Vol. 81 Wednesday, No. 154 August 10, 2016

Pages 52741–52968

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 81, No. 154

Wednesday, August 10, 2016

Agency for Healthcare Research and Quality Coast Guard NOTICES RULES Agency Information Collection Activities; Proposals, Drawbridge Operations: Submissions, and Approvals, 52864–52867 Berwick Bay-Atchafalaya River, Morgan City, LA, 52769 Safety Zones: Agriculture Department Multiple Fireworks and Swim in Captain of the Port New See Animal and Plant Health Inspection Service York Zone, 52769–52770 See Food and Nutrition Service See Forest Service Commerce Department See Census Bureau Animal and Plant Health Inspection Service See Foreign-Trade Zones Board NOTICES See International Trade Administration Concurrence with World Organization for Animal Health See National Institute of Standards and Technology Risk Designations for Bovine Spongiform See National Oceanic and Atmospheric Administration Encephalopathy, 52811–52812 Import Authorizations: Community Development Financial Institutions Fund Fresh Figs from Peru into the Continental United States, RULES 52812–52813 Bank Enterprise Award Program, 52741–52750 Fresh Pomegranates from Peru into the Continental NOTICES United States, 52810–52811 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52961–52962 Army Department RULES Copyright Royalty Board Army Privacy Program, 52767–52769 PROPOSED RULES NOTICES Notice and Recordkeeping for Use of Sound Recordings Privacy Act; Systems of Records, 52831–52835 under Statutory License, 52782–52783

Bureau of Consumer Financial Protection Defense Department NOTICES See Army Department Methodology for Determining Average Prime Offer Rates, See Engineers Corps 52831 NOTICES Privacy Act; Systems of Records, 52835–52838 Bureau of Safety and Environmental Enforcement NOTICES Drug Enforcement Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Bulk Manufacturers of Controlled Substances; Registrations: Oil and Gas Production Measurement, Surface Noramco, Inc., Cayman Chemical Co., Janssen Commingling, and Security, 52903–52907 Pharmaceutical, Inc., et al., 52908–52909 Importers of Controlled Substances; Registrations: Census Bureau Mylan Pharmaceuticals, Inc., Hospira, Cambrex Charles NOTICES City, et al., 52908 Meetings: National Advisory Committee, 52823 Education Department NOTICES Centers for Disease Control and Prevention Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Federal Direct Loan Program Regulations for Forbearance Submissions, and Approvals, 52867–52877 and Loan Rehabilitation, 52841–52842

Centers for Medicare & Medicaid Services Energy Department PROPOSED RULES See Federal Energy Regulatory Commission Medicare Program: NOTICES Revisions to Payment Policies under the Physician Fee Agency Information Collection Activities; Proposals, Schedule and Other Revisions to Part B for CY 2017; Submissions, and Approvals, 52842 Medicare Advantage Pricing Data Release; Medicare Advantage and Part D Medical Low Ratio Data Engineers Corps Release; Medicare Advantage Provider Network PROPOSED RULES Requirements; Expansion of Medicare Diabetes Danger Zones and Restricted Areas: Prevention Program Model; Correction, 52783–52784 Menominee River, Marinette Marine Corp. Shipyard, NOTICES Marinette, WI, 52781–52782 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 52877–52878 Deauthorization of Water Resources Projects, 52838–52841

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Deauthorization of Water Resources Projects; Correction, Federal Motor Carrier Safety Administration 52840 NOTICES Hours of Service of Drivers; Exemption Applications: Environmental Protection Agency Farruggio’s Express, 52953–52955 RULES Qualification of Drivers; Exemption Applications: Denial of Petitions for Reconsideration: Diabetes Mellitus, 52947–52953 Oil and Natural Gas Sector: New Source Performance Standards; Final Action, 52778–52779 Federal Railroad Administration NOTICES NOTICES Clean Air Act Operating Permit Program Petitions: Meetings: Objection to State Operating Permit for Waupaca Foundry Railroad Safety Advisory Committee, 52955–52956 Plant 1, 52850–52851 Petition for Special Approval of Alternate Standard: National Pollutant Discharge Elimination System General Maryland Transit Administration, 52956 Permits: Petitions for Waivers of Compliance: Massachusetts, New Hampshire; Discharges from Potable New Jersey Transit Corp., 52956–52957 Water Treatment Facilities, 52851–52852 Pesticide Data Transfers: Federal Trade Commission Summitec Corp.; Versar, Inc.; and CDM/CSS-Dynamac PROPOSED RULES Joint Venture, 52852–52853 Guide Concerning Fuel Economy Advertising for New Automobiles, 52780–52781 Federal Accounting Standards Advisory Board NOTICES NOTICES Analysis of Proposed Consent Orders: Guidance: Mars Petcare US, Inc., 52854–52855 Statement of Federal Financial Accounting Standards 50, Early Terminations of the Waiting Periods under the 52853 Premerger Notification Rules, 52855–52864 Federal Aviation Administration Federal Transit Administration RULES NOTICES Airworthiness Directives: Transfers of Federally Assisted Lands or Facilities, 52957– Airbus Airplanes, 52750–52752, 52758–52761 52958 Dassault Aviation Airplanes, 52752–52755 The Boeing Company Airplanes, 52755–52758 Fish and Wildlife Service Class E Airspace; Amendments: PROPOSED RULES Hutchinson, Jackson, Pipestone, Two Harbors, Waseca, Endangered and Threatened Wildlife and Plants: MN, 52761–52762 Endangered Species Status for Texas Hornshell, 52796– Class E Airspace; Revocations: 52809 Lake Providence, LA, 52762–52763 Food and Drug Administration Federal Emergency Management Agency NOTICES NOTICES Agency Information Collection Activities; Proposals, Flood Hazard Determinations; Changes, 52884–52889, Submissions, and Approvals, 52878–52879 52892–52896 Meetings: Flood Hazard Determinations; Proposals, 52889–52892, Anesthetic and Analgesic Drug Products Advisory 52896–52899 Committee and the Drug Safety and Risk Management Advisory Committee, 52879–52880 Federal Energy Regulatory Commission NOTICES Food and Nutrition Service Combined Filings, 52842–52848 NOTICES Initial Market-Based Rate Filings Including Requests for Agency Information Collection Activities; Proposals, Blanket Section 204 Authorizations: Submissions, and Approvals: Algonquin SKIC 10 Solar, LLC, 52850 Supplemental Nutrition Assistance Program: State Bluestem Wind Energy, LLC, 52850 Agency Options, 52820–52821 EF Kenilworth, LLC, 52843–52844 Supplemental Nutrition Assistance Program: State Great Western Wind Energy, LLC, 52848–52849 Issuance and Participation Estimates, 52813–52814 Kelly Creek Wind, LLC, 52843 Third Access Participation Eligibility and Certification McHenry Battery Storage, LLC, 52849 Study Series, 52814–52819 Solverde 1, LLC, 52849–52850 Telysium Energy Marketing, LLC, 52846 Foreign-Trade Zones Board Vista Energy Marketing, LP, 52845 NOTICES Applications for Subzone Expansions: Federal Financial Institutions Examination Council Phillips 66 Co., Subzone 149C, Brazoria County, TX, NOTICES 52823–52824 Home Mortgage Disclosure Act Filing Instructions Guides Production Activities: for HMDA Data Collected in 2017 and 2018; Givaudan Flavors Corp., Foreign-Trade Zone 46G, Correction, 52853 Cincinnati, OH, 52824 Tesla Motors, Inc., Foreign-Trade Zone 126, Reno, NV, Federal Maritime Commission 52824–52825 NOTICES Subzone Approvals: Agreements Filed, 52853–52854 Rooms to Go (PR), Inc., Toa Baja, PR, 52824

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Forest Service International Trade Commission NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Investigations; Determinations, Modifications, and Rulings, Sand Lick Fork Restoration Project, Daniel Boone etc.: National Forest, Morehead, KY, 52821 Light-Emitting Diode Products and Components Thereof, Meetings: 52907–52908 Tehama County Resource Advisory Committe, 52821– 52822 Justice Department Newspapers Used for Publication of Legal Notices: See Drug Enforcement Administration Intermountain Region: Utah, Idaho, Nevada, Wyoming, NOTICES 52822–52823 Proposed Consent Decrees under the Clean Water Act, 52909–52910 Geological Survey Land Management Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Environmental Impact Statements; Availability, etc.: Submissions, and Approvals: West of Devers Upgrade Project, Riverside and San Assessment of Effects of Climate on Waterfowl, 52899– Bernardino Counties, CA, 52900–52901 52900 Library of Congress See Copyright Royalty Board Health and Human Services Department See Agency for Healthcare Research and Quality National Institute of Standards and Technology See Centers for Disease Control and Prevention NOTICES See Centers for Medicare & Medicaid Services Requests for Information: See Food and Drug Administration Current and Future States of Cybersecurity in the Digital See Health Resources and Services Administration Economy, 52827–52829 See Substance Abuse and Mental Health Services Administration National Oceanic and Atmospheric Administration NOTICES RULES Interest Rate on Overdue Debts, 52881–52882 Fisheries of the Exclusive Economic Zone Off Alaska: Requests for Nominations: Pacific Ocean Perch in the Bering Sea and Aleutian Office on Women’s Health 25th Anniversary Partnership Islands Management Area, 52779 Award, Trailblazer Award, and Emerging Leader NOTICES Award, 52880–52881 Environmental Assessments; Availability, etc.: Fisheries and Ecosystem Research Conducted and Health Resources and Services Administration Funded by the National Marine Fisheries Service, NOTICES Alaska Fisheries Science Center, 52830–52831 Agency Information Collection Activities; Proposals, Exempted Fishing Permit Applications: Submissions, and Approvals: Fisheries of the Caribbean, Gulf of Mexico, and South Office for the Advancement of Telehealth Outcome Atlantic Snapper-Grouper Fishery of the South Measure, 52880 Atlantic, 52829–52830 National Park Service Homeland Security Department NOTICES See Coast Guard Agency Information Collection Activities; Proposals, See Federal Emergency Management Agency Submissions, and Approvals: See U.S. Customs and Border Protection Relocation Assistance and Real Property Acquisition Program, 52901–52902 National Register of Historic Places: Interior Department Pending Nominations and Related Actions, 52901–52903 See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service Nuclear Regulatory Commission See Geological Survey NOTICES See Land Management Bureau Exemptions: See National Park Service Wolf Creek Generating Station; Use of Optimized ZIRLO Fuel Rod Cladding Material, 52910–52912 Internal Revenue Service RULES Personnel Management Office Preparer Tax Identification Number User Fee Update, NOTICES 52766–52767 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52915–52916 Excepted Service, 52912–52915 International Trade Administration NOTICES Pipeline and Hazardous Materials Safety Administration Antidumping or Countervailing Duty Investigations, Orders, NOTICES or Reviews: Applications for Special Permits, 52958–52961 Lightweight Thermal Paper from Germany, 52826–52827 Applications for Special Permits: Pasta from Turkey, 52825–52826 Hazardous Materials, 52959–52960

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Postal Regulatory Commission Substance Abuse and Mental Health Services NOTICES Administration New Postal Products, 52916–52917 NOTICES Meetings: Postal Service Center for Substance Abuse Prevention, 52883 NOTICES National Advisory Council, 52882 Product Changes: National Advisory Councils, 52882–52883 Priority Mail and First-Class Package Service Negotiated Service Agreement, 52917 Surface Transportation Board Priority Mail Express and Priority Mail Negotiated PROPOSED RULES Service Agreement, 52917 Review of the General Purpose Costing System; Supplement, 52784–52796 NOTICES Presidential Documents Discontinuance of Service Exemptions: PROCLAMATIONS CSX Transportation, Inc., Boone County, WV, 52946 Special Observances: National Health Center Week (Proc. 9473), 52963–52966 Susquehanna River Basin Commission ADMINISTRATIVE ORDERS NOTICES Defense and National Security: Meetings: Transfer of Unified Command Plan Responsibilities Susquehanna River Basin Commission, 52946–52947 (Memorandum of August 5, 2016), 52967 Transportation Department Securities and Exchange Commission See Federal Aviation Administration NOTICES See Federal Motor Carrier Safety Administration Applications: See Federal Railroad Administration Allianz Life Insurance Co. of North America, et al., See Federal Transit Administration 52939–52943 See Pipeline and Hazardous Materials Safety TrimTabs ETF Trust, et al., 52925–52926 Administration Joint Industry Plans: RULES BATS Exchange, Inc., BATS-Y Exchange, Inc., BOX Revisions to Civil Penalty Amounts, 52763–52766 Options Exchange, LLC, et al., 52917–52920 Treasury Department Self-Regulatory Organizations; Proposed Rule Changes: See Community Development Financial Institutions Fund C2 Options Exchange, Inc., 52922–52925 See Internal Revenue Service Investors Exchange, LLC, 52933–52939 NASDAQ Stock Market, LLC, 52926–52932 U.S. Customs and Border Protection NYSE Arca, Inc., 52920–52922 NOTICES Revocation of Customs Brokers’ Licenses; Correction, Social Security Administration 52883–52884 NOTICES Privacy Act; Systems of Records, 52943 Veterans Affairs Department RULES Veterans Employment Pay for Success Grant Program, State Department 52770–52778 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Separate Parts In This Issue Determination of Possible Loss of United States Citizenship, 52945 Part II Designations as Foreign Terrorist Organizations: Presidential Documents, 52963–52967 Liberation Tigers of Tamil Eelam, 52945 Meetings: Cultural Property Advisory Committee, 52943–52944 Memorandums of Understanding: Reader Aids Cyprus: Import Restrictions on Pre-Classical and Classical Consult the Reader Aids section at the end of this issue for Archaeological Objects and Byzantine and Post- phone numbers, online resources, finding aids, and notice Byzantine Period Ecclesiastical and Ritual of recently enacted public laws. Ethnological Materials, 52946 To subscribe to the Federal Register Table of Contents Imposition of Import Restrictions on Archaeological LISTSERV electronic mailing list, go to http:// Material from the Prehispanic Cultures and Certain listserv.access.gpo.gov and select Online mailing list Ethnological Material from the Colonial Period of archives, FEDREGTOC-L, Join or leave the list (or change Peru, 52944–52945 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9473...... 5296 Administrative Orders: Memorandums: Memorandum of August 5, 2016...... 52967 12 CFR 1806...... 52741 14 CFR 39 (4 documents) ...... 52750, 52752, 52755, 52758 71 (2 documents) ...... 52761, 52762 383...... 52763 16 CFR Proposed Rules: 259...... 52780 26 CFR 300...... 52766 32 CFR 505...... 52767 33 CFR 117...... 52769 165...... 52769 Proposed Rules: 334...... 52781 37 CFR Proposed Rules: 370...... 52782 38 CFR 21...... 52770 40 CFR 60...... 52778 42 CFR Proposed Rules: 405...... 52783 410...... 52783 411...... 52783 414...... 52783 417...... 52783 422...... 52783 423...... 52783 424...... 52783 425...... 52783 460...... 52783 49 CFR Proposed Rules: 1247...... 52784 1248...... 52784 50 CFR 679...... 52779 Proposed Rules: 17...... 52796

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Rules and Regulations Federal Register Vol. 81, No. 154

Wednesday, August 10, 2016

This section of the FEDERAL REGISTER programs may be obtained through the under the Distressed Community contains regulatory documents having general CDFI Fund’s Web site at http:// Financing Activity category. Increases applicability and legal effect, most of which www.cdfifund.gov. in lending for commercial purposes are keyed to and codified in the Code of FOR FURTHER INFORMATION CONTACT: have consistently been reported at Federal Regulations, which is published under higher levels in BEA Program 50 titles pursuant to 44 U.S.C. 1510. Robert Ibanez, BEA Program Manager, Community Development Financial applications than lending to residents of The Code of Federal Regulations is sold by Institutions Fund, at [email protected]. Distressed Communities, likely due to the Superintendent of Documents. Prices of SUPPLEMENTARY INFORMATION: the larger average size of commercial new books are listed in the first FEDERAL versus consumer transactions, which REGISTER issue of each week. I. Background makes Applicants potentially eligible The CDFI Fund, Department of the for larger BEA Program awards. Treasury, was authorized by the Currently, the Distressed Community DEPARTMENT OF THE TREASURY Community Development Banking and Financing Activity category of Qualified Activities consists of seven individual Community Development Financial Financial Institutions Act of 1994, as activity-types (Affordable Housing Institutions Fund amended (12 U.S.C. 4701 et seq.) (the Act). The mission of the CDFI Fund is Loans, Small Dollar Consumer Loans, Home Improvement Loans, Education 12 CFR Part 1806 to expand economic opportunity for underserved people and communities Loans, Affordable Housing Development RIN 1505–AA91 by supporting the growth and capacity Loans, Small Business Loans, and of a national network of community Commercial Real Estate Loans). Under Bank Enterprise Award Program development lenders, investors, and the current rule, Applicants report at the AGENCY: Community Development financial service providers. Its vision is activity-type level for Distressed Financial Institutions Fund, Department an America in which all people and Community Financing Activities, and of the Treasury. communities have access to the may choose to report lending for only ACTION: Interim rule with request for investment capital and financial those activity types within the category public comment. services they need to prosper. The BEA that had an increase. This disaggregated Program provides awards to depository method of reporting often does not SUMMARY: The Department of the institutions, insured by the Federal provide a complete and accurate Treasury is issuing a revised interim Deposit Insurance Corporation (FDIC), reflection of the Applicant’s net increase rule implementing the Bank Enterprise that demonstrate an increase in their in lending to businesses and residents Award Program (BEA Program), activities in the form of loans, in Distressed Communities, as intended administered by the Community investments, services, and Technical by the Act, because an Applicant’s Development Financial Institutions Assistance, in Distressed Communities lending typically reflects multiple Fund (CDFI Fund). This revised interim and provide financial assistance to activity types. This revised interim rule rule reflects the CDFI Fund’s Community Development Financial creates two subcategories within the programmatic decision to create two Institutions (CDFIs) through grants, Distressed Community Financing subcategories within the Distressed stock purchases, loans, deposits, and Activities category in order to Community Financing Activities other forms of financial and technical differentiate between: (1) Consumer category of Qualified Activities in order assistance. Loans and (2) Commercial Loans and to differentiate between: Consumer Through the BEA Program, the CDFI Investments. Consumer Loans consist of: Loans and Commercial Loans and Fund seeks to: strengthen and expand Affordable Housing Loans, Small Dollar Investments. This revised interim rule the financial and organizational Consumer Loans, Home Improvement includes revisions necessary to capacity of CDFIs; provide monetary Loans, and Education Loans. implement this modification to the awards to insured depository Commercial Loans and Investments Distressed Community Financing institutions that increase their lending consist of: Affordable Housing Activities category, as well as to make and financial services in Distressed Development Loans, Small Business certain technical corrections and other Communities; and increase the flow of Loans, and Commercial Real Estate updates to the current rule. private capital into Low- and Moderate- Loans. Applicants will be required to DATES: Effective date: August 10, 2016. Income areas. Applicants participate in aggregate Baseline Period and All comments must be written and must the BEA Program through a competitive Assessment Period amounts at the be received in the offices of the CDFI application process in which the CDFI subcategory levels. In order to Fund on or before October 11, 2016. Fund evaluates Applicants based on the substantiate the aggregate amounts ADDRESSES: You may submit comments value of their increases in certain reported, Applicants will continue to be concerning this revised interim rule via Qualified Activities. BEA Program required to submit individual the Federal e-Rulemaking Portal at award Recipients receive award transactions at the activity-type level. http://www.regulations.gov (please proceeds in the form of a grant after This regulatory change seeks to increase follow the instructions for submitting successful completion of specified incentives for Applicants’ lending to comments). All submissions received Qualified Activities. consumers in Distressed Communities must include the agency name and The CDFI Fund has determined that, and to ensure that Applicants provide Regulatory Information Number (RIN) under the current rule, Applicants may complete and accurate information for this rulemaking. Other information be disproportionately incentivized to regarding their Distressed Community regarding the CDFI Fund and its engage in commercial lending activities Financing Activities.

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On May 5, 2015, the CDFI Fund revised in § 1806.103 to ensure that the Section 1806.405(b) has been revised published in the Federal Register an borrower is an Eligible Resident who to reflect the transition from paper to interim rule (80 FR 25581) meets Low- and Moderate-Income electronic submission of certain implementing the BEA Program. The requirements. ‘‘Financial Services’’ is application components. This section deadline for submission of comments revised in § 1806.103 to remove the has also been revised in was July 3, 2015. requirement that an Eligible Resident 1806.405(b)(6)(ii) to remove a redundant receiving such services must also meet reference to ‘‘Eligible Residents that II. Comments on the May 5, 2015, Low- and Moderate-Income resided in a Distressed Community,’’ Interim Rule requirements. ‘‘Individual Development where the definition of Eligible As of the close of the July 3, 2015 Account’’ has been revised in Residents already requires that they comment period, the CDFI Fund § 1806.103 to clarify that holders of such reside in a Distressed Community. received no comments on the current accounts must be Eligible Residents IV. Rulemaking Analysis rule. who meet Low- and Moderate-Income III. Summary of Changes requirements. The term ‘‘Small Dollar A. Executive Order (E.O.) 12866 Consumer Loan’’ has been revised in It has been determined that this rule A. Subpart A: In subpart A, § 1806.103 to ensure that the borrower § 1806.103, Definitions, various changes is not a significant regulatory action as is an Eligible Resident who meets Low- defined in Executive Order 12866. and updates were made to the defined and Moderate-Income requirements. terms in the rule. Throughout the Therefore, a Regulatory Assessment is The term ‘‘Targeted Financial Services’’ not required. revised interim rule, the defined term is revised in § 1806.103 to remove the ‘‘Qualified Activity’’ has been replaced requirement that an Eligible Resident B. Regulatory Flexibility Act by ‘‘Eligible Activity’’ in those instances receiving such services must also meet Because no notice of proposed where the intention is to define Low- and Moderate-Income rulemaking is required under the authorized uses of BEA Program awards requirements. ‘‘Targeted Retail Savings/ Administrative Procedure Act (5 U.S.C. by Recipients as opposed to defining Investment Products’’ has been revised 553) or any other law, the Regulatory Qualified Activities that are completed in § 1806.103 to remove the requirement Flexibility Act does not apply. and reported by Applicants seeking to that such products be targeted to an receive awards. This change will Eligible Resident who also meets Low- C. Paperwork Reduction Act provide greater clarity to Applicants and Moderate-Income requirements. The collections of information regarding the requirements to receive ‘‘Low- and Moderate-Income’’ is revised contained in this revised interim rule and use BEA Program awards. in § 1806.103 to better align with the have been previously reviewed and The term ‘‘CDFI Support Activity’’ is CDFI Fund’s definition of the term approved by OMB in accordance with revised in § 1806.103 to remove the across its other programs. The term the Paperwork Reduction Act of 1995 specific criteria for ‘‘deposits’’ as such ‘‘Priority Factor’’ has been revised in and assigned the applicable OMB criteria will now be specified in the § 1806.103 to incorporate the newly- Control Number associated with the applicable NOFA. This will allow the designated subcategories under CDFI Fund under 1559. An agency may CDFI Fund greater flexibility in Distressed Community Financing not conduct or sponsor, and a person is adapting these criteria to market Activities. not required to respond to, a collection changes. New definitions have been B. Subpart C: The title of subpart C of information, unless it displays a valid added in § 1806.103 for ‘‘Commercial has been revised to ‘‘Use of Funds/ control number assigned by OMB. The Loans and Investments’’ and ‘‘Consumer Eligible Activities.’’ revised interim rule imposes collections Loans,’’ the two new subcategories C. Subpart D: In subpart D, of new information, for which the CDFI under the Distressed Community § 1806.401(a), minor revisions have Fund has OMB approval. Financing Activities category. The term been made in order to clarify that the ‘‘Community Services’’ has been revised section references Qualified Activities D. National Environmental Policy Act to allow the CDFI Fund the discretion conducted by an Applicant prior to The revised interim rule has been to specify activities that are comparable award rather than future activities reviewed in accordance with the CDFI to Community Services in the proposed by an Applicant. Section Fund’s Environmental Quality applicable NOFA. This will allow the 1806.402(b) has been revised to regulations (12 CFR part 1815), CDFI Fund greater flexibility to adapt implement the two new subcategories promulgated pursuant to the National this listing to reflect developments in under the Distressed Community Environmental Protection Act of 1969 banking community activities. The term Financing Activities category— (NEPA), which requires that the CDFI ‘‘Development Service Activities’’ has Consumer Loans or Commercial Loans Fund adequately consider the been revised to allow the CDFI Fund the and Investments. Under the revised cumulative impact that proposed discretion to specify any activities that language, if an Applicant chooses to activities have upon the human are comparable to Development Service report transactions on any single environment. It is the determination of Activities in the applicable NOFA, again activity type in either subcategory, the the CDFI Fund that the revised interim providing greater flexibility for the CDFI Applicant must report its overall rules does not constitute a major federal Fund to adapt to market developments. increase on all activity types within that action significantly affecting the quality In order to better align the defined subcategory. Section 1806.402(c) has of the human environment, and, in individual beneficiaries of various been revised to remove the requirement accordance with the NEPA and the CDFI Qualified and Eligible Activities with that when activities serving a Distressed Fund Environmental Quality BEA Program goals, the CDFI Fund in Community are provided to an Eligible regulations, neither an Environmental this revised interim rule has clarified Resident, the resident must also meet Assessment nor an Environmental where such beneficiaries must be Low- and Moderate-Income Impact Statement is required. Eligible Residents and where they must requirements. Section 1806.403(c) has be Eligible Residents that also meet BEA been revised to provide a basic formula E. Administrative Procedure Act Program Low- and Moderate-Income for calculating the estimated award Because the revisions to this revised requirements. ‘‘Education Loan’’ is amount for Qualified Activities. interim rule relate to grants, notice and

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public procedure and a delayed Subpart A—General Provisions from another CDFI Fund program or effective date are not required pursuant Federal program. to the Administrative Procedure Act § 1806.100 Purpose. (2) An Applicant that is a CDFI may found at 5 U.S.C. 553(a)(2). The purpose of the Bank Enterprise not receive a BEA Program Award, Award (BEA) Program is to provide F. Comment either directly or through a community grants to Insured Depository Institutions partnership if it has: Public comment is solicited on all that provide financial and technical (i) Received a CDFI Program award aspects of this interim rule. The CDFI assistance to Community Development within the preceding 12-month period, Fund will consider all comments made Financial Institutions and increase their or has a CDFI Program application on the substance of this interim rule, but activities in Distressed Communities. pending; or it does not intend to hold hearings. § 1806.101 Summary. (ii) Ever received a CDFI Program G. Catalog of Federal Domestic Through the BEA Program, the CDFI award based on the same activity during Assistance Number Fund will provide monetary awards in the same semiannual period for which the form of grants to Applicants selected the institution seeks a BEA Program Bank Enterprise Award Program— by the CDFI Fund that increase their Award. 21.021. investments in or provide other support § 1806.103 Definitions. List of Subjects in 12 CFR Part 1806 of CDFIs, increase their lending and investment activities in Distressed For purposes of this part, the Banks, banking, Community Communities, or increase their following terms shall have the following development, Grant programs—housing provision of certain services and definitions: and community development, Reporting assistance. Distressed Communities Act means the Community and recordkeeping requirements, must meet minimum geographic, Development Banking and Financial Savings associations. poverty, and unemployment criteria. Institutions Act of 1994, as amended (12 Applicants are selected to receive BEA U.S.C. 4701 et seq.); For the reasons set forth in the Program Awards through a merit-based, Affordable Housing Development preamble, 12 CFR part 1806 is revised competitive application process. The Loan means origination of a loan to to read as follows: amount of a BEA Program Award is finance the acquisition, construction, based on the increase in Qualified and/or development of single- or multi- PART 1806—BANK ENTERPRISE Activities that are carried out by the family residential real property, where AWARD PROGRAM Applicant during the Assessment at least 60 percent of the units in such Subpart A—General Provisions Period. BEA Program Awards are property are affordable, as may be 1806.100 Purpose. disbursed by the CDFI Fund after the defined in the applicable NOFA, to 1806.101 Summary. Recipient has successfully completed Eligible Residents who meet Low- and 1806.102 Relationship to other CDFI Fund projected Qualified Activities. Each Moderate-Income requirements; programs. Recipient will enter into an Award Affordable Housing Loan means 1806.103 Definitions. Agreement, which will require it to origination of a loan to finance the 1806.104 Uniform Administrative abide by terms and conditions pertinent purchase or improvement of the Requirements; waiver authority. to any assistance received under this borrower’s primary residence, and that 1806.105 OMB control number. part, including the requirement that is secured by such property, where such Subpart B—Eligibility BEA Program Award proceeds must be borrower is an Eligible Resident who used for Eligible Activities, and in 1806.200 Applicant eligibility. meets Low- and Moderate-Income accordance with the Uniform requirements. Affordable Housing Loan Subpart C—Use of Funds/Eligible Activities Administrative Requirements, as may also refer to second (or otherwise 1806.300 Eligible Activities. applicable. All BEA Program Awards subordinated) liens or ‘‘soft second’’ 1806.301 Restrictions on use of award. are made subject to funding availability. mortgages and other similar types of Subpart D—Award Determinations § 1806.102 Relationship to other CDFI down payment assistance loans, but Fund programs. may not necessarily be secured by such 1806.400 General. property originated for the purpose of (a) Restrictions using BEA Program 1806.401 Community eligibility and facilitating the purchase or designation. Award in conjunction with other improvement of the borrower’s primary 1806.402 Measuring and reporting awards. (1) Restrictions are in place on residence, where such borrower is an Qualified Activities. applying for, receiving, and using BEA Eligible Resident who meets Low- and 1806.403 Estimated award amounts. Program Awards in conjunction with Moderate-Income requirements; 1806.404 Selection process; actual award awards under other programs amounts. administered by the CDFI Fund. Applicant means any insured 1806.405 Applications for BEA Program (2) Other programs include, but not depository institution (as defined in Awards. limited to, the Capital Magnet Fund, the section 3(c)(2) of the Federal Deposit Subpart E—Terms and Conditions of CDFI Program, the CDFI Bond Insurance Act (12 U.S.C. 1813)) that is Assistance Guarantee Program, the Native applying for a Bank Enterprise Award; 1806.500 Award Agreement; sanctions. American CDFI Assistance Program, and Appropriate Federal Banking Agency 1806.501 Compliance with government the New Markets Tax Credit Program, has the same meaning as in section 3 of requirements. are as set forth in the applicable notice the Federal Deposit Insurance Act (12 1806.502 Fraud, waste, and abuse. of funding opportunity or Notice of U.S.C. 1813); 1806.503 Books of account, records, and Allocation Availability. Assessment Period means an annual government access. (b) Prohibition against double or semi-annual period specified in the 1806.504 Retention of records. funding. (1) Qualified Activities may applicable NOFA in which an Applicant Authority: 12 U.S.C. 1834a, 4703, 4703 not include transactions funded in will carry out, or has carried out, note, 4713, 4717; 31 U.S.C. 321. whole or in part with award proceeds Qualified Activities;

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Award Agreement means a formal Residents regarding managing their requirements specified in § 1806.401 agreement between the CDFI Fund and personal finances; and such additional criteria as may be a Recipient pursuant to § 1806.500; (2) Provision of Technical Assistance set forth in the applicable NOFA; Bank Enterprise Award (or BEA and consulting services to newly formed Distressed Community Financing Program Award) means an award made small businesses and nonprofit Activities means: to an Applicant pursuant to this part; organizations located in the Distressed (1) Consumer Loans; or Bank Enterprise Award Program (or Community; (2) Commercial Loans and BEA Program) means the program (3) Provision of Technical Assistance Investments; authorized by section 114 of the Act and and financial education to, or servicing Education Loan means an advance of implemented under this part; the loans of, homeowners who are funds to a student who is an Eligible Baseline Period means an annual or a Eligible Residents and meet Low- and Resident who meets Low- and semi-annual period specified in the Moderate-Income requirements; and Moderate-Income requirements for the applicable NOFA, in which an (4) Other services provided to Eligible purpose of financing a college or Applicant has previously carried out Residents who meet Low- and vocational education; Qualified Activities; Moderate-Income requirements or Electronic Transfer Account (or ETA) CDFI Partner means a CDFI that has enterprises that are Integrally Involved means an account that meets the been provided assistance in the form of in a Distressed Community, as deemed following requirements, and with CDFI Related Activities by an appropriate by the CDFI Fund, and respect to which the Applicant has unaffiliated Applicant; other comparable services as may be satisfied the requirements: CDFI Related Activities means Equity specified by the CDFI Fund in the (1) Be an individually owned account Investments, Equity-Like Loans and applicable NOFA; at a Federally insured financial CDFI Support Activities; Consumer Loans means the following institution; CDFI Support Activity means lending activity types: Affordable (2) Be available to any individual who assistance provided by an Applicant or Housing Loans; Education Loans; Home receives a Federal benefit, wage, salary, its Subsidiary to a CDFI that meets Improvement Loans; and Small Dollar or retirement payment; criteria set forth by the CDFI Fund in Consumer Loans; (3) Accept electronic Federal benefit, the applicable NOFA and that is Deposit Liabilities means time or wage, salary, and retirement payments Integrally Involved in a Distressed savings deposits or demand deposits. and such other deposits as a financial Community, in the form of the Any such deposit must be accepted institution agrees to permit; (4) Be subject to a maximum price of origination of a loan, Technical from Eligible Residents at the offices of the Applicant or of the Subsidiary of the $3.00 per month; Assistance, or deposits, as further (5) Have a minimum of four cash specified in the applicable NOFA; Applicant and located in the Distressed Community. Deposit Liabilities may withdrawals and four balance inquiries Commercial Loans and Investments per month, to be included in the means the following lending activity only include deposits held by individuals in transaction accounts (e.g., monthly fee, through: types: Affordable Housing Development (i) The financial institution’s demand deposits, negotiable order of Loans and related Project Investments; proprietary (on-us) automated teller withdrawal accounts, automated Small Business Loans and related machines (ATMs); Project Investments; and Commercial transfer service accounts, and telephone (ii) Over-the-counter transactions at Real Estate Loans and related Project or preauthorized transfer accounts) or the main office or a branch of the Investments; non-transaction accounts (e.g., money financial institution; or Commercial Real Estate Loan means market deposit accounts, other savings (iii) Any combination of on-us ATM an origination of a loan (other than an deposits, and all time deposits), as access and over-the-counter access at Affordable Housing Development Loan defined by the Appropriate Federal the option of the financial institution; or Affordable Housing Loan) that is Banking Agency; (6) Provide the same consumer secured by real estate and used to Development Service Activities means protections that are available to other finance the acquisition or rehabilitation activities that promote community account holders at the financial of a building in a Distressed development and are integral to the institution, including, for accounts that Community, or the acquisition, Applicant’s provision of financial provide electronic access, Regulation E construction and or development of products and Financial Services. Such (12 CFR part 205) protections regarding property in a Distressed Community, services shall prepare or assist current disclosure, limitations on liability, used for commercial purposes; or potential borrowers or investees to procedures for reporting lost or stolen Community Development Financial utilize the financial products or cards, and procedures for error Institution (or CDFI) means an entity Financial Services of the Applicant. resolution; that has been certified as a CDFI by the Development Service Activities include (7) For financial institutions that are CDFI Fund as of the date specified in financial or credit counseling to members of an on-line point-of-sale the applicable NOFA; individuals for the purpose of (POS) network, allow on-line POS Community Development Financial facilitating home ownership, promoting purchases, cash withdrawals, and cash Institutions Fund (or CDFI Fund) means self-employment, or enhancing back with purchases at no additional the Community Development Financial consumer financial management skills; charge by the financial institution Institutions Fund established pursuant or technical assistance to borrowers or offering the ETA; to section 104(a)(12 U.S.C. 4703(a)) of investees for the purpose of enhancing (8) Require no minimum balance, the Act; business planning, marketing, except as required by Federal or State Community Services means the management, financial management law; following forms of assistance provided skills, and other comparable services as (9) At the option of the financial by officers, employees or agents may be specified by the CDFI Fund in institution, be either an interest-bearing (contractual or otherwise) of the the applicable NOFA. or a non-interest-bearing account; and Applicant: Distressed Community means a (10) Provide a monthly statement. (1) Provision of Technical Assistance geographically defined community that Eligible Activities means CDFI Related and financial education to Eligible meets the minimum area eligibility Activities, Distressed Community

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Financing Activities, and Service Residents who meet Low- and Project Investment means providing Activities, and as further described in Moderate-Income requirements financial assistance in the form of a the applicable NOFA and the Award individuals and that enables such purchase of stock, limited partnership Agreement; individuals to save money for a interest, other ownership instrument, or Eligible Resident means an individual particular financial goal including, but a grant to an entity that is Integrally who resides in a Distressed Community; not limited to, and as determined by the Involved in a Distressed Community Equity Investment means financial CDFI Fund: buying a home, paying for and formed for the sole purpose of assistance provided by an Applicant or post-secondary education, or starting or engaging in a project or activity its Subsidiary to a CDFI, which CDFI expanding a small business; (approved by the CDFI Fund), including meets such criteria as set forth in the Insured Depository Institution means Affordable Housing Development Loans, applicable NOFA, in the form of a grant, any bank or thrift, the deposits of which Affordable Housing Loans, Commercial a stock purchase, a purchase of a are insured by the Federal Deposit Real Estate Loans, and Small Business partnership interest, a purchase of a Insurance Corporation; Loans; limited liability company membership Integrally Involved means, for a CDFI Qualified Activities means CDFI interest, or any other investment Partner, having provided or transacted Related Activities, Distressed deemed to be an Equity Investment by the percentage of financial transactions Community Financing Activities, and the CDFI Fund; or dollars (i.e., loans or Equity Service Activities; Equity-Like Loan means a loan Investments), or Development Service Recipient means an Applicant that provided by an Applicant or its Activities, in the Distressed Community receives a BEA Program Award Subsidiary to a CDFI, and made on such identified by the Applicant or the CDFI pursuant to this part and the applicable terms that it has characteristics of an Partner, as applicable, or having NOFA; Equity Investment that meets such attained the percentage of market share Service Activities means the following criteria as set forth in the applicable for a particular product in a Distressed activities: Deposit Liabilities; Financial NOFA; Community, set forth in the applicable Services; Community Services; Targeted Financial Services means check- NOFA; Financial Services; and Targeted Retail cashing, providing money orders and Low- and Moderate-Income or Low- Savings/Investment Products; certified checks, automated teller and Moderate-Income requirements Small Business Loan means an machines, safe deposit boxes, new means borrower income that does not origination of a loan used for branches, and other comparable services exceed 80 percent of the median income commercial or industrial activities as may be specified by the CDFI Fund of the area involved, according to the (other than an Affordable Housing Loan, in the applicable NOFA, that are U.S. Census Bureau data, set forth in the Affordable Housing Development Loan, provided by the Applicant to Eligible Applicable NOFA; Commercial Real Estate Loan, Home Residents or enterprises that are Metropolitan Area means an area Improvement Loan) to a business or Integrally Involved in the Distressed designated as such (as of the date of the farm that meets the size eligibility Community; BEA Program application) by the Office standards of the Small Business Geographic Units means counties (or of Management and Budget pursuant to Administration’s Development equivalent areas), incorporated places, 44 U.S.C. 3504(e)(3), 31 U.S.C. 1104(d), Company or Small Business Investment minor civil divisions that are units of and Executive Order 10253 (3 CFR, Company programs (13 CFR 121.301) local government, census tracts, block 1949–1953 Comp., p. 758), as amended; and is located in a Distressed numbering areas, block groups, and Notice of Funding Availability (or Community; Indian Areas or Native American Areas NOFA) means the public notice of Small Dollar Consumer Loan means (as each is defined by the U.S. Bureau funding opportunity that announces the affordable consumer lending products of the Census), or other areas deemed availability of BEA Program Award that serve as available alternatives in the appropriate by the CDFI Fund; funds for a particular funding round and marketplace for individuals who are Home Improvement Loan means an that advises prospective Applicants Eligible Residents who meet Low- and advance of funds, either unsecured or with respect to obtaining application Moderate-Income requirements and secured by a one-to-four family materials, establishes application meet criteria further specified in the residential property, the proceeds of submission deadlines, and establishes applicable NOFA; which are used to improve the other requirements or restrictions State means any State of the United borrower’s primary residence, where applicable for the particular funding States, the District of Columbia or any such borrower is an Eligible Resident round; territory of the United States, Puerto who meets Low- and Moderate-Income Priority Factor means a numeric value Rico, Guam, American Samoa, the requirements; assigned to the following, as established Virgin Islands, and the Northern Indian Reservation means a by the CDFI Fund in the applicable Mariana Islands; geographic area that meets the NOFA: Subsidiary has the same meaning as requirements of section 4(10) of the (1) Each subcategory within the in section 3 of the Federal Deposit Indian Child Welfare Act of 1978 (25 Distressed Community Financing Insurance Act, except that a CDFI shall U.S.C. 1903(10)), and shall include land Activities category of Qualified not be considered a Subsidiary of any held by incorporated Native groups, Activities; or Insured Depository Institution or any regional corporations, and village (2) Each activity-type within the depository institution holding company corporations, as defined in and pursuant Service Activities and CDFI Related that controls less than 25 percent of any to the Alaska Native Claims Settlement Activities categories of Qualified class of the voting shares of such Act (43 U.S.C. 1601 et seq.), public Activities. corporation and does not otherwise domain Indian allotments, and former (3) A priority factor represents the control, in any manner, the election of Indian Reservations in the State of CDFI Fund’s assessment of the degree of a majority of directors of the Oklahoma; difficulty, the extent of innovation, and corporation; Individual Development Account (or the extent of benefits accruing to the Targeted Financial Services means IDA) means a special savings account Distressed Community for each type of ETAs, IDAs, and such other banking that matches the deposits of Eligible activity; products targeted to Eligible Residents,

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as may be specified by the CDFI Fund CDFI Fund receives a complete BEA (i) Must be an area that is located in the applicable NOFA; Program Award application by the within the jurisdiction of one (1) Unit of Targeted Retail Savings/Investment deadline set forth in the applicable General Local Government; Products means certificates of deposit, Notice of Funding Availability (NOFA). (ii) The boundaries of the area must mutual funds, life insurance, and other Additional eligibility requirements are be contiguous; and similar savings or investment vehicles set forth in the applicable NOFA. (iii) The area must: targeted to Eligible Residents, as may be (A) Have a population, as determined specified by the CDFI Fund in the Subpart C—Use of Funds/Eligible by the most recent U.S. Bureau of the applicable NOFA; Activities Census data available, of not less than Technical Assistance means the 4,000 if any portion of the area is § 1806.300 Eligible Activities. provision of consulting services, located within a Metropolitan Area with resources, training, and other Recipients of BEA Program Awards a population of 50,000 or greater; or nonmonetary support relating to an must use their payments for the (B) Have a population, as determined organization, individual, or operation of following Eligible Activities: by the most recent U.S. Bureau of the a trade or business, as may be specified (a) CDFI Related Activities; Census data available, of not less than by the CDFI Fund in the applicable (b) Distressed Community Financing 1,000 in any other case; or NOFA; and Activities; and (C) Be located entirely within an Unit of General Local Government (c) Service Activities, and to comply Indian Reservation. means any city, county town, township, with the Uniform Administrative (2) Eligibility requirements. A parish, village, or other general-purpose Requirements as further described in the Distressed Community must be a political subdivision of a State or applicable NOFA and the Award geographic area where: Commonwealth of the United States, or Agreement. (i) At least 30 percent of the Eligible general-purpose subdivision thereof, Residents have incomes that are less and the District of Columbia. § 1806.301 Restrictions of use of award. than the national poverty level, as § 1806.104 Uniform Administrative A Recipient may not distribute BEA published by the U.S. Bureau of the Requirements; waiver authority. Program Award funds to an Affiliate Census or in other sources as set forth without the CDFI Fund’s prior written (a) Uniform Administrative in guidance issued by the CDFI Fund; (ii) The unemployment rate is at least Requirements. The Uniform consent. 1.5 times greater than the national Administrative Requirements, Cost Subpart D—Award Determinations Principles, and Audit Requirements for average, as determined by the U.S. Federal Awards (Uniform § 1806.400 General. Bureau of Labor Statistics’ most recently published data, including estimates of Administrative Requirements), codified The amount of a BEA Program Award by the Department of the Treasury at 2 unemployment developed using the shall be based on the Applicant’s U.S. Bureau of Labor Statistics’ Census- CFR part 1000, apply to awards, increases in Qualified Activities from regardless of type of award Recipient, Share calculation method, or in other the Baseline Period to the Assessment sources as set forth in guidance issued made pursuant to this part. Period, as set forth in the applicable (b) Waiver authority. The CDFI Fund by the CDFI Fund; and NOFA. When determining this increase, (iii) Such additional requirements as may waive any requirement of this part Applicants must consider all BEA that is not required by law, upon a may be specified by the CDFI Fund in Qualified Activities and all BEA the applicable NOFA. determination of good cause. Each such qualified census tracts, as it relates to a waiver will be in writing and supported (c) Area designation. An Applicant given subcategory or activity type, as shall designate an area as a Distressed by a statement of the facts and grounds applicable. forming the basis of the waiver. For a Community by: waiver in any individual case, the CDFI § 1806.401 Community eligibility and (1) Selecting Geographic Units which Fund must determine that application of designation. individually meet the minimum area and eligibility requirements set forth in the requirement to be waived would (a) General. If an Applicant reports paragraph (b) of this section; or adversely affect the achievement of the that it has provided or engaged in (2) Selecting two or more Geographic purposes of the Act. For waivers of Service Activities or Distressed Units which, in the aggregate, meet the general applicability, the CDFI Fund Community Financing Activities, the minimum area and eligibility will publish notification of granted Applicant shall identify one or more requirements set forth in paragraph (b) waivers in the Federal Register. Distressed Communities in which it has of this section, provided that no provided or engaged in such activities. § 1806.105 OMB control number. Geographic Unit selected by the The Applicant may identify different Applicant within the area has a poverty The collections of information Distressed Communities for each rate of less than 20 percent. contained in this part have been category or subcategory of activity. If an reviewed and approved by the Office of (d) Designation. The CDFI Fund will Applicant reports that it has provided or provide a prospective Applicant with Management and Budget (OMB) in engaged in CDFI Support Activities, the accordance with the Paperwork data and other information to help it Applicant shall provide evidence that identify areas eligible to be designated Reduction Act of 1995 and assigned the the CDFI that the Applicant supported applicable, approved OMB Control as a Distressed Community. If requested, is Integrally Involved in a Distressed applicants shall submit designation Numbers associated with the CDFI Fund Community, as specified in the under 1559. materials as instructed in the applicable applicable NOFA. NOFA. Subpart B—Eligibility (b) Minimum area and eligibility requirements. A Distressed Community § 1806.402 Measuring and reporting § 1806.200 Applicant eligibility. must meet the following minimum area Qualified Activities. An entity that is an Insured and eligibility requirements: (a) General. An Applicant may receive Depository Institution is eligible to (1) Minimum area requirements. A a BEA Program Award for engaging in apply for a BEA Program Award if the Distressed Community: any of the following categories of

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Qualified Activities during an (e) Measuring the value of Qualified documentation evidencing the Assessment Period: CDFI Related Activities. Subject to such additional or transaction: Activities, Distressed Community alternative valuations as the CDFI Fund (1) Is executed on a date within the Financing Activities, or Service may specify in the applicable NOFA, applicable Baseline Period or Activities. The CDFI Fund may further the CDFI Fund will assess the value of: Assessment Period, respectively; and qualify such Qualified Activities in the (1) Equity Investments, Equity-Like (2) Constitutes a legally binding applicable NOFA, including such Loans, loans, grants and certificates of agreement between the Applicant and a additional geographic and transaction deposits, at the original amount of such borrower or investee, which agreement size limitations as the CDFI Fund deems Equity Investments, Equity-Like Loans, specifies the final terms and conditions appropriate. loans, grants or certificates of deposits. of the transaction, except that any (b) Reporting Qualified Activities. An Where a certificate of deposit matures contingencies included in the final Applicant should report only its and is then rolled over during the agreement must be typical of such Qualified Activities for the category or Baseline Period or the Assessment transaction and acceptable (both in the subcategory for which it is seeking a Period, as applicable, the CDFI Fund judgment of the CDFI Fund); and BEA Program Award. will assess the value of the full amount (3) An initial cash disbursement of (1) If an Applicant elects to apply for of the rolled-over deposit. Where an loan or investment proceeds has an award in the CDFI Related Activities existing loan is refinanced (meaning, a occurred in a manner that is consistent category, it may elect to report on one new loan is originated to pay off an with customary business practices and or both types of activities within the existing loan, whether or not there is a is reasonable given the nature of the CDFI Related Activities category. change in the applicable loan terms), the transaction (as determined by the CDFI (2) If an Applicant elects to apply for CDFI Fund will only assess the value of Fund), unless it is normal business an award in the Distressed Community any increase in the principal amount of practice to make no initial disbursement Financing Activities category, the the refinanced loan; at closing and the Applicant Applicant must report on the following (2) Project Investments at the original demonstrates that the borrower has subcategories: amount of the purchase of stock, limited access to the proceeds, subject to (i) Aggregate Consumer Loans; or partnership interest, other ownership reasonable conditions as may be (ii) Aggregate Commercial Loans and interest, or grant; determined by the CDFI Fund. (3) Deposit Liabilities at the dollar Investments; or (g) Reporting period. An Applicant amount deposited as measured by must only measure the amount of a (iii) Both paragraphs (b)(2)(i) and (ii) comparing the net change in the amount Qualified Activity that it reasonably separately; unless the Applicant of applicable funds on deposit at the expects to disburse to an investee, provides a reasonable explanation, Applicant during the Baseline Period borrower, or other recipient within one acceptable to the CDFI Fund, in its sole with the net change in the amount of year of the end of the applicable discretion, as to why the Applicant applicable funds on deposit at the Assessment Period, or such other period cannot report on aggregated activities in Applicant during the Assessment as may be set forth by the CDFI Fund such subcategories. Period, as described in paragraphs in the applicable NOFA. (3) If an Applicant elects to apply for (e)(3)(i) and (ii) of this section: an award in the Service Activities (i) The Applicant shall calculate the § 1806.403 Estimated award amounts. category, it may elect to report on one net change in deposits during the (a) General. An Applicant must or more types of activities within the Baseline Period by comparing the calculate and submit to the CDFI Fund Service Activities category. amount of applicable funds on deposit an estimated award amount as part of its (c) Area served. CDFI Related at the close of business the day before BEA Program Award application. Activities must be provided to a CDFI. the beginning of the Baseline Period and (b) Award percentages. The CDFI CDFI Partners that are the recipients of at the close of business on the last day Fund will establish the award CDFI Support Activities must of the Baseline Period; and percentage for each category and demonstrate that they are Integrally (ii) The Applicant shall calculate the subcategory of Qualified Activities in Involved in a Distressed Community. net change in such deposits during the the applicable NOFA. Applicable award Service Activities and Distressed Assessment Period by comparing the percentages for Qualified Activities Community Financing Activities must amount of applicable funds on deposit undertaken by Applicants that are serve a Distressed Community. An at the close of business the day before CDFIs will be equal to three times the activity is considered to serve a the beginning of the Assessment Period award percentages for Qualified Distressed Community if it is: and at the close of business on the last Activities undertaken by Applicants (1) Undertaken in the Distressed day of the Assessment Period; that are not CDFIs. Community; or (4) Financial Services and Targeted (c) Calculating the estimated award (2) Provided to Eligible Residents or Financial Services based on the amount for Qualified Activities. (1) The enterprises that are Integrally Involved predetermined amounts as set forth by estimated award amount for the CDFI in the Distressed Community. the CDFI Fund in the applicable NOFA; Related Activities category will be equal (d) Certain limitations on Qualified and to the applicable award percentage of Activities. Activities funded with the (5) Financial Services (other than the net increase in each activity-type proceeds of Federal funding or tax those for which the CDFI Fund has (i.e., Equity Investments/Equity Like- credit programs are ineligible for established a predetermined value), Loans; and CDFI Support Activities) purposes of calculating or receiving a Community Services, and CDFI Support under the CDFI Related Activities Bank Enterprise Award. Please see the Activities consisting of Technical category between the Baseline Period applicable NOFA for each funding Assistance based on the administrative and Assessment Period. round’s limitations on Qualified costs of providing such services. (2) The estimated award amount for Activities. Qualified Activities shall not (f) Closed transactions. A transaction the Distressed Community Financing include loans to or investments in those shall be considered to have been closed Activities category will be equal to the business types set forth in the Uniform and carried out during the Baseline applicable award percentage of the Administrative Requirements. Period or the Assessment Period if the weighted value of each subcategory of

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Distressed Community Financing Community Financing Activities calculation and selection process Activities (i.e., Consumer Loans; and subcategories, as described in the contained in this part; Commercial Loans and Investments) applicable NOFA. (2) To make additional monies between the Baseline Period and (c) Priority of awards. In available for a subsequent funding Assessment Period. The weighted value circumstances where there are round; or of the applicable subcategories shall be insufficient funds to cover estimated (3) As otherwise authorized by the calculated by: awards, the CDFI Fund will rank Act. (i) Subtracting the Baseline Period Applicants based on whether the (f) Limitation. The CDFI Fund, in its value of such subcategory from the Applicant is a CDFI or a non-CDFI, and sole discretion, may deny or limit the Assessment Period value of such in each category of Qualified Activity amount of a BEA Program Award for subcategory to yield a difference; and (e.g., Service Activities) according to the any reason. (ii) Multiplying the difference by the priorities described in this paragraph § 1806.405 Applications for BEA Program applicable Priority Factor (as set forth in (c). Selections within each priority Awards. the applicable NOFA). category will be based on the (3) The estimated award amount for (a) Notice of funding availability; Applicants’ relative rankings within applications. Applicants must submit the Service Activities category will be each category, and based on whether the equal to the applicable award applications for BEA Program Awards Applicant is a CDFI or a non-CDFI, in accordance with this section and the percentage of the weighted value of each subject to the availability of funds. activity type between the Baseline applicable NOFA. An Applicant’s (1) First priority. If the amount of application must demonstrate a realistic Period and Assessment Period. The funds available during a funding round weighted value of the applicable activity course of action to ensure that it will is insufficient for all estimated award meet the requirements described in type shall be calculated by: amounts, first priority will be given to (i) Subtracting the Baseline Period subpart D of this part within the period CDFI Applicants that engaged in CDFI set forth in the applicable NOFA. value of such Qualified Activity from Related Activities, followed by non- the Assessment Period value of such Detailed application content CDFI Applicants that engaged in CDFI requirements are found in the related Qualified Activity to yield a difference; Related Activities ranked in the ratio as and application and applicable NOFA. The set forth in the applicable NOFA. CDFI Fund will not disburse an award (ii) Multiplying the difference by the (2) Second priority. If the amount of applicable Priority Factor (as set forth in to an Applicant before it meets the funds available during a funding round eligibility requirements described in the the applicable NOFA). is sufficient for all first priority (d) Estimated award eligibility review. applicable NOFA. The CDFI Fund shall Applicants but insufficient for all The CDFI Fund will determine the require an Applicant to meet any remaining estimated award amounts, eligibility of each transaction for which additional eligibility requirements that second priority will be given to CDFI an Applicant has applied for a BEA the CDFI Fund deems appropriate. After Applicants that engaged in Distressed Program Award. Based upon this receipt of an application, the CDFI Fund Community Financing Activities, review, the CDFI Fund will calculate the may request clarifying or technical followed by non-CDFI Applicants that actual award amount for which such information related to materials engaged in Distressed Community Applicant is eligible. submitted as part of such application Financing Activities, ranked in the ratio and/or to verify that Qualified Activities § 1806.404 Selection process; actual as set forth in the applicable NOFA. were carried out in the manner award amounts. (3) Third priority. If the amount of prescribed in this part. The CDFI Fund, (a) Sufficient funds available to cover funds available during a funding round in its sole discretion, shall determine estimated awards. All BEA Program is sufficient for all first and second whether an applicant fulfills the Awards are subject to the availability of priority Applicants, but insufficient for requirements set for forth in this part funds. If the amount of appropriated all remaining estimated award amounts, and the applicable NOFA. funds available during a funding round third priority will be given to CDFI (b) Application contents. An is sufficient to cover all estimated award Applicants that engaged in Service application for a BEA Program Award amounts for which Applicants are Activities, followed by non-CDFI must contain: eligible, in the CDFI Fund’s Applicants that engaged in Service (1) A completed electronic determination, and an Applicant meets Activities, ranked in the ratio as set application module that reports the all of the program requirements forth in the applicable NOFA. increases in Qualified Activities specified in this part, then such (d) Calculating actual award amounts. actually carried out during the Applicant shall receive an actual award The CDFI Fund will determine actual Assessment Period as compared to those amount that is calculated by the CDFI award amounts based upon the carried out during the Baseline Period. Fund in the manner specified in availability of funds, increases in If an Applicant has merged with another § 1806.403. Qualified Activities from the Baseline to institution during the Assessment (b) Insufficient funds available to the Assessment Period, and an Period, it must determine the Baseline cover estimated awards. If the amount Applicant’s priority ranking. If an Period amounts and Assessment Period of funds available during a funding Applicant receives an award for more amounts of the Qualified Activities of round is insufficient to cover all than one priority category described in the merged institutions, and report the estimated award amounts for which this section, the CDFI Fund will increase; Applicants are eligible, in the CDFI combine the award amounts into a (2) An electronic application module Fund’s determination, then the CDFI single BEA Program Award. which includes transactions to be Fund will select Recipients and (e) Unobligated or deobligated funds. considered for award calculation determine actual award amounts based The CDFI Fund, in its sole discretion, purposes. The transactions will include on the process described in paragraph may use any deobligated funds or funds Qualified Activities that were closed (c) of this section and any established not obligated during a funding round: during the Assessment Period. maximum dollar amount of awards that (1) To select Applicants not Applicants shall describe the original may be awarded for the Distressed previously selected, using the amount, census tract served (if

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applicable), dates of execution, initial has determined that the Recipient has informal hearing or comparable disbursement, and final disbursement of fulfilled all applicable requirements; proceeding not otherwise required by the instrument for each transaction; (4) Must comply with performance law. (3) Documentation of Qualified goals that have been established by the Activities that meets the required CDFI Fund. Such performance goals § 1806.501 Compliance with government thresholds and conditions described in will include measures that require the requirements. § 1806.402(f) and the applicable NOFA; Recipient to use its BEA Program Award In carrying out its responsibilities (4) Information necessary for the CDFI funds for Eligible Activities; and pursuant to an Award Agreement, the Fund to complete its environmental (5) Must comply with all data Recipient must comply with all review requirements pursuant to part collection and reporting requirements. applicable Federal, State, and local 1815 of this chapter; Each Recipient must submit to the CDFI laws, regulations (including but not (5) Certifications, as described in the Fund such information and limited to the Uniform Administrative applicable NOFA and BEA Program documentation that will permit the Requirements, ordinances, and Award application, that the information CDFI Fund to review the Recipient’s Executive Orders). provided to the CDFI Fund is true and progress in satisfying the terms and accurate and that the Applicant will conditions of its Award Agreement, § 1806.502 Fraud, waste, and abuse. comply with all relevant provisions of including: Any person who becomes aware of this chapter and all applicable Federal, (i) Annual report. Each Recipient the existence or apparent existence of State, and local laws, ordinances, shall submit to the CDFI Fund at least fraud, waste, or abuse of assistance regulations, policies, guidelines, and annually and within 90 days after the provided under this part should report requirements; end of each year of the Recipient’s such incidences to the Office of (6) In the case of an Applicant that performance period, an annual report Inspector General of the U.S. engaged in Service Activities, or that will provide data that, among other Department of the Treasury. Distressed Community Financing things, demonstrates the Recipient’s Activities, the Applicant must confirm, § 1806.503 Books of account, records, and compliance with its performance goals government access. by submitting documentation as (including a description of any described in the applicable NOFA and noncompliance), its uses of the BEA (a) A Recipient shall submit such BEA Program application, the Service Program Award funds, and the impact financial and activity reports, records, Activities or Distressed Community of the BEA Program and the CDFI statements, and documents at such Financing Activities were provided to: industry. Recipients are responsible for times, in such forms, and accompanied (i) Eligible Residents; or the timely and complete submission of by such supporting data, as required by (ii) A business located in a Distressed the annual report. the CDFI Fund and the U.S. Department Community. (ii) Financial statement. A Recipient of the Treasury to ensure compliance (7) Information that indicates that is not required to submit its financial with the requirements of this part. The each CDFI to which an Applicant has statement to the CDFI Fund. The CDFI United States Government, including provided CDFI Support Activities is Fund may obtain the necessary the U.S. Department of the Treasury, the Integrally Involved in a Distressed information from publicly available Comptroller General, and its duly Community, as described in the sources. authorized representatives, shall have applicable NOFA and BEA Program (b) Sanctions. In the event of any full and free access to the Recipient’s application; and fraud, misrepresentation, or offices and facilities, and all books, (8) Any other information requested noncompliance with the terms of the documents, records, and financial by the CDFI Fund, or specified by the Award Agreement by the Recipient, the statements relevant to the award of the CDFI Fund in the applicable NOFA or CDFI Fund may terminate, reduce, or Federal funds and may copy such the BEA Program application, in order recapture the award, bar the Recipient documents as they deem appropriate. to document or otherwise assess the and/or its Affiliates from applying for an (b) The Award Agreement provides validity of information provided by the award from the CDFI Fund for a period that the provisions of the Act, this part, Applicant to the CDFI Fund. to be decided by the CDFI Fund in its and the Award Agreement are enforceable under 12 U.S.C. 1818 of the Subpart E—Terms and Conditions of sole discretion, and pursue any other Federal Deposit Insurance Act by the Assistance available legal remedies. (c) Compliance with other CDFI Fund Appropriate Federal Banking Agency, as § 1806.500 Award Agreement; sanctions. awards. In the event that an Applicant, applicable, and that any violation of (a) General. After the CDFI Fund Recipient, or its Subsidiary or Affiliate such provisions shall be treated as a selects a Recipient, the CDFI Fund and is not in compliance, as determined by violation of the Federal Deposit the Recipient will enter into an Award the CDFI Fund, with the terms and Insurance Act. Nothing in this Agreement. In addition to the conditions of any CDFI Fund award, the paragraph (b) precludes the CDFI Fund requirements of the Uniform CDFI Fund may, in its sole discretion, from directly enforcing the Award Administrative Requirements, the bar said Applicant or Recipient from Agreement as provided for under the Award Agreement will require that the applying for future BEA Program terms of the Act. Recipient: Awards or withhold payment (either (c) The CDFI Fund will notify the (1) Must carry out its Eligible initial or subsequent) of BEA Program Appropriate Federal Banking Agency Activities in accordance with applicable Award funds. before imposing any sanctions on a law, the approved BEA Program (d) Notice. Prior to imposing any Recipient that is examined by or subject application, and all other applicable sanctions pursuant to this section or an to the reporting requirements of that requirements; Award Agreement, the CDFI Fund will agency. The CDFI Fund will not impose (2) Must comply with such other provide the Recipient with written a sanction described in § 1806.500(b) if terms and conditions that the CDFI notice of the proposed sanction and an the Appropriate Federal Banking Fund may establish; opportunity to respond. Nothing in this Agency, in writing, not later than 30 (3) Will not receive any BEA Program section, however, will provide a calendar days after receiving notice Award payment until the CDFI Fund Recipient with the right to any formal or from the CDFI Fund:

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(1) Objects to the proposed sanction; Airbus Model A330–200, –200 Freighter 1601 Lind Avenue SW., Renton, WA (2) Determines that the sanction and –300 series airplanes; and Model 98057–3356; telephone 425–227–1138; would: A340–200 and –300 series airplanes. fax 425–227–1149. (i) Have a material adverse effect on This AD was prompted by reports of SUPPLEMENTARY INFORMATION: the safety and soundness of the spurious terrain awareness warning Recipient; or system (TAWS) alerts during approach Discussion (ii) Impede or interfere with an and takeoff for airplanes fitted with the We issued a notice of proposed enforcement action against that terrain and traffic collision avoidance rulemaking (NPRM) to amend 14 CFR Recipient by the Appropriate Federal system with transponder (T3CAS) when part 39 by adding an AD that would Banking Agency; the T3CAS is constantly powered ‘‘ON’’ apply to certain Airbus Model A330– (3) Proposes a comparable alternative for more than 149 hours. This AD 200, –200 Freighter and –300 series action; and requires repetitive on-ground power airplanes; and Model A340–200 and (4) Specifically explains: cycle of the T3CAS. We are issuing this –300 series airplanes. The NPRM (i) The basis for the determination AD to prevent spurious TAWS alerts published in the Federal Register on under paragraph (c)(2) of this section (collision prediction and alerting April 12, 2016 (81 FR 21484) (‘‘the and, if appropriate, provides (CPA)), or missing legitimate CPA, NPRM’’). documentation to support the which could increase flight crew The European Aviation Safety Agency determination; and workload during critical landing or (EASA), which is the Technical Agent (ii) How the alternative action takeoff phases, and could possibly result for the Member States of the European suggested pursuant to paragraph (c)(3) in reduced control of the airplane. Union, has issued EASA AD 2015–0125, of this section would be as effective as DATES: This AD is effective September dated July 1, 2015; corrected July 3, the sanction proposed by the CDFI Fund 14, 2016. 2015 (referred to after this as the in securing compliance and deterring The Director of the Federal Register Mandatory Continuing Airworthiness future noncompliance. approved the incorporation by reference Information, or ‘‘the MCAI’’), to correct (d) Prior to imposing any sanctions of a certain publication listed in this AD an unsafe condition for certain Airbus pursuant to this section or an Award as of September 14, 2016. Model A330–200, –200 Freighter and Agreement, the CDFI Fund shall, to the ADDRESSES: For service information –300 series airplanes; and Model A340– maximum extent practicable, provide identified in this final rule, contact 200 and –300 series airplanes. The the Recipient with written notice of the Airbus SAS, Airworthiness Office— MCAI states: proposed sanction and an opportunity EAL, 1 Rond Point Maurice Bellonte, to comment. Nothing in this section, Cases were reported of spurious Terrain 31707 Blagnac Cedex, France; telephone Awareness Warning System (TAWS) alerts however, shall provide a Recipient to +33 5 61 93 36 96; fax +33 5 61 93 45 during approach and take off, with aeroplane any formal or informal hearing or 80; email airworthiness.A330–A340@ fitted with the Terrain and Traffic Collision comparable proceeding not otherwise airbus.com; Internet http:// Avoidance System with Transponder required by law. www.airbus.com. You may view this (T3CAS). Investigations on the unit were referenced service information at the launched with the manufacturer of the § 1806.504 Retention of records. system (ACSS). The results of the laboratory A Recipient must comply with all FAA, Transport Airplane Directorate, investigation confirmed that an internal record retention requirements as set 1601 Lind Avenue SW., Renton, WA. frozen Global Positioning System position forth in the Uniform Administrative For information on the availability of anomaly occurs when the T3CAS is Requirements. this material at the FAA, call 425–227– constantly powered ‘ON’ for more than 149 1221. It is also available on the Internet hours. The origin for this defect was Dennis E. Nolan, at http://www.regulations.gov by identified as a counter limitation related to Deputy Director, Community Development searching for and locating Docket No. a T3CAS internal software misbehaviour, not Financial Institutions Fund. FAA–2016–5462. self-detected. This condition, if not corrected, could lead [FR Doc. 2016–18694 Filed 8–9–16; 8:45 am] Examining the AD Docket to spurious TAWS alerts (Collision BILLING CODE 4810–70–P You may examine the AD docket on Prediction and Alerting (CPA), or missing legitimate CPA), which could increase flight the Internet at http:// crew workload during critical landing or take DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for off phases, possibly resulting in reduced and locating Docket No. FAA–2016– control of the aeroplane. Federal Aviation Administration 5462; or in person at the Docket Prompted by these reports, Airbus issued Management Facility between 9 a.m. Alert Operators Transmission (AOT) 14 CFR Part 39 and 5 p.m., Monday through Friday, A34L003–13 to provide instructions to except Federal holidays. The AD docket accomplish an on ground repetitive power [Docket No. FAA–2016–5462; Directorate contains this AD, the regulatory cycle of the T3CAS before exceeding 120 Identifier 2015–NM–131–AD; Amendment evaluation, any comments received, and hours of continuous power, and EASA issued 39–18606; AD 2016–16–08] AD 2014–0242 to require repetitive on other information. The street address for ground power cycles of the T3CAS unit. RIN 2120–AA64 the Docket Office (telephone 800–647– Since that [EASA] AD was issued, the AOT 5527) is Docket Management Facility, Airworthiness Directives; Airbus A34L003–13 revision 1 has been issued U.S. Department of Transportation, which extend[s] the applicability to A340 Airplanes Docket Operations, M–30, West aeroplanes modified in-service in accordance AGENCY: Federal Aviation Building Ground Floor, Room W12–140, with Airbus SB 34–4282 (T3CAS std 1.2 unit installation). It was also identified that Administration (FAA), Department of 1200 New Jersey Avenue SE., Washington, DC 20590. [EASA] AD 2014–0242 does not refer to Transportation (DOT). affected A330 in-service aeroplanes on which ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: SB A330–34–3271 or SB A330–34–3286 or Vladimir Ulyanov, Aerospace Engineer, SB A330–34–3301 have been embodied. SUMMARY: We are adopting a new International Branch, ANM–116, For the reason described above, this airworthiness directive (AD) for certain Transport Airplane Directorate, FAA, [EASA] AD retains the same required actions

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as EASA AD 2014–0242, which is Aviation Programs,’’ describes in more (a) Effective Date superseded, expands the Applicability of the detail the scope of the Agency’s This AD is effective September 14, 2016. [EASA] AD to include post SB A330–34– authority. 3271, post SB A330–34–3286 and post SB We are issuing this rulemaking under (b) Affected ADs A330–34–3301 A330 aeroplanes, and post SB the authority described in ‘‘Subtitle VII, None. A340–34–4282 A340 aeroplanes. Part A, Subpart III, Section 44701: (c) Applicability General requirements.’’ Under that * * * * * This AD applies to the following Airbus You may examine the MCAI in the section, Congress charges the FAA with airplanes, certificated in any category. AD docket on the Internet at http:// promoting safe flight of civil aircraft in (1) Airbus Model A330–201, –202, –203, www.regulations.gov by searching for air commerce by prescribing regulations –223, –243, –223F, –243F, –301, –302, –303, and locating Docket No. FAA–2016– for practices, methods, and procedures –321, –322, –323, –341, –342, and –343 5462. the Administrator finds necessary for airplanes, all manufacturer serial numbers on safety in air commerce. This regulation which Airbus Modification 202097 (T3CAS Comments is within the scope of that authority Standard 1.1) or Modification 202849 We gave the public the opportunity to because it addresses an unsafe condition (T3CAS Standard 1.2) has been embodied in participate in developing this AD. We that is likely to exist or develop on production; or Airbus Service Bulletin A330– considered the comments received. The products identified in this rulemaking 34–3271; Airbus Service Bulletin A330–34– commenters, Air Line Pilots Association action. 3286; or Airbus Service Bulletin A330–34– International and Mr. Scott Corner, 3301 have been embodied in-service. supported the NPRM. Regulatory Findings (2) Airbus Model A340–211, –212, –213, –311, –312, and –313 airplanes, all We determined that this AD will not Conclusion manufacturer serial numbers on which have federalism implications under Airbus Service Bulletin A340–34–4282 We reviewed the relevant data, Executive Order 13132. This AD will (T3CAS Standard 1.2) has been embodied in- considered the comments received, and not have a substantial direct effect on service. determined that air safety and the the States, on the relationship between public interest require adopting this AD the national government and the States, (d) Subject as proposed, except for minor editorial or on the distribution of power and Air Transport Association (ATA) of changes. We have determined that these responsibilities among the various America Code 34, Navigation. minor changes: levels of government. (e) Reason • Are consistent with the intent that For the reasons discussed above, I This AD was prompted by reports of was proposed in the NPRM for certify that this AD: spurious terrain awareness warning system correcting the unsafe condition; and 1. Is not a ‘‘significant regulatory • (TAWS) alerts during approach and takeoff Do not add any additional burden action’’ under Executive Order 12866; for airplanes fitted with the terrain and traffic upon the public than was already 2. Is not a ‘‘significant rule’’ under the collision avoidance system with transponder proposed in the NPRM. DOT Regulatory Policies and Procedures (T3CAS) when the T3CAS is constantly (44 FR 11034, February 26, 1979); Related Service Information Under 1 powered ‘‘ON’’ for more than 149 hours. We 3. Will not affect intrastate aviation in are issuing this AD to prevent spurious CFR Part 51 Alaska; and TAWS alerts (collision prediction and Airbus has issued Alert Operators 4. Will not have a significant alerting (CPA)), or missing legitimate CPA, Transmission (AOT) A34L003–13, economic impact, positive or negative, which could increase flight crew workload Revision 01, dated May 26, 2015. The on a substantial number of small entities during critical landing or takeoff phases, and service information describes under the criteria of the Regulatory could possibly result in reduced control of procedures for an on-ground power Flexibility Act. the airplane. (f) Compliance cycle of the T3CAS. This service List of Subjects in 14 CFR Part 39 information is reasonably available Comply with this AD within the because the interested parties have Air transportation, Aircraft, Aviation compliance times specified, unless already access to it through their normal course safety, Incorporation by reference, done. Safety. of business or by the means identified (g) On-Ground Power Cycle in the ADDRESSES section. Adoption of the Amendment For Model A330 and A340 airplanes Costs of Compliance Accordingly, under the authority equipped with a T3CAS unit having a part We estimate that this AD affects 3 delegated to me by the Administrator, number specified in paragraph (g)(1) or (g)(2) of this AD: Within 30 days after the effective airplanes of U.S. registry. the FAA amends 14 CFR part 39 as follows: date of this AD, or within 120 hours of We also estimate that it will take continuous power of the T3CAS after about 1 work-hour per product to PART 39—AIRWORTHINESS installation of the T3CAS, as specified in any comply with the basic requirements of DIRECTIVES applicable service information in paragraph this AD. The average labor rate is $85 (h) of this AD, whichever occurs later, do an per work-hour. Required parts will cost ■ 1. The authority citation for part 39 on-ground power cycle of the T3CAS, in accordance with the instructions of Airbus about $0 per product. Based on these continues to read as follows: figures, we estimate the cost of this AD Alert Operators Transmission (AOT) on U.S. operators to be $255, or $85 per Authority: 49 U.S.C. 106(g), 40113, 44701. A34L003–13, Revision 01, dated May 26, product. 2015. Thereafter, repeat the on-ground power § 39.13 [Amended] cycle of the T3CAS at intervals not to exceed Authority for This Rulemaking ■ 2. The FAA amends § 39.13 by adding 120 hours of continuous power of the the following new airworthiness T3CAS. Title 49 of the United States Code (1) Affected T3CAS Units are those having specifies the FAA’s authority to issue directive (AD): part number (P/N) 9005000–10101, Software rules on aviation safety. Subtitle I, 2016–16–08 Airbus: Amendment 39–18606; Standard 1.1. section 106, describes the authority of Docket No. FAA–2016–5462; Directorate (2) Affected T3CAS Units are those having the FAA Administrator. ‘‘Subtitle VII: Identifier 2015–NM–131–AD. P/N 9005000–10202, Software Standard 1.2.

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(h) Service Information Used To Install Part (m) Material Incorporated by Reference prompted by the need for new and more Affected (1) The Director of the Federal Register restrictive maintenance requirements Paragraphs (h)(1) through (h)(4) of this AD approved the incorporation by reference and airworthiness limitations for identify the service information that was (IBR) of the service information listed in this airplane structures and systems. We are used to install the T3CAS, as specified in paragraph under 5 U.S.C. 552(a) and 1 CFR issuing this AD to prevent reduced paragraph (g) of this AD. part 51. structural integrity and reduced control (1) Airbus Service Bulletin A330–34–3271. (2) You must use this service information of these airplanes due to the failure of (2) Airbus Service Bulletin A330–34–3286. as applicable to do the actions required by (3) Airbus Service Bulletin A330–34–3301. this AD, unless this AD specifies otherwise. system components. (4) Airbus Service Bulletin A340–34–4282. (i) Airbus Alert Operators Transmission DATES: This AD is effective September (i) Parts Installation Limitations (AOT) A34L003–13, Revision 01, dated May 14, 2016. 26, 2015. The Director of the Federal Register As of the effective date of this AD, (ii) Reserved. approved the incorporation by reference installation on an airplane of a T3CAS unit (3) For service information identified in having a part number specified in paragraph of a certain publication listed in this AD this AD, contact Airbus SAS, Airworthiness as of September 14, 2016. (g) of this AD is acceptable, provided that, Office—EAL, 1 Rond Point Maurice Bellonte, following installation, the T3CAS unit is 31707 Blagnac Cedex, France; telephone +33 ADDRESSES: For service information power cycled on a recurrent basis, as 5 61 93 36 96; fax +33 5 61 93 45 80; email identified in this final rule, contact required by paragraph (g) of this AD. [email protected]; Dassault Falcon Jet Corporation, (j) Credit for Previous Actions Internet http://www.airbus.com. Teterboro Airport, P.O. Box 2000, South This paragraph provides credit for actions (4) You may view this service information Hackensack, NJ 07606; telephone: 201– required by paragraph (g) of this AD, if those at the FAA, Transport Airplane Directorate, 440–6700; Internet: http:// actions were performed before the effective 1601 Lind Avenue SW., Renton, WA. For www.dassaultfalcon.com. You may date of this AD using Airbus AOT A34L003– information on the availability of this view this service information at the 13, dated November 25, 2013. material at the FAA, call 425–227–1221. FAA, Transport Airplane Directorate, (5) You may view this service information (k) Other FAA AD Provisions that is incorporated by reference at the 1601 Lind Avenue SW., Renton, WA. The following provisions also apply to this National Archives and Records For information on the availability of AD: Administration (NARA). For information on this material at the FAA, call 425–227– (1) Alternative Methods of Compliance the availability of this material at NARA, call 1221. It is also available on the Internet (AMOCs): The Manager, International 202–741–6030, or go to: http:// at http://www.regulations.gov by Branch, ANM–116, FAA, has the authority to www.archives.gov/federal-register/cfr/ibr- searching for and locating Docket No. approve AMOCs for this AD, if requested locations.html. FAA–2016–5464. using the procedures found in 14 CFR 39.19. Issued in Renton, Washington, on July 25, Examining the AD Docket In accordance with 14 CFR 39.19, send your 2016. request to your principal inspector or local You may examine the AD docket on Flight Standards District Office, as Victor Wicklund, appropriate. If sending information directly Acting Manager, Transport Airplane the Internet at http:// to the International Branch, send it to ATTN: Directorate, Aircraft Certification Service. www.regulations.gov by searching for Vladimir Ulyanov, Aerospace Engineer, [FR Doc. 2016–18493 Filed 8–9–16; 8:45 am] and locating Docket No. FAA–2016– 5464; or in person at the Docket International Branch, ANM–116, Transport BILLING CODE 4910–13–P Airplane Directorate, FAA, 1601 Lind Management Facility between 9 a.m. Avenue SW., Renton, WA 98057–3356; and 5 p.m., Monday through Friday, telephone 425–227–1138; fax 425–227–1149. DEPARTMENT OF TRANSPORTATION except Federal holidays. The AD docket Information may be emailed to: 9-ANM-116- contains this AD, the regulatory [email protected]. Before using any approved AMOC, notify your appropriate Federal Aviation Administration evaluation, any comments received, and principal inspector, or lacking a principal other information. The address for the inspector, the manager of the local flight 14 CFR Part 39 Docket Office (telephone 800–647–5527) standards district office/certificate holding is Docket Management Facility, U.S. [Docket No. FAA–2016–5464; Directorate district office. Identifier 2015–NM–097–AD; Amendment Department of Transportation, Docket (2) Contacting the Manufacturer: For any 39–18607; AD 2016–16–09] Operations, M–30, West Building requirement in this AD to obtain corrective Ground Floor, Room W12–140, 1200 actions from a manufacturer, the action must RIN 2120–AA64 New Jersey Avenue SE., Washington, be accomplished using a method approved DC 20590. by the Manager, International Branch, ANM– Airworthiness Directives; Dassault FOR FURTHER INFORMATION CONTACT: 116, Transport Airplane Directorate, FAA; or Aviation Airplanes Tom the European Aviation Safety Agency Rodriguez, Aerospace Engineer, (EASA); or Airbus’s EASA Design AGENCY: Federal Aviation International Branch, ANM–116, Organization Approval (DOA). If approved by Administration (FAA), Department of Transport Airplane Directorate, FAA, the DOA, the approval must include the Transportation (DOT). 1601 Lind Avenue SW., Renton, WA DOA-authorized signature. ACTION: Final rule. 98057–3356; telephone 425–227–1137; (l) Related Information fax 425–227–1149. (1) Refer to Mandatory Continuing SUMMARY: We are superseding SUPPLEMENTARY INFORMATION: Airworthiness Information (MCAI)) EASA Airworthiness Directive (AD) 2011–10– Airworthiness Directive 2015–0125, dated 01 for all Dassault Aviation Model Discussion July 1, 2015; corrected July 3, 2015, for FALCON 7X airplanes. AD 2011–10–01 We issued a notice of proposed related information. This MCAI may be required repetitive functional tests of rulemaking (NPRM) to amend 14 CFR found in the AD docket on the Internet at the ram air turbine (RAT) heater, and part 39 to supersede AD 2011–10–01, http://www.regulations.gov by searching for repair if necessary. This new AD and locating Docket No. FAA–2016–5462. Amendment 39–16682 (76 FR 25535, (2) Service information identified in this requires revision of the maintenance or May 5, 2011) (‘‘AD 2011–10–01’’). AD AD that is not incorporated by reference is inspection program to incorporate new 2011–10–01 applied to all Dassault available at the addresses specified in maintenance requirements and Aviation Model FALCON 7X airplanes. paragraphs (m)(3) and (m)(4) of this AD. airworthiness limitations. This AD was The NPRM published in the Federal

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Register on April 20, 2016 (81 FR —Special detailed fatigue inspection of on the affected airplanes before 23206) (‘‘the NPRM’’). The NPRM was fastener holes at front spar/wing lower accomplishing the revision of the prompted by the need for new and more panel connections at RIB 26, airplane maintenance or inspection —Operational test of the IRS3 power supply restrictive maintenance requirements weight-on- wheel logic, program specified in this AD, do not and airworthiness limitations for —Inspection of the interface between wheel need to be reworked in accordance with airplane structures and systems. The keys and brake inboard rotor, the CDCCLs. However, once the airplane NPRM proposed to require revision of —Operational test of the Horizontal maintenance or inspection program or the maintenance or inspection program Stabilizer Trim Actuator (HSTA) electrical airworthiness limitations section (ALS) to incorporate new maintenance motor reversion, has been revised as required by this AD, requirements and airworthiness —Operational test of the HSTA trim future maintenance actions on these limitations. We are issuing this AD to emergency command, components must be done in —Detailed inspection of the brake heat sink. prevent reduced structural integrity and accordance with the CDCCLs. reduced control of these airplanes due The maintenance tasks and airworthiness limitations, as specified in the FALCON 7X Comments to the failure of system components. AMM chapter 5–40, have been identified as The European Aviation Safety Agency mandatory actions for continued We gave the public the opportunity to (EASA), which is the Technical Agent airworthiness of the FALCON 7X type participate in developing this AD. We for the Member States of the European design. Failure to accomplish the actions received no comments on the NPRM or specified in AMM chapter 5–40 at revision 4 Union, has issued EASA Airworthiness on the determination of the cost to the may result in an unsafe condition. public. Directive AD 2015–0095, dated May 29, For the reasons described above, this 2015 (referred to after this as the [EASA] AD retains the requirements of EASA Conclusion Mandatory Continuing Airworthiness AD 2009–0254 and EASA AD 2010–0033, Information, or ‘‘the MCAI’’), to correct which are superseded, and requires We reviewed the relevant data and an unsafe condition for all Dassault accomplishment of the maintenance tasks determined that air safety and the Aviation FALCON 7X airplanes. The and airworthiness limitations, as specified in public interest require adopting this AD MCAI states: Dassault Aviation FALCON 7X AMM chapter as proposed except for minor editorial 5–40 at revision 4. changes. We have determined that these The airworthiness limitations and You may examine the MCAI in the minor changes: maintenance requirements for the FALCON AD docket on the Internet at http:// • Are consistent with the intent that 7X type design are included in Dassault was proposed in the NPRM for Aviation FALCON 7X Aircraft Maintenance www.regulations.gov by searching for and locating Docket No. FAA–2016– correcting the unsafe condition; and Manual (AMM) chapter 5–40 and are • approved by EASA. To ensure 5464. Do not add any additional burden accomplishment of the maintenance tasks, This AD requires revisions to certain upon the public than was already and implementation of the airworthiness operator maintenance documents to proposed in the NPRM. limitations, as specified in Dassault Aviation include new actions (e.g., inspections) Related Service Information Under 1 FALCON 7X AMM chapter 5–40 original and/or Critical Design Configuration CFR Part 51 issue, including temporary revision (TR) TR– Control Limitations (CDCCLs). 01, EASA issued AD 2008–0221. Compliance with these actions and/or Dassault Aviation issued Chapter 5– Since that [EASA] AD was issued, Dassault CDCCLs is required by 14 CFR 40–00, Airworthiness Limitations, DGT Aviation issued revision 4 of the FALCON 7X 91.403(c). For airplanes that have been 107838, Revision 4, dated February 2, AMM chapter 5–40, which introduces new and more restrictive maintenance previously modified, altered, or repaired 2015, of the Dassault Falcon 7X requirements and/or airworthiness in the areas addressed by this AD, the Maintenance Manual, which introduces limitations. operator may not be able to accomplish new and more restrictive maintenance Dassault Aviation AMM chapter 5–40 the actions described in the revisions. In requirements and airworthiness revision 4 contains, among others, the this situation, to comply with 14 CFR limitations for airplane structures and following changes: 91.403(c), the operator must request systems. This service information is —Fatigue and Damage tolerance approval for an alternative method of reasonably available because the airworthiness limitations, compliance according to paragraph interested parties have access to it —Miscellaneous Certification Maintenance (k)(1) of this AD. The request should through their normal course of business Requirements and Airworthiness include a description of changes to the or by the means identified in the Limitation Items, required inspections that will ensure the ADDRESSES section. —Periodic restoration of the DC generators continued operational safety of the (this action was required by EASA AD Costs of Compliance 2009–0254), airplane. —Functional test of the Ram Air Turbine Notwithstanding any other We estimate that this AD affects 45 heater (this action was required by EASA maintenance or operational airplanes of U.S. registry. AD 2010–0033) [which corresponds to requirements, components that have We estimate the following costs to FAA AD 2011–10–01], been identified as airworthy or installed comply with this AD:

ESTIMATED COSTS

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

Functional test retained from 1 work-hour × $85 per hour = $0 $85 per inspection cycle ...... $3,825 per inspection cycle. AD 2011–10–01. $85. Revise maintenance or in- 1 work-hour × $85 per hour = 0 $85 ...... $3,825. spection program. $85.

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Authority for This Rulemaking § 39.13 [Amended] 7X–018, dated March 6, 2009, has not been ■ done: Within 650 flight hours after the Title 49 of the United States Code 2. The FAA amends § 39.13 by effective date of this AD, do a functional test specifies the FAA’s authority to issue removing Airworthiness Directive (AD) of the RAT heater and repeat the functional rules on aviation safety. Subtitle I, 2011–10–01, Amendment 39–16682 (76 test of the RAT heater thereafter at intervals section 106, describes the authority of FR 25535, May 5, 2011), and adding the not to exceed 650 flight hours. the FAA Administrator. ‘‘Subtitle VII: following new AD: (2) For Model FALCON 7X airplanes on which modification M0305 has been done or 2016–16–09 Dassault Aviation: Aviation Programs,’’ describes in more on which Dassault Service Bulletin 7X–018, Amendment 39–18607; Docket No. detail the scope of the Agency’s dated March 6, 2009, has been done: Within FAA–2016–5464; Directorate Identifier authority. 1,900 flight hours after June 9, 2011 (the 2015–NM–097–AD. We are issuing this rulemaking under effective date of AD 2011–10–01), or after the authority described in ‘‘Subtitle VII, (a) Effective Date modification M0305 or Dassault Service Part A, Subpart III, Section 44701: This AD is effective September 14, 2016. Bulletin 7X–018, dated March 6, 2009, has General requirements.’’ Under that been done, whichever occurs later, do a (b) Affected ADs functional test of the RAT heater. Repeat the section, Congress charges the FAA with functional test of the RAT heater thereafter at promoting safe flight of civil aircraft in This AD replaces AD 2011–10–01, Amendment 39–16682 (76 FR 25535, May 5, intervals not to exceed 1,900 flight hours. air commerce by prescribing regulations 2011) (‘‘AD 2011–10–01’’). This AD affects Note 1 to paragraph (g) of this AD: for practices, methods, and procedures AD 2014–16–23, Amendment 39–17947 (79 Additional guidance for doing the functional the Administrator finds necessary for FR 52545, September 4, 2014) (‘‘AD 2014– test of the RAT heater required by paragraph safety in air commerce. This regulation 16–23’’). (g) of this AD can be found in Task 24–50– is within the scope of that authority 25–720–801, Functional Test of the RAT (c) Applicability because it addresses an unsafe condition Heater, dated January 16, 2009, of the that is likely to exist or develop on This AD applies to Dassault Aviation Dassault FALCON 7X Aircraft Maintenance Model FALCON 7X airplanes, certificated in Manual (AMM). products identified in this rulemaking any category, all serial numbers. action. (h) New Requirement of This AD: Revise the (d) Subject Maintenance or Inspection Program Regulatory Findings Air Transport Association (ATA) of Within 30 days after the effective date of We determined that this AD will not America Code 05, Time Limits/Maintenance this AD, revise the maintenance or inspection have federalism implications under Checks. program, as applicable, by incorporating the Executive Order 13132. This AD will (e) Reason information specified in Chapter 5–40–00, not have a substantial direct effect on Airworthiness Limitations, DGT 107838, This AD was prompted by the need for Revision 4, dated February 2, 2015, of the the States, on the relationship between new and more restrictive maintenance Dassault Falcon 7X Maintenance Manual the national government and the States, requirements and airworthiness limitations (MM). The initial compliance times for the or on the distribution of power and for airplane structures and systems. We are tasks specified in Chapter 5–40–00, responsibilities among the various issuing this AD to prevent reduced structural Airworthiness Limitations, DGT 107838, levels of government. integrity and reduced control of these Revision 4, dated February 2, 2015, of the For the reasons discussed above, I airplanes due to the failure of system Dassault Falcon 7X MM are at the applicable components. certify that this AD: compliance times specified in Chapter 5–40– 00, Airworthiness Limitations, DGT 107838, (f) Compliance 1. Is not a ‘‘significant regulatory Revision 4, dated February 2, 2015, of the action’’ under Executive Order 12866; Comply with this AD within the Dassault Falcon 7X MM, or within 30 days 2. Is not a ‘‘significant rule’’ under the compliance times specified, unless already after the effective date of this AD, whichever DOT Regulatory Policies and Procedures done. occurs later. (44 FR 11034, February 26, 1979); (g) Retained Functional Test of the Ram Air (i) Terminating Actions for Certain 3. Will not affect intrastate aviation in Turbine (RAT) Heater, With New Requirements of This AD and AD 2014–16– Alaska; and Terminating Action and Specific Delegation 23 Approval Language 4. Will not have a significant (1) Accomplishment of the revision economic impact, positive or negative, This paragraph restates the requirements of required by paragraph (h) of this AD on a substantial number of small entities paragraph (g) of AD 2011–10–01, with new terminates the requirements of paragraph (g) terminating action and specific delegation under the criteria of the Regulatory of this AD. approval language. At the applicable times (2) Accomplishment of the revision Flexibility Act. specified in paragraph (g)(1) or (g)(2) of this required by paragraph (h) of this AD List of Subjects in 14 CFR Part 39 AD, do a functional test of the RAT heater terminates the requirements of paragraph (q) using a method approved by either the of AD 2014–16–23. Air transportation, Aircraft, Aviation Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the (j) No Alternative Actions, Intervals, and/or safety, Incorporation by reference, Critical Design Configuration Control Safety. European Aviation Safety Agency (EASA); or Dassault Aviation’s EASA Design Limitations (CDCCLs) Adoption of the Amendment Organization Approval (DOA). Repeat the After the maintenance or inspection functional test of the RAT heater thereafter at program, as applicable, has been revised as Accordingly, under the authority the applicable time specified in paragraph required by paragraph (h) of this AD, no delegated to me by the Administrator, (g)(1) or (g)(2) of this AD until the revision alternative actions (e.g., inspections), the FAA amends 14 CFR part 39 as required by paragraph (h) of this AD is done. intervals, and/or CDCCLs may be used unless follows: If any functional test fails, before further the actions, intervals, and/or CDCCLs are flight, repair using a method approved by approved as an alternative method of PART 39—AIRWORTHINESS either the Manager, International Branch, compliance (AMOC) in accordance with the DIRECTIVES ANM–116, Transport Airplane Directorate, procedures specified in paragraph (k)(1) of FAA; or EASA; or Dassault Aviation’s EASA this AD. ■ 1. The authority citation for part 39 DOA. (1) For Model FALCON 7X airplanes on (k) Other FAA AD Provisions continues to read as follows: which modification M0305 has not been The following provisions also apply to this Authority: 49 U.S.C. 106(g), 40113, 44701. done and on which Dassault Service Bulletin AD:

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(1) Alternative Methods of Compliance Issued in Renton, Washington, on July 27, https://www.myboeingfleet.com. You (AMOCs): The Manager, International 2016. may view this referenced service Branch, ANM–116, Transport Airplane Victor Wicklund, information at the FAA, Transport Directorate, FAA, has the authority to Acting Manager, Transport Airplane Airplane Directorate, 1601 Lind Avenue approve AMOCs for this AD, if requested Directorate, Aircraft Certification Service. SW., Renton, WA. For information on using the procedures found in 14 CFR 39.19. [FR Doc. 2016–18488 Filed 8–9–16; 8:45 am] the availability of this material at the In accordance with 14 CFR 39.19, send your request to your principal inspector or local BILLING CODE 4910–13–P FAA, call 425–227–1221. It is also Flight Standards District Office, as available on the Internet at http:// appropriate. If sending information directly www.regulations.gov by searching for to the International Branch, send it to ATTN: DEPARTMENT OF TRANSPORTATION and locating Docket No. FAA–2015– Tom Rodriguez, Aerospace Engineer, 8429. Federal Aviation Administration International Branch, ANM–116, Transport Examining the AD Docket Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; 14 CFR Part 39 You may examine the AD docket on telephone 425–227–1137; fax 425–227–1149. [Docket No. FAA–2015–8429; Directorate the Internet at http:// Information may be emailed to: 9-ANM-116- Identifier 2015–NM–122–AD; Amendment www.regulations.gov by searching for [email protected]. 39–18608; AD 2016–16–10] and locating Docket No. FAA–2015– (2) Contacting the Manufacturer: For any 8429; or in person at the Docket RIN 2120–AA64 requirement in this AD to obtain corrective Management Facility between 9 a.m. actions from a manufacturer, the action must Airworthiness Directives; The Boeing and 5 p.m., Monday through Friday, be accomplished using a method approved except Federal holidays. The AD docket by the Manager, International Branch, ANM– Company Airplanes 116, Transport Airplane Directorate, FAA; or contains this AD, the regulatory AGENCY: Federal Aviation EASA; or Dassault Aviation’s EASA DOA. If evaluation, any comments received, and approved by the DOA, the approval must Administration (FAA), DOT. other information. The address for the include the DOA-authorized signature. ACTION: Final rule. Docket Office (phone: 800–647–5527) is Docket Management Facility, U.S. (l) Related Information SUMMARY: We are adopting a new Department of Transportation, Docket (1) Refer to Mandatory Continuing airworthiness directive (AD) for certain Operations, M–30, West Building Airworthiness Information (MCAI) EASA AD The Boeing Company Model 747–100, Ground Floor, Room W12–140, 1200 2015–0095, dated May 29, 2015, for related 747–100B, 747–100B SUD, 747–200B, New Jersey Avenue SE., Washington, information. This MCAI may be found in the 747–200C, 747–200F, 747–300, 747– DC 20590. AD docket on the Internet at http:// 400, 747–400D, 747–400F, 747SR, and www.regulations.gov by searching for and FOR FURTHER INFORMATION CONTACT: Bill 747SP series airplanes. This AD was Ashforth, Aerospace Engineer, Airframe locating Docket No. FAA–2016–5464. prompted by reports of fatigue cracks in (2) Service information identified in this Branch, ANM–120S, FAA, Seattle the station 320 crown frame and in Aircraft Certification Office (ACO), 1601 AD that is not incorporated by reference is window post number 3. This AD available at the addresses specified in Lind Avenue SW., Renton, WA 98057– requires repetitive inspections for cracks paragraphs (m)(3) and (m)(4) of this AD. 3356; phone: 425–917–6432; fax: 425– and missing fasteners of the station 320 917–6590; email: [email protected]. (m) Material Incorporated by Reference crown frame, cracks in the web and SUPPLEMENTARY INFORMATION: (1) The Director of the Federal Register flange surfaces of the forward segment approved the incorporation by reference of window post number 3, and missing Discussion (IBR) of the service information listed in this fasteners and cracks of the window We issued a notice of proposed paragraph under 5 U.S.C. 552(a) and 1 CFR upper sill; post-modification rulemaking (NPRM) to amend 14 CFR part 51. inspections for cracks of the window part 39 by adding an AD that would (2) You must use this service information upper sill; a one-time fastener rework; as applicable to do the actions required by apply to certain The Boeing Company and related investigative and corrective this AD, unless this AD specifies otherwise. Model 747–100, 747–100B, 747–100B actions if necessary. We are issuing this (i) Chapter 5–40–00, Airworthiness SUD, 747–200B, 747–200C, 747–200F, AD to detect and correct fatigue Limitations, DGT 107838, Revision 4, dated 747–300, 747–400, 747–400D, 747– cracking and missing fasteners of the February 2, 2015, of the Dassault Aviation 400F, 747SR, and 747SP series station 320 crown frame, cracking of the Falcon 7X Maintenance Manual. airplanes. The NPRM published in the window post number 3, and cracking of (ii) Reserved. Federal Register on January 13, 2016 (3) For service information identified in the window upper sill, which could (81 FR 1577) (‘‘the NPRM’’). The NPRM this AD, contact Dassault Falcon Jet result in an in-flight decompression and was prompted by reports of fatigue Corporation, Teterboro Airport, P.O. Box a loss of structural integrity of the cracks in the station 320 crown frame 2000, South Hackensack, NJ 07606; fuselage. telephone: 201–440–6700; Internet: http:// and in window post number 3. The www.dassaultfalcon.com. DATES: This AD is effective September NPRM proposed to require repetitive (4) You may view this service information 14, 2016. inspections for cracks and missing at the FAA, Transport Airplane Directorate, The Director of the Federal Register fasteners of the station 320 crown frame, 1601 Lind Avenue SW., Renton, WA. For approved the incorporation by reference cracks in the web and flange surfaces of information on the availability of this of a certain publication listed in this AD the forward segment of window post material at the FAA, call 425–227–1221. as of September 14, 2016. number 3, and missing fasteners and (5) You may view this service information ADDRESSES: For service information cracks of the window upper sill; post- that is incorporated by reference at the National Archives and Records identified in this final rule, contact modification inspections for cracks of Administration (NARA). For information on Boeing Commercial Airplanes, the window upper sill; a one-time the availability of this material at NARA, call Attention: Data & Services Management, fastener rework; and related 202–741–6030, or go to: http:// P.O. Box 3707, MC 2H–65, Seattle, WA investigative and corrective actions if www.archives.gov/federal-register/cfr/ibr- 98124–2207; telephone 206–544–5000, necessary. We are issuing this AD to locations.html. extension 1; fax 206–766–5680; Internet detect and correct fatigue cracking and

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missing fasteners of the station 320 section of the NPRM, which states: in the window upper sill.’’ That text crown frame, cracking of the window ‘‘Other Model 747 airplanes, except only applies to the inspection specified post number 3, and cracking of the Model 747–8F and 747–8 airplanes, are in paragraph (g)(5) of this AD and not window upper sill, which could result of a similar station 320 crown frame to the inspections specified in in an in-flight decompression and a loss configuration.’’ Boeing asked that the paragraphs (g)(1) through (g)(4) of this of structural integrity of the fuselage. reference to Model 747–8F and Model AD. 747–8 airplanes be removed. Boeing Comments stated that although having a different Conclusion We gave the public the opportunity to design, Model 747–8F and Model 747– We reviewed the relevant data, participate in developing this AD. The 8 airplanes have a similar station 320 considered the comments received, and following presents the comments crown frame configuration as the other determined that air safety and the received on the NPRM and the FAA’s Model 747 airplanes. Boeing explained public interest require adopting this AD response to each comment. that, for Model 747–8F and Model 747– as proposed, except for minor editorial 8 airplanes, it has issued service Request for Restoration Procedures changes. We have determined that these information that specifies repetitive minor changes: United Airlines (UAL) requested that inspections for cracking of the station • Are consistent with the intent that figure 21 in Boeing Alert Service 320 crown frame and is mandated by was proposed in the NPRM for Bulletin 747–53A2862, Revision 1, certain airworthiness limitations correcting the unsafe condition; and dated July 24, 2015, be revised to (AWLs). • Do not add any additional burden provide airplane maintenance manual We agree to clarify the Discussion references on reinstallation of the panels section of the NPRM. We agree that upon the public than was already and all disturbed air conditioning Boeing Model 747–100, –200, –300, and proposed in the NPRM. systems, and to include operational –400 airplanes, and Model 747–8F and Related Service Information Under 1 check procedures of all the disturbed Model 747–8 airplanes, have similar CFR Part 51 systems. station 320 crown frame configurations. We partially agree with UAL’s However, we cannot revise the second We reviewed Boeing Alert Service comment. We agree that figure 21 in sentence in the Discussion section of the Bulletin 747–53A2862, Revision 1, Boeing Alert Service Bulletin 747– NPRM because that particular sentence dated July 24, 2015. The service 53A2862, Revision 1, dated July 24, is not restated in the Discussion section information describes procedures for 2015, should provide robust access/ of this AD. Also, as Boeing stated, the inspections and corrective actions for restoration procedures. We disagree identified condition on Model 747–8F cracks and missing fasteners in the with delaying this AD until any needed and Model 747–8 airplanes is addressed inner chord and outboard webs of the changes to figure 21 have been with AWLs. This AD addresses the station 320 crown frame, in the left and incorporated. Figure 21 is not a identified unsafe condition on Model right side window post number 3, and ‘‘Required for Compliance’’ (RC) section 747–100, 747–100B, 747–100B SUD, in the window upper sill structure. This of the service information and is not 747–200B, 747–200C, 747–200F, 747– service information is reasonably mandated by this AD. Therefore, 300, 747–400, 747–400D, 747–400F, available because the interested parties operators can deviate from these 747SR, and 747SP series airplanes. We have access to it through their normal instructions, as specified in paragraph have not changed this AD in this regard. course of business or by the means (k)(4)(ii) of this AD. We have not identified in the ADDRESSES section. Clarification of Repetitive Inspections changed this AD in this regard. Required by Paragraph (h) of This AD Costs of Compliance Request To Revise Discussion Section of We revised paragraph (h) of this AD, We estimate that this AD affects 165 the NPRM which refers to inspections specified in airplanes of U.S. registry. Boeing requested that we revise the paragraphs (g)(1) through (g)(5) of this We estimate the following costs to second sentence in the Discussion AD, by removing the text ‘‘for cracking comply with this AD:

ESTIMATED COSTS

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

Inspections ...... Up to 193 work-hours × $85 per $0 Up to $16,405 per inspection Up to $2,706,825 per inspection hour = $16,405 per inspection cycle. cycle. cycle.

We have received no definitive data detail the scope of the Agency’s because it addresses an unsafe condition that would enable us to provide cost authority. that is likely to exist or develop on estimates for the on-condition actions We are issuing this rulemaking under products identified in this rulemaking specified in this AD. the authority described in Subtitle VII, action. Part A, Subpart III, Section 44701: Authority for This Rulemaking Regulatory Findings ‘‘General requirements.’’ Under that Title 49 of the United States Code section, Congress charges the FAA with This AD will not have federalism specifies the FAA’s authority to issue promoting safe flight of civil aircraft in implications under Executive Order rules on aviation safety. Subtitle I, air commerce by prescribing regulations 13132. This AD will not have a section 106, describes the authority of for practices, methods, and procedures substantial direct effect on the States, on the FAA Administrator. Subtitle VII: the Administrator finds necessary for the relationship between the national Aviation Programs, describes in more safety in air commerce. This regulation government and the States, or on the is within the scope of that authority distribution of power and

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responsibilities among the various sill, which could result in an in-flight of this AD. Do all applicable related levels of government. decompression and a loss of structural investigative and corrective actions before For the reasons discussed above, I integrity of the fuselage. further flight. certify that this AD: (f) Compliance (j) Exceptions to Service Information (1) Is not a ‘‘significant regulatory Comply with this AD within the Specifications action’’ under Executive Order 12866, compliance times specified, unless already (1) Where Boeing Alert Service Bulletin (2) Is not a ‘‘significant rule’’ under done. 747–53A2862, Revision 1, dated July 24, DOT Regulatory Policies and Procedures 2015, specifies a compliance time ‘‘after the (g) Initial Inspections, Related Investigative original date of this service bulletin,’’ this AD (44 FR 11034, February 26, 1979), Actions, and Corrective Actions (3) Will not affect intrastate aviation requires compliance within the specified in Alaska, and At the applicable time specified in compliance time after the effective date of paragraph 1.E., ‘‘Compliance,’’ of Boeing this AD. (4) Will not have a significant Alert Service Bulletin 747–53A2862, economic impact, positive or negative, (2) Where Boeing Alert Service Bulletin Revision 1, dated July 24, 2015, except as 747–53A2862, Revision 1, dated July 24, on a substantial number of small entities provided by paragraphs (j)(1) and (j)(2) of this 2015, specifies a compliance time ‘‘after the under the criteria of the Regulatory AD: Do the actions specified in paragraphs Revision 1 date of this service bulletin,’’ this Flexibility Act. (g)(1) through (g)(5) of this AD; and do all AD requires compliance within the specified applicable related investigative and List of Subjects in 14 CFR Part 39 compliance time after the effective date of corrective actions; in accordance with the this AD. Air transportation, Aircraft, Aviation Accomplishment Instructions of Boeing Alert (3) Where Boeing Alert Service Bulletin safety, Incorporation by reference, Service Bulletin 747–53A2862, Revision 1, 747–53A2862, Revision 1, dated July 24, dated July 24, 2015, except as required by Safety. 2015, specifies to contact Boeing for repairs: paragraph (j)(3) of this AD. Do all applicable Before further flight, repair, using a method Adoption of the Amendment related investigative and corrective actions approved in accordance with the procedures before further flight. specified in paragraph (k)(1) of this AD. Accordingly, under the authority (1) Do a detailed inspection for cracks and delegated to me by the Administrator, missing fasteners of the station 320 crown (k) Alternative Methods of Compliance the FAA amends 14 CFR part 39 as frame. (AMOCs) follows: (2) Do a surface high frequency eddy (1) The Manager, Seattle Aircraft current (HFEC) inspection for cracks of the Certification Office (ACO), FAA, has the PART 39—AIRWORTHINESS station 320 crown frame. authority to approve AMOCs for this AD, if DIRECTIVES (3) Do a surface HFEC inspection for cracks requested using the procedures found in 14 in the web and flange surfaces of the forward CFR 39.19. In accordance with 14 CFR 39.19, ■ 1. The authority citation for part 39 segment of window post number 3. send your request to your principal inspector continues to read as follows: (4) Do a detailed inspection for missing or local Flight Standards District Office, as fasteners of the window upper sill. appropriate. If sending information directly Authority: 49 U.S.C. 106(g), 40113, 44701. (5) Do a surface HFEC inspection for cracks to the manager of the ACO, send it to the of the window upper sill. attention of the person identified in § 39.13 [Amended] (h) Repetitive Inspections and Post-Repair paragraph (l)(1) of this AD. Information may ■ 2. The FAA amends § 39.13 by adding Inspections, Related Investigative Actions, be emailed to: 9-ANM-Seattle-ACO-AMOC- the following new airworthiness and Corrective Actions [email protected]. (2) Before using any approved AMOC, directive (AD): Do applicable repetitive post-repair notify your appropriate principal inspector, inspections and repeat the inspections 2016–16–10 The Boeing Company: or lacking a principal inspector, the manager Amendment 39–18608; Docket No. specified in paragraphs (g)(1) through (g)(5) of this AD thereafter at the applicable of the local flight standards district office/ FAA–2015–8429; Directorate Identifier certificate holding district office. 2015–NM–122–AD. compliance time and intervals specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing (3) An AMOC that provides an acceptable (a) Effective Date Alert Service Bulletin 747–53A2862, level of safety may be used for any repair, modification, or alteration required by this This AD is effective September 14, 2016. Revision 1, dated July 24, 2015; and do all applicable related investigative and AD if it is approved the Boeing Commercial (b) Affected ADs corrective actions; in accordance with the Airplanes Organization Designation None. Accomplishment Instructions of Boeing Alert Authorization (ODA) that has been Service Bulletin 747–53A2862, Revision 1, authorized by the Manager, Seattle ACO, to (c) Applicability dated July 24, 2015, except as required by make those findings. To be approved, the This AD applies to The Boeing Company paragraph (j)(3) of this AD. Do all applicable repair method, modification deviation, or Model 747–100, 747–100B, 747–100B SUD, related investigative and corrective actions alteration deviation must meet the 747–200B, 747–200C, 747–200F, 747–300, before further flight. certification basis of the airplane, and the 747–400, 747–400D, 747–400F, 747SR, and approval must specifically refer to this AD. 747SP series airplanes, certificated in any (i) Fastener Rework, Related Investigative (4) Except as required by paragraphs (g), category, as identified in Boeing Alert Actions, and Corrective Actions (h), and (j)(3) of this AD: For service Service Bulletin 747–53A2862, Revision 1, At the applicable time specified in information that contains steps that are dated July 24, 2015. paragraph 1.E., ‘‘Compliance,’’ of Boeing labeled as Required for Compliance (RC), the Alert Service Bulletin 747–53A2862, provisions of paragraphs (k)(4)(i) and (d) Subject Revision 1, dated July 24, 2015: Do the (k)(4)(ii) apply. Air Transport Association (ATA) of applicable actions (including fastener rework (i) The steps labeled as RC, including America Code 53, Fuselage. and a detailed inspection of the condition of substeps under an RC step and any figures the fastener hole) specified in Part 11 of the identified in an RC step, must be done to (e) Unsafe Condition Accomplishment Instructions of Boeing Alert comply with the AD. An AMOC is required This AD was prompted by reports of Service Bulletin 747–53A2862, Revision 1, for any deviations to RC steps, including fatigue cracks in the station 320 crown frame dated July 24, 2015; and do all applicable substeps and identified figures. in window post number 3. We are issuing related investigative and corrective actions; (ii) Steps not labeled as RC may be this AD to detect and correct fatigue cracking in accordance with the Accomplishment deviated from using accepted methods in and missing fasteners of the station 320 Instructions of Boeing Alert Service Bulletin accordance with the operator’s maintenance crown frame, cracking of the window post 747–53A2862, Revision 1, dated July 24, or inspection program without obtaining number 3, and cracking of the window upper 2015, except as specified in paragraph (j)(3) approval of an AMOC, provided the RC steps,

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including substeps and identified figures, can 14 R1 for all Airbus Model A310 series FOR FURTHER INFORMATION CONTACT: Dan still be done as specified, and the airplane airplanes. AD 2007–21–14 R1 required Rodina, Aerospace Engineer, can be put back in an airworthy condition. revising the Airworthiness Limitations International Branch, ANM–116, (l) Related Information Section of the Instructions for Transport Airplane Directorate, FAA, For more information about this AD, Continued Airworthiness to incorporate 1601 Lind Avenue SW., Renton, WA contact Bill Ashforth, Aerospace Engineer, new limitations for fuel tank systems. 98057–3356; telephone 425–227–2125; Airframe Branch, ANM–120S, FAA, Seattle This new AD requires revising the fax 425–227–1149. ACO, 1601 Lind Avenue SW., Renton, WA maintenance program or inspection SUPPLEMENTARY INFORMATION: 98057–3356; phone: 425–917–6432; fax: 425– program to incorporate revised fuel 917–6590; email: [email protected]. maintenance and inspection tasks. This Discussion (m) Material Incorporated by Reference AD was prompted by the issuance of We issued a notice of proposed (1) The Director of the Federal Register more restrictive maintenance rulemaking (NPRM) to amend 14 CFR approved the incorporation by reference requirements and/or airworthiness part 39 to supersede AD 2007–21–14 R1, (IBR) of the service information listed in this limitations by the manufacturer. We are Amendment 39–16061 (74 FR 55123, paragraph under 5 U.S.C. 552(a) and 1 CFR issuing this AD to prevent the potential October 27, 2009) (‘‘AD 2007–21–14 part 51. of ignition sources inside fuel tanks, R1’’). AD 2007–21–14 R1 applied to all (2) You must use this service information which, in combination with flammable Airbus Model A310 series airplanes. as applicable to do the actions required by The NPRM published in the Federal this AD, unless the AD specifies otherwise. fuel vapors caused by latent failures, (i) Boeing Alert Service Bulletin 747– alterations, repairs, or maintenance Register on January 20, 2016 (81 FR 53A2862, Revision 1, dated July 24, 2015. actions, could result in fuel tank 3066) (‘‘the NPRM’’). The NPRM was (ii) Reserved. explosions and consequent loss of the prompted by the issuance of more (3) For Boeing service information airplane. restrictive maintenance requirements identified in this AD, contact Boeing and/or airworthiness limitations by the Commercial Airplanes, Attention: Data & DATES: This AD becomes effective manufacturer. The NPRM proposed to Services Management, P.O. Box 3707, MC September 14, 2016. retain the requirements of AD 2007–21– 2H–65, Seattle, WA 98124–2207; telephone The Director of the Federal Register 14 R1, and require more restrictive 206–544–5000, extension 1; fax 206–766– approved the incorporation by reference 5680; Internet https:// maintenance requirements and/or www.myboeingfleet.com. of a certain publication listed in this AD airworthiness limitations. We are (4) You may view this service information as of September 14, 2016. issuing this AD to prevent the potential at the FAA, Transport Airplane Directorate, The Director of the Federal Register of ignition sources inside fuel tanks, 1601 Lind Avenue SW., Renton, WA. For approved the incorporation by reference which, in combination with flammable information on the availability of this of a certain other publication listed in fuel vapors caused by latent failures, material at the FAA, call 425–227–1221. this AD as of November 20, 2007 (72 FR (5) You may view this service information alterations, repairs, or maintenance that is incorporated by reference at the 58499, October 16, 2007). actions, could result in fuel tank National Archives and Records ADDRESSES: For service information explosions and consequent loss of the Administration (NARA). For information on identified in this final rule, contact airplane. the availability of this material at NARA, call Airbus SAS, Airworthiness Office— The European Aviation Safety Agency 202–741–6030, or go to: http:// EAW, 1 Rond Point Maurice Bellonte, (EASA), which is the Technical Agent www.archives.gov/federal-register/cfr/ibr- for the Member States of the European locations.html. 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 Union, has issued EASA Airworthiness Issued in Renton, Washington, on July 27, 51; email account.airworth-eas@ Directive 2014–0193, dated October 15, 2016. airbus.com; Internet http:// 2014 (referred to after this as the Victor Wicklund, www.airbus.com. You may view this Mandatory Continuing Airworthiness Acting Manager, Transport Airplane referenced service information at the Information, or ‘‘the MCAI’’), to correct Directorate, Aircraft Certification Service. FAA, Transport Airplane Directorate, an unsafe condition on all Airbus Model [FR Doc. 2016–18487 Filed 8–9–16; 8:45 am] 1601 Lind Avenue SW., Renton, WA. A310 series airplanes. The MCAI states: BILLING CODE 4910–13–P For information on the availability of Prompted by an accident * * *, the this material at the FAA, call 425–227– Federal Aviation Administration (FAA) 1221. It is also available on the Internet published Special Federal Aviation DEPARTMENT OF TRANSPORTATION at http://www.regulations.gov by Regulation (SFAR) 88, and the Joint Aviation Authorities (JAA) published Interim Policy Federal Aviation Administration searching for and locating Docket INT/POL/25/12. In response to these Number FAA–2015–8468. regulations, Airbus conducted a design 14 CFR Part 39 Examining the AD Docket review to develop Fuel Airworthiness Limitations (FAL) for Airbus on A310 [Docket No. FAA–2015–8468; Directorate You may examine the AD docket on aeroplanes. Identifier 2014–NM–208–AD; Amendment the Internet at http:// The FAL were specified in Airbus A310 39–18605; AD 2016–16–07] www.regulations.gov by searching for FAL document ref. 95A.1930/05 at issue 02 and in the A310 Airworthiness Limitations RIN 2120–AA64 and locating Docket Number FAA– Section (ALS) variation to FAL document 2015–8468; or in person at the Docket issue 02, ref. 0BVLG110006/C0S issue 01, for Airworthiness Directives; Airbus Management Facility between 9 a.m. A310 aeroplanes. Airplanes and 5 p.m., Monday through Friday, EASA issued [EASA] AD 2006–0202 to require compliance with the FAL documents AGENCY: Federal Aviation except Federal holidays. The AD docket (comprising maintenance/inspection tasks Administration (FAA), Department of contains this AD, the regulatory evaluation, any comments received, and and Critical Design Configuration Control Transportation (DOT). Limitations (CDCCL)). ACTION: Final rule. other information. The street address for EASA AD 2006–0202 was superseded by the Docket Operations office (telephone EASA AD 2007–0096 (later revised) [which SUMMARY: We are superseding 800–647–5527) is in the ADDRESSES corresponds to FAA AD 2007–21–14 R1], Airworthiness Directive (AD) 2007–21– section. which retained the original requirements and

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corrected and updated the compliance Costs of Compliance under the criteria of the Regulatory paragraphs concerning task ref. 28–18–00– Flexibility Act. 03–1 and CDCCL’s. We estimate that this AD affects 23 Since EASA AD 2007–0096R1 [which airplanes of U.S. registry. List of Subjects in 14 CFR Part 39 corresponds to FAA AD 2007–21–14 R1] was The actions required by AD 2007–21– Air transportation, Aircraft, Aviation published, Airbus issued A310 ALS Part 5, 14 R1 and retained in this AD take about prompted by EASA policy statement (EASA safety, Incorporation by reference, 2 work-hours per product, at an average Safety. D2005/CPRO) which requests design labor rate of $85 per work-hour. approval holders to integrate Fuel Tank Adoption of the Amendment Safety items into an ALS document. The Required parts cost $0 per product. A310 ALS Part 5 is approved by EASA. Based on these figures, the estimated Accordingly, under the authority Failure to comply with the items as cost of the actions that were required by delegated to me by the Administrator, identified in Airbus A310 ALS Part 5 could AD 2007–21–14 R1 is $170 per product. the FAA amends 14 CFR part 39 as result in a fuel tank explosion and We also estimate that it takes about 1 follows: consequent loss of the aeroplane. work-hour per product to comply with For the reasons described above, this the basic requirements of this AD. The PART 39—AIRWORTHINESS [EASA] AD * * * requires implementation average labor rate is $85 per work-hour. DIRECTIVES of the new and more restrictive maintenance Required parts will cost about $0 per instructions and/or airworthiness limitations ■ 1. The authority citation for part 39 as specified in Airbus A310 ALS Part 5. product. Based on these figures, we estimate the cost of this AD on U.S. continues to read as follows: The unsafe condition is the potential operators to be $1,955, or $85 per Authority: 49 U.S.C. 106(g), 40113, 44701. of ignition sources inside fuel tanks, product. which, in combination with flammable § 39.13 [Amended] fuel vapors caused by latent failures, Authority for This Rulemaking ■ 2. The FAA amends § 39.13 by alterations, repairs, or maintenance Title 49 of the United States Code removing Airworthiness Directive (AD) actions, could result in fuel tank specifies the FAA’s authority to issue 2007–21–14 R1, Amendment 39–16061 explosions and consequent loss of the rules on aviation safety. Subtitle I, (74 FR 55123, October 27, 2009), and airplane. You may examine the MCAI in section 106, describes the authority of adding the following new AD: the AD docket on the Internet at http:// the FAA Administrator. ‘‘Subtitle VII: 2016–16–07 Airbus: Amendment 39–18605; www.regulations.gov by searching for Aviation Programs,’’ describes in more and locating Docket No. FAA–2015– Docket No. FAA–2015–8468; Directorate detail the scope of the Agency’s Identifier 2014–NM–208–AD. 8468. authority. (a) Effective Date Comments We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, This AD becomes effective September 14, We gave the public the opportunity to 2016. participate in developing this AD. The Part A, Subpart III, Section 44701: (b) Affected ADs following presents the comment General requirements.’’ Under that received on the NPRM. The Air Line section, Congress charges the FAA with This AD replaces AD 2007–21–14 R1, Pilots Association International promoting safe flight of civil aircraft in Amendment 39–16061 (74 FR 55123, October 27, 2009) (‘‘AD 2007–21–14 R1’’). supported the intent of the NPRM. air commerce by prescribing regulations for practices, methods, and procedures (c) Applicability Conclusion the Administrator finds necessary for This AD applies to Airbus Model A310– We reviewed the relevant data, safety in air commerce. This regulation 203, –204, –221, –222, –304, –322, –324, and considered the comment received, and is within the scope of that authority –325 airplanes, certificated in any category, determined that air safety and the because it addresses an unsafe condition all manufacturer serial numbers. that is likely to exist or develop on public interest require adopting this AD (d) Subject as proposed, with minor editorial products identified in this rulemaking changes. We have determined that these action. Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance minor changes: Regulatory Findings Checks. • Are consistent with the intent that was proposed in the NPRM for We determined that this AD will not (e) Reason correcting the unsafe condition; and have federalism implications under This AD was prompted by the issuance of • Do not add any additional burden Executive Order 13132. This AD will more restrictive maintenance requirements upon the public than was already not have a substantial direct effect on and/or airworthiness limitations by the proposed in the NPRM. the States, on the relationship between manufacturer. We are issuing this AD to the national government and the States, prevent the potential of ignition sources Related Service Information Under 1 or on the distribution of power and inside fuel tanks, which, in combination with CFR Part 51 responsibilities among the various flammable fuel vapors caused by latent Airbus has issued A310 levels of government. failures, alterations, repairs, or maintenance actions, could result in fuel tank explosions Airworthiness Limitations Section For the reasons discussed above, I and consequent loss of the airplane. (ALS) Part 5—Fuel Airworthiness certify that this AD: Limitations, Revision 00, dated May 27, 1. Is not a ‘‘significant regulatory (f) Compliance 2014. The airworthiness limitations action’’ under Executive Order 12866; Comply with this AD within the introduce mandatory instructions and 2. Is not a ‘‘significant rule’’ under the compliance times specified, unless already more restrictive maintenance DOT Regulatory Policies and Procedures done. requirements. This service information (44 FR 11034, February 26, 1979); (g) Retained Revision of the Airworthiness is reasonably available because the 3. Will not affect intrastate aviation in Limitations Section (ALS) To Incorporate interested parties have access to it Alaska; and Fuel Maintenance and Inspection Tasks, through their normal course of business 4. Will not have a significant With No Changes or by the means identified in the economic impact, positive or negative, This paragraph restates the requirements of ADDRESSES section. on a substantial number of small entities paragraph (f) of AD 2007–21–14 R1, with no

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changes. Within 3 months after November 20, changes. Within 12 months after November Information may be emailed to: 9-ANM-116- 2007 (the effective date of AD 2007–21–14, 20, 2007 (the effective date of AD 2007–21– [email protected]. Before using Amendment 39–15232, (72 FR 58499, 14), revise the ALS of the Instructions for any approved AMOC, notify your appropriate October 16, 2007) (‘‘AD 2007–21–14’’)), Continued Airworthiness to incorporate principal inspector, or lacking a principal revise the ALS of the Instructions for Airbus A310 ALS Part 5—Fuel Airworthiness inspector, the manager of the local flight Continued Airworthiness to incorporate Limitations, dated May 31, 2006, as defined standards district office/certificate holding Airbus A310 ALS Part 5—Fuel Airworthiness in Airbus A310 Fuel Airworthiness district office. Limitations, dated May 31, 2006, as defined Limitations, Document 95A.1930/05, Issue 2, (2) Contacting the Manufacturer: As of the in Airbus A310 Fuel Airworthiness dated May 11, 2007 (approved by the EASA effective date of this AD, for any requirement Limitations, Document 95A.1930/05, Issue 2, on July 6, 2007), Section 2, ‘‘Critical Design in this AD to obtain corrective actions from dated May 11, 2007 (approved by the Configuration Control Limitations.’’ a manufacturer, the action must be European Aviation Safety Agency (EASA) on (j) Retained No Alternative Inspections, accomplished using a method approved by July 6, 2007), Section 1, ‘‘Maintenance/ Inspection Intervals, or CDCCLs, With New the Manager, International Branch, ANM– Inspection Tasks.’’ For all tasks identified in Paragraph Reference 116, Transport Airplane Directorate, FAA; or Section 1 of Document 95A.1930/05, Issue 2, EASA) or Airbus’s EASA Design dated May 11, 2007, the initial compliance This paragraph restates the requirements of Organization Approval (DOA). If approved by times start from the later of the times paragraph (i) of AD 2007–21–14 R1, with a the DOA, the approval must include the specified in paragraphs (g)(1) and (g)(2) of new paragraph reference. Except as provided DOA-authorized signature. this AD, and the repetitive inspections must by paragraphs (k) and (m)(1) of this AD: After be accomplished thereafter at the intervals accomplishing the actions specified in (n) Related Information specified in Section 1 of Document paragraphs (g) and (i) of this AD, no Refer to Mandatory Continuing 95A.1930/05, except as provided by alternative inspections, inspection intervals, Airworthiness Information (MCAI) EASA paragraph (h) of this AD. or CDCCLs may be used. Airworthiness Directive 2014–0193, dated (1) November 20, 2007 (the effective date (k) New Requirement of This AD: Revise the October 15, 2014, for related information. of AD 2007–21–14). Maintenance or Inspection Program (2) The date of issuance of the original This MCAI may be found in the AD docket French standard airworthiness certificate or Within 3 months after the effective date of on the Internet at http://www.regulations.gov the date of issuance of the original French this AD, revise the maintenance or inspection by searching for and locating Docket No. export certificate of airworthiness. program, as applicable, by incorporating the FAA–2015–8468. Note 1 to paragraph (g) of this AD: Airbus airworthiness limitations as specified in (o) Material Incorporated by Reference Operator Information Telex SE 999.0079/07, Airbus A310 Airworthiness Limitations Section (ALS) Part 5—Fuel Airworthiness (1) The Director of the Federal Register Revision 01, dated August 14, 2007, approved the incorporation by reference identifies the applicable sections of the Limitations, Revision 00, dated May 27, 2014. The initial compliance times for the (IBR) of the service information listed in this Airbus A310 Airplane Maintenance Manual paragraph under 5 U.S.C. 552(a) and 1 CFR necessary for accomplishing the tasks actions specified Airbus A310 ALS Part 5— part 51. specified in Section 1 of Document Fuel Airworthiness Limitations, Revision 00, (2) You must use this service information 95A.1930/05. dated May 27, 2014, are at the later of the times specified in Airbus A310 ALS Part 5— as applicable to do the actions required by (h) Retained Revision of Initial Compliance Fuel Airworthiness Limitations, Revision 00, this AD, unless this AD specifies otherwise. Time for Task 28–18–00–03–1, With No dated May 27, 2014, or within 3 months after (3) The following service information was Changes the effective date of this AD, whichever approved for IBR on September 14, 2016. occurs later. Accomplishing the revision (i) Airbus A310 Airworthiness Limitations This paragraph restates the requirements of required by this paragraph terminates the Section (ALS) Part 5—Fuel Airworthiness paragraph (g) of AD 2007–21–14 R1, with no actions required by paragraphs (g) through (i) Limitations, Revision 00, dated May 27, changes. For Task 28–18–00–03–1 identified of this AD. 2014. in Section 1 of Document 95A.1930/05, (ii) Reserved. ‘‘Maintenance/Inspection Tasks,’’ of Airbus (l) New Requirement of This AD: No (4) The following service information was A310 Fuel Airworthiness Limitations, Alternative Inspections, Intervals, and/or approved for IBR on November 20, 2007 (72 Document 95A.1930/05, Issue 2, dated May CDCCLs FR 58499, October 16, 2007). 11, 2007 (approved by the EASA on July 6, After the maintenance or inspection 2007): The initial compliance time is the later (i) Airbus A310 ALS Part 5—Fuel program has been revised as required by Airworthiness Limitations, dated May 31, of the times specified in paragraphs (h)(1) paragraph (k) of this AD, no alternative and (h)(2) of this AD. Thereafter, Task 28– 2006. actions (e.g., inspections), intervals, and/or (ii) Airbus A310 Fuel Airworthiness 18–00–03–1 identified in Section 1 of CDCCLs may be used unless the actions, Document 95A.1930/05, ‘‘Maintenance/ Limitations, Document 95A.1930/05, Part 5— intervals, and/or CDCCLs are approved as an Fuel Airworthiness Limitations, Issue 2, Inspection Tasks,’’ of Airbus A310 Fuel alternative method of compliance (AMOC) in Airworthiness Limitations, Document dated May 11, 2007. accordance with the procedures specified in (5) For service information identified in 95A.1930/05, Issue 2, dated May 11, 2007 paragraph (m)(1) of this AD. (approved by the EASA on July 6, 2007), this AD, contact Airbus SAS, Airworthiness must be accomplished at the repetitive (m) Other FAA AD Provisions Office—EAW, 1 Rond Point Maurice interval specified in Section 1 of Airbus The following provisions also apply to this Bellonte, 31707 Blagnac Cedex, France; A310 Fuel Airworthiness Limitations, AD: telephone +33 5 61 93 36 96; fax +33 5 61 Document 95A.1930/05, Issue 2, dated May (1) Alternative Methods of Compliance 93 44 51; email account.airworth-eas@ 11, 2007 (approved by the EASA on July 6, (AMOCs): The Manager, International airbus.com; Internet http://www.airbus.com. 2007). Branch, ANM–116, FAA, has the authority to (6) You may view this service information (1) Prior to the accumulation of 40,000 approve AMOCs for this AD, if requested at the FAA, Transport Airplane Directorate, total flight hours. using the procedures found in 14 CFR 39.19. 1601 Lind Avenue SW., Renton, WA. For (2) Within 72 months or 20,000 flight hours In accordance with 14 CFR 39.19, send your information on the availability of this after November 20, 2007 (the effective date of request to your principal inspector or local material at the FAA, call 425–227–1221. AD 2007–21–14), whichever occurs first. Flight Standards District Office, as (7) You may view this service information appropriate. If sending information directly that is incorporated by reference at the (i) Retained Revision of the ALS To to the International Branch, send it to ATTN: National Archives and Records Incorporate Critical Design Configuration Dan Rodina, Aerospace Engineer, Administration (NARA). For information on Control Limitations (CDCCLs), With No International Branch, ANM–116, Transport the availability of this material at NARA, call Changes Airplane Directorate, FAA, 1601 Lind 202–741–6030, or go to: http:// This paragraph restates the requirements of Avenue SW., Renton, WA 98057–3356; www.archives.gov/federal-register/cfr/ibr- paragraph (h) of AD 2007–21–14 R1, with no telephone 425–227–2125; fax 425–227–1149. locations.html.

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Issued in Renton, Washington, on July 25, National Archives and Records designation listed in this document will 2016. Administration (NARA). For be published subsequently in the Order. Victor Wicklund, information on the availability of FAA Availability and Summary of Acting Manager, Transport Airplane Order 7400.9Z at NARA, call 202–741– Directorate, Aircraft Certification Service. Documents for Incorporation by 6030, or go to http://www.archives.gov/ Reference [FR Doc. 2016–18483 Filed 8–9–16; 8:45 am] federal_register/code_of_federal- BILLING CODE 4910–13–P regulations/ibr_locations.html. FAA This document amends FAA Order Order 7400.9, Airspace Designations 7400.9Z, Airspace Designations and and Reporting Points, is published Reporting Points, dated August 6, 2015, DEPARTMENT OF TRANSPORTATION yearly and effective on September 15. and effective September 15, 2015. FAA Order 7400.9Z is publicly available as FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration listed in the ADDRESSES section of this Jeffrey Claypool, Federal Aviation document. FAA Order 7400.9Z lists Administration, Operations Support 14 CFR Part 71 Class A, B, C, D, and E airspace areas, Group, Central Service Center, 10101 air traffic service routes, and reporting [Docket No. FAA–2016–4271; Airspace Hillwood Parkway, Fort Worth, TX points. Docket No. 16–AGL–6] 76177; telephone (817) 222–5711. The Rule Amendment of Class E Airspace for SUPPLEMENTARY INFORMATION: the Following Minnesota Towns; Authority for This Rulemaking This amendment to Title 14, Code of Hutchinson, MN; Jackson, MN; Federal Regulations (14 CFR) part 71 Pipestone, MN; Two Harbors, MN; and The FAA’s authority to issue rules modifies Class E airspace extending Waseca, MN regarding aviation safety is found in upward from 700 feet above the surface Title 49 of the United States Code. at the following airports: AGENCY: Federal Aviation Subtitle I, Section 106 describes the Within a 6.6-mile radius of Hutchinson Administration (FAA), DOT. authority of the FAA Administrator. Municipal Airport-Butler Field, ACTION: Final rule. Subtitle VII, Aviation Programs, Hutchinson, MN; describes in more detail the scope of the Within a 6.3-mile radius of Jackson SUMMARY: This action modifies Class E agency’s authority. This rulemaking is airspace extending upward from 700 Municipal Airport, Jackson, MN; promulgated under the authority Within a 6.5-mile radius of Pipestone feet above the surface at Hutchinson described in Subtitle VII, Part A, Municipal Airport-Butler Field, Municipal Airport, Pipestone, MN; Subpart I, Section 40103. Under that Within a 7-mile radius of Richard B. Hutchinson, MN; Jackson Municipal section, the FAA is charged with Helgeson Airport, Two Harbors, MN; Airport, Jackson, MN; Pipestone prescribing regulations to assign the use and Municipal Airport, Pipestone, MN; of airspace necessary to ensure the Within a 6.3-mile radius of Waseca Richard B. Helgeson Airport, Two safety of aircraft and the efficient use of Municipal Airport, Waseca, MN. Harbors, MN; and Waseca Municipal airspace. This regulation is within the Airport, Waseca, MN. Decommissioning Airspace reconfiguration is necessary scope of that authority as it amends of the non-directional radio beacon due to the decommissioning of non- Class E airspace at Hutchinson (NDB), cancellation of NDB approaches, directional radio beacons (NDB), Municipal Airport-Butler Field, and implementation of area navigation cancellation of NDB approaches, and Hutchinson, MN; Jackson Municipal (RNAV) procedures have made this implementation of area navigation Airport, Jackson, MN; Pipestone action necessary for the safety and (RNAV) procedures at the above Municipal Airport, Pipestone, MN; management of Instrument Flight Rules airports. Controlled airspace is Richard B. Helgeson Airport, Two (IFR) operations at the above airports. necessary for the safety and Harbors, MN; and Waseca Municipal This action also updates the geographic management of the standard instrument Airport, Waseca, MN. coordinates at Hutchinson Municipal- approach procedures for IFR operations Butler Field, Jackson Municipal Airport, History at the airports. Geographic coordinates Pipestone Municipal Airport, and are being adjusted for the following On May 3, 2016, the FAA published airports: Hutchinson Municipal-Butler Richard B. Helgeson Airport, to coincide in the Federal Register a notice of with the FAA’s aeronautical database. Field, Jackson Municipal Airport, proposed rulemaking (NPRM) to modify Pipestone Municipal Airport, and DATES: Effective 0901 UTC, November Class E airspace at Hutchinson Richard B. Helgeson Airport, to coincide 10, 2016. The Director of the Federal Municipal Airport-Butler Field, with the FAAs aeronautical database. Register approves this incorporation by Hutchinson, MN; Jackson Municipal reference action under Title 1, Code of Airport, Jackson, MN; Pipestone Regulatory Notices and Analyses Federal Regulations, part 51, subject to Municipal Airport, Pipestone, MN; The FAA has determined that this the annual revision of FAA Order Richard B. Helgeson Airport, Two regulation only involves an established 7400.9 and publication of conforming Harbors, MN; and Waseca Municipal body of technical regulations for which amendments. Airport, Waseca, MN (81 FR 26497) frequent and routine amendments are ADDRESSES: FAA Order 7400.9Z, Docket No. FAA–2016–4271. Interested necessary to keep them operationally Airspace Designations and Reporting parties were invited to participate in current, is non-controversial and Points, and subsequent amendments can this rulemaking effort by submitting unlikely to result in adverse or negative be viewed online at http://www.faa.gov/ written comments on the proposal to the comments. It, therefore: (1) Is not a air_traffic/publications/. For further FAA. No comments were received. ‘‘significant regulatory action’’ under information, you can contact the Class E airspace designations are Executive Order 12866; (2) is not a Airspace Policy Group, Federal Aviation published in paragraph 6005 of FAA ‘‘significant rule’’ under DOT Administration, 800 Independence Order 7400.9Z, dated August 6, 2015, Regulatory Policies and Procedures (44 Avenue SW., Washington, DC 20591; and effective September 15, 2015, which FR 11034; February 26, 1979); and (3) telephone: 202–267–8783. The Order is is incorporated by reference in 14 CFR does not warrant preparation of a also available for inspection at the part 71.1. The Class E airspace Regulatory Evaluation as the anticipated

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impact is so minimal. Since this is a That airspace extending upward from 700 ADDRESSES: FAA Order 7400.9Z, routine matter that only affects air traffic feet above the surface within a 6.3-mile Airspace Designations and Reporting procedures and air navigation, it is radius of Jackson Municipal Airport. Points, and subsequent amendments can certified that this rule, when * * * * * be viewed online at http://www.faa.gov/ _ promulgated, does not have a significant AGL MN E5 Pipestone, MN [Amended] air traffic/publications/. For further economic impact on a substantial information, you can contact the Pipestone Municipal Airport, MN number of small entities under the (Lat. 43°58′56″ N., long. 96°18′01″ W.) Airspace Policy Group, Federal Aviation criteria of the Regulatory Flexibility Act. Administration, 800 Independence That airspace extending upward from 700 Avenue SW., Washington, DC 20591; Environmental Review feet above the surface within a 6.5-mile radius of Pipestone Municipal Airport. telephone: 202–267–8783. The Order is also available for inspection at the The FAA has determined that this * * * * * action qualifies for categorical exclusion National Archives and Records under the National Environmental AGL MN E5 Two Harbors, MN [Amended] Administration (NARA). For Policy Act in accordance with FAA Richard B. Helgeson Airport, MN information on the availability of FAA Order 1050.1F, ‘‘Environmental (Lat. 47°02′57″ N., long. 91°44′43″ W.) Order 7400.9Z at NARA, call 202–741– Impacts: Policies and Procedures,’’ That airspace extending upward from 700 6030, or go to http://www.archives.gov/ paragraph 5–6.5.a. This airspace action feet above the surface within a 7-mile radius federal_register/code_of_federal- is not expected to cause any potentially of Richard B. Helgeson Airport. regulations/ibr_locations.html. significant environmental impacts, and * * * * * FAA Order 7400.9, Airspace Designations and Reporting Points, is no extraordinary circumstances exist AGL MN E5 Waseca, MN [Amended] that warrant preparation of an published yearly and effective on environmental assessment. Waseca Municipal Airport, MN September 15. (Lat. 44°04′24″ N., long. 93°33′11″ W.) FOR FURTHER INFORMATION CONTACT: Lists of Subjects in 14 CFR Part 71 That airspace extending upward from 700 feet above the surface within a 6.3-mile Rebecca Shelby, Federal Aviation Airspace, Incorporation by reference, radius of Waseca Municipal Airport. Administration, Operations Support Navigation (air). Group, Central Service Center, 10101 Issued in Fort Worth, Texas, on August 1, Hillwood Parkway, Fort Worth, TX 2016. Adoption of the Amendment 76177; telephone (817) 222–5857. Walter Tweedy, SUPPLEMENTARY INFORMATION: In consideration of the foregoing, the Acting Manager, Operations Support Group, Federal Aviation Administration ATO Central Service Center. Authority for This Rulemaking amends 14 CFR part 71 as follows: [FR Doc. 2016–18764 Filed 8–9–16; 8:45 am] The FAA’s authority to issue rules PART 71—DESIGNATION OF CLASS A, BILLING CODE 4910–13–P regarding aviation safety is found in B, C, D, AND E AIRSPACE AREAS; AIR Title 49 of the United States Code. TRAFFIC SERVICE ROUTES; AND Subtitle I, Section 106 describes the DEPARTMENT OF TRANSPORTATION REPORTING POINTS authority of the FAA Administrator. Federal Aviation Administration Subtitle VII, Aviation Programs, ■ 1. The authority citation for part 71 describes in more detail the scope of the continues to read as follows: 14 CFR Part 71 agency’s authority. This rulemaking is Authority: 49 U.S.C. 106(f), 106(g); 40103, promulgated under the authority [Docket No. FAA–2016–4236; Airspace described in Subtitle VII, Part A, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Docket No. 16–ASW–5] 1959–1963 Comp., p. 389. Subpart I, Section 40103. Under that Revocation of Class E Airspace; Lake section, the FAA is charged with § 71.1 [Amended] Providence, LA prescribing regulations to assign the use of airspace necessary to ensure the ■ 2. The incorporation by reference in AGENCY: Federal Aviation safety of aircraft and the efficient use of 14 CFR 71.1 of FAA Order 7400.9Z, Administration (FAA), DOT. airspace. This regulation is within the Airspace Designations and Reporting ACTION: Final rule. scope of that authority as it removes Points, dated August 6, 2015, and Class E airspace at Byerley Airport, Lake effective September 15, 2015, is SUMMARY: This action removes Class E Providence, LA. amended as follows: airspace extending upward from 700 History Paragraph 6005 Class E Airspace Areas feet above the surface at Byerley Extending Upward From 700 Feet or More Airport, Lake Providence, LA. The On April 22, 2016, the FAA published Above the Surface of the Earth. decommissioning of the non-directional in the Federal Register a notice of * * * * * radio beacon (NDB) and cancellation of proposed rulemaking (NPRM) to remove Standard Instrument Approach Class E airspace extending upward from AGL MN E5 Hutchinson, MN [Amended] Procedures have made this action 700 feet above the surface at Byerley Hutchinson Municipal Airport-Butler Field, necessary for continued safety and Airport, Lake Providence, LA. (81 FR MN management within the National 23660) Docket No. FAA–2016–4236. (Lat. 44°51′36″ N., long. 94°22′57″ W.) Airspace System. Interested parties were invited to That airspace extending upward from 700 DATES: Effective 0901 UTC, November participate in this rulemaking effort by feet above the surface within a 6.6-mile radius of Hutchinson Municipal Airport- 10, 2016. The Director of the Federal submitting written comments on the Butler Field. Register approves this incorporation by proposal to the FAA. No comments reference action under Title 1, Code of were received. * * * * * Federal Regulations, part 51, subject to Class E airspace designations are AGL MN E5 Jackson, MN [Amended] the annual revision of FAA Order published in paragraph 6005 of FAA Jackson Municipal Airport, MN 7400.9 and publication of conforming Order 7400.9Z, dated August 6, 2015, (Lat. 43°39′01″ N., long. 94°59′12″ W.) amendments. and effective September 15, 2015, which

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is incorporated by reference in 14 CFR Lists of Subjects in 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: part 71.1. The Class E airspace Airspace, Incorporation by reference, Stuart A. Hindman, Trial Attorney, designation listed in this document will Navigation (air). Office of Aviation Enforcement and be published subsequently in the Order. Proceedings, U.S. Department of Adoption of the Amendment Transportation, 1200 New Jersey Ave. Availability and Summary of SE., Washington, DC 20590, 202–366– Documents for Incorporation by In consideration of the foregoing, the 9342, 202–366–7152 (fax), Reference Federal Aviation Administration amends 14 CFR part 71 as follows: [email protected] (email). This document amends FAA Order SUPPLEMENTARY INFORMATION: 7400.9Z, Airspace Designations and PART 71—DESIGNATION OF CLASS A, I. Regulatory Information Reporting Points, dated August 6, 2015, B, C, D, AND E AIRSPACE AREAS; AIR and effective September 15, 2015. FAA TRAFFIC SERVICE ROUTES; AND DOT is promulgating this interim Order 7400.9Z is publicly available as REPORTING POINTS final rule to ensure that the maximum listed in the ADDRESSES section of this civil penalty liability amounts set forth document. FAA Order 7400.9Z lists ■ 1. The authority citation for Part 71 in 14 CFR part 383 that may be assessed Class A, B, C, D, and E airspace areas, continues to read as follows: by the Department as a result of air traffic service routes, and reporting Authority: 49 U.S.C. 106(f), 106(g); 40103, violations of certain economic points. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, provisions of Title 49 of the United States Code reflect the statutorily The Rule 1959–1963 Comp., p. 389. mandated maximums as adjusted for This amendment to Title 14, Code of § 71.1 [Amended] inflation. Pursuant to section 701 of the Federal Regulations (14 CFR) part 71 ■ 2. The incorporation by reference in Federal Civil Penalties Inflation removes the Class E airspace area 14 CFR 71.1 of FAA Order 7400.9Z, Adjustment Act Improvements Act of extending upward from 700 feet above Airspace Designations and Reporting 2015 (the 2015 Act), DOT is required to the surface within a 6.3-mile radius of Points, dated August 6, 2015, and promulgate a ‘‘catch-up adjustment’’ Byerley Airport, Lake Providence, LA. effective September 15, 2015, is through an interim final rule. Public The controlled airspace is no longer amended as follows: Law 114–74. The 2015 Act requires the necessary due to the decommissioning Department to adjust certain civil of the NDB and cancellation of the NDB Paragraph 6005 Class E Airspace Areas penalty amounts and provides clear approach at the airport. Extending Upward From 700 Feet or More direction for how to adjust the civil Above the Surface of the Earth. Regulatory Notices and Analyses penalties, which leaves the agency little * * * * * room for discretion. By operation of the The FAA has determined that this ASW LA E5 Lake Providence, LA 2015 Act, DOT must publish the catch- regulation only involves an established (Removed) up adjustment by July 1, 2016, and the body of technical regulations for which new levels must take effect no later than frequent and routine amendments are Issued in Fort Worth, Texas, on July 28, August 1, 2016. For these reasons, necessary to keep them operationally 2016. pursuant to the 2015 Act and 5 U.S.C. current, is non-controversial and Walter Tweedy, 553(b)(3)(B), 553(d)(3), DOT finds that unlikely to result in adverse or negative Acting Manager, Operations Support Group, good cause exists for immediate comments. It, therefore: (1) Is not a ATO Central Service Center. implementation of this interim final rule ‘‘significant regulatory action’’ under [FR Doc. 2016–18771 Filed 8–9–16; 8:45 am] without prior notice and comment and Executive Order 12866; (2) is not a BILLING CODE 4910–13–P with an immediate effective date. ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 II. Background FR 11034; February 26, 1979); and (3) DEPARTMENT OF TRANSPORTATION On November 2, 2015, the President does not warrant preparation of a signed into law the Federal Civil Regulatory Evaluation as the anticipated Office of the Secretary Penalties Inflation Adjustment Act impact is so minimal. Since this is a Improvements Act of 2015, which routine matter that only affects air traffic 14 CFR Part 383 amended the Federal Civil Penalties procedures and air navigation, it is RIN 2105–AE51 Inflation Adjustment Act of 1990 (the certified that this rule, when Inflation Adjustment Act), to improve promulgated, does not have a significant Revisions to Civil Penalty Amounts the effectiveness of civil monetary economic impact on a substantial penalties and to maintain their deterrent AGENCY: Office of the Secretary (OST), number of small entities under the effect. The 2015 Act requires agencies Department of Transportation (DOT). criteria of the Regulatory Flexibility Act. to: (1) Adjust the level of civil monetary ACTION: Interim final rule. penalties with an initial ‘‘catch-up’’ Environmental Review adjustment through an interim final rule SUMMARY: In accordance with the The FAA has determined that this (IFR); and (2) make subsequent annual Federal Civil Penalties Inflation action qualifies for categorical exclusion adjustments for inflation. under the National Environmental Adjustment Act Improvements Act of The method of calculating inflation Policy Act in accordance with FAA 2015, the Department of Transportation adjustments in the 2015 Act differs Order 1050.1F, ‘‘Environmental is issuing an interim final rule to adjust substantially from the methods used in Impacts: Policies and Procedures,’’ for inflation the maximum civil penalty past inflation adjustment rulemakings paragraph 5–6.5.a. This airspace action amounts for violations of certain conducted pursuant to the Inflation is not expected to cause any potentially aviation economic statutes and the rules Adjustment Act. Previously, significant environmental impacts, and and orders issued pursuant to these adjustments to civil penalty amounts no extraordinary circumstances exist statutes. were conducted under requirements that warrant preparation of an DATES: The rule is effective August 10, that mandated significant rounding of environmental assessment. 2016. figures. For example, a penalty increase

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that was greater than $1,000, but less of 2003 (‘‘Vision 100’’) (Section 503, DOT did not increase penalty levels by than or equal to $10,000 would be Pub. L. 108–176; 117 Stat. 2490, more than 150 percent of the rounded to the nearest multiple of December 12, 2003), and have not been corresponding levels in effect on $1,000. While this allowed penalties to adjusted since, excluding Inflation November 2, 2015. The adjusted penalty be kept at round numbers, it meant that Adjustment Act revisions. is to be the lesser of either the penalties would often not be increased III. Completing the Catch-Up preliminary new penalty arrived at via at all if inflation had increased but not Adjustment the multiplier or an amount equal to by a large enough factor. Furthermore, 250% of the current penalty. In the case increases to penalties were capped at 10 The table below shows the penalties of these five penalties, the lesser percent. Over time, this formula caused that we are increasing pursuant to the number was the figure that resulted penalties to lose value relative to total 2015 Act. These calculations follow from applying the multiplier. guidance by the Office of Management inflation. Where applicable, DOT has also made and Budget (OMB), M–16–06, conforming edits to regulatory text. In The 2015 Act has removed these ‘‘Implementation of the Federal Civil addition, we are deleting a reference to rounding requirements; now, penalty Penalties Inflation Adjustment Act the Debt Collection Improvement Act of amounts are simply rounded to the Improvements Act of 2015,’’ dated Feb. 1996 in section 383.1(b) of the nearest $1. While this results in penalty 24, 2016. amounts that are no longer round In the first column, we have provided regulatory text. The Debt Collection numbers, it does ensure that penalty a description of the penalty. In the Improvement Act of 1996 amended the amounts will be increased each year to second column (‘‘Citation,’’) we have Federal Civil Penalties Inflation a figure commensurate with the actual provided the United States Code Adjustment Act of 1990. Additionally, calculated inflation. Furthermore, the (U.S.C.) statutory citation for the in the regulatory text for section 2015 Act ‘‘resets’’ the inflation provision that authorizes that penalty. 383.1(b) we are deleting the reference to calculations by excluding prior In the third column (‘‘Current Penalty’’), the Inflation Adjustment Act because it inflationary adjustments made under we have listed the existing penalty, and has been amended by the 2015 Act. the Inflation Adjustment Act, which in the fourth column (‘‘Baseline Pursuant to the 2015 Act, in the event contributed to a decline in the real value Penalty’’), we have provided the amount a violation took place prior to the of penalty levels. To do this, the 2015 of the penalty as enacted by Congress or effective date of the new penalty level, Act requires agencies to identify, for changed through a mechanism other and the DOT assessed a penalty after the each penalty, the year and than pursuant to the Inflation effective date, the new penalty level corresponding amount(s) for which the Adjustment Act, which in the case of all shall be assessed in a manner consistent maximum penalty level or range of five of these adjustments is by Vision with applicable law. The 2015 Act does minimum and maximum penalties was 100. The multiplier that we have used not alter DOT’s statutory authority, to originally enacted by Congress or last to adjust from the CPI–U of the year of the extent it exists, to assess penalties adjusted by statute or regulation, other this last adjustment (2003) to the CPI– below the maximum level. As the 2015 than pursuant to the Inflation U for the current year was provided by Act applies to penalties assessed after Adjustment Act. DOT has determined the Office of Management and Budget; the effective date of the applicable that the maximum levels for the civil it is 1.28561. Multiplying the baseline adjustment, the 2015 Act adjusts penalties that may be assessed for penalty by the multiplier provides the penalties prospectively. The 2015 Act violations of aviation economic statutes ‘‘New Penalty’’ listed in the final does not retrospectively change and regulations pursuant to 14 CFR part column, rounded to the nearest dollar. previously assessed or enforced 383 were established by Vision 100— In accordance with the 2015 Act and penalties that DOT is actively collecting Century of Aviation Reauthorization Act OMB memorandum M–16–06, however, or has collected.

Current Base line Description Citation penalty penalty New penalty

General civil penalty for violations of certain aviation economic 49 U.S.C. 46301(a)(1) ...... $27,500 $25,000 $32,140 regulations and statutes. General civil penalty for violations of certain aviation economic 49 U.S.C. 46301(a)(1) ...... 1,100 1,100 1,414 regulations and statutes involving an individual or small busi- ness concern. Civil penalties for individuals or small businesses for violations 49 U.S.C. 46301(a)(5)(A) ... 11,000 10,000 12,856 of most provisions of Chapter 401 of Title 49, including the anti-discrimination provisions of sections 40127 and 41705 and rules and orders issued pursuant to these provisions. Civil penalties for individuals or small businesses for violations 49 U.S.C. 46301(a)(5)(C) ... 5,500 5,000 6,428 of 49 U.S.C. 41719 and rules and orders issued pursuant to that provision. Civil penalties for individuals or small businesses for violations 49 U.S.C. 46301(a)(5)(D) ... 2,750 2,500 3,214 of 49 U.S.C. 41712 or consumer protection rules and orders issued pursuant to that provision.

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Regulatory Analysis and Notices Comply with the Regulatory Flexibility Environmental Policy Act of 1969 Act (2012), provides that: (NEPA) (42 U.S.C. 4321 et seq.) and has A. Executive Orders 12866 and 13563 determined that it is categorically and DOT Regulatory Policies and If, under the APA or any rule of general excluded pursuant to DOT Order Procedures applicability governing federal grants to state and local governments, the agency is 5610.1C, Procedures for Considering This interim final rule has been required to publish a general notice of Environmental Impacts (44 FR 56420, evaluated in accordance with existing proposed rulemaking (NPRM), the RFA must Oct. 1, 1979). Categorical exclusions are policies and procedures and is be considered [citing 5 U.S.C. 604(a)].... If actions identified in an agency’s NEPA considered not significant under an NPRM is not required, the RFA does not implementing procedures that do not Executive Orders 12866 and 13563 or apply. normally have a significant impact on DOT’s Regulatory Policies and Therefore, because the 2015 Inflation the environment and therefore do not Procedures; therefore, the rule has not Act does not require an NPRM for this require either an environmental been reviewed by the Office of rulemaking, the RFA does not apply. assessment (EA) or environmental Management and Budget (OMB) under impact statement (EIS). See 40 CFR Executive Order 12866. C. Executive Order 13132 (Federalism) 1508.4. In analyzing the applicability of The increase of the maximum civil This interim final rule has been a categorical exclusion, the agency must penalty will impact entities and analyzed in accordance with the also consider whether extraordinary individuals that are found to be in principles and criteria contained in circumstances are present that would violation of certain aviation economic Executive Order 13132 (‘‘Federalism’’). warrant the preparation of an EA or EIS. and consumer protection statutes, rules, This regulation has no substantial direct Id. Paragraph 3.c.6.i of DOT Order and orders. There is no direct cost to effects on the States, the relationship 5610.1C categorically excludes any regulated entity or individual between the national government and ‘‘[a]ctions relating to consumer unless the entity or individual is found the States, or the distribution of power protection, including regulations.’’ The to have committed a violation. and responsibilities among the various purpose of this rulemaking is to adjust Furthermore, the economic impact of levels of government. It does not contain the maximum civil penalties for the interim final rule is expected to be any provision that imposes substantial violations of certain aviation consumer minimal to the extent that preparation direct compliance costs on State and protection statutes, regulations, and of a regulatory evaluation is not local governments. It does not contain orders. The Department does not warranted. any new provision that preempts state anticipate any environmental impacts, B. Regulatory Flexibility Analysis law, because states are already and there are no extraordinary preempted from regulating in this area circumstances present in connection The Regulatory Flexibility Act of 1980 under the Airline Deregulation Act, 49 with this rulemaking. (5 U.S.C. 601, et seq.) requires an U.S.C. 41713. Therefore, the G. Unfunded Mandates Reform Act assessment of the impact of proposed consultation and funding requirements and final rules on small entities unless of Executive Order 13132 do not apply. The Department analyzed the interim the agency certifies that the proposed final rule under the factors in the regulation will not have a significant D. Executive Order 13084 Unfunded Mandates Reform Act of economic impact on a substantial This rule has been analyzed in 1995. The Department considered number of small entities. An air carrier accordance with the principles and whether the rule includes a federal or a foreign air carrier is a small criteria contained in Executive Order mandate that may result in the business if it provides air transportation 13084 (‘‘Consultation and Coordination expenditure by State, local, and tribal only with small aircraft (i.e., aircraft with Indian Tribal Governments’’). governments, in the aggregate, or by the with up to 60 seats/18,000 pound Because none of the measures in the private sector, of $100,000,000 or more payload capacity). See 14 CFR 399.73. rule will significantly or uniquely affect (adjusted annually for inflation) in any The revision of the civil penalty the communities of the Indian tribal one year. The Department has amount will raise potential penalties for governments or impose substantial determined that this interim final rule individuals and small businesses with direct compliance costs on them, the will not result in such expenditures. regard to violations of certain aviation funding and consultation requirements Accordingly, this interim final rule is economic regulations and statutes or of Executive Order 13084 do not apply. not subject to the Unfunded Mandates consumer protection rules and orders. Reform Act. Because the largest increase to the E. Paperwork Reduction Act maximum civil penalty affecting small Under the Paperwork Reduction Act, List of Subjects in 14 CFR Part 383 entities is only $2,856, the aggregate before an agency submits a proposed Administrative practice and economic impact of this rulemaking on collection of information to OMB for procedure, Penalties. small entities should be minimal and approval, it must publish a document in For the reasons stated in the would only be borne by those entities the Federal Register providing notice of preamble, the Office of the Secretary of found in violation of the regulations. and a 60-day comment period on, and Transportation amends 14 CFR part 383 Accordingly, I hereby certify that this otherwise consult with members of the as set forth below: action will not have a significant public and affected agencies concerning, economic impact on a substantial each proposed collection of information. PART 383—CIVIL PENALTIES number of small entities. This rule imposes no new information ■ In addition, DOT has determined the reporting or record keeping 1. The authority citation for 14 CFR RFA does not apply to this rulemaking. necessitating clearance by the Office of Part 383 is revised to read as follows: The 2015 Inflation Act requires DOT to Management and Budget. Authority: Sec. 701, Pub. L. 114–74, 129 publish an interim final rule and does Stat. 584; Sec. 503, Pub. L. 108–176, 117 Stat. not require DOT to complete notice and F. National Environmental Policy Act 2490; Pub. L. 101–410, 104 Stat. 890; Sec. comment procedures under the APA. The Department has analyzed the 31001, Pub. L. 104–134. The Small Business Administration’s A environmental impacts of this interim ■ 2. Section 383.1 is revised to read as Guide for Government Agencies: How to final rule pursuant to the National follows:

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§ 383.1 Purpose and periodic adjustment. DEPARTMENT OF THE TREASURY the special benefit. An agency that seeks (a) Purpose. This part adjusts the civil to impose a user fee for government- Internal Revenue Service provided services must calculate the full penalty liability amounts prescribed in cost of providing those services, review 49 U.S.C. 46301(a) for inflation in 26 CFR Part 300 user fees biennially, and update them as accordance with the Act cited in [TD 9781] necessary. paragraph (b) of this section. Section 6109(a)(4) of the Internal (b) Periodic Adjustment. DOT will RIN 1545–BN02 Revenue Code (Code) authorizes the periodically adjust the maximum civil Secretary to prescribe regulations for the penalties set forth in 49 U.S.C. 46301 Preparer Tax Identification Number inclusion of a tax return preparer’s (PTIN) User Fee Update and this part as required by the Federal identifying number on a return, Civil Penalties Inflation Adjustment Act AGENCY: Internal Revenue Service (IRS), statement, or other document required of 1990 as amended by the Federal Civil Treasury. to be filed with the IRS. On September 30, 2010, the Treasury Department and Penalties Inflation Adjustment Act ACTION: Final regulations and removal of the IRS published final regulations Improvements Act of 2015. temporary regulations. under section 6109 (REG–134235–08) in ■ 3. Section 383.2 is revised to read as SUMMARY: This document contains final the Federal Register (TD 9501) (75 FR follows: regulations relating to the imposition of 60315) (PTIN regulations) to provide certain user fees on tax return preparers. that, for returns or claims for refund § 383.2 Amount of penalty. The final regulations supersede and filed after December 31, 2010, the Civil penalties payable to the U.S. adopt the text of temporary regulations identifying number of a tax return Government for violations of Title 49, that reduced the user fee to apply for or preparer is the individual’s PTIN or Chapters 401 through 421, pursuant to renew a preparer tax identification such other number prescribed by the 49 U.S.C. 46301(a), are as follows: number (PTIN) from $50 to $33. The IRS in forms, instructions, or other appropriate guidance. The PTIN (a) A general civil penalty of not more final regulations affect individuals who apply for or renew a PTIN. The regulations require a tax return preparer than $32,140 (or $1,414 for individuals Independent Offices Appropriations Act who prepares or who assists in or small businesses) applies to of 1952 authorizes the charging of user preparing all or substantially all of a tax violations of statutory provisions and fees. return or claim for refund after rules or orders issued under those December 31, 2010 to have a PTIN. DATES: Effective Date: These regulations provisions, other than those listed in Final regulations (REG–139343–08) are effective on September 9, 2016. paragraph (b) of this section, (see 49 published in the Federal Register (TD Applicability Date: For date of 9503) (75 FR 60316) on September 30, U.S.C. 46301(a)(1)); applicability, see § 300.13(d). 2010, established a $50 user fee to apply (b) With respect to small businesses FOR FURTHER INFORMATION CONTACT: and individuals, notwithstanding the for or renew a PTIN. The ability to Concerning the final regulations, Hollie prepare tax returns and claims for general $1,414 civil penalty, the M. Marx at (202) 317–6844; concerning refund for compensation is a special following civil penalty limits apply: cost methodology, Eva J. Williams at benefit, for which the IRS may charge a (1) A maximum civil penalty of (202) 803–9728 (not toll-free numbers). user fee to recover the full costs of $12,856 applies for violations of most SUPPLEMENTARY INFORMATION: providing the special benefit. provisions of Chapter 401, including the Background and Summary of Pursuant to the guidelines in OMB Circular A–25, the IRS recalculated its anti-discrimination provisions of Comments sections 40127 (general provision), and cost of providing services under the 41705 (discrimination against the This document contains final PTIN application and renewal process disabled) and rules and orders issued regulations relating to the imposition of and determined that the full cost of a user fee to apply for or renew a PTIN. pursuant to those provisions (see 49 administering the PTIN program going The Independent Offices U.S.C. 46301(a)(5)(A)); forward is reduced from $50 to $33 per Appropriations Act of 1952 (IOAA), application or renewal. On October 30, (2) A maximum civil penalty of which is codified at 31 U.S.C. 9701, 2015, the Treasury Department and the $6,428 applies for violations of section authorizes agencies to prescribe IRS published in the Federal Register 41719 and rules and orders issued regulations that establish user fees for (80 FR 66851–01) a notice of proposed pursuant to that provision (see 49 U.S.C. services provided by the agency. The rulemaking by cross-reference to 46301(a)(5)(C)); and charges must be fair and must be based temporary regulations (REG–121496–15) (3) A maximum civil penalty of on the costs to the government, the proposing amendments to regulations $3,214 applies for violations of section value of the service to the recipient, the under 26 CFR part 300. On the same 41712 or consumer protection rules or public policy or interest served, and date, the Treasury Department and the orders (see 49 U.S.C. 46301(a)(5)(D)). other relevant facts. The IOAA provides IRS published in the Federal Register that regulations implementing user fees (80 FR 66792–01) temporary regulations Issued in Washington, DC, under authority are subject to policies prescribed by the (TD 9742) that reduced the amount of delegated at 49 CFR 1.27(n), on: August 5, President; these policies are set forth in the user fee to obtain or renew a PTIN 2016. the Office of Management and Budget from $50 to $33 per original or renewal Molly J. Moran, Circular A–25, 58 FR 38142 (July 15, application. Five electronic public Acting General Counsel. 1993) (OMB Circular A–25). comments were submitted under the [FR Doc. 2016–19003 Filed 8–9–16; 8:45 am] Under OMB Circular A–25, federal regulation number for the proposed agencies that provide services that regulations, but their contents related to BILLING CODE 4910–9X–P confer special benefits on identifiable issues other than a user fee for applying recipients beyond those accruing to the for or renewing a PTIN and are not general public are to establish user fees relevant to these regulations. The that recover the full cost of providing comments are available for public

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inspection at http:// impact on small business. No comments DEPARTMENT OF DEFENSE www.regulations.gov or upon request. were received on the proposed The IRS received no requests for a regulations. Department of the Army public hearing, and none was held. The final regulations adopt the proposed Drafting Information 32 CFR Part 505 regulations without change. The The principal author of these final [USA–2016–HQ–0030] temporary regulations are hereby made regulations is Hollie M. Marx, Office of obsolete and removed. the Associate Chief Counsel (Procedure Army Privacy Program Effect on Other Documents and Administration). However, other AGENCY: Department of the Army, DoD. Temporary regulations § 300.13T are personnel from the Treasury ACTION: Direct final rule. obsolete as of September 9, 2016. Department and the IRS participated in their development. SUMMARY: The Department of the Army Special Analyses is amending the Army Privacy Program Certain IRS regulations, including this List of Subjects in 26 CFR Part 300 Regulation. Specifically, Army is adding one, are exempt from the requirements Reporting and recordkeeping exemption rules for Army system of of Executive Order 12866, as requirements, User fees. records ‘‘A0600–20 SAMR, Soldiers supplemented and reaffirmed by Equal Opportunity Investigative Files’’. Executive Order 13563. Therefore, a Adoption of Amendments to the This rule provides policies and regulatory impact assessment is not Regulations procedures for the Army’s required. implementation of the Privacy Act of The Administrative Procedure Act Accordingly, 26 CFR part 300 is 1974, as amended. This direct final rule provides that substantive rules generally amended as follows: makes changes to the Department of the will not be effective until thirty days Army’s Privacy Program rule. These after the final regulations are published PART 300—USER FEES changes will allow the Department to in the Federal Register (5 U.S.C. exempt records from certain portions of 553(d)). The Treasury Department and ■ Paragraph 1. The authority citation the Privacy Act. This will improve the the IRS have determined that section 5 for part 300 continues to read as efficiency and effectiveness of the U.S.C. 553(d) of the Administrative follows: Department of Defense’s (DoD’s) Procedure Act applies to these final Authority: 31 U.S.C. 9701. program by preserving the exempt status regulations. of the records when the purposes The notice of proposed rulemaking ■ Par. 2. Section 300.13 is amended by underlying the exemption are valid and (REG–121496–15) included an initial adding paragraph (b) and revising necessary to protect the contents of the regulatory flexibility analysis. The paragraph (d) to read as follows: records. Treasury Department and the IRS DATES: The rule will be effective concluded in the initial regulatory § 300.13 Fee for obtaining a preparer tax October 19, 2016 unless comments are flexibility analysis that the proposed identification number. received that would result in a contrary regulations, if promulgated, may have a * * * * * determination. Comments will be significant economic impact on a (b) Fee. The fee to apply for or renew accepted on or before October 11, 2016. substantial number of small entities. a preparer tax identification number is ADDRESSES: You may submit comments, None of the public comments submitted $33 per year, which is the cost to the under the regulation number for the identified by docket number and/or RIN government for processing the proposed regulation addressed the number and title, by any of the application for a preparer tax initial regulatory flexibility analysis. following methods: identification number and does not • After further consideration, the Treasury Federal Rulemaking Portal: http:// Department and the IRS conclude that include any fees charged by the vendor. www.regulations.gov. Follow the no final regulatory flexibility analysis is * * * * * instructions for submitting comments. • Mail: Department of Defense, Office required. The Treasury Department and (d) Applicability date. This section the IRS certify that the final regulations of the Deputy Chief Management will be applicable for applications for Officer, Directorate for Oversight and will not have a significant economic and renewal of a preparer tax impact on a substantial number of small Compliance, 4800 Mark Center Drive, identification number filed on or after Mailbox #24, Alexandria, VA 22350– entities. Although the final regulations September 9, 2016. will likely affect a substantial number of 1700. Instructions: All submissions received small entities, the economic impact on § 300.13T [Removed] those entities is not significant. The must include the agency name and final regulations establish a $33 fee to ■ Par. 3. Section 300.13T is removed. docket number or Regulatory Information Number (RIN) for this apply for or renew a PTIN per original John Dalrymple, or renewal application, which is a Federal Register document. The general Deputy Commissioner for Services and reduction from the previously policy for comments and other Enforcement. established fee of $50 per original or submissions from members of the public renewal application, and the $33 fee Approved: July 14, 2016. is to make these submissions available for public viewing on the Internet at will not have a significant economic Mark J. Mazur, http://www.regulations.gov as they are impact on a small entity. Assistant Secretary of the Treasury (Tax Pursuant to section 7805(f) of the received without change, including any Policy). personal identifiers or contact Code, the notice of proposed rulemaking [FR Doc. 2016–18925 Filed 8–9–16; 8:45 am] that preceded these final regulations information. BILLING CODE 4830–01–P was submitted to the Chief Counsel for FOR FURTHER INFORMATION CONTACT: Ms. Advocacy of the Small Business Tracy C. Rogers, Chief, FOIA/PA, Administration for comment on its telephone: 703–428–7499.

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SUPPLEMENTARY INFORMATION: programs, or the rights and obligations (g) * * * of recipients thereof; or (4) raise novel (35) System identifier: A0600–20 SAMR. Direct Final Rule and Significant legal or policy issues arising out of legal (i) System name: Soldiers Equal Adverse Comments mandates, the President’s priorities, or Opportunity Investigative Files. DoD has determined this rulemaking (ii) Exemptions: Investigatory material the principles set forth in these compiled for law enforcement purposes, meets the criteria for a direct final rule Executive Orders. other than material within the scope of because it involves non-substantive Public Law 96–354, ‘‘Regulatory subsection 5 U.S.C. 552a(j)(2), is exempt changes dealing with DoD’s pursuant to 5 U.S.C. 552a(k)(2). However, if management of its Privacy Programs. Flexibility Act’’ (5 U.S.C. Chapter 6) an individual is denied any right, privilege, DoD expects no opposition to the It has been determined that this or benefit for which he would otherwise be changes and no significant adverse Privacy Act rule for the DoD does not entitled by Federal law or for which he comments. However, if DoD receives a have significant economic impact on a would otherwise be eligible, as a result of the significant adverse comment, the substantial number of small entities maintenance of such information, such material shall be provided to the individual, Department will withdraw this direct because it is concerned only with the except to the extent that disclosure would final rule by publishing a notice in the administration of Privacy Act within the reveal the identity of a confidential source. Federal Register. A significant adverse DoD. Therefore, portions of this system of records comment is one that explains: (1) Why Public Law 95–511, ‘‘Paperwork may be exempt pursuant to 5 U.S.C. the direct final rule is inappropriate, 552a(k)(2) from subsections 5 U.S.C. Reduction Act’’ (44 U.S.C. Chapter 35) including challenges to the rule’s 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), underlying premise or approach; or (2) It has been determined that this (e)(4)(I), and (f). why the direct final rule will be Privacy Act rule for the DoD imposes no (iii) Authority: 5 U.S.C. 552a(k)(2). ineffective or unacceptable without a information collection requirements on (iv) Reasons: (A) From subsection (c)(3) the public under the Paperwork because the release of the disclosure change. In determining whether a accounting would permit the subject of a comment necessitates withdrawal of Reduction Act of 1995. criminal investigation or other investigation this direct final rule, DoD will consider Section 202, Public Law 104–4, conducted for law enforcement purposes to whether it warrants a substantive ‘‘Unfunded Mandates Reform Act’’ obtain valuable information concerning the response in a notice and comment nature of that investigation which will process. It has been determined that this present a serious impediment to law This regulatory action imposes no Privacy Act rulemaking for the DoD enforcement. monetary costs to the Agency or public. does not involve a Federal mandate that (B) From subsection (d) because access to The benefit to the public is the accurate may result in the expenditure by State, such records contained in this system would local and tribal governments, in the inform the subject of a criminal investigation reflection of the Agency’s Privacy or other investigation conducted for law Program to ensure that policies and aggregate, or by the private sector, of $100 million or more and that such enforcement purposes, of the existence of procedures are known to the public. that investigation, provide the subject of the rulemaking will not significantly or Regulatory Procedures investigation with information that might uniquely affect small governments. enable him to avoid detection or Executive Order 12866, ‘‘Regulatory Executive Order 13132, ‘‘Federalism’’ apprehension, and would present a serious Planning and Review’’ and Executive impediment to law enforcement. Order 13563, ‘‘Improving Regulation It has been determined that the (C) From subsection (e)(1) because in the and Regulatory Review’’ Privacy Act rule for the Department of course of criminal investigations or other law Defense does not have federalism enforcement investigations, information is Executive Orders 13563 and 12866 implications. The rule does not have often obtained concerning the violations of direct agencies to assess all costs and substantial direct effects on the States, laws or civil obligations of others not relating benefits of available regulatory on the relationship between the to an active case or matter. In the interests of effective law enforcement, it is necessary alternatives and, if regulation is National Government and the States, or necessary, to select regulatory that this valuable information is retained on the distribution of power and because it can aid in establishing patterns of approaches that maximize net benefits responsibilities among the various activity and provide valuable leads for other (including potential economic, levels of government. agencies and future cases that may be environmental, public health and safety brought. effects, distribute impacts, and equity). List of Subjects in 32 CFR Part 505 (D) From subsections (e)(4)(G) and (e)(4)(H) Executive Order 13563 emphasizes the Privacy. because the requirements in those importance of quantifying both costs Accordingly 32 CFR part 505 is subsections are inapplicable to the extent and benefits, of reducing costs, of amended as follows: that portions of this system of records may harmonizing rules, and of promoting be exempted from subsection (d), concerning flexibility. It has been determined this PART 505—ARMY PRIVACY ACT individual access. PROGRAM (E) From subsection (e)(4)(I) because the Privacy Act rule is not a significant rule. identity of specific sources must be withheld This rule does not (1) have an annual ■ 1. The authority citation for 32 CFR to protect the confidentiality of the sources effect on the economy of $100 million of criminal and other law enforcement or more or adversely affect in a material part 505 continues to read as follows: information. This exemption is further way the economy; a sector of the Authority: Public Law 93–579, 88 Stat. necessary to protect the privacy and physical economy; productivity; competition; 1896 (5 U.S.C. 552a). safety of witnesses and informants. jobs; the environment; public health or ■ 2. Amend appendix D to part 505 by (F) From subsection (f) because portions of safety; or State, local, or tribal adding paragraph (g)(35) to read as this system of records have been exempted governments or communities; (2) create from the access provisions of subsection (d). follows: (G) For records that are copies of exempt a serious inconsistency or otherwise Appendix D to Part 505—Exemptions, records from external systems of records, interfere with an action taken or such records are only exempt from pertinent planned by another Agency; (3) Exceptions, and DoD Blanket Routine Uses provisions of 5 U.S.C. 552a to the extent such materially alter the budgetary impact of provisions have been identified and an entitlements, grants, user fees, or loan * * * * * exemption claimed for the original record

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and the purposes underlying the exemption remain temporarily closed to navigation operating schedule immediately at the for the original record still pertain to the for five hours. end of the effective period of this record that is now contained in this system DATES: This deviation is effective from temporary deviation. This deviation of records. In general, the exemptions were from the operating regulations is claimed to properly protect classified 7 a.m. to noon on August 25, 2016. information relating to national defense and ADDRESSES: The docket for this authorized under 33 CFR 117.35. foreign policy; to avoid interference during deviation, [USCG–2016–0677] is David M. Frank, the conduct of criminal, civil, or available at http://www.regulations.gov. Bridge Administrator, Eighth Coast Guard administrative actions or investigations; to Type the docket number in the District. ensure protective services provided to the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. [FR Doc. 2016–18968 Filed 8–9–16; 8:45 am] President and others are not compromised; to Click on Open Docket Folder on the line protect records used solely as statistical associated with this deviation. BILLING CODE 9110–04–P records; to protect the identity of confidential sources incident to Federal employment, FOR FURTHER INFORMATION CONTACT: If military service, contract, and security you have questions on this temporary DEPARTMENT OF HOMELAND clearance determinations; to preserve the deviation, call or email David Frank, SECURITY confidentiality and integrity of Federal Bridge Administration Branch, Coast testing materials; and to safeguard evaluation Guard; telephone 504–671–2128, email Coast Guard materials used for military promotions when [email protected]. provided by a confidential source. The SUPPLEMENTARY INFORMATION: The 33 CFR Part 165 exemption rule for the original records will Burlington Northern Santa Fe Railway identify the specific reasons the records are exempt from specific provisions of 5 U.S.C. Company requested a temporary [Docket No. USCG–2016–0685] 552a. deviation from the operating schedule of the Morgan City Railroad Bridge across Safety Zones; Multiple Fireworks and * * * * * Berwick Bay at mile 17.5 of the Swim in Captain of the Port New York Dated: August 4, 2016. Atchafalaya River and the Gulf Zone Aaron Siegel, Intracoastal Waterway, Morgan City to Alternate OSD Federal Register Liaison Port Allen Alternate Route, mile 0.3 in AGENCY: Coast Guard, DHS. Officer, Department of Defense. Morgan City, St. Mary Parish, Louisiana. ACTION: Notice of enforcement of [FR Doc. 2016–18822 Filed 8–9–16; 8:45 am] This deviation was requested to allow regulation. BILLING CODE 5001–06–P the bridge owner to replace a cracked joint on the west end of the bridge. This SUMMARY: The Coast Guard will enforce bridge is governed by 33 CFR 117.5. various safety zones within the Captain This deviation allows the vertical lift of the Port New York Zone on the DEPARTMENT OF HOMELAND bridge to remain closed to navigation SECURITY specified dates and times. This action is from 7 a.m. to noon on Thursday, necessary to ensure the safety of vessels Coast Guard August 25, 2016. The bridge has a and spectators from hazards associated vertical clearance of 4 feet above high with fireworks displays. During the water in the closed-to-navigation 33 CFR Part 117 enforcement period, no person or vessel position and 73 feet above high water in may enter the safety zones without [Docket No. USCG–2016–0677] the open-to-navigation position. permission of the Captain of the Port Navigation on the waterway consists of (COTP). Drawbridge Operation Regulation; tugs with tows, oil industry related Berwick Bay-Atchafalaya River, work boats and crew boats, commercial DATES: The regulation for the safety Morgan City, LA fishing vessels and some recreational zones described in 33 CFR 165.160 will craft. be enforced on the dates and times AGENCY: Coast Guard, DHS. Vessels able to pass through the listed in the table below. ACTION: Notice of deviation from bridge in the closed position may do so FOR FURTHER INFORMATION CONTACT: If drawbridge regulations. at any time and should pass at the you have questions on this document, slowest safe speed. The bridge will not SUMMARY: The Coast Guard has issued a call or email Petty Officer First Class be able to open for emergencies and the Ronald Sampert U.S. Coast Guard; temporary deviation from the operating Morgan City-Port Allen Landside route schedule that governs the Morgan City telephone 718–354–4197, email through Amelia, LA is the closest [email protected]. Railroad Bridge across Berwick Bay at available alternate route. mile 17.5 of the Atchafalaya River and The Coast Guard will also inform the SUPPLEMENTARY INFORMATION: The Coast the Gulf Intracoastal Waterway, Morgan users of the waterways through our Guard will enforce the safety zones City to Port Allen Alternate Route, mile Local and Broadcast Notices to Mariners listed in 33 CFR 165.160 on the 0.3 in Morgan City, St. Mary Parish, of the change in operating schedule for specified dates and times as indicated in Louisiana. The deviation is necessary to the bridge. Tables 1 and 2 below. This regulation conduct maintenance on the bridge. In accordance with 33 CFR 117.35(e), was published in the Federal Register This deviation allows the bridge to the drawbridge must return to its regular on November 9, 2011 (76 FR 69614).

TABLE 1

1. First Data Corp Fireworks Display, Ellis Island Safety Zone; 33 CFR • Launch site: A barge located between Federal Anchorages 20–A 165.160 (2.2). and 20–B, in approximate position 40°41′45″ N., 074°02′09″ W. (NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is a 360-yard radius from the barge. • Date: September 10, 2016. • Time: 7:40 p.m.–9:00 p.m.

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TABLE 1—Continued 2. Save the Date Fireworks Display, Ellis Island Safety Zone; 33 CFR • Launch site: A barge located between Federal Anchorages 20–A 165.160 (2.2). and 20–B, in approximate position 40°41′45″ N., 074°02′09″ W. (NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is a 360-yard radius from the barge. • Date: October 27, 2016. • Time: 8:30 p.m.–10:00 p.m.

TABLE 2

1. Rose Pitonof Swim, Swim Event; 33 CFR 165.160 (4.2) ...... • Location: Participants will swim between Manhattan, New York and the shore of Coney Island, New York transiting through the Upper New York Bay, under the Verrazano-Narrows Bridge and south in the Lower New York Bay. The route direction is determined by the predicted tide state and direction of current on the scheduled day of the event. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. • Date: August 13, 2016. • Time: 6:00 a.m.–12:00 p.m.

Under the provisions of 33 CFR SUMMARY: The Department of Veterans comments may be viewed online 165.160, vessels may not enter the safety Affairs (VA) is establishing a grant through the Federal Docket Management zones unless given permission from the program (Veterans Employment Pay for System (FDMS) at www.Regulations.gov. COTP or a designated representative. Success (VEPFS)) under the authority of FOR FURTHER INFORMATION CONTACT: Spectator vessels may transit outside the the U.S.C. to award grants to eligible Patrick Littlefield, Director, VA Center safety zones but may not anchor, block, entities to fund projects that are for Innovation, Department of Veterans loiter in, or impede the transit of other successful in accomplishing Affairs, (08), 810 Vermont Ave. NW., vessels. The Coast Guard may be employment rehabilitation for Veterans Washington, DC, (202) 256–7176. (This assisted by other Federal, State, or local with service-connected disabilities. VA is not a toll-free number.) law enforcement agencies in enforcing will award grants on the basis of an SUPPLEMENTARY INFORMATION: VA’s this regulation. eligible entity’s proposed use of a Pay Vocational Rehabilitation & This document is issued under for Success (PFS) strategy to achieve Employment (VR&E) Service provides authority of 33 CFR 165.160(a) and 5 goals. This interim final rule establishes services and assistance necessary to U.S.C. 552(a). In addition to this regulations for awarding a VEPFS grant, enable Veterans with compensable notification in the Federal Register, the including the general process for service-connected disabilities and Coast Guard will provide mariners with awarding the grant, criteria and employment barriers to achieve advanced notification of enforcement parameters for evaluating grant maximum independence in daily living periods via the Local Notice to Mariners applications, priorities related to the and, to the maximum extent feasible, to and marine information broadcasts. If award of a grant, and general become employable and to obtain and the COTP determines that a safety zone requirements and guidance for maintain suitable employment. (A need not be enforced for the full administering a VEPFS grant program. Veteran with a noncompensable service- duration stated in this notice, a DATES: Effective Date: This rule is connected disability is not entitled to Broadcast Notice to Mariners may be effective on August 10, 2016. vocational rehabilitation services and used to grant general permission to Comment Date: Comments must be assistance under chapter 31 of title 38, enter the safety zone. received on or before October 11, 2016. United States Code. See 38 U.S.C. 3102.) Dated: July 22, 2016. ADDRESSES: Written comments may be Section 3119 of title 38, United States M.H. Day, submitted through Code, authorizes the Secretary of www.Regulations.gov; by mail or hand- Captain, U.S. Coast Guard, Captain of the Veterans Affairs (Secretary) to make Port New York. delivery to Director, Regulation Policy grants to or contract with public or and Management (02REG), Department nonprofit agencies, including [FR Doc. 2016–18894 Filed 8–9–16; 8:45 am] of Veterans Affairs, 810 Vermont institutions of higher learning, to BILLING CODE 9110–04–P Avenue NW., Room 1068, Washington, advance ‘‘the knowledge, methods, DC 20420; or by fax to (202) 273–9026. techniques, and resources available for Comments should indicate that they are use in rehabilitation programs for DEPARTMENT OF VETERANS submitted in response to ‘‘RIN 2900– veterans.’’ Section 3119 specifically AFFAIRS AP72—Veterans Employment Pay for authorizes the Secretary to make grants Success Grant Program.’’ Copies of to such agencies to conduct or provide 38 CFR Part 21 comments received will be available for support for projects which are public inspection in the Office of ‘‘designed to increase the resources and RIN 2900–AP72 Regulation Policy and Management, potential for accomplishing the Room 1068, between the hours of 8:00 rehabilitation of disabled veterans.’’ Veterans Employment Pay for Success a.m. and 4:30 p.m., Monday through (See also implementing regulation at 38 Grant Program Friday (except holidays). Please call CFR 21.390.) AGENCY: Department of Veterans Affairs. (202) 461–4902 for an appointment. PFS is a strategy for successfully (This is not a toll-free number.) In attaining positive social or ACTION: Interim final rule. addition, during the comment period, environmental outcomes by paying for

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an intervention to achieve such support for projects which are designed § 21.441 Definitions. outcomes only after the intervention to increase the potential for Section 21.441 defines terms used in produces these outcomes. Using a PFS accomplishing the rehabilitation of §§ 21.440–21.449 and any Notices of strategy, a party to an agreement agrees disabled Veterans broadly, to allow for Funding Availability (NOFA) issued to pay for services for specific people or the funding of projects that serve pursuant to §§ 21.440–21.449. The communities in need of particular Veterans with either compensable or definitions are set out in the regulatory services only if and when an agreed- noncompensable service-connected text, but we elaborate on some of them upon set of outcomes related to meeting disabilities. By funding projects that as follows: the people’s or communities’ needs has serve Veterans with either compensable ‘‘Eligible entity’’ is defined as a public been achieved or a level of impact has or noncompensable service-connected been verified. Instead of funding or nonprofit agency, to include disabilities, there is increased potential institutions of higher learning. Section services regardless of the results, to discover new techniques and payments are made only if interventions 3119 of title 38, United States Code, resources for use in VA’s VR&E program provides authorization to make grants to achieve the outcomes agreed upon in to enable Veterans who qualify for advance. For example, instead of paying public or nonprofit agencies, including VR&E services to become employable institutions of higher learning. We for the provision of job training without and to obtain and maintain suitable knowing whether such training will interpret the term ‘‘nonprofit agency,’’ employment. have a successful result, an entity might as used in Sec. 3119, to include tax- use a PFS strategy to pay for the Accordingly, under the authority of exempt, incorporated or unincorporated provision of job training only when Sec. 3119, VA will award grants to organizations that serve the public individuals gain stable employment in eligible entities that will become interest and generally have a charitable, good jobs. When the party committed to ‘‘outcomes payors,’’ to administer educational, scientific, religious, or pay for outcomes is a Government payment for outcomes of interventions literary goal. We interpret the term entity, taxpayers will not have to pay for that are successful in accomplishing ‘‘public agency’’, as used in Sec. 3119, ineffective services. However, the party employment rehabilitation for Veterans to include the government of the United that provides services may not have the with service-connected disabilities. In States or of a State or political funding for the services before outcomes other words, VA will fund outcomes of subdivision of a State. are measured. PFS agreements can projects that achieve favorable ‘‘Employment outcome’’ is defined as incorporate PFS financing, sometimes employment outcomes related to the employment or earnings of a referred to as ‘‘social impact bonds,’’ to success in the ability or potential to participant in the intervention or cover the costs of the services until secure or sustain stable employment or control group member after the service success is achieved and payments are to achieve increased earnings of period. The VEPFS program will due. PFS financing involves third-party, Veterans with service-connected measure certain outcomes, including independent investors that provide the disabilities. The funding will be referred competitive employment, skill financing necessary to carry out the to as ‘‘outcomes payments’’ and the development, achieving a sustained intervention. In addition, a PFS model grant known as the ‘‘Veterans period of employment, wage-earnings, and achieving employment that aligns typically involves a project coordinator Employment Pay for Success (VEPFS)’’ with the interests and aptitude of the job or intermediary to facilitate and manage grant. This interim final rule establishes seeker. Improving employment the project, a service provider to deliver regulations for awarding a VEPFS grant, outcomes means creating positive the intervention, and an independent including the general process for evaluator to determine whether the impact in terms of these outcomes, awarding the grant, criteria and where the results for individuals that intervention achieves the desired parameters for evaluating grant outcomes. receive the intervention are better than applications, priorities related to the There is a need to find new, the results for a valid control group that award of a grant, and general did not receive the intervention. innovative methods for rehabilitating requirements and guidance for ‘‘Intervention’’ is defined as a service Veterans with compensable service- administering a VEPFS grant program. connected disabilities (as defined in 38 or technology that is provided to CFR 3.1(k)) who qualify for benefits § 21.440 Purpose and Scope. individuals and intended to achieve under VA’s VR&E program so that they certain results. Examples of service become employable and are ultimately Section 21.440 sets forth the purpose interventions or technological able to obtain and maintain suitable of a VEPFS grant program and explains interventions to improve Veteran employment. Through PFS grant what the program provides. This section employment outcomes include, but are programs, which may serve various indicates that VA may provide a grant not limited to, support services, Veteran populations including those to an eligible entity to fund outcomes employment coaching, mental health Veterans with noncompensable service- payments for a project that achieves treatment, vocational training, connected disabilities who do not favorable employment outcomes for occupational therapy, community qualify for VR&E benefits, we hope to Veterans with service-connected engagement, and outreach. obtain information to establish new, disabilities. There is a need to find new ‘‘Project partnership’’ is defined as a innovative methods for rehabilitating and innovative methods for collaboration among entities that Veterans who qualify for VR&E benefits. rehabilitating Veterans with negotiate an agreement and execute a PFS offers an economical mechanism, compensable service-connected project to improve employment which can save taxpayers’ money, for disabilities with regard to employment outcomes for Veterans with service- exploring the resources and techniques and, as noted above, the VEPFS grant connected disabilities. For the purpose that are available for rehabilitating program offers an economical of the VEPFS grant program, a project Veterans with service-connected mechanism, which can save taxpayers’ partnership is not a distinct legal entity. disabilities with regard to employment. money, for exploring the resources and Section 21.441 includes definitions for We interpret the authority in Sec. 3119 techniques that may be available to the entities that may be involved in a to award grants to conduct or provide address that need. project partnership.

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‘‘Social finance strategy’’ is defined as minimum of 5 years and a pre- indirect cost rate (a rate already a method for securing financial determined maximum number of years, negotiated with the Federal resources using an investment approach as specified in the NOFA, beginning on Government), use a 10% de minimis that focuses on achieving positive social the date on which the VEPFS grant is rate of modified total direct costs, and/or environmental impact with some awarded, with the availability of no-cost negotiate an indirect cost rate for the form of financial return. Examples of extensions. At the end of the pre- first time, or claim certain costs directly social finance strategies include: (1) determined maximum period, the following 2 CFR 200.413 so as to not Matching taxpayer dollars with non- effectiveness of the project will be limit the pool of eligible applicants to government contributions to extend the assessed to determine the project’s entities that will use a particular impact of not-for-profit organizations; success. Five years is the minimum permissible option. This is consistent (2) simplifying access to government length of time necessary to maximize with regulatory guidance to Federal funding for community organizations the effectiveness of a project and obtain agencies that provide grant awards to and institutions of higher learning. meaningful data on a project’s success non-Federal entities, including States, ‘‘Strong evidence’’ is defined as through periodic reporting. This local governments, Indian tribes, results from previous studies, the timeframe allows 1 year to develop, institutions of higher education, and designs of which can support causal refine and launch the project, 3 years for non-profit organizations issued by the conclusions (i.e., studies with high service delivery to produce outcomes Office of Management and Budget internal validity), which include enough and data, and 1 year for a thorough (OMB) and codified in in part 200 of of the range of participants and settings evaluation of outcomes. Section title 2 of the Code of Federal to support scaling up to the state, 21.442(d) specifies that a recipient must Regulations. 2 CFR 200.414; see also 2 regional, or national level (i.e., studies provide matching funds from non- CFR 200.69. These administrative costs with high external validity). The Federal sources that are at least equal to may be claimed before outcomes are following are examples of strong or greater than the amount of Federal measured and regardless of whether evidence: (1) More than one well- grant funds awarded, which will be outcomes are achieved at pre-set levels. designed and well-implemented combined with the amount of Federal § 21.444 Notice of Funding experimental study or well-designed grant funds awarded to be used to fund Availability. and well-implemented quasi- the proposed PFS project as a condition experimental study that supports the of receiving a VEPFS grant. Requiring Section 21.444 states that when funds effectiveness of the practice, strategy, or matching funds increases the amount of are available to award a VEPFS grant, program; or (2) one large, well-designed available funding for VEPFS projects. VA will publish a NOFA announcing and well-implemented randomized Section 21.442(e) specifies that a VEPFS the funding opportunity in the Federal controlled, multisite trial that supports grant is not a Veterans’ benefit, and, Register and on Grants.gov (http:// the effectiveness of the practice, therefore, any decisions of the Secretary www.grants.gov) providing specific strategy, or program. as to whether to award a VEPFS grant details about the opportunity. Section ‘‘Work-plan’’ is defined as a are final and not subject to the same 21.444, in paragraphs (a)–(f), lists document that articulates tasks and rights of appeal as decisions related to generally the information the NOFA milestones with regard to a particular Veterans’ benefits. will include. Section 200.203 of title 2, project. A work plan contains a detailed Code of Federal Regulations, requires overview of all activities that will be § 21.443 Permissible Uses of VEPFS the issuance of a NOFA, which includes undertaken to complete a project, and Grant Funds. specific identifying information, the goals, objectives, outcomes, Section 21.443(a) specifies that information describing the funding responsible parties, and timeline for VEPFS grant funds may be used to make opportunity, and information regarding each task of a project, which collectively outcomes payments only if an the award, eligibility, application, serve as the roadmap for execution of intervention achieves outcomes at a pre- application review, and Federal award project tasks. set level that has been agreed to in a PFS administration. OMB requires the agreement before service delivery begins issuance of a NOFA and publication of § 21.442 VEPFS Grants—General. for a PFS project with a goal to improve this information to ensure that eligible Section 21.442 provides general employment outcomes for Veterans with entities have the information required to information pertaining to VEPFS grants. service-connected disabilities. As stated apply for grants. Section 21.442(a) establishes that only above, the reason for using a PFS § 21.445 Application. an eligible entity may receive a VEPFS strategy is to avoid using taxpayer grant. Section 21.442(b) establishes that dollars for ineffective services and Section 21.445 identifies VEPFS grant the available grant funding amount will therefore save taxpayer money. VA is application procedures and the be specified in the NOFA. The amount specifically funding PFS projects that information required to constitute a of funding VA may provide in a VEPFS aim to improve employment outcomes complete application package. This grant is not limited by or otherwise for Veterans with service-connected section requires eligible entities to specified in statute. In addition, VA may disabilities to carry out Congress’ submit a complete grant application combine its funds with funds of another intention that VA ‘‘advance the package, in accordance with Federal entity to increase the amount knowledge, methods, techniques, and instructions provided in the NOFA available for a VEPFS project. VA will resources available for use in through Grants.gov (http:// determine the amount of funding rehabilitation programs for veterans’’ www.grants.gov) to apply for a VEPFS available for an individual VEPFS and increase the ‘‘potential for grant. Use of this Web site is the easiest project, including any contributions accomplishing the rehabilitation of and most efficient way to process grant from another Federal agency, on a case- disabled veterans.’’ applications. Furthermore, eligible by-case basis and will announce the In addition, to cover the indirect costs entities submitting an application for a amount of available grant funding for of administering the grant (costs VEPFS grant will likely be familiar with that VEPFS project in the applicable associated with general administration this Web site. In describing the NOFA. Section 21.442(c) states that the and expenses), § 21.443(b) allows a information a complete application period for a VEPFS grant will be a recipient to use a Federally approved package must contain, paragraph (a)

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requires the complete application to deadline established in the NOFA and § 21.448 Recipient Reporting contain a project description, including identifies the criteria to be used in Requirements. a description of the intervention, the selecting a recipient. Selection of a Section 21.448 requires recipients to Veteran population to be served, and recipient will be based on the likelihood submit a quarterly report 30 days after anticipated employment outcomes. VA of successful implementation of the the close of each Federal fiscal quarter needs this information to determine project and the likelihood that the of the grant period that includes a whether the project proposed has a project will meet objectives. The detailed record of the time involved and reasonable chance of providing positive information described in § 21.446(a) resources expended administering the employment outcomes for Veterans with will allow VA to make such VEPFS program; the number of Veterans service-connected disabilities. determination regarding the likelihood served, including demographics of this Paragraph (b) requires the complete of project success. population; the types of employment application to contain a description of Section 21.446(b) indicates that assistance provided; a full accounting of the anticipated project partnership(s), NOFA announcements may clarify the VEPFS grant funds used or unused including the responsibilities of each of selection criteria in paragraph (a) and during the quarter; a comparison of the partner entities, the experience of will specify the relative weight (point accomplishments related to the any involved entities with serving value) assigned for each selection Veteran populations, and other objectives of the award; an explanation criterion according to the criterion’s for any goals not met; and an analysis qualifications of the involved entities importance in ensuring the successful that may be relevant in carrying out and explanation for any cost overruns. development and implementation of a With such information, VA can responsibilities of the project VEPFS project and that eligible entities partnership. VA needs this information effectively analyze program will be ranked in order from highest to performance and ensure that a recipient to assess the likelihood of success an lowest total score. This section also applicant will have carrying out a is using grant funds in accordance with indicates that VA will award any VEPFS the grant agreement. In addition, VEPFS project. In addition, paragraph grant on the primary basis of scores but (b) informs applicants that, in procuring § 21.448 requires recipients to provide will also consider a risk assessment additional reports if necessary to allow partners such as the project coordinator evaluation. and investor, procurement standards set VA to assess program accountability and forth in 2 CFR 200.317–200.326 must be § 21.447 VEPFS Grant Agreement. effectiveness on an ongoing basis. followed. Paragraph (c) requires the Section 21.447 states that VA will § 21.449 Recovery of Funds. complete application to include a work draft a grant agreement for execution plan with a budget and timelines. These Section 21.449 specifies that VA can between VA and the applicant selected disclosures will help reviewers assess impose additional conditions as to receive a VEPFS grant, and VA will how close the project is to beginning to specified in 2 CFR 200.207 if a recipient obligate the grant funds to cover the provide services and the extent to which fails to comply with any Federal statutes amount of the approved grant, subject to an applicant has considered all aspects or regulations or the terms and the availability of funding, upon of planning. Paragraph (d) requires the conditions of an award made under complete application to contain a execution of the agreement. This section §§ 21.440–21.449. Section 21.449 also description of applicant’s expertise or also states that the VEPFS grant allows VA to take any appropriate experience with PFS or other social agreement will provide that the actions specified in 2 CFR part 200 as finance strategies or experience recipient agrees (and will ensure that remedies for non-compliance if non- administering programs that serve any subcontractors agree) to: Operate compliance cannot be remedied. These Veterans with disabilities. Paragraph (e) the program in accordance with the measures help safeguard Federal funds requires the complete application to provisions of §§ 21.440–21.449, 2 CFR and ensure appropriate use of the include documentation of an applicant’s part 200, and the applicant’s VEPFS VEPFS grant funds awarded. grant application; comply with such ability and capacity to administer the Administrative Procedure Act project. Having the information other terms and conditions, including obtained from the requirements of recordkeeping and reports for program In accordance with 5 U.S.C. 553(b)(B) paragraphs (d) and (e) will also allow monitoring and evaluation purposes, as and (d)(3), the Secretary finds that there VA to assess the likelihood of success of VA may establish for purposes of is good cause to dispense with the a VEPFS project. Paragraph (f) requires carrying out the VEPFS program in an opportunity for prior notice and the complete application to include effective and efficient manner; and comment and good cause to publish this proof of matching funds already provide any additional information VA rule with an immediate effective date. secured, the applicant’s ability to secure requests in the manner and timeframe The Secretary finds that it is matching funds, or commitments of VA specifies. Part 200 provides uniform impracticable and contrary to the public matching funds the applicant has guidance and government-wide terms interest to delay this rule for the received. Reviewers need this and conditions for the management of purpose of soliciting prior public documentation to confirm an awards and the administration of comment or to have a delayed effective applicant’s ability to meet the VEPFS Federal grants, and this rulemaking date. As stated above, the Secretary is grant funding requirements. Paragraph provides additional guidance and issuing this rule because there is a need (g) requires that the complete conditions for the administration of to find new methods for rehabilitating application contain any additional VEPFS grants in particular. Adherence Veterans with service-connected information VA deems appropriate and to the government-wide rules is disabilities so that they become sets out in the NOFA so that VA can mandatory and compliance with the employable and are able to obtain and tailor the NOFA as necessary. additional rules specific to VEPFS maintain suitable employment. This grants will ensure program integrity rulemaking provides the opportunity for § 21.446 Scoring and Selection. across any VEPFS grants VA awards. In the discovery of new methods for Section 21.446(a) states that VA will addition, timely and accurate reporting rehabilitating Veterans with service- score only complete applications is critical to allow VA to evaluate the connected disabilities with regard to received from eligible entities by the VEPFS program. employment using a strategy that will

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save taxpayer money. However, the Materially alter the budgetary impact of including obtaining a copy of the funding for a grant which would be entitlements, grants, user fees, or loan proposed information collection awarded based on a NOFA to be programs or the rights and obligations of instrument with instructions, should be published concurrently with this recipients thereof; or (4) Raise novel directed to Patrick Littlefield, Director, interim final rule, and which will be legal or policy issues arising out of legal VA Center for Innovation, Department used to fund a project that achieves mandates, the President’s priorities, or of Veterans Affairs, (08), 810 Vermont favorable employment outcomes for the principles set forth in the Executive Ave. NW., Washington, DC, (202) 256– Veterans with a service-connected Order.’’ 7176. We request written comments and disability of post-traumatic stress The economic, interagency, suggestions from the public and affected disorder, is available only in this budgetary, legal, and policy agencies concerning the proposed current fiscal year and must be obligated implications of this regulatory action emergency collection of information. by September 30, 2016, if it is to be used have been examined, and it has been The Department considers comments for such purpose. To provide sufficient determined not to be a significant by the public on proposed collections of time to obligate the funds by September regulatory action under Executive Order information in— 30, 2016, the regulations established by 12866. VA’s impact analysis can be • Evaluating whether the proposed this rulemaking must be in effect by found as a supporting document at collections of information are necessary August 9, 2016. Failure to obligate the http://www.regulations.gov, usually for the proper performance of the funds by September 30, 2016, will cause within 48 hours after the rulemaking functions of the Department, including the funds to expire. document is published. Additionally, a whether the information will have Because this interim final rule will copy of the rulemaking and its impact practical utility; serve an important Veterans’ need in an analysis are available on VA’s Web site • Evaluating the accuracy of the economical way, which would not be at http://www.va.gov/orpm/, by Department’s estimate of the burden of possible if publication were to be following the link for ‘‘VA Regulations the proposed collections of information, delayed, the Secretary finds that it is Published From FY 2004 Through Fiscal including the validity of the impracticable and contrary to the public Year to Date.’’ methodology and assumptions used; interest to delay this rule for the • Paperwork Reduction Act Enhancing the quality, usefulness, purpose of soliciting advance public and clarity of the information to be comment or to have a delayed effective This interim final rule includes collected; and date. Accordingly, VA is issuing this provisions constituting collections of • Minimizing the burden of the rule as an interim final rule with an information under the Paperwork collections of information on those who immediate effective date. We will Reduction Act of 1995 (44 U.S.C. 3501– are to respond, including through the consider and address any comments 3521) that require approval by OMB. use of appropriate automated, received within 60 days of the date this Specifically, sections 21.445, 21.447, electronic, mechanical, or other interim final rule is published in the and 21.448 contain collections of technological collection techniques or Federal Register. information under the Paperwork other forms of information technology, Reduction Act of 1995. VA has Executive Orders 12866 and 13563 e.g., permitting electronic submission of submitted the following information responses. Executive Orders 12866 and 13563 collection request to OMB for review The collections of information direct agencies to assess the costs and and clearance in accordance with the contained in 38 CFR 21.445, 21.447, and benefits of available regulatory emergency review procedures of the 21.448 are described immediately alternatives and, when regulation is Paperwork Reduction Act of 1995. The following this paragraph, under their necessary, to select regulatory proposed information collection is respective titles. approaches that maximize net benefits published to obtain comments from the Title: Grant Applications. (including potential economic, public and affected agencies. An • Summary of collection of environmental, public health and safety emergency approval under the information: The new collection of effects, and other advantages; Paperwork Reduction Act is only valid information in proposed 38 CFR 21.445 distributive impacts; and equity). for 180 days. Comments should be would require applicants to submit a Executive Order 13563 (Improving directed to OMB, Office of Information complete VEPFS grant application. Regulation and Regulatory Review) and Regulatory Affairs, Attention: • Description of need for information emphasizes the importance of Department of Veterans Affairs Desk and proposed use of information: The quantifying both costs and benefits, Officer, Washington, DC 20530, with collection of information is necessary to reducing costs, harmonizing rules, and copies sent by mail or hand delivery to award grants to eligible entities. VA will promoting flexibility. Executive Order the Director, Regulation Policy and use this information to decide whether 12866 (Regulatory Planning and Management (02REG), Department of an applicant meets the requirements Review) defines a ‘‘significant Veterans Affairs, 810 Vermont Avenue and satisfies the scoring criteria for regulatory action’’ requiring review by NW., Room 1068, Washington, DC award of VEPFS grants under 38 U.S.C. OMB, unless OMB waives such review, 20420; fax to (202) 273–9026; email to 3119. as ‘‘any regulatory action that is likely www.Regulations.gov. Comments • Description of likely respondents: to result in a rule that may: (1) Have an should indicate that they are submitted Public and non-profit entities, including annual effect on the economy of $100 in response to ‘‘RIN 2900–AP72.’’ institutions of higher learning, that have million or more or adversely affect in a A regular review of this information an interest in serving Veterans with material way the economy, a sector of collection will also be undertaken and service-connected disabilities. the economy, productivity, competition, announced in a future Federal Register • Estimated number of respondents: jobs, the environment, public health or notice indicating approval of this 25 in FY 2016; 25 in FY 2017; 25 in FY safety, or State, local, or tribal collection of information under the 2018. governments or communities; (2) Create emergency review procedures of the • Estimated frequency of responses: a serious inconsistency or otherwise Paperwork Reduction Act. All This is a one-time collection. interfere with an action taken or comments and suggestions, or questions • Estimated average burden per planned by another agency; (3) regarding additional information, response: 80 hours.

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• Estimated total annual reporting significant economic impact on a Conflict of interests, Education, and recordkeeping burden: 2,000 hours substantial number of small entities as Employment, Grant programs— in FY 2016; 2,000 hours in FY 2017; they are defined in the Regulatory education, Grant programs—veterans, 2,000 hours in 2018. Flexibility Act, 5 U.S.C. 601–612. The Health care, Loan programs—education, Title: Quarterly Fiscal Reports. Secretary estimates that, for any VEPFS Loan programs—veterans, Manpower • Summary of collection of grant program, no more than ten non- training programs, Reporting and information: The new collection of renewable grants will be awarded. For recordkeeping requirements, Schools, information in proposed 38 CFR each grant awarded, usually one of each, Travel and transportation expenses, 21.447(a)(1) and 21.448(a) would but no more than a few, outcomes Veterans, Vocational education, require each recipient to agree in the payors, project coordinators, evaluators, Vocational rehabilitation. grant agreement to submit quarterly investors, and service providers will be For the reasons stated in the reports, which would include detailed involved with the grant program. The preamble, VA amends 38 CFR part 21, records of the time expended and goal of these grants is to rehabilitate employment outcomes accomplished in Veterans with service-connected subpart A as follows: the provision of VEPFS activities, disabilities with regard to employment. PART 21—VOCATIONAL accounting of how the grant funds were Thus, an insubstantial number of small REHABILITATION AND EDUCATION used. entities will be affected by this interim • Description of need for information final rule and, accordingly, there will Subpart A—Vocational Rehabilitation and proposed use of information: The not be a significant economic impact on and Employment Under 38 U.S.C. collection of information is necessary to such affected entities. Therefore, Chapter 31 determine compliance with the pursuant to 5 U.S.C. 605(b), this rule is requirements for a grant. exempt from the initial and final ■ 1. The authority citation for part 21, • Description of likely respondents: regulatory flexibility analysis subpart A, continues to read as follows: Public and non-profit entities, including requirements of sections 603 and 604. institutions of higher learning, that have Authority: 38 U.S.C. 501(a), chs. 18, 31, Unfunded Mandates and as noted in specific sections. an interest in serving Veterans with service-connected disabilities. The Unfunded Mandates Reform Act ■ 2. Add an undesignated center • Estimated number of respondents: 1 of 1995 requires, at 2 U.S.C. 1532, that heading and §§ 21.440 through 21.449 to in FY 2017, up to 10 in FY 2018, up to agencies prepare an assessment of subpart A to read as follows: 10 in FY 2019. anticipated costs and benefits before • Estimated frequency of responses: 4 issuing any rule that may result in the Veterans Employment Pay for Success quarterly reports per year for 5 years. expenditure by State, local, and tribal Grant Program • Estimated average burden per governments, in the aggregate, or by the Sec. response: 1 hour. private sector, of $100 million or more 21.440 Purpose and scope. • Estimated total annual reporting (adjusted annually for inflation) in any 21.441 Definitions. and recordkeeping burden: 4 hours in one year. This interim final rule will 21.442 VEPFS grants—general. FY 2017, 44 hours in FY 2018, 84 hours have no such effect on State, local, and 21.443 Permissible uses of VEPFS grant in FY 2019, 84 hours in 2020, 84 hours tribal governments, or on the private funds. in 2021, 80 hours in 2022, 40 hours in sector. 21.444 Notice of funding availability. 2023. 21.445 Application. The regulatory terms also authorize Catalog of Federal Domestic Assistance 21.446 Scoring and selection. 21.447 VEPFS grant agreement. VA to impose additional recordkeeping The Catalog of Federal Domestic 21.448 Recipient reporting requirements. or reporting requirements as defined in Assistance number and title for the 21.449 Recovery of funds. the Terms and Conditions of the grant program affected by this document is agreement (38 CFR 21.447(a)(2)), request 64.116, Vocational Rehabilitation for § 21.440 Purpose and scope. additional information as defined in the Disabled Veterans. Sections 21.440 through 21.449 Terms and Conditions of the grant Signing Authority establish and implement the Veterans agreement (38 CFR 21.447(a)(3)), and Employment Pay for Success (VEPFS) The Secretary of Veterans Affairs, or request additional reports in the Terms grant program, which provides grants to designee, approved this document and and Conditions of the grant agreement if eligible entities to fund outcomes authorized the undersigned to sign and necessary to fully and effectively assess payments for projects that are successful submit the document to the Office of the program accountability and in accomplishing employment Federal Register for publication effectiveness (38 CFR 21.448(b)). rehabilitation for Veterans with service- electronically as an official document of Because these information collection connected disabilities. These sections the Department of Veterans Affairs. requirements will depend on the terms apply only to the administration of the Robert D. Snyder, Chief of Staff, and conditions of the grant agreement VEPFS grant program, unless Department of Veterans Affairs, for a particular funding opportunity, VA specifically provided otherwise. is not seeking emergency approval for approved this document on July 11, these regulatory provisions at this time. 2016, for publication. (Authority: 38 U.S.C. 501(d), 3119) Rather, VA will more clearly define and Dated: August 3, 2016. § 21.441 Definitions. articulate these potential record-keeping Jeffrey Martin, and reporting requirements when it For the purposes of §§ 21.440 through Office Program Manager, Office of Regulation 21.449, and any Notices of Funding submits the PRA package when it Policy & Management Office of the Secretary, undertakes a regular review of this Department of Veterans Affairs. Availability (NOFA) issued pursuant to collection. §§ 21.440 through 21.449, the following List of Subjects in 38 CFR Part 21 definitions apply: Regulatory Flexibility Act Administrative practice and Applicant is an eligible entity that The Secretary hereby certifies that procedure, Armed forces, Civil rights, submits an application for a VEPFS this interim final rule will not have a Claims, Colleges and universities, grant announced in a NOFA.

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Eligible entity is a public or nonprofit advance of the provision of the Work-plan is a document that agency, to include institutions of higher intervention. articulates tasks and milestones with learning. (iv) Investor. Person or entity that regard to a particular project. Employment outcome is the provides upfront capital to cover costs (Authority: 38 U.S.C. 3119) employment or earnings of a participant of providing services/delivering an in the intervention or control group intervention and other associated costs § 21.442 VEPFS grants—general. member after the service period. before a determination has been made as (a) VA may award a VEPFS grant only Improving employment outcomes to whether certain employment to an eligible entity selected under means creating positive impact in terms outcomes have been achieved at pre-set § 21.446. of these outcomes, where the results for target levels. (b) The amount of Federal funding individuals that receive the intervention (v) Service provider. Entity that available to be awarded in a VEPFS are better than the results for a valid delivers an intervention designed to grant will be specified in the NOFA. control group that did not receive the achieve improved employment (c) A VEPFS grant will be awarded for intervention. outcomes for Veterans with service- a minimum of 5 years and a pre- Intervention is a service or technology connected disabilities. determined maximum number of years, beginning on the date on which the that is provided to individuals and is (2) A full project partnership is a VEPFS grant is awarded, with the intended to achieve certain results. project partnership that includes an availability of no-cost extensions. Outcomes payments are funds that are outcomes payor, evaluator, investor (if (d) As a condition of receiving a paid to an investor or service provider the PFS agreement involves PFS VEPFS grant, a recipient will be and that are released only for the financing), and service provider. A required to provide matching funds achievement of outcomes, as compared partial project partnership includes an from non-Federal sources equal to or to those of a control group, that meet outcomes payor and at least one of the greater than the amount of Federal grant target levels that have been agreed to in following: Evaluator, investor (if the funds awarded, to be combined with the advance of the provision of intervention PFS agreement involves PFS financing), amount of Federal grant funds awarded (i.e., if positive impact has been created or service provider. by the intervention in terms of these and used as specified in § 21.443. Recipient is the entity that receives a (e) A VEPFS grant award is not a outcomes). When investors have VEPFS grant under §§ 21.440 through provided the upfront capital for the Veterans’ benefit. Decisions of the 21.449. The recipient is also the Secretary are final and not subject to the project, these payments generally cover outcomes payor. repayment of the principal investment same appeal rights as decisions related Secretary refers to the Secretary of and provide a modest return on to Veterans’ benefits. Veterans Affairs. investment for any associated risks of (Authority: 38 U.S.C. 3119) paying for the intervention upfront. Service-connected disability is a disability that is ‘‘service-connected’’ as § 21.443 Permissible uses of VEPFS grant Pay for Success (PFS) agreement is a defined in 38 CFR 3.1. funds. multi-party agreement to deliver an (a) VEPFS grant funds may be used innovative or evidence-based Social finance strategy is a method for only to fund outcomes payments if an intervention intended to improve securing financial resources using an intervention achieves outcomes at a pre- outcomes for a targeted population investment approach that focuses on set target level that has been agreed to signed by the entities that constitute the achieving positive social and/or in a PFS agreement before service project partnership. environmental impact with some form delivery begins for a PFS project with a Project partnership is a collaboration of financial return. goal to improve employment outcomes among entities that negotiate an Strong evidence constitutes results for Veterans with service-connected agreement and execute a project to from previous studies, the designs of which can support causal conclusions disabilities. improve employment outcomes for (b) To pay for the indirect costs of Veterans with service-connected (i.e., studies with high internal validity), that include enough of the range of administering a grant, regardless of disabilities. The entities that may be whether an intervention achieves involved in a project partnership participants and settings to support scaling up to the state, regional, or outcomes at a pre-set target level, a include: recipient may: (1)(i) Outcomes payor. Entity that national level (i.e., studies with high external validity). (1) Use a Federally approved indirect receives a VEPFS grant and pays for cost rate (a rate already negotiated with Veteran has the same definition as outcomes of services that meet target the Federal Government); levels that have been agreed to in provided in 38 CFR 3.1. (2) Use a 10% de minimis rate of advance of the provision of the Veterans Employment Pay for Success modified total direct costs; intervention. (VEPFS) agreement is a PFS agreement (3) Negotiate an indirect cost rate for (ii) Project coordinator. Facilitates, to deliver an innovative, evidence-based the first time; or coordinates, and executes a PFS intervention intended to improve (4) Claim certain costs directly agreement to improve employment Veteran employment outcomes. following 2 CFR 200.413. outcomes for Veterans with service- Veterans Employment Pay for Success (Authority: 38 U.S.C. 3119, 2 CFR 200.414) connected disabilities. With respect to (VEPFS) project is a project with a other PFS projects, project coordinators strategy for delivering a service with a § 21.444 Notice of funding availability. are sometimes referred to as goal to significantly improve a current When funds are available for a VEPFS intermediaries. condition with respect to grant, VA will publish a NOFA in the (iii) Evaluator. Independent entity unemployment of a target Veteran Federal Register and on Grants.gov that determines the impact of the population and sufficient evidence to (http://www.grants.gov). The NOFA will services provided, including whether support the theory behind the project identify: the services have resulted in using a financial model that includes (a) The location for obtaining grant employment outcomes that meet target cost savings by funding the project only applications and the specific forms that levels that have been agreed to in if it is successful. will be required;

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(b) The date, time, and place for eligible entities by the deadline agreement will provide that the submitting completed grant established in the NOFA. VA will score recipient agrees, and will ensure that applications; applications using the following criteria: each subcontractor (if applicable) (c) The total amount and type of funds (1) Project description. Applicant agrees, to: available and the maximum amount identifies and describes an intervention (a) Operate the program in accordance available to a single applicant; that is designed to improve employment with the provisions of §§ 21.440 through (d) Information regarding eligibility outcomes for Veterans with service- 21.449, 2 CFR part 200, and the and the scoring process; connected disabilities through a PFS applicant’s VEPFS grant application; (e) Any timeframes and manner for agreement and demonstrates with strong (b) Comply with such other terms and payments under the grant; and evidence the ability of the intervention conditions, including recordkeeping (f) Other information necessary for the to meet objectives. Project description and reports for program monitoring and VEPFS grant application process, as should explain and justify the need for evaluation purposes, as VA may determined by VA, including contact the intervention, and include concept, establish in the Terms and Conditions of information for the VA office that will size and scope of the project, and the the grant agreement for purposes of oversee the VEPFS grant. Veteran population to be served. carrying out the VEPFS program in an (2) Project partnership. Applicant (Authority: 38 U.S.C. 501(d), 3119) effective and efficient manner; and provides a description of the (c) Provide additional information § 21.445 Application. partnership and the level of partnership that VA requests with respect to: To apply for a VEPFS grant, eligible (full, partial, or none) attained at the (1) Program effectiveness, as defined entities must submit to VA a complete time of application. in the Terms and Conditions of the grant (3) Work plan and budget. Applicant application package in accordance with agreement; provides a work plan that describes in the instructions in the NOFA and (2) Compliance with the Terms and detail the timeline for the tasks outlined include the forms specified in the Conditions of the grant agreement; and in the project description and proposed (3) Criteria for evaluation, as defined NOFA. Applications will be accepted milestones. Applicant provides a budget in the Terms and Conditions of the grant only through Grants.gov (http:// that specifies amount of outcome agreement. www.grants.gov). A complete grant payments and indirect and other application package, as further relevant costs. (Authority: 38 U.S.C. 501(d), 3119) described in the NOFA, includes (4) Expertise and capacity. Applicant § 21.448 Recipient reporting requirements. standard forms specified in the NOFA provides evidence of its past experience and the following: with PFS or other social finance (a) Recipients must submit to VA a (a) Project description, including a strategies or experience administering quarterly report 30 days after the close description of the intervention, the programs that serve Veterans with of each Federal fiscal quarter of the Veteran population to be served, and disabilities, and of its ability and grant period. The report must include anticipated employment outcomes; capacity to successfully administer the the following information: (b) Description of anticipated project project. (1) A detailed record of the time partnership(s), including the (5) Match. Applicant provides involved and resources expended responsibilities of each of the partner evidence of secured cash matching (1:1) administering the VEPFS program. entities, the experience of any involved funds or of its ability to secure or (2) The number of Veterans served, entities with serving Veteran commitments to receive such funds. including demographics of this populations, and other qualifications of (b) Selection of recipients. All population. the involved entities that may be complete applications from eligible (3) The types of employment relevant in carrying out responsibilities entities will be scored using the criteria assistance provided. of the project partnership. In procuring in paragraph (a) of this section and (4) A full accounting of VEPFS grant partners such as the project coordinator ranked in order from highest to lowest funds used or unused during the and investor, procurement standards set total score. NOFA announcements may quarter. forth in 2 CFR 200.317 through 200.326 also clarify the selection criteria in (5) A comparison of accomplishments must be followed; paragraph (a). The relative weight (point related to the objectives of the award. (c) A work plan, including a budget value) for each selection criterion will (6) An explanation for any goals not and timelines; be specified in the NOFA. Point values met. (d) Description of applicant’s will be assigned according to the (7) An analysis and explanation for expertise or experience with PFS or criterion’s importance in ensuring the any cost overruns. other social finance strategies or successful development and (b) VA may request additional reports experience administering programs that implementation of a VEPFS project. VA in the Terms and Conditions of the grant serve Veterans with disabilities; will award any VEPFS grant on the agreement if necessary to allow VA to (e) Documentation of applicant’s primary basis of scores but will also fully and effectively assess program ability and capacity to administer the consider a risk assessment evaluation. accountability and effectiveness. project; (Authority: 38 U.S.C. 3119) (Authority: 38 U.S.C. 501(d), 3119, 2 CFR (f) Proof of matching funds already 200.327–200.328) secured, ability to secure matching § 21.447 VEPFS grant agreement. funds, or commitments received; and After an applicant is selected to § 21.449 Recovery of funds. (g) Any additional information as receive a VEPFS grant in accordance If a recipient fails to comply with any deemed appropriate by VA and set forth with § 21.446, VA will draft a grant Federal statutes or regulations or the in the NOFA. agreement to be executed by VA and the terms and conditions of an award made (Authority: 38 U.S.C. 3119) applicant. Upon execution of the VEPFS under §§ 21.440 through 21.449, VA grant agreement, VA will obligate grant may impose additional conditions as § 21.446 Scoring and selection. funds to cover the amount of the specified in 2 CFR 200.207 or, if non- (a) Scoring. VA will score only approved grant, subject to the compliance cannot be remedied, take complete applications received from availability of funding. The VEPFS grant any appropriate actions specified in 2

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CFR part 200 as remedies for non- and the separate document describing specified for judicial review) and if such compliance. the full basis for this action are available objection is of central relevance to the (Authority: 38 U.S.C. 501(d), 3119, 2 CFR in the docket the EPA established under outcome of the rule.’’ The requirement 200.338 through 200.342) Docket ID No. EPA–HQ–OAR–2010– to convene a proceeding to reconsider a 0505. In addition, following signature, rule is, thus, based on the petitioner [FR Doc. 2016–18721 Filed 8–9–16; 8:45 am] an electronic copy of this final action demonstrating to the EPA both: (1) That BILLING CODE 8320–01–P and the document will be available on it was impracticable to raise the the World Wide Web (WWW) at the objection during the comment period, or following address: https:// that the grounds for such objection arose ENVIRONMENTAL PROTECTION www3.epa.gov/airquality/oilandgas/ after the comment period, but within AGENCY actions.html. the time specified for judicial review 40 CFR Part 60 II. Judicial Review (i.e., within 60 days after publication of the final rulemaking notice in the [EPA–HQ–OAR–2010–0505; FRL–9950–34– Section 307(b)(1) of the Clean Air Act Federal Register, see CAA section OAR] (CAA) specifies which Federal Courts of 307(b)(1)); and (2) that the objection is Appeal have venue over petitions for of central relevance to the outcome of Reconsideration of the Oil and Natural review of final EPA actions. This section the rule. Gas Sector: New Source Performance provides, in part, that ‘‘a petition for The EPA received 18 petitions for Standards; Final Action review of action of the Administrator in reconsideration of the new source promulgating . . . any standard of AGENCY: Environmental Protection performance standards and subsequent Agency (EPA). performance or requirement under amendments from the following 13 section [111] of [the CAA],’’ or any other ACTION: organizations or groups of organizations: Denial of petitions for ‘‘nationally applicable’’ final action, • reconsideration. ‘‘may be filed only in the United States America’s Natural Gas Alliance and the Court of Appeals for the District of American Exploration and Production SUMMARY: The U.S. Environmental Council (ANGA & AXPC) Protection Agency (EPA) is providing Columbia.’’ • American Petroleum Institute (API) (3 notice that it has responded to 11 The EPA has determined that its petitions) petitions for reconsideration of the final action denying the petitions for • California Communities Against Toxics, rule titled ‘‘Oil and Natural Gas Sector: reconsideration is nationally applicable California Safe Schools, Clean Air Council, New Source Performance Standards and for purposes of CAA section 307(b)(1) Coalition For A Safe Environment, Desert National Emission Standards for because the action directly affects the Citizens Against Pollution, Natural Resources Hazardous Air Pollutants Reviews,’’ Oil and Natural Gas Sector: New Source Defense Council, and the Sierra Club Performance Standards and National (Earthjustice) published in the Federal Register on • Clean Air Council, Clean Air Task Force, August 16, 2012, and seven petitions for Emission Standards for Hazardous Air Pollutants Reviews, which are Environmental Defense Fund, Group Against reconsideration of subsequent Smog and Pollution, the Natural Resources amendments published in the Federal nationally applicable CAA section 111 Defense Council, and the Sierra Club Register on September 23, 2013, and standards. Thus, any petitions for • Gas Processors Association (GPA) (2 December 31, 2014. The agency review of the EPA’s decision to deny petitions) previously granted reconsideration of petitioners’ requests for reconsideration • Independent Petroleum Association of several discrete issues and took final must be filed in the United States Court America, Independent Oil and Gas action on reconsideration through of Appeals for the District of Columbia Association of West Virginia, Inc., Kentucky Circuit by October 11, 2016. Oil & Gas Association, Inc., Indiana Oil and documents published in the Federal Gas Association, Pennsylvania Independent Register on September 23, 2013, III. Description of Action Oil & Gas Association, Ohio Oil and Gas December 31, 2014, August 12, 2015, On August 16, 2012, pursuant to CAA Association, Illinois Oil & Gas Association and June 3, 2016. The Administrator • section 111(b) of the CAA, the EPA Interstate Natural Gas Association of denied the remaining requests for America published the final rule titled ‘‘Oil and reconsideration in separate letters to the • M-Squared Products & Services, Inc. (M- Natural Gas Sector: New Source petitioners. The basis for the EPA’s Squared) Performance Standards and National • action is set out fully in a separate REM Technology Inc. Emission Standards for Hazardous Air • document available in the rulemaking Texas Commission On Environmental Pollutants Reviews.’’ 77 FR 49490. The Quality (TCEQ) docket. EPA published subsequent amendments • Texas Oil & Gas Association (TXOGA) (2 DATES: Effective August 10, 2016. to the rule on September 23, 2013 (78 petitions) • FOR FURTHER INFORMATION CONTACT: Ms. Texas Pipeline Association FR 58416), and December 31, 2014 (79 • Lisa Thompson, Sector Policies and FR 79018). Following publication of Western Energy Alliance (WEA) (2 petitions) Programs Division (E143–05), Office of these final rules, the Administrator Air Quality Planning and Standards, received petitions for reconsideration of The EPA previously granted Environmental Protection Agency, certain provisions of the final rules reconsideration of all issues in seven of Research Triangle Park, North Carolina pursuant to CAA section 307(d)(7)(B). the petitions and on several discrete 27711; telephone number: (919) 541– CAA section 307(d)(7)(B) requires the issues contained in some of the other 9775; fax number: (919) 541–3470; EPA to convene a proceeding for petitions it received and took final email address: [email protected]. reconsideration of a rule if a party action on reconsideration through SUPPLEMENTARY INFORMATION: raising an objection to the rule ‘‘can documents published in the Federal demonstrate to the Administrator that it Register on September 23, 2013, I. Where can I get a copy of this was impracticable to raise such December 31, 2014, August 12, 2015, document and other related objection within [the public comment and June 3, 2016. The EPA has now information? period] or if the grounds for such denied the issues in the remaining 11 A copy of this Federal Register objection arose after the period for petitions as not satisfying one or both of notice, the petitions for reconsideration, public comment (but within the time the statutory conditions for compelled

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reconsideration. We discuss each of the Bering Sea and Aleutian Islands amounts at § 679.20(e) and (f) apply at petitions we are denying and the basis management area (BSAI) by vessels any time during a trip. for those denials in a separate document participating in the BSAI trawl limited titled ‘‘Denial of Petitions for access fishery. This action is necessary Classification Reconsideration of Certain Issues: Oil to prevent exceeding the 2016 total This action responds to the best and Natural Gas New Source allowable catch (TAC) of Pacific ocean available information recently obtained Performance Standards (40 CFR part 60, perch in this area allocated to vessels from the fishery. The Assistant subpart OOOO).’’ For reasons set out in participating in the BSAI trawl limited Administrator for Fisheries, NOAA, the document, the remaining issues access fishery. (AA) finds good cause to waive the raised in petitions for review from DATES: Effective 1200 hrs, Alaska local ANGA & AXPC, API, Earthjustice, GPA, requirement to provide prior notice and time (A.l.t.), August 5, 2016, through opportunity for public comment M-Squared, TCEQ, TXOGA, and WEA 2400 hrs, A.l.t., December 31, 2016. are denied.1 pursuant to the authority set forth at 5 FOR FURTHER INFORMATION CONTACT: U.S.C. 553(b)(B) as such a requirement Dated: July 29, 2016. Steve Whitney, 907–586–7228. is impracticable and contrary to the Gina McCarthy, SUPPLEMENTARY INFORMATION: NMFS public interest. This requirement is Administrator. manages the groundfish fishery in the impracticable and contrary to the public [FR Doc. 2016–19029 Filed 8–9–16; 8:45 am] BSAI exclusive economic zone interest as it would prevent NMFS from BILLING CODE 6560–50–P according to the Fishery Management responding to the most recent fisheries Plan for Groundfish of the Bering Sea data in a timely fashion and would and Aleutian Islands Management Area delay the closure of the Pacific ocean DEPARTMENT OF COMMERCE (FMP) prepared by the North Pacific perch directed fishery in the WAI for Fishery Management Council under vessels participating in the BSAI trawl National Oceanic and Atmospheric authority of the Magnuson-Stevens limited access fishery. NMFS was Administration Fishery Conservation and Management unable to publish a notice providing Act. Regulations governing fishing by 50 CFR Part 679 time for public comment because the U.S. vessels in accordance with the FMP most recent, relevant data only became [Docket No. 150916863–6211–02] appear at subpart H of 50 CFR part 600 available as of August 4, 2016. The AA and 50 CFR part 679. RIN 0648–XE795 also finds good cause to waive the 30- The 2016 TAC of Pacific ocean perch, day delay in the effective date of this Fisheries of the Exclusive Economic in the WAI, allocated to vessels action under 5 U.S.C. 553(d)(3). This Zone Off Alaska; Pacific Ocean Perch participating in the BSAI trawl limited finding is based upon the reasons in the Bering Sea and Aleutian Islands access fishery was established as a provided above for waiver of prior Management Area directed fishing allowance of 161 metric notice and opportunity for public tons by the final 2016 and 2017 harvest comment. AGENCY: National Marine Fisheries specifications for groundfish in the Service (NMFS), National Oceanic and BSAI (81 FR 14773, March 18, 2016). This action is required by § 679.20 Atmospheric Administration (NOAA), In accordance with § 679.20(d)(1)(iii), and is exempt from review under Commerce. the Regional Administrator finds that Executive Order 12866. ACTION: Temporary rule; closure. this directed fishing allowance has been Authority: 16 U.S.C. 1801 et seq. reached. Consequently, NMFS is SUMMARY: NMFS is prohibiting directed Dated: August 5, 2016. prohibiting directed fishing for Pacific fishing for Pacific ocean perch in the ocean perch in the WAI by vessels Emily H. Menashes, Western Aleutian district (WAI) of the participating in the BSAI trawl limited Acting Director, Office of Sustainable access fishery. Fisheries, National Marine Fisheries Service. 1 The Administrator is also sending an individual [FR Doc. 2016–19000 Filed 8–5–16; 4:15 pm] letter to each of the petitioners announcing her After the effective dates of this decision on their petitions. closure, the maximum retainable BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 81, No. 154

Wednesday, August 10, 2016

This section of the FEDERAL REGISTER I. Comment Period Extension FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). contains notices to the public of the proposed The Commission published a notice In particular, do not include issuance of rules and regulations. The competitively sensitive information purpose of these notices is to give interested on June 6, 2016 seeking public comment on proposed revisions to the Guide (81 such as costs, sales statistics, persons an opportunity to participate in the inventories, formulas, patterns, devices, rule making prior to the adoption of the final FR 36216). The Notice set August 8, rules. 2016 as the deadline for filing manufacturing processes, or customer comments. On July 28, 2016, the Center names. If you want the Commission to give for Auto Safety and the Consumer your comment confidential treatment, FEDERAL TRADE COMMISSION Federation of America requested a 30- you must file it in paper form, with a day extension to the comment period to request for confidential treatment, and 16 CFR Part 259 allow the completion of consumer you have to follow the procedure research to enhance the record in this Guide Concerning Fuel Economy explained in FTC Rule 4.9(c), 16 CFR proceeding. Advertising for New Automobiles 1 The Commission agrees that allowing 4.9(c). Your comment will be kept additional time for filing comments confidential only if the FTC General AGENCY: Federal Trade Commission Counsel grants your request in would help facilitate a more complete (‘‘FTC’’ or ‘‘Commission’’). accordance with the law and the public record. Moreover, this extension would ACTION: Extension of deadline for interest. submission of public comments. not harm consumers because the current Postal mail addressed to the Guide will remain in effect during the Commission is subject to delay due to SUMMARY: The FTC is extending the review process. Therefore, the heightened security screening. As a deadline for filing public comments on Commission has decided to extend the result, we encourage you to submit your its recent notice seeking comment on comment period to September 7, 2016. comments online. To make sure that the proposed revisions to the Guide II. Request for Comment Commission considers your online Concerning Fuel Economy Advertising You can file a comment online or on comment, you must file it at https:// for New Automobiles (‘‘Fuel Economy ftcpublic.commentworks.com/ftc/ paper. For the Commission to consider Guide’’ or ‘‘Guide’’). fueleconomyrevisions, by following the your comment, we must receive it on or DATES: Comments must be received on instructions on the web-based form. If before September 7, 2016. Write ‘‘Fuel or before September 7, 2016. this Notice appears at http:// Economy Guide Amendments, ADDRESSES: www.regulations.gov, you also may file Interested parties may file a R711008’’ on your comment. Your comment online or on paper by a comment through that Web site. comment—including your name and If you prefer to file your comment on following the instructions in the your state—will be placed on the public Request for Comment part of the paper, write ‘‘Fuel Economy Guide record of this proceeding, including, to Amendments, R711008’’ on your SUPPLEMENTARY INFORMATION section the extent practicable, on the public below. Write ‘‘Fuel Economy Guide comment and on the envelope, and mail Commission Web site, at http:// your comment to the following address: Amendments, R711008’’ on your www.ftc.gov/os/publiccomments.shtm. comment, and file your comment online Federal Trade Commission, Office of the As a matter of discretion, the Secretary, 600 Pennsylvania Avenue at https://ftcpublic.commentworks.com/ Commission tries to remove individuals’ ftc/fueleconomyamendments by NW., Suite CC–5610 (Annex B), home contact information from Washington, DC 20580, or deliver your following the instructions on the web- comments before placing them on the based form. If you prefer to file your comment to the following address: Commission Web site. Federal Trade Commission, Office of the comment on paper, write ‘‘Fuel Because your comment will be made Economy Guide Amendments, Secretary, Constitution Center, 400 7th public, you are solely responsible for Street SW., 5th Floor, Suite 5610 R711008’’ on your comment and on the making sure that your comment does envelope, and mail your comment to the (Annex B), Washington, DC 20024. not include any sensitive personal Visit the Commission Web site at following address: Federal Trade information, such as anyone’s Social Commission, Office of the Secretary, http://www.ftc.gov to read this Notice Security number, date of birth, driver’s and the News Release describing this 600 Pennsylvania Avenue NW., Suite license number or other state CC–5610 (Annex B), Washington, DC proceeding. The FTC Act and other laws identification number or foreign country that the Commission administers permit 20580, or deliver your comment to the equivalent, passport number, financial following address: Federal Trade the collection of public comments to account number, or credit or debit card consider and use in this proceeding, as Commission, Office of the Secretary, number. You are also solely responsible Constitution Center, 400 7th Street SW., appropriate. The Commission will for making sure that your comment does consider all timely and responsive 5th Floor, Suite 5610 (Annex B), not include any sensitive health Washington, DC 20024. public comments that it receives on or information, such as medical records or before September 7, 2016. You can find FOR FURTHER INFORMATION CONTACT: other individually identifiable health more information, including routine Hampton Newsome, (202) 326–2889, information. In addition, do not include Attorney, Division of Enforcement, any ‘‘[t]rade secret or any commercial or 1 In particular, the written request for confidential Bureau of Consumer Protection, Federal financial information which is obtained treatment that accompanies the comment must Trade Commission, 600 Pennsylvania from any person and which is privileged include the factual and legal basis for the request, and must identify the specific portions of the Avenue NW., Washington, DC 20580. or confidential,’’ as provided in Section comment to be withheld from the public record. See SUPPLEMENTARY INFORMATION: 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.9(c), 16 CFR 4.9(c).

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uses permitted by the Privacy Act, in G Street NW., Washington, DC 20314– Rivers and Harbors Act of 1917 (40 Stat. the Commission’s privacy policy, at 1000. 266; 33 U.S.C. 1) and Chapter XIX of the http://www.ftc.gov/ftc/privacy.htm. Hand Delivery/Courier: Due to Army Appropriations Act of 1919 (40 By direction of the Commission. security requirements, we cannot Stat. 892; 33 U.S.C. 3), the Corps receive comments by hand delivery or Donald S. Clark, proposes to amend the restricted area courier. regulations at 33 CFR part 334 by Secretary. Instructions: Direct your comments to [FR Doc. 2016–18973 Filed 8–9–16; 8:45 am] amending § 334.815 to expand the docket number COE–2016–0005. All previously established restricted area in BILLING CODE 6750–01–P comments received will be included in the Menominee River, at the Marinette the public docket without change and Marine Corporation Shipyard, may be made available on-line at http:// DEPARTMENT OF DEFENSE www.regulations.gov, including any Marinette, Wisconsin. The amendment personal information provided, unless would also add a provision of Department of the Army, Corps of the commenter indicates that the disestablishment whereby the restricted Engineers comment includes information claimed area would be disestablished by no later to be Confidential Business Information than November 17, 2025. By 33 CFR Part 334 (CBI) or other information whose correspondence dated October 29, 2015, disclosure is restricted by statute. Do the Department of the Navy, has United States Navy Restricted Area, not submit information that you requested the Corps of Engineers to Menominee River, Marinette Marine consider to be CBI, or otherwise amend this restricted area. Corporation Shipyard, Marinette, protected, through regulations.gov or Wisconsin Pursuant to Section 14 of the Rivers email. The regulations.gov Web site is and Harbors Act of 1899, 33 U.S.C. 408 AGENCY: United States Army Corps of an anonymous access system, which (Section 408), and in accordance with Engineers, DoD. means we will not know your identity Engineer Circular (EC) 1165–2–216, the ACTION: Notice of proposed rulemaking. or contact information unless you Corps has granted approval for a ten- provide it in the body of your comment. year occupancy within a portion of the SUMMARY: The U.S. Army Corps of If you send an email directly to the federal navigation channel. The Engineers published a document in the Corps without going through proposed amendment would include a Federal Register on May 24, 2011, regulations.gov, your email address will provision for disestablishment of the amending its regulations to establish a be automatically captured and included restricted area in the Menominee River as part of the comment that is placed in restricted area no later than ten years at the Marinette Marine Corporation the public docket and made available on from the date of the Section 408 Shipyard in Marinette, Wisconsin. The the Internet. If you submit an electronic approval. Corps published correcting amendments comment, we recommend that you Procedural Requirements in the Federal Register on April 4, 2012, include your name and other contact which corrected latitude and longitude information in the body of your a. Review Under Executive Order 12866 coordinates and also revised comment and with any disk or CD–ROM This proposed rule is issued with administrative and enforcement you submit. If we cannot read your responsibilities. The Corps is proposing comment because of technical respect to a military function of the to further amend these regulations to difficulties and cannot contact you for Defense Department and the provisions expand the existing restricted area to clarification, we may not be able to of Executive Order 12866 do not apply. provide additional area of protection consider your comment. Electronic b. Review Under the Regulatory during the construction and launching comments should avoid the use of any Flexibility Act of Littoral Combat Ships. The proposed special characters, any form of expansion would result in temporary encryption, and be free of any defects or The proposed rule has been reviewed encroachment within the Menominee viruses. under the Regulatory Flexibility Act River Federal Navigation Channel. The Docket: For access to the docket to (Pub. L. 96–354) which requires the regulations are necessary to provide read background documents or preparation of a regulatory flexibility adequate protection of U.S. Navy comments received, go to analysis for any regulation that will combat vessels, their materials, www.regulations.gov. All documents in have a significant economic impact on equipment to be installed therein, and the docket are listed. Although listed in a substantial number of small entities crew, while located at the Marinette the index, some information is not (i.e., small businesses and small Marine Corporation Shipyard. publicly available, such as CBI or other governments). The restricted area is DATES: Written comments must be information whose disclosure is necessary for security of this shipyard. restricted by statute. Certain other submitted on or before September 9, Small entities can utilize navigable material, such as copyrighted material, 2016. waters outside of the restricted area is not placed on the Internet and will be ADDRESSES: You may submit comments, publicly available only in hard copy when the restricted area is activated. identified by docket number COE– form. Unless information is obtained to the 2016–0005, by any of the following contrary during the public notice methods: FOR FURTHER INFORMATION CONTACT: Mr. comment period, the Corps expects that Federal eRulemaking Portal: http:// David Olson, Headquarters, Operations the economic impact of this restricted www.regulations.gov . Follow the and Regulatory Community of Practice, area would have practically no impact Washington, DC at (202) 761–4922, or instructions for submitting comments. on the public, no anticipated Mr. Ryan J. Huber, St. Paul District, Email: [email protected]. navigational hazard or interference with Include the docket number, COE–2016– Corps of Engineers, Regulatory Branch, at (651) 290–5859. existing waterway traffic. This proposed 0005, in the subject line of the message. rule if adopted, will have no significant Mail: U.S. Army Corps of Engineers, SUPPLEMENTARY INFORMATION: Pursuant economic impact on small entities. ATTN: CECW–CO (David B. Olson), 441 to its authorities in Section 7 of the

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c. Review Under the National latitude 45°06′03.78″ N., longitude regulations further to effect the Judges’ Environmental Policy Act 87°37′16.40″ W.; thence southerly to stated intent. The Judges’ hereby latitude 45°06′2.80″ N., longitude publish the proposed amendment and A preliminary draft environmental ° ′ ″ assessment has been prepared for this 87 37 16.56 W.; thence easterly along request comments to the proposed rule. action. Due to the administrative nature the Marinette Marine Corporation pier DATES: Comments are due no later than of this action and because the intended to the point of origin. The restricted area September 9, 2016. change will only expand the existing will be marked by a lighted and signed ADDRESSES: This notice and request is restricted area by approximately 1.4 floating buoy line. also posted on the agency’s Web site acres for a ten year period, the Corps (b) The regulation. All persons, (www.loc.gov/crb) and on expects that this regulation, if adopted, swimmers, vessels and other craft, Regulations.gov (www.regulations.gov). will not have a significant impact to the except those vessels under the Submit electronic comments to crb@ quality of the human environment and, supervision or contract to local military loc.gov. See the SUPPLEMENTARY therefore, preparation of an or Naval authority, vessels of the United INFORMATION section below for environmental impact statement will States Coast Guard, and local or state instructions on submitting comments in not be required. The environmental law enforcement vessels, are prohibited other formats. assessment will be finalized after the from entering the restricted area when FOR FURTHER INFORMATION CONTACT: public notice period is closed and all marked by signed floating buoy line Kimberly Whittle at (202) 707–7658 or comments have been received and without permission from the Supervisor at [email protected]. of Shipbuilding, Conversion and Repair, considered. It may be reviewed at the SUPPLEMENTARY INFORMATION: District office listed at the end of the USN, Bath, ME or his/her authorized representative. Introduction FOR FURTHER INFORMATION CONTACT, above. (c) Enforcement. The regulation in The Copyright Royalty Judges (Judges) this section shall be enforced by the published a technical amendment to a d. Unfunded Mandates Act Supervisor of Shipbuilding, Conversion final rule in the Federal Register to This proposed rule does not impose and Repair, USN, Bath, ME and/or such clarify that the reporting requirements an enforceable duty among the private agencies or persons as he/she may in Part 370 that applied to ‘‘Minimum sector and, therefore, it is not a Federal designate. Fee Broadcasters’’ now apply to the private section mandate and it is not (d) Disestablishment of restricted more inclusive group, ‘‘Eligible subject to the requirements of either area. The restricted area will be Minimum Fee Webcasters.’’ 1 81 FR section 202 or Section 205 of the disestablished not later than November 40190 (Jun. 21, 2016) (emphasis added). Unfunded Mandates Act. We have also 17, 2025, unless written application for The Judges added the new term found under Section 203 of the Act, that its continuance is made to and approved ‘‘Eligible Minimum Fee Webcaster’’ to small governments will not be by the Secretary of the Army prior to the definition section of 37 CFR 370.4. significantly and uniquely affected by that date. They also removed the ‘‘Minimum Fee this rulemaking. Dated: August 3, 2016. Approved: Broadcaster’’ definition, which they deemed to be no longer necessary List of Subjects in 33 CFR Part 334 Edward E. Belk, Jr., Chief, Operations and Regulatory Division, because the new definition of ‘‘Eligible Danger zones, Marine safety, Directorate of Civil Works. Minimum Fee Webcasters’’ was Navigation (water), Restricted areas, [FR Doc. 2016–19023 Filed 8–9–16; 8:45 am] intended to include the entities that Waterways. BILLING CODE 3720–58–P qualified under the prior definition of For the reasons stated in the ‘‘Minimum Fee Broadcasters.’’ preamble, the Corps proposes to amend By adding the new term ‘‘Eligible Minimum Fee Webcasters,’’ the Judges 33 CFR part 334, as follows: LIBRARY OF CONGRESS intended to expand relaxed reporting PART 334—DANGER ZONE AND Copyright Royalty Board requirements then available to RESTRICTED AREA REGULATIONS Minimum Fee Broadcasters to certain 37 CFR Part 370 nonprofit educational webcasters that ■ 1. The authority citation for 33 CFR had previously been denied those part 334 continues to read as follows: [Docket No. RM 2008–7] expanded relaxed reporting Authority: 40 Stat. 266 (33 U.S.C. 1) and requirements. Notice and Recordkeeping for Use of On June 21, 2016, the Judges received 40 Stat. 892 (33 U.S.C. 3). Sound Recordings Under Statutory ■ a Joint Petition of the National 2. Revise § 334.815 to read as follows: License; Technical Amendment Association of Broadcasters and the § 334.815, Menominee River, at the AGENCY: Copyright Royalty Board, National Religious Broadcasters Marinette Marine Corporation Shipyard, Library of Congress. Noncommercial Music License Marinette, Wisconsin; naval restricted area. Committee to Amend Final Rule ACTION: Proposed rule. (a) The area. The waters adjacent to Regarding Reporting Requirements Marinette Marine Corporation’s pier SUMMARY: On June 21, 2016, the (Joint Motion). The moving parties defined by a rectangular shape on the Copyright Royalty Judges (Judges) contended that by removing the south side of the river beginning on published in the Federal Register a definition of ‘‘Minimum Fee shore at the eastern property line of technical amendment to regulations that Broadcaster,’’ the Judges had failed to Marinette Marine Corporation at govern reporting requirements for effect their intent. The moving parties latitude 45°05′55.87″ N., longitude noncommercial educational webcasters requested that the Judges reinstate the 087°36′55.61″ W.; thence northerly to that pay no more than the minimum fee latitude 45°05′59.72″ N., longitude for their use of sound recordings under 1 The Judges used the term ‘‘webcaster’’ 087°36′55.61″ W.; thence westerly to the applicable statutory licenses. advisedly, as stations do not report or pay royalties ° ′ ″ for broadcasting over the air. They only pay for the latitude 45 06 03.22 N., longitude Subsequently, interested parties rights to stream sound recordings over the Internet, 87°37′09.75″ W.; thence westerly to petitioned the Judges to amend the or ‘‘webcast.’’

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definition of ‘‘broadcaster’’ as ‘‘an entity Proposed Regulations DEPARTMENT OF HEALTH AND that owns and operates a terrestrial AM HUMAN SERVICES or FM radio station that is licensed by In consideration of the foregoing, the the Federal Communications Copyright Royalty Judges propose to Centers for Medicare & Medicaid Commission.’’ Absent this amendment, amend 37 CFR part 370 as follows: Services the petitioners contended that PART 370—NOTICE AND 42 CFR Parts 405, 410, 411, 414, 417, noncommercial minimum fee RECORDKEEPING REQUIREMENTS 422, 423, 424, 425, and 460 broadcasters that were not educational FOR STATUTORY LICENSES webcasters were excluded from the new [CMS–1654–CN] definition of ‘‘Eligible Minimum Fee ■ 1. The authority citation for part 370 Webcaster.’’ RIN 0938–AS81 continues to read as follows: The Judges find that the regulation, as amended on June 21, 2016, defines the Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A). Medicare Program; Revisions to new term ‘‘Eligible Minimum Fee Payment Policies Under the Physician ■ 2. In § 370.4, in paragraph (b), revise Webcaster’’ too narrowly and therefore Fee Schedule and Other Revisions to the definition of ‘‘Eligible Minimum Fee arguably excludes noncommercial Part B for CY 2017; Medicare Webcaster’’ to read as follows: minimum fee broadcasters, a category Advantage Pricing Data Release; that the Judges had intended to include. § 370.4 Reports of use of sound Medicare Advantage and Part D The Judges shall treat the Joint Motion recordings under statutory license for Medical Low Ratio Data Release; as a petition for rulemaking and now nonsubscription transmission services, Medicare Advantage Provider Network propose to make the necessary changes preexisting satellite digital audio radio Requirements; Expansion of Medicare to include minimum fee noncommercial services, new subscription services and Diabetes Prevention Program Model; broadcasters in the definition of business establishment services. Correction * * * * * ‘‘Eligible Minimum Fee Webcasters.’’ AGENCY: Centers for Medicare & That inclusion shall ensure that (b) * * * Medicaid Services (CMS), HHS. noncommercial minimum fee Eligible Minimum Fee Webcaster ACTION: Proposed rule; correction. broadcasters qualify fully for the relaxed means a nonsubscription transmission reporting requirements in part 370. service whose payments for eligible SUMMARY: This document corrects a How To Submit Comments transmissions do not exceed the annual technical error in the proposed rule that minimum fee established for licensees appeared in the July 15, 2016 Federal Interested parties must submit relying upon the statutory licenses set Register (81 FR 46162–46476) entitled, comments to only one of the following forth in 17 U.S.C. 112(e) and 114; and: ‘‘Medicare Program; Revisions to addresses. Unless responding by email, Payment Policies under the Physician (i) Is a Licensee that owns and claimants must submit an original, five Fee Schedule and Other Revisions to operates a terrestrial AM or FM radio paper copies, and an electronic version Part B for CY 2017; Medicare Advantage station that is licensed by the Federal on a CD or other portable memory Pricing Data Release; Medicare Communications Commission; or device in Portable Document Format Advantage and Part D Medical Low (PDF) that contains searchable, (ii) Is directly operated by, or Ratio Data Release; Medicare Advantage accessible text (not a scanned image of affiliated with and officially sanctioned Provider Network Requirements; text). Commenters should conform all by, a domestically accredited primary or Expansion of Medicare Diabetes filed electronic documents to the secondary school, college, university, or Prevention Program Model.’’ Judges’ Guidelines for Electronic other post-secondary degree-granting DATES: The proposed rule published institution; and Documents posted on the Copyright July 15, 2016 (81 FR 46162–46476) is Royalty Board Web site at http:// (A) The digital audio transmission corrected as of August 9, 2016. www.loc.gov/crb/docs/Guidelines_for_ operations of which are, during the FOR FURTHER INFORMATION CONTACT: Electronic_Documents.pdf. Email: crb@ course of the year, staffed substantially Terri Plumb, (410) 786–4481, Gaysha loc.gov; or by students enrolled in such institution; U.S. mail: Copyright Royalty Board, Brooks, (410) 786–9649, or Annette (B) Is exempt from taxation under P.O. Box 70977, Washington, DC 20024– Brewer (410) 786–6580. section 501 of the Internal Revenue 0977; or SUPPLEMENTARY INFORMATION: Code, has applied for such exemption, Overnight service (only USPS Express I. Background Mail is acceptable): Copyright Royalty or is operated by a State or possession Board, P.O. Box 70977, Washington, DC or any governmental entity or In FR Doc. 2016–16097 (81 FR 46162), 20024–0977; or subordinate thereof, or by the United the proposed rule entitled, ‘‘Medicare Commercial courier: Address package States or District of Columbia, for Program; Revisions to Payment Policies to: Copyright Royalty Board, Library of exclusively public purposes; and under the Physician Fee Schedule and Congress, James Madison Memorial (C) Is not a ‘‘public broadcasting Other Revisions to Part B for CY 2017; Building, LM–403, 101 Independence entity’’ (as defined in 17 U.S.C. 118(f)) Medicare Advantage Pricing Data Avenue SE., Washington, DC 20559– qualified to receive funding from the Release; Medicare Advantage and Part D 6000. Deliver to: Congressional Courier Corporation for Public Broadcasting Medical Low Ratio Data Release; Acceptance Site, 2nd Street NE., and D pursuant to the criteria set forth in 47 Medicare Advantage Provider Network Street NE., Washington, DC; or U.S.C. 396 Requirements; Expansion of Medicare Hand delivery: Library of Congress, * * * * * Diabetes Prevention Program Model’’ James Madison Memorial Building, LM– (referred to hereafter as the ‘‘CY 2017 Dated: July 28, 2016. 401, 101 Independence Avenue SE., PFS proposed rule,’’) there was a Washington, DC 20559–6000. Suzanne M. Barnett, technical error that is identified and Chief Copyright Royalty Judge. corrected in this correcting document. List of Subjects in 37 CFR 370 [FR Doc. 2016–19097 Filed 8–8–16; 11:15 am] The correction is applicable as of Copyright, Sound recordings. BILLING CODE 1410–72–P August 9, 2016.

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II. Summary of Errors in the Preamble to waive such requirements. This subsequent adjustment in Phase III, On page 46457 of the CY 2017 PFS Undertaking further notice and referred to as the make-whole proposed rule, we inadvertently stated comment procedures to incorporate the adjustment, produces a step function that comments related to information corrections in this document into the and does not appropriately reflect collection requirements were due CY 2017 PFS proposed rule or delaying operating costs and economies of scale. September 13, 2016. However, on page the effective date of the corrections To better address this problem and 46162, in the DATES section of the rule, would be contrary to the public interest related issues, the Board is now we state that comments are due ‘‘no because it is in the public interest to proposing to modify certain inputs into later than 5 p.m. on September 6, 2016.’’ ensure that the rule accurately reflects Phase II of URCS and to modify certain Accordingly, we are correcting the date the public comment period. Further, cost calculations in Phase III of URCS in on page 46457 to align with the DATES such procedures would be unnecessary, order to eliminate the make-whole section of the rule on page 46162. because we are not making any adjustment. The Board is also proposing substantive revision to the proposed certain other related changes to URCS, III. Waiver of Proposed Rulemaking rule, but rather, we are simply including proposals for locomotive unit- and Delay in Effective Date correcting the Federal Register miles (LUM) and train miles allocations, Under 5 U.S.C. 553(b) of the document to reflect the correct date by which would result in more appropriate Administrative Procedure Act (APA), which public comments must be rail movement costs. the agency is required to publish a received in order to assure their DATES: Comments are due by October notice of the proposed rule in the consideration for the final rule. For 11, 2016; replies are due by November Federal Register and provide a period these reasons, we believe there is good 7, 2016. cause to waive the requirements for for public comment before the ADDRESSES: Comments may be provisions of a rule take effect. In notice and comment and delay in effective date. submitted either via the Board’s e-filing addition, section 553(d) of the APA format or in the traditional paper mandates a 30-day delay in effective IV. Correction of Errors format. Any person using e-filing should date after issuance or publication of a attach a document and otherwise rule. Sections 553(b)(B) and 553(d)(3) of In FR Doc. 2016–16097 (81 FR 46162), published July 15, 2016, on page 46457, comply with the instructions at the ‘‘E- the APA provide for exceptions from the Filing’’ link on the Board’s Web site, at APA notice and comment, and delay in in the first column, in the third paragraph, line 2, the phrase http://www.stb.dot.gov. Any person effective date requirements. Section submitting a filing in the traditional 553(b)(B) of the APA authorizes an ‘‘September 13, 2016’’ is corrected to read ‘‘September 6, 2016’’. paper format should send an original agency to dispense with normal notice and 10 copies to: Surface Transportation and comment rulemaking procedures Dated: August 3, 2016. Board, Attn: Docket No. EP 431 (Sub- for good cause if the agency makes a Madhura Valverde, No. 4), 395 E Street SW., Washington, finding that the notice and comment Executive Secretary to the Department, DC 20423–0001. process is impracticable, unnecessary, Department of Health and Human Services. FOR FURTHER INFORMATION CONTACT: or contrary to the public interest; and [FR Doc. 2016–19012 Filed 8–9–16; 8:45 am] Allison Davis at (202) 245–0378. includes a statement of the finding and BILLING CODE 4120–01–P the reasons for it in the rule. In addition, Assistance for the hearing impaired is section 553(d)(3) of the APA allows the available through the Federal Information Relay Service (FIRS) at agency to avoid the 30-day delay in SURFACE TRANSPORTATION BOARD effective date where such delay is (800) 877–8339. contrary to the public interest and the 49 CFR Parts 1247 and 1248 SUPPLEMENTARY INFORMATION: In 1989, agency includes in the rule a statement the Board’s predecessor, the Interstate of the finding and the reasons for it. [Docket No. EP 431 (Sub-No. 4)] Commerce Commission (ICC), adopted In our view, this correcting document Review of the General Purpose URCS as its general purpose costing does not constitute a rulemaking that Costing System; Supplement system. Adoption of the Unif. R.R. would be subject to these requirements. Costing Sys. as a Gen. Purpose Costing This document merely corrects a AGENCY: Surface Transportation Board. Sys. for All Regulatory Costing technical error in the CY 2017 PFS ACTION: Supplemental notice of Purposes, 5 I.C.C.2d 894 (1989). The proposed rule. The corrections proposed rulemaking. Board uses URCS for a variety of contained in this document are regulatory functions. URCS is used in consistent with, and do not make SUMMARY: Through this supplemental rate reasonableness proceedings as part substantive changes to, the policies and notice of proposed rulemaking of the initial market dominance payment methodologies that were (Supplemental NPR), the Surface determination. At later stages of rate proposed subject to notice and comment Transportation Board (Board) is revising reasonableness proceedings, URCS is procedures in the CY 2017 PFS its proposal to eliminate the ‘‘make- used in parts of the Board’s proposed rule. As a result, the whole adjustment’’ that is currently determination as to whether the correction made through this correcting applied as part of our general purpose challenged rate is reasonable, and, when document is intended to resolve an costing system, the Uniform Railroad warranted, the maximum rate inadvertent error so that the rule Costing System (URCS). The notice of prescription. URCS is also used to accurately reflects the correct date for proposed rulemaking (NPR) in this develop variable costs for making cost comments to be submitted in order to proceeding, issued on February 4, 2013, determinations in abandonment assure their consideration in the final explained that when disaggregating data proceedings; to provide the railroad rule. and calculating system-average unit industry and shippers with a Even if this were a rulemaking to costs in Phase II, URCS does not fully standardized costing model; to cost the which the notice and comment and take into account the economies of scale Board’s Carload Waybill Sample to delayed effective date requirements realized from larger shipment sizes, develop industry cost information; and applied, we find that there is good cause necessitating an adjustment in Phase III. to provide interested parties with basic

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cost information regarding railroad the make-whole adjustment, which is car or 49-car shipment. Likewise, the industry operations. calculated and applied in Phase III, is to unit cost for a unit train movement is URCS develops a regulatory cost recognize the efficiency savings that a the same, whether it is a 50-car or 135- estimate that can be applied to a service carrier obtains in its higher-volume car shipment (or anywhere in between). that occurs anywhere on a rail carrier’s shipments and thus render more At the same time, however, the system- system. These cost estimates are appropriate unit costs. average unit cost for a 49-car multi-car developed through three distinct phases URCS applies the make-whole shipment is significantly higher than the of URCS. adjustment through a three-step process. unit cost for a 50-car unit train • Phase I occurred only when URCS First, URCS assumes that a movement’s shipment. In other words, hard break was originally developed using the costs are equal to that of a system- points exist that may not reflect true annual reports submitted by Class I rail average movement. Next, URCS applies efficiency differences between single-car carriers (R–1 reports). Regression efficiency adjustments depending on and multi-car shipments, and between analyses were performed to develop shipment size—single-car (1 to 5 cars), multi-car and unit train shipments. equations linking expense account multi-car (6 to 49 cars), and trainload/ Second, the make-whole adjustment 4 groupings with particular measures of unit train (50 or more cars). URCS redistributes the shortfall across single- railroad activities. applies the efficiency adjustments to car and multi-car movements on a per- • Annually, in Phase II, URCS takes higher-volume movements, thereby car basis, which not only fails to the aggregated cost data and traffic reducing the system-average unit costs account for economies of scale but also statistics provided by Class I carriers in 5 of such movements. Last, URCS increases the size of the step function. their most recent R–1 reports and other redistributes the total savings obtained For example, under the per-car method reports and disaggregates them by in all of the higher-volume shipments calculating system-average unit costs for switching-related costs, costs are (the shortfall) across all of the lower- increased in proportion to the number associated with specific rail activities. volume shipments, such that the sum of • of cars switched (i.e., a two-car In Phase III, URCS takes the unit variable costs across all of the carrier’s costs from Phase II and applies them to movement is costed as twice as movements remains the same. expensive to switch as a one-car the characteristics of a particular The NPR identified two primary movement, a three-car movement is movement in order to calculate the concerns with how the make-whole 1 three times as expensive to switch as a variable cost of that movement. adjustment is currently applied by one-car movement, etc.). By not The agency has periodically reviewed URCS. First, the efficiency adjustments 2 decreasing the per-car costs as the URCS since its inception. In August cause a step function because the number of cars in the shipment 2009, the Senate Committee on adjustments generally reduce the increases, the redistribution of savings Appropriations directed the Board to system-average unit costs by various set does not adequately account for submit a report providing options for percentages depending on whether the economies of scale. Additionally, the additional updates to URCS. In the movement is classified as unit train, redistribution of savings increases the report submitted in May 2010, the Board multi-car, or single-car. As a result, the size of the step function because the identified the make-whole adjustment current URCS methodology generally add-ons increase costs per car across as one area that warranted further reflects economies of scale only between 3 single-car and multi-car shipments, but review. single-car and multi-car shipments and do not apply to unit train shipments.6 By decision served on February 4, between multi-car and unit train 2013, the Board issued the NPR, shipments, but it does not reflect any These break points, or steps, create mentioned above, to address concerns economies of scale within those the opportunity for parties to use URCS with the make-whole adjustment in shipment sizes. For example, the to manipulate regulatory outcomes. The URCS. As explained in the NPR, the system-average unit cost for a multi-car same problem occurs with locomotive make-whole adjustment is applied by movement is the same whether it is a 6- unit-mile (LUM) allocation, which also URCS to correct the fact that, when produces a step function between multi- disaggregating data and calculating 4 Single-car, multi-car, and trainload/unit train car and unit train shipments. The NPR system-average unit costs in Phase II, are the three basic shipment size categories for proposed to address these concerns URCS does not fully take into account purposes of the make-whole adjustment. URCS regarding the make-whole adjustment the economies of scale realized from currently treats all trainload movements as unit and LUM allocation. Rather than train movements; because of its handling of the larger shipment sizes. The purpose of Empty/Loaded Ratio, URCS assumes that every refining the make-whole adjustment in trainload movement travels from origination to Phase III, the NPR proposed to reflect 1 Although Phase III is referred to generically destination and back to origination. Trainload the impact of economies of scale in here, Phase III actually consists of two programs: movements are also assumed to be unit train calculating the system-average unit The waybill costing program, used to calculate the because URCS uses certain unit train statistics variable costs of movements from the Waybill reported by the railroads when costing trainload costs in Phase II, thereby eliminating the Sample, and the interactive Phase III movement movements (e.g., train miles, locomotive unit-miles, need for a modification of those costs in costing program, which calculates variable costs of car-miles, and gross ton-miles). Although the NPR Phase III. To that end, the NPR proposed movements based on user-supplied information. used the term ‘‘trainload’’ to describe these changes to switching costs related to The waybill costing program calculates the make- movements, because URCS treats these movements whole factors, whereas the interactive Phase III as unit train, this Supplemental NPR will use the switch engine minutes, equipment costs movement costing program applies the make-whole term ‘‘unit train,’’ which better reflects how those for the use of railroad-owned equipment factors and estimates a movement-specific cost. The shipments are costed. during switching, station clerical costs, interactive Phase III movement costing program is Additionally, URCS treats intermodal traffic as a and car-mile costs, as well as other available for download on the Board’s Web site. See type of ‘‘hybrid’’ category. Prior to 1997, URCS also infra note 79 and accompanying text. treated intermodal traffic as single-car movements. related changes to URCS. The NPR also 2 See, e.g., Review of the Surface Transp. Bd.’s In 1997, the Board concluded that more accurate Gen. Costing Sys., EP 431 (Sub-No. 3) (STB served costs would be obtained by applying to intermodal 6 For example, under the current system, the costs Apr. 6, 2009); Review of Gen. Purpose Costing Sys., traffic many, though not all, of the efficiency are increased in proportion to the number of cars. 2 S.T.B. 754 (1997); Review of Gen. Purpose Costing adjustments applicable to unit train movements. If the shortfall redistribution for a one-car shipment Sys., EP 431 (Sub-No. 2) (ICC served July 21, 1993). Review of Gen. Purpose Costing Sys., 2 S.T.B. 659, is $1,000, then the shortfall redistribution for a 49- 3 Surface Transp. Bd., Surface Transportation 663–665 (1997). car shipment is $49,000. But because the add-ons Board Report to Congress Regarding the Uniform 5 There are 14 efficiency adjustments, any number do not apply to unit train shipments, there is no Rail Costing System, 14, 18–19 (May 27, 2010). of which may apply to a particular movement. redistribution of costs to a 50-car shipment.

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proposed changes to the LUM can be properly supported by reasonable properly reflect the causation factors for allocation. economic judgments based on sound those costs. To assist commenters in evaluating principles of cost causation and cost As discussed more fully later in this those proposals, the Board issued a allocation. Moreover, both the need for decision, the Board has determined that decision on April 25, 2013, in which it improvement and the extent to which certain of the NPR’s proposals for made available certain information, changes can be implemented without changing the method of calculating the including the uncosted and costed 2011 undue burden must be considered. The costs of various types of operations in Waybill Sample, the source code used to special studies that would reexamine all Phase II, such as switching costs, raised cost the Waybill Sample and the of the underlying empirical studies legitimate concerns about cost causation intermediate outputs that result from would primarily place a burden on both and inadvertently affected other outputs using the source code, a small record the rail industry’s and the agency’s of Phase III. After considering the set, and descriptions to changes in the resources. Because the modest changes comments and engaging in further calculations of certain Phase III line proposed here can be made to correct or analysis, we now believe that, with items. The Board received comments mitigate specific problems with the modifications to the NPR’s proposals, and reply comments on June 20, 2013, make-whole adjustment and the related the existing efficiency adjustments and and September 5, 2013, respectively.7 LUM and train mile allocations without cost relationships in Phase III can form After considering the comments, the such studies,9 the Board believes this is the basis for changes that remedy the Board is modifying its earlier proposal. the prudent course of action. In taking problems in the current make-whole General Comments this approach, the Board is guided by adjustment and related Phase III the ‘‘practicality principle’’ set forth in outputs. Therefore, the Board proposes Commenters expressed two general the Final Report of the Railroad in this Supplemental NPR certain concerns about the NPR, which the Accounting Principles Board (RAPB), modifications to inputs in Phase II and Board has considered in creating the which states that ‘‘cost and related calculations in Phase III that would revised proposal set forth in this information . . . must generate benefits more appropriately adjust system- Supplemental NPR. First, some that exceed the costs of providing it.’’ 10 average unit costs. commenters cautioned against pursuing As the Board has previously stated, To assist commenters in reviewing ‘‘piece-meal’’ changes to URCS, arguing this revised proposal, the Board will that piece-meal changes run the risk of [i]n considering costing modifications, [the Board] cannot demand perfection. Rather, make its workpapers (which contain skewing results and that the Board [the Board bases its] decision on whether a confidential information from the should consider a more comprehensive proposed change represents an improvement Waybill Sample) available subject to our review of URCS.8 Second, a number of over current costing procedures, and whether customary Confidentiality Agreement. commenters expressed the concern that such a change can be implemented at a 49 CFR 1244.9.12 The workpapers the proposals in the NPR lack empirical reasonable cost and without undue burden contain sample calculations and support and would change long- on the railroad industry, the shipping public supporting data related to: (1) Switch standing cost allocation factors that or the agency. Engine Minutes, (2) Railroad-Owned were derived from industry studies. To Review of Gen. Purpose Costing Sys., 2 Equipment, (3) Station Clerical, (4) Car- that end, many of the commenters S.T.B. 659, 660–61 (1997). Miles, and (5) Other Related Changes. propose that the Board conduct special The NPR in this proceeding focused studies that will provide the empirical on an identified problem in URCS: The Revised Proposal occurrence of break points, between support necessary for the proposed The revised proposal would eliminate shipment sizes, that do not changes. the need for the make-whole adjustment We understand the arguments about appropriately reflect operating costs and and address additional step functions in piece-meal changes to URCS, but we do economies of scale, and the problematic URCS relating to LUMs and train miles. not believe that improvements to our allocation of LUMs that also creates Below, proposed changes to the current costing system should be ignored when break points. Several commenters efficiency adjustments—switching costs, incremental changes can be acknowledge these current flaws in railroad-owned equipment costs, station implemented to address specific URCS.11 Our goal here, as in the past, clerical costs, and car-mile costs—are problems or concerns that have been is to make ‘‘an improvement over first discussed. Other related proposals identified with a portion of that system. current costing procedures.’’ As are then discussed. Nor do we believe that it is necessary for discussed above, it is possible to modify the Board to have the types of empirical URCS to address these issues without 1. Switching Costs Related to Switch data suggested by commenters in order conducting special studies, which, Engine Minutes to move forward with the specific under the circumstances, could place an The NPR proposed to adjust how changes to URCS proposed in this undue burden on ‘‘the railroad industry, URCS calculates the operating costs for rulemaking. The changes proposed here the shipping public, or the agency.’’ switching cars, regardless of car However, the comments received argued ownership. These costs are referred to as 7 The following parties filed comments in this that our proposed methodologies for ‘‘switch engine minute’’ (SEM) costs. proceeding: Arkansas Electric Cooperative calculating certain Phase II costs did not Corporation (AECC); Association of American Currently, in Phase II, URCS calculates Railroads (AAR); BNSF Railway Company (BNSF); SEM costs on a per-carload basis, which 9 Montana Grain Growers Association (Montana Although the NPR did not include a proposal on does not reflect economies of scale as Grain); Samuel J. Nasca, on behalf of United train miles, the Board is addressing train mile Transportation Union-New York State Legislative allocation in this Supplemental NPR because, as shipment size increases. In the NPR, the Board; Tom O’Connor Group; Union Pacific explained below, it has the possibility of producing Railroad Company (UP); Western Coal Traffic a step function. 12 To obtain the workpapers, parties should League (WCTL). Additionally, joint comments were 10 RAPB Final Report 17. See also Adoption of the submit a written request to the Board’s Office of filed by the American Chemistry Council and others Uniform R.R. Costing Sys. As A General Purpose Economics and reference this proceeding. Parties (referred to collectively as ACC) as well as by the Costing Sys. For All Regulatory Costing Purposes, 5 may seek a protective order for subsequent Alliance for Rail Competition and others (referred I.C.C.2d 894, 909 (1989); 49 U.S.C. 11162(b)(3), (4). pleadings using this information. If participants are to collectively as ARC). 11 AAR Comment 13; BNSF Comment 5; Montana permitted to file their pleadings under seal, they 8 AAR Comment 9, 21; V.S. O’Connor & Legieza Grain Comment 1; UP Comment 3; WCTL Comment also will be required to file a public version with 10–11; UP Comment 2, 18. 7. confidential information redacted.

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Board stated that, operationally, a economies of scale and recognize the cars in a block, due to the time and shipment of rail cars is generally fact that switching costs include both a event components of switching. connected into a contiguous block of time component and an event To determine the appropriate cars, and is handled as a contiguous component. Under the revised proposal, percentages by carload and block in the block from origin to destination. The Phase III would adjust the system- CWB value, while also maintaining the Board therefore proposed to calculate average unit costs by incorporating both existing cost relationships in URCS, the SEM unit costs in Phase II on a per- the time component of switching Supplemental NPR proposes to solve for shipment basis for all five types of (carload basis) and the event component the values that cause SEMs to be switching accounted for by URCS.13 of switching (shipment basis). In this reduced at the minimum unit train level Although certain commenters way, the efficiency adjustments that are by the same amount as is currently done acknowledge that allocating SEMs on a reflected in Phase III would no longer by URCS.19 This determination would purely per-carload basis may not be result in a step function and would be done annually, by railroad, using appropriate, they also object to the reflect economies of scale for every data in the Waybill Sample for each NPR’s proposed allocation of SEMs on different shipment size. type of switching. Then, to convert a purely per-shipment basis because Several commenters argued that the system-average SEMs from Phase II to switching costs are, to some extent, efficiency adjustments in Phase III were SEMs in Phase III that reflect economies dependent upon the number of cars in developed using empirical data,16 and of scale, the Supplemental NPR the block.14 Specifically, commenters that these existing cost relationships in proposes the following calculation, argue that there is both a time URCS should be maintained. This where the CWB Ratio represents SEMs component and an event component to proposal maintains the existing cost per CWB divided by SEMs per carload: switching, and that the time required to relationships in URCS to the extent Phase III Adjusted SEMs = (Phase II switch cars is influenced by the number practicable. This Supplemental NPR System Average SEMs) * (CWB Ratio) * of cars in the shipment.15 Several proposes to incorporate the current (CWB) commenters therefore recommend that efficiency adjustments, which were the Board allocate a portion of switching These calculations represent the developed using empirical data, by proposed relationship between current costs on a per-shipment basis and a maintaining the percentage reduction portion on a per-carload basis. Such an Phase II calculations, which are done on for unit train traffic currently embodied a per-carload basis, and the proposed approach would require a determination 17 in the Phase III efficiency adjustments. Phase III calculations, which are done of the appropriate percentage split For example, for industry switching, between carloads and shipments and on a per-CWB basis. As explained, these URCS currently applies a 75% calculations eliminate the current step likely involve statistical studies that reduction in assigned SEMs for unit would be time-consuming and costly. function and incorporate current URCS train traffic, and a 50% reduction in efficiency adjustments at the unit train While such studies might be justifiable assigned SEMs for multi-car traffic, by if there were no less costly alternative level. This adjustment is referred to as way of a step function. The proposal the CWB Adjustment. to address the problem, the Board has would continue applying the 75% concluded that the cost relationships The CWB Adjustment is more reduction for unit train traffic, but appropriate than the current make- used to develop the Phase III efficiency would now achieve this reduction by adjustments can be used to recognize whole adjustment for several reasons. way of an asymptotic curve. The Although the current methodology and quantify the time- and event-related efficiency reductions for single-car and components of switching costs in Phase generally reflects economies of scale multi-car traffic would no longer apply; between single-car and multi-car III in a way that eliminates the problems rather, the efficiencies associated with with the existing make-whole shipments and between multi-car and such movements would be allocated unit train shipments, it does not reflect adjustment. through the asymptotic curve. Thus, rather than changing the any economies of scale within those In order to create this asymptotic shipment sizes. The CWB Adjustment calculation of SEM unit costs in Phase curve, the Board would employ a new II as proposed in the NPR, the does reflect increasing economies of concept called the Carload Weighted scale as shipment size increases. It also Supplemental NPR would adjust how Block (CWB) Adjustment. The CWB Phase III allocates SEMs to account for has the advantage over the current Adjustment applies a weighting to a methodology of not producing a step block of cars based on a percentage of 13 function and not requiring an add-back Those five types of switching are: (1) Industry the number of cars in that block.18 The switching; (2) interchange switching; (3) of the shortfall. Finally, with the intraterminal switching; (4) interterminal switching; CWB value is calculated as the number possible exception of I&I switching, and (5) inter-train & intra-train (I&I) switching. of cars in a block multiplied by the Industry switching is switching that occurs at origin discussed below, the CWB Adjustment percentage by which switching varies by better reflects the cost causality or destination points. Interchange switching is carload, plus the number of blocks switching that occurs at intermediate yards between principle from the RAPB’s Final different carriers, as opposed to I&I switching, multiplied by the percentage by which Report 20 because of the changing which occurs on a rail carrier’s own lines. switching varies by block—thus economies of scale for every different Intraterminal switching is the switching of cars by reflecting the fact that switching costs one carrier within a rail terminal, and interterminal shipment size. switching is the switching of cars between carriers are dependent in part on the number of within a rail terminal. For purposes of costing the 19 To illustrate, for carload industry switching, Waybill Sample, only movements that travel a total 16 See AAR Comment 16; ACC Comment 2; BNSF the appropriate carload and block percentages distance of less than 8.5 miles are considered Comment 11–12. would be calculated by solving for a 75% reduction intraterminal or interterminal switching. 17 Although the current make-whole adjustment at 75 cars (the proposed definition of unit train). 14 See, e.g., AAR Comment 12, 13, 16; ACC for unit train traffic is applied starting at 50 cars, See infra p. 25 (proposing to define unit train Comment 8; BNSF Comment 7–8; UP Comment 4– the Supplemental NPR proposes to apply these starting at 75 cars). 5. revised adjustments starting at 75 cars. See infra p. 20 ‘‘Causality is the primary criterion for cost 15 For example, if the switching movement 25. assignment. Cost is the amount (usually expressed requires moving cars from one track to another, or 18 A ‘‘block’’ is defined as the number of cars on in monetary terms) of input resources used to if it requires the cars to be inspected and the air the waybill moved as a contiguous unit from origin achieve a specified quantity of activity or service. brakes to charge, then the amount of time it takes to destination. For carload traffic, the number of Causality links cost with an activity or service.’’ to switch will be dependent on the number of cars. blocks is always one. (RAPB Final Report 9.)

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This revised proposal, which makes operations, the Board has considered Board could require each Class I to changes to Phase III through the CWB alternative solutions and found this report annually the average number of Adjustment rather than Phase II, proposal to be the most appropriate intermodal flatcars moving together as a obviates the need for changes to the solution under the circumstances. For block and use that reported number Board’s reporting requirements by the instance, one alternative solution could (annualized over three years) as that railroads. Thus, the NPR’s proposed be to reconsider the current URCS carrier’s number of flatcars in a changes to the Annual Report of Cars assumption that unit train shipments ‘‘shipment.’’ 26 In their joint verified Loaded and Cars Terminated (Form receive no I&I switching.22 However, for statement, AAR’s witnesses, Baranowski STB–54) and the Quarterly Report of the reasons stated earlier, the Board and Fisher, estimated the average size of Freight Commodity Statistics (Form seeks to avoid the unwarranted an intermodal shipment to be 10 QCS) are no longer necessary under the administrative and public burden intermodal flat cars, though they did not revised proposal. associated with a special study to provide their methodology for how this Below, two specific issues related to establish a new efficiency adjustment figure was developed.27 the CWB Adjustment are discussed: I&I for I&I switching where modifications The Board does not believe that a switching and the definition of that account for these impacts can be special study is required in order to ‘‘shipment.’’ made without such studies. Parties may, define a shipment. In the NPR, the however, submit evidence on I&I Board stated that, operationally, a I&I Switching switching for unit train traffic for the shipment of rail cars is generally The CWB Adjustment for I&I Board’s consideration, if they so choose. connected into a contiguous block of switching would be applied as Another solution would be to have a cars. Although the terms ‘‘shipment’’ described above. However, unlike the methodology that produces a positively and ‘‘block’’ are sometimes used other types of switching, application of sloped I&I switching cost curve for interchangeably, the former is generally the CWB Adjustment as described above single- and multi-car shipments; a billing concept, while the latter is to I&I switching results in decreasing however, any such solution would, by generally an operational concept. For total I&I switching costs as shipment definition, require a negative step the purposes of discussing intermodal size increases.21 In other words, the function in order for the cost to drop to shipments, the distinction is important, total I&I costs for a two-car shipment zero for unit trains. Because a major goal as an intermodal shipment may, for would be slightly less than for a one-car of this Supplemental NPR is to costing purposes, use only a partial shipment, a three-car shipment would eliminate step functions, the Board block, as further described below. be slightly less than a two-car shipment, believes the use of the CWB Adjustment As noted, switching is performed on a four-car shipment would be slightly for I&I switching is superior. a block of cars. For carload shipments, less than a three-car shipment, and so the number of blocks for a shipment is on until the total I&I cost for a unit train a. Definition of ‘‘Shipment’’ always one. For intermodal shipments, shipment is zero. As noted in the NPR, any proposal to however, the number of trailer container The CWB Adjustment solution calculate SEM costs on a per-shipment units (TCUs) in a shipment may not fill produces a negative slope in total I&I basis (whether entirely or in part) an entire car, such that the time, and switching costs because URCS currently requires the Board to define thus costs, to switch the number of assumes a 100% efficiency reduction ‘‘shipment.’’ The NPR proposed to TCUs in an intermodal shipment should (i.e., zero I&I switching) for unit train define ‘‘shipment’’ as a block of one or be prorated. For example, if the average shipments, reflecting the assumption in more cars moving under the same number of TCUs per flatcar is four, the URCS that there is no I&I switching waybill from origin to destination. Some time required to switch a shipment of associated with unit trains. The CWB commenters suggested that this one TCU should be prorated to 25% of the time required to switch the entire Adjustment proposes to maintain the definition was inappropriate because flatcar. As another example, a shipment existing efficiency reductions for unit how traffic moves operationally and of six TCUs will require two flatcars in trains by solving for the values that how it is waybilled are not necessarily a block, though the time to switch the cause SEMs to be reduced at the unit synonymous.23 In particular, block should be prorated to 75% for that train level by the same amount as is commenters argued that, while the shipment, as the number of TCUs in the currently done by URCS. Because the Board’s definition may be sufficient for shipment only accounts for six of the I&I cost curve goes from a positive value carload traffic, it was inappropriate for eight available TCU spaces in the block for a one-car shipment to a value of zero intermodal traffic.24 BNSF and AAR contend that the of two flatcars. for a unit train shipment, it results in a Thus, the Supplemental NPR Board should undertake a special study negative total I&I cost curve. This is in proposes to adjust the NPR’s definition to determine how to define intermodal contrast to the other types of switching, slightly by defining a shipment as a shipments for costing purposes.25 In the which have an efficiency reduction of block of one or more cars or TCUs alternative, BNSF suggests that the less than 100% at the unit train level, moving under the same waybill from thus resulting in a positive value and origin to destination. The Board believes total cost curve. 22 Evidence submitted by parties in rate cases has suggested anecdotally that certain unit trains may that such a definition is appropriate for Although this negative slope for I&I receive I&I switching for bad-order cars. See, e.g., both carload traffic and intermodal switching may not be perfectly Tex. Mun. Power Agency v. BNSF Ry., NOR 42056, traffic, and that the difference between reflective of costs for actual railroad slip op. at 45 (STB served Mar. 24, 2003); Pub. Serv. the two is that the time, and thus costs, Co. of Colo. v. BNSF Ry., NOR 42057, slip op. at to switch an intermodal shipment may 21 128 (STB served June 7, 2004). However, such This negative slope would not be reflected in need to be prorated based on the URCS Phase III switching costs when I&I switching evidence is not broad enough to be used to develop is combined with industry switching. See a new efficiency adjustment for I&I switching in workpaper ‘‘EP431S4_SEMs_IndustryAndI&I.xlsx.’’ this proceeding. 26 BNSF further states that, in 2012, it had an Since not all movements receive the other types of 23 AAR Comment 13–15; ACC Comment 7–8; average of 5.29 containers per flatcar. BNSF switching, see supra note 14, a graph of I&I ACC Reply, V.S. Mulholland 4. Comment 9 (citing 2012 BNSF R–1 report, Schedule switching and industry switching depicts whether 24 AAR Comment 14–15; ACC Comment 7–8; 755). total switching costs for a movement will have a BNSF Comment 9–10. 27 See AAR Comment, V.S. Baranowski & Fisher negatively or positively sloped curve. 25 AAR Comment 14–15; BNSF Comment 9–10. 13.

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number of TCUs in the block being Commenters disagree with the Board’s particular car type. Specifically, the switched. To perform this calculation, proposal to eliminate the Phase III Supplemental NPR proposes the the Supplemental NPR proposes to use efficiency adjustments for these costs.30 following: (1) If a majority of shipments the average number of TCUs per flatcar They argue that URCS currently for one car type (greater than 50%) that is reported by the railroads on line recognizes certain efficiencies that were move by unit train, then the 134 of R–1 Schedule 755. derived from special studies conducted Supplemental NPR proposes to use the Some commenters pointed out that by the ICC, and that there is no evidence efficiency adjusted inputs for car-days intermodal trailers or containers that these efficiencies have been and car-miles; (2) if the predominant typically move under a separate waybill reduced or eliminated. As such, shipment size for that car type is single- even if the TCUs are placed on flatcars commenters argue that the Board’s car, then the Supplemental NPR that move in multiple flatcar blocks. We proposal should account for these proposes to use the unadjusted inputs take this to mean that, even if multiple efficiencies. UP and BNSF, for example, for car-days and car-miles; and (3) if TCUs are traveling together from origin recommend that the Board divide costs there is no majority of shipments to destination, each TCU may be billed into an event-related component and a moving by a particular shipment size, individually on a separate waybill. AAR shipment size-related component, the Supplemental NPR proposes to 31 further pointed out that ‘‘this distinction similar to SEM costs. WCTL asks the apply the efficiency adjustments ha[d] not been relevant to URCS costs Board to retain the efficiency depending on whether the particular . . . calculated on a per car basis,’’ but adjustment, and acknowledges that this adjustment reduces costs for multi-car would necessitate the retention of a shipments or not. that the Board’s proposal in the NPR ‘‘to 32 rely on a per shipment costs’’ make-whole factor. Under this proposal, not only would Additionally, AAR and BNSF ask highlighted ‘‘the disconnect’’ between the step function that results from that, regardless of whether the Board how traffic moves operationally and application of the make-whole proceeds with its proposals in the NPR, how it is waybilled.28 The Board’s adjustment be eliminated, but the it fix what they describe as a ‘‘flaw’’ or Supplemental NPR eliminates this misallocation identified by AAR and ‘‘misallocation problem’’ in how URCS BNSF also would be corrected and the concern because the CWB Adjustment calculates the costs for railroad-owned for intermodal switching now finds that efficiency adjustments currently equipment when applying the make- reflected in URCS would be maintained. intermodal switching is based on 100% whole adjustment.33 They argue that Because this proposal incorporates of the number of cars. As such, there is URCS improperly distributes cost the current efficiency adjustments into no difference between the proposal in savings associated with the efficiency of the Phase II inputs, the Phase II unit this Supplemental NPR and how URCS one car type to other car types. AAR’s costs for some equipment will increase currently treats intermodal switching witnesses, for example, argue that depending on the equipment’s assigned (i.e., on a per car basis). because the costs for railroad-owned efficiency adjustment. Specifically, for It is worth noting that, under the cars are composed primarily of any equipment that receives an proposal and proposed definition of a ownership and lease costs that are shipment, billing multiple TCUs specific to individual car types, URCS is efficiency adjustment, this proposal individually rather than as a shipment distributing ownership costs for one car would reduce the Phase II inputs for may increase the allocation of station type to shipments using a different car that equipment (e.g., from two car-days clerical costs to those TCUs. However, type.34 to one car-day for car-days loading and we perceive no misallocation of costs in Because commenters urge retention of unloading). This, in turn, would this outcome because such a practice the existing cost relationships to the increase the unit costs for that would require more clerical resources to extent that the efficiency adjustments in equipment because the same equipment process multiple waybills rather than a URCS were developed using empirical expenses would be divided by a smaller single waybill. data, we have incorporated those number of units. There would be no adjustments into the revised proposal to change to the unit costs in Phase II for 2. Equipment Costs for the Use of the extent practicable. However, we also equipment whose inputs do not change. Railroad-Owned Cars During Switching agree that the current efficiency These changes in unit costs in Phase Another category of system-average adjustments are distributing savings II would flow through to the variable unit costs associated with switching from a few equipment types that have a costs calculated in Phase III. Although pertains to the equipment costs for the high percentage of unit train service the change in Phase II unit costs may be use of railroad-owned cars. These costs onto the costs of other types of offset by the concurrent reduction in are distance- and time-related.29 In the equipment that have a high percentage car-days or car-miles, equipment whose NPR, the Board concluded that these of single-car service. By doing so, URCS unit costs have increased in Phase II costs are properly accounted for on a overstates the equipment costs of may still see an increase in variable per-car basis and therefore proposed to equipment moving in single-car service costs because this proposal corrects the continue calculating these costs on a and understates the equipment costs of misallocation described above. In other per-car basis. However, the NPR would equipment moving in unit train service. words, the efficiency savings currently have affected the calculation of these Accordingly, the Board now proposes applied to that equipment will no longer costs by eliminating the Phase III to modify the Phase II inputs for car- be transferred to other equipment. For efficiency adjustment. days and car-miles to reflect the current equipment whose Phase II unit costs efficiency adjusted values for the would not change, the Phase III variable predominant shipment size of each costs for that equipment would 28 AAR Comment 14. 29 In other words, the costs for using a railroad- nonetheless also be impacted by this 30 owned car are based both on the distance it travels See AAR Comment 17; BNSF Comment 11–12; proposal for the same reason. That is, and the time it is being used during the switching UP Comment 11–12; WCTL Comment 8–9. the variable costs for that equipment 31 process. For example, if a railroad-owned car See BNSF Comment 11–12; UP Comment 11– would decrease in Phase III because this travels two miles during an interchange switch, and 12. is held at the interchange for three days, the costs 32 See WCTL Comment 9; WCTL Reply 9. proposal corrects the aforementioned for the use of that car will be based both on the two- 33 See AAR Reply 7; BNSF Reply 4–5. misallocation associated with railroad- miles it traveled and the three-days it was held. 34 AAR Reply, V.S. Baranowski & Fisher 11. owned equipment.

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Station Clerical Costs clerical costs in single-car shipments to 3. Car-Mile Costs The NPR proposed to adjust how account for economies of scale by In order to calculate car-mile costs, URCS calculates station clerical costs, applying the concept of the CWB URCS uses what is referred to as the which are the administrative costs Adjustment discussed earlier. To Empty/Loaded Ratio (E/L Ratio) to associated with a shipment. Currently, determine the appropriate percentage adjust the number of miles in a in Phase II, URCS calculates station split between carload and block in the particular movement. The E/L Ratio is clerical costs on a per-car basis, which CWB value for single-car shipments used when costing all movements does not reflect economies of scale. As only, the Supplemental NPR proposes to because, although there are costs a result, in Phase III, URCS applies an solve for the values that cause station associated with both empty miles and efficiency adjustment for multi-car and clerical costs to be reduced at the six- loaded miles, URCS only requires a user unit train shipments and adds those car level by the same amount as is to input loaded miles to cost a efficiency savings onto single-car currently done by URCS. As with SEMs, movement. Thus, to account for the shipments. this determination would be done costs of a carrier’s total miles, URCS In the NPR, the Board proposed to annually, by railroad, using data in the multiplies loaded miles by the E/L calculate station clerical costs in Phase Waybill Sample. Thus, by applying the Ratio. The E/L Ratio, which can be II on a per-shipment basis. Although CWB Adjustment, the Supplemental described as total miles divided by commenters agreed that there are NPR proposes to eliminate the current loaded miles, is a figure computed by economies of scale associated with step between single-car and multi-car URCS based on data supplied by the station clerical costs, they objected to shipments while also maintaining the Class I carriers. the Board’s proposal. Some commenters current URCS efficiency adjustments for Currently, in Phase III, URCS uses the agreed with the Board’s proposal on multi-car and unit train shipments. E/L Ratio for single-car and multi-car theoretical grounds, but objected For intermodal shipments, URCS movements based on actual data because the proposal was not supported currently applies a station clerical supplied by the railroads. For unit train by empirical evidence.35 Others argued efficiency adjustment starting at six movements, however, URCS applies an that allocating station clerical costs on flatcars. As with carload traffic, the E/L Ratio of 2.0 to reflect the a purely per-shipment basis would be Supplemental NPR proposes to continue assumption that, for unit train inappropriate because there are in fact to use the current efficiency adjustments movements, a loaded car will return to some costs that vary with the number of for multi-car and unit train shipments. its origination location, such that empty carloads.36 As with SEM switching However, for intermodal shipments miles are equal to loaded miles.39 Thus, costs, AAR, BNSF, and UP recommend with fewer than six flatcars, the even if a rail carrier’s actual E/L Ratio that the Board adopt an approach that Supplemental NPR proposes to apply is less than 2.0 (i.e., there are fewer splits station clerical costs into a time- the CWB Adjustment and solve for the empty miles than loaded miles and thus related component and an event-related smallest multi-car shipment in order to more efficiencies), URCS currently component.37 match the current efficiency adjustment disregards that more efficient E/L Ratio After considering the comments, we at six cars.38 as to unit train movements and applies propose here to continue calculating As with SEM costs, this revised the less efficient value of 2.0.40 station clerical costs on a per-car basis proposal, which makes changes to Phase In the NPR, the Board stated that the in Phase II and, for multi-car and unit III rather than Phase II, obviates the actual E/L Ratio computed from data train shipments, continue applying the need for adjustments to the Board’s supplied by the carriers is the best same efficiency adjustments that URCS reporting requirements of the railroads. reflection of a railroad’s actual applies now in Phase III. Unlike SEM Thus, the NPR’s proposed changes to operations and that it should not be costs or railroad-owned equipment the Annual Report of Cars Loaded and Cars Terminated (Form STB–54) and 39 As explained earlier, supra note 5 and costs, the adjustment currently applied accompanying text, URCS currently assumes by URCS for station clerical costs does the Quarterly Report of Freight movements of 50 cars or more are unit train not include a break point between Commodity Statistics (Form QCS) are no movements due to its handling of the E/L Ratio. multi-car and unit train shipments longer necessary under the revised URCS also assumes such movements to be unit proposal. train movements because it uses certain unit train because the reduction is based on a statistics reported in the R–1 reports when costing function where 75% of costs are based those movements (e.g., train miles, locomotive unit- on the carloads and 25% of costs are 38 The Board also declines to make the further miles, car-miles, and gross ton-miles). The R–1 based on the shipment, resulting in an refinement to URCS proposed by AAR’s witnesses reports ask railroads to report unit train, way train, with regard to station clerical costs for intermodal and through train data, and defines unit train asymptotic curve. shipments. AAR’s witnesses argued that URCS may service as ‘‘a specialized scheduled shuttle type However, there is a large break point currently over-allocate station clerical costs, and service in equipment (railroad- or privately-owned) between single-car and multi-car asked the Board to confirm that URCS allocations dedicated to such service, moving between origin shipments because URCS applies an are aligned with the reporting of expenses in and destination.’’ (R–1 Schedule 755 Instructions at efficiency adjustment to multi-car Schedules 410 and 417 of the R–1 reports. (AAR 92.) Reply, V.S. Baranowski & Fisher 13–14.) The costs 40 A unit train movement’s E/L Ratio might be shipments, but not to single-car associated with station clerical are found in R–1 greater or less than 2.0 for a variety of reasons, shipments. Additionally, URCS adds the Schedule 410 (lines 518 to 526). The costs including whether the shipment at issue is moved efficiency savings of larger shipment associated with loading and unloading of TCUs in railroad-owned cars or privately-owned cars. In onto or off of intermodal cars are found in R–1 the case of railroad-owned cars, where the rail sizes onto single-car shipments, thus Subschedule 417, which is a refinement of the costs carrier typically controls the movement of its cars increasing the size of the step function. found in R–1 Schedule 410 (lines 507–517). across its network, a shipment may travel from To eliminate this break point, Phase III Although the URCS worktable cited by the point A (loading origin) to point B (unloading would be adjusted to allocate station witnesses (Worktable D7 Part 7A) does refer to destination) to point C (next loading origin). If point Subschedule 417, that particular worktable does not C is closer to point B than point A, then the E/L involve station clerical costs at issue here. URCS Ratio would be less than 2.0. If, however, point C 35 See ARC Comment, V.S. Fauth 12; WCTL develops station clerical expenses in a separate is farther from point B than point A, then the E/ Comment 10–11. worktable (Worktable D5 Part 1). As such, the L Ratio would be greater than 2.0. This is in 36 See ARC Comment, V.S. Fauth 12; UP expenses from these two schedules are properly contrast, for example, to the situation involving a Comment 10–11; WCTL Comment 10–11. aligned with the separate calculations of URCS unit train of privately-owned cars that continually 37 See AAR Comment 16; BNSF Comment 12–13; station clerical expenses and intermodal loading/ cycles between point A and point B, such that the UP Comment 10–11. unloading expenses. movement’s E/L Ratio would be equal to 2.0.

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replaced by an assumed E/L Ratio of 2.0 service, the reported percentage of unit (i.e., non-intermodal traffic) receive I&I in the case of a unit train movement. It train car-miles with E/L Ratios less than switching every 200 miles. Some years therefore proposed to adjust URCS so 2.0 was 65% and 48% for the eastern ago, the Board noted that this figure that the actual E/L Ratio would apply to and western Class I carriers, appeared to be outdated but that, all types of movements, such that URCS respectively. Of the E/L Ratios reported without conducting a special study, it would no longer treat all unit train in 2012, the percentage of unit train car- was unable to propose another figure to movements as having equal empty and miles with E/L Ratios less than 2.0 was use in its place. Review of Gen. Purpose loaded car-miles. 66% and 10% for the eastern and Costing Sys., 2 S.T.B. 659, 665 n.18 While some commenters supported or western Class I carriers, respectively.47 (1997). did not object to the proposal,41 others This demonstrates that such shipments In the NPR, the Board proposed to disagreed. Several commenters argue in those equipment types are indeed update this figure to reflect the fact that, that the Board should continue to use having their costs increased by the since the mergers of the 1990s, the the 2.0 figure for dedicated shuttle current efficiency adjustment. average length of haul on individual trains.42 ARC recommends that the Moreover, that negative efficiency railroads has increased. The Board Board consider requiring railroads to adjustment is then being added back noted that, based on a comparison of the identify dedicated shuttle trains in the onto single- and multi-car movements, average length of haul for the Class I Waybill Sample so that the Board could which decreases costs for those smaller railroads in 1990 (pre-mergers) and 2011 properly apply the 2.0 figure to those movements. The current application of (post-mergers), it observed a 60% movements.43 WCTL argues that the 2.0 instead of the system-average E/L increase in the overall length of haul. NPR’s proposal was flawed because Ratio thus undermines the purpose of The Board therefore proposed to reported car type data does not the efficiency adjustment. increase the distance between I&I distinguish between the type of service Additionally, making changes to the switches for carload traffic by 60%, that a car is used to provide, and that Waybill Sample that would distinguish from 200 miles to 320 miles. The Board car data supplied by carriers can dedicated unit train service is beyond also encouraged interested parties to include data for single-car, multi-car, the scope of this rulemaking (which is submit data and comments on whether and unit train shipments, without principally focused on eliminating the a 60% increase is appropriate, or distinguishing between the type of make-whole adjustment in URCS and whether the Board should consider a service. As such, WCTL recommends improving related allocations), and is larger increase. that the Board create a new shipment not necessary in order to apply the The few comments on this proposal entry in Phase III for dedicated shuttle E/L Ratio to unit train service for generally argued that the Board should trains and retain the use of the 2.0 figure purposes of this proceeding. The E/L change the I&I switching mileage for for those moves.44 ACC argued that the Ratio is reported by equipment type, carload traffic based on empirical data Board’s proposal cannot be adequately and certain types of equipment are used from the railroads.48 In particular, ACC assessed until it determines the ratio of predominantly in unit train service, argued that the Board’s proposal was the equipment type used in unit train such that the E/L Ratio for those based on a flawed assumption. ACC service versus non-unit train service.45 equipment types will reflect unit train points out that the average length of The Board continues to believe that service. For example, the 2012 and 2013 haul is based on both unit train and URCS should apply the actual E/L Ratio Waybill Samples were analyzed using non-unit train traffic, of which only the as computed from the carriers’ data to the proposed definition of unit train latter receives I&I switching. ACC argues all shipment sizes, including unit train (i.e., 75 cars or more, as discussed infra) that the Board assumed without basis movements. URCS’s current use of the to determine the percentage of car-miles that the ratio of unit train to non-unit 2.0 figure for unit train movements is by car type moving in single-car, multi- train traffic has remained constant since meant to reflect efficiencies of that car, and unit train service. That analysis 1990 and that the number of I&I service. However, as noted, even if the showed that certain car types are often switches on non-unit train traffic has reported, actual E/L Ratio for a car type used in the same type of service, remained constant since 1990. used in unit train service is less than 2.0 particularly for those car types often UP supports the Board’s attempt to (such that efficient service is reflected), used in unit train service (plain update the carload I&I switching URCS will nonetheless apply the less gondolas, general service open-top mileage, but also argues that an increase efficient value of 2.0, which increases hoppers, and special service open-top in length of haul does not necessarily the cost of that supposedly more hoppers). Therefore, the Board equate to an increase in the carload I&I efficient movement. The E/L Ratios as continues to believe that URCS should switching mileage. UP argues that the reported by the Class I railroads in 2012 apply the E/L Ratio as computed from Board should base any changes to this and 2013 for car types that are often the carriers’ data to all types of service. figure on actual railroad data. To that used in unit train service were 4. Other Related Changes end, UP states that it studied single-car reviewed.46 That review indicates that, and multi-car shipments (excluding of the E/L Ratios reported in 2013 for In addition to the above changes, this intermodal) on its system over two years car types primarily used in unit train Supplemental NPR also proposes the and determined that, on average, I&I following changes related to the make- switching for those shipments happens 41 See, e.g., AAR Comment 7 n.12 (does not object whole adjustment and/or step functions: every 250 miles.49 UP asks the Board to to Board’s proposal); UP Comment 12–13 (supports I&I switching mileage, definition of unit adopt this 250-mile figure rather than use of E/L Ratio). See generally AECC Comment; train, LUMs, and train miles. BNSF Comment. the 320-mile figure proposed in the 42 ACC Reply, V.S. Mulholland 13–14; ARC I&I Switching Mileage. Currently, URCS assumes that single-car and Comment, V.S. Fauth 12–14; WCTL Comment 2, 48 ACC Comment 9–10; ARC Comment, V.S. 11–13. multi-car shipments of carload traffic Fauth 14; ARC Reply, V.S. Fauth 8–9. 43 ARC Comment, V.S. Fauth 12–14. 49 Based on tables attached to its comment, it 44 WCTL Comment 2, 11–13. 47 The percentage of E/L Ratios less than 2.0 appears UP calculated this figure by dividing the 45 ACC Comment 9. weighted by unit train car-miles is calculated by average haul miles by the average number of 46 Privately-owned and railroad-owned plain dividing unit train car-miles for E/L Ratios less than switches for commodity categories at the two-digit gondola, general service open-top hopper, and 2.0 by the total unit train car-miles for all reported Standard Transportation Commodity Code level in special service open-top hopper were reviewed. E/L Ratios. 2011 and 2012. (See UP Comment, App. C.)

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NPR.50 No party specifically URCS assumes an I&I switch every or more cars. In this Supplemental NPR, commented on UP’s study or proposed 4,162 miles in Phase III for intermodal the Board is proposing to reduce the figure. shipments. However, in calculating the number of cars in unit train movements We disagree with the implication that system-wide I&I switches for allocation to 75 or more. there is no link between an increase in in Phase II, URCS uses the 200-mile In justifying the originally proposed length of haul and an increase in I&I figure for intermodal that should be increase to 80 or more cars, the Board switching mileage. More than 70 years used only for carload shipments. AAR noted that train lengths have increased ago, when the ICC published the 200- and BNSF ask the Board to correct this over the years due to a variety of factors, mile value currently applied to carload inconsistency.52 ACC, however, objects including higher horsepower I&I switching, the agency recognized to this request, arguing that this change locomotives and advances in that a longer distance in I&I switching is outside the scope of the present distributive power. The Board then could be explained by a greater length proceeding.53 reviewed the 2010 Waybill Sample and of haul. See S. Doc. No. 78–63, at 119 AAR and BNSF have identified what determined that, for shipment sizes (1943). Since then, the railroad industry appears to be an administrative error in between 50 and 90, there was a higher has developed significant technological fully implementing a 1997 Board occurrence of 80-car movements than improvements, has consolidated decision regarding URCS. The Board any other shipment size. The Board thus through mergers, and has optimized and believes it is appropriate to correct that found that the empirical evidence reconfigured networks and yards. These, error in this proceeding. As pointed out supported the 80-car figure, but also as well as other changes, allow for by AAR and BNSF, although URCS sought comment on whether the Board longer distances between I&I switches. should apply a distance between I&I should consider an alternate figure in Taken together, there is a reasonable switches of 4,163 miles in Phase II, as defining unit train. basis to conclude that an increase in adopted by the Board in 1997, it does Although many parties either support length of haul correlates to an increase not.54 Instead, it applies the 200-mile or do not object to the Board’s in the distance between I&I switches. I&I switching distance (which is used proposal,56 ACC, ARC, and AECC either In response to the comments, the for single-car and multi-car shipments) oppose or raise concerns regarding the Board has updated its analysis of the for intermodal cars. In addition, for proposed change. First, ACC asserts that length of haul change between 1990 and some time now, URCS Phase III (both the Board should perform a study to 2011 to exclude unit train shipments, the Board’s waybill costing program and more appropriately determine the point which currently do not receive I&I the interactive Phase III movement at which shipments are transported as switching in URCS, and intermodal costing program) has applied a 4,162- unit train shipments and the variation of shipments, for which I&I occurs at a mile I&I switching distance for this definition across commodities and much greater distance (as explained intermodal movements, which is off by regions.57 However, as stated earlier, the below). Based on this revised analysis, one mile. Board does not believe it is necessary to the Board has calculated a revised In order to correct the treatment of I&I commit its limited resources to conduct average length of haul between I&I switching, an issue addressed earlier in the type of study that ACC appears to switches for carload traffic of 268 miles the Supplemental NPR and therefore advocate, particularly when there are rather than 320 miles. See workpaper within the scope of this proceeding, the other means of accounting for these ‘‘EP431S4_Length of Haul_I&I Supplemental NPR proposes to apply impacts. Switching.xlsx’’ (calculating length of the 4,163 switching factor previously Second, ARC’s witness, Fauth, argues haul between 1990 and 2011). This adopted by the Board for intermodal that changing the definition of unit train number is close to the result of UP’s shipments in Phase II as well as Phase to 80 cars, as was proposed in the NPR, study and is greater than the 200 mile III. As discussed later in this decision, could impact a significant amount of value for I&I switching currently used the Board will be issuing a revised traffic and would likely result in by URCS, which may be outdated. See Phase III movement costing program increases in variable costs for shipments 2 S.T.B. at 665 n.18. The fact that the that conforms that program to the ranging from 50 to 79 cars and perhaps results from UP’s study (i.e., 250 miles) Board’s 1997 decisions in Review of the would ‘‘deregulate’’ this traffic from the and the Board’s revised methodology General Purpose Costing System, 2 Board’s rate reasonableness 58 (i.e., 268 miles) produced similar results S.T.B. 659 (1997) and 2 S.T.B. 754 jurisdiction. It is worth noting, suggests that these numbers provide (1997). We will also conform the figure however, that setting the definition of reasonable estimates of the appropriate applied in the Board’s waybill costing unit train too low would incorrectly I&I switching mileage.51 We encourage program to what was adopted by the assign greater efficiencies to shipments parties to submit additional data and Board in 1997. in the 50 to 79 car range which would comment on this topic, and specifically Definition of Unit Train.55 In the NPR, understate the costs of those shipments request comment on whether the 250- the Board proposed to increase the and inappropriately distribute those mile figure proposed by UP or the number of cars in a unit train movement efficiencies onto single-car shipments. Board’s 268-mile figure appropriately from the current 50 or more cars to 80 Both of these concerns are addressed by reflects I&I switching in railroad the Supplemental NPR’s proposed operations. 52 AAR Comment 20–21; BNSF Comment 11 n.8. definition of unit train. Specifically, the Next, AAR and BNSF state that there 53 ACC Reply 12; ACC Reply, V.S. Mulholland 18. Supplemental NPR proposes to change is a technical error in URCS Phase II 54 In 1997, the Board determined that intermodal the definition to better reflect current related to I&I switching. Currently, shipments receive less switching than general railroad operations so that efficiencies single-car traffic, for which the distance between I&I in URCS better reflect the principle of switches was assumed to be every 200 miles. Based 50 UP Comment 13; UP Reply 4. on data submitted by AAR, the Board adopted a 51 Although UP’s study provides empirical 4,163-mile I&I switching distance for intermodal 56 AAR Comment 7 n.12; Montana Grain evidence on this issue, questions remain regarding movements. Review of Gen. Purpose Costing Sys., Comment 1; UP Comment 14; WCTL Comment 13. the study. For example, UP did not explain its 2 S.T.B. 754, 755 (1997). See generally BNSF Comment (no specific specific methodology and underlying assumptions, 55 Although the NPR used the term ‘‘trainload,’’ comment). nor did it explain why its study excluded certain because URCS treats these movements as unit train, 57 ACC Comment 10; ACC Reply, V.S. two-digit STCC groups. Therefore, the Board is this Supplemental NPR uses the term ‘‘unit train’’ Mulholland 15. requesting comments on UP’s study. to reflect how those shipments are costed. 58 ARC Comment, V.S. Fauth 15–17.

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cost causation as articulated in the However, in light of parties’ comments to the movement by multiplying total RAPB,59 regardless of which traffic and further evaluation of the available LUMs by a ratio of gross tons of the group may or may not be affected.60 The data, we propose to define unit train as shipment to average gross tons of the Board, therefore, believes that the consisting of 75 or more cars rather than train, such that the allocation of LUMs proposed unit train definition is a 80 or more cars. The Board believes that is based on the weight of the neutral solution that would more defining the minimum size for unit train shipment.67 appropriately distribute efficiencies shipments as starting at 75 cars is Although the calculation of total than current URCS does. appropriate for two reasons. First, the LUMs is the same for all shipment size Finally, AECC argues that shipments Board looks to the data reported in the categories, two values in the calculation of fewer than 80 cars are not combined R–1 reports for through trains and unit are derived from the R–1 reports and are with other shipments, such that the 80- trains. In the R–1 reports, unit train data specific to train type (i.e., way train, car standard does not reflect current is aggregated, which prohibits the through train, or unit train)—the average operations.61 AECC cites to the Board’s minimum size of unit train from being number of locomotives and the average data showing that, aside from UP, none determined. As a result, the Board is gross tons per train. For single-car or of the other major Class I railroads have using the weighted average train size of multi-car shipments, URCS derives an average through train length of over through train and unit train data to these two values from a combination of 58.8 cars. In its comments, AECC determine the break point between these the reported way and through train data. analyzes the through train data for three two train lengths and, accordingly, For unit train shipments, URCS derives Class I carriers, which shows an average determine the lower-end size of unit these two values from the reported unit through train length of 54.4 cars. train service.65 As evidenced in train data. However, URCS applies the AECC’s analysis, however, accounts workpaper ‘‘EP431S4_Unit Train same unit cost per LUM (which is based only for R–1 data for through trains, Definition.xlsx,’’ the weighted average on an average value of way, through, ignoring unit train data. The R–1 of through train and unit train R–1 data and unit trains also derived from the R– Schedule 755 Instructions define for the Class I carriers based on 2012 1 reports) to both unit train and non- ‘‘through train’’ as ‘‘those trains data is 77.5 cars and the weighted unit train shipments. The result is that operated between two or more major average based on 2013 data is 73.9 cars. URCS shifts from one cost curve to concentration or distribution point,’’ Both figures support the Board’s another when moving from a multi-car and ‘‘unit trains’’ as ‘‘a specialized proposed definition of 75 cars. shipment to a unit train shipment. Thus, scheduled shuttle type service in Second, the Board found that, using as explained in the NPR, a step function equipment (railroad- or privately- the NPR’s initial methodology of occurs between multi-car and unit train owned) dedicated to such service, reviewing the Waybill Sample, there is shipments, such that the LUM costs moving between origin and a high occurrence of 75-car movements assigned to large multi-car shipments destination.’’ The instructions also state compared to other shipment sizes are higher than the LUM costs assigned that ‘‘unit trains’’ data is not to be between 50 cars and 90 cars according to unit train shipments.68 included in ‘‘through’’ or ‘‘way’’ train to 2012 and 2013 data.66 Thus, based on To eliminate this step function, as 62 statistics. As a result, AECC’s analysis the comments and review of available noted, the NPR proposed two of through train data (showing an data, the Board finds that it is more modifications to how URCS allocates average through train length of 54.4 appropriate to define unit train service LUM costs. With regard to unit train cars) is not an appropriate basis for as 75 cars or more and revises its shipments, the NPR proposed to allocate determining the definition of unit train proposal accordingly. the entire train’s LUM costs to the 63 service. Locomotive Unit-Miles (LUMs). The trainload shipment, regardless of the The Board continues to believe that NPR expressed concern that the current gross tons of the unit train shipment the existing definition of a unit train at allocation for LUMs produced a step 64 relative to the average gross tons of a 50 or more cars should be increased. function between multi-car and unit particular train. With regard to non-unit train shipments, and therefore proposed train shipments, the NPR proposed to 59 In other words, costs would be assigned based two modifications—one for unit train base the allocation of LUM costs for on the operations of a service. For further shipments and one for non-unit train discussion of cost causation, see supra note 21 and single- and multi-car shipments on the the accompanying text. shipments. In this Supplemental NPR, number of cars in the shipment relative 60 Fauth also notes that NSR initiated a 75-car the Board proposes a different to the minimum number of cars of a unit shuttle train program, which would not be modification that would cap the LUMs considered unit train under the NPR’s proposal. train shipment. associated with multi-car shipments to Most commenters objected to the ARC Comment, V.S. Fauth 16. ARC and Fauth do be less than or equal to the LUMs not provide any further detail on this program; Board’s LUMs proposals. With regard to however, as discussed in this section, the Board’s allocated to the definition of a unit train unit train shipments, commenters revised proposal would treat these 75-car shipments shipment. argued that ignoring the relationship as unit train traffic. Currently, URCS calculates total between a shipment’s gross tons and the 61 AECC Comment 8–10. LUMs by multiplying the distance of a 62 average gross tons of the train was The R–1 Schedule 755 Instructions define ‘‘way particular movement by the average train’’ as ‘‘trains operated primarily to gather and problematic because it means that the number of locomotives for that type of distribute cars in road service and move them weight of the train would not be train. URCS then allocates these LUMs between way stations or way points.’’ factored into URCS. In particular, URCS 63 Using the methodology applied and the data currently assigns more LUM costs to source cited by AECC, but instead using unit train use the unit train statistics reported by the railroads data, an average unit train length is calculated to and, under this revised proposal, is used in the be 104.7 cars, which also suggests that the current CWB Adjustment to cause SEMs to be reduced by 67 The average gross tons for different types of unit train definition of 50 cars is too low. the same amount as is currently done by the make- trains are calculated by dividing gross ton-miles by 64 The NPR explained that, despite the fact that whole adjustment. train miles, both of which are reported by Class I the E/L Ratio would no longer be adjusted 65 Through trains are assumed to be shorter than carriers in Schedule 755 of the R–1 reports. exclusively for unit train movements, the definition unit trains. Therefore, the weighted average train 68 The step function does not occur on intermodal of unit train would continue to play a role because size of through and unit train data should shipments, as URCS applies only through train data URCS assumes that unit train movements receive determine the lower-end size of unit train service. to intermodal shipments. Therefore, all intermodal no I&I switching. Slip op. at 8. Additionally, the 66 The Waybill Sample reports the number of shipments are treated alike, regardless of the unit train definition determines which movements carloads in the shipment for all rail traffic. number of TCUs in the shipment.

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heavier trains because heavier trains allocation would generally continue to to those allocated to a 75-car shipment require more locomotives and consume be based on the gross tons of the (the minimum number of cars under our more fuel. Commenters argued that shipment relative to the average gross proposed definition of unit train).74 A ignoring differences in train weight tons of the train for both non-unit and positive step function is more likely to would produce less appropriate costing unit train shipments. This is responsive occur when the gross tons per car of the results, and that the step function to commenters’ concerns that the LUM unit train shipment are very low. As observed by the Board is not a function allocations should continue to account such, a positive step function should of the trailing weight adjustment at all. for shipment weight. We believe rarely happen. Therefore, at this time, it Commenters also noted that the Board’s capping the LUMs is an appropriate is not necessary to propose a change to proposal was not based on empirical method to eliminate the negative step train miles that would eliminate the studies that disprove the longstanding function produced by the current cost potential for positive step functions. assumption that heavier trains incur allocation for LUMs. It ensures that Other than capping the train miles higher locomotive costs.69 LUM costs for large multi-car shipments allocated to multi-car shipments, this With regard to the modification for are not higher than for unit train proposal would leave the allocation of non-unit train movements, many shipments, requires minimal changes to train miles unchanged: Unit train commenters argued that the Board’s current URCS, and would impact a shipments would continue to be proposal would produce less small percentage of traffic.72 allocated all the train miles, and the appropriate results because a car-based Train Miles. Train mile costs have two allocation for single-car and multi-car method is less appropriate than a components: Crew and other than crew. shipments would generally continue to shipment-weight based method. Although the NPR did not include a be based on the gross tons of the Commenters also argued that the proposal on train miles, the Board is shipment relative to the average gross Board’s proposal had no empirical basis addressing train mile allocation in this tons of the train. We believe that and that the Board’s proposed Supplemental NPR because it also has capping the train miles as described adjustment did not actually solve the the possibility of producing a negative above is an appropriate method to concern stated by the Board in the or positive step function. eliminate in most instances the NPR.70 Currently, for single-car and multi-car potential step function for train miles. It Having reviewed the comments, the shipments, URCS allocates train miles ensures that train mile costs for large Board concludes that the NPR’s in a similar manner to LUMs by multi-car shipments are not higher than proposed change to LUM costs did not multiplying the total train miles by the unit train shipments and requires adequately account for shipments with ratio of the gross tons of a shipment to minimal changes to current URCS. the average gross tons of the train. That heavier than system-average weights 5. Requested Modifications and, therefore, we are withdrawing the causes train miles to increase as Some parties made additional NPR’s proposals related to LUM costs. shipment weight increases. Unit train requests for modifications to URCS. For However, considering the step function shipments, however, receive all train example, AAR and BNSF asked the created by the current allocation, the miles, regardless of the weight of the Board to eliminate interterminal and Board finds that it is still appropriate to shipment relative to the average gross intraterminal switching, but retracted revise how URCS allocates LUMs. tons of unit trains. that request on reply and instead To eliminate the step function created The train mile allocation currently in requested that the Board correct an by the current LUM allocation, the URCS can produce a negative or underassignment of these costs.75 AAR Board proposes in Phase III to cap the positive step function between multi-car and UP asked the Board to address LUMs allocated to multi-car shipments and unit train shipments (under the regulatory reporting issues as they relate to be less than or equal to those current definition of unit train), such to positive train control and toxic-by- allocated to a 75-car shipment (the that the train miles assigned to a 49-car inhalation hazardous materials.76 AECC minimum number of cars under our shipment are lower or higher than the proposed a number of changes relating proposed definition of unit train).71 costs assigned to a 50-car shipment. to train and engine crew costs, private Doing this allows for a continuous slope Whether the step is negative or positive cars, fuel costs, tare weights, road with no break points between the single- (or whether it exists at all) depends on property investment and depreciation, multi-car slope and the unit train slope. the characteristics of the particular 73 and locomotives, among others.77 These This proposal otherwise leaves the shipment. To eliminate all instances where a requested modifications would greatly allocation of LUM costs the same: negative step function occurs, the expand the scope of this proceeding, Unlike the NPR’s proposal, the LUMs Supplemental NPR proposes in Phase III which the Board declines to do. The to cap the train miles allocated to multi- primary goal of this proceeding is to 69 AAR Comment 17–19; BNSF Comment 13–15; UP Comment 14–15. car shipments to be less than or equal address concerns related to the make- 70 AAR Comment 17–19; BNSF Comment 13–15; whole adjustment and concerns that UP Comment 15–16. 72 This proposal for LUMs would affect only a URCS created step functions, which 71 Unlike with SEMs and station clerical, where small portion of total traffic. Although the exact could create the opportunity for parties the Supplemental NPR proposes to apply the CWB shipment sizes that would be affected vary to use URCS to manipulate regulatory Adjustment in Phase III to redistribute efficiencies depending on, for example, the type of equipment derived from economies of scale, with respect to and carrier, the impact would fall on carload outcomes. Because the parties have LUMs there is no redistribution of efficiencies shipments generally at the higher end of the multi- either not shown that these requested derived from economies of scale. In Phase II, non- car range. Using 2013 Waybill Sample data, the modifications are related to the make- unit train LUMs reflect efficiencies of ‘‘way’’ and range of shipments that would be affected is 47 to ‘‘through’’ trains, and unit-train LUMs reflect the 74. Using this example, the total traffic impacted by 74 efficiencies inherent in unit train service, but the the proposal would be less than 0.08%. See The CWB Adjustment also is not applicable to efficiencies of unit trains are not redistributed or workpapers ‘‘LUMs Allocation_ClassIs.xlsx’’ and the train miles allocation for the same reasons it is added onto ‘‘way’’ and ‘‘through’’ trains in Phase ‘‘LUMs Allocation_Impact.xlsx.’’ not applicable to the LUMs allocation. See supra III. As a result, the Board finds that the CWB 73 This step function does not occur on note 72. Adjustment proposed in this Supplemental NPR is intermodal shipments in URCS’s waybill costing 75 AAR Comment 20; AAR Reply 8–9; BNSF not applicable to LUMs. Instead, the Supplemental program, as all intermodal shipments are treated Comment 10–11. NPR seeks only to smooth out the step function for alike, regardless of the number of TCUs in the 76 AAR Comment 21; UP Reply 6. LUMs. shipment. 77 AECC Comment 11–22.

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whole adjustment or step functions, or URCS data. For example, the Board’s rule, an agency is required to: (1) Assess that the requested modifications are Office of Economics annually calculates the effect that its regulation will have on necessary to appropriately calculate the Class I carriers’ revenue shortfall small entities; (2) analyze effective costs in URCS, the Board will not allocation methodology (RSAM) figure alternatives that may minimize a address such additional modifications and revenue-to-variable cost greater regulation’s impact; and (3) make the in this proceeding. than 180% (R/VC>180) ratios, as well as analysis available for public comment. 5 their four-year averages. See, e.g., U.S.C. 601–604. In its notice of 6. Phase III Movement Costing Program Simplified Standards for Rail Rate proposed rulemaking, the agency must URCS calculates the variable costs of Cases—2013 RSAM & R/VC>180 either include an initial regulatory a movement in Phase III. There are two Calculations, EP 689 (Sub-No. 6) (STB flexibility analysis, 603(a), or certify that versions of Phase III: The waybill served Sept. 3, 2015). For these types of the proposed rule would not have a costing program, which calculates the annual calculations, the Board proposes ‘‘significant impact on a substantial variable costs of movements in the to apply the proposed changes number of small entities,’’ 605(b). Waybill Sample, and the interactive prospectively. This means that, for Because the goal of the RFA is to Phase III movement costing program,78 calculations that require multiple years reduce the cost to small entities of which calculates variable costs based on of data—such as RSAM or R/VC>180— complying with federal regulations, the user-supplied information. The waybill there would be a brief period where the RFA requires an agency to perform a costing program calculates the make- averages include data calculated under regulatory flexibility analysis of small whole factors, whereas the interactive URCS’ current methodology and under entity impacts only when a rule directly Phase III movement costing program the proposed methodology described regulates those entities. In other words, applies the make-whole factors and uses herein. The Board does not believe that the impact must be a direct impact on them to estimate movement specific the changes proposed here need to be small entities ‘‘whose conduct is costs. The Board is aware of certain applied retroactively to these types of circumscribed or mandated’’ by the technical inconsistencies between the calculations. Although the Board proposed rule. White Eagle Coop. Ass’n waybill costing program and the believes these proposals will improve v. Conner, 553 F.3d 467, 478, 480 (7th movement costing program (e.g., our current costing procedures, the Cir. 2009). An agency has no obligation efficiency adjustments for intermodal proposed changes are simply to conduct a small entity impact shipments), and between both costing refinements to URCS, which has been in analysis of effects on entities that it does programs and the Board’s 1997 effect for over 20 years and has been not regulate. United Dist. Cos. v. FERC, decisions in Review of General Purpose relied on by industry participants and 88 F.3d 1105, 1170 (D.C. Cir. 1996). Costing System, 2 S.T.B. 659 (1997) and the public. Therefore, the prior URCS This proposal will not have a 2 S.T.B. 754 (1997) (e.g., the distance calculations using the current costing significant economic impact upon a between I&I switches for intermodal procedures will remain in effect. As the substantial number of small entities, movements). Because this proceeding Board strives to improve various aspects within the meaning of the RFA. The addresses issues relating to intermodal of URCS, we see no reason to revisit purpose of our changes to URCS is to movements, and these technical issues otherwise final calculations that have improve the Board’s general purpose pertain to intermodal movements, we been and are relied upon by the public. costing system, which is used to note here that the Board will be See, e.g., AEP Tex. N. Co. v. BNSF Ry., develop regulatory cost estimates for the releasing a revised Phase III movement NOR 41191 (Sub-No. 1), slip op. at 7– Class I rail carriers. These changes will costing program to reconcile these 10 (STB served May 15, 2009). result in more appropriate estimates of inconsistencies. Because the technical Conclusion Class I carrier variable costs. Therefore, corrections that will be made would We believe that the revised proposals the Board certifies under 49 U.S.C. merely implement procedures 605(b) that this proposed rule, if previously adopted after notice and described above would remedy most concerns about step functions currently promulgated, will not have a significant opportunity for comment, the revised economic impact on a substantial Phase III movement costing program in URCS, generally produce costs that better reflect the current state of rail number of small entities within the will be effective upon release. meaning of the RFA. The revised Phase III movement industry operations, and are responsive costing program will not include the to parties’ criticisms of the NPR. We Paperwork Reduction Act proposals in this Supplemental NPR. therefore invite public comment on each of the proposals described herein. In the NPR, the Board proposed The Board will release a further revised changes to two of its reporting Phase III movement costing program to Additional information supporting the Board’s revised proposal is requirements, and therefore sought implement any modifications adopted comment on two collections of by final rule in this proceeding. contained in the Board’s decision (including appendices) served on information pursuant to the Paperwork 7. Implementation August 4, 2016. To obtain a copy of this Reduction Act, 44 U.S.C. 3501–3549. Those modified collections were Several commenters noted that the decision, visit the Board’s Web site at submitted to the Office of Management NPR did not address how its proposal, http://www.stb.dot.gov or contact the and Budget (OMB) for review. Because if adopted, would be implemented.79 Board’s Office of Public Assistance, we are no longer proposing changes to The proposal here would impact Governmental Affairs, and Compliance the Board’s reporting requirements, we calculations that use multiple years of at (202) 245–0238. are withdrawing the Board’s requests to Regulatory Flexibility Act OMB for approval of those 78 The current version of the Phase III movement costing program (titled ‘‘URCS Phase III Railroad The Regulatory Flexibility Act of 1980 modifications. Cost Program’’) is available at http:// (RFA), 5 U.S.C. 601–612, generally It is ordered: www.stb.dot.gov/stb/industry/urcs.html. See also requires a description and analysis of 1. The Board proposes to adjust URCS supra note 2. 79 AAR Comment 19–20; ACC Comment 4, V.S. new rules that would have a significant as detailed in this decision. Notice of Mulholland 6–7; BNSF Comment 15; UP Comment economic impact on a substantial this decision will be published in the 18. number of small entities. In drafting a Federal Register.

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2. To assist commenters in reviewing enter FWS–R2–ES–2016–0077, which is The basis for our action. Under the this revised proposal, the Board will the docket number for this rulemaking. Act, we can determine that a species is make its workpapers available to Then, in the Search panel on the left an endangered or threatened species commenters subject to the customary side of the screen, under the Document based on any of five factors, acting alone Confidentiality Agreement. Type heading, click on the Proposed or in combination: (A) The present or 3. Comments are due by October 11, Rules link to locate this document. You threatened destruction, modification, or 2016; replies are due by November 7, may submit a comment by clicking on curtailment of its habitat or range; (B) 2016. ‘‘Comment Now!’’ overutilization for commercial, 4. A copy of this decision will be (2) By hard copy: Submit by U.S. mail recreational, scientific, or educational served upon the Chief Counsel for or hand-delivery to: Public Comments purposes; (C) disease or predation; (D) Advocacy, Office of Advocacy, U.S. Processing, Attn: FWS–R2–ES–2016– the inadequacy of existing regulatory Small Business Administration. 0077, U.S. Fish and Wildlife Service, mechanisms; or (E) other natural or 5. This decision is effective on its MS: BPHC, 5275 Leesburg Pike, Falls manmade factors affecting its continued service date. Church, VA 22041–3803. existence. We have determined that the Decided: August 2, 2016. We request that you send comments Texas hornshell is in danger of By the Board, Chairman Elliott, Vice only by the methods described above. extinction due to habitat loss from loss Chairman Miller, and Commissioner We will post all comments on http:// of water flow, decreased water quality, Begeman. www.regulations.gov. This generally and increased accumulation of fine Tia Delano, means that we will post any personal sediments (Factor A) and predation Clearance Clerk. information you provide us (see Public (Factor C). We will seek peer review. We will seek [FR Doc. 2016–18806 Filed 8–9–16; 8:45 am] Comments, below, for more information). comments from independent specialists BILLING CODE 4915–01–P to ensure that our determination is FOR FURTHER INFORMATION CONTACT: based on scientifically sound data, Chuck Ardizzone, U.S. Fish and assumptions, and analyses. We will DEPARTMENT OF THE INTERIOR Wildlife Service, Texas Coastal invite these peer reviewers to comment Ecological Services Field Office, 17629 on our listing proposal. Because we will Fish and Wildlife Service El Camino Real #211, Houston, TX consider all comments and information 77058; by telephone 281–286–8282; or we receive during the comment period, 50 CFR Part 17 by facsimile 281–488–5882. Persons our final determination may differ from [Docket No. FWS–R2–ES–2016–0077; who use a telecommunications device this proposal. 4500030113] for the deaf (TDD) may call the Federal We prepared a species status Information Relay Service (FIRS) at assessment report (SSA report) for the RIN 1018–BB34 800–877–8339. Texas hornshell. The SSA report Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: documents the results of the comprehensive biological status review and Plants; Endangered Species Executive Summary Status for Texas Hornshell for the Texas hornshell and provides an Why we need to publish a rule. Under account of the species’ overall viability AGENCY: Fish and Wildlife Service, the Act, if a species is determined to be through forecasting of the species’ Interior. an endangered or threatened species condition in the future (Service 2016, ACTION: Proposed rule. throughout all or a significant portion of entire). We received feedback from four its range, we are required to promptly scientists with expertise in freshwater SUMMARY: We, the U.S. Fish and publish a proposal in the Federal mussel biology, ecology, and genetics as Wildlife Service (Service), propose to Register and make a determination on peer review of the SSA report. The list the Texas hornshell (Popenaias our proposal within 1 year. Critical reviewers were generally supportive of popeii), a freshwater mussel species habitat shall be designated, to the our approach and made suggestions and from New Mexico and Texas, as an maximum extent prudent and comments that strengthened our endangered species under the determinable, for any species analysis. The SSA report and other Endangered Species Act (Act). If we determined to be an endangered or materials relating to this proposal can be finalize this rulemaking as proposed, it threatened species under the Act. found at http://www.regulations.gov would extend the Act’s protections to Listing a species as an endangered or under Docket No. FWS–R2–ES–2016– this species. threatened species and designations and 0077. DATES: We will accept comments revisions of critical habitat can only be Information Requested received or postmarked on or before completed by issuing a rule. October 11, 2016. Comments submitted This rulemaking proposes the listing Public Comments electronically using the Federal of the Texas hornshell (Popenaias We intend that any final action eRulemaking Portal (see ADDRESSES, popeii) as an endangered species. The resulting from this proposed rule will be below) must be received by 11:59 p.m. Texas hornshell is a candidate species based on the best scientific and Eastern Time on the closing date. We for which we have on file sufficient commercial data available and be as must receive requests for public information on biological vulnerability accurate and as effective as possible. hearings, in writing, at the address and threats to support preparation of a Therefore, we request comments or shown in FOR FURTHER INFORMATION listing proposal, but for which information from other concerned CONTACT by September 26, 2016. development of a listing regulation has governmental agencies, Native ADDRESSES: You may submit comments been precluded by other higher priority American tribes, the scientific by one of the following methods: listing activities. This proposed rule community, industry, or any other (1) Electronically: Go to the Federal reassesses all available information interested parties concerning this eRulemaking Portal: http:// regarding the status of and threats to the proposed rule. We particularly seek www.regulations.gov. In the Search box, Texas hornshell. comments concerning:

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(1) The Texas hornshell’s biology, in making a determination, as section Previous Federal Actions range, and population trends, including: 4(b)(1)(A) of the Act directs that We identified the Texas hornshell as (a) Biological or ecological determinations as to whether any a Category 2 candidate species in our requirements of the species, including species is an endangered or threatened January 6, 1989, Review of Vertebrate habitat requirements for feeding and species must be made ‘‘solely on the Wildlife (54 FR 554). Category 2 spawning; basis of the best scientific and candidates were defined as species for (b) Genetics and taxonomy; commercial data available.’’ which we had information that (c) Historical and current range, You may submit your comments and proposed listing was possibly including distribution patterns; materials concerning this proposed rule (d) Historical and current population appropriate, but conclusive data on by one of the methods listed in biological vulnerability and threats were levels, and current and projected trends; ADDRESSES. We request that you send and not available to support a proposed rule comments only by the methods at the time. The species remained a (e) Past and ongoing conservation described in ADDRESSES. measures for the species, its habitat, or Category 2 candidate in subsequent If you submit information via http:// annual candidate notices of review both. www.regulations.gov, your entire (2) Factors that may affect the (CNOR) (56 FR 58804, November 21, submission—including any personal continued existence of the species, 1991, and 59 FR 58982, November 15, identifying information—will be posted which may include habitat modification 1994). In the February 28, 1996, CNOR on the Web site. If your submission is or destruction, overutilization, disease, (61 FR 7596), we discontinued the made via a hardcopy that includes predation, the inadequacy of existing designation of Category 2 species as personal identifying information, you regulatory mechanisms, or other natural candidates; therefore, the Texas may request at the top of your document or manmade factors. hornshell was no longer a candidate that we withhold this information from (3) Biological, commercial trade, or species. public review. However, we cannot other relevant data concerning any Subsequently, in 2001, the Texas guarantee that we will be able to do so. threats (or lack thereof) to this species hornshell was added to the candidate We will post all hardcopy submissions and existing regulations that may be list (66 FR 54808, October 30, 2001). on http://www.regulations.gov. addressing those threats. Candidates are those fish, wildlife, and (4) Additional information concerning Comments and materials we receive, plants for which we have on file the historical and current status, range, as well as supporting documentation we sufficient information on biological distribution, and population size of this used in preparing this proposed rule, vulnerability and threats to support species, including the locations of any will be available for public inspection preparation of a listing proposal, but for additional populations of this species, on http://www.regulations.gov, or by which development of a listing rule is particularly in Mexico. appointment, during normal business precluded by other higher priority (5) Information related to climate hours, at the U.S. Fish and Wildlife listing activities. The Texas hornshell change within the range of the Texas Service, Texas Coastal Ecological was included in all of our subsequent hornshell and how it may affect the Services Field Office (see FOR FURTHER annual CNORs (67 FR 40657, June 13, species’ habitat. INFORMATION CONTACT). 2002; 69 FR 24876, May 4, 2004; 70 FR (6) The reasons why areas should or Public Hearing 24870, May 11, 2005; 71 FR 53756, should not be designated as critical September 12, 2006; 72 FR 69034, habitat as provided by section 4 of the Section 4(b)(5) of the Act provides for December 6, 2007; 73 FR 75176, Act (16 U.S.C. 1531 et seq.) one or more public hearings on this December 10, 2008; 74 FR 57804, (7) Specific information on: proposal, if requested. Requests must be November 9, 2009; 75 FR 69222, (a) The amount and distribution of received within 45 days after the date of November 10, 2010; 76 FR 66370, habitat for the Texas hornshell; publication of this proposed rule in the October 26, 2011; 77 FR 69994, (b) What areas, that are currently Federal Register (see DATES, above). November 21, 2012; 78 FR 70104; occupied and that contain the physical Such requests must be sent to the November 22, 2013; 79 FR 72450, and biological features essential to the address shown in FOR FURTHER December 5, 2014; and 80 FR 80584, conservation of the Texas hornshell, INFORMATION CONTACT. We will schedule December 24, 2015). On May 11, 2004, should be included in a critical habitat public hearings on this proposal, if any we were petitioned to list the Texas designation and why; are requested, and announce the dates, hornshell, although no new information (c) Special management times, and places of those hearings, as was provided in the petition. Because considerations or protection that may be well as how to obtain reasonable we had already found the species needed for the essential features in accommodations, in the Federal warranted listing, no further action was potential critical habitat areas, including Register and local newspapers at least taken on the petition. managing for the potential effects of 15 days before the hearing. On September 9, 2011, the Service climate change; and Peer Review entered into two settlement agreements (d) What areas not occupied at the regarding species on the candidate list time of listing are essential for the In accordance with our joint policy on at that time (Endangered Species Act conservation of the species and why. peer review published in the Federal Section 4 Deadline Litigation, No. 10– Please include sufficient information Register on July 1, 1994 (59 FR 34270), 377 (EGS), MDL Docket No. 2165 with your submission (such as scientific we will seek the expert opinions of five (D.D.C. May 10, 2011)). This proposed journal articles or other publications) to appropriate and independent specialists listing rule fulfills the requirements of allow us to verify any scientific or regarding this proposed rule. The those settlement agreements for the commercial information you include. purpose of peer review is to ensure that Texas hornshell. Please note that submissions merely our listing determination is based on stating support for or opposition to the scientifically sound data, assumptions, Background action under consideration without and analyses. We invite comment from A thorough review of the taxonomy, providing supporting information, the peer reviewers during the public life history, ecology, and overall although noted, will not be considered comment period on this proposed rule. viability of the Texas hornshell

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(Popenaias popeii) is presented in the ready for release. These mature larvae, individuals were captured and marked Species Status Assessment Report for called glochidia, are obligate parasites in the Black River in New Mexico in the Texas Hornshell (SSA report) (cannot live independently of their 1997, and were recaptured 15 years later (Service 2016; available at http:// hosts) on the gills, head, or fins of fishes (Inoue et al. 2014, p. 5). Species in the www.regulations.gov). The SSA report (Vaughn and Taylor 1999, p. 913). subfamily Ambleminae, which includes documents the results of the Glochidia die if they fail to find a host Texas hornshell, commonly live more comprehensive biological status review fish, attach to a fish that has developed than 20 years (Carman 2007, p. 9), so we for the Texas hornshell and provides an immunity from prior infestations, or assume the Texas hornshell can live at account of the species’ overall viability attach to the wrong location on a host least 20 years. through forecasting of the species’ fish (Neves 1991, p. 254; Bogan 1993, p. Little is known about the specific condition in the future (Service 2016, 599). Glochidia encyst (enclose in a feeding habits of Texas hornshell. Like entire). In the SSA report, we cyst-like structure) on the host’s tissue, all adult freshwater mussels, Texas summarized the relevant biological data draw nutrients from the fish, and and a description of past, present, and develop into juvenile mussels weeks or hornshell are filter feeders, siphoning likely future stressors and conducted an months after attachment (Arey 1932, pp. suspended phytoplankton and detritus analysis of the viability of the species. 214–215). from the water column (Yeager et al. The SSA report provides the scientific For the Texas hornshell, spawning 1994, p. 221; Carman 2007, p. 8). basis that informs our regulatory generally occurs from March through Habitat and Range decision regarding whether this species August (Smith et al. 2003, p. 335), and should be listed as an endangered or fertilized eggs are held in the marsupial Adult Texas hornshell occur in threatened species under the Act. This chambers of females for 4 to 6 weeks medium to large rivers, in habitat not decision involves the application of (Smith et al. 2003, p. 337). Glochidia are typical for most mussel species: In standards within the Act, its released in a sticky mucous net or string crevices, undercut riverbanks, travertine implementing regulations, and Service (Carman 2007, p. 9); the host fish likely shelves, and under large boulders policies (see Determination, below). The swim into the nets, and the glochidia adjacent to runs (Carman 2007, p. 6; SSA report contains the risk analysis on generally attach to the face or gills of the Randklev et al. 2015, p. 8), although in which this determination is based, and fish and become encysted in its tissue the Devils River, the species is found in the following discussion is a summary (Levine et al. 2012, pp. 1858). The gravel beds at the heads of riffles and of the results and conclusions from the glochidia will remain encysted for about rapids (Randklev et al. 2015, p. 8). SSA report. We solicited peer review of a month through transformation to the Small-grained material, such as clay, the draft SSA report from five qualified juvenile stage. Once transformed, the silt, or sand, gathers in these crevices experts. We received responses from juveniles will excyst from the fish and and provides suitable anchoring four of the reviewers, and we modified drop to the substrate. The known substrate. These crevices are considered the SSA report as appropriate. primary host fishes for the Texas to be flow refuges from the large flood hornshell are river carpsucker Species Description events that occur regularly in the rivers (Carpiodes carpio), grey redhorse this species occupies. Texas hornshell The Texas hornshell is a medium (Moxostoma congestum), and red shiner are able to use these flow refuges to sized (3 to 4 inches long) freshwater (Cyprinella lutrensis) (Levine et al. avoid being swept away as large mussel with a dark brown to green, 2012, pp. 1857–1858). volumes of water move through the elongate, laterally compressed shell Mussels are generally immobile but system, as there is relatively little (Howells et al. 1996, p. 93; Carman experience their primary opportunity particle movement in the flow refuges, 2007, p. 2). The Texas hornshell was for dispersal and movement within the even during flooding (Strayer 1999, p. described by Lea (1857, p. 102) from the stream as glochidia attached to a mobile 472). Texas hornshell are not known Devils River in Texas and Rio Salado in host fish (Smith 1985, p. 105). Upon from lakes, ponds, or reservoirs. Mexico. Currently, the Texas hornshell release from the host, newly is classified in the unionid subfamily transformed juveniles drop to the The Texas hornshell historically Ambleminae (Campbell et al. 2005, pp. substrate on the bottom of the stream. ranged throughout the Rio Grande 140, 144) and is considered a valid Those juveniles that drop in unsuitable drainage in the United States (New taxon by the scientific community substrates die because their immobility Mexico and Texas) and Mexico as well (Turgeon et al. 1998, p. 36). prevents them from relocating to more as Mexican Gulf Coast streams south to Freshwater mussels, including the favorable habitat. Juvenile freshwater the northern Mexican state of Veracruz Texas hornshell, have a complex life mussels burrow into interstitial (Johnson 1999, p. 23). Currently, five history. Males release sperm into the substrates and grow to a larger size that known populations of Texas hornshell water column, which are taken in by the is less susceptible to predation and remain in the United States: Black River female through the incurrent siphon displacement from high flow events (Eddy County, New Mexico), Pecos (the tubular structure used to draw (Yeager et al. 1994, p. 220). Throughout River (Val Verde County, Texas), Devils water into the body of the mussel). The the rest of their life cycle, mussels River (Val Verde County, Texas), Lower sperm fertilizes the eggs, which are held generally remain within the same small Canyons of the Rio Grande (Brewster during maturation in an area of the gills area where they excysted from the host and Terrell Counties, Texas), and Lower called the marsupial chamber. The fish. Rio Grande near Laredo (Webb County, developing larvae remain in the gill Life span is not known for the Texas Texas) (Map 1). They are described chamber until they mature and are hornshell, although two adult briefly below.

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Black River: The Black River, in Eddy Pecos River: In the Pecos River, about the population. The population County, New Mexico, originates from inundation from Amistad Reservoir has appears to be extremely small, and no several groundwater-fed springs and resulted in the extirpation of Texas evidence of reproduction was noted. flows approximately 30 miles (mi) (48 hornshell from the lower reaches of the Devils River: Texas hornshell were kilometers (km)) through the river. Additionally, salinity levels are historically found in the Devils River Chihuahuan Desert until its confluence too high for freshwater mussel and were known to occupy only the with the Pecos River (Inoue et al. 2014, habitation in much of the Pecos River lower reaches of the river, which are p. 3) near Malaga, New Mexico. from the confluence with the Black currently inundated by Amistad Extensive population monitoring (Lang River in New Mexico, downstream to Reservoir (Neck 1984, p. 11; Johnson 2001, entire; 2006, entire; 2010, entire; the confluence with Independence 1999, p. 23; Burlakova and Karatayev 2011, entire) and a long-term mark- Creek. However, three live Texas 2014, p. 19). In recent years, 11 recapture study (Inoue et al. 2014, hornshell were collected from a small individuals were collected from section of the Pecos River downstream entire) have yielded significant upstream in the Devils River between of the confluence with Independence information about the population size 2008 and 2014 (Burlakova and Creek and upstream of Amistad and extent. Texas hornshell occur in Karatayev 2014, p. 16; Karatayev et al. Reservoir near Pandale in Val Verde 2015, p. 4). More intensive surveys approximately 8.7 mi (14.0 km) of the County, Texas, as well as 37 shells middle Black River, between two low- conducted in 2014 and 2015, including (Bosman et al. 2016, p. 6; Randklev et 11 sites, have yielded 48 individuals at head (small) dams (Lang 2001, p. 20). al. 2016, p. 9). Farther downstream, The total population size has been two sites: All from The Nature only dead shells were found in 2016, Conservancy’s Dolan Falls Preserve estimated at approximately 48,000 although they were numerous (Bosman except for a singleton at the Devils River individuals (95 percent confidence et al. 2016, p. 6; Randklev et al. 2016, State Natural Area’s Dan A. Hughes Unit interval: 28,849–74,127) (Inoue et al. p. 9). Live individuals had not been (formerly known as the Big Satan Unit) 2014, p. 7), with a diversity of size collected at this location since 1973 (Randklev et al. 2015, pp. 6–7). Because classes, primarily aggregated in flow (Randklev et al. 2016, p. 4). of the increased number of individuals refuges within narrow riffles. The Because the sample size of live collected in 2014 and 2105, it is likely population remained relatively stable individuals is so small (three live that the Devils River population is more over the 15 year study period from 1997 individuals found in recent months), it numerous than previously thought, to 2012 (Inoue et al. 2014, p. 6). is difficult to draw many conclusions although we do not expect that this

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population is particularly large based on (Randklev et al. 2015, p. 7). Throughout redundancy, and representation, we the limited number of collections to this reach, the density of Texas describe the species’ level of viability date. Interestingly, Texas hornshell in hornshell is estimated 170 ± 131 over time. For the Texas hornshell to the Devils River occupy different individuals per suitable (rocky) habitat maintain viability, its populations or habitats than those in the rest of the site (Randklev et al. 2015, p. 7). Young some portion thereof must be resilient. range; instead of being found under rock individuals and gravid females have A number of factors influence the slabs and in travertine shelves, they been found throughout the Laredo resiliency of Texas hornshell occupy gravel beds at the heads of riffles reach, indicating reproduction and populations, including occupied stream or in clean-swept pools with bedrock recruitment are occurring (Randklev et length, abundance, and recruitment. (Randklev et al. 2015, p. 8). Even though al. 2015, p. 8). No live Texas hornshell Elements of Texas hornshell habitat that the number of collected individuals is have been found downstream of the city determine whether Texas hornshell small, several young individuals were of Laredo in recent years. populations can grow to maximize found, as well as females brooding Mexico: A large portion of the Texas habitat occupancy influence those glochidia (gravid females) (Randklev et hornshell’s estimated historical range is factors, thereby increasing the resiliency al. 2015, p. 8), indicating reproduction in Mexico. The species occurred in the of populations. These resiliency factors and recruitment (offspring survive to Rio Salado basin, which is a tributary to and habitat elements are discussed here. join the reproducing population) are the Rio Grande in Mexico, and in Occupied Stream Length: Most occurring in the Devils River approximately 15 rivers that flow into freshwater mussels, including Texas population. the Gulf of Mexico. At one time, one- hornshell, are found in aggregations, Rio Grande—Lower Canyons: One of half to two-thirds of the species’ range called mussel beds, that vary in size two remaining populations of Texas may have been in Mexico. from about 50 to greater than 5,000 hornshell in the Rio Grande is found in Unfortunately, the most recent live square meters (m2) (540 to greater than the Lower Canyons, just downstream of collections of Texas hornshell in Mexico 53,800 square feet (ft2)), separated by Big Bend National Park, in Terrell occurred in the 1980s (Mussel Project stream reaches in which mussels are County, Texas. Burlakova and Karatayev 2015, entire), and we have very few absent or rare (Vaughn 2012, p. 983). (2014, p. 16) found the species in low records of surveys with positive or Resilient Texas hornshell populations density (approximately 40 individuals negative collection data since that time. must occupy stream reaches sufficient per km) in this region of the Rio Grande. We have no information on population in length such that stochastic events Subsequent surveys by Randklev et al. size or extent during those times of that affect individual mussel beds do (2015, entire) confirmed the presence of collection, and we also have no not eliminate the entire population. Texas hornshell in approximately 18.5 information on whether populations of Repopulation by fish infested with mi (30 km) of the Lower Canyons in two Texas hornshell still occur in one or Texas hornshell glochidia from other sections, finding that the species more of these streams; therefore, we mussel beds within the reach, if present occupies approximately 63 percent of have very low confidence in the species’ and connected, can allow the sites with suitable (rocky) habitat. For current condition throughout most of population to recover from these events. purposes of this analysis, we presume the Mexican range. One or more of these Abundance: Mussel abundance in a the entire section between these populations may still be extant, or they given stream reach is a product of the collections, approximately 62 mi (100 may all be extirpated. number of mussel beds times the km), is occupied. Sites in the Rio density of mussels within those beds. Species Needs Grande—Lower Canyons reach vary in For populations of Texas hornshell to be density, with the densest sites near Texas hornshell need seams of fine resilient, there must be many mussel Sanderson Canyon, Terrell County, sediment in crevices, undercut beds of sufficient density (∼200 Texas, and decreasing downstream riverbanks, travertine shelves, and large individuals per 150 m2 (1,614 ft2); see (Randklev et al. 2015, p. 13); the average boulders in riverine ecosystems with SSA report for more discussion) such density of Texas hornshell at each site flowing water and periodic cleansing that local stochastic events do not is lower compared to the Black River flows to keep the substrate free of fine necessarily eliminate the bed(s), and Rio Grande—Laredo (5 ± 14 sediment accumulation. They need allowing the mussel bed and the overall individuals per site). Texas hornshell water quality parameters to be within a population in the stream reach to may occur between the known occupied suitable range (i.e., dissolved oxygen recover from any one event. We measure sections, near the confluence with San above 3 milligrams/liter (mg/L), salinity Texas hornshell abundance by the Francisco Creek (Howells 2001a, p. 6), below 0.9 parts per thousand, and number of beds within the population, but limited access has prevented recent ammonia below 0.7 mg/L (Sparks and and the estimated density of Texas surveys from determining current Strayer 1998, p. 132; Augspurger et al. hornshell within each. occupancy of this reach. Young 2003, p. 2574; Augspurger et al. 2007, p. Reproduction: Resilient Texas individuals and gravid females have 2025; Carman 2007, p. 6)) and hornshell populations must also be been found throughout the Lower phytoplankton as food. Finally, Texas reproducing and recruiting young Canyons reach, indicating recruitment is hornshell need host fish to be present individuals into the reproducing occurring (Randklev et al. 2015, p. 8). during times of spawning. population. Population size and Rio Grande—Laredo: The largest We describe the Texas hornshell’s abundance reflects previous influences Texas hornshell population occurs from viability by characterizing the status of on the population and habitat, while Laredo, Texas (near La Bota Ranch just the species in terms of its resiliency reproduction and recruitment reflect northwest of Laredo), upstream (ability of the populations to withstand population trends that may be stable, approximately 56 mi (90 km) (Randklev stochastic events), redundancy (ability increasing, or decreasing. Detection of et al. 2015, p. 7). The density in this of the species to withstand large-scale, very young juvenile mussels during reach is high, with some habitat patches catastrophic events), and representation routine abundance and distribution containing more than 8,000 individuals (the ability of the species to adapt to surveys happens extremely rarely due to (Karatayev et al. 2015, p. 4) and 100 changing environmental conditions). sampling bias; sampling for this species percent of surveyed patches of suitable Using various time frames and the involves tactile searches, and mussels habitat containing Texas hornshell current and projected resiliency, below about 35 millimeters (mm) (1.4

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inches (in)) are very hard to detect. extirpated. As such, maintaining the Increased Fine Sediment Therefore, reproduction is verified by remaining representation in the form of repeatedly capturing small-sized genetic diversity may be important to Texas hornshell require seams of fine individuals near the low end of the the capacity of the Texas hornshell to sediment under boulders and bedrock detectable range size (about 35 mm (1.4 adapt to future environmental change. and in streambanks in order to anchor themselves into place on the stream in)) over time and by capturing gravid Finally, the Texas hornshell needs to females during the reproductively active bottom; however, too much fine have multiple resilient populations sediment can fill in these crevices and time of year (generally, March through distributed throughout its range to August (Smith et al. 2003, p. 335)). smother any mussels within those provide for redundancy, the ability of Substrate: Texas hornshell occur in spaces. Under natural conditions, fine flow refuges such as crevices, undercut the species to withstand catastrophic sediments collect on the streambed and riverbanks, travertine shelves, and large events. The more populations, and the in crevices during low flow events, and boulders. These refuges must have wider the distribution of those they are washed downstream during seams of clay or other fine sediments populations, the more redundancy the high flow events (also known as within which the mussels may anchor, species will exhibit. Redundancy cleansing flows). However, the but not so much excess sediment that reduces the risk that a large portion of increased frequency of low flow events the mussels are smothered. Those areas the species’ range will be negatively (from groundwater extraction, instream with clean-swept substrate with seams affected by a catastrophic natural or surface flow diversions, and drought), of fine sediments are considered to have anthropogenic event at a given point in combined with a decrease in cleansing suitable substrate, and those with time. Species that are well-distributed flows (from reservoir management and copious fine sediment both in crevices across their historical range are drought), has caused sediment to and on the stream bottom are considered less susceptible to extinction accumulate to some degree at all considered less suitable. and have higher viability than species populations. When water velocity Flowing Water: Texas hornshell need confined to a small portion of their decreases, which can occur from flowing water for survival. They are not range (Carroll et al. 2010, entire; reduced streamflow or inundation, found in lakes or in pools without flow, Redford et al. 2011, entire). water loses its ability to carry sediment or in areas that are regularly dewatered. in suspension; sediment falls to the Summary of Biological Status and River reaches with continuous flow are substrate, eventually smothering Threats considered suitable habitat, while those mussels that cannot adapt to soft with little or no flow are considered not The Act directs us to determine substrates (Watters 2000, p. 263). suitable. whether any species is an endangered Sediment accumulation can be Water Quality: Freshwater mussels, as species or a threatened species because exacerbated when there is a a group, are sensitive to changes in of any factors affecting its continued simultaneous increase in the sources of water quality parameters such as existence. We completed a fine sediments in a watershed. In the dissolved oxygen, salinity, ammonia, comprehensive assessment of the range of Texas hornshell, these sources and pollutants (i.e., dissolved oxygen biological status of the Texas hornshell, include streambank erosion from above 3 mg/L, salinity below 0.9 parts and prepared a report of the assessment, agricultural activities, livestock grazing, per thousand, and ammonia below 0.7 which provides a thorough account of and roads, among others. mg/L (Sparks and Strayer 1998, p. 132; the species’ overall viability. In this Interstitial spaces (small openings Augspurger et al. 2003, p. 2574; section, we summarize the conclusions between rocks and gravels) in the Augspurger et al. 2007, p. 2025; Carman of that assessment, which can be substrate provide essential habitat for 2007, p. 6)). Habitats with appropriate accessed at Docket No. FWS–R2–ES– levels of these parameters are juvenile mussels. Juvenile freshwater 2016–0077 on http:// considered suitable, while those mussels burrow into interstitial www.regulations.gov. habitats with levels outside of the substrates, making them particularly susceptible to degradation of this habitat appropriate ranges are considered less Risk Factors suitable. feature. When clogged with sand or silt, Maintaining representation in the We reviewed the potential risk factors interstitial flow rates and spaces may form of genetic or ecological diversity is (i.e., threats, stressors) that could be become reduced (Brim Box and Mossa important to maintain the Texas affecting the Texas hornshell now and 1999, p. 100), thus reducing juvenile hornshell’s capacity to adapt to future in the future. In this proposed rule, we habitat availability. environmental changes. Texas hornshell will discuss only those factors in detail All populations of Texas hornshell populations in the Rio Grande and that could meaningfully impact the face the risk of fine sediment Devils River (and, presumably, the status of the species. Those risks that are accumulation to varying degrees. Pecos River, due to its proximity to Rio not known to have effects on Texas Elimination of Texas hornshell from Grande populations) have distinct hornshell populations, such as mussel beds due to large amounts of variation in allele frequencies from collection and disease, are not discussed sediment deposition has been those in the Black River (Inoue et al. here. The primary risk factors (i.e., documented on the Black River in two 2015, p. 1916). We expect additional threats) affecting the status of the Texas locations in recent years. In the future, variation was present in Mexican hornshell are: (1) Increased fine we expect this may continue to occur populations. Mussels, like Texas sediment (Factor A from the Act), (2) sporadically. Fine sediments are also hornshell, need to retain populations water quality impairment (Factor A), (3) accumulating at the Rio Grande—Laredo throughout their range to maintain the loss of flowing water (Factor A), (4) population. Low water levels on the overall potential genetic and life-history barriers to fish movement (Factor E), Devils River will likely lead to attributes that can buffer the species’ and (5) increased predation (Factor C). additional sediment accumulation at response to environmental changes over These factors are all exacerbated by this population, as well. In the future, time (Jones et al. 2006, p. 531). The climate change. Finally, we reviewed we expect lower flows to occur more Texas hornshell has likely lost genetic the conservation efforts being often at all populations and for longer diversity as populations have been undertaken for the species. periods due to climate change.

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Water Quality Impairment downstream of the Texas hornshell in the constantly cold hypolimnion Water quality can be impaired population has had salinity levels in the (deepest portion of the reservoir) in through contamination or alteration of range of 6 ppm, which may be one these reservoirs may never reproduce, or water chemistry. Chemical reason the population has been reproduce less frequently. Additionally, contaminants are ubiquitous throughout extirpated from the downstream reach. the effects of these reservoirs extend the environment and are a major reason Contaminant spills are also a concern. beyond inundation and fragmentation of for the current declining status of In particular, the Black River population populations; the reservoirs are managed freshwater mussel species nationwide is vulnerable to spills from the high for flood control and water delivery, and (Augspurger et al. 2007, p. 2025). volume of truck traffic crossing the river the resultant downstream releases rarely Chemicals enter the environment at low water access points (Bren School mimic natural flow regimes, tempering of Environmental Management 2014, p. through both point and nonpoint the natural fluctuations in flow that 26). Due to the topography and steep discharges, including spills, industrial flush fine sediments from the substrate. slopes of these areas, spilled At the Rio Grande—Laredo sources, municipal effluents, and contaminants and contaminated soils population, a low-water weir has been agricultural runoff. These sources could directly enter the surface water of proposed for construction (Rio Grande contribute organic compounds, heavy the river and negatively impact the Regional Water Planning Group 2016, p. metals, pesticides, herbicides, and a species (Boyer 1986, p. 300) and 8–8). The dam would be located just wide variety of newly emerging downstream habitat. For the smaller downstream of the La Bota area, which contaminants to the aquatic populations (Black, Devils, Pecos contains the largest known and most environment. Ammonia is of particular rivers), a single spill could eliminate the dense Texas hornshell bed within the concern below water treatment plants entire population. Rio Grande—Laredo population and because freshwater mussels have been A reduction in surface flow from rangewide. The impounded area would shown to be particularly sensitive to drought, instream diversion, or extend approximately 14 mi (22.5 km) increased ammonia levels (Augspurger groundwater extraction concentrates upstream, effectively eliminating habitat et al. 2003, p. 2569). It is likely for this contaminant and salinity levels, for Texas hornshell from 25 percent of reason that Texas hornshell are not increases water temperatures in streams, the currently occupied area and likely found for many miles downstream of and exacerbates effects to Texas leading to extirpation of the densest two wastewater treatment plants that hornshell. sites within this population. discharge into the Rio Grande: at Nuevo Poor water quality affects most Texas Very low water levels are detrimental Laredo, Mexico, and at Eagle Pass, hornshell populations currently to some to Texas hornshell populations, as well. Texas (Karatayev et al. 2015, p. 14). degree, and future water quality is Effects of climate change have already An additional type of water quality expected to decrease due to decreasing begun to affect the regions of Texas and impairment is alteration of water quality river flow and increasing temperatures. New Mexico where the Texas hornshell parameters such as dissolved oxygen, The Pecos River experiences very high occurs, resulting in higher air temperature, and salinity levels. salinity levels upstream of the existing temperatures, increased evaporation, Dissolved oxygen levels may be reduced population, and we expect that the increased groundwater pumping, and from increased nutrients in the water observed high mortality of the Pecos changing precipitation patterns such column from runoff or wastewater River population is due to salinity that water levels rangewide have effluent, and juveniles seem to be pulses. Rangewide, as water flow is already reached historic lows (Dean and particularly sensitive to low dissolved expected to decrease due to climate Schmidt 2011, p. 336; Bren School of oxygen (Sparks and Strayer 1998, pp. change, water quality will decline. Environmental Management 2014, p. 132–133). Increased water temperature 50). The rivers inhabited by Texas Loss of Flowing Water from climate change and from low flows hornshell have some resiliency to during drought can exacerbate low Texas hornshell populations need drought because they are spring-fed dissolved oxygen levels as well as have flowing water in order to survive. Low (Black and Devils Rivers) and very large its own effects on both juvenile and flow events (including stream drying) (Rio Grande), but drought in adult mussels. Finally, salinity appears and inundation can eliminate combination with increased to be particularly limiting to Texas appropriate habitat for Texas hornshell, groundwater pumping and regulated hornshell. The aquifer near Malaga, and while the species can survive these reservoir releases may lead to lower New Mexico, contains saline water. As events if they last for a short time, river flows of longer duration than have the saline water emerges from the populations that experience these been recorded in the past. Streamflow in ground, it is diluted by surface flow. As events regularly will not persist. the Rio Grande downstream of the surface flow decreases, however, the Inundation has primarily occurred confluence with the Rio Conchos (near concentration of salinity in the river upstream of dams, both large (such as the Rio Grande-Lower Canyons increases. Additionally, aquifers have Amistad, Falcon, and Red Bluff Dams) population) has been declining since the become increasingly saline due to and small (low water crossings and 1980s (Miyazono et al. 2015, p. A–3), salinized water recharge (Hoagstrom diversion dams, such as those on the and overall river discharge for the Rio 2009, p. 35). Irrigation return flows Black River). Inundation causes an Grande is projected to continue to exacerbate salinity levels as salts build increase in sediment deposition, decline due to increased drought as a up on irrigated land and then are eliminating the crevices this species result of climate change (Nohara et al. washed into the riverway. The Pecos inhabits. In large reservoirs, deep water 2006, p. 1087). The Rio Conchos River from the confluence with the is very cold and often devoid of oxygen contributes more than 90 percent of the Black River to the confluence with and necessary nutrients. Cold water flow of the lower Rio Grande (Dean and Independence Creek has become (less than 11 degrees Celsius (°C) (52 Schmidt 2011, p. 4). However, during particularly saline in the past few degrees Fahrenheit (°F))) has been times of drought (such as between 1994 decades, with levels at 7 parts per shown to stunt mussel growth (Hanson and 2003), Mexico has fallen short of its million (ppm) or higher, which is too et al. 1988, p. 352). Because glochidial water delivery commitments, and so the high for freshwater mussel habitation. release may be temperature dependent, contribution of the Rio Conchos has Additionally, the Black River it is likely that relict individuals living fallen to as low as 40 percent (Carter et

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al. 2015, p. 15). The Rio Grande—Lower Barriers to Fish Movement pose a significant risk to any given Canyons population is downstream of Two of the Texas hornshell’s primary population. However, during periods of the confluence with the Rio Conchos host fish species (river carpsucker and low flow, terrestrial predators have and is at risk from these reduced red shiner) are known to be common, increased access to portions of the river deliveries. The Rio Grande—Lower widespread species. We do not expect that are otherwise too deep under Canyons is very incised (in other words, the distribution of host fish to be a normal flow conditions. High levels of has vertical banks), and the population limiting factor in Texas hornshell predation during drought have been occurs in crevices along the steep banks. distribution. However, the barriers that observed on the Devils River, and muskrat predation has also been Due to the habitat characteristics of this prevent fish movement upstream and reported on the Black River. As drought population, reductions in discharge in downstream affect the viability of Texas and low flow conditions are predicted this area may lead to a higher hornshell. to occur more often and for longer proportion of the Texas hornshell Texas hornshell were likely periods due to the effects of climate population being exposed than would historically distributed throughout the change, the Black and Devils Rivers are be found in other populations Rio Grande, Pecos River, Devils River, expected to experience additional experiencing similar flow decreases. and Black River in Texas and New predation pressure into the future. Mexico, as well as throughout the rivers In the Black River, surface water is Predation is expected to be less of a draining to the Gulf of Mexico from removed from the river for irrigation, concern for the Rio Grande populations, which the species was known when few including the Carlsbad Irrigation as the river is significantly larger than natural barriers existed to prevent District’s Black River Canal at the the Black and Devils Rivers and Texas migration (via host species) among diversion dam. Studies have shown that hornshell are less likely to be found in flows in the river are affected by suitable habitats. The species colonized exposed or very shallow portions of the groundwater withdrawals, particularly new areas through movement of infested stream. those from the Black River Valley. host fish, and newly metamorphosed Groundwater in the Black River juveniles would excyst from host fish in Effects of Climate Change watershed is also being used for new locations. Today, the remaining Climate change in the form of the hydraulic fracturing for oil and gas populations are significantly isolated change in timing and amount of activities. Between 4.3 acre-feet from one another such that precipitation and air temperature (187,308 ft3 (5,304 m3)) and 10.7 acre- recolonization of areas previously increase is occurring, and continued feet (466,091 ft3 (13,198 m3)) of water is extirpated is extremely unlikely if not greenhouse gas emissions at or above used for each hydraulic fracturing job impossible due to existing current rates will cause further warming (Bren School of Environmental contemporary barriers to host fish (Intergovernmental Panel on Climate Management 2014, p. 91). Overall, mean movement. The primary reason for this Change (IPCC) 2013, pp. 11–12). monthly discharge has already declined isolation is reservoir construction and Warming in the Southwest is expected since the mid-1990s, and mean monthly unsuitable water quality. The Black to be greatest in the summer (IPCC 2013, temperatures have increased over the River is isolated from the rest of the pp. 11–12), and annual mean past 100 years (Inoue et al. 2014, p. 7). populations by high salinity reaches of precipitation is very likely to decrease In the Black River, survivorship is the Pecos River, as well as Red Bluff in the Southwest (Ray et al. 2008, p. 1; positively correlated with discharge Reservoir, and is hundreds of river IPCC 2013, pp. 11–12). In Texas, the (Inoue et al. 2014, p. 9); as mean miles from the nearest extant number of extreme hot days (high monthly discharge decreases, we expect population. Amistad Reservoir separates temperatures exceeding 95 °F (35 °C) are Texas hornshell survivorship to the three Texas populations from each expected to double by around 2050 decrease, as well. The Black River is other, isolating the Rio Grande—Lower (Kinniburgh et al. 2015, p. 83), and expected to lose streamflow in the Canyons, Devils River, and Rio Texas is considered one of the future due to air temperature increases, Grande—Laredo populations. There is ‘‘hotspots’’ of climate change in North groundwater extraction, and reduced currently no opportunity for interaction America; west Texas is an area expected precipitation. among any of the five extant U.S. to show greater responsiveness to the populations. effects of climate change (Diffenbaugh et In the Devils River, future water The overall distribution of mussels is, al. 2008, p. 3). Even if precipitation and withdrawals from aquifers that support in part, a function of the dispersal of groundwater recharge remain at current spring flows in the range of the Texas their host fish. Small populations are levels, increased groundwater pumping hornshell could result in reduction of more affected by this limited and resultant aquifer shortages due to critical spring flows and river drying. In immigration potential because they are increased temperatures are nearly particular, there have been multiple susceptible to genetic drift (random loss certain (Loaiciga et al. 2000, p. 193; proposals to withdraw water from the of genetic diversity) and inbreeding Mace and Wade 2008, pp. 662, 664–665; nearby aquifer and deliver the water to depression. At the species level, Taylor et al. 2012, p. 3). Increased water municipalities (e.g., Val Verde Water populations that are eliminated due to temperature can cause stress to Company 2013, pp. 1–2). To date, stochastic events cannot be recolonized individuals, decrease dissolved oxygen however, none have been approved. naturally, leading to reduced overall levels, and increase toxicity of As spring flows decline due to redundancy and representation. contaminants. Effects of climate change, drought or groundwater lowering from such as air temperature increases and an pumping, habitat for the Texas Increased Predation increase in drought frequency and hornshell is reduced and could Predation on freshwater mussels is a intensity, have been shown to be eventually cease to exist. While Texas natural ecological interaction. Raccoons, occurring throughout the range of Texas hornshell may survive short periods of snapping turtles, and fish are known to hornshell (Kinniburgh et al. 2015, p. low flow, as low flows persist, mussels prey upon Texas hornshell. Under 88), and these effects are expected to face oxygen deprivation, increased natural conditions, the level of exacerbate several of the stressors water temperature, and, ultimately, predation occurring within Texas discussed above, such as water stranding. hornshell populations is not likely to temperature and flow loss (Wuebbles et

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al. 2013, p. 16). As we projected the expect the reintroduction effort to cleansing flows and increased fine future condition of the Texas hornshell continue over the next several years, but sediments. The distribution of Texas and which stressors are likely to occur, we are not considering the action to hornshell in the Black River will remain we considered climate change to be an have been successful to date. small, and the risk of a contaminant exacerbating factor in the increase of In Texas, The Nature Conservancy spill will remain high, resulting in a fine sediments, changes in water and Texas Parks and Wildlife high likelihood that water quality will quality, and loss of flowing water. Department manage lands under their become unsuitable and reduce Due to the effects of ongoing climate purview in the Devils River watershed abundance of Texas hornshell change, we expect the frequency and for native communities, including Texas significantly. Therefore, taking into duration of cleansing flows to decrease, hornshell. The large amount (over account the current threats to the leading to the increase in fine sediments 200,000 acres) of land in conservation population and its distribution within and reduced water levels at all management in the Devils River the river, the Texas hornshell populations. More extreme climate watershed reduces the risks to Texas population in the Black River has low change projections lead to further hornshell from sediment inputs and resiliency. increases in fine sediment within the contaminants. Pecos River: The Pecos River populations. Similarly, as lower water In the Rio Grande, we are not aware population is extremely small and levels concentrate contaminants and of any management actions for Texas exhibits no evidence of reproduction. cause unsuitable temperature and hornshell. The Texas Comptroller of The few number of live individuals dissolved oxygen levels, we expect Public Accounts has established an among the very high number of dead water quality to decline to some degree Endangered Species Task Force and has shells indicates a population in severe in the future. funded much of the recent research in decline; this is likely due to high Texas on Texas hornshell, which has salinity levels in the river upstream of Conservation Actions and Regulatory led to greater understanding of the the population. There is a high Mechanisms species’ distribution in the State. likelihood this population will be About 7 percent of known occupied Current Condition extirpated in the near future due to habitat for the Texas hornshell is in water quality alone. Therefore, the New Mexico, and the Service is Overall, there are five known Pecos River population of Texas collaborating with water users, oil and remaining populations of Texas hornshell has very low resiliency. gas developers, landowners, and other hornshell, comprising approximately 15 Devils River: The Devils River partners to develop candidate percent of the species’ historical range population has low abundance and has conservation agreements (CCAs) for the in the United States (see Map 1, above). exhibited some evidence of species on State, Federal, and private Historically, most Texas hornshell reproduction. The current level of lands. These agreements are currently populations were likely connected by climate change will continue to reduce under development, and the potential fish migration throughout the Rio flow in the Devils River due to purpose is to provide voluntary Grande, upstream through the Pecos groundwater extraction and drought. conservation that would reduce threats River, and throughout the tributaries, The low flows this population to the species while improving physical but due to impoundments and river experiences during dry times will habitat and water quality. The key reaches with unsuitable water quality continue to become more frequent and conservation measures in the (for example, high salinity) they are prolonged. Because Texas hornshell in agreements will be designed to limit oil currently isolated from one another, and the Devils River occur at the heads of and gas development to areas outside of repopulation of extirpated locations is riffles, they are vulnerable to complete the Black and Delaware River unlikely to occur without human flow loss when water levels drop. The floodplains, minimize erosion, and assistance. Here we discuss the current reduction in cleansing flows will also maintain minimum water flows in the condition of each known population, result in the accumulation of fine rivers. Along with these measures, the taking into account the risks to those sediments, reducing substrate quality. partners to the agreement are evaluating populations that are currently occurring, Low flows will also affect water quality alternatives to the multiple low water as well as management actions that are parameters such as temperature and crossings on the Black River. Partners currently occurring to address those dissolved oxygen, causing them to are considering alternate crossing risks. We consider low levels of climate become unsuitable for Texas hornshell. locations, which could include bridges change to be currently occurring, Additionally, the species is already designed to allow host fishes to pass resulting in reduced timing and amount vulnerable to predation from terrestrial through in addition to decreasing of streamflow, increased stream predators during times of low flow; potential contamination events. Because temperatures, and increased predation will occur more frequently as these agreements have not been accumulation of fine sediments. periods of low flow become more completed, we are not considering the Black River: The Black River common. Overall, because the conservation actions in our present population is quite dense and population is currently small and would evaluation of the status of Texas recruitment appears to be high, but the be unlikely to grow, the Devils River hornshell. short size (8.7 mi (14.0 km)) of the population has low resiliency. The New Mexico Department of Game occupied reach limits this population’s Rio Grande—Lower Canyons: The and Fish has begun Texas hornshell resiliency. Accumulation of fine Lower Canyons population has reintroduction efforts into the Delaware sediment in the substrate has already relatively high abundance and evidence River, which is within the historical occurred due to increased sediment of recruitment. Drought and range of the species. Adults and infested input into the river from road crossings, groundwater extraction resulting from host fish were released in suitable culverts, and cattle grazing, combined currently observed levels of climate habitat in the Delaware River in 2013 with a decreased frequency of cleansing change will continue to lower water and 2015. Many of the released adults river flows. The current level of climate levels in the Rio Grande—Lower have been subsequently located, and change will continue to reduce flow in Canyons population of Texas hornshell. success of the reintroduction will be the river from groundwater extraction We expect that Mexico’s management of determined in the coming years. We and drought, resulting in fewer the Rio Conchos will continue to be an

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unreliable source of water. This section was determined to be endangered, other and future threats to the Texas of the Rio Grande is relatively deep and projected scenarios would also be hornshell. Our analysis of the past, incised, and the population of Texas endangered, as they forecast conditions current, and future influences on what hornshell primarily occurs in crevices that are more at risk of extinction than the Texas hornshell needs for long-term along the banks. Water flow reductions the status quo. Please refer to the SSA viability revealed that there are five would expose a high proportion of the report (Service 2016) for the full influences that may pose a meaningful existing population; therefore, this analysis of future scenarios. risk to the viability of the species. These reduction in flow will likely have a are primarily related to habitat changes Determination larger effect on the population size than (Factor A from the Act): The in other populations, although at a small Section 4 of the Act, and its accumulation of fine sediments, the loss to moderate decrease in water flow we implementing regulations at 50 CFR part of flowing water, and impairment of still expect abundance to be maintained 424, set forth the procedures for adding water quality, all of which are at moderate levels. Overall, the Rio species to the Federal Lists of exacerbated by the effects of climate Grande—Lower Canyons population Endangered and Threatened Wildlife change. Predation (Factor C) is also exhibits moderate resiliency. and Plants. Under section 4(b)(1)(a), the affecting those populations already Rio Grande—Laredo: Similar to the Secretary is to make endangered or experiencing low stream flow, and Lower Canyons population, the Laredo threatened determinations required by barriers to fish movement (Factor E) population has numerous mussel beds subsection 4(a)(1) solely on the basis of prevent recolonization after stochastic with high Texas hornshell abundance the best scientific and commercial data events. and evidence of reproduction. However, available to her after conducting a The Texas hornshell has declined drought and upstream water review of the status of the species and significantly in overall distribution and management will continue to reduce after taking into account conservation abundance, with the species currently flows in the Rio Grande. Water quality efforts by States or foreign nations. The occupying approximately 15 percent of will continue to decrease due to lower standards for determining whether a its historical range in the United States. flows, and fine sediments will species is endangered or threatened are Between one-half and two-thirds of the accumulate. Declining water flow will provided in section 3 of the Act. An Texas hornshell’s historical range cause fine sediments to accumulate and endangered species is any species that occurred in Mexico; we have very low water quality to decline, leading to a is ‘‘in danger of extinction throughout confidence in the species’ current decline in population abundance. all or a significant portion of its range.’’ condition throughout most of the Overall, the Rio Grande—Laredo has A threatened species is any species that Mexican range. The resulting remnant moderate resiliency. is ‘‘likely to become an endangered populations occupy shorter reaches Mexico: We have low confidence in species within the foreseeable future compared to presumed historical the species’ current condition throughout all or a significant portion of populations, and they are all isolated throughout most of the Mexican range. its range.’’ Per section 4(a)(1) of the Act, from one another. One or more of these populations may in reviewing the status of the species to The primary historical reason for this still be extant, or they may all be determine if it meets the definition of reduction in range was reservoir extirpated. We have no recent data on endangered or of threatened, we construction and unsuitable water the species’ occurrence in Mexico; the determine whether any species is an quality. Large reservoirs have been last live recordings are from the mid- endangered species or a threatened constructed on the Rio Grande and 1980s. Because of this uncertainty, we species because of any of the following Pecos River, and much of the Pecos did not rely on the Texas hornshell’s five factors: (A) The present or River upstream of the confluence with distribution in Mexico when evaluating threatened destruction, modification, or Independence Creek now has salinity the viability of the species. curtailment of its habitat or range; (B) levels too high for mussel habitation overutilization for commercial, (Hoagstrom 2009, p. 28). The effects of Future Condition recreational, scientific, or educational these reservoirs extend beyond As part of the SSA, we also developed purposes; (C) disease or predation; (D) fragmentation of populations; the multiple future condition scenarios to the inadequacy of existing regulatory resultant downstream water releases do capture the range of uncertainties mechanisms; and (E) other natural or not mimic natural flow regimes, and the regarding future threats and the manmade factors affecting its continued change in timing and frequency of projected responses by the Texas existence. Listing actions may be cleansing flows results in increases in hornshell. Our scenarios included a warranted based on any of the above fine sediments, increases in predation, status quo scenario, which incorporated threat factors, singly or in combination. and decreases in water quality. Add to the current risk factors continuing on The fundamental question before the this the exacerbating effects of climate the same trajectory that they are on now. Service is whether the species warrants change—increased temperature and We also evaluated four additional future protection as an endangered or decreased stream flow—and the scenarios that incorporated varying threatened species under the Act. To remaining Texas hornshell populations levels of increasing risk factors with make this determination, we evaluated face moderate to high levels of risk of elevated negative effects on hornshell extinction risk, described in terms of the extirpation currently. For the populations. However, because we current condition of populations and populations occupying the smaller determined that the current condition of their distribution (taking into account reaches (such as the Black River, Devils the Texas hornshell and the associated the risk factors (i.e., threats, stressors) River, and Pecos River populations), a status quo projections were consistent and their effects on those populations). single stochastic event such as with an endangered species (see For any species, as population contaminant spill or drought could Determination, below), we are not conditions decline and distribution eliminate an entire population of Texas presenting the results of the other future shrinks, the species’ overall viability hornshell. These effects are heightened scenarios in this proposed rule. The declines and extinction risk increases. at the species level because the isolation additional future scenarios project We have carefully assessed the best of the populations prohibits natural conditions that are worse for the Texas scientific and commercial information recolonization from host fish carrying hornshell. Since the status quo scenario available regarding the past, present, Texas hornshell glochidia, which likely

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happened in the past and allowed for The Act defines an endangered agencies; private organizations; and the species to ebb and flow from species as any species that is ‘‘in danger individuals. The Act encourages suitable areas. of extinction throughout all or a cooperation with the States and other Populations in both large and small significant portion of its range’’ and a countries and calls for recovery actions reaches face risks from natural and threatened species as any species ‘‘that to be carried out for listed species. The anthropogenic sources. Climate change is likely to become endangered protection required by Federal agencies has already begun to affect the regions throughout all or a significant portion of and the prohibitions against certain of Texas and New Mexico where Texas its range within the foreseeable future.’’ activities are discussed, in part, below. hornshell occurs, resulting in higher air We find that the Texas hornshell is The primary purpose of the Act is the temperatures, increased evaporation, presently in danger of extinction conservation of endangered and increased groundwater pumping, and throughout its entire range based on the threatened species and the ecosystems changing precipitation patterns such severity and immediacy of threats upon which they depend. The ultimate that water levels rangewide have currently impacting the species. The goal of such conservation efforts is the already reached historic lows. These overall range has been significantly recovery of these listed species, so that low water levels put the populations at reduced, and the remaining habitat and they no longer need the protective risk of habitat loss from increased fine populations are threatened by a measures of the Act. Subsection 4(f) of sediments, poor water quality, and multitude of factors acting in the Act calls for the Service to develop increased predation risk. combination to reduce the overall and implement recovery plans for the These risks, alone or in combination, viability of the species. The risk of conservation of endangered and are expected to result in the extirpation extinction is high because the remaining threatened species. The recovery of additional populations, further populations have a high risk of planning process involves the reducing the overall redundancy and extirpation, are isolated, and have identification of actions that are representation of the species. limited potential for recolonization. necessary to halt or reverse the species’ Historically, the species, with a large Therefore, on the basis of the best decline by addressing the threats to its range of interconnected populations, available scientific and commercial survival and recovery. The goal of this would have been resilient to stochastic information, we propose listing the process is to restore listed species to a events such as drought and Texas hornshell as endangered in point where they are secure, self- sedimentation because even if some accordance with sections 3(6) and sustaining, and functioning components populations were extirpated by such 4(a)(1) of the Act. We find that a of their ecosystems. events, they could be recolonized over threatened species status is not Recovery planning includes the time by dispersal from nearby surviving appropriate for the Texas hornshell development of a recovery outline populations. This connectivity would because of the currently contracted shortly after a species is listed and have made for a highly resilient species range (loss of 85 percent of its historic preparation of a draft and final recovery overall. However, under current range in the United States, and likely plan. The recovery outline guides the conditions, connectivity is prevented more in Mexico), because the threats are immediate implementation of urgent due to large reservoirs and unsuitably occurring across the entire range of the recovery actions and describes the high salinity levels between species, and because the threats are process to be used to develop a recovery populations. As a consequence of these ongoing currently and are expected to plan. Revisions of the plan may be done current conditions, the viability of the continue or worsen into the future. to address continuing or new threats to Texas hornshell now primarily depends Because the species is already in danger the species, as new substantive on maintaining the remaining isolated of extinction throughout its range, a information becomes available. The populations. threatened status is not appropriate. recovery plan also identifies recovery Of the five remaining isolated Under the Act and our implementing criteria for review of when a species populations, three are small in regulations, a species may warrant may be ready for downlisting or abundance and occupied stream length listing if it is endangered or threatened delisting, and methods for monitoring and have low to no resiliency. The throughout all or a significant portion of recovery progress. Recovery plans also remaining two are larger, with increased its range. Because we have determined establish a framework for agencies to abundance and occupied stream length; that the Texas hornshell is endangered coordinate their recovery efforts and however, flow reduction, water quality throughout all of its range, no portion of provide estimates of the cost of decline, and habitat loss from its range can be ‘‘significant’’ for implementing recovery tasks. Recovery sedimentation reduce the abundance purposes of the definitions of teams (composed of species experts, and distribution of those populations. ‘‘endangered species’’ and ‘‘threatened Federal and State agencies, We have no information on population species.’’ See the Final Policy on nongovernmental organizations, and status in Mexico. Therefore, the Texas Interpretation of the Phrase ‘‘Significant stakeholders) are often established to hornshell has no populations that are Portion of Its Range’’ in the Endangered develop recovery plans. When currently considered highly resilient. Species Act’s Definitions of completed, the recovery outline, draft The high risk of extirpation of these ‘‘Endangered Species’’ and ‘‘Threatened recovery plan, and the final recovery populations leads to low levels of Species’’ (79 FR 37578; July 1, 2014). plan will be available on our Web site redundancy (few populations will (http://www.fws.gov/endangered), or persist to withstand catastrophic events) Available Conservation Measures from our Texas Coastal Ecological and representation (little to no Conservation measures provided to Services Field Office (see FOR FURTHER ecological or genetic diversity will species listed as endangered or INFORMATION CONTACT). persist to respond to changing threatened species under the Act Implementation of recovery actions environmental conditions). Overall, include recognition, recovery actions, generally requires the participation of a these low levels of resiliency, requirements for Federal protection, and broad range of partners, including other redundancy, and representation result prohibitions against certain practices. Federal agencies, States, Tribes, in the Texas hornshell having low Recognition through listing results in nongovernmental organizations, viability, and the species currently faces public awareness, and conservation by businesses, and private landowners. a high risk of extinction. Federal, State, Tribal, and local Examples of recovery actions include

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habitat restoration (e.g., restoration of described in the preceding paragraph with existing regulations and permit native vegetation), research, captive include management and any other requirements; this list is not propagation and reintroduction, and landscape-altering activities on Federal comprehensive: outreach and education. The recovery of lands administered by the Bureau of (1) Normal agricultural and many listed species cannot be Land Management, Bureau of silvicultural practices, including accomplished solely on Federal lands Reclamation, and National Park Service; herbicide and pesticide use, which are because their ranges may occur issuance of section 404 Clean Water Act carried out in accordance with any primarily or solely on non-Federal (33 U.S.C. 1251 et seq.) permits by the existing regulations, permit and label lands. To achieve recovery of these U.S. Army Corps of Engineers; and requirements, and best management species requires cooperative construction and maintenance of roads practices; and conservation efforts on private, State, or highways by the Federal Highway (2) Normal residential landscape and Tribal lands. If this species is listed, Administration. activities. funding for recovery actions will be The Act and its implementing Based on the best available available from a variety of sources, regulations set forth a series of general information, if we list this species, the including Federal budgets, State prohibitions and exceptions that apply following activities may potentially programs, and cost share grants for non- to endangered wildlife. The prohibitions result in a violation of section 9 of the Federal landowners, the academic of section 9(a)(1) of the Act, codified at Act; this list is not comprehensive: community, and nongovernmental 50 CFR 17.21, make it illegal for any (1) Unauthorized handling or organizations. In addition, pursuant to person subject to the jurisdiction of the collecting of the species; section 6 of the Act, the States of Texas United States to take (which includes (2) Modification of the channel or and New Mexico would be eligible for harass, harm, pursue, hunt, shoot, water flow of any stream in which the Federal funds to implement wound, kill, trap, capture, or collect; or Texas hornshell is known to occur; management actions that promote the to attempt any of these) endangered (3) Livestock grazing that results in protection or recovery of the Texas wildlife within the United States or on direct or indirect destruction of stream hornshell. Information on our grant the high seas. In addition, it is unlawful habitat; and programs that are available to aid to import; export; deliver, receive, carry, (4) Discharge of chemicals or fill species recovery can be found at: http:// transport, or ship in interstate or foreign material into any waters in which the www.fws.gov/grants. commerce in the course of commercial Texas hornshell is known to occur. Although the Texas hornshell is only activity; or sell or offer for sale in Questions regarding whether specific proposed for listing under the Act at interstate or foreign commerce any activities would constitute a violation of this time, please let us know if you are listed species. It is also illegal to section 9 of the Act should be directed interested in participating in recovery possess, sell, deliver, carry, transport, or to the Texas Coastal Ecological Services efforts for this species. Additionally, we ship any such wildlife that has been Field Office (see FOR FURTHER invite you to submit any new taken illegally. Certain exceptions apply INFORMATION CONTACT). information on this species whenever it to employees of the Service, the becomes available and any information National Marine Fisheries Service, other Critical Habitat for the Texas Hornshell you may have for recovery planning Federal land management agencies, and Background purposes (see FOR FURTHER INFORMATION State conservation agencies. CONTACT). We may issue permits to carry out Critical habitat is defined in section 3 Section 7(a) of the Act requires otherwise prohibited activities of the Act as: Federal agencies to evaluate their involving endangered wildlife under (1) The specific areas within the actions with respect to any species that certain circumstances. Regulations geographical area occupied by the is proposed or listed as an endangered governing permits are codified at 50 species, at the time it is listed in or threatened species and with respect CFR 17.22. With regard to endangered accordance with the Act, on which are to its critical habitat, if any is wildlife, a permit may be issued for the found those physical or biological designated. Regulations implementing following purposes: For scientific features: this interagency cooperation provision purposes, to enhance the propagation or (a) Essential to the conservation of the of the Act are codified at 50 CFR part survival of the species, and for species, and 402. Section 7(a)(4) of the Act requires incidental take in connection with (b) Which may require special Federal agencies to confer with the otherwise lawful activities. There are management considerations or Service on any action that is likely to also certain statutory exemptions from protection; and jeopardize the continued existence of a the prohibitions, which are found in (2) Specific areas outside the species proposed for listing or result in sections 9 and 10 of the Act. geographical area occupied by the destruction or adverse modification of It is our policy, as published in the species at the time it is listed, upon a proposed critical habitat. If a species is Federal Register on July 1, 1994 (59 FR determination that such areas are listed subsequently, section 7(a)(2) of 34272), to identify to the maximum essential for the conservation of the the Act requires Federal agencies to extent practicable at the time a species species. ensure that activities they authorize, is listed, those activities that would or Conservation, as defined under fund, or carry out are not likely to would not constitute a violation of section 3 of the Act, means to use and jeopardize the continued existence of section 9 of the Act. The intent of this the use of all methods and procedures the species or destroy or adversely policy is to increase public awareness of that are necessary to bring an modify its critical habitat. If a Federal the effect of a proposed listing on endangered or threatened species to the action may affect a listed species or its proposed and ongoing activities within point at which the measures provided critical habitat, the responsible Federal the range of the species proposed for pursuant to the Act are no longer agency must enter into consultation listing. Based on the best available necessary. Such methods and with the Service. information, if we list this species, the procedures include, but are not limited Federal agency actions within the following actions are unlikely to result to, all activities associated with species’ habitat that may require in a violation of section 9, if these scientific resources management such as conference or consultation or both as activities are carried out in accordance research, census, law enforcement,

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habitat acquisition and maintenance, determined to be endangered or updated occurrence records for the propagation, live trapping, and threatened. Our regulations (50 CFR Texas hornshell, future climate change transplantation, and, in the 424.12(a)(1)) state that the designation effects on the species’ habitat, and other extraordinary case where population of critical habitat is not prudent when analyses. Therefore, we conclude that pressures within a given ecosystem one or both of the following situations the designation of critical habitat is not cannot be otherwise relieved, may exist: (1) The species is threatened by determinable for the Texas hornshell at include regulated taking. taking or other human activity, and this time. We will make a determination Critical habitat receives protection identification of critical habitat can be on critical habitat no later than 1 year under section 7 of the Act through the expected to increase the degree of threat following any final listing requirement that Federal agencies to the species, or (2) such designation of determination. ensure, in consultation with the Service, critical habitat would not be beneficial that any action they authorize, fund, or to the species. Required Determinations carry out is not likely to result in the There is currently no imminent threat Clarity of the Rule destruction or adverse modification of of take attributed to collection or critical habitat. The designation of vandalism under Factor B for the Texas We are required by Executive Orders critical habitat does not affect land hornshell, and identification and 12866 and 12988 and by the ownership or establish a refuge, mapping of critical habitat is not likely Presidential Memorandum of June 1, wilderness, reserve, preserve, or other to increase any such threat. In the 1998, to write all rules in plain conservation area. Such designation absence of finding that the designation language. This means that each rule we does not allow the government or public of critical habitat would increase threats publish must: to access private lands. Such to a species, if there are any benefits to (1) Be logically organized; designation does not require a critical habitat designation, then a (2) Use the active voice to address implementation of restoration, recovery, prudent finding is warranted. The readers directly; or enhancement measures by non- potential benefits of designation Federal landowners. Where a landowner include: (1) Triggering consultation (3) Use clear language rather than requests Federal agency funding or under section 7 of the Act in new areas jargon; authorization for an action that may for actions in which there may be a (4) Be divided into short sections and affect a listed species or critical habitat, Federal nexus where it would not sentences; and the consultation requirements of section otherwise occur because, for example, it (5) Use lists and tables wherever 7(a)(2) of the Act would apply, but even is or has become unoccupied or the possible. in the event of a destruction or adverse occupancy is in question; (2) focusing If you feel that we have not met these modification finding, the obligation of conservation activities on the most requirements, send us comments by one the Federal action agency and the essential features and areas; (3) of the methods listed in ADDRESSES. To landowner is not to restore or recover providing educational benefits to State better help us revise the rule, your the species, but to implement or county governments or private comments should be as specific as reasonable and prudent alternatives to entities; and (4) preventing people from possible. For example, you should tell avoid destruction or adverse causing inadvertent harm to the species. us the numbers of the sections or modification of critical habitat. Therefore, because we have determined paragraphs that are unclearly written, Section 4 of the Act requires that we that the designation of critical habitat which sections or sentences are too designate critical habitat on the basis of will not likely increase the degree of long, the sections where you feel lists or the best scientific data available. threat to these species and may provide tables would be useful, etc. Further, our Policy on Information some measure of benefit, we find that Standards Under the Endangered designation of critical habitat is prudent National Environmental Policy Act (42 Species Act (published in the Federal for the Texas hornshell. U.S.C. 4321 et seq.) Register on July 1, 1994 (59 FR 34271)), the Information Quality Act (section 515 Critical Habitat Determinability We have determined that of the Treasury and General Having determined that designation is environmental assessments and Government Appropriations Act for prudent, under section 4(a)(3) of the Act environmental impact statements, as Fiscal Year 2001 (Pub. L. 106–554; H.R. we must find whether critical habitat for defined under the authority of the 5658)), and our associated Information the species is determinable. Our National Environmental Policy Act Quality Guidelines, provide criteria, regulations at 50 CFR 424.12(a)(2) state (NEPA; 42 U.S.C. 4321 et seq.), need not establish procedures, and provide that critical habitat is not determinable be prepared in connection with listing guidance to ensure that our decisions when one or both of the following a species as an endangered or are based on the best scientific data situations exist: (1) Information threatened species under the available. They require our biologists, to sufficient to perform required analyses Endangered Species Act. We published the extent consistent with the Act and of the impacts of the designation is a notice outlining our reasons for this with the use of the best scientific data lacking, or (2) the biological needs of the determination in the Federal Register available, to use primary and original species are not sufficiently well known on October 25, 1983 (48 FR 49244). sources of information as the basis for to permit identification of an area as References Cited recommendations to designate critical critical habitat. habitat. As discussed above, we have A complete list of references cited is reviewed the available information available in Appendix A of the SSA Prudency Determination pertaining to the biological needs of this Report (U.S. Fish and Wildlife Service. Section 4(a)(3) of the Act, as species and habitat characteristics 2016. Species status assessment report amended, and implementing regulations where this species is located. Because for the Texas hornshell (Popenaias (50 CFR 424.12), require that, to the the biological needs are not sufficiently popeii), Version 1.0. Albuquerque, NM), maximum extent prudent and well known to permit identification of available online at http:// determinable, the Secretary designate critical habitat, we are seeking www.regulations.gov, under Docket critical habitat at the time the species is additional information regarding Number FWS–R2–ES–2016–0077.

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Authors Proposed Regulation Promulgation Authority: 16 U.S.C. 1361–1407; 1531– 1544; and 4201–4245, unless otherwise The primary authors of this proposed Accordingly, we propose to amend noted. rule are the staff members of the Texas part 17, subchapter B of chapter I, title ■ 2. Amend § 17.11(h) by adding an Coastal Ecological Services Field Office. 50 of the Code of Federal Regulations, entry for ‘‘Hornshell, Texas’’ to the List as set forth below: List of Subjects in 50 CFR Part 17 of Endangered and Threatened Wildlife in alphabetical order under Clams: PART 17—ENDANGERED AND Endangered and threatened species, THREATENED WILDLIFE AND PLANTS § 17.11 Endangered and threatened Exports, Imports, Reporting and wildlife. recordkeeping requirements, ■ Transportation. 1. The authority citation for part 17 * * * * * continues to read as follows: (h) * * *

Listing citations and applicable Common name Scientific name Where listed Status rules

******* CLAMS

******* Hornshell, Texas ...... Popenaias popeii ...... Wherever found ...... E [Federal Register citation when published as a final rule.]

*******

Dated: July 21, 2016. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2016–18816 Filed 8–9–16; 8:45 am] BILLING CODE P

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Notices Federal Register Vol. 81, No. 154

Wednesday, August 10, 2016

This section of the FEDERAL REGISTER fruits and vegetables that, based on the weed risk associated with the contains documents other than rules or findings of a pest risk analysis, can be importation of pomegranates from Peru proposed rules that are applicable to the safely imported subject to one or more into the continental United States. public. Notices of hearings and investigations, of the designated phytosanitary We agree with the commenter. All committee meetings, agency decisions and measures listed in paragraph (b) of that four phytosanitary measures identified rulings, delegations of authority, filing of petitions and applications and agency section. above must be applied to the statements of organization and functions are In accordance with that process, we importation of pomegranates from Peru 1 examples of documents appearing in this published a notice in the Federal into the continental United States in section. Register on March 14, 2016 (81 FR order to address plant pest and noxious 13310, Docket No. APHIS–2016–0012), weed risk. in which we announced the availability, The same commenter stated that DEPARTMENT OF AGRICULTURE for review and comment, of a pest risk irradiation should have to occur in Peru assessment (PRA) that identifies pests of or in States where the plant pests of Animal and Plant Health Inspection quarantine significance that could quarantine significance that we Service follow the pathway of importation of identified as potentially following the [Docket No. APHIS–2016–0012] pomegranates from Peru into the pathway of importation of pomegranates continental United States. Based on the from Peru could not become Notice of Decision To Authorize the PRA, a risk management document established. Importation of Fresh Pomegranates (RMD) was prepared to identify We appreciate the commenter’s From Peru Into the Continental United phytosanitary measures that could be concern regarding irradiation of the States applied to the pomegranates to mitigate pomegranates in areas of the United the pest risk. The risk management States where quarantine plant pests that AGENCY: Animal and Plant Health document recommended the following could potentially follow the pathway of Inspection Service, USDA. phytosanitary measures be applied to importation of the pomegranates from ACTION: Notice. the importation of pomegranates from Peru could become established. Indeed, Peru into the continental United States: our regulations governing the approval SUMMARY: We are advising the public of • The pomegranates must be of irradiation facilities in the United our decision to authorize the imported as commercial consignments States, which are found in 7 CFR 305.9, importation of fresh pomegranates from only; require that, if an irradiation facility is Peru into the continental United States. • Each consignment of pomegranates located in a State where quarantine Based on the findings of a pest risk must be accompanied by a pests that are targeted by irradiation analysis, which we made available for phytosanitary certificate issued by the could become established, then it must the public to review and comment national plant protection organization take additional safeguards, specified through a previous notice, we have (NPPO) of Peru; within that section, in order to address concluded that the application of • Each consignment of pomegranates this pest risk. However, because § 305.9 designated phytosanitary measures will must be treated with irradiation in also allows irradiation treatment for be sufficient to mitigate the risks of accordance with 7 CFR part 305; and imported commodities to take place introducing or disseminating plant pests • Each consignment of pomegranates within the United States, and does not via the importation of fresh is subject to inspection upon arrival at preclude it from taking place in States pomegranates from Peru. the port of entry to the United States. where establishment of quarantine pests DATES: Effective August 10, 2016. We solicited comments on the PRA is possible, we cannot grant the FOR FURTHER INFORMATION CONTACT: Mr. and RMD for 60 days, ending on May commenter’s request. David B. Lamb, Senior Regulatory 13, 2016. We received eight comments Therefore, in accordance with Policy Specialist, PPQ, APHIS, USDA, by that date, from an organization of § 319.56–4(c)(2)(ii), we are announcing 4700 River Road Unit 133, Riverdale, State plant regulatory agencies, our decision to authorize the MD 20737–1236; (301) 851–2103; email: importers, the Peruvian Government, a importation of pomegranates from Peru [email protected]. U.S. port of entry, and private citizens. into the continental United States Seven of the commenters supported SUPPLEMENTARY INFORMATION: Under the subject to the following phytosanitary the importation of fresh pomegranates regulations in ‘‘Subpart–Fruits and measures: from Peru into the continental United Vegetables’’ (7 CFR 319.56–1 through • The pomegranates must be States. imported as commercial consignments 319.56–75, referred to below as the One commenter interpreted our notice only; regulations), the Animal and Plant as a proposal to authorize the • Each consignment of pomegranates Health Inspection Service (APHIS) importation of pomegranates from Peru must be accompanied by a prohibits or restricts the importation of subject to any of the four phytosanitary phytosanitary certificate issued by the fruits and vegetables into the United measures recommended by the RMD. NPPO of Peru; States from certain parts of the world to The commenter suggested the measures • Each consignment of pomegranates prevent plant pests from being need to be jointly applied in order to must be treated with irradiation in introduced into or disseminated within mitigate the plant pest and noxious the United States. accordance with 7 CFR part 305; and • Each consignment of pomegranates Section 319.56–4 contains a 1 To view the notice, PRA, RMD, and comments performance-based process for we received, go to http://www.regulations.gov/ is subject to inspection upon arrival at approving the importation of certain #!docketDetail;D=APHIS-2016-0012. the port of entry to the United States.

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These conditions will be listed in the categories are defined in § 92.1. Any cattle) present a particular risk for Fruits and Vegetables Import region that is not classified by APHIS as misfeeding. Requirements database (available at presenting either negligible risk or The other commenter stated that the http://www.aphis.usda.gov/favir/). In controlled risk for BSE is considered to United States does not recognize all the addition to these specific measures, present an undetermined risk. The list OIE’s risk designations for BSE, noting pomegranates from Peru will be subject of those regions classified by APHIS as that the United States still considers to the general requirements listed in having either negligible risk or several countries as controlled risk § 319.56–3 that are applicable to the controlled risk can be accessed on the regions though the OIE has classified importation of all fruits and vegetables. APHIS Web site at https:// them as negligible risk. Authority: 7 U.S.C. 450, 7701–7772, and www.aphis.usda.gov/aphis/ourfocus/ As we explained above, § 92.5 of the 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR animalhealth/animal-and-animal- regulations provides two ways that 2.22, 2.80, and 371.3. product-import-information/ct_animal_ APHIS may classify a region for BSE. _ Done in Washington, DC, this 4th day of disease status. The list can also be One way is for countries that have not August, 2016. obtained by writing to APHIS at received a risk classification from the Kevin Shea, National Import Export Services, 4700 OIE to request classification by APHIS. River Road Unit 38, Riverdale, MD Administrator, Animal and Plant Health The other way is for APHIS to concur Inspection Service. 20737. with the classification given to a Under the regulations, APHIS may country by the OIE. If the OIE has [FR Doc. 2016–18987 Filed 8–9–16; 8:45 am] classify a region for BSE in one of two recognized a country as either BSE BILLING CODE 3410–34–P ways. One way is for countries that have negligible risk or BSE controlled risk, not received a risk classification from APHIS will seek information to support the World Organization for Animal DEPARTMENT OF AGRICULTURE our concurrence with the OIE Health (OIE) to request classification by classification. This information may be Animal and Plant Health Inspection APHIS. The other way is for APHIS to publicly available information, or Service concur with the classification given to a APHIS may request that countries country by the OIE. supply the same information given to [Docket No. APHIS–2015–0055] If the OIE has recognized a country as the OIE. either BSE negligible risk or BSE Concurrence With OIE Risk The length of APHIS’s review of controlled risk, APHIS will seek information in support of concurrence Designations for Bovine Spongiform information to support our concurrence Encephalopathy depends on a number of factors, with the OIE classification. This including whether the information is AGENCY: Animal and Plant Health information may be publicly available publicly available, and, if it is not Inspection Service, USDA. information, or APHIS may request that publicly available, how quickly a ACTION: Notice. countries supply the same information country responds to our request for given to the OIE. APHIS will announce information. This notice updates SUMMARY: We are advising the public of in the Federal Register, subject to APHIS’ list of regions recognized as our decision to concur with the World public comment, its intent to concur negligible risk for BSE to include all the Organization for Animal Health’s (OIE) with an OIE classification. regions for which we have been able to bovine spongiform encephalopathy In accordance with that process, we review information. We intend to 1 (BSE) risk designations for 14 regions. published a notice in the Federal announce concurrence with additional The OIE recognizes these regions as Register on December 4, 2015 (80 FR countries recognized by the OIE in a being of negligible risk for BSE. We are 75849, Docket No. APHIS–2015–0055), future notice. taking this action based on our review in which we announced our intent to One commenter noted that while the of information supporting the OIE’s risk concur with the OIE risk designations OIE guidelines call for removal of designations for these regions. for 16 regions. The OIE recognizes these specified risk materials (SRMs) from FOR FURTHER INFORMATION CONTACT: Dr. regions as being of negligible risk for animals older than 30 months of age, Roberta Morales, Senior Staff BSE. We solicited comments on the our regulations require the removal of Veterinarian, Regionalization Evaluation notice for 60 days ending on February SRMs from animals 30 months of age or Services, National Import Export 2, 2016. We received two comments by older. The commenter stated that while Services, VS, APHIS, 920 Main Campus that date, from a private citizen and a this is not a significant difference from Drive, Suite 200, Raleigh, NC 27606; representative of a foreign government. an epidemiological perspective, it (919) 855–7735. One commenter stated that if a creates a major problem for certification product is being imported only for use SUPPLEMENTARY INFORMATION: The through the veterinary services of in pet food, then the BSE risk status of regulations in 9 CFR part 92 subpart B, exporting countries and presents a the exporting region should not be an ‘‘Importation of Animals and Animal barrier to trade. issue. APHIS notes that the wording ‘‘30 Products; Procedures for Requesting We disagree that bovine products months of age or older’’ is consistent BSE Risk Status Classification With imported for use in pet food do not pose with Food Safety and Inspection Service Regard to Bovines’’ (referred to below as a risk for introducing or spreading BSE (FSIS) and U.S. Food and Drug the regulations), set forth the process by in the United States. It is possible that Administration (FDA) regulations as which the Animal and Plant Health pet foods could be used for cattle feed, well as with Canadian regulations. We Inspection Service (APHIS) classifies either by accidental misfeeding of pet also note that anyone wishing to import regions for bovine spongiform foods to cattle or by misusing salvage bovine products into the United States encephalopathy (BSE) risk. Section 92.5 pet food for cattle. Farms that raise must also meet FSIS or FDA of the regulations provides that all multiple species (e.g. dogs, swine, and countries of the world are considered by requirements as well as APHIS APHIS to be in one of three BSE risk 1 To view the notice and the comments we requirements. We do not anticipate that categories: Negligible risk, controlled received, go to http://www.regulations.gov/ this difference will have a significant risk, or undetermined risk. These risk #!docketDetail;D=APHIS-2015-0055. impact on trade.

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In the December 2015 notice, we importation of fresh figs (Ficus carica) • Each consignment of figs must be mistakenly announced our intent to from Peru into the continental United accompanied by a phytosanitary recognize Romania as a region of States. Based on the findings of a pest certificate issued by the national plant negligible risk for BSE. In December risk analysis, which we made available protection organization (NPPO) of Peru; 2014, the OIE suspended Romania’s for the public to review and comment • Each consignment of figs must be status as a negligible risk region because through a previous notice, we have treated in accordance with 7 CFR part Romania reported a case of atypical concluded that the application of 305; and BSE. Since then, the OIE has announced designated phytosanitary measures will • Each consignment of figs is subject its intent to reinstate Romania’s status be sufficient to mitigate the risks of to inspection upon arrival at the port of as a region of negligible risk for BSE. We introducing or disseminating plant pests entry to the United States. will be seeking information to verify via the importation of fresh figs from We solicited comments on the PRA Romania’s status and will announce our Peru. and RMD for 60 days, ending on May intent to concur with the OIE’s DATES: Effective August 10, 2016. 13, 2016. We received four comments by designation in a future notice. that date, from a State department of FOR FURTHER INFORMATION CONTACT: Ms. Also in the December 2015 notice, we agriculture, the Peruvian Government, Claudia Ferguson, Senior Regulatory announced our intent to recognize the Peruvian embassy, and a U.S. port Policy Specialist, Regulatory France as a region of negligible risk for of entry. Coordination and Compliance, Imports, BSE in concurrence with the OIE. Since Three of the commenters supported then, France has confirmed a case of Regulations, and Manuals, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, the importation of fresh figs from Peru classical BSE in a 5-year-old cow. into the continental United States. Accordingly, the OIE has suspended MD 20737–1231; (301) 851–2352; [email protected]. One commenter pointed out that the France’s status as a region of negligible notice would allow figs from Peru to be SUPPLEMENTARY INFORMATION: risk for BSE and reinstated its status as Under the irradiated in the United States. The a region of controlled risk effective regulations in ‘‘Subpart–Fruits and commenter expressed concern that this March 25, 2016. For this reason we have Vegetables’’ (7 CFR 319.56–1 through could present a risk of introducing removed France from the list of regions 319.56–75, referred to below as the quarantine pests that could follow the of negligible risk for BSE in this regulations), the Animal and Plant pathway of figs from Peru into the document. We will continue to Health Inspection Service (APHIS) United States, and that such recognize France as a region of prohibits or restricts the importation of introduction would present a significant controlled risk for BSE. fruits and vegetables into the United risk to States in which the pests could Therefore, in accordance with the States from certain parts of the world to become established. For this reason, the regulations in § 92.5, we are announcing prevent plant pests from being commenter stated that irradiation our decision to concur with the OIE risk introduced into or disseminated within should either have to take place in Peru classifications of the following the United States. or in areas of the United States north of Section 319.56–4 contains a countries: the 39th parallel, in which the pests • Regions of negligible risk for BSE: performance-based process for could not become established. Bulgaria, Cyprus, Czech Republic, approving the importation of certain We appreciate the commenter’s Estonia, Hungary, India, Korea fruits and vegetables that, based on the concern regarding irradiation of the figs (Republic of), Latvia, Liechtenstein, findings of a pest risk analysis, can be in areas of the United States where Luxembourg, Malta, Portugal, Slovakia, safely imported subject to one or more quarantine plant pests that could and Switzerland. of the designated phytosanitary potentially follow the pathway of measures listed in paragraph (b) of that Authority: 7 U.S.C. 1622 and 8301–8317; importation of the figs from Peru could section. 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 become established. Indeed, our In accordance with that process, we CFR 2.22, 2.80, and 371.4. regulations governing the approval of published a notice 1 in the Federal Done in Washington, DC, this 4th day of irradiation facilities in the United Register on March 14, 2016 (81 FR August, 2016. States, which are found in 7 CFR 305.9, 13310–13311, Docket No. APHIS–2016– Kevin Shea, require that, if an irradiation facility is 0011), in which we announced the Administrator, Animal and Plant Health located in a State where quarantine availability, for review and comment, of Inspection Service. pests that are targeted by irradiation a pest risk assessment (PRA) that [FR Doc. 2016–18985 Filed 8–9–16; 8:45 am] could become established, then it must identifies pests of quarantine BILLING CODE 3410–34–P take additional safeguards, specified significance that could follow the within that section, in order to address pathway of importation of figs from this pest risk. However, because § 305.9 Peru into the continental United States. DEPARTMENT OF AGRICULTURE also allows irradiation treatment for Based on the PRA, a risk management imported commodities to take place Animal and Plant Health Inspection document (RMD) was prepared to within the United States, and does not Service identify phytosanitary measures that preclude it from taking place in States could be applied to the figs to mitigate [Docket No. APHIS–2016–0011] where establishment of quarantine pests the pest risk. The RMD recommended is possible, such as areas south of the that all of the following phytosanitary Notice of Decision To Authorize the 39th parallel, we cannot grant the measures be applied to the importation Importation of Fresh Figs From Peru commenter’s request. of figs from Peru into the continental Into the Continental United States Therefore, in accordance with United States: § 319.56–4(c)(2)(ii), we are announcing AGENCY: Animal and Plant Health • The figs must be imported as our decision to authorize the Inspection Service, USDA. commercial consignments only; ACTION: Notice. importation of figs from Peru into the continental United States subject to all 1 To view the notice, PRA, RMD, and comments SUMMARY: We are advising the public of we received, go to http://www.regulations.gov/ of the following phytosanitary our decision to authorize the #!docketDetail;D=APHIS-2016-0011. measures:

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• The figs must be imported as ADDRESSES: Comments are invited on: which allotments would be reduced if commercial consignments only; (a) Whether the proposed collection of necessary. While benefit reductions • Each consignment of figs must be information is necessary for the proper have never been ordered in the past accompanied by a phytosanitary performance of the functions of the under section 18(b) nor are they certificate issued by the NPPO of Peru; agency, including whether the anticipated based on current data, the • Each consignment of figs must be information shall have practical utility; Department must continue to monitor treated in accordance with 7 CFR part (b) the accuracy of the agency’s estimate actual program costs against the 305; and of the burden of the proposed collection appropriation. The reporting burden for • Each consignment of figs is subject of information including the validity of forms FNS–388 and FNS–388A was to inspection upon arrival at the port of the methodology and assumptions used; merged in 2015 with the burden for the entry to the United States. (c) ways to enhance the quality, utility, Food Programs Reporting System (OMB These conditions will be listed in the and clarity of the information to be control number 0584–0594, expiration Fruits and Vegetables Import collected; and (d) ways to minimize the date June 30, 2019). This 60-day notice Requirements database (available at burden of the collection of information serves to renew the recordkeeping http://www.aphis.usda.gov/favir/). In on those who are to respond, including burden only for these two forms. addition to these specific measures, figs use of appropriate automated, Section 11(e)(12) of the Food and from Peru will be subject to the general electronic, mechanical, or other Nutrition Act, 7 U.S.C. 2020 (e)(12), requirements listed in § 319.56–3 that technological collection techniques or requires that the State Plan of are applicable to the importation of all other forms of information technology. Operations provide for the submission fruits and vegetables. Comments may be sent to Jane of reports required by the Secretary of Authority: 7 U.S.C. 450, 7701–7772, and Duffield, Chief, State Administration Agriculture. State agencies are required 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR Branch, Supplemental Nutrition to report on a monthly basis on the 2.22, 2.80, and 371.3. Assistance Program, Food and Nutrition FNS–388, State Issuance and Done in Washington, DC, this 4th day of Service, U.S. Department of Agriculture, Participation Estimates, estimated or August, 2016. 3101 Park Center Drive, Room 818, actual issuance and participation data for the current month and previous Kevin Shea, Alexandria, VA 22302. Comments may also be submitted via email to month, and actual participation data for Administrator, Animal and Plant Health the second preceding month. The FNS– Inspection Service. [email protected]. Comments will also be accepted through the federal 388 report provides the necessary data [FR Doc. 2016–18990 Filed 8–9–16; 8:45 am] for an early warning system to enable BILLING CODE 3410–34–P eRulemaking Portal. Go to http:// www.regulations.gov, and follow the the Department to monitor actual and online instructions for submitting estimated costs for all benefit types against the appropriation. DEPARTMENT OF AGRICULTURE comments electronically. All responses to this notice will be Disaster SNAP is authorized by Food and Nutrition Service summarized and included in the request sections 402 and 502 of the Robert T. for Office of Management and Budget Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) Agency Information Collection approval. All comments will become a and the temporary emergency Activities: Proposed Collection; matter of public record. Comment Request—Supplemental provisions contained in Section 5 of the FOR FURTHER INFORMATION CONTACT: Food and Nutrition Act of 2008, and in Nutrition Assistance Program: State Requests for additional information or Issuance and Participation Estimates— 7 CFR part 280 of the SNAP regulations. copies of this information collection State agencies may request FNS Recordkeeping for Forms FNS–388 should be directed to Ralph Badette at and FNS–388A approval to operate a Disaster SNAP in 703–457–7717. an area that has received a Presidential AGENCY: Food and Nutrition Service SUPPLEMENTARY INFORMATION: declaration as a Major Disaster area (FNS), USDA. Title: State Issuance and Participation eligible for Individual Assistance. In ACTION: Notice. Estimates. accordance with 7 CFR 274.4, State Form Number: FNS–388 and FNS– agencies shall keep records and report SUMMARY: In accordance with the 388A. SNAP participation and issuance totals Paperwork Reduction Act of 1995, the OMB Number: 0584–0081. to FNS. Food and Nutrition Service (FNS) is Expiration Date: July 31, 2016. State agencies in general only submit publishing for public comment a Type of Request: Revision of a one statewide FNS–388 per month, summary of a proposed information currently approved collection. which covers benefits from their collection. This is a revision of a Abstract: Section 18(b) of the Food Electronic Benefit Transfer (EBT) currently approved collection for the and Nutrition Act, (the Act) 7 U.S.C. system. The exception is State agencies Supplemental Nutrition Assistance 2027(b), limits the value of allotments that choose to operate an approved Program (SNAP), the forms FNS–388, paid to SNAP households to an amount alternative issuance demonstration State Issuance and Participation not in excess of the appropriation for project such as a cash-out system submit Estimates, and FNS–388A, Project Area the fiscal year. If allotments in any fiscal a separate report for each additional Data Format. The reporting burden for year would exceed the appropriation, type of issuance system. As a result of forms FNS–388 and FNS–388A were the Secretary of Agriculture is required the reporting burden for these forms merged in 2015 with the burden for the to direct State agencies to reduce the being merged with 0584–0594, the Food Programs Reporting System (OMB value of SNAP allotments to the extent collective burden will be reduced by control number 0584–0594, expiration necessary to stay within appropriated 5,187 hours. The remaining 17.28 hours date June 30, 2019). This 60-day notice funding limits. Timely State monthly represents the State recordkeeping serves to renew the recordkeeping issuance estimates are necessary for burden for these forms. Per 7 CFR burden only for these two forms. FNS to ensure that it remains within the 272.1(f), State agencies are required to DATES: Written comments must be appropriation. The estimates will also retain all records associated with the received on or before October 11, 2016. have a direct effect upon the manner in administration of SNAP for no less than

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3 years. The recordkeeping burden has Estimated Number of Responses per recordkeeping burden for OMB No. not changed. Respondent: 13.58. 0584–0081, is 17.28 hours. The current Affected Public: State agencies that Estimated Total Annual Responses: burden inventory for this collection is administer SNAP. 719.74 rounded up to 720. 5,187 hours. This decrease is a result Estimated Hours per Response: .024. merging the reporting burden to OMB# Estimated Number of Respondents: Estimated Total Annual Burden on 0584–0594 collection. See the table 53. Respondents: This revised annual below for estimated total annual burden.

Time per Annual Affected public Forms Number of Frequency of Total annual response recordkeeping recordkeepers response records (hours) hours

State Agencies ...... FNS–388 ...... 53 11.32 600 .024 14.4 FNS–388A ...... 53 2.26 120 .024 2.88

Record-keeping Burden ...... 53 13.58 720 0.024 17.28

Dated: July 12, 2016. mechanical, or other technological payments for the National School Lunch Audrey Rowe, collection techniques or other forms of Program (NSLP) and School Breakfast Administrator, Food and Nutrition Service. information technology. Program (SBP) in school year (SY) [FR Doc. 2016–18972 Filed 8–9–16; 8:45 am] Comments may be sent to: Devin 2017–2018. In addition, APEC III will BILLING CODE 3410–30–P Wallace-Williams, Ph.D., Food and identify School Food Authority (SFA), Nutrition Service, U.S. Department of school, and student/household Agriculture, 3101 Park Center Drive, characteristics that may be related to DEPARTMENT OF AGRICULTURE Alexandria, VA 22302. Comments may error rates, and identify strategies and also be submitted via fax to the attention actionable guidance for reducing errors. Food and Nutrition Service of Devin Wallace-Williams, Ph.D. at Specifically, the four study objectives 703–305–2576 or via email to are: Agency Information Collection [email protected]. • Objective 1: Generate a national Activities: Proposed Collection; Comments will also be accepted through estimate of the annual amount of Comments Request—Third Access the Federal eRulemaking Portal. Go to erroneous payments based on School Participation Eligibility and http://www.regulations.gov, and follow Year 2017–2018 by replicating the APEC Certification Study Series (APEC III) the online instructions for submitting methodology. • AGENCY: Food and Nutrition Service comments electronically. Objective 2: Provide a robust (FNS), USDA. All written comments will be open for examination of the relationship of student (household), school, and SFA ACTION: Notice. public inspection at the office of the characteristics to error rates. Food and Nutrition Service during • SUMMARY: In accordance with the regular business hours (8:30 a.m. to 5:00 Objective 3: Conduct a sub-study on Paperwork Reduction Act of 1995, this p.m. Eastern Standard Time Monday the differences in error rates among notice invites the general public and through Friday) at 3101 Park Center SFAs using different implementation other public agencies to comment on Drive, Alexandria, Virginia 22302. strategies in their school meals programs. this proposed information collection. All responses to this notice will be • This is a reinstatement, with change, of summarized and included in the request Objective 4: Perform qualitative a previously approved collection for for Office of Management and Budget analyses examining the reasons for which approval has expired (OMB approval. All comments will be a matter erroneous payments. Consistent with APEC methodology, Number 0584–0530, Expiration Date: of public record. 08/31/2015); for the Third Access APEC III will collect data to address the FOR FURTHER INFORMATION CONTACT: study objectives using a multistage– Participation Eligibility and Requests for additional information or Certification Study Series (APEC III). clustered sample design, which will copies of this information collection include: DATES: Written comments must be should be directed to Devin Wallace- • A nationally representative sample received on or before October 11, 2016. Williams, Ph.D. at 703–457–6791. of SFAs in the contiguous 48 states and ADDRESSES: Comments are invited on: SUPPLEMENTARY INFORMATION: the District of Columbia; (a) Whether the proposed collection of Title: Third Access, Participation, • A stratified sample of schools information is necessary for the proper Eligibility, and Certification Study within each SFA (i.e. sampling from performance of the functions of the Series (APEC III). SFAs with Community Eligibility agency, including whether the Form Number: Not applicable. Provision (CEP) schools and from SFAs information shall have practical utility; OMB Number: 0584–0530. without CEP schools independently to (b) the accuracy of the agency’s estimate Expiration Date: Not Yet Determined. ensure proportional representation in of the burden of the proposed collection Type of Request: Reinstatement, with the final sample); and of information, including the validity of change, of a previously approved • A random sample of students the methodology and assumptions that collection for which approval has (households) within each sampled were used; (c) ways to enhance the expired. school that applied for free and quality, utility, and clarity of the Abstract: The purpose of this third reduced-price meals (including denied information to be collected; and (d) study on Access, Participation, applicants), were categorically eligible ways to minimize the burden of the Eligibility, and Certification (APEC III) for free meals, or were directly certified collection of information on those who is to provide the Food and Nutrition for free meals. are to respond, including use of Service (FNS) with key information on APEC III will collect data via in- appropriate automated, electronic, the annual error rates and erroneous person visits to SFAs, schools, and

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households to measure certification, • Certification error may result from APEC studies will include tests for aggregation, and meal claiming errors. administrative error on the part of the significant changes over time. The Data collection will include (a) SFA during application review or it can quantitative and qualitative analyses abstraction from income eligibility result from a household reporting error. will examine the sources and causes of applications, categorical eligibility • Certification errors contribute the errors with a focus on identifying records and CEP records for determining largest share to the total erroneous potential policy options for reducing the identified student percentage (ISP); payments. errors. Finally, the estimation modeling (b) abstraction of meal count and 2. Meal claiming errors will provide both State and National claiming records from SFAs, schools • Meal claiming errors occur when models for estimating errors using and FNS administrative data; (c) an SFA there is an improper classification of econometric forecasting and Bayesian director survey; (d) school meal meal reimbursement status based on approaches, and small area estimation observations; and (e) household surveys. meal components served. models (for State level estimates). Abstraction of income eligibility data • In schools operating with offer Affected Public: Individuals/ and household surveys will take place versus serve, including all high schools, Households, State, Local, or Tribal three times during the study year to the student may select fewer meal Government, and Businesses and Other ensure coverage of applicants from components/food items and still have a for Profit and Not for Profit different times during the year. APEC III reimbursable meal (provided all Organizations. Respondent groups data collection will also include components are offered to the student). identified include: (1) Child Nutrition qualitative data collection to help better • In schools that are not operating (CN) State agencies, (2) School Food understand the factors that contribute to under ‘‘offer versus serve,’’ a complete Authorities (SFAs), (3) Schools (both errors, including an SFA director meal must contain all meal components CEP schools and non-CEP schools), and interview, a cafeteria manager interview required under the breakfast or lunch (4) parents/guardians of sampled and in-depth interviews with select meal patterns. students that are either certified to households. Finally, administrative receive a free or reduced price meal or 3. Aggregation errors who applied for but were denied meal participation data (data on the • Aggregation errors occur in the benefits in School Year (SY) 2017–18. number of meals served and claimed for process of counting, consolidating, and sampled students) will be collected as Estimated Number of Respondents: claiming the number of meals served in The total estimated number of well. a given month (by claiming category— To measure certification error in non- respondents is 9,456. This includes free, reduced priced, or paid) 7,606 responding program participants, CEP schools due to administrative • This occurs in the transmission of errors, APEC III will independently (b) 1,824 non-responding program meal count and claim data between participants, and (c) 26 program non- determine certification status based on school, SFA, State and USDA for abstracted application data to assess participants. The responding program reimbursement. participants include: 44 State CN agency errors in the SFA determination of The sample will include schools certification status. To measure administrators; 44 State CN data participating in the CEP and non-CEP managers; 275 directors at SFAs; 275 certification error in non-CEP schools schools. In summary, CEP allows school staff at SFAs; 275 data managers at due to household reporting errors, APEC districts, individual schools, or groups SFAs; 625 school principals; 625 school III will independently determine of schools to offer breakfasts and staff; 625 school cafeteria managers; and certification status based on household lunches at no charge to all students if at 4,818 parents or guardians of sampled survey data. This independent least 40 percent of their students are students. The number of SFA Directors, determination will be compared to ‘‘Identified Students’’—that is, approved Cafeteria Managers and parents or certification status based on data for free meals without an application guardians that will also complete the reported on the application. To measure based on participation in programs such qualitative in-depth interviews are meal claiming errors, APEC III will as the Supplemental Nutrition included in the counts. Non-responding conduct observations of a sample of Assistance Program (SNAP) or program participants include: 62 meals served to students to confirm that Temporary Assistance for Needy directors at SFAs, 156 school principals, meals claimed for reimbursement meet Families (TANF). In CEP, all meals are and 1,606 parents or guardians of the meal pattern requirements. To free to students. However, the sampled students. Program non- measure aggregation error APEC III will percentage of meals claimed at the free participants, as part of cognitive abstract meal count and claiming and paid reimbursement level is pretesting, include: 9 SFA Director records from different sources (school, determined by the Identified Student Survey Pre-test participants; 3 SFA SFA, State) for a target month, and Percentage (ISP). Thus, the procedures Director In-Depth Interview Pre-test identify discrepancies in data reported for measuring certification errors in CEP participants; 2 Cafeteria Manager In- at each stage of the meal counting and will be focused on independently Depth Interview Pre-test participants; 9 claiming process. The following verifying the ISP and the claiming Household Survey Pre-test participants; describes the types of error: percentages for free and paid meals. and 3 Household In-Depth Interview 1. Certification errors The analysis plan includes four Pre-test participants. • Certification errors occur when components: Calculating error and Estimated Frequency of Responses per students are certified for levels of erroneous payment estimates, Respondent: The estimated frequency of benefits for which they are not eligible. comparisons to APEC I and APEC II response across the entire collection is Specifically, the student is certified for estimates, quantitative and qualitative 6.25. For the respondents, the estimated the wrong meal eligibility category. analyses to identify factors associated frequency of response is estimated at • Because each meal eligibility with errors, and developing an error 7.01 annually, while the frequency for category is reimbursed at different rates, forecasting model. The calculation of non-respondents is estimated at 3.09 an error in certification results in an estimates from APEC III will include the annually. Administrators at State CN incorrect level of benefit being paid to incidence of error, the total dollar agencies will be contacted up to two the SFA—either an overpayment or amount of error and the dollar based times: (1) Initial study contact and (2) a underpayment. error rate. The comparisons to prior one-time data request for meal count

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and claiming data submitted by the to three times for: (1) Study notification; Estimated Total Annual Responses: sampled SFAs for the SY 2017–2018. (2) to complete a pre-visit telephone The total estimated number of responses Data managers at the State CN agencies interview to help prepare for the in- for data collection is 59,133. This will be expected to provide a response person data collection visit; and (3) an includes 53,505 for respondents and to the one-time data request. onsite data collection visit to abstract 5,628 for non-respondents. The SFAs (SFA directors, staff at the meal count and claiming records, Estimated Time per Response: The SFAs, and/or data managers at the SFA) conduct observations of meal service estimated time per response is 14.76 will be contacted up to eight times for: and to complete a brief interview with (1) Study notification and request for the cafeteria manager. minutes (0.246 hours) for respondents, the verification of administrative data and 2.94 minutes (0.049 hours) for non- Parents or guardians of sampled respondents. The estimated time of (2) to complete a telephone pre-visit households will be contacted up to response across the entire collection is interview; (3) an on-site visit to abstract three occasions for: (1) Recruitment; (2) 13.62 minutes (0.227 hours). The records; (4) a telephone contact to ask to complete a one time in-person estimated time of response varies from for any additional income eligibility household survey; and (3) to complete applications for new students enrolled an in-depth phone interview (with a 1 minute to four hours depending on during phase 2 of data collection; (5) a subset of 60 households that completed respondent group, as shown in the table telephone contact to ask for any the Household Survey). below. additional income eligibility Estimated Total Annual Burden on applications for new students enrolled There will be approximately 62 non- Respondents: The total public reporting during phase 3 of data collection; (6) a responding SFAs, 156 non-responding burden for this collection of information request for administrative data schools, and 1,606 non-responding submitted to the State CN agency; (7) a households. The burden for non- is estimated at 13,445 hours (annually). request to complete a web-based SFA respondents is outlined in the table that The estimated burden for each type of Director Survey; and (8) a telephone follows, and includes the time to review respondent is given in the table below. contact with a sub-set of 60 SFA introductory materials and respond to Dated: August 2, 2016. the follow up contact call, as well as Directors that complete the SFA Yvette S. Jackson, data collection activities. Director Survey to complete a Acting Administrator, Food and Nutrition qualitative in-depth interview. Program non-participants are Service. Schools (principals, staff, and/or contacted only once for the pretesting of cafeteria managers) will be contacted up survey instruments. BILLING CODE 3410–30–P

VerDate Sep<11>2014 17:34 Aug 09, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices 52817 2.0 45.0 160.6 160.6 4!JL5 24!l.'l 883.3 2,007.5 3,6135 0.0 !JOOO [) 0 1,606 1.606 l 1 0 0 0 1.506 1,606 15 45.0 l&D.6 160.6 3"613.5 0.500 0.083 0050 0.033 0.033 0.333 0.750 0.083 !JJSO , ,, 60 60 4,818 4,818 4,818 4,818 4,818 4$18 4,818 4,818 4,818 1 1 1 3 50 60 4,818 4,818 4,818 4,818 4,818 4,!!18 4,818 4,818 4,818 3) 3 60 50 4,818 4,818 4,818 4,818 4,318 4,818 6,424 6,424 of 1 I \;;,hf'}l.ll Received Contact (page "'"'11rl"~ Incentives 1<:;;.hrdrl lnitH'n.: Recruitment Table l-1rH ~ Survey T;;.:::t Estimate 11~..-.owdtiu~ Non- of :ipants Type Program Burden respor~der Program I III Category Household lle~p

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VerDate Sep<11>2014 17:34 Aug 09, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4725 E:\FR\FM\10AUN1.SGM 10AUN1 mstockstill on DSK3G9T082PROD with NOTICES EN10AU16.004 Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices 52819 L7 1.5 45.& 91.1 H2.5 156.3 275.0 2.08.3 466.8 13..445 5,1!63.$ I '- 6.0 39.0 275.{1 I "'""'"'"' 0.250 0.!149 C.!lu"l!l I 0 0 628 .• 156 5 r 1 1 D 3.00 I \l 0 156 1.824 1.7 1.5 52.1 .,,-,..,.., 275.0 2083 312.5 156.3 l1uos.ol l.OOIJ ,.,...,,..,... Q.333 0.246 l}1},g;3 tt250 0.1£7 0.167 r 2 10 275 275 625 ,-,..,. 525 625 625 53.505 I 1 1 1 1 1 1 1 1 7.{)1 r 2 l!l 2.75 275 '" 175 275 275 2.75 625 625 625 625 525 175 625 525 - 7.632 I ,.. 2 .. 275 275 275 625 525 .- :ns 275 275 275 275 625 71!1 781 9.456 of3) 3 I I I I I . r;,..,_.-;.- ·----- .Access (page r.A'='"'""''"'""r Guide .... Count •... ~P - Data uoser\l't:n:n:m Manager 'T<:>,.i'"- ...... Follow r."'...,.;;,.,...,,.,+<""'"' .-..t ..... School .-.~...,;,..;,,,, .-h. . . ·---·--· aansacnon Estimate >:: to l'" cafeteria jinterau jScl1ooi 1 I ISJ:I1oolsi I !\!,-,,.,_ of Staff At Staff lOT Type 5ci1DOI Manager Cafeter~a resiJOil{lents n.-.,-,'""r""'..,., I III Burden AI (SF category Respoo!!ent APEC

[FR Doc. 2016–18983 Filed 8–9–16; 8:45 am] BILLING CODE 3410–30–C

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DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: approval when they are developed or Title: Supplemental Nutrition changed. Food and Nutrition Service Assistance Program: State Agency Estimates of burden: FNS estimates 53 Options. Agency Information Collection State agencies will submit one request OMB Number: 0584–0496. each to adjust the SUAs, for a total Activities: Proposed Collection; Form Number: None. Comment Request—Supplemental Expiration Date: December 31, 2016. annual response of 53 requests at a Nutrition Assistance Program: State Type of Request: Revision of a minimum of 2.5 hours annually (53 State agencies × 1 SUAs request = 53 Agency Options currently approved information × collection. total annual responses 2.5 hours = AGENCY: Food and Nutrition Service Abstract: The collections covered 132.5 hours). The total burden for this (FNS), USDA. under OMB Number 0584–0496 address provision is estimated to be 132.5 hours ACTION: Notice. information and burden estimates per year. This is an increase of 2.5 hours associated with the following State from the previous submission, due to an SUMMARY: In accordance with the Agency Options: Establishing and increase in State agencies implementing Paperwork Reduction Act of 1995, this this option. notice invites the general public and reviewing standard utility allowances other public agencies to comment on the and establishing methodology for Self-Employment Costs proposed collection. This is a revision offsetting cost of producing self- The regulations at 7 CFR 273.11(b) of the currently approved burden for the employment income. This notice revises the State Agency allow self-employment income to be Supplemental Nutrition Assistance Options information collection for the reduced by the cost of producing such Program (SNAP): State Agency Options Supplemental Nutrition Assistance income. The regulations allow the State information collection. Program (SNAP) to reflect changes in agencies, with approval from FNS, to DATES: Written comments must be the number of States that have establish the methodology for offsetting received on or before October 11, 2016. implemented the options herein and the the costs of producing self-employment ADDRESSES: Comments are invited on: change in burden since the previous income, as long as the procedure does (a) Whether the proposed collection of revision. Federal regulations not increase program costs. information is necessary for the proper implementing SNAP application and Estimates of burden: Based on the performance of the functions of the certification procedures are contained in information provided in the Twelfth agency, including whether the parts 271, 272 and 273 of title 7 of the Edition of the SNAP State Options information shall have practical utility; Code of Federal Regulations (CFR). The Report, out of the 53 State agencies, 21 (b) the accuracy of the agency’s estimate regulations addressing State agency State agencies have incorporated a of the burden of the proposed collection options specified in this collection are methodology for determining the cost of of information, including the validity of contained in 7 CFR 273. doing business in self-employment the methodology and assumptions that Using FNS–388 and 388A, (approved cases. This is an increase from 18 States were used; (c) ways to enhance the under OMB# 0584–0594 expiration date in the previously approved information quality, utility and clarity of the 6/30/2019), States send aggregate level collection. It is estimated that these 21 information to be collected; and (d) data on participation, benefits issued, States will submit one request each, ways to minimize the burden of the and other basic program information to totaling 21 annual responses. States will collection of information on those who FNS using the Food Programs Reporting incur a burden of at least 10 working are to respond, including through the System (FPRS) via this Web site: https:// hours gathering and analyzing data, use of appropriate automated, fprs.fns.usda.gov. These FNS approved developing the methodology, electronic, mechanical or other forms are used as supplemental data determining the cost implication and technological collection techniques or only and this collection is not seeking submitting a request to FNS, for a total other forms of information technology. any additional burden hours for the use Comments may be sent to: Sasha burden of 210 hours annually (21 State of these forms. agencies × 1 request = 21 total annual Gersten-Paal, Food and Nutrition Since the last renewal, there have × Service, U.S. Department of Agriculture, responses 10 working hours = 210 been changes in the number of States burden hours). This is an increase of 30 3101 Park Center Drive, Room 812, that implement the options in this Alexandria, VA 22302. Comments may burden hours from the previous collection. This collection revises the submission. also be submitted via fax to the attention number of State agencies that have of Ms. Gersten-Paal at 703–305–2507 or implemented the options herein as well Record Keeping Burden Only via email to Sasha.Gersten-Paal@ as the burden associated with the fns.usda.gov. Comments will also be collection. All 53 State agencies are required to accepted through the Federal keep and maintain one record of the eRulemaking Portal. Go to http:// Establishing and Reviewing Standard information gathered and submitted to www.regulations.gov, and follow the Utility Allowances FNS for the SUA and self-employment online instructions for submitting The regulations at 7 CFR options. It is estimated that this process comments electronically. 273.9(d)(6)(iii) allow State agencies to will take 7 minutes or .1169 hours per All responses to this notice will be establish standard utility allowances year for each State agency, resulting in summarized and included in the request (SUA) in place of the actual utility costs a total annual burden of 6 hours (53 × for Office of Management and Budget incurred by a household. State agencies State agencies 1 record = 53 total × (OMB) approval. All comments will be are required to review and adjust SUAs annual records .1169 hours = 6 hours). a matter of public record. annually to reflect changes in the costs This burden remains unchanged from FOR FURTHER INFORMATION CONTACT: of utilities. State agencies are required the previous submission. Requests for additional information or to submit the amounts of standards The following table illustrates the copies of this information collection when they are changed and burden estimates associated with the should be directed to Ms. Gersten-Paal methodologies used to develop and State agency options included in this at 703–305–2486 update the standards to FNS for collection.

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Estimated Estimated Responses average Estimated Respondent and reporting activities number of annually per Total annual number of total hours respondents respondent responses hours per (Col. dxe) response

Reporting Burden—Establishing and Reviewing Standard Utility Allowances (SUAs) State, Local or Tribal Agencies ...... 53 1 53 2.50 132.5 Reporting Burden—Establishing Self-Employment Costs Methodology State, Local or Tribal Agencies ...... 21 1 21 10 210 Total Reporting Burden ...... 53 ...... 74 ...... 342.5 Recordkeeping Burden State, Local or Tribal Agencies ...... 53 1 53 0.1169 6 Total Recordkeeping Burden ...... 53 ...... 53 ...... 6

Total Burden Summary for Reporting and Rec- ordkeeping ...... 53 ...... 127 ...... 348.5

Dated: August 2, 2016. a.m. and 8 p.m., Eastern Time, Monday names and addresses when provided, Yvette S. Jackson, through Friday. are placed in the record and are Acting Administrator, Food and Nutrition available for public inspection and Jonathan Kazmierski, Service. copying. The public may inspect District Ranger. [FR Doc. 2016–18980 Filed 8–9–16; 8:45 am] comments received at the USDA [FR Doc. 2016–18690 Filed 8–9–16; 8:45 am] BILLING CODE 3410–30–P Mendocino National Forest, Grindstone BILLING CODE 3410–11–M Ranger District, 825 North Humboldt Avenue, Willows, California. Please call DEPARTMENT OF AGRICULTURE ahead at 530–934–3316 to facilitate DEPARTMENT OF AGRICULTURE entry into the building. Forest Service Forest Service FOR FURTHER INFORMATION CONTACT: Randy Jero, Committee Coordinator by Withdrawal of Notice of Intent To phone at 530–934–3316, or via email at Prepare an Environmental Impact Tehama County Resource Advisory [email protected]. Individuals who use Statement; Sand Lick Fork Watershed Committee Meeting telecommunication devices for the deaf Restoration Project; Daniel Boone AGENCY: Forest Service, USDA. (TDD) may call the Federal Information National Forest, KY ACTION: Notice of meeting. Relay Service (FIRS) at 1–800–877–8339 AGENCY: Forest Service, USDA. between 8:00 a.m. and 8:00 p.m., SUMMARY: The Tehama County Resource ACTION: Notice of Withdrawal. Eastern Standard Time, Monday Advisory Committee (RAC) will meet in through Friday. Red Bluff, California. The committee is SUMMARY: In the Tuesday, September 11, SUPPLEMENTARY INFORMATION: The authorized under the Secure Rural 2012 Federal Register (FR) Vo. 77, No. purpose of the meeting is to discuss Schools and Community Self- 176, pages 55796–55798, the Forest current or completed projects and Determination Act (the Act) and Service announced its intention to present new projects for review. The operates in compliance with the Federal prepare an Environmental Impact meeting is open to the public. The Advisory Committee Act. The purpose Statement (EIS) in accordance with the agenda will include time for people to of the committee is to improve National Environmental Policy Act, 42 make oral statements of three minutes or collaborative relationships and to U.S.C. 4321 (NEPA) to improve water less. Individuals wishing to make an provide advice and recommendations to quality and reduce soil loss on the oral statement should request in writing the Forest Service concerning projects Daniel Boone National Forest. The draft by August 18, 2016, to be scheduled on and funding consistent with Title II of environmental impact statement the agenda. Anyone who would like to the Act. RAC information can be found expected in December 2012 was not bring related matters to the attention of at the following Web site: http:// completed. The Forest Service the committee may file written www.fs.usda.gov/main/pts/ withdraws the Notice of Intent to statements with the committee staff specialprojects/racweb. prepare an EIS because public before or after the meeting. Written involvement discussions revealed a DATES: The meeting will be held on comments and requests for time for oral need for additional collaboration. This August 25, 2016, from 9:00 a.m. to 12:00 comments must be sent to Randy Jero, withdrawal does not preclude future p.m. Committee Coordinator, USDA proposals for Forest Service All RAC meetings are subject to Mendocino National Forest, Grindstone management within the project area. cancellation. For status of meeting prior Ranger District, 825 North Humboldt DATES: This action is effective upon to attendance, please contact the person Avenue, Willows, California 95988; or FOR FURTHER INFORMATION publication in the Federal Register. listed under by email to [email protected], or via FOR FURTHER INFORMATION CONTACT: CONTACT. facsimile to 530–934–7384. Jonathan Kazmierski at 606–784–6428 ADDRESSES: The meeting will be held at Meeting Accommodations: If you are or via email at [email protected]. the Tehama County Farm Bureau, 275 a person requiring reasonable Individuals who use telecommunication Sale Lane, Red Bluff, California. Written accommodation, please make requests devices for the deaf (TDD) may call the comments may be submitted as in advance for sign language Federal Information Relay Service described under SUPPLEMENTARY interpreting, assistive listening devices (FIRS) at 1–800–877–8339 between 8 INFORMATION. All comments, including or other reasonable accommodation. For

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access to the facility or proceedings, date the notice is published will be used Dixie National Forest please contact the person listed in the to establish the official date for the Dixie Forest Supervisor decisions: The section titled FOR FURTHER INFORMATION beginning of the comment or appeal/ Spectrum CONTACT. All reasonable objection period. The newspapers to be accommodation requests are managed used are as follows: District Ranger decisions for Cedar City, on a case by case basis. Escalante, Pine Valley and Powell: Regional Forester, Intermountain The Spectrum. Dated: August 3, 2016. Region Fremont (formerly Teasdale) District Eduardo Olmedo, Regional Forester decisions affecting Ranger decisions: Richfield Reaper District Ranger. National Forests in Idaho: Idaho Fishlake National Forest [FR Doc. 2016–18824 Filed 8–9–16; 8:45 am] Statesman BILLING CODE 3411–15–M Regional Forester decisions affecting Fishlake Forest Supervisor and District National Forests in Nevada: Reno Ranger decisions: Richfield Reaper Gazette-Journal DEPARTMENT OF AGRICULTURE Humboldt-Toiyabe National Forest Regional Forester decisions affecting Humboldt-Toiyabe Forest Supervisor Forest Service National Forests in Wyoming: Casper Star-Tribune decisions that encompass all or Newspapers Used for Publication of Regional Forester decisions affecting portions of both the Humboldt and Legal Notices by the Intermountain National Forests in Utah: Salt Lake Toiyabe National Forests: Reno Region; Utah, Idaho, Nevada, and Tribune Gazette-Journal Wyoming Regional Forester decisions that affect Humboldt-Toiyabe Forest Supervisor all National Forests in the decisions for the Humboldt portion: AGENCY: Forest Service, USDA. Intermountain Region: Salt Lake Elko Daily Free Press ACTION: Notice. Tribune Humboldt-Toiyabe Forest Supervisor decisions for the Toiyabe portion: SUMMARY: This notice lists the Ashley National Forest Reno Gazette-Journal newspapers that will be used by the Ashley Forest Supervisor decisions: Austin District Ranger decisions: The ranger districts, forests and regional Vernal Express Battle Mountain Bugle office of the Intermountain Region to Bridgeport and Carson District Ranger publish legal notices required under 36 District Ranger decisions for Duchesne, decisions: Reno Gazette-Journal CFR 214, 219, and 218. The intended Roosevelt: Uintah Basin Standard effect of this action is to inform Flaming Gorge District Ranger for Ely District Ranger decisions: The Ely interested members of the public which decisions affecting Wyoming: Rocket Times newspapers the Forest Service will use Miner District Ranger decisions for Jarbidge, to publish notices of proposed actions Flaming Gorge and Vernal District Mountain City and Ruby Mountains: and notices of decision. This will Ranger for decisions affecting Utah: Elko Daily Free Press provide the public with constructive Vernal Express Santa Rosa District Ranger decisions: notice of Forest Service proposals and Boise National Forest Humboldt Sun decisions provide information on the Spring Mountains National Recreation procedures to comment, object or Boise Forest Supervisor decisions: Area District Ranger decisions: Las appeal, and establish the date that the Idaho Statesman Vegas Review Journal Forest Service will use to determine if Cascade District Ranger decisions: The Tonopah District Ranger decisions: comments or appeals/objection were Star-News Tonopah Times Bonanza-Goldfield timely. Emmett District Ranger decisions: News Messenger-Index DATES: Publication of legal notices in District Ranger decisions for Idaho City Manti-La Sal National Forest the listed newspapers will begin on or and Mountain Home: Idaho Manti-La Sal Forest Supervisor after July 2016. The list of newspapers Statesman will remain in effect until June 2017, decisions: Sun Advocate Lowman District Ranger decisions: Ferron District Ranger decisions: Emery when another notice will be published Idaho World in the Federal Register. County Progress FOR FURTHER INFORMATION CONTACT: Kris Bridger-Teton National Forest Moab District Ranger decisions: Times Independent Rutledge, Regional Appeals/Objection Bridger-Teton Forest Supervisor and Coordinator, Intermountain Region, 324 District Ranger decisions: Casper Star- Monticello District Ranger decisions: 25th Street, Ogden, UT 84401 and Tribune San Juan Record phone (801) 625–5146. Price District Ranger decisions: Sun Caribou-Targhee National Forest SUPPLEMENTARY INFORMATION: The Advocate administrative procedures at 36 CFR Caribou-Targhee Forest Supervisor Sanpete District Ranger decisions: 214, 219, and 218 require the Forest decisions for the Caribou portion: Sanpete Messenger Service to publish notices in a Idaho State Journal Payette National Forest newspaper of general circulation. The Caribou-Targhee Forest Supervisor content of the notices is specified in 36 decisions for the Targhee portion: Payette Forest Supervisor decisions: CFR 214, 219 and 218. In general, the Post Register Idaho Statesman notices will identify: The decision or District Ranger decisions for Ashton, Council District Ranger decisions: project, by title or subject matter; the Dubois, Island Park, Palisades and Adams County Record name and title of the official making the Teton Basin: Post Register District Ranger decisions for Krassel, decision; how to obtain additional District Ranger decisions for Montpelier, McCall and New Meadows: Star News information; and where and how to file Soda Springs and Westside: Idaho Weiser District Ranger decisions: Signal comments or appeals/objection. The State Journal American

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Salmon-Challis National Forest address the 2017 Census Tribal census.gov (subject line ‘‘August 22 Salmon-Challis Forest Supervisor Enrollment Reinterview Questions and 2016 NAC Virtual Meeting Public decisions for the Salmon portion: The the Integrated Partnership and Comment’’), or by letter submission to Recorder-Herald Communications Working Group will the Committee Liaison Officer, Salmon-Challis Forest Supervisor make recommendations to the NAC. The Department of Commerce, U.S. Census decisions for the Challis portion: The NAC will meet virtually on Monday, Bureau, Room 8H179, 4600 Silver Hill Challis Messenger August 22, 2016. Last minute changes to Road, Washington, DC 20233. District Ranger decisions for Lost River, the schedule are possible, which could Dated: August 4, 2016. Middle Fork and Challis-Yankee Fork: prevent giving advance public notice of John H. Thompson, schedule adjustments. Please visit the The Challis Messenger Director, Bureau of the Census. District Ranger decisions for Leadore, Census Advisory Committees Web site for the most current meeting agenda at: [FR Doc. 2016–18956 Filed 8–9–16; 8:45 am] North Fork and Salmon-Cobalt: The BILLING CODE 3510–07–P Recorder-Herald http://www.census.gov/cac/. DATES: August 22, 2016. The virtual Sawtooth National Forest meeting will begin at approximately DEPARTMENT OF COMMERCE Sawtooth Forest Supervisor decisions: 1:00 p.m. ET and end at approximately The Times News 3:00 p.m. ET. Foreign-Trade Zones Board District Ranger decisions for Fairfield ADDRESSES: The meeting will be held [Order No. 2010] and Minidoka: The Times News via teleconference. To attend, Ketchum District Ranger decisions: participants should call the following Expansion of Subzone 149C; Phillips Idaho Mountain Express phone number to access the audio 66 Company; Brazoria County, Texas Sawtooth National Recreation Area: The portion of the meeting: (888) 946–8391. Challis Messenger When prompted, please use the Pursuant to its authority under the Foreign-Trade Zones Act of June 18, Uinta-Wasatch-Cache National Forest following password: 7631920. The meeting will be available via WebEx at 1934, as amended (19 U.S.C. 81a-81u), Forest Supervisor decisions for the the following URL link: https://census. the Foreign-Trade Zones Board (the Uinta portion, including the Vernon webex.com/census/j.php?MTID= Board) adopts the following Order: Unit: Provo Daily Herald m57428baace6aa969295c94ccb Whereas, the Foreign-Trade Zones Act Forest Supervisor decisions for the 1763171. provides for ‘‘. . . the establishment Wasatch-Cache portion: Salt Lake . . . of foreign-trade zones in ports of Tribune FOR FURTHER INFORMATION CONTACT: Tara entry of the United States, to expedite Forest Supervisor decisions for the Dunlop Jackson, Advisory Committee and encourage foreign commerce, and entire Uinta-Wasatch-Cache: Salt Lake Branch Chief, Customer Liaison and for other purposes,’’ and authorizes the Tribune Marketing Services Office, Foreign-Trade Zones Board to grant to District Ranger decisions for the Heber- [email protected], Department qualified corporations the privilege of Kamas, Pleasant Grove and Spanish of Commerce, U.S. Census Bureau, establishing foreign-trade zones in or Fork Ranger Districts: Provo Daily Room 8H177, 4600 Silver Hill Road, adjacent to U.S. Customs and Border Herald Washington, DC 20233, telephone 301– Protection ports of entry; District Ranger decisions for Evanston 763–5222. For TTY callers, please use Whereas, the Board’s regulations (15 and Mountain View: Uinta County the Federal Relay Service 1–800–877– CFR part 400) provide for the Herald 8339. establishment of subzones for specific District Ranger decisions for Salt Lake: SUPPLEMENTARY INFORMATION: The NAC uses; Salt Lake Tribune was established in March 2012 and Whereas, Port Freeport, grantee of District Ranger decisions for Logan: operates in accordance with the Federal Foreign-Trade Zone 149, has made Logan Herald Journal Advisory Committee Act (title 5, United application to the Board to expand District Ranger decisions for Ogden: States Code, Appendix 2, section 10). Subzone 149C on behalf of Phillips 66 Standard Examiner NAC members are appointed by the Company to include additional acreage Dated: July 13, 2016. Director, U.S. Census Bureau, and at existing Site 5 in Brazoria County, Mary Farnsworth, consider topics such as hard to reach Texas (FTZ Docket B–82–2015, populations, race and ethnicity, docketed December 4, 2015); Acting Deputy Regional Forester. language, aging populations, American Whereas, notice inviting public [FR Doc. 2016–18961 Filed 8–9–16; 8:45 am] Indian and Alaska Native tribal comment has been given in the Federal BILLING CODE 3410–11–P considerations, new immigrant Register (80 FR 76443, December 9, populations, populations affected by 2015) and the application has been natural disasters, highly mobile and processed pursuant to the FTZ Act and DEPARTMENT OF COMMERCE migrant populations, complex the Board’s regulations; and, households, rural populations, and Whereas, the Board adopts the Bureau of the Census population segments with limited findings and recommendations of the National Advisory Committee access to technology. The Committee examiner’s memorandum, and finds that also advises on data privacy and the requirements of the FTZ Act and the AGENCY: Bureau of the Census, confidentiality, among other issues. Board’s regulations are satisfied; Department of Commerce. All meetings are open to the public. Now, Therefore, the Board hereby ACTION: Notice of public virtual meeting. A brief period will be set aside at the approves the expansion of Subzone meeting for public comment on August 149C on behalf of Philipps 66 Company, SUMMARY: The Bureau of the Census 22. Individuals with extensive questions as described in the application and (Census Bureau) is giving notice of a or statements must submit them in Federal Register notice, subject to the virtual meeting of the National Advisory writing to: FTZ Act and the Board’s regulations, Committee (NAC). The Committee will census.national.advisory.committee@ including Section 400.13.

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Signed at Washington, DC, August 2, 2016. FTZ Board (15 CFR part 400), including ethyl methyl carbonate; ethylene Ronald K. Lorentzen, notice in the Federal Register inviting carbonate; n-methyl-2-pyrrolidone; Acting Assistant Secretary of Commerce for public comment (81 FR 24563, April 26, preparations based on carbon black; Enforcement and Compliance, Alternate 2016). The FTZ Board has determined lubricants for gears; automatic Chairman, Foreign-Trade Zones Board. that no further review of the activity is transmission fluid lubricants; grease; [FR Doc. 2016–18941 Filed 8–9–16; 8:45 am] warranted at this time. The production adhesives; epoxy hardeners; graphite; BILLING CODE 3510–DS–P activity described in the notification is joint compound; battery electrolyte; authorized, subject to the FTZ Act and carbon black solution (AB paste); the Board’s regulations, including sealants; methacrylate-butadiene- DEPARTMENT OF COMMERCE section 400.14. styrene (MBS) copolymers; polyvinylidene fluoride (PVDF); Foreign-Trade Zones Board Dated: August 4, 2016. Andrew McGilvray, carboxymethylcellulose (CMC); [S–49–2016] Executive Secretary. electrical tape; polyethylene separators; polypropylene separators; plastic [FR Doc. 2016–18919 Filed 8–9–16; 8:45 am] Approval of Subzone Status; Rooms to tubing/fittings for hoses/gap pads/bags/ Go (PR), Inc.; Toa Baja, Puerto Rico BILLING CODE 3510–DS–P caps and closures/plugs/trays/baffle inserts/brackets/cable supports/cable On April 20, 2016, the Executive ties/clips/fasteners/gaskets/heatshrink/ Secretary of the Foreign-Trade Zones DEPARTMENT OF COMMERCE mounts and fittings/o-rings/seals/pipes (FTZ) Board docketed an application for stators/covers for converters; plastic submitted by the Puerto Rico Trade & Foreign-Trade Zones Board self-adhesive sheets in rolls/tapes/films/ Export Company, grantee of FTZ 61, [B–51–2016] labels/strips; butadiene-styrene-alkyl- requesting subzone status subject to the methacrylate copolymer; styrene- existing activation limit of FTZ 61, on Foreign-Trade Zone (FTZ) 126—Reno, butadiene rubber (SBR); rubber hoses/o- behalf of Rooms to Go (PR), Inc., in Toa Nevada, Notification of Proposed rings/seals/bumpers/grommets/isolator Baja, Puerto Rico. Production Activity, Tesla Motors, Inc., bushings; labels; nickel-plated steel The application was processed in Subzone 126D; (Lithium-Ion Batteries, sheets; steel pipes for rotors/pipe bends accordance with the FTZ Act and Electric Motors and Stationary Energy and elbow fittings/other pipe fittings/ Regulations, including notice in the Storage Systems), Sparks, Nevada tubefittings/mesh/bolts/screws/ Federal Register inviting public The Economic Development locknuts/nuts/plugs/studs/washers/ comment (81 FR 24563, April 26, 2016). Authority of Western Nevada, grantee of dowel pins/springs/caps/clamps/clips/ The FTZ staff examiner reviewed the FTZ 126, submitted a notification of retainer plates/rings; copper profiles for application and determined that it proposed production activity to the FTZ rotors/bars for rotors/shield plates/foil/ meets the criteria for approval. Board on behalf Tesla Motors, Inc. ferrules; brass standoffs; nickel alloy Pursuant to the authority delegated to (Tesla), operator of Subzone 126D, for plates; nickel copper tabs (copper the FTZ Board’s Executive Secretary (15 its facility located in Sparks, Nevada. ribbon); aluminum alloy bonding wire CFR Sec. 400.36(f)), the application to The notification conforming to the and sheets; aluminum foil/tube fittings/ establish Subzone 61R is approved, requirements of the regulations of the spacers/discs/clamps/plugs/cooling subject to the FTZ Act and the Board’s FTZ Board (15 CFR 400.22) was tubes/capacitors; tubular keys; metal regulations, including Section 400.13, received on July 20, 2016. hinges/brackets for motor vehicles/ and further subject to FTZ 61’s 1,821.07- The facility is used for the production fittings for motor vehicles/brackets and acre activation limit. of lithium-ion batteries, electric motors mounts suitable for buildings/brackets/ Dated: August 3, 2016. and stationary energy storage systems. fittings/mounts/latches/spacers for Andrew McGilvray, Pursuant to 15 CFR 400.14(b), FTZ rotors; braze rings; displacement pumps; Executive Secretary. activity would be limited to the specific electric oil pumps; centrifugal pumps; [FR Doc. 2016–18942 Filed 8–9–16; 8:45 am] foreign-status materials and components compressors; fans; parts of compressors; BILLING CODE 3510–DS–P and specific finished products described battery chillers; heat exchangers; in the submitted notification (as radiator/condenser assemblies; parts of described below) and subsequently heat exchangers; parts of radiators; oil DEPARTMENT OF COMMERCE authorized by the FTZ Board. filters; housings for air filters; parts of Production under FTZ procedures air filters; parts of oil filters; air particle Foreign-Trade Zones Board could exempt Tesla from customs duty separators; pressure relief valves; check [B–21–2016] payments on the foreign-status materials valves; breather valves; coolant and components used in export manifolds; parts of breather valves; Foreign-Trade Zone (FTZ) 46G— production. On its domestic sales, Tesla valve bodies; drive unit assemblies; Cincinnati, Ohio, Authorization of would be able to choose the duty rates bearing endbells; heat sinks for drive Production Activity, Givaudan Flavors during customs entry procedures that units; housings for motors; inverter Corporation, (Flavor Products), apply to lithium-ion batteries/cells/ gearcases; laminations for stators; motor Cincinnati, Ohio modules, electric motors, and stationary gearcases; parts of bearing endbells; energy storage systems (duty rates— parts of encoders; parts of gearcases; On April 1, 2016, Givaudan Flavors 2.8% or 3.4%) for the foreign-status parts of heat sinks to drive units; other Corporation submitted a notification of inputs noted below. Customs duties also parts of motors; rotor endcaps; rotor proposed production activity to the could possibly be deferred or reduced shafts; rotor stacks; rotors; stator stacks; Foreign-Trade Zones (FTZ) Board for its on foreign-status production equipment. stators; electrical transformers; drive facility within FTZ 46—Subzone 46G in The components and materials inverters; power supplies; ferrite beads; Cincinnati, Ohio. sourced from abroad include: Carbon power inductors; doors for thermal The notification was processed in black; silicon oxide; nickel cobalt power supplies; housings for drive accordance with the regulations of the aluminum cathode material; coolants; inverters; parts of drive inverters; parts

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of manifolds for inverters; parts of 1401 Constitution Avenue NW., determine that there is a subsidy (i.e., a power supplies; printed circuit board Washington, DC 20230–0002, and in the financial contribution by an ‘‘authority’’ assemblies for converters; printed ‘‘Reading Room’’ section of the FTZ that gives rise to a benefit to the circuit board assemblies for power Board’s Web site, which is accessible recipient) and that the subsidy is supplies; magnets; finished lithium-ion via www.trade.gov/ftz. specific.2 For a full description of the batteries; finished lithium-ion batteries For further information, contact Diane methodology underlying our for electrically powered vehicles; Finver at [email protected] or preliminary conclusions, see the battery exhaust ducts; connectors for (202) 482–1367. Preliminary Decision Memorandum. batteries; enclosures for finished battery Dated: August 2, 2016. A list of topics discussed in the packs (and parts thereof); fittings for Andrew McGilvray, Preliminary Decision Memorandum is lithium-ion battery cells; fittings for included as Appendix I to this notice. lithium-ion battery modules; insulators Executive Secretary. for lithium-ion battery modules; layer [FR Doc. 2016–18917 Filed 8–9–16; 8:45 am] The Preliminary Decision and aramid heat resistance layers BILLING CODE 3510–DS–P Memorandum is a public document and (separators); lithium-ion battery cells; is on file electronically via Enforcement lithium-ion battery modules; multilayer and Compliance’s Antidumping and laminated film layered by polyolefin DEPARTMENT OF COMMERCE Countervailing Duty Centralized Electronic Service System (ACCESS). base; parts of heat sinks to lithium-ion International Trade Administration batteries, parts of lithium-ion battery ACCESS is available to registered users cells and modules; side rails for lithium- [C–489–806] at http://access.trade.gov, and is ion battery enclosures; steel enclosures available to all parties in the Central for batteries (and parts thereof); terminal Pasta From Turkey: Preliminary Records Unit, Room B8024 of the main plates; top plates for lithium-ion battery Results of Countervailing Duty Department of Commerce building. In cells; vents; capacitors; single layer Administrative Review; 2014 addition, a complete version of the Preliminary Decision Memorandum can ceramic dielectrics; multilayer ceramic AGENCY: Enforcement and Compliance, dielectrics; fixed film resistors; fixed International Trade Administration, be accessed directly at http:// resistors; thermistors; flexible printed Department of Commerce. enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and circuit board assemblies; fuses; SUMMARY: The Department of Commerce the electronic version of the Preliminary grounding wires; electrical relays; (the Department) preliminarily Decision Memorandum are identical in electrical switches; connectors for determines that countervailable content. printed circuit board assemblies; pin subsidies are being provided to receptacles; wire harness connectors; producers and exporters of certain pasta Preliminary Results of Review busbars; electrical connectors; junction from Turkey. The period of review is boxes; lug connectors; terminal lugs; January 1, 2014 through December 31, As a result of this review, we terminals; controller boards; 2014. Interested parties are invited to preliminarily determine a net switchboards; housings for controllers; comment on these preliminary results of countervailable subsidy rate of 2.21 housings for junction boxes; housings review. percent ad valorem for Bessan Makarna for plastic connectors; metal contacts; Gida San. Ve Tic. A.S¸, for the period DATES: Effective August 10, 2016. molded parts for printed circuit board January 1, 2014, through December 31, assemblies; parts of connectors; parts of FOR FURTHER INFORMATION CONTACT: 2014. fuses; plates for junction boxes; printed Jennifer Shore or Mark Kennedy, AD/ circuit board assemblies for controllers; CVD Operations, Office I, Enforcement Disclosure and Public Comment printed circuit board assemblies; diodes; and Compliance, International Trade Administration, U.S. Department of The Department intends to disclose to transient voltage suppression (TVS) interested parties the calculations diodes; transistors; LED lights; Commerce, 1401 Constitution Avenue, Washington, DC 20230; telephone: (202) performed in connection with these programmable integrated circuits; preliminary results within five days of operational amplifiers; other integrated 482–2778 or (202) 482–7883, the date of publication of this notice.3 circuits; crystal oscillators; encoder respectively. Pursuant to 19 CFR 351.309(c), wheels; wire harnesses; thermal Scope of the Order interested parties may submit case briefs barriers; ceramic insulators; plastic no later than 30 days after the date of insulating fittings; cross shafts; gear box The product covered by this publication of these preliminary results coolers; intermediate shafts; parts of administrative review is pasta from of review. Parties who submit gears; pinion gears; differential roll pins; Turkey. For a full description of the arguments are requested to submit with differentials; housings for differentials; scope of this order see the Preliminary 1 the argument: (1) A statement of the parts of differentials; parts of drive Decision Memorandum. issue; (2) a brief summary of the shafts; baffles for oil pans; sensors; and, Methodology 4 thermal regulators (duty rate ranges argument; and (3) a table of authorities. from free to 8.5%). The Department is conducting this Rebuttals to case briefs may be filed no Public comment is invited from countervailing duty (CVD) later than five days after the deadline for interested parties. Submissions shall be administrative review in accordance filing case briefs, and all rebuttal addressed to the FTZ Board’s Executive with section 701 of the Tariff Act of comments must be limited to comments 5 Secretary at the address below. The 1930, as amended (the Act). For each of raised in the case briefs. Case and closing period for their receipt is the subsidy programs found September 19, 2016. countervailable, we preliminarily 2 See sections 771(5)(B) and (D) of the Act A copy of the notification will be regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of available for public inspection at the 1 See Memorandum, ‘‘Decision Memorandum for Preliminary Results of Countervailing Duty 2014 the Act regarding specificity. Office of the Executive Secretary, Administrative Review of Pasta from Turkey,’’ 3 See 19 CFR 351.224(b). Foreign-Trade Zones Board, Room dated concurrently with, and hereby adopted by, 4 See 19 CFR 351.309(c)(2) and (d)(2). 21013, U.S. Department of Commerce, this notice (Preliminary Decision Memorandum). 5 See 19 CFR 351.309(d).

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rebuttal briefs should be filed Dated: August 3, 2016. Department amended the AR2 Final electronically using ACCESS.6 Ronald K. Lorentzen, Results to correct a ministerial error.2 As Pursuant to 19 CFR 351.310(c), Acting Assistant Secretary for Enforcement a result, the Department assigned interested parties who wish to request a and Compliance. Koehler a weighted-average dumping hearing must submit a written request to margin of 4.33 percent.3 Subsequently, Appendix I—List of Topics Discussed in the Assistant Secretary for Enforcement Koehler and Appvion, Inc.4 challenged the Preliminary Decision Memorandum and Compliance, U.S. Department of the AR2 Amended Final Results in the Commerce, filed electronically using I. Summary CIT.5 While that litigation was pending, ACCESS. An electronically-filed request II. Background the Department published the final must be received successfully, and in its III. Scope of the Order results of the third review of the Order entirety, by ACCESS by 5:00 p.m. IV. Subsidy Valuation Information in which it found that Koehler had V. Analysis of Programs Eastern Time, within 30 days after the VI. Recommendation engaged in a transshipment scheme, date of publication of this notice. which began in the prior, second review Requests should contain the party’s [FR Doc. 2016–19017 Filed 8–9–16; 8:45 am] period, and withheld requested name, address, and telephone number; BILLING CODE 3510–DS–P information.6 As a result, in the AR3 the number of participants; and a list of Final Results the Department found that the issues to be discussed. If a request Koehler had failed to cooperate to the DEPARTMENT OF COMMERCE for a hearing is made, the Department best of its ability in complying with the intends to hold the hearing at the U.S. International Trade Administration Department’s requests for information Department of Commerce, 1401 and assigned Koehler a total adverse Constitution Avenue NW., Washington, [A–428–840] facts available (AFA) rate of 75.36 DC 20230, at a date, time, and specific percent.7 In light of the AR3 Final Lightweight Thermal Paper From location to be determined. Parties will Results, in the litigation concerning the Germany: Notice of Court Decision Not be notified of the date, time, and AR2 Amended Final Results, the in Harmony With Amended Final location of any hearing. Parties should Department sought a voluntary remand Results and Notice of Second confirm by telephone the date, time, and to reconsider the AR2 Amended Final Amended Final Results of location of the hearing two days before Results, which the Court granted. Antidumping Duty Administrative the scheduled date. On June 16, 2014, the Department Unless the deadline is extended Review; 2009–2010 issued its final results of 8 pursuant to section 751(a)(3)(A) of the AGENCY: Enforcement and Compliance, redetermination pursuant to remand. Act, the Department will issue the final International Trade Administration, The Department determined that, based results of this administrative review, Department of Commerce. on the transshipment scheme which began in the second review period and including the results of its analysis of SUMMARY: The Department of Commerce had been uncovered in the third review, issues raised in any written briefs, not (the Department) is notifying the public Koehler had failed to cooperate to the later than 120 days after the date of that the Court of International Trade’s best of its ability in complying with the publication of this notice, pursuant to (CIT or Court) final judgment in this section 751(a)(3)(A) of the Act. Department’s requests for information in case is not in harmony with the the second review.9 As a result, the Assessment Rates Department’s amended final results and Department assigned Koehler an AFA is therefore amending for a second time Upon issuance of the final results, the rate of 75.36 percent, and corroborated the final results of the second Department shall determine, and U.S. the rate using Koehler’s transaction- administrative review of the Customs and Border Protection (CBP) specific margins from the second antidumping duty order on lightweight shall assess, countervailing duties on all review.10 thermal paper from Germany with appropriate entries covered by this respect to the rate assigned to review. We intend to issue instructions Antidumping Duty Administrative Review, 77 FR Papierfabrik August Koeher AG to CBP 15 days after publication of the 21082 (April 9, 2012) (AR2 Final Results); see also (Koehler). Antidumping Duty Orders: Lightweight Thermal final results of this review. Paper from Germany and the People’s Republic of DATES: Effective: July 16, 2016. China, 73 FR 70959 (November 24, 2008) (Order). Cash Deposit Instructions FOR FURTHER INFORMATION CONTACT: 2 See Lightweight Thermal Paper From Germany: The Department also intends to James Terpstra, AD/CVD Operations, Notice of Amended Final Results of the 2009–2010 Antidumping Duty Administrative Review, 77 FR instruct CBP to collect cash deposits of Office III, Enforcement and Compliance, 28851 (May 16, 2012) (AR2 Amended Final estimated countervailing duties in the International Trade Administration, Results). amount shown above. For all non- U.S. Department of Commerce, 14th 3 See id., 77 FR at 28851. reviewed firms, we will instruct CBP to Street and Constitution Avenue NW., 4 Formerly known as Appleton Papers Inc. collect cash deposits of estimated Washington, DC 20230; telephone: (202) 5 See Consol. Court No. 12–00091. countervailing duties at the most recent 6 See Lightweight Thermal Paper from Germany: 482–3965. Final Results of Antidumping Duty Administrative company-specific or all-others rate SUPPLEMENTARY INFORMATION: Review; 2010–2011, 78 FR 23220 (April 18, 2013) applicable to the company. These cash (AR3 Final Results). The CIT affirmed the AR3 Final deposit requirements, when imposed, Background Results in their entirety. See Papierfabrik August shall remain in effect until further Koehler SE v. United States, 7 F. Supp. 3d 1304 (Ct. On April 9, 2012, the Department Int’l Trade 2014). Koehler’s appeal of that decision notice. published the final results of the second before the Court of Appeals for the Federal Circuit Notification to Interested Parties administrative review of the (Federal Circuit) is pending. See Court No. 15–1489. antidumping duty order on lightweight 7 See AR3 Final Results, 78 FR at 23221. This administrative review and notice thermal paper from Germany, covering 8 See Final Remand Redetermination Pursuant to are in accordance with sections Court Remand, Lightweight Thermal Paper from the period November 1, 2009, through Germany, Papierfabrik August Koehler AG v. 751(a)(1) and 777(i)(1) of the Act and 19 October 31, 2010.1 On May 16, 2012, the United States, Consol. Court No. 12–00091 (June 16, CFR 351.213. 2014) (AR2 Final Remand). 1 See Lightweight Thermal Paper From Germany: 9 Id. 6 See 19 CFR 351.303. Notice of Final Results of the 2009–2010 10 Id.

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On July 6, 2016, the Court affirmed Timken Notice Remand constitutes a final decision of the AR2 Final Remand, finding that the that court that is not in harmony with Department had properly reconsidered Consistent with its decision in the AR2 Amended Final Results. This 14 the AR2 Amended Final Results and Timken, as clarified by Diamond notice is published in fulfillment of the 15 applied total AFA in light of the nature Sawblades the Federal Circuit held publication requirements of Timken. of Koehler’s conduct.11 In addition, that, pursuant to section 516A(e) of the Accordingly, the Department will although the Court found that the rate Tariff Act of 1930, as amended (the Act), continue the suspension of liquidation the Department must publish a notice of of 75.36 percent was not properly of the subject merchandise pending the a court decision that is not ‘‘in corroborated by the highest transaction- expiration of the period of appeal, or if harmony’’ with a Department specific margin on the record of the appealed, pending a final and determination and must suspend second review, it found that, under the conclusive court decision. circumstances, the Department was liquidation of entries pending a within its discretion in relying on the ‘‘conclusive’’ court decision. On July 6, Second Amended Final Results 75.36 percent rate, the highest rate in 2016, the CIT sustained the any previous segment of the Department’s final results of Because there is now a final court proceeding.12 Thus, the Court affirmed redetermination pursuant to remand in decision, we are amending the AR2 the AFA rate of 75.36 percent as applied Koehler.16 The CIT’s judgment in Amended Final Results with respect to to Koehler.13 Koehler sustaining the AR2 Final the rate assigned to Koehler as follows:

Second AR2 amended amended Company final results final results dumping dumping margin margin

Papierfabrik August Koehler AG ...... 4.33 percent ... 75.36

In the event the CIT’s July 6, 2016, Dated: August 3, 2016. recommendations to strengthen decision in Koehler is not appealed, or Ronald K. Lorentzen, cybersecurity in both the public and is upheld by a final and conclusive Acting Assistant Secretary for Enforcement private sectors while protecting privacy, court decision, the Department will and Compliance. ensuring public safety and economic instruct U.S. Customs and Border [FR Doc. 2016–19008 Filed 8–9–16; 8:45 am] and national security, fostering Protection to assess antidumping duties BILLING CODE 3510–DS–P discovery and development of new on unliquidated entries of subject technical solutions, and bolstering merchandise based on the revised rate partnerships between Federal, State and listed above. DEPARTMENT OF COMMERCE local government and the private sector in the development, promotion, and use Cash Deposit Requirements National Institute of Standards and of cybersecurity technologies, policies, Technology and best practices. The Secretary of As a result of the determination by the Commerce was tasked by the Exective [Docket Number: 160725650–6650–01] International Trade Commission that Order to direct the Director of the revocation of the Order would not be Information on Current and Future National Institute of Standards and likely to lead to continuation or States of Cybersecurity in the Digital Technology (NIST) to provide the recurrence of material injury to an Economy Commission with such expertise, industry in the United States, pursuant services, funds, facilities, staff, to section 751(d)(2) of the Act, the AGENCY: National Institute of Standards equipment, and other support services Department revoked the Order, effective and Technology, U.S. Department of as may be necessary to carry out its November 24, 2013, and stopped Commerce. mission. collecting cash deposits under the ACTION: Notice; Request for Information Responses to this RFI—which will be Order.17 Therefore, the cash deposit (RFI). posted at http://www.nist.gov/ requirement for Koehler will not be cybercommission—will inform the changed as a result of these amended SUMMARY: The Commission on Commission as it develops its detailed final results. Enhancing National Cybersecurity recommendations. requests information about current and Notification to Interested Parties future states of cybersecurity in the DATES: Comments must be received by digital economy. As directed by 5:00 p.m. Eastern time on September 9, This notice is issued and published in Executive Order 13718, ‘‘Commission 2016. accordance with sections 516A(e)(1), on Enhancing National Cybersecurity’’ ADDRESSES: Written comments may be 751(a)(1), and 777(i)(1) of the Act. (the ‘‘Executive Order’’), the submitted by mail to Nakia Grayson, Commission will make detailed National Institute of Standards and

11 See Papierfabrik August Koehler AG v. United Commerce from fulfilling its statutory 16 See Koehler at 13–24, and 34. States, Consol. Court No. 12–00091, Slip Op. 16– responsibility.’’). 17 See Lightweight Thermal Paper From the 67 (July 6, 2016) (Koehler) at 13–24. 13 Id., at 34. People’s Republic of China and Germany: 12 Id., at 33 (‘‘The court declines to construe the 14 See Timken Co. v. United States, 893 F.2d 337 Continuation of the Antidumping and corroboration requirement so as to eliminate the Countervailing Duty Orders on the People’s discretion Commerce must possess to confront the (Fed. Cir. 1990) (Timken). serious misconduct it encountered in this case, in 15 See Diamond Sawblades Mfrs. Coalition v. Republic of China, Revocation of the Antidumping which Koehler undermined the integrity of the United States, 626 F.3d 1374 (Fed. Cir. 2010) Duty Order on Germany, 80 FR 5083, 5084 (January proceeding Commerce conducted and prevented (Diamond Sawblades). 30, 2015).

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Technology, 100 Bureau Drive, Stop economic and national security, The Commission requests that each 2000, Gaithersburg, MD 20899. Online fostering discovery and development of comment contain an Executive submissions in electronic form may be new technical solutions, and bolstering Summary, that is no more than one page sent to [email protected] in partnerships between Federal, State, in length, which identifies the topic any of the following formats: HTML; and local government and the private addressed, the challenges, and the ASCII; Word; RTF; or PDF. Please sector in the development, promotion, proposed solution, recommendation, submit comments only and include your and use of cybersecurity technologies, and/or finding. name, organization’s name (if any), and policies, and best practices. According Based on the Executive Order and the cite ‘‘Input to the Commission on to the Executive Order, the Commission’s initial deliberations, the Enhancing National Cybersecurity’’ in Commission’s recommendations should Commission is seeking information on all correspondence. Comments address actions that can be taken over the following topics: containing references, studies, research, the next decade to accomplish these • Critical Infrastructure Cybersecurity and other empirical data that are not goals. • Cybersecurity Insurance widely published should include copies The Secretary of Commerce was • Cybersecurity Research and of the referenced materials. tasked by the Executive Order to direct Development All comments received in response to the Director of NIST to provide the • Cybersecurity Workforce this RFI will be posted at http:// Commission with such expertise, • Federal Governance www.nist.gov/cybercommission without services, funds, facilities, staff, • Identity and Access Management change or redaction, so commenters equipment, and other support services • International Markets should not include information they do as may be necessary to carry out its • Internet of Things not wish to be posted (e.g., personal or mission. • confidential business information). To accomplish its mission, the Public Awareness and Education • State and Local Government FOR FURTHER INFORMATION CONTACT: For Commission shall, among other Cybersecurity questions about this RFI contact: Kevin approaches, reference and, as For each topic area, the Commission Stine, National Institute of Standards appropriate, build on successful existing solicits information on current and and Technology, 100 Bureau Drive, cybersecurity policies, public-private future challenges, promising and Gaithersburg, MD 20899, telephone partnerships, and other initiatives; innovative approaches to address those (301) 975–4483, or consult with cybersecurity, national challenges, recommendations, and [email protected]. Please direct security and law enforcement, privacy, references to inform the work of the media inquiries to NIST’s Office of management, technology, and digital Commission. The Commission is Public Affairs at (301) 975–2762. economy experts in the public and specifically seeking input on the topic SUPPLEMENTARY INFORMATION: private sectors; and seek input from The areas below: digital economy has been a driver of those who have experienced significant innovation and productivity for several cybersecurity incidents to understand Topic Area Challenges and Approaches lessons learned from these experiences, decades. The Internet is used every day 1. Current and future trends and by individuals, businesses, and including identifying any barriers to awareness, risk management, and challenges in the selected topic area; government to make purchases, store 2. Progress being made to address the sensitive data, and provide critical investment. The Commission seeks broad input from individuals and challenges; information services. These services and 3. The most promising approaches to infrastructure have come under attack in organizations of all sizes and their representatives from sector and addressing the challenges; recent years in the form of identity and 4. What can or should be done now intellectual property theft, deliberate professional associations. The Commission also invites submissions or within the next 1–2 years to better and unintentional service disruption, address the challenges; and stolen data. Steps must be taken to from Federal agencies, state, local, territorial and tribal governments, 5. What should be done over the next enhance existing efforts to increase the decade to better address the challenges; protection and resilience of the digital standard-setting organizations, other members of industry, consumers, and ecosystem, while maintaining a cyber 6. Future challenges that may arise environment that encourages efficiency, solution providers, and other stakeholders. and recommended actions that innovation, and economic prosperity. individuals, organizations, and In order to enhance cybersecurity Request for Information governments can take to best position awareness and protections at all levels The following questions cover the themselves today to meet those of Government, business, and society, to major areas about which the challenges. protect privacy, to ensure public safety Commission seeks comment. They are The Commission also seeks input on and economic and national security, not intended to limit the topics that may the following: and to empower Americans to take be addressed. Responses may include 1. Emerging technology trends and better control of their digital security, information related to or innovations; the effect these technology the President issued Executive Order recommendations for other areas the trends and innovations will have on the 13718,1 Commission on Enhancing Commission should consider. digital economy; and the effect these National Cybersecurity, in February Comments containing references, technology trends and innovations will 2016. studies, research, and other empirical have on cybersecurity. The Commission will make detailed data that are not widely published 2. Economic and other incentives for recommendations to strengthen should include copies of the referenced enhancing cybersecurity. cybersecurity in both the public and materials. Do not include in comments 3. Government-private sector private sectors, while protecting or otherwise submit proprietary or coordination and cooperation on privacy, ensuring public safety and confidential information, as all cybersecurity. 4. The role(s) of the government in 1 Exec. Order No. 13718, Commission on comments received in response to this Enhancing National Cybersecurity, 81 FR 7441 RFI will be made available publically at enhancing cybersecurity for the private (February 9, 2016). http://www.nist.gov/cybercommission. sector.

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5. Performance measures for national- SUPPLEMENTARY INFORMATION: The EFP is standard spiny lobster traps with level cybersecurity policies; and related requested under the authority of the dimensions of 35.0 inches (88.9 cm) near-term and long-term goals. Magnuson-Stevens Fishery long, 23.6 inches (59.9 cm) wide, and 6. Complexity of cybersecurity Conservation and Management Act (16 23.6 inches (59.9 cm) high. The spiny terminology and potential approaches to U.S.C 1801 et seq.), and regulations at lobster traps being deployed would be a resolve, including common lexicons. 50 CFR 600.745(b) concerning exempted mix of single traps and trawls (traps fishing. tethered together). Each trawl would Kevin Kimball, The EFP request involves activities have approximately 15–25 traps NIST Chief of Staff. covered by regulations implementing connected together with approximately [FR Doc. 2016–18948 Filed 8–9–16; 8:45 am] the Fishery Management Plans (FMP) 50–75 yd (46–69 m) of rope between BILLING CODE 3510–13–P for federally managed fisheries of the each trap with buoys on each end. Each South Atlantic Region. The proposed trap or trawl would also have a vertical collection for scientific research line and a buoy attached, along with the DEPARTMENT OF COMMERCE involves activities that would otherwise vessel identification and permit number be prohibited by regulations at 50 CFR etched into the buoy. Single traps would National Oceanic and Atmospheric part 622, as they pertain to South be set in sand in shallow waters less Administration Atlantic snapper-grouper managed by than 75 ft (23 m), and trawls would be RIN 0648–XE759 the South Atlantic Fishery Management set in sand in deeper waters between Council (Council). The EFP would 100–300 ft (30–91 m). The exact depth Fisheries of the Caribbean, Gulf of exempt this research activity from and location of the traps or trawls Mexico, and South Atlantic; Snapper- Federal regulations at § 622.170(a)(1) would be recorded after each Grouper Fishery of the South Atlantic; (Permits and endorsements) and other deployment. Traps would be baited Exempted Fishing Permit requirements applicable to snapper- with raw cowhide and dead fish, and grouper permit holders; § 622.183(b)(8) AGENCY: National Marine Fisheries would be re-baited and checked (Seasonal closures); § 622.187(b)(2)(ii) Service (NMFS), National Oceanic and approximately every 2 weeks, (Bag and possession limits); and Atmospheric Administration (NOAA), depending on weather. § 622.188(a), (b), and (c) (Required gear, The trap soak time would be Commerce. authorized gear, and unauthorized gear); approximately 2 weeks. All traps would ACTION: Notice of receipt of an § 622.193(b)(2) (Annual catch limits, be retrieved during daylight hours. On application for an exempted fishing annual catch targets, and accountability retrieval, traps would be hauled slowly permit; request for comments. measures). The purpose of this study is to the surface to minimize the risk of SUMMARY: NMFS announces the receipt to estimate and validate age and growth barotrauma. Each trap would then be of an application for an exempted rates of juvenile snowy grouper to better checked for the presence of snowy fishing permit (EFP) from Dr. David Die understand its early life history. grouper. If there are snowy grouper and Chiara Pacini at the University of The applicant requests authorization present, the trap number, location, Miami, Rosenstiel School of Marine and to collect juvenile snowy grouper depth, length, and date would be incidentally caught using standard Atmospheric Science. If granted, the documented. Snowy grouper that are commercial spiny lobster traps in EFP would authorize the collection of a longer than 209 mm total length would Federal waters off the Florida Keys in maximum of 400 juvenile snowy be released because this study would the South Atlantic, bounded by Bahia grouper incidentally caught in focus on juvenile snowy grouper. Any Honda to the south and Upper commercial spiny lobster traps in other fish collected in the spiny lobster Matecumbe Key to the north. Federal waters off the Florida Keys in traps would be returned to the water. As described in the application, Before release, fish showing evidence of the South Atlantic during the 2016– snowy grouper sampling would occur barotrauma, including snowy grouper 2017 and 2017–2018 commercial lobster during approximately 15 spiny lobster longer than 209 mm total length and any fishing seasons. The purpose of the EFP trips completed during the 2016–2017 other finfish bycatch, would be vented would be to estimate and validate age and 2017–2018 commercial spiny before release. Release cages (or and growth rates for juvenile snowy lobster fishing seasons. These seasons descending devices) would be utilized grouper in the South Atlantic. are from August 6, 2016, through March to aid in fish descent. Lawfully DATES: Comments must be received no 31, 2017, and August 6, 2017, through harvested spiny lobster would be later than September 9, 2016. March 31, 2018. Approximately 200 retained by the permitted vessel. ADDRESSES: You may submit comments spiny lobster traps would be deployed A maximum of 20 of the 200 snowy on the application by either of the or retrieved during each commercial grouper collected each year of the following methods: spiny lobster trip. A maximum of 200 project would be kept alive in an • Email: [email protected]. incidentally caught snowy grouper aerated tank and taken to the University Include in the subject line of the email would be collected each year of the 2- of Miami for further study (for a comment the following document season project duration, for a maximum maximum of 30 days) to validate daily identifier: ‘‘University of Miami Snowy quantity of 400 snowy grouper. The growth rings on otoliths (fish ear bones). Grouper EFP’’. project would end when either 400 The remaining snowy grouper will not • Mail: Mary Vara, Southeast snowy grouper are collected over the 2 be kept alive on the boat, but will be Regional Office, NMFS, 263 13th spiny lobster seasons or by March 31, taken to the lab where their otoliths Avenue South, St. Petersburg, FL 33701. 2018, whichever occurs first. would be removed to estimate age and The application and related Gear used for collecting the snowy growth rates. Gut contents from all documents are available for review grouper would be legal commercial snowy grouper that are not kept alive for upon written request to any of the above spiny lobster traps constructed of wire further study would be removed for addresses. with wooden tops that are anchored future analysis. In addition, any bycatch FOR FURTHER INFORMATION CONTACT: down with concrete slabs to prevent from the spiny lobster traps would be Mary Vara, 727–824–5305; email them from moving during storm winds documented before being returned to [email protected]. and heavy currents. The traps are the water. In this study, bycatch would

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be any animals other than lawfully DEPARTMENT OF COMMERCE region of the U.S. The AFSC conducts harvested spiny lobster and snowy research and provides scientific advice grouper longer than 209 mm total National Oceanic and Atmospheric to manage fisheries and conserve living length. Administration marine resources in the North Pacific The vessel to be used for the project RIN 0648–XE485 and marine waters off of Alaska. The AFSC provides scientific data and would be a commercial spiny lobster technical advice to a variety of fishing vessel with valid licenses and Notice of Availability of a Draft Programmatic Environmental management organizations and permits to commercially harvest spiny Assessment for Fisheries and stakeholder groups, including the NMFS lobster in the Federal waters off Florida. Ecosystem Research Conducted and Alaska Regional Office, North Pacific The EFP would not exempt the Funded by the National Marine Fishery Management Council (NPFMC), applicant from the relevant state of Fisheries Service, Alaska Fisheries State of Alaska, Alaska coastal Florida regulations for spiny lobster Science Center subsistence communities, and U.S. harvest or from the Federal spiny lobster representatives participating in regulations specified at 50 CFR Subpart AGENCY: National Marine Fisheries international fishery and marine R. At least one of the applicants would Service (NMFS), National Oceanic and mammal negotiations, as well as the be present during each of the sampling Atmospheric Administration (NOAA), fishing industry, environmental non- trips. If the EFP is approved, all Commerce. governmental organizations and other collections of juvenile snowy grouper ACTION: Notice of availability of a Draft constituents. would be conducted during the 2016– Programmatic Environmental NMFS has prepared the DPEA under 2017 and 2017–2018 commercial spiny Assessment; request for comments. NEPA to evaluate several alternatives lobster seasons. All snowy grouper for conducting and funding fisheries SUMMARY: NMFS announces the would be collected as part of the and ecosystem research activities as the availability of the ‘‘Draft Programmatic primary Federal action. Additionally in vessel’s normal commercial spiny Environmental Assessment (DPEA) for lobster fishing trips. the DPEA, NMFS evaluates a related Fisheries and Ecosystem Research action—also called a ‘‘connected NMFS finds this application warrants Conducted and Funded by the Alaska action’’ under 40 CFR 1508.25 of the further consideration. Based on a Fisheries Science Center (AFSC).’’ Council on Environmental Quality’s preliminary review, NMFS intends to Publication of this notice begins the regulations for implementing the issue an EFP. Possible conditions the official public comment period for this procedural provisions of NEPA (42 agency may impose on this permit, if it DPEA. The purpose of the DPEA is to U.S.C. 4321 et seq.)—which is the is indeed granted, include but are not evaluate, in compliance with the proposed promulgation of regulations limited to, a prohibition of conducting National Environmental Policy Act and authorization of the take of marine research within marine protected areas, (NEPA), the potential direct, indirect, mammals incidental to fisheries marine sanctuaries, special management and cumulative impacts of conducting research under the Marine Mammal zones, or artificial reefs without and funding fisheries and ecosystem Protection Act (MMPA). Additionally, additional authorization. Additionally, research in the North Pacific Ocean and because the proposed research activities NMFS may require special protections the marine waters off of Alaska. occur in areas inhabited by species of for Endangered Species Act listed DATES: Comments must be received by marine mammals, birds, and fish listed species and their critical habitat. A final no later than September 9, 2016. under the Endangered Species Act decision on issuance of the EFP will ADDRESSES: Comments on the DPEA (ESA) as threatened or endangered, this depend on NMFS’ review of public should be addressed to: DPEA DPEA evaluates activities that could comments received on the application, Comments, c/o AFSC Director’s Office, result in unintentional takes of ESA- consultations with the appropriate 7600 Sand Point Way NE., Building 4, listed marine species. fishery management agency of the Seattle, WA 98115. Comments via email The following four alternatives are affected state, the Council, and the U.S. may be sent to NMFS.AFSC.DPEA@ currently evaluated in the DPEA: Coast Guard, and a determination that it noaa.gov. NMFS is not responsible for (1) No-Action/Status Quo Alternative— email comments sent to addresses other is consistent with all applicable laws. Conduct Federal Fisheries and than the one provided here. Comments Ecosystem Research with Scope and Authority: 16 U.S.C 1801 et seq. sent via email, including all Protocols Similar to Past Efforts Dated: August 5, 2016. attachments, must not exceed a 10- (2) Preferred Alternative—Conduct Emily H. Menashes, megabyte file size. A copy of the DPEA Federal Fisheries and Ecosystem may be obtained by writing to the Research (New Suite of Research) Acting Director, Office of Sustainable address specified above, telephoning the Fisheries, National Marine Fisheries Service. with Mitigation for MMPA and ESA contact listed below (see FOR FURTHER Compliance [FR Doc. 2016–18999 Filed 8–9–16; 8:45 am] INFORMATION CONTACT), or visiting the (3) Modified Research Alternative— BILLING CODE 3510–22–P internet at: http://www.afsc.noaa.gov/ Conduct Federal Fisheries and dpea.html. Ecosystem Research (New Suite of Documents cited in this notice may Research) with Additional Mitigation also be viewed, by appointment, during (4) No Research Alternative—No regular business hours, at the Fieldwork for Federal Fisheries and aforementioned address. Ecosystem Research Conducted or FOR FURTHER INFORMATION CONTACT: Dr. Funded by AFSC Daniel H. Ito, (206) 526–4232. The first three alternatives include a SUPPLEMENTARY INFORMATION: The program of fisheries and ecosystem Alaska Fisheries Science Center (AFSC) research projects conducted or funded is the research arm of National Marine by the AFSC as the primary Federal Fisheries Service (NMFS) in the Alaska action. Because this primary action is

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connected to a secondary Federal action alternatives considered in the DPEA. Regulation Z. Regulation C requires (also called a connected action under Written comments will be accepted at covered financial institutions to report, NEPA), to consider authorizing the address above (see ADDRESSES). for certain transactions, the difference incidental take of marine mammals Written comments should be as specific between a loan’s annual percentage rate under the MMPA, NMFS must identify as possible to be the most helpful. (APR) and the APOR for a comparable as part of this evaluation ‘‘(t)he means Written comments received, including transaction.1 Under Regulation Z, a of effecting the least practicable adverse the names and addresses of those creditor may be subject to certain impact on the species or stock and its submitting them, will be considered special provisions if the difference habitat.’’ (Section 101(a)(5)(A) of the part of the public record for this between a loan’s APR and the APOR for MMPA [16 U.S.C. 1361 et seq.]). NMFS proposed action and will be available a comparable transaction exceeds must therefore identify and evaluate a for public inspection. Please include, certain thresholds.2 reasonable range of mitigation measures with your comments, any supporting The Bureau calculates APORs on a to minimize impacts to protected data or literature citations that may be weekly basis according to a species that occur in AFSC research informative in substantiating your methodology statement that is available areas. These mitigation measures are comment. to the public. The Bureau has revised considered as part of the identified Dated: August 1, 2016. the methodology statement to reflect a alternatives in order to evaluate their Douglas P. DeMaster, change in the source of survey data for effectiveness to minimize potential the one-year variable rate mortgage adverse environmental impacts. The Director, Alaska Fisheries Science Center, National Marine Fisheries Service. product that it began using to calculate three action alternatives also include the weekly APORs on July 7, 2016. The [FR Doc. 2016–19002 Filed 8–9–16; 8:45 am] mitigation measures intended to Freddie Mac Primary Mortgage Market minimize potentially adverse BILLING CODE 3510–22–P Survey® (PMMS) previously provided interactions with other protected survey data for that mortgage product species that occur within the action that, together with data for other BUREAU OF CONSUMER FINANCIAL area. Protected species include all products from the same survey, has PROTECTION marine mammals, which are covered been used to calculate the weekly under the MMPA, all species listed Notice of Availability of Revised APORs. Freddie Mac has discontinued under the ESA, and bird species publishing the one-year variable rate protected under the Migratory Bird Methodology for Determining Average Prime Offer Rates mortgage data. Beginning on July 7, Treaty Act. 2016, the Bureau started using data NMFS is also evaluating a second AGENCY: Bureau of Consumer Financial provided by HSH Associates for the one- type of no-action alternative that Protection. year variable rate mortgage product to considers no Federal funding for field ACTION: Notice of availability. calculate the weekly APORs, while fisheries and ecosystem research continuing to derive the other data used activities. This is called the No Research SUMMARY: The Bureau of Consumer by the methodology from the PMMS. Alternative to distinguish it from the Financial Protection (Bureau) The Bureau has revised the No-Action/Status Quo Alternative. The announces the availability of a revised methodology statement in light of that No-Action/Status Quo Alternative will methodology statement, entitled the change. No other substantive changes be used as the baseline to compare all ‘‘Methodology for Determining Average have been made to the methodology of the other alternatives. Prime Offer Rates.’’ The methodology statement. Potential direct and indirect effects on statement describes the data and the the environment are evaluated under methodology used to calculate average Dated: August 2, 2016. each alternative in the DPEA. The prime offer rates for purposes of Richard Cordray, environmental effects on the following Regulation C and Regulation Z. The Director, Bureau of Consumer Financial resources are considered: Physical statement has been revised to reflect the Protection. environment, special resource areas, fact that the Bureau is using a different [FR Doc. 2016–18899 Filed 8–9–16; 8:45 am] fish, marine mammals, birds, source of survey data for the one-year BILLING CODE 4810–AM–P invertebrates, and the social and variable rate mortgage product to economic environment. Cumulative calculate average prime offer rates. effects of external actions and the ADDRESSES: The revised methodology DEPARTMENT OF DEFENSE contribution of fisheries and ecosystem statement is available on the Web site of research activities to the overall the Federal Financial Institutions Department of the Army cumulative impact on the Examination Council (FFIEC) at https:// [Docket ID: USA–2016–HQ–0028] aforementioned resources is also www.ffiec.gov/ratespread/ evaluated in the DPEA for the three newcalchelp.aspx#4. Privacy Act of 1974; System of main geographic regions in which AFSC Records surveys are conducted. FOR FURTHER INFORMATION CONTACT: NMFS requests comments on the Terry J. Randall, Counsel, Office of AGENCY: Department of the Army, DoD. DPEA for Fisheries and Ecosystem Regulations, at 202–435–7700. ACTION: Notice to alter a system of SUPPLEMENTARY INFORMATION: Research Conducted and Funded by the The records. National Marine Fisheries Service, average prime offer rates (APORs) are Alaska Fisheries Science Center. annual percentage rates derived from SUMMARY: The Department of the Army Through this notice, NMFS is notifying average interest rates, points, and other proposes to alter a system of records the public that a DPEA is available for loan pricing terms offered to borrowers notice A0690–600 SAMR, entitled review so that interested or affected by a representative sample of lenders for ‘‘Equal Opportunity and Equal people may participate and contribute mortgage loans that have low-risk Employment Opportunity Complaint to the final decision. NMFS is seeking pricing characteristics. APORs have written public comments on the scope implications for data reporters under 1 12 CFR 1003.4(a)(12)(i). of issues, potential impacts, and Regulation C and creditors under 2 12 CFR 1026.35(a) and 1026.32(a)(1)(i).

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Files.’’ This system is used to ensure to OMB Circular No. A–130, ‘‘Federal DoD Instruction 1325.06, Handling complaints are properly investigated Agency Responsibilities for Maintaining Dissident and Protest Activities Among and appropriate remedial action Records About Individuals,’’ revised Members of the Armed Forces; and initiated to correct inequities. It is also November 28, 2000 (December 12, 2000 Army Regulation 600–20, Army used to collect, record, and maintain 65 FR 77677). Command Policy.’’ racial, ethnic group, and gender data; Dated: July 25, 2016. and complaints statistical data. PURPOSE(S): Aaron Siegel, Delete entry and replace with ‘‘To DATES: Comments will be accepted on or Alternate OSD Federal Register Liaison ensure complaints are properly before September 9, 2016. This Officer, Department of Defense. investigated and appropriate remedial proposed action will be effective on the action initiated to correct inequities. date following the end of the comment A0690–600 SAMR Demographic (e.g. race, ethnic group, period unless comments are received SYSTEM NAME: gender) and de-identified complaints which result in a contrary data is aggregated for statistical determination. Equal Opportunity and Equal Employment Opportunity Complaint reporting.’’ ADDRESSES: You may submit comments, Files (February 22, 1993, 58 FR 10002). identified by docket number and title, ROUTINE USES OF RECORDS MAINTAINED IN THE by any of the following methods: CHANGES: SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: * Federal Rulemaking Portal: http:// * * * * * www.regulations.gov. Follow the Delete entry and replace with ‘‘In SYSTEM IDENTIFIER: instructions for submitting comments. addition to those disclosures generally * Mail: Department of Defense, Office Delete entry and replace with permitted under 5 U.S.C. 552a(b) of the of the Deputy Chief Management ‘‘A0600–20 SAMR.’’ Privacy Act of 1974, as amended, the records contained herein may Officer, Directorate for Oversight and SYSTEM NAME: Compliance, 4800 Mark Center Drive, specifically be disclosed outside the Delete entry and replace with Mailbox #24, Alexandria, VA 22350– DoD as a routine use pursuant to 5 ‘‘Soldiers Equal Opportunity 1700. U.S.C. 552a(b)(3) as follows: Investigative Files.’’ Instructions: All submissions received Law Enforcement Routine Use: If a system of records maintained by a DoD must include the agency name and SYSTEM LOCATION: Component to carry out its functions docket number for this Federal Register Delete entry and replace with document. The general policy for indicates a violation or potential ‘‘Primary location: Office of the violation of law, whether civil, criminal, comments and other submissions from Secretary of the Army Manpower and members of the public is to make these or regulatory in nature, and whether Reserve Affairs (SAMR), 103 Army arising by general statute or by submissions available for public Pentagon, Washington, DC 20310–0103. viewing on the Internet at http:// regulation, rule, or order issued Segments of the system are pursuant thereto, the relevant records in www.regulations.gov as they are maintained at Army installations. received without change, including any the system of records may be referred, Official mailing addresses are published as a routine use, to the agency personal identifiers or contact as an appendix to the Army’s information. concerned, whether federal, state, local, compilation of systems of records or foreign, charged with the FOR FURTHER INFORMATION CONTACT: Ms. notices.’’ responsibility of investigating or Tracy Rogers, Chief, FOIA and Privacy, CATEGORIES OF INDIVIDUALS COVERED BY THE prosecuting such violation or charged Department of the Army, U.S. Army SYSTEM: with enforcing or implementing the Records Management and Delete entry and replace with statute, rule, regulation, or order issued Declassification Agency, 7701 Telegraph pursuant thereto. Road, Casey Building, Suite 144, ‘‘Former and current U.S. Army military service members (active duty, reservist, Congressional Inquiries Disclosure Alexandria, VA 22325–3905; telephone Routine Use: Disclosure from a system (703) 428–7499. or National Guard) who submit an Equal Opportunity compliant.’’ of records maintained by a DoD SUPPLEMENTARY INFORMATION: The Component may be made to a Department of the Army’s notices for CATEGORIES OF RECORDS IN THE SYSTEM: congressional office from the record of systems of records subject to the Privacy Delete entry and replace with ‘‘Name, an individual in response to an inquiry Act of 1974 (5 U.S.C. 552a), as amended, unit, race/ethnic group, gender, phone from the congressional office made at have been published in the Federal numbers, rank, grade, individual’s the request of that individual. Register and are available from the complaint and supporting Disclosure to the Department of address in the FOR FURTHER INFORMATION documentation, names of parties Justice for Litigation Routine Use: A CONTACT or from the Defense Privacy, involved and witness statements, record from a system of records Civil Liberties and Transparency investigatory reports, decisional maintained by a DoD Component may Division Web site at http:// documents, and correspondence and be disclosed as a routine use to any dpcld.defense.gov. any additional evidence gathered during component of the Department of Justice The proposed systems reports, as the course of the investigation.’’ for the purpose of representing the required by 5 U.S.C. 552a(r) of the Department of Defense, or any officer, Privacy Act, as amended, were AUTHORITY FOR MAINTENANCE OF THE SYSTEM: employee or member of the Department submitted on July 7, 2016, to the House Delete entry and replace with ‘‘10 in pending or potential litigation to Committee on Oversight and U.S.C. 3013, Department of the Army; which the record is pertinent. Government Reform, the Senate DoD Directive 1350.2, Department of Disclosure of Information to the Committee on Homeland Security and Defense Military Equal Opportunity National Archives and Records Governmental Affairs, and the Office of (MEO) Program; DoD Instruction Administration Routine Use: A record Management and Budget (OMB) 1300.17, Accommodation of Religious from a system of records maintained by pursuant to paragraph 4 of Appendix I Practices Within the Military Services; a DoD Component may be disclosed as

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a routine use to the National Archives RETENTION AND DISPOSAL: In addition, the requester must and Records Administration for the Delete entry and replace with ‘‘At the provide a notarized statement or an purpose of records management primary location, files are permanent. unsworn declaration made in inspections conducted under authority Two years following closing of case, accordance with 28 U.S.C. 1746, in the of 44 U.S.C. 2904 and 2906. records are retired to the Washington following format: Data Breach Remediation Purposes National Records Center, Suitland, MD. If executed outside the United States: Routine Use: A record from a system of Records at other Army locations are ‘I declare (or certify, verify, or state) records maintained by a Component destroyed two years following the final under penalty of perjury under the laws may be disclosed to appropriate action in the case. Paper records are of the United States of America that the agencies, entities, and persons when (1) destroyed by tearing, burning, melting, foregoing is true and correct. Executed The Component suspects or has chemical decomposition, pulping, on (date). (Signature).’ confirmed that the security or pulverizing, shredding, or mutilation. If executed within the United States, confidentiality of the information in the Electronic records and media are its territories, possessions, or system of records has been destroyed by overwriting, degaussing, commonwealths: ‘I declare (or certify, compromised; (2) the Component has disintegration, pulverization.’’ verify, or state) under penalty of perjury determined that as a result of the * * * * * that the foregoing is true and correct. suspected or confirmed compromise Executed on (date). (Signature)’.’’ there is a risk of harm to economic or NOTIFICATION PROCEDURE: property interests, identity theft or Delete entry and replace with CONTESTING RECORD PROCEDURES: fraud, or harm to the security or ‘‘Individuals seeking to determine Delete entry and replace with ‘‘The integrity of this system or other systems whether information about themselves Army’s rules for accessing records, and or programs (whether maintained by the is contained in this system should for contesting contents and appealing Component or another agency or entity) address written inquiries to the Office of initial agency determinations are that rely upon the compromised the Secretary of the Army Manpower published in 32 CFR part 505, Army information; and (3) the disclosure and Reserve Affairs, 103 Army Privacy Program, or may be obtained made to such agencies, entities, and Pentagon, Washington, DC 20310–0103. from the system manager.’’ persons is reasonably necessary to assist Segments of the system are maintained in connection with the Components at Army installations. Official mailing RECORD SOURCE CATEGORIES: efforts to respond to the suspected or addresses are published as an appendix Delete entry and replace with ‘‘From confirmed compromise and prevent, to the Army’s compilation of systems of the individual, witnesses, and Army minimize, or remedy such harm. records notices. records and reports.’’ Individual should provide the full The Blanket Routine Uses set forth at name, and dates pertinent to EXEMPTIONS CLAIMED FOR THE SYSTEM: the beginning of the Army’s compilation individual’s complaint. of systems of records notices may also In addition, the requester must Delete entry and replace with ‘‘Parts apply to this system. The complete list provide a notarized statement or an of this system may be exempt under 5 of DoD Blanket Routine Uses can be unsworn declaration made in U.S.C. 552a(k)(2). found online at: http:// accordance with 28 U.S.C. 1746, in the An exemption rule for this system has dpcld.defense.gov/Privacy/ following format: been promulgated in accordance with SORNsIndex/ If executed outside the United States: the requirements of 5 U.S.C. 553(b)(1), BlanketRoutineUses.aspx.’’ ‘I declare (or certify, verify, or state) (2) and (3), (c) and (e) and published in Policies and practices for storing, under penalty of perjury under the laws 32 CFR part 505. For additional retrieving, accessing, retaining, and of the United States of America that the information contact the system disposing of records in the system: foregoing is true and correct. Executed manager.’’ on (date). (Signature).’ A0600–20 SAMR STORAGE: If executed within the United States, Delete entry and replace with ‘‘Paper its territories, possessions, or SYSTEM NAME: commonwealths: ‘I declare (or certify, and electronic records storage.’’ Soldiers Equal Opportunity verify, or state) under penalty of perjury Investigative Files. RETRIEVABILITY: that the foregoing is true and correct. Delete entry and replace with ‘‘By Executed on (date). (Signature)’.’’ SYSTEM LOCATION: complainant’s name.’’ RECORD ACCESS PROCEDURES: Primary location: Office of the Delete entry and replace with Secretary of the Army Manpower and SAFEGUARDS: ‘‘Individuals seeking access to Reserve Affairs (SAMR), 103 Army Delete entry and replace with information about themselves contained Pentagon, Washington, DC 20310–0103. ‘‘Records are maintained in secured in this system should address written Segments of the system are areas, accessible only to designated inquiries to the Office of the Secretary maintained at Army installations. officials having official need in the of the Army Manpower and Reserve Official mailing addresses are published performance of assigned duties. Access Affairs, 103 Army Pentagon, as an appendix to the Army’s to electronic records is restricted by use Washington, DC 20310–0103. Segments compilation of systems of records of Common Access Cards (CACs) and is of the system are maintained at Army notices. accessible only by users with an installations. Official mailing addresses authorized account. The systems are are published as an appendix to the CATEGORIES OF INDIVIDUALS COVERED BY THE maintained in controlled facilities that Army’s compilation of systems of SYSTEM: employ physical restrictions and records notices. Former and current U.S. Army safeguards such as security guards, Individual should provide the full military service members (active duty, identification badges, key cards, and name, and dates pertinent to reservist, or National Guard) who locks.’’ individual’s complaint. submit an Equal Opportunity compliant.

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CATEGORIES OF RECORDS IN THE SYSTEM: Disclosure to the Department of performance of assigned duties. Access Name, unit, race/ethnic group, Justice for Litigation Routine Use: A to electronic records is restricted by use gender, phone numbers, rank, grade, record from a system of records of Common Access Cards (CACs) and is individual’s complaint and supporting maintained by a DoD Component may accessible only by users with an documentation, names of parties be disclosed as a routine use to any authorized account. The systems are involved and witness statements, component of the Department of Justice maintained in controlled facilities that investigatory reports, decisional for the purpose of representing the employ physical restrictions and documents, and correspondence and Department of Defense, or any officer, safeguards such as security guards, any additional evidence gathered during employee or member of the Department identification badges, key cards, and the course of the investigation. in pending or potential litigation to locks. which the record is pertinent. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Disclosure of Information to the RETENTION AND DISPOSAL: 10 U.S.C. 3013, Department of the National Archives and Records Army; DoD Directive 1350.2, Administration Routine Use: A record At the primary location, files are Department of Defense Military Equal from a system of records maintained by permanent. Two years following closing Opportunity (MEO) Program; DoD a DoD Component may be disclosed as of case, records are retired to the Instruction 1300.17, Accommodation of a routine use to the National Archives Washington National Records Center, Religious Practices Within the Military and Records Administration for the Suitland, MD. Records at other Army Services; DoD Instruction 1325.06, purpose of records management locations are destroyed two years Handling Dissident and Protest inspections conducted under authority following the final action in the case. Activities Among Members of the of 44 U.S.C. 2904 and 2906. Paper records are destroyed by tearing, Armed Forces; and Army Regulation Data Breach Remediation Purposes burning, melting, chemical 600–20, Army Command Policy. Routine Use: A record from a system of decomposition, pulping, pulverizing, records maintained by a Component shredding, or mutilation. Electronic PURPOSE(S): may be disclosed to appropriate records and media are destroyed by To ensure complaints are properly agencies, entities, and persons when (1) overwriting, degaussing, disintegration, investigated and appropriate remedial The Component suspects or has pulverization. action initiated to correct inequities. confirmed that the security or Demographic (e.g. race, ethnic group, confidentiality of the information in the SYSTEM MANAGER(S) AND ADDRESS: gender) and de-identified complaints system of records has been Secretary of the Army Manpower and data is aggregated for statistical compromised; (2) the Component has reporting. Reserve Affairs, 103 Army Pentagon, determined that as a result of the Washington, DC 20310–0103. ROUTINE USES OF RECORDS MAINTAINED IN THE suspected or confirmed compromise SYSTEM, INCLUDING CATEGORIES OF USERS AND there is a risk of harm to economic or NOTIFICATION PROCEDURE: THE PURPOSES OF SUCH USES: property interests, identity theft or Individuals seeking to determine In addition to those disclosures fraud, or harm to the security or integrity of this system or other systems whether information about themselves generally permitted under 5 U.S.C. is contained in this system should 552a(b) of the Privacy Act of 1974, as or programs (whether maintained by the address written inquiries to the Office of amended, the records contained herein Component or another agency or entity) the Secretary of the Army Manpower may specifically be disclosed outside that rely upon the compromised and Reserve Affairs, 103 Army the DoD as a routine use pursuant to 5 information; and (3) the disclosure Pentagon, Washington, DC 20310–0103. U.S.C. 552a(b)(3) as follows: made to such agencies, entities, and Segments of the system are maintained Law Enforcement Routine Use: If a persons is reasonably necessary to assist at Army installations. Official mailing system of records maintained by a DoD in connection with the Components addresses are published as an appendix Component to carry out its functions efforts to respond to the suspected or to the Army’s compilation of systems of indicates a violation or potential confirmed compromise and prevent, records notices. violation of law, whether civil, criminal, minimize, or remedy such harm. or regulatory in nature, and whether The Blanket Routine Uses set forth at Individual should provide the full arising by general statute or by the beginning of the Army’s compilation name, and dates pertinent to regulation, rule, or order issued of systems of records notices may also individual’s complaint. apply to this system. The complete list pursuant thereto, the relevant records in In addition, the requester must of DoD Blanket Routine Uses can be the system of records may be referred, provide a notarized statement or an found online at: http:// as a routine use, to the agency unsworn declaration made in dpcld.defense.gov/Privacy/ concerned, whether federal, state, local, accordance with 28 U.S.C. 1746, in the SORNsIndex/BlanketRoutineUses.aspx. or foreign, charged with the following format: responsibility of investigating or Policies and practices for storing, prosecuting such violation or charged retrieving, accessing, retaining, and If executed outside the United States: with enforcing or implementing the disposing of records in the system: ‘‘I declare (or certify, verify, or state) under penalty of perjury under the laws statute, rule, regulation, or order issued STORAGE: pursuant thereto. of the United States of America that the Paper and electronic records storage. Congressional Inquiries Disclosure foregoing is true and correct. Executed on (date). (Signature).’’ Routine Use: Disclosure from a system RETRIEVABILITY: of records maintained by a DoD By complainant’s name. If executed within the United States, Component may be made to a its territories, possessions, or congressional office from the record of SAFEGUARDS: commonwealths: ‘‘I declare (or certify, an individual in response to an inquiry Records are maintained in secured verify, or state) under penalty of perjury from the congressional office made at areas, accessible only to designated that the foregoing is true and correct. the request of that individual. officials having official need in the Executed on (date). (Signature).’’

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RECORD ACCESS PROCEDURES: ACTION: Notice to alter a system of The proposed systems reports, as Individuals seeking access to records. required by 5 U.S.C. 552a(r) of the information about themselves contained Privacy Act, as amended, were SUMMARY: The Office of the Secretary of in this system should address written submitted on July 19, 2016, to the House Defense proposes to alter a system of inquiries to the Office of the Secretary Committee on Oversight and records, DFMP 09, entitled ‘‘Defense of the Army Manpower and Reserve Government Reform, the Senate Equal Opportunity Management Affairs, 103 Army Pentagon, Committee on Homeland Security and Institute Student File.’’ The system is Washington, DC 20310–0103. Segments Governmental Affairs, and the Office of used to manage administrative and of the system are maintained at Army Management and Budget (OMB) academic functions related to student installations. Official mailing addresses pursuant to paragraph 4 of Appendix I registration and courses attempted and are published as an appendix to the to OMB Circular No. A–130, ‘‘Federal completed. Records are used to ensure Army’s compilation of systems of Agency Responsibilities for Maintaining class diversity; input grades; track records notices. Records About Individuals,’’ revised student progress; advise/counsel as Individual should provide the full November 28, 2000 (December 12, 2000 needed; verify attendance; and are used name, and dates pertinent to 65 FR 77677). by the academic review board and the individual’s complaint. Commandant to make decisions Dated: August 4, 2016. In addition, the requester must regarding the release of students from Aaron Siegel, provide a notarized statement or an the program. Records are also used as a Alternate OSD Federal Register Liaison unsworn declaration made in management tool for statistical analysis, Officer, Department of Defense. accordance with 28 U.S.C. 1746, in the tracking, and reporting. following format: DFMP 09 If executed outside the United States: DATES: Comments will be accepted on or SYSTEM NAME: ‘‘I declare (or certify, verify, or state) before September 9, 2016. This under penalty of perjury under the laws proposed action will be effective the Defense Equal Opportunity of the United States of America that the date following the end of the comment Management Institute Student File foregoing is true and correct. Executed period unless comments are received (February 22, 1993, 58 FR 10227). which result in a contrary on (date). (Signature).’’ If executed CHANGES: within the United States, its territories, determination. SYSTEM IDENTIFIER: possessions, or commonwealths: ‘‘I ADDRESSES: You may submit comments, declare (or certify, verify, or state) under identified by docket number and title, Delete entry and replace with ‘‘DPR penalty of perjury that the foregoing is by any of the following methods: 48.’’ true and correct. Executed on (date). * Federal Rulemaking Portal: http:// SYSTEM NAME: (Signature).’’ www.regulations.gov. Follow the Delete entry and replace with instructions for submitting comments. ‘‘Defense Equal Opportunity CONTESTING RECORD PROCEDURES: * Mail: Department of Defense, Office Management Institute Integrated The Army’s rules for accessing of the Deputy Chief Management Database.’’ records, and for contesting contents and Officer, Directorate for Oversight and appealing initial agency determinations Compliance, 4800 Mark Center Drive, SYSTEM LOCATION: are published in 32 CFR part 505, Army Mailbox #24, Alexandria, VA 22350– Delete entry and replace with Privacy Program, or may be obtained 1700. ‘‘Defense Equal Opportunity from the system manager. Instructions: All submissions received Management Institute, 366 Tuskegee must include the agency name and Airmen Drive, Building 352, Patrick RECORD SOURCE CATEGORIES: docket number for this Federal Register AFB, FL 32925–3399.’’ From the individual, witnesses, and document. The general policy for Army records and reports. comments and other submissions from CATEGORIES OF INDIVIDUALS COVERED BY THE members of the public is to make these SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: submissions available for public Delete entry and replace with ‘‘Active Parts of this system may be exempt viewing on the Internet at http:// duty military, Reserve Components, under 5 U.S.C. 552a(k)(2). www.regulations.gov as they are DoD civilians, other Federal An exemption rule for this system has received without change, including any Government agency employees, and been promulgated in accordance with personal identifiers or contact contractors attending courses at the the requirements of 5 U.S.C. 553(b)(1), information. Defense Equal Opportunity Management (2) and (3), (c) and (e) and published in Institute (DEOMI).’’ 32 CFR part 505. For additional FOR FURTHER INFORMATION CONTACT: Mrs. information contact the system manager. Luz D. Ortiz, Chief, Records, Privacy CATEGORIES OF RECORDS IN THE SYSTEM: and Declassification Division (RPD2), Delete entry and replace with ‘‘Name, [FR Doc. 2016–18823 Filed 8–9–16; 8:45 am] 1155 Defense Pentagon, Washington, DC Social Security Number (SSN), gender, BILLING CODE 5001–06–P 20301–1155, or by phone at (571) 372– birth date, race/ethnicity, religious 0478. preference, disability information, unit/ DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: The Office home address, email, work and home/ of the Secretary of Defense notices for cell phone numbers; lodging at training Office of the Secretary systems of records subject to the Privacy location (facility, address, and room Act of 1974 (5 U.S.C. 552a), as amended, number); emergency contact name, [Docket ID: DOD–2016–OS–0085] have been published in the Federal address, relationship, and phone Privacy Act of 1974; System of Register and are available from the number; education level; employment Records address in FOR FURTHER INFORMATION information (military or civilian CONTACT or at the Defense Privacy and organization), rank, date of rank, date AGENCY: Office of the Secretary of Civil Liberties Division Web site at entered service, pay grade, occupational Defense, DoD. http://dpcld.defense.gov/. series, clearance level, duty position;

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student number, class number, DEOMI Component may be made to a Card (CAC) and PIN. Records are stored test and examination scores, instructor congressional office from the record of in an encrypted database and access grades, and advisor progress reports.’’ an individual in response to an inquiry requires token authentication. Periodic from the congressional office made at security audits, regular monitoring of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the request of that individual. user security practices and methods to Delete entry and replace with ‘‘10 Disclosure of Information to the ensure only authorized personnel access U.S.C. 136, Under Secretary of Defense National Archives and Records records are applied.’’ for Personnel and Readiness; 5 U.S.C. Administration Routine Use: A record 4103, Establishment of training from a system of records maintained by RETENTION AND DISPOSAL: programs; DoD Directive (DoDD) a DoD Component may be disclosed as Delete entry and replace with ‘‘Cut off 1020.02E, Diversity Management and a routine use to the National Archives on graduation, transfer, withdrawal, or Equal Opportunity (EO) in the and Records Administration for the death of student. Destroy 50 years after Department of Defense; DoDD 1322.18, purpose of records management cut off.’’ Military Training; DoDD 1350.2, inspections conducted under authority Department of Defense Military Equal of 44 U.S.C. 2904 and 2906. SYSTEM MANAGER AND ADDRESS: Opportunity (MEO) Program; DoDD Data Breach Remediation Purposes Delete entry and replace with 1440.1, The DoD Civilian Equal Routine Use: A record from a system of ‘‘Director, Information Systems, Defense Employment Opportunity (EEO) records maintained by a Component Equal Opportunity Management Program; and E.O. 9397 (SSN), as may be disclosed to appropriate Institute, 366 Tuskegee Airmen Drive, amended.’’ agencies, entities, and persons when (1) Building 352, Patrick AFB, FL 32925– The Component suspects or has 3399.’’ PURPOSE: confirmed that the security or NOTIFICATION PROCEDURE: Delete entry and replace with ‘‘To confidentiality of the information in the manage administrative and academic system of records has been Delete entry and replace with functions related to student registration compromised; (2) the Component has ‘‘Individuals seeking to determine and courses attempted and completed. determined that as a result of the whether information about themselves Records are used to ensure class suspected or confirmed compromise is contained in this system should diversity; input grades; track student there is a risk of harm to economic or address written inquiries to the Director, progress; advise/counsel as needed; property interests, identity theft or Personnel and Student Services, Attn: verify attendance; and are used by the fraud, or harm to the security or Student Services, Defense Equal academic review board and the integrity of this system or other systems Opportunity Management Institute, 366 Commandant to make decisions or programs (whether maintained by the Tuskegee Airmen Drive, Building 352, regarding the release of students from Component or another agency or entity) Patrick AFB, FL 32925–3399. the program. Records are also used as a that rely upon the compromised Signed, written requests should management tool for statistical analysis, information; and (3) the disclosure include full name, SSN or student tracking, and reporting.’’ made to such agencies, entities, and number, current address, telephone persons is reasonably necessary to assist number, and class attended or class ROUTINE USES OF RECORDS MAINTAINED IN THE in connection with the Components number. SYSTEM, INCLUDING CATEGORIES OF USERS AND In addition, the requester must THE PURPOSES OF SUCH USES: efforts to respond to the suspected or confirmed compromise and prevent, provide a notarized statement or an Delete entry and replace with ‘‘In minimize, or remedy such harm. unsworn declaration made in addition to those disclosures generally The DoD Blanket Routine Uses set accordance with 28 U.S.C. 1746, in the permitted under 5 U.S.C. 552a(b) of the forth at the beginning of the Office of following format: Privacy Act of 1974, as amended, the the Secretary of Defense (OSD) If executed outside the United States: records contained herein may compilation of systems of records ‘I declare (or certify, verify, or state) specifically be disclosed outside the notices may apply to this system. The under penalty of perjury under the laws DoD as a routine use pursuant to 5 complete list of DoD Blanket Routine of the United States of America that the U.S.C. 552a(b)(3) as follows: Uses can be found online at: http:// foregoing is true and correct. Executed Law Enforcement Routine Use: If a dpcld.defense.gov/Privacy/ on (date). (Signature).’ system of records maintained by a DoD SORNsIndex/BlanketRoutineUses.aspx’’ If executed within the United States, Component to carry out its functions its territories, possessions, or indicates a violation or potential POLICIES AND PRACTICES FOR STORING, commonwealths: ‘I declare (or certify, violation of law, whether civil, criminal, RETRIEVING, ACCESSING, RETAINING, AND verify, or state) under penalty of perjury DISPOSING OF RECORDS IN THE SYSTEM: or regulatory in nature, and whether that the foregoing is true and correct. arising by general statute or by STORAGE: Executed on (date). (Signature).’ regulation, rule, or order issued Delete entry and replace with If requesting information about a pursuant thereto, the relevant records in ‘‘Electronic storage media.’’ minor or legally incompetent person, the system of records may be referred, * * * * * the request must be made by the as a routine use, to the agency custodial parent, legal guardian, or concerned, whether federal, state, local, SAFEGUARDS: person with legal authority to make or foreign, charged with the Delete entry and replace with decisions on behalf of the individual. responsibility of investigating or ‘‘Records are stored in a controlled Written proof of that status may be prosecuting such violation or charged access area in a DoD facility which is required before the existence of any with enforcing or implementing the protected by base entry security guards information will be confirmed.’’ statute, rule, regulation, or order issued and is accessible only to badged pursuant thereto. personnel. Access to records is RECORD ACCESS PROCEDURES: Congressional Inquiries Disclosure restricted to authorized personnel in Delete entry and replace with Routine Use: Disclosure from a system performance of their official duties ‘‘Individuals seeking access to of records maintained by a DoD through the use of a Common Access information about themselves contained

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in this system should address written CATEGORIES OF INDIVIDUALS COVERED BY THE Component to carry out its functions inquiries to the Office of the Secretary SYSTEM: indicates a violation or potential of Defense/Joint Staff Freedom of Active duty military, Reserve violation of law, whether civil, criminal, Information Act, Requester Service Components, DoD civilians, other or regulatory in nature, and whether Center, Office of Freedom of Federal Government agency employees, arising by general statute or by Information, 1155 Defense Pentagon, and contractors attending courses at the regulation, rule, or order issued Washington, DC 20301–1155. Defense Equal Opportunity Management pursuant thereto, the relevant records in Signed, written requests should Institute (DEOMI). the system of records may be referred, as a routine use, to the agency include full name, SSN or student CATEGORIES OF RECORDS IN THE SYSTEM: number, current address, telephone concerned, whether federal, state, local, Name, Social Security Number (SSN), or foreign, charged with the number, class attended or class number, gender, birth date, race/ethnicity, and the name and number of this system responsibility of investigating or religious preference, disability prosecuting such violation or charged of records notice. information, unit/home address, email, In addition, the requester must with enforcing or implementing the work and home/cell phone numbers; statute, rule, regulation, or order issued provide a notarized statement or an lodging at training location (facility, unsworn declaration made in pursuant thereto. address, and room number); emergency Congressional Inquiries Disclosure accordance with 28 U.S.C. 1746, in the contact name, address, relationship, and following format: Routine Use: Disclosure from a system phone number; education level; of records maintained by a DoD If executed outside the United States: employment information (military or Component may be made to a ‘I declare (or certify, verify, or state) civilian organization), rank, date of congressional office from the record of under penalty of perjury under the laws rank, date entered service, pay grade, an individual in response to an inquiry of the United States of America that the occupational series, clearance level, from the congressional office made at foregoing is true and correct. Executed duty position; student number, class the request of that individual. on (date). (Signature).’ number, DEOMI test and examination Disclosure of Information to the If executed within the United States, scores, instructor grades, and advisor National Archives and Records its territories, possessions, or progress reports. Administration Routine Use: A record commonwealths: ‘I declare (or certify, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: from a system of records maintained by verify, or state) under penalty of perjury 10 U.S.C. 136, Under Secretary of a DoD Component may be disclosed as that the foregoing is true and correct. a routine use to the National Archives Executed on (date). (Signature).’ Defense for Personnel and Readiness; 5 U.S.C. 4103, Establishment of training and Records Administration for the If requesting information about a programs; DoD Directive (DoDD) purpose of records management minor or legally incompetent person, 1020.02E, Diversity Management and inspections conducted under authority the request must be made by the Equal Opportunity (EO) in the of 44 U.S.C. 2904 and 2906. Data Breach Remediation Purposes custodial parent, legal guardian, or Department of Defense; DoDD 1322.18, Routine Use: A record from a system of person with legal authority to make Military Training; DoDD 1350.2, records maintained by a Component decisions on behalf of the individual. Department of Defense Military Equal may be disclosed to appropriate Written proof of that status may be Opportunity (MEO) Program; DoDD agencies, entities, and persons when (1) required before the existence of any 1440.1, The DoD Civilian Equal The Component suspects or has information will be confirmed.’’ Employment Opportunity (EEO) confirmed that the security or Program; and E.O. 9397 (SSN), as CONTESTING RECORD PROCEDURES: confidentiality of the information in the amended. Delete entry and replace with ‘‘The system of records has been Office of the Secretary of Defense (OSD) PURPOSE: compromised; (2) the Component has rules for accessing records, for To manage administrative and determined that as a result of the contesting contents and appealing academic functions related to student suspected or confirmed compromise initial agency determinations are registration and courses attempted and there is a risk of harm to economic or published in OSD Administrative completed. Records are used to ensure property interests, identity theft or Instruction 81; 32 CFR part 311; or may class diversity; input grades; track fraud, or harm to the security or be obtained from the system manager.’’ student progress; advise/counsel as integrity of this system or other systems needed; verify attendance; and are used or programs (whether maintained by the RECORD SOURCE CATEGORIES: by the academic review board and the Component or another agency or entity) Delete entry and replace with Commandant to make decisions that rely upon the compromised ‘‘Individuals, instructors, facilitators, regarding the release of students from information; and (3) the disclosure and examinations.’’ the program. Records are also used as a made to such agencies, entities, and * * * * * management tool for statistical analysis, persons is reasonably necessary to assist tracking, and reporting. in connection with the Components DPR 48 Routine uses of records maintained in efforts to respond to the suspected or the system, including categories of users confirmed compromise and prevent, SYSTEM NAME: and the purposes of such uses: minimize, or remedy such harm. Defense Equal Opportunity In addition to those disclosures The DoD Blanket Routine Uses set Management Institute Integrated generally permitted under 5 U.S.C. forth at the beginning of the Office of Database. 552a(b) of the Privacy Act of 1974, as the Secretary of Defense (OSD) amended, the records contained herein compilation of systems of records SYSTEM LOCATION: may specifically be disclosed outside notices may apply to this system. The Defense Equal Opportunity the DoD as a routine use pursuant to 5 complete list of DoD Blanket Routine Management Institute, 366 Tuskegee U.S.C. 552a(b)(3) as follows: Uses can be found online at: http:// Airmen Drive, Building 352, Patrick Law Enforcement Routine Use: If a dpcld.defense.gov/Privacy/ AFB, FL 32925–3399. system of records maintained by a DoD SORNsIndex/BlanketRoutineUses.aspx.

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POLICIES AND PRACTICES FOR STORING, foregoing is true and correct. Executed CONTESTING RECORD PROCEDURES: RETRIEVING, ACCESSING, RETAINING, AND on (date). (Signature).’’ The Office of the Secretary of Defense DISPOSING OF RECORDS IN THE SYSTEM: If executed within the United States, (OSD) rules for accessing records, for STORAGE: its territories, possessions, or contesting contents and appealing Electronic storage media. commonwealths: ‘‘I declare (or certify, initial agency determinations are verify, or state) under penalty of perjury published in OSD Administrative RETRIEVABILITY: that the foregoing is true and correct. Instruction 81; 32 CFR part 311; or may Name, Social Security Number, Executed on (date). (Signature).’’ be obtained from the system manager. student number or class. If requesting information about a RECORD SOURCE CATEGORIES: SAFEGUARDS: minor or legally incompetent person, the request must be made by the Individuals, instructors, facilitators, Records are stored in a controlled and examinations. access area in a DoD facility which is custodial parent, legal guardian, or protected by base entry security guards person with legal authority to make EXEMPTIONS: and is accessible only to badged decisions on behalf of the individual. None. personnel. Access to records is Written proof of that status may be [FR Doc. 2016–18927 Filed 8–9–16; 8:45 am] restricted to authorized personnel in required before the existence of any performance of their official duties information will be confirmed. BILLING CODE 5001–06–P through the use of a Common Access RECORD ACCESS PROCEDURES: Card (CAC) and PIN. Records are stored DEPARTMENT OF DEFENSE in an encrypted database and access Individuals seeking access to requires token authentication. Periodic information about themselves contained Department of the Army; Corps of security audits, regular monitoring of in this system should address written Engineers user security practices and methods to inquiries to the Office of the Secretary ensure only authorized personnel access of Defense/Joint Staff Freedom of Deauthorization of Water Resources records are applied. Information Act, Requester Service Projects Center, Office of Freedom of RETENTION AND DISPOSAL: AGENCY: Army Corps of Engineers, DoD. Information, 1155 Defense Pentagon, Cut off on graduation, transfer, Washington, DC 20301–1155. ACTION: Notice of project withdrawal, or death of student. Destroy Signed, written requests should deauthorizations. 50 years after cut off. include full name, SSN or student SUMMARY: The U.S. Army Corps of SYSTEM MANAGER AND ADDRESS: number, current address, telephone Engineers is publishing the names of Director, Information Systems, number, class attended or class number, water resources projects that have been Defense Equal Opportunity Management and the name and number of this system automatically deauthorized under the Institute, 366 Tuskegee Airmen Drive, of records notice. provisions of § 1001(a), Public Law 99– Building 352, Patrick AFB, FL 32925– In addition, the requester must 662, as amended, 33 U.S.C. 579a(a). 3399. provide a notarized statement or an FOR FURTHER INFORMATION CONTACT: Mr. unsworn declaration made in NOTIFICATION PROCEDURE: Joseph W. Aldridge, Headquarters, U.S. accordance with 28 U.S.C. 1746, in the Army Corps of Engineers, Attention: Individuals seeking to determine following format: whether information about themselves CECW–IP, Washington, DC 20314–1000. If executed outside the United States: is contained in this system should Tel. (202) 761–4130 or ‘‘I declare (or certify, verify, or state) address written inquiries to the Director, [email protected]. under penalty of perjury under the laws Personnel and Student Services, Attn: SUPPLEMENTARY INFORMATION: Section of the United States of America that the Student Services, Defense Equal 1001(a) of the Water Resources foregoing is true and correct. Executed Opportunity Management Institute, 366 Development Act of 1986, Public Law on (date). (Signature).’’ Tuskegee Airmen Drive, Building 352, 99–662, 100 Stat. 4082–4273, as Patrick AFB, FL 32925–3399. If executed within the United States, amended, provides for the automatic Signed, written requests should its territories, possessions, or deauthorization of water resource include full name, SSN or student commonwealths: ‘‘I declare (or certify, projects that were authorized in Public number, current address, telephone verify, or state) under penalty of perjury Law 99–662 and did not have number, and class attended or class that the foregoing is true and correct. obligations for planning, design, or number. Executed on (date). (Signature).’’ construction in the five-year period In addition, the requester must If requesting information about a following the date of enactment of provide a notarized statement or an minor or legally incompetent person, Public Law 99–662 (November 17, unsworn declaration made in the request must be made by the 1986). accordance with 28 U.S.C. 1746, in the custodial parent, legal guardian, or In accordance with section 1001(a), of following format: person with legal authority to make WRDA 1986, 24 projects were If executed outside the United States: decisions on behalf of the individual. automatically deauthorized on ‘‘I declare (or certify, verify, or state) Written proof of that status may be November 17, 1991. The following table under penalty of perjury under the laws required before the existence of any indicates the disposition of the listed of the United States of America that the information will be confirmed. projects.

TABLE 1—(AUTOMATICALLY DEAUTHORIZED UNDER SECTION 1001(a) OF WRDA 1986)

Corps Projects automatically deauthorized on 17 November 1991 under Section 1001(a) Primary Project district WRDA 1986 state purpose

POA ...... SOUTH CENTRAL RAILBELT AREA, AK ...... AK HYD

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TABLE 1—(AUTOMATICALLY DEAUTHORIZED UNDER SECTION 1001(a) OF WRDA 1986)—Continued

Corps Projects automatically deauthorized on 17 November 1991 under Section 1001(a) Primary Project district WRDA 1986 state purpose

SWL ...... LITTLE RIVER, AR ...... AR FRM SPL ...... LITTLE COLORADO RIVER WATERSHED, AZ ...... AZ FRM SPL ...... RILLITO RIVER, EL RIO ANTIGUO, AZ ...... AZ AER SPK ...... SACRAMENTO RIVER, CA ...... CA EI SPL ...... HUNTINGTON HARBOR DREDGING, CA ...... CA AER NWO ...... METROPOLITAN DENVER, CO ...... CO FRM POH ...... WAILUA FALLS, WAILUA RIVER, KAUAI, HI ...... HI HYD LRL ...... WABASH RIVER, IL ...... IL FRM LRC ...... LAKE GEORGE, HOBART, IN ...... IN AER LRL ...... OHIO RIVER AND TRIBUTARIES, KY & WV ...... KY&WV FRM MVN ...... LAKE CHARLES, LA ...... LA NAV MVK ...... CANEY CREEK, MS ...... MS FRM MVK ...... GREENVILLE HARBOR, MS ...... MS NAV NAN ...... FRESH KILLS IN CARTERET, NJ ...... NJ NAV NAN ...... GREENWOOD LAKE AND BELCHER CREEK, NJ ...... NJ AER NAN ...... PASSAIC RIVER BASIN CHANNEL CLEARING, NJ ...... NJ FRM NAN ...... PASSAIC RIVER, NJ ...... NJ FRM LRP ...... WHEELING CREEK WATERSHED, OH ...... OH AER NAP ...... SCHUYLKILL RIVER BASIN, POTTSTOWN, PA ...... PA FRM NWO ...... JAMES RIVER ND & SD ...... SD FRM MVM ...... MEMPHIS, TN ...... TN&MS FRM SAJ ...... CROWN BAY CHANNEL, ST. THOMAS HARBOR, VI ...... VI NAV NWS ...... LA CONNER, WA ...... WA FRM Total: 24.

U.S. Army Corps Districts Dated: July 21, 2016. Army Corps of Engineers, Attention: LRC Chicago District Jo-Ellen Darcy, CECW–IP, Washington, DC 20314–1000. LRL Louisville District Assistant Secretary of the Army (Civil Works). Tel. (202) 761–4130 or LRP Pittsburgh District [email protected]. MVK Vicksburg District [FR Doc. 2016–19024 Filed 8–9–16; 8:45 am] MVM Memphis District BILLING CODE 3720–58–P SUPPLEMENTARY INFORMATION: Section MVN New Orleans District 350(b) of Public Law 106–541, the Water NAN New York District DEPARTMENT OF DEFENSE Resources Development Act of 2000, NAP Philadelphia District 100 Stat. 2633, provides that a project NWO Omaha District for which authorization was continued NWS Seattle District Department of the Army; Corps of POA Alaska District Engineers under section 350(a) of Public Law 106– POH Honolulu District 541, notwithstanding section 1001(b)(2) SAJ Jacksonville District Deauthorization of Water Resources of the Water Resources Development SPK Los Angeles District Projects Act of 1986 (33 U.S.C. 579a(b)(2)), as SPL Albuquerque District amended, was to be deauthorized if no AGENCY: Army Corps of Engineers, DoD. SWL Little Rock District funds had been obligated for the Authorized Project Purposes ACTION: Notice of project construction (including planning and AER Aquatic Ecosystems deauthorizations. design) of the project within a 7-year Restoration SUMMARY: The U.S. Army Corps of period beginning on the date of EI Environment Infrastructure enactment. FRM Flood Risk Management Engineers is publishing the name of one HYD Hydroelectric Power water resources project that has been In accordance with section 350(b), of NAV Navigation automatically deauthorized under the WRDA 2000, one (1) project was provisions of § 350(b) of Public Law Authority: This notice is required by the automatically deauthorized on Water Resources Development Act of 1986, 106–541. December 11, 2007. The following table Public Law 99–662, section 1001(c), 33 FOR FURTHER INFORMATION CONTACT: Mr. indicates the disposition of the listed U.S.C. 579a(c). Joseph W. Aldridge, Headquarters, U.S. project.

TABLE 1—(AUTOMATICALLY DEAUTHORIZED UNDER SECTION 350(b) PUB. L. 106–541)

Projects automatically deauthorized on 11 December 2007 under Section 350(b) Pub. Corps L. 106–541 Primary Project district (7-yr provision) state purpose

SPK ...... SACRAMENTO RIVER FROM CHICO LANDING TO RED BLUFF, CA ...... CA ...... FRM Total: 1.

Corps District: FRM Flood Risk Management Authority: This notice is pursuant to SPK Sacramento District section 350(b) of Public Law 106–541. Project Purpose:

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Dated: July 21, 2016. Reelfoot Lake-Lake No 9, TN & KY projects and separable elements of Jo-Ellen Darcy, remain authorized. projects that are eligible for Assistant Secretary of the Army (Civil Works). Authority: This notice is required by the deauthorization under that section. [FR Doc. 2016–19016 Filed 8–9–16; 8:45 am] Water Resources Development Act of 1986, Section 1001(b)(2), 33 U.S.C. BILLING CODE 3720–58–P Public Law 99–662, section 1001(c), 33 579a(b)(2), requires the Secretary of the U.S.C. 579a(c). Army to annually submit to the Dated: July 21, 2016. Congress a list of unconstructed water DEPARTMENT OF DEFENSE Approved by: resources projects and separable Department of the Army; Corps of Jo-Ellen Darcy, elements of projects for which no funds Engineers Assistant Secretary of the Army (Civil Works). have been obligated for planning, design [FR Doc. 2016–19026 Filed 8–9–16; 8:45 am] or construction during the preceding Deauthorization of Water Resources BILLING CODE 3720–58–P five full fiscal years. If no funds are Projects obligated to a listed project by end of the fiscal year following the fiscal year AGENCY: Army Corps of Engineers, DoD. DEPARTMENT OF DEFENSE in which the project was listed, then the ACTION: Notice of correction. project is automatically deauthorized. Department of the Army; Corps of SUMMARY: The U.S. Army Corps of Notwithstanding these provisions, Engineers Engineers published a notice in the projects may be specifically Federal Register, 74 FR 126 E9–15663 deauthorized or reauthorized by law. Deauthorization of Water Resources (Note: The provision of § 1001(b)(2) (July 2, 2009) announcing projects Projects deauthorized under Section 1001(b)(2) prior to the 2007 amendments apply to WRDA 1986, as amended. This AGENCY: Army Corps of Engineers, DoD. this action.) correction notice clarifies the ACTION: Notice of project In accordance with section 1001(b)(2), deauthorization related to the Reelfoot deauthorizations. in Fiscal Year (FY) 2010 the Assistant Lake-Lake No 9 project. Secretary of the Army (Civil Works) SUMMARY: FOR FURTHER INFORMATION CONTACT: Mr. The U.S. Army Corps of submitted a list informing Congress of Joseph W. Aldridge, Headquarters, U.S. Engineers is publishing the names of 11 projects and separable elements that Army Corps of Engineers, Attention: water resources projects that have been would be subject to automatic CECW–IP, Washington, DC 20314–1000. automatically deauthorized under the deauthorization after September 30, Tel. (202) 761–4130 or provisions of § 1001(b)(2), Public Law 2011, and in FY 2011 submitted a list [email protected]. 99–662, as amended, 33 U.S.C of 20 projects and separable elements 579a(b)(2). CORRECTION: Correct the list in the that would be subject to automatic Federal Register of July 2, 2009, in FR FOR FURTHER INFORMATION CONTACT: Mr. deauthorization after September 30, Doc. E9–15663, on page 31714, Joseph W. Aldridge, Headquarters, U.S. 2012, and in FY 2012 submitted a list ‘‘Projects Deauthorized on 29 March Army Corps of Engineers, Attention: of 2 projects and separable elements that 2009 Under Section 1001(B)(2) WRDA CECW–IP, Washington, DC 20314–1000. would be subject to automatic 1986, as Amended’’, by amending the Tel. (202) 761–4130 or deauthorization after September 30, REELFOOT LAKE—LAKE NO 9, TN & [email protected]. 2013. Of the 33 projects and separable KY project name to read REELFOOT SUPPLEMENTARY INFORMATION: Section elements included in these three lists, LAKE—LAKE NO 9, TN & KY 1001(b)(2) of the Water Resources all 33 were in fact automatically (UNCONSTRUCTED PORTIONS). The Development Act of 1986, Public Law deauthorized, in accordance with notice was intended to deauthorize only 99–662, 100 Stat. 4082–4273, as section 1001(b)(2). The following three the unconstructed portions of this amended, provides for the automatic tables indicate the disposition of each of project. The constructed portions of deauthorization of water resource the 33 listed projects.

TABLE 1 [FY2010 Deauthorization List]

Project Corps district Projects deauthorized on 01 October 2011 under Section 1001(b)(2) WRDA 1986, as amended Primary state purpose

MVM ...... CACHE RIVER BASIN, AR ...... AR ...... FC MVM ...... LOWER WHITE RIVER, BIG CREEK & TRIBUTARIES, AR ...... AR ...... FC SPL ...... CARNEROS CREEK, CA ...... CA ...... FC SPN ...... NOYO RIVER AND HARBOR (BREAKWATER), CA ...... CA ...... NAV LRH ...... LOGAN, OH ...... OH ...... FC SAC ...... CHARLESTON HARBOR—SHIPYARD RIVER UPPER CHANNEL & UPPER TURNING SC ...... NAV BASIN, SC. MVM ...... HARRIS FORK CREEK, TN & KY ...... TN ...... FC MVM ...... NONCONNAH CREEK, ENVIRONMENTAL ENHANCEMENT, TN & MS ...... TN ...... ENR MVM ...... NONCONNAH CREEK, RECREATION ELEMENT, TN & MS ...... TN ...... ENR MVK ...... RED RIVER WATERWAY, SHREVEPORT, LA TO DAINGERFIELD, TX ...... TX ...... NAV NAO ...... JAMES R OLIN FLOOD CONTROL PROJECT, VA (separable element) ...... VA ...... FC Total: 11

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TABLE 2 [FY2011 Deauthorization List]

Project Corps district Projects deauthorized on 01 October 2012 under Section 1001(b)(2) WRDA 1986, as amended Primary state purpose

SWF ...... ST GEORGE HARBOR, AK ...... AK ...... NAV SWL ...... BEAVER DAM TROUT PRODUCTION, AR ...... AR ...... ENV SWL ...... JOHN PAUL HAMMERSCHMIDT VISITOR CENTER, AR ...... AR ...... SPL ...... SANTA MONICA BREAKWATER, CA ...... CA ...... NAV LRL ...... OHIO RIVER ECOSYSTEM RESTORATION PROGRAM, KY ...... KY ...... ENV NAP ...... DELAWARE RIVER, CHES AND DEL CANAL, DE & MD ...... MD ...... NAV NAP ...... DELAWARE BAY COASTLINE, DE & NJ—OAKWOOD BEACH, NJ ...... NJ ...... FDR SWT ...... PARKER LAKE, OK ...... OK ...... FDR SAJ ...... RIO GRANDE DE LOIZA, PR ...... PR ...... FDR SAJ ...... RIO GUANAJIBO, PR ...... PR ...... FDR SWF ...... AF641–SHOAL CRK., AUSTIN TX ...... TX ...... FDR SWG ...... ARROYO COLORADO, TX ...... TX ...... FDR SWF ...... BIG SANDY LAKE,TX BA519 ...... TX ...... FDR SWF ...... ELM FORK FLOODWAY, MD (BA511) ...... TX ...... FDR SWF ...... FT WORTH STOCKYARDS, TARRANT CO, (BE129) ...... TX ...... FDR SWF ...... LAKE WORTH, TX (AF653) ...... TX ...... FDR SWF ...... MILLICAN LAKE, TX ...... TX ...... FDR SWF ...... ROCKLAND LAKE,TX (AF664) ...... TX ...... FDR SWF ...... SAN GABRIEL RIVER–SOUTH FORK, TX (BE257) ...... TX ...... FDR SWF ...... SOMERVILLE LAKE BE273 ...... TX ...... FDR Total: 20

TABLE 3 [FY2012 Deauthorization List]

Project Corps district Projects deauthorized on 01 October 2013 Under Section 1001(b)(2) WRDA 1986, as amended Primary state purpose

MVS ...... ST LOUIS HARBOR, MO AND IL ...... IL ...... NAV LRB ...... OTTAWA RIVER HARBOR, OH ...... OH ...... NAV Total: 2

U.S. Army Corps Districts: Dated: July 21, 2016. searching the Docket ID number ED– LRB Buffalo District Jo-Ellen Darcy, 2016–ICCD–0089. Comments submitted in response to this notice should be LRH Huntington District Assistant Secretary of the Army (Civil Works). [FR Doc. 2016–19020 Filed 8–9–16; 8:45 am] submitted electronically through the LRL Louisville District BILLING CODE 3720–58–P Federal eRulemaking Portal at http:// MVK Vicksburg District www.regulations.gov by selecting the MVM Memphis District Docket ID number or via postal mail, MVS St. Louis District DEPARTMENT OF EDUCATION commercial delivery, or hand delivery. NAO Norfolk District Please note that comments submitted by [Docket No.: ED–2016–ICCD–0089] fax or email and those submitted after SAC Charleston District the comment period will not be SAJ Jacksonville District Agency Information Collection accepted. Written requests for SPL Albuquerque District Activities; Comment Request; Federal information or comments submitted by SPN Sacramental District Direct Loan Program Regulations for postal mail or delivery should be Forbearance and Loan Rehabilitation SWF Fort Worth District addressed to the Director of the SWG Galveston District AGENCY: Federal Student Aid (FSA), Information Collection Clearance Division, U.S. Department of Education, SWL Little Rock District Department of Education (ED). ACTION: Notice. 400 Maryland Avenue SW., LBJ, Room NAP Philadelphia District 2E343, Washington, DC 20202–4537. SWT Tulsa District SUMMARY: In accordance with the FOR FURTHER INFORMATION CONTACT: For Authorized Project Purposes: Paperwork Reduction Act of 1995 (44 specific questions related to collection U.S.C. chapter 3501 et seq.), ED is activities, please contact Beth ENR Aquatic Ecosystem Restoration proposing an extension of an existing Grebeldinger, 202–377–4018. ENV Environment information collection. SUPPLEMENTARY INFORMATION: The FC Flood Control DATES: Interested persons are invited to Department of Education (ED), in FDR Flood Damage Reduction submit comments on or before October accordance with the Paperwork NAV Navigation 11, 2016. Reduction Act of 1995 (PRA) (44 U.S.C. Authority: This notice is required by the ADDRESSES: To access and review all the 3506(c)(2)(A)), provides the general Water Resources Development Act of 1986, documents related to the information public and Federal agencies with an Public Law 99–662, section 1001(c), 33 collection listed in this notice, please opportunity to comment on proposed, U.S.C. 579a(c). use http://www.regulations.gov by revised, and continuing collections of

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information. This helps the Department Dated: August 5, 2016. Solar Power Solar Advisor Model (SAM) assess the impact of its information Stephanie Valentine, Industry Survey; (3) Type of Request: collection requirements and minimize Acting Director Information Collection New collection; (4) Purpose: In an effort the public’s reporting burden. It also Clearance Division, Office of the Chief Privacy to improve the efficiency of helps the public understand the Officer, Office of Management. Concentrating Solar Plants (CSP), this Department’s information collection [FR Doc. 2016–19015 Filed 8–9–16; 8:45 am] survey is necessary to collect data for requirements and provide the requested BILLING CODE 4000–01–P the Department of Energy and the data in the desired format. ED is national labs from industry members in order to: soliciting comments on the proposed • information collection request (ICR) that DEPARTMENT OF ENERGY Assess how the industry is using is described below. The Department of the SAM tool and its accuracy Proposed Agency Information • Assess opportunities for, and Education is especially interested in Collection barriers to, national laboratory and public comment addressing the industry collaboration on improving the following issues: (1) Is this collection AGENCY: U.S. Department of Energy. SAM tool necessary to the proper functions of the ACTION: Notice and request for The information collected in this Department; (2) will this information be comments. survey will be published in a report and processed and used in a timely manner; SUMMARY: The Department of Energy help to inform new possibilities for the (3) is the estimate of burden accurate; national labs. (5) Annual Estimated (4) how might the Department enhance (DOE) invites public comment on a proposed collection of information that Number of Respondents: 100; (6) the quality, utility, and clarity of the Annual Estimated Number of Total information to be collected; and (5) how DOE is developing for submission to the Office of Management and Budget Responses: 100; (7) Annual Estimated might the Department minimize the (OMB) pursuant to the Paperwork Number of Burden Hours: 25 Hours; (8) burden of this collection on the Reduction Act of 1995. Comments are Annual Estimated Reporting and respondents, including through the use invited on: (a) Whether the proposed Recordkeeping Cost Burden: $45,000. of information technology. Please note collection of information is necessary Statutory Authority: DOE Org Act (42 that written comments received in for the proper performance of the U.S.C. 7373). response to this notice will be functions of the agency, including Issued in Washington, DC, on August 4, considered public records. whether the information shall have 2016. Title of Collection: Federal Direct practical utility; (b) the accuracy of the Becca Jones-Albertus, Loan Program Regulations for agency’s estimate of the burden of the Director, Office Director, Solar Energy Forbearance and Loan Rehabilitation. proposed collection of information, Technologies Office. OMB Control Number: 1845–0119. including the validity of the [FR Doc. 2016–18991 Filed 8–9–16; 8:45 am] methodology and assumptions used; (c) BILLING CODE 6450–01–P Type of Review: An extension of an ways to enhance the quality, utility, and existing information collection. clarity of the information to be Respondents/Affected Public: collected; and (d) ways to minimize the DEPARTMENT OF ENERGY Individuals or Households. burden of the collection of information on respondents, including through the Federal Energy Regulatory Total Estimated Number of Annual use of automated collection techniques Commission Responses: 129,027. or other forms of information Total Estimated Number of Annual technology. Combined Notice of Filings Burden Hours: 35,094. DATES: Comments regarding this Take notice that the Commission has Abstract: This information collection proposed information collection must received the following Natural Gas for the Direct Loan (DL) Program is be received on or before October 11, Pipeline Rate and Refund Report filings: related to regulations for dealing with 2016. If you anticipate difficulty in defaulted loans and forbearance in submitting comments within that Filings Instituting Proceedings § 685.205 and reasonable and affordable period, contact the person listed in Docket Numbers: RP16–1155–000. loan rehabilitation in § 685.211. We are ADDRESSES as soon as possible. Applicants: Gulf South Pipeline requesting an extension of the current ADDRESSES: Written comments may be Company, LP. burden calculated for this information sent to Linh Truong, National Description: Section 4(d) Rate Filing: collection. These regulations provide Renewable Energy Laboratory, Attn: Remove Terminated NC Agmt from additional flexibilities for Direct Loan Linh Truong, Mail Stop: RSF034, 15013 Tariff (Mercuria 1651) and Expired Neg borrowers and permit oral requests for Denver West Parkway, Golden, CO Rate Agmt to be effective 8/1/2016. forbearance, as well as allow a borrower 80401, or by fax at 303–630–2108, or by Filed Date: 8/2/16. to object to the initially established email at [email protected]. Accession Number: 20160802–5053. reasonable and affordable loan FOR FURTHER INFORMATION CONTACT: Comments Due: 5 p.m. ET 8/15/16. repayment amount. In addition, if a Requests for additional information or Docket Numbers: RP16–1156–000. borrower incurs changes to his or her copies of the information collection Applicants: Transcontinental Gas financial circumstances, the borrower instrument and instructions should be Pipe Line Company. can provide supporting documentation directed to: Craig Turchi, National Description: Compliance filing Report to change the amount of the reasonable Renewable Energy Laboratories, 303– of Refund Transco’s GSS LSS Customer and affordable loan monthly repayment 384–7565, [email protected]. Share of DTI Penalty Revenue 2016. amount. There has been no change to SUPPLEMENTARY INFORMATION: This Filed Date: 8/2/16. the regulatory language. information collection request contains: Accession Number: 20160802–5064. (1) OMB No. ‘‘New’’; (2) Information Comments Due: 5 p.m. ET 8/15/16. Collection Request Title: Concentrating Docket Numbers: RP16–1157–000.

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Applicants: Dauphin Island Gathering Energy Regulatory Commission, 888 DEPARTMENT OF ENERGY Partners. First Street NE., Washington, DC 20426, Description: Section 4(d) Rate Filing: in accordance with Rules 211 and 214 Federal Energy Regulatory Negotiated Rate Filing 8–2–16 to be of the Commission’s Rules of Practice Commission effective 9/1/2016. and Procedure (18 CFR 385.211 and [Docket No. ER16–2234–000] Filed Date: 8/2/16. 385.214). Anyone filing a motion to Accession Number: 20160802–5123. intervene or protest must serve a copy EF Kenilworth LLC; Supplemental Comments Due: 5 p.m. ET 8/15/16. of that document on the Applicant. Notice That Initial Market-Based Rate Docket Numbers: RP16–1158–000. Filing Includes Request for Blanket Applicants: Gulf Crossing Pipeline Notice is hereby given that the Section 204 Authorization Company LLC. deadline for filing protests with regard Description: Section 4(d) Rate Filing: to the applicant’s request for blanket This is a supplemental notice in the Amendment to Neg Rate Agmt (Devon authorization, under 18 CFR part 34, of above-referenced proceeding of EF 10–16) to be effective 8/3/2016. future issuances of securities and Kenilworth LLC’s application for Filed Date: 8/3/16. assumptions of liability, is August 22, market-based rate authority, with an Accession Number: 20160803–5039. 2016. accompanying rate tariff, noting that Comments Due: 5 p.m. ET 8/15/16. such application includes a request for The Commission encourages blanket authorization, under 18 CFR The filings are accessible in the electronic submission of protests and Commission’s eLibrary system by part 34, of future issuances of securities interventions in lieu of paper, using the and assumptions of liability. clicking on the links or querying the FERC Online links at http:// docket number. Any person desiring to intervene or to www.ferc.gov. To facilitate electronic protest should file with the Federal Any person desiring to intervene or service, persons with Internet access protest in any of the above proceedings Energy Regulatory Commission, 888 who will eFile a document and/or be must file in accordance with Rules 211 First Street NE., Washington, DC 20426, listed as a contact for an intervenor and 214 of the Commission’s in accordance with Rules 211 and 214 Regulations (18 CFR 385.211 and must create and validate an of the Commission’s Rules of Practice 385.214) on or before 5:00 p.m. Eastern eRegistration account using the and Procedure (18 CFR 385.211 and time on the specified comment date. eRegistration link. Select the eFiling 385.214). Anyone filing a motion to Protests may be considered, but link to log on and submit the intervene or protest must serve a copy intervention is necessary to become a intervention or protests. of that document on the Applicant. Notice is hereby given that the party to the proceeding. Persons unable to file electronically deadline for filing protests with regard eFiling is encouraged. More detailed should submit an original and 5 copies to the applicant’s request for blanket information relating to filing of the intervention or protest to the authorization, under 18 CFR part 34, of requirements, interventions, protests, Federal Energy Regulatory Commission, future issuances of securities and service, and qualifying facilities filings 888 First Street NE., Washington, DC assumptions of liability, is August 22, can be found at: http://www.ferc.gov/ 20426. 2016. docs-filing/efiling/filing-req.pdf. For The Commission encourages other information, call (866) 208–3676 The filings in the above-referenced electronic submission of protests and (toll free). For TTY, call (202) 502–8659. proceeding are accessible in the Commission’s eLibrary system by interventions in lieu of paper, using the Dated: August 3, 2016. clicking on the appropriate link in the FERC Online links at http:// Nathaniel J. Davis, Sr., above list. They are also available for www.ferc.gov. To facilitate electronic Deputy Secretary. electronic review in the Commission’s service, persons with Internet access [FR Doc. 2016–18888 Filed 8–9–16; 8:45 am] Public Reference Room in Washington, who will eFile a document and/or be BILLING CODE 6717–01–P DC. There is an eSubscription link on listed as a contact for an intervenor must create and validate an the Web site that enables subscribers to eRegistration account using the receive email notification when a DEPARTMENT OF ENERGY eRegistration link. Select the eFiling document is added to a subscribed link to log on and submit the Federal Energy Regulatory docket(s). For assistance with any FERC intervention or protests. Commission Online service, please email Persons unable to file electronically [email protected], or call [Docket No. ER16–2227–000] should submit an original and 5 copies (866) 208–3676 (toll free). For TTY, call of the intervention or protest to the Kelly Creek Wind, LLC; Supplemental (202) 502–8659. Federal Energy Regulatory Commission, Notice That Initial Market-Based Rate Dated: August 2, 2016. 888 First Street NE., Washington, DC Filing Includes Request for Blanket Nathaniel J. Davis, Sr., 20426. Section 204 Authorization The filings in the above-referenced Deputy Secretary. proceeding are accessible in the This is a supplemental notice in the [FR Doc. 2016–18884 Filed 8–9–16; 8:45 am] Commission’s eLibrary system by above-referenced proceeding of Kelly BILLING CODE 6717–01–P clicking on the appropriate link in the Creek Wind, LLC’s application for above list. They are also available for market-based rate authority, with an electronic review in the Commission’s accompanying rate tariff, noting that Public Reference Room in Washington, such application includes a request for DC. There is an eSubscription link on blanket authorization, under 18 CFR the Web site that enables subscribers to part 34, of future issuances of securities receive email notification when a and assumptions of liability. document is added to a subscribed Any person desiring to intervene or to docket(s). For assistance with any FERC protest should file with the Federal Online service, please email

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[email protected]. or call Applicants: Midcontinent Comments Due: 5 p.m. ET 8/19/16. (866) 208–3676 (toll free). For TTY, call Independent System Operator, Inc. Docket Numbers: ER16–2365–000. (202) 502–8659. Description: Tariff Amendment: _ Applicants: All Dams Generation, Dated: August 2, 2016. 2016–08–03 CMP Baseline— LLC. Attachment LL 2nd Amendment to be Nathaniel J. Davis, Sr., Description: Section 205(d) Rate effective 7/25/2016. Deputy Secretary. Filing: Reactive Power Tariff to be Filed Date: 8/3/16. effective 10/1/2016. [FR Doc. 2016–18885 Filed 8–9–16; 8:45 am] Accession Number: 20160803–5121. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 8/10/16. Filed Date: 8/2/16. Accession Number: 20160802–5126. Docket Numbers: ER16–1794–002. Comments Due: 5 p.m. ET 8/23/16. DEPARTMENT OF ENERGY Applicants: Midcontinent Independent System Operator, Inc. Docket Numbers: ER16–2366–000. Federal Energy Regulatory Description: Tariff Amendment: Applicants: Mahoning Creek Commission 2016–08–03_CMP Baseline—RS 8 Hydroelectric Company, LLC. MISO-Manitoba Hydro SOA 2nd Description: Baseline eTariff Filing: Combined Notice of Filings #1 Amendment to be effective 7/25/2016. Reactive Power Tariff Application to be Filed Date: 8/3/16. effective 10/1/2016. Take notice that the Commission Accession Number: 20160803–5129. Filed Date: 8/2/16. received the following electric corporate Comments Due: 5 p.m. ET 8/10/16. filings: Accession Number: 20160802–5128. Docket Numbers: ER16–1795–002. Comments Due: 5 p.m. ET 8/23/16. Docket Numbers: EC16–149–000. Applicants: Midcontinent Docket Numbers: ER16–2367–000. Applicants: San Diego Gas & Electric Independent System Operator, Inc. Applicants: Midcontinent Company. Description: Tariff Amendment: Independent System Operator, Inc. Description: Supplement to July 13, 2016–08–03_CMP Baseline—RS 46 2016 Application for Authorization of Description: Section 205(d) Rate Minnkota-MISO Coor Opr Agreement _ Transaction Pursuant to Section 203 of 2nd Amendment to be effective 7/25/ Filing: 2016–08–03 SA 2932 ATC— the Federal Power Act of San Diego Gas 2016. Wisconsin Power and Light Umbrella & Electric Company. Filed Date: 8/3/16. GIA to be effective 8/4/2016. Filed Date: 8/2/16. Accession Number: 20160803–5128. Filed Date: 8/3/16. Accession Number: 20160802–5155. Comments Due: 5 p.m. ET 8/10/16. Accession Number: 20160803–5059. Comments Due: 5 p.m. ET 8/23/16. Comments Due: 5 p.m. ET 8/24/16. Docket Numbers: EC16–162–000. Docket Numbers: ER16–1797–002. Applicants: Aspirity Energy, LLC. Applicants: Midcontinent Docket Numbers: ER16–2368–000. Description: Application for Independent System Operator, Inc. Applicants: New Creek Wind LLC. Authorization under Section 203 of the Description: Tariff Amendment: Description: Baseline eTariff Filing: _ Federal Power Act and Requests for 2016–08–03 CMP Baseline—MISO–SPP New Creek Wind LLC to be effective 10/ Expedited Consideration and JOA 2nd Amendment to be effective 7/ 1/2016. Confidential Treatment of Aspirity 25/2016. Filed Date: 8/3/16. Energy, LLC. Filed Date: 8/3/16. Accession Number: 20160803–5130. Filed Date: 8/2/16. Accession Number: 20160803–5126. Comments Due: 5 p.m. ET 8/24/16. Accession Number: 20160802–5152. Comments Due: 5 p.m. ET 8/10/16. The filings are accessible in the Comments Due: 5 p.m. ET 8/23/16. Docket Numbers: ER16–1798–002. Commission’s eLibrary system by Applicants: Midcontinent Take notice that the Commission clicking on the links or querying the Independent System Operator, Inc. received the following exempt docket number. wholesale generator filings: Description: Tariff Amendment: _ Any person desiring to intervene or Docket Numbers: EG16–131–000. 2016–08–03 CMP Baseline—MISO–PJM JOA 2nd Amendment to be effective 7/ protest in any of the above proceedings Applicants: Patua Acquisition must file in accordance with Rules 211 Company, LLC. 25/2016. Filed Date: 8/3/16. and 214 of the Commission’s Description: Notice of Self- Regulations (18 CFR 385.211 and Certification of Exempt Wholesale Accession Number: 20160803–5123. Comments Due: 5 p.m. ET 8/10/16. 385.214) on or before 5:00 p.m. Eastern Generator Status of Patua Acquisition time on the specified comment date. Company, LLC. Docket Numbers: ER16–1878–001. Protests may be considered, but Filed Date: 8/2/16. Applicants: Ringer Hill Wind, LLC. intervention is necessary to become a Accession Number: 20160802–5124. Description: Tariff Amendment: party to the proceeding. Comments Due: 5 p.m. ET 8/23/16. Supplement to Application for Market- eFiling is encouraged. More detailed Based Rate Authorization to be effective Take notice that the Commission information relating to filing 9/16/2016. received the following electric rate requirements, interventions, protests, Filed Date: 8/3/16. filings: service, and qualifying facilities filings Accession Number: 20160803–5083. Docket Numbers: ER16–277–005. can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 8/24/16. Applicants: Talen Energy Marketing, docs-filing/efiling/filing-req.pdf. For LLC. Docket Numbers: ER16–2225–000. other information, call (866) 208–3676 Description: Compliance filing: Applicants: Midcontinent (toll free). For TTY, call (202) 502–8659. Administratively Cancel Tariff Record Independent System Operator, Inc. ID to be effective 12/1/2016. Description: Report Filing: 2016–07– Dated: August 3, 2016. Filed Date: 7/18/16. 29 RSG Rhg Supplement Filing to be Nathaniel J. Davis, Sr., Accession Number: 20160718–5135. effective N/A. Deputy Secretary. Comments Due: 5 p.m. ET 8/8/16. Filed Date: 7/29/16. [FR Doc. 2016–18886 Filed 8–9–16; 8:45 am] Docket Numbers: ER16–1793–002. Accession Number: 20160729–5045. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Online service, please email Applicants: PJM Interconnection, [email protected]. or call L.L.C. Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Description: Section 205(d) Rate Commission (202) 502–8659. Filing: Amendment to First Revised [Docket No. ER16–2307–000] Dated: August 2, 2016. WMPA SA No. 4184, Queue No. Z2–106 Nathaniel J. Davis, Sr., to be effective 12/9/2015. Vista Energy Marketing, L.P.; Filed Date: 8/2/16. Deputy Secretary. Supplemental Notice That Initial Accession Number: 20160802–5075. Market-Based Rate Filing Includes [FR Doc. 2016–18890 Filed 8–9–16; 8:45 am] Comments Due: 5 p.m. ET 8/23/16. BILLING CODE 6717–01–P Request for Blanket Section 204 Docket Numbers: ER16–2360–000. Authorization Applicants: Great Western Wind This is a supplemental notice in the DEPARTMENT OF ENERGY Energy, LLC. above-referenced proceeding of Vista Description: Baseline eTariff Filing: Energy Marketing, L.P.’s application for Federal Energy Regulatory Great Western Wind Energy Initial MBR market-based rate authority, with an Commission Application and Notice Waiver Request accompanying rate tariff, noting that to be effective 10/1/2016. Combined Notice of Filings #1 such application includes a request for Filed Date: 8/2/16. Accession Number: 20160802–5080. blanket authorization, under 18 CFR Take notice that the Commission Comments Due: 5 p.m. ET 8/23/16. part 34, of future issuances of securities received the following electric corporate and assumptions of liability. filings: Docket Numbers: ER16–2361–000. Applicants: PJM Interconnection, Any person desiring to intervene or to Docket Numbers: EC16–160–000. protest should file with the Federal Applicants: Virginia Electric and L.L.C. Energy Regulatory Commission, 888 Power Company. Description: Section 205(d) Rate First Street NE., Washington, DC 20426, Description: Application for Filing: Amendment to Original WMPA in accordance with Rules 211 and 214 Authorization under Section 203 of the SA No. 4259, Queue No. Z1–110 to be of the Commission’s Rules of Practice Federal Power Act and Requests for effective 7/22/2015. and Procedure (18 CFR 385.211 and Waivers, Shortened Comment Period Filed Date: 8/2/16. 385.214). Anyone filing a motion to and Expedited Consideration of Virginia Accession Number: 20160802–5088. intervene or protest must serve a copy Electric and Power Company. Comments Due: 5 p.m. ET 8/23/16. of that document on the Applicant. Filed Date: 8/1/16. Docket Numbers: ER16–2362–000. Notice is hereby given that the Accession Number: 20160801–5227. Applicants: Public Service Company deadline for filing protests with regard Comments Due: 5 p.m. ET 8/22/16. of Colorado. to the applicant’s request for blanket Docket Numbers: EC16–161–000. Description: Section 205(d) Rate authorization, under 18 CFR part 34, of Applicants: R. R. Donnelley & Sons Filing: PSCo-WAPA-Rosedale Const. future issuances of securities and Company, LSC Communications US, Agrmt. NOC 378 0.1.0 to be effective 10/ assumptions of liability, is August 22, LLC. 3/2016. 2016. Description: Application for Filed Date: 8/2/16. The Commission encourages authorization under Section 203 of the Accession Number: 20160802–5097. electronic submission of protests and Federal Power Act and request for Comments Due: 5 p.m. ET 8/23/16. interventions in lieu of paper, using the waivers and expedited action of R.R. Docket Numbers: ER16–2363–000. FERC Online links at http:// Donnelley & Sons Company. Applicants: Bluestem Wind Energy, www.ferc.gov. To facilitate electronic Filed Date: 8/1/16. LLC. service, persons with Internet access Accession Number: 20160801–5239. Description: Baseline eTariff Filing: who will eFile a document and/or be Comments Due: 5 p.m. ET 8/22/16. Bluestem Wind Energy LLC MBR listed as a contact for an intervenor Take notice that the Commission Application to be effective 10/3/2016. must create and validate an Filed Date: 8/2/16. eRegistration account using the received the following electric rate filings: Accession Number: 20160802–5100. eRegistration link. Select the eFiling Comments Due: 5 p.m. ET 8/23/16. link to log on and submit the Docket Numbers: ER16–2306–001. intervention or protests. Applicants: Southern California Docket Numbers: ER16–2364–000. Persons unable to file electronically Edison Company. Applicants: Algonquin SKIC 10 Solar, should submit an original and 5 copies Description: Tariff Amendment: SCE LLC. of the intervention or protest to the Resubmits Revised Appendix 6.2 to Description: Baseline eTariff Filing: Federal Energy Regulatory Commission, WDAT GIP to be effective 7/29/2016. Application for Order Accepting Initial 888 First Street NE., Washington, DC Filed Date: 8/2/16. Tariff to be effective 8/15/2016. 20426. Accession Number: 20160802–5000. Filed Date: 8/2/16. The filings in the above-referenced Comments Due: 5 p.m. ET 8/23/16. Accession Number: 20160802–5102. proceeding are accessible in the Docket Numbers: ER16–2358–000. Comments Due: 5 p.m. ET 8/23/16. Commission’s eLibrary system by Applicants: PJM Interconnection, The filings are accessible in the clicking on the appropriate link in the L.L.C. Commission’s eLibrary system by above list. They are also available for Description: Section 205(d) Rate clicking on the links or querying the electronic review in the Commission’s Filing: Original WMPA SA No. 4505, docket number. Public Reference Room in Washington, Queue No. Z2–097 to be effective 7/13/ Any person desiring to intervene or DC. There is an eSubscription link on 2016. protest in any of the above proceedings the Web site that enables subscribers to Filed Date: 8/2/16. must file in accordance with Rules 211 receive email notification when a Accession Number: 20160802–5046. and 214 of the Commission’s document is added to a subscribed Comments Due: 5 p.m. ET 8/23/16. Regulations (18 CFR 385.211 and docket(s). For assistance with any FERC Docket Numbers: ER16–2359–000. 385.214) on or before 5:00 p.m. Eastern

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time on the specified comment date. eRegistration link. Select the eFiling Comments/Protests Due: 5 p.m. ET 8/ Protests may be considered, but link to log on and submit the 19/16. intervention is necessary to become a intervention or protests. Docket Numbers: RP16–1113–000. party to the proceeding. Persons unable to file electronically Applicants: Questar Overthrust eFiling is encouraged. More detailed should submit an original and 5 copies Pipeline Company. information relating to filing of the intervention or protest to the Description: Section 4(d) Rate Filing: requirements, interventions, protests, Federal Energy Regulatory Commission, Non-Conforming TSA No. 5613 to be service, and qualifying facilities filings 888 First Street NE., Washington, DC effective 8/1/2016. can be found at: http://www.ferc.gov/ 20426. Filed Date: 7/28/16.. docs-filing/efiling/filing-req.pdf. For The filings in the above-referenced Accession Number: 20160728–5023 other information, call (866) 208–3676 proceeding are accessible in the Comments Due: 5 p.m. ET 8/9/16. (toll free). For TTY, call (202) 502–8659. Commission’s eLibrary system by Docket Numbers: RP16–1114–000. Dated: August 2, 2016. clicking on the appropriate link in the Applicants: Texas Eastern above list. They are also available for Nathaniel J. Davis, Sr., Transmission, LP. electronic review in the Commission’s Deputy Secretary. Description: Section 4(d) Rate Filing: Public Reference Room in Washington, Negotiated Rates—August 2016 Chevron [FR Doc. 2016–18880 Filed 8–9–16; 8:45 am] DC. There is an eSubscription link on BILLING CODE 6717–01–P TEAM 2014 Releases to be effective 8/ the Web site that enables subscribers,to 1/2016. receive email notification when a Filed Date: 7/28/16. document is added to a subscribed DEPARTMENT OF ENERGY Accession Number: 20160728–5025. docket(s). For assistance with any FERC Comments Due: 5 p.m. ET 8/9/16. Online service, please email Federal Energy Regulatory Docket Numbers: RP16–1115–000. [email protected]. or call Commission Applicants: Pine Needle LNG (866) 208–3676 (toll free). For TTY, call Company, LLC. [Docket No. ER16–2263–000] (202) 502–8659. Description: Section 4(d) Rate Filing: Telysium Energy Marketing, LLC; Dated: August 2, 2016. Clean-Up Filing—July 2016 to be Supplemental Notice That Initial Nathaniel J. Davis, Sr., effective 8/29/2016. Market-Based Rate Filing Includes Deputy Secretary. Filed Date: 7/28/16. Request for Blanket Section 204 [FR Doc. 2016–18889 Filed 8–9–16; 8:45 am] Accession Number: 20160728–5031. Authorization BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 8/9/16. Docket Numbers: RP16–1116–000. This is a supplemental notice in the Applicants: Kern River Gas above-referenced proceeding of DEPARTMENT OF ENERGY Transmission Company. Telysium Energy Marketing, LLC’s Description: Section 4(d) Rate Filing: application for market-based rate Federal Energy Regulatory 2016 Negotiated Rate Agreements to be authority, with an accompanying rate Commission effective 7/29/2016. tariff, noting that such application Filed Date: 7/28/16. Combined Notice of Filings includes a request for blanket Accession Number: 20160728–5036. authorization, under 18 CFR part 34, of Take notice that the Commission has Comments Due: 5 p.m. ET 8/9/16. future issuances of securities and received the following Natural Gas Docket Numbers: RP16–1117–000. assumptions of liability. Pipeline Rate and Refund Report filings: Applicants: Millennium Pipeline Any person desiring to intervene or to Company, LLC. protest should file with the Federal Filings Instituting Proceedings Description: Section 4(d) Rate Filing: Energy Regulatory Commission, 888 RAM 2016—Periodic RAM Adjustment First Street NE., Washington, DC 20426, Docket Number: PR16–63–000. to be effective 9/1/2016. in accordance with Rules 211 and 214 Applicants: Black Hills Energy Filed Date: 7/28/16. of the Commission’s Rules of Practice Arkansas, Inc. Accession Number: 20160728–5046. and Procedure (18 CFR 385.211 and Description: Tariff filing per Comments Due: 5 p.m. ET 8/9/16. 385.214). Anyone filing a motion to 284.123(b)(1) + (g): Application for intervene or protest must serve a copy Approval of New Interruptible Services Docket Numbers: RP16–1118–000. of that document on the Applicant. and Transportation Rates to be effective Applicants: Southern Natural Gas Notice is hereby given that the 7/1/2016; Filing Type: 1300. Company, L.L.C. deadline for filing protests with regard Filed Date: 7/25/2016. Description: Section 4(d) Rate Filing: to the applicant’s request for blanket Accession Number: 20160725–5199 SNG Housekeeping Filing to be effective authorization, under 18 CFR part 34, of http://elibrary.ferc.gov/idmws/doc_info. 8/1/2016. future issuances of securities and asp?accession_num=20160415-5222. Filed Date: 7/28/16. assumptions of liability, is August 22, Comments Due: 5 p.m. ET 8/15/16. Accession Number: 20160728–5054. 2016. 284.123(g) Protests Due: 5 p.m. ET 9/ Comments Due: 5 p.m. ET 8/9/16. The Commission encourages 23/16. Docket Numbers: RP16–1119–000. electronic submission of protests and Docket Number: PR16–59–001. Applicants: Equitrans, L.P. interventions in lieu of paper, using the Applicants: Rocky Mountain Natural Description: Compliance filing GSS FERC Online links at http:// Gas LLC. Storage Ratchet and Maximum Storage www.ferc.gov. To facilitate electronic Description: Tariff filing per Balance Update. service, persons with Internet access 284.123(b)(1),: Amendment to Revised Filed Date: 7/28/16. who will eFile a document and/or be Statement of Operating Conditions to be Accession Number: 20160728–5064. listed as a contact for an intervenor effective 6/16./2016; Filing Type: 1000. Comments Due: 5 p.m. ET 8/9/16. must create and validate an Filed Date: 7/29/2016. Docket Numbers: RP16–1120–000. eRegistration account using the Accession Number: 201607295138. Applicants: Big Sandy Pipeline, LLC.

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Description: Section 4(d) Rate Filing: to Sempra 46777) to be effective 8/1/ Comments Due: 5 p.m. ET 8/10/16. Big Sandy Fuel Filing effective 9–1– 2016. Docket Numbers: RP16–1135–000. 2016 to be effective 9/1/2016. Filed Date: 7/29/16. Applicants: Great Lakes Gas Filed Date: 7/28/16. Accession Number: 20160729–5080. Transmission Limited Par. Accession Number: 20160728–5089. Comments Due: 5 p.m. ET 8/10/16. Description: Great Lakes Gas Comments Due: 5 p.m. ET 8/9/16. Docket Numbers: RP16–1128–000. Transmission submits its Semi-Annual Docket Numbers: RP16–1121–000. Applicants: Gulf South Pipeline Transporter’s Use Report. Applicants: El Paso Natural Gas Company, LP. Filed Date: 7/29/16. Company, L.L.C. Description: Section 4(d) Rate Filing: Accession Number: 20160729–5273. Description: Section 4(d) Rate Filing: Cap Rel Neg Rate Agmt (BG 41007 to Comments Due: 5 p.m. ET 8/10/16. Negotiated Rate Agreement Update Shell 46814) to be effective 8/1/2016. Docket Numbers: RP16–1136–000. (APS August 2016) to be effective 8/1/ Filed Date: 7/29/16. Applicants: Bluewater Gas Storage, 2016. Accession Number: 20160729–5082. LLC. Filed Date: 7/28/16. Comments Due: 5 p.m. ET 8/10/16. Description: Section 4(d) Rate Filing: Accession Number: 20160728–5097. Docket Numbers: RP16–1129–000. Bluewater Gas Storage, LLC—Proposed Comments Due: 5 p.m. ET 8/9/16. Applicants: Gulf South Pipeline Revisions to FERC Gas Tariff to be Docket Numbers: RP16–1122–000. Company, LP. effective 8/31/2016. Applicants: Transcontinental Gas Description: Section 4(d) Rate Filing: Filed Date: 8/1/16. Pipe Line Company, Cap Rel Neg Rate Agmts (Encana 37663 Accession Number: 20160801–5065. Description: Section 4(d) Rate Filing: to Texla 46816, ConocoPhillips 46830)) Comments Due: 5 p.m. ET 8/15/16. Negotiated Rates—Cherokee AGL— to be effective 6/6/2016. Docket Numbers: RP16–1137–000. Replacement Shippers—Aug 2016 to be Filed Date: 7/29/16. Applicants: Tuscarora Gas effective 8/1/2016. Accession Number: 20160729–5083. Transmission Company. Filed Date: 7/29/16. Comments Due: 5 p.m. ET 8/10/16. Description: Compliance filing Accession Number: 20160729–5000. Docket Numbers: RP16–1130–000. Compliance to RP16–299—Settlement Comments Due: 5 p.m. ET 8/10/16. Applicants: Gulf South Pipeline Rates to be effective 8/1/2016. Filed Date: 8/1/16. Docket Numbers: RP16–1123–000. Company, LP. Accession Number: 20160801–5070. Applicants: Natural Gas Pipeline Description: Section 4(d) Rate Filing: Comments Due: 5 p.m. ET 8/15/16. Company of America. Amendment to Neg Rate Agmt (QEP Description: Section 4(d) Rate Filing: 36601–58) to be effective 8/1/2016. Docket Numbers: RP16–1138–000. Negotiated Rate Filing-Mercuria Energy Filed Date: 7/29/16. Applicants: Algonquin Gas America to be effective 8/1/2016. Accession Number: 20160729–5084. Transmission, LLC. Filed Date: 7/29/16. Comments Due: 5 p.m. ET 8/10/16. Description: Section 4(d) Rate Filing: Accession Number: 20160729–5001. Negotiated Rates—BBPC Release to EDF Comments Due: 5 p.m. ET 8/10/16. Docket Numbers: RP16–1131–000. contract 791902 to be effective 8/1/2016. Applicants: Gulf South Pipeline Docket Numbers: RP16–1124–000. Filed Date: 8/1/16. Company, LP. Applicants: WBI Energy Accession Number: 20160801–5092. Description: Section 4(d) Rate Filing: Transmission, Inc. Comments Due: 5 p.m. ET 8/15/16. Neg Rate Agmt (Shell 46809) to be Description: Section 4(d) Rate Filing: effective 8/1/2016. Docket Numbers: RP16–1139–000. 2016 Negotiated IT Rate Agreement— Filed Date: 7/29/16. Applicants: Boardwalk Storage Oasis to be effective 8/1/2016. Accession Number: 20160729–5085. Company, LLC. Filed Date: 7/29/16. Description: Tariff Cancellation: Comments Due: 5 p.m. ET 8/10/16. Accession Number: 20160729–5050. Cancellation of Second Revised Volume Comments Due: 5 p.m. ET 8/10/16. Docket Numbers: RP16–1132–000. No. 1 to be effective 9/1/2016. Docket Numbers: RP16–1125–000. Applicants: Elba Express Company, Filed Date: 8/1/16. Applicants: Wyoming Interstate L.L.C. Accession Number: 20160801–5098. Company, L.L.C. Description: Section 4(d) Rate Filing: Comments Due: 5 p.m. ET 8/15/16. Description: Section 4(d) Rate Filing: EEC Housekeeping Filing to be effective Docket Numbers: RP16–1140–000. Fuel and L&U Filing to be effective 9/ 8/1/2016. Applicants: Natural Gas Pipeline 1/2016. Filed Date: 7/29/16. Company of America. Filed Date: 7/29/16. Accession Number: 20160729–5097. Description: Section 4(d) Rate Filing: Accession Number: 20160729–5077. Comments Due: 5 p.m. ET 8/10/16. Shell Negotiated Rate to be effective 8/ Comments Due: 5 p.m. ET 8/10/16. Docket Numbers: RP16–1133–000. 1/2016. Docket Numbers: RP16–1126–000. Applicants: MoGas Pipeline LLC. Filed Date: 8/1/16. Applicants: Iroquois Gas Description: Penalty Revenue Accession Number: 20160801–5100. Transmission System, L.P. Crediting Report of MoGas Pipeline Comments Due: 5 p.m. ET 8/15/16. Description: Section 4(d) Rate Filing: LLC. Docket Numbers: RP16–1141–000. 07/29/16. Negotiated Rates—Mercuria Filed Date: 7/29/16. Applicants: Algonquin Gas Energy America, Inc.(RTS) 7540–02,- Accession Number: 20160729–5098. Transmission, LLC. 06,-07 to be effective 8/1/2016. Comments Due: 5 p.m. ET 8/10/16. Description: Section 4(d) Rate Filing: Filed Date: 7/29/16. Docket Numbers: RP16–1134–000. Negotiated Rates—BBPC Release to EDF Accession Number: 20160729–5079. Applicants: Texas Eastern contract 791914 to be effective 8/1/2016. Comments Due: 5 p.m. ET 8/10/16. Transmission, LP. Filed Date: 8/1/16. Docket Numbers: RP16–1127–000. Description: Compliance filing Gulf Accession Number: 20160801–5101. Applicants: Gulf South Pipeline Markets Compliance Filing—Docket No. Comments Due: 5 p.m. ET 8/15/16. Company, LP. CP15–90–000 to be effective 10/1/2016. Docket Numbers: RP16–1142–000. Description: Section 4(d) Rate Filing: Filed Date: 7/29/16. Applicants: Boardwalk Storage Cap Rel Neg Rate Agmt (Sempra 46193 Accession Number: 20160729–5229. Company, LLC.

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Description: Section 4(d) Rate Filing: Applicants: Equitrans, L.P. Applicants: ANR Pipeline Company. Tariff Reorganization—Submission of Description: Section 4(d) Rate Filing: Description: Motion Filing: Motion to Third Revised Volume No. 1 to be Negotiated Capacity Release Place in Effect RP16–440–000 to be effective 9/1/2016. Agreements—8/1/2016 to be effective 8/ effective 8/1/2016. Filed Date: 8/1/16. 1/2016. Filed Date: 7/29/16. Accession Number: 20160801–5103. Filed Date: 8/1/16. Accession Number: 20160729–5092. Comments Due: 5 p.m. ET 8/15/16. Accession Number: 20160801–5124. Comments Due: 5 p.m. ET 8/10/16. Docket Numbers: RP16–1143–000. Comments Due: 5 p.m. ET 8/15/16. Docket Numbers: RP16–440–004. Applicants: Gulf South Pipeline Docket Numbers: RP16–1150–000. Applicants: ANR Pipeline Company. Company, LP. Applicants: Algonquin Gas Description: Compliance filing Description: Section 4(d) Rate Filing: Transmission, LLC. Compliance to RP16–440–000 to be Cap Rel Neg Rate Agmts (Atlanta 8438 Description: Section 4(d) Rate Filing: effective 8/1/2016. to various eff 8–1–16) to be effective 8/ Negotiated Rates—KeySpan Release to Filed Date: 7/29/16. 1/2016. Aggressive contract 791860 to be Accession Number: 20160729–5096. Filed Date: 8/1/16. effective 8/1/2016. Comments Due: 5 p.m. ET 8/10/16. Filed Date: 8/1/16. Docket Numbers: RP16–748–002. Accession Number: 20160801–5104. Accession Number: 20160801–5126. Applicants: Gulf Shore Energy Comments Due: 5 p.m. ET 8/15/16. Comments Due: 5 p.m. ET 8/15/16. Docket Numbers: RP16–1144–000. Partners, LP. Docket Numbers: RP16–1151–000. Description: Compliance filing Applicants: Gulf South Pipeline Applicants: Algonquin Gas Company, LP. Gulfshore Amendment Filing. to be Transmission, LLC. effective 7/29/2016. Description: Section 4(d) Rate Filing: Description: Section 4(d) Rate Filing: Filed Date: 7/29/16. Cap Rel Neg Rate Agmt (PH 41455 to Negotiated Rates—Keyspan Release to Texla 46867) to be effective 8/1/2016. Accession Number: 20160729–5133. Brown’s contract 791912 to be effective Comments Due: 5 p.m. ET 8/10/16. Filed Date: 8/1/16. 8/1/2016. Accession Number: 20160801–5106. Filed Date: 8/1/16. Any person desiring to protest in any Comments Due: 5 p.m. ET 8/15/16. Accession Number: 20160801–5136. of the above proceedings must file in Docket Numbers: RP16–1145–000. Comments Due: 5 p.m. ET 8/15/16. accordance with Rule 211 of the Applicants: Algonquin Gas Docket Numbers: RP16–1152–000. Commission’s Regulations (18 CFR Transmission, LLC. Applicants: Algonquin Gas 385.211) on or before 5:00 p.m. Eastern Description: Section 4(d) Rate Filing: Transmission, LLC. time on the specified comment date. Negotiated Rates—BUG Release to Description: Section 4(d) Rate Filing: The filings are accessible in the Aggressive contract 791861 to be Negotiated Rates—RATIO ENERGY Commission’s eLibrary system by effective 8/1/2016. contract 791920 to be effective 8/1/2016. clicking on the links or querying the Filed Date: 8/1/16. Filed Date: 8/1/16. docket number. Accession Number: 20160801–5109. Accession Number: 20160801–5140. eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 8/15/16. Comments Due: 5 p.m. ET 8/15/16. information relating to filing requirements, interventions, protests, Docket Numbers: RP16–1146–000. Docket Numbers: RP16–1153–000. Applicants: Texas Gas Transmission, service, and qualifying facilities filings Applicants: Algonquin Gas can be found at: http://www.ferc.gov/ Transmission, LLC. LLC. Description: Section 4(d) Rate Filing: docs-filing/efiling/filing-req.pdf. For Description: Section 4(d) Rate Filing: Superseding Non-conforming Agmt other information, call (866) 208–3676 Negotiated Rates—BUG Release to (Mercuria 34366) to be effective 8/1/ (toll free). For TTY, call (202) 502–8659. Browns contract 791913 to be effective 2016. 8/1/2016. Dated: August 2, 2016. Filed Date: 8/1/16. Nathaniel J. Davis, Sr., Filed Date: 8/1/16. Accession Number: 20160801–5163. Accession Number: 20160801–5114. Comments Due: 5 p.m. ET 8/15/16. Deputy Secretary. Comments Due: 5 p.m. ET 8/15/16. Docket Numbers: RP16–1154–000. [FR Doc. 2016–18887 Filed 8–9–16; 8:45 am] Docket Numbers: RP16–1147–000. Applicants: Enable Mississippi River BILLING CODE 6717–01–P Applicants: Algonquin Gas Transmission, L. Transmission, LLC. Description: Section 4(d) Rate Filing: Description: Section 4(d) Rate Filing: Negotiated Rate Filing to Amend WRB DEPARTMENT OF ENERGY Negotiated Rates—Con Ed Release to _ _ #3808 8 1 16 to be effective 8/1/2016. Federal Energy Regulatory Enhanced Energy contract 791915 to be Filed Date: 8/1/16. Commission effective 8/1/2016. Accession Number: 20160801–5199. Filed Date: 8/1/16. Comments Due: 5 p.m. ET 8/15/16. [Docket No. ER16–2360–000] Accession Number: 20160801–5117. Any person desiring to intervene or Comments Due: 5 p.m. ET 8/15/16. protest in any of the above proceedings Great Western Wind Energy, LLC; Docket Numbers: RP16–1148–000. must file in accordance with Rules 211 Supplemental Notice That Initial Applicants: Algonquin Gas and 214 of the Commission’s Market-Based Rate Filing Includes Transmission, LLC. Regulations (18 CFR 385.211 and Request for Blanket Section 204 Description: Section 4(d) Rate Filing: 385.214) on or before 5:00 p.m. Eastern Authorization Negotiated Rates—ConEd Release to time on the specified date(s). Protests This is a supplemental notice in the Aggressive contract 791859 to be may be considered, but intervention is above-referenced proceeding of Great effective 8/1/2016. necessary to become a party to the Western Wind Energy, LLC’s Filed Date: 8/1/16. proceeding. application for market-based rate Accession Number: 20160801–5121. Filings in Existing Proceedings authority, with an accompanying rate Comments Due: 5 p.m. ET 8/15/16. tariff, noting that such application Docket Numbers: RP16–1149–000. Docket Numbers: RP16–440–000. includes a request for blanket

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authorization, under 18 CFR part 34, of DEPARTMENT OF ENERGY docket(s). For assistance with any FERC future issuances of securities and Online service, please email assumptions of liability. Federal Energy Regulatory [email protected]. or call Commission Any person desiring to intervene or to (866) 208–3676 (toll free). For TTY, call protest should file with the Federal [Docket No. ER16–2226–000] (202) 502–8659. Energy Regulatory Commission, 888 Dated: August 2, 2016. McHenry Battery Storage, LLC; First Street NE., Washington, DC 20426, Nathaniel J. Davis, Sr., Supplemental Notice That Initial in accordance with Rules 211 and 214 Deputy Secretary. Market-Based Rate Filing Includes of the Commission’s Rules of Practice Request for Blanket Section 204 [FR Doc. 2016–18883 Filed 8–9–16; 8:45 am] and Procedure (18 CFR 385.211 and Authorization BILLING CODE 6717–01–P 385.214). Anyone filing a motion to intervene or protest must serve a copy This is a supplemental notice in the of that document on the Applicant. above-referenced proceeding of DEPARTMENT OF ENERGY McHenry Battery Storage, LLC‘s Notice is hereby given that the Federal Energy Regulatory application for market-based rate deadline for filing protests with regard Commission to the applicant’s request for blanket authority, with an accompanying rate tariff, noting that such application authorization, under 18 CFR part 34, of [Docket No. ER16–2224–000] includes a request for blanket future issuances of securities and authorization, under 18 CFR part 34, of Solverde 1, LLC; Supplemental Notice assumptions of liability, is August 23, future issuances of securities and That Initial Market-Based Rate Filing 2016. assumptions of liability. Includes Request for Blanket Section The Commission encourages Any person desiring to intervene or to 204 Authorization electronic submission of protests and protest should file with the Federal This is a supplemental notice in the interventions in lieu of paper, using the Energy Regulatory Commission, 888 above-referenced proceeding of FERC Online links at http:// First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 Solverde 1, LLC’s application for www.ferc.gov. To facilitate electronic market-based rate authority, with an service, persons with Internet access of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and accompanying rate tariff, noting that who will eFile a document and/or be such application includes a request for listed as a contact for an intervenor 385.214). Anyone filing a motion to intervene or protest must serve a copy blanket authorization, under 18 CFR must create and validate an of that document on the Applicant. part 34, of future issuances of securities eRegistration account using the Notice is hereby given that the and assumptions of liability. eRegistration link. Select the eFiling deadline for filing protests with regard Any person desiring to intervene or to link to log on and submit the to the applicant’s request for blanket protest should file with the Federal intervention or protests. authorization, under 18 CFR part 34, of Energy Regulatory Commission, 888 Persons unable to file electronically future issuances of securities and First Street NE., Washington, DC 20426, should submit an original and 5 copies assumptions of liability, is August 22, in accordance with Rules 211 and 214 of the intervention or protest to the 2016. of the Commission’s Rules of Practice Federal Energy Regulatory Commission, The Commission encourages and Procedure (18 CFR 385.211 and 888 First Street NE., Washington, DC electronic submission of protests and 385.214). Anyone filing a motion to intervene or protest must serve a copy 20426. interventions in lieu of paper, using the FERC Online links at http:// of that document on the Applicant. The filings in the above-referenced www.ferc.gov. To facilitate electronic Notice is hereby given that the proceeding are accessible in the service, persons with Internet access deadline for filing protests with regard Commission’s eLibrary system by who will eFile a document and/or be to the applicant’s request for blanket clicking on the appropriate link in the listed as a contact for an intervenor authorization, under 18 CFR part 34, of above list. They are also available for must create and validate an future issuances of securities and electronic review in the Commission’s eRegistration account using the assumptions of liability, is August 22, Public Reference Room in Washington, eRegistration link. Select the eFiling 2016. DC. There is an eSubscription link on link to log on and submit the The Commission encourages the Web site that enables subscribers to intervention or protests. electronic submission of protests and receive email notification when a Persons unable to file electronically interventions in lieu of paper, using the document is added to a subscribed should submit an original and 5 copies FERC Online links at http:// docket(s). For assistance with any FERC of the intervention or protest to the www.ferc.gov. To facilitate electronic Online service, please email Federal Energy Regulatory Commission, service, persons with Internet access [email protected]. or call 888 First Street NE., Washington, DC who will eFile a document and/or be (866) 208–3676 (toll free). For TTY, call 20426. listed as a contact for an intervenor (202) 502–8659. The filings in the above-referenced must create and validate an proceeding are accessible in the eRegistration account using the Dated: August 3, 2016. Commission’s eLibrary system by eRegistration link. Select the eFiling Nathaniel J. Davis, Sr., clicking on the appropriate link in the link to log on and submit the Deputy Secretary. above list. They are also available for intervention or protests. [FR Doc. 2016–18891 Filed 8–9–16; 8:45 am] electronic review in the Commission’s Persons unable to file electronically BILLING CODE 6717–01–P Public Reference Room in Washington, should submit an original and 5 copies DC. There is an eSubscription link on of the intervention or protest to the the Web site that enables subscribers to Federal Energy Regulatory Commission, receive email notification when a 888 First Street NE., Washington, DC document is added to a subscribed 20426.

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The filings in the above-referenced who will eFile a document and/or be Notice is hereby given that the proceeding are accessible in the listed as a contact for an intervenor deadline for filing protests with regard Commission’s eLibrary system by must create and validate an to the applicant’s request for blanket clicking on the appropriate link in the eRegistration account using the authorization, under 18 CFR part 34, of above list. They are also available for eRegistration link. Select the eFiling future issuances of securities and electronic review in the Commission’s link to log on and submit the assumptions of liability, is August 23, Public Reference Room in Washington, intervention or protests. 2016. DC. There is an eSubscription link on Persons unable to file electronically The Commission encourages the Web site that enables subscribers to should submit an original and 5 copies electronic submission of protests and receive email notification when a of the intervention or protest to the interventions in lieu of paper, using the document is added to a subscribed Federal Energy Regulatory Commission, FERC Online links at http:// docket(s). For assistance with any FERC 888 First Street NE., Washington, DC www.ferc.gov. To facilitate electronic Online service, please email 20426. service, persons with Internet access [email protected]. or call The filings in the above-referenced who will eFile a document and/or be (866) 208–3676 (toll free). For TTY, call proceeding are accessible in the listed as a contact for an intervenor (202) 502–8659. Commission’s eLibrary system by must create and validate an Dated: August 2, 2016. clicking on the appropriate link in the eRegistration account using the eRegistration link. Select the eFiling Nathaniel J. Davis, Sr., above list. They are also available for electronic review in the Commission’s link to log on and submit the Deputy Secretary. Public Reference Room in Washington, intervention or protests. [FR Doc. 2016–18882 Filed 8–9–16; 8:45 am] DC. There is an eSubscription link on Persons unable to file electronically BILLING CODE 6717–01–P the Web site that enables subscribers to should submit an original and 5 copies receive email notification when a of the intervention or protest to the document is added to a subscribed Federal Energy Regulatory Commission, DEPARTMENT OF ENERGY docket(s). For assistance with any FERC 888 First Street NE., Washington, DC Federal Energy Regulatory Online service, please email 20426. Commission [email protected] or call The filings in the above-referenced (866) 208–3676 (toll free). For TTY, call proceeding are accessible in the [Docket No. ER16–2364–000] (202) 502–8659. Commission’s eLibrary system by clicking on the appropriate link in the Dated: August 3, 2016. Algonquin SKIC 10 Solar, LLC; above list. They are also available for Supplemental Notice That Initial Nathaniel J. Davis, Sr., electronic review in the Commission’s Market-Based Rate Filing Includes Deputy Secretary. Public Reference Room in Washington, Request for Blanket Section 204 [FR Doc. 2016–18893 Filed 8–9–16; 8:45 am] DC. There is an eSubscription link on Authorization BILLING CODE 6717–01–P the Web site that enables subscribers to This is a supplemental notice in the receive email notification when a document is added to a subscribed above-referenced proceeding of DEPARTMENT OF ENERGY Algonquin SKIC 10 Solar, LLC’s docket(s). For assistance with any FERC application for market-based rate Federal Energy Regulatory Online service, please email authority, with an accompanying rate Commission [email protected] or call tariff, noting that such application (866) 208–3676 (toll free). For TTY, call includes a request for blanket [Docket No. ER16–2363–000] (202) 502–8659. authorization, under 18 CFR part 34, of Bluestem Wind Energy, LLC; Dated: August 3, 2016. future issuances of securities and Supplemental Notice That Initial Nathaniel J. Davis, Sr., assumptions of liability. Market-Based Rate Filing Includes Deputy Secretary. Any person desiring to intervene or to Request for Blanket Section 204 [FR Doc. 2016–18892 Filed 8–9–16; 8:45 am] protest should file with the Federal Authorization BILLING CODE 6717–01–P Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, This is a supplemental notice in the in accordance with Rules 211 and 214 above-referenced proceeding of ENVIRONMENTAL PROTECTION of the Commission’s Rules of Practice Bluestem Wind Energy, LLC’s AGENCY and Procedure (18 CFR 385.211 and application for market-based rate 385.214). Anyone filing a motion to authority, with an accompanying rate [Regional Docket Nos. V–2015–2, FRL– intervene or protest must serve a copy tariff, noting that such application 9950–53–Region 5] of that document on the Applicant. includes a request for blanket Notice is hereby given that the authorization, under 18 CFR part 34, of Clean Air Act Operating Permit deadline for filing protests with regard future issuances of securities and Program; Action on Petition for to the applicant’s request for blanket assumptions of liability. Objection to State Operating Permit for authorization, under 18 CFR part 34, of Any person desiring to intervene or to Waupaca Foundry Plant 1 future issuances of securities and protest should file with the Federal AGENCY: Environmental Protection assumptions of liability, is August 23, Energy Regulatory Commission, 888 Agency (EPA). 2016. First Street NE., Washington, DC 20426, ACTION: Notice of final Order on petition The Commission encourages in accordance with Rules 211 and 214 to object to Clean Air Act Title V electronic submission of protests and of the Commission’s Rules of Practice operating permit. interventions in lieu of paper, using the and Procedure (18 CFR 385.211 and FERC Online links at http:// 385.214). Anyone filing a motion to SUMMARY: This document announces www.ferc.gov. To facilitate electronic intervene or protest must serve a copy that the Environmental Protection service, persons with Internet access of that document on the Applicant. Agency (EPA) Administrator has denied

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a petition from Philip Nolan asking EPA industry, (3) the EPA should conduct a The draft PWTF GP is based on an to object to a Title V operating permit residual risk and technology review, (4) administrative record available for issued by the Wisconsin Department of the permit limits are insufficient to public review at EPA–Region 1, Office Natural Resources (WDNR) to Waupaca protect public health, (5) the modeling of Ecosystem Protection, 5 Post Office Foundry Plant 1 (Waupaca). Sections procedures used to determine public Square, Suite 100, Boston, 307(b) and 505(b)(2) of the Clean Air health risk were not correct, and (6) Massachusetts 02109–3912. A Act (Act) provide that a petitioner may additional emissions control technology reasonable fee may be charged for ask for judicial review of those portions should be used. copying requests. The fact sheet for the of the petition that EPA denies in the On July 14, 2016, the Administrator draft PWTF GP sets forth principal facts United States Court of Appeals for the issued an Order denying the petition. and the significant factual, legal, appropriate circuit. Any petition for The Order explains the reasons behind methodological and policy questions review shall be filed within 60 days EPA’s conclusion. considered in the development of the from the date this notice appears in the Dated: August 1, 2016. draft General Permit and is available Federal Register, pursuant to section Robert A. Kaplan, upon request. 307 of the Act. Acting Regional Administrator, Region 5. FOR FURTHER INFORMATION CONTACT: ADDRESSES: You may review copies of [FR Doc. 2016–19027 Filed 8–9–16; 8:45 am] Additional information concerning the the final Order, the petition, and other draft General Permits may be obtained BILLING CODE 6560–50–P supporting information at the EPA between the hours of 9 a.m. and 5 p.m. Region 5 Office, 77 West Jackson Monday through Friday, excluding Boulevard, Chicago, Illinois 60604. If ENVIRONMENTAL PROTECTION holidays, from Glenda Velez, U.S. EPA you wish to examine these documents, AGENCY Region 1, 5 Post Office Square, Suite you should make an appointment at 100, Mail Code OEP06–1, Boston, MA least 24 hours before the day you would [FRL–9950–56–Region 1] 02109–3912; telephone: 617–918–1677; like to visit. Additionally, the final email: [email protected]. Notice of Availability of Draft NPDES Order for the Waupaca petition is SUPPLEMENTARY INFORMATION: available electronically at: https:// General Permits for Discharges From Potable Water Treatment Facilities in Public Comment Information: www.epa.gov/title-v-operating-permits/ Interested persons may submit written title-v-petition-database. Massachusetts and New Hampshire: The Potable Water Treatment Facility comments on the draft General Permits FOR FURTHER INFORMATION CONTACT: General Permit to the EPA-Region I at the address listed Genevieve Damico, Chief, Air Permits above. Within the comment period, Section, Air Programs Branch, Air and AGENCY: Environmental Protection interested persons may also request, in Radiation Division, EPA, Region 5, 77 Agency. writing, that EPA hold a public hearing West Jackson Boulevard AR–18J, ACTION: Notice of availability of draft pursuant to 40 CFR 124.12, concerning Chicago, Illinois 60604, telephone (312) NPDES general permits MAG640000 the draft General Permits. Such requests 353–4761. and NHG640000. shall state the nature of the issues SUPPLEMENTARY INFORMATION: The Act proposed to be raised at the hearing. A affords EPA a 45-day period to review SUMMARY: The Director of the Office of public hearing may be held at least and object, as appropriate, to Title V Ecosystem Protection, U.S. thirty days after public notice whenever operating permits proposed by state Environmental Protection Agency— the Regional Administrator finds that permitting authorities. Section 505(b)(2) Region 1 (EPA), is providing a notice of response to this notice indicates of the Act authorizes any person to availability of the draft National significant public interest. In reaching a petition the EPA Administrator within Pollutant Discharge Elimination System final decision on this draft permit, the 60 days after the expiration of the EPA (NPDES) General Permits (GP) for Regional Administrator will respond to review period to object to a Title V discharges from potable water treatment all significant comments and make operating permit if EPA has not done so. facilities (PWTF) to certain waters of the responses available to the public at A petition must be based only on Commonwealth of Massachusetts and EPA’s Boston office. All comments and objections to the permit that were raised the State of New Hampshire. The draft requests for public hearings must be with reasonable specificity during the General Permits establish Notice of postmarked or delivered by the close of public comment period provided by the Intent (NOI) requirements, effluent the public comment period. state, unless the petitioner demonstrates limitations, standard and special General Information: EPA is that it was impracticable to raise issues conditions, prohibitions, and best proposing to reissue two general permits during the comment period, or the management practices (BMPs) for sites for wastewater discharges from potable grounds for the issues arose after this with discharges from potable water water treatment facilities in period. treatment facilities. These General Massachusetts and New Hampshire, that On July 1, 2015, EPA received a Permits replace the previous PWTF GP are generally less than or equal to 1.0 petition from Philip Nolan (Petitioner) that expired on October 2, 2014. million gallons per day (MGD) and that requesting that EPA object to the Title DATES: Comments on the draft General use one or more of the following V operating permit for Waupaca. The Permits must be received on or before treatment processes: Clarification, Petitioner alleged that the permit is not September 9, 2016. Coagulation, Media Filtration, in compliance with the requirements of ADDRESSES: Written comments on the Membrane filtration (not including the Act. Specifically, the Petitioner draft General Permits may be mailed to reverse osmosis), and Disinfection. alleged that: (1) The permit does not U.S. EPA Region 1, Office of Ecosystem While the draft General Permits are two limit Hazardous Air Pollutant emissions Protection, Attn: Glenda Velez, 5 Post distinct permits, for convenience, EPA to a concentration of 4.59 mg/m3, (2) the Office Square, Suite 100, Mail Code: has grouped them together in a single permit does not comply with Section OEP06–1, Boston, Massachusetts document and has provided a single fact 112 of the Act and the National 02109–3912, or sent via email to sheet. This document refers to the draft Emission Standard for Hazardous Air [email protected]. No facsimiles General ‘‘Permit’’ in the singular. The Pollutants for the iron and steel foundry (faxes) will be accepted. draft General Permit, fact sheet, and

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appendices are available at: http:// EPA has established provisions and I. General Information www.epa.gov/region1/npdes/ documentation requirements for sites A. Does this action apply to me? pwtfgp.html. seeking coverage under the PWTF GP to The draft general permit includes ensure that discharges or actions taken This action applies to the public in effluent limitations and requirements under this General Permit will not general. As such, the Agency has not based on technology-based adversely affect historic properties and attempted to describe all the specific considerations, best professional places. entities that may be affected by this judgment (BPJ), and water quality Authority: This action is being taken action. considerations. The effluent limits under the Clean Water Act, 33 U.S.C. 1251 B. How can I get copies of this document established in the draft General Permit et seq. assure that the surface water quality and other related information? standards of the receiving water(s) are Dated: August 1, 2016. The docket for this action, identified attained and/or maintained. The permit H. Curtis Spalding, by docket identification (ID) number also contains BMP requirements in Regional Administrator, Region 1. EPA–HQ–OPP–2016–0445, is available order to ensure EPA has the information [FR Doc. 2016–19028 Filed 8–9–16; 8:45 am] at http://www.regulations.gov or at the necessary to ensure compliance and to BILLING CODE 6560–50–P Office of Pesticide Programs Regulatory ensure discharges meet water quality Public Docket (OPP Docket) in the standards. Obtaining Authorization: In order to ENVIRONMENTAL PROTECTION Environmental Protection Agency obtain authorization to discharge, AGENCY Docket Center (EPA/DC), West William operators must submit a complete and Jefferson Clinton Bldg., Rm. 3334, 1301 accurate NOI containing the information [EPA–HQ–OPP–2016–0445; FRL–9950–09] Constitution Ave. NW., Washington, DC 20460–0001. The Public Reading Room in Appendix IV of the draft General Summitec Corporation, Versar, Inc., Permit. Facilities currently authorized is open from 8:30 a.m. to 4:30 p.m., and CDM/CSS-Dynamac Joint Venture; Monday through Friday, excluding legal to discharge under the Expired PWTF Transfer of Data GP must submit a NOI within 90 days holidays. The telephone number for the of the effective date of the final General AGENCY: Environmental Protection Public Reading Room is (202) 566–1744, Permit. Operators with new discharges Agency (EPA). and the telephone number for the OPP Docket is (703) 305–5805. Please review must submit a NOI at least 60 days prior ACTION: Notice. to initiating discharges and following the visitor instructions and additional the effective date of the final General SUMMARY: This notice announces that information about the docket available Permit. Facilities with existing pesticide related information submitted at http://www.epa.gov/dockets. discharges that were not authorized to EPA’s Office of Pesticide Programs II. Contractor Requirements under the Expired PWTF GP and which (OPP) pursuant to the Federal use aluminum in their treatment process Insecticide, Fungicide, and Rodenticide Under Contract No. EP–W–16–019, must conduct more extensive water Act (FIFRA) and the Federal Food, Drug, Summitec Corporation and its quality sampling data and submit this and Cosmetic Act (FFDCA), including subcontractors, Versar, Inc., and CDM/ information with the NOI within 6 information that may have been claimed CSS-Dynamac Joint Venture, will months of the effective date of the final as Confidential Business Information perform critical reviews of EPA General Permit. (CBI) by the submitter, will be designated studies submitted by the Operators must meet the eligibility transferred to Summitec Corporation registrants and/or from the open requirements of the General Permit prior and its subcontractors, Versar, Inc., and literature. These reviews will be to submission of a NOI. An operator will CDM/CSS-Dynamac Joint Venture in provided to the contract officer’s be authorized to discharge under the accordance with the CBI regulations. representative in data evaluation General Permit upon receipt of written Summitec Corporation and its records or other similar study data notice from EPA following EPA’s web subcontractors, Versar, Inc., and CDM/ evaluation records or systems, as posting of the submitted NOI. EPA will CSS-Dynamac Joint Venture have been applicable. A template of the data authorize the discharge, request awarded a contract to perform work for evaluation records format provided to additional information, or require the OPP, and access to this information will the contractor will be followed in the operator to apply for an alternative enable Summitec Corporation and its preparation of data evaluation records. permit or an individual permit. The subcontractors Versar, Inc., and CDM/ See the data evaluation records effective date of the final General Permit CSS-Dynamac Joint Venture to fulfill the templates for test guidelines at http:// will be specified in the Federal Register obligations of the contract. www.epa.gov/pesticide-registration/ publication of the Notice of Availability DATES: Summitec Corporation and its study-profile-templates. Specific of the final permit. subcontractors Versar, Inc., and CDM/ guidance for completing each section is Other Legal Requirements: CSS-Dynamac Joint Venture will be provided in the data evaluation records Endangered Species Act (ESA): EPA has given access to this information on or templates. Each review will encompass updated the provisions and necessary before August 15, 2016. all items in the study that contribute to actions and documentation related to the overall knowledge of the pesticide, FOR FURTHER INFORMATION CONTACT: potential impacts to endangered species and will include the following: Mario Steadman, Information from facilities seeking coverage under • Technology and Resources Management An evaluation of the accuracy, the PWTF GP. EPA has requested credibility and scientific validity of that concurrence from the appropriate Division (7502P), Office of Pesticide Programs, Environmental Protection study; federal services (U.S. Fish and Wildlife • Service and National Marine Fisheries Agency, 1200 Pennsylvania Ave. NW., its suitability for meeting specific Service) in connection with this draft Washington, DC 20460–0001; telephone data requirements; General Permit. number: (703) 305–8338, email: • any necessary graphic displays of National Historic Preservation Act [email protected]. data, and/or summary tables illustrating (NHPA): In accordance with NHPA, SUPPLEMENTARY INFORMATION: results of the study;

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• sound scientific rationale for the Dated: August 3, 2016. SUMMARY: The FFIEC published a notice conclusions reached on specific studies; Delores Barber, in the Federal Register on July 21, 2016, and Acting Director, Information Technology and announcing the availability of the Filing • clarity in data presentation and Resources Management Division, Office of Instructions Guide (FIG) for Home Pesticide Programs. Mortgage Disclosure Act (HMDA) data adherence to the template and overall [FR Doc. 2016–18896 Filed 8–9–16; 8:45 am] collected in 2017 and the Filing guidance. BILLING CODE 6560–50–P Instructions Guide for Home Mortgage OPP has determined that access by Disclosure Act data collected in 2018. Summitec Corporation and its The FIGs provide a compendium of subcontractors, Versar, Inc., and CDM/ FEDERAL ACCOUNTING STANDARDS resources to help covered financial CSS-Dynamac Joint Venture to ADVISORY BOARD institutions file with the Bureau of information on all pesticide chemicals Consumer Financial Protection (Bureau) is necessary for the performance of this Notice of Issuance of Statement of HMDA data collected in 2017 and 2018. contract. Some of this information may Federal Financial Accounting This notice corrects the telephone be entitled to confidential treatment. Standards 50 number, listed in the FOR FURTHER The information has been submitted to INFORMATION CONTACT section, from AGENCY: Federal Accounting Standards (855) 438–2372 to (202) 435–9888. EPA under FIFRA sections 3, 4, 6, and Advisory Board. 7 and under FFDCA sections 408 and FOR FURTHER INFORMATION CONTACT: ACTION: Notice. 409. Michael Byrne, [email protected] or (202) 435–9888. In accordance with the requirements Board Action: Pursuant to 31 U.S.C. of 40 CFR 2.307(h)(2) the contract with 3511(d), the Federal Advisory Correction Summitec Corporation and its Committee Act (Pub. L. 92–463), as In the Federal Register of July 21, subcontractors, Versar, Inc., and CDM/ amended, and the FASAB Rules Of 2016, in FR Doc. 2016–17234, on page CSS-Dynamac Joint Venture, prohibits Procedure, as amended in October 2010, 47394, in the first column, remove use of the information for any purpose notice is hereby given that the Federal ‘‘(855) 438–2372’’ and add in its place not specified in the contract; prohibits Accounting Standards Advisory Board ‘‘(202) 435–9888’’. (FASAB) has issued Statement of disclosure of the information to a third Dated: August 3, 2016. party without prior written approval Federal Financial Accounting Standards (SFFAS) 50, Establishing Opening Federal Financial Institutions Examination from the Agency; and requires that each Council. Balances for General Property, Plant, official and employee of the contractor and Equipment: Amending Statement of Judith E. Dupre, sign an agreement to protect the Federal Financial Accounting FFIEC Executive Secretary. information from unauthorized release Standards (SFFAS) 6, SFFAS 10, SFFAS [FR Doc. 2016–18905 Filed 8–9–16; 8:45 am] and to handle it in accordance with the 23, and Rescinding SFFAS 35. BILLING CODE 7535–01–P 6714–01–P 6210–01–P 4810– FIFRA Information Security Manual. In The Statement is available on the 33–P 4810–AM–P addition, Summitec Corporation and its FASAB Web site at http:// subcontractors, Versar, Inc., and CDM/ www.fasab.gov/accounting-standards/. CSS-Dynamac Joint Venture are Copies can be obtained by contacting FEDERAL MARITIME COMMISSION required to submit for EPA approval a FASAB at (202) 512–7350. Notice of Agreements Filed security plan under which any CBI will FOR FURTHER INFORMATION CONTACT: Ms. be secured and protected against Wendy M. Payne, executive director, The Commission hereby gives notice unauthorized release or compromise. No 441 G Street NW., Mail Stop 6H19, of the filing of the following agreements information will be provided to Washington, DC 20548, or call (202) under the Shipping Act of 1984. Summitec Corporation and its 512–7350. Interested parties may submit comments subcontractors, Versar, Inc., and CDM/ on the agreements to the Secretary, Authority: Federal Advisory Committee Federal Maritime Commission, CSS-Dynamac Joint Venture until the Act, Public Law 92–463. requirements in this document have Washington, DC 20573, within twelve Dated: August 4, 2016. been fully satisfied. Records of days of the date this notice appears in information provided to Summitec Wendy M. Payne, the Federal Register. Copies of the Corporation and its subcontractors, Executive Director. agreements are available through the Versar, Inc., and CDM/CSS-Dynamac [FR Doc. 2016–18924 Filed 8–9–16; 8:45 am] Commission’s Web site (www.fmc.gov) Joint Venture will be maintained by BILLING CODE 1610–02–P or by contacting the Office of Agreements at (202)-523–5793 or EPA project officers for this contract. All [email protected]. information supplied to Summitec Corporation and its subcontractors, FEDERAL FINANCIAL INSTITUTIONS Agreement No.: 011075–077. Title: Central America Discussion Versar, Inc., and CDM/CSS-Dynamac EXAMINATION COUNCIL Agreement. Joint Venture by EPA for use in [Docket No. FFIEC–2016–0002] Parties: Crowley Latin America connection with this contract will be Services, LLC.; Dole Ocean Cargo Notice of Availability of Home returned to EPA when Summitec Express; Great White Fleet Liner Service Mortgage Disclosure Act (HMDA) Filing Corporation and its subcontractors, Ltd; King Ocean Services Limited; and Instructions Guides for HMDA Data Versar, Inc., and CDM/CSS-Dynamac Seaboard Marine, Ltd. Joint Venture have completed their Collected in 2017 and 2018; Correction Filing Party: Wayne R. Rohde, Esq.; work. AGENCY: Federal Financial Institutions Cozen O’Connor; 1200 Nineteenth Street Authority: 7 U.S.C. 136 et seq.; 21 U.S.C. Examination Council (FFIEC). NW., Washington, DC 20036. Synopsis: The amendment corrects 301 et seq. ACTION: Notice of availability; the address of Great White Fleet Liner correction. Service Ltd.

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Agreement No.: 012316–001. ADDRESSES: Interested parties may file a information from comments before Title: CMA CGM/HSDG/UASC/Vessel comment at https:// placing them on the Commission Web Sharing Agreement. ftcpublic.commentworks.com/ftc/ site. Parties: CMA CGM, S.A.; Hamburg marspetcareconsent online or on paper, Because your comment will be made Sud; United Arab Shipping Co. by following the instructions in the public, you are solely responsible for Filing Party: Draughn B. Arbona, Esq; Request for Comment part of the making sure that your comment does CMA CGM (America) LLC; 5701 Lake SUPPLEMENTARY INFORMATION section not include any sensitive personal Wright Drive; Norfolk, VA 23502. below. Write ‘‘In the Matter of Mars information, like anyone’s Social Synopsis: The amendment reflects the Petcare US, Inc., File No.152–3229— Security number, date of birth, driver’s termination of the Far East portion of Consent Agreement’’ on your comment license number or other state the Agreement and clarifies terms of the and file your comment online at https:// identification number or foreign country Agreement moving forward. The parties ftcpublic.commentworks.com/ftc/ equivalent, passport number, financial have requested expedited review. marspetcareconsent by following the account number, or credit or debit card Agreement No.: 012388–001. instructions on the Web-based form. If number. You are also solely responsible Title: Hyundai Glovis/Hoegh Mexico you prefer to file your comment on for making sure that your comment does Space Charter Agreement. paper, write ‘‘In the Matter of Mars not include any sensitive health Parties: Hoegh Autoliners AS and Petcare US, Inc., File No.152–3229— information, like medical records or Hyundai Glovis Co. Ltd. Consent Agreement’’ on your comment other individually identifiable health Filing Party: Wayne Rohde; Cozen and on the envelope, and mail your information. In addition, do not include O’Connor; 1200 Nineteenth Street NW., comment to the following address: any ‘‘[t]rade secret or any commercial or Washington, DC 20036. Federal Trade Commission, Office of the financial information which . . . is Synopsis: The amendment clarifies Secretary, 600 Pennsylvania Avenue privileged or confidential,’’ as discussed that the scope of the Agreement NW., Suite CC–5610 (Annex D), in Section 6(f) of the FTC Act, 15 U.S.C. includes Puerto Rico. Washington, DC 20580, or deliver your 46(f), and FTC Rule 4.10(a)(2), 16 CFR comment to the following address: 4.10(a)(2). In particular, do not include Agreement No.: 012434. competitively sensitive information Title: MSC/CMA CGM Kingston- Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th such as costs, sales statistics, Mobile Space Charter Agreement. inventories, formulas, patterns, devices, Parties: CMA CGM S.A. and Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. manufacturing processes, or customer Mediterranean Shiping Company S.A. names. FOR FURTHER INFORMATION CONTACT: Filing Party: Draughn B. Arbona, Esq; If you want the Commission to give CMA CGM (America) LLC; 5701 Lake David M. Newman, (415–848–5123), your comment confidential treatment, Wright Drive; Norfolk, VA 23502. FTC Western Region, 901 Market Street, you must file it in paper form, with a Synopsis: This Agreement provides Suite 570, San Francisco, CA 94103. request for confidential treatment, and for MSC to charter space to CMA CGM SUPPLEMENTARY INFORMATION: Pursuant you have to follow the procedure in the Trade between Kingston, Jamaica to Section 6(f) of the Federal Trade explained in FTC Rule 4.9(c), 16 CFR and Mobile, Alabama. Commission Act, 15 U.S.C. 46(f), and 4.9(c).1 Your comment will be kept By Order of the Federal Maritime FTC Rule 2.34, 16 CFR 2.34, notice is confidential only if the FTC General Commission. hereby given that the above-captioned Counsel, in his or her sole discretion, Dated: August 5, 2016. consent agreement containing consent grants your request in accordance with Karen V. Gregory, order to cease and desist, having been the law and the public interest. filed with and accepted, subject to final Secretary. Postal mail addressed to the approval, by the Commission, has been Commission is subject to delay due to [FR Doc. 2016–19009 Filed 8–9–16; 8:45 am] placed on the public record for a period heightened security screening. As a BILLING CODE 6731–AA–P of thirty (30) days. The following result, we encourage you to submit your Analysis to Aid Public Comment comments online. To make sure that the describes the terms of the consent Commission considers your online FEDERAL TRADE COMMISSION agreement, and the allegations in the comment, you must file it at https:// [File No. 152 3229] complaint. An electronic copy of the ftcpublic.commentworks.com/ftc/ full text of the consent agreement marspetcareconsent by following the Mars Petcare US, Inc.; Analysis of package can be obtained from the FTC instructions on the Web-based form. If Proposed Consent Order To Aid Public Home Page (for August 4, 2016), on the this Notice appears at http:// Comment World Wide Web at: http://www.ftc.gov/ www.regulations.gov/#!home, you also os/actions.shtm. may file a comment through that Web AGENCY: Federal Trade Commission. You can file a comment online or on site. ACTION: Proposed consent agreement. paper. For the Commission to consider If you file your comment on paper, your comment, we must receive it on or write ‘‘In the Matter of Mars Petcare US, SUMMARY: The consent agreement in this before September 6, 2016. Write ‘‘In the Inc., File No.152–3229—Consent matter settles alleged violations of Matter of Mars Petcare US, Inc., File Agreement’’ on your comment and on federal law prohibiting unfair or No.152–3229—Consent Agreement’’ on the envelope, and mail your comment to deceptive acts or practices. The attached your comment. Your comment— the following address: Federal Trade Analysis to Aid Public Comment including your name and your state— Commission, Office of the Secretary, describes both the allegations in the will be placed on the public record of 600 Pennsylvania Avenue NW., Suite draft complaint and the terms of the this proceeding, including, to the extent consent order—embodied in the consent practicable, on the public Commission 1 In particular, the written request for confidential agreement—that would settle these Web site, at http://www.ftc.gov/os/ treatment that accompanies the comment must allegations. include the factual and legal basis for the request, publiccomments.shtm. As a matter of and must identify the specific portions of the DATES: Comments must be received on discretion, the Commission tries to comment to be withheld from the public record. See or before September 6, 2016. remove individuals’ home contact FTC Rule 4.9(c), 16 CFR 4.9(c).

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CC–5610 (Annex D), Washington, DC false or unsubstantiated and thus violate Part VI requires respondent to submit 20580, or deliver your comment to the the FTC Act. The complaint also alleges additional compliance reports when following address: Federal Trade that respondent represented that requested by the Commission and to Commission, Office of the Secretary, scientific tests prove that feeding dogs permit the Commission or its Constitution Center, 400 7th Street SW., its Eukanuba brand dog food can enable representatives to interview 5th Floor, Suite 5610 (Annex D), dogs to live exceptionally long lives or respondent’s personnel. Finally, Part VII Washington, DC 20024. If possible, to live 30 percent or more longer than provides that the order will terminate submit your paper comment to the their typical lifespan. The complaint after twenty (20) years, with certain Commission by courier or overnight alleges that these claims are false and exceptions. service. thus violate the FTC Act. The purpose of this analysis is to Visit the Commission Web site at The proposed consent order contains facilitate public comment on the http://www.ftc.gov to read this Notice provisions designed to prevent proposed order, and it is not intended and the news release describing it. The respondent from engaging in similar to constitute an official interpretation of FTC Act and other laws that the acts or practices in the future. the complaint and proposed order or to Commission administers permit the Specifically, Part I addresses the modify the proposed order’s terms in collection of public comments to unsubstantiated claims alleged in the any way. consider and use in this proceeding as complaint. Part I prohibits respondent appropriate. The Commission will from making misleading or By direction of the Commission. consider all timely and responsive unsubstantiated representations that its Donald S. Clark, public comments that it receives on or Eukanuba-brand pet foods or any other Secretary. before September 6, 2016. You can find pet food can enable dogs to live 30 [FR Doc. 2016–18906 Filed 8–9–16; 8:45 am] more information, including routine percent or more longer than their typical BILLING CODE 6750–01–P uses permitted by the Privacy Act, in lifespan or live exceptionally long lives. the Commission’s privacy policy, at It also prohibits respondent from http://www.ftc.gov/ftc/privacy.htm. making misleading or unsubstantiated FEDERAL TRADE COMMISSION claims regarding the health benefits of Analysis of Proposed Consent Order To any pet food. It requires that respondent Granting of Request for Early Aid Public Comment possesses and relies upon ‘‘competent Termination of the Waiting Period The Federal Trade Commission and reliable scientific evidence’’ to Under the Premerger (‘‘FTC’’ or ‘‘Commission’’) has accepted, substantiate any such representation. subject to final approval, an Agreement Part II of the proposed order addresses Notification Rules Containing Consent Order from Mars the allegedly false claims that scientific Section 7A of the Clayton Act, 15 Petcare US, Inc. (‘‘respondent’’). The tests prove that feeding dogs U.S.C. 18a, as added by Title II of the proposed consent order has been placed respondent’s Eukanuba brand dog food Hart-Scott- Rodino Antitrust on the public record for thirty (30) days can enable dogs to live 30 percent or Improvements Act of 1976, requires for receipt of comments by interested more longer or substantially longer than persons contemplating certain mergers persons. Comments received during this their typical lifespan. Part II prohibits or acquisitions to give the Federal Trade period will become part of the public respondent, when advertising any pet Commission and the Assistant Attorney record. After thirty (30) days, the food, from misrepresenting the General advance notice and to wait Commission will again review the existence, contents, validity, results, designated periods before agreement and the comments received, conclusions, or interpretations of any consummation of such plans. Section and will decide whether it should test, study, or research, or 7A(b)(2) of the Act permits the agencies, withdraw from the agreement and take misrepresenting that any health benefits in individual cases, to terminate this appropriate action or make final the of the pet food are scientifically proven. waiting period prior to its expiration agreement’s proposed order. Parts III–VI of the proposed order This matter involves the advertising, contain compliance and recordkeeping and requires that notice of this action be marketing, and sale by respondent of requirements. Part III requires published in the Federal Register. dog food under the Eukanuba brand. respondent acknowledge receipt of the The following transactions were Respondent has marketed its Eukanuba order, to provide a copy of the order to granted early termination—on the dates brand dog foods through retail outlets. certain current and future principals, indicated—of the waiting period According to the FTC complaint, officers, directors and employees, and to provided by law and the premerger respondent claimed that its dog food obtain an acknowledgement from each notification rules. The listing for each could increase the longevity of dogs by such person that they have received a transaction includes the transaction 30 percent or more. copy of the order. Part IV requires the number and the parties to the Specifically, the FTC complaint filing of compliance reports within one transaction. The grants were made by alleges that respondent represented that year after the order becomes final and the Federal Trade Commission and the dogs in a ten-year study that were fed within 14 days of any change in Assistant Attorney General for the Eukanuba brand dog food and received respondent that would affect Antitrust Division of the Department of proper care lived exceptionally long compliance with the order. Part V Justice. Neither agency intends to take lives—including 30 percent or more requires respondent to maintain certain any action with respect to these longer than their typical lifespan. The records, including records necessary to proposed acquisitions during the complaint alleges that these claims are demonstrate compliance with the order. applicable waiting period.

EARLY TERMINATIONS GRANTED

April 1, 2016 thru April 30, 2016 04/01/2016

20160878 ...... G MBK Partners Ltd.; Doosan Infracore Co., Ltd.; MBK Partners Ltd.

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EARLY TERMINATIONS GRANTED—Continued 20160887 ...... G Nordic Capital VIII Beta, L.P.; Genstar Capital Partners VI, L.P.; Nordic Capital VIII Beta, L.P. 20160900 ...... G EMCOR Group, Inc.; Cadent Energy Partners II, L.P.; EMCOR Group, Inc. 20160901 ...... G AEA Investors Fund V LP; Audax Private Equity Fund III, L.P.; AEA Investors Fund V LP. 20160903 ...... G Stuart W. Lang; Checkpoint Systems, Inc.; Stuart W. Lang. 20160904 ...... G Donald G. Lang; Checkpoint Systems, Inc.; Donald G. Lang. 20160905 ...... G Micro Focus International plc; HGGC Fund II, L.P.; Micro Focus International plc. 20160908 ...... G UACJ Corporation; Yogen Rahangdale; UACJ Corporation. 20160909 ...... G AbbVie Inc.; C.H. Boehringer Sohn AG & Co. KG; AbbVie Inc. 20160921 ...... G Dynegy Inc.; ENGIE S.A.; Dynegy Inc.

04/04/2016

20160862 ...... G VCA Inc.; Companion Animal Practices, North America; VCA Inc. 20160922 ...... G Precision Medicine Group, Inc.; Patricia Devitt Risse; Precision Medicine Group, Inc.

04/05/2016

20160917 ...... G Nestle S.A.; Guthy-Renker Partners, Inc.; Nestle S.A.

04/06/2016

20160875 ...... G Searchlight Capital II PV, L.P.; Prospect Capital Corporation; Searchlight Capital II PV, L.P. 20160894 ...... G Celtic Holdings I Limited; County Line Pharmaceuticals, LLC; Celtic Holdings I Limited.

04/07/2016

20160105 ...... G Gannett Co., Inc.; Journal Media Group, Inc; Gannett Co., Inc. 20160907 ...... G TBC Offshore Ltd.; Cypress Semiconductor Corporation; TBC Offshore Ltd.

04/08/2016

20160852 ...... G Deutsche Telekom AG; Telapex, Inc.; Deutsche Telekom AG. 20160858 ...... G Deutsche Telekom AG; Continuum 700 LLC; Deutsche Telekom AG. 20160859 ...... G Deutsche Telekom AG; Cavalier Wireless, LLC; Deutsche Telekom AG. 20160926 ...... G Alejandro Weinstein; Justin and Shila Farmer; Alejandro Weinstein. 20160931 ...... G Reyes Holdings, L.L.C.; The Coca-Cola Company; Reyes Holdings, L.L.C. 20160933 ...... G Jose Minski; Justin and Shila Farmer; Jose Minski. 20160942 ...... G Dustin Moskovitz; Asana, Inc.; Dustin Moskovitz. 20160943 ...... G Ningbo Huaxiang Electronic Co., Ltd.; Xiaofeng Zhou; Ningbo Huaxiang Electronic Co., Ltd. 20160947 ...... G Kyocera Corporation; Thomas J. Haag; Kyocera Corporation. 20160955 ...... G Stantec Inc.; MWH Global, Inc.; Stantec Inc. 20160965 ...... G Alejandro Weinstein; Ken and Susan Whitman; Alejandro Weinstein. 20160966 ...... G Jose Minski; Ken and Susan Whitman; Jose Minski.

04/11/2016

20160946 ...... G WL Ross Holding Corp.; TPG VI DE AIV II, L.P.; WL Ross Holding Corp. 20160951 ...... G Wilco Acquisition, LP; ATI Physical Therapy Holdings, LLC; Wilco Acquisition, L.P.

04/12/2016

20151212 ...... G Iron Mountain Incorporated; Recall Holdings Limited; Iron Mountain Incorporated.

04/13/2016

20160932 ...... G Pinnacle Entertainment, Inc.; Cannery Casino Resorts, LLC; Pinnacle Entertainment, Inc. 20160936 ...... G Terawatt Holdings, LP; Dynegy Inc.; Terawatt Holdings, L.P. 20160945 ...... G Harbert Power Fund V, LLC; LS Power Equity Partners II, L.P.; Harbert Power Fund V, LLC. 20160950 ...... G EQT VII (No. 1) Limited Partnership; D2 ApS; EQT VII (No. 1) Limited Partnership.

04/15/2016

20160924 ...... G Allscripts Healthcare Solutions, Inc.; Genstar Capital Partners V, L.P.; Allscripts Healthcare Solutions, Inc. 20160929 ...... G Fiera Capital Corporation; Nitin Kumbhani; Fiera Capital Corporation. 20160959 ...... G Terrence Cole; Enhanced Equity Fund, L.P.; Terrence Cole. 20160960 ...... G Mark Steinberg; Enhanced Equity Fund, L.P.; Mark Steinberg. 20160968 ...... G Ally Financial Inc.; TradeKing Group, Inc.; Ally Financial Inc. 20160975 ...... G Steve S. Hong; Ennis, Inc.; Steve S. Hong.

04/18/2016

20160785 ...... G PBF Energy Inc.; Plains All American Pipeline, L.P.; PBF Energy Inc. 20160949 ...... G CHRISTUS Health; Trinity Mother Frances Health System; CHRISTUS Health. 20160992 ...... G Oskar Blues Brewery Holding Co LLC; Joseph Jay Michael Redner; Oskar Blues Brewery Holding Co LLC.

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EARLY TERMINATIONS GRANTED—Continued 04/19/2016

20160948 ...... G Godrej & Boyce Manufacturing Company Limited; Strength of Nature, LLC; Godrej & Boyce Manufacturing Company Limited.

04/20/2016

20160919 ...... G Starboard Leaders Fund LP; Yahoo! Inc.; Starboard Leaders Fund LP. 20160935 ...... G Nasdaq, Inc.; Deutsche Borse AG; Nasdaq, Inc. 20160937 ...... G Mercury Systems, Inc.; Microsemi Corporation; Mercury Systems, Inc. 20160952 ...... G Markit Ltd.; IHS Inc.; Markit Ltd. 20160953 ...... G SA Compagnie Industrielle de Delle; Alcoa, Inc.; SA Compagnie Industrielle de Delle. 20160954 ...... G TransCanada Corporation; Dominion Resources, Inc; TransCanada Corporation. 20160961 ...... G NVLX Holdings, LLC; Carl A. Allen; NVLX Holdings, LLC.

04/21/2016

20160930 ...... G KKR North America Fund XI, L.P.; Marvell Technology Group Ltd.; KKR North America Fund XI, L.P.

04/22/2016

20160974 ...... G International Business Machines Corporation; RLH Bluewolf Holding LLC; International Business Machines Corpora- tion. 20160994 ...... G Halyard Health, Inc.; Linden Capital Partners LP; Halyard Health, Inc. 20160996 ...... G CEB Inc.; Leeds Equity Partners V, L.P.; CEB Inc. 20160998 ...... G Sheser Creek Company LLC; Single Source, Inc.; Sheser Creek Company LLC. 20161005 ...... G Foundation Capital V, L.P.; Venafi, Inc.; Foundation Capital V, L.P. 20161008 ...... G Richard G. Haworth; Janice Kercham Feldman; Richard G. Haworth. 20161009 ...... G Steel Partners Holdings, L.P.; SL Industries, Inc.; Steel Partners Holdings, L.P. 20161013 ...... G Legrand S.A.; Michael K. Moore; Legrand S.A. 20161015 ...... G The Yokohama Rubber Co., Ltd.; KKR Asian Fund L.P.; The Yokohama Rubber Co., Ltd. 20161017 ...... G Coast Range Buyer, LLC; Campbell Timber Fund II, L.P.; Coast Range Buyer, LLC.

04/25/2016

20160928 ...... G Oak Hill Capital Partners IV (Onshore), L.P.; Riverside Fund IV, LP; Oak Hill Capital Partners IV (Onshore), L.P. 20160940 ...... G Rosa Anna Magno Garavoglia; Societe des Produits Marnier-Lapostolle; Rosa Anna Magno Garavoglia. 20160962 ...... G Arsenal Capital Partners III LP; Robert Marc Skalla; Arsenal Capital Partners III LP. 20160963 ...... G Arsenal Capital Partners III LP; Russell Eugene Skalla; Arsenal Capital Partners III LP. 20160967 ...... G ABRY Partners VIII, L.P.; Cerca Acquisitions I, LLC; ABRY Partners VIII, L.P.

04/26/2016

20160972 ...... G Nasdaq, Inc.; BoardVantage, Inc.; Nasdaq, Inc.

04/28/2016

20160938 ...... G Coherent, Inc.; Rofin-Sinar Technologies Inc.; Coherent, Inc. 20160980 ...... G Compagnie De Saint-Gobain; Schenker-Winkler Holding AG; Compagnie De Saint-Gobain. 20161012 ...... G Brocade Communications Systems, Inc.; Ruckus Wireless, Inc.; Brocade Communications Systems, Inc.

04/29/2016

20161000 ...... G FinTech Acquisition Corp.; FTVentures III, L.P.; FinTech Acquisition Corp. 20161043 ...... G Corning Incorporated; Alliance Fiber Optic Products, Inc.; Corning Incorporated.

May 1, 2016 thru May 31, 2016 05/03/2016

20161006 ...... G Al Global Investments & Cy SCA; Nuplex Industries Limited; Al Global Investments & Cy SCA. 20161014 ...... G Providence Equity Partners VII USRPHC L.P.; EdgeConnex, Inc.; Providence Equity Partners VII USRPHC L.P. 20161032 ...... G Peak Rock Capital Fund LP; Hormel Foods Corporation; Peak Rock Capital Fund LP. 20161045 ...... G BBH Capital Partners QP IV, L.P.; EdgeConnex, Inc.; BBH Capital Partners QP IV, L.P.

05/06/2016

20160971 ...... G Berwind Corporation; Mangar Industries, Inc.; Berwind Corporation. 20161004 ...... G Nippon Telegraph and Telephone Corporation; Denali Holding Inc.; Nippon Telegraph and Telephone Corporation. 20161020 ...... G Tsinghua Holdings Co., Ltd.; Marvell Technology Group Ltd.; Tsinghua Holdings Co., Ltd. 20161030 ...... G KBHS Group Holdings, LLC; American Capital, Ltd.; KBHS Group Holdings, LLC. 20161039 ...... G Riverstone/Carlyle Global Energy and Power Fund IV (FT), L.P; Sanjel Corporation; Riverstone/Carlyle Global Energy and Power Fund IV (FT), L.P. 20161040 ...... G Riverstone Global Energy and Power Fund VI, L.P.; Sanjel Corporation; Riverstone Global Energy and Power Fund VI, L.P.

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EARLY TERMINATIONS GRANTED—Continued 05/09/2016

20160856 ...... G United Natural Foods, Inc.; David H. Anderson, Sr.; United Natural Foods, Inc. 20161052 ...... G Restoration Hardware Holdings, Inc.; Design Investors WW Acquisition Company, LLC; Restoration Hardware Hold- ings, Inc. 20161055 ...... G AXA LBO Fund V Supplementary FPCI; Halifax Capital Partners III, L.P.; AXA LBO Fund V Supplementary FPCI. 20161056 ...... G Blackstone Capital Partners (Cayman II) VI L.P.; Hewlett Packard Enterprise Co.; Blackstone Capital Partners (Cay- man II) VI L.P. 20161057 ...... G Roger S. Penske; Francis I. McGowen; Roger S. Penske. 20161058 ...... G Blue Sea Capital Fund I LP; NSi Holdings, Inc.; Blue Sea Capital Fund I LP. 20161059 ...... G Merit Energy Investments, LP; Marathon Oil Corporation; Merit Energy Investments, LP. 20161060 ...... G Merit 2014 MMGI, LP; Marathon Oil Corporation; Merit 2014 MMGI, LP. 20161061 ...... G Assured Guaranty Ltd.; CIFG Holding Inc.; Assured Guaranty Ltd. 20161067 ...... G Glenn B. Cooke; Paine & Partners Capital Fund III AIV, L.P.; Glenn B. Cooke. 20161069 ...... G Now Inc.; Tony S. Cercy; Now Inc. 20161070 ...... G Unum Group; H&J Capital, LLC; Unum Group. 20161075 ...... G Hennessy Capital Acquisition Corp. II; USI Senior Holdings, Inc.; Hennessy Capital Acquisition Corp. II.

05/10/2016

20160888 ...... G McKesson Corporation; Frazier Healthcare VI, L.P.; McKesson Corporation. 20161010 ...... G Century Tokyo Leasing Corporation; CSI Leasing, Inc.; Century Tokyo Leasing Corporation. 20161026 ...... G Thomas M. Rutledge; CCH I, LLC; Thomas M. Rutledge. 20161065 ...... G Ford Motor Company; EMC Corporation; Ford Motor Company. 20161084 ...... G GP Investments Acquisition Corp.; WKI Holding Company, Inc.; GP Investments Acquisition Corp.

05/12/2016

20161028 ...... G JANA Offshore Partners, Ltd.; Team Health Holdings, Inc.; JANA Offshore Partners, Ltd. 20161029 ...... G JANA Nirvana Offshore Fund, Ltd.; Team Health Holdings, Inc.; JANA Nirvana Offshore Fund, Ltd.

05/13/2016

20160999 ...... G Kestra Financial Holdings LP; Madison Dearborn Capital Partners VI–A, L.P.; Kestra Financial Holdings LP. 20161047 ...... G Huatai Securities Co., Ltd.; AqGen Liberty Holdings LLC; Huatai Securities Co., Ltd. 20161048 ...... G Allergan plc; Sosei Group Corporation; Allergan plc. 20161094 ...... G Linsalata Capital Partners Fund VI, L.P.; Eliezer Elbaz; Linsalata Capital Partners Fund VI, L.P. 20161095 ...... G Linsalata Capital Partners Fund VI, L.P.; Sol Bonan; Linsalata Capital Partners Fund VI, L.P. 20161100 ...... G Genstar Capital Partners VII, L.P.; Windjammer Senior Equity Fund III, L.P.; Genstar Capital Partners VII, L.P. 20161105 ...... G ABRY Partners VIII, L.P.; Oliver Street Dermatology Holdings, LLC; ABRY Partners VIII, L.P. 20161112 ...... Y Polaris Investment Holdings, L.P.; MPH Acquisition Holdco, L.P.; Polaris Investment Holdings, L.P. 20161114 ...... G Mitel Networks Corporation; Polycom, Inc.; Mitel Networks Corporation.

05/16/2016

20161031 ...... G State Street Corporation; General Electric Company; State Street Corporation. 20161106 ...... G Stichting Administratiekantoor Westend; Clearlake Capital Partners III, L.P.; Stichting Administratiekantoor Westend. 20161131 ...... G GI Partners Fund IV L.P.; Far Niente Wine Estates LLC; GI Partners Fund IV L.P.

05/17/2016

20160964 ...... G TransCanada Corporation; Columbia Pipeline Group, Inc.; TransCanada Corporation. 20161035 ...... G Mr. Tianqiao Chen and Ms. Chrissy Qian Qian Luo; Sotheby’s; Mr. Tianqiao Chen and Ms. Chrissy Qian Qian Luo. 20161053 ...... G The Hearst Family Trust; Complex Media, Inc.; The Hearst Family Trust. 20161054 ...... G Verizon Communications Inc.; Complex Media, Inc.; Verizon Communications Inc. 20161092 ...... G SES S.A.; O3b Networks Limited; SES S.A. 20161097 ...... G Kelso Hammer Co-Investment, L.P.; Carolyn A. Swanson; Kelso Hammer Co-Investment, L.P. 20161102 ...... G Oracle Corporation; Opower, Inc.; Oracle Corporation. 20161107 ...... G Tokyo Electric Power Company Holdings, Incorporated; JERA Co., Inc.; Tokyo Electric Power Company Holdings, In- corporated. 20161113 ...... G Marlin IV Cayman AIV, L.P.; Teradata Corporation; Marlin IV Cayman AIV, L.P. 20161125 ...... G LANXESS AG; The Chemours Company; LANXESS AG.

05/18/2016

20161108 ...... G Investindustrial V, L.P.; Investindustrial III, L.P.; Investindustrial V, L.P. 20161111 ...... G Investindustrial V, L.P.; Reichhold Cayman LP; Investindustrial V, L.P.

05/19/2016

20161068 ...... G Cardinal Health Inc.; Curaspan Health Group, Inc.; Cardinal Health Inc. 20161076 ...... G Rexnord Corporation; Industrial Growth Partners IV, L.P.; Rexnord Corporation. 20161081 ...... G Omnicom Group Inc.; Southfield BioPharm Investment, LLC; Omnicom Group Inc. 20161085 ...... G Zhuhai Hengxin Fengye Technology LLC; Lexmark International, Inc.; Zhuhai Hengxin Fengye Technology LLC. 20161109 ...... G Gildan Activewear Inc.; Ennis, Inc.; Gildan Activewear Inc.

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EARLY TERMINATIONS GRANTED—Continued 20161118 ...... G TPG Partners VI, L.P.; Endo International plc; TPG Partners VI, L.P. 20161127 ...... G Seven & i Holdings Co., Ltd.; CST Brands, Inc.; Seven & i Holdings Co., Ltd.

05/20/2016

20161103 ...... G The Veritas Capital Fund V, L.P.; Verisk Analytics, Inc.; The Veritas Capital Fund V, L.P. 20161115 ...... G Oracle Corporation; Textura Corporation; Oracle Corporation. 20161129 ...... G Stabilus S.A.; AB SKF; Stabilus S.A. 20161130 ...... G Todd L. Boehly; Eldridge Investors, LLC; Todd L. Boehly. 20161134 ...... G Genstar Capital Partners VII, L.P.; IHS Inc.; Genstar Capital Partners VII, L.P. 20161135 ...... G Vonage Holdings Corp.; Nexmo Inc.; Vonage Holdings Corp. 20161141 ...... G Hormel Foods Corporation; Justin’s, LLC; Hormel Foods Corporation. 20161142 ...... G RoundTable Healthcare Partners IV, L.P.; Symmetry Surgical Inc.; RoundTable Healthcare Partners IV, L.P. 20161144 ...... G Clayton, Dubilier & Rice Fund IX, L.P.; Kalle Luxembourg S.a.r.l.; Clayton, Dubilier & Rice Fund IX, L.P. 20161150 ...... G Sinocare Inc.; Polymer Technology Systems, Inc.; Sinocare Inc. 20161167 ...... G Nippon Steel & Sumitomo Metal Corporation; Nisshin Steel Co., Ltd.; Nippon Steel & Sumitomo Metal Corporation.

05/23/2016

20161110 ...... G Francisco Partners III (Cayman), L.P.; Brambles Limited; Francisco Partners III (Cayman), L.P. 20161140 ...... G QMP Insurance Holdings, LLC; Old National Bancorp; QMP Insurance Holdings, LLC.

05/24/2016

20161087 ...... G Energy Capital Partners III–A, LP; Sunnova Energy Corporation; Energy Capital Partners III–A, LP. 20161137 ...... G One Rock Capital Partners, LP; Chevron Corporation; One Rock Capital Partners, LP.

05/25/2016

20161088 ...... G AbbVie Inc.; Stemcentrx, Inc.; AbbVie Inc. 20161090 ...... G Brian Slingerland and Emily Paige Adams; AbbVie Inc.; Brian Slingerland and Emily Paige Adams. 20161091 ...... G Scott J. Dylla and Melodie Dylla; AbbVie Inc.; Scott J. Dylla and Melodie Dylla. 20161151 ...... G Clearlake Capital Partners IV, L.P.; Thoma Cressey Fund VIII, L.P.; Clearlake Capital Partners IV, L.P. 20161161 ...... G EQT Infrastructure II Limited Partnership; Littlejohn Fund IV, L.P.; EQT Infrastructure II Limited Partnership.

05/26/2016

20161062 ...... G Glen A. Taylor; Staples Inc.; Glen A. Taylor. 20161139 ...... G U.S. TelePacific Holdings Corp.; DSCI Holdings Corporation; U.S. TelePacific Holdings Corp.

05/27/2016

20161064 ...... G Apax VIII–B L.P.; Accenture plc; Apax VIII–B L.P. 20161072 ...... G XIO Fund I LP; S&P Global Inc.; XIO Fund I LP. 20161173 ...... G L.S. Power Equity Partners III, L.P.; NRG Energy, Inc.; L.S. Power Equity Partners III, L.P. 20161175 ...... G Michael F. Neidorff; Centene Corporation; Michael F. Neidorff. 20161177 ...... G Clayton Dubilier & Rice Fund IX, L.P.; Brynwood Partners VI L.P.; Clayton Dubilier & Rice Fund IX, L.P. 20161182 ...... G Carl C. Icahn; Allergan plc; Carl C. Icahn. 20161183 ...... G Spire Inc.; Sempra Energy; Spire Inc.

June 1, 2016 thru June 30, 2016 06/01/2016

20161155 ...... G Aon plc; Onex Partners III LP; Aon plc. 20161188 ...... G Sinochem Group; American Securities Partners VI, L.P.; Sinochem Group. 20161189 ...... G Olympus Growth Fund VI, L.P.; Road Infrastructure Investment Holdings, Inc.; Olympus Growth Fund VI, L.P. 20161198 ...... G FS Equity Partners VII, L.P.; Audax Private Equity Fund III, L.P.; FS Equity Partners VII, L.P.

06/02/2016

20161063 ...... G Hainan Cihang Charitable Foundation; Ingram Micro Inc.; Hainan Cihang Charitable Foundation. 20161096 ...... G Great Hill Equity Partners V, L.P.; EvolveIP Holdings, LLC; Great Hill Equity Partners V, L.P. 20161126 ...... G Ironwood Pharmaceuticals, Inc.; AstraZeneca PLC; Ironwood Pharmaceuticals, Inc. 20161203 ...... G Energizer Holdings, Inc.; Trivest Fund V, L.P.; Energizer Holdings, Inc.

06/03/2016

20161146 ...... G Hitachi, Ltd.; Jeffrey D. Cowan; Hitachi, Ltd. 20161147 ...... G Hitachi, Ltd.; Gregory E. Larson; Hitachi, Ltd. 20161185 ...... G BDCM Opportunity Fund IV, L.P.; Investindustrial V, L.P.; BDCM Opportunity Fund IV, L.P. 20161197 ...... G Thomas Jefferson University; Rothman Specialty Hospital Investment, LLC; Thomas Jefferson University.

06/06/2016

20161156 ...... G Global Eagle Entertainment Inc.; ABRY Partners VII, L.P.; Global Eagle Entertainment Inc.

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EARLY TERMINATIONS GRANTED—Continued 20161164 ...... G Mylan N.V.; RoundTable Healthcare Partners III, L.P.; Mylan N.V. 20161174 ...... G Corvex Master Fund LP; Pandora Media, Inc.; Corvex Master Fund LP. 20161201 ...... G General Atlantic Partners (Bermuda) III, L.P.; Argus Media Limited; General Atlantic Partners (Bermuda) III, L.P. 20161204 ...... G Dr. Guanqiu Lu; The Superior Fund, L.P.; Dr. Guanqiu Lu. 20161209 ...... G TransDigm Group Incorporated; Mr. Clifford Lane; TransDigm Group Incorporated. 20161210 ...... G Magellan Health, Inc.; Armed Forces Services Corporation; Magellan Health, Inc. 20161211 ...... G Snow Phipps II AIV, L.P.; BVIP Fund VIII, L.P.; Snow Phipps II AIV, L.P. 20161213 ...... G Melinda K. Holman; Gregory A. Goodwin; Melinda K. Holman. 20161214 ...... G California Credit Union; North Island Financial Credit Union; California Credit Union. 20161225 ...... G HNVR Jerseyco Limited; TUI AG; HNVR Jerseyco Limited. 20161226 ...... G Pfizer Inc.; Anacor Pharmaceuticals, Inc.; Pfizer Inc. 20161232 ...... G Permira V L.P. 2; Yoshimune Noda; Permira V L.P. 2. 20161236 ...... G Carlisle Companies Incorporated; A. Bruce Mainwaring; Carlisle Companies Incorporated. 20161244 ...... G Madison Dearborn Capital Partners VII–A, L.P.; PHW Equity Investors, L.P.; Madison Dearborn Capital Partners VII– A, L.P.

06/07/2016

20161170 ...... G OSI Group, LLC; Creo Capital Partners, LP; OSI Group, LLC. 20161239 ...... G New Mountain Partners IV, L.P.; PG–ACP Holdings, L.P.; New Mountain Partners IV, L.P.

06/10/2016

20161171 ...... G Elliott Associates, L.P.; Mitel Networks Corporation; Elliott Associates, L.P. 20161248 ...... G The Goldman Sachs Group Inc.; Mosley Holdings, Inc.; The Goldman Sachs Group Inc. 20161252 ...... G Total S.A.; Saft Groupe S.A.; Total S.A. 20161254 ...... G Softbank Group Corp.; Genie Global, Inc.; Softbank Group Corp. 20161255 ...... G Softbank Group Corp.; The Kroger Co.; Softbank Group Corp. 20161258 ...... G DeVry Education Group Inc.; Alert Global Media Holdings, LLC; DeVry Education Group Inc. 20161262 ...... G Genstar Capital Partners VI, L.P.; FactSet Research Systems Inc.; Genstar Capital Partners VI, L.P.

06/13/2016

20161168 ...... G Valline S.r.l.; The Medicines Company; Valline S.r.l. 20161260 ...... G ANRP II (AIV P), L.P.; Dale Brown; ANRP II (AIV P), L.P. 20161261 ...... G ANRP II (AIV P), L.P.; Cary Brown; ANRP II (AIV P), L.P. 20161263 ...... G Dental Service of Massachusetts, Inc.; Advantage Consolidated, LLC; Dental Service of Massachusetts, Inc.

06/14/2016

20160562 ...... G GTCR Fund X/A AIV LP; UBM plc; GTCR Fund X/A AIV LP. 20161163 ...... G BVIP Fund VIII, L.P.; Keith A. Stinson; BVIP Fund VIII, L.P. 20161165 ...... G BVIP Fund VIII, L.P.; Glenn F. Stinson; BVIP Fund VIII, L.P. 20161196 ...... G Nanya Technology Corporation; Micron Technology, Inc.; Nanya Technology Corporation. 20161217 ...... G Agnaten SE; Krispy Kreme Doughnuts, Inc.; Agnaten SE. 20161257 ...... G KBR, Inc.; Wyle Inc.; KBR, Inc. 20161259 ...... G BDCM Opportunity Fund III, L.P.; Investindustrial V L.P.; BDCM Opportunity Fund III, L.P. 20161269 ...... G C–III Partners LLC; Resource America, Inc.; C–III Partners LLC.

06/15/2016

20161229 ...... G AT&T Inc.; MDCP VI–A Global Investments LP; AT&T Inc.

06/16/2016

20161186 ...... G Sequential Brands Group, Inc.; Jirka Rysavy; Sequential Brands Group, Inc. 20161218 ...... G Providence Equity Partners VII OEConnection L.P.; Ford Motor Company; Providence Equity Partners VII OEConnection L.P. 20161219 ...... G Providence Equity Partners VII OEConnection L.P.; General Motors Company; Providence Equity Partners VII OEConnection L.P.

06/17/2016

20160092 ...... G Heidelberg Cement AG; Italcementi S.p.A.; Heidelberg Cement AG. 20161190 ...... G Energy Transfer Equity, L.P.; DCP Midstream Partners, LP; Energy Transfer Equity, L.P. 20161267 ...... G Stichting Administratiekantoor Westend; Thrive Market, Inc.; Stichting Administratiekantoor Westend. 20161271 ...... G Range Resources Corporation; Memorial Resource Development Corp.; Range Resources Corporation. 20161273 ...... G Newco; Frazier Healthcare (Cayman) VI, L.P.; Newco. 20161274 ...... G Interogo Foundation; Stichting Ingka Foundation; Interogo Foundation. 20161276 ...... G Francisco Partners IV, L.P.; Sanjeev Malaney; Francisco Partners IV, L.P. 20161277 ...... G Cargill Incorporated; Five Star Custom Foods, Ltd.; Cargill Incorporated. 20161281 ...... G PAI Europe VI–1 FCPI; EQT VI (No.1) Limited Partnership; PAI Europe VI–1 FCPI. 20161283 ...... G Border States Industries, Inc.; William E. DeLoache, III; Border States Industries, Inc. 20161287 ...... G salesforce.com, inc.; Demandware, Inc.; salesforce.com, inc. 20161292 ...... G Shiseido Company, Limited; Richard M. DeVos; Shiseido Company, Limited.

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EARLY TERMINATIONS GRANTED—Continued 20161293 ...... G Shiseido Company, Limited; Voting Shares Trust; Shiseido Company, Limited. 20161299 ...... G FS Equity Partners VII, L.P.; Roark Capital Partners, LP; FS Equity Partners VII, L.P. 20161306 ...... G Telhio Credit Union, Inc.; Chaco Credit Union, Inc.; Telhio Credit Union, Inc.

06/20/2016

20161181 ...... G Comcast Corporation; Jeffrey Katzenberg; Comcast Corporation. 20161246 ...... G MTY Food Group Inc.; Sam and Clara Serruya; MTY Food Group Inc. 20161291 ...... G Clayton Dubilier & Rice Fund IX, L.P.; White Mountains Insurance Group Ltd.; Clayton Dubilier & Rice Fund IX, L.P.

06/21/2016

20161265 ...... G Clayton, Dubilier & Rice Fund IX, L.P.; Lineage Investments, Inc.; Clayton, Dubilier & Rice Fund IX, L.P. 20161282 ...... G Bain Capital Fund XI, L.P.; Navicure, Inc.; Bain Capital Fund XI, L.P. 20161296 ...... G FREIF II Bravo AIV L.P.; Plains All American Pipeline, L.P.; FREIF II Bravo AIV L.P. 20161297 ...... G General Electric Company; Plains All American Pipeline, L.P.; General Electric Company.

06/22/2016

20161215 ...... G Starboard Value and Opportunity Fund Ltd.; Staples, Inc.; Starboard Value and Opportunity Fund Ltd. 20161253 ...... G NICE Systems, Ltd.; inContact, Inc.; NICE Systems, Ltd. 20161264 ...... G Thoma Bravo Discover Fund, L.P.; TA XI L.P.; Thoma Bravo Discover Fund, L.P. 20161266 ...... G Golden Gate Capital Opportunity Fund LP; Paul A. Nazzaro; Golden Gate Capital Opportunity Fund LP. 20161272 ...... G Thoma Bravo Discover Fund, L.P.; Elemica, Inc.; Thoma Bravo Discover Fund, L.P. 20161284 ...... G Vista Equity Partners Fund VI, L.P.; Marketo, Inc.; Vista Equity Partners Fund VI, L.P. 20161288 ...... G Vista Equity Partners Fund VI, L.P.; Ping Identity Corporation; Vista Equity Partners Fund VI, L.P. 20161295 ...... G Accel-KKR Capital Partners V, LP; SciQuest, Inc.; Accel-KKR Capital Partners V, LP.

06/23/2016

20161300 ...... G Platinum Equity Capital Partners III, L.P.; Electro Rent Corporation; Platinum Equity Capital Partners III, L.P. 20161301 ...... G PPG Industries, Inc.; Platinum Equity Capital Partners III, L.P.; PPG Industries, Inc.

06/24/2016

20161249 ...... G Pamlico Capital III, L.P.; Kenneth A. Barnett; Pamlico Capital III, L.P. 20161302 ...... G Thermo Fisher Scientific Inc.; FEI Company; Thermo Fisher Scientific Inc. 20161304 ...... G Zimmer Biomet Holdings, Inc.; LDR Holding Corporation; Zimmer Biomet Holdings, Inc. 20161307 ...... G Veolia Environnement S.A.; The Chemours Company; Veolia Environnement S.A. 20161308 ...... G Platinum Equity Capital Partners III, L.P.; ConAgra Foods, Inc.; Platinum Equity Capital Partners III, L.P. 20161317 ...... G The Resolute Fund III, L.P.; PA–LLC Holdings, LLC; The Resolute Fund III, L.P. 20161318 ...... Y Wind Point Partners VIII–A, L.P.; LongueVue Capital Partners II, LP; Wind Point Partners VIII–A, L.P. 20161319 ...... G The Resolute Fund III, L.P.; Yaron Rosenthal; The Resolute Fund III, L.P. 20161323 ...... G FMC Technologies, Inc.; Technip S.A.; FMC Technologies, Inc. 20161324 ...... G Technip S.A.; FMC Technologies, Inc.; Technip S.A. 20161328 ...... G Olympus Growth Fund VI, L.P.; AmSpec Holding Corp; Olympus Growth Fund VI, L.P. 20161329 ...... G Deutsche Telekom AG; AT&T Inc.; Deutsche Telekom AG. 20161330 ...... G Symrise AG; Timothy J. Gamble; Symrise AG. 20161331 ...... G Riverstone Global Energy and Power Fund V (FT), L.P.; Talen Energy Corporation; Riverstone Global Energy and Power Fund V (FT), L.P.

06/27/2016

20161313 ...... G Dr. h.c. Friede Springer; eMarketer, Inc.; Dr. h.c. Friede Springer.

06/28/2016

20161314 ...... G Hardwoods Distribution Inc.; David Hughes; Hardwoods Distribution Inc. 20161338 ...... G SCI Associates LLC; Platinum Equity Capital Partners II; SCI Associates LLC.

06/29/2016

20161316 ...... G Project Alpha Holding, LLC; Qlik Technologies Inc.; Project Alpha Holding, LLC. 20161325 ...... G GTCR Fund XI/B LP; Serent Capital, L.P.; GTCR Fund XI/B LP.

06/30/2016

20161132 ...... G Berkshire Hathaway Inc.; Shultz Steel Company; Berkshire Hathaway Inc. 20161270 ...... G Mednax, Inc.; Cardon Healthcare Holdings, LLC; Mednax, Inc. 20161280 ...... G Sierra Private Investments L.P.; Xura, Inc.; Sierra Private Investments L.P. 20161315 ...... G Open Text Corporation; Recommind, Inc.; Open Text Corporation. 20161320 ...... G World Fuel Services Corporation; Associated Petroleum Products, Inc.; World Fuel Services Corporation. 20161326 ...... G Roark Capital Partners III LP; Roark Capital Partners II AIV AG, LP; Roark Capital Partners III LP. 20161327 ...... G Roark Capital Partners II AIV AG, LP; Roark Capital Partners III LP; Roark Capital Partners II AIV AG, LP. 20161345 ...... G Old Mutual plc; LMRK Intermediary, Inc.; Old Mutual plc.

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EARLY TERMINATIONS GRANTED—Continued July 1, 2016 thru July 31, 2016 07/01/2016

20161279 ...... G General Atlantic Partners 93, L.P.; TA XI L.P.; General Atlantic Partners 93, L.P. 20161336 ...... G Shire plc; Pfizer Inc.; Shire plc. 20161348 ...... G Par Pacific Holdings, Inc.; Black Elk Refining, LLC; Par Pacific Holdings, Inc. 20161355 ...... G Terumo Corporation; Sequent Medical, Inc.; Terumo Corporation. 20161361 ...... G Hainan Cihang Charitable Foundation; gategroup Holding AG; Hainan Cihang Charitable Foundation. 20161362 ...... G Oaktree Power Opportunities Fund IV, L.P.; Ronald P. Corio; Oaktree Power Opportunities Fund IV, L.P.

07/06/2016

20161278 ...... G Ares Capital Corporation; American Capital, Ltd.; Ares Capital Corporation. 20161349 ...... G Genstar Capital Partners VI, L.P.; William W. McNeal, Jr.; Genstar Capital Partners VI, L.P. 20161352 ...... G Pirlo Energy Holdings, LLC; WDE Partners, LP; Pirlo Energy Holdings, LLC. 20161373 ...... G Audax Private Equity Fund V–A, L.P.; Chesapeake Urology Associated, P.A.; Audax Private Equity Fund V–A, L.P.

07/07/2016

20161351 ...... G Genstar Capital Partners VI, L.P.; Joseph M. Abbott; Genstar Capital Partners VI, L.P. 20161366 ...... G Douglas Dynamics, Inc.; Peter Paul Dejana Family Trust dated 12/31/98; Douglas Dynamics, Inc. 20161374 ...... G Randstad Holding nv; Ausy S.A.; Randstad Holding nv.

07/08/2016

20161098 ...... G RELX PLC; Alert Holding Company, Inc.; RELX PLC. 20161099 ...... G RELX NV; Alert Holding Company, Inc.; RELX NV. 20161157 ...... G TiVo Inc.; Rovi Corporation; TiVo Inc. 20161158 ...... G Rovi Corporation; TiVo Inc.; Rovi Corporation. 20161363 ...... G Hamilton Lane Co-Investment Fund II L.P.; Kelly Julius; Hamilton Lane Co-Investment Fund II L.P. 20161372 ...... G Gryphon Partners IV, L.P.; Lawler Foods, Inc.; Gryphon Partners IV, L.P.

07/11/2016

20161368 ...... G BioScrip, Inc.; KRG Capital Fund IV, L.P.; BioScrip, Inc. 20161369 ...... G UnitedHealth Group, Incorporated; Riverside Pediatric Group, P.C.; UnitedHealth Group, Incorporated. 20161387 ...... G Audax Private Equity Fund V–A, L.P.; AEA Investors 2006 Fund L.P.; Audax Private Equity Fund V–A, L.P. 20161392 ...... G Contura Energy, Inc.; Alpha Natural Resources, Inc.; Contura Energy, Inc. 20161397 ...... G Sentinel Capital Partners V, L.P.; Levine Leichtman Capital Partners IV, L.P.; Sentinel Capital Partners V, L.P. 20161401 ...... G Dentsu Inc.; Pegasus Partners IV, L.P.; Dentsu Inc.

07/13/2016

20161395 ...... G Ronald O. Perelman; Elizabeth Arden, Inc.; Ronald O. Perelman. 20161396 ...... G MIP III (ECI) AIV, L.P.; Deutsche Bank AG; MIP III (ECI) AIV, L.P. 20161402 ...... G Steel Dynamics, Inc.; William David Upton, Jr.; Steel Dynamics, Inc. 20161405 ...... G Carlyle Europe Partners IV, L.P.; Logoplaste Invest S.A.; Carlyle Europe Partners IV, L.P. 20161406 ...... G NextEra Energy, Inc.; USPF III Leveraged Feeder, L.P.; NextEra Energy, Inc. 20161407 ...... G BASF SE; Albemarle Corporation; BASF SE. 20161408 ...... G Vedipar S.A.; JF Hillebrand Group AG; Vedipar S.A. 20161420 ...... G Melrose Industries PLC; Nortek, Inc.; Melrose Industries PLC.

07/14/2016

20161334 ...... G The Hearst Family Trust; MedHOK Holdco, Inc.; The Hearst Family Trust. 20161398 ...... G Bio-Techne Corporation; Advanced Cell Diagnostics, Inc.; Bio-Techne Corporation. 20161403 ...... G Kelso Investment Associates IX, L.P.; Tenex Capital Partners, L.P.; Kelso Investment Associates IX, L.P.

07/15/2016

20160408 ...... G Tullett Prebon plc; ICAP Newco c/o ICAP plc; Tullett Prebon plc. 20161416 ...... G Kion Group AG; DH Services Luxembourg Holding S.a.r.l.; Kion Group AG. 20161417 ...... G American Securities Partners VII, L.P.; Canada Pension Plan Investment Board; American Securities Partners VII, L.P. 20161419 ...... G KKR North America Fund XI, L.P.; RES Holding Company, LLC; KKR North America Fund XI, L.P. 20161421 ...... G Packaging Corporation of America; Tim-Bar Corporation; Packaging Corporation of America. 20161426 ...... G Datwyler Fuhrungs AG; Premier Farnell plc; Datwyler Fuhrungs AG. 20161434 ...... G Kelso Investment Associates IX, L.P.; Pamlico Capital II, L.P.; Kelso Investment Associates IX, L.P. 20161435 ...... G Andrew Fathollahi; Skullcandy, Inc.; Andrew Fathollahi.

07/18/2016

20161381 ...... G Tencent Holdings Limited; Softbank Corp.; Tencent Holdings Limited. 20161412 ...... G OnShore SPV; NXP Semiconductors N.V.; OnShore SPV.

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EARLY TERMINATIONS GRANTED—Continued 20161427 ...... G Summertime Holding Corp.; Enservio, Inc.; Summertime Holding Corp.

07/19/2016

20161376 ...... G Reyes Holdings, L.L.C.; The Coca-Cola Company; Reyes Holdings, L.L.C. 20161428 ...... G Axalta Coating Systems Ltd.; Dr. Myung K. Hong and Lorrie Y. Hong; Axalta Coating Systems Ltd. 20161429 ...... G Appointive Distributing Trust A c/u SC Johnson ’88 Trust # 1; Baby Holdings, LLC; Appointive Distributing Trust A c/u SC Johnson ’88 Trust # 1. 20161445 ...... G Synnex Corporation; Mr. Sameer Chawla; Synnex Corporation. 20161446 ...... G Gannett Co., Inc.; ReachLocal, Inc.; Gannett Co., Inc.

07/20/2016

20161194 ...... G H.I.G. Middle Market LBO Fund II, L.P.; Centric Group, L.L.C.; H.I.G. Middle Market LBO Fund II, L.P. 20161357 ...... G Symantec Corporation; Bain Capital Fund XI, L.P.; Symantec Corporation. 20161391 ...... G GameStop Corp.; David C. Shanks; GameStop Corp.

07/22/2016

20151293 ...... G Koninklijke Ahold N.V.; Delhaize Group NV/SA; Koninklijke Ahold N.V. 20161364 ...... G Verizon Communications Inc.; Telogis, Inc.; Verizon Communications Inc. 20161390 ...... G Aramark; National Purchasing Corporation; Aramark. 20161399 ...... G Orion US Holdings 1 L.P.; SunEdison, Inc.; Orion US Holdings 1 L.P. 20161444 ...... G MRO Holdings Inc.; MCP I (FAS), LP; MRO Holdings Inc. 20161448 ...... G Onex Partners IV LP; Paine & Partners Capital Fund III, LP; Onex Partners IV LP. 20161454 ...... G Johann F. Graf; Leonard H. Ainsworth; Johann F. Graf. 20161459 ...... G The Resolute Fund II, L.P.; ICV Partners II, L.P.; The Resolute Fund II, L.P. 20161464 ...... G Delta Galil Industries Ltd.; V.F. Corporation; Delta Galil Industries Ltd. 20161465 ...... G Odyssey Investment Partners Fund V, L.P.; W.R. Berkley Corporation; Odyssey Investment Partners Fund V, L.P.

07/25/2016

20161437 ...... G Warburg Pincus Private Equity XI, L.P.; Dude Solutions Holdings, Inc.; Warburg Pincus Private Equity XI, L.P. 20161442 ...... G Energy Spectrum Partners VII L.P.; Resolute Energy Corporation; Energy Spectrum Partners VII L.P.

07/26/2016

20161394 ...... G Genstar Capital Partners VII, L.P.; Odyssey Investment Partners Fund IV, L.P.; Genstar Capital Partners VII, L.P. 20161413 ...... G TEGNA Inc.; Great Hill Equity Partners IV, LP; TEGNA Inc. 20161450 ...... G Francisco Partners IV, L.P.; Michael S. Dell; Francisco Partners IV, L.P.

07/27/2016

20151659 ...... G Teva Pharmaceutical Industries Ltd.; Allergan plc; Teva Pharmaceutical Industries Ltd. 20160818 ...... G Mylan N.V.; Meda AB; Mylan N.V. 20161487 ...... G Honeywell International Inc.; Permira IV Continuing L.P. 2; Honeywell International Inc. 20161493 ...... G Charlesbank Equity Fund VIII, Limited Partnership; Polyconcept Limited; Charlesbank Equity Fund VIII, Limited Part- nership.

07/28/2016

20161447 ...... G National General Holdings Corp.; Elara Holdings, Inc.; National General Holdings Corp.

07/29/2016

20160580 ...... G Bain Capital Fund XI, L.P.; American Trailer Works, Inc.; Bain Capital Fund XI, L.P. 20161415 ...... G FR XII Charlie AIV, L.P.; Cotton Creek Capital Partners II, L.P.; FR XII Charlie AIV, L.P. 20161418 ...... G H.I.G. Capital Partners V, L.P.; Patrick J. Kavanaugh; H.I.G. Capital Partners V, L.P. 20161474 ...... G Hapag-Lloyd AG; United Arab Shipping Company S.A.G.; Hapag-Lloyd AG. 20161481 ...... G Smith & Wesson Holding Corporation; Stewart A. Taylor and Sheila G. Taylor; Smith & Wesson Holding Corporation. 20161483 ...... G Kaapa Ethanol Holdings, LLC; Abengoa Bioenergy of Nebraska, LLC; Kaapa Ethanol Holdings, LLC. 20161489 ...... G Gores Holdings, Inc.; Hostess Holdings, L.P.; Gores Holdings, Inc. 20161490 ...... G TPG Partners VII, LP; RoundTable Healthcare Partners II, L.P.; TPG Partners VII, LP. 20161495 ...... G Matson, Inc.; Evergreen Pacific Partners II, L.P.; Matson, Inc. 20161497 ...... G Thoma Bravo Fund XII, L.P.; Imprivata, Inc.; Thoma Bravo Fund XII, L.P. 20161500 ...... G Royal Dutch Shell plc; Explorer Pipeline Company; Royal Dutch Shell plc. 20161509 ...... G Monotype Imaging Holdings, Inc.; Olapic, Inc.; Monotype Imaging Holdings, Inc. 20161512 ...... G Massachusetts Mutual Life Insurance Company; Ares Commercial Real Estate Corporation; Massachusetts Mutual Life Insurance Company.

For Further Information Contact: Specialist, Federal Trade Commission Competition, Room CC–5301, Theresa Kingsberry Program Support Premerger Notification Office Bureau of Washington, DC 20024, (202) 326–3100.

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By direction of the Commission. how to achieve these improvements in misunderstanding about risk, create Donald S. Clark, primary care settings. fissures among members of the clinical Secretary. Patient and Family Engagement (PFE) care team, and result in lack of trust [FR Doc. 2016–18915 Filed 8–9–16; 8:45 am] strategies for acute care settings include, between patients and providers. among others: Patient and family BILLING CODE 6750–01–P With these insights as a basis, three advisory committees; membership on precepts undergird our approach to patient safety oversight bodies at both development for the Guide. The Guide operations and governance levels; DEPARTMENT OF HEALTH AND interventions must yield: consultation in the development of D Meaningful relationship-based HUMAN SERVICES patient information material; engaging engagement for patients and families Agency for Healthcare Research and patients in process improvement or and primary care providers. Quality redesign projects; rounding with D Innovation and enabling patients and families; patient and family technologies to support engagement, Agency Information Collection participation in clinical education shared decision making and patient Activities: Proposed Collection; programs, and welcoming patients and safety. Comment Request families to work alongside providers D Workable processes yielding and health systems employees on sustainable engagement opportunities AGENCY: Agency for Healthcare Research transparency, culture change and high for patients, families, providers, and and Quality, HHS. reliability organization initiatives. practice staff. ACTION: Notice. Although the field of PFE in patient The Guide will be principally (but not safety for hospitals and health systems exclusively) meeting the needs of SUMMARY: This notice announces the is maturing, leveraging PFE to improve practices that have not already intention of the Agency for Healthcare patient safety in non-acute settings is in implemented effective PFE structures or Research and Quality (AHRQ) to request its infancy. Building sustainable processes. An environmental scan that the Office of Management and processes and practice-based revealed several promising Budget (OMB) approve the proposed infrastructure are crucial to improving interventions for consideration for information collection project: ‘‘Agency patient safety through patient and inclusion in the Guide. The four for Healthcare Research and Quality’s family engagement in primary care. interventions selected as part of the (AHRQ) Guide To Improving Patient In response to the limited guidance Guide include: Safety in Primary Care Settings by available for primary care practices to D Teach-back. Engaging Patients and Families— improve safety through patient and D Be Prepared to Be Engaged. Evaluation.’’ In accordance with the family engagement, the AHRQ has D Medication Management. Paperwork Reduction Act, 44 U.S.C. funded the development of a Guide To D Warm Handoff. 3501–3521, AHRQ invites the public to Improving Patient Safety in Primary The interventions will be compiled comment on this proposed information Care Settings by Engaging Patients and into the Guide for adoption by primary collection. Families (hereafter referred to as the care practices. The environmental scan DATES: Comments on this notice must be Guide). This comprehensive Guide will also yielded several important received by October 11, 2016. provide primary care practices with implications for Guide development ADDRESSES: Written comments should interventions that they can use to including: be submitted to: Doris Lefkowitz, engage patients and families in ways D Engagement efforts in primary care Reports Clearance Officer, AHRQ, by that lead to improved patient safety. It to date have focused on the patient as email at [email protected]. will include explicit instructions to help the agent of change with limited Copies of the proposed collection primary care practices, providers, and guidance to providers on how to plans, data collection instruments, and patients and families adopt new support patients in these efforts. specific details on the estimated burden behaviors. The Guide and its D Many interventions are focused can be obtained from the AHRQ Reports development are prefaced on several heavily on educational efforts alone, Clearance Officer. key insights relevant to primary care either for the patient, the provider, or FOR FURTHER INFORMATION CONTACT: including: the practice. Doris Lefkowitz, AHRQ Reports D Active engagement requires D Few of the tools and interventions Clearance Officer, (301) 427–1477, or by organizational commitment to hearing identified are immediately usable email at [email protected]. the patient and family voice and action without the need for additional development or enabling materials to SUPPLEMENTARY INFORMATION: by leadership to include them as central members of the health care team. support sustainable adoption. Proposed Project D Patients and families expect and D Health equity and literacy increasingly demand meaningful considerations are limited. Tools for Agency for Healthcare Research and patients are often at a relatively high Quality’s (AHRQ) Guide To Improving engagement in harm prevention efforts. D Institutional courage is required to level of literacy, and/or health literacy Patient Safety in Primary Care Settings openly share patient safety is required for use. by Engaging Patients and Families— vulnerabilities and proactively engage D Current interventions, tools, and Evaluation patients in developing solutions that toolkits have a high level of complexity There is a substantial evidence base prevent harm. that may impede adoption. showing that engaging patients and D Supportive infrastructure is needed Existing evidence-based interventions families in their care can lead to to hardwire PFE into all facets of care are being refined to reduce complexity improvements in patient safety. Since delivery across the care continuum. and enhance the opportunity for the 1999 release of To Err is Human, D When done well, patient implementation. Implementation there has been an undeniable focus on engagement yields important and development activities are currently improving patient safety and measurable results. When not done underway. Field testing of the Guide eliminating patient harm within acute well, PFE activities may disenfranchise will evaluate the implementation care. What is not as well documented is patients, contribute to challenges faced by primary care

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practices whereby offering an Method of Collection implementing patient safety opportunity to revise the Guide To achieve the goals of the project, the improvements); (ii) description of the materials for optimal implementation following data collections will be patient safety culture of the primary success prior to widespread implemented during the Field Testing care practice (e.g., teamwork, dissemination. evaluation: communication, patient safety culture, The Guide will be made publicly 1. Baseline Practice Assessment of etc.,); (iii) perceptions of patient and accessible through the AHRQ Web site Primary Care Practices. This pen and family engagement within the practice; for easy referral, access, and use by paper survey will be administered to the (iv) perceptions of change management other health care professionals and 12 primary care practice champions strategies, challenges, and barriers (e.g., primary care practices. AHRQ immediately following the recruitment leadership support, competing recognizes the importance of ensuring as part of the Guide Field Test and prior initiatives, other production pressures); that the Guide will be useful and to commencing implementation of the (v) capacity for ongoing internal feasible to implement and ultimately Guide. Information collected includes: measurement and assessment of the able to improve patient safety by (i) Practice name and location (e.g., city intervention. This process will also engaging patients and families. Thus, and State); (ii) non-identifying solicit general information the interviewee would like to share about the purpose of the Field Testing demographic information about the the practice’s readiness to implement evaluation is to gain insight on the practice (e.g., number of clinicians by the Guide strategies. implementation challenges identified by type, number of patients served by the the twelve primary care practices field 4. Post-Implementation Interviews of practice, payer mix of patients served by Primary Care Clinicians. Information testing the Guide. The Guide materials practice, race and ethnicity of patients will be revised in an effort to overcome from primary care clinicians (e.g., served by practice); (iii) general physicians, nurses, nurse practitioners, these implementation challenges prior descriptive information on the practice’s to broad dissemination. social workers, etc.) on their experience with patient safety and experiences with the Guide and its The specific goals of the proposed quality improvement activities (e.g., interventions will be solicited twice Guide field testing evaluation are to current experience with Guide during the Field test—once at 3-months examine the following: interventions, patient safety culture and again at 6-months post- D The feasibility of implementing a routinely measured); (iv) information implementation of the Guide. Interviews minimum of two of the four Guide related to the practice’s affiliation with with two or three primary care interventions within 12 medium or large larger health system; and (v) clinicians per practice will be primary care practices. information related to any competing conducted during Field Testing to D The challenges to implementing the priorities or practice improvement solicit feedback on their experiences interventions at the patient, clinician, initiatives (e.g., patient centered with the Guide materials. Information practice staff, and practice level. medical home designation, etc.). collected will include: (i) Perceptions D The uptake and confidence among 2. Post-Implementation Focus Groups on patient safety in primary care primary care practices to improve for Patients and Families. Information practices; (ii) perceptions of patient and patient safety through patient and from patients on their experiences with family engagement in primary care family engagement. the Guide and its interventions will be practices; (iii) feedback from the solicited twice during the Field test— D How the implementation of two of clinician perspective on the Guide once at 3-months and again at 6-months the four Guide interventions changes materials and their general use; (iv) post-implementation of the Guide. Each the perception of patient safety among feasibility of adopting the intervention patient and family focus group will aim patients, clinicians, and practice staff. materials in practice; (v) feedback on the to recruit between six to eight D How the implementation of two of clinicians’ experiences of the Guide and participants and solicit feedback from its relation to patient safety. the four Guide interventions changes patients and family members on their the perception of patient and family 5. Post-Implementation Focus Groups experiences with the Guide materials. for Practice Staff Members. Information engagement among patients, clinicians, Information collected will include: (i) and practice staff. from practice staff members (e.g., Perceptions of patient safety in primary practice administrators, medical D Whether primary care practices will care practices; (ii) perceptions of patient assistants, schedulers, practice continue to use the Guide (or its and family engagement in primary care facilitators, other non-clinical staff, etc.) interventions) beyond the period of field practices; (iii) feedback from the patient on their experiences with the Guide and testing and evaluation (i.e. examine perspective on the Guide materials and its interventions will be solicited twice sustainability). their general use; (iv) feasibility of during the Field test—once at 3-months D What changes patients, clinicians, adopting the patient and family focused and again at 6-months post- and practice staff would recommend to intervention materials in practice; (v) implementation of the Guide. Focus the interventions and the Guide to feedback on the patient and family groups with between six to eight enhance sustainability. experiences of the Guide and its relation primary care practice staff will be This study is being conducted by to patient safety. conducted in each practice during Field AHRQ through its contractor, MedStar, 3. Baseline Practice Readiness Testing to solicit feedback on their pursuant to AHRQ’s statutory authority Assessment. Information from primary experiences with the Guide materials. to conduct and support research on care practices about their readiness to Information collected will include: (i) health care and on systems for the adopt patient and family engagement Perceptions on patient safety in primary delivery of such care, including strategies will be solicited through care practices; (ii) perceptions of patient activities with respect to the quality, telephone interviews with practice staff and family engagement in primary care effectiveness, efficiency, champions. Information collected will practices; (iii) feedback from the appropriateness and value of health care include: (i) Descriptive information on practice staff perspective on the Guide services and with respect to quality the person completing the interview materials and their general use; (iv) measurement and improvement. 42 (e.g., position in the practice, length of feasibility of adopting the intervention U.S.C. 299a(a)(1) and (2). employment, experience in materials in practice; (v) feedback on the

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practice staff’s experiences of the Guide sustainability, and to answer the separate rounds of focus groups and and its relation to patient safety. question ‘‘How and in what contexts do interviews conducted 3 months and 6 6. Monthly Telephone Interviews the chosen interventions work or can months after Guide implementation. with Practice Champions. This survey they be amended to work’’, rather than Baseline assessments will be conducted will be completed over the phone on a ‘‘Do they work?’’ Testing will occur at on paper via phone consultation monthly basis with the practice up to 12 primary care sites and between the Contractor and the local champions from the twelve primary care feasibility will be assessed at the practice champion and will take practices engaged in the Field Testing of patient, provider, and practice levels. between 30 to 60 minutes. Patient focus the Guide. Information collected will The Guide will be revised based on groups will be conducted at the 3- and include: (i) Current progress towards these findings. 6-month evaluation periods; each implementation of the intervention(s); lasting between 60 to 90 minutes. (ii) movement towards target goals set in Estimated Annual Respondent Burden the prior meeting; (iii) barriers to Exhibit 1 shows the estimated Practice staff focus groups will be implementation; (iv) facilitators of annualized burden hours for the conducted during each of the site visits, implementation; (v) perceived impact respondents’ time to participate in this conducted outside regular practice on patient safety; (vi) perceived impact evaluation of the Guide during field hours, and last between 60–90 minutes. on patient and family engagement; (vii) testing. Two formative evaluations will Primary care clinician interviews will plans for the coming weeks/months. be conducted during field testing in last approximately 45 minutes. We The Guide will be tested to evaluate twelve primary care practices in at least estimate that approximately 12 the feasibility of adopting it in primary two geographic regions of the United individuals will participate in the care practices. A mixed-methods States. Evaluation efforts will include monthly telephone interviews over the approach will be used to identify collection of baseline practice level data 9-month implementation and evaluation barriers and facilitators to uptake and prior to Guide implementation and two period.

EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS

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

Baseline Practice Assessment ...... 12 1 1 12 Post-Implementation Focus Group for Patients and Family Members ...... 72 2 1.5 216 Interview Guide—Baseline Practice Readiness ...... 12 1 .75 9 Post-Implementation Interview Protocol—Providers ...... 24 2 .75 36 Post-Implementation Focus Group Protocol—Practice Staff ...... 72 2 1.5 216 Topic guide for Telephone Protocol—Guide Practice Champions ...... 12 6 .5 36

Total ...... 204 NA NA 525

Exhibit 2 shows the estimated project. The total cost burden is annualized cost burden based on the estimated to be $18,629.16. respondents’ time to participate in this

EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN

Average Form name Number of Total hourly wage Total cost respondents burden hours rate * burden

Baseline Practice Assessment ...... 12 12 a 37.40 448.80 Post-Implementation Focus Group for Patients and Family Members ...... 72 216 c 23.23 5,017.68 Interview Guide—Baseline Practice Readiness ...... 12 9 a 37.40 336.60 Post-Implementation Interview Protocol—Providers ...... 24 36 b 94.48 3,401.28 Post-Implementation Focus Group Protocol—Practice Staff ...... 72 216 a 37.40 8,078.40 Topic guide for Telephone Protocol—Guide Practice Champions ...... 12 36 a 37.40 1,346.40

Total ...... 204 525 ...... 18,629.16 * National Compensation Survey: Occupational wages in the United States May 2015, ‘‘U.S. Department of Labor, Bureau of Labor Statistics.’’ http://www.bls.gov/oes/current/oes_nat.htm. a Based on the mean wages for Miscellaneous Health care Worker (Code 29–9090). b Based on the mean wages for Internists, General (Code 29–1063). c Based on the mean wages for All Occupations (Code 00–0000).

Request for Comments information is necessary for the proper hours and costs) of the proposed performance of AHRQ health care collection(s) of information; (c) ways to In accordance with the Paperwork research and health care information enhance the quality, utility, and clarity Reduction Act, comments on AHRQ’s dissemination functions, including of the information to be collected; and information collection are requested whether the information will have (d) ways to minimize the burden of the with regard to any of the following: (a) practical utility; (b) the accuracy of collection of information upon the Whether the proposed collection of AHRQ’s estimate of burden (including respondents, including the use of

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automated collection techniques or Disease Control and Prevention, 1600 generate, maintain, retain, disclose or other forms of information technology. Clifton Road NE., MS–D74, Atlanta, provide information to or for a Federal Comments submitted in response to Georgia 30329. agency. This includes the time needed this notice will be summarized and Instructions: All submissions received to review instructions; to develop, included in the Agency’s subsequent must include the agency name and acquire, install and utilize technology request for OMB approval of the Docket Number. All relevant comments and systems for the purpose of proposed information collection. All received will be posted without change collecting, validating and verifying comments will become a matter of to Regulations.gov, including any information, processing and public record. personal information provided. For maintaining information, and disclosing access to the docket to read background and providing information; to train Sharon B. Arnold, documents or comments received, go to personnel and to be able to respond to Deputy Director. Regulations.gov. a collection of information, to search [FR Doc. 2016–18995 Filed 8–9–16; 8:45 am] Please note: All public comment data sources, to complete and review BILLING CODE 4160–90–P should be submitted through the the collection of information; and to Federal eRulemaking portal transmit or otherwise disclose the (Regulations.gov) or by U.S. mail to the information. DEPARTMENT OF HEALTH AND address listed above. HUMAN SERVICES Proposed Project FOR FURTHER INFORMATION CONTACT: To Centers for Disease Control and request more information on the Women’s Preventive Health Services Prevention proposed project or to obtain a copy of Study—New—National Center for the information collection plan and Chronic Disease Prevention and Health [60Day–16–16AWP; Docket No. CDC–2016– instruments, contact the Information Promotion (NCCDPHP), Centers for 0075] Collection Review Office, Centers for Disease Control and Prevention (CDC). Disease Control and Prevention, 1600 Proposed Data Collection Submitted Background and Brief Description for Public Comment and Clifton Road NE., MS–D74, Atlanta, Recommendations Georgia 30329; phone: 404–639–7570; The National Breast and Cervical Email: [email protected]. Cancer Early Detection Program AGENCY: Centers for Disease Control and SUPPLEMENTARY INFORMATION: Under the (NBCCEDP) provides free or low-cost Prevention (CDC), Department of Health Paperwork Reduction Act of 1995 (PRA) breast and cervical cancer screening and and Human Services (HHS). (44 U.S.C. 3501–3520), Federal agencies diagnostic services to low-income, ACTION: Notice with comment period. must obtain approval from the Office of uninsured, and underserved women. Management and Budget (OMB) for each The NBCCEDP is an organized screening SUMMARY: The Centers for Disease collection of information they conduct program with a full complement of Control and Prevention (CDC), as part of or sponsor. In addition, the PRA also services including outreach and patient its continuing efforts to reduce public requires Federal agencies to provide a education, patient navigation, case burden and maximize the utility of 60-day notice in the Federal Register management, professional development, government information, invites the concerning each proposed collection of and tracking and follow-up that general public and other Federal information, including each new contribute to the program’s success. agencies to take this opportunity to proposed collection, each proposed Compared to when the NBCCEDP was comment on proposed and/or extension of existing collection of established, more women are eligible for continuing information collections, as information, and each reinstatement of insurance coverage but there are still required by the Paperwork Reduction previously approved information many women who are not insured and Act of 1995. This notice invites collection before submitting the many insured women not obtaining comment on a proposed study to collection to OMB for approval. To preventive services that they are eligible examine the facilitators and barriers to comply with this requirement, we are to receive. Currently, the NBCCEDP not receiving clinical preventive services publishing this notice of a proposed only provides screening services to among newly insured medically data collection as described below. uninsured and underinsured, but has underserved women who had Comments are invited on: (a) Whether expanded its services to include previously been served by the National the proposed collection of information population-based activities that prevent Breast and Cervical Cancer Early is necessary for the proper performance missed opportunities and ensure that all Detection Program (NBCCEDP). The of the functions of the agency, including women receive appropriate breast and purpose of this survey is to assess if whether the information shall have cervical cancer screening. newly insured women receive practical utility; (b) the accuracy of the Previous research suggests that access appropriate clinical preventive health agency’s estimate of the burden of the to health care through insurance alone services, what barriers and facilitators proposed collection of information; (c) does not ensure adherence to cancer these women experience, and if they are ways to enhance the quality, utility, and screening, as many individual, cultural, able to maintain consistent health clarity of the information to be and community factors serve as barriers insurance coverage. collected; (d) ways to minimize the to preventive service use. With recent DATES: Written comments must be burden of the collection of information increases in the numbers of women who received on or before October 11, 2016. on respondents, including through the are insured, there is a need to ADDRESSES: You may submit comments, use of automated collection techniques understand the experiences of women identified by Docket No. CDC–2016– or other forms of information who had been served by the NBCCEDP 0075 by any of the following methods: technology; and (e) estimates of capital and become newly insured. This project • Federal eRulemaking Portal: or start-up costs and costs of operation, will inform the development of future Regulations.gov. Follow the instructions maintenance, and purchase of services activities of the NBCCEDP so that all for submitting comments. to provide information. Burden means women receive the information and • Mail: Jeffrey M. Zirger, Information the total time, effort, or financial support services needed for obtaining Collection Review Office, Centers for resources expended by persons to clinical preventive services.

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The purpose of this project is to 3. What preventive health services, the women to have their contact examine the facilitators and barriers to including cancer screening, do these information shared for the study. The receiving clinical preventive services women receive? women who agree will receive an among newly insured medically 4. What barriers and facilitators do invitation letter to participate in the underserved women who had these women face in accessing study through an on-line survey. The previously been served by the preventive health services through their first step of the on-line survey will be NBCCEDP. The Women’s Preventive new coverage? a set of screener questions to determine Services Study aims to survey newly 5. What are the non-financial and whether they have insurance coverage. insured women about what clinical financial costs to these women? Only those who currently have preventive health services they receive, The respondents will be uninsured or insurance will be eligible to continue what barriers and facilitators they underinsured women who previously with the main survey instrument. experience, and their ability to maintain had been screened through the Women who complete the survey will NBCCEDP but now have health consistent health insurance coverage. be asked to repeat the survey annually insurance coverage. To be potentially the next 2 years. While having newly acquired health eligible for the study, women must be insurance will improve access to between the ages of 30–62 years, a U.S. The sample design proposes that preventive services, insurance coverage Citizen or U.S. permanent resident, 14,240 women be identified as eligible. alone would not result in improved resident of the state where they received We estimate that 80% will be contacted clinical preventive services utilization NBCCEDP services, and English or and agree to participate. Of that, we for all women, especially among Spanish speaking. Additionally, women expect 9,683 completed on-line underserved populations. This project must meet one of the prior screening screenings to occur during year one, proposes to follow a group of women criteria: (1) Having received a Pap test representing an annualized 3,288 previously served by the NBCCEDP over through a NBCCEDP state program not respondents. With an 85% expected 3 years by administering a yearly less than 1 year but not more than 4 completion rate and annual attrition, we questionnaire. years from the time of study estimate that 3,292 surveys will be implementation OR (2) received a Pap/ completed in Year 1; 2,222 completed This study will focus on the following surveys in Year 2; and 1,500 completed research questions: HPV co-test through a NBCCEDP grantee not less than 3 years but not more than surveys in Year 3. This represents an 1. What are the insurance coverage 5 years from the time of study annualized 2,338 respondents for the patterns (e.g., public or private implementation OR (3) received a survey. insurance) for a sample of medically mammogram through a NBCCEDP OMB approval is requested for three underserved women previously grantee not less than 1 year but not more years. Participation is voluntary and screened through the NBCCEDP? than 3 years from the time of study there are no costs to respondents other 2. What barriers and facilitators do implementation. than their time. The estimated these women face in enrolling in new NBCCEDP state programs will identify annualized burden hours for this data insurance coverage? potentially eligible women and consent collection are 1,243 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Women aged 30–62 who previously received Screener ...... 3,228 1 5/60 269 services in the NBCCEDP. Survey ...... 2,338 1 25/60 974

Total ...... 1,243

Jeffrey M. Zirger, DEPARTMENT OF HEALTH AND its continuing efforts to reduce public Health Scientist, Acting Chief, Information HUMAN SERVICES burden and maximize the utility of Collection Review Office, Office of Scientific government information, invites the Integrity, Office of the Associate Director for Centers for Disease Control and general public and other Federal Science, Office of the Director, Centers for Prevention agencies to take this opportunity to Disease Control and Prevention. comment on proposed and/or [FR Doc. 2016–18938 Filed 8–9–16; 8:45 am] [60 Day–16–16AWN: Docket No. CDC–2016– continuing information collections, as BILLING CODE 4163–18–P 0080] required by the Paperwork Reduction Act of 1995. This notice invites Proposed Data Collection Submitted comment on the National Youth for Public Comment and Tobacco Survey (NYTS) 2017 Computer Recommendations Based Pilot. The NYTS is currently AGENCY: Centers for Disease Control and administered in a paper and pencil Prevention (CDC), Department of Health format. The NYTS Computer Based Pilot and Human Services (HHS). will assess the feasibility of ACTION: Notice with comment period. administering the survey in an electronic format. SUMMARY: The Centers for Disease DATES: Written comments must be Control and Prevention (CDC), as part of received on or before October 11, 2016.

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ADDRESSES: You may submit comments, use of automated collection techniques through the NYTS is used by CDC, the identified by Docket No. CDC–2016– or other forms of information Food and Drug Administration (FDA), 0080 by any of the following methods: technology; and (e) estimates of capital and public health practitioners and • Federal eRulemaking Portal: or start-up costs and costs of operation, researchers to identify and monitor Regulations.gov. Follow the instructions maintenance, and purchase of services trends over time, to inform the for submitting comments. to provide information. Burden means development of tobacco cessation • Mail: Jeffrey M. Zirger, Information the total time, effort, or financial programs for youth, and to evaluate the Collection Review Office, Centers for resources expended by persons to effectiveness of existing interventions Disease Control and Prevention, 1600 generate, maintain, retain, disclose or and programs. Clifton Road NE., MS–D74, Atlanta, provide information to or for a Federal The NYTS is currently conducted by Georgia 30329. agency. This includes the time needed a paper and pencil (PAP) method in a Instructions: All submissions received to review instructions; to develop, classroom setting, scheduled by each must include the agency name and acquire, install and utilize technology school. At this time, many schools have Docket Number. All relevant comments and systems for the purpose of experience with electronic technologies received will be posted without change collecting, validating and verifying that offer several potential advantages to Regulations.gov, including any information, processing and compared to PAP survey administration. personal information provided. For maintaining information, and disclosing For example, electronic information access to the docket to read background and providing information; to train collection methods support conditional documents or comments received, go to personnel and to be able to respond to ‘skip logic’ routing and adaptive survey Regulations.gov. a collection of information, to search design, and may improve respondent Please note: All public comment data sources, to complete and review satisfaction, data reliability, and data should be submitted through the the collection of information; and to management. As a result, CDC plans to Federal eRulemaking portal transmit or otherwise disclose the conduct a computer based pilot of the (Regulations.gov) or by U.S. mail to the information. 2017 NTYS using a hand-held tablet. The specific aims of the 2017 NYTS address listed above. Proposed Project FOR FURTHER INFORMATION CONTACT: To pilot are to (1) assess respondent National Youth Tobacco Survey request more information on the burden; (2) determine the reliability and (NYTS) 2017 Computer Based Pilot— proposed project or to obtain a copy of efficiencies of electronic mode data New—National Center for Chronic the information collection plan and collection; (3) assess the reliability and Disease Prevention and Health instruments, contact the Information validity of survey results obtained from Promotion (NCCDPHP), Centers for Collection Review Office, Centers for electronic data; (4) assess the cost- Disease Control and Prevention (CDC). Disease Control and Prevention, 1600 effectiveness of electronic Clifton Road NE., MS–D74, Atlanta, Background and Brief Description administration; (5) measure the length of time between data collection and Georgia 30329; phone: 404–639–7570; Tobacco use is a major preventable dissemination of findings; and (6) assess Email: [email protected]. cause of morbidity and mortality in the student expectations about survey SUPPLEMENTARY INFORMATION: Under the U.S. A limited number of health risk participation, given changes in Paperwork Reduction Act of 1995 (PRA) behaviors, including tobacco use, classroom technology. (44 U.S.C. 3501–3520), Federal agencies account for the overwhelming majority The computer-based pilot study is must obtain approval from the Office of of immediate and long-term sources of designed to complement the ongoing, Management and Budget (OMB) for each morbidity and mortality. Because the paper-based NYTS. In 2017, the PAP collection of information they conduct majority of tobacco users begin using version of the NYTS will be or sponsor. In addition, the PRA also tobacco before the age of 18, there is a administered as usual according to requires Federal agencies to provide a critical need for public health programs established methods (OMB No. 0920– 60-day notice in the Federal Register directed towards youth, and for 0621, exp. 1/31/2018). Sampling, concerning each proposed collection of information to support these programs. recruitment, and survey administration information, including each new In 1999, 2000, and 2002, the for both studies will be coordinated to proposed collection, each proposed American Legacy Foundation funded prevent overlap, maximize extension of existing collection of surveys to assess tobacco use among participation, and maximize the information, and each reinstatement of adolescents. Building on these efforts, comparison of results. The sampling previously approved information CDC conducted the National Youth vendor for the traditional NYTS will collection before submitting the Tobacco Survey (NYTS, OMB no. 0920– oversample from the NYTS sampling collection to OMB for approval. To 0621) in 2004, 2006, 2009, 2011, 2012, frame, assigning a smaller population to comply with this requirement, we are 2013, 2014, 2015, and 2016. At present, participate in the pilot study. The publishing this notice of a proposed the NYTS is the most comprehensive sample for the pilot study will be data collection as described below. source of nationally representative approximately 75% of the size of the Comments are invited on: (a) Whether tobacco data among students in grades sample for the paper-based NYTS. The the proposed collection of information 9–12, moreover, the NYTS is the only samples for each mode of the survey is necessary for the proper performance national source of such data for students will be drawn at the same time to ensure of the functions of the agency, including in grades 6–8. The NYTS has provided that the same schools are not whether the information shall have national estimates of tobacco use approached for the different versions. practical utility; (b) the accuracy of the behaviors, information about exposure Additionally, the paper version of the agency’s estimate of the burden of the to pro- and anti-tobacco influences, survey will start collecting data prior to proposed collection of information; (c) information about racial and ethnic the pilot version beginning data ways to enhance the quality, utility, and disparities in tobacco-related topics, and collection to ensure schools in the same clarity of the information to be most recently, estimates of use of district do not face multiple collectors collected; (d) ways to minimize the emerging products such as water pipes during the same time period. burden of the collection of information (hookahs) and electronic cigarettes (e- The 2017 computer-based pilot of the on respondents, including through the cigarettes). Information collected NYTS will be conducted among a

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nation-wide sample of students with the Food and Drug Administration Results will also be used to help attending public schools in grades 6–12. (FDA), examine the following topics: evaluate the impact of automated Participating students will complete the Use of cigarettes, smokeless tobacco, collection techniques and computer- survey in person in a classroom setting cigars, pipes, bidis, snus, hookahs, based survey administration on using a tablet provided by CDC’s electronic vapor products, and response burden. After data collection, information collection contractor. The dissolvable tobacco products; the computer-based data will be tablet will be distributed at the knowledge and attitudes; media and compared to the paper-based data to beginning of the class session and advertising; access to tobacco products; determine which method provides the returned at the end of the class session. secondhand smoke exposure; and most validity and reliability. This is similar to administration of the cessation. In addition, specific questions OMB approval will be requested for PAP NYTS, in which a paper will be included in the pilot survey to one year. There are no changes in the questionnaire booklet is distributed to better understand respondents’ feelings estimated burden per response for any students at the beginning of a class about safety and security around type of respondent compared to the session, completed, and returned at the utilizing a computer based survey. paper version. Participation is voluntary end of the session. Findings from the NYTS pilot will be and there are no costs to respondents The content of the 2017 pilot survey used to assess the feasibility of other than their time. The estimated will mirror the paper-based survey. The conducting the computer-based NYTS annualized burden hours for this data questions, developed in cooperation compared to the paper-based survey. collection are 3,689 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

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

State Administrators ...... State-level Recruitment Script for the National 6 1 30/60 3 Youth Tobacco Survey. District Administrators .... District-level Recruitment Script for the National 45 1 30/60 23 Youth Tobacco Survey. School Administrators .... School-level Recruitment Script for the National 64 1 30/60 32 Youth Tobacco Survey. Teachers ...... Data Collection Checklist for the National Youth 292 1 15/60 73 Tobacco Survey. Students ...... National Youth Tobacco Survey ...... 6,100 1 35/60 3,558

Total ...... 3,689

Jeffrey M. Zirger, agencies to take this opportunity to Please note: All public comment Health Scientist, Acting Chief, Information comment on proposed and/or should be submitted through the Collection Review Office, Office of Scientific continuing information collections, as Federal eRulemaking portal Integrity, Office of the Associate Director for required by the Paperwork Reduction (Regulations.gov) or by U.S. mail to the Science, Office of the Director. Act of 1995. This notice invites address listed above. [FR Doc. 2016–18937 Filed 8–9–16; 8:45 am] comment on a proposed field survey to FOR FURTHER INFORMATION CONTACT: To BILLING CODE 4163–18–P assess safety and health hazards to request more information on the workers in oil and gas (O&G.) extraction. proposed project or to obtain a copy of the information collection plan and DEPARTMENT OF HEALTH AND DATES: Written comments must be received on or before October 11, 2016. instruments, contact the Information HUMAN SERVICES Collection Review Office, Centers for ADDRESSES: You may submit comments, Disease Control and Prevention, 1600 Centers for Disease Control and identified by Docket No. CDC–2016– Clifton Road NE., MS–D74, Atlanta, Prevention 0077 by any of the following methods: Georgia 30329; phone: 404–639–7570; [60Day–16–16AXC; Docket No. CDC–2016– • Federal eRulemaking Portal: Email: [email protected]. 0077] Regulations.gov. Follow the instructions SUPPLEMENTARY INFORMATION: Under the for submitting comments. Paperwork Reduction Act of 1995 (PRA) Proposed Data Collection Submitted • Mail: Jeffrey M. Zirger, Information (44 U.S.C. 3501–3520), Federal agencies for Public Comment and Collection Review Office, Centers for must obtain approval from the Office of Recommendations Disease Control and Prevention, 1600 Management and Budget (OMB) for each AGENCY: Centers for Disease Control and Clifton Road, NE., MS–D74, Atlanta, collection of information they conduct Prevention (CDC), Department of Health Georgia 30329. or sponsor. In addition, the PRA also and Human Services (HHS). Instructions: All submissions received requires Federal agencies to provide a ACTION: Notice with comment period. must include the agency name and 60-day notice in the Federal Register Docket Number. All relevant comments concerning each proposed collection of SUMMARY: The Centers for Disease received will be posted without change information, including each new Control and Prevention (CDC), as part of to Regulations.gov, including any proposed collection, each proposed its continuing efforts to reduce public personal information provided. For extension of existing collection of burden and maximize the utility of access to the docket to read background information, and each reinstatement of government information, invites the documents or comments received, go to previously approved information general public and other Federal Regulations.gov. collection before submitting the

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collection to OMB for approval. To (NIOSH), Centers for Disease Control community centers in oilfield towns. A comply with this requirement, we are and Prevention (CDC). screening questionnaire, ‘‘Module 1: publishing this notice of a proposed Screening’’ will be administered to 313 Background and Brief Description data collection as described below. workers per year (for 2 years) to Comments are invited on: (a) Whether The mission of the National Institute determine that the worker is eligible for the proposed collection of information for Occupational Safety and Health the survey. This questionnaire will take is necessary for the proper performance (NIOSH) is to promote safety and health about 5 minutes. NIOSH anticipates that of the functions of the agency, including at work for all people through research up to 63 workers per year (20% of whether the information shall have and prevention. The Occupational screened workers) will be eligible but practical utility; (b) the accuracy of the Safety and Health Act, 91 (section 20[a] not interested in participating in this agency’s estimate of the burden of the [1]), authorizes NIOSH to conduct study. These workers will be asked to proposed collection of information; (c) research to advance the health and complete a brief, 6-question ‘‘Non- ways to enhance the quality, utility, and safety of workers. NIOSH is proposing a Respondent Questionnaire’’, which will clarity of the information to be two year study to conduct a survey take about 5 minutes. Approximately collected; (d) ways to minimize the questionnaire of 500 land-based oil and 250 workers per year (for 2 years) will burden of the collection of information gas (O&G) extraction workers in 5 U.S. be eligible and agree to participate in on respondents, including through the states (Texas, North Dakota, Colorado, the study (80% response rate). These use of automated collection techniques Oklahoma and a state in the workers will complete ‘‘Module 2: or other forms of information Appalachian Basin) to examine safety General,’’ ‘‘Module 3: Well-site work,’’ technology; and (e) estimates of capital and health issues and concerns of this and ‘‘Module 5: Closing Questions’’ or start-up costs and costs of operation, workforce. Workers who drive as a part (approximately 225 workers will use the maintenance, and purchase of services of their work duties will be asked to tablet version and 25 will opt to use the complete an additional set of questions to provide information. Burden means hardcopy version). ‘‘Module 5: Closing about their driving environment and the total time, effort, or financial Questions’’ includes a brief interview behaviors. We expect a response rate of resources expended by persons to with program staff. The questionnaire 80%, so it is estimated that we will generate, maintain, retain, disclose or and interview will take approximately approach 625 workers in order to have provide information to or for a Federal 25 minutes to complete for workers agency. This includes the time needed 500 workers complete the survey. using the tablet as well as for those to review instructions; to develop, The goals of this study are (1) To using the hardcopy version. Workers acquire, install and utilize technology determine on-duty and off-duty factors who drive a company vehicle will also and systems for the purpose of that contribute to motor vehicle crashes, be asked to complete ‘‘Module 4: Motor collecting, validating and verifying injuries and illness among U.S. land- Vehicle.’’ An estimated 75% of the information, processing and based O&G extraction workers and (2) workers will complete the driving maintaining information, and disclosing To identify other safety and health portion of the survey (187 workers). and providing information; to train needs and concerns of U.S. land-based This module will take approximately 5 personnel and to be able to respond to O&G extraction workers, a largely non- additional minutes to complete for those a collection of information, to search unionized workforce. The results of this using the tablet (approximately 168 data sources, to complete and review study will guide the development of workers per year)as well as 5 minutes the collection of information; and to evidence-based and priority for those completing the hardcopy transmit or otherwise disclose the interventions and future research in the version (19 workers per year). information. O&G extraction industry that will improve the safety and health of O&G Comments submitted in response to Proposed Project workers. this notice will be reviewed and Assessing Safety and Health Hazards Administration of the survey addressed prior to OMB application to Workers in Oil and Gas Extraction: A questionnaire will occur at temporary submission. There is no cost to Survey—New Information Collection modular lodging facilities (‘man respondents other than their time. The Request—National Institute for camps’), training centers, equipment/ estimated annualized burden hours for Occupational Safety and Health trucking yards, well sites, and this data collection are 154 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Presumed O&G Extraction Workers Module 1: Screening ...... 313 1 5/60 27 O&G Extraction Workers ...... Non Respondent Questionnaire ...... 63 1 5/60 6 O&G Extraction Workers ...... Tablet Version Modules 2: General 225 1 25/60 94 Module 3: Well Site Work, and Module 5: Closing Questions. O&G Extraction Workers ...... Hardcopy Version Modules 2: Gen- 25 1 25/60 11 eral Module 3: Well Site Work, and Module 5: Closing Questions. O&G Extraction Workers who drive Tablet Version Module 4: Motor Ve- 168 1 5/60 14 at work. hicle. O&G Extraction Workers who drive Hardcopy Version Module 4: Motor 19 1 5/60 2 at work. Vehicle.

Total ...... 154

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Jeffrey M. Zirger, Please note: All public comment data sources, to complete and review Acting Chief, Information Collection Review should be submitted through the the collection of information; and to Office, Health Scientist, Office of Scientific Federal eRulemaking portal transmit or otherwise disclose the Integrity, Office of the Associate Director for (Regulations.gov) or by U.S. mail to the information. Science, Office of the Director, Centers for address listed above. Disease Control and Prevention. Proposed Project FOR FURTHER INFORMATION CONTACT: To [FR Doc. 2016–18940 Filed 8–9–16; 8:45 am] request more information on the Feasibility of Social Distancing BILLING CODE 4163–18–P proposed project or to obtain a copy of Measures in K–12 Schools in the United the information collection plan and States—New—National Center for instruments, contact the Information Emerging and Zoonotic Infectious DEPARTMENT OF HEALTH AND Collection Review Office, Centers for Diseases (NCEZID), Division of Global HUMAN SERVICES Disease Control and Prevention, 1600 Migration and Quarantine (DGMQ), Clifton Road NE., MS–D74, Atlanta, Centers for Disease Control and Centers for Disease Control and Prevention (CDC). Prevention Georgia 30329; phone: 404–639–7570; Email: [email protected]. Background and Brief Description [60Day–16–16AXB; Docket No. CDC–2016– SUPPLEMENTARY INFORMATION: Under the 0076] The Centers for Disease Control and Paperwork Reduction Act of 1995 (PRA) Prevention (CDC), National Center for Proposed Data Collection Submitted (44 U.S.C. 3501–3520), Federal agencies Emerging and Zoonotic Infectious for Public Comment and must obtain approval from the Office of Diseases (NCEZID), Division of Global Recommendations Management and Budget (OMB) for each Migration and Quarantine (DGMQ), collection of information they conduct requests approval of a new information AGENCY: Centers for Disease Control and or sponsor. In addition, the PRA also collection to identify social distancing Prevention (CDC), Department of Health requires Federal agencies to provide a strategies to reduce person-to-person and Human Services (HHS). 60-day notice in the Federal Register contact among students and staff in ACTION: Notice with comment period. concerning each proposed collection of K–12 schools that are implementable information, including each new without causing major detrimental SUMMARY: The Centers for Disease proposed collection, each proposed effects to ongoing education activities. Control and Prevention (CDC), as part of extension of existing collection of CDC is requesting a one-year approval to its continuing efforts to reduce public information, and each reinstatement of collect information. burden and maximize the utility of previously approved information The information collection for which government information, invites the collection before submitting the approval is sought is in accordance with general public and other Federal collection to OMB for approval. To DGMQ/CDC’s mission to reduce agencies to take this opportunity to comply with this requirement, we are morbidity and mortality in mobile comment on proposed and/or publishing this notice of a proposed populations, and to prevent the continuing information collections, as data collection as described below. introduction, transmission, or spread of required by the Paperwork Reduction Comments are invited on: (a) Whether communicable diseases within the Act of 1995. This notice invites the proposed collection of information United States. Insights gained from this comment on Information Collection on is necessary for the proper performance information collection will assist in the Feasibility of Social Distancing of the functions of the agency, including planning and implementation of CDC Measures in K–12 Schools in the United whether the information shall have Pre-Pandemic Community Mitigation States, which is being conducted to practical utility; (b) the accuracy of the Guidance on the use of school-based determine if the implementation of agency’s estimate of the burden of the measures to slow transmission during social distancing strategies other than proposed collection of information; (c) an influenza pandemic. school closures can be accomplished ways to enhance the quality, utility, and School-aged children are often the without causing major detrimental clarity of the information to be main introducers and an important effects to ongoing education activities. collected; (d) ways to minimize the transmission source of influenza and DATES: Written comments must be burden of the collection of information other respiratory viruses in their received on or before October 11, 2016. on respondents, including through the families, and school-based outbreaks ADDRESSES: You may submit comments, use of automated collection techniques frequently pre-date wide-spread identified by Docket No. CDC–2016– or other forms of information influenza transmission in the 0076 by any of the following methods: technology; and (e) estimates of capital surrounding communities. Therefore, • Federal eRulemaking Portal: or start-up costs and costs of operation, infection control measures undertaken Regulations.gov. Follow the instructions maintenance, and purchase of services to reduce virus transmission among for submitting comments. to provide information. Burden means children at schools may also help • Mail: Jeffrey M. Zirger, Information the total time, effort, or financial prevent or postpone influenza outbreaks Collection Review Office, Centers for resources expended by persons to in communities. In respiratory Disease Control and Prevention, 1600 generate, maintain, retain, disclose or transmission of influenza, proximity to Clifton Road NE., MS–D74, Atlanta, provide information to or for a Federal the person with influenza plays a Georgia 30329. agency. This includes the time needed significant role. Strategies that increase Instructions: All submissions received to review instructions; to develop, physical distance between students and/ must include the agency name and acquire, install and utilize technology or reduce the duration of person to Docket Number. All relevant comments and systems for the purpose of person contact in school settings may, received will be posted without change collecting, validating and verifying theoretically, be effective in slowing to Regulations.gov, including any information, processing and influenza transmission. There have been personal information provided. For maintaining information, and disclosing no evaluations to date of feasibility of access to the docket to read background and providing information; to train implementing social distancing documents or comments received, go to personnel and to be able to respond to measures other than school closures. Regulations.gov. a collection of information, to search Therefore, there is a need to research

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alternative social distancing strategies organizing and delivering K–12 implementation of school related that can help reduce influenza instruction in ways that help increase measures to prevent the spread of transmission in schools while space between students and/or reduce influenza. This Guidance is used as an minimizing social and economic daily duration of in-person instruction, important planning and reference tool burdens on the community. while preserving the normal education for both State and local health CDC staff proposes that the process; this will be accomplished departments in the United States. information collection for this package through focus group discussions. will target senior educators in each of Findings obtained from this There is no cost to respondents other the 10 HHS regions. CDC will collect information collection will be used to than their time. The estimated qualitative data on current knowledge, inform the update CDC’s Pre-pandemic annualized burden hours for this data attitudes, and practices with regard to Community Mitigation Guidance on the collection are 1,400 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Senior educators (e.g. school principals, super- Social Distancing Ques- 700 1 2 1,400 intendents, teachers, senior leaders from state tionnaire Form. agencies, etc.).

Total ...... 1,400

Jeffrey M. Zirger, of asthma data and to address critical must obtain approval from the Office of Health Scientist, Acting Chief, Information questions surrounding the health and Management and Budget (OMB) for each Collection Review Office, Office of Scientific experiences of persons with asthma. collection of information they conduct Integrity, Office of the Associate Director for DATES: Written comments must be or sponsor. In addition, the PRA also Science, Office of the Director, Centers for received on or before October 11, 2016. requires Federal agencies to provide a Disease Control and Prevention. 60-day notice in the Federal Register ADDRESSES: You may submit comments, [FR Doc. 2016–18939 Filed 8–9–16; 8:45 am] concerning each proposed collection of BILLING CODE 4163–18–P identified by Docket No. CDC–2016– 0082 by any of the following methods: information, including each new • Federal eRulemaking Portal: proposed collection, each proposed extension of existing collection of Regulations.gov. Follow the instructions DEPARTMENT OF HEALTH AND information, and each reinstatement of for submitting comments. HUMAN SERVICES previously approved information • Mail: Jeffrey M. Zirger, Information collection before submitting the Centers for Disease Control and Collection Review Office, Centers for collection to OMB for approval. To Prevention Disease Control and Prevention, 1600 comply with this requirement, we are Clifton Road NE., MS–D74, Atlanta, [60Day–16–16AWJ; Docket No. CDC–2016– publishing this notice of a proposed Georgia 30329. 0082] data collection as described below. Instructions: All submissions received Comments are invited on: (a) Whether Proposed Data Collection Submitted must include the agency name and the proposed collection of information for Public Comment and Docket Number. All relevant comments is necessary for the proper performance Recommendations received will be posted without change of the functions of the agency, including to Regulations.gov, including any whether the information shall have AGENCY: Centers for Disease Control and personal information provided. For Prevention (CDC), Department of Health practical utility; (b) the accuracy of the access to the docket to read background agency’s estimate of the burden of the and Human Services (HHS). documents or comments received, go to ACTION: Notice with comment period. proposed collection of information; (c) Regulations.gov. ways to enhance the quality, utility, and SUMMARY: The Centers for Disease Please note: All public comment clarity of the information to be Control and Prevention (CDC), as part of should be submitted through the collected; (d) ways to minimize the its continuing efforts to reduce public Federal eRulemaking portal burden of the collection of information burden and maximize the utility of (Regulations.gov) or by U.S. mail to the on respondents, including through the government information, invites the address listed above. use of automated collection techniques general public and other Federal FOR FURTHER INFORMATION CONTACT: To or other forms of information agencies to take this opportunity to request more information on the technology; and (e) estimates of capital comment on proposed and/or proposed project or to obtain a copy of or start-up costs and costs of operation, continuing information collections, as the information collection plan and maintenance, and purchase of services required by the Paperwork Reduction instruments, contact the Information to provide information. Burden means Act of 1995. This notice invites Collection Review Office, Centers for the total time, effort, or financial comment on the ‘‘Behavioral Risk Factor Disease Control and Prevention, 1600 resources expended by persons to Surveillance System (BRFSS) Asthma Clifton Road NE., MS–D74, Atlanta, generate, maintain, retain, disclose or Call-back Survey (ACBS).’’ The ACBS is Georgia 30329; phone: 404–639–7570; provide information to or for a Federal an in-depth asthma survey conducted Email: [email protected]. agency. This includes the time needed on a subset of BRFSS respondents with SUPPLEMENTARY INFORMATION: Under the to review instructions; to develop, an asthma diagnosis. The goal of this Paperwork Reduction Act of 1995 (PRA) acquire, install and utilize technology survey is to strengthen the existing body (44 U.S.C. 3501–3520), Federal agencies and systems for the purpose of

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collecting, validating and verifying The ACBS is not an optional state their children ever diagnosed with information, processing and module, but rather, is a follow-up asthma. If both the BRFSS adult maintaining information, and disclosing survey to the regular BRFSS efforts. It is respondent and the selected child in the and providing information; to train funded by the National Asthma Control household have asthma, then only one personnel and to be able to respond to Program (NACP) in the Air Pollution or the other is eligible for the ACBS. a collection of information, to search and Respiratory Health Branch (APRHB) The ACBS adds considerable state- data sources, to complete and review of the National Center for level depth to the existing body of the collection of information; and to Environmental Health (NCEH). The asthma data. It addresses critical transmit or otherwise disclose the ACBS is administered by NCCDPHP on questions surrounding the health and information. behalf of NCEH using its existing BRFSS experiences of persons with asthma. sampling frame. BRFSS coordinators in Proposed Project Health data include symptoms, the health departments in U.S. states, environmental factors, and medication Behavioral Risk Factor Surveillance territories, and the District of Columbia use among persons with asthma. Data System (BRFSS) Asthma Call-back (collectively referred to as states) are on their experiences include activity Survey (ACBS)—Existing Collection in responsible for survey administration. limitation, health system use, and self- Use without an OMB Control Number— Currently CDC provides its 40 management education. These asthma National Center for Environmental participating states with technical and data are needed to direct and evaluate Health NCEH), Centers for Disease methodological assistance. interventions undertaken by asthma The purpose of ACBS is to gather Control and Prevention (CDC). control programs located in state health state-level asthma data and to make departments. Federal agencies and other Background and Brief Description them available to track the burden of the entities also rely on this critical The Centers for Disease Control and disease, to monitor adherence to asthma information for planning and evaluating Prevention (CDC) is requesting a three- guidelines, and to direct and evaluate efforts and to reduce the burden from year Paperwork Reduction Act (PRA) interventions undertaken by asthma this disease. clearance to conduct information control programs located in state health collection under ‘‘The Behavioral Risk departments. Beyond asthma prevalence The CDC makes annual ACBS datasets Factor Surveillance System (BRFSS) estimates, for most states, the ACBS available for public use and provides Asthma Call-back Survey (ACBS).’’ The provides the only sources of adult and guidance on statistically appropriate ACBS is an existing collection in use child asthma data on the state and local uses of the data. Participation in the without an OMB Control Number. level. ACBS is voluntary and there are no BRFSS (OMB Control No. 0920–1061, As a follow-up, the ACBS is costs to respondents other than their expiration date 3/31/2018) is a conducted within two weeks after the time. The burden table reflects the nationwide system of customized, cross- BRFSS survey. Data collection for ACBS landline and cell phone data collection sectional telephone health surveys involves screening, obtaining methods used in 2013 and later years. sponsored by CDC’s National Center for permission, consenting and telephone Additionally, the burden table accounts Chronic Disease Prevention and Health interviewing on a subset of the BRFSS for reporting burden incurred by the Promotion (NCCDPHP) Division of respondents from participating states. states for the monthly or quarterly data Population Health. The BRFSS The ACBS eligible respondents are submission to CDC. The burden hour information collection is conducted in a BRFSS adults, 18 years and older, who estimates represent the 2013 data continuous, three-part telephone report ever being diagnosed with collection which is the most recent data interview process: Screening, asthma. In addition, some states include released. participation in a common BRFSS core children, below 18 years of age, who are There is no cost to the respondents survey, and participation in optional randomly selected subjects in the other than their time. The total question modules that states use to BRFSS household. Parents or guardians estimated annualized burden hours for customize survey content. serve as ACBS proxy respondents for all respondents are 6,029 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

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

BRFSS Adults ...... ACBS Landline Screener—Adult ..... 21,424 1 1/60 357 ACBS Cell Phone Screener—Adult 8,976 1 1/60 150 BRFSS Parents or Guardians of ACBS Landline Screener—Child ..... 4,245 1 1/60 71 Children. ACBS Cell Phone Screener—Child 2,238 1 1/60 37 ACBS Adults ...... ACBS Adult Consent and Survey— 19,954 1 10/60 3,326 2013. ACBS Parents or Guardians of Chil- ACBS Child Consent and Survey— 3,887 1 10/60 648 dren. 2013. State BRFSS Coordinators ...... ACBS Data Submission Layout ...... 40 12 3 1,440

Total ...... 6,029

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Jeffrey M. Zirger, Federal eRulemaking portal transmit or otherwise disclose the Health Scientist, Acting Chief, Information (Regulations.gov) or by U.S. mail to the information. Collection Review Office, Office of Scientific address listed above. Proposed Project Integrity, Office of the Associate Director for FOR FURTHER INFORMATION CONTACT: To Science, Office of the Director, Centers for Information Collection for Tuberculosis Disease Control and Prevention. request more information on the proposed project or to obtain a copy of Data From Referring Entities to [FR Doc. 2016–18935 Filed 8–9–16; 8:45 am] the information collection plan and CureTB—New—National Center for BILLING CODE 4163–18–P instruments, contact the Information Emerging Zoonotic and Infectious Collection Review Office, Centers for Diseases (NCEZID), Centers for Disease Control and Prevention (CDC) DEPARTMENT OF HEALTH AND Disease Control and Prevention, 1600 HUMAN SERVICES Clifton Road, NE., MS–D74, Atlanta, Background and Brief Description Georgia 30329; phone: 404–639–7570; Email: [email protected]. CDC is assuming the administration of Centers for Disease Control and the CureTB program from the San Diego SUPPLEMENTARY INFORMATION: Prevention Public Health Department. CureTB Under the Paperwork Reduction Act [60Day–16–16AWE: Docket No. CDC–2016– works with domestic and international of 1995 (PRA) (44 U.S.C. 3501–3520), 0078] programs to protect the U.S. public by Federal agencies must obtain approval preventing the global development of Proposed Data Collection Submitted from the Office of Management and drug resistance and reducing disease for Public Comment and Budget (OMB) for each collection of transmission and importation of Recommendations information they conduct or sponsor. In infectious TB. These goals are addition, the PRA also requires Federal AGENCY: Centers for Disease Control and accomplished through CureTB referral agencies to provide a 60-day notice in and continuity of care services for Prevention (CDC), Department of Health the Federal Register concerning each and Human Services (HHS). mobile TB patients. proposed collection of information, CDC is seeking OMB clearance for ACTION: Notice with comment period. including each new proposed three years of information collection. collection, each proposed extension of SUMMARY: The Centers for Disease Lack of treatment adherence and Control and Prevention (CDC), as part of existing collection of information, and inappropriate selection of medications its continuing efforts to reduce public each reinstatement of previously are prime reasons for the continued burden and maximize the utility of approved information collection before emergence and spread of resistant government information, invites the submitting the collection to OMB for strains. To combat this, CureTB assures general public and other Federal approval. To comply with this patients understand how to remain agencies to take this opportunity to requirement, we are publishing this adherent despite moving between comment on proposed and/or notice of a proposed data collection as nations and provides information to the continuing information collections, as described below. Comments are invited health care team that will be continuing required by the Paperwork Reduction on: (a) Whether the proposed collection care about each patient’s TB strain and Act of 1995. This notice invites of information is necessary for the tailored medication regimen. CureTB comment on the Information Collection proper performance of the functions of gathers demographic and clinical for Tuberculosis Data from Referring the agency, including whether the information for each patient, and Entities to CureTB. CureTB is intended information shall have practical utility; connects that individual to care through to provide continuity of care for (b) the accuracy of the agency’s estimate provision of accurate information about individuals affected by TB who enter of the burden of the proposed collection how to locate the correct downstream US jurisdictions from foreign nations of information; (c) ways to enhance the provider and assurance that real-time who or who leave US jurisdictions quality, utility, and clarity of the information is given directly to medical bound for foreign nations. information to be collected; (d) ways to providers and public health authorities DATES: Written comments must be minimize the burden of the collection of in receiving nations. received on or before October 11, 2016. information on respondents, including The respondents are entities within through the use of automated collection ADDRESSES: You may submit comments, the United States and other countries techniques or other forms of information identified by Docket No. CDC–2016– who provide diagnostic and treatment technology; and (e) estimates of capital 0078 by any of the following methods: services to individuals affected by TB. • Federal eRulemaking Portal: or start-up costs and costs of operation, The entities are primarily state and local Regulations.gov. Follow the instructions maintenance, and purchase of services health departments, but include for submitting comments. to provide information. Burden means immigration centers, correctional • Mail: Jeffrey M. Zirger, Information the total time, effort, or financial facilities, and national TB programs. All Collection Review Office, Centers for resources expended by persons to 50 US states and territories may refer TB Disease Control and Prevention, 1600 generate, maintain, retain, disclose or patients to the CureTB program. To Clifton Road, NE., MS–D74, Atlanta, provide information to or for a Federal date, CureTB has also received referrals Georgia 30329. agency. This includes the time needed from Mexico and Guatemala. Instructions: All submissions received to review instructions; to develop, Respondents are generally public must include the agency name and acquire, install and utilize technology health field nurses and will submit Docket Number. All relevant comments and systems for the purpose of CureTB referral forms as they request received will be posted without change collecting, validating and verifying referral services. The number of referrals to Regulations.gov, including any information, processing and varies widely between respondents. The personal information provided. For maintaining information, and disclosing average time to complete and send a access to the docket to read background and providing information; to train CureTB referral form is estimated at 30 documents or comments received, go to personnel and to be able to respond to minutes. CureTB currently receives Regulations.gov. a collection of information, to search approximately 600 referrals per year. An Please note: All public comment data sources, to complete and review estimated 100 respondents send should be submitted through the the collection of information; and to referrals, with a range from 1–20 per

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respondent, and an average of 5 per the referral documents. Authorizing Regulations part 70 and 71. The respondent annually. legislation comes from Section 361 of estimated annualized burden hours for There are no costs to respondents the Public Health Service Act this data collection are 300 hours. other than the time required to submit regulations found in 42 Code of Federal

ESTIMATED ANNUALIZED BURDEN HOURS

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

Health departments and partner CureTB Transnational Notification ... 100 5 30/60 250 health authorities. Health departments and partner CureTB Contact/Source Investiga- 20 5 30/60 50 health authorities. tion (CI/SI) Notification.

Total ...... 300

Jeffrey M. Zirger, • Federal eRulemaking Portal: publishing this notice of a proposed Health Scientist, Acting Chief, Information Regulations.gov. Follow the instructions data collection as described below. Collection Review Office, Office of Scientific for submitting comments. Comments are invited on: (a) Whether Integrity, Office of the Associate Director for • Mail: Jeffrey M. Zirger, Information the proposed collection of information Science, Office of the Director, Centers for Collection Review Office, Centers for is necessary for the proper performance Disease Control and Prevention. Disease Control and Prevention, 1600 [FR Doc. 2016–18934 Filed 8–9–16; 8:45 am] Clifton Road NE., MS–D74, Atlanta, of the functions of the agency, including whether the information shall have BILLING CODE 4163–18–P Georgia 30329. Instructions: All submissions received practical utility; (b) the accuracy of the must include the agency name and agency’s estimate of the burden of the DEPARTMENT OF HEALTH AND Docket Number. All relevant comments proposed collection of information; (c) HUMAN SERVICES received will be posted without change ways to enhance the quality, utility, and to Regulations.gov, including any clarity of the information to be Centers for Disease Control and personal information provided. For collected; (d) ways to minimize the Prevention access to the docket to read background burden of the collection of information [60Day–16–16AWK: Docket No. CDC–2016– documents or comments received, go to on respondents, including through the 0079] Regulations.gov. use of automated collection techniques Please note: All public comment or other forms of information Proposed Data Collection Submitted should be submitted through the technology; and (e) estimates of capital for Public Comment and Federal eRulemaking portal or start-up costs and costs of operation, Recommendations (Regulations.gov) or by U.S. mail to the maintenance, and purchase of services address listed above. to provide information. Burden means AGENCY: Centers for Disease Control and FOR FURTHER INFORMATION CONTACT: To the total time, effort, or financial Prevention (CDC), Department of Health request more information on the and Human Services (HHS). resources expended by persons to proposed project or to obtain a copy of generate, maintain, retain, disclose or ACTION: Notice with comment period. the information collection plan and provide information to or for a Federal instruments, contact the Information SUMMARY: agency. This includes the time needed The Centers for Disease Collection Review Office, Centers for Control and Prevention (CDC), as part of to review instructions; to develop, Disease Control and Prevention, 1600 acquire, install and utilize technology its continuing efforts to reduce public Clifton Road NE., MS–D74, Atlanta, burden and maximize the utility of and systems for the purpose of Georgia 30329; phone: 404–639–7570; collecting, validating and verifying government information, invites the Email: [email protected]. general public and other Federal information, processing and SUPPLEMENTARY INFORMATION: Under the agencies to take this opportunity to maintaining information, and disclosing Paperwork Reduction Act of 1995 (PRA) comment on proposed and/or and providing information; to train (44 U.S.C. 3501–3520), Federal agencies continuing information collections, as personnel and to be able to respond to must obtain approval from the Office of required by the Paperwork Reduction a collection of information, to search Management and Budget (OMB) for each data sources, to complete and review Act of 1995. This notice invites collection of information they conduct the collection of information; and to comment on Survey of Surveillance or sponsor. In addition, the PRA also transmit or otherwise disclose the Records of Aedes aegypti and Aedes requires Federal agencies to provide a albopictus from 1960 to Present. This 60-day notice in the Federal Register information. project consists of the collection of concerning each proposed collection of Proposed Project county and sub-county-level records for information, including each new Aedes aegypti and Ae. albopictus, the proposed collection, each proposed Survey of Surveillance Records of vectors of Zika virus. extension of existing collection of Aedes aegypti and Aedes albopictus DATES: Written comments must be information, and each reinstatement of from 1960 to Present—New—National received on or before October 11, 2016. previously approved information Center for Emerging and Zoonotic ADDRESSES: You may submit comments, collection before submitting the Infectious Diseases (NCEZID), Centers identified by Docket No. CDC–2016– collection to OMB for approval. To for Disease Control and Prevention 0079 by any of the following methods: comply with this requirement, we are (CDC).

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Background and Brief Description find Zika vectors based on historical and sub-county-level records for Aedes The Zika virus response necessitates records and environmental suitability. It aegypti and Ae. albopictus, the vectors the collection of county and sub-county is likely that the reason for this is of Zika virus. The resulting maps and level records for Aedes aegypti and Ae. because from 2004–2015 most vector models will: Inform the public and albopictus, the vectors of Zika virus. surveillance focused on vectors of West policy makers of the known distribution This information will be used to update Nile virus (Culex spp.) rather than Zika of these vectors, identify gaps in vector species distribution maps for the United vectors. As part of the Zika response, surveillance, and target allocation of States and to develop a model aimed at efforts to identify Ae. aegypti and Ae. surveillance and prevention resources. identifying where these vectors can albopictus in the continental U.S. were Respondents will include vector survive and reproduce. CDC is seeking substantially enhanced during 2016 and control professionals, entomologists, six months of OMB clearance to collect funding will be provided to states to and public health professionals who information. continue to enhance surveillance for will be contacted by email, primarily In February, 2016, OMB issued these vectors. By repeating the survey, through listserves of professional emergency clearance for a county-level we will have a more complete organizations. They will be asked for survey of vector surveillance records assessment of where these vectors are their voluntary participation in a short (OMB Control No. 0920–1101, currently being reported. In the new survey to assess the distribution of expiration date 8/31/2016). This survey, we will also seek information on Aedes aegypti and Aedes albopictus at information collection will be nearly a locations of the mosquito traps at sub- county and sub-county spatial scales in repeat of that survey. county spatial scales. Such information the U.S. The previous survey aimed to will aid in (1) targeting vector control This information collection request is describe the current reported efforts to prevent mosquito-borne Zika authorized by Section 301 of the Public distribution of the Zika virus vectors virus transmission in the continental Health Service Act (42 U.S.C. 241). The Aedes aegypti and Ae. albopictus. The U.S. and (2) targeting future vector total estimated annualized number of survey revealed that we are lacking surveillance efforts. burden hours is 125. There will be no records from recent years of both The purpose of the mosquito anticipated costs to respondents other species from areas where we expect to surveillance survey is to collect county than time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Vector control professionals, ento- Survey of county-level surveillance 500 1 15/60 125 mologists, and Public health bi- records of Aedes aegypti and ologists. Aedes albopictus. Total ...... 125

Jeffrey M. Zirger, information from the public. Under the ADDRESSES: When commenting on the Health Scientist, Acting Chief, Information Paperwork Reduction Act of 1995 proposed information collections, Collection Review Office, Office of Scientific (PRA), federal agencies are required to please reference the document identifier Integrity, Office of the Associate Director for publish notice in the Federal Register or OMB control number. To be assured Science, Office of the Director, Centers for concerning each proposed collection of consideration, comments and Disease Control and Prevention. information, including each proposed recommendations must be received by [FR Doc. 2016–18936 Filed 8–9–16; 8:45 am] extension or reinstatement of an existing the OMB desk officer via one of the BILLING CODE 4163–18–P collection of information, and to allow following transmissions: OMB, Office of a second opportunity for public Information and Regulatory Affairs, comment on the notice. Interested Attention: CMS Desk Officer, Fax DEPARTMENT OF HEALTH AND persons are invited to send comments Number: (202) 395–5806 OR, Email: HUMAN SERVICES regarding the burden estimate or any [email protected]. To obtain copies of a supporting Centers for Medicare & Medicaid other aspect of this collection of statement and any related forms for the Services information, including any of the following subjects: The necessity and proposed collection(s) summarized in [Document Identifier: CMS–10463 and CMS– utility of the proposed information this notice, you may make your request 10469] collection for the proper performance of using one of following: 1. Access CMS’ Web site address at Agency Information Collection the agency’s functions; the accuracy of the estimated burden; ways to enhance http://www.cms.hhs.gov/Paperwork Activities: Submission for OMB ReductionActof1995. Review; Comment Request the quality, utility, and clarity of the information to be collected; and the use 2. Email your request, including your AGENCY: Centers for Medicare & of automated collection techniques or address, phone number, OMB number, Medicaid Services. other forms of information technology to and CMS document identifier, to [email protected]. ACTION: Notice. minimize the information collection burden. 3. Call the Reports Clearance Office at SUMMARY: The Centers for Medicare & (410) 786–1326. Medicaid Services (CMS) is announcing DATES: Comments on the collection(s) of FOR FURTHER INFORMATION CONTACT: an opportunity for the public to information must be received by the Reports Clearance Office at (410) 786– comment on CMS’ intention to collect OMB desk officer by September 9, 2016. 1326.

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SUPPLEMENTARY INFORMATION: Under the provided in 81 FR 29268 (May 11, Number of Respondents: 575; Total Paperwork Reduction Act of 1995 (PRA) 2016). Form Number: CMS–10463 (OMB Annual Responses: 575; Total Annual (44 U.S.C. 3501–3520), federal agencies control number: 0938–1215); Frequency: Hours: 13,200. (For policy questions must obtain approval from the Office of Annually; Quarterly; Monthly; Weekly; regarding this collection contact Pat Management and Budget (OMB) for each and Quarterly; Affected Public: Private Meisol at 410–786–1917.) collection of information they conduct sector; Number of Respondents: 102; Dated: August 5, 2016. Total Annual Responses: 102; 408; or sponsor. The term ‘‘collection of William N. Parham, III, information’’ is defined in 44 U.S.C. 1,224; 5,304; Total Annual Hours: 24,729. (For policy questions regarding Director, Paperwork Reduction Staff, Office 3502(3) and 5 CFR 1320.3(c) and of Strategic Operations and Regulatory includes agency requests or this collection, contact Gian Johnson at Affairs. requirements that members of the public 301–492–4323.) [FR Doc. 2016–18986 Filed 8–9–16; 8:45 am] submit reports, keep records, or provide 2. Type of Information Collection BILLING CODE 4120–01–P information to a third party. Section Request: Extension of a currently 3506(c)(2)(A) of the PRA (44 U.S.C. approved collection; Title of Information Collection: Issuer Reporting 3506(c)(2)(A)) requires federal agencies DEPARTMENT OF HEALTH AND Requirements for Selecting a Cost- to publish a 30-day notice in the HUMAN SERVICES Federal Register concerning each Sharing Reductions Reconciliation proposed collection of information, Methodology; Use: Sections 1402 and Food and Drug Administration including each proposed extension or 1412 of the Affordable Care Act provide reinstatement of an existing collection for reductions in cost sharing on [Docket Nos. FDA–2014–N–1721; FDA– of information, before submitting the essential health benefits for low- and 2012–N–0248; FDA–2011–N–0449; FDA– collection to OMB for approval. To moderate-income enrollees in silver 2012–N–0748; FDA–2012–N–0961; FDA– comply with this requirement, CMS is level qualified health plans (QHP) on 2012–N–0921; FDA–2014–N–0189; FDA– 2004–N–0258] publishing this notice that summarizes individual market Exchanges. It also provides for reductions in cost sharing the following proposed collection(s) of Agency Information Collection information for public comment: for Indians enrolled in QHPs at any metal level. These cost-sharing Activities; Announcement of Office of 1. Type of Information Collection reductions will help eligible individuals Management and Budget Approvals Request: Revision of a currently and families afford the out-of-pocket approved collection; Title of AGENCY: Food and Drug Administration, spending associated with health care HHS. Information Collection: Cooperative services provided through Exchange- ACTION: Notice. Agreement to Support Navigators in based QHP coverage. Federally-facilitated and State The law directs QHP issuers to notify Partnership Exchanges; Use: Section SUMMARY: The Food and Drug the Secretary of the Department of Administration (FDA) is publishing a 1311(i) of the Affordable Care Act Health and Human Services (HHS) of requires Exchanges (Marketplaces) to list of information collections that have cost-sharing reductions made under the been approved by the Office of establish a Navigator grant program as statute for qualified individuals, and part of its function to provide Management and Budget (OMB) under directs the Secretary to make periodic the Paperwork Reduction Act of 1995. consumers with assistance when they and timely payments to the QHP issuer need it. Navigators will assist equal to the value of those reductions. FOR FURTHER INFORMATION CONTACT: FDA consumers by providing education Further, the law permits advance PRA Staff, Office of Operations, Food about and facilitating selection of payment of the cost-sharing reduction and Drug Administration, Three White qualified health plans (QHPs) within amounts to QHP issuers based upon Flint North, 10A63, 11601 Landsdown Marketplaces, as well as other required amounts specified by the Secretary. St., North Bethesda, MD 20852, duties. Section 1311(i) requires that a Under established HHS regulations, [email protected]. Marketplace operating as of January 1, QHP issuers will receive advance SUPPLEMENTARY INFORMATION: The 2014, must establish a Navigator payments of the cost-sharing reductions following is a list of FDA information Program under which it awards grants throughout the year. Each issuer will collections recently approved by OMB to eligible individuals or entities who then be subject to one of two under section 3507 of the Paperwork satisfy the requirements to be Exchange reconciliation processes after the year to Reduction Act of 1995 (44 U.S.C. 3507). Navigators. For Federally-facilitated ensure that HHS reimbursed each issuer The OMB control number and Marketplaces (FFMs) and State the correct cost-sharing portion of expiration date of OMB approval for Partnership Marketplaces (SPMs), CMS advance payments. This information each information collection are shown will be awarding these grants. Navigator collection request establishes the data in table 1. Copies of the supporting awardees must provide weekly, collection requirements for a QHP issuer statements for the information monthly, quarterly, and annual progress to report to HHS which reconciliation collections are available on the Internet reports to CMS on the activities reporting option the issuer will be at http://www.reginfo.gov/public/do/ performed during the grant period and subject to for a given benefit year. Form PRAMain. An Agency may not conduct any sub-awardees receiving funds. CMS Number: CMS–10469 (OMB control or sponsor, and a person is not required has modified the data collection number: 0938–1214); Frequency: to respond to, a collection of requirements for the weekly, monthly, Annually; Affected Public: Private information unless it displays a quarterly, and annual reports that were sector (Businesses or other for-profits); currently valid OMB control number.

TABLE 1—LIST OF INFORMATION COLLECTIONS APPROVED BY OMB

OMB control Date approval Title of collection No. expires

Investigational New Drug Regulations ...... 0910–0014 2/28/2019

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TABLE 1—LIST OF INFORMATION COLLECTIONS APPROVED BY OMB—Continued

OMB control Date approval Title of collection No. expires

Guidance for Industry on Formal Dispute Resolutions; Appeals Above the Division Level ...... 0910–0430 2/28/2019 SPF Labeling and Testing Requirements for OTC Sunscreen Products ...... 0910–0717 2/28/2019 Generic Drug User Fee Cover Sheet—Form FDA 3794 ...... 0910–0727 2/28/2019 Environmental Impact Considerations ...... 0910–0322 4/30/2019 FDA Adverse Event Reports; Electronic Submissions ...... 0910–0645 5/31/2019 Importer’s Entry Notice ...... 0910–0046 6/30/2019 Exports: Notification and Recordkeeping Requirements ...... 0910–0482 6/30/2019 Focused Mitigation Strategies to Protect Food Against Intentional Adulteration ...... 0910–0812 6/30/2019

Dated: August 5, 2016. Silver Spring, MD 20993–0002, 301– orally or in writing, on issues pending Jeremy Sharp, 796–9001, FAX: 301–847–8533, before the committee. Written Deputy Commissioner for Policy, Planning, [email protected], or FDA submissions may be made to the contact Legislation, and Analysis. Advisory Committee Information Line, person on or before September 21, 2016. [FR Doc. 2016–19021 Filed 8–9–16; 8:45 am] 1–800–741–8138 (301–443–0572 in the Oral presentations from the public will BILLING CODE 4164–01–P Washington, DC area). A notice in the be scheduled between approximately 1 Federal Register about last minute p.m. and 2 p.m. Those individuals modifications that impact a previously interested in making formal oral DEPARTMENT OF HEALTH AND announced advisory committee meeting presentations should notify the contact HUMAN SERVICES cannot always be published quickly person and submit a brief statement of enough to provide timely notice. the general nature of the evidence or Food and Drug Administration Therefore, you should always check the arguments they wish to present, the [Docket No. FDA–2016–N–0001] Agency’s Web site at http:// names and addresses of proposed www.fda.gov/AdvisoryCommittees/ participants, and an indication of the Anesthetic and Analgesic Drug default.htm and scroll down to the approximate time requested to make Products Advisory Committee and the appropriate advisory committee meeting their presentation on or before Drug Safety and Risk Management link, or call the advisory committee September 13, 2016. Time allotted for Advisory Committee; Notice of Meeting information line to learn about possible each presentation may be limited. If the modifications before coming to the number of registrants requesting to AGENCY: Food and Drug Administration, meeting. HHS. speak is greater than can be reasonably SUPPLEMENTARY INFORMATION: accommodated during the scheduled ACTION: Notice. Agenda: The committees will be open public hearing session, FDA may SUMMARY: The Food and Drug asked to discuss naloxone products conduct a lottery to determine the Administration (FDA) announces a intended for use in the community, speakers for the scheduled open public forthcoming public advisory committee specifically the most appropriate dose hearing session. The contact person will meeting of the Anesthetic and Analgesic or doses of naloxone to reverse the notify interested persons regarding their Drug Products Advisory Committee and effects of life-threatening opioid request to speak by September 14, 2016. overdose in all ages, and the role of the Drug Safety and Risk Management Persons attending FDA’s advisory having multiple doses available in this Advisory Committee. The general committee meetings are advised that the setting. The committees will also be function of the committees is to provide Agency is not responsible for providing asked to discuss the criteria prescribers advice and recommendations to the access to electrical outlets. Agency on FDA’s regulatory issues. The will use to select the most appropriate meeting will be open to the public. dose in advance of an opioid overdose FDA welcomes the attendance of the event and the labeling to inform this public at its advisory committee DATES: The meeting will be held on meetings and will make every effort to October 5, 2016, from 8 a.m. to 5 p.m. decision, if multiple doses are available. FDA intends to make background accommodate persons with disabilities. ADDRESSES: FDA White Oak Campus, material available to the public no later If you require accommodations due to a 10903 New Hampshire Ave., Bldg. 31 than 2 business days before the meeting. disability, please contact Jennifer Conference Center, the Great Room (Rm. If FDA is unable to post the background Shepherd at least 7 days in advance of 1503), Silver Spring, MD 20993–0002. material on its Web site prior to the the meeting. Answers to commonly asked questions meeting, the background material will FDA is committed to the orderly including information regarding special be made publicly available at the conduct of its advisory committee accommodations due to a disability, location of the advisory committee meetings. Please visit our Web site at visitor parking, and transportation may meeting, and the background material http://www.fda.gov/ be accessed at: http://www.fda.gov/ will be posted on FDA’s Web site after AdvisoryCommittees/ AdvisoryCommittees/ the meeting. Background material is AboutAdvisoryCommittees/ AboutAdvisoryCommittees/ available at http://www.fda.gov/ ucm408555.htm. AdvisoryCommittees/Calendar/ ucm111462.htm for procedures on public conduct during advisory FOR FURTHER INFORMATION CONTACT: default.htm. Scroll down to the Jennifer Shepherd, Center for Drug appropriate advisory committee meeting committee meetings. Evaluation and Research, Food and link. Notice of this meeting is given under Drug Administration, 10903 New Procedure: Interested persons may the Federal Advisory Committee Act (5 Hampshire Ave., Bldg. 31, Rm. 2417, present data, information, or views, U.S.C. app. 2).

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Dated: August 5, 2016. DATES: Comments on this Information Telehealth (OAT) worked with its Janice M. Soreth, Collection Request must be received no grantees to develop performance Acting Associate Commissioner, Special later than October 11, 2016. measures that are used to evaluate and Medical Programs. ADDRESSES: Submit your comments to monitor the progress of the grantees. [FR Doc. 2016–19005 Filed 8–9–16; 8:45 am] [email protected] or mail the HRSA Grantee goals are to: Improve access to BILLING CODE 4164–01–P Information Collection Clearance needed services; reduce rural Officer, Room 10–29, 5600 Fishers Lane, practitioner isolation; improve health Rockville, MD 20857. system productivity and efficiency; and DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: To improve patient outcomes. In each of HUMAN SERVICES request more information on the these categories, specific indicators proposed project or to obtain a copy of were designed to be reported through a Health Resources and Services the data collection plans and draft performance monitoring Web site. New Administration instruments, email [email protected] measures are being added to the Telehealth Network Grant Program and Agency Information Collection or call the HRSA Information Collection Clearance Officer at (301) 443–1984. all measures speak to OAT’s progress Activities: Proposed Collection: Public toward meeting the goals. Comment Request; Office for the SUPPLEMENTARY INFORMATION: When submitting comments or requesting Likely Respondents: Telehealth Advancement of Telehealth Outcome Network Grantees. Measures information, please include the information request collection title for Burden Statement: Burden in this context means the time expended by AGENCY: Health Resources and Services reference. persons to generate, maintain, retain, Administration, HHS. Information Collection Request Title: Office for the Advancement of disclose or provide the information ACTION: Notice. Telehealth Outcome Measures. requested. This includes the time OMB No.: 0915–0311—Revision. needed to review instructions; to SUMMARY: In compliance with the Abstract: In order to help carry out its develop, acquire, install and utilize requirement for opportunity for public mission, the Office for the Advancement technology and systems for the purpose comment on proposed data collection of Telehealth (OAT) created a set of of collecting, validating and verifying projects (section 3506(c)(2)(A) of the performance measures that grantees can information, processing and Paperwork Reduction Act of 1995), the use to evaluate the effectiveness of their maintaining information, and disclosing Health Resources and Services services programs and monitor their and providing information; to train Administration (HRSA) announces progress through the use of performance personnel and to be able to respond to plans to submit an Information reporting data. a collection of information; to search Collection Request (ICR), described Need and Proposed Use of the data sources; to complete and review below, to the Office of Management and Information: As required by the the collection of information; and to Budget (OMB). Prior to submitting the Government Performance and Review transmit or otherwise disclose the ICR to OMB, HRSA seeks comments Act of 1993 (GPRA), all federal agencies information. The total annual burden from the public regarding the burden must develop strategic plans describing hours estimated for this Information estimate, below, or any other aspect of their overall goal and objectives. The Collection Request are summarized in the ICR. Office for the Advancement of the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

Performance Improvement Measurement System (PIMS) .. 200 2 400 7 2,800

Total ...... 200 ...... 400 ...... 2,800

HRSA specifically requests comments technology to minimize the information DEPARTMENT OF HEALTH AND on (1) the necessity and utility of the collection burden. HUMAN SERVICES proposed information collection for the Jackie Painter, proper performance of the agency’s Opportunity To Apply for Office on functions, (2) the accuracy of the Senior Advisor, Division of the Executive Women’s Health 25th Anniversary estimated burden, (3) ways to enhance Secretariat. Partnership Award, Trailblazer Award, the quality, utility, and clarity of the [FR Doc. 2016–18944 Filed 8–9–16; 8:45 am] and Emerging Leader Award BILLING CODE 4165–15–P information to be collected, and (4) the AGENCY: Office of the Secretary, Office use of automated collection techniques of the Assistant Secretary for Health, or other forms of information Office on Women’s Health, Department of Health and Human Services. ACTION: Notice.

SUMMARY: Pursuant to 42 U.S.C. 300u, 42 U.S.C. 300u–2, and 42 U.S.C. 237a (§ 3509 of the Patient Protection and Affordable Care Act), notice is given

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that the Office on Women’s Health academic, and other organizations at the history of the organization or individual (OWH) is soliciting award nominations national and community levels. and (2) how the organization or in honor of its 25th anniversary from This year marks the office’s 25th individual satisfies the criteria detailed individuals and organizations for the anniversary and OWH is hosting an above. The award recipient will be following three awards: event in the Washington, DC area to invited to attend the award ceremony to • Partnership Award: The Partnership celebrate this important milestone. The be held in mid-October. Award recognizes an outstanding event will feature a panel discussion partner organization of OWH. This focusing on the future of women’s Evaluation Criteria: OWH will select organization has demonstrated a health, followed by an awards ceremony award recipients based on how they commitment to improving women’s to recognize organizations, partners, and meet the criteria detailed above. health and its efforts have resulted in individuals who helped improve the Expressions of interest should outline measurable results that increased health and well-being of women and eligibility in response to the awareness about OWH, its initiative(s), girls in the U.S. over the past 25 years. qualifications bulleted above and be no or observance(s). more than two pages in length, single- Eligibility for Award • Trailblazer Award: The Trailblazer spaced, and 12 point font. Award recognizes an individual who To be eligible, applicants must meet has paved the way for advancement in the following criteria. Dated: August 4, 2016. women’s health by being an innovator, • Partnership Award: The Nancy C. Lee, a visionary, and a changemaker. The organization (public sector, private Deputy Assistant Secretary for Health— recipient of this award could include a sector, or academic institution): Women’s Health Director, Office on Women’s Æ researcher, advocate, or policymaker, Supported an OWH-led observance Health. and could be either a government or or initiative between June 2011–2016. [FR Doc. 2016–19007 Filed 8–9–16; 8:45 am] Æ Is not currently funded by OWH. non-government employee. Æ BILLING CODE 4150–42–P • Emerging Leader Award: The Demonstrated its commitment to Emerging Leader Award recognizes an making women’s health a priority and individual in the early stages of their has created initiatives or programs DEPARTMENT OF HEALTH AND career who is already making a outside of its OWH partnership to HUMAN SERVICES improve women’s health. difference in women’s health. The Æ recipient of this award could include a Produced measurable results that Office of the Secretary researcher, advocate, or policymaker, increased awareness about OWH, its and could be either a government or initiative(s), or observance(s). Notice of Interest Rate on Overdue non-government employee. (Measurable results could include social Debts media analytics, Web site analytics, DATES: Individuals and representatives program participants, patients helped, Section 30.18 of the Department of of eligible organizations should submit providers trained, media coverage, etc.) expressions of interest no later than 6:00 • Health and Human Services’ claims Trailblazer Award: The candidate collection regulations (45 CFR part 30) p.m. EST on August 25, 2016. (public sector, private sector, or Representatives may nominate provides that the Secretary shall charge academic institution): an annual rate of interest, which is themselves or another person or Æ Supported or played a role in the determined and fixed by the Secretary organization. advancement of women’s health over of the Treasury after considering private ADDRESSES: Expressions of interest the last 25 years. These results should consumer rates of interest on the date should be directed electronically to be measureable. that the Department of Health and [email protected] or mailed to the Æ Advanced women’s health through Office on Women’s Health, Office of the research, advocacy, or policy in the Human Services becomes entitled to Assistant Secretary for Health, United States. recovery. The rate cannot be lower than Department of Health and Human Æ Mentored other leaders or the Department of Treasury’s current Services, 200 Independence Avenue individuals and has encouraged them to value of funds rate or the applicable rate SW., Room 732F, Washington, DC advance women’s health through their determined from the ‘‘Schedule of 20201. Attention: Aaron Polacek. own initiatives. Certified Interest Rates with Range of Æ Maturities’’ unless the Secretary waives FOR FURTHER INFORMATION CONTACT: Has exhibited both integrity and a Questions may be directed to Aaron willingness to collaborate with others to interest in whole or part, or a different Polacek, Office on Women’s Health, 200 progress women’s health. rate is prescribed by statute, contract, or • Emerging Leader Award: The Independence Avenue SW., Room 732F, repayment agreement. The Secretary of candidate (public sector, private sector, Washington, DC 20201. Email: the Treasury may revise this rate or academic institution): quarterly. The Department of Health and [email protected]. Æ Has supported or played a role in Human Services publishes this rate in SUPPLEMENTARY INFORMATION: The OWH the advancement of women’s health was established in 1991 to improve the the Federal Register. over the last five years (June 2011–June 5 health of American women by 2016). The current rate of 9 ⁄8%, as fixed by advancing and coordinating a Æ Is in the first ten years of their the Secretary of the Treasury, is certified comprehensive women’s health agenda career and is implementing innovative for the quarter ended June 30, 2016. throughout the Department of Health strategies in women’s health. This rate is based on the Interest Rates and Human Service (HHS). The OWH Æ Advanced women’s health through for Specific Legislation, ‘‘National provides national leadership and research, education, advocacy, or policy Health Services Corps Scholarship coordination to improve the health of in the United States. Program (42 U.S.C. 254o(b)(1)(A))’’ and women and girls through policy, Æ Has exhibited integrity and a ‘‘National Research Service Award education, and model programs. The willingness to collaborate with others to Program (42 U.S.C. 288(c)(4)(B)).’’ This office fulfills its mission by advancing progress women’s health. interest rate will be applied to overdue policy and issuing competitive contracts Each nomination shall contain a debt until the Department of Health and and grants to an array of community, description of: (1) The background and Human Services publishes a revision.

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Dated: July 14, 2016. www.samhsa.gov/about-us/advisory- with respect to women’s substance David C. Horn councils/ or by contacting CDR Castillo. abuse and mental health services. Director, Office of Financial Policy and Substantive program information may Pursuant to Presidential Executive Reporting. be obtained after the meeting by Order No. 13175, November 6, 2000, [FR Doc. 2016–18967 Filed 8–9–16; 8:45 am] accessing the SAMHSA Council’s Web and the Presidential Memorandum of BILLING CODE 4150–04–P site, http://nac.samhsa.gov/, or by September 23, 2004, SAMHSA contacting CDR Castillo. established the TTAC for working with Council Name: Substance Abuse and Federally-recognized Tribes to enhance DEPARTMENT OF HEALTH AND Mental Health Services Administration, the government-to-government HUMAN SERVICES National Advisory Council. relationship, honor Federal trust Date/Time/Type: August 26, 2016, responsibilities and obligations to Substance Abuse and Mental Health 8:30 a.m. to 1:00 p.m. (EDT), Open. Tribes and American Indian and Alaska Services Administration Place: 5600 Fishers Lane, Rockville, Natives. The SAMHSA TTAC serves as Maryland 20857. an advisory body to SAMHSA. Notice of Meeting Contact: CDR Carlos Castillo, The theme for the August 25, 2016, combined meeting is The Intersection of Pursuant to Public Law 92–463, Committee Management Officer and Physical Health, Behavioral Health and notice is hereby given of the meeting of Designated Federal Official, SAMHSA Public Health. It will include remarks the Substance Abuse and Mental Health National Advisory Council, 5600 Fishers Lane, Room 18E77A, Rockville, from the Principal Deputy Services Administration’s (SAMHSA) Administrator, and a report on National Advisory Council (NAC) on Maryland 20857 (mail), Telephone: (240) 276–2787, Email: carlos.castillo@ SAMHSA’s priorities and updates by August 26, 2016. the Centers and Office Directors. The samhsa.hhs.gov. The meeting will include a brief invited keynote speaker is the U.S. reflection on the August 25, 2016, Joint Summer King, Surgeon General, Vice Admiral Vivek H. National Advisory Council meeting Statistician, SAMHSA. Murthy, M.D, M.B.A. The Acting (JNAC), followed by a presentation from Assistant Secretary for Health, Dr. Karen the keynote speaker, Mr. Michael [FR Doc. 2016–18949 Filed 8–9–16; 8:45 am] BILLING CODE 4162–20–P DeSalvo, will present on ‘‘Public Health Botticelli, Director of National Drug 3.0’’; followed by breakout groups Control Policy of the White House. discussions with the following titles: There will be a council discussion on DEPARTMENT OF HEALTH AND SAMHSA’s Role in Creating a Culture of the National Survey on Drug Use and HUMAN SERVICES Health; SAMHSA’s New Office of the Health Re-design presented by Daryl Chief Medical Officer: Outreach and Kade, Director of the Center for Substance Abuse and Mental Health Engagement; Meeting the Needs of Behavioral Health Statistics and Services Administration Super Utilizers; and Improving Grants Quality. Management for Diverse Populations. The meeting is open to the public and Notice of Meeting The meeting is open to the public and will be held at 5600 Fishers Lane, will be held at the Bethesda North Rockville, Maryland. Attendance by the Pursuant to Public Law 92–463, Marriot and Conference Center, 5701 public will be limited to space available. notice is hereby given of the combined Marinelli Road, Rockville, MD 20852. Interested persons may present data, meeting on August 25, 2016, of the Attendance by the public will be limited information, or views, orally or in Substance Abuse and Mental Health to space available. Interested persons writing, on issues pending before the Services Administration’s (SAMHSA) may present data, information, or views Council. Written submissions should be four National Advisory Councils: the orally or in writing, on issues pending received by the contact person on or SAMHSA National Advisory Council before the Council. Written submissions before August 16, 2016. Oral (NAC), the Center for Mental Health should be forwarded to the contact presentations from the public will be Services NAC, the Center for Substance person by August 15, 2016. Oral scheduled at the conclusion of the Abuse Prevention NAC, the Center for presentations from the public will be meeting. Individuals interested in Substance Abuse Treatment NAC; and scheduled at the conclusion of the making oral presentations are the two SAMHSA Advisory meeting. Individuals interested in encouraged to notify the contact on or Committees: Advisory Committee for making oral presentations are before August 16, 2016. Five minutes Women’s Services (ACWS) and the encouraged to notify the contact by will be allotted for each presentation. Tribal Technical Advisory Committee August 15, 2016. Five minutes will be The meeting may be accessed via (TTAC). allotted for each presentation. telephone. To attend on site; obtain the SAMHSA’s National Advisory The meeting may be accessed via call-in number, access code, and/or web Councils were established to advise the telephone and web conferencing will be access link; submit written or brief oral Secretary, Department of Health and available. To attend on site; obtain the comments; or request special Human Services (HHS); the call-in number, access code, and/or web accommodations for persons with Administrator, SAMHSA; and access link; submit written or brief oral disabilities, please register on-line at: SAMHSA’s Center Directors concerning comments; or request special http://nac.samhsa.gov/Registration/ matters relating to the activities carried accommodations for persons with meetingsRegistration.aspx, or out by and through the Centers and the disabilities, please register on-line at: communicate with SAMHSA’s policies respecting such activities. http://nac.samhsa.gov/Registration/ Committee Management Officer, CDR Under section 501 of the Public meetingsRegistration.aspx, or Carlos Castillo (see contact information Health Service Act, the ACWS is communicate with SAMHSA’s below). statutorily mandated to advise the Committee Management Officer, CDR Substantive meeting information and SAMHSA Administrator and the Carlos Castillo (see contact information a roster of Council members may be Associate Administrator for Women’s below). obtained either by accessing the Services on appropriate activities to be Meeting information and a roster of SAMHSA Council’s Web site at http:// undertaken by SAMHSA and its Centers Council members may be obtained

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either by accessing the SAMHSA will be limited to the space available. ACTION: Revocation of customs brokers’ Council’s Web site at http:// Interested persons may present data, licenses; correction. www.samhsa.gov/about-us/advisory- information, or views, orally or in councils/ or by contacting CDR Castillo. writing, on issues pending before the SUMMARY: This document corrects Substantive program information may Council. Written submissions should be twelve errors in the list of customs be obtained after the meeting by forwarded to the contact person on or brokers’ licenses revoked by operation accessing the SAMHSA Council’s Web before one week prior to the meeting. of law, without prejudice, for failure to site, http://nac.samhsa.gov/, or by Oral presentations from the public will file a triennial status report that U.S. contacting CDR Castillo. be scheduled at the conclusion of the Customs and Border Protection (CBP) Council Names: meeting. Individuals interested in published in the Federal Register on Substance Abuse and Mental Health Services making oral presentations are January 6, 2016. The twelve errors Administration National Advisory Council encouraged to notify the contact on or consist of nine omissions and three Center for Mental Health Services National before one week prior to the meeting. erroneous revocations. Advisory Council Five minutes maximum will be allotted Center for Substance Abuse Prevention for each presentation. DATES: This correction is effective on National Advisory Council To attend onsite, submit written or August 10, 2016. Center for Substance Abuse Treatment brief oral comments, or request special National Advisory Council FOR FURTHER INFORMATION CONTACT: Julia Advisory Committee for Women’s Services accommodations for persons with D. Peterson, Branch Chief, Broker Tribal Technical Advisory Committee disabilities, please register at the Management, Office of Trade, (202) Date/Time/Type: August 25, 2016, 8:30 SAMHSA Committees’ Web site, http:// 863–6601, [email protected]. a.m. to 5:00 p.m. EDT, Open. nac.samhsa.gov/Registration/ Place: Bethesda North Marriott and meetingsRegistration.aspx, or SUPPLEMENTARY INFORMATION: Conference Center, 5701 Marinelli Road, communicate with the CSAP Council’s Background Rockville, Maryland 20852. Designated Federal Officer (see contact Contact: CDR Carlos Castillo, Committee information below). Pursuant to section 641 of the Tariff Management Officer andDesignated Federal Substantive program information may Official, SAMHSA National Advisory Act of 1930, as amended, (19 U.S.C. Council, Room 18E77A, 5600 Fishers Lane, be obtained after the meeting by 1641) and section 111.30(d) of title 19 Rockville, Maryland 20857 (mail), accessing the SAMHSA Committee Web of the Code of Federal Regulations (19 Telephone: (240) 276–2787, Email: site, http://nac.samhsa.gov/, or by CFR 111.30(d)), a customs broker’s [email protected]. contacting the Designated Federal license will be revoked by operation of Officer. Summer King, law, without prejudice, for failure to file Statistician, SAMHSA. COMMITTEE NAME: Substance Abuse and a triennial status report. On January 6, Mental Health Services Administration, 2016, U.S. Customs and Border [FR Doc. 2016–18950 Filed 8–9–16; 8:45 am] Center for Substance Abuse Prevention, Protection (CBP) published in the BILLING CODE 4162–20–P National Advisory Council. Federal Register (81 FR 498) a list of DATE/TIME/TYPE: August 24, 2016, from customs brokers’ licenses revoked under DEPARTMENT OF HEALTH AND 9:30am to 4:30pm EST: (OPEN). 19 CFR 111.30(d) in alphabetical order HUMAN SERVICES PLACE: SAMHSA, 5600 Fishers Lane, by name with the names grouped Pavillion Room 5A02 (lobby level), according to the ports of issuance. That Substance Abuse and Mental Health Rockville, MD 20857, Adobe Connect document contained twelve (12) errors Services Administration webcast: https://samhsa- in the list of revoked customs brokers’ csap.adobeconnect.com/nac/. licenses. Specifically, nine (9) customs Center for Substance Abuse brokers’ names were omitted from the CONTACT: Matthew J. Aumen, Prevention; Notice of Meeting list of revoked customs brokers’ licenses Designated Federal Officer, SAMHSA and three (3) customs brokers’ names Pursuant to Public Law 92–463, CSAP NAC, 5600 Fishers Lane, were erroneously included in the list of notice is hereby given for the meeting of Rockville, MD 20857, Telephone: 240– revoked customs brokers’ licenses. This the Substance Abuse and Mental Health 276–2419, Fax: 301–480–8480, Email: Services Administration’s (SAMHSA) [email protected]. correction is being issued to identify the Center for Substance Abuse omitted customs brokers whose licenses Prevention National Advisory Council Summer King, were revoked by operation of law, (CSAP NAC) on August 24, 2016. Statistician, SAMHSA. without prejudice, for failure to file a The Council was established to advise [FR Doc. 2016–18923 Filed 8–9–16; 8:45 am] triennial status report, and to identify the Secretary, Department of Health and BILLING CODE 4162–20–P the customs brokers whose licenses Human Services (HHS); the were erroneously revoked and have Administrator, SAMHSA; and Center been reinstated. Director, CSAP concerning matters relating to the activities carried out by DEPARTMENT OF HOMELAND Correction SECURITY and through the Center and the policies In the Federal Register of January 6, respecting such activities. U.S. Customs and Border Protection 2016, in the document at 81 FR 498: The meeting will be open to the public and will include discussion of Notice of Revocation of Customs Beginning on page 498, in the list of the substance abuse prevention Brokers’ Licenses; Correction revoked customs broker licenses, add workforce, as well as updates on CSAP the entries for the following nine (9) programs and activities. AGENCY: U.S. Customs and Border customs brokers in alphabetical order by The meeting will be held in Rockville, Protection, Department of Homeland name and grouped according to the Maryland. Attendance by the public Security. ports of issuance:

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Anderson ...... Jamie L...... 20454 Anchorage. Anderson ...... Kirk ...... 23689 Minneapolis. Anderson ...... Steven J ...... 13365 Minneapolis. Braun ...... Holly ...... 11508 Minneapolis. Franzen ...... Steve ...... 16626 Minneapolis. Nielsen ...... Kelli ...... 20185 Minneapolis. Runeberg ...... Diane ...... 10162 Minneapolis. Senn ...... Ronald ...... 06226 Minneapolis. Stromgren ...... Linda ...... 06237 Minneapolis.

Also on page 498, remove the entry for the following customs broker:

Godfrey ...... Kimberly ...... 12089 Atlanta.

On page 504, remove the entry for the following customs brokers:

Tolbert ...... Shawn ...... 12568 Savannah. Wallace ...... Laura ...... 20785 Washington, DC.

Dated: August 2, 2016. ADDRESSES: Each LOMR is available for the community is required either to Brenda B. Smith, inspection at both the respective adopt or to show evidence of being Executive Assistant Commissioner, Office of Community Map Repository address already in effect in order to remain Trade. listed in the table below and online qualified for participation in the [FR Doc. 2016–18926 Filed 8–9–16; 8:45 am] through the FEMA Map Service Center National Flood Insurance Program BILLING CODE 9111–14–P at www.msc.fema.gov. (NFIP). FOR FURTHER INFORMATION CONTACT: Rick This new or modified flood hazard Sacbibit, Chief, Engineering Services information, together with the DEPARTMENT OF HOMELAND Branch, Federal Insurance and floodplain management criteria required SECURITY Mitigation Administration, FEMA, 400 by 44 CFR 60.3, are the minimum that C Street SW., Washington, DC 20472, are required. They should not be Federal Emergency Management (202) 646–7659, or (email) construed to mean that the community Agency [email protected]; or visit must change any existing ordinances [Docket ID FEMA–2016–0002] the FEMA Map Information eXchange that are more stringent in their (FMIX) online at floodplain management requirements. _ Changes in Flood Hazard www.floodmaps.fema.gov/fhm/fmx The community may at any time enact Determinations main.html. stricter requirements of its own or SUPPLEMENTARY INFORMATION: The pursuant to policies established by other AGENCY: Federal Emergency Federal Emergency Management Agency Federal, State, or regional entities. Management Agency, DHS. (FEMA) makes the final flood hazard This new or modified flood hazard ACTION: Final Notice. determinations as shown in the LOMRs determinations are used to meet the for each community listed in the table SUMMARY: New or modified Base (1- floodplain management requirements of below. Notice of these modified flood percent annual chance) Flood the NFIP and also are used to calculate hazard determinations has been Elevations (BFEs), base flood depths, the appropriate flood insurance published in newspapers of local premium rates for new buildings, and Special Flood Hazard Area (SFHA) circulation and 90 days have elapsed boundaries or zone designations, and/or for the contents in those buildings. The since that publication. The Deputy changes in flood hazard determinations regulatory floodways (hereinafter Associate Administrator for Insurance referred to as flood hazard are in accordance with 44 CFR 65.4. and Mitigation has resolved any appeals Interested lessees and owners of real determinations) as shown on the resulting from this notification. indicated Letter of Map Revision property are encouraged to review the The modified flood hazard final flood hazard information available (LOMR) for each of the communities determinations are made pursuant to listed in the table below are finalized. at the address cited below for each section 206 of the Flood Disaster community or online through the FEMA Each LOMR revises the Flood Insurance Protection Act of 1973, 42 U.S.C. 4105, Rate Maps (FIRMs), and in some cases Map Service Center at and are in accordance with the National www.msc.fema.gov. the Flood Insurance Study (FIS) reports, Flood Insurance Act of 1968, 42 U.S.C. currently in effect for the listed 4001 et seq., and with 44 CFR part 65. (Catalog of Federal Domestic Assistance No. communities. The flood hazard For rating purposes, the currently 97.022, ‘‘Flood Insurance.’’) determinations modified by each LOMR effective community number is shown Dated: August 2, 2016. will be used to calculate flood insurance and must be used for all new policies Roy E. Wright, premium rates for new buildings and and renewals. Deputy Associate Administrator for Insurance their contents. The new or modified flood hazard and Mitigation, Department of Homeland DATES: The effective date for each information is the basis for the Security, Federal Emergency Management LOMR is indicated in the table below. floodplain management measures that Agency.

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Location and case Chief executive officer of Effective date Community State and county No. community Community map repository of modification No.

Arkansas: Crawford (FEMA City of Alma (14– The Honorable Keith Greene, Mayor, Water Department, 804 Fay- May 13, 2016 ...... 050236 Docket No.: B– 06–2666P). City of Alma, 804 Fayetteville Avenue, etteville Avenue, Alma, AR 1605). Alma, AR 72921. 72921. Crawford (FEMA Unincorporated The Honorable John Hall, Crawford Crawford County Department May 13, 2016 ...... 050428 Docket No.: B– areas of Crawford County Judge, 300 Main Street, Room of Emergency Management, 1605). County (14–06– 4, Van Buren, AR 72956. 1820 Chestnut Street, Van 2666P). Buren, AR 72956. Colorado: Archuleta (FEMA Unincorporated The Honorable Michael Whiting, Chair- Archuleta County Development May 20, 2016 ...... 080273 Docket No.: B– areas of Archuleta man, Archuleta County Board of Com- Services Department, P.O. 1607). County missioners, P.O. Box 1507, Pagosa Box 1507, Pagosa Springs, (14-08-0969P). Springs, CO 81147. CO 81147. Denver (FEMA Dock- City and County of The Honorable Michael B. Hancock, Department of Public Works, May 19, 2016 ...... 080046 et No.: B–1607). Denver (15–08– Mayor, City and County of Denver, 201 West Colfax Avenue, 1275P). 1437 Bannock Street, Suite 350, Den- Denver, CO 80202. ver, CO 80202. Weld (FEMA Docket Unincorporated The Honorable Barbara Kirkmeyer, Weld County Planning and May 13, 2016 ...... 080266 No.: B–1605). areas of Weld Chair, Weld County Board of Commis- Zoning Department, 1555 County (15–08– sioners, P.O. Box 758, Greeley, CO North 17th Avenue, Greeley, 1446P). 80632. CO 80631. Delaware: New Castle Unincorporated The Honorable Thomas P. Gordon, New New Castle County Land Use May 11, 2016 ...... 105085 (FEMA Docket No.: B– areas of New Castle County Executive, 87 Reads Department, 87 Reads Way, 1605). Castle County Way, New Castle, DE 19720. New Castle, DE 19720. (15–03–2443P). Florida: Lee (FEMA Docket Unincorporated The Honorable Frank Mann, Chairman, Lee County Community Devel- May 11, 2016 ...... 125124 No.: B–1605). areas of Lee Lee County Board of Commissioners, opment Department, 1500 County (16–04– District 5, P.O. Box 398, Fort Myers, Monroe Street, Fort Myers, 0292P). FL 33902. FL 33901. Pinellas (FEMA City of St. Peters- The Honorable Rick Kriseman, Mayor, Municipal Services Center, May 25, 2016 ...... 125148 Docket No.: B– burg (16–04– City of St. Petersburg, 175 5th Street Permit Division, 1 4th Street 1607). 0334P). North, St. Petersburg, FL 33701. North, St. Petersburg, FL 33701. Sumter (FEMA Dock- City of Fruitland The Honorable Chris Bell, Mayor, City of Building Department, 506 West May 20, 2016 ...... 120387 et No.: B–1607). Park (15–04– Fruitland Park, 506 West Berckman Berckman Street, Fruitland 3835P). Street, Fruitland Park, FL 34731. Park, FL 34731. Sumter (FEMA Dock- Unincorporated The Honorable Garry Breeden, Chair- Sumter County Development May 20, 2016 ...... 120296 et No.: B–1607). areas of Sumter man, Sumter County Board of Com- Department, 7375 Powell County (15–04– missioners, 7375 Powell Road, Wild- Road, Wildwood, FL 34785. 3835P). wood, FL 34785. Georgia: Lee (FEMA Docket City of Smithville The Honorable Jack Smith, Mayor, City City Hall, 116 South Main May 19, 2016 ...... 130349 No.: B–1607). (15–04–3746P). of Smithville, P.O. Box 180, Smithville, Street, Smithville, GA 31787. GA 31787. Lee (FEMA Docket Unincorporated The Honorable Rick Muggridge, Chair- Lee County Administration May 19, 2016 ...... 130122 No.: B–1607). areas of Lee man, Lee County Board of Commis- Building, 110 Starksville Av- County (15–04– sioners, 110 Starksville Avenue North, enue North, Leesburg, GA 3746P). Leesburg, GA 31763. 31763. Montana: Lewis and Unincorporated The Honorable Andy Hunthausen, Chair- Clark County Law Enforcement May 18, 2016 ...... 300038 Clark (FEMA Docket areas of Lewis man, Lewis and Clark County Board of Center, 221 Breckenridge No.: B–1607). and Clark County Commissioners, 316 North Park Ave- Avenue, Helena, MT 59601. (15–08–1239P). nue, Helena, MT 59623. Nevada: Clark (FEMA City of Henderson The Honorable Andy Hafen, Mayor, City Department of Public Works, Apr. 8, 2016 ...... 320005 Docket No.: B–1605). (15–09–3020P). of Henderson, P.O. Box 95050, MSC Parks and Recreation, P.O. 142, Henderson, NV 89009. Box 95050, MSC 131, Hen- derson, NV 89009. Pennsylvania: Dauphin Township of Lower The Honorable William B. Hawk, Chair- Township Government Office, May 20, 2016 ...... 420384 (FEMA Docket No.: B– Paxton (14–03– man, Township of Lower Paxton Board 425 Prince Street, Harris- 1607). 3302P). of Supervisors, 425 Prince Street, Har- burg, PA 17109. risburg, PA 17109. South Carolina: Charleston (FEMA Town of Mount The Honorable Linda Page, Mayor, Town Planning and Development May 11, 2016 ...... 455417 Docket No.: B– Pleasant (15–04– of Mount Pleasant, 100 Ann Edwards Department, 100 Ann 1605). A378P). Lane, Mount Pleasant, SC 29464. Edwards Lane, Mount Pleas- ant, SC 29464. Charleston (FEMA Unincorporated The Honorable J. Elliott Summey, Chair- Charleston County Building In- May 11, 2016 ...... 455413 Docket No.: B– areas of Charles- man, Charleston County Board of spection Services Depart- 1605). ton County (15– Commissioners, 4045 Bridgeview ment, 4045 Bridgeview 04–A378P). Drive, Suite B254, North Charleston, Drive, Suite A311, North SC 29405. Charleston, SC 29405. Tennessee: Williamson City of Brentwood The Honorable Regina Smithson, Mayor, City Hall, 5211 Maryland Way, May 19, 2016 ...... 470205 (FEMA Docket No.: B– (15–04–7313P). City of Brentwood, 5211 Maryland Brentwood, TN 37027. 1607). Way, Brentwood, TN 37027. Texas: Bexar (FEMA Docket City of San Antonio The Honorable Ivy R. Taylor, Mayor, City Transportation and Capital Im- May 18, 2016 ...... 480045 No.: B–1607). (15–06–2857P). of San Antonio, P.O. Box 839966, San provements Department, Antonio, TX 78283. Storm Water Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78205.

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Location and case Chief executive officer of Effective date Community State and county No. community Community map repository of modification No.

Collin (FEMA Docket City of Murphy (15– The Honorable Eric Barna, Mayor, City of City Hall, 206 North Murphy May 16, 2016 ...... 480137 No.: B–1607). 06–3827P). Murphy, 206 North Murphy Road, Mur- Road, Murphy, TX 75094. phy, TX 75094. Collin (FEMA Docket City of Wylie (15– The Honorable Eric Hogue, Mayor, City City Hall, 300 Country Club May 26, 2016 ...... 480759 No.: B–1607). 06–3379P). of Wylie, 300 Country Club Road, Road, Wylie, TX 75098. Building 100, Wylie, TX 75098. Cooke (FEMA Dock- City of Gainesville The Honorable Jim Goldsworthy, Mayor, Community Services Depart- Apr. 27, 2016 ...... 480154 et No.: B–1605). (14–06–4582P). City of Gainesville, 200 South Rusk ment, 104 West Hird Street, Street, Gainesville, TX 76240. Gainesville, TX 76240. Dallas (FEMA Dock- City of Dallas (15– The Honorable Mike Rawlings, Mayor, Trinity Watershed Manage- May 25, 2016 ...... 480171 et No.: B–1607). 06–3297P). City of Dallas, 1500 Marilla Street, ment Department, 320 East Room 5EN, Dallas, TX 75201. Jefferson Boulevard, Room 307, Dallas, TX 75203. Dallas (FEMA Dock- City of DeSoto (15– The Honorable Carl Sherman, Mayor, Engineering Department, 211 May 12, 2016 ...... 480172 et No.: B–1607). 06–2944P). City of DeSoto, 211 East Pleasant Run East Pleasant Run Road, Road, DeSoto, TX 75115. DeSoto, TX 75115. Dallas (FEMA Dock- City of Irving (15– The Honorable Beth Van Duyne, Mayor, Capital Improvement Program May 16, 2016 ...... 480180 et No.: B–1605). 06–1807P). City of Irving, 825 West Irving Boule- Department, Engineering vard, Irving, TX 75060. Section, 825 West Irving Boulevard, Irving, TX 75060. Harris (FEMA Docket City of Houston (15– The Honorable Sylvester Turner, Mayor, Public Works and Engineering May 18, 2016 ...... 480296 No.: B–1607). 06–0693P). City of Houston, P.O. Box 1562, Hous- Department, 1002 Wash- ton, TX 77251. ington Avenue, Houston, TX 77002. Harris (FEMA Docket Unincorporated The Honorable Edward M. Emmett, Har- Harris County Permit Office, May 18, 2016 ...... 480287 No.: B–1607). areas of Harris ris County Judge, 1001 Preston Street, 10555 Northwest Freeway, County (15–06– Suite 911, Houston, TX 77002. Suite 120, Houston, TX 0693P). 77092. Harris (FEMA Docket Unincorporated The Honorable Edward M. Emmett, Har- Harris County Permit Office, May 19, 2016 ...... 480287 No.: B–1607). areas of Harris ris County Judge, 1001 Preston Street, 10555 Northwest Freeway, County (16–06– Suite 911, Houston, TX 77002. Suite 120, Houston, TX 0003P). 77092. Hays (FEMA Docket City of San Marcos The Honorable Daniel Guerrero, Mayor, Engineering Department, 630 May 18, 2016 ...... 480505 No.: B–1607). (15–06–2311P). City of San Marcos, 630 East Hopkins East Hopkins Street, San Street, San Marcos, TX 78666. Marcos, TX 78666. Hays (FEMA Docket Unincorporated The Honorable Bert Cobb, M.D., Hays Hays County Environmental May 18, 2016 ...... 480321 No.: B–1607). areas of Hays County Judge, 111 East San Antonio Health Department, 1251 County (15–06– Street, Suite 300, San Marcos, TX Civic Center Loop, San 2311P). 78666. Marcos, TX 78666. Kaufman (FEMA City of Terrell (15– The Honorable Hal Richards, Mayor, City Engineering Department, 201 Apr. 1, 2016 ...... 480416 Docket No.: B– 06–2277P). of Terrell, 201 East Nash Street, East Nash Street, Terrell, TX 1605). Terrell, TX 75160. 75160. Kaufman (FEMA City of Terrell (15– The Honorable Hal Richards, Mayor, City Engineering Department, 201 May 16, 2016 ...... 480416 Docket No.: B– 06–2731P). of Terrell, 201 East Nash Street, East Nash Street, Terrell, TX 1607). Terrell, TX 75160. 75160. Kaufman (FEMA Unincorporated Kaufman County Public Works Depart- Kaufman County Public Works Apr. 1, 2016 ...... 480411 Docket No.: B– areas of Kaufman ment, 3003 South Washington, Kauf- Department, 3003 South 1605). County (15–06– man, TX 75142. Washington, Kaufman, TX 2277P). 75142. Montgomery (FEMA Unincorporated The Honorable Craig B. Doyal, Mont- Montgomery County Permitting May 13, 2016 ...... 480483 Docket No.: B– areas of Mont- gomery County Judge, 501 North Department, 501 North 1605). gomery County Thompson, Suite 401, Conroe, TX Thompson, Suite 100, Con- (15–06–2891P). 77301. roe, TX 77301. Travis (FEMA Docket Unincorporated The Honorable Sarah Eckhardt, Travis Travis County Administration May 26, 2016 ...... 481026 No.: B–1611). areas of Travis County Judge, P.O. Box 1748, Austin, Building, 700 Lavaca Street, County (15–06– TX 78767. 5th Floor, Austin, TX 78767. 4029P). Virginia: Albemarle (FEMA Unincorporated The Honorable Thomas Foley, Albemarle Albemarle County Department May 23, 2016 ...... 510006 Docket No.: B– areas of Albe- County Executive, 401 McIntire Road, of Community Development, 1611). marle County (15– Charlottesville, VA 22902. 401 McIntire Road, Char- 03–2153P). lottesville, VA 22902. Shenandoah (FEMA Unincorporated The Honorable Conrad A. Helsley, Chair- Shenandoah County GIS De- May 23, 2016 ...... 510147 Docket No.: B– areas of Shen- man, Shenandoah County Board of partment, 600 North Main 1611). andoah County Supervisors, 600 North Main Street, Street, Suite 102, Wood- (15–03–2087P). Suite 102, Woodstock, VA 22664. stock, VA 22664. Wyoming: Teton (FEMA Unincorporated The Honorable Barbara Allen, Chair, Teton County Engineering De- May 26, 2016 ...... 560094 Docket No.: B–1607). areas of Teton Teton County Board of Commis- partment, 320 South King County (16–08– sioners, P.O. Box 3594, Jackson, WY Street, Jackson, WY 83001. 0063P). 83001.

[FR Doc. 2016–18976 Filed 8–9–16; 8:45 am] BILLING CODE 9110–12–P

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DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: Rick qualified for participation in the SECURITY Sacbibit, Chief, Engineering Services National Flood Insurance Program Branch, Federal Insurance and (NFIP). Federal Emergency Management Mitigation Administration, FEMA, 400 This new or modified flood hazard Agency C Street SW., Washington, DC 20472, information, together with the [Docket ID FEMA–2016–0002] (202) 646–7659, or (email) floodplain management criteria required [email protected]; or visit by 44 CFR 60.3, are the minimum that Changes in Flood Hazard the FEMA Map Information eXchange are required. They should not be Determinations (FMIX) online at construed to mean that the community _ www.floodmaps.fema.gov/fhm/fmx must change any existing ordinances AGENCY: Federal Emergency main.html. Management Agency, DHS. that are more stringent in their ACTION: Final notice. SUPPLEMENTARY INFORMATION: The floodplain management requirements. Federal Emergency Management Agency The community may at any time enact SUMMARY: New or modified Base (FEMA) makes the final flood hazard stricter requirements of its own or (1-percent annual chance) Flood determinations as shown in the LOMRs pursuant to policies established by other Elevations (BFEs), base flood depths, for each community listed in the table Federal, State, or regional entities. Special Flood Hazard Area (SFHA) below. Notice of these modified flood This new or modified flood hazard boundaries or zone designations, and/or hazard determinations has been determinations are used to meet the regulatory floodways (hereinafter published in newspapers of local floodplain management requirements of referred to as flood hazard circulation and 90 days have elapsed the NFIP and also are used to calculate determinations) as shown on the since that publication. The Deputy the appropriate flood insurance indicated Letter of Map Revision Associate Administrator for Insurance premium rates for new buildings, and (LOMR) for each of the communities and Mitigation has resolved any appeals for the contents in those buildings. The listed in the table below are finalized. resulting from this notification. changes in flood hazard determinations Each LOMR revises the Flood Insurance The modified flood hazard are in accordance with 44 CFR 65.4. Rate Maps (FIRMs), and in some cases determinations are made pursuant to Interested lessees and owners of real the Flood Insurance Study (FIS) reports, section 206 of the Flood Disaster property are encouraged to review the currently in effect for the listed Protection Act of 1973, 42 U.S.C. 4105, final flood hazard information available communities. The flood hazard and are in accordance with the National at the address cited below for each determinations modified by each LOMR Flood Insurance Act of 1968, 42 U.S.C. community or online through the FEMA will be used to calculate flood insurance 4001 et seq., and with 44 CFR part 65. Map Service Center at premium rates for new buildings and For rating purposes, the currently www.msc.fema.gov. their contents. effective community number is shown DATES: The effective date for each and must be used for all new policies (Catalog of Federal Domestic Assistance No. LOMR is indicated in the table below. and renewals. 97.022, ‘‘Flood Insurance.’’) ADDRESSES: Each LOMR is available for The new or modified flood hazard Dated: August 2, 2016. inspection at both the respective information is the basis for the Roy E. Wright, Community Map Repository address floodplain management measures that Deputy Associate Administrator for Insurance listed in the table below and online the community is required either to and Mitigation, Department of Homeland through the FEMA Map Service Center adopt or to show evidence of being Security, Federal Emergency Management at www.msc.fema.gov. already in effect in order to remain Agency.

Location and case Chief executive officer of Effective date of Community State and county No. community Community map repository modification No.

Colorado: City of Aurora (15– The Honorable Steve Hogan, Mayor, City City Hall, 15151 East Alameda Jun. 10, 2016 ...... 080002 Arapahoe (FEMA 08–1386P). of Aurora, 15151 East Alameda Park- Parkway, Aurora, CO 80012. Docket No.: B– way, Aurora, CO 80012. 1611) Arapahoe (FEMA Unincorporated The Honorable Nancy N. Sharpe, Chair, Arapahoe County Public May 26, 2016 ...... 080011 Docket No.: B– areas of Arapahoe Arapahoe County Board of Commis- Works Department, 6924 1607). County (15–08– sioners, 5334 South Prince Street, South Lima Street, Littleton, 1087P). Littleton, CO 80120. CO 80122. Routt (FEMA Docket City of Steamboat The Honorable Walter Magill, President, Planning and Zoning Depart- May 31, 2016 ...... 080159 No.: B–1607). Springs (15–08– City of Steamboat Springs Council, ment, P.O. Box 775088, 0994P). P.O. Box 775088, Steamboat Springs, Steamboat Springs, CO CO 80477. 80477. Connecticut: Hartford Town of Simsbury The Honorable Lisa L. Heavner, First Se- Town Hall, 933 Hopmeadow Jun. 3, 2016 ...... 090035 (FEMA Docket No.: B– (15–01–2526P). lectman, Town of Simsbury, 933 Street, Simsbury, CT 06070. 1611). Hopmeadow Street, Simsbury, CT 06070. Florida: City of Pompano The Honorable Lamar Fisher, Mayor, Building Inspections Depart- May 27, 2016 ...... 120055 Broward (FEMA Beach (15–04– City of Pompano Beach, 100 West At- ment, 100 West Atlantic Docket No.: B– 6416P). lantic Boulevard, Pompano Beach, FL Boulevard, Pompano Beach, 1607) 33060. FL 33060. Collier (FEMA Dock- City of Marco Island The Honorable Bob Brown, Chairman, Growth Management Depart- May 31, 2016 ...... 120426 et No.: B–1611). (15–04–5962P). City of Marco Island Council, 50 Bald ment, 50 Bald Eagle Drive, Eagle Drive, Marco Island, FL 34145. Marco Island, FL 34145. Collier (FEMA Dock- City of Naples (16– The Honorable John Sorey III, Mayor, Building Department, 295 Riv- Jun. 9, 2016 ...... 125130 et No.: B–1611). 04–1431P). City of Naples, 735 8th Street South, erside Circle, Naples, FL Naples, FL 34102. 34102.

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Location and case Chief executive officer of Effective date of Community State and county No. community Community map repository modification No.

Hardee (FEMA City of Wauchula The Honorable Richard Keith Nadaskay, Administration Building, 126 May 27, 2016 ...... 120105 Docket No.: B– (14–04–9451P). Jr., Mayor, City of Wauchula, 126 South 7th Avenue, 1607). South 7th Avenue, Wauchula, FL Wauchula, FL 33873. 33873. Hardee (FEMA Unincorporated The Honorable Rick Knight, Chairman, Hardee County, Planning and May 27, 2016 ...... 120103 Docket No.: B– areas of Hardee Hardee County Board of Commis- Development Department, 1607). County (14–04– sioners, 412 West Orange Street, 110 South 9th Avenue, 9451P). Room 103, Wauchula, FL 33873. Wauchula, FL 33873. Levy (FEMA Docket City of Cedar Key The Honorable Heath Davis, Mayor, City Building Department, 490 2nd May 27, 2016 ...... 120373 No.: B–1607). (15–04–4427P). of Cedar Key, 490 2nd Street, Cedar Street, Cedar Key, FL 32625. Key, FL 32625. Miami-Dade (FEMA City of Sunny Isles The Honorable George ‘‘Bud’’ Scholl, Building Department, 18070 Jun. 2, 2016 ...... 120688 Docket No.: B– Beach (15–04– Mayor, City of Sunny Isles Beach, Collins Avenue, Sunny Isles 1607). 4049P). 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Beach, FL 33160. Miami-Dade (FEMA City of Sunny Isles The Honorable George ‘‘Bud’’ Scholl, Building Department, 18070 Jun. 10, 2016 ...... 120688 Docket No.: B– Beach (15–04– Mayor, City of Sunny Isles Beach, Collins Avenue, Sunny Isles 1611). 7678P). 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Beach, FL 33160. Monroe (FEMA Village of The Honorable Deb Gillis, Mayor, Village Planning and Development Jun. 1, 2016 ...... 120424 Docket No.: B– Islamorada (16– of Islamorada, 86800 Overseas High- Department, 86800 Over- 1611). 04–1346P). way, Islamorada, FL 33036. seas Highway, Islamorada, FL 33036. Monroe (FEMA Unincorporated The Honorable Heather Carruthers, Monroe County Department of Jun. 2, 2016 ...... 125129 Docket No.: B– areas of Monroe Mayor, Monroe County Board of Com- Planning and Environmental 1611). County (16–04– missioners, 500 Whitehead Street, Resources, 2798 Overseas 0087P). Suite 102, Key West, FL 33040. Highway, Marathon, FL 33050. Orange (FEMA City of Orlando (16– The Honorable Buddy W. Dyer, Mayor, Public Works Department, 400 May 31, 2016 ...... 120186 Docket No.: B– 04–0720P). City of Orlando, P.O. Box 4990, Or- South Orange Avenue, 8th 1607). lando, FL 32802. Floor, Orlando, FL 32801. St. Johns (FEMA Unincorporated The Honorable Jeb Smith, Chairman, St. St. Johns County, Building May 31, 2016 ...... 125147 Docket No.: B– areas of St. Johns Johns County Board of Commis- Services Division, 4040 1611). County (16–04– sioners, 500 San Sebastian View, St. Lewis Speedway, St. Augus- 0826P). Augustine, FL 32084. tine, FL 32084. Georgia: Coweta (FEMA City of Newnan (16– The Honorable Keith Brady, Mayor, City Public Works Department, 25 Jun. 3, 2016 ...... 130062 Docket No.: B–1607). 04–0314P). of Newnan, 25 LaGrange Street, LaGrange Street, Newnan, Newnan, GA 30263. GA 30263. Kentucky: City of Glasgow The Honorable Dick Doty, Mayor, City of Public Works Department, 310 Jun. 3, 2016 ...... 210007 Barren (FEMA Dock- (15–04–9280P). Glasgow, 126 East Public Square, West Front Street, Glasgow, et No.: B–1607) Glasgow, KY 42141. KY 42141. Barren (FEMA Dock- Unincorporated The Honorable Michael Hale, Barren Barren County Government Jun. 3, 2016 ...... 210334 et No.: B–1607). areas of Barren County Judge Executive, 117 North Center, 117 North Public County (15–04– Public Square, Suite 3A, Glasgow, KY Square, Glasgow, KY 42141. 9280P). 42141. Boyd (FEMA Docket Unincorporated The Honorable Steve Towler, Boyd Boyd County Floodplain and May 27, 2016 ...... 210016 No.: B–1607). areas of Boyd County Judge, P.O. Box 423, Code Enforcement Depart- County (15–04– Catlettsburg, KY 41129. ment, 2800 Louisa Street, 9647P). Catlettsburg, KY 41129. New Mexico: City of Albuquerque The Honorable Richard J. Berry, Mayor, Planning Department, 600 2nd May 31, 2016 ...... 350002 Bernalillo (FEMA (15–06–0643P). City of Albuquerque, P.O. Box 1293, Street Northwest, Albu- Docket No.: B– Albuquerque, NM, 87103. querque, NM 87102. 1607) Bernalillo (FEMA Unincorporated The Honorable Maggie Hart Stebbins, Bernalillo County Public Works Jun. 10, 2016 ...... 350001 Docket No.: B– areas of Bernalillo Chair, Bernalillo County Board of Com- Division, 2400 Broadway 1611). County (15–06– missioners, 1 Civic Plaza Northwest, Boulevard Southeast, Albu- 1772P). Albuquerque, NM 87102. querque, NM 87102. Tennessee: Hamilton City of Chattanooga The Honorable Andy Berke, Mayor, City Planning Department, 1250 Jun. 6, 2016 ...... 470072 (FEMA Docket No.: B– (15–04–9959P). of Chattanooga, 101 East 11th Street, Market Street, Chattanooga, 1628). Chattanooga, TN 37402. TN 37402. Texas: City of Allen (15– The Honorable Stephen Terrell, Mayor, Engineering Department, 305 Jun. 10, 2016 ...... 480259 Collin (FEMA Docket 06–3685P). City of Allen, 305 Century Parkway, Century Parkway, Allen, TX No.: B–1611) 1st Floor, Allen, TX 75013. 75013. Denton (FEMA Dock- City of Frisco (15– The Honorable Maher Maso, Mayor, City Engineering Services Depart- May 31, 2016 ...... 480134 et No.: B–1607). 06–4148P). of Frisco, 6101 Frisco Square Boule- ment, 6101 Frisco Square vard, Frisco, TX 75034. Boulevard, Frisco, TX 75034. Denton (FEMA Dock- Town of Little Elm The Honorable David Hillock, Mayor, Development Services Depart- May 31, 2016 ...... 481152 et No.: B–1607). (15–06–4148P). Town of Little Elm, 100 West Eldorado ment, 100 West Eldorado Parkway, Little Elm, TX 75068. Parkway, Little Elm, TX 75068. El Paso (FEMA City of El Paso (15– The Honorable Oscar Leeser, Mayor, Land Development Depart- Jun. 9, 2016 ...... 480214 Docket No.: B– 06–0864P). City of El Paso, 300 North Campbell ment, 801 Texas Avenue, El 1611). Street, El Paso, TX 79901. Paso, TX 79901. Grayson (FEMA City of Denison (15– The Honorable Jared Johnson, Mayor, City Hall, 500 West Chestnut Jun. 8, 2016 ...... 480259 Docket No.: B– 06–2276P). City of Denison, P.O. Box 347, Street, Denison, TX 75020. 1611). Denison, TX 75021. Grayson (FEMA Unincorporated The Honorable Bill Magers, Grayson Grayson County Development Jun. 8, 2016 ...... 480829 Docket No.: B– areas of Grayson County Judge, 100 West Houston Services Department, 100 1611). County (15–06– Street, Sherman, TX 75090. West Houston Street, Sher- 2276P). man, TX 75090.

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Location and case Chief executive officer of Effective date of Community State and county No. community Community map repository modification No.

Tarrant (FEMA Dock- City of Fort Worth The Honorable Betsy Price, Mayor, City City Hall, 1000 Throckmorton May 31, 2016 ...... 480596 et No.: B–1607). (15–06–0830P). of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX Street, Fort Worth, TX 76102. 76102. Travis (FEMA Docket City of Pflugerville The Honorable Jeff Coleman, Mayor, Development Services Depart- Jun. 3, 2016 ...... 481028 No.: B–1611). (15–06–3658P). City of Pflugerville, P.O. Box 589, ment, 201–B East Pecan Pflugerville, TX 78660. Street, Pflugerville, TX 78691. Travis (FEMA Docket Unincorporated The Honorable Sarah Eckhardt, Travis Travis County Engineering De- Jun. 3, 2016 ...... 481026 No.: B–1611). areas of Travis County Judge, P.O. Box 1748, Austin, partment, 700 Lavaca County (15–06– TX 78767. Street, Austin, TX 78767. 3658P). Virginia: Unincorporated The Honorable Steve A. Elswick, Chair- Chesterfield County Depart- Jun. 10, 2016 ...... 510035 Chesterfield (FEMA areas of Chester- man, Chesterfield County Board of Su- ment of Environmental Engi- Docket No.: B– field County (15– pervisors, P.O. Box 40, Chesterfield, neering, 9800 Government 1611) 03–2769P). VA 23832. Center Parkway, Chester- field, VA 23832. Fauquier (FEMA Unincorporated The Honorable Chester W. Stribling, Fauquier County Department Jun. 9, 2016 ...... 510055 Docket No.: B– areas of Fauquier Chairman, Fauquier County Board of of Community Development, 1611). County (15–03– Supervisors, 10 Hotel Street, Suite Zoning and Development 0741P). 208, Warrenton, VA 20186. Services, 29 Ashby Street, Suite 310, Warrenton, VA 20186. Mecklenburg (FEMA Unincorporated The Honorable Glenn E. Barbour, Chair- Mecklenburg County Zoning May 26, 2016 ...... 510189 Docket, No.: B– areas of Mecklen- man, Mecklenburg County Board of Department, P.O. Box 307, 1607). burg County (15– Supervisors, P.O. Box 729, South Hill, Boydton, VA 23917. 03–1485P). VA 23970.

[FR Doc. 2016–18970 Filed 8–9–16; 8:45 am] for participation in the National Flood determinations for each community BILLING CODE 9110–12–P Insurance Program (NFIP). In addition, listed below, in accordance with section the FIRM and FIS report, once effective, 110 of the Flood Disaster Protection Act will be used by insurance agents and of 1973, 42 U.S.C. 4104, and 44 CFR DEPARTMENT OF HOMELAND others to calculate appropriate flood 67.4(a). SECURITY insurance premium rates for new These proposed flood hazard buildings and the contents of those determinations, together with the Federal Emergency Management buildings. floodplain management criteria required Agency DATES: Comments are to be submitted by 44 CFR 60.3, are the minimum that on or before November 8, 2016. are required. They should not be [Docket ID FEMA–2016–0002; Internal construed to mean that the community Agency Docket No. FEMA–B–1634] ADDRESSES: The Preliminary FIRM, and must change any existing ordinances where applicable, the FIS report for that are more stringent in their Proposed Flood Hazard each community are available for floodplain management requirements. Determinations inspection at both the online location The community may at any time enact and the respective Community Map AGENCY: Federal Emergency stricter requirements of its own or Repository address listed in the tables Management Agency, DHS. pursuant to policies established by other below. Additionally, the current Federal, State, or regional entities. ACTION: Notice. effective FIRM and FIS report for each These flood hazard determinations are community are accessible online SUMMARY: Comments are requested on used to meet the floodplain through the FEMA Map Service Center proposed flood hazard determinations, management requirements of the NFIP at www.msc.fema.gov for comparison. which may include additions or and also are used to calculate the modifications of any Base Flood You may submit comments, identified by Docket No. FEMA–B–1634, to Rick appropriate flood insurance premium Elevation (BFE), base flood depth, rates for new buildings built after the Special Flood Hazard Area (SFHA) Sacbibit, Chief, Engineering Services Branch, Federal Insurance and FIRM and FIS report become effective. boundary or zone designation, or The communities affected by the Mitigation Administration, FEMA, 400 regulatory floodway on the Flood flood hazard determinations are C Street SW., Washington, DC 20472, Insurance Rate Maps (FIRMs), and provided in the tables below. Any (202) 646–7659, or (email) where applicable, in the supporting request for reconsideration of the [email protected]. Flood Insurance Study (FIS) reports for revised flood hazard information shown the communities listed in the table FOR FURTHER INFORMATION CONTACT: Rick on the Preliminary FIRM and FIS report below. The purpose of this notice is to Sacbibit, Chief, Engineering Services that satisfies the data requirements seek general information and comment Branch, Federal Insurance and outlined in 44 CFR 67.6(b) is considered regarding the preliminary FIRM, and Mitigation Administration, FEMA, 400 an appeal. Comments unrelated to the where applicable, the FIS report that the C Street SW., Washington, DC 20472, flood hazard determinations also will be Federal Emergency Management Agency (202) 646–7659, or (email) considered before the FIRM and FIS (FEMA) has provided to the affected [email protected]; or visit report become effective. communities. The FIRM and FIS report the FEMA Map Information eXchange Use of a Scientific Resolution Panel are the basis of the floodplain (FMIX) online at (SRP) is available to communities in _ management measures that the www.floodmaps.fema.gov/fhm/fmx support of the appeal resolution community is required either to adopt main.html. process. SRPs are independent panels of or to show evidence of having in effect SUPPLEMENTARY INFORMATION: FEMA experts in hydrology, hydraulics, and in order to qualify or remain qualified proposes to make flood hazard other pertinent sciences established to

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review conflicting scientific and The Preliminary FIRM, and where through the FEMA Map Service Center technical data and provide applicable, FIS report for each at www.msc.fema.gov for comparison. recommendations for resolution. Use of community are available for inspection (Catalog of Federal Domestic Assistance No. the SRP only may be exercised after at both the online location and the 97.022, ‘‘Flood Insurance.’’) FEMA and local communities have been respective Community Map Repository engaged in a collaborative consultation address listed in the tables. For Dated: August 2, 2016. process for at least 60 days without a communities with multiple ongoing Roy E. Wright, mutually acceptable resolution of an Preliminary studies, the studies can be Deputy Associate Administrator for Insurance appeal. Additional information identified by the unique project number and Mitigation, Department of Homeland regarding the SRP process can be found and Preliminary FIRM date listed in the Security, Federal Emergency Management online at http://floodsrp.org/pdfs/srp_ tables. Additionally, the current Agency. fact_sheet.pdf. The watersheds and/or communities effective FIRM and FIS report for each I. Non-watershed-based studies: affected are listed in the tables below. community are accessible online

Community Community map repository address

Montgomery County, New York (All Jurisdictions)

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 16–02–0009S Preliminary Date: February 19, 2016

City of Amsterdam ...... City Hall, 61 Church Street, Amsterdam, NY 12010. Town of Amsterdam ...... Amsterdam Town Office Building, 283 Manny’s Corners Road, Amster- dam, NY 12010. Town of Canajoharie ...... Canajoharie Town Office, 12 Mitchell Street, Canajoharie, NY 13317. Town of Charleston ...... Charleston Municipal Building, 480 Corbin Hill Road, Sprakers, NY 12166. Town of Florida ...... Florida Town Office Building, 214 Fort Hunter Road, Amsterdam, NY 12010. Town of Glen ...... Glen Town Office, 7 Erie Street, Fultonville, NY 12072. Town of Minden ...... Minden Municipal Town Building, 134 Highway 80, Fort Plain, NY 13339. Town of Mohawk ...... Town of Mohawk, Richard A. Papa Office Building, 2–4 Park Street, Fonda, NY 12068. Town of Palatine ...... Palatine Town Office, 141 West Grand Street, Palatine Bridge, NY 13428. Town of Root ...... Root Town Office, 1048 Carlisle Road, Sprakers, NY 13317. Town of St. Johnsville ...... St. Johnsville Town Office, 7431 State Highway 5, St. Johnsville, NY 13452. Village of Ames ...... Village Office, 595 Latimer Hill Road, Ames, NY 13317. Village of Canajoharie ...... Canajoharie Village Office, 75 Erie Boulevard, Canajoharie, NY 13317. Village of Fonda ...... Municipal Building, 8 East Main Street, Fonda, NY 12068. Village of Fort Johnson ...... Municipal Building, 1 Prospect Street, Fort Johnson, NY 12070. Village of Fort Plain ...... Village Hall, 168 Canal Street, Fort Plain, NY 13339. Village of Fultonville ...... Village Court Municipal Building, 10 Erie Street, Fultonville, NY 12072. Village of Hagaman ...... Pawling Hall, 86 Pawling Street, Hagaman, NY 12086. Village of Nelliston ...... Village Municipal Building, 11 River Street, Nelliston, NY 13410. Village of Palatine Bridge ...... Village Office, 11 West Grand Street, Palatine Bridge, NY 13428. Village of St. Johnsville ...... St. Johnsville Village Office, 16 Washington Street, St. Johnsonville, NY 13452.

Niagara County, New York (All Jurisdictions)

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 16–02–0007S Preliminary Date: May 9, 2016

Town of Pendleton ...... Pendleton Town Hall, 6570 Campbell Boulevard, Lockport, NY 14094.

Butler County, Ohio and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 15–05–6384S Preliminary Dates: April 25, 2014 & September 18, 2015

City of Fairfield ...... City Hall, 5350 Pleasant Avenue, Fairfield, OH 45014. City of Hamilton ...... Department of Community Development, Planning Division, 345 High Street, Suite 370, Hamilton, OH 45011.

[FR Doc. 2016–18974 Filed 8–9–16; 8:45 am] BILLING CODE 9110–12–P

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DEPARTMENT OF HOMELAND Repository address listed in the tables provided in the tables below. Any SECURITY below. Additionally, the current request for reconsideration of the effective FIRM and FIS report for each revised flood hazard information shown Federal Emergency Management community are accessible online on the Preliminary FIRM and FIS report Agency through the FEMA Map Service Center that satisfies the data requirements [Docket ID FEMA–2016–0002; Internal at www.msc.fema.gov for comparison. outlined in 44 CFR 67.6(b) is considered Agency Docket No. FEMA–B–1636] You may submit comments, identified an appeal. Comments unrelated to the by Docket No. FEMA–B–1636, to Rick flood hazard determinations also will be Proposed Flood Hazard Sacbibit, Chief, Engineering Services considered before the FIRM and FIS Determinations Branch, Federal Insurance and report become effective. Mitigation Administration, FEMA, 400 Use of a Scientific Resolution Panel AGENCY: Federal Emergency C Street SW., Washington, DC 20472, (SRP) is available to communities in Management Agency, DHS. (202) 646–7659, or (email) support of the appeal resolution ACTION: Notice. [email protected]. process. SRPs are independent panels of FOR FURTHER INFORMATION CONTACT: Rick SUMMARY: Comments are requested on experts in hydrology, hydraulics, and Sacbibit, Chief, Engineering Services other pertinent sciences established to proposed flood hazard determinations, Branch, Federal Insurance and which may include additions or review conflicting scientific and Mitigation Administration, FEMA, 400 technical data and provide modifications of any Base Flood C Street SW., Washington, DC 20472, Elevation (BFE), base flood depth, recommendations for resolution. Use of (202) 646–7659, or (email) the SRP only may be exercised after Special Flood Hazard Area (SFHA) [email protected]; or visit boundary or zone designation, or FEMA and local communities have been the FEMA Map Information eXchange engaged in a collaborative consultation regulatory floodway on the Flood (FMIX) online at Insurance Rate Maps (FIRMs), and _ process for at least 60 days without a www.floodmaps.fema.gov/fhm/fmx mutually acceptable resolution of an where applicable, in the supporting main.html. Flood Insurance Study (FIS) reports for appeal. Additional information the communities listed in the table SUPPLEMENTARY INFORMATION: FEMA regarding the SRP process can be found below. The purpose of this notice is to proposes to make flood hazard online at http://floodsrp.org/pdfs/srp_ seek general information and comment determinations for each community fact_sheet.pdf. regarding the preliminary FIRM, and listed below, in accordance with section The watersheds and/or communities where applicable, the FIS report that the 110 of the Flood Disaster Protection Act affected are listed in the tables below. Federal Emergency Management Agency of 1973, 42 U.S.C. 4104, and 44 CFR The Preliminary FIRM, and where (FEMA) has provided to the affected 67.4(a). applicable, FIS report for each These proposed flood hazard communities. The FIRM and FIS report community are available for inspection determinations, together with the are the basis of the floodplain at both the online location and the floodplain management criteria required management measures that the respective Community Map Repository by 44 CFR 60.3, are the minimum that community is required either to adopt address listed in the tables. For are required. They should not be or to show evidence of having in effect communities with multiple ongoing construed to mean that the community in order to qualify or remain qualified Preliminary studies, the studies can be must change any existing ordinances for participation in the National Flood identified by the unique project number that are more stringent in their Insurance Program (NFIP). In addition, and Preliminary FIRM date listed in the floodplain management requirements. the FIRM and FIS report, once effective, tables. Additionally, the current The community may at any time enact will be used by insurance agents and effective FIRM and FIS report for each stricter requirements of its own or others to calculate appropriate flood community are accessible online pursuant to policies established by other insurance premium rates for new through the FEMA Map Service Center Federal, State, or regional entities. buildings and the contents of those at www.msc.fema.gov for comparison. buildings. These flood hazard determinations are used to meet the floodplain (Catalog of Federal Domestic Assistance No. DATES: Comments are to be submitted management requirements of the NFIP 97.022, ‘‘Flood Insurance.’’) on or before November 8, 2016. and also are used to calculate the Dated: August 2, 2016. ADDRESSES: The Preliminary FIRM, and appropriate flood insurance premium Roy E. Wright, where applicable, the FIS report for rates for new buildings built after the Deputy Associate Administrator for Insurance each community are available for FIRM and FIS report become effective. and Mitigation, Department of Homeland inspection at both the online location The communities affected by the Security, Federal Emergency Management and the respective Community Map flood hazard determinations are Agency.

Community Community map repository address

Delaware County, Pennsylvania (All Jurisdictions)

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 14–03–2024S Preliminary Date: March 4, 2016

City of Chester ...... Planning Department, 1 4th Street, Chester, PA 19013. Borough of Upland ...... Municipal Office, 224 Castle Avenue, Upland, PA 19015.

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[FR Doc. 2016–18982 Filed 8–9–16; 8:45 am] the dates listed in the table below and of the community as listed in the table BILLING CODE 9110–12–P revise the FIRM panels and FIS report below. in effect prior to this determination for The modifications are made pursuant the listed communities. to section 201 of the Flood Disaster DEPARTMENT OF HOMELAND From the date of the second Protection Act of 1973, 42 U.S.C. 4105, SECURITY publication of notification of these and are in accordance with the National changes in a newspaper of local Flood Insurance Act of 1968, 42 U.S.C. Federal Emergency Management circulation, any person has 90 days in 4001 et seq., and with 44 CFR part 65. Agency which to request through the The FIRM and FIS report are the basis [Docket ID FEMA–2016–0002; Internal community that the Deputy Associate of the floodplain management measures Agency Docket No. FEMA–B–1637] Administrator for Mitigation reconsider that the community is required either to the changes. The flood hazard adopt or to show evidence of having in Changes in Flood Hazard determination information may be effect in order to qualify or remain Determinations changed during the 90-day period. qualified for participation in the AGENCY: Federal Emergency ADDRESSES: The affected communities National Flood Insurance Program Management Agency, DHS. are listed in the table below. Revised (NFIP). flood hazard information for each ACTION: Notice. These flood hazard determinations, community is available for inspection at together with the floodplain SUMMARY: This notice lists communities both the online location and the management criteria required by 44 CFR where the addition or modification of respective community map repository 60.3, are the minimum that are required. Base Flood Elevations (BFEs), base flood address listed in the table below. They should not be construed to mean depths, Special Flood Hazard Area Additionally, the current effective FIRM that the community must change any (SFHA) boundaries or zone and FIS report for each community are existing ordinances that are more designations, or the regulatory floodway accessible online through the FEMA stringent in their floodplain (hereinafter referred to as flood hazard Map Service Center at management requirements. The determinations), as shown on the Flood www.msc.fema.gov for comparison. community may at any time enact Insurance Rate Maps (FIRMs), and Submit comments and/or appeals to stricter requirements of its own or where applicable, in the supporting the Chief Executive Officer of the pursuant to policies established by other Flood Insurance Study (FIS) reports, community as listed in the table below. Federal, State, or regional entities. The prepared by the Federal Emergency FOR FURTHER INFORMATION CONTACT: Rick flood hazard determinations are in Management Agency (FEMA) for each Sacbibit, Chief, Engineering Services accordance with 44 CFR 65.4. community, is appropriate because of Branch, Federal Insurance and The affected communities are listed in new scientific or technical data. The Mitigation Administration, FEMA, 400 the following table. Flood hazard FIRM, and where applicable, portions of C Street SW., Washington, DC 20472, determination information for each the FIS report, have been revised to (202) 646–7659, or (email) community is available for inspection at reflect these flood hazard [email protected]; or visit both the online location and the determinations through issuance of a the FEMA Map Information eXchange respective community map repository Letter of Map Revision (LOMR), in (FMIX) online at address listed in the table below. accordance with Title 44, Part 65 of the www.floodmaps.fema.gov/fhm/fmx_ Additionally, the current effective FIRM Code of Federal Regulations (44 CFR main.html. and FIS report for each community are accessible online through the FEMA part 65). The LOMR will be used by SUPPLEMENTARY INFORMATION: The insurance agents and others to calculate specific flood hazard determinations are Map Service Center at appropriate flood insurance premium not described for each community in www.msc.fema.gov for comparison. rates for new buildings and the contents this notice. However, the online (Catalog of Federal Domestic Assistance No. of those buildings. For rating purposes, location and local community map 97.022, ‘‘Flood Insurance.’’) the currently effective community repository address where the flood Dated: August 2, 2016. number is shown in the table below and hazard determination information is Roy E. Wright, must be used for all new policies and available for inspection is provided. renewals. Deputy Associate Administrator for Insurance Any request for reconsideration of and Mitigation, Department of Homeland DATES: These flood hazard flood hazard determinations must be Security, Federal Emergency Management determinations will become effective on submitted to the Chief Executive Officer Agency.

Location and Chief executive officer Community map Online location of letter of map Effective date of Community State and county case No. of community repository revision modification No.

Alabama: Jefferson City of Bir- The Honorable William A. City Hall, 710 North 20th http://www.msc.fema.gov/lomc Sep. 8, 2016 ...... 010116 mingham (15– Bell, Sr., Mayor, City of Street, 3rd Floor, Bir- 04–9138P). Birmingham, 710 North mingham, AL 35203. 20th Street, 3rd Floor, Birmingham, AL 35203. Arkansas: Benton ...... City of Rogers The Honorable Greg City Hall, 301 West http://www.msc.fema.gov/lomc Sep. 12, 2016 .... 050013 (15–06–1737P). Hines, Mayor, City of Chestnut Street, Rog- Rogers, 301 West ers, AR 72756. Chestnut Street, Rog- ers, AR 72756. Pulaski ...... City of North Lit- The Honorable Joe Smith, Planning Department, 120 http://www.msc.fema.gov/lomc Sep. 23, 2016 .... 050182 tle Rock (15– Mayor, City of North Lit- Main Street, North Little 06–4244P). tle Rock, P.O. Box Rock, AR 72114. 5757, North Little Rock, AR 72119.

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Location and Chief executive officer Community map Online location of letter of map Effective date of Community State and county case No. of community repository revision modification No.

Pulaski ...... City of Sherwood The Honorable Virginia Engineering, Permit and http://www.msc.fema.gov/lomc Sep. 23, 2016 .... 050235 (15–06–4244P). Hillman Young, Mayor, Planning Department, City of Sherwood, P.O. 2199 East Kiehl Ave- Box 6256, Sherwood, nue, Sherwood, AR AR 72120. 72124. Colorado: Denver ...... City and County The Honorable Michael B. Department of Public http://www.msc.fema.gov/lomc Sep. 29, 2016 .... 080046 of Denver (16– Hancock, Mayor, City Works, 201 West 08–0657P). and County of Denver, Colfax Avenue, Denver, 1437 Bannock Street, CO 80202. Suite 350, Denver, CO 80202. El Paso ...... City of Fountain The Honorable Gabriel Planning Division, 116 http://www.msc.fema.gov/lomc Sep. 29, 2016 .... 080061 (16–08–0082P). Ortega, Mayor, City of South Main Street, Fountain, 116 South Fountain, CO 80817. Main Street, Fountain, CO 80817. El Paso ...... Unincorporated The Honorable Amy El Paso County Regional http://www.msc.fema.gov/lomc Sep. 29, 2016 .... 080059 areas of El Lathen, Chair, El Paso Development Center, Paso County County Board of Com- 2880 International Cir- (16–08–0082P). missioners, 200 South cle, Colorado Springs, Cascade Avenue, Suite CO 80910. 100, Colorado Springs, CO 80903. Connecticut: Fair- Town of Trumbull The Honorable Timothy Town Hall, 5866 Main http://www.msc.fema.gov/lomc Sep.23, 2016 ..... 090017 field. (16–01–0265P). M. Herbst, First Select- Street, Trumbull, CT man, Town of Trumbull 06611. Board of Selectmen, 5866 Main Street, Trumbull, CT 06611. Florida: Broward ...... City of Dania The Honorable Marco City Hall, 100 West Dania http://www.msc.fema.gov/lomc Sep. 14, 2016 .... 120034 Beach (16–04– Salvino, Sr., Mayor, Beach Boulevard, 1347P). City of Dania Beach, Dania Beach, FL 33004. 100 West Dania Beach Boulevard, Dania Beach, FL 33004. Broward ...... City of Hollywood The Honorable Peter City Hall, 2600 Hollywood http://www.msc.fema.gov/lomc Sep. 14, 2016 .... 125113 (16–04–1347P). Bober, Mayor, City of Boulevard, Hollywood, Hollywood, P.O. Box FL 33020. 229045, Hollywood, FL 33022. Broward ...... City of Pompano The Honorable Lamar Building Inspections De- http://www.msc.fema.gov/lomc Sep. 16, 2016 .... 120055 Beach (16–04– Fisher, Mayor, City of partment, 100 West At- 3054X). Pompano Beach, 100 lantic Boulevard, Pom- West Atlantic Boule- pano Beach, FL 33060. vard, Pompano Beach, FL 33060. Flagler ...... City of Bunnell The Honorable Catherine City Hall, 201 West http://www.msc.fema.gov/lomc Sep. 22, 2016 .... 120086 (16–04–2729P). Robinson, Mayor, City Moody Boulevard, of Bunnell, P.O. Box Bunnell, FL 32110. 756, Bunnell, FL 32110. Flagler ...... City of Palm The Honorable Jon Netts, City Hall, 160 Lake Ave- http://www.msc.fema.gov/lomc Sep. 22, 2016 .... 120684 Coast (16–04– Mayor, City of Palm nue, Palm Coast, FL 2729P). Coast, 160 Lake Ave- 32164. nue, Palm Coast, FL 32164. Hillsborough ... Unincorporated Mr. Mike Merrill, Hillsborough County Ad- http://www.msc.fema.gov/lomc Sep. 26, 2016 .... 120112 areas of Hillsborough County ministrator’s Office, 601 Hillsborough Administrator, P.O. Box East Kennedy Boule- County (16– 1110, Tampa, FL 33601. vard, 26th Floor, 04–3005P). Tampa, FL 33602. Orange ...... Unincorporated The Honorable Teresa Ja- Orange County Govern- http://www.msc.fema.gov/lomc Sep. 19, 2016 .... 120179 areas of Or- cobs, Mayor, Orange ment Office, 201 South ange County County, 201 South Ros- Rosalind Avenue, 1st (16–04–4432X). alind Avenue, 5th Floor, Floor, Orlando, FL Orlando, FL 32801. 32801. Georgia: Grady ..... Unincorporated The Honorable Charlie Grady County Code En- http://www.msc.fema.gov/lomc Sep. 29, 2016 .... 130096 areas of Grady Norton, Chairman, forcement Division, 250 County (16– Grady County Board of North Broad, Street 04–4551X). Commissioners, 250 Cairo, GA 39828. North Broad Street, Cairo, GA 39828. Kentucky Boyle ...... Unincorporated The Honorable Harold Boyle County Public http://www.msc.fema.gov/lomc Aug. 31, 2016 .... 210322 areas of Boyle McKinney, Boyle Coun- Works Department, County (16– ty Judge/Executive, 321 1858 South Danville 04–3037P). West Main Street, Bypass, Danville, KY Room 111, Danville, KY 40422. 40422.

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Location and Chief executive officer Community map Online location of letter of map Effective date of Community State and county case No. of community repository revision modification No.

Hardin ...... City of Elizabeth- The Honorable Edna City Hall, 200 West Dixie http://www.msc.fema.gov/lomc Sep. 19, 2016 .... 210095 town (15–04– Berger, Mayor, City of Avenue, Elizabethtown, 8215P). Elizabethtown, P.O. KY 42701. Box 550, Elizabethtown, KY 42702. Hardin ...... Unincorporated The Honorable Harry L. Hardin County Govern- http://www.msc.fema.gov/lomc Sep. 19, 2016 .... 210094 areas of Har- Berry, Hardin County ment Building, 150 din County Judge/Executive, P.O. North Provident Way, (15–04–8215P). Box 568, Elizabethtown, Elizabethtown, KY KY 42702. 42701. Maryland: Mont- Unincorporated The Honorable Isiah Montgomery County De- http://www.msc.fema.gov/lomc Sep. 15, 2016 .... 240049 gomery. areas of Mont- Leggett, Montgomery partment of Permitting gomery County County Executive, 101 Services, 255 Rockville (16–03–0003P). Monroe Street, 2nd Pike, Rockville, MD Floor, Rockville, MD 20850. 20850. Maine: Knox ...... Town of Owls The Honorable Linda Town Hall, 224 Ash Point http://www.msc.fema.gov/lomc Sep. 23, 2016 .... 230075 Head (16–01– Post, Chair, Town of Drive, Owls Head, ME 1529P). Owls Head Board of 04854. Selectmen, P.O. Box 128, Owls Head, ME 04854. Oklahoma: Oklahoma ...... City of Edmond The Honorable Charles Engineering/Drainage Util- http://www.msc.fema.gov/lomc Sep. 12, 2016 .... 400252 (15–06–1048P). Lamb, Mayor, City of ity Department, 10 Edmond, P.O. Box South Littler Avenue, 2970, Edmond, OK Edmond, OK 73084. 73083. Oklahoma ...... City of The Vil- The Honorable Hutch Building and Code De- http://www.msc.fema.gov/lomc Oct.10, 2016 ...... 400420 lage (14–06– Hibbard, Mayor, City of partment, 2304 Man- 4742P). The Village, 2304 Man- chester Drive, The Vil- chester Drive, The Vil- lage, OK 73120. lage, OK 73120. Wagoner ...... City of Broken The Honorable Craig Operations Building, 485 http://www.msc.fema.gov/lomc Oct.3, 2016 ...... 400236 Arrow (14–06– Thurmond, Mayor, City North Poplar Avenue, 4075P). of Broken Arrow, 220 Broken Arrow, OK South 1st Street, Bro- 74012. ken Arrow, OK 74012. Wagoner ...... Unincorporated The Honorable Chris Wagoner County Court- http://www.msc.fema.gov/lomc Oct.3, 2016 ...... 400215 areas of Wag- Edwards, Chairman, house, 307 East Cher- oner County Wagoner County Board okee Street, Wagoner, (14–06–4075P). of Commissioners, P.O. OK 74467. Box 156, Wagoner, OK 74477. Creek ...... City of Sapulpa The Honorable Reg Urban Development De- http://www.msc.fema.gov/lomc Sep. 12, 2016 .... 400053 (16–06–0371P). Green, Mayor, City of partment, 425 East Sapulpa, P.O. Box Dewey Avenue, 1130, Sapulpa, OK Sapulpa, OK 74067. 74067. Creek ...... Unincorporated The Honorable Newt Ste- Creek County Stormwater http://www.msc.fema.gov/lomc Sep. 12, 2016 .... 400490 areas of Creek phens, Jr., Chairman, Management Depart- County (16– Creek County Board of ment, 317 East Lee Av- 06–0371P). Commissioners, 317 enue, Suite 102, East Lee Avenue, Suite Sapulpa, OK 74067. 103, Sapulpa, OK 74067. Tulsa ...... City of Jenks The Honorable Kelly Engineering Department, http://www.msc.fema.gov/lomc Sep. 12, 2016 .... 400209 (16–06–0371P). Dunkerley, Mayor, City 211 North Elm Street, of Jenks, P.O. Box Jenks, OK 74037. 2007, Jenks, OK 74037. Tulsa ...... City of Tulsa The Honorable Dewey F. Planning and Develop- http://www.msc.fema.gov/lomc Sep. 13, 2016 .... 405381 (15–06–0631P). Bartlett, Jr., Mayor, City ment Department, 175 of Tulsa, 175 East 2nd East 2nd Street, 4th Street, 15th Floor, Floor, Tulsa, OK 74103. Tulsa, OK 74103. Tulsa ...... Unincorporated The Honorable Karen Tulsa County, Inspections http://www.msc.fema.gov/lomc Sep. 13, 2016 .... 400462 areas of Tulsa Keith, Chair, Tulsa Office, 633 West 3rd County (15– County Board of Com- Street, Room 140, 06–0631P). missioners, 500 South Tulsa, OK 74127. Denver Avenue, Tulsa, OK 74103. Tulsa ...... Unincorporated The Honorable Karen Tulsa County Inspections http://www.msc.fema.gov/lomc Sep. 12, 2016 .... 400462 areas of Tulsa Keith, Chair, Tulsa Office, 633 West 3rd County (16– County Board of Com- Street, Room 140, 06–0371P). missioners, 500 South Tulsa, OK 74127. Denver Avenue, Tulsa, OK 74103. Pennsylvania:

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Location and Chief executive officer Community map Online location of letter of map Effective date of Community State and county case No. of community repository revision modification No.

Dauphin ...... Township of The Honorable Marc A. Community Development http://www.msc.fema.gov/lomc Sep. 9, 2016 ...... 420376 Derry (15–03– Moyer, Chairman, Department, 600 Clear- 0854P). Township of Derry water Road, Hershey, Board of Supervisors, PA 17033. 600 Clearwater Road, Hershey, PA 17033. Dauphin ...... Township of Lon- The Honorable Bart Township Hall, 783 South http://www.msc.fema.gov/lomc Sep. 9, 2016 ...... 420383 donderry (15– Shellenhamer, Chair- Geyers Church Road, 03–0854P). man, Township of Lon- Middletown, PA 17057. donderry Board of Su- pervisors, 783 South Geyers Church Road, Middletown, PA 17057. Dauphin ...... Township of The Honorable Thomas L. Township Municipal Build- http://www.msc.fema.gov/lomc Sep. 9, 2016 ...... 420385 Lower Swatara Mehaffie III, President, ing, 1499 Spring Gar- (15–03–0854P). Township of Lower den Drive, Middletown, Swatara, Board of PA 17057. Commissioners, 1499 Spring Garden Drive, Middletown, PA 17057. South Carolina: Charleston ...... Town of Mount The Honorable Linda Planning Department, 100 http://www.msc.fema.gov/lomc Oct. 3, 2016 ...... 455417 Pleasant (16– Page, Mayor, Town of Ann Edwards Lane, 04–3547P). Mount Pleasant, 100 Mount Pleasant, SC Ann Edwards Lane, 29464. Mount Pleasant, SC 29464. Charleston ...... Unincorporated The Honorable J. Elliott Charleston County Build- http://www.msc.fema.gov/lomc Oct. 3, 2016 ...... 455413 areas of Summey, Chairman, ing Inspection Services Charleston Charleston County Department, 4045 County (16– Board of Commis- Bridge View Drive, 04–3547P). sioners, 4045 Bridge North Charleston, SC View Drive, North 29405. Charleston, SC 29405. South Dakota: Meade ...... City of Sturgis The Honorable Mark Planning and Permitting http://www.msc.fema.gov/lomc Sep. 15, 2016 .... 460055 (15–08–0375P). Carstensen, Mayor, City Office, 1040 Harley-Da- of Sturgis, 1040 Harley- vidson Way, Sturgis, Davidson Way, Sturgis, SD 57785. SD 57785. Minnehaha ..... City of Hartford The Honorable Bill Camp- City Hall, 125 North Main http://www.msc.fema.gov/lomc Sep. 23, 2016 .... 460180 (16–08–0101P). bell, Mayor, City of Avenue, Hartford, SD Hartford, 125 North 57033. Main Avenue, Hartford, SD 57033. Minnehaha ..... Unincorporated The Honorable Cindy Minnehaha County Ad- http://www.msc.fema.gov/lomc Sep. 23, 2016 .... 460057 areas of Min- Heiberger, Chair, Min- ministration Building, nehaha County nehaha County Board 415 North Dakota Ave- (16–08–0101P). of Commissioners, 415 nue, Sioux Falls, SD North Dakota Avenue, 57104. Sioux Falls, SD 57104. Tennessee: Washington .... City of Johnson The Honorable Clayton Public Works Department, http://www.msc.fema.gov/lomc Sep. 29, 2016 .... 480582 City (16–04– Stout, Mayor, City of 601 East Main Street, 1191P). Johnson City, 601 East Johnson City, TN Main Street, Johnson 37601. City, TN 37601. Washington .... Unincorporated The Honorable Dan Washington County Zon- http://www.msc.fema.gov/lomc Sep. 29, 2016 .... 470265 areas of Wash- Eldridge, Mayor, Wash- ing Department, 100 ington County ington County, 100 East East Main Street, (16–04–1191P). Main Street, Jonesborough, TN Jonesborough, TN 37659. 37659. Texas: Collin ...... City of Frisco The Honorable Maher Engineering Services De- http://www.msc.fema.gov/lomc Sep. 19, 2016 .... 480134 (16–06–0556P). Maso, Mayor, City of partment, 6101 Frisco Frisco, 6101 Frisco Square Boulevard, Fris- Square Boulevard, Fris- co, TX 75034. co, TX 75034. Collin ...... City of McKinney The Honorable Brian Engineering Department, http://www.msc.fema.gov/lomc Oct. 3, 2016 ...... 480135 (16–06–0082P). Loughmiller, Mayor, 221 North Tennessee City of McKinney, P.O. Street, McKinney, TX Box 517, McKinney, TX 75069. 75070. Collin ...... City of McKinney The Honorable Brian Engineering Department, http://www.msc.fema.gov/lomc Sep. 12, 2016 .... 480135 (16–06–0593P). Loughmiller, Mayor, 221 North Tennessee City of McKinney, P.O. Street, McKinney, TX Box 517, McKinney, TX 75069. 75070.

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Location and Chief executive officer Community map Online location of letter of map Effective date of Community State and county case No. of community repository revision modification No.

Dallas ...... City of Coppell The Honorable Karen Engineering Department, http://www.msc.fema.gov/lomc Oct. 3, 2016 ...... 480170 (16–06–0213P). Hunt, Mayor, City of 265 Parkway Boule- Coppell, P.O. Box vard, Coppell, TX 9478, Coppell, TX 75019. 75019. Ellis ...... City of The Honorable Kevin City Hall, 401 South Rog- http://www.msc.fema.gov/lomc Sep. 14, 2016 .... 480211 Waxahachie Strength, Mayor, City of ers Street, Waxahachie, (15–06–1366P). Waxahachie, 401 South TX 75165. Rogers Street, Waxahachie, TX 75165. Fort Bend ...... City of Sugar The Honorable James A. City Hall, 2700 Town http://www.msc.fema.gov/lomc Sep. 13, 2016 .... 480234 Land (15–06– Thompson, Mayor, City Center, Boulevard 1008P). of Sugar Land, P.O. North, Sugar Land, TX Box 110, Sugar Land, 77479. TX 77487. Fort Bend ...... Unincorporated The Honorable Robert Fort Bend County Engi- http://www.msc.fema.gov/lomc Sep. 13, 2016 .... 480228 areas of Fort Hebert, Fort Bend neering Department, Bend County County Judge, 401 401 Jackson Street, (15–06–1008P). Jackson Street, Rich- Richmond, TX 77469. mond, TX 77469. Fort Bend ...... Unincorporated The Honorable Robert Fort Bend County Engi- http://www.msc.fema.gov/lomc Sep. 30, 2016 .... 480228 areas of Fort Hebert, Fort Bend neering Department, Bend County County Judge, 401 401 Jackson Street, (16–06–0935P). Jackson Street, Rich- Richmond, TX 77469. mond, TX 77469. Montgomery ... Unincorporated The Honorable Craig B. Montgomery County Per- http://www.msc.fema.gov/lomc Sep. 14, 2016 .... 480483 areas of Mont- Doyal, Montgomery mitting Department, 501 gomery County County Judge, 501 North Thompson Street, (15–06–4246P). North Thompson Street, Suite 100, Conroe, TX Suite 401, Conroe, TX 77301. 77301. Waller ...... Unincorporated The Honorable Carbett Waller County Annex http://www.msc.fema.gov/lomc Sep. 30, 2016 .... 480640 areas of Waller ‘‘Trey’’ Duhon III, Waller Building, 775 Business County (16– County Judge, 836 Highway, 290 East 06–0935P). Austin Street, Suite Hempstead, TX 77445. 203, Hempstead, TX 77445. Williamson ...... City of George- The Honorable Dale Building Official’s Office, http://www.msc.fema.gov/lomc Sep. 15, 2016 .... 480668 town (14–06– Ross, Mayor, City of 300 Industrial Avenue, 4362P). Georgetown, 113 East Georgetown, TX 78626. 8th Street, Georgetown, TX 78626. Williamson ...... Unincorporated The Honorable Dan A. Williamson County Road http://www.msc.fema.gov/lomc Sep. 15, 2016 .... 481079 areas of Gattis, Williamson and Bridge Division, Williamson County Judge, 710 3151 Southeast Inner County (14– South Main Street, Loop, Suite B, George- 06–4362P). Georgetown, TX 78626. town, TX 78626. Virginia: Prince William City of Manassas The Honorable Frank Department of Public http://www.msc.fema.gov/lomc Sep. 15, 2016 .... 510123 Park (16–03– Jones, Mayor, City of Works, 331 Manassas 0885P). Manassas Park, 1 Park Drive, Manassas Park, Center Court, Manas- VA 20111. sas Park, VA 20111. Prince William Unincorporated Mr. Christopher E. Prince William County De- http://www.msc.fema.gov/lomc Sep. 15, 2016 .... 510119 areas of Prince Martino, Acting Prince partment of Public William. Coun- William County Execu- Works, 5 County Com- ty (16–03– tive, 1 County Complex plex Court, Prince Wil- 0885P). Court, Prince William, liam, VA 22192. VA 22192.

[FR Doc. 2016–18971 Filed 8–9–16; 8:45 am] ACTION: Notice. regarding the preliminary FIRM, and BILLING CODE 9110–12–P where applicable, the FIS report that the SUMMARY: Comments are requested on Federal Emergency Management Agency proposed flood hazard determinations, (FEMA) has provided to the affected DEPARTMENT OF HOMELAND which may include additions or communities. The FIRM and FIS report SECURITY modifications of any Base Flood are the basis of the floodplain management measures that the Federal Emergency Management Elevation (BFE), base flood depth, community is required either to adopt Agency Special Flood Hazard Area (SFHA) boundary or zone designation, or or to show evidence of having in effect [Docket ID FEMA–2016–0002; Internal regulatory floodway on the Flood in order to qualify or remain qualified Agency Docket No. FEMA–B–1642] Insurance Rate Maps (FIRMs), and for participation in the National Flood where applicable, in the supporting Insurance Program (NFIP). In addition, Proposed Flood Hazard Flood Insurance Study (FIS) reports for the FIRM and FIS report, once effective, Determinations the communities listed in the table will be used by insurance agents and AGENCY: Federal Emergency below. The purpose of this notice is to others to calculate appropriate flood Management Agency, DHS. seek general information and comment insurance premium rates for new

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buildings and the contents of those 110 of the Flood Disaster Protection Act other pertinent sciences established to buildings. of 1973, 42 U.S.C. 4104, and 44 CFR review conflicting scientific and 67.4(a). technical data and provide DATES: Comments are to be submitted These proposed flood hazard recommendations for resolution. Use of on or before November 8, 2016. determinations, together with the the SRP only may be exercised after ADDRESSES: The Preliminary FIRM, and floodplain management criteria required FEMA and local communities have been where applicable, the FIS report for by 44 CFR 60.3, are the minimum that engaged in a collaborative consultation each community are available for are required. They should not be process for at least 60 days without a inspection at both the online location construed to mean that the community mutually acceptable resolution of an and the respective Community Map must change any existing ordinances appeal. Additional information Repository address listed in the tables that are more stringent in their regarding the SRP process can be found below. Additionally, the current floodplain management requirements. online at http://floodsrp.org/pdfs/srp_ effective FIRM and FIS report for each The community may at any time enact fact_sheet.pdf. community are accessible online stricter requirements of its own or The watersheds and/or communities through the FEMA Map Service Center pursuant to policies established by other affected are listed in the tables below. at www.msc.fema.gov for comparison. Federal, State, or regional entities. The Preliminary FIRM, and where You may submit comments, identified These flood hazard determinations are applicable, FIS report for each by Docket No. FEMA–B–1642, to Rick used to meet the floodplain community are available for inspection Sacbibit, Chief, Engineering Services management requirements of the NFIP at both the online location and the Branch, Federal Insurance and and also are used to calculate the respective Community Map Repository Mitigation Administration, FEMA, 400 appropriate flood insurance premium address listed in the tables. For C Street SW., Washington, DC 20472, rates for new buildings built after the communities with multiple ongoing (202) 646–7659, or (email) FIRM and FIS report become effective. Preliminary studies, the studies can be [email protected]. The communities affected by the identified by the unique project number flood hazard determinations are FOR FURTHER INFORMATION CONTACT: Rick and Preliminary FIRM date listed in the provided in the tables below. Any Sacbibit, Chief, Engineering Services tables. Additionally, the current request for reconsideration of the Branch, Federal Insurance and effective FIRM and FIS report for each revised flood hazard information shown Mitigation Administration, FEMA, 400 community are accessible online on the Preliminary FIRM and FIS report C Street SW., Washington, DC 20472, through the FEMA Map Service Center that satisfies the data requirements (202) 646–7659, or (email) at www.msc.fema.gov for comparison. outlined in 44 CFR 67.6(b) is considered [email protected]; or visit an appeal. Comments unrelated to the (Catalog of Federal Domestic Assistance No. the FEMA Map Information eXchange flood hazard determinations also will be 97.022, ‘‘Flood Insurance.’’) (FMIX) online at considered before the FIRM and FIS Dated: August 2, 2016. www.floodmaps.fema.gov/fhm/fmx_ report become effective. Roy E. Wright, main.html. Use of a Scientific Resolution Panel Deputy Associate Administrator for Insurance SUPPLEMENTARY INFORMATION: FEMA (SRP) is available to communities in and Mitigation, Department of Homeland proposes to make flood hazard support of the appeal resolution Security, Federal Emergency Management determinations for each community process. SRPs are independent panels of Agency. listed below, in accordance with section experts in hydrology, hydraulics, and I. Watershed-based studies:

Community Community map repository address

Lower Sabine Watershed

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Calcasieu Parish, Louisiana and Incorporated Areas

Unincorporated Areas of Calcasieu Parish ...... Planning and Development Department, 901 Lakeshore Drive, Lake Charles, LA 70601.

II. Non-watershed-based studies:

Community Community map repository address

Camden County, Georgia and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 12–04–0913S Preliminary Date: December 15, 2015

City of Kingsland ...... City Hall, 107 South Lee Street, Kingsland, GA 31548. City of St. Marys ...... Community Development Department, 418 Osborne Street, St. Marys, GA 31558. City of Woodbine ...... City Hall, 310 Bedell Avenue, Woodbine, GA 31569. Unincorporated Areas of Camden County ...... Camden County Planning and Development Department, 107 Gross Road, Suite 3, Kingsland, GA 31548.

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Community Community map repository address

Effingham County, Georgia and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 12–04–0917S Preliminary Date: November 16, 2015

City of Rincon ...... City Hall, Building and Zoning Department, 302 South Columbia Ave- nue, Rincon, GA 31326. Unincorporated Areas of Effingham County ...... Effingham County Courthouse, GIS Department, 901 North Pine Street, Suite 206, Springfield, GA 31329.

Glynn County, Georgia and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 12–04–0916S Preliminary Date: December 11, 2015

City of Brunswick ...... City Hall, 601 Gloucester Street, Brunswick, GA 31520. Jekyll Island State Park Authority ...... Fire and EMS Department, 200 Stable Road, Jekyll Island, GA 31527. Unincorporated Areas of Glynn County ...... Glynn County Offices, Harold Pate Building, 1725 Reynolds Street, 2nd Floor, Brunswick, GA 31520.

Long County, Georgia and Incorporated Areas

Maps Available for Inspection Online at:http://www.fema.gov/preliminaryfloodhazarddata

Project: 12–04–0919S Preliminary Date: November 16, 2015

Unincorporated Areas of Long County ...... Long County Code Enforcement Office, 285 South McDonald Street, Ludowici, GA 31316.

Washington County, Maine (All Jurisdictions)

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 13–01–1510S Preliminary Date: March 4, 2016

Baring Plantation ...... Land Use Planning Commission, 106 Hogan Road, Suite 8, Bangor, ME 04401. City of Calais ...... City Building, 11 Church Street, Calais, ME 04619. City of Eastport ...... City Hall, 78 High Street, Eastport, ME 04631. Grand Lake Stream Plantation ...... Land Use Planning Commission, 106 Hogan Road, Suite 8, Bangor, ME 04401. Passamaquoddy Tribe At Pleasant Point ...... Passamaquoddy Tribal Office, 136 County Road, Perry, ME 04667. Town of Addison ...... Town Hall, 334 Water Street, Addison, ME 04606. Town of Alexander ...... Town Hall, 50 Cooper Road, Alexander, ME 04694. Town of Baileyville ...... Town Office, 63 Broadway Street, Baileyville, ME 04694. Town of Beals ...... Town Office, 11 Big Pond Road, Beals, ME 04611. Town of Charlotte ...... Town Office, 1098 Ayers Junction Road, Charlotte, ME 04666. Town of Cherryfield ...... Town Office, 12 Municipal Way, Cherryfield, ME 04622. Town of Columbia ...... Town Hall, 106 Epping Road, Columbia, ME 04623. Town of Columbia Falls ...... Town Office, 8 Point Street, Columbia Falls, ME 04623. Town of Crawford ...... First Selectman’s Office, 359 Crawford Arm Road, Crawford, ME 04694. Town of Cutler ...... Town Office, 2655 Cutler Road, Cutler, ME 04626. Town of Danforth ...... Town Office, 18 Central Street, Danforth, ME 04424. Town of Dennysville ...... Town Office, 2 Main Street, Dennysville, ME 04628. Town of East Machias ...... Town Office, 32 Cutler Road, East Machias, ME 04630. Town of Harrington ...... Town Office, 114 East Main Street, Harrington, ME 04643. Town of Jonesboro ...... Town Office, 23 Station Road, Jonesboro, ME 04648. Town of Jonesport ...... Town Office, 70 Snare Creek Lane, Jonesport, ME 04649. Town of Lubec ...... Town Office, 40 School Street, Lubec, ME 04652. Town of Machias ...... Town Office, 7 Court Street, Suite 1, Machias, ME 04654. Town of Machiasport ...... Town Office, 8 Unity Square, Machiasport, ME 04655. Town of Marshfield ...... Town Office, 187 Northfield Road, Marshfield, ME 04654. Town of Milbridge ...... Town Office, 22 School Street, Milbridge, ME 04658. Town of Northfield ...... Town Hall, 1940 Northfield Road, Northfield, ME 04654. Town of Pembroke ...... Town Office, 48 Old County Road, Pembroke, ME 04666. Town of Perry ...... Town Office, 898 U.S. Route 1, Perry, ME 04667. Town of Princeton ...... Town Office, 15 Depot Street, Princeton, ME 04668. Town of Robbinston ...... Town Office, 904 U.S. Route 1, Robbinston, ME 04671. Town of Roque Bluffs ...... Town Hall, 3 Roque Bluffs Road, Roque Bluffs, ME 04654. Town of Steuben ...... Town Office, 294 U.S. Route 1, Steuben, ME 04680. Town of Talmadge ...... Chairperson’s Office, 47 Talmadge Road, Talmadge, ME 04492. Town of Topsfield ...... Town Office, 48 North Road, Topsfield, ME 04490.

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Community Community map repository address

Town of Vanceboro ...... Town Office, 101 High Street, Vanceboro, ME 04491. Town of Wesley ...... Town Office, 2 Whining Pines Drive, Wesley, ME 04686. Town of Whiting ...... Town Office, 169 U.S. Route 1, Whiting, ME 04691. Town of Whitneyville ...... Town Office, 42 South Main Street, Whitneyville, ME 04654. Township of Brookton ...... Land Use Planning Commission, 106 Hogan Road, Suite 8, Bangor, ME 04401. Township of Edmunds ...... Land Use Planning Commission, 106 Hogan Road, Suite 8, Bangor, ME 04401. Township of Lambert Lake ...... Land Use Planning Commission, 106 Hogan Road, Suite 8, Bangor, ME 04401. Township of Trescott ...... Land Use Planning Commission, 106 Hogan Road, Suite 8, Bangor, ME 04401.

Dunn County, North Dakota Unincorporated Areas

Maps Available for Inspection Online at:http://www.fema.gov/preliminaryfloodhazarddata

Project: 16–08–0347S Preliminary Date: March 10, 2016 Unincorporated Areas of Dunn County ...... Dunn County Courthouse, 205 Owens Street, Manning, ND 58642.

[FR Doc. 2016–18977 Filed 8–9–16; 8:45 am] EFFECTS OF CLIMATE ON effects on the most important waterfowl BILLING CODE 9110–12–P WATERFOWL’. Please also forward a habitat and harvest factors that affect copy of your comments and suggestions waterfowl population size and (4) the on this information collection to the highest priority research needs on DEPARTMENT OF THE INTERIOR Information Collection Clearance breeding, migratory and wintering Officer, U.S. Geological Survey, 12201 ranges. We are collecting this Geological Survey Sunrise Valley Drive MS 807, Reston, information with a questionnaire survey of a sample of professional waterfowl [G15AC00486] VA 20192 (mail); (703) 648–7195 (fax); or [email protected] (email). researchers and managers because Agency Information Collection Please reference ‘OMB Information scientific papers that present this Activities: Request for Comments on Collection 1028—NEW: ASSESSMENT information are not available. The the Assessment of Effects of Climate OF EFFECTS OF CLIMATE ON information we collect will identify the on Waterfowl WATERFOWL’ in all correspondence. most important research topics within FOR FURTHER INFORMATION CONTACT: Brad and among Regional Climate Science AGENCY: U.S. Geological Survey (USGS), Griffith, Leader, USGS, Alaska Centers in regard to climate effects on Interior. Cooperative Fish and Wildlife Research migratory waterfowl. We will (1) ACTION: Notice of a new information Unit at (907) 474–5067 or summarize the results, (2) present them collection, Assessment of Effects of [email protected]. at a workshop at a national scientific Climate on Waterfowl. You may also find information about meeting, (3) use this presentation to this ICR at www.reginfo.gov. facilitate further discussion among SUMMARY: We (the U.S. Geological SUPPLEMENTARY INFORMATION: professional waterfowl researchers and Survey) are notifying the public that we managers who attend the workshop have submitted to the Office of I. Abstract regarding research priorities and (4) Management and Budget (OMB) the The USGS National Climate Change publish the results of the survey and the information collection request (ICR) and Wildlife Science Center coordinates workshop discussion in a refereed described below. To comply with the the research activities of 8 Regional scientific publication. Paperwork Reduction Act of 1995 (PRA) Climate Science Centers. To increase II. Data and as part of our continuing efforts to efficiency of investigations, the reduce paperwork and respondent relevance of research topics and the OMB Control Number: 1028–NEW. Title: ASSESSMENT OF EFFECTS OF burden, we invite the general public and effectiveness of research it is critical to other Federal agencies to take this CLIMATE ON WATERFOWL. identify the types of information that are Type of Request: Approval of new opportunity to comment on this ICR. most critical for the development of a DATES: To ensure that your comments information collection. focused and integrated multi-regional Respondent Obligation: Voluntary. on this ICR are considered, OMB must research program. This is particularly Frequency of Collection: One time. receive them on or before September 9, true for wildlife species that migrate Description of Respondents: 2016. (e.g., waterfowl) among regions in Professional waterfowl researchers and ADDRESSES: Please submit written which the direction and strength of managers that are employed by State or comments on this information climate effects on wildlife populations Federal government agencies or Private collection directly to the Office of and their habitats are expected to be organizations such as Ducks Unlimited. Management and Budget (OMB), Office quite variable. This collection seeks to Estimated Total Number of Annual of Information and Regulatory Affairs, identify (1) the most important habitat Responses: 250; Private 125, State and Attention: Desk Officer for the and harvest factors that affect waterfowl Local Govt. 125. Department of the Interior, via email: population size on breeding, migratory Estimated Time per Response: We ([email protected]); or and winter ranges, (2) the demographic estimate that it will take 20 minutes per by fax (202) 395–5806; and identify your traits (fecundity or survival) that are person to complete the questionnaire for submission with ‘OMB Control Number affected by these factors, (3) the likely a single waterfowl species and that 1028—NEW ASSESSMENT OF direction and magnitude of climate approximately half of the respondents

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will take an additional 10 minutes to Legal Authority: Migratory Bird Treaty SUPPLEMENTARY INFORMATION: Southern complete the survey for a second Act of 1918 (MBTA), codified at 16 U.S.C. California Edison (SCE) proposes to species. 703–712. upgrade and adjust the routes of the Estimated Annual Burden Hours: 106 John Thompson, following existing 220 kV transmission hours. Deputy Chief, U.S. Geological Survey, lines within SCE’s existing West of Estimated Reporting and Cooperative Research Units. Devers right-of-way corridor in Recordkeeping ‘‘Non-Hour Cost’’ [FR Doc. 2016–18928 Filed 8–9–16; 8:45 am] incorporated and unincorporated areas Burden: There are no ‘‘non-hour cost’’ of Riverside and San Bernardino BILLING CODE 4338–11–P burdens associated with this collection counties: Devers-El Casco, El Casco-San of information. Bernardino, Devers-San Bernardino, Public Disclosure Statement: The PRA DEPARTMENT OF THE INTERIOR Devers-Vista No. 1 and No. 2, Etiwanda- (44 U.S.C. 3501, et seq.) provides that an San Bernardino, and San Bernardino- agency may not conduct or sponsor and Bureau of Land Management Vista. you are not required to respond to a Of the overall 48-mile length of the collection of information unless it [LLCAD06000.L51010000. ER0000.15X transmission corridor, about 6 miles displays a currently valid OMB control LVRWB15B5410] would cross Trust Lands (Reservation) number. Until the OMB approves a Notice of Availability of the Final of the Morongo Band of Mission collection of information, you are not Environmental Impact Statement for Indians, and about 1 mile is on BLM- obliged to respond. the West of Devers Upgrade Project, administered public lands. The BLM Comments: On 10/30/2015, we lands are located east of the City of published a Federal Register notice (80 Riverside and San Bernardino Counties, CA Banning and west of the City of Desert FR 66931) announcing that we would Hot Springs in Riverside County, submit this ICR to OMB for approval AGENCY: Bureau of Land Management, California. In addition to the and soliciting comments. The comment Interior. transmission line improvements, period closed on 12/29/2015. USGS ACTION: Notice of Availability. substation equipment at Devers, El received one public comment regarding Casco, Etiwanda, San Bernardino, the general hardship of birdlife and a SUMMARY: In accordance with the Timoteo and Tennessee and Vista statement that no information needed to National Environmental Policy Act of Substations would be upgraded to be collected because the information 1969, as amended, the Bureau of Land accommodate the project changes to was already collected by every state. Management (BLM) has prepared a transmission and subtransmission This latter statement was not correct as Final Environmental Impact Statement systems. Construction of the Project we found when we queried five (EIS) for the West of Devers Upgrade would facilitate the full deliverability of professional waterfowl biologists asking Project and by this notice is announcing new renewable energy generation whether any similar surveys to ours its availability. resources now being developed in were being, or had been, conducted and DATES: The BLM will not issue a final eastern Riverside County, including the all said they knew of none and that our decision on the proposal for a minimum BLM’s Riverside East Solar Energy survey work would be useful. of 30 days after the date that the Zone, into the Los Angeles area. As a result, the Project would III. Request for Comments Environmental Protection Agency publishes its Notice of Availability in facilitate progress towards meeting We again invite comments concerning the Federal Register. California’s Renewable Portfolio this ICR as to: (a) Whether the proposed Standard goals, which now require ADDRESSES: collection of information is necessary Copies of the Final EIS for utilities to produce 50 percent of their for the agency to perform its duties, the Project are available for public electricity sales from renewable energy including whether the information is inspection at the BLM Palm Springs- sources by 2030, as well as President useful; (b) the accuracy of the agency’s South Coast Field Office, 1201 Bird Obama’s Climate Action Plan, which estimate of the burden of the proposed Center Drive, Palm Springs, CA 92262, directs the Department of the Interior to collection of information; (c) how to and to the BLM California Desert approve at least 20,000 megawatts of enhance the quality, usefulness, and District Office, 22835 Calle San Juan De renewable energy capacity on public clarity of the information to be Los Lagos, Moreno Valley, CA 92553. lands by 2020. Utility-scale solar energy collected; and (d) how to minimize the Interested persons may also review the development in eastern Riverside burden on the respondents, including Final EIS on the Internet at http:// County plays an important role in the use of automated collection www.blm.gov/ca/st/en/fo/palmsprings/ meeting California’s renewable energy techniques or other forms of information transmission/WestOfDeversProject.html. goals, allowing for immediate and technology. FOR FURTHER INFORMATION CONTACT: sizeable deployment, driving costs Please note that comments submitted Frank McMenimen, Project Manager, down and taking advantage of the in response to this notice are a matter telephone 760–833–7150; address 1201 State’s best renewable energy resources. of public record. Before including your Bird Center Drive, Palm Springs, CA Additionally, these upgrades are personal mailing address, phone 92262; email [email protected] or required to comply with transmission number, email address, or other [email protected]. reliability standards and will support personally identifiable information in Persons who use a telecommunications integration of small scale electricity your comment, you should be aware device for the deaf (TDD) may call the generation. that your entire comment, including Federal Information Relay Service In addition to the Proposed Action, your personally identifiable (FIRS) at 1–800–877–8339 to contact the the Final EIS considers three project information, may be made publicly above individual during normal alternatives and a No Action available at any time. While you can ask business hours. The FIRS is available 24 Alternative, as well as connected us and the OMB in your comment to hours a day, 7 days a week, to leave a actions enabled by the project. The first withhold your personal identifying message or question with the above alternative, the Tower Relocation information from public review, we individual. You will receive a reply Alternative, moves some proposed cannot guarantee that it will be done. during normal business hours. towers away from residences. The

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second alternative, the Iowa Street 66 DEPARTMENT OF THE INTERIOR Pike County kV Underground Alternative, would Paupack School, 545 PA 507, Palmyra place a small portion of the National Park Service Township, 16000573 subtransmission line underground. The [NPS–WASO–NRNHL–21559; TEXAS third alternative, the Phased Build PPWOCRADI0, PCU00RP14.R50000] Alternative, would retain some of the Harris County existing towers, use a different National Register of Historic Places; Southwestern Bell Capitol Main Office, 1121 conductor type, and have smaller Notification of Pending Nominations Capitol St. & 1114 Texas Ave., Houston, 16000574 capacity than the proposed Project. and Related Actions WISCONSIN The Final EIS evaluates the potential AGENCY: National Park Service, Interior. impacts of the project and alternatives ACTION: Notice. Rock County on air quality, biological resources, Haven—Crandall House, 220 S. Janesville St., cultural resources, water resources, SUMMARY: The National Park Service is Milton, 16000575 soliciting comments on the significance geological resources and hazards, land Authority: 60.13 of 36 CFR part 60. use, noise, paleontological resources, of properties nominated before July 16, Dated: July 18, 2016. public health, socioeconomics, soils, 2016, for listing or related actions in the J. Paul Loether, traffic and transportation, visual National Register of Historic Places. resources, wilderness characteristics, DATES: Comments should be submitted Chief, National Register of Historic Places/ National Historic Landmarks Program. and other resources. Mitigation by August 25, 2016. [FR Doc. 2016–18930 Filed 8–9–16; 8:45 am] measures are included to conserve ADDRESSES: Comments may be sent via priority habitat in the region, including U.S. Postal Service to the National BILLING CODE 4312–51–P requirements to restore, compensate, Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, and minimize native vegetation and DEPARTMENT OF THE INTERIOR habitat loss; not allow for a net loss for Washington, DC 20240; by all other jurisdictional waters and wetlands; and carriers, National Register of Historic National Park Service ensure compliance with two regional Places, National Park Service, 1201 Eye St. NW., 8th floor, Washington, DC [NPS–WASO–PPFL–LRD–21603; Multiple Species Habitat Conservation 20005; or by fax, 202–371–6447. PS.SPPFL0070.00.1.] Plans. SUPPLEMENTARY INFORMATION: The In accordance with Department of the Proposed Information Collection; properties listed in this notice are being National Park Service Relocation Interior regulations (43 CFR 46.425), the considered for listing or related actions BLM identified a preferred alternative in Assistance and Real Property in the National Register of Historic Acquisition Program the Final EIS based on feedback on the Places. Nominations for their Draft Joint Environmental Impact Report consideration were received by the AGENCY: National Park Service, Interior. (EIR)/EIS from the public and National Park Service before July 16, ACTION: Notice; request for comments. cooperating agencies. The BLM 2016. Pursuant to section 60.13 of 36 preferred alternative is the Proposed CFR part 60, written comments are SUMMARY: We (National Park Service, Action with incorporation of the Tower being accepted concerning the NPS) will ask the Office of Management Relocation Alternative and the Iowa significance of the nominated properties and Budget (OMB) to approve the Street 66 kV Underground Alternative. under the National Register criteria for information collection (IC) described evaluation. below. To comply with the Paperwork The BLM will prepare a Record of Reduction Act of 1995 and as a part of Decision (ROD) for the proposed project Before including your address, phone number, email address, or other our continuing efforts to reduce after a 30-day period following personal identifying information in your paperwork and respondent burden, we publication of the NOA. comment, you should be aware that invite the general public and other Comments on the Draft Joint EIR/EIS your entire comment—including your Federal agencies to comment on this IC. received from the public and internal personal identifying information—may We may not conduct or sponsor and a BLM review were considered and be made publicly available at any time. person is not required to respond to a incorporated as appropriate into the While you can ask us in your comment collection unless it displays a currently Final EIS. Public comments resulted in to withhold your personal identifying valid OMB control number. the addition of clarifying text, but did information from public review, we DATES: Please submit your comment on not significantly change the analysis or cannot guarantee that we will be able to or before October 11, 2016. conclusions presented in the Draft EIR/ do so. ADDRESSES: Please send your comments EIS. MASSACHUSETTS on the ICR to Madonna L. Baucum, Information Collection Clearance Authority: 40 CFR 1506.6, 40 CFR 1506.10. Bristol County Officer, National Park Service, 12201 Thomas Pogacnik, Rhodes, M.M. and Sons Co., 12 Porter St., Sunrise Valley Drive, Mail Stop 242, _ Deputy State Director. Taunton, 16000570 Reston, VA 20192 (mail); or madonna [FR Doc. 2016–18992 Filed 8–9–16; 8:45 am] PENNSYLVANIA [email protected] (email). Please reference ‘‘1024–New LRD’’ in the BILLING CODE 4310–40–P Bucks County subject line. Perkasie Park Camp Meeting, 200 S. 9th St., FOR FURTHER INFORMATION CONTACT: Joe Perkasie, 16000571 Cook, Realty Specialist, National Park Philadelphia County Service, Land Resources Division, 1201 Progress Lighting Manufacturing Company, I Street NW., Washington, DC 20005; 1401–1409 Germantown Ave., [email protected] (email); or (202) 513– Philadelphia, 16000572 7029 (phone).

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SUPPLEMENTARY INFORMATION: The NPS procedures for acquisition of days of the date of mailing of the land or interests therein and for the decision, a written notice of appeal is I. Abstract relocation of occupants are governed by mailed to: Director, Office of Hearings The National Park Service Organic the Act. The NPS proposes to verify and Appeals, Department of the Interior, Act, 54 U.S.C. 100101(a) et seq.), eligibility for reimbursement of certain Washington, DC 20240. The notice of requires that the NPS preserve national expenses incurred by a property owner appeal should contain information to parks for the enjoyment, education, and incidental to the conveyance of real identify the action or decision appealed inspiration of this and future property to the United States, and to and should give a brief but complete generations. A number of NPS units quantify the amount of reimbursement statement of the facts relied upon and contain privately held lands. In order to payments through the implementation the relief desired. A copy of the notice preclude incompatible development, of proposed Form 10–840. of appeal and any accompanying protect resources and provide for visitor statements of the reasons for it should NPS Form 10–840, ‘‘Claim for use and enjoyment, it is sometimes be mailed to the official who made the Reimbursement of Expenses Incidental necessary for the NPS to seek to acquire decision. certain private lands or interests therein. to Conveyance of Real Property’’ The NPS also cooperates with states, The information collected via II. Data local governments, nonprofit proposed Form 10–840 includes: OMB Control Number: 1024–New. organizations and property owners to • Contact information, to include Title: National Park Service provide other forms of protection. name, telephone number, Social Relocation Assistance and Real Property As required by the provisions of Security Number or Taxpayer Acquisition Program. Public Law 91–646, the Uniform Identification Number, email address, Form(s): NPS Form 10–840, ‘‘Claim Relocation Assistance and Real Property and complete mailing address; for Reimbursement of Expenses Acquisition Policies Act of 1970, as • Location of property acquired by Incidental to Conveyance of Real amended, NPS provides relocation the agency; and, Property’’. assistance benefits to all eligible parties • Incidental expenses, to include Type of Request: Existing collection in displaced by an agency acquisition. The recording and transfer fees, penalty use without approval. purpose of the Act is to provide for costs, and allowable taxes paid. Description of Respondents: Private uniform and equitable treatment of individuals; businesses; educational persons displaced from their homes, Appeals Process institutions; nonprofit organizations; businesses, or farms and to establish The appeals procedure is contained in state, local, and tribal governments. uniform and equitable land acquisition 49 Code of Federal Regulations, part Respondent’s Obligation: Required to policies associated with for Federal and 24.10. The NPS’ decision on submitted obtain or retain benefits. federally assisted programs. claims will be final unless, within 60 Frequency of Collection: On occasion.

Estimated Estimated average Estimated Activity total completion total annual annual time burden hours responses (hours)

Form 830 (Individuals) ...... 170 .5 85 Form 830 (Businesses) ...... 30 .5 15 Form 830 (State, local, tribal governments) ...... 1 .5 .5 Appeals (Individuals) ...... 5 2 10 Appeals (Businesses) ...... 2 12 24 Appeals (State, local, tribal governments) ...... 1 12 12

Totals ...... 209 ...... 146.5

Estimated Annual Reporting and Please note that the comments Dated: August 4, 2016. Recordkeeping ‘‘Non-Hour Cost’’: None. submitted in response to this notice are Madonna L. Baucum, III. Comments a matter of public record. Before Information Collection Clearance Officer, including your address, phone number, National Park Service. We invite comments concerning this email address, or other personal [FR Doc. 2016–18959 Filed 8–9–16; 8:45 am] IC on: identifying information in your BILLING CODE 4310–EH–P • Whether or not the collection of comment, you should be aware that information is necessary, including your entire comment, including your whether or not the information will personal identifying information, may DEPARTMENT OF THE INTERIOR have practical utility; be made publicly available at any time. National Park Service • The accuracy of our estimate of the While you can ask us in your comment burden for this collection of to withhold your personal identifying information; information from public review, we [NPS–WASO–NRNHL–21612; PPWOCRADI0, PCU00RP14.R50000] • Ways to enhance the quality, utility, cannot guarantee that we will be able to and clarity of the information to be do so. National Register of Historic Places; collected; and Notification of Pending Nominations • Ways to minimize the burden of the and Related Actions collection of information on respondents. AGENCY: National Park Service, Interior.

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ACTION: Notice. Grand Trunk Western Railroad Grand Haven Stark County Coal Tipple, 300 Block of N. Harbor Dr. in City Savings Bank & Trust Company, 449 E. SUMMARY: The National Park Service is Chinook Pier Park, Grand Haven, 16000583 Main St., Alliance, 16000602 soliciting comments on the significance of properties nominated before July 23, MISSOURI OREGON 2016, for listing or related actions in the St. Louis County Multnomah County National Register of Historic Places. Curtiss—Wright Aeroplane Factory, 130 Vancouver Avenue First Baptist Church, DATES: Comments should be submitted Banshee Rd., Hazelwood, 16000586 3138 N. Vancouver Ave., Portland, by August 25, 2016. 16000604 St. Louis Independent city ADDRESSES: Comments may be sent via In the interest of preservation, a three day U.S. Postal Service to the National Locust Street Automotive District, Boundary comment period has been requested for the Increase II, 2722–2900 Locust St., 2727– following resources: Register of Historic Places, National 2801 Locust St., St. Louis (Independent Park Service, 1849 C St. NW., MS 2280, City), 16000581 CALIFORNIA Washington, DC 20240; by all other Fresno County carriers, National Register of Historic NEW MEXICO Places, National Park Service, 1201 Eye Muir, John, Memorial Shelter, CA 180, Grant Santa Fe County Grove Village in Kings Canyon National St. NW., 8th floor, Washington, DC Santa Fe National Cemetery, 501 N. Park, Grant Cove, 16000576 20005; or by fax, 202–371–6447. Guadalupe St., Santa Fe, 16000588 SUPPLEMENTARY INFORMATION: The OHIO NEW YORK properties listed in this notice are being Cuyahoga County considered for listing or related actions Delaware County NASA Lewis Research Center—Development in the National Register of Historic Second Walton Army (Thirty-third Separate Engineering Building & Annex, 21000 Places. Nominations for their Company), 139 Stockton Ave., Walton, Brookpark Rd., Fairview, 16000599 consideration were received by the 16000591 Grossman Paper Box Company, 1729 National Park Service before July 23, Superior Ave., Cleveland, 16000601 Erie County 2016. Pursuant to section 60.13 of 36 Wood County CFR part 60, written comments are Buffalo Public School #63 (PS 63), 91 Lisbon being accepted concerning the Ave., Buffalo, 16000587 Ford, Edward, Plate Glass Company Depew High School, 591 Terrace Blvd., Employee Relations Building, 140 Dixie significance of the nominated properties Highway, Rossford, 16000600 under the National Register criteria for Depew, 16000593 evaluation. St. Teresa’s Roman Catholic Church Authority: 60.13 of 36 CFR part 60 Before including your address, phone Complex, 1970 Seneca St., 17 Mineral Dated: July 27, 2016. number, email address, or other Springs Rd., Buffalo, 16000589 J. Paul Loether, personal identifying information in your Niagara County Chief, National Register of Historic Places/ comment, you should be aware that Ascension Roman Catholic Church Complex, National Historic Landmarks Program. your entire comment—including your 168 and 172 Robinson St., 61, 69 and 91 [FR Doc. 2016–18929 Filed 8–9–16; 8:45 am] personal identifying information—may Keil St., North Tonawanda, 16000592 BILLING CODE 4312–51–P be made publicly available at any time. While you can ask us in your comment Tompkins County to withhold your personal identifying Dennis—Newton House, 421 N. Albany St., DEPARTMENT OF THE INTERIOR information from public review, we Ithaca, 16000590 cannot guarantee that we will be able to NORTH CAROLINA Bureau of Safety and Environmental do so. Enforcement Alamance County [Docket ID BSEE–2016–0002; OMB Control ILLINOIS May Hosiery Mills Knitting Mill, 612 S. Main Number 1014–0002; 16XE1700DX Cook County St., Burlington, 16000585 EEEE500000 EX1SF0000.DAQ000] Congress Theater, 2117–2139 N. Milwaukee OHIO Ave., Chicago, 16000579 Information Collection Activities: Oil Cuyahoga County and Gas Production Measurement, Lemont Downtown Historic District, Roughly Cleveland Public Carnegie Library Hough bounded by Main, Stephen, Illinois, River Surface Commingling, and Security; Branch, 1765 Crawford Rd., Cleveland, and Front Sts., Lemont, 16000582 Submitted for Office of Management 16000603 Overton, Anthony, Elementary School, 221 E. and Budget (OMB) Review; Comment 49th St., Chicago, 16000578 Commodore Hotel, The, (Apartment Request Buildings in Ohio Urban Centers, 1870– Kendall County 1970 MPS) 11990 Ford Dr., 11309–11325 ACTION: 30-Day notice. Bristol Congregational Church, 107 W. Center Euclid Ave., Cleveland, 16000594 SUMMARY: St., Yorkville, 16000580 To comply with the Franklin County Paperwork Reduction Act of 1995 IOWA Engine House No. 6, 540 W. Broad St., (PRA), the Bureau of Safety and Scott County Columbus, 16000595 Environmental Enforcement (BSEE) is First Federal Savings and Loan Association Hamilton County notifying the public that we have submitted to OMB an information Building, 131 W. Third Street, Davenport, Neppert, Joseph and Cecilia, House, 1550 16000577 Neeb Rd., Cincinnati, 16000596 collection request (ICR) to renew approval of the paperwork requirements Rauh, Frederick and Harriet, House, 10068 MICHIGAN in the regulations under Subpart L, Oil Leacrest Rd., Woodlawn, 16000597 Ottawa County and Gas Production Measurement, Grand Haven Historic District, Washington Portage County Surface Commingling, and Security. Ave., adjacent Sts., Harbor Dr. through 600 Gross, L.N., Company Building, 315 Gougler This notice also provides the public a blks., Grand Haven, 16000584 Ave., Kent, 16000598 second opportunity to comment on the

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revised paperwork burden of these energy needs as rapidly as possible; to to Lessees and Operators (NTLs) that regulatory requirements. balance orderly energy resource BSEE issues to clarify, supplement, or DATE: You must submit comments by development with protection of human, provide additional guidance on some September 9, 2016. marine, and coastal environments; to aspects of our regulations. ADDRESSES: Submit comments by either ensure the public a fair and equitable Some responses are mandatory and fax (202) 395–5806 or email return on the resources of the OCS; and some are required to obtain or retain a ([email protected]) to preserve and maintain free enterprise benefit. No questions of a sensitive directly to the Office of Information and competition. nature are asked. BSEE will protect Regulatory Affairs, OMB, Attention: In addition to the general authority of proprietary information according to the Desk Officer for the Department of the OCSLA at 43 U.S.C. 1334, section 301(a) Freedom of Information Act (5 U.S.C. Interior (1014–0002). Please provide a of the Federal Oil and Gas Royalty 552) and DOI’s implementing copy of your comments to BSEE by any Management Act (FOGRMA), 30 U.S.C. regulations (43 CFR 2); 30 CFR 250.197, of the means below. 1751(a), grants authority to the Secretary Data and information to be made • Electronically go to http:// to prescribe such rules and regulations available to the public or for limited www.regulations.gov. In the Search box, as are reasonably necessary to carry out inspection; and 30 CFR part 252, OCS enter BSEE–2016–0002 then click FOGRMA’s provisions. While the Oil and Gas Information Program. search. Follow the instructions to majority of FOGRMA is directed to BSEE uses the information collected submit public comments and view all royalty collection and enforcement, under subpart L to ensure that the related materials. We will post all some provisions apply to offshore volumes of hydrocarbons produced are comments. operations. For example, section 108 of measured accurately, and royalties are • Email [email protected], fax FOGRMA, 30 U.S.C. 1718, grants the paid on the proper volumes. (703) 787–1093, or mail or hand-carry Secretary broad authority to inspect Specifically, BSEE needs the comments to the Department of the lease sites for the purpose of information to: Interior; Bureau of Safety and determining whether there is • Determine if measurement Environmental Enforcement; compliance with the mineral leasing equipment is properly installed, Regulations and Standards Branch; laws. Section 109(c)(2) and (d)(1), 30 provides accurate measurement of ATTN: Nicole Mason; 45600 Woodland U.S.C. 1719(c)(2) and (d)(1), impose production on which royalty is due, and Road, Sterling, VA 20166. Please substantial civil penalties for failure to is operating properly; reference ICR 1014–0002 in your permit lawful inspections and for • Obtain rates of production comment and include your name and knowing or willful preparation or measured at royalty meters, which can return address. submission of false, inaccurate, or be examined during field inspections; FOR FURTHER INFORMATION CONTACT misleading reports, records, or other : • Ascertain if all removals of oil and information. Because the Secretary has Nicole Mason, Regulations and condensate from the lease are reported; Standards Branch, (703) 787–1607, to delegated some of the authority under • Ensure that the sales location is request additional information about FOGRMA to BSEE, 30 U.S.C. 1751 is secure and production cannot be this ICR. To see a copy of the entire ICR included as additional authority for removed without the volumes being submitted to OMB, go to http:// these requirements. recorded; www.reginfo.gov (select Information The Independent Offices • Collection Review, Currently Under Appropriations Act (31 U.S.C. 9701), the Review proving reports to verify Review). Omnibus Appropriations Bill (Pub. L. that data on run tickets are calculated 104–133, 110 Stat. 1321, April 26, and reported accurately; SUPPLEMENTARY INFORMATION: • Review gas volume statements and Title: 30 CFR 250, Subpart L, Oil and 1996), and OMB Circular A–25, authorize Federal agencies to recover compare them with the Oil and Gas Gas Production Measurement, Surface Operations Reports to verify accuracy. Commingling, and Security. the full cost of services that confer Form(s): There are no forms special benefits. Under the Department Frequency: On occasion and monthly. associated with this information of the Interior’s (DOI) implementing Description of Respondents: Potential collection. policy, BSEE is required to charge fees respondents comprise OCS Federal oil, OMB Control Number: 1014–0002. for services that provide special benefits gas, or sulphur lessees and/or operators Abstract: The Outer Continental Shelf or privileges to an identifiable non- and holders of pipeline rights-of-way. (OCS) Lands Act at 43 U.S.C. 1334 Federal recipient above and beyond Estimated Reporting and authorizes the Secretary of the Interior those which accrue to the public at Recordkeeping Hour Burden: The to prescribe rules and regulations large. Applications for surface estimated annual hour burden for this necessary for the administration of the commingling and measurement are information collection is a total of leasing provisions of that Act related to subject to cost recovery and BSEE 39,905 hours. The following chart mineral resources on the OCS. Such regulations specify service fees for these details the individual components and rules and regulations will apply to all requests. estimated hour burdens. In calculating operations conducted under a lease, These authorities and responsibilities the burdens, we assumed that right-of-way, or a right-of-use and are among those delegated to BSEE. The respondents perform certain easement. Operations on the OCS must regulations at 30 CFR 250, subpart L, Oil requirements in the normal course of preserve, protect, and develop oil and and Gas Production Measurement, their activities. We consider these to be natural gas resources in a manner that Surface Commingling, and Security, are usual and customary and took that into is consistent with the need to make such the subject of this collection. This account in estimating the burden. resources available to meet the Nation’s request also covers the related Notices BILLING CODE 4310–VH–P

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BURDEN BREAKDOWN

Annual Average No. Citation Hour Burden Reporting or Recordkeeping of Annual 30 CFR250 Burden Hours Requirement+ Responses Subpart L (rounded) Non-Hour Cost Burdens Liquid Hydrocarbon Measurement 202(a)(l), Submit application for liquid hydrocarbon Simple: 9 37 Simple 333 (b )(1); or gas measurement procedures or Applications 1203(b)(l); changes; or for commingling of $1,371 simple fee x 37 applications= 1204(a)(l) production or changes. $50,727 Complex: 67 Complex 2,345 35 Applications $4,056 complex fee x 67 applications = $271,752 No fee Submit meter status and other 2 ?95 notifications 590 notifications. 1202(a)( 4) Copy & send pipeline (retrograde) 2 2 volumes 4 condensate volumes upon request. 1202(c)(l), Record obseiVed data, correction factors Respondents record these 0 (2); & net standard volume on royalty meter items as part of normal 1202(e)(4); and tank run tickets. business records & 1202(h)(l), Record master meter calibration runs. practices to verify (2), (3), (4); Record mechanical-displacement prover, accuracy of production 1202(i)(l)(i master meter, or tank prover proof runs. measured for sale v), (2)(iii); Record liquid hydrocarbon royalty meter purposes. 1202(j) malfunction and repair or adjustment on proving report; record unregistered production on run ticket. List Cpl and Ctl factors on run tickets. 1202(c)(4)* Copy & send each liquid hydrocarbon run 31 17,978 9,289 ticket monthly. minutes tickets 1202(d)(l); Permit BSEE to witness testing; request 2.5 744 proving 1,860 (d)(4); approval for proving on a schedule other requests (k)(9); than monthly; request approval for well 2.5 21 well test 53 1204(b)(l) testing on a schedule other than every 60 requests days. 1202(d)(5)* Copy & submit each liquid hydrocarbon 27 6,822 reports 3,070 royalty meter proving report monthly & minutes request waiver as needed. 1202(f)(2)* Copy & submit each mechanical- 27 67 reports 30 displacement prover & tank prover minutes calibration report. 1202(i)(2)* Copy & submit each royalty tank 70 4 charts 5 calibration chart before using for royalty minutes measurement. 1202(i)(3)* Copy & submit each inventory tank 82 2 charts 3 calibration chart upon request; retain minutes 13 charts 8 charts for as long as tanks are in use. 35 minutes

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Annual Average No. Citation Hour Burden Reporting or Recordkeeping of Annual 30 CFR250 Burden Hours Requirement+ Responses Subpart L (rounded) Non-Hour Cost Burdens Gas Measurement 1203(b )(6), Copy & submit each gas quality and 40 6,275 4,183 (8), (9)* volume statement monthly or as minutes Statements requested. 1203(c)(l) Request approval for gas calibration on a 1 520 requests 520 schedule other than monthly. 1203(c)(4)*; Copy & submit gas meter calibration 20 10 reports 3 (c)(5) reports upon request; retain for 2 years; minutes 17,448 2,908 permit BSEE to witness calibrations. 10 reports minutes 1203(e)(l)* Copy & submit gas processing plant 45 1 record. 1 records upon request. minutes 1203(f)(5) Copy & submit measuring records of gas 1 3 records 3 lost or used on lease upon request. Surface Commingling 1204(a)(2) Provide state production volumetric 10 1 report 10 and/or fractional analysis data upon request. 1205(a)(2) Post signs at royalty or inventory tank 2 30 signs 60 used in royalty determination process. 1205(a)(4) Report security problems (telephone). 20 2 calls 1 minutes Miscellaneous and Recordkeeping 1202(e)(6) Retain master meter calibration reports for 20 168 reports 56 2 years. minutes 1202(k)(5) Retain liquid hydrocarbon allocation 17 9,864 reports 2,795 meter proving reports for 2 years. minutes 1203(f)(4) Document & retain measurement records 18 9,829 2,949 on gas lost or used on lease for 2 years at minutes field location and minimum 7 years at location of respondent's choice. 1204(b )(3) Retain well test data for 2 years. 17 23,868 6,763 minutes 1205(b )(3), Retain seal records for 2 years; make 15 8,250 2,063 (4) records available for BSEE inspection. minutes 102,361 39,905 responses hours Total Burden $322,479 Non-Hour Cost Burdens + In the future, BSEE will be allowmg the optiOn of electromc reporting for certam reqmrements. *Respondents gather this information as part of their normal business practices. B SEE only requires copies of readily available documents. There is no burden for testing, meter reading, etc.

BILLING CODE 4310–VH–C Estimated Reporting and We estimate that the non-hour cost Recordkeeping Non-Hour Cost Burden: burden for this information collection is

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$322,479. These cost burdens are for be made publicly available at any time. International Trade Commission, 500 E filing fees associated with submitting While you can ask us in your comment Street SW., Washington, DC 20436, requests for approval of: to withhold your personal identifying telephone (202) 205–2000. General • Simple applications (applications to information from public review, we information concerning the Commission temporarily reroute production for a cannot guarantee that we will be able to may also be obtained by accessing its duration not to exceed 6 months; do so. Internet server (http://www.usitc.gov). production tests prior to pipeline Information Collection Clearance The public record for this investigation construction; departures related to Officer: Nicole Mason, 703–787–1607. may be viewed on the Commission’s meter proving, well testing, or sampling Dated:August 4, 2016. electronic docket (EDIS) at http:// frequency ($1,371 per application)). edis.usitc.gov. Hearing-impaired • complex applications (creation of Robert W. Middleton, Deputy Chief, Office of Offshore Regulatory persons are advised that information on new facility measurement points this matter can be obtained by (FMPs); association of leases or units Programs. [FR Doc. 2016–18953 Filed 8–9–16; 8:45 am] contacting the Commission’s TDD with existing FMPs; inclusion of terminal on (202) 205–1810. production from additional structures; BILLING CODE 4310–VH–P SUPPLEMENTARY INFORMATION: Section meter updates which add buyback gas 337 of the Tariff Act of 1930 provides meters or pigging meters; other that if the Commission finds a violation applications which request deviations INTERNATIONAL TRADE it shall exclude the articles concerned from the approved allocation COMMISSION from the United States: procedures ($4,056 per application)). [Investigation No. 337–TA–947] Public Disclosure Statement: The PRA unless, after considering the effect of such (44 U.S.C. 3501, et seq.) provides that an Certain Light-Emitting Diode Products exclusion upon the public health and agency may not conduct or sponsor a and Components Thereof; Notice of welfare, competitive conditions in the United States economy, the production of like or collection of information unless it Request for Statements on the Public displays a currently valid OMB control directly competitive articles in the United Interest States, and United States consumers, it finds number. Until OMB approves a that such articles should not be excluded AGENCY: U.S. International Trade collection of information, you are not from entry. obligated to respond. Commission. Comments: Section 3506(c)(2)(A) of ACTION: Notice. 19 U.S.C. 1337(d)(1). A similar the PRA (44 U.S.C. 3501, et seq.) provision applies to cease and desist requires each agency ‘‘. . . to provide SUMMARY: Notice is hereby given that orders. 19 U.S.C. 1337(f)(1). notice . . . and otherwise consult with the presiding administrative law judge The Commission is interested in members of the public and affected (‘‘ALJ’’) has issued a Final Initial further development of the record on agencies concerning each proposed Determination and Recommended the public interest in its investigations. collection of information . . .’’ Agencies Determination on Remedy and Bonding Accordingly, members of the public are must specifically solicit comments to: in the above-captioned investigation. invited to file submissions of no more (a) Evaluate whether the collection is The Commission is soliciting comments than five (5) pages, inclusive of necessary or useful; (b) evaluate the on public interest issues raised by the attachments, concerning the public accuracy of the burden of the proposed recommended relief should the interest in light of the administrative collection of information; (c) enhance Commission find a violation of section law judge’s Recommended the quality, usefulness, and clarity of 337, as amended, 19 U.S.C. 1337. The Determination on Remedy and Bonding the information to be collected; and (d) ALJ recommended a limited exclusion issued in this investigation on July 29, minimize the burden on the order directed against certain infringing 2016. Comments should address respondents, including the use of light-emitting diode products and whether issuance of an exclusion order technology. components thereof imported by and/or cease and desist orders in this To comply with the public Respondents Feit Electric Company, Inc. investigation would affect the public consultation process, on March 7, 2016, of Pico Rivera, California (‘‘Feit USA’’); health and welfare in the United States, we published a Federal Register notice Feit Electric Company, Inc. of Xiamen, competitive conditions in the United (81 FR 11834) announcing that we China; Unity Opto Technology Co., Ltd. States economy, the production of like would submit this ICR to OMB for of New Taipei City, Taiwan; and Unity or directly competitive articles in the approval. The notice provided the Microelectronics, Inc. of Plano, Texas; United States, or United States required 60-day comment period. In and a cease and desist order directed consumers. addition, § 250.199 provides the OMB against Feit USA. This notice is In particular, the Commission is Control Number for the information soliciting public interest comments from interested in comments that: collection requirements imposed by the the public only. Parties are to file public (i) Explain how the articles 30 CFR 250, Subpart L regulations. The interest submissions pursuant to 19 CFR potentially subject to the recommended regulation also informs the public that 210.50(a)(4). orders are used in the United States; they may comment at any time on the FOR FURTHER INFORMATION CONTACT: (ii) identify any public health, safety, collections of information and provides Cathy Chen, Office of the General or welfare concerns in the United States the address to which they should send Counsel, U.S. International Trade relating to the recommended orders; comments. We received no comments in Commission, 500 E Street SW., (iii) indicate the extent to which like response to the Federal Register notice. Washington, DC 20436, telephone (202) or directly competitive articles are Public Availability of Comments: 205–2392. The public version of the produced in the United States or are Before including your address, phone complaint can be accessed on the otherwise available in the United States, number, email address, or other Commission’s electronic docket (EDIS) with respect to the articles potentially personal identifying information in your at http://edis.usitc.gov, and will be subject to the recommended orders; comment, you should be aware that available for inspection during official (iv) indicate whether complainant, your entire comment—including your business hours (8:45 a.m. to 5:15 p.m.) complainant’s licensees, and/or third personal identifying information—may in the Office of the Secretary, U.S. party suppliers have the capacity to

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replace the volume of articles Commission should grant such By order of the Commission. potentially subject to the recommended treatment. See 19 CFR 201.6. Documents Issued: August 4, 2016. orders within a commercially for which confidential treatment by the Lisa R. Barton, reasonable time; and Commission is properly sought will be Secretary to the Commission. (v) explain how the recommended treated accordingly. All information, [FR Doc. 2016–18904 Filed 8–9–16; 8:45 am] orders would impact consumers in the including confidential business BILLING CODE 7020–02–P United States. information and documents for which Written submissions must be filed no confidential treatment is properly later than by close of business on sought, submitted to the Commission for September 6, 2016. purposes of this Investigation may be DEPARTMENT OF JUSTICE Persons filing written submissions disclosed to and used: (i) By the must file the original document Commission, its employees and Offices, Drug Enforcement Administration electronically on or before the deadlines and contract personnel (a) for [Docket No. DEA–392] stated above and submit 8 true paper developing or maintaining the records copies to the Office of the Secretary by of this or a related proceeding, or (b) in Importer of Controlled Substances noon the next day pursuant to internal investigations, audits, reviews, Registration Commission Rule 210.4(f), 19 CFR and evaluations relating to the 210.4(f). Submissions should refer to the programs, personnel, and operations of ACTION: Notice of registration. investigation number (‘‘Inv. No. 947’’) in the Commission including under 5 a prominent place on the cover page U.S.C. Appendix 3; or (ii) by U.S. SUMMARY: Registrants listed below have and/or the first page. (See Handbook for government employees and contract applied for and been granted Electronic Filing Procedures, http:// personnel, solely for cybersecurity registration by-the Drug Enforcement www.usitc.gov/secretary/fed_reg_ purposes. All contract personnel will Administration (DEA) as importers of notices/rules/handbook_on_electronic_ sign appropriate nondisclosure various classes of schedule I or II filing.pdf). Persons with questions agreements. All non-confidential controlled substances. regarding filing should contact the written submissions will be available for SUPPLEMENTARY INFORMATION: The Secretary, (202) 205–2000. public inspection at the Office of the companies listed below applied to be Any person desiring to submit a Secretary and on EDIS. registered as an importer of various document to the Commission in This action is taken under the basic classes of controlled substances. confidence must request confidential authority of section 337 of the Tariff Act Information on previously published treatment. All such requests should be of 1930, as amended (19 U.S.C. 1337), notices is listed in the table below. No directed to the Secretary to the and part 210 of the Commission’s Rules comments or objections were submitted Commission and must include a full of Practice and Procedure (19 CFR part and no requests for hearing were statement of the reasons why the 210). submitted for these notices.

Company FR Docket Published

Mylan Pharmaceuticals, Inc...... 80 FR 75691 ...... December 3, 2015. Hospira ...... 81 FR 1208 ...... January 11, 2016. Cambrex Charles City ...... 81 FR 14892 ...... March 18, 2016. Pharmacore ...... 81 FR 15565 ...... March 23, 2016. Mallinckrodt LLC ...... 81 FR 15566 ...... March 23, 2016. Meda Pharmaceuticals, Inc...... 81 FR 15560 ...... March 23, 2016. Stepan Company ...... 81 FR 20417 ...... April 7, 2016

The DEA has considered the factors in with 21 CFR 1301.34, the DEA has SUMMARY: Registrants listed below have 21 U.S.C. 823, 952(a) and 958(a) and granted a registration as an importer for applied for and been granted determined that the registration of the schedule I or II controlled substances to registration by-the Drug Enforcement listed registrants to import the the above listed persons. Administration (DEA) as bulk applicable basic classes of schedule I or Dated: August 2, 2016. manufacturers of various classes of II controlled substances is consistent Louis J. Milione, controlled substances. with the public interest and with United Deputy Assistant Administrator. SUPPLEMENTARY INFORMATION: States obligations under international The [FR Doc. 2016–18922 Filed 8–9–16; 8:45 am] treaties, conventions, or protocols in companies listed below applied to be BILLING CODE 4410–09–P effect on May 1, 1971. The DEA registered as manufacturers of various investigated each company’s basic classes of controlled substances. Information on previously published maintenance of effective controls DEPARTMENT OF JUSTICE against diversion by inspecting and notices is listed in the table below. No testing each company’s physical Drug Enforcement Administration comments or objections were submitted for these notices. security systems, verifying each [Docket No. DEA–392] company’s compliance with state and local laws, and reviewing each Bulk Manufacturer of Controlled company’s background and history. Substances Registration Therefore, pursuant to 21 U.S.C. ACTION: Notice of registration. 952(a) and 958(a), and in accordance

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Company FR Docket Published

Noramco, Inc...... 81 FR 7587 ...... February 12, 2016. Cayman Chemical Company ...... 81 FR 9217 ...... February 24, 2016. Janssen Pharmaceutical, Inc...... 81 FR 9219 ...... February 24, 2016. Insys Therapeutics, Inc...... 81 FR 9220 ...... February 24, 2016. Siemens Healthcare Diagnostics, Inc...... 81 FR 15565 ...... March 23, 2016. Siegfried USA, LLC ...... 81 FR 15567 ...... March 23, 2016. Patheon Pharmaceuticals, Inc...... 81 FR 15571 ...... March 23, 2016. Navinta, LLC ...... 81 FR 20418 ...... April 7, 2016. Patheon API Manufacturing, Inc...... 81 FR 22122 ...... April 14, 2016.

The DEA has considered the factors in the Clean Water Act by discharging state claims alleged in this action by the 21 U.S.C. 823(a) and determined that pollutants without a permit into waters United States and the Pennsylvania the registration of these registrants to of the United States. The proposed Department of Environmental Protection manufacture the applicable basic classes Consent Decree resolves these Against CONSOL Energy Inc., CNX Coal of controlled substances is consistent allegations by requiring Mr. Eoff to Resources LP, and Consol Pennsylvania with the public interest and with United restore the impacted areas, perform Coal Company LLC for the discharge of States obligations under international mitigation and pay a civil penalty. pollutants from the Bailey Mine treaties, conventions, or protocols in The Department of Justice will accept Complex in Greene and Washington effect on May 1, 1971. The DEA written comments relating to this Counties, Pennsylvania, into state investigated each of the company’s proposed Consent Decree for thirty (30) waters and waters of the United States maintenance of effective controls days from the date of publication of this in violation of limits in National against diversion by inspecting and Notice. Please address comments to Lisa Pollutant Discharge Elimination System testing each company’s physical Bell, Trial Attorney and John E. (‘‘NPDES’’) permits. Under the proposed security systems, verifying each Sullivan, Trial Attorney for the United Consent Decree, Defendants will company’s compliance with state and States Department of Justice, perform injunctive relief including local laws, and reviewing each Environment and Natural Resources implementing water management company’s background and history. Division, Environmental Defense measures to prevent contaminated Therefore, pursuant to 21 U.S.C. Section, Post Office Box 7611, discharge, conducting long-term 823(a), and in accordance with 21 CFR Washington, DC 20044 and refer to Dan monitoring to ensure sufficient storage 1301.33, the DEA has granted a Eoff v. United States Environmental capacity to prevent future discharges, registration as a bulk manufacturer to Protection Agency, DJ # 90–5–1–4– developing contingency plans should the above listed persons. 19920. future discharges become likely, and The proposed Consent Decree may be Dated: August 2, 2016. implementing an environmental examined at the Clerk’s Office, United Louis J. Milione, management system to ensure States District Court for the Eastern Deputy Assistant Administrator. compliance with the Clean Water Act District of Arkansas, Western Division, and other applicable environmental [FR Doc. 2016–18921 Filed 8–9–16; 8:45 am] 600 West Capitol Avenue, Suite A149, laws. In addition, Defendants will pay a BILLING CODE 4410–09–P Little Rock, AR 72201. In addition, the proposed Consent Decree may be total civil penalty of $3 million in three examined electronically at http:// installments, with the last payment on DEPARTMENT OF JUSTICE www.justice.gov/enrd/consent-decrees. January 15, 2018. The publication of this notice opens Notice of Lodging Proposed Consent Cherie L. Rogers, Decree a period for public comment on the Assistant Section Chief, Environmental Consent Decree. Comments should be In accordance with Departmental Defense Section, Environment and Natural addressed to the Assistant Attorney Resources Division. Policy, 28 CFR 50.7, notice is hereby General, Environment and Natural given that a proposed Consent Decree in [FR Doc. 2016–18933 Filed 8–9–16; 8:45 am] Resources Division, and should refer to Dan Eoff v. United States Environmental BILLING CODE 4410–15–P United States and the Pennsylvania Protection Agency, Civil Action No. Department of Environmental 4:13–cv–00368–DPM, was lodged with DEPARTMENT OF JUSTICE Protection v. CONSOL Energy Inc. et al., the United States District Court for the D.J. Ref. No. 90–5–1–1–10614. All Eastern District of Arkansas, Western Notice of Lodging of Proposed comments must be submitted no later Division, on August 4, 2016. Consent Decree Under the Clean Water than thirty (30) days after the This proposed Consent Decree Act publication date of this notice. concerns a complaint filed by Plaintiff Comments may be submitted either by and Counterclaim Defendant Dan Eoff On August 4, 2016, the Department of email or by mail: against the United States Environmental Justice lodged a proposed Consent Protection Agency, and an answer and Decree with the United States District To submit counterclaim filed by the United States, Court for the Western District of comments: Send them to: on behalf of the United States Pennsylvania in the lawsuit entitled Environmental Protection Agency, United States and the Pennsylvania By email ...... pubcomment- against Dan Eoff pursuant to Section Department of Environmental [email protected]. 301(a) of the Clean Water Act, to obtain Protection v. CONSOL Energy Inc., et By mail ...... Assistant Attorney General, injunctive relief from and impose civil al., Civil Action No. 2:16–CV–01178. U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC penalties against the Plaintiff and The proposed Consent Decree will 20044–7611. Counterclaim Defendant for violating resolve Clean Water Act and associated

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During the public comment period, ADAMS Public Documents collection at Optimized ZIRLOTM. The licensee the Consent Decree may be examined http://www.nrc.gov/reading-rm/ requested the exemption because these and downloaded at this Justice adams.html. To begin the search, select regulations do not have provisions for Department Web site: https:// ‘‘ADAMS Public Documents’’ and then the use of fuel rod cladding material www.justice.gov/enrd/consent-decrees. select ‘‘Begin Web-based ADAMS other than zircaloy or ZIRLOTM. Because We will provide a paper copy of the Search.’’ For problems with ADAMS, the material specifications of Optimized Consent Decree upon written request please contact the NRC’s Public ZIRLOTM differ from the specifications and payment of reproduction costs. Document Room (PDR) reference staff at for zircaloy or ZIRLOTM, a plant-specific Please mail your request and payment 1–800–397–4209, 301–415–4737, or by exemption is required to support the to: Consent Decree Library, U.S. DOJ— email to [email protected]. The reload applications for WCGS. ENRD, P.O. Box 7611, Washington, DC ADAMS accession number for each The exemption request relates solely 20044–7611. document referenced in this document to the cladding material specified in Please enclose a check or money order (if that document is available in these regulations (i.e., fuel rods with for $15.25 (25 cents per page ADAMS) is provided the first time that Zircaloy or ZIRLOTM cladding material). reproduction cost) payable to the United a document is referenced. This exemption would provide for the States Treasury. • NRC’s PDR: You may examine and application of the acceptance criteria of 10 CFR 50.46 and 10 CFR part 50, Jeffrey Sands, purchase copies of public documents at the NRC’s PDR, Room O1–F21, One appendix K, to fuel assembly designs Assistant Section Chief, Environmental using Optimized ZIRLOTM fuel rod Enforcement Section, Environment and White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. cladding material. In its letter dated Natural Resources Division. January 27, 2016, as supplemented by FOR FURTHER INFORMATION CONTACT: Carl [FR Doc. 2016–18931 Filed 8–9–16; 8:45 am] letter dated May 19, 2016, the licensee F. Lyon, Office of Nuclear Reactor BILLING CODE 4410–15–P indicated that it was not seeking an Regulation, U.S. Nuclear Regulatory exemption from the acceptance and Commission, Washington, DC 20555– analytical criteria of these regulations. 0001; telephone: 301–415–2296, email: NUCLEAR REGULATORY The intent of the request is to allow the [email protected]. COMMISSION use of the criteria set forth in these SUPPLEMENTARY INFORMATION: [Docket Nos. 50–482; NRC–2016–0162] regulations for application of the I. Background Optimized ZIRLOTM fuel rod cladding Wolf Creek Generating Station; Use of material. The licensee is the holder of Renewed Optimized ZIRLOTM Fuel Rod Cladding Facility Operating License No. NPF–42, III. Discussion Material which authorizes operation of WCGS. Pursuant to 10 CFR 50.12, the AGENCY: Nuclear Regulatory The license provides, among other Commission may, upon application by Commission. things, that the facility is subject to all any interested person or upon its own ACTION: Exemption; issuance. rules, regulations, and orders of the NRC initiative, grant exemptions from the now or hereafter in effect. The facility requirements of 10 CFR part 50 when: SUMMARY: The U.S. Nuclear Regulatory consists of a pressurized-water reactor (1) The exemptions are authorized by Commission (NRC) is issuing an located in Coffey County, Kansas. law, will not present an undue risk to exemption in response to a January 27, II. Request/Action public health or safety, and are 2016, request, as supplemented on May consistent with the common defense 19, 2016, from Wolf Creek Nuclear Pursuant to § 50.12 of title 10 of the and security; and (2) when special Operating Corporation (WCNOC or the Code of Federal Regulations (10 CFR), circumstances are present. Under 10 licensee) in order to use Optimized ‘‘Specific exemptions,’’ the licensee CFR 50.12(a)(2), special circumstances ZIRLOTM fuel rod cladding material at requested by letter dated January 27, include, among other things, when Wolf Creek Generating Station (WCGS). 2016, as supplemented by letter dated application of the specific regulation in DATES: The exemption was issued on May 19, 2016 (ADAMS Accession Nos. the particular circumstance would not August 2, 2016. ML16033A470 and ML16161A509, serve, or is not necessary to achieve, the ADDRESSES: Please refer to Docket ID respectively), an exemption from underlying purpose of the rule. NRC–2016–0162 when contacting the specific requirements of 10 CFR 50.46, A. Special Circumstances NRC about the availability of ‘‘Acceptance criteria for emergency core information regarding this document. cooling systems [ECCS] for light-water Special circumstances, in accordance You may obtain publicly-available nuclear power reactors,’’ and 10 CFR with 10 CFR 50.12(a)(2)(ii), are present information related to this document part 50, appendix K, ‘‘ECCS Evaluation whenever application of the regulation using any of the following methods: Models,’’ to allow the use of fuel rod in the particular circumstances is not • Federal Rulemaking Web site: Go to cladding with Optimized ZIRLOTM alloy necessary to achieve the underlying http://www.regulations.gov and search for future reload applications. The purpose of the rule. The underlying for Docket ID NRC–2016–0162. Address regulations in 10 CFR 50.46 contain purpose of 10 CFR 50.46 and 10 CFR questions about NRC dockets to Carol acceptance criteria for the ECCS for part 50, appendix K, is to establish Gallagher; telephone: 301–415–3463; reactors fueled with zircaloy or acceptance criteria for ECCS email: [email protected]. For ZIRLOTM fuel rod cladding material. In performance. The regulations in 10 CFR technical questions, contact the addition, 10 CFR part 50, appendix K, 50.46 and 10 CFR part 50, appendix K, individual listed in the FOR FURTHER requires that the Baker-Just equation be are not directly applicable to Optimized INFORMATION CONTACT section of this used to predict the rates of energy ZIRLOTM, even though the evaluations document. release, hydrogen concentration, and described in the following sections of • NRC’s Agencywide Documents cladding oxidation from the metal/water this exemption show that the intent of Access and Management System reaction. The Baker-Just equation the regulation is met. Therefore, since (ADAMS): You may obtain publicly- assumes the use of a zirconium alloy, the underlying purposes of 10 CFR available documents online in the which is a material different from 50.46 and 10 CFR part 50, appendix K,

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are achieved through the use of (ADAMS Accession No. ML062080569), reaction tests performed by Optimized ZIRLOTM fuel rod cladding demonstrate an acceptable retention of Westinghouse on Optimized ZIRLOTM material, the special circumstances post-quench ductility up to 10 CFR (see Appendix B of WCAP–12610–P–A required by 10 CFR 50.12(a)(2)(ii) for the 50.46 limits of 2200 degrees Fahrenheit & CENPD–404–P–A Addendum 1–A) granting of an exemption exist. and 17 percent equivalent clad reacted. demonstrate conservative reaction rates Furthermore, the NRC staff concluded B. Authorized by Law relative to the Baker-Just equation. that oxidation measurements provided Therefore, the NRC staff determined that This exemption would allow the use by the licensee by letter LTR–NRC–07– the application of Paragraph I.A.5 of 10 of Optimized ZIRLOTM fuel rod 58 from Westinghouse to the NRC, ‘‘SER CFR part 50, appendix K, is not cladding material for future reload Compliance with WCAP–12610–P–A & necessary to achieve the underlying applications at WCGS. As stated above, CENPD–404–P–A, Addendum 1–A, purpose of the rule in these 10 CFR 50.12 allows the NRC to grant ‘Optimized ZIRLOTM,’ ’’ dated circumstances. Since these evaluations exemptions from the requirements of 10 November 6, 2007 (public version in demonstrate that the underlying CFR part 50. The NRC staff has ADAMS under Accession No. purpose of the rule will be met, there determined that granting the licensee’s ML073130560), illustrate that oxide will be no undue risk to the public proposed exemption would not result in thickness and associated hydrogen health and safety. a violation of the Atomic Energy Act of pickup for Optimized ZIRLOTM at any 1954, as amended, or the Commission’s given burnup would be less than both D. Consistent With the Common Defense regulations. Therefore, the exemption is zircaloy-4 and ZIRLOTM. Hence, the and Security authorized by law. NRC staff concludes that Optimized The licensee’s exemption request is TM C. No Undue Risk to Public Health and ZIRLO would be expected to only to allow the application of the Safety maintain better post-quench ductility aforementioned regulations to an than ZIRLOTM. This finding is further Section 50.46 requires that each improved fuel rod cladding material. In supported by an ongoing LOCA research its letter dated January 27, 2016, as boiling or pressurized light-water program at Argonne National nuclear power reactor fueled with supplemented by letter dated May 19, Laboratory, which has identified a 2016, the licensee stated that all the uranium oxide pellets within strong correlation between cladding cylindrical zircaloy or ZIRLOTM requirements and acceptance criteria hydrogen content (caused by in-service will be maintained. The licensee is cladding must be provided with an corrosion) and post-quench ductility. ECCS that must be designed so that its required to handle and control special In addition, the provisions of 10 CFR nuclear material in these assemblies in calculated cooling performance 50.46 require the licensee to following postulated loss-of-coolant accordance with its approved periodically evaluate the performance of procedures. This change to the plant accidents (LOCAs) conforms to the the ECCS, using currently approved configuration is not related to security criteria set forth in 10 CFR 50.46(b). The LOCA models and methods, to ensure issues. Therefore, the NRC staff underlying purpose of 10 CFR 50.46 is that the fuel rods will continue to satisfy determined that this exemption does not to establish acceptance criteria for the 10 CFR 50.46 acceptance criteria. In impact common defense and security. adequate ECCS performance. As its letter dated January 27, 2016, the previously documented in the NRC licensee stated that for LOCA scenarios, E. Environmental Considerations staff’s safety evaluation dated June 10, where the slight difference in Optimized 2005 (ADAMS Package Accession No. ZIRLOTM material properties relative to The NRC staff determined that the ML051670395), of topical reports standard ZIRLOTM could have some exemption discussed herein meets the submitted by Westinghouse Electric impact on the overall accident scenario, eligibility criteria for the categorical Company (Westinghouse), and subject plant-specific LOCA analyses using exclusion set forth in 10 CFR 51.22(c)(9) to compliance with the specific Optimized ZIRLOTM properties will because it is related to a requirement conditions of approval established in demonstrate that the acceptance criteria concerning the installation or use of a the safety evaluation, the NRC staff of 10 CFR 50.46 have been satisfied. facility component located within the found that Westinghouse demonstrated Granting the exemption to allow the restricted area, as defined in 10 CFR the applicability of these ECCS licensee to use Optimized ZIRLOTM fuel part 20, and the granting of this acceptance criteria to Optimized rod cladding material in addition to the exemption involves: (i) No significant ZIRLOTM. The NRC staff found that the current mix of fuel rods does not hazards consideration, (ii) no significant Westinghouse topical report diminish this requirement of periodic change in the types or a significant demonstrates the applicability of these evaluation of ECCS performance. increase in the amounts of any effluents ECCS acceptance criteria to Optimized Therefore, the underlying purpose of the that may be released offsite, and (iii) no ZIRLOTM, subject to the compliance rule will continue to be achieved for significant increase in individual or with the specific conditions of approval WCGS. cumulative occupational radiation established therein. The NRC staff Paragraph I.A.5 of 10 CFR part 50, exposure. Therefore, in accordance with reviewed the licensee’s January 27, appendix K, states that the rates of 10 CFR 51.22(b), no environmental 2016, application, as supplemented by energy release, hydrogen concentration, impact statement or environmental letter dated May 9, 2016, against these and cladding oxidation from the metal- assessment need be prepared in specific conditions and found that the water reaction shall be calculated using connection with the NRC’s licensee was in compliance with all of the Baker-Just equation. Since the consideration of this exemption request. the applicable conditions. The NRC Baker-Just equation presumes the use of The basis for the NRC staff’s staff’s review of these specific zircaloy clad fuel, strict application of determination is discussed as follows conditions for WCGS can be found in this provision of the rule would not with an evaluation against each of the ADAMS under Accession No. permit use of the equation for the requirements in 10 CFR 51.22(c)(9). TM ML16179A293. Ring compression tests Optimized ZIRLO fuel rod cladding Requirements in 10 CFR 51.22(c)(9)(i) performed by Westinghouse on material for determining acceptable fuel Optimized ZIRLOTM (see WCAP–14342– performance. However, the NRC staff The NRC staff evaluated the issue of A & CENPD–404–NP–A, dated July 2006 previously found that metal-water no significant hazards consideration,

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using the standards described in 10 CFR Based on the above, the NRC staff exemption relates solely to the cladding 50.92(c), as presented below: concludes that the proposed exemption material specified in these regulations. presents no significant hazards consideration 1. Does the proposed exemption involve a under the standards set forth in 10 CFR Dated at Rockville, Maryland, this 2nd day significant increase in the probability or 50.92(c), and, accordingly, a finding of no of August 2016. consequences of an accident previously significant hazards consideration is justified For the Nuclear Regulatory Commission. evaluated? (i.e., satisfies the provision of 10 CFR Anne T. Boland, Response: No. The proposed change would 51.22(c)(9)(i)). allow the use of Optimized ZIRLOTM fuel rod Director, Division of Operating Reactor cladding material in the reactors. The NRC Requirements in 10 CFR 51.22(c)(9)(ii) Licensing, Office of Nuclear Reactor Regulation. approved topical report WCAP–12610–P–A & The proposed exemption would allow CENPD–404–P–A Addendum 1–A, TM [FR Doc. 2016–18979 Filed 8–9–16; 8:45 am] TM the use of Optimized ZIRLO fuel rod ‘‘Optimized ZIRLO ,’’ prepared by BILLING CODE 7590–01–P Westinghouse, addresses Optimized cladding material in the reactors. TM ZIRLOTM and demonstrates that Optimized Optimized ZIRLO has essentially the ZIRLOTM has essentially the same properties same properties as the currently as the currently licensed ZIRLOTM. The fuel licensed ZIRLOTM. The use of the OFFICE OF PERSONNEL cladding itself is not an accident initiator and Optimized ZIRLOTM fuel rod cladding does not affect accident probability. Use of material will not significantly change MANAGEMENT Optimized ZIRLOTM fuel rod cladding the types of effluents that may be Excepted Service material will continue to meet all 10 CFR released offsite, or significantly increase 50.46 acceptance criteria and, therefore, will the amount of effluents that may be AGENCY not increase the consequences of an accident. : U.S. Office of Personnel Therefore, the proposed change does not released offsite. Therefore, the provision Management (OPM). involve a significant increase in the of 10 CFR 51.22(c)(9)(ii) is satisfied. ACTION: Notice. probability or consequences of an accident Requirements in 10 CFR 51.22(c)(9)(iii) previously evaluated. SUMMARY: This notice identifies 2. Does the proposed exemption create the The proposed exemption would allow Schedule A, B, and C appointing TM possibility of a new or different kind of the use of the Optimized ZIRLO fuel authorities applicable to a single agency accident from any accident previously rod cladding material in the reactors. that were established or revoked from evaluated? TM Optimized ZIRLO has essentially the May 1, 2016 to May 31, 2016. Response: No. The use of Optimized same properties as the currently TM FOR FURTHER INFORMATION CONTACT: ZIRLO fuel rod cladding material will not licensed ZIRLOTM. The use of the result in changes in the operation or Optimized ZIRLOTM fuel rod cladding Senior Executive Resources Services, configuration of the facility. Topical Report Senior Executive Service and WCAP–12610–P–A & CENPD–404–P–A material will not significantly increase individual occupational radiation Performance Management, Employee demonstrated that the material properties of Services, (202) 606–2246. Optimized ZIRLOTM are similar to those of exposure, or significantly increase standard ZIRLOTM. Therefore, the Optimized cumulative occupational radiation SUPPLEMENTARY INFORMATION: In ZIRLOTM fuel rod cladding material will exposure. Therefore, the provision of 10 accordance with 5 CFR 213.103, perform similarly to those fabricated from CFR 51.22(c)(9)(iii) is satisfied. Schedule A, B, and C appointing standard ZIRLOTM, therefore precluding the authorities available for use by all possibility of the fuel cladding becoming an Conclusion agencies are codified in the Code of accident initiator and causing a new or Based on the above, the NRC staff Federal Regulations (CFR). Schedule A, different type of accident. Therefore, the proposed change does not concludes that the proposed exemption B, and C appointing authorities create the possibility of a new or different meets the eligibility criteria for the applicable to a single agency are not kind of accident from any previously categorical exclusion set forth in 10 CFR codified in the CFR, but the Office of evaluated. 51.22(c)(9). Therefore, in accordance Personnel Management (OPM) 3. Does the proposed exemption involve a with 10 CFR 51.22(b), no environmental publishes a notice of agency-specific significant reduction in a margin of safety? impact statement or environmental authorities established or revoked each Response: No. The proposed change will assessment need be prepared in month in the Federal Register at not involve a significant reduction in the connection with the NRC’s proposed www.gpo.gov/fdsys/. OPM also margin of safety, because it has been issuance of this exemption. publishes an annual notice of the demonstrated that the material properties of consolidated listing of all Schedule A, the Optimized ZIRLOTM are not significantly IV. Conclusions different from those of standard ZIRLOTM. B, and C appointing authorities, current Optimized ZIRLOTM is expected to perform Accordingly, the Commission has as of June 30, in the Federal Register. TM determined that, pursuant to 10 CFR similarly to standard ZIRLO for all normal Schedule A operating and accident scenarios, including 50.12, the exemption is authorized by both LOCA and non-LOCA scenarios. For law, will not present an undue risk to No schedule A authorities to report LOCA scenarios, where the slight difference the public health and safety, and is during May 2016. in the Optimized ZIRLOTM material consistent with the common defense properties, relative to standard ZIRLOTM and security. Also, special Schedule B could have some impact on the overall circumstances are present. Therefore, No schedule B authorities to report accident scenario, plant-specific LOCA the Commission hereby grants WCNOC during May 2016. analyses using the Optimized ZIRLOTM an exemption from the requirements of properties demonstrate that the acceptance Schedule C criteria of 10 CFR 50.46 have been satisfied. 10 CFR 50.46 and 10 CFR part 50, Therefore, the proposed change does not appendix K, to allow the use of The following Schedule C appointing involve a significant reduction in a margin of Optimized ZIRLOTM fuel rod cladding authorities were approved during May safety. material at WCGS. As stated above, this 2016.

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Authorization Agency name Organization name Position title No. Effective date

Department of Agriculture ...... Office of the Secretary ...... Special Assistant (2) ...... DA160122 5/12/2016 DA160123 5/12/2016 Office of Small and Disadvantaged Director ...... DA160125 5/13/2016 Business Utilization. Office of the Under Secretary Farm Deputy Chief of Staff ...... DA160126 5/13/2016 and Foreign Agricultural Service. Foreign Agricultural Service ...... Deputy Chief of Staff ...... DA160132 5/24/2016 Office of Under Secretary for Nat- Chief of Staff ...... DA160133 5/24/2016 ural Resources and Environment. Department of Commerce ...... Office of Public Affairs ...... Speechwriter and Press Assistant DC160141 5/6/2016 Bureau of Industry and Security .... Special Advisor ...... DC160150 5/10/2016 Office of the Assistant Secretary Director of External Affairs ...... DC160151 5/10/2016 for Economic Development. Department of Defense ...... Office of the Assistant Secretary of Special Assistant for East Asia ...... DD160137 5/10/2016 Defense (Asian and Pacific Se- curity Affairs). Office of the Assistant Secretary of Special Assistant for the Middle DD160145 5/18/2016 Defense (International Security East. Affairs). Office of the Secretary ...... Special Assistant ...... DD160147 5/20/2016 Director, Travel Operations ...... DD160146 5/23/2016 Office of the Assistant Secretary of Chief of Staff for Stability and Hu- DD160148 5/25/2016 Defense (Special Operations/ manitarian Affairs. Low Intensity Conflict and Inter- dependent Capabilities). Department of the Air Force ...... Office of Assistant Secretary Air Director of Private Sector Engage- DF160035 5/10/2016 Force for Acquisition. ment. Department of Education ...... Office of Postsecondary Education Special Assistant ...... DB160084 5/5/2016 Office of the Secretary ...... Change Management Director ...... DB160086 5/12/2016 Leadership Development Director .. DB160087 5/12/2016 Deputy Director of Scheduling and DB160089 5/13/2016 Advance. Office of the Under Secretary ...... Chief of Staff, White House Initia- DB160091 5/18/2016 tive on Educational Excellence for Hispanics. Deputy Director, White House Ini- DB160085 5/19/2016 tiative on Asian American and Pacific Islanders. Office of Elementary and Sec- Confidential Assistant, Special DB160088 5/19/2016 ondary Education. Projects. Office for Civil Rights ...... Confidential Assistant (2) ...... DB160092 5/19/2016 DB160093 5/25/2016 Office of Communications and Out- Director of Strategic Media Initia- DB160094 5/25/2016 reach. tives. Department of Energy...... Assistant Secretary for Electricity Senior Advisor for External Affairs DE160112 5/5/2016 Delivery and Energy Reliability. Office of Public Affairs ...... Deputy Press Secretary ...... DE160113 5/5/2016 Office of Energy Policy and Sys- Senior Analyst for Energy Security DE160116 5/10/2016 tems Analysis. Office of Energy Efficiency and Re- Deputy Chief of Staff ...... DE160117 5/13/2016 newable Energy. Office of the Deputy Secretary ...... Special Advisor ...... DE160114 5/16/2016 Environmental Protection Agency ... Office of Public Engagement and Deputy Associate Administrator for EP160037 5/12/2016 Environmental Education. Public Engagement and Environ- mental Education. Export–Import Bank ...... Office of the Chairman ...... Confidential Assistant ...... EB160003 5/2/2016 Federal Energy Regulatory Com- Office of the Chairman ...... Confidential Assistant ...... DR160002 5/31/2016 mission. Federal Mediation and Conciliation Office of the Director ...... Senior Advisor ...... FM160002 5/3/2016 Service. General Services Administration ..... Office of the Administrator ...... Deputy Chief of Staff ...... GS160025 5/16/2016 Department of Health and Human Office of the Deputy Secretary ...... Special Assistant ...... DH160120 5/23/2016 Services. Office of the Assistant Secretary Special Assistant ...... DH160136 5/25/2016 for Children and Families. Office of the Assistant Secretary Deputy Assistant Secretary ...... DH160122 5/5/2016 for Public Affairs. Office of the Secretary ...... Deputy Scheduler ...... DH160135 5/24/2016 Special Advisor ...... DH160138 5/24/2016 Department of Homeland Security .. Office of the Chief of Staff ...... Director of Trips of Advance (2) ..... DM160238 5/3/2016 DM160242 5/5/2016 Office of the Secretary ...... Senior Counselor ...... DM160250 5/25/2016

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Authorization Agency name Organization name Position title No. Effective date

Office of the Under Secretary for Confidential Assistant ...... DM160243 5/5/2016 National Protection and Pro- grams Directorate. Office of the General Counsel ...... Special Assistant ...... DM160244 5/5/2016 United States Customs and Border Special Assistant ...... DM160254 5/24/2016 Protection. United States Citizenship and Im- Advisor ...... DM160255 5/24/2016 migration Services. Office of the Assistant Secretary Special Assistant, Office of Policy DM160248 5/25/2016 for Policy. Department of Housing and Urban Office of the Deputy Secretary ...... Special Assistant (2) ...... DU160031 5/6/2016 Development. DU160036 5/23/2016 Office of Housing...... Advisor for Single Family Asset DU160333 5/10/2016 Management. Office of the Secretary ...... Senior Policy Advisor ...... DU160032 5/23/2016 Department of the Interior ...... Office of Assistant Secretary— Counselor ...... DI160067 5/16/2016 Land and Minerals Management. Department of Justice ...... Office on Violence Against Women Confidential Assistant ...... DJ160091 5/6/2016 Office of Legal Policy ...... Senior Policy Advisor ...... DJ160109 5/20/2016 Office of Public Affairs ...... Deputy Director ...... DJ160103 5/23/2016 Press Secretary and Senior Advi- DJ160111 5/27/2016 sor. Civil Rights Division ...... Special Assistant ...... DJ160110 5/24/2016 Department of Labor...... Office of Workers Compensation Chief of Staff ...... DL160086 5/13/2016 Programs. Office of Congressional and Inter- Chief of Staff ...... DL160090 5/13/2016 governmental Affairs. Employment and Training Adminis- Policy Advisor ...... DL160089 5/13/2016 tration. Office of the Secretary ...... Special Assistant ...... DL160092 5/16/2016 Office of Management and Budget Office of Information and Regu- Counselor ...... BO160037 5/5/2016 latory Affairs. Confidential Assistant ...... BO160036 5/10/2016 Office of Personnel Management ... Office of the Director ...... Project Manager ...... PM160027 5/25/2016 Office of Science and Technology Office of Science and Technology Confidential Assistant ...... TS160005 5/12/2016 Policy. Policy. Small Business Administration...... Office of Communications and Assistant Administrator for Public SB160028 5/13/2016 Public Liaison. Engagement. Office of Government Contracting Special Advisor ...... SB160029 5/13/2016 and Business Development. Department of State ...... Office of the Chief of Protocol ...... Protocol Officer ...... DS160090 5/5/2016 Office of the Coordinator for Deputy Coordinator ...... DS160093 5/9/2016 Counterterrorism. Office of the Global Women’s Special Assistant ...... DS160098 5/19/2016 Issues. Office of the Special Representa- Senior Advisor ...... DS160100 5/23/2016 tive for Global Partnership Initia- tive. Bureau of Public Affairs ...... Deputy Assistant Secretary ...... DS160101 5/23/2016 Bureau of Oceans and Inter- Staff Assistant ...... DS160096 5/26/2016 national Environmental and Sci- entific Affairs. Office of the Under Secretary for Staff Assistant ...... DS160103 5/26/2016 Arms Control and International Security Affairs. Bureau of Economic and Business Special Representative for Com- DS160104 5/27/2016 Affairs. mercial and Business Affairs. Trade and Development Agency .... Office of the Director ...... Senior Advisor ...... TD160002 5/5/2016 Chief of Staff ...... TD160003 5/24/2016 United States International Trade Office of Commissioner Confidential Assistant ...... TC160004 5/3/2016 Commission. Schmidtlein.

The following Schedule C appointing authorities were revoked during May 2016.

Agency name Organization name Position title Request No. Date vacated

Department of Agriculture ...... Natural Resources Conservation Special Assistant to the Chief for DA150142 05/08/2016 Service. Public and Private Partnerships.

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Agency name Organization name Position title Request No. Date vacated

Agricultural Marketing Service ...... Chief or Staff ...... DA120029 05/15/2016 Office of the Secretary ...... Special Assistant ...... DA160031 05/15/2016 Office of Under Secretary For Nat- Chief of Staff ...... DA150145 05/15/2016 ural Resources and Environment. Office of the Assistant Secretary Director of Public Affairs ...... DC140162 05/14/2016 for Economic Development. Office of the General Counsel ...... Counselor to the General Counsel DC150071 05/14/2016 Office of the Under Secretary ...... Special Assistant ...... DC150130 05/14/2016 Advocacy Center ...... Policy Assistant ...... DC140123 05/15/2016 Department of Education ...... Office of the Secretary ...... Special Assistant for College Ac- DB090068 05/03/2016 cess. Department of Health and Human Office of Intergovernmental and Regional Director, Boston, Massa- DH150106 05/09/2016 Services. External Affairs. chusetts, Region I. Office of the Assistant Secretary Special Assistant for Oversight ...... DH150048 05/13/2016 for Legislation. Office of the Secretary ...... Policy Advisor ...... DH160039 05/14/2016 Senior Advisor to the Secretary ..... DH150175 05/14/2016 Office of the Assistant Secretary Director of Strategic Planning ...... DH150124 05/20/2016 for Public Affairs. Office of Refugee Resettlement/Of- Special Advisor ...... DH150020 05/28/2016 fice of the Director. Chief of Staff ...... DH150073 05/31/2016 Office of the Deputy Secretary ...... Confidential Assistant ...... DH150150 05/28/2016 Department of Homeland Security .. Federal Emergency Management Press Secretary ...... DM150018 05/04/2016 Agency. Office of the Under Secretary For Senior Advisor ...... DM140122 05/08/2016 National Protection and Pro- grams Directorate. Office of the General Counsel ...... Special Assistant to the General DM150188 05/14/2016 Counsel and Attorney Advisor. Office of the Assistant Secretary Special Assistant ...... DM150056 05/28/2016 for Policy. Office of the Executive Secretariat Director of Trips and Advance ...... DM150171 05/28/2016 Department of Housing and Urban Office of the Deputy Secretary ...... Special Assistant ...... DU150067 05/14/2016 Development. Office of the General Counsel ...... Chief of Staff/Senior Counsel ...... DU150061 05/28/2016 Department of Justice ...... Office of Public Affairs ...... Media Affairs Coordinator ...... DJ160011 05/11/2016 Deputy Director ...... DJ140023 05/13/2016 Press Secretary and Senior Advi- DJ160003 05/28/2016 sor. Office on Violence Against Women Confidential Assistant ...... DJ160007 05/14/2016 Office of Legal Policy ...... Senior Counsel ...... DJ140119 05/14/2016 Office of the Deputy Attorney Gen- Senior Counsel ...... DJ130034 05/28/2016 eral. Department of State ...... Office of the Chief of Protocol ...... Protocol Officer ...... DS150041 05/14/2016 Bureau of Public Affairs ...... Senior Advisor ...... DS140126 05/28/2016 Office of the Global Women’s Staff Assistant ...... DS150064 05/28/2016 Issues. Office of Management and Budget Office of E-Government and Infor- Confidential Assistant ...... BO150020 05/28/2016 mation Technology. Office of Personnel Management ... Office of Congressional Relations .. Intergovernmental Affairs Associate PM150005 05/13/2016 Office of the Secretary of Defense Office of the Secretary of Defense Advance Officer ...... DD160047 05/14/2016 Washington Headquarters Services Defense Fellow ...... DD140102 05/14/2016 Small Business Administration...... Office of Communications and Senior Speechwriter ...... SB140012 05/14/2016 Public Liaison. Press Secretary ...... SB140024 05/28/2016 Trade and Development Agency .... Office of the Director ...... Chief of Staff ...... TD130004 05/14/2016

Authority: 5 U.S.C. 3301 and 3302; E.O. OFFICE OF PERSONNEL SUMMARY: The Retirement Services, 10577, 3 CFR, 1954–1958 Comp., p. 218. MANAGEMENT Office of Personnel Management (OPM) U.S. Office of Personnel Management. offers the general public and other Submission for Review: 3206–0162, Beth F. Cobert, Federal agencies the opportunity to Report of Medical Examination of comment on an extension, without Acting Director. Person Electing Insurable Interest change, of a currently approved [FR Doc. 2016–18945 Filed 8–9–16; 8:45 am] Survivor Benefit, OPM 1530 information collection request (ICR) BILLING CODE 6325–39–P AGENCY: U.S. Office of Personnel 3206–0162, Report of Medical Management. Examination of Person Electing Insurable Interest Survivor Benefit, ACTION: 60-Day Notice and request for OPM 1530. As required by the comments. Paperwork Reduction Act of 1995 (Pub.

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Law 104–13, 44 U.S.C. chapter 35) as Frequency: On Occasion. Service request, the title of each Postal amended by the Clinger-Cohen Act Affected Public: Individual or Service request, the request’s acceptance (Pub. L. 104–106), OPM is soliciting Households. date, and the authority cited by the comments for this collection. Number of Respondents: 500. Postal Service for each request. For each DATES: Comments are encouraged and Estimated Time per Respondent: 90 request, the Commission appoints an will be accepted until October 11, 2016. minutes. officer of the Commission to represent This process is conducted in accordance Total Burden Hours: 750. the interests of the general public in the with 5 CFR 1320.1. U.S. Office of Personnel Management. proceeding, pursuant to 39 U.S.C. 505 ADDRESSES: Interested persons are Beth F. Cobert, (Public Representative). Section II also invited to submit written comments on Acting Director. establishes comment deadline(s) the proposed information collection to pertaining to each request. [FR Doc. 2016–18946 Filed 8–9–16; 8:45 am] The public portions of the Postal the U.S. Office of Personnel BILLING CODE 6325–38–P Service’s request(s) can be accessed via Management, Retirement Services, 1900 the Commission’s Web site (http:// E Street NW., Washington, DC 20415– www.prc.gov). Non-public portions of 0001, Attention: Alberta Butler, Room POSTAL REGULATORY COMMISSION the Postal Service’s request(s), if any, 2347–E, or sent by email to can be accessed through compliance [email protected]. [Docket Nos. CP2016–50; CP2016–52; CP2016–251; MC2016–173 and CP2016–252; with the requirements of 39 CFR FOR FURTHER INFORMATION CONTACT: A MC2016–174 and CP2016–253; MC2016–175 3007.40. copy of this ICR, with applicable and CP2016–254] The Commission invites comments on supporting documentation, may be whether the Postal Service’s request(s) obtained by contacting the Retirement New Postal Products in the captioned docket(s) are consistent Services Publications Team, Office of AGENCY: Postal Regulatory Commission. with the policies of title 39. For Personnel Management, 1900 E Street request(s) that the Postal Service states ACTION: Notice. NW., Room 3316–L, Washington, DC concern market dominant product(s), 20415–0001, Attention: Cyrus S. SUMMARY: The Commission is noticing applicable statutory and regulatory Benson, or sent by email to recent Postal Service filings for the requirements include 39 U.S.C. 3622, 39 [email protected] or faxed to Commission’s consideration concerning U.S.C. 3642, 39 CFR part 3010, and 39 (202) 606–0910. negotiated service agreements. This CFR part 3020, subpart B. For request(s) SUPPLEMENTARY INFORMATION: The Office notice informs the public of the filing, that the Postal Service states concern of Management and Budget is invites public comment, and takes other competitive product(s), applicable particularly interested in comments administrative steps. statutory and regulatory requirements that: DATES: Comments are due: August 12, include 39 U.S.C. 3632, 39 U.S.C. 3633, 1. Evaluate whether the proposed 2016 (Comment due date applies to all 39 U.S.C. 3642, 39 CFR part 3015, and collection of information is necessary Docket Nos. listed above) 39 CFR part 3020, subpart B. Comment for the proper performance of functions deadline(s) for each request appear in ADDRESSES: Submit comments of OPM, including whether the section II. electronically via the Commission’s information will have Practical utility; 2. Evaluate the accuracy of OPM’s Filing Online system at http:// II. Docketed Proceeding(s) estimate of the burden of the proposed www.prc.gov. Those who cannot submit 1. Docket No(s).: CP2016–50; Filing collection of information, including the comments electronically should contact Title: Notice of United States Postal FOR FURTHER validity of the methodology and the person identified in the Service of Change in Prices Pursuant to assumptions used; INFORMATION CONTACT section by Amendment to Priority Mail Contract 3. Enhance the quality, utility, and telephone for advice on filing 167; Filing Acceptance Date: August 4, clarity of the information to be alternatives. 2016; Filing Authority: 39 CFR 3015.5; collected; and FOR FURTHER INFORMATION CONTACT: Public Representative: Curtis E. Kidd; 4. Minimize the burden of the David A. Trissell, General Counsel, at Comments Due: August 12, 2016. collection of information on those who 202–789–6820. 2. Docket No(s).: CP2016–52; Filing are to respond, including through the SUPPLEMENTARY INFORMATION: Title: Notice of United States Postal use of appropriate automated, Service of Change in Prices Pursuant to electronic, mechanical, or other Table of Contents Amendment to Priority Mail Contract technological collection techniques or I. Introduction 169; Filing Acceptance Date: August 4, other forms of information technology, II. Docketed Proceeding(s) 2016; Filing Authority: 39 CFR 3015.5; Public Representative: Curtis E. Kidd; e.g., permitting electronic submissions I. Introduction of responses. Comments Due: August 12, 2016. OPM Form 1530 is used to collect The Commission gives notice that the 3. Docket No(s).: CP2016–251; Filing information regarding an annuitant’s Postal Service filed request(s) for the Title: Notice of United States Postal health so that OPM can determine Commission to consider matters related Service of Filing a Functionally whether the insurable interest survivor to negotiated service agreement(s). The Equivalent Global Expedited Package benefit election can be allowed. request(s) may propose the addition or Services 6 Negotiated Service removal of a negotiated service Agreement and Application for Non- Analysis agreement from the market dominant or Public Treatment of Materials Filed Agency: Retirement Operations, the competitive product list, or the Under Seal; Filing Acceptance Date: Retirement Services, Office of Personnel modification of an existing product August 4, 2016; Filing Authority: 39 CFR Management. currently appearing on the market 3015.5; Public Representative: Katalin Title: Report of Medical Examination dominant or the competitive product K. Clendenin; Comments Due: August of Person Electing Insurable Interest list. 12, 2016. Survivor Benefit. Section II identifies the docket 4. Docket No(s).: MC2016–173 and OMB Number: 3206–0162. number(s) associated with each Postal CP2016–252; Filing Title: Request of the

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United States Postal Service to Add it filed with the Postal Regulatory FOR FURTHER INFORMATION CONTACT: Priority Mail & First-Class Package Commission a Request of the United Elizabeth A. Reed, 202–268–3179. Service Contact 24 to Competitive States Postal Service to Add Priority SUPPLEMENTARY INFORMATION: The Product List and Notice of Filing (Under Mail Express & Priority Mail Contract 30 United States Postal Service® hereby Seal) of Unredacted Governors’ to Competitive Product List. Documents gives notice that, pursuant to 39 U.S.C. Decision, Contract, and Supporting are available at www.prc.gov, Docket 3642 and 3632(b)(3), on August 4, 2016, Data; Filing Acceptance Date: August 4, Nos. MC2016–175, CP2016–254. it filed with the Postal Regulatory 2016; Filing Authority: 39 U.S.C. 3642 Commission a Request of the United Stanley F. Mires, and 39 CFR 3020.30 et seq.; Public States Postal Service to Add Priority Representative: Natalie R. Ward; Attorney, Federal Compliance. Mail & First-Class Package Service Comments Due: August 12, 2016. [FR Doc. 2016–18907 Filed 8–9–16; 8:45 am] Contract 24 to Competitive Product List. 5. Docket No(s).: MC2016–174 and BILLING CODE 7710–12–P Documents are available at CP2016–253; Filing Title: Request of the www.prc.gov, Docket Nos. MC2016–173, United States Postal Service to Add CP2016–252. Priority Mail & First-Class Package POSTAL SERVICE Service Contact 25 to Competitive Stanley F. Mires, Product Change—Priority Mail and Product List and Notice of Filing (Under Attorney, Federal Compliance. First-Class Package Service Seal) of Unredacted Governors’ [FR Doc. 2016–18918 Filed 8–9–16; 8:45 am] Negotiated Service Agreement Decision, Contract, and Supporting BILLING CODE 7710–12–P Data; Filing Acceptance Date: August 4, AGENCY: Postal ServiceTM. 2016; Filing Authority: 39 U.S.C. 3642 ACTION: Notice. and 39 CFR 3020.30 et seq.; Public SECURITIES AND EXCHANGE Representative: Natalie R. Ward; SUMMARY: The Postal Service gives COMMISSION Comments Due: August 12, 2016. notice of filing a request with the Postal [Release No. 34–78477; File No. 4–668] 6. Docket No(s).: MC2016–175 and Regulatory Commission to add a CP2016–254; Filing Title: Request of the domestic shipping services contract to Joint Industry Plan; Notice of Filing United States Postal Service to Add the list of Negotiated Service and Immediate Effectiveness of Priority Mail Express & Priority Mail Agreements in the Mail Classification Amendment No. 4 to the National Contract 30 to Competitive Product List Schedule’s Competitive Products List. Market System Plan Governing the and Notice of Filing (Under Seal) of Process of Selecting a Plan Processor DATES: Effective date: August 10, 2016. Unredacted Governors’ Decision, and Developing a Plan for the Contract, and Supporting Data; Filing FOR FURTHER INFORMATION CONTACT: Consolidated Audit Trail by BATS Acceptance Date: August 4, 2016; Filing Elizabeth A. Reed, 202–268–3179. Exchange, Inc., BATS–Y Exchange, Authority: 39 U.S.C. 3642 and 39 CFR SUPPLEMENTARY INFORMATION: The Inc., BOX Options Exchange LLC, C2 3020.30 et seq.; Public Representative: United States Postal Service® hereby Options Exchange, Incorporated, Katalin K. Clendenin; Comments Due: gives notice that, pursuant to 39 U.S.C. Chicago Board Options Exchange, August 12, 2016. 3642 and 3632(b)(3), on August 4, 2016, Incorporated, Chicago Stock This notice will be published in the it filed with the Postal Regulatory Exchange, Inc., EDGA Exchange, Inc., Federal Register. Commission a Request of the United EDGX Exchange, Inc., Financial States Postal Service to Add Priority Stacy L. Ruble, Industry Regulatory Authority, Inc., Mail & First-Class Package Service International Securities Exchange, Secretary. Contract 25 to Competitive Product List. LLC, ISE Gemini, LLC, ISE Mercury, [FR Doc. 2016–18997 Filed 8–9–16; 8:45 am] Documents are available at LLC, Miami International Securities BILLING CODE 7710–FW–P www.prc.gov, Docket Nos. MC2016–174, Exchange LLC, NASDAQ OMX BX, Inc., CP2016–253. NASDAQ OMX PHLX LLC, The NASDAQ Stock Market LLC, National Stanley F. Mires, POSTAL SERVICE Stock Exchange, Inc., New York Stock Attorney, Federal Compliance. Exchange LLC, NYSE MKT LLC, and Product Change—Priority Mail Express [FR Doc. 2016–18916 Filed 8–9–16; 8:45 am] NYSE Arca, Inc. and Priority Mail Negotiated Service BILLING CODE 7710–12–P Agreement August 4, 2016. AGENCY: TM Postal Service . POSTAL SERVICE I. Introduction ACTION: Notice. Pursuant to Section 11A of the Product Change—Priority Mail and Securities Exchange Act of 1934 SUMMARY: The Postal Service gives First-Class Package Service (‘‘Act’’) 1 and Rule 608 thereunder,2 notice of filing a request with the Postal Negotiated Service Agreement Regulatory Commission to add a notice is hereby given that, on July 14, 2016, BATS Exchange, Inc., BATS–Y domestic shipping services contract to AGENCY: TM Postal Service . Exchange, Inc., BOX Options Exchange the list of Negotiated Service ACTION: Notice. Agreements in the Mail Classification LLC, C2 Options Exchange, Schedule’s Competitive Products List. Incorporated, Chicago Board Options SUMMARY: The Postal Service gives Exchange, Incorporated, Chicago Stock DATES: Effective date: August 10, 2016. notice of filing a request with the Postal Exchange, Inc., EDGA Exchange, Inc., FOR FURTHER INFORMATION CONTACT: Regulatory Commission to add a EDGX Exchange, Inc., Financial Elizabeth A. Reed, 202–268–3179. domestic shipping services contract to Industry Regulatory Authority, Inc., SUPPLEMENTARY INFORMATION: The the list of Negotiated Service International Securities Exchange, LLC, United States Postal Service® hereby Agreements in the Mail Classification gives notice that, pursuant to 39 U.S.C. Schedule’s Competitive Products List. 1 15 U.S.C. 78k–1. 3642 and 3632(b)(3), on August 4, 2016, DATES: Effective date: August 10, 2016. 2 17 CFR 242.608.

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ISE Gemini, LLC, ISE Mercury, Miami 2013,7 approved on February 21, 2014,8 The Participants also propose to International Securities Exchange LLC, and subsequently amended three times.9 amend the Selection Plan to replace NASDAQ OMX BX, Inc., NASDAQ The Selection Plan governs the process references to ‘‘NASDAQ OMX BX, Inc.’’, OMX PHLX LLC, The NASDAQ Stock for how the Participants will evaluate ‘‘NASDAQ OMX PHLX LLC’’, ‘‘BATS Market LLC, National Stock Exchange, and select a Plan Processor and develop Exchange, Inc.’’, ‘‘BATS–Y Exchange, Inc., New York Stock Exchange LLC, the National Market System Plan Inc.’’, ‘‘EDGA Exchange, Inc.’’, and NYSE MKT LLC, and NYSE Arca, Inc. Governing the Consolidated Audit Trail ‘‘EDGX Exchange, Inc.’’ with references (collectively, ‘‘SROs’’ or ‘‘Participants’’), Pursuant to Rule 613 of Regulation NMS to ‘‘NASDAQ BX, Inc.’’, ‘‘NASDAQ filed with the Securities and Exchange under the Exchange Act (‘‘CAT NMS PHLX LLC’’, ‘‘Bats BZX Exchange, Inc.’’, Commission (the ‘‘Commission’’) a Plan’’). ‘‘Bats BYX Exchange, Inc.’’, ‘‘Bats EDGA proposal to amend the Plan Governing Exchange, Inc.’’, and ‘‘Bats EDGX Requirements Pursuant to Rule 608(a) the Process of Selecting a Plan Processor Exchange, Inc.’’, respectively. In each and Developing a Plan for the A. Description of the Amendments to case, the relevant exchange filed Consolidated Audit Trail (the ‘‘Selection the Selection Plan proposed rule changes to implement the Plan’’).3 name change.13 The SROs propose to amend the On June 17, 2016, the Commission The proposed amendments to the text Selection Plan to add the Investors’ approved IEX’s registration as a national of the Selection Plan are set forth in securities exchange pursuant to Section Exhibit A. Exchange, LLC (‘‘IEX’’) as a Participant 10 to the Selection Plan. The SROs also 6 of the Exchange Act. Pursuant to B. Governing or Constituent Documents propose to replace references in the Plan Section II(B) of the Selection Plan, the to ‘‘Nasdaq OMX BX, Inc.’’, ‘‘NASDAQ Participants propose amending the Not applicable. Selection Plan to add IEX as a OMX PHLX LLC’’, ‘‘BATS Exchange, C. Implementation of Amendment Inc.’’, ‘‘BATS–Y Exchange, Inc.’’, Participant thereto. Section II(B) of the ‘‘EDGA Exchange, Inc.’’, and ‘‘EDGX Selection Plan states: The terms of the proposed Exchange, Inc.’’ with references to Any entity approved by the SEC as a amendment will become effective upon ‘‘NASDAQ BX, Inc.’’, ‘‘NASDAQ PHLX national securities exchange or national filing pursuant to Rule 608(b)(3)(iii) of LLC’’, ‘‘Bats BZX Exchange, Inc.’’, ‘‘Bats securities association under the Exchange the Exchange Act because it involves BYX Exchange, Inc.’’, ‘‘Bats EDGA Act after the effectiveness of the Plan shall solely technical or ministerial matters. become a Participant by satisfying each of the At any time within sixty days of the Exchange, Inc.’’, and ‘‘Bats EDGX following requirements: (1) effecting an Exchange, Inc.’’, respectively. In each filing of this amendment, the amendment to the Plan by executing a copy Commission may summarily abrogate case, the relevant exchange filed of the Plan as then in effect (with the only proposed rule changes to implement the change being the addition of the new the amendment and require that it be name change.4 A copy of the proposed Participant’s name in Section II of the Plan) refiled pursuant to paragraph (b)(1) of 14 amendment to the Selection Plan and submitting such amendment to the SEC Rule 608, if it appears to the (‘‘Amendment No. 4’’) is attached as for approval; and (2) providing each then- Commission that such action is Exhibit A hereto. The Commission is current Participant with a copy of such necessary or appropriate in the public publishing this notice to solicit executed Plan. The amendment shall be interest, for the protection of investors effective when it is approved by the SEC in or the maintenance of fair and orderly comments from interested persons on accordance with SEC Rule 608 or otherwise proposed Amendment No. 4 to the markets, to remove impediments to, and becomes effective pursuant to SEC Rule perfect the mechanisms of, a national Selection Plan. 608.11 market system or otherwise in II. Description of the Plan Accordingly, IEX has executed a copy of furtherance of the purposes of the Set forth in this Section II is the the Selection Plan as currently in effect, Exchange Act. statement of the purpose of Amendment with the addition of IEX’s name to D. Development and Implementation No. 4 to the Selection Plan, along with Section II of the Selection Plan, and Phases the information required by Rule provided each existing Participant a 608(a)(4) and (5) under the Exchange copy of the executed Selection Plan. Not applicable. Act,5 as prepared and submitted by the With this submission, the Participants E. Analysis of Impact on Competition SROs to the Commission.6 submit the executed Selection Plan to Not applicable. * * * * * the Commission for approval on behalf of IEX. A copy of the executed version F. Written Understanding or Agreements Background of the Selection Plan is attached Relating to Interpretation of, or The Selection Plan was initially filed hereto.12 Participation in, Plan with the Commission on September 4, Not applicable. 7 See Securities Exchange Act Release No. 70892 3 See Letter from the Participants to Brent J. (November 15, 2013), 78 FR 69910 (November 21, G. Statement That the Amendments Fields, Secretary, Commission, dated July 13, 2016. 2013). Have Been Approved by the Plan 8 4 Securities Exchange Act Release Nos. 76656 See Securities Exchange Act Release No. 71596 Sponsors (December 15. 2015), 80 FR 79381 (December 21, (February 21, 2014), 79 FR 11152 (February 27, 2015) (for NASDAQ BX, Inc.); 76654 (December 15, 2014). The Selection Plan provides that, 2015), 80 FR 79396 (December 21, 2015) (for 9 See Securities Exchange Act Release No. 75192 except with respect to the addition of NASDAQ PHLX LLC); 77307 (March 7, 2016), 81 FR (June 17, 2015), 80 FR. 36028 (June 23, 2015); new Participants, amendments to the 12996 (March 11, 2016) (for Bats BZX Exchange, Securities Exchange Act Release No. 75980 Inc.); 77308, 81 FR 12975 (March 11, 2016) (for Bats (September 24, 2015), 80 FR 58796 (September 30, Selection Plan shall be effected by BYX Exchange, Inc.); 77299, 81 FR 12759 (March 2015); and Securities Exchange Act Release No. 10, 2016) (for Bats EDGA Exchange, Inc.); and 77917 (May 25, 2016), 81 FR 35072 (June 1, 2016). 13 See note 4, supra. 77298 (March 4, 2016), 81 FR 12757 (March 10, 10 See Securities Exchange Act Release No. 78101 14 The Commission notes that if it abrogated an 2016) (for Bats EDGX Exchange, Inc.). (June 17, 2016), 81 FR 41142 (June 23, 2016). amendment, the Commission could require the 5 See 17 CFR 242.608(a)(4) and (a)(5). 11 See Selection Plan, Section II(B), available at amendment to be refiled in accordance with 6 See Letter from the SROs to Brent J. Fields, www.catnmsplan.com. subparagraph (a)(1) of Rule 608. See 17 CFR Secretary, Commission, dated July 13, 2016. 12 See Exhibit B. 242.608(b)(3)(iii).

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means of a written amendment that: (1) process and review your comments ([13] 14) Miami International Securities sets forth the change, addition, or more efficiently, please use only one Exchange LLC deletion; (2) is executed by over two- method. The Commission will post all ([14] 15) NASDAQ [OMX] BX, Inc. thirds of the Participants; and (3) is comments on the Commission’s Internet ([15] 16) NASDAQ [OMX] PHLX LLC approved by the SEC pursuant to Rule Web site (http://www.sec.gov/rules/ ([16] 17) The Nasdaq Stock Market LLC 608, or otherwise becomes effective sro.shtml). Copies of the submission, all ([17] 18) National Stock Exchange, Inc. under Rule 608.15 The proposed subsequent amendments, all written ([18] 19) New York Stock Exchange LLC amendment has been executed by all of statements with respect to the ([19] 20) NYSE MKT LLC the Participants and has consequently Amendment to the Plan that are filed ([20] 21) NYSE Arca, Inc. been approved by the SROs. with the Commission, and all written * * * * * With respect to new Participants, an communications relating to the BATS BYX EXCHANGE, INC. amendment to the Selection Plan may Amendment to the Plan between the BY: llllllllllllllll be effected by the new national Commission and any person, other than BATS EDGA EXCHANGE, INC. securities exchange or national those that may be withheld from the BY: llllllllllllllll securities association in accordance public in accordance with the with Section II of the Selection Plan. As provisions of 5 U.S.C. 552, will be BOX OPTIONS EXCHANGE LLC llllllllllllllll discussed above, IEX has executed the available for Web site viewing and BY: existing version of the Selection Plan, printing in the Commission’s Public CHICAGO BOARD OPTIONS with IEX’s name added to Section II, Reference Room, 100 F Street NE., EXCHANGE, INCORPORATED provided each existing Participant a Washington, DC 20549 on official BY: llllllllllllllll copy of the executed Selection Plan, and business days between 10:00 a.m. and [EDGA EXCHANGE, INC.] is providing the Commission with a 3:00 p.m. Copies of the submission will BY: llllllllllllllll copy of the executed version with this also be available for inspection and FINANCIAL INDUSTRY REGULATORY submission. copying at the Participants’ principal AUTHORITY, INC. offices. All comments received will be H. Terms and Conditions of Access BY: llllllllllllllll posted without change; the Commission Not applicable. [ISE GEMINI, LLC] INVESTORS’ does not edit personal identifying EXCHANGE, LLC I. Method of Determination and information from submissions. You BY: llllllllllllllll Imposition, and Amount of, Fees and should submit only information that BATS BZX [Y–EXCHANGE] Charges you wish to make available publicly. All submissions should refer to File EXCHANGE, INC. Not applicable. Number 4–668 and should be submitted BY: llllllllllllllll J. Method and Frequency of Processor on or before August 31, 2016. BATS EDGA EXCHANGE, INC. Evaluation By the Commission. BY: llllllllllllllll Not applicable. Robert W. Errett, C2 OPTIONS EXCHANGE, Deputy Secretary. INCORPORATED K. Dispute Resolution BY: llllllllllllllll Not applicable. Exhibit A CHICAGO STOCK EXCHANGE, INC. Proposed Amendment Text BY: llllllllllllllll III. Solicitation of Comments Additions italicized; deletions [EDGA EXCHANGE, INC.] Interested persons are invited to bracketed. BY: llllllllllllllll submit written data, views, and INTERNATIONAL SECURITIES arguments concerning the foregoing, Plan Processor Evaluation and Selection EXCHANGE, LLC including whether the Amendment No. Plan BY: llllllllllllllll 4 to the Selection Plan is consistent II. Participants with the Act. Comments may be [ISE GEMINI, LLC] ISE submitted by any of the following (A) List of Participants BY: llllllllllllllll [MIAMI INTERNATIONAL SECURITIES methods: The Participants are as follows: EXCHANGE LLC] ISE MERCURY, LLC (1) [BATS] Bats BYX Exchange, Inc. Electronic Comments BY: llllllllllllllll (2) [BATS Y-Exchange,] Bats BZX • Use the Commission’s Internet Exchange, Inc. NASDAQ [OMX PHLX LLC] BX, INC. comment form (http://www.sec.gov/ (3) Bats EDGA Exchange, Inc. BY: llllllllllllllll rules/sro.shtml); or (4) Bats EDGX Exchange, Inc. [NATIONAL STOCK EXCHANGE, INC.] • Send an email to rule- ([3] 5) BOX Options Exchange LLC THE NASDAQ STOCK MARKET LLC [email protected]. Please include File ([4] 6) C2 Options Exchange, BY: llllllllllllllll Number 4–668 on the subject line. Incorporated [NYSE MKT LLC] NEW YORK STOCK Paper Comments ([5] 7) Chicago Board Options Exchange, EXCHANGE LLC Incorporated • BY: llllllllllllllll Send paper comments in triplicate ([6] 8) Chicago Stock Exchange, Inc. NYSE ARCA, INC. to Brent J. Fields, Secretary, Securities [(7) EDGA Exchange, Inc.] BY: llllllllllllllll and Exchange Commission, 100 F Street [(8) EDGX Exchange, Inc.] NE., Washington, DC 20549–1090. (9) Financial Industry Regulatory [NASDAQ OMX BX, INC.] MIAMI All submissions should refer to File Authority, Inc. INTERNATIONAL SECURITIES Number 4–668. This file number should (10) International Securities Exchange, EXCHANGE LLC be included on the subject line if email LLC BY: llllllllllllllll is used. To help the Commission (11) Investors’ Exchange, LLC [THE] NASDAQ PHLX [STOCK ([11] 12) ISE Gemini, LLC MARKET] LLC 15 See Notice of Selection Plan, supra note 5. ([12] 13) ISE Mercury, LLC BY: llllllllllllllll

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[NEW YORK STOCK EXCHANGE LLC] of the most significant parts of such SPY (‘‘Market Maker Posting Tiers’’).8 NATIONAL STOCK EXCHANGE, INC. statements. Currently, an OTP can only aggregate its BY: llllllllllllllll volume with that of its affiliate(s).9 The A. Self-Regulatory Organization’s concept of Appointed OFP/Appointed NYSE MKT LLC [ARCA, INC.] Statement of the Purpose of, and the MM would apply in those instances BY: llllllllllllllll Statutory Basis for, the Proposed Rule where an OTP qualifies for a favorable [FR Doc. 2016–18908 Filed 8–9–16; 8:45 am] Change fee by calculating qualifying volume BILLING CODE 8011–01–P 1. Purpose through combining its transactions with The purpose of this filing is to add the that of Appointed OFP/Appointed MM. SECURITIES AND EXCHANGE concepts of ‘‘Appointed OFP’’ and However, an OTP that has both an COMMISSION ‘‘Appointed MM’’ to the Exchange’s Fee Appointed OFP/Appointed MM and any Schedule, effective August 1, 2016, affiliate(s) may only aggregate volumes [Release No. 34–78479; File No. SR– with one of these two, not both. Thus, NYSEArca–2016–105] which would increase opportunities for firms to qualify for various volume tier the Exchange proposes to modify the Self-Regulatory Organizations; NYSE discounts and rebates. Fee Schedule to provide that in Arca, Inc.; Notice of Filing and Specifically, the Exchange proposes to calculating qualifications for monthly Immediate Effectiveness of Proposed allow NYSE Arca Market Makers posting credits, ‘‘the Exchange would Rule Change Amending the NYSE Arca (‘‘Marker Makers’’) to designate an include the activity of either (i) affiliates Options Fee Schedule Order Flow Provider (‘‘OFP’’) 4 as its or (ii) an Appointed OFP/Appointed ‘‘Appointed OFP’’ and to likewise allow MM.’’ 10 To make clear that the volume August 4, 2016. OFPs to designate a Market Maker as its of any affiliate(s) or an Appointed OFP/ Pursuant to Section 19(b)(1) 1 of the ‘‘Appointed MM.’’ 5 As proposed, OTP Appointed MM may be included in the Securities Exchange Act of 1934 (the Holders and OTP Firms (each, an monthly calculations for achieving any ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 ‘‘OTP’’; collectively, ‘‘OTPs’’) would of the tiers, the Exchange proposes to notice is hereby given that, on July 29, effectuate the designation—of an remove the asterisks from Tiers 2 and 5 2016, NYSE Arca, Inc. (the ‘‘Exchange’’ Appointed OFP or Appointed MM—by of the Customer Posting Tiers and the or ‘‘NYSE Arca’’) filed with the each sending an email to the Exchange.6 Super Tier of the Market Maker Posting Securities and Exchange Commission The Exchange would view Tiers, as well as the corresponding (the ‘‘Commission’’) the proposed rule corresponding emails as acceptance of asterisk at the bottom of each table. change as described in Items I, II, and such an appointment and would only In addition to the Customer Posting III below, which Items have been recognize one such designation for each Tiers and the Market Maker Posting prepared by the self-regulatory party once every 12-months, which Tiers, as proposed, volumes of an organization. The Commission is designation would remain in effect Appointed OFP/Appointed MM (or, of publishing this notice to solicit unless or until the Exchange receives an any affiliate(s)) would also be applied in comments on the proposed rule change email from either party indicating that calculating whether an OTP achieved from interested persons. the appointment has been terminated.7 credits or rebates available through the Exchange’s other incentive programs, I. Self-Regulatory Organization’s The Exchange believes that this requirement would impose a measure of including (i) the Customer and Statement of the Terms of Substance of Professional Customer Incentive the Proposed Rule Change exclusivity and would enable both parties to rely upon each other’s, and Program; (ii) the Market Maker Incentive The Exchange proposes to amend the potentially increase, transaction Program; (iii) the Customer and NYSE Arca Options Fee Schedule (‘‘Fee volumes executed on the Exchange, Professional Customer Posting Credit Schedule’’). The Exchange proposes to which is beneficial to all Exchange Tiers In Non Penny Pilot Issues; and (iv) implement the fee change effective participants. the Discount in Take Liquidity Fees for August 1, 2016. The proposed rule The Exchange proposes to allow an Professional Customer, Market Maker, change is available on the Exchange’s OTP to opt to combine its volume with Firm, and Broker Dealer Liquidity Web site at www.nyse.com, at the that of its Appointed OFP/Appointed Removing Orders. In this regard, principal office of the Exchange, and at MM to qualify for the various incentive Exchange proposes to add language the Commission’s Public Reference programs offered on the Exchange. First, making clear that the calculations for Room. an OTP with an Appointed OFP/ achieving the monthly volume thresholds would include transaction II. Self-Regulatory Organization’s Appointed MM would be able to volume from any of an OTP’s affiliates Statement of the Purpose of, and aggregate certain of its volumes with or its Appointed MM or Appointed OFP Statutory Basis for, the Proposed Rule that of its Appointed OFP/Appointed (as applicable), which would add clarity Change MM for purposes of qualifying for certain posting credits available in the and transparency to the Fee Schedule. In its filing with the Commission, the Customer and Professional Customer As noted above, an OTP that has both self-regulatory organization included Monthly Posting Credit Tiers and statements concerning the purpose of, 8 Qualifications for Executions in Penny See id. and basis for, the proposed rule change 9 See Fee Schedule, available here, https:// Pilot Issues (‘‘Customer Posting Tiers’’) and discussed any comments it received www.nyse.com/publicdocs/nyse/markets/arca- and Market Maker Monthly Posting _ _ _ _ on the proposed rule change. The text options/NYSE Arca Options Fee Schedule.pdf Credit Tiers and Qualifications for (explicitly providing that OTPs may combine of those statements may be examined at Executions in Penny Pilot Issues and volumes with affiliates to take advantage of Tiers the places specified in Item IV below. 2 and 5 of the Customer Posting Tiers, and the The Exchange has prepared summaries, Super Tier of the Market Maker Posting Tiers). See 4 See Rule 6.1A(a)(21) (defining OFP as any OTP set forth in sections A, B, and C below, also Endnote 8 citing Rule 1.1(a) (defining an Holder that submits, as agent, orders to the affiliate as being a person that directly, or indirectly Exchange). through one or more intermediaries, controls or is 1 15 U.S.C. 78s(b)(1). 5 See proposed Endnote 15 to Fee Schedule. controlled by, or is under common control with, the 2 15 U.S.C. 78a. 6 See id. person specified). 3 17 CFR 240.19b–4. 7 See id. 10 See proposed Endnote 8 to Fee Schedule Fee.

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an Appointed OFP/Appointed MM and these proposed changes would incent would impose a measure of exclusivity any affiliate(s) may only aggregate firms to direct their order flow to the while allowing both parties to rely upon volumes with one of these two, not Exchange. Specifically, the proposed each other’s, and potentially increase, both.11 changes would enable any Market transaction volumes executed on the The Exchange also proposes to add Maker—not just those with affiliates—to Exchange to the benefit of all Exchange reference to Endnote 8, as modified, to pool certain volumes to potentially participants. the beginning of each of the incentive qualify its Appointed OFP for credits/ Finally, the Exchange believes the programs discussed herein to make clear discounts available on the Exchange. proposal to make clarifying changes to how the Exchange calculates the Moreover, the proposed change would the incentive programs, including to qualifications for monthly posting allow any OFP, by virtue of designating make clear that the volumes of affiliates credits and discounts.12 Given the an Appointed MM, to aggregate certain or an Appointed OFP/Appointed MM proposal to refer to Endnote 8 at the of its own volumes with the activity of would apply to all tiers and that the beginning of each incentive program, its Appointed MM, which would calculations for achieving the monthly the Exchange proposes to delete enhance the OFP’s potential to qualify volume posting credits and discounts references to Endnote 8 that appear for additional credits and discounts. are set forth in Endnote 8, would add elsewhere in the text regarding the The Exchange believes these proposed transparency and internal consistency to incentives, which would eliminate changes would incent Appointed OFPs the Fee Schedule, which would make it redundancy and add clarity to the Fee and OFPs with an Appointed MM to easier for market participants to Schedule.13 direct their order flow to the Exchange, navigate and comprehend. The Exchange does not propose to which additional liquidity would modify any of the volume qualifications benefit all market participants For these reasons, the Exchange or the associated credits and discounts (including those market participants believes that the proposal is consistent for the various incentive programs at that are not currently affiliated and/or with the Act. this time. opt not to become an Appointed OFP) B. Self-Regulatory Organization’s by providing more trading opportunities 2. Statutory Basis Statement on Burden on Competition and tighter spreads. The Exchange also The Exchange believes that the notes that the proposed changes are In accordance with Section 6(b)(8) of proposed rule change is consistent with reasonable as other exchanges have the Act, the Exchange does not believe 14 Section 6(b) of the Act, in general, and adopted similar concepts for their own that the proposed rule change will furthers the objectives of Sections affiliate-based incentive programs.16 impose any burden on competition that 15 6(b)(4) and (5) of the Act, in particular, Similarly, the proposal, which would is not necessary or appropriate in because it provides for the equitable permit the opportunity for both parties furtherance of the purposes of the Act. allocation of reasonable dues, fees, and to rely upon each other’s, and The Exchange believes that the other charges among its members, potentially increase, transaction proposed changes are pro-competitive issuers and other persons using its volumes, are reasonable, equitable and as they would increase opportunities for facilities and does not unfairly not unfairly discriminatory because it additional firms to qualify for various discriminate between customers, may encourage market making firms to credits and discounts, which may issuers, brokers or dealers. participate in the Exchange’s Market increase intermarket and intramarket The proposal is reasonable, equitable Maker Incentive Program or the Market competition by incenting Appointed and not unfairly discriminatory for the Maker Posting Tiers, which potential OFPs and Appointed MMs to direct following reasons. First, the proposal increase in order flow, capital their orders to the Exchange, thereby would be available to all Market Makers commitment and resulting liquidity on increasing the volume of contracts and OFPs and the decision to be the Exchange would benefit all market traded on the Exchange and enhancing designated as an ‘‘Appointed OFP’’ or participants by expanding liquidity, the quality of quoting. Enhanced market ‘‘Appointed MM’’ would be completely providing more trading opportunities quality and increased transaction voluntary and an OTP may elect to and tighter spreads. volume that results from the anticipated The proposal is also reasonable, accept this appointment or not. In increase in order flow directed to the equitable and not unfairly addition, the proposed changes would Exchange would benefit all market discriminatory because the Exchange enable firms that are not currently participants and improve competition would only process one designation of eligible for certain credits or discounts on the Exchange. Moreover, the an ‘‘Appointed OFP’’ or ‘‘Appointed to avail themselves of these credits/ clarifying changes are pro-competitive MM’’ per year, which requirement discounts as well increase opportunities to the extent the changes add for firms that are currently eligible for transparency and internal consistency to 16 See NYSE Amex Options Fee Schedule, certain credits/discounts to potentially the Fee Schedule, which would make it achieve a higher tier, thus qualifying to available here, https://www.nyse.com/publicdocs/ nyse/markets/amex-options/NYSE_Amex_Options_ easier for market participants to higher credits. The Exchange believes Fee_Schedule.pdf (allowing aggregation of volume navigate and comprehend. to qualify for the Amex Customer Engagement 11 See id. (‘‘ACE’’) Program); Chicago Board Options The Exchange notes that it operates in 12 See id. The Exchange has added the word Exchange, Inc. (‘‘CBOE’’) fee schedule, available a highly competitive market in which ‘‘discount’’ to the first sentence of Endnote 8 to here, https://www.cboe.com/publish/feeschedule/ CBOEFeeSchedule.pdf (allowing aggregation of market participants can readily favor make clear that the calculation for monthly volume to qualify for credits available under an competing venues. In such an qualification also apples to the Discount in Take Affiliated Volume Plan or ‘‘AVP’’); Bats BZX Liquidity Fees for Professional Customer, Market environment, the Exchange must Exchange, Inc.’s (‘‘BZX’’) fee schedule, available Maker, Firm, and Broker Dealer Liquidity Removing continually review, and consider here, https://batstrading.com/support/fee_ Orders. See proposed Endnote 8 to Fee Schedule schedule/bzx/ (allowing aggregation of volume to adjusting, its fees and credits to remain Fee. qualify for tiered pricing); NASDAQ Options competitive with other exchanges. For 13 For example, the Exchange proposes to delete Market LLC (‘‘NOM’’) fee schedule, available here, reference to Endnote 8 from Tiers 4 and 7 of the the reasons described above, the http://www.nasdaqtrader.com/ Exchange believes that the proposed Customer Posting Tiers. Micro.aspx?id=OptionsPricing (allowing 14 15 U.S.C. 78f(b). aggregation of volume to qualify for various pricing rule change reflects this competitive 15 15 U.S.C. 78f(b)(4) and (5). incentives). environment.

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C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ ‘‘non-controversial’’ proposed rule Statement on Comments on the rules/sro.shtml). Copies of the change pursuant to Section Proposed Rule Change Received From submission, all subsequent 19(b)(3)(A)(iii) of the Act 3 and Rule Members, Participants, or Others amendments, all written statements 19b–4(f)(6) thereunder.4 The No written comments were solicited with respect to the proposed rule Commission is publishing this notice to or received with respect to the proposed change that are filed with the solicit comments on the proposed rule rule change. Commission, and all written change from interested persons. communications relating to the I. Self-Regulatory Organization’s III. Date of Effectiveness of the proposed rule change between the Statement of the Terms of Substance of Proposed Rule Change and Timing for Commission and any person, other than the Proposed Rule Change Commission Action those that may be withheld from the The foregoing rule change is effective public in accordance with the The text of the proposed rule change upon filing pursuant to Section provisions of 5 U.S.C. 552, will be is available on the Exchange’s Web site 19(b)(3)(A) 17 of the Act and available for Web site viewing and (http://www.c2exchange.com/Legal/), at subparagraph (f)(2) of Rule 19b–4 18 printing in the Commission’s Public the Exchange’s Office of the Secretary, thereunder, because it establishes a due, Reference Room, 100 F Street NE., and at the Commission’s Public fee, or other charge imposed by the Washington, DC 20549, on official Reference Room. Exchange. business days between the hours of II. Self-Regulatory Organization’s At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the Statement of the Purpose of, and filing of such proposed rule change, the filing also will be available for Statutory Basis for, the Proposed Rule Commission summarily may inspection and copying at the principal Change temporarily suspend such rule change if office of the Exchange. All comments received will be posted without change; In its filing with the Commission, the it appears to the Commission that such Exchange included statements action is necessary or appropriate in the the Commission does not edit personal identifying information from concerning the purpose of and basis for public interest, for the protection of the proposed rule change and discussed investors, or otherwise in furtherance of submissions. You should submit only information that you wish to make any comments it received on the the purposes of the Act. If the proposed rule change. The text of these Commission takes such action, the available publicly. All submissions should refer to File Number SR– statements may be examined at the Commission shall institute proceedings places specified in Item IV below. The under Section 19(b)(2)(B) 19 of the Act to NYSEArca–2016–105, and should be submitted on or before August 31, 2016. Exchange has prepared summaries, set determine whether the proposed rule forth in sections A, B, and C below, of change should be approved or For the Commission, by the Division of the most significant aspects of such disapproved. Trading and Markets, pursuant to delegated authority.20 statements. IV. Solicitation of Comments Robert W. Errett, A. Self-Regulatory Organization’s Interested persons are invited to Deputy Secretary. Statement of the Purpose of, and submit written data, views, and [FR Doc. 2016–18910 Filed 8–9–16; 8:45 am] Statutory Basis for, the Proposed Rule arguments concerning the foregoing, BILLING CODE 8011–01–P Change including whether the proposed rule change is consistent with the Act. 1. Purpose Comments may be submitted by any of SECURITIES AND EXCHANGE The Exchange proposes to amend the following methods: COMMISSION Rule 6.51 (Automated Improvement Mechanism (‘‘AIM’’)) to: (1) Clarify how Electronic Comments [Release No. 34–78478; File No. SR–C2– orders submitted for electronic crossing 2016–014] • Use the Commission’s Internet into the AIM auction are treated if an comment form (http://www.sec.gov/ Self-Regulatory Organizations; C2 auction cannot occur; (2) adopt rules/sro.shtml); or. Interpretation and Policy .10 to Rule • Options Exchange, Incorporated; Send an email to rule- Notice of Filing and Immediate 6.51 (AIM Retained Order [email protected]. Please include File Effectiveness of a Proposed Rule Functionality) to describe the Number SR–NYSEArca–2016–105 on Change Relating to AIM Retained Exchange’s AIM Retained Order the subject line. Orders (‘‘A:AIR’’) functionality in the Rules; Paper Comments and (3) make minor edits to August 4, 2016. • Interpretation and Policy .04 to Rule Send paper comments in triplicate Pursuant to Section 19(b)(1) of the 6.13 (Price Check Parameters) relating to to Secretary, Securities and Exchange Securities Exchange Act of 1934 (the the treatment of complex AIM orders Commission, 100 F Street NE., ‘‘Act’’),1 and Rule 19b–4 thereunder,2 marked A:AIR and correct certain Washington, DC 20549–1090. notice is hereby given that on July 27, typographical errors. The Exchange All submissions should refer to File 2016, C2 Options Exchange, notes that this filing is based upon and, Number SR–NYSEArca–2016–105. This Incorporated (the ‘‘Exchange’’ or ‘‘C2’’) in all material respects, substantially file number should be included on the filed with the Securities and Exchange similar to a recent filing of Chicago subject line if email is used. To help the Commission (the ‘‘Commission’’) the Board Options Exchange, Incorporated Commission process and review your proposed rule change as described in (‘‘CBOE’’) regarding A:AIR comments more efficiently, please use Items I, II, and III below, which Items functionality.5 Both AIM and A:AIR only one method. The Commission will have been prepared by the Exchange. functionality are active on CBOE. post all comments on the Commission’s The Exchange filed the proposal as a 3 15 U.S.C. 78s(b)(3)(A)(iii). 17 15 U.S.C. 78s(b)(3)(A). 20 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6). 18 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). 5 See Securities Exchange Act Release No. 77848 19 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4. (May 17, 2016), 81 FR 31978 (May 20, 2016) (SR–

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Under Rule 6.51 (Automated A:AIR functionality essentially allows that are not priced at the market or that Improvement Mechanism (‘‘AIM’’)), a for the entry of Agency Orders into AIM are priced with a limit price not in the Permit Holder (‘‘Participant’’) that with contingency processing standard increment for the option series represents agency orders may instructions for handling in the event in which they are entered would be electronically execute an order it that the order cannot be processed via rejected. For example, if a Participant represents as agent (‘‘Agency Order’’) Auction. For example, using A:AIR were to submit a matched Agency Order against principal interest or against a functionality, a Permit Holder enters an into AIM for processing in a class with solicited order provided it submits the Agency Order to buy 10 standard a minimum increment of a nickel, Agency Order for electronic execution contracts at the market along with a which was stopped with a contra order into the AIM auction (‘‘Auction’’) for matched solicited contra order to sell 10 at $0.07, both the Agency Order and the processing. Matched Agency Orders standard contracts at $1.21. At the time contra order would be rejected because may be processed via AIM subject to the A:AIR order is entered, the NBBO is the order, which is not priced in the certain eligibility requirements $1.00 to $1.20, with a Customer order to minimum increment for the class, contained in Rule 6.51(a). Specifically, sell 30 contracts at $1.20 resting at the would not eligible for AIM processing to be eligible for processing via AIM, the top of the book alone. Here, the order and because the System would not be Agency Order must be: (1) In a class would not be eligible for submission able to book an order at $0.07 in a class designated as eligible for AIM Auctions into AIM because the Agency Order was with a minimum increment of a nickel. as determined by the Exchange and not stopped with a solicited order Notably, this provision of proposed within the designated Auction order priced better than the NBBO.9 As a Interpretation and Policy .10 to Rule eligibility size parameters as such size result, pursuant to Rule 6.51(a)(2), the 6.51 is consistent with Exchange rules parameters are determined by the Auction would not begin. Whereas both that only permit orders at the standard Exchange; and (2) stopped as principal the Agency Order and solicited order increment to enter the book.11 Finally, or with a solicited order at the better of would have cancelled if the order were proposed Interpretation and Policy .10 the national best bid or offer (‘‘NBBO’’) not marked A:AIR, in this case, because to Rule 6.51 would provide that A:AIR or the Agency Order’s limit price (if the the order was marked A:AIR, the order functionality could be made order is a limit order).6 Orders Agency Order would route to the available on those order management submitted for crossing into AIM, which automated trading system for processing platforms as determined by the are ineligible for Auction processing and trade against the resting Customer— Exchange and announced via Regulatory will result in both the Agency Order and the solicited order would still be Circular. This provision is intended to the matching contra order(s) being cancelled. Again, however, had the make clear that A:AIR functionality may cancelled. Permit Holder not marked this order not be available on all trading platforms Under Rule 6.51(a)(1), an Auction A:AIR, both the Agency Order and in use on the Exchange.12 may be conducted in a class designated solicited order would cancel. The Exchange also notes that although as eligible for Auctions as determined Currently, A:AIR functionality is not orders submitted into AIM, which are by the Exchange. Any determinations explicitly defined in the Exchange’s not marked A:AIR and are ineligible for made by the Exchange, such as eligible AIM rules.10 Accordingly, this filing is Auction processing will result in both classes, will be communicated in a intended to further codify, clarify, and the Agency Order and the matching Regulatory Circular pursuant to describe A:AIR functionality in the contra order(s) being cancelled, the Interpretation and Policy .05 to Rule Rules. Specifically, the Exchange Rules do not explicitly provide as much. 6.51. Notably, AIM functionality is proposes to adopt Interpretation and Accordingly, the Exchange proposes to currently not activated in any class on Policy .10 to Rule 6.51 (AIM Retained add language to Rule 6.51(a) to provide the Exchange. Order Functionality), under which the that in the event that a Participant A:AIR functionality is an Exchange would define an A:AIR order submits a matched Agency Order for enhancement to AIM, which if as the transmission of two or more electronic execution into the Auction activated, would allow Participants the orders for crossing pursuant to Rule that is ineligible for processing because flexibility to choose, on an order-by- 6.51, with the Agency Order priced at it does not meet the conditions order basis, whether an Agency Order the market or a limit price in the described in paragraph (a), both the 7 should continue into the System for standard increment for the option series Agency Order and any solicited contra processing rather than cancel in the and marked with a contingency orders will be cancelled unless marked 8 event that an Auction cannot occur. instruction to route the Agency Order as an AIM Retained order pursuant to for processing and cancel any contra proposed Interpretation and Policy .10 CBOE–2016–024) (Order Approving Proposed Rule orders if an Auction cannot occur 13 Change, as Modified by Amendment No. 2 Thereto, to Rule 6.51. Relating to AIM Retained Orders). See also (including if the conditions described in Interpretation and Policy .09 to CBOE Rule 6.74A Rule 6.51(a) are not met). 11 See Rule 6.4. (AIM Retained Order Functionality). Furthermore, to ensure that A:AIR 12 A:AIR functionality is not currently supported 6 See Rule 6.51(a). orders are properly priced to allow the on the PULSe trader workstation. PULSe is an order 7 The System refers to the Exchange’s automated Exchange to book the Agency Order in handling tool used for the manual handling of trading system as defined in Rule 1.1 (Definitions). orders. Thus, when ineligible AIM orders would be 8 There are a variety of circumstances in which the event an Auction cannot occur, rejected back to PULSe users, a person is present an AIM order may be submitted to the Exchange for proposed Interpretation and Policy .10 to decide how best to handle such orders. PULSe processing, but an auction may not occur. For to Rule 6.51 would provide that orders users can either re-route such orders to be booked example, a Participant may submit an order for AIM marked ‘‘A:AIR’’ with Agency Orders or for alternative electronic processing on the processing, which is not AIM eligible because one Exchange. or more of the conditions required for an AIM 13 Notably, the A:AIR functionality may be auction to occur pursuant to Rule 6.51(a) is not 9 See Rule 6.51(a)(2). primarily used by smart router technology to ensure present. In addition, an order that is otherwise AIM 10 A:AIR functionality is generally referred to in that ineligible AIM orders are submitted into the eligible may not be able to process for a variety of the Rules, although not using that term. See System for processing and not cancelled. Whereas reasons, including, but not limited to circumstances Interpretation and Policy .04 to Rule 6.13 (Price traditional brokers and dealers are equipped to in which AIM functionality is suspended. In either Check Parameters) at paragraphs (c)(5), (d), (f)(3), manually handle cancelled orders that are returned of such cases, A:AIR functionality may allow the and (h)(4) referring to orders that instruct the to them and may revise the cancelled orders’ terms Agency Order to process despite the overall order System to process the Agency Order as an unpaired or contact their customers for further instructions, not being AIM eligible. order if an AIM Auction cannot be initiated. Continued

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The Exchange also proposes to make minimizes the risk of orders being competition for order flow between the minor changes to Interpretation and mishandled on the Exchange. The exchanges. A:AIR functionality is Policy .04 to Rule 6.13 regarding price A:AIR functionality provides simply one of many enhancements that reasonability checks on complex orders opportunities for execution of Customer the Exchange has made to AIM for this to harmonize references to A:AIR orders that a Participant submits for purpose. functionality in Rule 6.13 with the crossing via AIM that cannot be C. Self-Regulatory Organization’s language in proposed Interpretation and auctioned. The Exchange believes that Statement on Comments on the Policy .10 to Rule 6.51. Specifically, the this functionality mitigates the risk that Proposed Rule Change Received From Exchange proposes to modify inadvertent mishandling of Agency Members, Participants, or Others Interpretation and Policy .04(c)(5), (d), Orders (i.e. Customer orders) will cause (f)(3), and (h)(4) to Rule 6.13 (Price marketable Customer orders to go The Exchange neither solicited nor Check Parameters) to change references unfilled. The Exchange believes that received written comments on the to AIM orders that instruct the System such outcomes serve to protect proposed rule change. to process the Agency Order as an investors’ interests by helping to ensure III. Date of Effectiveness of the unpaired order if an AIM auction cannot that ineligible AIM Agency Orders are Proposed Rule Change and Timing for be initiated, to instead refer to A:AIR processed in accordance with customer Commission Action orders as defined in proposed instructions rather than cancelled. Interpretation and Policy .10 to Rule Accordingly, the Exchange believes that Because the foregoing proposed rule 6.51. These changes are non-substantive the proposed rule change is consistent change does not: and intended only to harmonize existing with the purposes of the Act. A. Significantly affect the protection references to A:AIR functionality In addition, the Exchange believes of investors or the public interest; B. impose any significant burden on currently in the Rules with the that A:AIR functionality promotes competition amongst market competition; and definition of A:AIR orders set forth in C. become operative for 30 days from participants by allowing more orders to proposed Interpretation and Policy .10 the date on which it was filed, or such be processed. Finally, the proposed rule to Rule 6.51. The proposed rule change shorter time as the Commission may change seeks to provide additional also makes non-substantive changes in designate, it has become effective clarity and completeness in the Rules these paragraphs to capitalize the pursuant to Section 19(b)(3)(A) of the regarding functionalities that may be defined term Agency Order, consistent Act 17 and Rule 19b–4(f)(6) 18 made available on the Exchange. The with Rule 6.51. thereunder. At any time within 60 days Exchange is continuously updating the of the filing of the proposed rule change, 2. Statutory Basis Rules to provide additional detail, the Commission summarily may The Exchange believes the proposed clarity, and transparency regarding its temporarily suspend such rule change if rule change is consistent with the Act operations and trading systems. The it appears to the Commission that such and the rules and regulations Exchange believes that the adoption of action is necessary or appropriate in the thereunder applicable to the Exchange detailed, clear, and transparent rules public interest, for the protection of and, in particular, the requirements of reduces burdens on competition and investors, or otherwise in furtherance of Section 6(b) of the Act.14 Specifically, promotes just and equitable principles the purposes of the Act. If the the Exchange believes the proposed rule of trade. change is consistent with the Section Commission takes such action, the 6(b)(5) 15 requirements that the rules of B. Self-Regulatory Organization’s Commission will institute proceedings an exchange be designed to prevent Statement on Burden on Competition to determine whether the proposed rule fraudulent and manipulative acts and The Exchange does not believe that change should be approved or practices, to promote just and equitable the proposed rule change will impose disapproved. principles of trade, to foster cooperation any burden on competition that is not IV. Solicitation of Comments necessary or appropriate in furtherance and coordination with persons engaged Interested persons are invited to of the purposes of the Act. The in regulating, clearing, settling, submit written data, views, and processing information with respect to, Exchange notes that price improvement arguments concerning the foregoing, and facilitating transactions in mechanism enhancements such as including whether the proposed rule securities, to remove impediments to A:AIR functionality are widely used change is consistent with the Act. and perfect the mechanism of a free and across the national options exchanges. Comments may be submitted by any of open market and a national market The Exchange believes that offering the following methods: system, and, in general, to protect additional functionalities and investors and the public interest. enhancements to its price improvement Electronic Comments Additionally, the Exchange believes the mechanisms [sic] promotes intermarket • Use the Commission’s Internet proposed rule change is consistent with competition. The exchanges have comment form (http://www.sec.gov/ 16 the Section 6(b)(5) requirement that developed these mechanisms in order to rules/sro.shtml); or the rules of an exchange not be designed provide market participants diverse • Send an email to rule- to permit unfair discrimination between opportunities to seek valuable price [email protected]. Please include File customers, issuers, brokers, or dealers. improvement and as a means to Number SR–C2–2016–014 on the In particular, the Exchange believes compete with one another for order subject line. that A:AIR functionality makes the flow. The U.S. options exchanges are Exchange’s price improvement continuously making enhancements and Paper Comments mechanisms [sic] easier to use and adding functionalities to their price • Send paper comments in triplicate improvement mechanisms in order to to Brent J. Fields, Secretary, Securities smart routers are generally all electronic provide more competitive marketplaces and Exchange Commission, 100 F Street algorithmic systems that may not allow for manual handling of cancelled orders. for market participants and better NE., Washington, DC 20549–1090. 14 15 U.S.C. 78f(b). compete with one another. The 15 15 U.S.C. 78f(b)(5). Exchange believes that enhancements to 17 15 U.S.C. 78s(b)(3)(A). 16 Id. such mechanisms promote intermarket 18 17 CFR 240.19b–4(f)(6).

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All submissions should refer to File sections 6(c) and 17(b) of the Act for an hearing on the matter, the reason for the Number SR–C2–2016–014. This file exemption from sections 17(a)(1) and request, and the issues contested. number should be included on the 17(a)(2) of the Act, and under section Persons who wish to be notified of a subject line if email is used. To help the 12(d)(1)(J) for an exemption from hearing may request notification by Commission process and review your sections 12(d)(1)(A) and 12(d)(1)(B) of writing to the Commission’s Secretary. comments more efficiently, please use the Act. The requested order would ADDRESSES: Secretary, Securities and only one method. The Commission will permit (a) actively-managed series of Exchange Commission, 100 F Street NE., post all comments on the Commission’s certain open-end management Washington, DC 20549–1090; Internet Web site (http://www.sec.gov/ investment companies (‘‘Funds’’) to Applicants: The Trust and the Initial rules/sro.shtml). Copies of the issue shares redeemable in large Adviser, 1345 Avenue of the Americas, submission, all subsequent aggregations only (‘‘Creation Units’’); (b) Fl. 2, New York, NY 10105; the Initial amendments, all written statements secondary market transactions in Fund Distributor, 3 Canal Plaza, Suite 100, with respect to the proposed rule shares to occur at negotiated market Portland, ME 04101. change that are filed with the prices rather than at net asset value FOR FURTHER INFORMATION CONTACT: Hae- Commission, and all written (‘‘NAV’’); (c) certain Funds to pay Sung Lee, Attorney-Adviser, at (202) communications relating to the redemption proceeds, under certain 551–7345, or Mary Kay Frech, Branch proposed rule change between the circumstances, more than seven days Chief, at (202) 551–6821 (Division of Commission and any person, other than after the tender of shares for Investment Management, Chief those that may be withheld from the redemption; (d) certain affiliated Counsel’s Office). public in accordance with the persons of a Fund to deposit securities SUPPLEMENTARY INFORMATION: The provisions of 5 U.S.C. 552, will be into, and receive securities from, the following is a summary of the available for Web site viewing and Fund in connection with the purchase application. The complete application printing in the Commission’s Public and redemption of Creation Units; (e) may be obtained via the Commission’s Reference Room, 100 F Street NE., certain registered management Web site by searching for the file Washington, DC 20549 on official investment companies and unit number, or for an applicant using the business days between the hours of investment trusts outside of the same Company name box, at http:// 10:00 a.m. and 3:00 p.m. Copies of such group of investment companies as the www.sec.gov/search/search.htm or by filing also will be available for Funds (‘‘Funds of Funds’’) to acquire calling (202) 551–8090. inspection and copying at the principal shares of the Funds; and (f) certain office of the Exchange. All comments Funds (‘‘Feeder Funds’’) to create and Summary of the Application received will be posted without change; redeem Creation Units in-kind in a 1. Applicants request an order that the Commission does not edit personal master-feeder structure. would allow Funds to operate as identifying information from actively-managed exchange traded submissions. You should submit only APPLICANTS: TrimTabs ETF Trust (the funds (‘‘ETFs’’).1 Fund shares will be information that you wish to make ‘‘Trust’’), a Delaware statutory trust that purchased and redeemed at their NAV available publicly. All submissions is registered under the Act as an open- in Creation Units only. All orders to should refer to File Number SR–C2– end management investment company purchase Creation Units and all 2016–014, and should be submitted on with multiple series, TrimTabs Asset redemption requests will be placed by or before August 31, 2016. Management, LLC (the ‘‘Initial or through an ‘‘Authorized Participant’’, For the Commission, by the Division of Adviser’’), a Delaware limited liability which will have signed a participant Trading and Markets, pursuant to delegated company registered as an investment agreement with the Distributor. Shares authority.19 adviser under the Investment Advisers will be listed and traded individually on Robert W. Errett, Act of 1940, and Foreside Fund a national securities exchange, where Deputy Secretary. Services, LLC (the ‘‘Distributor’’), a share prices will be based on the current Delaware limited liability company and bid/offer market. Certain Funds may [FR Doc. 2016–18909 Filed 8–9–16; 8:45 am] broker-dealer registered under the operate as Feeder Funds in a master- BILLING CODE 8011–01–P Securities Exchange Act of 1934 feeder structure. Any order granting the (‘‘Exchange Act’’). requested relief would be subject to the SECURITIES AND EXCHANGE FILING DATES: The application was filed terms and conditions stated in the COMMISSION on June 8, 2016, and amended on July application. 1, 2016. 2. Each Fund will consist of a [Investment Company Act Release No. HEARING OR NOTIFICATION OF HEARING: An portfolio of securities and other assets 32208; 812–14661] order granting the requested relief will and investment positions (‘‘Portfolio be issued unless the Commission orders Holdings’’). Each Fund will disclose on TrimTabs ETF Trust, et al.; Notice of its Web site the identities and quantities Application a hearing. Interested persons may request a hearing by writing to the of the Portfolio Holdings that will form Commission’s Secretary and serving August 4, 2016. 1 Applicants request that the order apply to an applicants with a copy of the request, initial series and any future series of the Trust AGENCY : Securities and Exchange personally or by mail. Hearing requests offering exchange-traded Shares, as well as other Commission (‘‘Commission’’). should be received by the Commission existing or future open-end management companies ACTION: Notice of an application for an by 5:30 p.m. on August 29, 2016, and or existing or future series thereof offering exchange-traded Shares (and their respective order under section 6(c) of the should be accompanied by proof of existing or future Master Funds, as defined below) Investment Company Act of 1940 (the service on applicants, in the form of an that may utilize active management investment ‘‘Act’’) for an exemption from sections affidavit, or for lawyers, a certificate of strategies (collectively, ‘‘Future Funds’’). Any 2(a)(32), 5(a)(1), 22(d), and 22(e) of the service. Pursuant to rule 0–5 under the Future Fund will (a) be advised by the Initial Adviser or an entity controlling, controlled by, or Act and rule 22c–1 under the Act, under Act, hearing requests should state the under common control with the Initial Adviser nature of the writer’s interest, any facts (each, an ‘‘Adviser’’), and (b) comply with the terms 19 17 CFR 200.30–3(a)(12). bearing upon the desirability of a and conditions of the application.

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the basis for the Fund’s calculation of 7. Applicants request an exemption to Fund, to sell shares of the Master Fund NAV at the end of the day. permit Funds of Funds to acquire Fund to the Feeder Fund beyond the 3. Shares will be purchased and shares beyond the limits of section limitations in section 12(d)(1)(B). redeemed in Creation Units and 12(d)(1)(A) of the Act; and the Funds, 10. Section 6(c) of the Act permits the generally on an in-kind basis. Except and any principal underwriter for the Commission to exempt any persons or where the purchase or redemption will Funds, and/or any broker or dealer transactions from any provision of the include cash under the limited registered under the Exchange Act, to Act if such exemption is necessary or circumstances specified in the sell shares to Funds of Funds beyond appropriate in the public interest and application, purchasers will be required the limits of section 12(d)(1)(B) of the consistent with the protection of to purchase Creation Units by Act. The application’s terms and investors and the purposes fairly depositing specified instruments conditions are designed to, among other intended by the policy and provisions of (‘‘Deposit Instruments’’), and things, help prevent any potential (i) the Act. Section 12(d)(1)(J) of the Act shareholders redeeming their shares undue influence over a Fund through provides that the Commission may will receive specified instruments control or voting power, or in exempt any person, security, or (‘‘Redemption Instruments’’). The connection with certain services, transaction, or any class or classes of Deposit Instruments and the transactions, and underwritings, (ii) persons, securities, or transactions, from Redemption Instruments will each excessive layering of fees, and (iii) any provision of section 12(d)(1) if the correspond pro rata to the positions in overly complex fund structures, which exemption is consistent with the public the Fund’s portfolio (including cash are the concerns underlying the limits interest and the protection of investors. positions) except as specified in the in sections 12(d)(1)(A) and (B) of the Section 17(b) of the Act authorizes the application. Act. Commission to grant an order 4. Because shares will not be 8. Applicants request an exemption permitting a transaction otherwise individually redeemable, applicants from sections 17(a)(1) and 17(a)(2) of the prohibited by section 17(a) if it finds request an exemption from section Act to permit persons that are Affiliated that (a) the terms of the proposed 5(a)(1) and section 2(a)(32) of the Act Persons, or Second Tier Affiliates, of the transaction are fair and reasonable and that would permit the Funds to register Funds, solely by virtue of certain do not involve overreaching on the part as open-end management investment ownership interests, to effectuate of any person concerned; (b) the companies and issue shares that are purchases and redemptions in-kind. The proposed transaction is consistent with redeemable in Creation Units only. deposit procedures for in-kind the policies of each registered 5. Applicants also request an purchases of Creation Units and the investment company involved; and (c) exemption from section 22(d) of the Act redemption procedures for in-kind the proposed transaction is consistent and rule 22c–1 under the Act as redemptions of Creation Units will be with the general purposes of the Act. secondary market trading in shares will the same for all purchases and take place at negotiated prices, not at a redemptions and Deposit Instruments For the Commission, by the Division of current offering price described in a and Redemption Instruments will be Investment Management, under delegated authority. Fund’s prospectus, and not at a price valued in the same manner as those based on NAV. Applicants state that (a) Portfolio Holdings currently held by the Robert W. Errett, secondary market trading in shares does Funds. Applicants also seek relief from Deputy Secretary. not involve a Fund as a party and will the prohibitions on affiliated [FR Doc. 2016–18914 Filed 8–9–16; 8:45 am] not result in dilution of an investment transactions in section 17(a) to permit a BILLING CODE 8011–01–P in shares, and (b) to the extent different Fund to sell its shares to and redeem its prices exist during a given trading day, shares from a Fund of Funds, and to or from day to day, such variances occur engage in the accompanying in-kind SECURITIES AND EXCHANGE as a result of third-party market forces, transactions with the Fund of Funds.2 COMMISSION such as supply and demand. Therefore, The purchase of Creation Units by a applicants assert that secondary market [Release No. 34–78480; File No. SR– Fund of Funds directly from a Fund will NASDAQ–2016–097] transactions in shares will not lead to be accomplished in accordance with the discrimination or preferential treatment policies of the Fund of Funds and will Self-Regulatory Organizations; The among purchasers. Finally, applicants be based on the NAVs of the Funds. NASDAQ Stock Market LLC; Notice of represent that share market prices will 9. Applicants also request relief to Filing and Immediate Effectiveness of be disciplined by arbitrage permit a Feeder Fund to acquire shares Proposed Rule Change Related to opportunities, which should prevent of another registered investment Detection of Loss of Connection shares from trading at a material company managed by the Adviser discount or premium from NAV. having substantially the same August 4, 2016. 6. With respect to Funds that hold investment objectives as the Feeder Pursuant to Section 19(b)(1) of the non-U.S. Portfolio Holdings and that Fund (‘‘Master Fund’’) beyond the Securities Exchange Act of 1934 effect creations and redemptions of limitations in section 12(d)(1)(A) and (‘‘Act’’),1 and Rule 19b-4 thereunder,2 Creation Units in kind, applicants permit the Master Fund, and any notice is hereby given that on July 28, request relief from the requirement principal underwriter for the Master 2016, The NASDAQ Stock Market LLC imposed by section 22(e) in order to (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the allow such Funds to pay redemption 2 The requested relief would apply to direct sales Securities and Exchange Commission proceeds within fifteen calendar days of shares in Creation Units by a Fund to a Fund of (‘‘SEC’’ or ‘‘Commission’’) the proposed Funds and redemptions of those shares. Applicants, following the tender of Creation Units moreover, are not seeking relief from section 17(a) rule change as described in Items I and for redemption. Applicants assert that for, and the requested relief will not apply to, II, below, which Items have been the requested relief would not be transactions where a Fund could be deemed an prepared by the Exchange. The inconsistent with the spirit and intent of Affiliated Person, or a Second-Tier Affiliate, of a Commission is publishing this notice to Fund of Funds because an Adviser or an entity section 22(e) to prevent unreasonable, controlling, controlled by or under common control undisclosed or unforeseen delays in the with an Adviser provides investment advisory 1 15 U.S.C. 78s(b)(1). actual payment of redemption proceeds. services to that Fund of Funds. 2 17 CFR 240.19b–4.

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solicit comments on the proposed rule OTTO Ports in the event that they lose Participant’s open quotes. Quotes will change from interested persons. communication with a Client be cancelled across all Client Application due to a loss of Applications that are associated with I. Self-Regulatory Organization’s connectivity. This feature is designed to the same NOM Market Makers ID and Statement of the Terms of Substance of protect NOM Options Market Makers 7 underlying issues. the Proposed Rule Change and other market participants from The Exchange proposes to define The Exchange proposes to amend inadvertent exposure to excessive risk. ‘‘Client Application’’ as the System NASDAQ Options Market LLC’s By way of background, Participants component of the Participant through (‘‘NOM’’) Rules at Chapter VI, Section 6, currently enter quotes and orders which the Exchange Participant entitled ‘‘Acceptance of Quotes and utilizing either an SQF, FIX or OTTO communicates its quotes and orders to Orders’’ to adopt functionality which is Port. SQF is utilized by NOM Options the Exchange at proposed Chapter VI, designed to assist NOM Participants, Market Makers. FIX and OTTO are Section 6(e)(i)(D). The Exchange hereinafter ‘‘Participants,’’ in the event available to all market participants. proposes to define a ‘‘Heartbeat’’ that they lose communication with their These ports are System 8 components message as a communication that acts as assigned Financial Information through which a Participant a virtual pulse between the SQF, FIX or eXchange (‘‘FIX’’),3 Specialized Quote communicates its quotes and/or orders OTTO Port and the Client Application Feed (‘‘SQF’’),4 or Ouch to Trade to the NOM match engine through the at proposed Chapter VI, Section Options (‘‘OTTO’’) 5 Ports due to a loss Participant’s Client Application. 6(e)(i)(A). The Heartbeat message sent of connectivity. Under the proposed rule change, an by the Participant and subsequently The text of the proposed rule change SQF Port would be defined as the received by the Exchange allows the is available on the Exchange’s Web site Exchange’s System component through SQF, FIX or OTTO Port to continually at http://nasdaq.cchwallstreet.com, at which Participants communicate their monitor its connection with the the principal office of the Exchange, and quotes from the Client Application at Participant. at the Commission’s Public Reference proposed Chapter VI, Section 6(e)(i)(B). Room. FIX and OTTO Ports would be defined SQF Ports as the Exchange’s System components The Exchange’s System has a default II. Self-Regulatory Organization’s through which Participants Statement of the Purpose of, and time period, which will trigger a communicate their orders from the disconnect from the Exchange and Statutory Basis for, the Proposed Rule Client Application at proposed Chapter Change remove quotes, set to fifteen (15) VI, Section 6(e)(i)(C). NOM Options seconds for SQF Ports. A Participant In its filing with the Commission, the Market Makers may submit quotes to the may change the default period of ‘‘nn’’ Exchange included statements Exchange from one or more SQF Ports. seconds of no technical connectivity to concerning the purpose of and basis for Similarly, market participants may trigger a disconnect from the Exchange the proposed rule change and discussed submit orders to the Exchange from one and remove quotes to a number between any comments it received on the or more FIX and/or OTTO Ports. The one hundred (100) milliseconds and proposed rule change. The text of these proposed removal feature will be 99,999 milliseconds for SQF Ports prior statements may be examined at the mandatory for each NOM Market to each session of connectivity to the places specified in Item IV below. The Makers utilizing SQF for the removal of Exchange. This feature is enabled for Exchange has prepared summaries, set quotes and optional for any market each NOM Market Makers and may not forth in sections A, B, and C below, of participant utilizing FIX and OTTO for be disabled. the most significant aspects of such the removal of orders. There are two ways to change the statements. When the SQF Port detects the loss of number of ‘‘nn’’ seconds: (1) communication with a Participant’s systemically or (2) by contacting the A. Self-Regulatory Organization’s Client Application because the Exchange’s operations staff. If the Statement of the Purpose of, and Exchange’s server does not receive a Participant systemically changes the Statutory Basis for, the Proposed Rule Heartbeat message 9 for a certain period default number of ‘‘nn’’ seconds, that Change of time (‘‘nn’’ seconds), the Exchange new setting shall be in effect throughout will automatically logoff the 1. Purpose the current session of connectivity 10 Participant’s affected Client Application and will then default back to fifteen The Exchange proposes to amend and automatically cancel all of the Chapter VI, Section 6, entitled seconds.11 The Participant may change the default setting systemically prior to ‘‘Acceptance of Quotes and Orders’’ to automatically disconnect and cancel quotes for SQF adopt a new section ‘‘(e)’’ entitled and offer the opportunity to cancel orders for FIX each session of connectivity. The ‘‘Detection of Loss of Connection,’’ a and OTTO in addition to a disconnect if elected, Participant may also communicate the new automated process which NOM when there is a loss of communication with the time to the Exchange by calling the 6 Participant’s Client Application. The Exchange is proposes to adopt for its SQF, FIX and formalizing the process within Chapter VI, Section Exchange’s operations staff. If the time 6(e). period is communicated to the 3 FIX permits the entry of orders. 7 The term ‘‘Nasdaq Options Market Maker’’ or 4 SQF permits the transmission of quotes to the ‘‘Options Market Maker’’ (herein ‘‘NOM Market 10 Each time the Participant connects to the Exchange by a NOM Market Maker using its Client Maker’’) means an Options Participant registered Exchange’s System is a new period of connectivity. Application. with the Exchange for the purpose of making For example, if the Participant were to connect and 5 OTTO permits the transmission of orders to the markets in options contracts traded on the then disconnect within a trading day several times, Exchange by a Participant. Immediate or cancel Exchange and that is vested with the rights and each time the Participant disconnected the next orders will not be cancelled pursuant to this responsibilities specified in Chapter VII of these session would be a new session of connectivity. Chapter VI, Section 6 because, by definition, these Rules. See NOM Rules at Chapter I, Section 1(a)(26). 11 The Exchange’s System would capture the new orders will cancel if not executed. All Participants 8 The term ‘‘System’’ shall mean the automated setting information that was changed by the have the ability to utilize OTTO. Orders submitted system for order execution and trade reporting Participant and utilize the amended setting for that by NOM Market Makers over this interface will be owned and operated by NOM as the NOM Options particular session. The setting would not persist treated as quotes. market. See Chapter VI, Section 1(a). beyond the current session of connectivity and the 6 Today, SQF, FIX and OTTO have the capability 9 It is important to note that the Exchange setting would default back to 15 seconds for the to cancel quotes and orders respectively. The rule separately sends a connectivity message to the next session if the Participant did not change the change would adopt a formalized process to Participant as evidence of connectivity. setting again.

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Exchange by calling Exchange orders submitted through that FIX Port. feature is not enabled, the System will operations, the number of ‘‘nn’’ seconds If the removal of orders feature is not simply disconnect the OTTO user and selected by the Participant shall persist enabled, the System will simply not cancel any orders. The OTTO user for each subsequent session of disconnect the FIX user and not cancel would have to commence a new session connectivity until the Participant either any orders. The FIX user would have to to add, modify or cancel its orders once contacts Exchange operations and commence a new session to add, modify disconnected. changes the setting or the Participant or cancel its orders once disconnected. The trigger for the SQF, FIX and systemically selects another time period OTTO Ports OTTO Ports is event and Client prior to the next session of connectivity. Application specific. The automatic The Exchange’s System has a default FIX Ports cancellation of the NOM Market Maker’s time period, which will trigger a quotes for SQF Ports and open orders, The Exchange’s System has a default disconnect from the Exchange and if elected by the Participant for FIX and time period, which will trigger a remove orders, set to fifteen (15) OTTO Ports entered into the respective disconnect from the Exchange and seconds for OTTO Ports. The Participant SQF, FIX or OTTO Ports via a particular remove orders, set to thirty (30) seconds may disable the removal of orders Client Application will neither impact for FIX Ports. The Participant may feature but not the disconnect feature. If nor determine the treatment of the disable the removal of orders feature but the Participant elects to have its orders quotes of other NOM Market Makers not the disconnect feature. If the removed, in addition to the disconnect, entered into SQF Ports or orders of the Participant elects to have its orders the Participant may determine a time same or other Participants entered into removed, in addition to the disconnect, period of no technical connectivity to FIX or OTTO Ports via a separate and the Participant may determine a time trigger the disconnect and removal of distinct Client Application. period of no technical connectivity to orders between one hundred (100) In other words, with respect to quotes, trigger the disconnect and removal of milliseconds and 99,999 milliseconds. orders between (1) second and thirty There are two ways to change the each NOM Market Maker only (30) seconds for FIX Ports prior to each number of ‘‘nn’’ seconds: (1) maintains one quote in a given option session of connectivity to the Exchange. systemically or (2) by contacting the in the order book. A new quote would There are two ways to change the Exchange’s operations staff. If the replace the existing quote. Orders on the number of ‘‘nn’’ seconds: (1) Participant systemically changes the other hand do not replace each other in systemically or (2) by contacting the default number of ‘‘nn’’ seconds, that the order book as multiple orders may Exchange’s operations staff. If the new setting shall be in effect throughout exist in a given option at once. Participant systemically changes the that session of connectivity and will Therefore, the difference in the impact default number of ‘‘nn’’ seconds, that then default back to fifteen seconds at between NOM Market Makers new setting shall be in effect throughout the end of that session. The Participant submitting quotes and Participants that session of connectivity and will may change the default setting submitting orders is that quotes may then default back to thirty seconds at systemically prior to each session of continue to be submitted and/or the end of that session. The Participant connectivity. The Participant may also refreshed by unaffected NOM Market may change the default setting communicate the time to the Exchange Makers because these market systemically prior to each session of by calling the Exchange’s operations participants are cancelled based on ID connectivity. The Participant may also staff. If the time period is communicated when an SQF Port disconnects, whereas communicate the time to the Exchange to the Exchange by calling Exchange all of the open orders submitted by a by calling the Exchange’s operations operations, the number of ‘‘nn’’ seconds given firm will be impacted when a FIX staff. If the time period is communicated selected by the Participant shall persist or OTTO port disconnects, if the firm to the Exchange by calling Exchange for each subsequent session of elected to have orders cancelled. operations, the number of ‘‘nn’’ seconds connectivity until the Participant either The Exchange will issue an Options selected by the Participant shall persist contacts Exchange operations and Trader Alert advising Participants on for each subsequent session of changes the setting or the Participant the manner in which they should connectivity until the Participant either systemically selects another time period communicate the number of ‘‘nn’’ contacts Exchange operations and prior to the next session of connectivity. seconds to the Exchange for SQF, FIX changes the setting or the Participant Similar to SQF and FIX Ports, when and OTTO Ports. systemically selects another time period an OTTO Port detects the loss of 2. Statutory Basis prior to the next session of connectivity. communication with a Participant’s Similar to SQF Ports, when a FIX Port Client Application for a certain time The Exchange believes that its detects the loss of communication with period (‘‘nn’’ seconds), the Exchange proposal is consistent with Section 6(b) a Participant’s Client Application for a will automatically logoff the of the Act,12 in general, and furthers the certain time period (‘‘nn’’ seconds), the Participant’s affected Client Application objectives of Section 6(b)(5) of the Act,13 Exchange will automatically logoff the and if elected, automatically cancel all in particular, in that it is designed to Participant’s affected Client Application open orders. The Participant may have promote just and equitable principles of and if elected, automatically cancel all an order which has routed away prior to trade, to remove impediments to and open orders. The Participant may have the cancellation; in the event that the perfect the mechanism of a free and an order which has routed away prior to order returns to the Order Book, because open market and a national market the cancellation, in the event that the it was either not filled or partially filled, system, and, in general to protect order returns to the Order Book, because that order will be subsequently investors and the public interest, by it was either not filled or partially filled, cancelled. offering removal functionality for NOM that order will be subsequently The disconnect feature is mandatory Market Makers as well as all other cancelled. for OTTO users however the user has market participants to prevent The disconnect feature is mandatory the ability to elect to also enable a disruption in the marketplace and also for FIX users, however the user has the removal feature, which will cancel all ability to elect to also enable a removal open orders submitted through that 12 15 U.S.C. 78f(b). feature, which will cancel all open OTTO Port. If the removal of orders 13 15 U.S.C. 78f(b)(5).

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offering this removal feature to other unintended executions associated with Application, which is processed by the market participants. a loss in communication with a Client System, automatically executes at the NOM Market Makers will be required Application. Participants are able to price up to the NOM Market Maker’s to utilize removal functionality with better anticipate the appropriate time size. In other words, the System will respect to SQF Ports. This feature will within which they may require prior to process the request for cancellation in remove impediments to and perfect the a logoff as compared to the Exchange. the order it was received by the System. mechanism of a free and open market The Participant is being offered a The System operates consistently and a national market system and timeframe by the Exchange within with the firm quote obligations of a protect investors and the public interest which to select the appropriate time. broker-dealer pursuant to Rule 602 of by requiring NOM Market Makers The Exchange does not desire to trigger Regulation NMS. Specifically, with quotes to be removed in the event of a unwarranted logoffs of Participants and respect to NOM Market Makers, their loss of connectivity with the Exchange’s therefore permits Participants to provide obligation to provide continuous two- System. NOM Market Makers provide an alternative time to the Exchange, sided quotes on a daily basis is not liquidity to the market place and have within the Exchange’s prescribed diminished by the removal of such obligations unlike other market timeframe, which authorized the quotes triggered by the disconnect. participants.14 This risk feature for SQF Exchange to disconnect the Participant. NOM Market Makers are required to is important because it will enable NOM The ‘‘nn’’ seconds serve as the provide continuous two-sided quotes on Market Makers to avoid risks associated Participant’s instruction to the Exchange a daily basis.17 NOM Market Makers with inadvertent executions in the event to act upon the loss of connection and will not be relieved of the obligation to of a loss of connectivity with the remove quotes from the System. This provide continuous two-sided quotes on Exchange. The proposed rule change is range will accommodate Participants in a daily basis, nor will it prohibit the designed to not permit unfair selecting their appropriate times within Exchange from taking disciplinary discrimination among market the prescribed timeframes. action against a NOM Market Makers for participants, as it would apply Also, NOM Market Makers have failing to meet the continuous quoting uniformly to all NOM Market Makers quoting obligations 15 and are more obligation each trading day as a result utilizing SQF. sensitive to price movements as of disconnects. Utilizing a time period for SQF Ports compared to other market participants. The proposal to permit NOM Market of fifteen (15) seconds and permitting It is consistent with the Act to provide Makers to amend the default setting at the NOM Market Makers to modify the a wider timeframe within which to the beginning of each session of setting to between 100 milliseconds and customize settings for FIX Ports as connectivity is consistent with the Act 99,999 milliseconds is consistent with compared to SQF Ports. NOM Market because it avoids unwarranted logoffs of the Act because the Exchange does not Makers need to remain vigilant of Participants and provides Participants desire to trigger unwarranted logoffs of market conditions and react more the opportunity to set a time, within the Participants and therefore allows quickly to market movements as prescribed timeframe, to authorize the Participants the ability to set their time compared to other Participants entering Exchange to disconnect the Participant. Today, NASDAQ PHLX LLC (‘‘Phlx’’) in order to enable the Exchange the orders into the System. The proposal and NASDAQ BX, INC. (‘‘BX’’) offer its authority to disconnect the Participant acknowledges this sensitivity borne by market makers a similar feature to the with this feature. Each NOM Market NOM Market Makers and reflects the one proposed by the Exchange for the Makers has different levels of sensitivity reaction time of NOM Market Makers as automatic removal of quotes when with respect to this disconnect setting compared to Participants entering connectivity issues arise.18 Phlx and BX and each NOM Market Makers has their orders. Of note, the proposed have identical rules to the NOM own system safeguards as well. A customized timeframe for FIX would be too long for NOM Market Makers given proposal for SQF Ports. default setting of fifteen (15) seconds is With respect to FIX Ports,19 the their quoting requirements and appropriate to capture the needs of all Exchange will offer an optional removal sensitivity to price movements. NOM NOM Market Makers and high enough functionality to all market participants. Market Makers would be severely not to trigger unwarranted removal of Offering the FIX removal feature on a impacted by a loss of connectivity of quotes. voluntary basis to all other non-Market Further, NOM Market Makers are able more than several seconds. The NOM Maker Participants is consistent with to customize their setting. The Market Makers would have exposure the Act because it permits them an Exchange’s proposal to permit a during the time period in which they opportunity to utilize this risk feature, timeframe for SQF Ports between 100 are unable to manage their quote and if desired, and avoid risks associated milliseconds and 99,999 milliseconds is update that quote. The Participant is with inadvertent executions in the event consistent with the Act and the best positioned to determine its setting. of a loss of connectivity with the protection of investors because the The Exchange’s proposal is further Exchange. The removal feature is purpose of this feature is to mitigate the consistent with the Act because it will designed to mitigate the risk of missed risk of potential erroneous or mitigate the risk of potential erroneous or unintended executions associated and/or unintended executions associated with a loss in communication 14 Pursuant to NOM Rules at Chapter VII, Section with a loss in communication with a 5, entitled ‘‘Obligations of NOM Options Market Client Application which protects with a Client Application. The proposed rule change is designed Makers’’, in registering as a market maker, an investors and the public interest. Also, Options Participant commits himself to various to not permit unfair discrimination any interest that is executable against a obligations. Transactions of a NOM Options Market among market participants, as this Makers must constitute a course of dealings NOM Market Maker’s quotes that is reasonably calculated to contribute to the received 16 by the Exchange prior to the 17 See note 14 above. maintenance of a fair and orderly market, and NOM trigger of the disconnect to the Client Options Market Makers should not make bids or 18 See Phlx Rule 1019(c) and BX Rule at Chapter offers or enter into transactions that are inconsistent VI, Section 6(e). with such course of dealings. Further, all NOM 15 See note 14 above. 19 OTTO ports may be utilized today by non-NOM Options Market Makers are designated as specialists 16 The time of receipt for an order or quote is the Market Makers. The removal functionality remains on NOM for all purposes under the Act or rules time such message is processed by the Exchange optional for non-NOM Market Makers similar to thereunder. See Chapter VII, Section 5. book. FIX.

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removal feature will be offered or unintended executions associated As noted previously, NOM Market uniformly to all Participants utilizing with a loss in communication with a Makers have quoting obligations 23 and FIX. The Exchange will not require Client Application. Participants are more sensitive to price movements OTTO users to utilize the removal selecting the removal feature are able to as compared to other market feature for orders similar to FIX. The better anticipate the appropriate time participants. NOM Market Makers need disconnect feature for FIX is mandatory, that they require prior to a logoff as to remain vigilant of market conditions however market participants will have compared to the Exchange, within the and react more quickly to market the option to either enable or disable the Exchange’s prescribed timeframes. movements as compared to other removal feature, which would result in The Exchange does not desire to Participants entering orders into the the cancellation of all orders submitted trigger unwarranted logoffs of System. The proposal acknowledges this over a FIX port when such port Participants and therefore permits sensitivity borne by NOM Market disconnects. It is appropriate to offer Participants to provide a time to the Makers and reflects the reaction time of this removal feature as optional to all Exchange, within the Exchange’s NOM Market Makers as compared to market participants utilizing FIX prescribed timeframe, to authorize the Participants entering orders. NOM because these market participants may Exchange to disconnect the Participant Market Makers would be severely not bear the same magnitude of risk of and remove orders. The ‘‘nn’’ seconds impacted by a loss of connectivity of potential erroneous or unintended serve as the Participant’s instruction to more than several seconds. The NOM executions.20 In addition, market the Exchange to act upon the loss of Market Makers would have exposure participants utilizing FIX may desire connection and remove orders from the during the time period in which they their orders to remain on the order book System. The Participant is also best are unable to manage their quote and despite a technical disconnect, so as not positioned to determine that it only update that quote. The Participant is to miss any opportunities for execution desires the disconnect feature, which is best positioned to determine its setting. of such orders while the FIX session is mandatory, and not the removal feature. Also, the Exchange desires to offer NOM disconnected. The Exchange will The Exchange’s proposal to offer FIX Market Makers the ability to have SQF disconnect Participants from the users the removal feature on a voluntary quotes and OTTO orders removed with 22 Exchange and not cancel its orders if the basis is similar to Phlx and BX. Both the same timeframes in order that NOM removal feature is disabled for FIX. The Phlx and BX have identical rules Market Makers may attend to all open disconnect feature is mandatory and regarding FIX and a loss of interest in a similar manner with this will cause the Participant to be communication as proposed for NOM. risk feature. The proposed timeframe for the FIX disconnected within the default The Exchange notes that offering the feature is consistent with the Act timeframe or the timeframe otherwise shorter timeframe, despite the fact that because the Exchange seeks to provide specified by the Participant. non-Market Maker Participants are its Participants with the ability to select This feature is consistent with the Act utilizing this feature is also consistent the amount of time that they desire for because it enables FIX or OTTO users, with the Act because the removal a loss of communication prior to taking particularly non-Market Maker OTTO feature will not be mandatory. The action to cancel open orders or simply users, the ability to disconnect from the disconnect feature for OTTO will be disconnect. The Participant should have Exchange, assess the situation and make mandatory, however market participants the ability to select the appropriate time, a determination concerning their risk will have the option to either enable or within a prescribed timeframe, for exposure. The Exchange notes that in disable the removal feature, which authorizing the Exchange to cancel its would result in the cancellation of all the event that orders need to be open orders or simply disconnect from orders submitted over an OTTO Port removed, the Participant may elect to the Exchange. Inadvertent cancellations when such port disconnects. NOM utilize the Kill Switch 21 feature. It is may create a greater risk of harm to Market Makers will be able to set a consistent with the Act to require other investors and the Participant is better similar timeframe for both SQF and market participants to be disconnected positioned to determine the appropriate OTTO to ensure all open interest is because the Participant is otherwise not time, with the prescribed timeframe, to removed simultaneously. connected to the Exchange’s System and remove orders or disconnect. The Exchange believes that it is the Participant simply needs to With respect to OTTO Ports, the consistent with the Act to permit OTTO reconnect to commence submitting and Exchange notes that it offers OTTO to users to disable the removal feature, cancelling orders. Requiring a all market participants, not just NOM similar to FIX, because the Exchange disconnect when a loss of Market Makers. Similar to SQF, the does not desire to require non-Market communication is detected is a rational Exchange desires to utilize the 15 Maker Participants to have orders course of action for the Exchange to second default with the ability to removed on mandatory basis. While the alert the Participant of the technical customize the setting to permit a Exchange believes that this risk feature connectivity issue. timeframe between 100 milliseconds will mitigate the risk of potential The Exchange’s proposal to set a and 99,999 milliseconds. The Exchange erroneous or unintended executions default timeframe of thirty (30) seconds believes that it is consistent with the associated with a loss in communication for FIX and permit a FIX user to Act to utilize the shorter timeframe of with a Client Application which customize their timeframe between 1 15 seconds as compared to the 30 protects investors and the public second and 30 seconds for the removal second timeframe for FIX because today, interest, as noted above, Participants are of orders is consistent with the Act and OTTO is utilized solely by NOM Market able to better anticipate the appropriate the protection of investors because the Makers, although it is offered to all time within which they may require purpose of this optional feature is to Participants. OTTO orders submitted by prior to a logoff as compared to the mitigate the risk of potential erroneous NOM Market Makers over this interface Exchange. are treated as quotes for purposes of The Exchange does not desire to 20 NOM Market Makers utilizes both SQF and trigger unwarranted logoffs of OTTO and would be subject to quoting obligations. compiling with quoting obligations. 21 See NOM Rule at Chapter VI, Section 6(d). The Participants and therefore permits Kill Switch would impact all three protocols, SQF, 22 See Phlx Rule 1019(c) and BX Rule at Chapter FIX and OTTO. VI, Section 6(e). 23 See note 14 above.

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Participants to provide an alternative action to cancel open orders or simply undue burden on intra-market time to the Exchange, within the disconnect. competition because unlike NOM Exchange’s prescribed timeframe, which The Exchange notes that Participants Market Makers, other market authorized the Exchange to disconnect are free to select the protocols with participants do not bear the same risks the Participant. The ‘‘nn’’ seconds serve which they desire to access NOM. The of potential erroneous or unintended as the Participant’s instruction to the Exchange does not require Participants executions. FIX users have the Exchange to act upon the loss of to utilize more than one protocol to opportunity to disable the removal connection and remove quotes from the access NOM. The proposed rule change feature and simply disconnect from the System. This range will accommodate will help maintain a fair and orderly Exchange. FIX users may also set a Participants in selecting their market which promotes efficiency and timeframe that is appropriate for their appropriate times within the prescribed protects investors. This mandatory business. It is appropriate to offer this timeframes. removal feature for NOM Market Makers optional cancellation functionality to using SQF and optional removal for all other market participants for open The Exchange believes this hybrid market participants using FIX or OTTO orders, because those orders are subject approach will permit NOM Market will mitigate the risk of potential to risks of missed and/or unintended Makers to synchronize the removal of erroneous or unintended executions 24 executions due to a lack of connectivity their SQF quotes and OTTO orders, associated with a loss in communication which the Participants need to weigh. while still permitting non-Market Maker with a Client Application. Today, OTTO is utilized solely by Participants the ability to choose to NOM Market Makers, although it is enable the risk feature. OTTO is not B. Self-Regulatory Organization’s Statement on Burden on Competition offered to all Participants. OTTO Orders available on either Phlx or BX, so the submitted by NOM Market Makers over The Exchange does not believe that OTTO feature is not similar to those this interface are treated as quotes for the proposed rule change will impose markets, rather, as mentioned, it is a purposes of compiling with quoting any burden on competition not hybrid approach. obligations. NOM Market Makers have necessary or appropriate in furtherance It is appropriate to offer this removal quoting obligations 28 and are more of the purposes of the Act. Specifically, feature as optional to all Participants the Exchange does not believe the sensitive to price movements as utilizing OTTO, who may not be proposed rule change will cause an compared to other market participants. required to provide quotes in all undue burden on intra-market NOM Market Makers need to remain products in which they are registered. competition because NOM Market vigilant of market conditions and react Non-Market Maker Participants utilizing Makers, unlike other market more quickly to market movements as OTTO may not bear the same magnitude participants, have greater risks in the compared to other Participants entering of risk of potential erroneous or market place. Quoting across many orders into the System. For this reason, unintended executions as NOM Market series in an option creates large the proposal does not impose an undue Makers. In addition, non-Market Maker principal positions that expose NOM burden on intra-market competition Participants utilizing OTTO may desire Market Makers, who are required to because the proposal acknowledges this their orders to remain on the order book continuously quote in assigned options, sensitivity borne by NOM Market despite a technical disconnect, so as not to potentially significant market risk. Makers and reflects the reaction time of to miss any opportunities for execution Providing a broader timeframe for the NOM Market Makers as compared to of such orders while the OTTO session disconnect and removal of orders for Participants entering orders. As noted, is disconnected. OTTO is similar to FIX FIX as compared to the disconnect and NOM Market Makers would be severely on Phlx and BX because it offers market removal of quotes for SQF Ports does impacted by a loss of connectivity of participants, on a voluntary basis, the not create an undue burden on more than several seconds. NOM Market ability to cancel orders when a technical competition. NOM Market Makers have Makers would have exposure during the disconnect occurs.25 quoting obligations 27 and are more time period in which they are unable to manage their quote and update that The Exchange’s default timeframe for sensitive to price movements as quote. the disconnect and removal of orders for compared to other market participants. The Exchange’s proposal offers NOM OTTO is 15 seconds with the ability to The proposal does not impose an undue Market Makers the ability to have SQF modify that timeframe to between 100 burden on intra-market competition and OTTO orders removed within the milliseconds and 99,999 milliseconds, because it provides a tighter timeframe same timeframes in order that NOM on a session by session basis. This for the disconnect and removal of Market Makers may attend to all open timeframe is similar to the SQF quotes for SQF Ports as compared to the interest in a similar manner with this timeframe offered by Phlx and BX disconnect and removal of orders, if risk feature. The Exchange notes that today.26 Similar to FIX on Phlx and BX enabled, for FIX Ports. NOM Market offering the shorter timeframe, despite today, OTTO users may choose to Makers need to remain vigilant of the fact that non-Market Maker enable or disable the removal feature market conditions and react more Participants may utilize this feature when a disconnect occurs. The quickly to market movements as does not impose an undue burden on proposed timeframe for the OTTO compared to other Participants entering multiple orders into the System. intra-market competition because the feature is consistent with the Act removal feature will not be mandatory. because the Exchange seeks to provide The proposal reflects this sensitivity borne by NOM Market Makers and The disconnect feature for OTTO will be its Participants with the ability to select mandatory, however market participants the amount of time that they desire for reflects the reaction time of NOM Market Makers as compared to other will have the option to either enable or a loss of communication prior to taking Participants entering orders. Offering disable removal feature, which would the removal feature to other market result in the cancellation of all orders 24 NOM Market Makers may utilize both SQF and submitted over an OTTO Port when OTTO. participants on an optional basis for FIX 25 See Phlx Rule 1019(c) and BX Rule at Chapter and OTTO users does not create an such port disconnects. VI, Section 6(e). 26 Id. 27 See note 14 above. 28 See note 14 above.

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The Exchange believes that it does not A proposed rule change filed under • Send an email to rule- impose an undue burden on intra- Rule 19b–4(f)(6) normally does not [email protected]. Please include File market competition to permit OTTO become operative for 30 days from the Number SR–NASDAQ–2016–097 on the users to disable the removal feature, date of filing. However, Rule 19b– subject line. similar to FIX, because the Exchange 4(f)(6)(iii) 32 permits the Commission to does not desire to require non-Market designate a shorter time if such action Paper Comments Maker Participants to have orders is consistent with the protection of • Send paper comments in triplicate removed on mandatory basis. While the investors and the public interest. The to Secretary, Securities and Exchange Exchange believes that this risk feature Exchange has asked the Commission to Commission, 100 F Street NE., will mitigate the risk of potential waive the 30-day operative delay so that Washington, DC 20549–1090. erroneous or unintended executions it may immediately offer the proposed associated with a loss in communication risk protection feature. The Commission All submissions should refer to File with a Client Application which believes that waiving the 30-day Number SR–NASDAQ–2016–097. This protects investors and the public operative delay is consistent with the file number should be included on the interest, as noted above, Participants are protection of investors and the public subject line if email is used. To help the able to better anticipate the appropriate interest. The Exchange proposes to Commission process and review your time within which they may require adopt a functionality designed to assist comments more efficiently, please use prior to a logoff as compared to the Participants with managing certain risks only one method. The Commission will Exchange. in the event that a Participant loses post all comments on the Commission’s The Exchange does not desire to communication with its FIX, SQF, or trigger unwarranted logoffs of Internet Web site (http://www.sec.gov/ OTTO Ports due to a loss of rules/sro.shtml). Copies of the Participants and therefore permits connectivity. The Commission notes submission, all subsequent Participants to provide an alternative that other options exchanges currently amendments, all written statements time to the Exchange, within the have similar risk protection with respect to the proposed rule Exchange’s prescribed timeframe, which functionalities for their members.33 authorized the Exchange to disconnect Therefore, the Commission hereby change that are filed with the the Participant. This hybrid approach waives the 30-day operative delay and Commission, and all written will permit NOM Market Makers to designates the proposal operative upon communications relating to the synchronize the removal of their SQF filing.34 At any time within 60 days of proposed rule change between the quotes and OTTO orders, while still the filing of the proposed rule change, Commission and any person, other than permitting non-NOM Market Makers the the Commission summarily may those that may be withheld from the ability to choose to enable the risk temporarily suspend such rule change if public in accordance with the feature. it appears to the Commission that such provisions of 5 U.S.C. 552, will be Finally, the Exchange does not believe action is necessary or appropriate in the available for Web site viewing and that such change will impose any public interest, for the protection of printing in the Commission’s Public burden on inter-market competition that investors, or otherwise in furtherance of Reference Room, 100 F Street NE., is not necessary or appropriate in the purposes of the Act. If the Washington, DC 20549, on official furtherance of the purposes of the Act. Commission takes such action, the Other options exchanges offer similar business days between the hours of Commission shall institute proceedings functionality.29 10:00 a.m. and 3:00 p.m. Copies of the to determine whether the proposed rule filing also will be available for C. Self-Regulatory Organization’s should be approved or disapproved. inspection and copying at the principal Statement on Comments on the IV. Solicitation of Comments office of the Exchange. All comments Proposed Rule Change Received From received will be posted without change; Members, Participants, or Others Interested persons are invited to the Commission does not edit personal No written comments were either submit written data, views, and identifying information from solicited or received. arguments concerning the foregoing, submissions. You should submit only including whether the proposed rule III. Date of Effectiveness of the information that you wish to make change is consistent with the Act. available publicly. All submissions Proposed Rule Change and Timing for Comments may be submitted by any of Commission Action should refer to File Number SR– the following methods: NASDAQ–2016–097 and should be Because the foregoing proposed rule submitted on or before August 31, 2016. change does not: (i) significantly affect Electronic Comments the protection of investors or the public • Use the Commission’s Internet For the Commission, by the Division of interest; (ii) impose any significant comment form (http://www.sec.gov/ Trading and Markets, pursuant to delegated authority.35 burden on competition; and (iii) become rules/sro.shtml); or operative for 30 days from the date on Robert W. Errett, which it was filed, or such shorter time the Commission written notice of its intent to file Deputy Secretary. as the Commission may designate, it has the proposed rule change at least five business days [FR Doc. 2016–18911 Filed 8–9–16; 8:45 am] become effective pursuant to Section prior to the date of filing of the proposed rule BILLING CODE 8011–01–P 19(b)(3)(A)(iii) of the Act 30 and change, or such shorter time as designated by the Commission. The Exchange has satisfied this subparagraph (f)(6) of Rule 19b–4 requirement. 31 thereunder. 32 17 CFR 240.19b–4(f)(6)(iii). 33 See Phlx Rule 1019(c) and BX Rule at Chapter 29 See BOX’s Rule 8140, CBOE’s Rule 6.23C, Phlx VI, Section 6(e). Rule 1019(c) and BX Rule at Chapter VI, Section 34 For purposes only of waiving the 30-day 6(e). operative delay, the Commission has also 30 15 U.S.C. 78s(b)(3)(a)(iii). considered the proposed rule’s impact on 31 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– efficiency, competition, and capital formation. See 4(f)(6) requires a self-regulatory organization to give 15 U.S.C. 78c(f). 35 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE proposed rule change is available at the Plan adding IEX as a Participant will be COMMISSION Exchange’s Web site at filed with the Commission shortly. www.iextrading.com, at the principal The Plan is designed to allow the [Release No. 34–78481; File No. SR–IEX– Commission, market participants, and 2016–07] office of the Exchange, and at the Commission’s Public Reference Room. the public to study and assess the Self-Regulatory Organizations; impact of increment conventions on the II. Self-Regulatory Organization’s liquidity and trading of the common Investors Exchange LLC; Notice of Statement of the Purpose of, and Filing and Immediate Effectiveness of stocks of small-capitalization Statutory Basis for, the Proposed Rule companies. Each Participant is required Proposed Rule Change To Adopt Rule Change 11.340(b) To Set Forth the to comply, and to enforce compliance Requirements for the Collection and In its filing with the Commission, the by its member organizations, as Transmission of Data Pursuant to the self-regulatory organization included applicable, with the provisions of the Regulation NMS Plan To Implement a statements concerning the purpose of Plan. As is described more fully below, Tick Size Pilot Program and basis for the proposed rule change the proposed rules would require IEX and discussed any comments it received Members 11 to comply with the August 4, 2016. on the proposed rule change. The text applicable data collection requirements Pursuant to section 19(b)(1) 1 of the of these statement may be examined at of the Plan.12 Securities Exchange Act of 1934 (the the places specified in Item IV below. The Pilot will include stocks of ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 The self-regulatory organization has companies with $3 billion or less in notice is hereby given that, on July 28, prepared summaries, set forth in market capitalization, an average daily 2016, the Investors Exchange LLC Sections A, B, and C below, of the most trading volume of one million shares or (‘‘IEX’’ or the ‘‘Exchange’’) filed with the significant aspects of such statements. less, and a volume weighted average price of at least $2.00 for every trading Securities and Exchange Commission A. Self-Regulatory Organization’s day. The Pilot will consist of a control (the ‘‘Commission’’) the proposed rule Statement of the Purpose of, and group of approximately 1,400 Pilot change as described in Items I and II Statutory Basis for, the Proposed Rule Securities and three test groups with below, which Items have been prepared Change by the self-regulatory organization. The 400 Pilot Securities in each (selected by Commission is publishing this notice to 1. Purpose a stratified random sampling process).13 solicit comments on the proposed rule On August 25, 2014, NYSE Group, During the pilot, Pilot Securities in the change from interested persons. Inc., on behalf of BATS Exchange, Inc., control group will be quoted at the current tick size increment of $0.01 per I. Self-Regulatory Organization’s BATS Y-Exchange, Inc., Chicago Stock Exchange, Inc., EDGA Exchange, Inc., share and will trade at the currently Statement of the Terms of Substance of permitted increments. Pilot Securities in the Proposed Rule Change EDGX Exchange, Inc., Financial Industry Regulatory Authority, Inc. the first test group (‘‘Test Group One’’) Pursuant to the provisions of section (‘‘FINRA’’), NASDAQ OMX BX, Inc., will be quoted in the $0.05 minimum 19(b)(1) under the Securities Exchange NASDAQ OMX PHLX LLC, the Nasdaq increments but will continue to trade at Act of 1934 (‘‘Act’’), and Rule 19b–4 Stock Market LLC, New York Stock any price increment that is currently thereunder, Investors Exchange LLC Exchange LLC (‘‘NYSE’’), NYSE MKT permitted.14 Pilot Securities in the (‘‘IEX’’ or ‘‘Exchange’’) is filing with the LLC, and NYSE Arca, Inc. (collectively second test group (‘‘Test Group Two’’) Securities and Exchange Commission ‘‘Participants’’), filed with the will be quoted in $0.05 minimum (‘‘Commission’’) a proposed rule change Commission, pursuant to section 11A of increments and will trade at $0.05 to amend Rule 11.340, which is the Act 4 and Rule 608 of Regulation minimum increments subject to a currently reserved, to implement the NMS thereunder,5 the Plan to midpoint exception, a retail investor Regulation NMS Plan to Implement a Implement a Tick Size Pilot Program order exception, and a negotiated trade Tick Size Pilot Program (‘‘Plan’’). (‘‘Pilot’’).6 The Participants filed the exception.15 Pilot Securities in the third Specifically, the Exchange proposes to Plan to comply with an order issued by test group (‘‘Test Group Three’’) will be adopt Rule 11.340(b) to set forth the the Commission on June 24, 2014.7 The subject to the same quoting and trading requirements for the collection and Plan 8 was published for comment in the increments as Test Group Two and also transmission of data pursuant to Federal Register on November 7, 2014, Appendices B and C of the Plan. The and approved by the Commission, as 2015) (File No. 4–657) (Order Granting Exemption from Compliance with the National Market System proposed rule change is substantially 9 modified, on May 6, 2015. On Plan to Implement a Tick Size Pilot Program). similar to proposed rule changes November 6, 2015, the Commission 11 An IEX Member is ‘‘. . . any registered broker recently approved or published by the granted the Participants an exemption or dealer that has been admitted to membership in Commission for the Bats BZX Exchange, from implementing the Plan until the Exchange. A Member will have the status of a Inc. f/k/a BATS Exchange, Inc. (‘‘BZX’’) 10 Member of the Exchange as that term is defined in October 3, 2016. An amendment to the Section 3(a)(3) of the Act. Membership may be to adopt BZX Rule 11.27(b) which also granted to a sole proprietor, partnership, sets forth requirements for the collection 4 15 U.S.C. 78k-1 corporation, limited liability company, or other and transmission of data pursuant to 5 17 CFR 242.608. organization that is a registered broker or dealer Appendices B and C of the Plan. The 6 See Letter from Brendon J. Weiss, Vice pursuant to Section 15 of the Act, and which has Exchange has designated this proposal President, Intercontinental Exchange, Inc., to been approved by the Exchange.’’ See IEX Rule Secretary, Commission, dated August 25, 2014. 1.160(s). as a ‘‘non-controversial’’ proposed rule 7 See Securities Exchange Act Release No. 72460 12 The Exchange proposes Supplementary change pursuant to section 19(b)(3)(A) (June 24, 2014), 79 FR 36840 (June 30, 2014). Material .01 to Rule 11.340 to provide that the Rule of the Act and provided the Commission 8 Unless otherwise specified, capitalized terms shall be in effect during a pilot period to coincide with the notice required by Rule 19b– used in this rule filing are based on the defined with the pilot period for the Plan (including any extensions to the pilot period for the Plan). 4(f)(6)(iii) under the Act. The text of the terms of the Plan. 9 See Securities Exchange Act Release No. 74892 13 See Section V of the Plan for identification of (May 6, 2015), 80 FR 27513 (May 13, 2015) (File No. Pilot Securities, including criteria for selection and 1 15 U.S.C. 78s(b)(1). 4–657) (‘‘Approval Order’’). grouping. 2 15 U.S.C. 78a. 10 See Securities Exchange Act Release No. 76382 14 See Section VI(B) of the Plan. 3 17 CFR 240.19b–4. (November 6, 2015), 80 FR 70284 (November 13, 15 See Section VI(C) of the Plan.

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will be subject to the ‘‘Trade-at’’ shares executed within specific time that are reasonably designed to comply requirements to prevent price matching increments, e.g., from 30 seconds to less with the data collection and by a market participant that is not than 60 seconds after the time of order transmission requirements of Items I displaying at a Trading Center’s ‘‘Best receipt. This information shall be and II to Appendix B of the Plan, and Protected Bid’’ or ‘‘Best Protected categorized by security, order type, a Member that is a Market Maker 24 shall Offer,’’ unless an enumerated exception original order size, hidden status, and establish, maintain and enforce written applies.16 In addition to the exceptions coverage under Rule 605.22 Appendix policies and procedures that are provided under Test Group Two, an B.I of the Plan also contains additional reasonably designed to comply with the exception for Block Size orders and requirements for market orders and data collection and transmission exceptions that mirror those under Rule marketable limit orders, including the requirements of Item IV of Appendix B 611 of Regulation NMS 17 will apply to share-weighted average spread for of the Plan and Item I of Appendix C of the Trade-at requirement. executions of orders; the cumulative the Plan. In approving the Plan, the number of shares of orders executed Proposed Rule 11.340(b)(2) provides Commission noted that the Trading with price improvement; and, for shares that the Exchange shall collect and Center data reporting requirements executed with price improvement, the transmit to the SEC the data described would facilitate an analysis of the share-weighted average amount per in Items I and II of Appendix B of the effects of the Pilot on liquidity (e.g., share that prices were improved. Plan relating to trading activity in Pre- transaction costs by order size), Appendix B.II of the Plan (Market and Pilot Securities and Pilot Securities on execution quality (e.g., speed of order Marketable Limit Order Data) requires a Trading Center operated by the executions), market maker activity, Trading Centers to submit information Exchange. The Exchange shall transmit competition between trading venues relating to market orders and marketable such data to the SEC in a pipe delimited (e.g., routing frequency of market limit orders, including the time of order format, on a disaggregated basis by orders), transparency (e.g., choice receipt, order type, the order size, the Trading Center, within 30 calendar days between displayed and hidden orders), National Best Bid and National Best following month end for: (i) Each Pre- and market dynamics (e.g., rates and Offer (‘‘NBBO’’) quoted price, the NBBO Pilot Data Collection Security for the speed of order cancellations).18 The quoted depth, the average execution period beginning six months prior to the Commission noted that Market Maker price-share-weighted average, and the Pilot Period through the trading day profitability data would assist the average execution time-share-weighted immediately preceding the Pilot Period; Commission in evaluating the effect, if average. and (ii) each Pilot Security for the any, of a widened tick increment on The Plan requires Appendix B.I and period beginning on the first day of the market maker profits and any B.II data to be submitted by Participants Pilot Period through six months after corresponding changes in the liquidity that operate a Trading Center, and by the end of the Pilot Period. The of small-capitalization securities.19 members of the Participants that operate Exchange also shall make such data Trading Centers. The Plan provides that publicly available on the Exchange Web Compliance With the Data Collection each Participant that is a Designated site on a monthly basis at no charge and Requirements of the Plan Examining Authority (‘‘DEA’’) for a will not identify the Member that The Plan contains requirements for member of the Participant that operates generated the data. collecting and transmitting data to the a Trading Center shall collect such data On June 17, 2016 the Commission Commission and to the public.20 in a pipe delimited format, beginning granted to IEX an application for Specifically, Appendix B.I of the Plan six months prior to the Pilot Period and registration as a national securities (Market Quality Statistics) requires ending six months after the end of the exchange under section 6 of the Act.25 Trading Centers 21 to submit a variety of Pilot Period. The Plan also requires the IEX intends to launch exchange market quality statistics, including Participant, operating as DEA, to operations during a security-by-security information about an order’s original transmit this information to the SEC phase-in period scheduled to begin on size, whether the order was displayable within 30 calendar days following August 19, 2016. During the phase-in or not, the cumulative number of orders, month end. period, securities will transition from the cumulative number of shares of The Exchange is therefore proposing being available for trading on the orders, and the cumulative number of Rule 11.340(b) to set forth the Alternative Trading System operated by requirements for the collection and the Exchange’s affiliate IEX Services 16 See Section VI(D) of the Plan. transmission of data pursuant to LLC (‘‘IEX ATS’’), to the Exchange. 17 17 CFR 242.611. Appendices B and C of the Plan. Once a security becomes available for 18 See Approval Order, 80 FR at 27543. Proposed Rule 11.340(b) is substantially trading on the Exchange it will no 19 Id. similar to proposed rule changes of BZX longer be available for trading on the 20 The Exchange is also required by the Plan to that were recently approved or 26 establish, maintain, and enforce written policies IEX ATS. The IEX ATS currently and procedures that are reasonably designed to published by the Commission to adopt reports data for Pilot Securities to comply with applicable quoting and trading BZX Rule 11.27(b) which also sets forth FINRA pursuant to FINRA Rule 6191(b). requirements specified in the Plan. The Exchange requirements for the collection and During the phase-in period, the IEX ATS intends to separately propose rules that would transmission of data pursuant to will continue to report data to FINRA require compliance by its Members with the 23 applicable quoting and trading requirements Appendices B and C of the Plan. specified in the Plan, and has reserved paragraph Proposed Rule 11.340(b)(1) requires 24 The Plan defines a Market Maker as ‘‘a dealer (a) for such rules. that a Member that operates a Trading registered with any self-regulatory organization, in 21 The Plan incorporates the definition of a Center shall establish, maintain and accordance with the rules thereof, as (i) a market maker or (ii) a liquidity provider with an obligation ‘‘Trading Center’’ from Rule 600(b)(78) of enforce written policies and procedures Regulation NMS. Regulation NMS defines a to maintain continuous, two-sided trading interest.’’ ‘‘Trading Center’’ as ‘‘a national securities exchange 25 See Securities Exchange Act Release No. 34– or national securities association that operates an 22 17 CFR 242.605. 78101 (June 17, 2016), 81 FR 41141 (June 23, 2016) SRO trading facility, an alternative trading system, 23 See Securities Exchange Act Release Nos. (File No. 10–222). an exchange market maker, an OTC market maker, 77105 (February 10, 2016), 81 FR 8112 (February 26 See, https://iextrading.com/trading/alerts/ or any other broker or dealer that executes orders 17, 2016) (order approving SR–BATS–2015–102); 2016/028/#exchange-transition for detailed internally by trading as principal or crossing orders and 77310 (March 7, 2016) (notice for comment and information on the transition from the IEX ATS to as agent.’’ See 17 CFR 242.600(b). immediate effectiveness of SR–BATS–2016–27). Exchange.

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for Pilot Securities that have not yet of the Plan on behalf of the Participants. modified by Paragraph (b)(5) with transitioned to the Exchange. Data for For Market Makers for which it is the respect to executions in Pilot Securities Pilot Securities that have transitioned to DEA, FINRA issued a Market Maker that have settled or reached settlement the Exchange will be reported to the Transaction Data Technical date that were executed on any Trading SEC pursuant to IEX Rule 11.340(b), as Specification to collect data on Pre-Pilot Center. The proposed rule also requires proposed. Accordingly, reporting for Data Collection Securities and Pilot Members to provide such data in a Pilot Securities will take place as Securities from Trading Centers to format required by their DEA by 12 p.m. appropriate based on each Pilot comply with the Plan’s data collection EST on T+4 for executions during and Security’s status as either available for requirements.27 outside of Regular Trading Hours in trading on the IEX ATS or the Exchange. Proposed Rule 11.340(b)(3)(C) each: (i) Pre-Pilot Data Collection Appendix B.IV (Daily Market Maker provides that the Exchange shall Security for the period beginning six Participation Statistics) requires a transmit the data collected by the DEA months prior to the Pilot Period through Participant to collect data related to or FINRA pursuant to Rule the trading day immediately preceding Market Maker participation from each 11.340(b)(3)(A) and (B) above relating to the Pilot Period; and (ii) Pilot Security Market Maker engaging in trading Market Maker activity on a Trading for the period beginning on the first day activity on a Trading Center operated by Center operated by the Exchange to the of the Pilot Period through six months the Participant. The Exchange is SEC in a pipe delimited format within after the end of the Pilot Period. therefore proposing Rule 11.340(b)(3) to 30 calendar days following month end. For the same reasons set forth above gather data about a Market Maker’s The Exchange shall also make such data for subparagraph (b)(3)(B) to Rule participation in Pilot Securities and Pre- publicly available on the Exchange Web 11.340, the Exchange proposes to adopt Pilot Data Collection Securities. site on a monthly basis at no charge and subparagraph (b)(4)(B) to Rule 11.340 to Proposed Rule 11.340(b)(3)(A) provides shall not identify the Trading Center require a Member that is a Market Maker that a Member that is a Market Maker that generated the data. whose DEA is not a Participant to the shall collect and transmit to their DEA Appendix C.I (Market Maker Plan to transmit the data collected data relating to Item IV of Appendix B Profitability) requires a Participant to pursuant to paragraph (4)(A) of Rule of the Plan with respect to activity collect data related to Market Maker 11.340(b) to FINRA. As stated above, conducted on any Trading Center in profitability from each Market Maker for FINRA is a Participant to the Plan and Pilot Securities and Pre-Pilot Data which it is the DEA. Specifically, the is to collect data relating to Item I of Collection Securities in furtherance of Participant is required to collect the Appendix C of the Plan on behalf of the its status as a registered Market Maker, total number of shares of orders Participants. For Market Makers for including a Trading Center that executes executed by the Market Maker; the raw which it is the DEA, FINRA issued a trades otherwise than on a national Market Maker realized trading profits, Market Maker Transaction Data securities exchange, for transactions that and the raw Market Maker unrealized Technical Specification to collect data have settled or reached settlement date. trading profits. Data shall be collected on Pre-Pilot Data Collection Securities The proposed rule requires Market for dates starting six months prior to the and Pilot Securities from Trading Makers to transmit such data in a format Pilot Period through six months after Centers to comply with the Plan’s data required by their DEA, by 12:00 p.m. the end of the Pilot Period. This data collection requirements.28 EST on T+4 for: (i) Transactions in each shall be collected on a monthly basis, to The Exchange is also adopting a rule Pre-Pilot Data Collection Security for be provided in a pipe delimited format setting forth the manner in which the period beginning six months prior to to the Participant, as DEA, within 30 Market Maker participation will be the Pilot Period through the trading day calendar days following month end. calculated. Item III of Appendix B of the immediately preceding the Pilot Period; Appendix C.II (Aggregated Market Plan requires each Participant that is a and (ii) for transactions in each Pilot Maker Profitability) requires the national securities exchange to collect Security for the period beginning on the Participant, as DEA, to aggregate the daily Market Maker registration first day of the Pilot Period through six Appendix C.I data, and to categorize statistics categorized by security, months after the end of the Pilot Period. this data by security as well as by the including the following information: (i) The Exchange understands that some control group and each Test Group. That Ticker symbol; (ii) the Participant Members may have a DEA that is not a aggregated data shall contain exchange; (iii) number of registered Participant to the Plan and that such information relating to total raw Market market makers; and (iv) the number of non-Participant DEA would not be Maker realized trading profits, volume- other registered liquidity providers. subject to the Plan’s data collection weighted average of raw Market Maker Therefore, the Exchange proposes to requirements. In such case, a DEA that realized trading profits, the total raw adopt Rule 11.340(b)(5) providing that is not a Participant of the Plan would Market Maker unrealized trading profits, the Exchange shall collect and transmit not be required to collect the required and the volume-weighted average of to the SEC the data described in Item III data and may not establish procedures Market Maker unrealized trading profits. of Appendix B of the Plan relating to for those Members for which it acts as The Exchange is therefore proposing daily Market Maker registration DEA to report the data required under Rule 11.340(b)(4) to set forth the statistics in a pipe delimited format subparagraphs (b)(3)(A) of Rule 11.340 requirements for the collection and within 30 calendar days following and in accordance with Item IV of transmission of data pursuant to month end for: (i) Transactions in each Appendix B of the Plan. Therefore, the Appendix C.I of the Plan. Proposed Rule Pre-Pilot Data Collection Security for Exchange proposes to adopt 11.340(b)(4)(A) requires that a Member the period beginning six months prior to subparagraph (b)(3)(B) to Rule 11.340 to that is a Market Maker shall collect and the Pilot Period through the trading day require a Member that is a Market Maker transmit to their DEA the data described immediately preceding the Pilot Period; whose DEA is not a Participant to the in Item I of Appendix C of the Plan, as and (ii) transactions in each Pilot Plan to transmit the data collected Security for the period beginning on the pursuant to paragraph (3)(A) of Rule 27 FINRA members for which FINRA is their DEA first day of the Pilot Period through six 11.340(b) to FINRA, which is a should refer to the Market Maker Transaction Technical Specification on the FINRA Web site at months after the end of the Pilot Period. Participant to the Plan and will collect http://www.finra.org/sites/default/files/market- data relating to Item IV of Appendix B maker-transaction-data-tech-specs.pdf. 28 Id.

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The Exchange notes that, as of the date Volatility.31 Pursuant to the Limit-Up better identify orders in securities that of this filing, it does not have any Limit-Down Plan, between 9:30 a.m. may trade in a foreign market, as such registered Market Makers and therefore and 4:00 p.m., the Securities orders that were routed to foreign will not have daily Market Maker Information Processor (‘‘SIP’’) calculates venues would not be subject to the registration statistics to collect or a lower price band and an upper price Plan’s quoting and trading transmit to the SEC or to FINRA band for each NMS stock. These price requirements, and could otherwise pursuant to Item III of Appendix B of bands represent a specified percentage compromise the integrity of the data. the Plan unless and until such time as above or below the stock’s reference Supplementary Material .04 relates to it has registered Market Makers. price, which generally is calculated the time ranges specified in Appendix The Exchange is also proposing, based on reported transactions in that B.I.a(14), B.I.a(15), B.I.a(21) and through Supplementary Material, to stock over the preceding five minutes. B.I.a(22).32 The Exchange and the other clarify other aspects of the data When one side of the market for an Participants have determined that it is collection requirements.29 Proposed individual security is outside the appropriate to change the reporting Supplementary Material .02 relates to applicable price band, the SIP identifies times in these provisions to require the use of the retail investor order flag that quotation as non-executable. When more granular reporting for these for purposes of Appendix B.II(n) the other side of the market reaches the categories. Accordingly, the Exchange reporting. The Plan currently states that applicable price band (e.g., the offer proposes to add Appendix B.I.a(14A), market and marketable limit orders shall reaches the lower price band), the which will require Trading Centers to include a ‘‘yes/no’’ field relating to the security enters a Limit State. The stock report the cumulative number of shares Retail Investor Order flag. The Exchange would exit a Limit State if, within 15 of orders executed from 100 is proposing Supplementary Material seconds of entering the Limit State, all microseconds to less than 1 millisecond .02 to clarify that, for purposes of the Limit State Quotations were executed or after the time of order receipt. Appendix reporting requirement in Appendix canceled in their entirety. If the security B.I.a(15) will be changed to require the B.II(n), a Trading Center shall report ‘‘y’’ does not exit a Limit State within 15 cumulative number of shares of orders to their DEA where it is relying upon seconds, then the primary listing executed from 1 millisecond to less than the Retail Investor Order exception to exchange declares a five-minute trading 100 milliseconds after the time of order Test Groups Two and Three, and ‘‘n’’ for pause, which would be applicable to all receipt. The Exchange also proposes to all other instances.30 The Exchange markets trading the security. add Appendix B.I.a(21A), which will believes that requiring the identification The Exchange and the other require Trading Centers to report the of a Retail Investor Orders only where Participants have determined that it is cumulative number of shares of orders the exception may apply (i.e., Pilot appropriate to create a new flag for canceled from 100 microseconds to less Securities in Test Groups Two and reporting orders that are affected by the than 1 millisecond after the time of Three) is consistent with Appendix Limit-Up Limit-Down bands. order receipt. Appendix B.I.a(22) will be B.II(n). Accordingly, a Trading Center shall changed to require the cumulative Supplementary Material .03 requires report a value of ‘‘Y’’ to their DEA when number of shares of orders canceled that Members populate a field to the ability of an order to execute has from 1 millisecond to less than 100 identify to their DEA whether an order been affected by the Limit-Up Limit- milliseconds after the time of order is affected by the bands in place Down bands in effect at the time of receipt. The Exchange believes that pursuant to the National Market System order receipt. A Trading Center shall these new reporting requirements will Plan to Address Extraordinary Market report a value of ‘‘N’’ to their DEA when contribute to a meaningful analysis of the ability of an order to execute has not the Pilot by producing more granular 33 29 The Exchange is also proposing Supplementary been affected by the Limit-Up Limit- data on these points. Material .01 to Rule 11.340 to clarify that certain Down bands in effect at the time of Supplementary Material .05 relates to enumerated terms used throughout Rule 11.340 order receipt. the relevant measurement for purposes shall have the same meaning as set forth in the Plan. Supplementary Material .03 also of Appendix B.I.a(31)–(33) reporting. 30 FINRA, on behalf of the Plan Participants at the time submitted a letter to the Commission requires, for securities that may trade in Currently, the Plan states that this data requesting exemption from certain provisions of the a foreign market, that the Participant shall be reported as of the time of order Plan related to data collection. See letter from indicate whether the order was handled execution. The Exchange and the other Marcia E. Asquith, Senior Vice President and domestically, or routed to a foreign Participants believe that this Corporate Secretary, FINRA dated December 9, venue. Accordingly, the Participant will information should more properly be 2015 to Robert W. Errett, Deputy Secretary, Commission (‘‘Exemption Request’’). The indicate, for purposes of Appendix B.I, captured at the time of order receipt as Commission, pursuant to its authority under Rule whether the order was: (1) Fully 608(e) of Regulation NMS, granted BZX, as of executed domestically, or (2) fully or 32 Specifically, Appendix B.I.a(14) requires February 10, 2016, a limited exemption from the partially executed on a foreign market. reporting of the cumulative number of shares of requirement to comply with certain provisions of orders executed from 0 to less than 100 the Plan as specified in the letter and noted herein. For purposes of Appendix B.II, the microseconds after the time of order receipt; See e.g., letter from David Shillman, Associate Participant will classify all orders in Appendix B.I.a(15) requires reporting of the Director, Division of Trading and Markets, dually-listed Pilot and Pre-Pilot cumulative number of shares of orders executed Commission to Eric Swanson, General Counsel, Securities as: (1) Directed to a domestic from 100 microseconds to less than 100 BZX, dated February 10, 2016 (‘‘Exemption Letter’’). milliseconds after the time of order receipt; On April 4, 2016, the Commission granted the venue for execution; (2) may only be Appendix B.I.a(21) requires reporting of the National Stock Exchange, Inc. (‘‘NSX’’), which was directed to a foreign venue for cumulative number of shares of orders cancelled not a Plan Participant as of February 10, 2016, execution; or (3) was fully or partially from 0 to less than 100 microseconds after the time comparative limited exemption from such directed to a foreign venue at the of order receipt; and appendix B.I.a(22) requires requirements. See, letter from John C. Roeser, reporting of the cumulative number of shares of Associate Director, Division of Trading and discretion of the Member. The Exchange orders cancelled from 100 microseconds to less Markets, Commission to James Buckley, Chief believes that this proposed flag will than 100 milliseconds after the time of order Regulatory Officer, NSX, dated April 4, 2016. IEX receipt. was not a Plan Participant at the time that such 31 See National Market System Plan to Address 33 On February 10, 2016, the Commission granted exemptions were requested or granted and Extraordinary Market Volatility, Securities BZX an exemption from Rule 608(c) related to this respectfully requests that the Commission grant to Exchange Act Release No. 67091 (May 31, 2012), 77 provision. See Exemption Letter, supra, note 30. it the same exemptions that the Commission FR 33498 (June 6, 2012) (File No. 4–631) (‘‘Limit- IEX requests that the Commission grant to it this granted to the other Plan Participants. Up Limit-Down Plan’’). same exemption.

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evaluating share-weighted average limited purposes. Specifically, The Exchange is proposing that, for purposes prices at the time of order receipt is Exchange and the other Participants of Item I of Appendix C, the Participants more consistent with the goal of believe that a Member that only shall calculate daily Market Maker observing the effect of the Pilot on the executes orders otherwise than on a realized profitability statistics for each liquidity of Pilot Securities. The national securities exchange for the trading day on a daily LIFO basis using Exchange is therefore proposing to make purpose of: (1) Correcting a bona fide reported trade price and shall include this change through Supplementary error related to the execution of a only trades executed on the subject Material .05.34 This change will make customer order; (2) purchasing a trading day. The daily LIFO calculation these provisions consistent with the security from a customer at a nominal shall not include any positions carried remainder of the statistics in Appendix price solely for purposes of liquidating over from previous trading days. For B.I.a, which are all based on order the customer’s position; or (3) purposes of Item I.c of Appendix C, the receipt. completing the fractional share portion Participants shall calculate daily Market Supplementary Material .06 addresses of an order 36 shall not be deemed a Maker unrealized profitability statistics the status of not-held and auction orders Trading Center for purposes of for each trading day on an average price for purposes of Appendix B.I reporting. Appendix B to the Plan. The Exchange basis. Specifically, the Participants must Currently, Appendix B.I sets forth eight is therefore proposing Supplementary calculate the volume weighted average categories of orders, including market Material .09 to make this clarification. price of the excess (deficit) of buy orders, marketable limit orders, and The Exchange is proposing volume over sell volume for the current inside-thequote resting limit orders, for Supplementary Material .08 to clarify trading day using reported trade price. which daily market quality statistics that, for purposes of the Plan, Trading The gain (loss) of the excess (deficit) of must be reported. Currently, Appendix Centers must begin the data collection buy volume over sell volume shall be B.I does not provide a category for not required pursuant to Appendix B.I.a(1) determined by using the volume held orders, clean cross orders, auction through B.II.(y) of the Plan and Item I of weighted average price compared to the orders, or orders received when the Appendix C of the Plan on April 4, closing price of the security as reported NBBO is crossed. The Exchange and the 2016. While the Exchange or the by the primary listing exchange. In other Participants have determined that Member’s DEA will provide the reporting unrealized trading profits, the it is appropriate to include separate information required by Appendix B Participant shall also report the number categories for both not held orders and and C of the Plan during the Pilot of excess (deficit) shares held by the auction orders for purposes of Appendix Period, the requirement that the Market Maker, the volume weighted B reporting. The Exchange is therefore Exchange or their DEA provide average price of that excess (deficit) and proposing Supplementary Material .06 information to the SEC within 30 days the closing price of the security as to provide that not held orders shall be following month end and make such reported by the primary listing exchange included as an order type for purposes data publicly available on its Web site used in reporting unrealized profit.39 of Appendix B reporting, and shall be pursuant to Appendix B and C shall Finally, the Exchange is proposing assigned the number (18). Clean cross commence six months prior to the Supplementary Material .10 to address orders shall be included as an order beginning of the Pilot Period.37 the securities that will be used for data type for purposes of Appendix B The Exchange is proposing collection purposes prior to the reporting, and shall be assigned the Supplementary Material .09 to address commencement of the Pilot. The number (19); auction orders shall be the requirement in Appendix C.I(b) of Exchange and the other Participants included an as order type for purposes the Plan that the calculation of raw have determined that it is appropriate to of Appendix B reporting, and shall be Market Maker realized trading profits collect data for a group of securities that assigned the number (20); 35 and orders utilize a last in, first out (‘‘LIFO’’)-like is larger, and using different that cannot otherwise be classified, method to determine which share prices quantitative thresholds, than the group including, for example, orders received shall be used in that calculation. The of securities that will be Pilot Securities. when the NBBO is crossed shall be Exchange and the other Participants The Exchange is therefore proposing included as an order type for purposes believe that it is more appropriate to Supplementary Material .09 to define of Appendix B reporting, and shall be utilize a methodology that yields LIFO- ‘‘Pre-Pilot Data Collection Securities’’ as assigned the number (21). All of these like results, rather than utilizing a LIFO- the securities designated by the orders already are included in the scope like method, and the Exchange is Participants for purposes of the data therefore proposing Supplementary of Appendix B; however, without this collection requirements described in Material .09 to make this change.38 The proposed change, these order types Items I, II and IV of Appendix B and would be categorized with other orders, Item I of Appendix C of the Plan for the 36 The Exchange notes that where a Member period beginning six months prior to the such as regular held orders, that should purchases a fractional share from a customer, the be able to be fully executed upon Trading Center that executes the remaining whole receipt, which would compromise the shares of that customer order would be subject to number of shares of orders executed by the Market Maker; (2) raw Market Maker realized trading value of this data. Appendix B of the Plan. 37 In the Approval Order, the SEC noted that the profits, which is the difference between the market The Exchange is proposing Pilot shall be implemented within one year of the value of Market Maker shares and the market value Supplementary Material .07 to clarify date of publication, i.e., by May 6, 2016. See of Market Maker purchases, using a LIFO-like the scope of the Plan as it relates to Approval Order, 80 FR at 27545. The SEC method; and (3) raw Market Maker unrealized Members that only execute orders subsequently extended the implementation date trading profits, which is the difference between the approximately five months to October 3, 2016. See purchase or sale price of the end-of-day inventory supra, note 9. See also Letter dated November 4, position of the Market Maker and the Closing Price. 34 On February 10, 2016, the Commission granted 2015 from Brendon J. Weiss, Co-Head, Government In the case of a short position, the Closing Price BZX an exemption from Rule 608(c) related to this Affairs, Intercontinental Exchange/NYSE, to Brent J. from the sale will be subtracted; in the case of a provision. See Exemption Letter, supra, note 30. Fields, Secretary, Commission (requesting the data long position, the purchase price will be subtracted IEX requests that the Commission grant to it this collection period be extended until six months after from the Closing Price. same exemption. the requisite SRO rules are approved, and the 39 The Commission granted BZX, as of February 35 The Exchange notes that, as of the date of this implementation date of the Tick Size Pilot until six 10, 2016, an exemption from Rule 608(c) related to filing, it does not offer order types specifically months thereafter). this provision. See Exemption Letter, supra, note defined as ‘‘not held,’’ ‘‘clean cross,’’ or ‘‘auction 38 Appendix C.I currently requires Market Maker 30. IEX requests that the Commission grant to it this order.’’ profitability statistics to include (1) the total same exemption.

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Pilot Period and ending on the trading capitalization companies, and was shorter time if such action is consistent day immediately preceding the Pilot therefore in furtherance of the purposes with the protection of investors and the Period. The Participants shall compile of the Act. The Exchange believes that public interest. The Exchange has asked the list of Pre-Pilot Data Collection this proposal is in furtherance of the the Commission to waive the 30-day Securities by selecting all NMS stocks objectives of the Plan, as identified by operative delay. The Commission with a market capitalization of $5 the SEC, and is therefore consistent with believes that waiver of the operative billion or less, a Consolidated Average the Act because the proposal delay is consistent with the protection Daily Volume (CADV) of 2 million implements and clarifies the of investors and the public interest shares or less and a closing price of $1 requirements of the Plan and applies because it would allow the Exchange to per share or more. The market specific obligations to Members in implement the proposed rule change to capitalization and the closing price furtherance of compliance with the coincide with IEX’s intent to launch thresholds shall be applied to the last Plan. exchange operations during a security- day of the Pre-Pilot measurement by-security phase-in period scheduled B. Self-Regulatory Organization’s period, and the CADV threshold shall be to begin on August 19, 2016. Therefore, Statement on Burden on Competition applied to the duration of the Pre-Pilot the Commission hereby waives the measurement period. The Pre-Pilot IEX does not believe that the operative delay and designates the measurement period shall be the three proposed rule change will result in any proposal operative upon filing.46 calendar months ending on the day burden on competition that is not At any time within 60 days of the when the Pre-Pilot Data Collection necessary or appropriate in furtherance filing of the proposed rule change, the Securities are selected. The Pre-Pilot of the purposes of the Act. The Commission summarily may Data Collection Securities shall be Exchange notes that the proposed rule temporarily suspend such rule change if selected thirty days prior to the change implements the provisions of the it appears to the Commission that such commencement of the six-month Pre- Plan, and is designed to assist the action is necessary or appropriate in the Pilot Period. On the trading day that is Exchange in meeting its regulatory public interest, for the protection of the first trading day of the Pilot Period obligations pursuant to the Plan. The investors, or otherwise in furtherance of through six months after the end of the Exchange also notes that the data the purposes of the Act. If the Pilot Period, the data collection collection requirements for Members Commission takes such action, the requirements will become applicable to that operate Trading Centers will apply Commission shall institute proceedings the Pilot Securities only. A Pilot equally to all such Members, as will the to determine whether the proposed rule Security will only be eligible to be data collection requirements for Market change should be approved or included in a Test Group if it was a Makers. disapproved. PrePilot Security. C. Self-Regulatory Organization’s IV. Solicitation of Comments Implementation Date Statement on Comments on the Interested persons are invited to Proposed Rule Change Received From submit written data, views, and The proposed rule change will be Members, Participants or Others effective to coincide with IEX’s launch arguments concerning the foregoing, of exchange operations during a Written comments were neither including whether the proposed rule security-by-security phase-in period. solicited nor received. change is consistent with the Act. Comments may be submitted by any of 2. Statutory Basis III. Date of Effectiveness of the Proposed Rule Change and Timing for the following methods: IEX believes that the proposed rule Commission Action Electronic Comments change is consistent with the provisions of section 6 of the Act,40 in general and Because the proposed rule change • Use the Commission’s Internet furthers the objectives of sections 6(b)(5) does not (i) significantly affect the comment form (http://www.sec.gov/ of the Act 41 in particular, in that it is protection of investors or the public rules/sro.shtml); or • designed to promote just and equitable interest; (ii) impose any significant Send an email to rule-comments@ principles of trade, to foster cooperation burden on competition; and (iii) become sec.gov. Please include File Number SR– and coordination with persons engaged operative for 30 days from the date on IEX–2016–07 on the subject line. which it was filed, or such shorter time in facilitating transactions in securities, Paper Comments to remove impediments to and perfect as the Commission may designate, it has • Send paper comments in triplicate the mechanism of a free and open become effective pursuant to section 42 to Secretary, Securities and Exchange market and a national market system 19(b)(3)(A) of the Act and Rule 19b– 43 Commission, 100 F Street NE., and, in general, to protect investors and 4(f)(6) thereunder. A proposed rule change filed Washington, DC 20549–1090. the public interest. pursuant to Rule 19b–4(f)(6) under the All submissions should refer to File The Exchange believes that this 44 proposal is consistent with the Act Act normally does not become Number SR–IEX–2016–07. This file operative for 30 days after the date of its number should be included on the because it implements and clarifies the 45 provisions of the Plan, and is designed filing. However, Rule 19b–4(f)(6)(iii) subject line if email is used. To help the to assist the Exchange in meeting its permits the Commission to designate a Commission process and review your regulatory obligations pursuant to the comments more efficiently, please use 42 Plan. In approving the Plan, the SEC 15 U.S.C. 78s(b)(3)(A). only one method. The Commission will 43 17 CFR 240.19b–4(f)(6). As required under Rule post all comments on the Commission’s noted that the Pilot was an appropriate, 19b–4(f)(6)(iii), the Exchange provided the data-driven test that was designed to Commission with written notice of its intent to file Internet Web site (http://www.sec.gov/ evaluate the impact of wider tick size on the proposed rule change, along with a brief rules/sro.shtml). Copies of the trading, liquidity, and the market description and the text of the proposed rule change, at least five business days prior to the date 46 quality of securities of smaller For purposes only of waiving the 30-day of filing of the proposed rule change, or such operative delay, the Commission has also shorter time as designated by the Commission. considered the proposed rule’s impact on 40 15 U.S.C. 78f(b). 44 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See 41 15 U.S.C. 78f(b)(5). 45 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f).

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submission, all subsequent B’’), and Allianz Life of NY Variable Variable Insurance Products Trust, 5701 amendments, all written statements Account C (‘‘Allianz Account C’’) Golden Hills Drive, Minneapolis, MN with respect to the proposed rule (collectively, the ‘‘Separate Accounts’’ 55416–1297. change that are filed with the and together with the Insurance FOR FURTHER INFORMATION CONTACT: Commission, and all written Company Applicants, the ‘‘Section 26 Barbara T. Heussler, Senior Counsel, at communications relating to the Applicants’’); and Allianz Variable (202) 551–6990 or Mary Kay Frech, proposed rule change between the Insurance Products Trust (the ‘‘VIP Branch Chief, at (202) 551–6821 (Chief Commission and any person, other than Trust’’ and collectively with the Section Counsel’s Office, Division of Investment those that may be withheld from the 26 Applicants, the ‘‘Section 17 Management). public in accordance with the Applicants’’). SUPPLEMENTARY INFORMATION: The provisions of 5 U.S.C. 552, will be SUMMARY OF APPLICATION: The following is a summary of the available for Web site viewing and Applicants seek an order pursuant to application. The complete application printing in the Commission’s Public section 26(c) of the Act, approving the may be obtained via the Commission’s Reference Room, 100 F Street NE., substitution of shares issued by certain Web site by searching for the file Washington, DC 20549, on official investment portfolios of registered number, or for an applicant using the business days between the hours of investment companies (the ‘‘Target Company name box, at http:// 10:00 a.m. and 3:00 p.m. Copies of the Funds’’) for the shares of certain www.sec.gov/search/search.htm, or by filing also will be available for investment portfolios of registered calling (202) 551–8090. inspection and copying at the principal investment companies (the ‘‘Destination office of the Exchange. All comments Funds’’), held by the Separate Accounts Applicants’ Representations received will be posted without change; to support certain variable life insurance 1. Allianz Life is a stock life insurance the Commission does not edit personal policies and variable annuity contracts company organized under the laws of identifying information from (the ‘‘Contracts’’) issued by Allianz Life the state of Minnesota. Allianz Life submissions. You should submit only and Allianz NY (the ‘‘Substitutions’’). offers fixed and variable annuities and information that you wish to make The Section 17 Applicants seek an order individual life insurance. Allianz Life is available publicly. All submissions pursuant to section 17(b) of the Act licensed to do direct business in 49 should refer to File Number SR–IEX– exempting them from section 17(a) of states and the District of Columbia. 2016–07, and should be submitted on or the Act to the extent necessary to permit Allianz Life is an indirect, wholly- before August 31, 2016. them to engage in certain in-kind owned subsidiary of Allianz SE., a transactions in connection with the European stock corporation. For the Commission, by the Division of 2. Allianz NY is a stock life insurance Trading and Markets, pursuant to delegated Substitutions. authority.47 FILING DATE: The application was filed company organized under the laws of the state of New York. Allianz NY offers Robert W. Errett, on November 16, 2015 and amended on June 27, 2016. fixed and variable annuities. Allianz NY Deputy Secretary. is licensed to do direct business in six [FR Doc. 2016–18912 Filed 8–9–16; 8:45 am] HEARING OR NOTIFICATION OF HEARING: An order granting the application will be states, including New York and the BILLING CODE 8011–01–P issued unless the Commission orders a District of Columbia. Allianz NY is a hearing. Interested persons may request wholly-owned subsidiary of Allianz Life, and an indirect, wholly-owned SECURITIES AND EXCHANGE a hearing by writing to the Secretary of the Commission and serving applicants subsidiary of Allianz SE. COMMISSION 3. Allianz Account A is a segregated with a copy of the request, personally or asset account of Allianz Life established [Release No. IC–32207; File No. 812–14580] by mail. Hearing requests should be under Minnesota insurance laws. received by the Commission by 5:30 Allianz Life Insurance Company of Allianz Account A is used to fund p.m. on August 26, 2016, and should be North America, et al; Notice of certain variable life insurance policies accompanied by proof of service on Application issued by Allianz Life. Allianz Account applicants in the form of an affidavit or, A is divided into a number of August 3, 2016. for lawyers, a certificate of service. subaccounts (each a ‘‘Subaccount’’), AGENCY: Securities and Exchange Pursuant to rule 0–5 under the Act, each of which invests in and reflects the Commission (‘‘Commission’’). hearing requests should state the nature investment performance of a specific ACTION: Notice of application for an of the requester’s interest, any facts underlying registered investment order approving the substitution of bearing upon the desirability of a company or portfolio thereof (each an certain securities pursuant to section hearing on the matter, the reason for the ‘‘Investment Option’’). Allianz Account 26(c) of the Investment Company Act of request, and the issues contested. A is registered as a unit investment trust 1940, as amended (‘‘Act’’) and an order Persons who wish to be notified of a under the Act. of exemption pursuant to section 17(b) hearing may request notification by 4. Allianz Account B is a segregated of the Act from section 17(a) of the Act. writing to Commission’s Secretary. asset account of Allianz Life established ADDRESSES: Secretary, U.S. Securities under Minnesota insurance laws. APPLICANTS: Allianz Life Insurance and Exchange Commission, 100 F Allianz Account B is used to fund Company of North America (‘‘Allianz Street, NE., Washington, DC 20549– certain variable annuity contracts issued Life’’) and Allianz Life Insurance 1090. Applicants: Allianz Life Insurance by Allianz Life. Allianz Account B is Company of New York (‘‘Allianz NY’’) Company of North America, Allianz Life divided into a number of Subaccounts, (together the ‘‘Insurance Company Variable Account A, and Allianz Life each of which invests in and reflects the Applicants’’); their respective separate Variable Account B, 5701 Golden Hills investment performance of a specific accounts, Allianz Life Variable Account Dr., Minneapolis, MN 55416–1297; Investment Option. Allianz Account B A (‘‘Allianz Account A’’), Allianz Life Allianz Life Insurance Company of New is registered as a unit investment trust Variable Account B (‘‘Allianz Account York, and Allianz Life of NY Variable under the Act. Account C, 28 Liberty Street, 38th Floor, 5. Allianz Account C is a segregated 47 17 CFR 200.30–3(a)(12). New York, NY 10005–1423; and Allianz asset account of Allianz NY established

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under New York insurance laws. the Separate Accounts that offer one or an Investment Option. The prospectuses Allianz Account C is used to fund more of the Target Funds as an or statements of additional information certain variable annuity contracts issued Investment Option. Under the Contracts, for the Contracts also contain by Allianz NY. Allianz Account C is the Insurance Company Applicants appropriate disclosure of these rights. reserve the right, subject to Commission divided into a number of Subaccounts, 7. Each Insurance Company each of which invests in and reflects the approval and compliance with Applicant, on behalf of itself and its investment performance of a specific applicable laws, to substitute one of the Separate Account(s), proposes to Investment Option. Allianz Account C Investment Options with another is registered as a unit investment trust Investment Option after appropriate substitute shares of the Target Funds under the Act. notice. Moreover, the Contracts permit that are held in Subaccounts of their 6. Allianz Life and Allianz NY have the Insurance Company Applicants to Separate Accounts with shares of the registration statements with the limit allocation of purchase payments to corresponding Destination Funds, as Commission for Contracts sponsored by one or more Subaccounts that invest in shown in the table below.

Substitution target fund Destination fund

1. Invesco V.I. International Growth Fund Series1 ...... AZL International Index Fund Class 1. 2. Oppenheimer Global Fund/VA Non-Service Shares ...... AZL International Index Fund Class 1. 3. SP International Growth Portfolio Class II ...... AZL International Index Fund Class 2. 4. Templeton Foreign VIP Fund Class 1 ...... AZL International Index Fund Class 1. Templeton Foreign VIP Fund Class 2 ...... AZL International Index Fund Class 2. 5. Alger MidCap Growth Portfolio Class 1 ...... AZL Mid Cap Index Fund Class 1. 6. Franklin Small-Mid Cap Growth VIP Fund Class 1 ...... AZL Mid Cap Index Fund Class 1. Franklin Small-Mid Cap Growth VIP Fund Class 2 ...... AZL Mid Cap Index Fund Class 2 . 7. Franklin Global Real Estate VIP Fund Class 1 ...... AZL Morgan Stanley Global Real Estate Fund Class 1. Franklin Global Real Estate VIP Fund Class 2 ...... AZL Morgan Stanley Global Real Estate Fund Class 2. 8. Franklin High Income VIP Fund Class 1 ...... AZL Pyramis Total Bond Fund Class 1. Franklin High Income VIP Fund Class 2 ...... AZL Pyramis Total Bond Fund Class 2. 9. Alger Capital Appreciation Portfolio Class 1 ...... AZL Russell 1000 Growth Index Fund Class 1. 10. Alger Large Cap Growth Portfolio Class 1 ...... AZL Russell 1000 Growth Index Fund Class 1. 11. Franklin Large Cap Growth VIP Fund Class 1 ...... AZL Russell 1000 Growth Index Fund Class 1. Franklin Large Cap Growth VIP Fund Class 2 ...... AZL Russell 1000 Growth Index Fund Class 2. 12. Invesco V.I. American Franchise Fund Series I ...... AZL Russell 1000 Growth Index Fund Class 1. Invesco V.I. American Franchise Fund Series II ...... AZL Russell 1000 Growth Index Fund Class 2. 13. Jennison Portfolio Class II ...... AZL Russell 1000 Growth Index Fund Class 2. 14. Davis VA Value Portfolio Class 1 ...... AZL Russell 1000 Value Index Fund Class 1. 15. Franklin Growth and Income VIP Fund Class 1 ...... AZL Russell 1000 Value Index Fund Class 1. Franklin Growth and Income VIP Fund Class 2 ...... AZL Russell 1000 Value Index Fund Class 2. 16. Invesco V.I. Growth & Income Fund Series I ...... AZL Russell 1000 Value Index Fund Class 1. 17. Invesco V.I. Core Equity Fund Series I ...... AZL S&P 500 Index Fund Class 1. 18. JPMorgan Insurance Trust U.S. Equity Portfolio Class 1 ...... AZL S&P 500 Index Fund Class 1. 19. Oppenheimer Main Street Fund/VA Class 1 ...... AZL S&P 500 Index Fund Class 1. 20. Alger Small Cap Growth Portfolio Class 1 ...... AZL Small Cap Stock Index Fund Class 1. 21. Columbia Variable Portfolio—Select Smaller-Cap Value Fund Class 1 ...... AZL Small Cap Stock Index Fund Class 1. 22. Franklin Small Cap Value VIP Fund Class 1 ...... AZL Small Cap Stock Index Fund Class 1. Franklin Small Cap Value VIP Fund Class 2 ...... AZL Small Cap Stock Index Fund Class 2.

8. The Destination Funds are all series Contracts more efficient to administer. corresponding Destination Fund in of the VIP Trust, a Delaware statutory The Section 26 Applicants state that the greater detail. trust registered as an open-end Substitutions are designed and intended 12. The proposed Substitutions will management investment company to simplify the menu of Investment be described in supplements to the under the Act and whose shares are Options by eliminating certain applicable prospectuses for the registered under the Securities Act of overlapping fund offerings that Contracts filed with the Commission 1933. duplicate one another by having (‘‘Supplements’’) and delivered to all 9. Shares of the VIP Trust are sold to substantially similar investment affected Contract owners at least 30 days separate accounts of Allianz Life and objectives, strategies and risks. before the date the proposed Allianz NY for the purpose of funding Additional information for each Target Substitution is effected (‘‘Substitution the Contracts. The Destination Funds Fund and the corresponding Destination Date’’). The Supplements will give are managed by Allianz Investment Fund, including investment objectives, Contract owners notice of the respective Management LLC (‘‘AIM’’), an affiliate principal investment strategies, Insurance Company Applicant’s intent of the Insurance Company Applicants. principal risks, and performance can be to take the necessary actions, including AIM is registered as an investment found in the application. seeking the order requested by the adviser under the Investment Advisers application, to substitute shares of the Act of 1940. 11. Applicants state that for all Target Funds as described in the 10. The Insurance Company Substitutions, the management fees and application on the Substitution Date. Applicants state that the proposed total annual fund operating expenses of The Supplements also will advise Substitutions are part of an ongoing each Destination Fund are lower than Contract owners that for at least thirty effort to make their Contracts more those of the corresponding Target Fund. (30) days before the Substitution Date, attractive to existing and prospective The application sets forth the fees and Contract owners are permitted to Contract owners and to make the expenses of each Target Fund and its transfer all of or a portion of their

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Contract value out of any Subaccount 16. The Insurance Company Fund are lower than those of the investing in a Target Fund to any other Applicants or an affiliate will pay all corresponding Target Fund. available Subaccounts offered under expenses and transaction costs 3. Applicants also assert that the their Contract without any transfer reasonably related to the proposed proposed Substitutions are consistent charge or limitation and without the Substitutions. Applicants state that no with the principles and purposes of transfer being counted as a transfer for costs of the proposed Substitutions will section 26(c) and do not entail any of purposes of transfer limitations and fees be borne directly or indirectly by the abuses that section 26(c) is designed that would otherwise be applicable Contract owners. Contract owners will to prevent. Applicants state that the under the terms of the Contracts. not incur any fees or charges as a result proposed Substitutions, therefore, will 13. The Section 26 Applicants will of the proposed Substitutions, nor will not result in the type of costly forced send the Supplements to all existing their rights or the obligations of the redemptions that section 26(c) was Contract owners. Prospective purchasers Insurance Company Applicants under designed to guard against and are and new purchasers of Contracts will be the Contracts be altered in any way. consistent with the protection of provided with a Contract prospectus Applicants state that the proposed investors and the purposes fairly and the Supplements, as well as Substitutions will not cause the fees and intended by the Act. prospectuses and supplements for the charges under the Contracts currently 4. The Section 17 Applicants request Destination Funds. being paid by Contract owners to be that the Commission issue an order 14. In addition to the Supplements greater after the proposed Substitutions pursuant to section 17(b) of the Act distributed to Contract owners, within than before the proposed Substitutions. exempting them from section 17(a) of five (5) business days after the 17. The Section 26 Applicants further the Act to the extent necessary to permit Substitution Date, the Insurance agree that they will cause AIM, as the them to carry out the Substitutions by redeeming shares issued by each Company Applicants will send Contract manager of each Destination Fund, to owners a written confirmation of the applicable Target Fund in-kind and enter into a written contract with the completed proposed Substitutions in using the securities distributed as Destination Funds, whereby, during the accordance with rule 10b-10 under the redemption proceeds to purchase shares two (2) years following the Substitution Securities Exchange Act of 1934. The issued by the applicable Destination Date, the annual net operating expenses confirmation statement will include or Funds (the ‘‘In-Kind Transactions’’). of each Destination Fund will not be accompanied by a statement that 5. Section 17(a)(1) of the Act prohibits exceed, on an annualized basis, the reiterates the free transfer rights any affiliated person of a registered annual net operating expenses of any disclosed in the Supplements. The investment company, or an affiliated corresponding Target Fund for fiscal Insurance Company Applicants also person of an affiliated person, acting as year 2015. The Section 26 Applicants will send each Contract owner current principal, from selling any security or prospectuses for the Destination Funds further agree that separate account other property to such registered involved to the extent that they have not charges for any Contract owner on the investment company. Section 17(a)(2) of previously received a copy. Substitution Date, will not be increased the Act prohibits any of the persons 15. Each Substitution will take place at any time during the two year period described above, acting as principal, at the applicable Target and Destination following the Substitution Date. from purchasing any security or other Funds’ relative per share net asset Legal Analysis property from such registered values determined on the Substitution investment company. Date in accordance with section 22 of 1. The Section 26 Applicants request 6. Applicants may be considered the Act and rule 22c–1 under the Act. that the Commission issue an order affiliates of the Destination Funds based Accordingly, applicants state that the pursuant to section 26(c) of the Act upon the definition of ‘‘affiliated proposed Substitutions will have no approving the proposed Substitutions. person’’ in section 2(a)(3) of the Act. negative financial impact on any Section 26(c) of the Act prohibits any The majority of the shares of each fund Contract owner. Each proposed depositor or trustee of a unit investment of the VIP Trust are held by the Separate Substitution will be effected by having trust that invests exclusively in the Accounts. Because shares held by a each Target Fund Subaccount redeem securities of a single issuer from separate account of an insurance its Target Fund shares in cash and/or in- substituting the securities of another company are legally owned by the kind on the Substitution Date at net issuer without the approval of the insurance company, Allianz Life and asset value per share and purchase Commission. Section 26(c) provides that Allianz NY and their affiliates shares of the appropriate Destination such approval shall be granted by order collectively own of record the majority Fund at net asset value per share of the Commission if the evidence of the shares of each fund of the VIP calculated on the same date. The establishes that the substitution is Trust, including the Destination Funds. process for accomplishing the transfer of consistent with the protection of Further, AIM, an affiliated person of the assets from each Target Fund to its investors and the purposes of the Act. VIP Trust by virtue of section 2(a)(3)(E) corresponding Destination Fund will be 2. Applicants submit that each of the of the Act, is a wholly owned subsidiary determined on a case-by-case basis. In proposed Substitutions meet the of Allianz Life. For these reasons, the some cases, it is expected that the standards set forth in section 26(c) and VIP Trust and the Destination Funds are Substitutions will be effected by that, if implemented, the Substitutions arguably under the control of Allianz redeeming shares of a Target Fund for would not raise any of the concerns Life and Allianz NY notwithstanding cash and using the cash to purchase underlying this provision. Applicants the fact that Contract owners may be shares of the Destination Fund. In other state that each Destination Fund and its considered the beneficial owners of cases, it is expected that the corresponding Target Fund have those shares held in the Separate Substitutions will be effected by substantially similar investment Accounts. If the VIP Trust and the redeeming the shares of a Target Fund objectives, principal investment Destination Funds are under the control in-kind; those assets will then be strategies, and principal risks. The of Allianz Life and Allianz NY, then contributed in-kind to the applicants also state that the each of Allianz Life and Allianz NY, or corresponding Destination Fund to management fees and total annual fund any person controlling Allianz Life and purchase shares of that fund. operating expenses of each Destination Allianz NY, or any person under

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common control with Allianz Life and business. In particular, the Section 17 5. The rights or obligations of the Allianz NY, is an affiliated person of the Applicants cannot effect the proposed Insurance Company Applicants under VIP Trust and the Destination Funds. In-Kind Transactions at a price that is the Contracts of affected Contract Similarly, if the VIP Trust and the disadvantageous to either a Target Fund owners will not be altered in any way. Destination Funds are under the control or a Destination Fund, and the proposed The proposed Substitutions will not of Allianz Life and Allianz NY, then the In-Kind Transactions will not occur adversely affect any riders under the VIP Trust and the Destination Funds are absent an exemptive order from the Contracts since each of the Destination affiliated persons of Allianz Life and Commission. Funds is an allowable Investment Allianz NY, and of any persons that 9. The Section 17 Applicants also Option for use with such riders. control Allianz Life and Allianz NY or submit that the proposed In-Kind 6. Affected Contract owners will be are under common control with Allianz Transactions are, or will be, consistent permitted to make at least one transfer Life and Allianz NY. with the policies of each Target Fund of Contract value from the Subaccount 7. At the close of business on the and corresponding Destination Fund as investing in the Target Fund (before the Substitution Date, the Insurance stated in their respective registration Substitution Date) or the Destination Company Applicants will redeem shares statements and reports filed with the Fund (after the Substitution Date) to any of each Target Fund either in-kind or in Commission. Finally, the Section 17 other available Investment Option under cash, or a combination thereof, and use Applicants submit that the proposed In- the Contract without charge for a period the proceeds of such redemptions to Kind Transactions are consistent with beginning at least 30 days before the purchase shares of the corresponding the general purposes of the Act. Substitution Date through at least 30 Destination Fund, with each days following the Substitution Date. Subaccount of the applicable Separate Applicants’ Conditions Except as described in any market Account investing the proceeds of its The Section 26 Applicants agree that timing/short-term trading provisions of redemption from the Target Fund in the any order granting the requested relief the relevant prospectus, the Insurance corresponding Destination Fund. Thus, will be subject to the following Company Applicants will not exercise the proposed transactions may involve a conditions: any right it may have under the Contract transfer of portfolio securities by each 1. The proposed Substitutions will to impose restrictions on transfers Target Fund to Allianz Life and Allianz not be effected unless the Insurance between the Subaccounts under the NY. Immediately thereafter, Allianz Life Company Applicants determine that: (a) Contracts, including limitations on the and Allianz NY would purchase shares the Contracts allow the substitution of future number of transfers, for a period of the corresponding Destination Fund shares of registered open-end beginning at least 30 days before the with the portfolio securities and/or cash investment companies in the manner Substitution Date through at least 30 received from the applicable Target contemplated by the application; (b) the days following the Substitution Date. 7. All affected Contract owners will be Fund. This aspect of the Substitution proposed Substitutions can be notified, at least 30 days before the may be deemed to involve one or more consummated as described in the sales by Allianz Life or Allianz NY of Substitution Date about: (a) the intended application under applicable insurance securities or other property to the Substitution of the Target Funds with laws; and (c) any regulatory applicable Destination Fund, and could the Destination Funds; (b) the intended requirements in each jurisdiction where therefore be viewed as being prohibited Substitution Date; and (c) information the Contracts are qualified for sale have by section 17(a) of the Act. Accordingly, with respect to transfers as set forth in been complied with to the extent the Section 17 Applicants seek relief Condition 6 above. In addition, necessary to complete the proposed from section 17(a) of the Act for the in- Insurance Company Applicants will Substitutions. kind purchases and sales of the deliver to all affected Contract owners, Destination Fund shares. 2. The Insurance Company Applicants at least 30 days before the Substitution 8. The Section 17 Applicants submit or their affiliates will pay all expenses Date, a prospectus for each applicable that the terms of the proposed In-Kind and transaction costs of the proposed Destination Fund. Transactions, including the Substitutions, including legal and 8. Insurance Company Applicants consideration to be paid and received, accounting expenses, any applicable will deliver to each affected Contract are reasonable and fair, and do not brokerage expenses and other fees and owner within five (5) business days of involve overreaching on the part of any expenses. No fees or charges will be the Substitution Date a written person concerned because: (1) the assessed to the Contract owners to effect confirmation which will include: (a) a proposed In-Kind Transactions will not the proposed Substitutions. confirmation that the proposed adversely affect or dilute the interests of 3. The proposed Substitutions will be Substitutions were carried out as Contract owners; and (2) the proposed effected at the relative net asset values previously notified; (b) a restatement of In-Kind Transactions will comply with of the respective shares in conformity the information set forth in the the conditions set forth in rule 17a–7 with section 22(c) of the Act and rule Supplements; and (c) before and after under the Act, other than the 22c–1 thereunder without the account values. requirement relating to cash imposition of any transfer or similar 9. The Section 26 Applicants will consideration. Even though the charges by the Section 26 Applicants. cause AIM, as the Manager of each proposed In-Kind Transactions will not The proposed Substitutions will be Destination Fund, to enter into a written comply with the cash consideration effected without change in the amount contract with the Destination Funds, requirement of paragraph (a) of rule or value of any Contracts held by whereby, during the two (2) years 17a–7, the terms of the proposed In- affected Contract owners. following the Substitution Date, the Kind Transactions will offer to the 4. The proposed Substitutions will in annual net operating expenses of each relevant Target and Destination Funds no way alter the tax treatment of Destination Fund will not exceed, on an the same degree of protection from affected Contract owners in connection annualized basis, the annual net overreaching that rule 17a–7 generally with their Contracts, and no tax liability operating expenses of any provides in connection with the will arise for affected Contract owners corresponding Target Fund for fiscal purchase and sale of securities under as a result of the proposed 2015. The Section 26 Applicants further that rule in the ordinary course of Substitutions. agree that separate account charges for

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any Contract owner on the Substitution conditions under which computer eligibility/entitlement factors and other Date will not be increased at any time matching involving the Federal relevant information. We obtain during the two year period following the government could be performed and additional information as necessary Substitution Date. adding certain protections for persons before making any determinations of For the Commission, by the Division of applying for, and receiving, Federal eligibility/payment or entitlement/ Investment Management, under delegated benefits. Section 7201 of the Omnibus benefit amounts or adjustments thereto. authority. Budget Reconciliation Act of 1990 (Pub. With respect to military retirement Robert W. Errett, L. 101–508) further amended the payments to SSI recipients and SVB Deputy Secretary. Privacy Act regarding protections for beneficiaries who are retired members such persons. of the Uniformed Services or their [FR Doc. 2016–18913 Filed 8–9–16; 8:45 am] The Privacy Act, as amended, survivors, we will accomplish this task BILLING CODE 8011–01–P regulates the use of computer matching by computer matching with DoD/ by Federal agencies when records in a DMDC. system of records are matched with SOCIAL SECURITY ADMINISTRATION other Federal, State, or local government C. AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM: [Docket No. SSA 2016–0026] records. It requires Federal agencies involved in computer matching The legal authority for this exchange Privacy Act of 1974, as Amended; programs to: is sections 806(b) and 1631(e)(1)(B) and Computer Matching Program (SSA/ (1) Negotiate written agreements with (f) of the Social Security Act (Act) (42 Department of Defense (DoD), Defense the other agency or agencies U.S.C. 1006(b) and 1383(e)(1)(B) and Manpower Data Center (DMDC))— participating in the matching programs; (f)). Our legal authority to disclose data Match Number 1004 (2) Obtain approval of the matching to DoD/DMDC is section 1106(a) of the agreement by the Data Integrity Boards Act (42 U.S.C. 1306(a)) and the Privacy AGENCY: Social Security Administration of the participating Federal agencies; Act of 1974 (5 U.S.C. 552a(b)(3)). (SSA). (3) Publish notice of the computer D. CATEGORIES OF RECORDS AND PERSONS ACTION: Notice of a renewal of an matching program in the Federal COVERED BY THE MATCHING PROGRAM: existing computer matching program Register; We will provide DoD/DMDC with an that will expire on September 14, 2016. (4) Furnish detailed reports about electronic query file. Upon receipt of the matching programs to Congress and electronic file, DoD/DMDC will perform SUMMARY: In accordance with the OMB; a computer match using all nine digits provisions of the Privacy Act, as (5) Notify applicants and beneficiaries of the Social Security Number against amended, this notice announces a that their records are subject to the DMDC database. These records renewal of an existing computer matching; and include retired members of the matching program that we are currently (6) Verify match findings before Uniformed Services (not including conducting with DoD. reducing, suspending, terminating, or Public Health) and their survivors DATES: We will file a report of the denying a person’s benefits or entitled to Survivor Benefits. subject matching program with the payments. Committee on Homeland Security and E. INCLUSIVE DATES OF THE MATCHING PROGRAM: Governmental Affairs of the Senate; the B. SSA Computer Matches Subject to The effective date of this matching Committee on Oversight and the Privacy Act program is September 14, 2016 provided Government Reform of the House of We have taken action to ensure that that the following notice periods have Representatives; and the Office of all of our computer matching programs lapsed: 30 days after publication of this Information and Regulatory Affairs, comply with the requirements of the notice in the Federal Register and 40 Office of Management and Budget Privacy Act, as amended. days after notice of the matching (OMB). The matching program will be program is sent to Congress and OMB. effective as indicated below. Glenn Sklar, Acting Executive Director, Office of Privacy The matching program will continue for ADDRESSES: Interested parties may and Disclosure, Office of the General Counsel. 18 months from the effective date and, comment on this notice by either if both agencies meet certain conditions, telefaxing to (410) 966–0869 or writing Notice of Computer Matching Program, it may extend for an additional 12 to the Acting Executive Director, Office SSA with the Department of Defense (DoD) months thereafter. of Privacy and Disclosure, Office of the [FR Doc. 2016–18989 Filed 8–9–16; 8:45 am] General Counsel, Social Security A. PARTICIPATING AGENCIES: BILLING CODE 4191–02–P Administration, 617 Altmeyer Building, SSA and DoD. 6401 Security Boulevard, Baltimore, MD 21235–6401. All comments received B. PURPOSE OF THE MATCHING PROGRAM: DEPARTMENT OF STATE will be available for public inspection at The purpose of this matching this address. agreement is to establish the terms, [Public Notice: 9654] FOR FURTHER INFORMATION CONTACT: The conditions, and safeguards under which Notice of Meeting of the Cultural Acting Executive Director, Office of DoD will conduct computer matching Property Advisory Committee Privacy and Disclosure, Office of the with the Social Security Administration General Counsel, as shown above. (SSA) to verify information provided to There will be a meeting of the SUPPLEMENTARY INFORMATION: SSA by recipients, and applicants Cultural Property Advisory Committee thereof, of Supplemental Security (‘‘the Committee’’) October 25–27, 2016, A. General Income (SSI) payments; and at the United States Department of State, The Computer Matching and Privacy beneficiaries of Special Veterans Harry S. Truman Building, 2201 C Street Protection Act of 1988 (Public Law Benefits (SVB) benefits, and applicants NW. (Marshall Center), and State Annex (Pub. L.) 100–503), amended the Privacy thereof. The SSI and SVB recipient/ 5, 2200 C Street NW., Washington, DC. Act (5 U.S.C. 552a) by describing the beneficiary provides information about The Committee’s responsibilities are

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carried out in accordance with facilities. The data will be entered into comments. Written comments submitted provisions of the Convention on the Visitor Access Control System in electronic form are not private. They Cultural Property Implementation Act (VACS–D) database. Please see the will be posted at http:// (19 U.S.C. 2601 et seq.) (‘‘the Act’’). A Security Records System of Records www.regulations.gov. Because written portion of this meeting will be closed to Notice (State-36) at https:// comments cannot be edited to remove the public pursuant to 5 U.S.C. foia.state.gov/_docs/SORN/State-36.pdf any personally identifying or contact 552b(c)(9)(B) and 19 U.S.C. 2605(h). for additional information. information, the U.S. Department of During the closed portion of the If you wish to make an oral State cautions against including any meeting, the Committee will review the presentation at the open portion of the information in an electronic submission proposal to extend the Memorandum of meeting, you must request to be that one does not want publicly Understanding between the Government scheduled by the above-mentioned date disclosed (including trade secrets and of the United States of America and the and time, and you must submit a commercial or financial information Government of the Republic of Peru written summary of your oral that are privileged or confidential Concerning the Imposition of Import presentation, ensuring that it is received within the meaning of 19 U.S.C. Restrictions on Archaeological Material no later than September 30, 2016, at 2605(i)(1)). Written comments from the Prehispanic Cultures and 11:59 p.m. (EDT), via the eRulemaking submitted by fax or email are not Certain Ethnological Material from the Portal (see below), to allow time for accepted. Colonial Period of Peru (‘‘Peru MOU’’), distribution to members of the • Regular Mail or Delivery. If you Docket No. DOS–2016–0053. Also, Committee prior to the meeting. Oral wish to submit information that you during the closed portion of the comments will be limited to five (5) believe to be privileged or confidential meeting, the Committee will review the minutes to allow time for questions within the meaning of 19 U.S.C. proposal to extend the Memorandum of from members of the Committee. All 2605(i)(1), you may do so via regular Understanding between the Government oral comments must relate specifically mail, commercial delivery, or personal of United States of America and the to matters referred to in 19 U.S.C. hand delivery to the following address: Government of the Republic of Cyprus 2602(a)(1), with respect to which the Cultural Heritage Center (ECA/P/C), Concerning the Imposition of Import Committee makes its findings and SA–5, Floor C2, U.S. Department of Restrictions on Pre-Classical and recommendations. State, 2200 C Street NW., Washington, Classical Archaeological Objects and If you do not wish to make oral DC 20522–05C2. Only written Byzantine and Post Byzantine Period comments but still wish to make your comments containing information that Ecclesiastical and Ritual Ethnological views known, you may submit written you believe to be privileged or Materials (‘‘Cyprus MOU’’), Docket No. comments for the Committee to confidential will be accepted via regular DOS–2016–0054. consider. Your written comments mail or delivery. Such comments must An open portion of the meeting to should relate specifically to the matters be received by September 30, 2016. receive oral public comments on the referred to in 19 U.S.C. 2602(a)(1). For further information, contact proposals to extend the Peru MOU and Please submit written comments Isabella Strohmeyer, Program the Cyprus MOU will be held on electronically through the eRulemaking Coordinator, at 202–632–6198. Tuesday, October 25, 2016, beginning at Portal (see below), ensuring that they 9:15 a.m. EDT. The text of the Act and are received no later than September 30, Dated: July 27, 2016. the MOUs, as well as related 2016, at 11:59 p.m. (EDT). Our adoption Evan Ryan, information, may be found at http:// of this procedure facilitates public Assistant Secretary, Bureau of Educational culturalheritage.state.gov. participation; implements Section 206 and Cultural Affairs, U.S. Department of If you wish to attend the open portion of the E-Government Act of 2002, Pub. State. of the meeting of the Committee on L. 107–347, 116 Stat. 2915; and supports [FR Doc. 2016–19018 Filed 8–9–16; 8:45 am] October 25, 2016, registration is the Department of State’s ‘‘Greening BILLING CODE 4710–05–P required. Please notify the Cultural Diplomacy’’ initiative that aims to Heritage Center of the U.S. Department reduce the State Department’s of State at (202) 632–6301 no later than environmental footprint and reduce DEPARTMENT OF STATE 5:00 p.m. (EDT) September 30, 2016 to costs. The Department requests that any [Public Notice: 9667] arrange for admission. Seating is party soliciting or aggregating written limited. When calling, please request comments received from other persons Notice of Proposal To Extend the reasonable accommodation if needed. for submission to the Department Memorandum of Understanding The open portion will be held at the inform those persons that the Between the Government of United U.S. Department of State, Harry S. Department will not edit their States of America and the Government Truman Building, 2201 C St. NW., comments to remove any identifying or of the Republic of Peru Concerning the Room 1499 in the Marshall Center, contact information, and that they Imposition of Import Restrictions on Washington, DC 20037. Please enter therefore should not include any such Archaeological Material From the using the 21st Street entrance, and plan information in their comments that they Prehispanic Cultures and Certain to present a valid photo ID and arrive do not want publicly disclosed. Ethnological Material From the 30 minutes before the beginning of the Please submit written comments or a Colonial Period of Peru open session. written summary of your oral Personal information regarding presentation only once using one of The Government of the Republic of attendees is requested pursuant to the these methods: Peru has informed the Government of Omnibus Diplomatic Security and • Electronic Delivery. To submit the United States of America of its Antiterrorism Act of 1986, as amended written comments electronically, go to interest in an extension of the (Pub. L. 99–399), the USA PATRIOT Act the Federal eRulemaking Portal (http:// Memorandum of Understanding (Pub. L.107–56), and Executive Order www.regulations.gov), enter either Between the Government of United 13356. The purpose of this collection is Docket No. DOS–2016–0053 for Peru or States of America and the Government to validate the identity of individuals Docket No. DOS–2016–0054 for Cyprus, of the Republic of Peru Concerning the who enter U.S. Department of State and follow the prompts to submit Imposition of Import Restrictions on

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Archaeological Material From the collection title, and the OMB control loss of United States citizenship. The Prehispanic Cultures and Certain number in any correspondence. information provided assists consular Ethnological Material From the Colonial FOR FURTHER INFORMATION CONTACT: officers and the Department of State in Period of Peru (‘‘the MOU’’). Direct requests for additional determining if the U.S. citizen has lost Pursuant to the authority vested in the information regarding the collection his or her nationality by voluntarily Assistant Secretary of State for listed in this notice, including requests performing an expatriating act with the Educational and Cultural Affairs, and for copies of the proposed collection intention of relinquishing United States pursuant to 19 U.S.C. 2602(f)(1), an instrument and supporting documents, nationality. 8 U.S.C. 1501 grants extension of this MOU is hereby to Derek A. Rivers, Bureau of Consular authority to collect this information. proposed. Affairs, Overseas Citizens Services (CA/ Methodology: A copy of the MOU, the Designated OCS/PMO), U.S. Department of State, The Bureau of Consular Affairs will List of restricted categories of material, 2201 C. St. NW., Washington, DC 20522, post this form on Department of State and related information can be found at who may be reached at Web sites to give respondents the the following Web site: http:// mailto:[email protected]. opportunity to complete the form culturalheritage.state.gov. SUPPLEMENTARY INFORMATION: online, or print the form and fill it out Dated: July 27, 2016. • Title of Information Collection: manually and submit the form in person Evan Ryan, Request for Determination of Possible or by fax or mail. Assistant Secretary, Bureau of Educational Loss of United States Citizenship. Dated: July 7, 2016. • and Cultural Affairs, U.S. Department of OMB Control Number: 1405–0178. Michelle Bernier-Toth, State. • Type of Request: Extension of a Managing Director, Bureau of Consular [FR Doc. 2016–19013 Filed 8–9–16; 8:45 am] Currently Approved Collection. Affairs, Overseas Citizens Services, • BILLING CODE 4710–05–P Originating Office: Bureau of Department of State. Consular Affairs, Overseas Citizens [FR Doc. 2016–19019 Filed 8–9–16; 8:45 am] Services (CA/OCS). BILLING CODE 4710–06–P DEPARTMENT OF STATE • Form Number: DS–4079. • [Public Notice: 9643] Respondents: United States Citizens. DEPARTMENT OF STATE 60-Day Notice of Proposed Information • Estimated Number of Respondents: 600. Collection: Request for Determination [Public Notice: 9669] of Possible Loss of United States • Estimated Number of Responses: Citizenship 600. In the Matter of the Review of the • Average Time per Response: 40 Designation of Liberation Tigers of ACTION: Notice of request for public minutes. Tamil Eelam (and Other Aliases) as a • comment. Total Estimated Burden Time: 400 Foreign Terrorist Organization hours. Pursuant to Section 219 of the SUMMARY: The Department of State is • Frequency: On Occasion. Immigration and Nationality Act seeking Office of Management and • Obligation to Respond: Voluntary, Budget (OMB) approval for the but if not completed, may not obtain or Based upon a review of the information collection described below. retain benefits. Administrative Record assembled in In accordance with the Paperwork We are soliciting public comments to this matter pursuant to Section Reduction Act of 1995, we are permit the Department to: 219(a)(4)(C) of the Immigration and requesting comments on this collection • Evaluate whether the proposed Nationality Act, as amended (8 U.S.C. from all interested individuals and information collection is necessary for 1189(a)(4)(C)) (‘‘INA’’), and in organizations. The purpose of this the proper functions of the Department. consultation with the Attorney General notice is to allow 60 days for public • Evaluate the accuracy of our and the Secretary of the Treasury, the comment preceding submission of the estimate of the time and cost burden for Secretary of State concludes that the collection to OMB. this proposed collection, including the circumstances that were the basis for the DATES: The Department will accept validity of the methodology and designation of the aforementioned comments from the public up to October assumptions used. organization as a Foreign Terrorist 11, 2016. • Enhance the quality, utility, and Organization have not changed in such ADDRESSES: You may submit comments clarity of the information to be a manner as to warrant revocation of the by any of the following methods: collected. designation and that the national • Web: Persons with access to the • Minimize the reporting burden on security of the United States does not Internet may comment on this notice by those who are to respond, including the warrant a revocation of the designation. going to www.Regulations.gov. You can use of automated collection techniques Therefore, the Secretary of State search for the document by entering or other forms of information hereby determines that the designation ‘‘Docket Number: DOS–2016–0047’’ in technology. of the aforementioned organization as a the Search field. Then click the Please note that comments submitted Foreign Terrorist Organization, pursuant ‘‘Comment Now’’ button and complete in response to this Notice are public to Section 219 of the INA (8 U.S.C. the comment form. record. Before including any detailed 1189), shall be maintained. • Email: [email protected] personal information, you should be This determination shall be published • Regular Mail: Send written aware that your comments as submitted, in the Federal Register. comments to: U.S. Department of State, including your personal information, CA/OCS/PMO, 2201 C. St. NW., will be available for public review. Dated: July 22, 2016. Washington, DC 20522 Abstract of proposed collection: John F. Kerry, • Fax: 202–736–9111 The purpose of the DS–4079 Secretary of State. You must include the DS form questionnaire is to determine current [FR Doc. 2016–19022 Filed 8–9–16; 8:45 am] number (if applicable), information citizenship status and the possibility of BILLING CODE 4710–AD–P

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DEPARTMENT OF STATE the stations of (1) Van at milepost CLJ Offices of Louis E. Gitomer, LLC, 600 0.0 (FSAC 82043/OPSL 65290), (2) Baltimore Avenue, Suite 301, Towson, [Public Notice: 9668] Marnie at milepost CLJ 4.0 (FSAC MD 21204. Notice of Proposal to Extend the 82049/OPSL 65320), and (3) Robin If the verified notice contains false or Memorandum of Understanding Hood at milepost CLJ 8.0 (FSAC 82047/ misleading information, the exemption Between the Government of United OPSL 65325). is void ab initio. Board decisions and notices are States of America and the Government CSXT has certified that: (1) No local available on our Web site at of the Republic of Cyprus Concerning freight traffic has moved over the Line for at least two years; (2) there is no ‘‘WWW.STB.DOT.GOV.’’ the Imposition of Import Restrictions overhead traffic on the Line; (3) no on Pre-Classical and Classical Decided: August 5, 2016. formal complaint filed by a user of rail Archaeological Objects and Byzantine By the Board, Joseph H. Dettmar, Acting service on the Line (or by a state or local and Post-Byzantine Period Director, Office of Proceedings. government entity acting on behalf of Ecclesiastical and Ritual Ethnological Kenyatta Clay, such user) regarding cessation of service Materials over the Line is pending either with the Clearance Clerk. The Government of the Republic of Surface Transportation Board or any [FR Doc. 2016–18981 Filed 8–9–16; 8:45 am] Cyprus has informed the Government of U.S. District Court or has been decided BILLING CODE 4915–01–P the United States of America of its in favor of a complainant within the interest in an extension of the two-year period; and (4) the Memorandum of Understanding requirements at 49 CFR 1105.12 SUSQUEHANNA RIVER BASIN between the Government of United (newspaper publication) and 49 CFR COMMISSION States of America and the Government 1152.50(d)(1) (notice to governmental Commission Meeting of the Republic of Cyprus Concerning agencies) have been met. the Imposition of Import Restrictions on As a condition to this exemption, any AGENCY: Susquehanna River Basin Pre-Classical and Classical employee adversely affected by the Commission. discontinuance of service shall be Archaeological Objects and Byzantine ACTION: Notice. and Post-Byzantine Period Ecclesiastical protected under Oregon Short Line and Ritual Ethnological Materials (‘‘the Railroad—Abandonment Portion SUMMARY: The Susquehanna River Basin MOU’’). Goshen Branch Between Firth & Commission will hold its regular Pursuant to the authority vested in the Ammon, in Bingham & Bonneville business meeting on September 8, 2016, Assistant Secretary of State for Counties, Idaho, 360 I.C.C. 91 (1979). To in Cooperstown, New York. Details Educational and Cultural Affairs, and address whether this condition concerning the matters to be addressed pursuant to 19 U.S.C. 2602(f)(1), an adequately protects affected employees, at the business meeting are contained in extension of this MOU is hereby a petition for partial revocation under the Supplementary Information section proposed. 49 U.S.C. 10502(d) must be filed. of this notice. Provided no formal expression of A copy of the MOU, the Designated DATES: The meeting will be held on intent to file an offer of financial List of restricted categories of material, Thursday, September 8, 2016, at 9 a.m. and related information can be found at assistance (OFA) to subsidize continued rail service has been received, this ADDRESSES: The meeting will be held at the following Web site: http:// The Otesaga Resort Hotel, Ballroom, 60 culturalheritage.state.gov. exemption will become effective on September 9, 2016.1 unless stayed Lake Street, Cooperstown, NY 13326. Dated: July 27, 2016. pending reconsideration. Petitions to FOR FURTHER INFORMATION CONTACT: Evan Ryan, stay that do not involve environmental Jason E. Oyler, General Counsel, Assistant Secretary, Bureau of Educational issues and formal expressions of intent telephone: (717) 238–0423, ext. 1312; and Cultural Affairs, U.S. Department of to file an OFA to subsidize continued fax: (717) 238–2436. State. rail service under 49 CFR 1152.27(c)(2) 2 SUPPLEMENTARY INFORMATION: The [FR Doc. 2016–19014 Filed 8–9–16; 8:45 am] must be filed by August 22, 2016.3 business meeting will include actions or BILLING CODE 4710–05–P Petitions to reopen must be filed by presentations on the following items: (1) August 30, 2016, with the Surface Informational presentation of interest to Transportation Board, 395 E Street SW., the Upper Susquehanna Subbasin area; SURFACE TRANSPORTATION BOARD Washington, DC 20423–0001. (2) proposed rescission of the A copy of any petition filed with the Commission’s Information Technology [Docket No. AB 55 (Sub-No. 761X)] Board should be sent to CSXT’s Services Fee Policy; (3) ratification/ CSX Transportation, Inc.— representative: Louis E. Gitomer, Law approval of contracts/grants; (4) release Discontinuance of Service of proposed rulemaking for public 1 Exemption—in Boone County,W. Va. Pursuant to 49 CFR 1152.50(d)(2), the railroad comment; (5) notice for Montage must file a verified notice with the Board at least Mountain Resorts, LP project sponsor to 50 days before an abandonment or discontinuance CSX Transportation, Inc. (CSXT), filed is to be consummated. CSXT has indicated a appear and show cause before the a verified notice of exemption under 49 proposed consummation date of August 31, 2016, Commission; and (6) Regulatory CFR part 1152 subpart F—Exempt but, because the verified notice was filed on July Program projects, including a request to Abandonments and Discontinuances of 21, 2016, the earliest this transaction may be extend an emergency certificate for Service to discontinue service over an consummated is September 9, 2016. Furman Foods, Inc. 2 Each OFA must be accompanied by the filing approximately 9.1-mile rail line on its fee, which is currently set at $1,600. See 49 CFR Projects and proposed rescission of Southern Region, Florence Division, 1002.2(f)(25). the Commission’s Information West Fork Subdivision, between 3 Because this is a discontinuance proceeding and Technology Services Fee Policy listed milepost CLJ 0.0 and milepost CLJ 9.1, not an abandonment, interim trail use/rail banking for Commission action are those that and public use conditions are not appropriate. in Boone County, W. Va. (the Line). The Because there will be an environmental review were the subject of a public hearing Line traverse U.S. Postal Service Zip during abandonment, this discontinuance does not conducted by the Commission on Codes 25093 and 25204, and includes require an environmental review. August 4, 2016, and identified in the

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notice for such hearing, which was New Jersey Avenue SE., West Building statute also allows the Agency to renew published in 81 FR 44407, July 7, 2016. Ground Floor, Room W12–140, exemptions at the end of the 2-year The public is invited to attend the Washington, DC 20590–0001. period. The 46 individuals listed in this Commission’s business meeting. • Hand Delivery: West Building notice have recently requested such an Comments on the Regulatory Program Ground Floor, Room W12–140, 1200 exemption from the diabetes prohibition projects and proposed rescission of the New Jersey Avenue SE., Washington, in 49 CFR 391.41(b)(3), which applies to Commission’s Information Technology DC, between 9 a.m. and 5 p.m., Monday drivers of CMVs in interstate commerce. Services Fee Policy were subject to a through Friday, except Federal Accordingly, the Agency will evaluate deadline of August 15, 2016. Written Holidays. the qualifications of each applicant to comments pertaining to other items on • Fax: 1–202–493–2251. determine whether granting the the agenda at the business meeting may Instructions: Each submission must exemption will achieve the required be mailed to the Susquehanna River include the Agency name and the level of safety mandated by statute. Basin Commission, 4423 North Front docket numbers for this notice. Note II. Qualifications of Applicants Street, Harrisburg, Pennsylvania 17110– that all comments received will be 1788, or submitted electronically posted without change to http:// Dale E. Bliss www.regulations.gov, including any through http://www.srbc.net/pubinfo/ Mr. Bliss, 63, has had ITDM since personal information provided. Please publicparticipation.htm. Such 2016. His endocrinologist examined him see the Privacy Act heading below for comments are due to the Commission in 2016 and certified that he has had no further information. on or before September 2, 2016. severe hypoglycemic reactions resulting Docket: For access to the docket to Comments will not be accepted at the in loss of consciousness, requiring the read background documents or business meeting noticed herein. assistance of another person, or comments, go to http:// Authority: Pub. L. 91–575, 84 Stat. 1509 resulting in impaired cognitive function www.regulations.gov at any time or et seq., 18 CFR parts 806, 807, and 808. that occurred without warning in the Room W12–140 on the ground level of past 12 months and no recurrent (2 or Dated: August 5, 2016. the West Building, 1200 New Jersey more) severe hypoglycemic episodes in Stephanie L. Richardson, Avenue SE., Washington, DC, between 9 the last 5 years. His endocrinologist Secretary to the Commission. a.m. and 5 p.m., Monday through certifies that Mr. Bliss understands [FR Doc. 2016–18994 Filed 8–9–16; 8:45 am] Friday, except Federal holidays. The diabetes management and monitoring, BILLING CODE 7040–01–P Federal Docket Management System has stable control of his diabetes using (FDMS) is available 24 hours each day, insulin, and is able to drive a CMV 365 days each year. If you want safely. Mr. Bliss meets the requirements acknowledgment that we received your DEPARTMENT OF TRANSPORTATION of the vision standard at 49 CFR comments, please include a self- 391.41(b)(10). His optometrist examined Federal Motor Carrier Safety addressed, stamped envelope or him in 2016 and certified that he does Administration postcard or print the acknowledgement not have diabetic retinopathy. He holds page that appears after submitting [Docket No. FMCSA–2016–0216] a Class A CDL from Wisconsin. comments on-line. Qualification of Drivers; Exemption Privacy Act: In accordance with 5 Charles W. Bobbitt, III Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments Mr. Bobbitt, 52, has had ITDM since from the public to better inform its 1986. His endocrinologist examined him AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these Administration (FMCSA). in 2016 and certified that he has had no comments, without edit, including any severe hypoglycemic reactions resulting ACTION: Notice of applications for personal information the commenter in loss of consciousness, requiring the exemptions; request for comments. provides, to www.regulations.gov, as assistance of another person, or described in the system of records SUMMARY: FMCSA announces receipt of resulting in impaired cognitive function notice (DOT/ALL–14 FDMS), which can that occurred without warning in the applications from 46 individuals for be reviewed at www.dot.gov/privacy. exemption from the prohibition against past 12 months and no recurrent (2 or FOR FURTHER INFORMATION CONTACT: persons with insulin-treated diabetes more) severe hypoglycemic episodes in Christine A. Hydock, Chief, Medical mellitus (ITDM) operating commercial the last 5 years. His endocrinologist Programs Division, (202) 366–4001, motor vehicles (CMVs) in interstate certifies that Mr. Bobbitt understands [email protected], FMCSA, commerce. If granted, the exemptions diabetes management and monitoring, Department of Transportation, 1200 would enable these individuals with has stable control of his diabetes using New Jersey Avenue SE., Room W64– ITDM to operate CMVs in interstate insulin, and is able to drive a CMV 113, Washington, DC 20590–0001. commerce. safely. Mr. Bobbitt meets the Office hours are 8:30 a.m. to 5 p.m., e.t., requirements of the vision standard at DATES: Comments must be received on Monday through Friday, except Federal 49 CFR 391.41(b)(10). His or before September 9, 2016. holidays. ophthalmologist examined him in 2016 ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: and certified that he has stable bearing the Federal Docket Management nonproliferative diabetic retinopathy. I. Background System (FDMS) Docket No. FMCSA– He holds a Class A CDL from 2016–0216 using any of the following Under 49 U.S.C. 31136(e) and 31315, Washington. methods: FMCSA may grant an exemption from • Federal eRulemaking Portal: Go to the Federal Motor Carrier Safety Thomas Buckmaster http://www.regulations.gov. Follow the Regulations for a 2-year period if it finds Mr. Buckmaster, 58, has had ITDM on-line instructions for submitting ‘‘such exemption would likely achieve a since 2015. His endocrinologist comments. level of safety that is equivalent to or examined him in 2016 and certified that • Mail: Docket Management Facility; greater than the level that would be he has had no severe hypoglycemic U.S. Department of Transportation, 1200 achieved absent such exemption.’’ The reactions resulting in loss of

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consciousness, requiring the assistance Carlos A. Chapa he does not have diabetic retinopathy. of another person, or resulting in He holds a Class B CDL from New York. Mr. Chapa, 44, has had ITDM since impaired cognitive function that James W. Creech occurred without warning in the past 12 2013. His endocrinologist examined him months and no recurrent (2 or more) in 2016 and certified that he has had no Mr. Creech, 67, has had ITDM since severe hypoglycemic episodes in the severe hypoglycemic reactions resulting 2015. His endocrinologist examined him last 5 years. His endocrinologist certifies in loss of consciousness, requiring the in 2016 and certified that he has had no that Mr. Buckmaster understands assistance of another person, or severe hypoglycemic reactions resulting diabetes management and monitoring, resulting in impaired cognitive function in loss of consciousness, requiring the has stable control of his diabetes using that occurred without warning in the assistance of another person, or insulin, and is able to drive a CMV past 12 months and no recurrent (2 or resulting in impaired cognitive function safely. more) severe hypoglycemic episodes in that occurred without warning in the the last 5 years. His endocrinologist past 12 months and no recurrent (2 or Mr. Buckmaster meets the certifies that Mr. Chapa understands more) severe hypoglycemic episodes in requirements of the vision standard at diabetes management and monitoring, the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His has stable control of his diabetes using certifies that Mr. Creech understands ophthalmologist examined him in 2015 insulin, and is able to drive a CMV diabetes management and monitoring, and certified that he does not have safely. Mr. Chapa meets the has stable control of his diabetes using diabetic retinopathy. He holds a Class A requirements of the vision standard at insulin, and is able to drive a CMV CDL from Florida. 49 CFR 391.41(b)(10). His optometrist safely. Mr. Creech meets the requirements of the vision standard at Dustin L. Campbell examined him in 2016 and certified that he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist Mr. Campbell, 31, has had ITDM since He holds an operator’s license from examined him in 2016 and certified that 1994. His endocrinologist examined him Texas. he does not have diabetic retinopathy. He holds a Class A CDL from Indiana. in 2016 and certified that he has had no David E. Colorado severe hypoglycemic reactions resulting Kirk A. Devitis in loss of consciousness, requiring the Mr. Colorado, 42, has had ITDM since Mr. Devitis, 46, has had ITDM since assistance of another person, or 2010. His endocrinologist examined him 2006. His endocrinologist examined him resulting in impaired cognitive function in 2016 and certified that he has had no in 2016 and certified that he has had no that occurred without warning in the severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting past 12 months and no recurrent (2 or in loss of consciousness, requiring the in loss of consciousness, requiring the more) severe hypoglycemic episodes in assistance of another person, or assistance of another person, or the last 5 years. His endocrinologist resulting in impaired cognitive function resulting in impaired cognitive function certifies that Mr. Campbell understands that occurred without warning in the that occurred without warning in the diabetes management and monitoring, past 12 months and no recurrent (2 or past 12 months and no recurrent (2 or has stable control of his diabetes using more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in insulin, and is able to drive a CMV the last 5 years. His endocrinologist the last 5 years. His endocrinologist safely. Mr. Campbell meets the certifies that Mr. Colorado understands certifies that Mr. Devitis understands requirements of the vision standard at diabetes management and monitoring, diabetes management and monitoring, 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using has stable control of his diabetes using examined him in 2016 and certified that insulin, and is able to drive a CMV insulin, and is able to drive a CMV he does not have diabetic retinopathy. safely. Mr. Colorado meets the safely. Mr. Devitis meets the He holds an operator’s license from requirements of the vision standard at requirements of the vision standard at Maryland. 49 CFR 391.41(b)(10). His optometrist 49 CFR 391.41(b)(10). His examined him in 2016 and certified that Keith A. Cederberg ophthalmologist examined him in 2016 he does not have diabetic retinopathy. and certified that he has stable Mr. Cederberg, 58, has had ITDM He holds a Class A CDL from Utah. nonproliferative diabetic retinopathy. since 2014. His endocrinologist Francis J. Crawford He holds an operator’s license from New examined him in 2016 and certified that Jersey. he has had no severe hypoglycemic Mr. Crawford, 33, has had ITDM since reactions resulting in loss of 2000. His endocrinologist examined him Melinda L. Echols consciousness, requiring the assistance in 2016 and certified that he has had no Ms. Echols, 50, has had ITDM since of another person, or resulting in severe hypoglycemic reactions resulting 2016. Her endocrinologist examined her impaired cognitive function that in loss of consciousness, requiring the in 2016 and certified that she has had occurred without warning in the past 12 assistance of another person, or no severe hypoglycemic reactions months and no recurrent (2 or more) resulting in impaired cognitive function resulting in loss of consciousness, severe hypoglycemic episodes in the that occurred without warning in the requiring the assistance of another last 5 years. His endocrinologist certifies past 12 months and no recurrent (2 or person, or resulting in impaired that Mr. Cederberg understands diabetes more) severe hypoglycemic episodes in cognitive function that occurred without management and monitoring, has stable the last 5 years. His endocrinologist warning in the past 12 months and no control of his diabetes using insulin, certifies that Mr. Crawford understands recurrent (2 or more) severe and is able to drive a CMV safely. Mr. diabetes management and monitoring, hypoglycemic episodes in the last 5 Cederberg meets the requirements of the has stable control of his diabetes using years. Her endocrinologist certifies that vision standard at 49 CFR 391.41(b)(10). insulin, and is able to drive a CMV Ms. Echols understands diabetes His optometrist examined him in 2016 safely. Mr. Crawford meets the management and monitoring has stable and certified that he does not have requirements of the vision standard at control of her diabetes using insulin, diabetic retinopathy. He holds a Class B 49 CFR 391.41(b)(10). His optometrist and is able to drive a CMV safely. Ms. CDL from Minnesota. examined him in 2016 and certified that Echols meets the requirements of the

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vision standard at 49 CFR 391.41(b)(10). insulin, and is able to drive a CMV diabetes management and monitoring, Her ophthalmologist examined her in safely. Mr. Gonzalez meets the has stable control of his diabetes using 2016 and certified that she has stable requirements of the vision standard at insulin, and is able to drive a CMV nonproliferative diabetic retinopathy. 49 CFR 391.41(b)(10). His safely. Mr. Hawley meets the She holds a Class A CDL from ophthalmologist examined him in 2016 requirements of the vision standard at Washington. and certified that he does not have 49 CFR 391.41(b)(10). His optometrist diabetic retinopathy. He holds a Class A examined him in 2016 and certified that Justin W. Garriott CDL from Massachusetts. he does not have diabetic retinopathy. Mr. Garriott, 44, has had ITDM since He holds a Class B CDL from Illinois. 1998. His endocrinologist examined him Jeffrey K. Hagen in 2016 and certified that he has had no Mr. Hagen, 57, has had ITDM since Eugene R. Huelskamp severe hypoglycemic reactions resulting 2009. His endocrinologist examined him Mr. Huelskamp, 53, has had ITDM in loss of consciousness, requiring the in 2016 and certified that he has had no since 1974. His endocrinologist assistance of another person, or severe hypoglycemic reactions resulting examined him in 2016 and certified that resulting in impaired cognitive function in loss of consciousness, requiring the he has had no severe hypoglycemic that occurred without warning in the assistance of another person, or reactions resulting in loss of past 12 months and no recurrent (2 or resulting in impaired cognitive function consciousness, requiring the assistance more) severe hypoglycemic episodes in that occurred without warning in the of another person, or resulting in the last 5 years. His endocrinologist past 12 months and no recurrent (2 or impaired cognitive function that certifies that Mr. Garriott understands more) severe hypoglycemic episodes in occurred without warning in the past 12 diabetes management and monitoring, the last 5 years. His endocrinologist months and no recurrent (2 or more) has stable control of his diabetes using certifies that Mr. Hagen understands severe hypoglycemic episodes in the insulin, and is able to drive a CMV diabetes management and monitoring, last 5 years. His endocrinologist certifies safely. Mr. Garriott meets the has stable control of his diabetes using that Mr. Huelskamp understands requirements of the vision standard at insulin, and is able to drive a CMV diabetes management and monitoring, 49 CFR 391.41(b)(10). His optometrist safely. Mr. Hagen meets the has stable control of his diabetes using examined him in 2016 and certified that requirements of the vision standard at insulin, and is able to drive a CMV he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist safely. Mr. Huelskamp meets the He holds a Class A CDL from Wyoming. examined him in 2016 and certified that requirements of the vision standard at he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His David J. Goergen He holds an operator’s license from ophthalmologist examined him in 2016 Mr. Goergen, 40, has had ITDM since Wisconsin. and certified that he has stable 2015. His endocrinologist examined him proliferative diabetic retinopathy. He Charles D. Hall in 2016 and certified that he has had no holds a Class A CDL from Ohio. severe hypoglycemic reactions resulting Mr. Hall, 61, has had ITDM since in loss of consciousness, requiring the 2012. His endocrinologist examined him Dennis S. Hughes assistance of another person, or in 2016 and certified that he has had no Mr. Hughes, 60, has had ITDM since resulting in impaired cognitive function severe hypoglycemic reactions resulting 2008. His endocrinologist examined him that occurred without warning in the in loss of consciousness, requiring the in 2016 and certified that he has had no past 12 months and no recurrent (2 or assistance of another person, or severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in resulting in impaired cognitive function in loss of consciousness, requiring the the last 5 years. His endocrinologist that occurred without warning in the assistance of another person, or certifies that Mr. Goergen understands past 12 months and no recurrent (2 or resulting in impaired cognitive function diabetes management and monitoring, more) severe hypoglycemic episodes in that occurred without warning in the has stable control of his diabetes using the last 5 years. His endocrinologist past 12 months and no recurrent (2 or insulin, and is able to drive a CMV certifies that Mr. Hall understands more) severe hypoglycemic episodes in safely. Mr. Goergen meets the diabetes management and monitoring, the last 5 years. His endocrinologist requirements of the vision standard at has stable control of his diabetes using certifies that Mr. Hughes understands 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV diabetes management and monitoring, examined him in 2016 and certified that safely. Mr. Hall meets the requirements has stable control of his diabetes using he does not have diabetic retinopathy. of the vision standard at 49 CFR insulin, and is able to drive a CMV He holds a Class A CDL from 391.41(b)(10). His optometrist examined safely. Mr. Hughes meets the Minnesota. him in 2016 and certified that he does requirements of the vision standard at not have diabetic retinopathy. He holds 49 CFR 391.41(b)(10). His Pedro L. Gonzalez a Class A CDL from California. ophthalmologist examined him in 2016 Mr. Gonzalez, 56, has had ITDM since and certified that he does not have Daniel O. Hawley 1999. His endocrinologist examined him diabetic retinopathy. He holds a Class B in 2016 and certified that he has had no Mr. Hawley, 59, has had ITDM since CDL from Texas. severe hypoglycemic reactions resulting 2016. His endocrinologist examined him in loss of consciousness, requiring the in 2016 and certified that he has had no Bonita K. Hunt assistance of another person, or severe hypoglycemic reactions resulting Ms. Hunt, 49, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 2015. Her endocrinologist examined her that occurred without warning in the assistance of another person, or in 2016 and certified that she has had past 12 months and no recurrent (2 or resulting in impaired cognitive function no severe hypoglycemic reactions more) severe hypoglycemic episodes in that occurred without warning in the resulting in loss of consciousness, the last 5 years. His endocrinologist past 12 months and no recurrent (2 or requiring the assistance of another certifies that Mr. Gonzalez understands more) severe hypoglycemic episodes in person, or resulting in impaired diabetes management and monitoring, the last 5 years. His endocrinologist cognitive function that occurred without has stable control of his diabetes using certifies that Mr. Hawley understands warning in the past 12 months and no

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recurrent (2 or more) severe resulting in impaired cognitive function resulting in impaired cognitive function hypoglycemic episodes in the last 5 that occurred without warning in the that occurred without warning in the years. Her endocrinologist certifies that past 12 months and no recurrent (2 or past 12 months and no recurrent (2 or Ms. Hunt understands diabetes more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in management and monitoring has stable the last 5 years. His endocrinologist the last 5 years. His endocrinologist control of her diabetes using insulin, certifies that Mr. Kidd understands certifies that Mr. Lester understands and is able to drive a CMV safely. Ms. diabetes management and monitoring, diabetes management and monitoring, Hunt meets the requirements of the has stable control of his diabetes using has stable control of his diabetes using vision standard at 49 CFR 391.41(b)(10). insulin, and is able to drive a CMV insulin, and is able to drive a CMV Her ophthalmologist examined her in safely. Mr. Kidd meets the requirements safely. Mr. Lester meets the 2016 and certified that she does not of the vision standard at 49 CFR requirements of the vision standard at diabetic retinopathy. She holds a Class 391.41(b)(10). His optometrist examined 49 CFR 391.41(b)(10). His C CDL from North Carolina. him in 2016 and certified that he does ophthalmologist examined him in 2016 not have diabetic retinopathy. He holds and certified that he has stable John M. Isley an operator’s license from Maryland. nonproliferative diabetic retinopathy. Mr. Isley, 47, has had ITDM since He holds a Class A CDL from Virginia. 2009. His endocrinologist examined him Craig T. Kite in 2016 and certified that he has had no Mr. Kite, 51, has had ITDM since Eric T. Maier severe hypoglycemic reactions resulting 2012. His endocrinologist examined him Mr. Maier, 52, has had ITDM since in loss of consciousness, requiring the in 2016 and certified that he has had no 2015. His endocrinologist examined him assistance of another person, or severe hypoglycemic reactions resulting in 2016 and certified that he has had no resulting in impaired cognitive function in loss of consciousness, requiring the severe hypoglycemic reactions resulting that occurred without warning in the assistance of another person, or in loss of consciousness, requiring the past 12 months and no recurrent (2 or resulting in impaired cognitive function assistance of another person, or more) severe hypoglycemic episodes in that occurred without warning in the resulting in impaired cognitive function the last 5 years. His endocrinologist past 12 months and no recurrent (2 or that occurred without warning in the certifies that Mr. Isley understands more) severe hypoglycemic episodes in past 12 months and no recurrent (2 or diabetes management and monitoring, the last 5 years. His endocrinologist more) severe hypoglycemic episodes in has stable control of his diabetes using certifies that Mr. Kite understands the last 5 years. His endocrinologist insulin, and is able to drive a CMV diabetes management and monitoring, certifies that Mr. Maier understands safely. Mr. Isley meets the requirements has stable control of his diabetes using diabetes management and monitoring, of the vision standard at 49 CFR insulin, and is able to drive a CMV has stable control of his diabetes using 391.41(b)(10). His optometrist examined safely. Mr. Kite meets the requirements insulin, and is able to drive a CMV him in 2015 and certified that he does of the vision standard at 49 CFR safely. Mr. Maier meets the not have diabetic retinopathy. He holds 391.41(b)(10). His optometrist examined requirements of the vision standard at an operator’s license from North him in 2016 and certified that he does 49 CFR 391.41(b)(10). His optometrist Carolina. not have diabetic retinopathy. He holds examined him in 2016 and certified that a Class B CDL from Ohio. he does not have diabetic retinopathy. John T. Jameson He holds a Class A CDL from California. Mr. Jameson, 81, has had ITDM since Donald E. Knowles 2005. His endocrinologist examined him Mr. Knowles, 54, has had ITDM since Javier Melendez in 2016 and certified that he has had no 2016. His endocrinologist examined him Mr. Melendez, 56, has had ITDM severe hypoglycemic reactions resulting in 2016 and certified that he has had no since 2007. His endocrinologist in loss of consciousness, requiring the severe hypoglycemic reactions resulting examined him in 2016 and certified that assistance of another person, or in loss of consciousness, requiring the he has had no severe hypoglycemic resulting in impaired cognitive function assistance of another person, or reactions resulting in loss of that occurred without warning in the resulting in impaired cognitive function consciousness, requiring the assistance past 12 months and no recurrent (2 or that occurred without warning in the of another person, or resulting in more) severe hypoglycemic episodes in past 12 months and no recurrent (2 or impaired cognitive function that the last 5 years. His endocrinologist more) severe hypoglycemic episodes in occurred without warning in the past 12 certifies that Mr. Jameson understands the last 5 years. His endocrinologist months and no recurrent (2 or more) diabetes management and monitoring, certifies that Mr. Knowles understands severe hypoglycemic episodes in the has stable control of his diabetes using diabetes management and monitoring, last 5 years. His endocrinologist certifies insulin, and is able to drive a CMV has stable control of his diabetes using that Mr. Melendez understands diabetes safely. Mr. Jameson meets the insulin, and is able to drive a CMV management and monitoring, has stable requirements of the vision standard at safely. Mr. Knowles meets the control of his diabetes using insulin, 49 CFR 391.41(b)(10). His requirements of the vision standard at and is able to drive a CMV safely. Mr. ophthalmologist examined him in 2016 49 CFR 391.41(b)(10). His optometrist Melendez meets the requirements of the and certified that he does not have examined him in 2016 and certified that vision standard at 49 CFR 391.41(b)(10). diabetic retinopathy. He holds an he does not have diabetic retinopathy. His ophthalmologist examined him in operator’s license from Missouri. He holds a Class B CDL from Iowa. 2016 and certified that he does not have diabetic retinopathy. He holds an Jeffrey A. Kidd Kevin E. Lester operator’s license from Texas. Mr. Kidd, 53, has had ITDM since Mr. Lester, 50, has had ITDM since 2013. His endocrinologist examined him 2014. His endocrinologist examined him Brenda L. Mitchell in 2016 and certified that he has had no in 2016 and certified that he has had no Ms. Mitchell, 67, has had ITDM since severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting 2012. Her endocrinologist examined her in loss of consciousness, requiring the in loss of consciousness, requiring the in 2016 and certified that she has had assistance of another person, or assistance of another person, or no severe hypoglycemic reactions

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resulting in loss of consciousness, in 2016 and certified that he has had no Sean A. Rivera requiring the assistance of another severe hypoglycemic reactions resulting Mr. Rivera, 28, has had ITDM since person, or resulting in impaired in loss of consciousness, requiring the 2004. His endocrinologist examined him cognitive function that occurred without assistance of another person, or in 2016 and certified that he has had no warning in the past 12 months and no resulting in impaired cognitive function severe hypoglycemic reactions resulting recurrent (2 or more) severe that occurred without warning in the in loss of consciousness, requiring the hypoglycemic episodes in the last 5 past 12 months and no recurrent (2 or assistance of another person, or years. Her endocrinologist certifies that more) severe hypoglycemic episodes in resulting in impaired cognitive function Ms. Mitchell understands diabetes the last 5 years. His endocrinologist that occurred without warning in the management and monitoring has stable certifies that Mr. Pedro understands past 12 months and no recurrent (2 or control of her diabetes using insulin, diabetes management and monitoring, more) severe hypoglycemic episodes in and is able to drive a CMV safely. Ms. has stable control of his diabetes using the last 5 years. His endocrinologist Mitchell meets the requirements of the insulin, and is able to drive a CMV certifies that Mr. Rivera understands vision standard at 49 CFR 391.41(b)(10). safely. Mr. Pedro meets the diabetes management and monitoring, Her optometrist examined her in 2016 requirements of the vision standard at has stable control of his diabetes using and certified that she does not have 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV diabetic retinopathy. She holds an ophthalmologist examined him in 2016 operator’s license from Kentucky. safely. Mr. Rivera meets the and certified that he does not have requirements of the vision standard at Terry L. Neiman diabetic retinopathy. He holds a Class B 49 CFR 391.41(b)(10). His optometrist Mr. Neiman, 65, has had ITDM since CDL from New York. examined him in 2016 and certified that 2015. His endocrinologist examined him Vernon Piper he does not have diabetic retinopathy. in 2016 and certified that he has had no He holds an operator’s license from severe hypoglycemic reactions resulting Mr. Piper, 59, has had ITDM since Arizona. in loss of consciousness, requiring the 2014. His endocrinologist examined him Kevin L. Ross assistance of another person, or in 2016 and certified that he has had no resulting in impaired cognitive function severe hypoglycemic reactions resulting Mr. Ross, 42, has had ITDM since that occurred without warning in the in loss of consciousness, requiring the 2016. His endocrinologist examined him past 12 months and no recurrent (2 or assistance of another person, or in 2016 and certified that he has had no more) severe hypoglycemic episodes in resulting in impaired cognitive function severe hypoglycemic reactions resulting the last 5 years. His endocrinologist that occurred without warning in the in loss of consciousness, requiring the certifies that Mr. Neiman understands past 12 months and no recurrent (2 or assistance of another person, or diabetes management and monitoring, more) severe hypoglycemic episodes in resulting in impaired cognitive function has stable control of his diabetes using the last 5 years. His endocrinologist that occurred without warning in the insulin, and is able to drive a CMV certifies that Mr. Piper understands past 12 months and no recurrent (2 or safely. Mr. Neiman meets the diabetes management and monitoring, more) severe hypoglycemic episodes in requirements of the vision standard at has stable control of his diabetes using the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV certifies that Mr. Ross understands examined him in 2016 and certified that safely. Mr. Piper meets the requirements diabetes management and monitoring, he does not have diabetic retinopathy. of the vision standard at 49 CFR has stable control of his diabetes using He holds a Class B CDL from 391.41(b)(10). His optometrist examined insulin, and is able to drive a CMV Pennsylvania. him in 2016 and certified that he does safely. Mr. Ross meets the requirements of the vision standard at 49 CFR Peter Z. Pall not have diabetic retinopathy. He holds a Class B CDL from New York. 391.41(b)(10). His optometrist examined Mr. Pall, 52, has had ITDM since him in 2016 and certified that he does 2010. His endocrinologist examined him Angelo Renieris not have diabetic retinopathy. He holds in 2016 and certified that he has had no a Class A CDL from Alaska. Mr. Renieris, 37, has had ITDM since severe hypoglycemic reactions resulting James R. Sauceda in loss of consciousness, requiring the 1982. His endocrinologist examined him assistance of another person, or in 2016 and certified that he has had no Mr. Sauceda, 40, has had ITDM since resulting in impaired cognitive function severe hypoglycemic reactions resulting 2014. His endocrinologist examined him that occurred without warning in the in loss of consciousness, requiring the in 2016 and certified that he has had no past 12 months and no recurrent (2 or assistance of another person, or severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in resulting in impaired cognitive function in loss of consciousness, requiring the the last 5 years. His endocrinologist that occurred without warning in the assistance of another person, or certifies that Mr. Pall understands past 12 months and no recurrent (2 or resulting in impaired cognitive function diabetes management and monitoring, more) severe hypoglycemic episodes in that occurred without warning in the has stable control of his diabetes using the last 5 years. His endocrinologist past 12 months and no recurrent (2 or insulin, and is able to drive a CMV certifies that Mr. Renieris understands more) severe hypoglycemic episodes in safely. Mr. Pall meets the requirements diabetes management and monitoring, the last 5 years. His endocrinologist of the vision standard at 49 CFR has stable control of his diabetes using certifies that Mr. Sauceda understands 391.41(b)(10). His optometrist examined insulin, and is able to drive a CMV diabetes management and monitoring, him in 2016 and certified that he does safely. Mr. Renieris meets the has stable control of his diabetes using not have diabetic retinopathy. He holds requirements of the vision standard at insulin, and is able to drive a CMV an operator’s license from Florida. 49 CFR 391.41(b)(10). His safely. Mr. Sauceda meets the ophthalmologist examined him in 2016 requirements of the vision standard at Joaquim Pedro and certified that he has stable 49 CFR 391.41(b)(10). His Mr. Pedro, 36, has had ITDM since nonproliferative diabetic retinopathy. ophthalmologist examined him in 2016 2007. His endocrinologist examined him He holds a Class B CDL from New York. and certified that he has stable

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nonproliferative diabetic retinopathy. of the vision standard at 49 CFR has stable control of his diabetes using He holds a Class A CDL from New 391.41(b)(10). His optometrist examined insulin, and is able to drive a CMV Mexico. him in 2016 and certified that he does safely. Mr. Wilson meets the not have diabetic retinopathy. He holds requirements of the vision standard at Kevin Stead an operator’s license from South Dakota. 49 CFR 391.41(b)(10). His optometrist Mr. Stead, 49, has had ITDM since examined him in 2016 and certified that Tony B. Wetherell 2006. His endocrinologist examined him he does not have diabetic retinopathy. in 2016 and certified that he has had no Mr. Wetherell, 51, has had ITDM He holds a Class A CDL from Illinois. severe hypoglycemic reactions resulting since 2015. His endocrinologist in loss of consciousness, requiring the examined him in 2016 and certified that Don E. Wood, Jr. assistance of another person, or he has had no severe hypoglycemic Mr. Wood, 53, has had ITDM since resulting in impaired cognitive function reactions resulting in loss of 2015. His endocrinologist examined him that occurred without warning in the consciousness, requiring the assistance in 2016 and certified that he has had no past 12 months and no recurrent (2 or of another person, or resulting in severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in impaired cognitive function that in loss of consciousness, requiring the the last 5 years. His endocrinologist occurred without warning in the past 12 assistance of another person, or certifies that Mr. Stead understands months and no recurrent (2 or more) resulting in impaired cognitive function diabetes management and monitoring, severe hypoglycemic episodes in the that occurred without warning in the has stable control of his diabetes using last 5 years. His endocrinologist certifies past 12 months and no recurrent (2 or insulin, and is able to drive a CMV that Mr. Wetherell understands diabetes more) severe hypoglycemic episodes in safely. Mr. Stead meets the requirements management and monitoring, has stable the last 5 years. His endocrinologist of the vision standard at 49 CFR control of his diabetes using insulin, certifies that Mr. Wood understands 391.41(b)(10). His ophthalmologist and is able to drive a CMV safely. Mr. diabetes management and monitoring, examined him in 2016 and certified that Wetherell meets the requirements of the has stable control of his diabetes using he does not have diabetic retinopathy. vision standard at 49 CFR 391.41(b)(10). insulin, and is able to drive a CMV He holds a Class A CDL from New His optometrist examined him in 2016 safely. Mr. Wood meets the Jersey. and certified that he does not have requirements of the vision standard at diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His Jacob P. Trommer CDL from Minnesota. ophthalmologist examined him in 2016 Mr. Trommer, 22, has had ITDM since and certified that he does not have Mark A. Williams 2001. His endocrinologist examined him diabetic retinopathy. He holds an in 2016 and certified that he has had no Mr. Williams, 55, has had ITDM since operator’s license from Texas. severe hypoglycemic reactions resulting 2015. His endocrinologist examined him in loss of consciousness, requiring the in 2016 and certified that he has had no Kirk M. Wright assistance of another person, or severe hypoglycemic reactions resulting Mr. Wright, 36, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 2003. His endocrinologist examined him that occurred without warning in the assistance of another person, or in 2016 and certified that he has had no past 12 months and no recurrent (2 or resulting in impaired cognitive function severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in that occurred without warning in the in loss of consciousness, requiring the the last 5 years. His endocrinologist past 12 months and no recurrent (2 or assistance of another person, or certifies that Mr. Trommer understands more) severe hypoglycemic episodes in resulting in impaired cognitive function diabetes management and monitoring, the last 5 years. His endocrinologist that occurred without warning in the has stable control of his diabetes using certifies that Mr. Williams understands past 12 months and no recurrent (2 or insulin, and is able to drive a CMV diabetes management and monitoring, more) severe hypoglycemic episodes in safely. Mr. Trommer meets the has stable control of his diabetes using the last 5 years. His endocrinologist requirements of the vision standard at insulin, and is able to drive a CMV certifies that Mr. Wright understands 49 CFR 391.41(b)(10). His optometrist safely. Mr. Williams meets the diabetes management and monitoring, examined him in 2016 and certified that requirements of the vision standard at has stable control of his diabetes using he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV He holds an operator’s license from ophthalmologist examined him in 2016 safely. Mr. Wright meets the Ohio. and certified that he has stable requirements of the vision standard at nonproliferative diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist Nicholas D. Wall He holds an operator’s license from examined him in 2016 and certified that Mr. Wall, 25, has had ITDM since Georgia. he does not have diabetic retinopathy. 2000. His endocrinologist examined him He holds an operator’s license from Steven M. Wilson in 2016 and certified that he has had no Nebraska. severe hypoglycemic reactions resulting Mr. Wilson, 56, has had ITDM since in loss of consciousness, requiring the 2015. His endocrinologist examined him Charles P. Zenns assistance of another person, or in 2016 and certified that he has had no Mr. Zenns, 50, has had ITDM since resulting in impaired cognitive function severe hypoglycemic reactions resulting 2015. His endocrinologist examined him that occurred without warning in the in loss of consciousness, requiring the in 2016 and certified that he has had no past 12 months and no recurrent (2 or assistance of another person, or severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in resulting in impaired cognitive function in loss of consciousness, requiring the the last 5 years. His endocrinologist that occurred without warning in the assistance of another person, or certifies that Mr. Wall understands past 12 months and no recurrent (2 or resulting in impaired cognitive function diabetes management and monitoring, more) severe hypoglycemic episodes in that occurred without warning in the has stable control of his diabetes using the last 5 years. His endocrinologist past 12 months and no recurrent (2 or insulin, and is able to drive a CMV certifies that Mr. Wilson understands more) severe hypoglycemic episodes in safely. Mr. Wall meets the requirements diabetes management and monitoring, the last 5 years. His endocrinologist

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certifies that Mr. Zenns understands Therefore, all of the requirements set DEPARTMENT OF TRANSPORTATION diabetes management and monitoring, out in the September 3, 2003 notice, has stable control of his diabetes using except as modified by the notice in the Federal Motor Carrier Safety insulin, and is able to drive a CMV Federal Register on November 8, 2005 Administration safely. Mr. Zenns meets the (70 FR 67777), remain in effect. [Docket No. FMCSA–2015–0460] requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist IV. Submitting Comments Hours of Service of Drivers: examined him in 2016 and certified that You may submit your comments and Application for Exemption; Farruggio’s he does not have diabetic retinopathy. Express He holds a Class A CDL from New York. material online or by fax, mail, or hand delivery, but please use only one of AGENCY: Federal Motor Carrier Safety III. Request for Comments these means. FMCSA recommends that Administration (FMCSA), DOT. In accordance with 49 U.S.C. 31136(e) you include your name and a mailing ACTION: Notice of final disposition; grant and 31315, FMCSA requests public address, an email address, or a phone of application for exemption. comment from all interested persons on number in the body of your document the exemption petitions described in so that FMCSA can contact you if there SUMMARY: FMCSA announces its this notice. We will consider all are questions regarding your decision to grant Farruggio’s Express comments received before the close of submission. (Farruggio), an exemption from the business on the closing date indicated timecard requirements for its drivers To submit your comment online, go to in the date section of the notice. who may not meet all of the conditions FMCSA notes that section 4129 of the http://www.regulations.gov and in the for use of the logbook exception for Safe, Accountable, Flexible and search box insert the docket number operations within a 100 air-mile radius Efficient Transportation Equity Act: A FMCSA–2016–0216 and click the search of the normal work reporting location. Legacy for Users requires the Secretary button. When the new screen appears, This exemption enables Farruggio’s to revise its diabetes exemption program click on the blue ‘‘Comment Now!’’ drivers who stay within the 100 air-mile established on September 3, 2003 (68 FR button on the right hand side of the radius, but may occasionally exceed the 52441).1 The revision must provide for page. On the new page, enter 12 hour limitation, from having to individual assessment of drivers with information required including the complete a daily record of duty status diabetes mellitus, and be consistent specific section of this document to (RODS). Instead, the drivers would at all with the criteria described in section which each comment applies, and times use an electronic logging system 4018 of the Transportation Equity Act provide a reason for each suggestion or called Geotab to track HOS data, for the 21st Century (49 U.S.C. 31305). recommendation. If you submit your including real-time vehicle locations. Section 4129 requires: (1) Elimination comments by mail or hand delivery, FMCSA has analyzed the exemption of the requirement for 3 years of submit them in an unbound format, no application and the public comments experience operating CMVs while being larger than 81⁄2 by 11 inches, suitable for and has determined that the exemption, treated with insulin; and (2) copying and electronic filing. If you subject to the terms and conditions establishment of a specified minimum submit comments by mail and would imposed, will likely achieve a level of period of insulin use to demonstrate safety that is equivalent to, or greater stable control of diabetes before being like to know that they reached the facility, please enclose a stamped, self- than, the level that would be achieved allowed to operate a CMV. absent such exemption. In response to section 4129, FMCSA addressed postcard or envelope. DATES: The exemption is effective from made immediate revisions to the We will consider all comments and August 10, 2016 through August 10, diabetes exemption program established material received during the comment 2021. by the September 3, 2003 notice. period. FMCSA may issue a final FMCSA discontinued use of the 3-year determination at any time after the close FOR FURTHER INFORMATION CONTACT: Mr. driving experience and fulfilled the of the comment period. Thomas Yager, Chief, FMCSA Driver requirements of section 4129 while and Carrier Operations Division; Office continuing to ensure that operation of V. Viewing Comments and Documents of Carrier, Driver and Vehicle Safety CMVs by drivers with ITDM will Standards; Telephone: 614–942–6477. To view comments, as well as any achieve the requisite level of safety Email: [email protected]. documents mentioned in this preamble, required of all exemptions granted SUPPLEMENTARY INFORMATION: under 49 U.S.C. 31136(e). go to http://www.regulations.gov and in Section 4129(d) also directed FMCSA the search box insert the docket number Background to ensure that drivers of CMVs with FMCSA–2016–0216 and click ‘‘Search.’’ FMCSA has authority under 49 U.S.C. ITDM are not held to a higher standard Next, click ‘‘Open Docket Folder’’ and 31136(e) and 31315 to grant exemptions than other drivers, with the exception of you will find all documents and from the Federal Motor Carrier Safety limited operating, monitoring and comments related to this notice. Regulations. FMCSA must publish a medical requirements that are deemed Issued on: August 1, 2016. notice of each exemption request in the medically necessary. Larry W. Minor, Federal Register (49 CFR 381.315(a)). The FMCSA concluded that all of the The Agency must provide the public an Associate Administrator for Policy. operating, monitoring and medical opportunity to inspect the information requirements set out in the September 3, [FR Doc. 2016–18984 Filed 8–9–16; 8:45 am] relevant to the application, including 2003 notice, except as modified, were in BILLING CODE 4910–EX–P any safety analyses that have been compliance with section 4129(d). conducted. The Agency must also provide an opportunity for public 1 Section 4129(a) refers to the 2003 notice as a comment on the request. ‘‘final rule.’’ However, the 2003 notice did not issue a ‘‘final rule’’ but did establish the procedures and The Agency reviews the safety standards for issuing exemptions for drivers with analyses and the public comments, and ITDM. determines whether granting the

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exemption would likely achieve a level drivers’ hours driven and hours worked Commenters opposing the request of safety equivalent to, or greater than, daily. stated that extending the work day for the level that would be achieved by the Farruggio believes that the use of the a local or regional driver but not an current regulation (49 CFR 381.305). Geotab 7 system, along with its over-the-road driver does not improve The decision of the Agency must be increased focus on driver training and safety, as these rules are in place for published in the Federal Register (49 education, demonstrates its safety reasons, not for convenience. CFR 381.315(b)) with the reason for the commitment to more than simple Others said that studies consistently grant or denial, and, if granted, the compliance with the Federal point to driver fatigue as a major safety specific person or class of persons regulations. The system has allowed and concern because it contributes to a receiving the exemption, and the will continue to allow Farruggio to significant percentage of fatal truck regulatory provision or provisions from enhance timely safety oversight and crashes in this country. The HOS rules which exemption is granted. The notice reduce driver fatigue. Farruggio believes are designed to prevent crashes and save must also specify the effective period of that its exemption application lives. Motor carriers across the country the exemption (up to 5 years), and incorporates safety technologies that go face wait times at rail yards, explain the terms and conditions of the beyond minimal compliance, and will warehouses, and other locations, and exemption. The exemption may be enable the company to maintain a level each has found ways to adjust its renewed (49 CFR 381.300(b)). of safety that is equivalent to or greater operations in anticipation of these than the level of safety provided under Request for Exemption expected operational delays. Granting the rule. Farruggio’s request would establish a Farruggio services railroad ramps and Public Comments bad precedent and necessitate the maritime piers in the eastern United extension of this recordkeeping relief to States. Its regional programs include On February 12, 2016, FMCSA others. Therefore, granting this or any published notice of this application and truckload and less-than-truckload other exemption to the HOS rules only requested public comment (81 FR 7626). service (dry van, flat bed and reefers) as serves to diminish their efficacy. The Agency received 17 comments. well as piggyback and container service. All comments are available for review Supporting the exemption request were All of Farruggio’s drivers— in the docket for this notice. approximately 95 to 100—and CMVs four motor carriers (TCW, Inc., Tiger would operate under the terms of the Cool Express, Rail Delivery Services for FMCSA Decision requested exemption. itself and four other carriers, and Evans FMCSA has evaluated Farruggio’s Virtually all of Farruggio’s drivers Delivery Company), two insurance firms application for exemption and the operate within a 50- to 60-mile radius of (Baldwin & Lyons and Marsh McLennan public comments and decided to grant their home terminal. They are home Agency), the Intermodal Association of the exemption. The Agency believes every day and for the most part meet the North America, and six individuals that Farruggio’s overall safety requirements and conditions for the (Fred Marsicano, Ron Dorazio, Thomas performance as reflected in its Safety logbook exception in 49 CFR 395.1(e)(1). Michel, Matt Carlton, Charles Bernier, Management System (SMS) ratings and Some of these drivers record their hours and Val Noel). Opposed were one its adoption of several fatigue and crash worked, while others record time in and carrier (Randy Mower) and three counter-measures, will enable it to out and total hours worked for the day individuals (Karl Penner, Lt. Raymond achieve a level of safety that is on a worksheet provided to Farruggio. Cook, and Robert Vice). equivalent to, or greater than, the level The company’s application would Those supporting the request believe of safety achieved without the exempt company drivers who stay the ongoing and diligent use of exemption (49 CFR 381.305(a)). within the 100 air-mile radius, but who Farruggio’s telematics system is superior FMCSA believes that Farruggio’s use may occasionally exceed the 12-hour to a manual ‘‘honor system’’ to record of the Geotab 7 system raises the limitation, from having to complete a driver work day information because it company’s efforts to more than basic daily RODS. These drivers nonetheless automates data collection and is compliance. With the use of the return to the terminal within the normal therefore more precise and less error electronic system, Farruggio’s 14-hour driving window. prone than a paper RODS system. They While Farruggio meets the further believe the use of the Geotab7 management is notified of safety-critical requirements of the 100 air-mile radius system for safety management through events as they occur so that they can exception, and believes that its drivers’ identification of driving events is better take immediate corrective action. hours are being recorded accurately, it at reducing crashes than a system which This exemption would not extend the has adopted a vehicle recording device depends on citations, public reports of driving window beyond the basic limit that it claims exceeds the current HOS reckless driving, or actual crashes as of 14 hours. It substitutes a logbook recording requirements. indicators of inappropriate driving technological HOS recordkeeping Farruggio stated that the use of this behaviors. Farruggio’s proposed terms system for a system using only time device—the Geotab7—increases safety indicate a strong commitment to safety, cards, and provides additional safety and accurately records all of the drivers’ compliance, and transparency as measures stated in the terms of the activities, including on-duty and driving indicated by its willingness to give exemption. FMCSA has therefore time as well as total hours for that day. FMCSA and our State enforcement decided to grant the exemption, subject This device has been installed in all of partners access to its data to use as a to the terms and conditions outlined Farruggio’s CMVs, and, according to the training and monitoring tool. Lastly, the below. applicant, exceeds even the use of this technology will aid Farruggio Terms and Conditions of the Exemption requirements of FMCSA’s Electronic to proactively identify safety and Logging Device (ELD) rule. The Geotab compliance issues and to address them Terms of the Exemption 7’s global positioning system (GPS) before they become more serious. ELD • Farruggio’s drivers who stay within technology allows Farruggio to track technology is a better means to record the 100 air-mile radius, but may vehicles, monitor all vehicle activities and maintain driver HOS, as well as the occasionally exceed the 12 hour through connection to the engine standard FMCSA will soon require limitation are exempt from having to control module, and accurately report motor carriers to meet. complete a daily record of duty status

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(RODS) at those times if, at all times, 390.5), involving any of the motor from the FRA Administrator and the their hours of service data is being carrier’s drivers operating under the Associate Administrator for Railroad recorded by the Geotab system. terms of this exemption. The Safety and Chief Safety Officer. The • This exemption does not permit notification must include the following Remote Control Locomotive, Track driving past the 14-hour limit. information: Standards, Hazardous Materials Issues, • The exemption is contingent upon (a) Identity of Exemption: and Rail Integrity Working Groups, and Farruggio maintaining USDOT ‘‘FARRUGGIO’’ Engineering Task Force will provide registration, minimum levels of public (b) Date of the accident, status reports. Informational liability insurance, and not being (c) City or town, and State, in which presentations will be provided on the subject to any ‘‘imminent hazard’’ or the accident occurred, or closest to the high-speed passenger rail equipment other out-of-service (OOS) order issued accident scene, (Tier III) rulemaking; the System Safety by FMCSA. (d) Driver’s name and license number, Plan rulemaking; the status of Positive • Drivers must have a copy of this (e) Co-driver’s name and license Train Control implementation; the notice or equivalent signed FMCSA number, Maintenance-of-Way, Drug and Alcohol, exemption document in their possession (f) Vehicle number and State license and Roadway Worker Protection final while operating under the terms of the number, rules; and the potential certification of exemption. The exemption document (g) Number of individuals suffering dispatchers and signal maintainers. This must be presented to law enforcement physical injury, agenda is subject to change, including officials upon request. (h) Number of fatalities, the adding more proposed tasks. • Farruggio must have a (i) The police-reported cause of the DATES: The RSAC meeting is scheduled ‘‘Satisfactory’’ safety rating with accident, to commence at 9:30 a.m. on Thursday, FMCSA, or be ‘‘unrated.’’ (Void if (j) Whether the driver was cited for September 15, 2016, and will adjourn by FMCSA discontinues this type of violation of any traffic laws, motor 4:30 p.m. carrier safety regulations, and ratings.) ADDRESSES: The RSAC meeting will be • Farruggio must not have an ‘‘alert’’ (k) The total driving time and total on- duty time period prior to the accident. held at the National Association of in the SMS ‘‘BASIC’’ for HOS, as Home Builders, National Housing displayed at http://ai.fmcsa.dot.gov/ Accident notifications shall be emailed to [email protected]. Center, located at 1201 15th Street NW., sms/. Washington, DC 20005. The meeting is • Drivers operating under the Termination open to the public on a first-come, first- exemption must comply with all other FMCSA believes that Farruggio’s served basis, and is accessible to applicable provisions of the FMCSRs, drivers will continue to maintain their individuals with disabilities. Sign and including those pertaining to Automatic previous safety record while operating oral interpretation can be made Onboard Recording Devices and under this exemption. However, should available if requested 10 calendar days Electronic Logging Devices. problems occur, FMCSA will take all before the meeting. Period of the Exemption steps necessary to protect the public FOR FURTHER INFORMATION CONTACT: Kenton Kilgore, RSAC Administrative This exemption from the interest, including revocation or Officer/Coordinator, FRA, 1200 New requirements of 49 CFR 395.1(e)(1) is restriction of the exemption. FMCSA Jersey Avenue SE., Mailstop 25, effective from August 10, 2016 through will immediately revoke or restrict the Washington, DC 20590, (202) 493–6286; August 10, 2021. exemption for failure to comply with its terms and conditions. or Robert Lauby, Associate Extent of the Exemption Administrator for Railroad Safety and Issued on: July 29, 2016. Chief Safety Officer, FRA, 1200 New This exemption is limited to the T.F. Scott Darling, III, provisions of 49 CFR 395.1(e)(1) (Short Jersey Avenue SE., Mailstop 25, Administrator. Washington, DC 20590, (202) 493–6474. haul operations; 100 air-mile radius [FR Doc. 2016–18978 Filed 8–9–16; 8:45 am] driver). These drivers must comply with SUPPLEMENTARY INFORMATION: Under BILLING CODE 4910–EX–P all other applicable provisions of the Section 10(a)(2) of the Federal Advisory FMCSRs, including those pertaining to Committee Act (Pub. L. 92–463), FRA is giving notice of a meeting of the RSAC. Automatic Onboard Recording Devices DEPARTMENT OF TRANSPORTATION and Electronic Logging Devices. The RSAC was established to provide Federal Railroad Administration advice and recommendations to FRA on Preemption railroad safety matters. The RSAC is In accordance with 49 U.S.C. [Docket No. FRA–2000–7257, Notice No. 82] composed of 59 voting representatives 31313(d), as implemented by 49 CFR from 38 member organizations, Railroad Safety Advisory Committee; representing various rail industry 381.600, during the period this Notice of Meeting exemption is in effect, no State shall perspectives. In addition, there are non- enforce any law or regulation applicable AGENCY: Federal Railroad voting advisory representatives from the to interstate commerce that conflicts Administration (FRA), Department of agencies with railroad safety regulatory with or is inconsistent with this Transportation. responsibility in Canada and Mexico, exemption with respect to a firm or ACTION: Announcement of Railroad the National Transportation Safety person operating under the exemption. Safety Advisory Committee (RSAC) Board, and the Federal Transit States may, but are not required to, meeting. Administration. The diversity of the adopt the same exemption with respect RSAC ensures the requisite range of to operations in intrastate commerce. SUMMARY: FRA announces the fifty-sixth views and expertise necessary to meeting of the RSAC, a Federal discharge its responsibilities. See the Notification to FMCSA Advisory Committee that develops RSAC Web site for details on prior Under this exemption, Farruggio must railroad safety regulations through a RSAC activities and pending tasks at notify FMCSA within 5 business days of consensus process. The RSAC meeting http://rsac.fra.dot.gov/. Please refer to any accident (as defined in 49 CFR topics will include opening remarks the notice published in the Federal

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Register on March 11, 1996 (61 FR petition, are available for review online Issued in Washington, DC, on July 28, 9740), for additional information about at www.regulations.gov and in person at 2016. the RSAC. the U.S. Department of Transportation’s Robert C. Lauby, Issued in Washington, DC, on August 2, (DOT) Docket Operations Facility, 1200 Associate Administrator for Railroad Safety, 2016. New Jersey Avenue SE., W12–140, Chief Safety Officer. Robert C. Lauby, Washington, DC 20590. The Docket [FR Doc. 2016–18954 Filed 8–9–16; 8:45 am] Associate Administrator for Railroad Safety, Operations Facility is open from 9 a.m. BILLING CODE 4910–06–P Chief Safety Officer. to 5 p.m., Monday through Friday, [FR Doc. 2016–19010 Filed 8–9–16; 8:45 am] except Federal Holidays. DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–06–P Interested parties are invited to participate in these proceedings by Federal Railroad Administration DEPARTMENT OF TRANSPORTATION submitting written views, data, or [Docket Number FRA–2007–0030] comments. FRA does not anticipate Federal Railroad Administration scheduling a public hearing in Petition for Waiver of Compliance connection with these proceedings since [Docket Number FRA–2016–0056] In accordance with part 211 of title 49 the facts do not appear to warrant a Code of Federal Regulations (CFR), this Petition for Special Approval of hearing. If any interested party desires document provides the public notice Alternate Standard an opportunity for oral comment, they that by a document dated June 15, 2016, should notify FRA in writing before the the New Jersey Transit Corporation (NJ In accordance with part 238 of Title end of the comment period, and specify 49 Code of Federal Regulations (CFR), Transit) has petitioned the Federal the basis for their request. All Railroad Administration (FRA) for an this provides the public notice that by communications concerning these a document dated May 4, 2016, the extension of its existing waiver of proceedings should identify the Maryland Transit Administration (MTA) compliance from certain provisions of has requested a Special Approval of an appropriate Docket Number and may be the Federal railroad safety regulations. alternate standard for 49 CFR submitted by any of the following FRA assigned the petition Docket 238.311(a), Single car test, as prescribed methods: Number FRA–2007–0030. in 49 CFR 238.21(b), Special approval • Web site: http:// NJ Transit owns and operates procedure. The Federal Railroad www.regulations.gov. Follow the online Southern New Jersey Light Rail Transit, Administration (FRA) assigned the instructions for submitting comments. a commuter light rail transit system operating for approximately 34 miles request Docket Number FRA–2016– • Fax: 202–493–2251. 0056. between Trenton, NJ, and Camden, NJ. MTA requests consideration for • Mail: Docket Operations Facility, This commuter operation is also known Special Approval of the submitted U.S. Department of Transportation, 1200 as the River Line and operates over a alternate standard identified as ‘‘MARC New Jersey Avenue SE., W12–140, Conrail freight line. The operation uses Mechanical Department Single Car Air Washington, DC 20590. non-FRA-compliant diesel multiple unit trainsets during an exclusive passenger Brake Test—MARC IV Cab Standard • Hand Delivery: 1200 New Jersey period, temporally separated from Maintenance Instruction (SMI) M4– Avenue SE., Room W12–140, Conrail’s nightly freight operations over 06002’’ for single car testing of the Washington, DC 20590, between 9 a.m. the same tracks. NJ Transit first MARC IV cab cars. MTA states that the and 5 p.m., Monday through Friday, proposed alternative maintenance requested FRA approval of the shared except Federal Holidays. standard provides an equivalent level of use arrangement and the associated safety as the standard contained in Communications received by regulatory waivers for this operation on American Public Transportation September 9, 2016 will be considered by July 13, 1999, in Docket Number 1999– Association (APTA) PR–MS–005–98 FRA before final action is taken. 6135, and has received subsequent Rev. 2.1, which is incorporated by Comments received after that date will extensions and modifications of this reference at 49 CFR 238.311, Single car be considered as far as practicable. regulatory relief in 2004, 2005, 2006, test. MARC IV cab cars are equipped Anyone is able to search the 2007 (relating to ‘‘Extended Temporal with New York Air Brake CCBII electronic form of any written Separation Plan’’), 2008 (related to electronic locomotive brake equipment, communications and comments further modifications to the temporal and cannot be qualified for trailer car received into any of FRA’s dockets by separation plan and for allowing increased maximum operating speed of use with an unmodified version of the the name of the individual submitting referenced APTA standard. MTA 65 mph with 4 inches of cant the comment (or signing the document, considers that the information deficiency), 2012 (baselining all prior if submitted on behalf of an association, contained within its petition supports relief into sole Docket Number FRA– granting the use of an alternate standard business, labor union, etc.). In 2007–0030 so that all related waivers to the APTA PR–M–S–005–98 standard accordance with 5 U.S.C. 553(c), DOT would expire at the same time), and for single car testing of the MARC IV cab solicits comments from the public to again in 2013 (modification to include cars as requested, and seeks FRA better inform its processes. DOT posts relief from 49 CFR part 242, concurrence with MTA’s conclusions these comments, without edit, including Qualification and Certification of drawn regarding the equivalency of air any personal information the Conductors). brake system validation identified in commenter provides, to This request is consistent with the APTA PR–M–S–005–98 with www.regulations.gov, as described in requirements set forth in the ‘‘Statement implementation of the procedure, M4– the system of records notice (DOT/ALL– of Agency Policy Concerning 06002. 14 FDMS), which can be reviewed at Jurisdiction Over the Safety of Railroad Copies of these documents and the www.dot.gov/privacy. See also http:// Passenger Operations and Waivers petition, as well as any written www.regulations.gov/#!privacyNotice Related to Shared Use of the Tracks of communications concerning the for the privacy notice of regulations.gov. the General Railroad System by Light

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Rail and Conventional Equipment,’’ 65 All communications concerning these public body for any public purpose with FR 42529 (July 10, 2000); see also ‘‘Joint proceedings should identify the no further obligation to the Federal Statement of Agency Policy Concerning appropriate docket number (e.g., Waiver Government if, among other things, no Shared Use of the Tracks of the General Petition Docket Number FRA–2007– Federal agency is interested in acquiring Railroad System by Conventional 0030) and may be submitted by any of the asset for Federal use. Accordingly, Railroads and Light Rail Transit the following methods: FTA is issuing this Notice to advise Systems,’’ 65 FR 42626 (July 10, 2000). • Web site: http:// Federal Agencies that South Bend In its present petition, NJ Transit www.regulations.gov. Follow the online Public Transportation (‘‘Transpo’’) seeks an extension of the terms and instructions for submitting comments. intends to transfer the Leighton Parking conditions of the 2012 waiver of • Fax: 202–493–2251. Garage property (the ‘‘Facility’’) to the compliance, and respectfully requests • Mail: Docket Operations Facility, City of South Bend, acting by and that FRA incorporates the subsequent U.S. Department of Transportation, 1200 through its Board of Public Works (the terms and conditions granted in the New Jersey Avenue SE., W12–140, ‘‘City’’). The Facility is located at 109 2013 relief so that all waivers are Washington, DC 20590. West Jefferson Boulevard, South Bend, baselined from this time forward. NJ • Hand Delivery: 1200 New Jersey Indiana. It is in downtown South Bend Transit again seeks relief from the Avenue SE., Room W12–140, on a parcel of property bounded by following: 49 CFR part 219, Control of Washington, DC 20590, between 9 a.m. Michigan Street, Jefferson Boulevard, Alcohol and Drug Use; 49 CFR 221.13(a) and 5 p.m., Monday through Friday, Main Street, and Wayne Street. and 221.14(a) (related to rear end except Federal holidays. The Facility is a parking garage with marking devices); 49 CFR part 222, Use Communications received by approximately 215 underground parking of Locomotive Horns at Public Highway- September 26, 2016 will be considered spaces and aproximately 429 above- rail Grade Crossings (at locations and by FRA before final action is taken. ground parking spaces including all per the conditions of FRA’s November Comments received after that date will equipment used to control parking. 9, 2006 decision letter); 49 CFR 223.9(c), be considered as far as practicable. DATES: Effective Date: Any Federal (d), and 223.15(c) (related to safety Anyone is able to search the agency interested in acquiring the glazing); 49 CFR 229.125 (related to electronic form of any written Facility must notify the FTA Region V vehicle headlights and auxiliary lights); communications and comments Office of its interest by September 9, 49 CFR part 231, Railroad Safety received into any of our dockets by the 2016. Appliance Standards; 49 CFR name of the individual submitting the 234.105(c)(3) (related to grade crossing comment (or signing the document, if ADDRESSES: Interested parties should warning system activation failures); 49 submitted on behalf of an association, notify the Regional Office by writing to CFR 236.23, 236.502, 236.504, 236.507, business, labor union, etc.). In Marisol R. Simo´n, Regional 236.566 (related to railroad signal and accordance with 5 U.S.C. 553(c), DOT Administrator, Federal Transit train control systems); 49 CFR 238.113, solicits comments from the public to Administration, 200 West Adams, Suite 238.115(b)(4), 238.203, 238.205(a), better inform its processes. DOT posts 320, Chicago, IL 60606. 238.207, 238.209, 238.211, 238.213, these comments, without edit, including FOR FURTHER INFORMATION CONTACT: 238.215, 238.217, 238.221(a), 238.223, any personal information the Kathryn Loster, Regional Counsel, at 238.231(i), 238.233, 238.235, 238.237, commenter provides, to 312–353–3869. and 238.301–238.319 (related to various www.regulations.gov, as described in SUPPLEMENTARY INFORMATION: aspects of FRA’s passenger equipment the system of records notice (DOT/ALL– Background safety standards); 49 CFR part 239, 14 FDMS), which can be reviewed at Passenger Train Emergency www.dot.gov/privacy. See also http:// 49 U.S.C. Section 5334(h) provides Preparedness; and 49 CFR part 242. NJ www.regulations.gov/#!privacyNotice guidance on the transfer of assets no Transit also seeks FRA’s approval to for the privacy notice of regulations.gov. longer needed. Specifically, if a operate at 4 inches underbalance in recipient of FTA assistance decides an accordance with 49 CFR 213.57. Robert C. Lauby, asset acquired at least in part with A copy of the petition, as well as any Associate Administrator for Railroad Safety federal assistance is no longer needed written communications concerning the Chief Safety Officer. for the purpose for which it was petition, is available for review online at [FR Doc. 2016–18955 Filed 8–9–16; 8:45 am] acquired, the Secretary of www.regulations.gov and in person at BILLING CODE 4910–06–P Transportation may authorize the the U.S. Department of Transportation’s recipient to transfer the asset to a local (DOT) Docket Operations Facility, 1200 governmental authority to be used for a New Jersey Avenue SE., W12–140, DEPARTMENT OF TRANSPORTATION public purpose with no further Washington, DC 20590. The Docket Federal Transit Administration obligation to the Government. 49 U.S.C. Operations Facility is open from 9 a.m. Section 5334(h)(l). to 5 p.m., Monday through Friday, Transfer of Federally Assisted Land or except Federal Holidays. Determinations Facility Interested parties are invited to The Secretary may authorize a participate in these proceedings by AGENCY: Federal Transit Administration, transfer for a public purpose other than submitting written views, data, or DOT. public transportation only if the comments. FRA does not anticipate ACTION: Notice of intent to transfer Secretary decides: scheduling a public hearing in Federally assisted land or facility. (A) The asset will remain in public connection with these proceedings since use for at least 5 years after the date the the facts do not appear to warrant a SUMMARY: Section 5334(h) of the Federal asset is transferred; hearing. If any interested party desires Transit Laws, as codified, 49 U.S.C. (B) There is no purpose eligible for an opportunity for oral comment, they 5301, et seq., permits the Administrator assistance under this chapter for which should notify FRA, in writing, before of the Federal Transit Administration the asset should be used; the end of the comment period and (FTA) to authorize a recipient of FTA (C) The overall benefit of allowing the specify the basis for their request. funds to transfer land or a facility to a transfer is greater than the interest of the

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Government in liquidation and return of public plaza are not owned by Transpo, the table below as follows: 1—Motor the financial interest of the Government and are not available for acquisition vehicle, 2—Rail freight, 3—Cargo vessel, in the asset, after considering fair through this notice. The garage facility 4—Cargo aircraft only, 5—Passenger- market value and other factors; and and connected buildings are commonly carrying aircraft. (D) Through an appropriate screening known as Leighton Plaza. DATES: Comments must be received on or survey process, that there is no If no Federal agency is interested in or before September 9, 2016. acquiring the existing Facility, FTA will interest in acquiring the asset for ADDRESSES: make certain that the other requirements Record Center, Pipeline and Government use if the asset is a facility Hazardous Materials Safety or land. specified in 49 U.S.C. Section 5334(h)(1)(A) through (C) are met before Administration U.S. Department of Federal Interest in Acquiring Land or permitting the asset to be transferred. Transportation Washington, DC 20590. Facility Comments should refer to the Marisol Simo´n, application number and be submitted in This document implements the Regional Administrator, FTA Region V. triplicate. If confirmation of receipt of requirements of 49 U.S.C. Section [FR Doc. 2016–18951 Filed 8–9–16; 8:45 am] comments is desired, include a self- 5334(h)(l)(D). Accordingly, FTA hereby BILLING CODE P addressed stamped postcard showing provides notice of the availability of the the special permit number. Facility further described below. Any FOR FURTHER INFORMATION CONTACT: Federal agency interested in acquiring DEPARTMENT OF TRANSPORTATION the affected facility should promptly Ryan Paquet, Director, Office of Hazardous Materials Approvals and notify the FTA. Pipeline and Hazardous Materials Permits Division, Pipeline and If no Federal agency is interested in Safety Administration acquiring the existing Facility, FTA will Hazardous Materials Safety make certain that the other requirements Hazardous Materials: Notice of Administration, U.S. Department of specified in 49 U.S.C. Section Applications for Special Permits Transportation, East Building, PHH–30, 1200 New Jersey Avenue Southeast, 5334(h)(1)(A) through (C) are met before AGENCY: Pipeline and Hazardous permitting the asset to be transferred. Washington, DC 20590–0001, (202) 366– Materials Safety Administration 4535. The Facility to be transferred is a (PHMSA), DOT. parking garage with approximately 215 SUPPLEMENTARY INFORMATION: Copies of ACTION: List of applications for special the applications are available for underground and 429 above-ground permits. parking spaces, and includes all inspection in the Records Center, East equipment used in the control of SUMMARY: In accordance with the Building, PHH–30, 1200 New Jersey parking. It was built in 2000. The procedures governing the application Avenue Southeast, Washington, DC or at Facility has six above-ground levels and for, and the processing of, special http://regulations.gov. a basement parking level. It is permits from the Department of This notice of receipt of applications constructed of precast concrete with a Transportation’s Hazardous Material for special permit is published in brick and concrete fac¸ade. The Facility Regulations (49 CFR part 107, subpart accordance with Part 107 of the Federal is situated within a block in downtown B), notice is hereby given that the Office hazardous materials transportation law South Bend and is connected to two of Hazardous Materials Safety has (49 U.S.C. 5117(b); 49 CFR 1.53(b)). multi-story office buildings and a public received the application described Issued in Washington, DC, on July 19, plaza. Approximately 11,000 square feet herein. Each mode of transportation for 2016. of retail space is located on the ground which a particular special permit is Donald Burger, level of the Facility. However, the multi- requested is indicated by a number in Chief, Office of the Special Permits and story office buildings, retail space, and the ‘‘Nature of Application’’ portion of Approvals.

Application No. Docket No. Applicant Regulation(s) affected Nature of the special permits thereof

SPECIAL PERMITS DATA

20260–N ...... ROGERS HELI- 173.27(b)(2), 172.101(j), To authorize the transportation in commerce of COPTERS, INC. 172.200(a), 172.200, certain hazardous materials by 14 CFR part 133 172.204(c)(3), Rotorcraft External Load Operations transporting 172.400(b), hazardous materials attached to or suspended 172.400a(a), from an aircraft, in remote areas of the US only, 172.300(a), 172.300, without being subject to hazard communication 172.301(c), 175.75(b), requirements, quantity limitations, and certain 175.75(c), loading and stowage requirements. (mode 3). 178.1010(a)(1). 20262–N ...... SHIJIAZHUANG ENRIC 173.302(a), 173.304(a) .. To authorize the transportation of certain haz- GAS EQUIPMENT ardous materials in non-DOT specification fiber CO., LTD. reinforced composite cylinders. (mode 1). 20265–N ...... HYPERCOMP ENGI- 178.71(l)(ii) ...... To authorize the manufacture, mark, sale, and use NEERING, INC. of non-DOT specification composite over- wrapped pressure vessels for the transportation of certain hazardous materials. (modes 1, 2, 3, 4).

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Application No. Docket No. Applicant Regulation(s) affected Nature of the special permits thereof

20266–N ...... ZHEJIANG TIANTAI 173.304(a), 172.304(d) .. To authorize the manufacture, mark, sale and use ZHANTU AUTO- of a non-refillable, non-DOT specification inside MOBILE SUPPLIES metal container conforming to all regulations ap- CO., LTD. plicable to a DOT specification 2Q for the trans- portation in commerce of the materials author- ized by this special permit. (modes, 1, 2, 3, 4). 20271–N ...... BALL AEROSPACE & 173.24(b)(1) ...... To authorize the transportation in commerce of TECHNOLOGIES DOT specification cylinders that have an identifi- CORPORATION. able release of hazardous materials during transportation. (mode 1). 20272–N ...... BALL AEROSPACE & 173.24(b)(1), 173.185(a) To authorize the transportation in commerce of TECHNOLOGIES low production lithium ion batteries contained in CORPORATION. equipment via highway transportation. (mode 1). 20273–N ...... ATK LAUNCH SYS- 173.56(a), 172.320 ...... To authorize the one-time, one-way transportation TEMS INC. of blasting caps that have not been issued an EX approval. (mode 1). 20274–N ...... SDV (USA) INC ...... 172.101(j), 172.300, To authorize the transportation in commerce of 172.400, 173.21, certain non-DOT specification containers con- 173.301, 173.302(a), taining certain Division 2.1, 2.2, 2.3 liquefied 173.304(a). and compressed gases and other hazardous materials for use in specialty cooling applica- tions such as satellites and military aircraft. (modes 1, 4). 20275–N ...... ST. LOUIS HELI- 172.600, 172.200, To authorize the transportation in commerce in the COPTER LLC. 172.400, 172.300, U.S. only of certain hazardous materials by 14 175.1(a). CFR Part 133 Rotorcraft External Load Oper- ations transporting hazardous materials at- tached to or suspended from an aircraft and 14 CFR part 135 operations transporting hazardous materials on board an aircraft. (mode 4). 20277–N ...... VAN HOOL NV ...... 178.274(b), 178.277(b) .. To authorize the manufacture, mark, sale, and use of portable tanks meeting the requirements of the latest edition of the Section VIII of the ASME Code. (mode 1, 2, 3). 20282–N ...... U.S. WATER ENERGY 173.35(f)(1) ...... To authorize the transportation in commerce of a SERVICES, INC. damaged IBC with corrosive residue on the out- side of the container. (mode 1).

[FR Doc. 2016–18199 Filed 8–9–16; 8:45 am] of Hazardous Materials Safety has Hazardous Materials Approvals and BILLING CODE 4909–60–M received the application described Permits Division, Pipeline and herein. Each mode of transportation for Hazardous Materials Safety which a particular special permit is Administration, U.S. Department of DEPARTMENT OF TRANSPORTATION requested is indicated by a number in Transportation, East Building, PHH–30, the ‘‘Nature of Application’’ portion of 1200 New Jersey Avenue Southeast, Pipeline and Hazardous Materials the table below as follows: 1—Motor Washington, DC 20590–0001, (202) 366– Safety Administration vehicle, 2—Rail freight, 3—Cargo vessel, 4535. 4—Cargo aircraft only, 5—Passenger- Hazardous Materials: Notice of SUPPLEMENTARY INFORMATION: Copies of carrying aircraft. Applications for Special Permits the applications are available for DATES: Comments must be received on inspection in the Records Center, East AGENCY: Pipeline and Hazardous or before September 9, 2016. Building, PHH–30, 1200 New Jersey Materials Safety Administration ADDRESSES: Record Center, Pipeline and Avenue Southeast, Washington, DC or at (PHMSA), DOT. Hazardous Materials Safety http://regulations.gov. ACTION: List of applications for Administration U.S. Department of This notice of receipt of applications modification of special permits. Transportation Washington, DC 20590. for special permit is published in Comments should refer to the accordance with Part 107 of the Federal SUMMARY: In accordance with the application number and be submitted in hazardous materials transportation law procedures governing the application triplicate. If confirmation of receipt of (49 U.S.C. 5117(b); 49 CFR 1.53(b)). for, and the processing of, special comments is desired, include a self- Issued in Washington, DC, on July 19, permits from the Department of addressed stamped postcard showing 2016. Transportation’s Hazardous Material the special permit number. Donald Burger, Regulations (49 CFR part 107, subpart FOR FURTHER INFORMATION CONTACT: Chief, Office of the Special Permits and B), notice is hereby given that the Office Ryan Paquet, Director, Office of Approvals.

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SPECIAL PERMITS DATA

Application No. Docket No. Applicant Regulation(s) affected Nature of the special permits thereof

11536–M ...... BOEING CO ...... 172.101(j), 172.102(c), To modify the special permit to authorize an addi- 173.24(g), 173.62, tional three part spacecraft shipping container; to 173.185, 173.202, authorize the transportation of lithium batteries 173.211, 173.304A. which exceed the 35 kg weight limitation; and to authorize the transportation of anhydrous ammo- nia by cargo aircraft. (modes 1, 3, 4). 16060–M ...... DAE RYUK CAN CO., 173.304a(d)(3)(ii) ...... To modify the special permit to authorize an addi- LTD. tional smaller container. (modes 1, 3, 4). 16394–M ...... CELLCO PARTNERSHIP 173.185(f) ...... To modify the special permit to authorize the trans- portation in commerce of damaged or defective lithium ion batteries. (modes 1, 2, 3). 16532–M ...... APPLE INC ...... 173.185(f) ...... To modify the special permit to authorize an addi- tional package. (modes 1, 2). 16598–M ...... SPACEFLIGHT INC ...... 173.185 ...... To modify the special permit to authorize additional lithium batteries. (mode 1).

[FR Doc. 2016–18200 Filed 8–9–16; 8:45 am] ACTION: Notice of actions on special as follows: 1—Motor vehicle, 2—Rail BILLING CODE 4909–60–M permit applications. freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passenger-carrying SUMMARY: In accordance with the aircraft. Application numbers prefixed DEPARTMENT OF TRANSPORTATION procedures governing the application by the letters EE represent applications for, and the processing of, special for Emergency Special Permits. It Pipeline and Hazardous Materials permits from the Department of should be noted that some of the Safety Administration Transportation’s Hazardous Material sections cited were those in effect at the Regulations (49 CFR part 107, subpart time certain special permits were Special Permit Applications B), notice is hereby given of the actions issued. on special permits applications in (June AGENCY: Office of Hazardous Materials to June 2016). The mode of Issued in Washington, DC, on July 19, Safety, Pipeline and Hazardous transportation involved are identified by 2016. Materials Safety Administration a number in the ‘‘Nature of Donald Burger, (PHMSA), DOT. Application’’ portion of the table below Chief, Special Permits and Approvals Branch.

S.P. No. Applicant Regulation(s) Nature of special permit thereof

MODIFICATION SPECIAL PERMIT GRANTED

12399–M ...... Linde Gas North America, 49 CFR 180.209 ...... To modify the special permit to authorize DOT Specification LLC Murray Hill, NJ. 3AL cylinders made of 6351–T6 aluminum to be requali- fied by ultrasonic examination and eddy current examina- tion in accordance with 49 CFR Appendix C to Part 180. 14206–M ...... Digital Wave Corporation 49 CFR 172.203(a), To modify the special permit to add DOT Specification 3AX, Centennial, CO. 172.301(c), and 180.205. 3AAX cylinders and 3T tubes which exceed 125 lbs water capacity for requalification by ultrasonic examination once every ten years. 16469–M ...... ACS UE Testing LLC Denver, 49 CFR 172.203(a), To modify the special permit to authorize the UE system to CO. 172.301(c), 180.205. perform a 3 pass scan. 9232–M ...... U.S. Department of Defense 49 CFR Part 107, Subpart B, To modify the special permit to identify the DOD as an of- Scott AFB, IL. Part 172, Subparts C, D ex- feror of hazardous materials and to clarify certain oper- cept 172.312. ational requirements by replacing AFR 71–4 with AFMAN 24–204 PREPARING HAZARDOUS MATERIALS FOR MILITARY AIR SHIPMENTS. 7573–M ...... U.S. Department of Defense 49 CFR Part 107, Subpart B, To modify the special permit to identify the DOD Part 175 Scott AFB, IL. IL Part 172. as an offeror of hazardous materials and to clarify the au- thorized airports and update the loading and stowage re- quirements. 16146–M ...... U.S. Department of Defense 49 CFR 171.22(e), 172.101 To modify the special permit to authorize Division 1.4 explo- Scott AFB, IL. Hazardous Materials Table sives and add optional packaging requirements AFMAN Column (9B), International 24–204 PREPARING HAZARDOUS MATERIALS FOR Civil Aviation Organization’s MILITARY AIR SHIPMENTS. Technical Instructions Part 3, Chapter 2, Table 3–1 Columns 12 and 13.

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S.P. No. Applicant Regulation(s) Nature of special permit thereof

NEW SPECIAL PERMIT GRANTED

16560–N ...... LightSail Energy, Inc. Berke- 49 CFR 173.302(a) ...... To authorize the manufacture, mark, sale and use of a non- ley, CA. DOT specification fully wrapped carbon fiber reinforced composite cylinder with a non-lead sharing plastic liner for the purpose of transporting certain non-liquefied com- pressed gases in commerce. This cylinder meets all of the requirements of the ISO 11515 Standard with the ex- ception of the design water capacity and the design safe- ty factor. (modes 1, 2, 3). 16618–N ...... Farmers Grain Company 49 CFR 173.24b(a)(1), To authorize the transportation in commerce of anhydrous Pond Creek, OK. 173.315(m)(1)(iv). ammonia in four (4) existing non-DOT specification cargo tanks commonly known as ‘‘nurse tanks’’ and considered an implement in husbandry. The tanks exceed the author- ized capacity and are loaded by volume rather than by weight as required by the Hazardous Materials Regula- tions (HMR). (mode 1).

MODIFICATIONS SPECIAL PERMIT WITHDRAWN

16572–M ...... Samsung Austin Semicon- 49 CFR 173.158(b), To modify the special permit originally issued on an emer- ductor, LLC Austin, TX. 173.158(e), 173.158(f). gency basis to authorize an additional two years and to authorize drums to be emptied no more than 26 weeks after the initial date of filling instead of the current 6 months. 14429–M ...... Bayer HealthCare, LLC 49 CFR 173.306(a)(3)(v) ...... To modify the special permit to authorize an additional DOT Cleveland, TN. Specification 2P aluminum non-refillable inside container, add an additional Division 2.2 material, update ‘‘Con- sumer Commodity’’ to ‘‘Limited Quantity’’, change the ca- pacity from volumetric ‘‘ounces’’ to ‘‘Net Weight Ounces’’ and update the drawing numbers of the inside containers.

DENIED

16572–M ...... Request by Samsung Austin Semiconductor, LLC Austin, TX June 03, 2016. To modify the special permit to authorize re- moving unnecessary restrictions contained in paragraph 7.b. safety control measures. 16463–N ...... Request by Salco Products Lemont, IL June 15, 2016. We would like to apply for a special permit to approve for use 1″–3″ thread by thread ball valves on tank cars produced by SW; Part numbers BWEV6666TTSE00100000, BWEV6666TTSELK100000, BWEV6LH20, BWEV6666TTSE00200000, BWEV6666TTSELK200000, BWEV6666TTSE00300000 and BWEV6666TTSE0030LKOO. These valves are currently on AAR approval number E079023 but the facility producing them has inadvertently allowed their facility certification to lapse. The facility is reapplying for facility approval but due to the high demand on the AAR the re-approval will not happen for an additional (6) months. Before the manufacturer realized the facility certification had lapsed valves were sold and placed into service. We are requesting a spe- cial permit to allow the continued use of the SVF valves listed above until such time the AAR can approve the facility. The fa- cility has in place a current ISO 9001:2008 and an EC Certificate of Conformity certification from Lloyd’s Register in addition to several PED and EC approvals as evidence of an in place quality system and its continued adherence. We do not believe there is any increase in risk by allowing the continued use of these valves based upon the evidence of an in place quality system and a review of the quality performance associated with these valves. There are currently no known open issues with the valves in service. The manufacturer of these valves has been in business and providing these valves for use on tank cars for 20+ years. There has been no change in manufacturing, materials or design. The special permit is for the manufac- turer to be applied to all shippers utilizing the above listed valves.

[FR Doc. 2016–18198 Filed 8–9–16; 8:45 am] and/or continuing information FOR FURTHER INFORMATION CONTACT: Bob BILLING CODE 4909–60–M collections, as required by the Ibanez, BEA Program Manager, CDFI Paperwork Reduction Act of 1995, Fund, U.S. Department of the Treasury, Public Law 104–13 (44 U.S.C. 1500 Pennsylvania Avenue NW., 3506(c)(2)(A)). Currently, the Washington, DC. 20220. Other DEPARTMENT OF THE TREASURY Community Development Financial information regarding the CDFI Fund Institutions Fund (CDFI Fund), U.S. and its programs may be obtained Community Development Financial Department of the Treasury, is soliciting through the CDFI Fund’s Web site at Institutions Fund comments concerning the Bank http://www.cdfifund.gov. Information Collection Request; Notice Enterprise Award Program (BEA SUPPLEMENTARY INFORMATION: and Request for Public Comment Program) Application. Title: Bank Enterprise Award Program DATES: Written comments must be Application. SUMMARY: The U.S. Department of the received on or before October 11, 2016 OMB Number: 1559–0005. Treasury, as part of its continuing effort to be assured of consideration. Abstract: The purpose of the Bank to reduce paperwork and respondent ADDRESSES: Submit your comments via Enterprise Award Program (BEA burden, invites the general public and email to Bob Ibanez, BEA Program Program) is to provide an incentive to other Federal agencies to take this Manager, CDFI Fund, at bea@ FDIC-insured depository institutions to opportunity to comment on proposed cdfi.treas.gov. increase their activities in the form of

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loans, investments, services, and determine the extent of applicants’ information is necessary for the proper technical assistance, within distressed eligibility for BEA Program awards. performance of the functions of the communities and provide financial Current Actions: Renewal of Existing CDFI Fund, including whether the assistance to community development Information Collection. information shall have practical utility; financial institutions through grants, Type of Review: Regular Review. (b) the accuracy of the CDFI Fund’s stock purchases, loans, deposits, and Affected Public: Private Sector, estimate of the burden of the collection other forms of financial and technical businesses or other for-profits, not-for- of information; (c) ways to enhance the assistance. The CDFI Fund will make profit institutions; State, Local, and quality, utility, and clarity of the awards through the BEA Program to Tribal Governments. information to be collected; (d) ways to FDIC-insured depository institutions, Estimated Number of Respondents: minimize the burden of the collection of based upon such institutions’ 75. information on respondents, including completion of certain qualified Estimated Annual Time per through the use of technology; and (e) activities, as reported in the application. Respondent: 20 hours. estimates of capital or start-up costs and The application will solicit information Estimated Total Annual Burden costs of operation, maintenance, and concerning: applicants’ eligibility to Hours: 1,500 hours. purchase of services to provide participate in the BEA Program; the Requests for Comments: Comments information. quantity (value) of applicants’ activities, submitted in response to this notice will Authority: 12 U.S.C. 1834a, 4703, 4713, and the extent to which such activities be summarized and/or included in the 4717; 12 CFR part 1806. may be qualified activities; and request for OMB approval. All appropriate supporting documentation. comments will become a matter of Dennis E. Nolan, The questions that the application public record and may be published on Deputy Director, Community Development contains, and the information generated the CDFI Fund Web site at http:// Financial Institutions Fund. thereby, will enable the CDFI Fund to www.cdfifund.gov. Comments are [FR Doc. 2016–18559 Filed 8–9–16; 8:45 am] evaluate applicants’ activities and invited on: (a) Whether the collection of BILLING CODE 4810–70–P

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Part II

The President

Proclamation 9473—National Health Center Week, 2016 Memorandum of August 5, 2016—Transfer of Unified Command Plan Responsibilities

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Federal Register Presidential Documents Vol. 81, No. 154

Wednesday, August 10, 2016

Title 3— Proclamation 9473 of August 5, 2016

The President National Health Center Week, 2016

By the President of the United States of America

A Proclamation Across America, community health centers offer affordable, high-quality health care to people regardless of their financial status. For more than 50 years, underserved communities and vulnerable populations have relied on the primary and preventive care options these centers provide. During National Health Center Week, we reflect on the important role that health centers have played in delivering the comprehensive care all people deserve. With a strong focus on community-based and patient-centered care, health centers offer more than just treatment for illnesses and injuries; through an emphasis on education and prevention, they promote wellness and help people lead healthier lives. Anyone seeking care can locate their nearest community health center by using the ‘‘Find a Health Center’’ tool at www.HRSA.gov. Health centers have also played an important part in imple- menting the Affordable Care Act (ACA). In addition to giving 20 million more Americans the peace of mind of having quality, affordable health insurance, the ACA has enabled health centers to add more than 950 new service delivery sites across our country. Today, nearly 1,400 health centers operate approximately 9,800 service delivery sites and provide care for nearly 23 million patients. Health centers are an important part of our Nation’s health care system, and my Administration remains committed to supporting these facilities and the care they deliver. This year, we invested $94 million to help health centers treat people suffering from substance use disorders—including pre- scription opioid abuse and heroin use. We have also made new investments to build and renovate health center facilities across our country to help serve more patients and increase availability of oral health services. And because America’s health centers are uniquely positioned to address certain public health challenges, we have increased funding to expand critical serv- ices in communities that need them most. We have made key investments to help health centers respond to the water crisis in Flint, Michigan, and combat the growing threat from the Zika virus in Puerto Rico, the U.S. Virgin Islands, and American Samoa. This week, let us thank the dedicated professionals in our community health centers who provide quality care at affordable prices. Let us build on their efforts to improve the well-being of our people and together continue working to bring about a stronger, healthier Nation for all. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim the week of August 7 through August 13, 2016, as National Health Center Week. I encourage all Americans to celebrate this week by visiting their local health center, meeting health center providers, and exploring the programs they offer to help keep families healthy.

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IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of August, in the year of our Lord two thousand sixteen, and of the Independ- ence of the United States of America the two hundred and forty-first.

[FR Doc. 2016–19199 Filed 8–9–16; 11:15 am] Billing code 3295–F6–P

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Memorandum of August 5, 2016

Transfer of Unified Command Plan Responsibilities

Memorandum for the Secretary of Defense

Pursuant to my authority as Commander in Chief, I hereby approve your request dated June 16, 2016 and direct the transfer of the requested respon- sibilities in the Unified Command Plan. Consistent with title 10, United States Code, section 161(b)(2) and title 3, United States Code, section 301, you are directed to notify the Congress on my behalf. You are authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, August 5, 2016

[FR Doc. 2016–19201 Filed 8–9–16; 11:15 am] Billing code 5001–06–P

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Reader Aids Federal Register Vol. 81, No. 154 Wednesday, August 10, 2016

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 430...... 52196 Presidential Documents 3 CFR 431...... 51812 Proclamations: Executive orders and proclamations 741–6000 951...... 51140 The United States Government Manual 741–6000 9473...... 52965 Executive Orders: 12 CFR Other Services 13675 (amended by 45...... 50605 Electronic and on-line services (voice) 741–6020 13734) ...... 52321 237...... 50605 741–6064 13734...... 52321 Privacy Act Compilation 349...... 50605 Administrative Orders: Public Laws Update Service (numbers, dates, etc.) 741–6043 624...... 50605 Notices: 1221...... 50605 Notice of August 4, 1806...... 52741 ELECTRONIC RESEARCH 2016 ...... 52587 Memorandums: Proposed Rules: World Wide Web Memorandum of July 34...... 51394 26, 2016 ...... 51773 213...... 51400 Full text of the daily Federal Register, CFR and other publications 226...... 51394, 51404 is located at: www.fdsys.gov. Memorandum of August 3 2016...... 52323 1013...... 51400 Federal Register information and research tools, including Public Memorandum of 1026...... 51394, 51404 Inspection List, indexes, and Code of Federal Regulations are August 5 2016...... 52967 located at: www.ofr.gov. 13 CFR 5 CFR 126...... 51312 E-mail 630...... 51775 Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 115...... 52595 an open e-mail service that provides subscribers with a digital 6 CFR 120...... 52595 form of the Federal Register Table of Contents. The digital form Proposed Rules: of the Federal Register Table of Contents includes HTML and 5...... 52593 14 CFR PDF links to the full text of each document. 7 CFR 13...... 51079 To join or leave, go to http://listserv.access.gpo.gov and select 25 ...... 51081, 51084, 51086, 37...... 52589 Online mailing list archives, FEDREGTOC-L, Join or leave the list 51090, 51093, 51095 51...... 51297 (or change settings); then follow the instructions. 39 ...... 51097, 51314, 51317, 205...... 51075 51320, 51323, 51325, 51328, PENS (Public Law Electronic Notification Service) is an e-mail 457...... 52590 51330, 52750, 52752, 52755, service that notifies subscribers of recently enacted laws. 761...... 51274 52758 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 762...... 51274 71 ...... 50613, 52761, 52762 and select Join or leave the list (or change settings); then follow 763...... 51274 91...... 50615 the instructions. 764...... 51274 97 ...... 51332, 51334, 51337, 765...... 51274 51339 FEDREGTOC-L and PENS are mailing lists only. We cannot 766...... 51274 383...... 52763 respond to specific inquiries. 767...... 51274 406...... 51079 Reference questions. Send questions and comments about the 770...... 51274 Proposed Rules: Federal Register system to: [email protected] 772...... 51274 773...... 51274 39 ...... 51142, 51813, 51815, The Federal Register staff cannot interpret specific documents or 774...... 51274 51818, 51821 regulations. 799...... 51274 71...... 52369 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 986...... 51298 15 CFR longer appears in the Federal Register. This information can be 996...... 50283 found online at http://bookstore.gpo.gov/. 1205...... 51781 774...... 52326 1436...... 51274 16 CFR FEDERAL REGISTER PAGES AND DATE, AUGUST 1940...... 51274 Proposed Rules: Proposed Rules: 50283–50604...... 1 319...... 51381 Ch. II ...... 51824 50605–51074...... 2 929...... 51383 259...... 52780 948...... 50406 51075–51296...... 3 17 CFR 51297–51772...... 4 9 CFR 51773–52320...... 5 Proposed Rules: 77...... 52325 3...... 51824 52321–52588...... 8 Proposed Rules: 4...... 51828 52589–52740...... 9 1...... 51386 210...... 51608 52741–52968...... 10 2...... 51386 229...... 51608 3...... 51386 230...... 51608 239...... 51608 10 CFR 240...... 51608 Proposed Rules: 249...... 51608 429...... 51812 274...... 51608

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18 CFR 33 CFR 63...... 51145 609...... 51125 35...... 50290 100...... 50319, 50621 122...... 50434 649...... 51125 154...... 51100 117 ...... 50320, 50621, 52335, 152...... 51425 1816...... 50365 162...... 51425 1852...... 50365 Proposed Rules: 52769 166...... 51425 35...... 51726 165 ...... 50622, 51798, 51801, Proposed Rules: 52335, 52339, 52769 257...... 51838 212...... 50652 745...... 52393 19 CFR Proposed Rules: 246...... 50680 252...... 50680 351...... 50617 334...... 52781 42 CFR 20 CFR 34 CFR 405...... 51116 412...... 52056 49 CFR 404...... 51100 36...... 50321 413...... 51970 40...... 52364 620...... 50298 Ch. II ...... 52341 418...... 52144 665...... 50367 Ch. III ...... 50324 Proposed Rules: 424...... 51116, 51120 1002...... 50652 404...... 51412 36 CFR 455...... 51116, 51120 1040...... 51343 21 CFR 242...... 52528 Proposed Rules: Proposed Rules: 405...... 52783 391...... 52608 11...... 50303 410...... 52783 1109...... 51147 101...... 50303 37 CFR 411...... 52783 1144...... 51149 610...... 52329 Proposed Rules: 413...... 51147 1145...... 51149 1105...... 52329 370...... 52782 414...... 51147, 52783 1247...... 52784 Proposed Rules: 38 CFR 417...... 52783 1248...... 52784 175...... 52370 422...... 52783 21...... 52770 176...... 52370 423...... 52783 50 CFR 177...... 52370 Proposed Rules: 424...... 52783 178...... 52370 17...... 51836 425...... 52783 17...... 51348, 51550 1105...... 52371 18...... 52276 39 CFR 460...... 52783 32...... 52248 22 CFR 494...... 51147 230...... 50624 510...... 50794 36...... 52248 239...... 50618 Proposed Rules: 512...... 50794 100...... 52528 3001...... 51145 216...... 51126 26 CFR 43 CFR 224...... 50394 40 CFR 300...... 52766 10...... 52352 300...... 50401, 51126 301...... 51795 51...... 50330 600...... 51126 Proposed Rules: 52 ...... 50336, 50339, 50342, 44 CFR 622...... 51138, 52366 1 ...... 50657, 50671, 51413 50348, 50351, 50353, 50358, 64...... 51808, 52353 635...... 51810 25...... 51413 50360, 50362, 50626, 50628, 648 ...... 51370, 51374, 52366 301 ...... 50657, 50671, 51835 51341 47 CFR 660...... 51126 56...... 51102 1...... 52354 679 ...... 50404, 50405, 51379, 28 CFR 60...... 52346, 52778 4...... 52354 51380, 52367, 52779 Proposed Rules: 63 ...... 51114, 52346, 52348 Proposed Rules: 31...... 52377 97...... 50630 48 CFR Ch. II ...... 51426 180...... 50630, 52348 202...... 50635 Ch. III ...... 51426 30 CFR 257...... 51802 212...... 50635 Ch. IV...... 51426 1241...... 50306 Proposed Rules: 225...... 50650 Ch. V...... 51426 51...... 50408 242...... 50635 Ch. VI...... 51426 32 CFR 52 ...... 50409, 50415, 50416, 245...... 50652 17...... 52796 505...... 52767 50426, 50427, 50428, 50430, 246...... 50635 635...... 51165 1911...... 52591 52388 252 ...... 50635, 50650, 50652 679 ...... 50436, 50444, 52394

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