident Period: 10/04/2016 through Administrator’s disaster declaration, 10/15/2016. ADDRESSES: Interested parties may applications for disaster loans may be Effective Date: 10/27/2016. comment on this notice by either filed at the address listed above or other Physical Loan Application Deadline telefaxing to (410) 966–0869 or writing locally announced locations. Date: 12/19/2016. to the Acting Executive Director, Office The following areas have been Economic Injury (EIDL) Loan of Privacy and Disclosure, Office of the determined to be adversely affected by Application Deadline Date: 07/20/2017. General Counsel, Social Security the disaster: ADDRESSES: Submit completed loan Administration, 617 Altmeyer Building, Primary Counties: Vernon. applications to: U.S. Small Business 6401 Security Boulevard, Baltimore, MD 21235–6401. All comments received Contiguous Counties: Administration, Processing and Disbursement Center, 14925 Kingsport will be available for public inspection at Wisconsin: Crawford, Juneau, La Road, Fort Worth, TX 76155. this address. Crosse, Monroe, Richland, Sauk. FOR FURTHER INFORMATION CONTACT: A. FOR FURTHER INFORMATION CONTACT: The Iowa: Allamakee. Escobar, Office of Disaster Assistance, Acting Executive Director, Office of Minnesota: Houston. U.S. Small Business Administration, Privacy and Disclosure, Office of the General Counsel, as shown above. The Interest Rates are: 409 3rd Street SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Percent SUPPLEMENTARY INFORMATION: The notice A. General of the President’s major disaster For Physical Damages: declaration for Private Non-Profit The Computer Matching and Privacy Homeowners with Credit Avail- organizations in the State of Georgia, Protection Act of 1988 (Public Law able Elsewhere ...... 3.125 dated 10/20/2016, is hereby amended to (Pub. L.) 100–503), amended the Privacy Homeowners without Credit Act (5 U.S.C. 552a) by describing the Available Elsewhere ...... 1.563 include the following areas as adversely Businesses with Credit Avail- affected by the disaster. conditions under which computer able Elsewhere ...... 6.250 Primary Counties: Ware. matching involving the Federal government could be performed and Businesses without Credit All other information in the original Available Elsewhere ...... 4.000 adding certain protections for persons declaration remains unchanged. Non-Profit Organizations with applying for, and receiving, Federal Credit Available Elsewhere ... 2.625 (Catalog of Federal Domestic Assistance benefits. Section 7201 of the Omnibus Non-Profit Organizations with- Number 59008) Budget Reconciliation Act of 1990 (Pub. out Credit Available Else- James E. Rivera, L. 101–508) further amended the where ...... 2.625 Privacy Act regarding protections for For Economic Injury: Associate Administrator for Disaster Businesses & Small Agricultural Assistance. such persons. Cooperatives without Credit [FR Doc. 2016–26884 Filed 11–7–16; 8:45 am] The Privacy Act, as amended, Available Elsewhere ...... 4.000 BILLING CODE 8025–01–P regulates the use of computer matching Non-Profit Organizations with- by Federal agencies when records in a out Credit Available Else- system of records are matched with where ...... 2.625 other Federal, State, or local government SOCIAL SECURITY ADMINISTRATION records. It requires Federal agencies The number assigned to this disaster [Docket No. SSA 2016–0031] involved in computer matching for physical damage is 14947 6 and for programs to: economic injury is 14948 0. Privacy Act of 1974, as Amended; (1) Negotiate written agreements with Computer Matching Program (SSA/Law The States which received an EIDL the other agency or agencies Enforcement Agency (Source participating in the matching programs; Declaration # are Wisconsin, Iowa, Jurisdiction))—Match Number 5001 Minnesota. (2) Obtain approval of the matching agreement by the Data Integrity Boards (Catalog of Federal Domestic Assistance AGENCY: Social Security Administration Number 59008) (SSA). of the participating Federal agencies; ACTION: Notice of a renewal of an (3) Publish notice of the computer Dated: October 31, 2016. matching program in the Federal Maria Contreras-Sweet, existing computer matching program that will expire on April 9, 2017. Register; Administrator. (4) Furnish detailed reports about [FR Doc. 2016–26885 Filed 11–7–16; 8:45 am] SUMMARY: In accordance with the matching programs to Congress and BILLING CODE 8025–01–P provisions of the Privacy Act, as OMB;

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(5) Notify applicants and beneficiaries also prohibit payment of SSI, RSDI, or 2007, published at 72 FR 69723; Master that their records are subject to SVB benefits to a recipient/beneficiary Beneficiary Record (MBR), SSA/ORSIS matching; and in jurisdictions that do not define such 60–0090, published at 71 FR 1826 on (6) Verify match findings before crimes as felonies, but as crimes January 11, 2006 and updated on reducing, suspending, terminating, or punishable by death or imprisonment December 10, 2007 at 72 FR 69723 and denying a person’s benefits or for a term exceeding 1 year (regardless on July 5, 2013 at 78 FR 40542; Master payments. of the actual sentence imposed), and to Representative Payee File, SSA/NCC an individual who violates a condition 60–0222, published on April 22, 2013 B. SSA Computer Matches Subject to the of probation or parole imposed under (78 FR 23811); and, Master Files of Privacy Act Federal or state law. As a result of a Social Security Number Holders and We have taken action to ensure that settlement of a nationwide class action SSN Applications, SSA/OTSO 60–0058, all of our computer matching programs in Martinez v. Astrue, No. 08–4735 published on December 29, 2010 (75 FR comply with the requirements of the (N.D. Cal. September 24, 2009) 82121) and updated on July 5, 2013 (78 Privacy Act, as amended. (Martinez Settlement), our nonpayment FR 40542) and February 13, 2014 (79 FR Glenn Sklar, of benefits under these sections of the 8780). The Alphident file comes under Act is limited to individuals with this system of record. Acting Executive Director, Office of Privacy The Source Jurisdiction will provide and Disclosure, Office of the General Counsel. certain flight-coded or escape-coded warrants. Further, as a result of a specific data elements for individuals as Notice of Computer Matching settlement of a nationwide class action specified in Attachment A. Our Data Program, SSA with the Law in Clark v. Astrue, 06 Civ. 15521 (S.D. Elements Matched: SSR/SVB and MBR: Enforcement Agency (Source NY, April 13, 2012) (Clark Court Order), Individual’s SSN and payment status; Jurisdiction) our nonpayment of benefits under these Master Files of SSN Holders and SSN Applications: Individual’s name, date of A. Participating Agencies sections of the Act cannot be based solely on the existence of parole or birth, SSN, and gender; Master SSA and Source Jurisdiction. probation arrest warrants. Sections Representative Payee File: Individual’s B. Purpose of the Matching Program 1631(a)(2)(B)(iii)(V), 205(j)(2)(C)(i)(V), SSN and status as a representative and 807(d)(1)(E) of the Act (42 U.S.C. payee. The purpose of this matching program 1383(a)(2)(B)(iii)(V), 405(j)(2)(C)(i)(V), The purpose of using the Alphident is to establish the terms, conditions, and 1007(d)(1)(E)), which prohibit us from file under this agreement is to locate an safeguards under which we will using a person as a representative payee individual’s SSN by name search. We conduct a computer matching program when such person is a person described will use the Alphident file when the with Source Jurisdiction in accordance in sections 1611(e)(4)(A), Source Jurisdiction either fails to with the Privacy Act of 1974, as 202(x)(1)(A)(iv), or 804(a)(2) of the Act. provide an SSN or provides an incorrect amended by the Computer Matching The legal authority for our disclosure SSN for the named individual. The and Privacy Protection Act of 1988 (5 of information to the Source Jurisdiction Alphident file allows us to locate the U.S.C. 552a), and the regulations and is: Sections 1106(a), 1611(e)(5), SSN by utilizing electronic data systems guidance promulgated thereunder, to 1631(a)(2)(B)(xiv), 202(x)(3)(C), currently available. We match the name identify individuals in the Source 205(j)(2)(B)(iii) and 807(b)(3) of the Act; and date of birth data received from the Jurisdiction who are (1) fleeing fugitive the Privacy Act of 1974, as amended by Source Jurisdiction against the felons, parole violators, or probation the Computer Matching and Privacy Alphident file. If both sets of data match violators, as defined by the Social Protection Act of 1988 (5 U.S.C. only one record in our file, we assume Security Act (Act) and in accordance 552a(b)(3)); and our disclosure that the SSN associated with the with the Martinez Settlement and the regulations promulgated at 20 CFR matched name and date of birth belongs Clark Court Order, as defined below; 401.150. The settlement terms in to the person named by the Source and who are also (2) Supplemental Martinez v. Astrue and Clark v. Astrue Jurisdiction. We then treat the Security Income (SSI) recipients, do not restrict this disclosure authority individual whose SSN was generated Retirement, Survivors and Disability in any manner. through the Alphident search in the Insurance (RSDI) beneficiaries, Special same manner as those individuals Veterans Benefit (SVB) beneficiaries, or D. Categories of Records and Persons whose SSNs provided by the Source Covered by the Matching Program representative payees for SSI recipients, Jurisdiction matched our records. If the RSDI beneficiaries, or SVB beneficiaries. The Source Jurisdiction will identify name of an individual matches with a individuals who are fleeing fugitive single SSN in our records, we assume C. Authority for Conducting the felons, probation violators, or parole that the SSN associated with the Matching Program violators in its records originating from matching record belongs to the Sections 1611(e)(4)(A), 202(x)(l)(A)(iv) various databases. The Source individual in the Source Jurisdiction’s and (v), and 804(a)(2) and (3) of the Act Jurisdiction will prepare and disclose its records, even if the date of birth does (42 U.S.C. 1382(e)(4)(A), 402(x)(l)(A)(iv) records electronically (e.g., Government not match. We then considers this a and (v), and 1004(a)(2) and (3)) prohibit to Government Services Online) with matched item. the payment of SSI, RSDI, or SVB clear identification of the record source. benefits to an SSI recipient, RSDI We will match the following systems of E. Inclusive Dates of the Matching beneficiary, or SVB beneficiary for any records with the incoming Source Program month during which such individual Jurisdiction records to determine The effective date of this matching flees to avoid prosecution, or custody or individuals who receive SSI, RSDI, SVB program is April 10, 2017, provided that confinement after conviction, under the benefits, or individuals serving as the following notice periods have applicable laws of the jurisdiction from representative payees: Supplemental lapsed: 30 days after publication of this which the person flees, for a crime or Security Income Record and Special notice in the Federal Register and 40 attempt to commit a crime considered to Veterans Benefits (SSR/SVB), 60–0103, days after notice of the matching be a felony under the laws of said published at 71 FR 1830 on January 11, program is sent to Congress and OMB. jurisdiction. These sections of the Act 2006 and updated on December 10, The matching program will continue for

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18 months from the effective date and, information on the respondents, accordance with 49 U.S.C. 10707(d)) to if both agencies meet certain conditions, including the use of automated calculate the variable costs associated it may extend for an additional 12 collection techniques or other forms of with providing a particular service. The months thereafter. information technology, when Board also uses this information to more [FR Doc. 2016–26862 Filed 11–7–16; 8:45 am] appropriate; and (4) whether the effectively carry out other regulatory BILLING CODE 4191–02–P collection of information is necessary responsibilities, including: Acting on for the proper performance of the railroad requests for authority to engage functions of the Board, including in Board-regulated financial SURFACE TRANSPORTATION BOARD whether the collection has practical transactions such as mergers, utility. Submitted comments will be acquisitions of control, and 30-Day Notice of Intent To Seek summarized and included in the consolidations, see 49 U.S.C. 11323–24; Extension of Approval: Class I Board’s request for OMB approval. analyzing the information that the Board Railroad Annual Report obtains through the annual railroad Description of Collection industry waybill sample, see 49 CFR AGENCY: Surface Transportation Board. Title: Class I Railroad Annual Report. 1244; measuring off-branch costs in ACTION: Notice and request for OMB Control Number: 2140–0009. railroad abandonment proceedings, in comments. Form Number: R–1. accordance with 49 CFR 1152.32(n); Type of Review: Extension without developing the ‘‘rail cost adjustment SUMMARY: As required by the Paperwork change. factors,’’ in accordance with 49 U.S.C. Reduction Act of 1995, 44 U.S.C. 3501– Respondents: Class I railroads. 10708; and conducting investigations 21 (PRA), the Surface Transportation Number of Respondents: Seven. and rulemakings. Board (STB or Board) gives notice of its Estimated Time per Response: No Under the PRA, a federal agency that intent to seek approval from the Office more than 800 hours. This estimate conducts or sponsors a collection of of Management and Budget (OMB) for includes time spent reviewing information must display a currently an extension of the collection of Class instructions; searching existing data valid OMB control number. A collection I Railroad Annual Reports, described sources; gathering and maintaining the of information, which is defined in 44 below. The Board previously published data needed; completing and reviewing U.S.C. 3502(3) and 5 CFR 1320.3(c), a notice about this collection in the the collection of information; and includes agency requirements that Federal Register. 81 FR 47486 (July 21, converting the data from the carrier’s persons submit reports, keep records, or 2016). That notice allowed for a 60-day individual accounting system to the provide information to the agency, third public review and comment period. No Board’s Uniform System of Accounts parties, or the public. Under 44 U.S.C. comments were received. (USOA), which ensures that the 3506(c)(2)(A), federal agencies are DATES: Comments on this information information will be presented in a required to provide, prior to an agency’s collection should be submitted by consistent format across all reporting submitting a collection to OMB for December 8, 2016. railroads. See 49 U.S.C. 11141–43, approval, a 60-day notice and comment 11161–64; 49 CFR 1200–01. ADDRESSES: Written comments should period through publication in the Frequency of Response: Annual. Federal Register concerning each be identified as ‘‘Paperwork Reduction Total Annual Hour Burden: No more proposed collection of information, Act Comments, Surface Transportation than 5,600 hours annually. Board: Class I Railroad Annual Report.’’ Total Annual ‘‘Non-Hour Burden’’ including each proposed extension of an These comments should be directed to Cost: No ‘‘non-hour cost’’ burdens existing collection of information. Information from certain schedules the Office of Management and Budget, associated with this collection have contained in these reports is compiled Office of Information and Regulatory been identified. The information is and published on the Board’s Web site, Affairs, Attention: Chandana L. submitted electronically. Achanta, Surface Transportation Board Needs and Uses: Annual reports are www.stb.gov. Information in these Desk Officer, by email at required to be filed by Class I railroads reports is not available from any other _ OIRA [email protected]; under 49 U.S.C. 11145. The reports source. by fax at (202) 395–6974; or by mail to show operating expenses and operating Dated: November 2, 2016. Room 10235, 725 17th Street NW., statistics of the carriers. Operating Brendetta S. Jones, Washington, DC 20503. Please also expenses include costs for right-of-way Clearance Clerk. direct comments to Chris Oehrle, and structures, equipment, train and [FR Doc. 2016–26926 Filed 11–7–16; 8:45 am] Surface Transportation Board, 395 E yard operations, and general and BILLING CODE 4915–01–P Street SW., Washington, DC 20423– administrative expenses. Operating 0001, or to [email protected]. statistics include such items as car- FOR FURTHER INFORMATION CONTACT: For miles, revenue-ton-miles, and gross ton- TENNESSEE VALLEY AUTHORITY further information regarding this miles. The reports are used by the collection, contact Pedro Ramirez at Board, other Federal agencies, and [Meeting No. 16–04] (202) 245–0333 or at industry groups to monitor and assess Sunshine Act Meeting Notice [email protected]. [Assistance for railroad industry growth, financial the hearing impaired is available stability, traffic, and operations, and to The TVA Board of Directors will hold through the Federal Information Relay identify industry changes that may a public meeting on November 10, 2016, Service (FIRS) at 1–800–877–8339.] affect national transportation policy. at the Union County Schools Fine Arts SUPPLEMENTARY INFORMATION: Comments Information from this report is also Center, 926 Panther Overlook, are requested concerning: (1) The entered into the Board’s Uniform Rail Blairsville, Georgia. The public may accuracy of the Board’s burden Costing System (URCS), which is a cost comment on any agenda item or subject estimates; (2) ways to enhance the measurement methodology. URCS, at a public listening session which quality, utility, and clarity of the which was developed by the Board begins at 8:30 a.m. (ET). Following the information collected; (3) ways to pursuant to 49 U.S.C. 11161, is used as end of the public listening session, the minimize the burden of the collection of a tool in rail rate proceedings (in meeting will be called to order to

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consider the agenda items listed below. ACTION: RTCA Program Management Minimum Operational Performance On-site registration will be available Committee Meeting. Standards (MOPS) for Air-to-Air until 15 minutes before the public Radar Detect and Avoid (DAA) listening session begins at 8:30 a.m. SUMMARY: The FAA is issuing this notice Systems Phase 1, prepared by SC– (ET). Preregistered speakers will address to advise the public of a meeting of 228 the Board first. TVA management will RTCA Program Management Committee G. Final Draft, Revision to DO–229D answer questions from the news media Meeting. with Change 1- Minimum following the Board meeting. DATES: The meeting will be held Operational Performance Standards Status: Open. December 15, 2016 08:30 a.m.–04:30 for Global Positioning System/ p.m. Satellite-Based Augmentation Agenda ADDRESSES: The meeting will be held at: System Airborne Equipment, Chair’s Welcome RTCA Headquarters, 1150 18th Street prepared by SC–159 Old Business NW., Suite 910, Washington, DC 20036. 4. Integration and Coordination FOR FURTHER INFORMATION CONTACT: Committee (ICC) Approval of minutes of the August 25, A. Suggested Changes to MOPS/ 2016, Board Meeting Karan Hofmann at [email protected] or 202–330–0680, or The RTCA MASPS Drafting Guides—Update New Business Secretariat, 1150 18th Street NW., Suite 5. Past Action Item Review A. Boeing/ARINC Winds Work 1. Report from President and CEO 910, Washington, DC 20036, or by Update—Presentation 2. Report of the Finance, Rates, and telephone at (202) 833–9339, fax at (202) B. Cross Cutting Committee Portfolio Committee 833–9434, or Web site at http:// Membership—Update A. Financial Performance Update www.rtca.org. C. EUROCAE Harmonization Work B. Section 13 Tax Equivalent SUPPLEMENTARY INFORMATION: Pursuant Payments with SC–223 and WG–82—Update to section 10(a)(2) of the Federal D. PBN, Speed, Spacing Task Group 3. Report of the People and Performance Advisory Committee Act (Pub. L. 92– Committee Final Report—Presentation 463, 5 U.S.C., App.), notice is hereby E. Response to Transportation Safety A. Fiscal Year 2016 Performance and given for a meeting of the RTCA Compensation Board of Canada Letter—Update Program Management Committee. The 6. Discussion B. CEO Compensation for Fiscal Year agenda will include the following: 2017 A. SC–159—Navigation Equipment C. Long-term Service Agreements at Thursday, December 15, 2016—8:30 Using the Global Positioning Paradise and Allen a.m.–4:30 p.m. System—Discussion—Ligado Letter B. SC–159—Navigation Equipment 4. Report of the Audit, Risk, and 1. Welcome and Introductions Regulation Committee Using the Global Positioning 2. Review/Approve System—Discussion—Revised TOR 5. Report of the Nuclear Oversight A. Meeting Summary September 22, C. SC–206—Aeronautical Information Committee 2016 Services (AIS) and Meteorological 6. Report of the External Relations B. Administrative Special Committee Data Link Services—Discussion— Committee TOR Revisions A. Charter Revision 3. Publication Consideration/Approval Revised TOR B. Board Practice on External A. Final Draft, New Document— D. SC–225—Rechargeable Lithium Memberships Minimum Aviation System Batteries and Battery Systems— For more information: Please call Performance Standards for Discussion—Update on DO–311 TVA Media Relations at (865) 632–6000, Aeronautical Information/ Revision Knoxville, Tennessee. People who plan Meteorological Data Link Services, E. SC–213—Enhanced Flight Vision to attend the meeting and have special prepared by SC–206 Systems/Synthetic Vision needs should call (865) 632–6000. B. Final Draft, New Document— Systems—Discussion—Revised Anyone who wishes to comment on any Guidance for the Development of TOR of the agenda in writing may send their Portable Electronic Devices (PED) F. SC–223—Internet Protocol Suite comments to: TVA Board of Directors, Tolerance for Civil Aircraft, (IPS) and Aeronautical Mobile Board Agenda Comments, 400 West prepared by SC–234 Airport Communication System— Summit Hill Drive, Knoxville, C. Final Draft, Revised Document, Discussion—Revised TOR Tennessee 37902. DO–307—Aircraft Design and G. NAC—Status Update Certification for Portable Electronic H. TOC—Status Update Dated: November 3, 2016. I. DAC—Status Update Sherry A. Quirk, Device (PED) Tolerance, prepared by SC–234 J. FAA Actions Taken on Previously General Counsel. D. Final Draft, Revision to DO–343— Published Documents—Report [FR Doc. 2016–27044 Filed 11–4–16; 11:15 am] Minimum Aviation System K. Special Committees—Chairmen’s BILLING CODE 8120–08–P Performance Standard for AMS(R)S Reports and Active Inter-Special Data and Voice Communications Committee Requirements Supporting Required Agreements (ISRA)—Review DEPARTMENT OF TRANSPORTATION Communications Performance L. European/EUROCAE (RCP) and Required Surveillance Coordination—Status Update Federal Aviation Administration Performance (RSP) in Procedural 7. Other Business Airspace, prepared by SC–222 8. Schedule for Committee Deliverables RTCA Program Management and Next Meeting Date Committee Meeting E. Final Draft, New Document—Detect and Avoid Minimum Operational 9. New Action Item Summary AGENCY: Federal Aviation Performance Standards Phase I Attendance is open to the interested Administration (FAA), U.S. Department (DAA MOPS), prepared by SC–228 public but limited to space availability. of Transportation (DOT). F. Final Draft, New Document— With the approval of the chairman,

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members of the public may present oral each day of the meetings for members of 14 FDMS), which can be reviewed at statements at the meeting. Persons the public to contribute to the www.dot.gov/privacy. wishing to present statements or obtain discussion and provide oral comments. Future Committee Meetings and information should contact the person Submitting Written Comments Rulemaking Calendar listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public Members of the public may submit Decisions with respect to future may present a written statement to the written comments on the topics to be meeting dates and locations will be committee at any time. considered during the meetings no less made at each meeting and from time to than 2 business days before each of the time thereafter. Notices of all future Issued in Washington, DC on November 3, above scheduled meetings, to Federal meetings will be shown on the FHWA 2016. Docket Management System (FDMS) TTSGP Web site at https:// Mohannad Dawoud, Docket Number FHWA–2016–0002. If flh.fhwa.dot.gov/programs/ttp/ttsgp/ at Management & Program Analyst, Partnership you submit a comment, please include least 15 calendar days prior to each Contracts Branch, ANG–A17, NextGen, the docket number for this notice meeting. Procurement Services Division, Federal Aviation Administration. (FHWA–2016–0002). You may submit Issued on: October 31, 2016. your comments and material online or [FR Doc. 2016–26954 Filed 11–7–16; 8:45 am] Gregory G. Nadeau, by fax, mail, or hand delivery, but BILLING CODE 4910–13–P Administrator, Federal Highway please use only one of these means. The Administration. FHWA recommends that you include [FR Doc. 2016–26918 Filed 11–7–16; 8:45 am] your name and a mailing address, an DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–22–P email address, or a phone number in the Federal Highway Administration body of your document so that FHWA can contact you if there are questions DEPARTMENT OF TRANSPORTATION [Docket No. FHWA–2016–0002] regarding your submission. RIN 2125–AF70 To submit your comment online, go to Pipeline and Hazardous Materials http://www.regulations.gov,put the Safety Administration Tribal Transportation Self-Governance docket number, FHWA–2016–0002, in [Docket No. PHMSA–2016–0128] Program; Negotiated Rulemaking the keyword box, and click ‘‘Search.’’ Meetings When the new screen appears, click on Pipeline Safety: Voluntary Information- the ‘‘Comment Now!’’ button and type AGENCY: Federal Highway Sharing System Working Group your comment into the text box on the Administration, DOT. Nominations following screen. Choose whether you ACTION: Notice of meetings. are submitting your comment as an AGENCY: Pipeline and Hazardous Materials Safety Administration SUMMARY: This document announces individual or on behalf of a third party (PHMSA), DOT. meetings four and five of the Tribal and then submit. Transportation Self-Governance If you submit your comments by mail ACTION: Request for member Program (TTSPG) Negotiated or hand delivery, submit them in an nominations; voluntary information- Rulemaking Committee. unbound format, no larger than 8 1/2 by sharing system working group. Dates and Addresses: All meetings are 11 inches, suitable for copying and electronic filing. SUMMARY: PHMSA is seeking scheduled to take place from 8:00 a.m. nominations for individuals to serve as until 5 p.m. on the following dates and Viewing Comments and Documents members for three-year terms on the locations: To view comments, as well as any Voluntary Information-Sharing System —Meeting 4—November 15–17, 2016, documents mentioned in this preamble (VIS) Working Group. This is a newly Embassy Suites Minneapolis Airport, as being available in the docket, go to created working group established in 7901 34th Ave South, Bloomington, http://www.regulations.gov. Insert the accordance with section 10 of the MN 55425 docket number, FHWA–2016–0002, in Protecting our Infrastructure of —Meeting 5—December 6–8, 2016, the keyword box, and click ‘‘Search.’’ Pipelines and Enhancing Safety (PIPES) Wind Creek Atmore, 303 Poarch Rd., Next, click the ‘‘Open Docket Folder’’ Act of 2016 (Pub. L. 114–183), the Atmore, AL 36502 button and choose the document to Federal Advisory Committee Act FOR FURTHER INFORMATION CONTACT: review. If you do not have access to the (FACA) of 1972 (5 U.S.C., App. 2, as Robert W. Sparrow, Designated Federal Internet, you may view the docket amended), and 41 CFR 102–3.50(a). The Official, 1200 New Jersey Avenue SE., online by visiting the Docket Secretary of Transportation (Secretary) Washington, DC 20590. Telephone: Management Facility in Room W12–140 must convene a working group by (202) 366–9483 or at robert.sparrow@ on the ground floor of the DOT West December 19, 2016 to consider the dot.gov. Vivian Philbin, Assistant Chief Building, 1200 New Jersey Avenue SE., development of a voluntary Counsel, 12300 West Dakota Avenue, Washington, DC 20590, between 9 a.m. information-sharing system to Lakewood, CO 80228. Telephone: (720) and 5 p.m., E.T., Monday through encourage collaborative efforts to 963–3445 or at [email protected]. Friday, except Federal holidays. improve inspection information Additional information may be posted feedback and information sharing with on the FHWA Tribal Transportation Privacy Act the purpose of improving gas Program Web site at https:// In accordance with 5 U.S.C. 553(c), transmission and hazardous liquid flh.fhwa.dot.gov/programs/ttp/ as it DOT solicits comments from the public pipeline facility integrity risk analysis. comes available. to better inform its rulemaking process. PHMSA intends to comply with section SUPPLEMENTARY INFORMATION: The DOT posts these comments, 10 of the PIPES Act of 2016 by without edit, including any personal convening a working group by Meeting Participation information the commenter provides, to December 19, 2016. These meetings will be open to the www.regulations.gov, as described in DATES: Nominations must be received public. Time has been set aside during the system of records notice (DOT/ALL– on or before November 28, 2016.

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ADDRESSES: All nomination material (a) PHMSA; education, professional or business should be emailed to the Advisory (b) Industry stakeholders, including: experience, present occupation, and Committee Program Manager Cheryl • Operators of pipeline facilities, membership on other working groups or Whetsel at [email protected] or • Inspection technology, coating, and advisory committees, past or present. mailed to the Pipeline and Hazardous cathodic protection vendors, and • Nominations must include a short Materials Safety Administration, 1200 • Pipeline inspection organizations; biography identifying each nominee’s New Jersey Avenue SE., PHP–30, E24– (c) Safety advocacy groups; qualifications and expertise. 445, Washington, DC 20590, to the (d) Research institutions; • Nominations for non-industry attention of Cheryl Whetsel, Advisory (e) State public utility commissions or positions on the VIS Working Group Committee Program Manager, PHP–30. State officials responsible for pipeline should highlight relevant experience on FOR FURTHER INFORMATION CONTACT: safety oversight; panels that dealt with transportation Cheryl Whetsel at 202–366–4431 or (f) State pipeline safety inspectors; safety, information-sharing systems, [email protected]. (g) Labor representatives; and technology development, data (h) Other entities, as determined SUPPLEMENTARY INFORMATION: management, software development, or appropriate by the Secretary. detail their interest in the subject matter I. Duties III. Terms of Service that will be considered by the The VIS Working Group will consider committee. • Each member serves a three-year and provide recommendations to the • Nominations must acknowledge term unless the member becomes unable Secretary as specifically outlined in that the nominee is aware of the section 10 of the PIPES Act of 2016: to serve, resigns, ceases to be qualified nomination unless self-nominated. to serve, is removed by the Secretary, or (a) The need for, and the Issued in Washington, DC, on November 2, identification of, a system to ensure that if the VIS Working Group fulfills its purpose before the term ends. The 2016, under authority delegated in 49 CFR dig verification data are shared with in- 1.97. line inspection operators to the extent Secretary may reappoint a member to serve additional terms. Alan K. Mayberry, consistent with the need to maintain • Acting Associate Administrator for Pipeline proprietary and security-sensitive data All Group members must be able to attend approximately four meetings Safety. in a confidential manner to improve [FR Doc. 2016–26905 Filed 11–7–16; 8:45 am] pipeline safety and inspection each year in Washington, DC, other BILLING CODE 4910–60–P technology; designated locations, or by (b) Ways to encourage the exchange of teleconference. • pipeline inspection information and the Members serve without development of advanced pipeline compensation although travel expenses, DEPARTMENT OF VETERANS inspection technologies and enhanced including per diem, may be reimbursed AFFAIRS risk analysis; for those performing committee duties [OMB Control No. 2900–0539] (c) Opportunities to share data, away from their homes and regular including dig verification data between places of business. Agency Information Collection Activity operators of pipeline facilities and in- • A member appointed for his or her Under OMB Review (Application for line inspector vendors to expand individual views or advice must be Supplemental Service Disabled knowledge of the advantages and appointed as a Special Government Veterans Insurance) disadvantages of the different types of Employee (SGE). Other members will AGENCY: in-line inspection technology and serve as Representatives or Regular Veterans Benefits methodologies; Government Employees. SGEs are Administration, Department of Veterans (d) Options to create a secure system subject to certain Federal conflict of Affairs. that protects proprietary data while interest laws. ACTION: Notice. encouraging the exchange of pipeline IV. Nomination Procedures SUMMARY: In compliance with the inspection information and the Paperwork Reduction Act (PRA) of 1995 development of advanced pipeline Any interested person may nominate (44 U.S.C. 3501–3521), this notice inspection technologies and enhanced one or more qualified individuals for announces that the Veterans Benefits risk analysis; membership on the VIS Working Group. Administration (VBA), Department of (e) Means and best practices for the Self-nominations are also accepted. The Veterans Affairs, will submit the protection of safety- and security- PHMSA Administrator, on behalf of the collection of information abstracted sensitive information and proprietary Secretary, is seeking individuals with below to the Office of Management and information; and diverse experiences and expertise in (f) Regulatory, funding, and legal research and development, academia, Budget (OMB) for review and comment. barriers to sharing the information human factors, large scale data The PRA submission describes the described in paragraphs (a) through (d). management, standards for data nature of the information collection and its expected cost and burden; it includes The Secretary must publish the VIS exchanges, secure information sharing, the actual data collection instrument. Working Group’s recommendations on a risk management and risk analysis, publicly available Department of natural gas or hazardous liquid pipeline DATES: Comments must be submitted on Transportation Web site. The VIS safety, in-line inspection, pipeline or before December 8, 2016. Working Group will fulfill its purpose anomaly assessment and remediation, ADDRESSES: Submit written comments once its recommendations are published pipeline inspection technology, on the collection of information through online. software system development, integrity www.Regulations.gov, or to Office of management, or other related Information and Regulatory Affairs, II. Membership experience. Office of Management and Budget, Attn: The VIS Working Group will consist • Nominations must include a VA Desk Officer; 725 17th St. NW., of no more than 30 members appointed current, complete re´sume´ including Washington, DC 20503 or sent through by the Secretary, including business address and home address, electronic mail to oira_submission@ representatives from: telephone number, email address, omb.eop.gov. Please refer to ‘‘OMB

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Control No. 2900–0539’’ in any DEPARTMENT OF VETERANS on the graduate medical education correspondence. AFFAIRS expansion initiative authorized under FOR FURTHER INFORMATION CONTACT: Public Law 113–146 and host a faculty Advisory Committee: National Cynthia Harvey-Pryor, Enterprise development showcase sponsored by Academic Affiliations Council Notice of Records Service (005R1B), Department the VA Boston Healthcare System. The Meeting of Veterans Affairs, 810 Vermont Council will receive public comments Avenue NW., Washington, DC 20420, The Department of Veterans Affairs from 4:15 p.m. to 4:30 p.m. on (202) 461–5870 or email cynthia.harvey- (VA) gives notice under the Federal November 29, 2016 and again from [email protected]. Please refer to ‘‘OMB Advisory Committee Act, 5 U.S.C. App. 11:30 a.m. to 11:45 a.m. on November Control No. 2900–0539.’’ 2 that a meeting of the National 30, 2016. SUPPLEMENTARY INFORMATION: Academic Affiliations Council will be Interested persons may attend and Title: Application for Supplemental held November 29, 2016—November 30, present oral statements to the Council. Service Disabled Veterans Insurance VA 2016 in the VA Boston Healthcare A sign-in sheet for those who want to Forms 29–0188 and 29–0189. System’s Barsamian Auditorium, Room give comments will be available at the OMB Control Number: 2900–0539. 3C–108–1, 1400 VFW Parkway, West Type of Review: Extension of a Roxbury, MA 02132. The November 29, meeting. Individuals who speak are currently approved collection. 2016 session will begin at 9:00 a.m. and invited to submit a 1–2 page summary Abstract: VA Forms 29–0188 and 29– end at 4:30 p.m. The November 30, 2016 of their comments at the time of the 0189 are used by eligible insureds to session will begin at 9 a.m. and adjourn meeting for inclusion in the official apply for Supplemental Service at 11:45 a.m. The meeting is open to the meeting record. Oral presentations will Disabled Veterans Insurance. Collection public, except when the Council is be limited to five minutes or less, of the requested information is required conducting tours of the VA facility. depending on the number of to implement the provisions of Public Tours of VA facilities are closed to the participants. Interested parties may also Law 102–568 which expanded the public, to protect Veterans’ privacy and provide written comments for review by insurance coverage available under 38 personal information, in accordance the Council prior to the meeting or at U.S.C. Section 1922. An agency may not with 5 U.S.C. 552b(c)(6). any time, by email to, Steve.Trynosky@ conduct or sponsor, and a person is not The purpose of the Council is to va.gov , or by mail to Stephen K. required to respond to a collection of advise the Secretary on matters affecting Trynosky JD, MPH, MMAS, Designated information unless it displays a partnerships between VA and its Federal Officer, Office of Academic currently valid OMB control number. academic affiliates. Affiliations (10A2D), 810 Vermont The Federal Register Notice with a 60- On November 29, 2016, the Council Avenue NW Washington, DC 20420. day comment period soliciting will receive updates on VA’s Any member of the public wishing to comments on this collection of educational portfolio and patient information was published September 1, aligned care team (PACT) concept. attend or seeking additional information 2016, 81 FR 60414. Following these presentations, the should contact Mr. Trynosky via email Affected Public: Individuals or Council will convene in a closed or by phone at (202) 461–6723. Because households. session, as it tours the VA Boston the meeting will be in a Government Estimated Annual Burden: 3,333 Healthcare System’s West Roxbury building, anyone attending must be hours. campus. The Council will reconvene in prepared to show a valid photo I.D. Estimated Average Burden per open session to host a town hall style Please allow 15 minutes before the Respondent: 20 minutes. event focused on PACT implementation. meeting begins for this process. Frequency of Response: On occasion. The town hall meeting will begin at Estimated Number of Respondents: Dated: November 3, 2016. 11:15 a.m. and end promptly at 12:15 10,000. Jelessa M. Burney, p.m. Additional agenda items include a By direction of the Secretary. discussion on VA’s efforts to implement Federal Advisory Committee Management Cynthia Harvey-Pryor, innovative academic relationships and Officer. Program Specialist, Office of Privacy and collaboration, an overview of the VA [FR Doc. 2016–26953 Filed 11–7–16; 8:45 am] Records Management, Department of National Nursing Academy, and a BILLING CODE P Veterans Affairs. presentation on the Northeast Region [FR Doc. 2016–26909 Filed 11–7–16; 8:45 am] VA Nursing Alliance. On November 30, BILLING CODE 8320–01–P 2016, the Council will receive an update

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Part II

Environmental Protection Agency

40 CFR Parts 52 and 81 Clean Air Act Redesignation Substitute for the Dallas-Fort Worth 1-Hour Ozone and 1997 8-Hour Ozone Nonattainment Areas; Texas; Clean Air Act Redesignation Substitute for the Houston-Galveston-Brazoria 1997 8- Hour Ozone Nonattainment Area; Texas; Final Rules

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ENVIRONMENTAL PROTECTION reductions and that it will maintain major source thresholds and offset AGENCY those NAAQS for ten years from the ratios, is updated without any date of the EPA’s approval of this additional revision to the SIP. 40 CFR Parts 52 and 81 demonstration. Final approval of the Therefore, the EPA’s approval of the [EPA–R06–OAR–2015–0721; FRL–9953–93– redesignation substitute results in the redesignation substitute automatically Region 6] area no longer being subject to any updates the applicable NNSR remaining applicable anti-backsliding requirements. Following finalization of Clean Air Act Redesignation Substitute requirements, including nonattainment this rule, the NNSR requirements for the Dallas-Fort Worth 1-Hour Ozone new source review associated with the applicable in the DFW area will be in and 1997 8-Hour Ozone Nonattainment revoked NAAQS. In general, final accordance with the DFW area’s current Areas; Texas approval of the redesignation substitute classification for the 2008 ozone allows Texas to seek to revise the Texas NAAQS for newly permitted sources.1 AGENCY: Environmental Protection State Implementation Plan (SIP) for the We note that approval of this Agency (EPA). area to remove anti-backsliding redesignation substitute does not relieve ACTION: Final rule. measures from the active portion of its sources in the area of their obligations SIP if it can demonstrate, pursuant to under previously established permit SUMMARY: The Environmental Protection CAA section 110(1), that such revision conditions.2 81 FR 33161, 33165. The Agency (EPA) is approving a would not interfere with attainment or Texas SIP includes a suite of approved redesignation substitute and making maintenance of any applicable NAAQS, permitting regulations for the Minor and finding of attainment for both the or any other requirement of the CAA. Major NSR, which will continue to revoked 1-hour and the revoked 1997 8- Because the EPA believes Texas does apply after approval of the redesignation hour ozone National Ambient Air not need to revise its SIP to alter certain substitute in the DFW area. Each of Quality Standards (NAAQS) for the provisions for NNSR effective in the these programs has been evaluated and Dallas-Fort Worth ozone nonattainment DFW area, the offset and threshold approved by EPA as consistent with the areas (DFW area). requirements applicable in the DFW requirements of the CAA and protective DATES: This rule is effective on area for NNSR will be automatically of air quality, including the December 8, 2016. altered upon finalization of the requirements at 40 CFR 51.160 whereby ADDRESSES: The EPA has established a redesignation substitute. the TCEQ cannot issue a permit or docket for this action under Docket ID We received comments on the authorize an activity that will result in No. EPA–R06–OAR–2015–0721. All proposal from three commenters. Our a violation of applicable portions of the documents in the docket are listed on response to the comments is below. control strategy or that will interfere the http://www.regulations.gov Web II. Response to Comments with attainment or maintenance of a site. Although listed in the index, some national standard. So moving forward to Comment: Two commenters information is not publicly available, a time when the DFW area has a recognized the progress of the area and e.g., Confidential Business Information moderate designation as the only the work of TCEQ in making such or other information whose disclosure is applicable nonattainment designation, significant air quality improvements in restricted by statute. Certain other new sources and modifications will the DFW area and urged the EPA to material, such as copyrighted material, continue to be permitted and authorized finalize this action to reflect the changes is not placed on the Internet and will be under the existing SIP requirements if in the area. publicly available only in hard copy they are determined to be protective of Response: We agree with the air quality. form. Publicly available docket commenters that DFW area has made materials are available either The EPA agrees that approval of the progress in meeting air quality redesignation substitute will result in electronically through http:// standards. No changes were made to the www.regulations.gov or in hard copy at the DFW area no longer being subject to final action based on these comments. the regulatory anti-backsliding the EPA Region 6, 1445 Ross Avenue, Comment: One of the supportive Suite 700, Dallas, Texas 75202–2733. requirements for the 1997 ozone commenters urged the EPA to approve standard established pursuant to the FOR FURTHER INFORMATION CONTACT: revisions to the Texas SIP to reflect principles of CAA section 172(e). Tracie Donaldson, 214–665–6633, changes to certain provisions for the However if an anti-backsliding [email protected]. NNSR program effective in the DFW provision is in the Texas SIP and needs SUPPLEMENTARY INFORMATION: area as a result of the EPA’s approval of to be changed to reflect the change in Throughout this document ‘‘we,’’ ‘‘us,’’ the redesignation substitute. The this area’s status, such change is subject and ‘‘our’’ means the EPA. commenter also asserted that approval to the SIP revision process, which in of the redesignation substitute will I. Background turn is subject to review under CAA result in the area no longer being subject sections 110 and 193, if applicable. To The background for this action is to any remaining applicable anti- date, Texas has not submitted a SIP discussed in detail in our May 25, 2016 backsliding requirements. revision concerning any anti- proposal (81 FR 33161). In that Response: Due to the drafting of the backsliding provisions for the EPA’s document we proposed to approve a Texas SIP, no revision is necessary to consideration. redesignation substitute and make a alter NNSR requirements applicable in Comment: One commenter objected to finding of attainment for both the 1-hour the DFW area following finalization of the use of the redesignation substitute and the 1997 8-hour ozone NAAQS for this redesignation substitute. The NNSR mechanism and the implications of such the Dallas-Fort Worth 1-hour and 1997 provisions in the existing Texas SIP an action. The commenter incorporates 8-hour ozone nonattainment areas (DFW contains a provision that cross- areas). The redesignation substitute references the designation of the area to 1 See Section D of the TSD for this action in the demonstration indicates that the area 40 CFR part 81. See 30 TAC section docket for this rulemaking for additional has attained the revoked 1-hour and the 101.1(71). Because of the structure of information. 2 See Final Implementation Rule for 2008 Ozone revoked 1997 8-hour ozone NAAQS due this provision the identification of an Standard, 80 FR 12264, at 12299, footnote 83 and to permanent and enforceable emission area’s classification, and thus the related at 12304, footnote 91.

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by reference the relevant portions of a backsliding requirements as would a IV. Statutory and Executive Order brief filed in a petition challenging the redesignation to attainment for the Reviews EPA’s promulgation of the redesignation revoked standard. The EPA believes Under Executive Orders 12866 (58 FR substitute. See South Coast Air Quality that, under any view of anti-backsliding 51735, October 4, 1993) and 13563 (76 Mgmt. Dist. v. EPA, No. 15–1115 (D.C. for a revoked standard, it should not FR 3821, January 21, 2011), this action Cir.). They contend that the DFW area mean imposing requirements greater is not a ‘‘significant regulatory action’’ continues to have unhealthy levels of than those that would apply if the and therefore is not subject to review by ozone pollution, therefore, raising the standard had not been revoked. the Office of Management and Budget. NNSR thresholds and lowering the An approvable redesignation For this reason, this action is also not offset requirements for the area is substitute must include more than a subject to Executive Order 13211, inappropriate. The commenter further determination of attainment of the prior ‘‘Actions Concerning Regulations That states that our action will result ‘‘in NAAQS, and show that it addresses Significantly Affect Energy Supply, great expense and inefficiency: because redesignation criteria for that NAAQS. Distribution, or Use’’ (66 FR 28355, May some sources will not prevent pollution, Moreover, the state remains subject to 22, 2001). This action merely approves they and other sources may have to ongoing requirements to meet the new a demonstration provided by the State retrofit at greater expense.’’ The more stringent 2008 ozone standard in of Texas and finds that the DFW area is commenter asks the EPA to either that area. In this context, the EPA no longer subject to the regulatory anti- disapprove the redesignation substitute believes finalizing of this action is backsliding requirements under the or delay action until the underlying appropriate—it recognizes and supports principles of CAA section 172(e) for the litigation is resolved. Texas’s progress in having attained the revoked 1-hour ozone and the revoked Response: The EPA disagrees with the prior standards in the DFW area due to 1997 8-hour ozone NAAQS; and commenter that it is inappropriate to permanent and enforceable emissions approve redesignation substitutes for imposes no additional requirements. reductions, and reinforces continued Accordingly, I certify that this rule will the DFW area for the 1-hour and the attainment by demonstrating that the 1997 8-hour ozone standards. As the not have a significant economic impact DFW area can maintain the revoked commenter noted, the EPA created the on a substantial number of small entities standard. See 80 FR 12264, 12305. redesignation substitute in the 2008 under the Regulatory Flexibility Act (5 ozone SIP Requirements Rule as one of III. Final Action U.S.C. 601 et seq.). Because this rule two acceptable procedures through does not impose any additional which a state may demonstrate that it is We find that Texas has successfully enforceable duties, it does not contain no longer required to adopt any demonstrated it has met the any unfunded mandate or significantly additional applicable requirements for requirements for approval of a or uniquely affect small governments, as an area which have not already been redesignation substitute for the revoked described in the Unfunded Mandates approved into the SIP for a revoked 1-hour and the revoked 1997 8-hour Reform Act of 1995 (Pub. L. 104–4). ozone NAAQS. 80 FR 12264, 12304 ozone NAAQS for the DFW area. We are This rule also does not have a (March 6, 2015). approving the redesignation substitute substantial direct effect on one or more The EPA acknowledges that this rule for the DFW area based on our Indian Tribes, on the relationship has been challenged in the D.C. Circuit determination that the demonstration between the Federal Government and by the commenter. However, the rule provided by the State of Texas shows Indian Tribes, or on the distribution of has not been stayed pending resolution that the DFW area has attained the power and responsibilities between the of the litigation, and as such, it is revoked 1-hour and the revoked 1997 8- Federal Government and Indian Tribes, appropriate to continue to implement hour ozone NAAQS due to permanent as specified by Executive Order 13175 the 2008 ozone SIP Requirements Rule and enforceable emission reductions, (65 FR 67249, November 9, 2000), nor during the pendency of the litigation. and that it will maintain these NAAQS will it have substantial direct effects on The EPA believes the redesignation for ten years from the date of the EPA’s the States, on the relationship between substitute is an appropriate mechanism approval of this demonstration. As we the national government and the States, because it serves as a successor to a no longer redesignate nonattainment or on the distribution of power and redesignation to attainment, for which areas to attainment for the revoked 1- responsibilities among the various these areas would have been eligible if hour and the revoked 1997 8-hour ozone levels of government, as specified in the EPA had not revoked the 1-hour and NAAQS, approval of the demonstration Executive Order 13132 (64 FR 43255, 1997 ozone standards. For a more serves as a redesignation substitute August 10, 1999), because it merely detailed description of why the EPA has under the EPA’s implementing approves a demonstration provided by determined the DFW area has met the regulations. As a result of this action, the State of Texas and find that the DFW redesignation criteria for the revoked Texas is no longer required to adopt any area is no longer subject to the 1997 ozone standard, see 81 FR 33161 additional applicable 1-hour and 1997 regulatory anti-backsliding requirements for the proposal and Technical Support 8-hour ozone NAAQS requirements for under the principles of CAA section Document. Upon approval of a the area which have not already been 172(e) for the revoked 1-hour ozone and redesignation substitute, a state may approved into the SIP (40 CFR the revoked 1997 8-hour ozone NAAQS; request to revise its SIP to shift 51.1105(b)(1)). It also allows the state to and does not alter the relationship or regulatory anti-backsliding requirements request that the EPA approve the the distribution of power and contained in the active portion of the shifting of planning and control responsibilities established in the CAA. SIP to the contingency measures portion requirements implemented pursuant to This rule also is not subject to Executive of the SIP, subject to a showing of the 1-hour and the 1997 8-hour ozone Order 13045 (62 FR 19885, April 23, consistency with the general anti- NAAQS from the active portion of the 1997), because it is not economically backsliding checks in CAA sections SIP to the contingency measures portion significant. 110(l) and 193 (if applicable). The EPA of the SIP, upon a showing of The rule does not impose an approval of the redesignation substitute consistency with CAA sections 110(l) information collection burden under the has the same effect on these areas’ and 193 (if applicable) (40 CFR provisions of the Paperwork Reduction nonattainment regulatory anti- 51.1105(b)(2)). Act of 1995 (44 U.S.C. 3501 et seq.).

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Additionally, this rule does not involve of such rule or action. This action may (m) Approval of Redesignation establishment of technical standards, not be challenged later in proceedings to Substitute for the Dallas-Fort Worth 1- and thus, the requirements of section enforce its requirements. See section hour Ozone and 1997 Ozone 12(d) of the National Technology 307(b)(2). Nonattainment Areas. EPA has Transfer and Advancement Act of 1995 List of Subjects approved the redesignation substitute (15 U.S.C. 272 note) do not apply. for the Dallas-Fort Worth 1-hour ozone Executive Order 12898 (59 FR 7629, 40 CFR Part 52 and 1997 ozone nonattainment areas February 16, 1994) establishes Federal Environmental protection, Air submitted by the State of Texas on executive policy on environmental pollution control, Incorporation by August 18, 2015. The State is no longer justice. Its main provision directs reference, Intergovernmental relations, being required to adopt any additional Federal agencies, to the greatest extent Nitrogen dioxide, Ozone, Volatile applicable to 1-hour ozone and 1997 practicable and permitted by law, to organic compounds. ozone NAAQS requirements for the make environmental justice part of their mission by identifying and addressing, 40 CFR Part 81 area. as appropriate, disproportionately high Environmental protection, Air PART 81—DESIGNATION OF AREAS and adverse human health or pollution control. FOR AIR QUALITY PLANNING environmental effects of their programs, Authority: 42 U.S.C. 7401 et seq. PURPOSES policies, and activities on minority populations and low-income Dated: October 27, 2016. ■ populations in the United States. The Samuel Coleman, 3. The authority citation for part 81 EPA has determined that this rule will Acting Regional Administrator, Region 6. continues to read as follows: not have disproportionately high and 40 CFR parts 52 and 81 are amended Authority: 42 U.S.C. 7401, et seq. adverse human health or environmental as follows: effects on minority or low-income ■ 4. Section 81.344 is amended: populations because it does not affect PART 52—APPROVAL AND ■ a. In the table entitled ‘‘Texas—Ozone the level of protection provided to PROMULGATION OF (1-Hour Standard)’’ by revising the human health or the environment. IMPLEMENTATION PLANS entries for ‘‘Dallas-Fort Worth Area’’ Under section 307(b)(1) of the Clean ■ 1. The authority citation for part 52 and adding footnote 3; and Air Act, petitions for judicial review of ■ this action must be filed in the United continues to read as follows: b. In the table titled ‘‘Texas—1997 8- States Court of Appeals for the Authority: 42 U.S.C. 7401 et seq. Hour Ozone NAAQS (Primary and appropriate circuit by January 9, 2017. Secondary)’’ by revising the entries for Filing a petition for reconsideration by Subpart SS—Texas ‘‘Dallas-Fort Worth, TX’’ and adding footnotes 5 and 6. the Administrator of this final rule does ■ 2. Section 52.2275 is amended by not affect the finality of this action for adding paragraph (m) to read as follows: The revisions and additions read as the purposes of judicial review nor does follows: it extend the time within which a § 52.2275 Control strategy and petition for judicial review may be filed, regulations: Ozone. § 81.344 Texas. and shall not postpone the effectiveness * * * * * * * * * *

TEXAS—OZONE 2 [1-Hour standard]

Designation Classification Designated area Date 1 Type Date 1 Type

******* Dallas-Fort Worth Area: Collin County 3 ...... 11/15/90 Nonattainment ...... 3/20/98 Serious. Dallas County 3 ...... 11/15/90 Nonattainment ...... 3/20/98 Serious. Denton County 3 ...... 11/15/90 Nonattainment ...... 3/20/98 Serious. Tarrant County 3 ...... 11/15/90 Nonattainment ...... 3/20/98 Serious.

******* 1 This date is October 18, 2000, unless otherwise noted. 2 The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in Texas except the San Antonio area where it is revoked effec- tive April 15, 2009. 3 A Redesignation Substitute was approved on November 8, 2016.

* * * * *

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TEXAS—1997 8-HOUR OZONE NAAQS [Primary and secondary]

Designation a Category/classification Designated area Date 1 Type Date 1 Type

******* Dallas-Fort Worth, TX: Collin County 56 ...... Nonattainment ...... (5) Subpart 2/Serious. Dallas County 56 ...... Nonattainment ...... (5) Subpart 2/Serious. Denton County 56 ...... Nonattainment ...... (5) Subpart 2/Serious. Ellis County 56 ...... Nonattainment ...... (5) Subpart 2/Serious. Johnson County 56 ...... Nonattainment ...... (5) Subpart 2/Serious. Kaufman County 56 ...... Nonattainment ...... (5) Subpart 2/Serious. Parker County 56 ...... Nonattainment ...... (5) Subpart 2/Serious. Rockwall County 56 ...... Nonattainment ...... (5) Subpart 2/Serious. Tarrant County 56 ...... Nonattainment ...... (5) Subpart 2/Serious.

******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted. ******* 5 Effective January 19, 2011. 6 A Redesignation Substitute was approved on November 8, 2016.

* * * * * publicly available only in hard copy portion of its SIP if it can demonstrate, [FR Doc. 2016–26585 Filed 11–7–16; 8:45 am] form. Publicly available docket pursuant to CAA section 110(1), that BILLING CODE 6560–50–P materials are available either such revision would not interfere with electronically through http:// attainment or maintenance of any www.regulations.gov or in hard copy at applicable NAAQS, or any other ENVIRONMENTAL PROTECTION the EPA Region 6, 1445 Ross Avenue, requirement of the CAA. Because the AGENCY Suite 700, Dallas, Texas 75202–2733. EPA believes Texas does not need to revise its SIP to alter certain provisions 40 CFR Parts 52 and 81 FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, 214–665–6633, for NNSR effective in the HGB area, the [EPA–R06–OAR–2015–0609; FRL–9953–89– [email protected]. offset and threshold requirements Region 6] applicable in the HGB area for NNSR SUPPLEMENTARY INFORMATION: will be automatically altered upon Clean Air Act Redesignation Substitute Throughout this document ‘‘we,’’ ‘‘us,’’ finalization of the redesignation for the Houston-Galveston-Brazoria and ‘‘our’’ means the EPA. substitute. 1997 8-Hour Ozone Nonattainment I. Background We previously approved a HGB area Area; Texas redesignation substitute for the revoked The background for this action is 1-hour ozone standard (80 FR 63429). In AGENCY: Environmental Protection discussed in detail in our May 25, 2016 Agency (EPA). this action, we are also finalizing a non- proposal (81 FR 33166). In that substantive technical correction to 40 ACTION: Final rule. document we proposed to approve a CFR 81.344 to reflect this approval. redesignation substitute and make a We received comments on the SUMMARY: The Environmental Protection finding of attainment for the 1997 8- Agency (EPA) is approving a proposal from five commenters. Our hour ozone NAAQS for the Houston- response to the comments are below. redesignation substitute and making a Galveston-Brazoria ozone finding of attainment for the revoked nonattainment area (HGB area). The II. Response to Comments 1997 8-hour ozone National Ambient redesignation substitute demonstration Comment: Three commenters Air Quality Standard (NAAQS) for the indicates that the area has attained the recognized the progress of the area and Houston-Galveston-Brazoria ozone revoked 1997 8-hour ozone NAAQS due the work of TCEQ in making such nonattainment area (HGB area). to permanent and enforceable emission significant air quality improvements in DATES: This rule is effective on reductions and that it will maintain that the HGB area and urged the EPA to December 8, 2016. NAAQS for ten years from the date of finalize this action to reflect the changes ADDRESSES: The EPA has established a the EPA’s approval of this in the area. docket for this action under Docket ID demonstration. Final approval of the Response: We agree with the No. EPA–R06–OAR–2015–0609. All redesignation substitute results in the commenters that HGB area has made documents in the docket are listed on area no longer being subject to any progress in meeting air quality the http://www.regulations.gov Web remaining applicable anti-backsliding standards. No changes were made to the site. Although listed in the index, some requirements, including nonattainment final action based on these comments. information is not publicly available, new source review, associated with the Comment: One of the supportive e.g., Confidential Business Information revoked NAAQS. In general, final commenters urged the EPA to approve or other information whose disclosure is approval of the redesignation substitute revisions to the Texas SIP to reflect restricted by statute. Certain other allows Texas to seek to revise the Texas changes to certain provisions for the material, such as copyrighted material, SIP for the area to remove anti- NNSR program effective in the HGB area is not placed on the Internet and will be backsliding measures from the active as a result of the EPA’s approval of the

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redesignation substitute. The ozone NAAQS. 81 FR 66240, September Response: The EPA disagrees with the commenter also asserted that approval 27, 2016. commenter that it is inappropriate to of the redesignation substitute will The EPA agrees that approval of the approve redesignation substitutes for result in the area no longer being subject redesignation substitute will result in the Houston-Galveston-Brazoria area for to any remaining applicable anti- the HGB area no longer being subject to the 1997 ozone standard. As the backsliding requirements. the regulatory anti-backsliding commenter noted, the EPA created the redesignation substitute in the 2008 Response: Due to the drafting of the requirements for the 1997 ozone ozone SIP Requirements Rule as one of Texas SIP, no revision is necessary to standard established pursuant to the principles of CAA section 172(e). two acceptable procedures through alter NNSR requirements applicable in which a state may demonstrate that it is the HGB area following finalization of However, if an anti-backsliding provision is in the Texas SIP and needs no longer required to adopt any this redesignation substitute. The NNSR to be changed to reflect the change in additional applicable requirements for provisions in the existing Texas SIP this area’s status, such change is subject an area which have not already been contains a provision that cross- to the SIP revision process, which in approved into the SIP for a revoked references the designation of the area to turn is subject to review under CAA ozone NAAQS. 80 FR 12264, 12304 40 CFR part 81. See 30 TAC section sections 110 and 193, if applicable. To (March 6, 2015). 101.1(71). Because of the structure of date, Texas has not submitted a SIP The EPA acknowledges that this rule this provision, the identification of an revision concerning any anti- has been challenged in the D.C. Circuit area’s classification, and thus the related backsliding provisions for the EPA’s by the commenter. However, the rule major source thresholds and offset consideration. has not been stayed pending resolution ratios, is updated without any Comment: One commenter also of the litigation, and as such, it is additional revision to the SIP. recognized the progress and supported appropriate to continue to implement Therefore, the EPA’s approval of the the action but wanted the EPA to clarify the 2008 ozone SIP Requirements Rule redesignation substitute automatically that the redesignation substitute will during the pendency of the litigation. updates the applicable NNSR The EPA believes the redesignation permanently eliminate the anti- requirements. Following finalization of substitute is an appropriate mechanism backsliding requirements for the because it serves as a successor to a this rule, the NNSR requirements revoked ozone NAAQS. applicable in the HGB area will be in redesignation to attainment, for which Response: Following finalization of a accordance with the HGB area’s current these areas would have been eligible if redesignation substitute, an area is no classification for the 2008 ozone the EPA had not revoked the 1-hour and longer subject to any remaining NAAQS for newly permitted sources.1 1997 ozone standards. For a more applicable anti-backsliding We note that approval of this detailed description of why the EPA has requirements associated with the determined the HGB area has met the redesignation substitute does not relieve specific revoked NAAQS, including the sources in the area of their obligations redesignation criteria for the revoked major source thresholds and offset ratios 1997 ozone standard, see 81 FR 33166 under previously established permit associated with the area’s classification conditions.2 81 FR 33161, 33165. The for the proposal and Technical Support under those standards. However, as Document. Upon approval of a Texas SIP includes a suite of approved noted previously, any changes to a SIP permitting regulations for the Minor and redesignation substitute, a state may are subject to consistency checks with request to revise its SIP to shift Major NSR, which will continue to CAA sections 110(l) and 193, if apply after approval of the redesignation regulatory anti-backsliding requirements applicable. Because the 1997 ozone contained in the active portion of the substitute in the HGB area. Each of these NAAQS has been revoked, no new programs has been evaluated and SIP to the contingency measures portion requirements associated with that of the SIP, subject to a showing of approved by EPA as consistent with the NAAQS would come due at any future requirements of the CAA and protective consistency with the general anti- date. backsliding checks in CAA sections of air quality, including the Comment: One commenter objected to requirements at 40 CFR 51.160 whereby 110(l) and 193 (if applicable). The EPA the use of the redesignation substitute approval of the redesignation substitute the TCEQ cannot issue a permit or mechanism and the implications of such has the same effect on these areas’ authorize an activity that will result in an action. The commenter incorporates nonattainment regulatory anti- a violation of applicable portions of the by reference the relevant portions of a backsliding requirements as would a control strategy or that will interfere brief filed in a petition challenging the redesignation to attainment for the with attainment or maintenance of a EPA’s promulgation of the redesignation revoked standard. The EPA believes national standard. So moving forward to substitute. See South Coast Air Quality that, under any view of anti-backsliding a time when the HGB area has a Mgmt. Dist. v. EPA, No. 15–1115 (D.C. for a revoked standard, it should not marginal designation as the only Cir.). They contend that the HGB area mean imposing requirements greater applicable nonattainment designation, continues to have unhealthy levels of than those that would apply if the new sources and modifications will ozone pollution, therefore, raising the standard had not been revoked. continue to be permitted and authorized NNSR thresholds and lowering the An approvable redesignation under the existing SIP requirements if offset requirements for the area is substitute must include more than a they are determined to be protective of inappropriate. The commenter further determination of attainment of the prior air quality. We would also note that states that our action will result ‘‘in NAAQS, and show that it addresses EPA has proposed to reclassify Houston great expense and inefficiency: because redesignation criteria for that NAAQS. from marginal to moderate for the 2008 some sources will not prevent pollution, Moreover, the state remains subject to they and other sources may have to ongoing requirements to meet the new 1 See Section D of the TSD for this action in the retrofit at greater expense.’’ The more stringent 2008 ozone standard in docket for this rulemaking for additional commenter asks the EPA to either that area. In this context, the EPA information. disapprove the redesignation substitute believes finalizing this action is 2 See Final Implementation Rule for 2008 Ozone Standard, 80 FR 12264, at 12299, footnote 83 and or delay action until the underlying appropriate—it recognizes and supports at 12304, footnote 91. litigation is resolved. Texas’s progress in having attained the

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prior standards in the HGB area due to no longer subject to the regulatory anti- populations and low-income permanent and enforceable emissions backsliding requirements under the populations in the United States. The reductions, and reinforces continued principles of CAA section 172(e) for the EPA has determined that this rule will attainment by demonstrating that the revoked 1997 8-hour ozone NAAQS; not have disproportionately high and HGB area can maintain the revoked and imposes no additional adverse human health or environmental standard. See 80 FR 12264, 12305. requirements. Accordingly, I certify that effects on minority or low-income this rule will not have a significant III. Final Action populations because it does not affect economic impact on a substantial the level of protection provided to We find that Texas has successfully number of small entities under the human health or the environment. demonstrated it has met the Regulatory Flexibility Act (5 U.S.C. 601 Under section 307(b)(1) of the Clean requirements for approval of a et seq.). Because this rule does not Air Act, petitions for judicial review of redesignation substitute for the revoked impose any additional enforceable this action must be filed in the United 1997 8-hour ozone NAAQS for the HGB duties, it does not contain any unfunded States Court of Appeals for the area. We are approving the mandate or significantly or uniquely appropriate circuit by January 9, 2017. redesignation substitute for the HGB affect small governments, as described Filing a petition for reconsideration by area based on our determination that the in the Unfunded Mandates Reform Act the Administrator of this final rule does demonstration provided by the State of of 1995 (Pub. L. 104–4). This rule also not affect the finality of this action for Texas shows that the HGB area has does not have a substantial direct effect the purposes of judicial review nor does attained the revoked 1997 8-hour ozone on one or more Indian Tribes, on the it extend the time within which a NAAQS due to permanent and relationship between the Federal petition for judicial review may be filed, enforceable emission reductions, and Government and Indian Tribes, or on and shall not postpone the effectiveness that it will maintain that NAAQS for ten the distribution of power and of such rule or action. This action may years from the date of the EPA’s responsibilities between the Federal not be challenged later in proceedings to approval of this demonstration. As we Government and Indian Tribes, as enforce its requirements. (See section no longer redesignate nonattainment specified by Executive Order 13175 (65 307(b)(2).) areas to attainment for the revoked 1997 FR 67249, November 9, 2000), nor will 8-hour ozone NAAQS, approval of the it have substantial direct effects on the List of Subjects demonstration serves as a redesignation States, on the relationship between the 40 CFR Part 52 substitute under the EPA’s national government and the States, or implementing regulations. As a result of on the distribution of power and Environmental protection, Air this action, Texas is no longer required responsibilities among the various pollution control, Incorporation by to adopt any additional applicable 1997 levels of government, as specified in reference, Intergovernmental relations, 8-hour ozone NAAQS requirements for Executive Order 13132 (64 FR 43255, Nitrogen dioxide, Ozone, Volatile the area which have not already been August 10, 1999), because it merely organic compounds. approved into the SIP (40 CFR approves a demonstration provided by 40 CFR Part 81 51.1105(b)(1)). It also allows the state to the State of Texas and find that the HGB Environmental protection, Air request that the EPA approve the area is no longer subject to the pollution control. shifting of planning and control regulatory anti-backsliding requirements requirements implemented pursuant to under the principles of CAA section Authority: 42 U.S.C. 7401 et seq. the 1997 ozone NAAQS from the active 172(e) for the revoked 1997 8-hour Dated: October 27, 2016. portion of the SIP to the contingency ozone NAAQS; and does not alter the Samuel Coleman, measures portion of the SIP, upon a relationship or the distribution of power Acting Regional Administrator, Region 6. showing of consistency with CAA and responsibilities established in the sections 110(l) and 193 (if applicable) CAA. This rule also is not subject to 40 CFR parts 52 and 81 are amended (40 CFR 51.1105(b)(2)). Executive Order 13045 (62 FR 19885, as follows: We are also finalizing a non- April 23, 1997), because it is not PART 52—APPROVAL AND substantive technical correction to 40 economically significant. PROMULGATION OF CFR 81.344 (Section 107 Attainment The rule does not impose an IMPLEMENTATION PLANS Status Designations for Texas) to reflect information collection burden under the our previous approval of a HGB area provisions of the Paperwork Reduction ■ 1. The authority citation for part 52 redesignation substitute demonstration Act of 1995 (44 U.S.C. 3501 et seq.). continues to read as follows: for the revoked 1-hour ozone standard. Additionally, this rule does not involve establishment of technical standards, Authority: 42 U.S.C. 7401 et seq. IV. Statutory and Executive Order and thus, the requirements of section Reviews Subpart SS—Texas 12(d) of the National Technology Under Executive Orders 12866 (58 FR Transfer and Advancement Act of 1995 ■ 2. Section 52.2275 is amended by 51735, October 4, 1993) and 13563 (76 (15 U.S.C. 272 note) do not apply. adding paragraph (n) to read as follows: FR 3821, January 21, 2011), this action Executive Order 12898 (59 FR 7629, is not a ‘‘significant regulatory action’’ February 16, 1994) establishes Federal § 52.2275 Control strategy and and therefore is not subject to review by executive policy on environmental regulations: Ozone. the Office of Management and Budget. justice. Its main provision directs * * * * * For this reason, this action is also not Federal agencies, to the greatest extent (n) Approval of Redesignation subject to Executive Order 13211, practicable and permitted by law, to Substitute for the Houston-Galveston- ‘‘Actions Concerning Regulations That make environmental justice part of their Brazoria 1997 Ozone Nonattainment Significantly Affect Energy Supply, mission by identifying and addressing, Area. EPA has approved the Distribution, or Use’’ (66 FR 28355, May as appropriate, disproportionately high redesignation substitute for the 22, 2001). This action merely approves and adverse human health or Houston-Galveston-Brazoria 1997 ozone a demonstration provided by the State environmental effects of their programs, NAAQS nonattainment area submitted of Texas and finds that the HGB area is policies, and activities on minority by the State of Texas on August 18,

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2015. The State is no longer being Authority: 42 U.S.C. 7401, et seq. ‘‘Houston-Galveston-Brazoria, TX’’ and required to adopt any additional ■ 4. Section 81.344 is amended: adding footnote 7. applicable 1997 ozone NAAQS The revisions and additions read as requirements for the area. ■ a. In the table for ‘‘Texas—Ozone (1- Hour Standard)’’ by revising the entries follows: PART 81—DESIGNATION OF AREAS for ‘‘Houston-Galveston-Brazoria, TX’’ § 81.344 Texas. FOR AIR QUALITY PLANNING and revising footnote 4; and * * * * * PURPOSES ■ b. In the table for ‘‘Texas—1997 8- ■ 3. The authority citation for part 81 Hour Ozone NAAQS (Primary and continues to read as follows: Secondary)’’ by revising the entries for

TEXAS—OZONE 2 [11-Hour standard]

Designation Classification Designated area Date 1 Type Date 1 Type

******* Houston-Galveston-Brazoria Area, TX: Brazoria County 4 ...... Nonattainment ...... 11/15/90 Severe-17. Chambers County 4 ...... Nonattainment ...... 11/15/90 Severe-17. Fort Bend County 4 ...... Nonattainment ...... 11/15/90 Severe-17. Galveston County 4 ...... Nonattainment ...... 11/15/90 Severe-17. Harris County 4 ...... Nonattainment ...... 11/15/90 Severe-17. Liberty County 4 ...... Nonattainment ...... 11/15/90 Severe-17. Montgomery County 4 ...... Nonattainment ...... 11/15/90 Severe-17. Waller County 4 ...... Nonattainment ...... 11/15/90 Severe-17.

******* 1 This date is October 18, 2000, unless otherwise noted. 2 The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in Texas except the San Antonio area where it is revoked effec- tive April 15, 2009. ******* 4 A Redesignation Substitute was approved on October 20, 2015.

* * * * *

TEXAS—1997 8-HOUR OZONE NAAQS [Primary and secondary]

Designation a Classification Designated area Date1 Type Date 1 Type

******* Houston-Galveston-Brazoria, TX: Brazoria County 7 ...... Nonattainment ...... (4) Subpart 2/Severe 15. Chambers County 7 ...... Nonattainment ...... (4) Subpart 2/Severe 15. Fort Bend County 7 ...... Nonattainment ...... (4) Subpart 2/Severe 15. Galveston County 7 ...... Nonattainment ...... (4) Subpart 2/Severe 15. Harris County 7 ...... Nonattainment ...... (4) Subpart 2/Severe 15. Liberty County 7 ...... Nonattainment ...... (4) Subpart 2/Severe 15. Montgomery County 7 ...... Nonattainment ...... (4) Subpart 2/Severe 15. Waller County 7 ...... Nonattainment ...... (4) Subpart 2/Severe 15.

******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted. ******* 4 Effective October 31, 2008. ******* 7A Redesignation Substitute was approved on November 8, 2016.

* * * * * [FR Doc. 2016–26586 Filed 11–7–16; 8:45 am] BILLING CODE 6560–50–P

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Part III

The President

Executive Order 13746—Advancing the Goals of the Power Africa Initiative to Expand Access to Electricity in Sub-Saharan Africa Through the Establishment of the President’s Power Africa Working Group

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Federal Register Presidential Documents Vol. 81, No. 216

Tuesday, November 8, 2016

Title 3— Executive Order 13746 of November 3, 2016

The President Advancing the Goals of the Power Africa Initiative to Ex- pand Access to Electricity in Sub-Saharan Africa Through the Establishment of the President’s Power Africa Working Group

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to partner, consult, and coordinate with African governments, bilateral and multilateral partners, the private sector, and civil society to expand access to electricity and increase electricity generation in Sub-Saharan Africa, in both urban and rural areas. Through the Power Africa initiative (Power Africa), we aim to double access to power in Sub-Saharan Africa by adding 30,000 megawatts (MW) of capacity and 60 million new household and business connections by 2030, and in so doing, leapfrog to cleaner forms of energy and foster inclusive economic growth and opportunity across Sub-Saharan Africa. On June 30, 2013, my Administration launched Power Africa, a new initiative to double access to power in Sub-Saharan Africa, where more than two- thirds of the population is without electricity, and more than 85 percent of those living in rural areas lack access to electricity. In its initial phase, Power Africa aimed to add more than 10,000 MW of cleaner, more efficient electricity generation capacity and to increase electricity access by at least 20 million new households and commercial entities with on-grid, mini- grid, and off-grid solutions. Power Africa builds on Africa’s enormous power potential, including extensive clean geothermal, hydro, wind and solar energy resources, as well as vast oil and gas reserves. Power Africa works with countries to develop resources responsibly, build out power generation, trans- mission, and distribution, and expand the reach of mini-grid and off-grid solutions. Power Africa brings to bear a wide range of tools from across the Federal Government and more than 130 public and private sector partners to support investment in Africa’s energy sector. Power Africa provides coordi- nated support to help African partners expand their power networks and access to electricity, including through policy and regulatory best practices, institutional capacity building, pre-feasibility support, grants, long-term fi- nancing, insurance, guarantees, credit enhancements, and technical assist- ance. On August 5, 2014, during the U.S.-Africa Leaders Summit, my Administra- tion affirmed that Power Africa is intended to reach across Sub-Saharan Africa, and tripled Power Africa’s goals. Power Africa is now working toward adding 30,000 MW of new, cleaner electricity generation capacity and increas- ing electricity access by at least 60 million new connections. On January 28, 2016, my Administration, in coordination with Power Africa partners, launched the Power Africa Roadmap, which lays out a concrete plan for Power Africa to meet its ambitious goals by 2030. The Electrify Africa Act of 2015, enacted on February 8, 2016 (Public Law 114–121) (the ‘‘Act’’), calls for the development of a strategy to add at least 20,000 MW of electrical power and promote first-time access to power and power services for at least 50 million people in Sub-Saharan Africa by 2020 in both urban and rural areas—an effort that directly supports and complements Power Africa’s goals. This order furthers the purposes of the Act and the work that Power Africa has been undertaking.

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Sec. 2. Establishment of the Coordinator for Power Africa. The United States Agency for International Development (USAID) shall serve as the lead agency to facilitate the implementation of Power Africa and associated activities across the United States Government. The Administrator of USAID shall establish the position of Coordinator for Power Africa within USAID. Sec. 3. Power Africa Working Group. (a) There is hereby established the Power Africa Working Group (Working Group), co-chaired by the Coordinator for Power Africa within USAID and a member of the National Security Council (NSC) staff to be designated by the Assistant to the President for National Security Affairs. The Working Group shall serve as the multi- agency coordinating and advisory body for the Federal Government’s efforts to identify, evaluate, prioritize, and deliver assistance to energy projects across Sub-Saharan Africa in order to advance the energy access and elec- tricity generation goals of Power Africa and promote policy cohesion across the Federal Government. Through the Working Group, participating depart- ments and agencies shall provide advice and promote coherence of United States Government positions on and assistance for priority energy projects and policy reforms in support of Power Africa. (b) The Working Group shall consist of representatives of the following executive branch departments and agencies (Participating Agencies): (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Agriculture; (iv) the Department of Commerce; (v) the Department of Energy; (vi) the Export-Import Bank of the United States; (vii) the United States Agency for International Development; (viii) the Overseas Private Investment Corporation; (ix) the United States Trade and Development Agency; (x) the Millennium Challenge Corporation; (xi) the United States Army Corps of Engineers; (xii) the Office of Management and Budget; and (xiii) such other agencies as the Co-Chairs may designate or invite to participate, including the United States African Development Foundation. (c) The Working Group may consult with non-United States Government entities that participate in Power Africa as bilateral, multilateral, private sector partners and nongovernmental organizations to provide input and advice to the United States Government, as appropriate, regarding the imple- mentation of Power Africa. (d) The Working Group may establish sub-groups consisting exclusively of Working Group members or their designees, as appropriate, such as one for each of the three pillars of the Power Africa Roadmap: (1) megawatts, (2) connections, and (3) unlocking energy sector potential. (e) The Working Group shall be supported by the Office of the Coordinator for Power Africa within USAID. Sec. 4. Mission and Functions of the Working Group. The Working Group, as may be necessary and appropriate to carry out this order, shall: (a) Ensure efficient and effective coordination of energy access activities in Sub-Saharan Africa among Participating Agencies. (b) Identify, prioritize, and evaluate potential Power Africa projects, regu- latory and policy reforms, and programmatic focus areas, including maxi- mizing deployment of and access to renewable energy. (c) Identify country and project specific obstacles to the development of the electricity sector, including financial and technical assistance needs

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and capacity building needs, and identify opportunities for Participating Agencies to deploy their respective tools and best practices to advance needed reforms and accelerate the completion of Power Africa projects. (d) Enhance coordination among Participating Agencies to maximize the efficiency and effectiveness of United States Government development assist- ance and other development finance tools as related to Power Africa prior- ities. (e) Facilitate information sharing and coordination of partnerships between Participating Agencies and African governments, the private sector, develop- ment partners, and bilateral and multilateral partners to help advance Power Africa’s goals. (f) Identify appropriate courses of action to liaise with host governments to advance regulatory and policy reforms, as well as energy transactions, related to Power Africa. (g) Identify best practices for Participating Agencies to coordinate their engagement with development partners, including bilateral donors, develop- ment finance institutions, and multilateral development banks on energy access issues, to ensure that Power Africa’s tools are deployed in a way that is complementary to and leverages the impact of United States Govern- ment resources. (h) Meet with private sector partners, as appropriate, to review Power Africa projects and activities, and to solicit input regarding technical, policy, financial or political, obstacles that partners are encountering in the energy sector across Sub-Saharan Africa. (i) Meet with bilateral and multilateral development partners, as appro- priate, to coordinate country-specific and regional energy access policy agen- das, coordinate deployment of financial resources and technical expertise to identify and accelerate Power Africa projects and activities, and review project pipelines. (j) Monitor and periodically evaluate Power Africa projects and activities to measure the effectiveness of United States Government assistance and other development finance tools in achieving Power Africa’s electricity gen- eration and access goals, and to share lessons learned. These evaluations may recommend reforms to facilitate support for future projects and activities, and to increase the Working Group’s effectiveness. Sec. 5. Partnering with African Private Sector Companies. I hereby direct Participating Agencies to facilitate as appropriate, to the maximum extent possible under the law, the participation of local and regional companies in power, renewable energy, and climate change projects in low-income countries in Africa, including through the use of financing and risk insurance, where appropriate. Sec. 6. Reporting. The Administrator of USAID, in coordination with the Participating Agencies, shall lead in the development of a report, to be transmitted to the Congress pursuant to section 7 of the Act and the Presi- dential Memorandum of August 3, 2016, ‘‘Delegation of Authority Pursuant to Section 4 and Section 7 of the Electrify Africa Act of 2015,’’ on progress made toward achieving the comprehensive, integrated, multiyear strategy that was transmitted to the Congress on August 6, 2016, pursuant to section 4 of the Act, to encourage the efforts of countries in Sub-Saharan Africa to implement national power strategies and develop an appropriate mix of power solutions to provide access to sufficient, reliable, affordable, and sustainable power in order to reduce poverty and drive economic growth and job creation. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof, or the status of that department or agency within the Federal Government; or

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(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, November 3, 2016.

[FR Doc. 2016–27156 Filed 11–7–16; 11:15 am] Billing code 3295–F7–P

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Reader Aids Federal Register Vol. 81, No. 216 Tuesday, November 8, 2016

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1290...... 76291 346...... 76542 117 ...... 76512, 76513, 76866 43 CFR 1291...... 76291 347...... 76542 165...... 75694, 76513 Proposed Rules: Proposed Rules: 357...... 76315 Proposed Rules: 8360...... 76905 Regulation H...... 78063 380...... 76542 117...... 76889 22...... 78063 165...... 76545 21 CFR 44 CFR 208...... 78063 64...... 76870, 78054 326...... 75753 5...... 78033 34 CFR 339...... 78063 10...... 78500 391...... 75753 73...... 75689 30...... 75926 45 CFR 614...... 78063 74...... 75689 668...... 75926 1370...... 76446 760...... 78063 117...... 75692 674...... 75926 507...... 75693 682...... 75926 47 CFR 14 CFR Proposed Rules: 685...... 75926 686...... 75926 10...... 75710 39 ...... 75684, 75686, 75687, 1...... 78526 11...... 75710, 76515 76843, 76845, 76848, 76851 101...... 76323 73...... 76220 71 ...... 76854, 76855, 76857, 573...... 78528 36 CFR Proposed Rules: 76858 1...... 77972 25 CFR 10...... 78539 73...... 78029 9...... 77972 234...... 76300, 76800 170...... 78456 11...... 78539 25...... 76551 241...... 76300 517...... 76306 37 CFR 244...... 76800 584...... 76306 250...... 76800 585...... 76306 2...... 78042 48 CFR 255...... 76800 6...... 76867 212...... 78012 256...... 76800 26 CFR 7...... 78042 231...... 78008 257...... 76800 1...... 76496, 76497 201...... 75695 242...... 78008 259...... 76800 Proposed Rules: Proposed Rules: 247...... 78011 399...... 76800 1...... 76542, 76544 401...... 78090 252...... 78011 Proposed Rules: 404...... 78090 Proposed Rules: 31 CFR 39 ...... 75757, 75759, 75761, 202...... 78015 75762, 76532, 76540, 76883, Ch. V...... 76861 40 CFR 215...... 78014, 78015 76885, 78080, 78083, 78085 501...... 76861 49...... 78043 225...... 78015 71 ...... 76886, 76888, 78088 593...... 76861 52 ...... 78043, 78048, 78052, 252...... 78014, 78015 1010...... 76863 15 CFR 78688, 78691 1020...... 76863 62...... 75708 49 CFR 738...... 76859 1021...... 76863 81...... 78688, 78691 395...... 75727 740...... 76859 1022...... 76863 180...... 78509 800...... 75729 742...... 76859 1023...... 76863 Proposed Rules: 803...... 75729 746...... 76859 1024...... 76863 52 ...... 75764, 76547, 76891, 804...... 75729 Proposed Rules: 1025...... 76863 78097, 78529 Proposed Rules: 923...... 78514 1026...... 76863 62...... 75780 393...... 78103 18 CFR 32 CFR 63...... 76550 Ch. V...... 78103 81...... 76891 199...... 76307 571...... 78103 Proposed Rules: 241...... 75781 33...... 76542 Proposed Rules: 50 CFR 40...... 76542 21...... 78442 42 CFR 45...... 76542 22...... 78442 17...... 76311 153...... 76542 32...... 78442 409...... 76702 635...... 76874 157...... 76542 33...... 78442 413...... 77834 648...... 75731, 76516 340...... 76542 34...... 78442 414...... 77008, 77834 679 ...... 75740, 76530, 76875 341...... 76542 37...... 78442 484...... 76702 Proposed Rules: 342...... 76315, 76542 221...... 76325 494...... 77834 17...... 75801 343...... 76315, 76542 495...... 77008 18...... 78560 344...... 76542 33 CFR Proposed Rules: 622...... 76908 345...... 76542 100 ...... 76865, 78041, 78507 494...... 76899 665...... 75803

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